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For sale by U.S. Government Printing Office Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402–9328
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?ii Table of Contents
Page Explanation ...... v
Title 50:
Chapter VI—Fishery Conservation and Management, National Oce- anic and Atmospheric Administration, Department of Commerce 3
Finding Aids:
Material Approved for Incorporation by Reference ...... 0
Table of CFR Titles and Chapters ...... 0
Alphabetical List of Agencies Appearing in the CFR ...... 0
List of CFR Sections Affected ...... 0
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To cite the regulations in this volume use title, part and section num- ber. Thus, 50 CFR 600.5 refers to title 50, part 600, section 5.
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The Code of Federal Regulations is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agen- cies of the Federal Government. The Code is divided into 50 titles which represent broad areas subject to Federal regulation. Each title is divided into chapters which usually bear the name of the issuing agency. Each chapter is further sub- divided into parts covering specific regulatory areas. Each volume of the Code is revised at least once each calendar year and issued on a quarterly basis approximately as follows: Title 1 through Title 16...... as of January 1 Title 17 through Title 27 ...... as of April 1 Title 28 through Title 41 ...... as of July 1 Title 42 through Title 50...... as of October 1 The appropriate revision date is printed on the cover of each volume. LEGAL STATUS The contents of the Federal Register are required to be judicially noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text of the original documents (44 U.S.C. 1510). HOW TO USE THE CODE OF FEDERAL REGULATIONS The Code of Federal Regulations is kept up to date by the individual issues of the Federal Register. These two publications must be used together to deter- mine the latest version of any given rule. To determine whether a Code volume has been amended since its revision date (in this case, October 1, 1997), consult the ‘‘List of CFR Sections Affected (LSA),’’ which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which appears in the Reader Aids section of the daily Federal Register. These two lists will identify the Federal Register page number of the latest amendment of any given rule. EFFECTIVE AND EXPIRATION DATES Each volume of the Code contains amendments published in the Federal Reg- ister since the last revision of that volume of the Code. Source citations for the regulations are referred to by volume number and page number of the Federal Register and date of publication. Publication dates and effective dates are usu- ally not the same and care must be exercised by the user in determining the actual effective date. In instances where the effective date is beyond the cut- off date for the Code a note has been inserted to reflect the future effective date. In those instances where a regulation published in the Federal Register states a date certain for expiration, an appropriate note will be inserted following the text. OMB CONTROL NUMBERS The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies to display an OMB control number with their information collection request.
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RAYMOND A. MOSLEY, Director, Office of the Federal Register. October 1, 1997.
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Title 50—FISH AND WILDLIFE is composed of three volumes. The parts in these volumes are arranged in the following order: Parts 1–199, parts 200–599 and part 600 to end. The first volume (parts 1–199) contains the current regulations issued under chapter I—United States Fish and Wildlife Service, Department of the Inte- rior. The second volume (parts 200–599) contains the current regulations issued under chapter II—National Marine Fisheries Service, National Oceanic and At- mospheric Administration, Department of Commerce; chapter III—International Fishing and Related Activities, chapter IV—Joint Regulations (United States Fish and Wildlife Service, Department of the Interior and National Marine Fish- eries Service, National Oceanic and Atmospheric Administration, Department of Commerce); Endangered Species Committee regulations; and chapter V—Marine Mammal Commission. The third volume (part 600 to end) contains the current regulations issued under chapter VI—Fishery Conservation and Management, Na- tional Oceanic and Atmospheric Administration, Department of Commerce. The contents of these volumes represent all current regulations codified under this title of the CFR as of October 1, 1997.
Alphabetical listings of endangered and threatened wildlife and plants appear in part 17.
The OMB control numbers for the National Oceanic and Atmospheric Adminis- tration appear in 15 CFR 902.1.
For this volume, Carol Conroy was Chief Editor. The Code of Federal Regula- tions publication program is under the direction of Frances D. McDonald, assisted by Alomha S. Morris.
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(This book contains part 600 to end)
Part
CHAPTER VI—Fishery Conservation and Management, Na- tional Oceanic and Atmospheric Administration, Depart- ment of Commerce ...... 600
CROSS REFERENCES: Commercial fishing on Red Lake Indian Reservation, Bureau of Indian Affairs: 25 CFR part 242. Disposal of certain wild animals in national parks, National Park Service: 36 CFR part 10. Exchanges of land for migratory bird or other wildlife refuges, Bureau of Land Manage- ment: 43 CFR part 2200.0–1—2272.1. Fishing, hunting, trapping, and protection of wildlife in national forests and wildlife ref- uges, Forest Service: 36 CFR part 241, §§ 261.8, 261.9. Fishing, hunting, trapping, and protection of wildlife in national parks, memorials, recre- ation areas, etc., National Park Service: 36 CFR parts 2, 7, 20. Fishing and hunting in reservoir areas, Corps of Engineers: 36 CFR part 327.8. Free entry of animals, birds and products of American fisheries under specified conditions, Customs Service: 19 CFR part 10.70—10.83. Grazing areas for wildlife maintenance, Bureau of Land Management: 43 CFR part 4110. Making pictures, television production, or sound tracks on areas administered by the Unit- ed States Fish and Wildlife Service or the National Park Service: 43 CFR part 5.1.
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Part Page 600 Magnuson Act provisions ...... 0 622 Fisheries of the Caribbean, Gulf, and South Atlan- tic ...... 0 630 Atlantic swordfish fishery ...... 0 640 Spiny lobster fishery of the Gulf of Mexico and South Atlantic ...... 0 644 Atlantic billfishes ...... 0 648 Fisheries of the Northeastern United States ...... 0 649 American lobster fishery ...... 0 654 Stone crab fishery of the Gulf of Mexico ...... 0 660 Fisheries off West coast states and in the Western Pacific ...... 0 678 Atlantic sharks ...... 0 679 Fisheries of the Exclusive Economic Zone off Alas- ka ...... 0 697 Atlantic coastal fisheries cooperative management 0
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Subpart A—General Allocation means direct and delib- erate distribution of the opportunity to § 600.5 Purpose and scope. participate in a fishery among identifi- (a) This part contains general provi- able, discrete user groups or individ- sions governing the operation of the uals. eight Regional Fishery Management Anadromous species means species of Councils established by the Magnuson fish that spawn in fresh or estuarine Act and describes the Secretary’s role waters of the United States and that and responsibilities under the Act. The migrate to ocean waters. Councils are institutions created by Area of custody means any vessel, Federal law and must conform to the building, vehicle, live car, pound, pier uniform standards established by the or dock facility where fish might be Secretary in this part. found. (b) This part also governs all foreign Assistant Administrator means the As- fishing under the Magnuson Act, pre- sistant Administrator for Fisheries, scribes procedures for the conduct of NOAA, or a designee. preemption hearings under section Authorized officer means: 306(b) of the Magnuson Act, and col- (1) Any commissioned, warrant, or lects the general provisions common to petty officer of the USCG; all domestic fisheries governed by this (2) Any special agent or fishery en- chapter. forcement officer of NMFS; (3) Any officer designated by the head § 600.10 Definitions. of any Federal or state agency that has Unless defined otherwise in other entered into an agreement with the parts of Chapter VI, the terms in this Secretary and the Commandant of the chapter have the following meanings: USCG to enforce the provisions of the Administrator means the Adminis- Magnuson Act or any other statute ad- trator of NOAA (Under Secretary of ministered by NOAA; or Commerce for Oceans and Atmosphere) (4) Any USCG personnel accompany- or a designee. ing and acting under the direction of Advisory group means a Scientific and any person described in paragraph (1) Statistical Committee (SSC), Fishing of this definition. Industry Advisory Committee (FIAC), Authorized species means any species or Advisory Panel (AP) established by or species group that a foreign vessel is a Council under the Magnuson Act. authorized to retain in a joint venture Agent, for the purpose of foreign fish- by a permit issued under Activity Code ing (subpart F), means a person ap- 4 as described by § 600.501(c). pointed and maintained within the Catch, take, or harvest includes, but is United States who is authorized to re- not limited to, any activity that re- ceive and respond to any legal process sults in killing any fish or bringing any issued in the United States to an owner live fish on board a vessel. and/or operator of a vessel operating Center means one of the five NMFS under a permit and of any other vessel Fisheries Science Centers. of that Nation fishing subject to the ju- Coast Guard Commander means one of risdiction of the United States. Any the commanding officers of the Coast diplomatic official accepting such an Guard units specified in Table 1 of appointment as designated agent § 600.502, or a designee. waives diplomatic or other immunity Codend means the terminal, closed in connection with such process. end of a trawl net. Aggregate or summary form means con- Confidential statistics are those sub- fidential data structured in such a way mitted as a requirement of an FMP and that the identity of the submitter can- that reveal the business or identity of not be determined either from the the submitter. present release of the data or in com- Continental shelf fishery resources bination with other releases. means the species listed under section Allocated species means any species or 3(4) of the Magnuson Act. species group allocated to a foreign na- Council means one of the eight Re- tion under § 600.517 for catching by ves- gional Fishery Management Councils sels of that Nation. established by the Magnuson Act.
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Data, statistics, and information are permit (EFP). These regulations refer used interchangeably. exclusively to exempted fishing. Ref- Dealer means the person who first re- erences in part 285 of this title and ceives fish by way of purchase, barter, elsewhere in this chapter to experi- or trade. mental fishing mean exempted fishing Designated representative means the under this part. person appointed by a foreign nation Fish means: and maintained within the United (1) When used as a noun, means any States who is responsible for transmit- finfish, mollusk, crustacean, or parts ting information to and submitting re- thereof, and all other forms of marine ports from vessels of that Nation and animal and plant life other than ma- establishing observer transfer arrange- rine mammals and birds. ments for vessels in both directed and (2) When used as a verb, means to en- joint venture activities. gage in ‘‘fishing,’’ as defined below. Directed fishing, for the purpose of Fishery means: foreign fishing (subpart F), means any (1) One or more stocks of fish that fishing by the vessels of a foreign na- can be treated as a unit for purposes of tion for allocations of fish granted that conservation and management and Nation under § 600.517. that are identified on the basis of geo- Director means the Director of the Of- graphic, scientific, technical, rec- fice of Fisheries Conservation and reational, or economic characteristics, Management, 1315 East-West Highway, or method of catch; or Silver Spring, MD 20910. (2) Any fishing for such stocks. Discard means to release or return Fishery management unit (FMU) fish to the sea, whether or not such fish means a fishery or that portion of a are brought fully on board a fishing fishery identified in an FMP relevant vessel. to the FMP’s management objectives. Drift gillnet means a gillnet that is The choice of an FMU depends on the unattached to the ocean bottom, focus of the FMP’s objectives, and may whether or not attached to a vessel. be organized around biological, geo- Exclusive economic zone (EEZ) means graphic, economic, technical, social, or the zone established by Presidential ecological perspectives. Proclamation 5030, 3 CFR part 22, dated Fishery resource means any fish, any March 10, 1983, and is that area adja- stock of fish, any species of fish, and cent to the United States which, except any habitat of fish. where modified to accommodate inter- national boundaries, encompasses all Fishing, or to fish means any activity, waters from the seaward boundary of other than scientific research con- each of the coastal states to a line on ducted by a scientific research vessel, which each point is 200 nautical miles that involves: (370.40 km) from the baseline from (1) The catching, taking, or harvest- which the territorial sea of the United ing of fish; States is measured. (2) The attempted catching, taking, Exempted educational activity means or harvesting of fish; an activity, conducted by an edu- (3) Any other activity that can rea- cational institution accredited by a sonably be expected to result in the recognized national or international catching, taking, or harvesting of fish; accreditation body, of limited scope or and duration, that is otherwise prohib- (4) Any operations at sea in support ited by part 285 or chapter VI of this of, or in preparation for, any activity title, but that is authorized by the ap- described in paragraphs (1), (2), or (3) of propriate Director or Regional Director this definition. for educational purposes. Fishing vessel means any vessel, boat, Exempted or experimental fishing ship, or other craft that is used for, means fishing from a vessel of the equipped to be used for, or of a type United States that involves activities that is normally used for: otherwise prohibited by part 285 or (1) Fishing; or chapter VI of this title, but that are (2) Aiding or assisting one or more authorized under an exempted fishing vessels at sea in the performance of
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any activity relating to fishing, includ- International radio call sign (IRCS) ing, but not limited to, preparation, means the unique radio identifier as- supply, storage, refrigeration, trans- signed a vessel by the appropriate au- portation, or processing. thority of the flag state. Foreign fishing means fishing by a for- Joint venture means any operation by eign fishing vessel. a foreign vessel assisting fishing by Foreign fishing vessel (FFV) means any U.S. fishing vessels, including catch- fishing vessel other than a vessel of the ing, scouting, processing and/or sup- United States, except those foreign port. (A joint venture generally entails vessels engaged in recreational fishing, a foreign vessel processing fish re- as defined in this section. ceived from U.S. fishing vessels and Gear conflict means any incident at conducting associated support activi- sea involving one or more fishing ves- ties.) sels: Magnuson Act means the Magnuson (1) In which one fishing vessel or its Fishery Conservation and Management gear comes into contact with another Act, as amended (16 U.S.C. 1801 et seq.), vessel or the gear of another vessel; also known as MFCMA. and (2) That results in the loss of, or Metric ton (mt) means 1,000 kg (2,204.6 damage to, a fishing vessel, fishing lb). gear, or catch. nm means nautical mile (6,076 ft (1,852 Gillnet means a panel of netting, sus- m)). pended vertically in the water by floats Official number means the docu- along the top and weights along the mentation number issued by the USCG bottom, to entangle fish that attempt or the certificate number issued by a to pass through it. state or by the USCG for an undocu- Governing International Fishery Agree- mented vessel. ment (GIFA) means an agreement be- Operator, with respect to any vessel, tween the United States and a foreign means the master or other individual nation or Nations under section 201(c) aboard and in charge of that vessel. of the Magnuson Act. Optimum yield (OY) means the Grants Officer means the NOAA offi- amount of fish: cial authorized to sign, on behalf of the (1) That will provide the greatest Government, the cooperative agree- overall benefit to the United States, ment providing funds to support the with particular reference to food pro- Council’s operations and functions. duction and recreational opportunities; Greenwich mean time (GMT) means the and local mean time at Greenwich, Eng- (2) That is prescribed as such on the land. All times in this part are GMT basis of the maximum sustainable unless otherwise specified. yield from such fishery, as modified by Handgear means handline, harpoon, any relevant economic, social, or eco- or rod and reel. logical factor. Harass means to unreasonably inter- Owner, with respect to any vessel, fere with an individual’s work perform- means: ance, or to engage in conduct that cre- ates an intimidating, hostile, or offen- (1) Any person who owns that vessel sive environment. in whole or in part; Harpoon or harpoon gear means fish- (2) Any charterer of the vessel, ing gear consisting of a pointed dart or whether bareboat, time, or voyage; iron attached to the end of a line sev- (3) Any person who acts in the capac- eral hundred feet in length, the other ity of a charterer, including, but not end of which is attached to a floatation limited to, parties to a management device. Harpoon gear is attached to a agreement, operating agreement, or pole or stick that is propelled only by any similar agreement that bestows hand, and not by mechanical means. control over the destination, function, Industry means both recreational and or operation of the vessel; or commercial fishing, and includes the (4) Any agent designated as such by a harvesting, processing, and marketing person described in paragraph (1), (2), sectors. or (3) of this definition.
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Plan Team means a Council working Regional Program Officer means the group selected from agencies, institu- NMFS official designated in the terms tions, and organizations having a role and conditions of the grant award re- in the research and/or management of sponsible for monitoring, recommend- fisheries, whose primary purpose is to ing, and reviewing any technical as- assist the Council in the preparation pects of the application for Federal as- and/or review of FMPs, amendments, sistance and the award. and supporting documents for the Round weight means the weight of the Council, and/or SSC and AP. whole fish before processing or removal Predominately means, with respect to of any part. fishing in a fishery, that more fishing Secretary means the Secretary of on a stock or stocks of fish covered by Commerce or a designee. the FMP occurs, or would occur in the Science and Research Director means absence of regulations, within or be- the Director of one of the five NMFS yond the EEZ than occurs in the aggre- Fisheries Science Centers described in gate within the boundaries of all states Table 1 of § 600.502 of this part, or a des- off the coasts of which the fishery is ignee, also known as Center Director. conducted. Scientific cruise means the period of Processing, for the purpose of foreign time during which a scientific research fishing (subpart F), means any oper- vessel is operated in furtherance of a ation by an FFV to receive fish from scientific research project, beginning foreign or U.S. fishing vessels and/or when the vessel leaves port to under- the preparation of fish, including, but take the project and ending when the not limited to, cleaning, cooking, can- vessel completes the project as pro- ning, smoking, salting, drying, or vided for in the applicable scientific re- freezing, either on the FFV’s behalf or search plan. to assist other foreign or U.S. fishing Scientific research activity is, for the vessels. purposes of this part, an activity in Product recovery rate (PRR) means a furtherance of a scientific fishery in- ratio expressed as a percentage of the vestigation or study that would meet weight of processed product divided by the definition of fishing under the Mag- the round weight of fish used to nuson Act, but for the exemption appli- produce that amount of product. cable to scientific research activity Prohibited species, with respect to a conducted from a scientific research foreign vessel, means any species of vessel. Scientific research activity in- fish that that vessel is not specifically cludes, but is not limited to, sampling, allocated or authorized to retain, in- collecting, observing, or surveying the cluding fish caught or received in ex- fish or fishery resources within the cess of any allocation or authorization. EEZ, at sea, on board scientific re- Recreational fishing, with respect to a search vessels, to increase scientific foreign vessel, means any fishing from knowledge of the fishery resources or a foreign vessel not operated for profit their environment, or to test a hypoth- and not operated for the purpose of sci- esis as part of a planned, directed in- entific research. It may not involve the vestigation or study conducted accord- sale, barter, or trade of part or all of ing to methodologies generally accept- the catch (see § 600.513). ed as appropriate for scientific re- Retain on board means to fail to re- search. At-sea scientific fishery inves- turn fish to the sea after a reasonable tigations address one or more issues in- opportunity to sort the catch. volving taxonomy, biology, physiology, Region mean one of five NMFS Re- behavior, disease, aging, growth, mor- gional Offices responsible for admin- tality, migration, recruitment, dis- istering the management and develop- tribution, abundance, ecology, stock ment of marine resources in the United structure, bycatch, and catch esti- States in their respective geographical mation of finfish and shellfish (inverte- regions. brate) species considered to be a com- Regional Director (RD) means the Di- ponent of the fishery resources within rector of one of the five NMFS Regions the EEZ. Scientific research activity described in Table 1 of § 600.502, or a does not include the collection and re- designee. tention of fish outside the scope of the
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applicable research plan, or the testing NOAA or institutions designated as of fishing gear. Data collection de- federally funded research and develop- signed to capture and land quantities ment centers), U.S. state or territorial of fish or invertebrates for product de- agency, university (or other edu- velopment, market research, and/or cational institution accredited by a public display are not scientific re- recognized national or international search activities and must be per- accreditation body), international mitted under exempted fishing proce- treaty organization, or scientific insti- dures. For foreign vessels, such data tution. In order for a vessel that is collection activities are considered sci- owned or chartered and controlled by a entific research if they are carried out foreign government to meet this defini- in full cooperation with the United tion, the vessel must have scientific re- States. search as its exclusive mission during Scientific research plan means a de- the scientific cruise in question and tailed, written formulation, prepared the vessel operations must be con- in advance of the research, for the ac- ducted in accordance with a scientific complishment of a scientific research research plan. project. At a minimum, a sound sci- Scouting means any operation by a entific research plan should include: vessel exploring (on the behalf of an (1) A description of the nature and FFV or U.S. fishing vessel) for the objectives of the project, including the presence of fish by visual, acoustic, or hypothesis or hypotheses to be tested. other means that do not involve the (2) The experimental design of the catching of fish. project, including a description of the State means each of the several methods to be used, the type and class states, the District of Columbia, the of any vessel(s) to be used, and a de- Commonwealth of Puerto Rico, Amer- scription of sampling equipment. ican Samoa, the Virgin Islands, Guam, (3) The geographical area(s) in which the Northern Mariana Islands, and any the project is to be conducted. other Commonwealth, territory, or (4) The expected date of first appear- possession of the United States. ance and final departure of the re- State employee means any employee of search vessel(s) to be employed, and de- the state agency responsible for devel- ployment and removal of equipment, as oping and monitoring the state’s pro- appropriate. gram for marine and/or anadromous (5) The expected quantity and species fisheries. of fish to be taken and their intended Statement of Organization, Practices, disposition, and, if significant amounts and Procedures (SOPP) means a state- of a managed species or species other- ment by each Council describing its or- wise restricted by size or sex are need- ganization, practices, and procedures ed, an explanation of such need. as required under section 302(f)(6) of (6) The name, address, and telephone/ the Magnuson Act. telex/fax number of the sponsoring or- Stock assessment means the process of ganization and its director. collecting and analyzing biological and (7) The name, address, and telephone/ statistical information to determine telex/fax number, and curriculum vitae the changes in the abundance of fishery of the person in charge of the project stocks in response to fishing, and, to and, where different, the person in the extent possible, to predict future charge of the research project on board trends of stock abundance. Stock as- the vessel. sessments are based on resource sur- (8) The identity of any vessel(s) to be veys; knowledge of the habitat require- used including, but not limited to, the ments, life history, and behavior of the vessel’s name, official documentation species; the use of environmental indi- number and IRCS, home port, and ces to determine impacts on stocks; name, address, and telephone number and catch statistics. Stock assessments of the owner and master. are used as a basis to ‘‘assess and speci- Scientific research vessel means a ves- fy the present and probable future con- sel owned or chartered by, and con- dition of a fishery’’ (as is required by trolled by, a foreign government agen- the Magnuson Act), and are summa- cy, U.S. Government agency (including rized in the Stock Assessment and
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Fishery Evaluation or similar docu- Vessel of the United States or U.S. ves- ment. sel means: Stock Assessment and Fishery Evalua- (1) Any vessel documented under tion (SAFE) means a document or set of chapter 121 of title 46, United States documents that provides Councils with Code; a summary of the most recent biologi- (2) Any vessel numbered under chap- cal condition of species in an FMU, and ter 123 of title 46, United States Code, the social and economic condition of and measuring less than 5 net tons; the recreational and commercial fish- (3) Any vessel numbered under chap- ing industries and the fish processing ter 123 of title 46, United States Code, industries. It summarizes, on a periodic and used exclusively for pleasure; or basis, the best available scientific in- (4) Any vessel not equipped with pro- formation concerning the past, present, pulsion machinery of any kind and and possible future condition of the used exclusively for pleasure. stocks and fisheries being managed 61 FR 32540, June 24, 1996, as amended at 62 under Federal regulation. FR 14646, Mar. 27, 1997] Substantially (affects) means, for the purpose of subpart G, with respect to § 600.15 Other acronyms. whether a state’s action or omission (a) Fishery management terms. (1) will substantially affect the carrying ABC—acceptable biological catch out of an FMP for a fishery, that those (2) DAH—estimated domestic annual effects are important or material, or harvest considerable in degree. The effects of a (3) DAP—estimated domestic annual state’s action or omission for purposes processing of this definition include effects upon: (4) EIS—environmental impact state- (1) The achievement of the FMP’s ment goals or objectives for the fishery; (5) EY—equilibrium yield (2) The achievement of OY from the (6) FMP—fishery management plan fishery on a continuing basis; (7) JVP—joint venture processing (3) The attainment of the national (8) MSY—maximum sustainable yield standards for fishery conservation and (9) PMP—preliminary FMP management (as set forth in section (10) TAC—total allowable catch 301(a) of the Magnuson Act) and com- (11) TALFF—total allowable level of pliance with other applicable law; or foreign fishing (4) The enforcement of regulations (b) Legislation. (1) APA—Administra- implementing the FMP. tive Procedure Act Support means any operation by a (2) CZMA—Coastal Zone Management vessel assisting fishing by foreign or Act U.S. vessels, including supplying water, (3) ESA—Endangered Species Act fuel, provisions, fish processing equip- (4) FACA—Federal Advisory Commit- ment, or other supplies to a fishing tee Act vessel. (5) FOIA—Freedom of Information Total length (TL) means the straight- Act line distance from the tip of the snout (6) FLSA—Fair Labor Standards Act to the tip of the tail (caudal fin) while (7) MFCMA—Magnuson Fishery Con- the fish is lying on its side, normally servation and Management Act extended. (8) MMPA—Marine Mammal Protec- Transship means offloading and tion Act onloading or otherwise transferring (9) MPRSA—Marine Protection, Re- fish or fish products and/or transport- search, and Sanctuaries Act ing fish or products made from fish. (10) NEPA—National Environmental Trawl means a cone or funnel-shaped Policy Act net that is towed through the water by (11) PA—Privacy Act one or more vessels. (12) PRA—Paperwork Reduction Act U.S. observer or observer means any (13) RFA—Regulatory Flexibility Act person serving in the capacity of an ob- (c) Federal agencies. (1) CEQ—Council server employed by NMFS, either di- on Environmental Quality rectly or under contract, or certified as (2) DOC—Department of Commerce a supplementary observer by NMFS. (3) DOI—Department of the Interior
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(4) DOS—Department of State tween the Florida Keys and the main- (5) EPA—Environmental Protection land, are within the Gulf of Mexico. Agency (6) FWS—Fish and Wildlife Service § 600.110 Intercouncil fisheries. (7) GSA—General Services Adminis- If any fishery extends beyond the tration geographical area of authority of any (8) NMFS—National Marine Fisheries one Council, the Secretary may— Service (a) Designate a single Council to pre- (9) NOAA—National Oceanic and At- pare the FMP for such fishery and any mospheric Administration amendments to such FMP, in consulta- (10) OMB—Office of Management and tion with the other Councils concerned; Budget or (11) OPM—Office of Personnel Man- (b) Require that the FMP and any agement amendments be prepared jointly by all (12) SBA—Small Business Adminis- the Councils concerned. tration (1) A jointly prepared FMP or amend- (13) USCG—United States Coast ment must be adopted by a majority of Guard the voting members, present and vot- ing, of each participating Council. Dif- ferent conservation and management Subpart B—Regional Fishery measures may be developed for specific Management Councils geographic areas, but the FMP should address the entire geographic range of § 600.105 Intercouncil boundaries. the stock(s). (a) New England and Mid-Atlantic (2) In the case of joint FMP or Councils. The boundary begins at the amendment preparation, one Council intersection point of Connecticut, will be designated as the ‘‘administra- Rhode Island, and New York at tive lead.’’ The ‘‘administrative lead’’ 41°18′16.249″ N. lat. and 71°54′28.477″ W. Council is responsible for the prepara- long. and proceeds south 37°22′32.75″ tion of the FMP or any amendments East to the point of intersection with and other required documents for sub- the outward boundary of the EEZ as mission to the Secretary. specified in the Magnuson Act. (3) None of the Councils involved in (b) Mid-Atlantic and South Atlantic joint preparation may withdraw with- Councils. The boundary begins at the out Secretarial approval. If Councils seaward boundary between the States cannot agree on approach or manage- of Virginia and North Carolina ment measures within a reasonable pe- (36°31′00.8″ N. lat.), and proceeds due riod of time, the Secretary may des- east to the point of intersection with ignate a single Council to prepare the the outward boundary of the EEZ as FMP or may issue the FMP under Sec- specified in the Magnuson Act. retarial authority. (c) South Atlantic and Gulf of Mexico Councils. The boundary coincides with § 600.115 Statement of organization, the line of demarcation between the practices, and procedures (SOPP). Atlantic Ocean and the Gulf of Mexico, (a) Councils are required to publish which begins at the intersection of the and make available to the public a outer boundary of the EEZ, as specified SOPP in accordance with such uniform in the Magnuson Act, and 83°00′ W. standards as are prescribed by the Sec- long., proceeds northward along that retary (section 302(f)(6)) of the Magnu- meridian to 24°35′ N. lat., (near the Dry son Act. The purpose of the SOPP is to Tortugas Islands), thence eastward inform the public how the Council op- along that parallel, through Rebecca erates within the framework of the Shoal and the Quicksand Shoal, to the Secretary’s uniform standards. Marquesas Keys, and then through the (b) Amendments to current SOPPs Florida Keys to the mainland at the must be consistent with the guidelines eastern end of Florida Bay, the line so in this section and the terms and con- running that the narrow waters within ditions of the cooperative agreement, the Dry Tortugas Islands, the Marque- the statutory requirements of the Mag- sas Keys and the Florida Keys, and be- nuson Act and other applicable law.
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Upon approval of a Council’s SOPP Subpart C—Council Membership amendment by the Secretary, a Notice of Availability will be published in the § 600.205 Principal state officials and FEDERAL REGISTER, including an ad- their designees. dress where the public may write to re- (a) Only a full-time state employee of quest copies. the state agency responsible for marine (c) Councils may deviate, where law- and/or anadromous fisheries shall be ful, from the guidelines with appro- designated by a constituent state Gov- priate supporting rationale, and Sec- ernor as the principal state official for retarial approval of each amendment purposes of section 302(b) of the Magnu- to a SOPP would constitute approval of son Act. New or revised designations any such deviations for that particular by state Governors of principal state Council. officials, and new or revised designa- tions by principal state officials of § 600.120 Employment practices. their designees(s), must be delivered in Council members (except for Federal writing to the appropriate NMFS Re- Government officials) and staff are not gional Director at least 48 hours before the individual may vote on any issue Federal employees subject to OPM reg- before the Council. Written designa- ulations. Council staffing practices are tion(s) must indicate the employment set forth in each Council’s SOPP. status of each principal state official § 600.125 Budgeting, funding, and ac- and that of his/her designee(s), how the counting. official or designee is employed by the state fisheries agency, where each indi- Each Council’s grant activities are vidual is employed (business address governed by OMB Circular A–110 (Uni- and telephone number), and whether form Administrative Requirements for the official’s full salary is paid by the Grants and Agreements with Institu- state. tions of Higher Education, Hospitals, (b) A principal state official may and other Non-Profit Organizations), name his/her designee(s) to act on his/ OMB Circular A–122 (Cost Principles her behalf at Council meetings. Indi- for Non-Profit Organizations), 15 CFR viduals designated to serve as des- Part 29b (Audit Requirements for Insti- ignees of a principal state official on a tutions of Higher Education and Other Council, pursuant to section Nonprofit Organizations), and the 302(b)(1)(A) of the Magnuson Act, must terms and conditions of the coopera- be full time state employees involved tive agreement. (See 5 CFR 1310.3 for in the development of fisheries man- availability of OMB Circulars.) agement policies for that state.
§ 600.130 Protection of confidentiality § 600.210 Terms of Council members. of statistics. (a) Voting members (other than prin- Each Council must establish appro- cipal state officials, the Regional Di- priate procedures for ensuring the con- rectors, or their designees) are ap- fidentiality of the statistics that may pointed for a term of 3 years and, ex- be submitted to it by Federal or state cept as discussed below, may be re- authorities and may be voluntarily appointed. A voting member’s Council submitted to it by private persons, in- service of 18 months or more during a cluding, but not limited to (also see term of office will be counted as serv- § 600.405): ice for the entire 3-year term. (a) Procedures for the restriction of (b) The anniversary date for measur- Council member, employee, or advisory ing terms of membership is August 11. group access and the prevention of con- The Secretary may designate a term of flicts of interest, except that such pro- appointment shorter than 3 years, if cedures must be consistent with proce- necessary, to provide for balanced expi- dures of the Secretary. ration of terms of office. Members may (b) In the case of statistics submitted not serve more than three consecutive to the Council by a state, the confiden- terms. tiality laws and regulations of that (c) A member appointed after Janu- state. ary 1, 1986, who has completed three
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consecutive terms will be eligible for (iii) Leadership in a state, regional, appointment to another term one full or national organization whose mem- year after completion of the third con- bers participate in a fishery in the secutive term. Council’s area of authority; (iv) The management and conserva- § 600.215 Appointments. tion of natural resources, including re- (a) Members appointed from Governors’ lated interactions with industry, gov- lists. This paragraph applies to council ernment bodies, academic institutions, members selected by the Secretary and public agencies. This includes ex- from lists submitted by Governors pur- perience serving as a member of a suant to section 302(b)(2)(C) of the Mag- Council, AP, SSC, or FIAC; nuson-Stevens Act. (v) Representing consumers of fish or (1) Each year, terms of approxi- fish products through participation in mately one-third of the appointed local, state, or national organizations, members of each Council expire. New or performing other activities specifi- members will be appointed, or seated cally related to the education or pro- members will be reappointed to an- tection of consumers of marine re- other term, by the Secretary to fill the sources; and seats being vacated. The Secretary will (vi) Teaching, journalism, writing, select the appointees from lists of consulting, legal practice, or research- nominees submitted by March 15 of ing matters related to fisheries, fishery each year by the Governors of the con- management, and marine resource con- stituent states that are eligible to servation. nominate candidates for that vacancy. (4) To assist in identifying necessary When an appointed member vacates qualifications, each nominee must fur- his/her seat prior to the expiration of nish to the appropriate Governor’s of- his/her term, the Secretary will fill the fice a current resume, or equivalent, vacancy for the remainder of the term describing career history—with par- by selecting from among the nominees ticular attention to experience related submitted by the responsible Gov- to the above criteria. Nominees may ernor(s). provide such information in any format (2) A Governor must submit the they wish. Career and educational his- names of at least three qualified nomi- tory information sent to the Governors nees for each applicable vacancy. should also be sent to the NMFS Office (3) Governors are responsible for en- of Fisheries Conservation and Manage- suring that persons nominated for ap- ment. pointment meet the qualification re- (5) The Secretary will review each quirements of the Magnuson Act. A list submitted by a Governor to ascer- Governor must provide a statement ex- tain if the individuals on the list are plaining how each of his or her nomi- qualified for the vacancy on the basis nees meets the qualification require- of the criteria prescribed in paragraph ments; and must provide appropriate (c) of this section. If the Secretary de- documentation to the Secretary that termines that any nominee is not each nomination was made in consulta- qualified, the Secretary will notify the tion with commercial and recreational appropriate Governor of that deter- fishing interests of that state, and that mination. The Governor shall then sub- each nominee is knowledgeable and ex- mit a revised list or resubmit the origi- perienced, by reason of his or her occu- nal list with an additional explanation pational or other experience, scientific of the qualifications of the nominee in expertise, or training, in one or more of question. The Secretary reserves the the following ways related to the fish- right to determine whether nominees ery resources of the geographical area are qualified. of concern to the Council: (6) There are two categories of seats (i) Commercial fishing or the process- to which voting members are ap- ing or marketing of fish, fish products, pointed: ‘‘obligatory’’ and ‘‘at-large.’’ or fishing equipment; (i) Each constituent state is entitled (ii) Fishing for pleasure, relaxation, to one seat on the Council on which it or consumption, or experience in any is a member, except that Alaska is en- business supporting fishing; titled to five seats and Washington is
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entitled to two seats on the North Pa- lected for appointment to the obliga- cific Fishery Management Council. tory seat may be considered for ap- When the term of a state’s obligatory pointment to an at-large seat, provided member is expiring, or that seat be- that the resulting total number of comes vacant before the expiration of nominees submitted by that Governor its term, the Governor of that state for the expiring at-large seat is no must submit the names of at least fewer than three. three qualified individuals to fill that (ii) If a Governor fails to submit a seat. In order to fill a state’s obliga- list of three qualified nominees for an tory seat, the Secretary may select available at-large seat within the time from any of the nominees for such allotted, then a new at-large member obligatory seat and from the nominees will be appointed from lists of qualified for any at-large seat submitted by the nominees submitted by Governors of Governor of that state. If a Governor other constituent states. fails to provide a list of at least three (iii) If a Governor chooses to submit qualified nominees for a seat obligated nominations for one or more vacant at- to that Governor’s state, then the large seats on a Council, he or she state’s obligatory seat will remain va- must submit lists that contain at least cant until three qualified nominees are three different nominees for each va- submitted by the Governor and acted cant seat. In making selections to each upon by the Secretary. of the available at-large seats, the Sec- (ii) Prior to submitting nominees for retary will consider all names submit- appointment to a Council, a constitu- ted by the constituent state governors. ent state Governor must determine if (iv) In filling expiring at-large seats, each of his or her nominees is a resi- the Secretary will consider only com- dent of that constituent state. A State plete slates of nominees submitted by Governor may not nominate a non-resi- the Governors of the Council’s con- dent of that state for appointment to a stituent states. If nominations are re- Council seat obligated to that state. If, quested to fill more than one at-large at any time during a term, an ap- seat and a Governor elects to nominate pointee to an obligatory seat changes a total of four candidates, (i.e., a slate residency to another state that is not a of three candidates for one seat and constituent state of that Council, the one for the other(s)), the set of three member may no longer vote as a rep- candidates will be considered only for resentative of that state and must re- the first seat, but the two candidates sign from that obligated seat. For pur- who were not selected will not be con- poses of this paragraph (f)(2), a state sidered for the other(s). In this case, resident is an individual who maintains the only candidates considered for the his/her principal residence within that other seat(s) would be derived from the constituent state and, if applicable, slates offered by the Governors of the pays income taxes to that state and/or other states that included three dif- to another appropriate jurisdiction ferent qualified candidates (i.e., can- within that state. didates who were not considered for (7) When the term of an at-large one of the other seats). member is expiring, or that seat be- (v) Governors may nominate resi- comes vacant before the expiration of a dents of another constituent state of a term, the Governors of all constituent Council for appointment to an at-large states of that Council must each sub- seat on that Council. mit the names of at least three quali- (vi) The Secretary must, to the ex- fied individuals to fill that seat. tent practicable, ensure a fair and bal- (i) In order to fill an at-large seat, anced apportionment, on a rotating or the Secretary may select a nominee for other basis, of the active participants that seat submitted by any Governor of (or their representatives) in the com- a constituent state. When the terms of mercial and recreational fisheries in both an obligatory member and an at- the Council’s area of authority. Fur- large member expire concurrently, the ther, the Secretary must take action Governor of the state holding the ex- to ensure, to the extent practicable, piring obligatory seat may indicate that those persons dependent for their that the nominees who were not se- livelihood upon the fisheries in the
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Council’s area of authority are fairly (6) Any vacancy occurring prior to represented as voting members. the expiration of any term shall be (b) Tribal Member. This paragraph ap- filled in the same manner as described plies to the selection of the Pacific above except that the Secretary may Fishery Management Council’s tribal use the list referred to in paragraph member as required by section 302(b)(5) (b)(1) of this section from which the of the Magnuson-Stevens Act. vacating member was chosen. (1) The Secretary shall appoint to the [61 FR 32540, June 24, 1996, as amended at 62 Pacific Fishery Management Council FR 47586, Sept. 10, 1997] one representative of an Indian tribe with federally recognized fishing rights § 600.220 Oath of office. from California, Oregon, Washington, or Idaho from a list of not less than Each member appointed to a Council three individuals submitted by the must take an oath of office. tribal Governments. § 600.225 Rules of conduct. (2) The Secretary shall solicit nomi- nations of individuals for the list re- (a) Council members, as Federal of- ferred to in paragraph (b)(1) of this sec- fice holders, and Council employees are tion only from those Indian tribes with subject to most Federal criminal stat- federally recognized fishing rights from utes covering bribery, conflict-of-inter- California, Oregon, Washington, or est, disclosure of confidential informa- Idaho. The Secretary will consult with tion, and lobbying with appropriated the Bureau of Indian Affairs, Depart- funds. ment of the Interior, to determine (b) The Councils are responsible for which Indian tribes may submit nomi- maintaining high standards of ethical nations. conduct among themselves, their (3) To assist in assessing the quali- staffs, and their advisory groups. In ad- fications of each nominee, each tribal dition to abiding by the applicable Fed- government must furnish to the NMFS eral conflict of interest statutes, both Office of Sustainable Fisheries a cur- members and employees of the Coun- rent resume, or equivalent, describing cils must comply with the following the nominee’s qualifications with em- standards of conduct: phasis on knowledge and experience re- (1) No employee of a Council may use lated to the fishery resources affected his or her official authority or influ- by recommendations of the Pacific ence derived from his or her position Council. Prior service on the Council in with the Council for the purpose of a different capacity will not disqualify interfering with or affecting the result nominees proposed by tribal govern- of an election to or a nomination for ments. any national, state, county, or munici- (4) Nominations must be provided to pal elective office. NMFS by March 15 of the year in which (2) No employee of a Council may be the term of the current tribal member deprived of employment, position, expires. work, compensation, or benefit pro- (5) The Secretary shall rotate the ap- vided for or made possible by the Mag- pointment among the tribes taking nuson Act on account of any political into consideration: activity or lack of such activity in sup- (i) The qualifications of the individ- port of or in opposition to any can- uals on the list referred to in para- didate or any political party in any na- graph (b)(1) of this section. tional, state, county, or municipal (ii) The various rights of the Indian election, or on account of his or her po- tribes involved and judicial cases that litical affiliation. set out how those rights are to be exer- (3) No Council member or employee cised. may pay, offer, promise, solicit, or re- (iii) The geographic area in which the ceive from any person, firm, or cor- tribe of the representative is located. poration a contribution of money or (iv) No tribal representative shall anything of value in consideration of serve more than three consecutive either support or the use of influence terms in the Indian tribal seat. or the promise of support or influence
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in obtaining for any person any ap- § 600.230 Removal. pointive office, place, or employment The Secretary may remove for cause under the Council. any Secretarially appointed member of (4) No employee of a Council may have a direct or indirect financial in- a Council in accordance with section terest that conflicts with the fair and 302(b)(5) of the Magnuson Act, wherein impartial conduct of his or her Council the Council concerned first rec- duties. However, an Executive Director ommends removal of that member by may retain a financial interest in har- not less than two-thirds of the voting vesting, processing or marketing ac- members. A recommendation of a tivities, and participate in matters of Council to remove a member must be general public concern on the Council made in writing to the Secretary and that might affect that interest, if that accompanied by a statement of the rea- interest has been disclosed in a report sons upon which the recommendation filed under § 600.235. is based. (5) No Council member, employee of a Council, or member of a Council advi- § 600.235 Financial disclosure. sory group may use or allow the use, (a) The Magnuson Act requires the for other than official purposes, of in- disclosure by each Council nominee, formation obtained through or in con- voting member appointed to the Coun- nection with his or her Council em- cil by the Secretary, and Executive Di- ployment that has not been made rector, of any financial interest of the available to the general public. reporting individual in any harvesting, (6) No Council member or employee processing, or marketing activity that of the Council may engage in criminal, is being, or will be, undertaken within infamous, dishonest, notoriously im- any fishery under the authority of the moral, or disgraceful conduct. individual’s Council, and of any such fi- (7) No Council member or employee nancial interest of the reporting indi- of the Council may use Council prop- vidual’s spouse, minor child, partner, erty on other than official business. or any organization (other than the Such property must be protected and Council) in which that individual is preserved from improper or deleterious serving as an officer, director, trustee, operation or use. partner, or employee. The information (8) No Council member may partici- required to be reported must be dis- pate— closed on NOAA Form 88–195, ‘‘State- (i) Personally and substantially as a ment of Financial Interests for Use by member through decision, approval, Voting Members, Nominees, and Execu- disapproval, recommendation, the ren- tive Directors of Regional Fishery dering of advice, investigation, or oth- Management Councils’’ (Financial In- erwise in a particular matter primarily terest Form), or such other form as the of individual concern, such as a con- Secretary may prescribe. The report tract, in which he or she has a finan- must be filed by each nominee for Sec- cial interest; or retarial appointment with the Assist- (ii) In any matter of general public ant Administrator by April 15 or, if concern that is likely to have a direct nominated after March 15, 1 month and predictable effect on a member’s fi- after nomination by the Governor. A nancial interest, unless that interest is seated voting member appointed by the in harvesting, processing, or marketing Secretary, or an Executive Director, activities and has been disclosed in a must file a Financial Interest Form report filed under § 600.235. For pur- within 45 days of taking office; must poses of this section, the member’s fi- update his or her statement within 30 nancial interest includes that of the days of acquiring any such financial in- member’s spouse; minor child; partner; terest, or of substantially changing a organization in which the member is financial interest; and must update his/ serving as officer, director, trustee, her statement annually and file that partner or employee; or any person or update by February 1 of each year with organization with whom the member is the Executive Director of the appro- negotiating or has any arrangement priate Council, and concurrently pro- concerning prospective employment. vide copies of such documents to the
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NMFS Regional Director for the geo- ment to a Council, and therefore graphic area concerned. The completed should not be nominated by a Governor Financial Interest Forms will be kept for appointment. on file, and made available for public inspection at reasonable hours at the § 600.245 Council member compensa- Council offices. In addition, the state- tion. ments will be made available at each (a) The obligatory and at-large vot- public Council meeting or hearing. ing members of each Council appointed (b) The provisions of 18 U.S.C. 208 do under section 302(b)(1)(C) of the Magnu- not apply to an individual who has son Act who are not employed by the filed a financial report under this sec- Federal Government or any state or tion regarding an interest that has local government (i.e., any member been reported. who does not receive compensation (c) By February 1 of each year, Coun- from any such government for the pe- cils must forward copies of the com- riod when performing duties as a Coun- pleted disclosure from each current cil member) shall receive compensation Council member and Executive Direc- at 1.2 times the daily rate for a GS–15 tor to the Director, Office of Fisheries (Step 1) of the General Schedule (with- Conservation and Management, NMFS. out locality pay) when engaged in ac- Councils must also include any updates tual performance of duties as assigned in disclosures, as well as revisions re- by the Chair of the Council. Actual per- quired for changes of interests. formance of duties, for the purposes of (d) Councils must retain the disclo- compensation, may include travel sure forms for each member for at least time. 5 years after the expiration of that member’s last term. (b) All voting Council members whose eligibility for compensation has § 600.240 Security assurances. been established in accordance with NOAA guidelines will be paid through (a) DOC/OS will issue security assur- the cooperative agreement as a direct ances to Council nominees and mem- line item on a contractual basis with- bers following completion of back- out deductions being made for Social ground checks. Security assurances will be valid for 5 years from the date Security or Federal and state income of issuance. A security assurance will taxes. A report of compensation will be not entitle the member to access clas- furnished each year by the member’s sified data. In instances in which Coun- Council to the proper Regional Pro- cil members may need to discuss, at gram Officer, as required by the Inter- closed meetings, materials classified nal Revenue Service. Such compensa- for national security purposes, the tion may be paid on a full day’s basis, agency or individual (e.g., DOS, USCG) whether in excess of 8 hours a day or providing such classified information less than 8 hours a day. The time is will be responsible for ensuring that compensable where the individual Council members and other attendees member is required to expend a signifi- have the appropriate security clear- cant private effort that substantially ances. disrupts the daily routine to the extent (b) Each nominee to a Council is re- that a work day is lost to the member. quired to complete a Certification of ‘‘Homework’’ time in preparation for Status form (‘‘form’’). All nominees formal Council meetings is not com- must certify, pursuant to the Foreign pensable. Agents Registration Act of 1938, wheth- (c) Non-government Council members er they serve as an agent of a foreign receive compensation for: principal. Each nominee must certify, (1) Days spent in actual attendance date, sign, and return the form with his at a meeting of the Council or jointly or her completed nomination kit. with another Council. Nominees will not be considered for ap- (2) Travel on the day preceding or fol- pointment to a Council if they have lowing a scheduled meeting that pre- not filed this form. Any nominee who cluded the member from conducting currently is an agent of a foreign prin- his normal business on the day in ques- cipal will not be eligible for appoint- tion.
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(3) Meetings of standing committees will have a better chance for expedi- of the Council if approved in advance tious Secretarial review, approval, and by the Chair. implementation. FMPs that are in sub- (4) Individual member meeting with stantial compliance with the guide- scientific and technical advisors, when lines, the Magnuson Act, and other ap- approved in advance by the Chair and a plicable law must be approved. substantial portion of any day is spent (b) Fishery management objectives. (1) at the meeting. Each FMP, whether prepared by a (5) Conducting or attending hearings, Council or by the Secretary, should when authorized in advance by the identify what the FMP is designed to Chair. accomplish (i.e., the management ob- (6) Other meetings involving Council jectives to be attained in regulating business when approved in advance by the fishery under consideration). In es- the Chair. tablishing objectives, Councils balance (d) The Executive Director of each biological constraints with human Council must submit to the appro- needs, reconcile present and future priate Regional Office annually a re- costs and benefits, and integrate the port, approved by the Council Chair, of diversity of public and private inter- Council member compensation author- ests. If objectives are in conflict, prior- ized. This report shall identify, for ities should be established among each member, amount paid, dates, and them. location and purpose of meetings at- (2) How objectives are defined is im- tended. portant to the management process. Objectives should address the problems Subpart D—National Standards of a particular fishery. The objectives should be clearly stated, practicably § 600.305 General. attainable, framed in terms of defin- (a) Purpose. (1) This subpart estab- able events and measurable benefits, lishes guidelines, based on the national and based upon a comprehensive rather standards, to assist in the development than a fragmentary approach to the and review of FMPs, amendments, and problems addressed. An FMP should regulations prepared by the Councils make a clear distinction between ob- and the Secretary. jectives and the management measures (2) In developing FMPs, the Councils chosen to achieve them. The objectives have the initial authority to ascertain of each FMP provide the context with- factual circumstances, to establish in which the Secretary will judge the management objectives, and to propose consistency of an FMP’s conservation management measures that will and management measures with the achieve the objectives. The Secretary national standards. will determine whether the proposed (c) Word usage. The word usage refers management objectives and measures to all regulations in this subpart. are consistent with the national stand- (1) Must is used, instead of ‘‘shall’’, to ards, other provisions of the Magnuson denote an obligation to act; it is used Act, and other applicable law. The Sec- primarily when referring to require- retary has an obligation under section ments of the Magnuson Act, the logical 301(b) of the Magnuson Act to inform extension thereof, or of other applica- the Councils of the Secretary’s inter- ble law. pretation of the national standards so (2) Shall is used only when quoting that they will have an understanding statutory language directly, to avoid of the basis on which FMPs will be re- confusion with the future tense. viewed. (3) Should is used to indicate that an (3) The national standards are statu- action or consideration is strongly rec- tory principles that must be followed ommended to fulfill the Secretary’s in- in any FMP. The guidelines summarize terpretation of the Magnuson Act, and Secretarial interpretations that have is a factor reviewers will look for in been, and will be, applied under these evaluating a SOPP or FMP. principles. The guidelines are intended (4) May is used in a permissive sense. as aids to decisionmaking; FMPs for- (5) May not is proscriptive; it has the mulated according to the guidelines same force as ‘‘must not.’’
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(6) Will is used descriptively, as dis- and provide an analysis of how the defi- tinguished from denoting an obligation nition was determined and how it re- to act or the future tense. lates to reproductive potential. (7) Could is used when giving exam- (2) The definition of overfishing for a ples, in a hypothetical, permissive stock or stock complex may be devel- sense. oped or expressed in terms of a mini- (8) Can is used to mean ‘‘is able to,’’ mum level of spawning biomass as distinguished from ‘‘may.’’ (‘‘threshold’’); maximum level or rate (9) Examples are given by way of illus- of fishing mortality; or formula, model, tration and further explanation. They or other measurable standard designed are not inclusive lists; they do not to ensure the maintenance of the limit options. stock’s productive capacity. Overfish- (10) Analysis, as a paragraph heading, ing must be defined in a way to enable signals more detailed guidance as to the Council and the Secretary to mon- the type of discussion and examination itor and evaluate the condition of the an FMP should contain to demonstrate stock or stock complex relative to the compliance with the standard in ques- tion. definition. (11) Determine is used when referring (3) Different fishing patterns can to OY. produce a variety of effects on local (12) Adjust is used when establishing and areawide abundance, availability, a deviation from MSY for biological size, and age composition of a stock. reasons, such as in establishing ABC, Some of these fishing patterns have TAC, or EY. been called ‘‘growth,’’ ‘‘localized,’’ or (13) Modify is used when the deviation ‘‘pulse’’ overfishing; however, these from MSY is for the purpose of deter- patterns are not necessarily overfish- mining OY, in accord with relevant ing under the national standard 1 defi- economic, social, or ecological factors. nition, which focuses on recruitment and long-term reproductive capacity. § 600.310 National Standard 1—Opti- (Also see paragraph (c)(6)(v)). mum Yield. (4) Overfishing definitions must be (a) Standard 1. Conservation and based on the best scientific informa- management measures shall prevent tion available. Councils must build overfishing while achieving, on a con- into the definition appropriate consid- tinuing basis, the OY from each fishery eration of risk, taking into account un- for the U.S. fishing industry. certainties in estimating domestic har- (b) General. The determination of OY vest, stock conditions, or the effects of is a decisional mechanism for resolving environmental factors (also see the Magnuson Act’s multiple purposes § 600.335). In cases where scientific data and policies, for implementing an are severely limited, the Councils’ in- FMP’s objectives, and for balancing the formed judgment must be used, and ef- various interests that comprise the na- fort should be directed to identifying tional welfare. OY is based on MSY, or and gathering the needed data. on MSY as it may be adjusted under (5) Secretarial approval or dis- paragraph (d)(3) of this section. The approval of the overfishing definition most important limitation on the spec- will be based on consideration of ification of OY is that the choice of whether the proposal: OY—and the conservation and manage- (i) Has sufficient scientific merit. ment measures proposed to achieve it— must prevent overfishing. (ii) Is likely to result in effective (c) Overfishing. (1) Overfishing is a Council action to prevent the stock level or rate of fishing mortality that from closely approaching or reaching jeopardizes the long-term capacity of a an overfished status. stock or stock complex to produce (iii) Provides a basis for objective MSY on a continuing basis. Each FMP measurement of the status of the stock must specify, to the maximum extent against the definition. possible, an objective and measurable (iv) Is operationally feasible. definition of overfishing for each stock (6) In addition to a specific definition or stock complex covered by that FMP, of overfishing for each stock or stock
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complex, an FMP must contain man- under section 302(i) of the Magnuson agement measures necessary to pre- Act. vent overfishing. (8) There are certain limited excep- (i) If overfishing is defined in terms tions to the requirement to prevent of a threshold biomass level, the Coun- overfishing. Harvesting the major com- cil must ensure that fishing effort does ponent of a mixed fishery at its opti- not cause spawning biomass to fall and mum level may result in the overfish- remain below that threshold. ing of a minor (smaller or less valu- (ii) If overfishing is defined in terms able) stock component in the fishery. A of a maximum fishing mortality rate, Council may decide to permit this type the Council must ensure that fishing of overfishing if it is demonstrated by effort on that stock does not cause the analysis (paragraph (f)(5) of this sec- maximum rate to be exceeded. tion) that it will result in net benefits (iii) If data indicate that an over- to the Nation, and if the Council’s ac- fished condition exists, a program must tion will not cause any stock to require be established for rebuilding the stock protection under the ESA. over a period of time specified by the (9) All FMPs should contain a defini- Council and acceptable to the Sec- tion of overfishing for the stock or retary. stock complex managed under the af- fected FMP. (iv) If data indicate that a stock or (d) MSY. (1) MSY is the largest aver- stock complex is approaching an over- age annual catch or yield that can be fished condition, the Council should taken over a significant period of time identify actions or combination of ac- from each stock under prevailing eco- tions to be undertaken in response. logical and environmental conditions. (v) Depending on the objectives of a (2) MSY may be presented as a range particular FMP and the specific defini- of values. One MSY may be specified tion of overfishing established for the for a related group of species in a stock or stock complex under manage- mixed-species fishery. Since MSY is a ment, a Council may recommend meas- long-term average, it need not be speci- ures to prevent or permit pulse, local- fied annually, but must be based on the ized, or growth overfishing. best scientific information available. (7) Significant adverse alterations in (3) MSY may be only the starting environment/habitat conditions in- point in providing a realistic biological crease the possibility that fishing ef- description of allowable fishery remov- fort will contribute to a stock collapse. als. MSY may need to be adjusted be- Care should be taken to identify the cause of environmental factors, stock cause of any downward trends in peculiarities, or other biological vari- spawning stock sizes or average annual ables, prior to the determination of recruitment. OY. An example of such an adjustment (i) Whether these trends are caused is determination of ABC. by environmental changes or by fishing (e) ABC. (1) ABC is a preliminary de- effort, the only direct control provided scription of the acceptable harvest (or by the Magnuson Act is to reduce fish- range of harvests) for a given stock or ing mortality. stock complex. Its derivation focuses (ii) Unless the Council asserts, as on the status and dynamics of the supported by appropriate evidence, stock, environmental conditions, other that reduced fishing effort would not ecological factors, and prevailing tech- alleviate the problem, the FMP must nological characteristics of the fishery. include measures to reduce fishing (2) When ABC is used, its specifica- mortality, regardless of the cause of tion constitutes the first step in deriv- the low population level. ing OY from MSY. Unless the best sci- (iii) If manmade environmental entific information available indicates changes are contributing to the down- otherwise (see § 600.315, ABC should be ward trends, in addition to controlling no higher than the product of the effort, Councils should recommend res- stock’s natural mortality rate and the toration of habitat and other ameliora- biomass of the exploitable stock. If a tive programs, to the extent possible, threshold has been specified for the and consider whether to take action stock, ABC must equal zero when the
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stock is at or below that threshold fisheries, the level of capitalization, (also see paragraph (c)(2) of this sec- operating costs of vessels, alternate tion). ABC may be expressed in employment opportunities, and econo- numeric or nonnumeric terms. mies of coastal areas. (f) OY—(1) Definition. The term ‘‘opti- (ii) Social factors. Examples are enjoy- mum’’ with respect to the yield from a ment gained from recreational fishing, fishery, means the amount of fish that avoidance of gear conflicts and result- will provide the greatest overall bene- ing disputes, preservation of a way of fit to the Nation, with particular ref- life for fishermen and their families, erence to food production and rec- and dependence of local communities reational opportunities; and that is on a fishery. Among other factors that prescribed as such on the basis of the may be considered are the cultural MSY from each fishery, as modified by place of subsistence fishing, obliga- any relevant economic, social, or eco- tions under Indian treaties, and world- logical factors (section 3(21)(b) of the wide nutritional needs. Magnuson Act). (iii) Ecological factors. Examples are (2) Values in determination. In deter- the vulnerability of incidental or un- mining the greatest benefit to the Na- regulated species in a mixed-species tion, two values that should be weighed fishery, predator-prey or competitive are food production and recreational interactions, and dependence of marine opportunities (section 3(21)(a) of the mammals and birds or endangered spe- Magnuson Act). They should receive se- cies on a stock of fish. Equally impor- rious attention as measures of benefit tant are environmental conditions that when considering the economic, eco- stress marine organisms, such as natu- logical, or social factors used in modi- ral and manmade changes in wetlands fying MSY to obtain OY. or nursery grounds, and effects of pol- (i) Food production encompasses the lutants on habitat and stocks. goals of providing seafood to consum- (4) Specification. (i) The amount of ers, maintaining an economically via- fish that constitutes the OY need not ble fishery, and utilizing the capacity be expressed in terms of numbers or of U.S. fishery resources to meet nutri- weight of fish. The economic, social, or tional needs. ecological modifications to MSY may (ii) Recreational opportunities includes be expressed by describing fish having recognition of the importance of the common characteristics, the harvest of quality of the recreational fishing ex- which provides the greatest overall perience, and of the contribution of benefit to the Nation. For instance, OY recreational fishing to the national, re- may be expressed as a formula that gional, and local economies and food converts periodic stock assessments supplies. into quotas or guideline harvest levels (3) Factors relevant to OY. The Magnu- for recreational, commercial, and other son Act’s definition of OY identifies fishing. OY may be defined in terms of three categories of factors to be used in an annual harvest of fish or shellfish modifying MSY to arrive at OY: Eco- having a minimum weight, length, or nomic, social, and ecological (section other measurement. OY may also be 3(21)(b) of the Magnuson Act). Not expressed as an amount of fish taken every factor will be relevant in every only in certain areas, or in certain sea- fishery. For some fisheries, insufficient sons, or with particular gear, or by a information may be available with re- specified amount of fishing effort. In spect to some factors to provide a basis the case of a mixed-species fishery, the for corresponding modifications to incidental-species OY may be a func- MSY. tion of the directed catch, or absorbed (i) Economic factors. Examples are into an OY for related species. promotion of domestic fishing, develop- (ii) If a numerical OY is chosen, a ment of unutilized or underutilized range or average may be specified. fisheries, satisfaction of consumer and (iii) In a fishery where there is a sig- recreational needs, and encouragement nificant discard component, the OY of domestic and export markets for may either include or exclude discards, U.S.-harvested fish. Some other factors consistent with the other yield deter- that may be considered are the value of minations.
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(iv) The OY specification can be con- but not to exceed OY by a substantial verted into an annual numerical esti- amount. The Secretary has an obliga- mate to establish any TALFF and to tion to implement and enforce the analyze impacts of the management re- FMP so that OY is achieved. If man- gime. There should be a mechanism in agement measures prove unenforce- an FMP for periodic reassessment of able—or too restrictive, or not rigorous the OY specification, so that it is re- enough to realize OY—they should be sponsive to changing circumstances in modified; an alternative is to reexam- the fishery. ine the adequacy of the OY specifica- (v) The determination of OY requires tion. a specification of MSY. However, even (2) Exceeding OY does not necessarily where sufficient scientific data as to constitute overfishing, although they the biological characteristics of the might coincide. Even if no overfishing stock do not exist, or the period of ex- resulted, continual harvest at a level ploitation or investigation has not above a fixed-value OY would violate been long enough for adequate under- National Standard 1, because OY was standing of stock dynamics, or where exceeded (not achieved) on a continu- frequent large-scale fluctuations in ing basis. stock size make this concept of limited (3) Part of the OY may be held as a value, the OY should be based on the reserve to allow for uncertainties in es- best scientific information available. timates of stock size and of DAH or to (5) Analysis. An FMP must contain an solve operational problems in achiev- analysis of how its OY specification ing (but not exceeding) OY. If an OY re- was determined (section 303(a)(3) of the serve is established, an adequate mech- Magnuson Act). It should relate the ex- anism should be included in the FMP planation of overfishing in paragraph to permit timely release of the reserve (c) of this section to conditions in the to domestic or foreign fishermen, if particular fishery, and explain how its necessary. choice of OY and conservation and (h) OY and foreign fishing. Section management measures will prevent overfishing in that fishery. If overfish- 201(d) of the Magnuson Act provides ing is permitted under paragraph (c)(8) that fishing by foreign nations is lim- of this section, the analysis must con- ited to that portion of the OY that will tain a justification in terms of overall not be harvested by vessels of the Unit- benefits and an assessment of the risk ed States. of the species or stock component (1) DAH. Councils must consider the reaching a threatened or endangered capacity of, and the extent to which, status. A Council must identify those U.S. vessels will harvest the OY on an economic, social, and ecological factors annual basis. Estimating the amount relevant to management of a particular that U.S. fishing vessels will actually fishery, then evaluate them to arrive harvest is required to determine the at the modification (if any) of MSY. surplus. The choice of a particular OY must be (2) DAP. Each FMP must identify the carefully defined and documented to capacity of U.S. processors. It must show that the OY selected will produce also identify the amount of DAP, the greatest benefit to the Nation. which is the sum of two estimates: (g) OY as a target. (1) The specifica- (i) The amount of U.S. harvest that tion of OY in an FMP is not automati- domestic processors will process. This cally a quota or ceiling, although estimate may be based on historical quotas may be derived from the OY, performance and on surveys of the ex- where appropriate. OY is a target or pressed intention of manufacturers to goal; an FMP must contain conserva- process, supported by evidence of con- tion and management measures, and tracts, plant expansion, or other rel- provisions for information collection, evant information. that are designed to achieve OY. These (ii) The amount of fish that will be measures should allow for practical harvested by domestic vessels, but not and effective implementation and en- processed (e.g., marketed as fresh forcement of the management regime, whole fish, used for private consump- so that the harvest is allowed to reach, tion, or used for bait).
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(iii) JVP. When DAH exceeds DAP, sider the effort, cost, or social impact the surplus is available for JVP. JVP is of obtaining it. derived from DAH. (2) An FMP should identify scientific information needed from other sources § 600.315 National Standard 2—Sci- to improve understanding and manage- entific Information. ment of the resource and the fishery. (a) Standard 2. Conservation and (3) The information submitted by management measures shall be based various data suppliers about the upon the best scientific information stocks(s) throughout its range or about available. the fishery should be comparable and (b) FMP development. The fact that compatible, to the maximum extent scientific information concerning a possible. fishery is incomplete does not prevent the preparation and implementation of (d) FMP amendment. FMPs should be an FMP (see related §§ 600.320(d)(2) and amended on a timely basis, as new in- 600.340(b). formation indicates the necessity for (1) Scientific information includes, change in objectives or management but is not limited to, information of a measures. biological, ecological, economic, or so- (e) SAFE Report. (1) The SAFE report cial nature. Successful fishery manage- is a document or set of documents that ment depends, in part, on the timely provides Councils with a summary of availability, quality, and quantity of the most recent biological condition of scientific information, as well as on species in the FMU, and the social and the thorough analysis of this informa- economic condition of the recreational tion, and the extent to which the infor- and commercial fishing interests and mation is applied. If there are conflict- the fish processing industries. It sum- ing facts or opinions relevant to a par- marizes, on a periodic basis, the best ticular point, a Council may choose available scientific information con- among them, but should justify the cerning the past, present, and possible choice. future condition of the stocks and fish- (2) FMPs must take into account the eries being managed under Federal reg- best scientific information available at ulation. the time of preparation. Between the (i) The Secretary has the responsibil- initial drafting of an FMP and its sub- ity to assure that a SAFE report or mission for final review, new informa- similar document is prepared, reviewed tion often becomes available. This new annually, and changed as necessary for information should be incorporated each FMP. The Secretary or Councils into the final FMP where practicable; may utilize any combination of talent but it is unnecessary to start the FMP from Council, state, Federal, univer- process over again, unless the informa- sity, or other sources to acquire and tion indicates that drastic changes analyze data and produce the SAFE re- have occurred in the fishery that might port. require revision of the management ob- jectives or measures. (ii) The SAFE report provides infor- (c) FMP implementation. (1) An FMP mation to the Councils for determining must specify whatever information annual harvest levels from each stock, fishermen and processors will be re- documenting significant trends or quired or requested to submit to the changes in the resource and fishery Secretary. Information about harvest over time, and assessing the relative within state boundaries, as well as in success of existing state and Federal the EEZ, may be collected if it is need- fishery management programs. In addi- ed for proper implementation of the tion, the SAFE report may be used to FMP and cannot be obtained otherwise. update or expand previous environ- The FMP should explain the practical mental and regulatory impact docu- utility of the information specified in ments, and ecosystem and habitat de- monitoring the fishery, in facilitating scriptions. inseason management decisions, and in (iii) Each SAFE report must be sci- judging the performance of the man- entifically based, and cite data sources agement regime; it should also con- and interpretations.
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(2) Each SAFE report should contain economic, technical, social, or ecologi- information on which to base harvest cal perspectives. For example: specifications. (i) Biological—could be based on a (3) Each SAFE report should contain stock(s) throughout its range. information on which to assess the so- (ii) Geographic—could be an area. cial and economic condition of the per- (iii) Economic—could be based on a sons and businesses that rely on the fishery supplying specific product use of fish resources, including fish forms. processing industries. (iv) Technical—could be based on a (4) Each SAFE report may contain fishery utilizing a specific gear type or additional economic, social, and eco- similar fishing practices. logical information pertinent to the (v) Social—could be based on fisher- success of management or the achieve- men as the unifying element, such as ment of objectives of each FMP. when the fishermen pursue different species in a regular pattern throughout § 600.320 National Standard 3—Man- the year. agement Units. (vi) Ecological—could be based on spe- cies that are associated in the eco- (a) Standard 3. To the extent prac- system or are dependent on a particu- ticable, an individual stock of fish lar habitat. shall be managed as a unit throughout (2) Conservation and management meas- its range, and interrelated stocks of ures. FMPs should include conservation fish shall be managed as a unit or in and management measures for that close coordination. part of the management unit within (b) General. The purpose of this U.S. waters, although the Secretary standard is to induce a comprehensive can ordinarily implement them only approach to fishery management. The within the EEZ. The measures need not geographic scope of the fishery, for be identical for each geographic area planning purposes, should cover the en- within the management unit, if the tire range of the stocks(s) of fish, and FMP justifies the differences. A man- not be overly constrained by political agement unit may contain, in addition boundaries. Wherever practicable, an to regulated species, stocks of fish for FMP should seek to manage inter- which there is not enough information related stocks of fish. available to specify MSY and OY or to (c) Unity of management. Cooperation establish management measures, so and understanding among entities con- that data on these species may be col- cerned with the fishery (e.g., Councils, lected under the FMP. states, Federal Government, inter- (e) Analysis. To document that an national commissions, foreign nations) FMP is as comprehensive as prac- are vital to effective management. ticable, it should include discussions of Where management of a fishery in- the following: volves multiple jurisdictions, coordina- (1) The range and distribution of the tion among the several entities should stocks, as well as the patterns of fish- be sought in the development of an ing effort and harvest. FMP. Where a range overlaps Council (2) Alternative management units areas, one FMP to cover the entire and reasons for selecting a particular range is preferred. The Secretary des- one. A less-than-comprehensive man- ignates which Council(s) will prepare agement unit may be justified if, for the FMP, under section 304(f) of the example, complementary management Magnuson Act. exits or is planned for a separate geo- (d) Management unit. The term ‘‘man- graphic area or for a distinct use of the agement unit’’ means a fishery or that stocks, or if the unmanaged portion of portion of a fishery identified in an the resource is immaterial to proper FMP as relevant to the FMP’s manage- management. ment objectives. (3) Management activities and habi- (1) Basis. The choice of a manage- tat programs of adjacent states and ment unit depends on the focus of the their effects on the FMP’s objectives FMP’s objectives, and may be orga- and management measures. Where nized around biological, geographic, state action is necessary to implement
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measures within state waters to (1) An FMP that restricted fishing in achieve FMP objectives, the FMP the EEZ to those holding a permit from should identify what state action is state X would violate Standard 4 if necessary, discuss the consequences of state X issued permits only to its own state inaction or contrary action, and citizens. make appropriate recommendations. (2) An FMP that closed a spawning The FMP should also discuss the im- ground might disadvantage fishermen pact that Federal regulations will have living in the state closest to it, because on state management activities. they would have to travel farther to an (4) Management activities of other open area, but the closure could be jus- countries having an impact on the fish- tified under Standard 4 as a conserva- ery, and how the FMP’s management tion measure with no discriminatory measures are designed to take into ac- intent. count these impacts. International (c) Allocation of fishing privileges. An boundaries may be dealt with in sev- FMP may contain management meas- eral ways. For example: ures that allocate fishing privileges if (i) By limiting the management such measures are necessary or helpful unit’s scope to that portion of the in furthering legitimate objectives or stock found in U.S. waters; in achieving the OY, and if the meas- (ii) By estimating MSY for the entire ures conform with paragraphs (c)(3)(i) stock and then basing the determina- through (c)(3)(iii) of this section. tion of OY for the U.S. fishery on the (1) Definition. An ‘‘allocation’’ or ‘‘as- portion of the stock within U.S. wa- signment’’ of fishing privileges is a di- ters; or rect and deliberate distribution of the opportunity to participate in a fishery (iii) By referring to treaties or coop- among identifiable, discrete user erative agreements. groups or individuals. Any manage- § 600.325 National Standard 4—Alloca- ment measure (or lack of management) tions. has incidental allocative effects, but only those measures that result in di- (a) Standard 4. Conservation and rect distributions of fishing privileges management measures shall not dis- will be judged against the allocation criminate between residents of dif- requirements of Standard 4. Adoption ferent states. If it becomes necessary of an FMP that merely perpetuates ex- to allocate or assign fishing privileges isting fishing practices may result in among various U.S. fishermen, such al- an allocation, if those practices di- location shall be: rectly distribute the opportunity to (1) Fair and equitable to all such fish- participate in the fishery. Allocations ermen. of fishing privileges include, for exam- (2) Reasonably calculated to promote ple, per-vessel catch limits, quotas by conservation. vessel class and gear type, different (3) Carried out in such manner that quotas or fishing seasons for rec- no particular individual, corporation, reational and commercial fishermen, or other entity acquires an excessive assignment of ocean areas to different share of such privileges. gear users, and limitation of permits to (b) Discrimination among residents of a certain number of vessels or fisher- different states. An FMP may not dif- men. ferentiate among U.S. citizens, nation- (2) Analysis of allocations. Each FMP als, resident aliens, or corporations on should contain a description and analy- the basis of their state of residence. An sis of the allocations existing in the FMP may not incorporate or rely on a fishery and of those made in the FMP. state statute or regulation that dis- The effects of eliminating an existing criminates against residents of another allocation system should be examined. state. Conservation and management Allocation schemes considered, but re- measures that have different effects on jected by the Council, should be in- persons in various geographic locations cluded in the discussion. The analysis are permissible if they satisfy the should relate the recommended alloca- other guidelines under Standard 4. Ex- tions to the FMP’s objectives and OY amples of these precepts are: specification, and discuss the factors
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listed in paragraph (c)(3) of this sec- sense of wise use) by optimizing the tion. yield, in terms of size, value, market (3) Factors in making allocations. An mix, price, or economic or social bene- allocation of fishing privileges must be fit of the product. fair and equitable, must be reasonably (iii) Avoidance of excessive shares. An calculated to promote conservation, allocation scheme must be designed to and must avoid excessive shares. These deter any person or other entity from tests are explained in paragraphs acquiring an excessive share of fishing (c)(3)(i) through (c)(3)(iii) of this sec- privileges, and to avoid creating condi- tion: tions fostering inordinate control, by (i) Fairness and equity. (A) An alloca- buyers or sellers, that would not other- tion of fishing privileges should be ra- wise exist. tionally connected to the achievement (iv) Other factors. In designing an al- of OY or with the furtherance of a le- location scheme, a Council should con- gitimate FMP objective. Inherent in an sider other factors relevant to the allocation is the advantaging of one FMP’s objectives. Examples are eco- group to the detriment of another. The nomic and social consequences of the motive for making a particular alloca- scheme, food production, consumer in- tion should be justified in terms of the terest, dependence on the fishery by objectives of the FMP; otherwise, the present participants and coastal com- disadvantaged user groups or individ- munities, efficiency of various types of uals would suffer without cause. For gear used in the fishery, transferability instance, an FMP objective to preserve of effort to and impact on other fish- the economic status quo cannot be eries, opportunity for new participants achieved by excluding a group of long- to enter the fishery, and enhancement time participants in the fishery. On the of opportunities for recreational fish- other hand, there is a rational connec- ing. tion between an objective of harvesting shrimp at their maximum size and § 600.330 National Standard 5—Effi- closing a nursery area to trawling. ciency. (B) An allocation of fishing privileges may impose a hardship on one group if (a) Standard 5. Conservation and it is outweighed by the total benefits management measures shall, where received by another group or groups. practicable, promote efficiency in the An allocation need not preserve the utilization of fishery resources; except status quo in the fishery to qualify as that no such measure shall have eco- ‘‘fair and equitable,’’ if a restructuring nomic allocation as its sole purpose. of fishing privileges would maximize (b) Efficiency in the utilization of re- overall benefits. The Council should sources—(1) General. The term ‘‘utiliza- make an initial estimate of the rel- tion’’ encompasses harvesting, process- ative benefits and hardships imposed ing, and marketing, since management by the allocation, and compare its con- decisions affect all three sectors of the sequences with those of alternative al- industry. The goal of promoting effi- location schemes, including the status cient utilization of fishery resources quo. Where relevant, judicial guidance may conflict with other legitimate so- and government policy concerning the cial or biological objectives of fishery rights of treaty Indians and aboriginal management. In encouraging efficient Americans must be considered in deter- utilization of fishery resources, this mining whether an allocation is fair standard highlights one way that a and equitable. fishery can contribute to the Nation’s (ii) Promotion of conservation. Numer- benefit with the least cost to society: ous methods of allocating fishing privi- Given a set of objectives for the fish- leges are considered ‘‘conservation and ery, an FMP should contain manage- management’’ measures under section ment measures that result in as effi- 303 of the Magnuson Act. An allocation cient a fishery as is practicable or de- scheme may promote conservation by sirable. encouraging a rational, more easily (2) Efficiency. In theory, an efficient managed use of the resource. Or, it fishery would harvest the OY with the may promote conservation (in the minimum use of economic inputs such
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as labor, capital, interest, and fuel. Ef- (1) Definition. Limited access (or lim- ficiency in terms of aggregate costs ited entry) is a management technique then becomes a conservation objective, that attempts to limit units of effort in where ‘‘conservation’’ constitutes wise a fishery, usually for the purpose of re- use of all resources involved in the ducing economic waste, improving net fishery, not just fish stocks. economic return to the fishermen, or (i) In an FMP, management measures capturing economic rent for the benefit may be proposed that allocate fish of the taxpayer or the consumer. Com- among different groups of individuals mon forms of limited access are licens- or establish a system of property ing of vessels, gear, or fishermen to re- rights. Alternative measures examined duce the number of units of effort, and in searching for an efficient outcome dividing the total allowable catch into will result in different distributions of fishermen’s quotas (a stock-certificate gains and burdens among identifiable system). Two forms (i.e., Federal fees user groups. An FMP should dem- for licenses or permits in excess of ad- onstrate that management measures ministrative costs, and taxation) are aimed at efficiency do not simply re- not permitted under the Magnuson distribute gains and burdens without an increase in efficiency. Act. (ii) Management regimes that allow a (2) Factors to consider. The Magnuson fishery to operate at the lowest pos- Act ties the use of limited access to the sible cost (e.g., fishing effort, adminis- achievement of OY. An FMP that pro- tration, and enforcement) for a par- poses a limited access system must ticular level of catch and initial stock consider the factors listed in section size are considered efficient. Restric- 303(b)(6) of the Magnuson Act and in tive measures that unnecessarily raise § 600.325(c)(3). In addition, it should any of those costs move the regime to- consider the criteria for qualifying for ward inefficiency. Unless the use of in- a permit, the nature of the interest efficient techniques or the creation of created, whether to make the permit redundant fishing capacity contributes transferable, and the Magnuson Act’s to the attainment of other social or bi- limitation on returning economic rent ological objectives, an FMP may not to the public under section 304(d)(1). contain management measures that The FMP should also discuss the costs impede the use of cost-effective tech- of achieving an appropriate distribu- niques of harvesting, processing, or tion of fishing privileges. marketing, and should avoid creating (d) Analysis. An FMP should discuss strong incentives for excessive invest- the extent to which overcapitalization, ment in private sector fishing capital congestion, economic waste, and ineffi- and labor. cient techniques in the fishery reduce (c) Limited access. A ‘‘system for lim- the net benefits derived from the man- iting access,’’ which is an optional agement unit and prevent the attain- measure under section 303(b) of the ment and appropriate allocation of OY. Magnuson Act, is a type of allocation It should also explain, in terms of the of fishing privileges that may be used FMP’s objectives, any restriction to promote economic efficiency or con- placed on the use of efficient tech- servation. For example, limited access may be used to combat overfishing, niques of harvesting, processing, or overcrowding, or overcapitalization in marketing. If, during FMP develop- a fishery to achieve OY. In an ment, the Council considered imposing unutilized or underutilized fishery, it a limited-entry system, the FMP may be used to reduce the chance that should analyze the Council’s decision these conditions will adversely affect to recommend or reject limited access the fishery in the future, or to provide as a technique to achieve efficient uti- adequate economic return to pioneers lization of the resources of the fishing in a new fishery. In some cases, limited industry. entry is a useful ingredient of a con- (e) Economic allocation. This standard servation scheme, because it facilitates prohibits only those measures that dis- application and enforcement of other tribute fishery resources among fisher- management measures. men on the basis of economic factors
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alone, and that have economic alloca- creases in recreational fishing, or the tion as their only purpose. Where con- movement of people into or out of fish- servation and management measures ing activities due to such factors as age are recommended that would change or educational opportunities. the economic structure of the industry (2) Every effort should be made to de- or the economic conditions under velop FMPs that discuss and take into which the industry operates, the need account these vicissitudes. To the ex- for such measures must be justified in tent practicable, FMPs should provide light of the biological, ecological, and a suitable buffer in favor of conserva- social objectives of the FMP, as well as tion. Allowances for uncertainties the economic objectives. should be factored into the various ele- ments of an FMP. Examples are: § 600.335 National Standard 6—Vari- (i) Reduce OY. Lack of scientific ations and Contingencies. knowledge about the condition of a (a) Standard 6. Conservation and stock(s) could be reason to reduce OY. management measures shall take into (ii) Establish a reserve. Creation of a account and allow for variations reserve may compensate for uncertain- among, and contingencies in, fisheries, ties in estimating domestic harvest, fishery resources, and catches. stock conditions, or environmental fac- (b) Conservation and management. tors. Each fishery exhibits unique uncertain- (iii) Adjust management techniques. In ties. The phrase ‘‘conservation and the absence of adequate data to predict management’’ implies the wise use of the effect of a new regime, and to avoid fishery resources through a manage- creating unwanted variations, a Coun- ment regime that includes some pro- cil could guard against producing dras- tection against these uncertainties. tic changes in fishing patterns, alloca- The particular regime chosen must be tions, or practices. flexible enough to allow timely re- (iv) Highlight habitat conditions. FMPs sponse to resource, industry, and other may address the impact of pollution national and regional needs. Continual and the effects of wetland and estua- data acquisition and analysis will help rine degradation on the stocks of fish; the development of management meas- identify causes of pollution and habitat ures to compensate for variations and degradation and the authorities having to reduce the need for substantial buff- jurisdiction to regulate or influence ers. Flexibility in the management re- such activities; propose recommenda- gime and the regulatory process will tions that the Secretary will convey to aid in responding to contingencies. those authorities to alleviate such (c) Variations. (1) In fishery manage- problems; and state the views of the ment terms, variations arise from bio- Council on unresolved or anticipated logical, social, and economic occur- issues. rences, as well as from fishing prac- (d) Contingencies. Unpredictable tices. Biological uncertainties and lack events—such as unexpected resource of knowledge can hamper attempts to surges or failures, fishing effort greater estimate stock size and strength, stock than anticipated, disruptive gear con- location in time and space, environ- flicts, climatic conditions, or environ- mental/habitat changes, and ecological mental catastrophes—are best handled interactions. Economic uncertainty by establishing a flexible management may involve changes in foreign or do- regime that contains a range of man- mestic market conditions, changes in agement options through which it is operating costs, drifts toward overcapi- possible to act quickly without amend- talization, and economic perturbations ing the FMP or even its regulations. caused by changed fishing patterns. (1) The FMP should describe the Changes in fishing practices, such as management options and their con- the introduction of new gear, rapid in- sequences in the necessary detail to creases or decreases in harvest effort, guide the Secretary in responding to new fishing strategies, and the effects changed circumstances, so that the of new management techniques, may Council preserves its role as policy-set- also create uncertainties. Social ter for the fishery. The description changes could involve increases or de- should enable the public to understand
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what may happen under the flexible re- aged by states, by state/Federal pro- gime, and to comment on the options. grams, by Federal regulations pursuant (2) FMPs should include criteria for to FMPs or international commissions, the selection of management measures, or by industry self-regulation, consist- directions for their application, and ent with the policies and standards of mechanisms for timely adjustment of the Magnuson Act. management measures comprising the (iv) The need to resolve competing regime. For example, an FMP could in- interests and conflicts among user clude criteria that allow the Secretary groups and whether an FMP can fur- to open and close seasons, close fishing ther that resolution. grounds, or make other adjustments in (v) The economic condition of a fish- management measures. ery and whether an FMP can produce (3) Amendment of a flexible FMP more efficient utilization. would be necessary when cir- (vi) The needs of a developing fish- cumstances in the fishery change sub- ery, and whether an FMP can foster or- stantially, or when a Council adopts a derly growth. different management philosophy and (vii) The costs associated with an objectives. FMP, balanced against the benefits § 600.340 National Standard 7—Costs (see paragraph (d) of this section as a and Benefits. guide). (a) Standard 7. Conservation and (c) Alternative management measures. management measures shall, where Management measures should not im- practicable, minimize costs and avoid pose unnecessary burdens on the econ- unnecessary duplication. omy, on individuals, on private or pub- (b) Necessity of Federal management— lic organizations, or on Federal, state, (1) General. The principle that not or local governments. Factors such as every fishery needs regulation is im- fuel costs, enforcement costs, or the plicit in this standard. The Magnuson burdens of collecting data may well Act does not require Councils to pre- suggest a preferred alternative. pare FMPs for each and every fishery— (d) Analysis. The supporting analyses only for those where regulation would for FMPs should demonstrate that the serve some useful purpose and where benefits of fishery regulation are real the present or future benefits of regula- and substantial relative to the added tion would justify the costs. For exam- research, administrative, and enforce- ple, the need to collect data about a ment costs, as well as costs to the in- fishery is not, by itself, adequate jus- dustry of compliance. In determining tification for preparation of an FMP, the benefits and costs of management since there are less costly ways to measures, each management strategy gather the data (see § 600.320(d)(2). In considered and its impacts on different some cases, the FMP preparation proc- user groups in the fishery should be ess itself, even if it does not culminate evaluated. This requirement need not in a document approved by the Sec- produce an elaborate, formalistic cost/ retary, can be useful in supplying a benefit analysis. Rather, an evaluation basis for management by one or more of effects and costs, especially of dif- coastal states. ferences among workable alternatives, (2) Criteria. In deciding whether a including the status quo, is adequate. fishery needs management through If quantitative estimates are not pos- regulations implementing an FMP, the sible, qualitative estimates will suffice. following general factors should be (1) Burdens. Management measures considered, among others: should be designed to give fishermen (i) The importance of the fishery to the greatest possible freedom of action the Nation and to the regional econ- in conducting business and pursuing omy. recreational opportunities that are (ii) The condition of the stock or consistent with ensuring wise use of stocks of fish and whether an FMP can the resources and reducing conflict in improve or maintain that condition. the fishery. The type and level of bur- (iii) The extent to which the fishery den placed on user groups by the regu- could be or is already adequately man- lations need to be identified. Such an
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examination should include, for exam- so is consistent with the needs of ple: Capital outlays; operating and NMFS and good scientific practice. maintenance costs; reporting costs; ad- (3) Appropriate safeguards as speci- ministrative, enforcement, and infor- fied by NOAA Directives, or other mation costs; and prices to consumers. NOAA or NMFS internal procedures, Management measures may shift costs apply to the collection and mainte- from one level of government to an- nance of all statistics, whether sepa- other, from one part of the private sec- rated from identifying particulars or tor to another, or from the government not, so as to ensure their confidential- to the private sector. Redistribution of ity. costs through regulations is likely to (b) Collection agreements with states. generate controversy. A discussion of these and any other burdens placed on (1) The Assistant Administrator may the public through FMP regulations enter into an agreement with a state should be a part of the FMP’s support- authorizing the state to collect statis- ing analyses. tics on behalf of the Secretary. (2) Gains. The relative distribution of (2) NMFS will not enter into a coop- gains may change as a result of insti- erative collection agreement with a tuting different sets of alternatives, as state unless the state has authority to may the specific type of gain. The anal- protect the statistics from disclosure ysis of benefits should focus on the spe- in a manner at least as protective as cific gains produced by each alter- these regulations. native set of management measures, including the status quo. The benefits § 600.415 Access to statistics. to society that result from the alter- (a) General. In determining whether native management measures should to grant a request for access to con- be identified, and the level of gain as- fidential data, the following informa- sessed. tion will be taken into consideration (also see § 600.130): Subpart E—Confidentiality of (1) The specific types of data re- Statistics quired. (2) The relevance of the data to con- § 600.405 Types of statistics covered. servation and management issues. NOAA is authorized under the Mag- (3) The duration of time access will nuson Act and other statutes to collect be required: continuous, infrequent, or proprietary or confidential commercial one-time. or financial information. This part ap- (4) An explanation of why the avail- plies to all pertinent data required to ability of aggregate or non-confidential be submitted to the Secretary with re- summaries of data from other sources spect to any FMP including, but not would not satisfy the requested needs. limited to, information regarding the (b) Federal employees. Statistics sub- type and quantity of fishing gear used, mitted as a requirement of an FMP and catch by species in numbers of fish or weight thereof, areas in which fishing that reveal the identity of the submit- occurred, time of fishing, number of ter will only be accessible to the fol- hauls, and the estimated processing ca- lowing: pacity of, and the actual processing ca- (1) Personnel within NMFS respon- pacity utilized by, U.S. fish processors. sible for the collection, processing, and storage of the statistics. § 600.410 Collection and maintenance (2) Federal employees who are re- of statistics. sponsible for FMP development, mon- (a) General. (1) All statistics required itoring, and enforcement. to be submitted to the Secretary are (3) Personnel within NMFS perform- provided to the Assistant Adminis- ing research that requires confidential trator. statistics. (2) After receipt, the Assistant Ad- (4) Other NOAA personnel on a de- ministrator will remove all identifying monstrable need-to-know basis. particulars from the statistics if doing
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(5) NOAA/NMFS contractors or 1905, 16 U.S.C. 1857, and NOAA/NMFS grantees who require access to con- internal procedures, including NAO fidential statistics to perform func- 216–100. tions authorized by a Federal contract or grant. § 600.420 Control system. (c) State personnel. Upon written re- (a) The Assistant Administrator quest, confidential statistics will only maintains a control system to protect be accessible if: the identity of submitters of statistics (1) State employees demonstrate a required by an FMP. The control sys- need for confidential statistics for use tem: in fishery conservation and manage- (1) Identifies those persons who have ment. access to the statistics. (2) The state has entered into a writ- (2) Contains procedures to limit ac- ten agreement between the Assistant cess to confidential data to authorized Administrator and the head of the users. state’s agency that manages marine (3) Provides for safeguarding the and/or anadromous fisheries. The data. agreement shall contain a finding by (b) This system requires that all per- the Assistant Administrator that the sons who have authorized access to the state has confidentiality protection au- data be informed of the confidentiality thority comparable to the Magnuson of the data. These persons are required Act and that the state will exercise to sign a statement that they: this authority to limit subsequent ac- (1) Have been informed that the data cess and use of the data to fishery man- are confidential. agement and monitoring purposes. (2) Have reviewed and are familiar (d) Councils. Upon written request by with the procedures to protect con- the Council Executive Director, access fidential statistics. to confidential data will be granted to: (1) Council employees who are re- § 600.425 Release of statistics. sponsible for FMP development and (a) The Assistant Administrator will monitoring. not release to the public any statistics (2) A Council for use by the Council required to be submitted under an FMP for conservation and management pur- in a form that would identify the sub- poses, with the approval of the Assist- mitter, except as required by law. ant Administrator. In addition to the (b) All requests from the public for information described in paragraph (a) statistics submitted in response to a of this section, the Assistant Adminis- requirement of an FMP will be proc- trator will consider the following in de- essed consistent with the NOAA FOIA ciding whether to grant access: regulations (15 CFR part 903), NAO 205– (i) The possibility that Council mem- 14, Department of Commerce Adminis- bers might gain personal or competi- trative Orders 205–12 and 205–14 and 15 tive advantage from access to the data. CFR part 4. (ii) The possibility that the suppliers of the data would be placed at a com- (c) NOAA does not release or allow petitive disadvantage by public disclo- access to confidential information in sure of the data at Council meetings or its possession to members of Council hearings. advisory groups, except as provided by (3) A contractor of the Council for law. use in such analysis or studies nec- essary for conservation and manage- Subpart F—Foreign Fishing ment purposes, with approval of the Assistant Administrator and execution § 600.501 Vessel permits. of an agreement with NMFS as de- (a) General. (1) Each FFV fishing scribed by NOAA Administrative Order under the Magnuson Act must have on (NAO) 216–100. board a permit issued under this sec- (e) Prohibitions. Persons having ac- tion, unless it is engaged only in rec- cess to these data are prohibited from reational fishing. unauthorized use or disclosure and are (2) Permits issued under this section subject to the provisions of 18 U.S.C. do not authorize FFV’s or persons to
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harass, capture, or kill marine mam- (5) Activity Code 5. Transshipping, mals. No marine mammals may be scouting, and supporting foreign ves- taken in the course of fishing unless sels. Transshipment limited to fish re- that vessel has on board a currently ceived or to be received from foreign valid Authorization Certificate under vessels processing fish from U.S. har- the MMPA. Regulations governing the vesting vessels. taking of marine mammals incidental (6) Activity Code 6. Transshipping, to commercial fishing operations are scouting, and supporting U.S. vessels. contained in 50 CFR part 229 of this Transshipment limited to U.S.-har- title. vested fish processed on board U.S. ves- (b) Responsibility of owners and opera- sels. tors. The owners and operators of each (7) Activity Code 7. Processing, trans- FFV are jointly and severally respon- shipping, and supporting foreign ves- sible for compliance with the Magnu- sels. Activity limited to fish harvested son Act, the applicable GIFA, this sub- part, and any permit issued under the or to be harvested by foreign vessels Magnuson Act and this subpart. The seaward of the EEZ. owners and operators of each FFV bear (8) Activity Code 8. Transshipping and civil responsibility for the acts of their supporting foreign vessels. Activity is employees and agents constituting vio- limited to fish harvested or to be har- lations, regardless of whether the spe- vested seaward of the EEZ by foreign cific acts were authorized or even for- vessels or fish duly authorized for proc- bidden by the employer or principal, essing in the internal waters of one of and regardless of knowledge concerning the states. the occurrence. (9) Activity Code 9. Supporting U.S. (c) Activity codes. Permits to fish fishing vessels and U.S. fish processing under a GIFA may be issued by the As- vessels and any foreign fishing vessels sistant Administrator for the activities authorized under any activity code described in this paragraph, but the under paragraph (c) of this subpart. permits may be modified by regula- (d) Application. (1) Applications for tions of this subpart, and by the condi- FFV permits must be submitted by tions and restrictions attached to the each foreign nation to the DOS. Appli- permit (see paragraphs (e)(1)(v) and (l) cation forms are available from OES/ of this section). The Assistant Admin- OMC, DOS, Washington, DC. The appli- istrator may issue a permit, as appro- cant should allow 90 days for review priate, for one or more of the activity and comment by the public, involved codes listed below. The activity codes governmental agencies, and appro- are described as follows: priate Councils, and for processing be- (1) Activity Code 1. Catching, scout- fore the anticipated date to begin fish- ing, processing, transshipping, and sup- ing. The permit application fee must be porting foreign vessels. Activity is lim- paid at the time of application accord- ited to fish harvested or to be har- ing to § 600.518. vested by foreign vessels in the EEZ. (2) Applicants must provide complete (2) Activity Code 2. Processing, scout- and accurate information requested on ing, transshipping, and supporting for- eign vessels. Activity is limited to fish the permit application form. harvested or to be harvested by foreign (3) Applicants for FFV’s that will vessels in the EEZ. support U.S. vessels in joint ventures (3) Activity Code 3. Transshipping, (Activity Code 4) must provide the ad- scouting, and supporting foreign ves- ditional information specified by the sels. Activity is limited to fish har- permit application form. vested or to be harvested by foreign (4) Each foreign nation may sub- vessels in the EEZ. stitute one FFV for another by submit- (4) Activity Code 4. Processing, scout- ting a new vessel information form and ing, transshipping, and supporting U.S. a short explanation of the reason for vessels delivering fish to foreign ves- the substitution to the DOS. Each sub- sels. Activity is limited to the receipt stitution is considered a new applica- of unprocessed fish harvested or to be tion and a new application fee must be harvested by U.S. vessels. paid. NMFS will promptly process an
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application for a vessel replacing a per- (iv) All conditions and restrictions, mitted FFV that is disabled or decom- and any additional restrictions and missioned, once the DOS has notified technical modifications appended to the appropriate Council(s) of the sub- the permit. stituted application. (4) Permits are not issued for boats (e) Issuance. (1) Permits may be is- that are launched from larger vessels. sued to an FFV by the Assistant Ad- Any enforcement action that results ministrator through the DOS after— from the activities of a launched boat (i) The Assistant Administrator de- will be taken against the permitted termines that the fishing described in vessel. the application will meet the require- (f) Duration. A permit is valid from ments of the Magnuson Act and ap- its date of issuance to its date of expi- proves the permit application. ration, unless it is revoked or sus- (ii) The foreign nation has paid the pended or the nation issuing the FFV’s fees, including any surcharge fees and documents does not accept amend- provided any assurances required by ments to the permit made by the As- the Secretary in accordance with the sistant Administrator in accordance provisions of § 600.518. with the procedures of paragraph (l) of (iii) The foreign nation has appointed this section. The permit will be valid an agent. for no longer than the calendar year in (iv) The foreign nation has identified which it was issued. a designated representative. (g) Transfer. Permits are not transfer- (v) The general ‘‘conditions and re- able or assignable. A permit is valid strictions’’ of receiving permits, as re- only for the FFV to which it is issued. quired by section 204(b)(7) of the Mag- nuson Act, and any ‘‘additional restric- (h) Display. Each FFV operator must tions’’ attached to the permit for the have a properly completed permit form conservation and management of fish- available on board the FFV when en- ery resources or to prevent significant gaged in fishing activities and must impairment of the national defense or produce it at the request of an author- security interests, have been accepted ized officer or observer. by the nation issuing the FFV’s docu- (i) Suspension and revocation. NMFS ments. may apply sanctions to an FFV’s per- (2) NMFS will distribute blank per- mit by revoking, suspending, or impos- mit forms to the designated represent- ing additional permit restrictions on ative while the application is being the permit under 15 CFR part 904, if the processed. The designated representa- vessel is involved in the commission of tive must ensure that each FFV re- any violation of the Magnuson Act, the ceives a permit form and must accu- GIFA, or this subpart; if an agent and rately transmit the permit form and a designated representative are not the contents of the permit to the FFV maintained in the United States; if a when it is issued. NMFS may authorize civil penalty or criminal fine imposed the modification and use of the pre- under the Magnuson Act has become vious year’s permit forms to be used on overdue; or as otherwise specified in an interim basis in place of the current the Magnuson Act. year’s permit forms if the current (j) Fees. Permit application fees are forms were not made available to the described in § 600.518. designated representatives for timely (k) Change in application information. distribution. The FFV owner or opera- (1) The foreign nation must report, in tor must accurately complete the per- writing, any change in the information mit form prior to fishing in the EEZ. supplied under paragraph (d) of this (3) A completed permit form must section to the Assistant Administrator contain— within 15 calendar days after the date (i) The name and IRCS of the FFV of the change. Failure to report a and its permit number. change in the ownership from that de- (ii) The permitted fisheries and activ- scribed in the current application with- ity codes. in the specified time frame voids the (iii) The date of issuance and expira- permit, and all penalties involved will tion date, if other than December 31. accrue to the previous owner.
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(2) The Assistant Administrator may (4) The Nation whose vessels are in- make technical modifications or volved, the owners of the affected ves- changes in the permit application re- sels, their representatives, the agencies quested or reported by a Nation, such specified in paragraph (l)(3) of this sec- as a change in radio call sign, process- tion, and the public may submit writ- ing equipment, or tonnage, which will ten comments on the proposed addi- be effective immediately. tional restrictions within 30 days after (3) If, in the opinion of the Assistant publication in the FEDERAL REGISTER. Administrator, a permit change re- (5) The Assistant Administrator will quested by a Nation could significantly make a final decision regarding the affect the status of any fishery re- proposed additional restrictions as source, such request will be processed soon as practicable after the end of the as an application for a new permit comment period. The Assistant Admin- under this section. istrator will provide the final addi- (4) The Assistant Administrator will tional restrictions to the Nation whose notify the designated representative of vessels are affected (via the Secretary any revision that must be made on the of State) according to the procedures of permit form as the result of a permit paragraph (e) of this section. The As- change. sistant Administrator will include with (5) The vessel owner or operator must the final additional restrictions to the record the modification on the permit Nation, a response to comments sub- form. mitted. (l) Permit amendments. (1) The Assist- (6) Additional restrictions may be ant Administrator may amend a per- modified by following the procedures of mit by adding ‘‘additional restrictions’’ paragraphs (l)(2) through (l)(5) of this for the conservation and management section. of fishery resources covered by the per- mit, or for the national defense or se- § 600.502 Vessel reports. curity if the Assistant Administrator determines that such interests would (a) The operator of each FFV must be significantly impaired without such report the FFV’s activities within the restrictions. Compliance with the EEZ to the USCG and NMFS as speci- added additional restrictions is a con- fied in this section. dition of the permit. Violations of (b) All reports required by this sec- added additional restrictions will be tion must be in English and in the for- treated as violations of this subpart. mats specified in the permit additions (2) The Assistant Administrator may and restrictions. Reports must be de- make proposed additional restrictions livered via private or commercial com- effective immediately, if necessary, to munications facilities, facsimile, or prevent substantial harm to a fishery other electronic means acceptable to resource of the United States, to allow NMFS and the USCG, directly to the for the continuation of ongoing fishing appropriate NMFS Region or Center operations, or to allow for fishing to and USCG commander. Weekly reports begin at the normal time for opening of must also be delivered directly to the the fishery. appropriate NMFS Region or Center (3) The Assistant Administrator will (see tables 1 and 2 of this section). (The send proposed additional restrictions required reports may be delivered to to each Nation whose vessels are af- the closest USCG communication sta- fected (via the Secretary of State), to tion as indicated in table 3 of this sec- the appropriate Councils, and to the tion or other USCG communication Commandant of the Coast Guard. station only if adequate private or NMFS will, at the same time, publish a commercial communications facilities document of any significant proposed have not been successfully contacted.) additional restrictions in the FEDERAL Radio reports must be made via radio- REGISTER. The document will include a telegraphy, Telex, or facsimile where summary of the reasons underlying the available. For the purposes of this sec- proposal, and the reasons that any pro- tion, a message is considered ‘‘trans- posed additional restrictions are made mitted’’ when its receipt is acknowl- effective immediately. edged by a communications facility
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and considered ‘‘delivered’’ upon its re- area the FFV will ‘‘RETURN’’ to the ceipt by the offices of the appropriate EEZ following a temporary departure, USCG commander, NMFS Regional Of- and the species (by species code), prod- fice, or NMFS Center identified in uct (by product code), and quantity of table 2 of this section. Reports required all fish and fish products (by product by this section may be submitted by weight to the nearest hundredth of a the vessel’s designated representative; metric ton) on board that were re- however, the operator of the FFV is re- ceived in a joint venture in internal sponsible for the correct and timely fil- waters (action code ‘‘RETURN’’). The ing of all required reports. message must be transmitted before re- (c) Activity reports. The operator of turning to the EEZ and delivered with- each FFV must report the FFV’s move- in 24 hours of its transmittal. ments and activities before or upon the (4) ‘‘SHIFT’’. Each operator must re- event, as specified in this paragraph port each SHIFT in fishing area (as de- (c). Appropriate forms, instructions, scribed for each fishery) by specifying codes, and examples are contained in the date, time, and position the FFV the conditions and restrictions of the will start fishing, and the new area (ac- FFV’s permit. Each FFV report must tion code ‘‘SHIFT’’). The message must contain the following information: The be transmitted before leaving the origi- message identifier ‘‘VESREP’’ to indi- nal area and delivered within 24 hours cate it is a vessel activity report, FFV of its transmittal. If a foreign vessel name, international radio call sign operates within 20 nautical miles (37.04 IRCS, date (month and day based on km) of a fishing area boundary, its op- GMT), time (hour and minute GMT), erator may submit in one message the position (latitude and longitude to the shift reports for all fishing area shifts nearest degree and minute) where re- occurring during 1 fishing day (0001– quired, area (by fishing area code) 2400 GMT). This message must be where required, the appropriate action transmitted prior to the last shift ex- code, confirmation codes where re- pected to be made in the day and deliv- quired, and the other information spec- ered within 24 hours of its transmittal. ified in paragraphs (c)(1) through (c)(11) (5) ‘‘JV OPS’’. Each operator must of this section. specify the date, time, position, and (1) ‘‘BEGIN’’. Each operator must area at which the FFV will ‘‘START’’ specify the date, time, position, and joint venture operations (action code area the FFV will actually ‘‘BEGIN’’ ‘‘START JV OPS’’) or ‘‘END’’ joint fishing in the EEZ and the species (by venture operations (action code ‘‘END species code), product (by product JV OPS’’). These reports must be made code), and quantity of all fish and fish in addition to other activity reports products (by product weight to the made under this section. Each message nearest hundredth of a metric ton) on must be transmitted before the event board when entering the EEZ (action and delivered within 24 hours of its code ‘‘BEGIN’’). The message must be transmittal. delivered at least 24 hours before the (6) ‘‘TRANSFER’’. The operator of vessel begins to fish. each FFV that anticipates a trans- (2) ‘‘DEPART’’. Each operator must shipping operation in which the FFV specify the date, time, position, and will receive fish or fisheries products area the FFV will ‘‘DEPART’’ the EEZ must specify the date, time, position to embark or debark an observer, to and area the FFV will conduct the visit a U.S. port, to conduct a joint ‘‘TRANSFER’’ and the name and IRCS venture in internal waters, or to other- of the other FFV or U.S. vessel in- wise temporarily leave an authorized volved (action code ‘‘TRANSFER’’). fishing area, but not depart the sea- The report must include the permit ac- ward limit of the EEZ (action code tivity code under which the transfer ‘‘DEPART’’). The message must be will be made. The message must be transmitted before the FFV departs transmitted prior to the transfer and the present fishing area and delivered delivered within 24 hours of its trans- within 24 hours of its transmittal. mittal. The movement of raw fish from (3) ‘‘RETURN’’. Each operator must a permitted foreign catching vessel or, specify the date, time, position, and under an Activity Code 4, from a U.S.
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fishing vessel to the reporting process- TO’’). Changes to reports specifying an ing vessel and the return of nets or early beginning of fishing by an FFV or codends is not considered a transfer. other changes to reports contained in (7) ‘‘OFFLOADED’’. Each operator paragraphs (c)(1) through (c)(9) of this must specify the date, time, position, section must be transmitted and deliv- and area the FFV ‘‘OFFLOADED’’ fish ered as if the ‘‘CHANGE’’ report were or fisheries products TO another FFV the original message. or a U.S. vessel in a transfer, the other (11) ‘‘CANCEL’’. Each operator want- FFV’s or U.S. vessel’s name, IRCS, ing to ‘‘CANCEL’’ a previous report Permit Activity Code under which the may do so by sending a revised mes- transfer was made, species (by species sage, and inserting the word ‘‘CAN- code) and quantity of fish and fisheries CEL’’ in front of the previous report’s products (by product code and by prod- vessel name, IRCS, date, time and ac- uct weight, to the nearest hundredth of tion code canceled (action code ‘‘CAN- a metric ton) offloaded (action code CEL’’). The message must be transmit- ‘‘OFFLOADED TO’’). The message ted and delivered prior to the date and must be transmitted within 12 hours time of the event in the original mes- after the transfer is completed and de- sage. livered within 24 hours of its transmit- (d) The operator of an FFV will be in tal and before the FFV ceases fishing violation of paragraphs (c)(1) through in the EEZ. (c)(9) of this section if the FFV does (8) . Each operator must ‘‘RECEIVED’’ not pass within 5 nautical miles (9.26 specify the date, time, position and km) of the position given in the report area the vessel ‘‘RECEIVED’’ fish or within 4 hours of the time given in the fisheries products FROM another FFV report. in a transfer, the other FFV’s or U.S. vessel’s name, IRCS, Permit Activity (e) The notices required by this sec- Code under which the receipt was tion may be provided for individual or made, species (by species code) and groups of FFV’s (on a vessel-by-vessel quantity of fish and fisheries products basis) by authorized persons. An FFV (by product code and by product operator may retransmit reports on weight, to the nearest hundredth of a the behalf of another FFV, if author- metric ton) received (action code ‘‘RE- ized by that FFV’s operator. This does CEIVED FROM’’). The message must not relieve the individual vessel opera- be transmitted within 12 hours after tor of the responsibility of filing re- the transfer is completed and delivered quired reports. In these cases, the mes- within 24 hours of its transmittal and sage format should be modified so that before the vessel ceases fishing in the each line of text under ‘‘VESREP’’ is a EEZ. separate vessel report. (9) ‘‘CEASE’’. Each operator must (f) Weekly reports. (1) The operator of specify the date, time, position, and each FFV in the EEZ must submit ap- area the FFV will ‘‘CEASE’’ fishing in propriate weekly reports through the order to leave the EEZ (action code Nation’s designated representative. ‘‘CEASE’’). The message must be deliv- The report must arrive at the address ered at least 24 hours before the FFV’s and time specified in paragraph (g) of departure. this section. The reports may be sent (10) ‘‘CHANGE’’. Each operator must by facsimile or Telex, but a completed report any ‘‘CHANGE’’ TO the FFV’s copy of the report form must be mailed operations if the position or time of an or hand delivered to confirm the Telex. event specified in an activity report Appropriate forms, instructions, codes, will vary more than 5 nautical miles and examples are contained in the con- (9.26 km) or 4 hours from that pre- ditions and restrictions of the FFV’s viously reported, by sending a revised permit. Designated representatives message inserting the word ‘‘CHANGE’’ may include more than one vessel re- in front of the previous report, repeat- port in a facsimile or Telex message, if ing the name, IRCS, date, and time of the information is submitted on a ves- the previous report, adding the word sel-by-vessel basis. Requests for correc- ‘‘TO’’ and the complete revised text of tions to previous reports must be sub- the new report (action code ‘‘CHANGE mitted through the Nation’s designated
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representative and mailed or hand-de- No report is required for FFV’s that do livered, together with a written expla- not receive any U.S.-harvested fish nation of the reasons for the errors. during the reporting period. The appropriate Regional or Science (4) Marine mammal report (MAMREP). and Research Director may accept or The operator of each FFV must submit reject any correction and initiate any a weekly report stating any incidental appropriate civil penalty actions. catch or receipt of marine mammals (2) Weekly catch report (CATREP). The (Activity Codes 1 or 2 and/or 4), the operator of each FFV must submit a geographical position caught, the con- weekly catch report stating any catch dition of the animal, number caught (if (Activity Code 1) in round weight of more than one of the same species and each species or species group allocated condition), and nationality of the to that Nation by area and days fished catching vessel for the period Sunday in each area for the weekly period Sun- through Saturday, GMT, as modified day through Saturday, GMT, as modi- by the fishery in which the vessel is en- fied by the fishery in which the FFV is gaged. Foreign catching vessels deliv- engaged. Foreign vessels delivering ering unsorted, unprocessed fish to unsorted, unprocessed fish to a process- processing vessel are not required to ing vessel are not required to submit submit MAMREP’s, provided that the CATREP’s, if that processing vessel processing or factory vessel (Activity (Activity Code 2) submits consolidated Code 2) submits consolidated CATREP’s for all fish received during MAMREP’s for all fish received during each weekly period. No report is re- each weekly period. FFV’s receiving quired for FFV’s that do not catch or U.S.-harvested fish in a joint venture receive foreign-caught fish during the (Activity Code 4) must submit consoli- reporting period. dated reports for U.S. vessels operating (3) Weekly receipts report (RECREP). in the joint venture. No report is re- The operator of each FFV must submit quired for FFV’s that do not catch or a weekly report stating any receipts of receive marine mammals during the re- U.S.-harvested fish in a joint venture porting period. (Activity Code 4) for the weekly period (g) Submission instructions for weekly Sunday through Saturday, GMT, as reports. The designated representative modified by the fishery in which the for each FFV must submit weekly re- FFV is engaged, for each fishing area, ports in the prescribed format to the by authorized or prohibited species or appropriate Regional or Science and species group; days fish received; round Research Director of NMFS by 1900 weight retained or returned to the U.S. GMT on the Wednesday following the fishing vessel; number of codends re- end of the reporting period. However, ceived; and number of vessels transfer- by agreement with the appropriate Di- ring codends. The report must also in- rector, the designated representative clude the names of U.S. fishing vessels may submit weekly reports to some transferring codends during the week. other facility of NMFS.
TABLE 1 TO § 600.502.ÐADDRESSES
NMFS science and research U.S. Coast Guard NMFS regional directors directors commanders
Director, Northeast Region, National Ma- Director, Northeast Fisheries Science Commander, Atlantic Area, U.S. Coast rine Fisheries Service, NOAA, One Center, National Marine Fisheries Guard, 431 Crawford Street, Ports- Blackburn drive, Gloucester, MA Service, NOAA, 166 Water Street, mouth, VA 23704. 01930±2298. Woods Hole, MA 02543±1097. Director, Southeast Region, National Ma- Director, Southeast Fisheries Science Commander, Atlantic Area, U.S. Coast rine Fisheries Service, NOAA, 9721 Center, National Marine Fisheries Guard, Governor's Island, New York, Exec. Center Drive N., St. Petersburg, Service, NOAA, 75 Virginia Beach NY 10004. FL 33702. Drive, Miami, FL 33149±1003. Director, Northwest Region, National Ma- Director, Northwest Fisheries Science Commander, Pacific Area, U.S. Coast rine Fisheries Service, NOAA, 7600 Center, National Marine Fisheries Guard, Government Island, Alameda, Sand Point Way, NE, BIN C15700, Service, NOAA, 2725 Montlake Boule- CA 94501. Bldg. 1, Seattle, WA 98115. vard East, Seattle, WA 98112±2097.
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TABLE 1 TO § 600.502.ÐADDRESSESÐContinued
NMFS science and research U.S. Coast Guard NMFS regional directors directors commanders
Director, Alaska Region, National Marine Director, Alaska Fisheries Science Cen- Commander, Seventeenth Coast Guard Fisheries Service, NOAA, P.O. Box ter, National Marine Fisheries Service, District, P.O. Box 25517, Juneau, AK 21668, Juneau, AK 99802±1668. NOAA, 7600 Sand Point Way, NE, 99802. BIN C15700, Bldg. 4, Seattle, WA 98115±0070. Director, Southwest Region National Ma- Director, Southwest Fisheries Science Commander, Fourteenth Coast Guard rine Fisheries Service, NOAA, 501 West Center, National Marine Fisheries District, 300 Ala Moana Blvd., Hono- Ocean Blvd, Suite 4200, Long Beach, Service, NOAA, P.O. Box 271, La lulu, HI 96850. CA 90802±4213. Jolla, CA 92038±0271.
TABLE 2 TO § 600.502.ÐAREAS OF RESPONSIBILITY OF NMFS AND U.S. COAST GUARD OFFICES
National Marine Fisheries Area of responsibility/fishery Service U.S. Coast Guard
Atlantic Ocean North of Cape Hatteras .... Director, Northeast Center, Attn: Ob- Commander, Atlantic Area. server Program. Atlantic Ocean South of Cape Hatteras .... Director, Northeast Center, Attn: Ob- Commander, Atlantic Area. server Program. Atlantic Tunas, Swordfish, Billfish and Director, Office of Fisheries Conserva- Commander, Atlantic Area. Sharks. tion and Management. Gulf of Mexico and Caribbean Sea ...... Director, Southeast Region ...... Commander, Atlantic Area. Pacific Ocean off the States of California, Director, Northwest Region ...... Commander, Pacific Area. Oregon, and Washington. North Pacific Ocean and Bering Sea off Director, Alaska Region ...... Commander, Seventeenth Coast Guard Alaska. District. Pacific Ocean off Hawaii and Other U.S. Director, Southwest Region ...... Commander, Fourteenth Coast Guard Insular Possessions in the Central and District. Western Pacific.
TABLE 3 TO § 600.502.ÐU.S. COAST GUARD COMMUNICATIONS STATIONS AND FREQUENCIES
Radiotelephone U.S. Coast Guard communications station IRCS Channel 1 GMT time
Boston ...... NMF A±E 2330±1100. B,C All. D 1100±2330. E (On request). CAMSLANT Chesapeake (Portsmouth, VA) ...... NMN A 2330±1100. B,C All. D 1100±2330. E (On request). New Orleans ...... NMG A 2330±1100. B,C All. D 1100±2330. E (On request). CAMSPAC Point Reyes (San Francisco, CA) ...... NMC A±D All. E (On request). Honolulu ...... NMO A±D All. E (On request). Kodiak ...... NOJ A±D All. E (On request). 1 Carrier frequencies of duplex, high-frequency single-sideband channels are:
Letter Shore transmit Ship transmit
A ...... 4426.0 4134.0 B ...... 6501.0 6200.0 C ...... 8764.0 8240.0 D ...... 13089.0 12242.0 E ...... 17314.0 16432.0
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§ 600.503 Vessel and gear identifica- of traps or pots, and gillnets are tion. marked at the surface at each terminal (a) Vessel identification. (1) The opera- end with: (see paragraphs (c)(1)(i) tor of each FFV assigned an IRCS must through (c)(1)(iii) of this section). display that call sign amidships on (3) Additional requirements may be both the port and starboard sides of the specified for the fishery in which the deckhouse or hull, so that it is visible vessel is engaged. from an enforcement vessel, and on an (4) Unmarked or incorrectly identi- appropriate weather deck so it is visi- fied fishing gear may be considered ble from the air. abandoned and may be disposed of in (2) The operator of each FFV not as- accordance with applicable Federal signed an IRCS, such as a small trawler regulations by any authorized officer. associated with a mothership or one of (d) Maintenance. The operator of each a pair of trawlers, must display the FFV must— IRCS of the associated vessel, followed (1) Keep the vessel and gear identi- by a numerical suffix. (For example, fication clearly legible and in good re- JCZM–1, JCZM–2, etc., would be dis- pair. played on small trawlers not assigned (2) Ensure that nothing on the FFV an IRCS operating with a mothership obstructs the view of the markings whose IRCS is JCZM; JANP–1 would be from an enforcement vessel or aircraft. displayed by a pair trawler not as- (3) Ensure that the proper naviga- signed an IRCS operating with a trawl- tional lights and shapes are displayed er whose IRCS is JANP.) for the FFV’s activity and are properly (3) The vessel identification must be functioning. in a color in contrast to the back- ground and must be permanently af- § 600.504 Facilitation of enforcement. fixed to the FFV in block Roman al- phabet letters and Arabic numerals at (a) General. (1) The owner, operator, least 1 m in height for FFV’s over 20 m or any person aboard any FFV subject in length, and at least 0.5 m in height to this subpart must immediately com- for all other FFV’s. ply with instructions and signals is- (b) Navigational lights and shapes. sued by an authorized officer to stop Each FFV must display the lights and the FFV; to move the FFV to a speci- shapes prescribed by the International fied location; and to facilitate safe Regulations for Preventing Collisions boarding and inspection of the vessel, at Sea, 1972 (TIAS 8587, and 1981 amend- its gear, equipment, records, and fish ment TIAS 10672), for the activity in and fish products on board for purposes which the FFV is engaged (as described of enforcing the Magnuson Act and this at 33 CFR part 81). subpart. (c) Gear identification. (1) The opera- (2) The operator of each FFV must tor of each FFV must ensure that all provide vessel position or other infor- deployed fishing gear that is not phys- mation when requested by an author- ically and continuously attached to an ized officer within the time specified in FFV: the request. (i) Is clearly marked at the surface (b) Communications equipment. (1) with a buoy displaying the vessel iden- Each FFV must be equipped with a tification of the FFV (see paragraph (a) VHF–FM radiotelephone station lo- of this section) to which the gear be- cated so that it may be operated from longs. the wheelhouse. Each operator must (ii) Has attached a light visible for 2 maintain a continuous listening watch nautical miles (3.70 km) at night in on channel 16 (156.8 mHz). good visibility. (2) Each FFV must be equipped with (iii) Has a radio buoy. a radiotelephone station capable of Trawl codends passed from one vessel communicating via 2182 kHz (SSB) to another are considered continuously radiotelephony and at least one set of attached gear and are not required to working frequencies identified in table be marked. 3 to § 600.502 appropriate to the fishery (2) The operator of each FFV must in which the FFV is operating. Each ensure that deployed longlines, strings operator must monitor and be ready to
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communicate via 2182 kHz (SSB) radio- radiotelephone (channel 16), 2182 kHz telephone each day from 0800 GMT to (SSB) radiotelephone (where required), 0830 GMT and 2000 to 2030 GMT, and in message block from an aircraft, flash- preparation for boarding. ing light signal, flaghoist, or loudhailer (3) FFV’s that are not equipped with constitutes a violation of this subpart. processing facilities and that deliver (3) The operator of or any person all catches to a foreign processing ves- aboard an FFV who does not under- sel are exempt from the requirements stand a signal from an enforcement of paragraph (b)(2) of this section. unit and who is unable to obtain clari- (4) FFV’s with no IRCS that do not fication by radiotelephone or other catch fish and are used as auxiliary means must consider the signal to be a vessels to handle codends, nets, equip- command to stop the FFV instantly. ment, or passengers for a processing (d) Boarding. The operator of an FFV vessel are exempt from the require- signaled for boarding must— ments of paragraphs (b)(1) and (b)(2) of (1) Monitor 2182 kHz (SSB) radio- this section. telephone and channel 16 (156.8 mHz) (5) The appropriate Regional Direc- VHF–FM radiotelephone. tor, with the agreement of the appro- (2) Stop immediately and lay to or priate USCG commander, may, upon maneuver in such a way as to maintain request by a foreign nation, accept al- the safety of the FFV and facilitate ternatives to the radio requirements of boarding by the authorized officer and this section to certain FFV’s or types the boarding party or an observer. of FFV’s operating in a fishery, pro- vided they are adequate for the com- (3) Provide the authorized officer, munications needs of the fishery. boarding party, or observer a safe pilot (c) Communications procedures. (1) ladder. The operator must ensure the Upon being approached by a USCG ves- pilot ladder is securely attached to the sel or aircraft, or other vessel or air- FFV and meets the construction re- craft with an authorized officer aboard, quirements of Regulation 17, Chapter V the operator of any FFV subject to this of the International Convention for the subpart must be alert for communica- Safety of Life at Sea (SOLAS), 1974 tions conveying enforcement instruc- (TIAS 9700 and 1978 Protocol, TIAS tions. The enforcement unit may com- 10009), or a substantially equivalent na- municate by channel 16 VHF–FM radio- tional standard approved by letter telephone, 2182 kHz (SSB) radio- from the Assistant Administrator, with telephone, message block from an air- agreement with the USCG. Safe pilot craft, flashing light or flag signals ladder standards are summarized from the International Code of Signals, below: hand signal, placard, loudhailer, or (i) The ladder must be of a single other appropriate means. The following length of not more than 9 m (30 ft), ca- signals, extracted from the Inter- pable of reaching the water from the national Code of Signals, are among point of access to the FFV, accounting those that may be used. for all conditions of loading and trim of (i) ‘‘AA, AA, AA, etc.’’, which is the the FFV and for an adverse list of 15°. call for an unknown station. The sig- Whenever the distance from sea level naled vessel should respond by identi- to the point of access to the ship is fying itself or by illuminating the ves- more than 9 m (30 ft), access must be sel identification required by § 600.505. by means of an accommodation ladder (ii) ‘‘RY–CY’’, meaning ‘‘You should or other safe and convenient means. proceed at slow speed, a boat is coming (ii) The steps of the pilot ladder must to you’’. be— (iii) ‘‘SQ3’’, meaning ‘‘You should (A) Of hardwood, or other material of stop or heave to; I am going to board equivalent properties, made in one you’’. piece free of knots, having an efficient (iv) ‘‘L’’, meaning ‘‘You should stop non-slip surface; the four lowest steps your vessel instantly.’’ may be made of rubber of sufficient (2) Failure of an FFV’s operator to strength and stiffness or of other suit- stop the vessel when directed to do so able material of equivalent character- by an authorized officer using VHF–FM istics.
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(B) Not less than 480 mm (19 inches) personal quarters and areas within per- long, 115 mm (4.5 inches) wide, and 25 sonal quarters. mm (1 inch) in depth, excluding any (2) The owner and operator of each non-slip device. FFV must provide to authorized offi- (C) Equally spaced not less than 300 cers all records and documents pertain- millimeters (12 inches) nor more than ing to the fishing activities of the ves- 380 mm (15 inches) apart and secured in sel, including but not limited to, pro- such a manner that they will remain duction records, fishing logs, naviga- horizontal. tion logs, transfer records, product re- (iii) No pilot ladder may have more ceipts, cargo stowage plans or records, than two replacement steps that are draft or displacement calculations, secured in position by a method dif- customs documents or records, and an ferent from that used in the original accurate hold plan reflecting the cur- construction of the ladder. rent structure of the vessel’s storage (iv) The side ropes of the ladder must and factory spaces. consist of two uncovered manila ropes (f) Product storage. The operator of each permitted FFV storing fish or fish not less than 60 mm (2.25 inches) in cir- products in a storage space must en- cumference on each side (or synthetic sure that all non-fish product items are ropes of equivalent size and equivalent neither stowed beneath nor covered by or greater strength). Each rope must be fish products, unless required to main- continuous, with no joints below the tain the stability and safety of the ves- top step. sel. These items include, but are not (v) Battens made of hardwood, or limited to, portable conveyors, exhaust other material of equivalent prop- fans, ladders, nets, fuel bladders, extra erties, in one piece and not less than bin boards, or other movable non-prod- 1.80 m (5 ft 10 inches) long must be pro- uct items. These items may be in the vided at such intervals as will prevent space when necessary for safety of the the pilot ladder from twisting. The vessel or crew or for storage of the lowest batten must be on the fifth step product. Lumber, bin boards, or other from the bottom of the ladder and the dunnage may be used for shoring or interval between any batten and the bracing of product to ensure safety of next must not exceed nine steps. crew and to prevent shifting of cargo (vi) Where passage onto or off the within the space. ship is by means of a bulwark ladder, two handhold stanchions must be fitted § 600.505 Prohibitions. at the point of boarding or leaving the (a) It is unlawful for any person to do FFV not less than 0.70 m (2 ft 3 inches) any of the following: nor more than 0.80 m (2 ft 7 inches) (1) Ship, transport, offer for sale, sell, apart, not less than 40 mm (2.5 inches) purchase, import, export, or have cus- in diameter, and must extend not less tody, control, or possession of any fish than 1.20 m (3 ft 11 inches) above the taken or retained in violation of the top of the bulwark. Magnuson Act, the applicable GIFA, (4) When necessary to facilitate the this subpart, or any permit issued boarding or when requested by an au- under this subpart; thorized officer or observer, provide a (2) Refuse to allow an authorized offi- manrope, safety line, and illumination cer to board an FFV for purposes of for the ladder; and conducting any search or inspection in (5) Take such other actions as nec- connection with the enforcement of the essary to ensure the safety of the au- Magnuson Act, the applicable GIFA, thorized officer and the boarding party this subpart, or any other permit is- and to facilitate the boarding and in- sued under this subpart; spection. (3) Assault, resist, oppose, impede, in- (e) Access and records. (1) The owner timidate, or interfere with any author- and operator of each FFV must provide ized officer in the conduct of any in- authorized officers access to all spaces spection or search described in para- where work is conducted or business graph (a)(2) of this section; papers and records are prepared or (4) Resist a lawful arrest for any act stored, including but not limited to, prohibited by the Magnuson Act, the
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applicable GIFA, this subpart, or any (16) Prohibit or bar by command, im- permit issued under this subpart; pediment, threat, coercion, or refusal (5) Interfere with, delay, or prevent of reasonable assistance, an observer by any means the apprehension or ar- from collecting samples, conducting rest of another person with the knowl- product recovery rate determinations, edge that such other person has com- making observations, or otherwise per- mitted any act prohibited by the Mag- forming the observer’s duties; nuson Act, the applicable GIFA, this (17) Harass or sexually harass an au- subpart, or any permit issued under thorized officer or observer; this subpart; (18) Fail to provide the required as- (6) Interfere with, obstruct, delay, op- sistance to an observer as described at pose, impede, intimidate, or prevent by § 600.506 (c) and (e); any means any boarding, investigation (19) Fail to identify, falsely identify, or search, wherever conducted, in the fail to properly maintain, or obscure process of enforcing the Magnuson Act, the identification of the FFV or its the applicable GIFA, this subpart, or gear as required by this subpart; any permit issued under this subpart; (7) Engage in any fishing activity for (20) Falsify or fail to make, keep, which the FFV does not have a permit maintain, or submit any record or re- as required under § 600.501; port required by this subpart; (8) Engage in any fishing activity (21) Fail to return to the sea or fail within the EEZ without a U.S. observer to otherwise treat prohibited species as aboard the FFV, unless the require- required by this subpart; ment has been waived by the appro- (22) Fail to report or falsely report priate Regional Director; any gear conflict; (9) Retain or attempt to retain with- (23) Fail to report or falsely report in the EEZ, directly or indirectly, any any loss, jettisoning, or abandonment U.S. harvested fish, unless the FFV has of fishing gear or other article into the a permit for Activity Codes 4 or 6. EEZ that might interfere with fishing, (10) Use any fishing vessel to engage obstruct fishing gear or vessels, or in fishing after the revocation, or dur- cause damage to any fishery resource ing the period of suspension, of an ap- or marine mammals; plicable permit issued under this sub- (24) Continue Activity Codes 1 part; through 4 after those activity codes (11) Violate any provision of the ap- have been canceled under § 600.511; plicable GIFA; (25) Fail to maintain health and safe- (12) Falsely or incorrectly complete ty standards set forth in § 600.506(d); (including by omission) a permit appli- (26) Violate any provisions of regula- cation or permit form as specified in tions for specific fisheries of this sub- § 600.501 (d) and (k); part; (13) Fail to report to the Assistant (27) On a scientific research vessel, Administrator within 15 days any engage in fishing other than rec- change in the information contained in reational fishing authorized by applica- the permit application for a FFV, as ble state, territorial, or Federal regula- specified in § 600.501(k); tions; (14) Assault, resist, oppose, impede, intimidate, or interfere with an ob- (28) Violate any provision of this sub- server placed aboard an FFV under this part, the Magnuson Act, the applicable subpart; GIFA, any notice issued under this sub- (15) Interfere with or bias the sam- part or any permit issued under this pling procedure employed by an ob- subpart; or server, including sorting or discarding (29) Attempt to do any of the fore- any catch prior to sampling, unless the going. observer has stated that sampling will (b) It is unlawful for any FFV, and not occur; or tamper with, destroy, or for the owner or operator of any FFV discard an observer’s collected sam- except an FFV engaged only in rec- ples, equipment, records, photographic reational fishing, to fish— film, papers, or effects without the ex- (1) Within the boundaries of any press consent of the observer; state, unless the fishing is authorized
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by the Governor of that state as per- quired by this paragraph (b)(2) is not mitted by section 306(c) of the Magnu- given, the FFV may not engage in fish- son Act to engage in a joint venture for ing until an observer is available and processing and support with U.S. fish- has been placed aboard the vessel or ing vessels in the internal waters of the requirement has been waived by that state; or the appropriate Regional or Science (2) Within the EEZ, or for any anad- and Research Director. romous species or continental shelf (c) Assistance to observers. To assist fishery resources beyond the EEZ, un- the observer in the accomplishment of less the fishing is authorized by, and his or her assigned duties, the owner conducted in accordance with, a valid and operator of an FFV to which an ob- permit issued under § 600.501. server is assigned must— § 600.506 Observers. (1) Provide, at no cost to the observer or the United States, accommodations (a) General. To carry out such sci- for the observer aboard the FFV that entific, compliance monitoring, and are equivalent to those provided to the other functions as may be necessary or officers of that vessel. appropriate to carry out the purposes of the Magnuson Act, the appropriate (2) Cause the FFV to proceed to such Regional or Science and Research Di- places and at such times as may be des- rector (see table 2 to § 600.502) may as- ignated by the appropriate Regional or sign U.S. observers to FFV’s. Except as Science and Research Director for the provided for in section 201(i)(2) of the purpose of embarking and debarking Magnuson Act, no FFV may conduct the observer. fishing operations within the EEZ un- (3) Allow the observer to use the less a U.S. observer is aboard. FFV’s communications equipment and (b) Effort plan. To ensure the avail- personnel upon demand for the trans- ability of an observer as required by mission and receipt of messages. this section, the owners and operators (4) Allow the observer access to and of FFV’s wanting to fish within the use of the FFV’s navigation equipment EEZ will submit to the appropriate Re- and personnel upon demand to deter- gional Director or Science and Re- mine the vessel’s position. search Director; and also to the Chief, (5) Allow the observer free and unob- Office of Enforcement, NMFS, Silver structed access to the FFV’s bridge, Spring, MD, a schedule of fishing effort trawl, or working decks, holding bins, 30 days prior to the beginning of each processing areas, freezer spaces, weight quarter. A quarter is a time period of 3 scales, cargo holds and any other space consecutive months beginning January that may be used to hold, process, 1, April 1, July 1, and October 1 of each weigh, or store fish or fish products at year. The schedule will contain the any time. name and IRCS of each FFV intending (6) Allow the observer to inspect and to fish within the EEZ during the up- copy the FFV’s daily log, communica- coming quarter, and each FFV’s ex- tions log, transfer log, and any other pected date of arrival and expected log, document, notice, or record re- date of departure. quired by these regulations. (1) The appropriate Regional or Science and Research Director must be (7) Provide the observer copies of any notified immediately of any substi- records required by these regulations tution of vessels or any cancellation of upon demand. plans to fish in the EEZ for FFV’s list- (8) Notify the observer at least 15 ed in the effort plan required by this minutes before fish are brought on section. board or fish or fish products are trans- (2) If an arrival date of an FFV will ferred from the FFV to allow sampling vary more than 5 days from the date the catch or observing the transfer, un- listed in the quarterly schedule, the ap- less the observer specifically requests propriate Regional or Science and Re- not to be notified. search Director must be notified at (9) Provide all other reasonable as- least 10 days in advance of the resched- sistance to enable the observer to carry uled date of arrival. If the notice re- out his or her duties.
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(d) Health and safety standards. All (10) All lights, shapes, whistles, foreign fishing vessels to which an ob- foghorns, fog bells and gongs required server is deployed must maintain, at by and maintained in accordance with all times that the vessel is in the EEZ, the International Regulations for Pre- the following: venting Collisions at Sea. (1) At least one working radar. (11) Clean and sanitary conditions in (2) Functioning navigation lights as all living spaces, food service and prep- required by international law. aration areas and work spaces aboard (3) A watch on the bridge by appro- the vessel. priately trained and experienced per- (e) Observer transfers. (1) The operator sonnel while the vessel is underway. of the FFV must ensure that transfers (4) Lifeboats and/or inflatable life of observers at sea via small boat or rafts with a total carrying capacity raft are carried out during daylight equal to or greater than the number of hours as weather and sea conditions people aboard the vessel. Lifeboats and allow, and with the agreement of the inflatable life rafts must be maintained observer involved. The FFV operator in good working order and be readily must provide the observer 3 hours ad- available. vance notice of at-sea transfers, so that (5) Life jackets equal or greater in the observer may collect personal be- number to the total number of persons longings, equipment, and scientific aboard the vessel. Life jackets must be samples. stowed in readily accessible and plain- (2) The FFV’s involved must provide ly marked positions throughout the a safe pilot ladder and conduct the vessel, and maintained in a state of transfer according to the procedures of good repair. § 600.504(d) to ensure the safety of the (6) At least one ring life buoy for during the transfer. each 25 ft (7.6 m) of vessel length, (3) An experienced crew member equipped with automatic water lights. must assist the observer in the small Ring life buoys must have an outside boat or raft in which the transfer is diameter of not more than 32 inches made. (81.3 cm) nor less than 30 inches (76.2 (f) Supplementary observers. In the cm), and must be maintained in a state event funds are not available from Con- of good repair. Ring life buoys must be gressional appropriations of fees col- readily available, but not positioned so lected to assign an observer to a for- they pose a threat of entanglement in eign fishing vessel, the appropriate Re- work areas. They must be secured in gional or Science and Research Direc- such a way that they can be easily cast tor will assign a supplementary ob- loose in the event of an emergency. server to that vessel. The costs of sup- (7) At least one VHF–FM radio with a plementary observers will be paid for functioning channel 16 (156.8 mHz), by the owners and operators of foreign International Distress, Safety and Call- fishing vessels as provided for in para- ing Frequency, and one functioning AM graph (h) of this section. radio (SSB-Single Side Band) capable (g) Supplementary observer authority of operating at 2182 kHz (SSB). Radios and duties. (1) A supplementary ob- will be maintained in a radio room, server aboard a foreign fishing vessel chartroom, or other suitable location. has the same authority and must be (8) At least one Emergency Position treated in all respects as an observer Indicating Radio Beacon (EPIRB), ap- who is employed by NMFS, either di- proved by the USCG for offshore com- rectly or under contract. mercial use, stowed in a location so as (2) The duties of supplementary ob- to make it readily available in the servers and their deployment and work event of an emergency. schedules will be specified by the ap- (9) At least six hand-held, rocket-pro- propriate Regional or Science and Re- pelled, parachute, red-flare distress sig- search Director. nals, and three orange-smoke distress (3) All data collected by supple- signals stowed in the pilothouse or mentary observers will be under the ex- navigation bridge in portable water- clusive control of the Assistant Admin- tight containers. istrator.
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(h) Supplementary observer payment— (iii) The costs of travel, transpor- (1) Method of payment. The owners and tation, and per diem associated with operators of foreign fishing vessels deploying supplementary observers to must pay directly to the contractor the foreign fishing vessels including the costs of supplementary observer cov- cost of travel, transportation, and per erage. Payment must be made to the diem from the supplementary observ- contractor supplying supplementary er’s post of duty to the point of embar- observer coverage either by letter of kation to the foreign fishing vessel, credit or certified check drawn on a and then from the point of disembarka- federally chartered bank in U.S. dol- tion to the post of duty from where the lars, or other financial institution ac- trip began. For the purposes of these ceptable to the contractor. The letter regulations, the appropriate Regional of credit used to pay supplementary ob- or Science and Research Director will server fees to contractors must be sep- designate posts of duty for supple- arate and distinct from the letter of mentary observers. credit required by § 600.518(b)(2). Billing (iv) The costs of travel, transpor- schedules will be specified by the terms tation, and per diem associated with of the contract between NOAA and the the debriefing following deployment of contractors. Billings for supplementary a supplementary observer by NMFS of- observer coverage will be approved by ficials. the appropriate Regional or Science (v) The administrative and overhead and Research Director and then trans- costs incurred by the contractor and, if mitted to the owners and operators of appropriate, a reasonable profit. foreign fishing vessels by the appro- (3) NMFS costs. The owners and opera- priate designated representative. Each tors of foreign fishing vessels must also country will have only one designated pay to NMFS as part of the surcharge representative to receive observer bills required by section 201(i)(4) of the Mag- for all vessels of that country, except nuson Act, the following costs: as provided for by the Assistant Ad- (i) The costs of certifying applicants ministrator. All bills must be paid for the position of supplementary ob- within 10 working days of the billing server. date. Failure to pay an observer bill will constitute grounds to revoke fish- (ii) The costs of any equipment, in- ing permits. All fees collected under cluding safety equipment, sampling this section will be considered interim equipment, operations manuals, or in nature and subject to reconciliation other texts necessary to perform the at the end of the fiscal year in accord- duties of a supplementary observer. ance with paragraph (h)(4) of this sec- The equipment will be specified by the tion and § 600.518(d). appropriate Regional or Science and Research Director according to the re- (2) Contractor costs. The costs charged for supplementary observer coverage to quirements of the fishery to which the the owners and operators of foreign supplementary observer will be de- fishing vessels may not exceed the ployed. costs charged to NMFS for the same or (iii) The costs associated with com- similar services, except that contrac- munications with supplementary ob- tors may charge to the owners and op- servers for transmission of data and erators of foreign fishing vessels an ad- routine messages. ditional fee to cover the administrative (iv) For the purposes of monitoring costs of the program not ordinarily the supplementary observer program, part of contract costs charged to the costs for the management and NMFS. The costs charged foreign fish- analysis of data. ermen for supplementary observers (v) The costs for data editing and may include, but are not limited to the entry. following: (vi) Any costs incurred by NMFS to (i) Salary and benefits, including train, deploy or debrief a supple- overtime, for supplementary observers. mentary observer. (ii) The costs of post-certification (vii) The cost for U.S. Customs in- training required by paragraph (j)(2) of spection for supplementary observers this section. disembarking after deployment.
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(4) Reconciliation. Fees collected by The education and experience required the contractor in excess of the actual for certification may vary according to costs of supplementary observer cov- the requirements of managing the for- erage will be refunded to the owners eign fishery in which the supple- and operators of foreign fishing vessels, mentary observer is to be deployed. or kept on deposit to defray the costs Documentation of U.S. citizenship or of future supplementary observer cov- nationality, and education or experi- erage. Refunds will be made within 60 ence will be provided from personal days after final costs are determined qualification statements on file with and approved by NMFS. NMFS contractors who provide supple- (i) Supplementary observer contrac- mentary observer services, and will not tors—(1) Contractor eligibility. Supple- require the submission of additional in- mentary observers will be obtained by formation to NMFS. NMFS from persons or firms having es- (2) Training. Prior to deployment to tablished contracts to provide NMFS foreign fishing vessels, certified supple- with observers. In the event no such mentary observers must also meet the contract is in place, NMFS will use es- following conditions: tablished, competitive contracting pro- (i) Each certified supplementary ob- cedures to select persons or firms to server must satisfactorily complete a provide supplementary observers. The course of training approved by the ap- services supplied by the supplementary propriate Regional or Science and Re- observer contractors will be as de- search Director as equivalent to that scribed within the contract and as received by persons used as observers specified below. by NMFS as either Federal personnel (2) Supplementary observer contrac- or contract employees. The course of tors must submit for the approval of training may vary according to the for- the Assistant Administrator the fol- eign fishery in which the supple- lowing: mentary observer is to be deployed. (i) A copy of any contract, including (ii) Each certified supplementary ob- all attachments, amendments, and en- server must agree in writing to abide closures thereto, between the contrac- by standards of conduct as set forth in tor and the owners and operators of Department of Commerce Administra- foreign fishing vessels for whom the tive Order 202–735 (as provided by the contractor will provide supplementary contractor). observer services. (k) Supplementary observer certification (ii) All application information for suspension or revocation. (1) Certifi- persons whom the contractor desires to cation of a supplementary observer employ as certified supplementary ob- may be suspended or revoked by the servers. Assistant Administrator under the fol- (iii) Billing schedules and billings to lowing conditions: the owners and operators of foreign (i) A supplementary observer fails to fishing vessels for further transmission perform the duties specified in para- to the designated representative of the graph (g)(2) of this section. appropriate foreign nation. (ii) A supplementary observer fails to (iv) All data on costs. abide by the standards of conduct de- (j) Supplementary observers—certifi- scribed by Department of Commerce cation, training—(1) Certification. The Administrative Order 202–735. appropriate Regional or Science and (2) The suspension or revocation of Research Director will certify persons the certification of a supplementary as qualified for the position of supple- observer by the Assistant Adminis- mentary observer once the following trator may be based on the following: conditions are met: (i) Boarding inspection reports by au- (i) The candidate is a citizen or na- thorized officers of the USCG or NMFS, tional of the United States. or other credible information, that in- (ii) The candidate has education or dicate a supplementary observer has experience equivalent to the education failed to abide by the established or experience required of persons used standards of conduct; or as observers by NMFS as either Fed- (ii) An analysis by NMFS of the data eral personnel or contract employees. collected by a supplementary observer
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indicating improper or incorrect data (b) Communications log. The owner collection or recording. The failure to and operator of each FFV must record properly collect or record data is suffi- in a separate communications log, at cient to justify decertification of sup- the time of transmittal, the time and plementary observers; no intent to de- content of each notification made fraud need be demonstrated. under § 600.504. (3) The Assistant Administrator will (c) Transfer log. Except for the trans- notify the supplementary observer, in fer of unsorted, unprocessed fish via writing, of the Assistant Administra- codend from a catching vessel to a tor’s intent to suspend or revoke cer- processing vessel (Activity Code 2 or 4), tification, and the reasons therefor, the owner and operator of each FFV and provide the supplementary ob- must record, in a separate transfer log, server a reasonable opportunity to re- each transfer or receipt of any fish or spond. If the Assistant Administrator fishery product, including quantities determines that there are disputed transferred or offloaded outside the questions of material fact, then the As- EEZ. The operator must record in the sistant Administrator may in this re- log within 12 hours of the completion spect appoint an examiner to make an of the transfer: informal fact-finding inquiry and pre- (1) The time and date (GMT) and lo- pare a report and recommendations. cation (in geographic coordinates) the transfer began and was completed. § 600.507 Recordkeeping. (2) The product weight, by species and product (use species and product (a) General. The owner and operator codes), of all fish transferred, to the of each FFV must maintain timely and nearest 0.01 mt. accurate records required by this sec- (3) The name, IRCS, and permit num- tion as modified by the regulations for ber of both the FFV offloading the fish the fishery in which the FFV is en- and the FFV receiving the fish. gaged. (d) Daily fishing log. (1) The owner or (1) The owner and operator of each operator of each FFV authorized to FFV must maintain all required catch fish (Activity Code 1) must main- records in English, based on Greenwich tain a daily fishing log of the effort, mean time (GMT) unless otherwise catch and production of the FFV, as specified in the regulation, and make modified by paragraph (d)(2) of this them immediately available for inspec- section and the regulations for the tion upon the request of an authorized fishery in which the FFV is engaged. officer or observer. The operator must maintain on a daily (2) The owner and operator of each and cumulative basis for the permit pe- FFV must retain all required records riod a separate log for each fishery (see on board the FFV whenever it is in the table 2 to § 600.502) in which the FFV is EEZ, for 3 years after the end of the engaged according to this section and permit period. in the format specified in the instruc- (3) The owner and operator of each tions provided with the permit or other FFV must retain the required records format authorized under paragraph (i) and make them available for inspec- of this section. Daily effort entries are tion upon the request of an authorized required for each day the vessel con- officer at any time during the 3 years ducts fishing operations within the after the end of the permit period, EEZ. Daily entries are not required whether or not such records are on whenever the FFV is in port or engaged board the vessel. in a joint venture in the internal wa- (4) The owner and operator of each ters of a state. Each page of log may FFV must provide to the Assistant Ad- contain entries pertaining to only one ministrator, in the form and at the day’s fishing operations or one gear times prescribed, any other informa- set, whichever is longer. tion requested that the Assistant Ad- (2) The owner or operator of each ministrator determines is necessary to FFV authorized to catch fish (Activity fulfill the fishery conservation, man- Code 1) and that delivers all catches to agement and enforcement purposes of a processing vessel, must maintain the Magnuson Act. only ‘‘SECTION ONE-EFFORT’’, of the
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daily fishing log, provided the process- (i) The consecutive set or trawl num- ing vessel maintains a daily consoli- ber from ‘‘SECTION ONE’’. dated fishing log as described in para- (ii) The catch of each allocated spe- graphs (f) and (g) of this section. cies or species group to at least the (e) Daily fishing log—contents. The nearest 0.1 mt round weight. daily fishing log must contain the fol- (iii) The prohibited species catch to lowing information, as modified by at least the nearest 0.1 mt round paragraph (d)(2) of this section and the weight or by number, as required by regulations for the fishery in which the the regulations for the fishery in which FFV is engaged, and be completed ac- the FFV is engaged. cording to the format and instructions (iv) The species code of each marine provided with the permit or other for- mammal caught and its condition when mat authorized under paragraph (i) of released. this section. (4) ‘‘SECTION TWO-CATCH’’ must (1) ‘‘SECTION ONE-EFFORT’’ must contain, on a daily basis— contain on a daily basis— (i) The species codes for all allocated (i) A consecutive page number, begin- or prohibited species or species groups ning with the first day the vessel start- caught. ed fishing operations within the EEZ (ii) For each allocated species—the and continuing throughout the log. amount, to at least the nearest 0.1 mt, (ii) The date (based on GMT). and the daily disposition, either proc- (iii) The FFV’s name. essed for human consumption, used for (iv) The FFV’s IRCS. fishmeal, or discarded; the daily catch (v) The FFV’s U.S. permit number. by fishing area; the daily catch for all (vi) The FFV’s noon (1200 GMT) posi- fishing areas; and the cumulative total tion in geographic coordinates. catch. (vii) The master or operator’s signa- (iii) For the total catch of allocated ture or title. species—the amount to at least the (2) ‘‘SECTION ONE-EFFORT’’ must nearest 0.1 mt and the daily disposi- contain, for each trawl or set, as appro- tion, daily total catch by fishing area, priate to the gear type employed— daily total catch for all fishing areas, (i) The consecutive trawl or set num- and cumulative total catch. ber, beginning with the first set of the (iv) The catch by fishing area, daily calendar year. total, and cumulative total of each pro- (ii) The fishing area in which the hibited species. trawl or set was completed. (5) ‘‘SECTION THREE—PRODUC- (iii) The gear type. TION’’ must contain, on a daily basis, (iv) The time the gear was set. for each allocated species caught and (v) The position of the set. product produced— (vi) The course of the set. (i) The product by species code and (vii) The sea depth. product type. (viii) The depth of the set. (ii) The daily product recovery rate (ix) The duration of the set. of each species and product. (x) The hauling time. (iii) The daily total product produced (xi) The position of the haul. by species to at least the nearest 0.01 (xii) The number of pots or longline mt. units (where applicable). (iv) The cumulative total of each (xiii) The average number of hooks product to at least the nearest 0.01 mt. per longline unit (where applicable). (v) The cumulative amount of prod- (xiv) The trawl speed (where applica- uct transferred. ble). (vi) The balance of product remain- (xv) The mesh size of the trawl’s ing aboard the FFV. codend (where applicable). (vii) The total daily amount, cumu- (xvi) The estimated total weight of lative amount, transferred product and the catch for the trawl of set, to at balance of frozen product aboard the least the nearest metric ton round FFV to the nearest 0.01 mt. weight. (viii) Transferred amount and bal- (3) ‘‘SECTION TWO-CATCH’’ must ance of fishmeal and fish oil aboard to contain, for each trawl or set— at least the nearest 0.01 mt.
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(f) Daily consolidated fishing or joint (3) ‘‘SECTION TWO-CATCH’’ must venture log. The operator of each FFV contain, for each codend received— that receives unsorted, unprocessed (i) The consecutive codend number fish from foreign catching vessels (Ac- from ‘‘SECTION ONE’’. tivity Code 2) for processing or receives (ii) The receipts of each authorized U.S.-harvested fish from U.S. fishing species or species group and its disposi- vessels in a joint venture (Activity tion, either processed for human con- Code 4) must maintain a daily joint sumption, used for fishmeal, discarded, venture log of the effort, catch and pro- or returned to the U.S. fishing vessel, duction of its associated U.S. or foreign to at least the nearest 0.1 mt round fishing vessels and the processing ves- weight. sel as modified by the regulations for (iii) The estimated receipts of each the fishery in which the FFV is en- prohibited species or species group and gaged. This log is separate and in addi- its disposition, either discarded or re- tion to the log required by paragraph turned to the U.S. fishing vessel if au- (d) of this section. The operator must thorized in the fishery in which the maintain a separate log for each fish- U.S. vessel is engaged, to at least the ery in which the FFV is engaged, on a nearest 0.1 mt round weight. daily and cumulative basis, according (iv) The species code of each marine to this section and in the format speci- mammal received and its condition fied in the instructions provided with when released. the permit or other format authorized (4) ‘‘SECTION TWO-CATCH’’ must under paragraph (i) of this section. Re- contain on a daily basis— ceipts of fish caught outside the EEZ (i) The species codes of all authorized must be included. Each page of the log or prohibited species or species groups may contain entries pertaining to only received. one day’s fishing operations. (ii) The daily disposition, as de- (g) Daily joint venture log—contents. scribed in paragraph (g)(3)(ii) of this Daily joint venture logs must contain section, daily total, and cumulative the following information, as modified total receipts of each authorized spe- by the fishery in which the vessel is en- cies or species groups. gaged, and be completed according to (iii) The daily disposition, daily total the format and instructions provided and cumulative total receipts of all au- with the permit or other format au- thorized species or species groups. thorized under paragraph (i) of this sec- (iv) The daily and cumulative total tion. receipts of prohibited species groups (1) ‘‘SECTION ONE-EFFORT’’ must and their disposition as described in contain, on a daily basis, that informa- paragraph (g)(3)(iii) of this section. tion required in paragraph (e)(1) of this (5) ‘‘SECTION THREE—PRODUC- section. TION’’ must contain, on a daily basis, for each authorized species or species (2) ‘‘SECTION ONE-EFFORT’’ must group received and product produced, contain for each receipt of a codend— that information required in paragraph (i) The consecutive codend number, (e)(5) of this section. beginning with the first codend re- (h) Daily log maintenance. The logs re- ceived for the calendar year. quired by paragraphs (e) through (g) of (ii) The name of the U.S. fishing ves- this section must be maintained sepa- sel or the name and IRCS of the foreign rately for each fishery (see table 2 to fishing vessel the codend was received § 600.502). from. (1) The effort section (all of ‘‘SEC- (iii) The fishing area where the TION ONE’’) of the daily logs must be codend was received. updated within 2 hours of the hauling (iv) The time the codend was re- or receipt time. The catch or receipt by ceived. trawl or set (‘‘SECTION TWO’’) must (v) The position the codend was re- be entered within 12 hours of the haul- ceived. ing or receipt time. The daily and cu- (vi) The estimated weight of the mulative total catch or receipts (‘‘SEC- codend to at least the nearest metric TION TWO’’) and the production por- ton round weight. tion (‘‘SECTION THREE’’) of the log
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must be updated within 12 hours of the may be conducted as specified by the end of the day on which the catch was regulations of the fishery in which the taken. The date of catch is the day and FFV is engaged and as modified by the time (GMT) the gear is hauled. FFV’s permit. (2) Entries for total daily and cumu- (b) Scouting. Each FFV authorized for lative catch or receipt weights (disposi- Activity Codes 1 through 6 may scout tion ‘‘C’’ or ‘‘M’’) must be based on the for fish. Scouting may be conducted most accurate method available to the only in the fisheries area authorized by vessel, either scale round weights or the scouting vessel’s permit and under factory weights converted to round such other circumstances as may be weights. Entries for daily and cumu- designated in this subpart or the per- lative weights of discarded or returned mit. fish (disposition ‘‘D’’ or ‘‘R’’) must be (c) Processing. Each FFV with Activ- based on the most accurate method ity Code 1 or 2 may process fish. Proc- available to the vessel, either actual essing may only be conducted when- count, scale round weight, or estimated ever and wherever catching operations deck weights. Entries for product for FFV’s of that Nation are permitted, weights must be based on the number whenever and wherever joint venture of production units (pans, boxes, operations are authorized by an FFV’s blocks, trays, cans, or bags) and the av- permit under Activity Code 4, and erage weight of the production unit, under such other circumstances as may with reasonable allowances for water be designated in this subpart or the added. Allowances for water added can- permit. not exceed 5 percent of the unit weight. (d) Support. Each FFV with Activity Product weights cannot be based on Codes 1, 2, 3, 5, or 8 may support other the commercial or arbitrary wholesale permitted FFV’s. Each FFV with Ac- weight of the product, but must be tivity Codes 4 or 6 may support U.S. based on the total actual weight of the vessels. Support operations may be product as determined by representa- conducted only in the fisheries areas tive samples. authorized by the supporting vessel’s (3) The owner or operator must make permit, and under such other cir- all entries in indelible ink, with correc- cumstances as may be designated in tions to be accomplished by lining out this subpart or the permit. and rewriting, rather than erasure. (e) Joint ventures. Each FFV with Ac- (i) Alternative log formats. As an al- tivity Code 4 in addition to Activity ternative to the use of the specific for- Codes 1 or 2 may also conduct oper- mats provided, a Nation may submit a ations with U.S. fishing vessels. These proposed log format for FFV’s of that joint venture operations with U.S. fish- Nation for a general type of fishery op- ing vessels may be conducted through- eration in a fishery (i.e., joint venture out the EEZ, and under such other cir- operations) to the appropriate Regional cumstances as may be designated in Director and the USCG commander these regulations or the permit. FFV’s (see tables 1 and 2 to § 600.502). With the with activity code 4 may continue op- agreement of the USCG commander, erations assisting U.S. fishing vessels, the Regional Director may authorize despite closures under § 600.511(a). the use of that log format for vessels of (f) Internal waters. For FFV’s author- the requesting Nation. ized under section 306(c) of the Magnu- son-Stevens Act: § 600.508 Fishing operations. (1) Each FFV may engage in fish (a) Catching. Each FFV authorized processing and support of U.S. fishing for activity code 1 may catch fish. An vessels within the internal waters of FFV may retain its catch of any spe- that state in compliance with terms cies or species group for which there is and conditions set by the authorizing an unfilled national allocation. All fish Governor. caught will be counted against the na- (2) The owner or operator of each tional allocation, even if the fish are FFV must submit weekly reports on discarded, unless exempted by the reg- the amount of fish received from ves- ulations of the fishery in which the sels of the United States and the loca- FFV is engaged. Catching operations tion(s) where such fish were harvested.
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(i) Reports must include: ing or have set their gear for that pur- (A) Vessel identification information pose must ascertain the position and for the FFV. extent of gear already placed in the sea (B) Date of each receipt of fish. and must not place themselves or their (C) Amount of fish received, by spe- fishing gear so as to interfere with or cies. obstruct fishing operations already in (D) Location(s) from which the fish progress. Vessels using mobile gear received were harvested and the name must avoid fixed fishing gear. and official number of the vessel of the (2) The operator of each FFV must United States that harvested the fish. maintain on its bridge a current plot of (ii) Owners or operators of FFV’s broadcast fixed-gear locations for the processing fish in internal waters area in which it is fishing, as required under the provisions of this paragraph by the regulations for the fishery in (f) must request, from the Regional Ad- which the FFV is engaged. ministrator, the requirements regard- (b) Gear conflicts. The operator of ing timing and submission of the re- ports, at least 15 days prior to the first each FFV that is involved in a conflict receipt of fish from a vessel of the or that retrieves the gear of another United States. The Regional Adminis- vessel must immediately notify the ap- trator shall stipulate the timing and propriate USCG commander identified submission requirements in writing. in tables 1 and 2 to § 600.502 and request disposal instructions. Each report must [61 FR 32540, June 24, 1996, as amended at 62 include: FR 27183, May 19, 1997; 62 FR 34397, June 26, (1) The name of the reporting vessel. 1997] (2) A description of the incident and § 600.509 Prohibited species. articles retrieved, including the (a) The owner or operator of each amount, type of gear, condition, and FFV must minimize its catch or re- identification markings. ceipt of prohibited species. (3) The location of the incident. (b) After allowing for sampling by an (4) The date and time of the incident. observer (if any), the owner or operator (c) Disposal of fishing gear and other of each FFV must sort its catch of fish articles. (1) The operator of an FFV in received as soon as possible and return the EEZ may not dump overboard, jet- all prohibited species and species parts tison or otherwise discard any article to the sea immediately with a mini- or substance that may interfere with mum of injury, regardless of condition, other fishing vessels or gear, or that unless a different procedure is specified may catch fish or cause damage to any by the regulations for the fishery in marine resource, including marine which the FFV is engaged. All prohib- mammals and birds, except in cases of ited species must be recorded in the emergency involving the safety of the daily fishing log and other fishing logs ship or crew, or as specifically author- as specified by the regulations for the ized by communication from the appro- fishery in which the FFV is engaged. priate USCG commander or other au- (c) All species of fish that an FFV thorized officer. These articles and sub- has not been specifically allocated or stances include, but are not limited to, authorized under this subpart to re- fishing gear, net scraps, bale straps, tain, including fish caught or received plastic bags, oil drums, petroleum con- in excess of any allocation or author- tainers, oil, toxic chemicals or any ization, are prohibited species. manmade items retrieved in an FFV’s (d) It is a rebuttable presumption gear. that any prohibited species or species (2) The operator of an FFV may not part found on board an FFV was caught abandon fishing gear in the EEZ. and retained in violation of this sec- (3) If these articles or substances are tion. encountered, or in the event of acciden- tal or emergency placement into the § 600.510 Gear avoidance and disposal. EEZ, the vessel operator must imme- (a) Vessel and gear avoidance. (1) diately report the incident to the ap- FFV’s arriving on fishing grounds propriate USCG Commander indicated where fishing vessels are already fish- in tables 1 and 2 to § 600.502, and give
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the information required in paragraph applicable new or increased allocation (b) of this section. or JVP becomes available or the letter of credit required by § 600.518(b)(2) is re- § 600.511 Fishery closure procedures. established. (a) Activity Codes 1 and 2 for a fish- ery are automatically canceled in the § 600.512 Scientific research. following cases, unless otherwise speci- (a) Scientific research activity. Persons fied by regulations specific to a fish- planning to conduct scientific research ery, when— activities in the EEZ that may be con- (1) The OY for any allocated species fused with fishing are encouraged to or species group has been reached in submit to the appropriate Regional Di- that fishery; rector, Director, or designee, 60 days or (2) The TALFF or catch allowance as soon as practicable prior to its start, for any allocated species or species a scientific research plan for each sci- group has been reached in that fishery; entific cruise. The Regional Director, (3) The foreign nation’s allocation for Director, or designee will acknowledge any allocated species or species group notification of scientific research ac- has been reached; or tivity by issuing to the operator or (4) The letter of credit required in master of that vessel, or to the spon- § 600.518(b)(2) is not established and soring institution, a letter of acknowl- maintained. edgment. This letter of acknowledg- (b) Activity Code 4 is automatically ment is separate and distinct from any canceled when— permit required under any other appli- (1) The OY for a species with a JVP cable law. If the Regional Director, Di- amount is reached; rector, or designee, after review of a re- (2) The JVP amount for a species or search plan, determines that it does species group is reached; or not constitute scientific research ac- (3) The letter of credit required in tivity, but rather fishing, the Regional § 600.518(b)(2) is not established and Director, Director, or designee will in- maintained. form the applicant as soon as prac- (c) Notification. (1) The Regional Di- ticable and in writing. The Regional rector is authorized to close a fishery Director, Director, or designee may on behalf of NMFS. The Regional Di- also make recommendations to revise rector will notify each FFV’s des- the research plan to make the cruise ignated representative of closures. acceptable as scientific research activ- (2) If possible, notice will be given 48 ity. In order to facilitate identification hours before the closure. However, each of activity as scientific research, per- Nation and the owners and operators of sons conducting scientific research ac- all FFV’s of that Nation are respon- tivities are advised to carry a copy of sible for ending fishing operations the scientific research plan and the let- when an allocation is reached. ter of acknowledgment on board the (d) Catch reconciliation. Vessel activ- scientific research vessel. Activities ity reports, U.S. surveillance observa- conducted in accordance with a sci- tions, observer reports, and foreign entific research plan acknowledged by catch and effort reports will be used to such a letter are presumed to be sci- make the determination listed in para- entific research activities. The pre- graphs (a) and (b) of this section. If sumption may be overcome by showing NMFS estimates of catch or other val- that an activity does not fit the defini- ues made during the season differ from tion of scientific research activity or is those reported by the foreign fleets, ef- outside the scope of the scientific re- forts may be initiated by the des- search plan. ignated representative of each Nation (b) Reports. Persons conducting sci- to resolve such differences with NMFS. entific research are requested to sub- If, however, differences still persist mit a copy of any cruise report or after such efforts have been made, other publication created as a result of NMFS estimates will be the basis for the cruise, including the amount, com- decisions and will prevail. position, and disposition of their catch, (e) Duration. Any closure under this to the appropriate Science and Re- section will remain in effect until an search Director.
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§ 600.513 Recreational fishing. If such a vessel has a permit authoriza- (a) Foreign vessels conducting rec- tion that is limited to fishing activities reational fishing must comply only other than catching, taking or harvest- with this section, and §§ 600.10, ing (such as support, scouting or proc- 600.504(a)(1), and 600.505 (as applicable). essing activities), it must have all of Such vessels may conduct recreational its fishing gear stowed at all times fishing within the EEZ and within the while it is in the EEZ. If such a vessel boundaries of a state. Any fish caught has a permit authorization to engage may not be sold, bartered, or traded. in catching, taking or harvesting ac- (b) The owners or operator and any tivities, but such authorization is lim- other person aboard any foreign vessel ited to a specific area within the EEZ, conducting recreational fishing must and/or to a specific period of time, the comply with any Federal laws or regu- vessel must have all of its fishing gear lations applicable to the domestic fish- stowed while it is in the EEZ, except ery while in the EEZ, and any state when it is in the specific area author- laws or regulations applicable while in ized, and/or during the specific period state waters. of time authorized.
§ 600.514 Relation to other laws. § 600.516 Total allowable level of for- (a) Persons affected by these regula- eign fishing (TALFF). tions should be aware that other Fed- (a) The TALFF, if any, with respect eral and state statutes may apply to to any fishery subject to the exclusive their activities. fishery management authority of the (b) Fishing vessel operators must ex- United States, is that portion of the ercise due care in the conduct of fish- OY of such fishery that will not be ing activities near submarine cables. caught by vessels of the United States. Damage to submarine cables resulting (b) Each specification of OY and each from intentional acts or from the fail- assessment of the anticipated U.S. har- ure to exercise due care in the conduct vest will be reviewed during each fish- of fishing operations subjects the fish- ing season. Adjustments to TALFF’s ing vessel operator to enforcement ac- will be made based on updated informa- tion under the International Conven- tion relating to status of stocks, esti- tion for the Protection of Submarine mated and actual performance of do- Cables, and to the criminal penalties mestic and foreign fleets, and other rel- prescribed by the Submarine Cable Act evant factors. (47 U.S.C. 21) and other laws that im- plement that Convention. Fishing ves- (c) Specifications of OY and the ini- sel operators also should be aware that tial estimates of U.S. harvests and the Submarine Cable Act prohibits TALFF’s at the beginning of the rel- fishing operations at a distance of less evant fishing year will be published in than 1 nautical mile (1.85 km) from a the FEDERAL REGISTER. Adjustments to vessel engaged in laying or repairing a those numbers will be published in the submarine cable; or at a distance of FEDERAL REGISTER upon occasion or as less than 0.25 nautical mile (0.46 km) directed by regulations implementing from a buoy or buoys intended to mark FMPs. For current apportionments, the position of a cable when being laid, contact the appropriate Regional Di- or when out of order, or broken. rector or the Director.
§ 600.515 Interpretation of 16 U.S.C. § 600.517 Allocations. 1857(4). The Secretary of State, in coopera- Section 307(4) of the Magnuson Act tion with the Secretary, determines prohibits any fishing vessel other than the allocation among foreign nations of a vessel of the United States (foreign fish species and species groups. The fishing vessel) from operating in the Secretary of State officially notifies EEZ if all of the fishing gear on board each foreign nation of its allocation. the vessel is not stowed in compliance The burden of ascertaining and accu- with that section ‘‘unless such vessel is rately transmitting current allocations authorized to engage in fishing in the and status of harvest of an applicable area in which the vessel is operating.’’ allocation to fishing vessels is upon the
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foreign nation and the owner or opera- (ii) The customer must pay all com- tor of the FFV. missions, transmission, and service charges. No fishing will be allowed § 600.518 Fee schedule for foreign fish- until the L/C is established, and au- ing. thorized written notice of its issuance (a) Permit application fees. Each vessel is provided to the Assistant Adminis- permit application submitted under trator. § 600.501 must be accompanied by a fee (3) Assessment of poundage fees. of $354 per vessel, plus the surcharge, if Poundage fees will be assessed quar- required under paragraph (e) of this terly for the actual catch during Janu- section, rounded to the nearest dollar. ary through March, April through At the time the application is submit- June, July through September, and Oc- ted to the DOS, a check for the fees, tober through December. The appro- drawn on a U.S. bank, made out to priate Regional Director will reconcile ‘‘Department of Commerce, NOAA,’’ catch figures with each country follow- must be sent to the Director. The per- ing the procedures of § 600.511(d). When mit fee payment must be accompanied the catch figures are agreed upon, by a list of the vessels for which the payment is made. NOAA will present a bill for collection (b) Poundage fees—(1) Rates. If a Na- as the documentary demand for pay- tion chooses to accept an allocation, ment to the confirming bank. If, after poundage fees must be paid at the rate 45 days from the end of the quarter, specified in the following table, plus catches have not been reconciled, the the surcharge required by paragraph (c) estimate of the Regional Director will of this section. stand and a bill will be issued for that amount. If necessary, the catch figures TABLEÐSPECIES AND POUNDAGE FEES may be refined by the Regional Direc- [Dollars per metric ton, unless otherwise noted] tor during the next 60 days, and any modifications will be reflected in the Pound- Species fees age fees next quarter’s bill. (c) Surcharges. The owner or operator Northwest Atlantic Ocean fisheries: 1. Butterfish ...... 274.61 of each foreign vessel who accepts and 2. Hake, red ...... 163.97 pays permit application or poundage 3. Hake, silver ...... 174.63 fees under paragraph (a) or (b) of this 4. Herring ...... 61.76 section must also pay a surcharge. The 5. Mackerel, Atlantic ...... 58.33 6. Other groundfish ...... 119.09 Assistant Administrator may reduce or 7. Squid, Illex ...... 103.98 waive the surcharge if it is determined 8. Squid, Loligo ...... 245.73 that the Fishing Vessel and Gear Dam- age Compensation Fund is capitalized (2) Method of payment of poundage sufficiently. The Assistant Adminis- fees, surcharges and observer fees. (i) If a trator also may increase the surcharge Nation chooses to accept an allocation, during the year to a maximum level of a revolving letter of credit (L/C) must be established and maintained to cover 20 percent, if needed, to maintain cap- the poundage fees for at least 25 per- italization of the fund. The Assistant cent of the previous year’s total alloca- Administrator has effectively waived tions at the rate in paragraph (b)(1) of the surcharge until further notice. this section, or as determined by the (d) Observer fees. The Assistant Ad- Assistant Administrator, plus the sur- ministrator will notify the owners or charges and observer fees required by operators of FFV’s of the estimated an- paragraphs (c) and (d) of this section. nual costs of placing observers aboard The L/C must— their vessels. The owners or operators (A) Be irrevocable. of any such vessel must provide for re- (B) Be with a bank subscribing to ICC payment of those costs by including Pub. 290. one-fourth of the estimated annual ob- (C) Designate ‘‘Department of Com- server fee as determined by the Assist- merce, NOAA’’ as beneficiary; ant Administrator in a L/C as pre- (D) Allow partial withdrawals. scribed in § 600.518(b)(2). During the fis- (E) Be confirmed by a U.S. bank. cal year, payment will be withdrawn
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from the L/C as required to cover an- if the restriction is proposed to reduce ticipated observer coverage for the up- gear conflicts. If NMFS determines coming fishery. The Assistant Admin- after such consultation that the re- istrator will reconcile any differences striction appears to be appropriate, between the estimated cost and actual NMFS will publish the proposed re- costs of observer coverage within 90 striction in the FEDERAL REGISTER, to- days after the end of the fiscal year. gether with a summary of the informa- (e) Financial assurances. (1) A foreign tion on which the restriction is based. nation, or the owners and operators of Following a 30-day comment period, certain vessels of that foreign nation, NMFS will publish a final action. may be required by the Assistant Ad- (iii) The Regional Director may re- ministrator to provide financial assur- scind any restriction if he/she deter- ances. Such assurances may be re- mines that the basis for the restriction quired if— no longer exists. (i) Civil and criminal penalties as- (iv) Any notice of restriction shall sessed against fishing vessels of the Na- operate as a condition imposed on the tion have not effectively deterred vio- permit issued to the foreign vessels in- lations; volved in the fishery. (ii) Vessels of that Nation have en- (3) TALFF. The TALFFs for the fish- gaged in fishing in the EEZ without eries of the Northwest Atlantic Ocean proper authorization to conduct such are published in the FEDERAL REG- activities; ISTER. Current TALFFs are also avail- (iii) The Nation’s vessel owners have able from the Regional Director. refused to answer administrative charges or summons to appear in court; (4) Species definitions. The category or ‘‘other finfish’’ used in TALFFs and in (iv) Enforcement of Magnuson Act allocations includes all species except: civil or criminal judgments in the (i) The other allocated species, name- courts of a foreign nation is unattain- ly: Short-finned squid, long-finned able. squid, Atlantic herring, Atlantic mack- (2) The level of financial assurances erel, river herring (includes alewife, will be guided by the level of penalties blueback herring, and hickory shad), assessed and costs to the U.S. Govern- and butterfish. ment. (ii) The prohibited species, namely: American plaice, American shad, At- § 600.520 Northwest Atlantic Ocean lantic cod, Atlantic menhaden, Atlan- fishery. tic redfish, Atlantic salmon, all mar- (a) Purpose. Sections 600.520 and lin, all spearfish, sailfish, swordfish, 600.525 regulate all foreign fishing con- black sea bass, bluefish, croaker, had- ducted under a GIFA within the EEZ in dock, ocean pout, pollock, red hake, the Atlantic Ocean north of 35°00′ N. scup, sea turtles, sharks (except lat. dogfish), silver hake, spot, striped bass, (b) Authorized fishery—(1) Allocations. summer flounder, tilefish, yellowtail Foreign vessels may engage in fishing flounder, weakfish, white hake, win- only in accordance with applicable na- dowpane flounder, winter flounder, tional allocations. witch flounder, Continental Shelf fish- (2) Time and area restrictions. (i) Fish- ery resources, and other invertebrates ing, including processing, scouting, and (except nonallocated squids). support of foreign or U.S. vessels, is (5) Closures. The taking of any species prohibited south of 35°00′ N. lat., and for which a Nation has an allocation is north and east of a line beginning at permitted, provided that: the shore at 44°22′ N. lat., 67°52′ W. long. (i) The vessels of the foreign nation and intersecting the boundary of the have not caught the allocation of that EEZ at 44°11′12″ N. lat., 67°16′46″ W. Nation for any species or species group long. (e.g., ‘‘other finfish’’). When vessels of (ii) The Regional Director will con- a foreign nation have caught an appli- sult with the Council prior to giving cable allocation of any species, all fur- notice of any area or time restriction. ther fishing other than scouting, proc- NMFS will also consult with the USCG essing, or support by vessels of that
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Nation must cease, even if other allo- computation of allocation utilization cations have not been reached. There- and fee refunds will be based on the fore, it is essential that foreign nations total quantity of that species that was plan their fishing strategy to ensure caught. Prohibited species must always that the reaching of an allocation for be returned to the sea as required one species does not result in the pre- under § 600.509. mature closing of a Nation’s fishery for (c) Fishing areas. For the purposes of other allocated species. the Northwest Atlantic Ocean fishery, (ii) The fishery has not been closed fishing areas are that portion of the for other reasons under § 600.511. EEZ shown inside the boundaries of the (6) Allocation utilization. Foreign fish- ing vessels may elect to retain or dis- ‘‘three digit statistical areas’’ de- card allocated species; however, the scribed in Figure 1 to this section.
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§ 600.525 Atlantic herring fishery. (b) Whether fishing is engaged in ‘‘predominately’’ within or beyond the (a) Initial specifications. The initial specifications of OY, DAH, DAP, JVP, EEZ will be determined after consider- TALFF, and reserve (if any) have been ation of relevant factors, including but established by the PMP for Atlantic not limited to, the catch (based on herring approved on July 6, 1995. These numbers, value, or weight of fish annual specifications will remain in ef- caught, or other relevant factors) or fect unless adjusted pursuant to the fishing effort during the appropriate provisions specified in paragraph (b) of period, and in light of historical pat- this section. terns of the distribution of catch or (b) Procedures to adjust initial speci- fishing effort for such stock or stocks fications. NMFS may adjust these ini- of fish. tial specifications upward or downward (c) Whether relevant effects are sub- to produce the greatest overall benefit stantial will be determined after con- to the United States at any time prior sideration of the magnitude of such ac- to or during the fishing years for which tual or potential effects. Relevant to the initial specifications are set by this determination are various factors, publishing notification in the FEDERAL including but not limited to, the pro- REGISTER with the reasons for such ad- portion of the fishery (stock or stocks justments. Any notice of adjustment of fish and fishing for such stocks) that may provide for public comment. Ad- is subject to the effects of a particular justments to the initial specifications state’s action or omission, the charac- may take into account the following teristics and status (including migra- information: tory patterns and biological condition) (1) The estimated domestic process- of the stock or stocks of fish in the ing capacity and extent to which it will fishery, and the similarity or dissimi- be used.; larity between the goals, objectives, or (2) Landings and catch statistics.; policies of the state’s action or omis- (3) Stock assessments. sion and the management goals or ob- (4) Relevant scientific information. jectives specified in the FMP for the fishery or between the state and Fed- Subpart G—Preemption of State eral conservation and management Authority Under Section 306(b) measures of the fishery. § 600.605 General policy. § 600.615 Commencement of proceed- ings. It is the policy of the Secretary that preemption proceedings will be con- (a) Notice of proposed preemption. (1) If ducted expeditiously. The administra- a proceeding under this part is deemed tive law judge and counsel or other rep- necessary, the Administrator must resentative for each party are encour- issue a notice of proposed preemption aged to make every effort at each stage to the Attorney General of the State or of the proceedings to avoid delay. States concerned. The notice will con- tain: § 600.610 Factual findings for Federal (i) A recital of the legal authority preemption. and jurisdiction for instituting the pro- (a) The two factual findings for Fed- ceeding. eral preemption of state management (ii) A concise statement of the authority over a fishery are: § 600.610 factual findings for Federal (1) The fishing in a fishery that is preemption upon which the notice is covered by an FMP implemented under based. the Magnuson Act is engaged in pre- (iii) The time, place, and date of the dominately within the EEZ and beyond hearing. such zone. (2) The notice of proposed preemption (2) A state has taken any action, or will also be published in the FEDERAL omitted to take any action, the results REGISTER. This notification may be of which will substantially and ad- combined with any notice of proposed versely affect the carrying out of such rulemaking published under paragraph FMP. (d)(1) of this section.
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(b) Response. The state will have the factual findings exist for Federal pre- opportunity to respond in writing to emption of a state’s authority within the notice of proposed preemption. its boundaries (other than in its inter- (c) Amendment. The Administrator nal waters) with respect to the fishery may, at any time prior to the Sec- in question; retary’s decision, withdraw the notice (2) Reserve decision on the merits or of proposed preemption. Upon motion withdraw the notice of proposed pre- of either party before the record is emption; or closed, the administrative law judge (3) Remand the case to the adminis- may amend the notice of proposed pre- trative law judge for further proceed- emption. ings as may be appropriate, along with (d) Proposed regulations—(1) In gen- a statement of reasons for the remand. eral. If additional regulations are re- quired to govern fishing within the (b) Notification. (1) If the factual find- boundaries of a state, the Adminis- ings for Federal preemption are deter- trator may publish proposed regula- mined to exist, the Secretary will no- tions in the FEDERAL REGISTER concur- tify in writing the Attorney General of rently with issuing the notification in- that state and the appropriate Coun- dicated in paragraph (a) of this section. cil(s) of the preemption of that state’s (2) Emergency actions. Nothing in this authority. The Secretary will also di- section will prevent the Secretary from rect the Administrator to promulgate taking emergency action under section appropriate regulations proposed under 305(e) of the Magnuson Act. § 600.615(d) and otherwise to begin regu- lating the fishery within the state’s § 600.620 Rules pertaining to the hear- boundaries (other than in its internal ing. waters). (a) The civil procedure rules of the (2) If the factual findings for Federal NOAA currently set forth in 15 CFR preemption are determined not to part 904, subpart C (or as subsequently exist, the Secretary will notify, in amended), apply to the proceeding writing, the Attorney General of the after its commencement by service of state and the appropriate Council(s) of notice (pursuant to § 600.615) and prior that determination. The Secretary will to the Secretary’s decision (§ 600.625), also direct the Administrator to issue a except that the following sections will notice withdrawing any regulations not apply: proposed under § 600.615(d). (1) 15 CFR 904.201 (Definitions); (2) 15 CFR 904.206(a)(1) (Duties and § 600.630 Application for reinstatement powers of Judge); and of state authority. (3) 15 CFR 904.272 (Administrative re- (a) Application or notice. (1) At any view of decision). (b) Additional duties and powers of time after the promulgation of regula- judge—(1) Time periods. The administra- tions under § 600.625(b)(1) to regulate a tive law judge is authorized to modify fishery within a state’s boundaries, the all time periods pertaining to the affected state may apply to the Sec- course of the hearing (under §§ 600.615 retary for reinstatement of state au- and 600.620) to expedite the proceed- thority. The Secretary may also serve ings, upon application and appropriate upon such state a notice of intent to showing of need or emergency cir- terminate such Federal regulation. A cumstances by a party. state’s application must include a clear (2) Intervention. Intervention by per- and concise statement of: sons not parties is not allowed. (i) The action taken by the State to correct the action or omission found to § 600.625 Secretary’s decision. have substantially and adversely af- (a) The Secretary will, on the basis of fected the carrying out of the FMP; or the hearing, record the administrative (ii) Any changed circumstances that law judge’s recommended decision: affect the relationship of the state’s ac- (1) Accept or reject any of the find- tion or omission to take action to the ings or conclusions of the administra- carrying out of the FMP (including any tive law judge and decide whether the amendment to such plan); and
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(iii) Any laws, regulations, or other title 43—Public Lands (in regard to ma- materials that the state believes sup- rine sanctuaries). port the application. (b) State responsibilities. Certain re- (2) Any such application received by sponsibilities relating to data collec- the Secretary or notice issued to the tion and enforcement may be per- State will be published in the FEDERAL formed by authorized state personnel REGISTER. under a state/Federal agreement for (b) Informal response. The Secretary data collection and a tripartite agree- has sole discretion to accept or reject ment among the state, the USCG, and the application or response. If the Sec- the Secretary for enforcement. retary accepts the application or re- (c) Fishing vessel jects any responses and finds that the Submarine cables. reasons for regulation of the fishery operators must exercise due care in the within the boundaries of the state no conduct of fishing activities near sub- longer prevail, the Secretary will marine cables. Damage to the sub- promptly terminate such regulation marine cables resulting from inten- and publish in the FEDERAL REGISTER tional acts or from the failure to exer- any regulatory amendments necessary cise due care in the conduct of fishing to accomplish that end. operations subjects the fishing vessel (c) Hearing. The Secretary has sole operator to the criminal penalties pre- discretion to direct the Administrator scribed by the Submarine Cable Act (47 to schedule hearings for the receipt of U.S.C. 21) which implements the Inter- evidence by an administrative law national Convention for the Protection judge. Hearings before the administra- of Submarine Cables. Fishing vessel op- tive law judge to receive such evidence erators also should be aware that the will be conducted in accordance with Submarine Cable Act prohibits fishing § 600.620. Upon conclusion of such hear- operations at a distance of less than 1 ings, the administrative law judge will nautical mile (1.85 km) from a vessel certify the record and a recommended engaged in laying or repairing a sub- decision to the Secretary. If the Sec- marine cable; or at a distance of less retary, upon consideration of the than 0.25 nautical mile (0.46 km) from a state’s application or any response to buoy or buoys intended to mark the po- the notice published under sition of a cable when being laid or § 600.630(a)(2), the hearing record, the when out of order or broken. recommended decision, and any other relevant materials finds that the rea- (d) Marine mammals. Regulations gov- sons for regulation of the fishery with- erning exemption permits and the rec- in the boundaries of the state no longer ordkeeping and reporting of the inci- prevail, the Secretary will promptly dental take of marine mammals are set terminate such regulation and publish forth in part 229 of this title. in the FEDERAL REGISTER any regu- (e) Halibut fishing. Fishing for halibut latory amendments necessary to ac- is governed by regulations of the Inter- complish that end. national Pacific Halibut Commission set forth at part 300 of this title. Subpart H—General Provisions for (f) Marine sanctuaries. All fishing ac- Domestic Fisheries tivity, regardless of species sought, is prohibited under 15 CFR part 924 in the § 600.705 Relation to other laws. U.S.S. Monitor Marine Sanctuary, (a) General. Persons affected by these which is located approximately 15 regulations should be aware that other miles southwest of Cape Hatteras off Federal and state statutes and regula- the coast of North Carolina. tions may apply to their activities. Vessel operators may wish to refer to § 600.710 Permits. USCG regulations found in the Code of Regulations pertaining to permits re- Federal Regulations title 33—Naviga- quired for certain fisheries are set tion and Navigable Waters and 46— forth in the parts of this chapter gov- Shipping; 15 CFR part 904, subpart D— erning those fisheries. Permit Sanctions and Denials; and
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§ 600.715 Recordkeeping and report- (g) Interfere with, delay, or prevent ing. by any means, the apprehension of an- Regulations pertaining to records other person, knowing that such person and reports required for certain fish- has committed any act prohibited by eries are set forth in the parts of this the Magnuson Act or any other statute chapter governing those fisheries. administered by NOAA. (h) Resist a lawful arrest for any act § 600.720 Vessel and gear identifica- prohibited under the Magnuson Act or tion. any other statute administered by NOAA. Regulations pertaining to special (i) Make any false statement, oral or vessel and gear markings required for written, to an authorized officer con- certain fisheries are set forth in the cerning the taking, catching, harvest- parts of this chapter governing those ing, landing, purchase, sale, offer of fisheries. sale, possession, transport, import, ex- § 600.725 General prohibitions. port, or transfer of any fish, or at- tempts to do any of the above. It is unlawful for any person to do (j) Interfere with, obstruct, delay, or any of the following: prevent by any means an investigation, (a) Possess, have custody or control search, seizure, or disposition of seized of, ship, transport, offer for sale, sell, property in connection with enforce- purchase, land, import, or export, any ment of the Magnuson Act or any other fish or parts thereof taken or retained statute administered by NOAA. in violation of the Magnuson Act or (k) Fish in violation of the terms or any other statute administered by conditions of any permit or authoriza- NOAA and/or any regulation or permit tion issued under the Magnuson Act or issued under the Magnuson Act. any other statute administered by (b) Transfer or attempt to transfer, NOAA. directly or indirectly, any U.S.-har- (l) Fail to report catches as required vested fish to any foreign fishing ves- while fishing pursuant to an exempted sel, while such vessel is in the EEZ, un- fishing permit. less the foreign fishing vessel has been (m) On a scientific research vessel, issued a permit under section 204 of the engage in fishing other than rec- Magnuson Act, which authorizes the reational fishing authorized by applica- receipt by such vessel of U.S.- har- ble state or Federal regulations. vested fish. (n) Trade, barter, or sell; or attempt (c) Fail to comply immediately with to trade, barter, or sell fish possessed enforcement and boarding procedures or retained while fishing pursuant to specified in § 600.730. an authorization for an exempted edu- (d) Refuse to allow an authorized offi- cational activity. cer to board a fishing vessel or to enter (o) Harass or sexually harass an au- areas of custody for purposes of con- thorized officer or an observer. ducting any search, inspection, or sei- (p) It is prohibited to violate any zure in connection with the enforce- other provision of this part, the Mag- ment of the Magnuson Act or any other nuson Act or any other statute admin- statute administered by NOAA. istered by NOAA, any notice issued (e) Dispose of fish or parts thereof or under this part, or any other regula- other matter in any manner, after any tion promulgated under the Magnuson communication or signal from an au- Act or any other statute administered thorized officer, or after the approach by NOAA. by an authorized officer or an enforce- ment vessel or aircraft. § 600.730 Facilitation of enforcement. (f) Assault, resist, oppose, impede, in- (a) General. The operator of, or any timidate, threaten, or interfere with other person aboard, any fishing vessel any authorized officer in the conduct of subject to parts 622 through 699 of this any search, inspection, or seizure in chapter must immediately comply connection with enforcement of the with instructions and signals issued by Magnuson Act or any other statute ad- an authorized officer to stop the vessel ministered by NOAA. and with instructions to facilitate safe
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boarding and inspection of the vessel, a safe ladder, if needed, for the author- its gear, equipment, fishing record ized officer and his/her party to come (where applicable), and catch for pur- aboard. poses of enforcing the Magnuson Act or (4) When necessary to facilitate the any other statute administered by boarding or when requested by an au- NOAA and this chapter. thorized officer or observer, provide a (b) Communications. (1) Upon being manrope or safety line, and illumina- approached by a USCG vessel or air- tion for the ladder. craft, or other vessel or aircraft with (5) Take such other actions as nec- an authorized officer aboard, the opera- essary to facilitate boarding and to en- tor of a fishing vessel must be alert for sure the safety of the authorized officer communications conveying enforce- and the boarding party. ment instructions. (d) Signals. The following signals, ex- (2) VHF–FM radiotelephone is the tracted from the International Code of preferred method for communicating Signals, may be sent by flashing light between vessels. If the size of the vessel by an enforcement unit when condi- and the wind, sea, and visibility condi- tions do not allow communications by tions allow, a loudhailer may be used loudhailer or radiotelephone. Knowl- instead of the radio. Hand signals, plac- edge of these signals by vessel opera- ards, high frequency radiotelephone, or tors is not required. However, knowl- voice may be employed by an author- edge of these signals and appropriate ized officer, and message blocks may be action by a vessel operator may pre- dropped from an aircraft. clude the necessity of sending the sig- (3) If other communications are not nal ‘‘L’’ and the necessity for the ves- practicable, visual signals may be sel to stop instantly. (Period (.) means transmitted by flashing light directed a short flash of light; dash (-) means a at the vessel signaled. USCG units will long flash of light.) normally use the flashing light signal (1) ‘‘AA’’ repeated (.-.-) is the call to ‘‘L’’ as the signal to stop. In the Inter- an unknown station. The operator of national Code of Signals, ‘‘L’’ (.–..) the signaled vessel should respond by means ‘‘you should stop your vessel in- identifying the vessel by radio- stantly.’’ (Period (.) means a short telephone or by illuminating the ves- flash of light; dash (–) means a long sel’s identification. flash of light.) (2) ‘‘RY–CY’’ (.-. -.— -.-. -.—) means (4) Failure of a vessel’s operator ‘‘you should proceed at slow speed, a promptly to stop the vessel when di- boat is coming to you.’’ This signal is rected to do so by an authorized officer normally employed when conditions using loudhailer, radiotelephone, flash- allow an enforcement boarding without ing light signal, or other means con- the necessity of the vessel being stitutes prima facie evidence of the of- boarded coming to a complete stop, or, fense of refusal to permit an authorized in some cases, without retrieval of fish- officer to board. ing gear which may be in the water. (5) The operator of a vessel who does (3) ‘‘SQ3’’ (... —.- ...—) means ‘‘you not understand a signal from an en- should stop or heave to; I am going to forcement unit and who is unable to board you.’’ obtain clarification by loudhailer or radiotelephone must consider the sig- [61 FR 32540, June 24, 1996, as amended at 61 nal to be a command to stop the vessel FR 37225, July 17, 1996] instantly. (c) Boarding. The operator of a vessel § 600.735 Penalties. directed to stop must: Any person committing, or fishing (1) Guard Channel 16, VHF–FM, if so vessel used in the commission of a vio- equipped. lation of the Magnuson Act or any (2) Stop immediately and lay to or other statute administered by NOAA maneuver in such a way as to allow the and/or any regulation issued under the authorized officer and his/her party to Magnuson Act, is subject to the civil come aboard. and criminal penalty provisions and (3) Except for those vessels with a civil forfeiture provisions of the Mag- freeboard of 4 ft (1.2 m) or less, provide nuson Act, to this section, to 15 CFR
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part 904 (Civil Procedures), and to nal penalties against the vessel or its other applicable law. owner or operator.
§ 600.740 Enforcement policy. § 600.745 Scientific research activity, (a) The Magnuson Act provides four exempted fishing, and exempted basic enforcement remedies for viola- educational activity. tions, in ascending order of severity, as (a) Scientific research activity. Nothing follows: in this section is intended to inhibit or (1) Issuance of a citation (a type of prevent any scientific research activity warning), usually at the scene of the conducted by a scientific research ves- offense (see 15 CFR part 904, subpart E). sel. Persons planning to conduct sci- (2) Assessment by the Administrator entific research activities in the EEZ of a civil money penalty. are encouraged to submit to the appro- (3) For certain violations, judicial priate Regional Director, Director, or forfeiture action against the vessel and designee, 60 days or as soon as prac- its catch. ticable prior to its start, a scientific (4) Criminal prosecution of the owner or operator for some offenses. It shall research plan for each scientific cruise. be the policy of NMFS to enforce vigor- The Regional Director, Director, or ously and equitably the provisions of designee will acknowledge notification the Magnuson Act by utilizing that of scientific research activity by issu- form or combination of authorized ing to the operator or master of that remedies best suited in a particular vessel, or to the sponsoring institution, case to this end. a letter of acknowledgment. This letter (b) Processing a case under one reme- of acknowledgment is separate and dis- dial form usually means that other tinct from any permit required by any remedies are inappropriate in that other applicable law. If the Regional case. However, further investigation or Director, Director, or designee, after later review may indicate the case to review of a research plan, determines be either more or less serious than ini- that it does not constitute scientific tially considered, or may otherwise re- research but rather fishing, the Re- veal that the penalty first pursued is gional Director, Director, or designee inadequate to serve the purposes of the will inform the applicant as soon as Magnuson Act. Under such cir- practicable and in writing. The Re- cumstances, the Agency may pursue gional Director, Director, or designee other remedies either in lieu of or in may also make recommendations to re- addition to the action originally taken. vise the research plan to make the Forfeiture of the illegal catch does not cruise acceptable as scientific research fall within this general rule and is con- activity or recommend the applicant sidered in most cases as only the ini- request an EFP. In order to facilitate tial step in remedying a violation by identification of activity as scientific removing the ill-gotten gains of the of- research, persons conducting scientific fense. research activities are advised to carry (c) If a fishing vessel for which a per- a copy of the scientific research plan mit has been issued under the Magnu- and the letter of acknowledgment on son Act is used in the commission of an board the scientific research vessel. offense prohibited by section 307 of the Magnuson Act, NOAA may impose per- Activities conducted in accordance mit sanctions, whether or not civil or with a scientific research plan ac- criminal action has been undertaken knowledged by such a letter are pre- against the vessel or its owner or oper- sumed to be scientific research activ- ator. In some cases, the Magnuson Act ity. The presumption may be overcome requires permit sanctions following the by showing that an activity does not assessment of a civil penalty or the im- fit the definition of scientific research position of a criminal fine. In sum, the activity or is outside the scope of the Magnuson Act treats sanctions against scientific research plan. the fishing vessel permit to be the car- (b) Exempted fishing.—(1) General. A rying out of a purpose separate from NMFS Regional Director or Director that accomplished by civil and crimi- may authorize, for limited testing,
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public display, data collection, explor- (v) The species (target and inciden- atory, health and safety, environ- tal) expected to be harvested under the mental cleanup, and/or hazard removal EFP, the amount(s) of such harvest purposes, the target or incidental har- necessary to conduct the exempted vest of species managed under an FMP fishing, the arrangements for disposi- or fishery regulations that would oth- tion of all regulated species harvested erwise be prohibited. Exempted fishing under the EFP, and any anticipated may not be conducted unless author- impacts on marine mammals or endan- ized by an EFP issued by a Regional gered species. Director or Director in accordance (vi) For each vessel covered by the with the criteria and procedures speci- EFP, the approximate time(s) and fied in this section. The Regional Di- place(s) fishing will take place, and the rector or Director may charge a fee to type, size, and amount of gear to be recover the administrative expenses of used. issuing an EFP. The amount of the fee (vii) The signature of the applicant. will be calculated, at least annually, in (viii) The Regional Director or Direc- accordance with procedures of the tor, as appropriate, may request from NOAA Handbook for determining ad- an applicant additional information ministrative costs of each special prod- necessary to make the determinations uct or service; the fee may not exceed required under this section. An incom- such costs. Persons may contact the plete application or an application for appropriate Regional Director or Direc- which the appropriate fee has not been tor to find out the applicable fee. paid will not be considered until cor- (2) Application. An applicant for an rected in writing and the fee paid. An EFP shall submit a completed applica- applicant for an EFP need not be the tion package to the appropriate Re- owner or operator of the vessel(s) for gional Director or Director, as soon as which the EFP is requested. practicable and at least 60 days before (3) Issuance. (i) The Regional Director the desired effective date of the EFP. or Director, as appropriate, will review Submission of an EFP application less each application and will make a pre- than 60 days before the desired effec- liminary determination whether the tive date of the EFP may result in a application contains all of the required delayed effective date because of re- information and constitutes an activ- view requirements. The application ity appropriate for further consider- ation. If the Regional Director or Di- package must include payment of any rector finds that any application does required fee as specified by paragraph not warrant further consideration, (b)(1) of this section, and a written ap- both the applicant and the affected plication that includes, but is not lim- Council(s) will be notified in writing of ited to, the following information: the reasons for the decision. If the Re- (i) The date of the application. gional Director or Director determines (ii) The applicant’s name, mailing ad- that any application warrants further dress, and telephone number. consideration, notification of receipt of (iii) A statement of the purposes and the application will be published in the goals of the exempted fishery for which FEDERAL REGISTER with a brief descrip- an EFP is needed, including justifica- tion of the proposal, and the intent of tion for issuance of the EFP. NMFS to issue an EFP. Interested per- (iv) For each vessel to be covered by sons will be given a 15- to 45-day oppor- the EFP, as soon as the information is tunity to comment and/or comments available and before operations begin will be requested during public testi- under the EFP: mony at a Council meeting. The notifi- (A) A copy of the USCG documenta- cation may establish a cut-off date for tion, state license, or registration of receipt of additional applications to each vessel, or the information con- participate in the same, or a similar, tained on the appropriate document. exempted fishing activity. The Re- (B) The current name, address, and gional Director or Director also will telephone number of the owner and forward copies of the application to the master, if not included on the docu- Council(s), the USCG, and the appro- ment provided for the vessel. priate fishery management agencies of
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affected states, accompanied by the (E) The applicant has failed to dem- following information: onstrate a valid justification for the (A) The effect of the proposed EFP on permit; or the target and incidental species, in- (F) The activity proposed under the cluding the effect on any TAC. EFP could create a significant enforce- (B) A citation of the regulation or ment problem. regulations that, without the EFP, (iv) The decision of a Regional Direc- would prohibit the proposed activity. tor or Director to grant or deny an (C) Biological information relevant EFP is the final action of NMFS. If the to the proposal, including appropriate permit, as granted, is significantly dif- statements of environmental impacts, ferent from the original application, or including impacts on marine mammals is denied, NMFS may publish notifica- and threatened or endangered species. tion in the FEDERAL REGISTER describ- (ii) If the application is complete and ing the exempted fishing to be con- warrants additional consultation, the ducted under the EFP or the reasons Regional Director or Director may con- for denial. sult with the appropriate Council(s) (v) The Regional Director or Director concerning the permit application dur- may attach terms and conditions to ing the period in which comments have the EFP consistent with the purpose of been requested. The Council(s) or the the exempted fishing, including, but Director or Regional Director shall no- not limited to: tify the applicant in advance of any (A) The maximum amount of each meeting at which the application will regulated species that can be harvested be considered, and offer the applicant and landed during the term of the EFP, the opportunity to appear in support of including trip limitations, where ap- the application. propriate. (iii) As soon as practicable after re- (B) The number, size(s), name(s), and ceiving responses from the agencies identification number(s) of the ves- identified in paragraph (b)(3)(i) of this sel(s) authorized to conduct fishing ac- section, and/or after the consultation, tivities under the EFP. if any, described in paragraph (b)(3)(ii) of this section, the Regional Director (C) The time(s) and place(s) where ex- or Director shall notify the applicant empted fishing may be conducted. in writing of the decision to grant or (D) The type, size, and amount of deny the EFP, and, if denied, the rea- gear that may be used by each vessel sons for the denial. Grounds for denial operated under the EFP. of an EFP include, but are not limited (E) The condition that observers, a to, the following: vessel monitoring system, or other (A) The applicant has failed to dis- electronic equipment be carried on close material information required, or board vessels operated under an EFP, has made false statements as to any and any necessary conditions, such as material fact, in connection with his or predeployment notification require- her application; or ments. (B) According to the best scientific (F) Reasonable data reporting re- information available, the harvest to quirements. be conducted under the permit would (G) Other conditions as may be nec- detrimentally affect the well-being of essary to assure compliance with the the stock of any regulated species of purposes of the EFP, consistent with fish, marine mammal, or threatened or the objectives of the FMP and other endangered species in a significant applicable law. way; or (H) Provisions for public release of (C) Issuance of the EFP would have data obtained under the EFP that are economic allocation as its sole pur- consistent with NOAA confidentiality pose; or of statistics procedures at set out in (D) Activities to be conducted under subpart E. An applicant may be re- the EFP would be inconsistent with quired to waive the right to confiden- the intent of this section, the manage- tiality of information gathered while ment objectives of the FMP, or other conducting exempted fishing as a con- applicable law; or dition of an EFP.
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(4) Duration. Unless otherwise speci- thorization will be issued without fied in the EFP or a superseding notice charge. or regulation, an EFP is effective for (2) Application. An applicant for an no longer than 1 year, unless revoked, exempted educational activity author- suspended, or modified. EFPs may be ization shall submit to the appropriate renewed following the application pro- Regional Director or Director, at least cedures in this section. 15 days before the desired effective date (5) Alteration. Any permit that has of the authorization, a written applica- been altered, erased, or mutilated is in- tion that includes, but is not limited valid. to, the following information: (6) Transfer. EFPs issued under this (i) The date of the application. section are not transferable or assign- (ii) The applicant’s name, mailing ad- able. An EFP is valid only for the ves- dress, and telephone number. sel(s) for which it is issued. (iii) A brief statement of the purposes (7) Inspection. Any EFP issued under and goals of the exempted educational this section must be carried on board activity for which authorization is re- the vessel(s) for which it was issued. quested, including a general descrip- The EFP must be presented for inspec- tion of the arrangements for disposi- tion upon request of any authorized of- tion of all species collected. ficer. (iv) Evidence that the sponsoring in- stitution is a valid educational institu- (8) Sanctions. Failure of a permittee tion, such as accreditation by a recog- to comply with the terms and condi- nized national or international accredi- tions of an EFP may be grounds for tation body. revocation, suspension, or modification (v) The scope and duration of the ac- of the EFP with respect to all persons tivity. and vessels conducting activities under (vi) For each vessel to be covered by the EFP. Any action taken to revoke, the authorization: suspend, or modify an EFP for enforce- (A) A copy of the U.S. Coast Guard ment purposes will be governed by 15 documentation, state license, or reg- CFR part 904, subpart D. istration of the vessel, or the informa- (c) Reports. (1) Persons conducting tion contained on the appropriate doc- scientific research activity are re- ument. quested to submit a copy of any cruise (B) The current name, address, and report or other publication created as a telephone number of the owner and result of the cruise, including the master, if not included on the docu- amount, composition, and disposition ment provided for the vessel. of their catch, to the appropriate (vii) The species and amounts ex- Science and Research Director. pected to be caught during the exempt- (2) Persons fishing under an EFP are ed educational activity. required to report their catches to the (viii) For each vessel covered by the appropriate Regional Director or Direc- authorization, the approximate time(s) tor, as specified in the EFP. and place(s) fishing will take place, and (d) Exempted educational activities—(1) the type, size, and amount of gear to be General. A NMFS Regional Director or used. Director may authorize, for edu- (ix) The signature of the applicant. cational purposes, the target or inci- (x) The Regional Director or Director dental harvest of species managed may request from an applicant addi- under an FMP or fishery regulations tional information necessary to make that would otherwise be prohibited. the determinations required under this The decision of a Regional Director or section. An incomplete application will Director to grant or deny an exempted not be considered until corrected in educational activity authorization is writing. the final action of NMFS. Exempted (3) Issuance. (i) The Regional Director educational activities may not be con- or Director, as appropriate, will review ducted unless authorized in writing by each application and will make a deter- a Regional Director or Director in ac- mination whether the application con- cordance with the criteria and proce- tains all of the required information, is dures specified in this section. Such au- consistent with the goals, objectives,
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and requirements of the FMP or regu- (7) Inspection. Any authorization is- lations and other applicable law, and sued under this paragraph (d) must be constitutes a valid exempted edu- carried on board the vessel(s) for which cational activity. The applicant will be it was issued or be in possession of the notified in writing of the decision with- applicant to which it was issued while in 5 working days of receipt of the ap- the exempted educational activity is plication. being conducted. The authorization (ii) The Regional Director or Director must be presented for inspection upon may attach terms and conditions to request of any authorized officer. Ac- the authorization, consistent with the tivities that meet the definition of purpose of the exempted educational fishing, despite an educational purpose, activity, including, but not limited to: are fishing. An authorization may (A) The maximum amount of each allow covered fishing activities; how- regulated species that may be har- ever, fishing activities conducted out- vested. side the scope of an authorization for exempted educational activities are il- (B) The time(s) and place(s) where legal. the exempted educational activity may be conducted. (C) The type, size, and amount of Subpart I—Fishery Negotiation gear that may be used by each vessel Panels operated under the authorization. (D) Reasonable data reporting re- SOURCE: 62 FR 23669, May 1, 1997, unless quirements. otherwise noted. (E) Such other conditions as may be § 600.750 Definitions. necessary to assure compliance with the purposes of the authorization, con- Consensus means unanimous concur- sistent with the objectives of the FMP rence among the members on a Fishery or regulations. Negotiation Panel established under (F) Provisions for public release of this rule, unless such Panel: data obtained under the authorization, (1) Agrees to define such term to mean a general but not unanimous con- consistent with NOAA confidentiality currence; or of statistics procedures in subpart E. (2) agrees upon another specified defi- An applicant may be required to waive nition. the right to confidentiality of informa- Fishery negotiation panel (FNP) means tion gathered while conducting ex- an advisory committee established by empted educational activities as a con- one or more Councils or the Secretary dition of the authorization. in accordance with these regulations to (iii) The authorization will specify assist in the development of fishery the scope of the authorized activity conservation and management meas- and will include, at a minimum, the ures. duration, vessel(s), species and gear in- Interest means, with respect to an volved in the activity, as well as any issue or matter, multiple parties that additional terms and conditions speci- have a similar point of view or that are fied under paragraph (d)(3)(ii) of this likely to be affected in a similar man- section. ner. (4) Duration. Unless otherwise speci- Report means a document submitted fied, authorization for an exempted by an FNP in accordance with the Mag- educational activity is effective for no nuson-Stevens Fishery Conservation longer than 1 year, unless revoked, sus- and Management Act (Magnuson-Ste- pended, or modified. Authorizations vens Act). may be renewed following the applica- tion procedures in this section. § 600.751 Determination of need for a (5) Alteration. Any authorization that fishery negotiation panel. has been altered, erased, or mutilated A Council or NMFS may establish an is invalid. FNP to assist in the development of (6) Transfer. Authorizations issued specific fishery conservation and man- under this paragraph (d) are not trans- agement measures. In determining ferable or assignable. whether to establish an FNP, NMFS or
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the Council, as appropriate, shall con- NMFS, the convener shall ascertain sider whether: the names of persons who are willing (a) There is a need for specific fishery and qualified to represent interests conservation and management meas- that will be significantly affected by ures. the potential conservation and man- (b) There are a limited number of agement measures relevant to the is- identifiable interests that will be sig- sues to be negotiated. The report and nificantly affected by the conservation any recommendations of the convener and management measure. shall be made available to the public (c) There is a reasonable likelihood upon request. that an FNP can be convened with a (c) Selection of facilitator. Notwith- balanced representation of persons standing section 10(e) of the Federal who: Advisory Committee Act (FACA), a (1) Can adequately represent the in- Council or NMFS may nominate a per- terests identified under paragraph (b) son trained in facilitation either from of this section. the Federal Government or from out- (2) Are willing to negotiate in good side the Federal Government to serve faith to reach a consensus on a report as an impartial, neutral facilitator for regarding the issues presented. the negotiations of the FNP, subject to (d) There is a reasonable likelihood the approval of the FNP, by consensus. that an FNP will reach The facilitator may be the same person a consensus on a report regarding the as the convener used under paragraph issues presented within 1 year from (a) of this section. If the FNP does not date of establishment of the FNP. approve the nominee of the Council or (e) The use of an FNP will not unrea- NMFS for facilitator, the FNP shall sonably delay Council or NMFS fishery submit a substitute nomination. If an management plan development or rule- FNP does not approve any nominee of making procedures. the Council or NMFS for facilitator, (f) The costs of establishment and op- the FNP shall select, by consensus, a eration of an FNP are reasonable when person to serve as facilitator. A person compared to fishery management plan designated to represent the Council or development or rulemaking procedures NMFS in substantive issues may not that do not use FNP procedures. serve as facilitator or otherwise chair (g) The Council or NMFS has ade- the FNP. quate resources and is willing to com- (d) Roles and duties of facilitator. A mit such resources, including technical facilitator shall: assistance, to an FNP. (h) The use of an FNP is in the public (1) Chair the meetings of the FNP in interest. an impartial manner. (2) Impartially assist the members of § 600.752 Use of conveners and the FNP in conducting discussions and facilitators. negotiations. (a) Purposes of conveners. A Council or (3) Manage the keeping of minutes NMFS may use the services of a and records as required under section trained convener to assist the Council 10(b) and (c) of FACA. or NMFS in: (1) Conducting discussions to identify the issues of concern, and to § 600.753 Notice of intent to establish a fishery negotiation panel. ascertain whether the establishment of an FNP regarding such matter is fea- (a) Publication of notice. If, after con- sible and appropriate. sidering the report of a convener or (2) Identifying persons who will be conducting its own assessment, a Coun- significantly affected by the issues pre- cil or NMFS decides to establish an sented in paragraph (a)(1) of this sec- FNP, NMFS shall publish in the FED- tion. ERAL REGISTER and, as appropriate, in (b) Duties of conveners. The convener trade or other specialized publications, shall report findings under paragraph a document that shall include: (a)(2) of this section and shall make (1) An announcement that the Coun- recommendations to the Council or cil or NMFS intends to establish an NMFS. Upon request of the Council or FNP to negotiate and develop a report
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concerning specific conservation and (c) Public comment. The Council or management measures. NMFS shall provide at least 30 cal- (2) A description of the subject and endar days for the submission of com- scope of the conservation and manage- ments and applications under this sec- ment measure, and the issues to be tion. considered. (3) A list of the interests that are § 600.754 Decision to establish a fish- likely to be significantly affected by ery negotiation panel. the conservation and management (a) Determination to establish an FNP. measure. If, after considering comments and ap- (4) A list of the persons proposed to plications submitted under § 600.753, the represent such interests and the person Council or NMFS determines that an or persons proposed to represent the FNP can adequately represent the in- Council or NMFS. terests that will be significantly af- (5) A proposed agenda and schedule fected and that it is feasible and appro- for completing the work of the FNP. priate in the particular case, the Coun- (6) A description of administrative cil or NMFS may establish an FNP. support for the FNP to be provided by (b) Determination not to establish FNP. the Council or NMFS, including tech- If, after considering such comments nical assistance. and applications, the Council or NMFS (7) A solicitation for comments on decides not to establish an FNP, the the proposal to establish the FNP, and Council or NMFS shall promptly pub- the proposed membership of the FNP. lish notification of such decision and (8) An explanation of how a person the reasons therefor in the FEDERAL may apply or nominate another person REGISTER and, as appropriate, in trade for membership on the FNP, as pro- or other specialized publications, a vided under paragraph (b) of this sec- copy of which shall be sent to any per- tion. son who applied for, or nominated an- (b) Nomination of members and public other person for membership on the comment. Persons who may be signifi- FNP to represent such interests with cantly affected by the development of respect to the issues of concern. conservation and management measure and who believe that their interests § 600.755 Establishment of a fishery negotiation panel. will not be adequately represented by any person specified in a document (a) General authority. (1) A Council under paragraph (a)(4) of this section may establish an FNP to assist in the may apply for, or nominate another development of specific conservation person for, membership on the FNP to and management measures for a fish- represent such interests. Each applica- ery under its authority. tion or nomination shall include: (2) NMFS may establish an FNP to (1) The name of the applicant or assist in the development of specific nominee and a description of the inter- conservation and management meas- ests such person shall represent. ures required for: (2) Evidence that the applicant or (i) A fishery for which the Secretary nominee is authorized to represent par- has authority under section 304(e)(5) of ties related to the interests the person the Magnuson-Stevens Act, regarding proposes to represent. rebuilding of overfished fisheries; (3) A written commitment that the (ii) A fishery for which the Secretary applicant or nominee shall actively has authority under 16 U.S.C. section participate in good faith in the devel- 304(g), regarding highly migratory spe- opment of the conservation and man- cies; or agement measure under consideration. (iii) Any fishery with the approval of (4) The reasons that the persons spec- the appropriate Council. ified in the document under paragraph (b) Federal Advisory Committee Act (a)(4) of this section do not adequately (FACA) In establishing and administer- represent the interests of the person ing such an FNP, the Council or NMFS submitting the application or nomina- shall comply with the FACA with re- tion. spect to such FNP.
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(c) Balance. Each potentially affected (b) Councils. For an FNP proposed organization or individual does not and established by one or more Coun- necessarily have to have its own rep- cils approved expenses shall be paid out resentative, but each interest must be of the Council’s operating budget. adequately represented. The intent is (c) Expenses of FNP members. Members to have a group that as a whole reflects of an FNP shall be responsible for their a proper balance and mix of interests. own expenses of participation in such Representatives must agree, in writing, an FNP, except that NMFS or the to negotiate in good faith. Council may, in accordance with sec- (d) Membership. The Council or NMFS tion 7(d) of FACA, pay for a member’s shall limit membership on an FNP to reasonable travel and per diem ex- no more than 25 members, unless the penses, and a reasonable rate of com- Council or NMFS determines that a pensation, if: greater number of members is nec- (1) Such member certifies a lack of essary for the functioning of the FNP adequate financial resources to partici- or to achieve balanced membership. pate in the FNP. Each FNP shall include at least one (2) The Council or NMFS determines person representing the Council in ad- that such member’s participation in dition to at least one person represent- the FNP is necessary to assure an ade- ing NMFS. quate representation of the member’s interest. § 600.756 Conduct and operation of a (d) Administrative support. The Coun- fishery negotiation panel. cil or NMFS shall provide appropriate (a) Roles and duties of an FNP. Each administrative support to an FNP in- FNP shall consider the issue proposed cluding technical assistance. by the Council or NMFS for consider- ation and shall attempt to reach a con- § 600.758 Preparation of report. sensus concerning a report to assist in (a) At the conclusion of the negotia- the development of a conservation and tions, an FNP may submit a report. management measure with respect to Such report shall specify: such matter and any other matter the (1) All the areas where consensus was FNP determines is relevant to the de- reached by the FNP, including, if ap- velopment of a conservation and man- propriate, proposed conservation and agement measure. An FNP may adopt management measures. procedures for the operation of the (2) Any other information submitted FNP. by members of the FNP. (b) Roles and duties of representative of (b) Upon receipt of the report, the the council or NMFS. The person or per- Council or NMFS shall publish such re- sons representing the Council or NMFS port in the FEDERAL REGISTER for pub- on an FNP shall participate in the de- lic comment. liberations and activities of the FNP with the same rights and responsibil- § 600.759 Use of report. ities as other members of the FNP, and A Council or NMFS may, at its dis- shall be authorized to fully represent cretion, use all or a part of a report the Council or NMFS in the discussions prepared in accordance with § 600.758 in and negotiations of the FNP. the development of conservation and management measures. Neither a § 600.757 Operational protocols. Council nor NMFS, whichever is appro- (a) Services of conveners and priate, is required to use such report. facilitators. A Council or NMFS may employ or enter into contracts for the § 600.760 Fishery Negotiation Panel services of an individual or organiza- lifetime. tion to serve as a convener or (a) An FNP shall terminate upon ei- facilitator for an FNP established ther: under § 600.755, or may use the services (1) Submission of a report prepared in of a government employee to act as a accordance with § 600.758; or convener or a facilitator for such an (2) Submission of a written state- FNP. ment from the FNP to the Council or
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NMFS that no consensus can be 622.34 Gulf EEZ seasonal and/or area clo- reached. sures. (b) In no event shall an FNP exist for 622.35 South Atlantic EEZ seasonal and/or longer than 1 year from the date of es- area closures. 622.36 Seasonal harvest limitations. tablishment unless granted an exten- 622.37 Minimum sizes. sion. Upon written request by the FNP 622.38 Landing fish intact. to the Council or NMFS, and written 622.39 Bag and possession limits. authorization from the Council or 622.40 Limitations on traps and pots. NMFS (whichever is appropriate), the 622.41 Species specific limitations. Secretary may authorize an extension 622.42 Quotas. for a period not to exceed 6 months. No 622.43 Closures. more than one extension may be grant- 622.44 Commercial trip limits. 622.45 Restrictions on sale/purchase. ed per FNP. 622.46 Prevention of gear conflicts. 622.47 Gulf groundfish trawl fishery. PART 622—FISHERIES OF THE CAR- 622.48 Adjustment of management meas- IBBEAN, GULF, AND SOUTH AT- ures. LANTIC Appendix A to Part 622—Species Tables Appendix B to Part 622—Gulf Areas Subpart A—General Provisions Appendix C to Part 622—Fish Length Meas- urements Sec. Appendix D to Part 622—Specifications for 622.1 Purpose and scope. Certified BRDs 622.2 Definitions and acronyms. AUTHORITY: 16 U.S.C. 1801 et seq. 622.3 Relation to other laws and regula- tions. SOURCE: 61 FR 34934, July 3, 1996, unless 622.4 Permits and fees. otherwise noted. 622.5 Recordkeeping and reporting. 622.6 Vessel and gear identification. Subpart A—General Provisions 622.7 Prohibitions. 622.8 At–sea observer coverage. § 622.1 Purpose and scope. Subpart B—Effort Limitations (a) The purpose of this part is to im- plement the FMPs prepared under the 622.15 Wreckfish individual transferable Magnuson Act by the CFMC, GMFMC, quota (ITQ) system. and/or SAFMC listed in Table 1 of this 622.16 Red snapper individual transferable section. quota (ITQ) system. 622.17 South Atlantic golden crab controlled (b) This part governs conservation access. and management of species included in the FMPs in or from the Caribbean, Subpart C—Management Measures Gulf, Mid-Atlantic, or South Atlantic EEZ, as indicated in Table 1 of this sec- 622.30 Fishing years. tion. For the FMPs noted in the follow- 622.31 Prohibited gear and methods. 622.32 Prohibited and limited-harvest spe- ing table, conservation and manage- cies. ment extends to adjoining state waters 622.33 Caribbean EEZ seasonal and/or area for the purposes of data collection and closures. monitoring.
TABLE 1.ÐFMPS IMPLEMENTED UNDER PART 622
Responsible fishery management FMP title council(s) Geographical area
Atlantic Coast Red Drum FMP SAFMC Mid-Atlantic and South Atlantic. FMP for Coastal Migratory Pelagic Re- GMFMC/SAFMC Gulf,1 Mid-Atlantic 1,2 and South Atlan- sources. tic.1,&thnsp´3 FMP for Coral and Coral Reefs of the Gulf of GMFMC Gulf. Mexico. FMP for Coral, Coral Reefs, and Live/Hard SAFMC South Atlantic. Bottom Habitats of the South Atlantic Re- gion. FMP for Corals and Reef Associated Plants CFMC Caribbean. and Invertebrates of Puerto Rico and the U.S. Virgin Islands.
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TABLE 1.ÐFMPS IMPLEMENTED UNDER PART 622ÐContinued
Responsible fishery management FMP title council(s) Geographical area
FMP for the Golden Crab Fishery of the SAFMC South Atlantic South Atlantic Region. FMP for Queen Conch Resources of Puerto CFMC Caribbean. Rico and the U.S. Virgin Islands. FMP for the Red Drum Fishery of the Gulf of GMFMC Gulf.1 Mexico. FMP for the Reef Fish Fishery of Puerto Rico CFMC Caribbean. and the U.S. Virgin Islands. FMP for the Reef Fish Resources of the Gulf GMFMC Gulf.1 of Mexico. FMP for the Shrimp Fishery of the Gulf of GMFMC Gulf.1 Mexico. FMP for the Shrimp Fishery of the South At- SAFMC South Atlantic. lantic Region. FMP for the Snapper-Grouper Fishery of the SAFMC South Atlantic.1,&thnsp´4 South Atlantic Region. FMP for the Spiny Lobster Fishery of Puerto CFMC Caribbean. Rico and the U.S. Virgin Islands. 1 Regulated area includes adjoining state waters for purposes of data collection and quota monitoring. 2 Only king and Spanish mackerel are managed under the FMP in the Mid-Atlantic. 3 Bluefish are not managed under the FMP in the South Atlantic. 4 Bank, rock, and black sea bass and scup are not managed by the FMP or regulated by this part north of 35°15.3′ N. lat., the latitude of Cape Hatteras Light, NC.
[61 FR 34934, July 3, 1996, as amended at 61 aquacultured live rock permit, as re- FR 43956, Aug. 27, 1996; 61 FR 65483, Dec. 13, quired under § 622.4(a)(3)(iii). 1996] Authorized statistical reporting agent means: § 622.2 Definitions and acronyms. (1) Any person so designated by the In addition to the definitions in the SRD; or Magnuson Act and in § 600.10 of this (2) Any person so designated by the chapter, and the acronyms in § 600.15 of head of any Federal or State agency this chapter, the terms and acronyms that has entered into an agreement used in this part have the following with the Assistant Administrator to meanings: collect fishery data. Allowable chemical means a substance, BRD means bycatch reduction device. generally used to immobilize marine Buoy gear means fishing gear consist- life so that it can be captured alive, ing of a float and one or more weighted that, when introduced into the water, lines suspended therefrom, generally does not take Gulf and South Atlantic long enough to reach the bottom. A prohibited coral and is allowed by Flor- hook or hooks (usually 6 to 10) are on ida for the harvest of tropical fish (e.g., the lines at or near the end. The float quinaldine, quinaldine compounds, or and line(s) drift freely and are re- similar substances). trieved periodically to remove catch Allowable octocoral means an erect, and rebait hooks. nonencrusting species of the subclass Carapace length means the straight- Octocorallia, except the seafans line distance from the orbital notch in- Gorgonia flabellum and G. ventalina, plus side the orbital spine, in a line parallel the attached substrate within 1 inch to the lateral rostral sulcus, to the pos- (2.54 cm) of an allowable octocoral. terior margin of the cephalothorax. NOTE: An erect, nonencrusting species of (See Figure 1 in Appendix C of this the subclass Octocorallia, except the seafans part.) Gorgonia flabellum and G. ventalina, with at- Caribbean means the Caribbean Sea tached substrate exceeding 1 inch (2.54 cm) is around Puerto Rico and the U.S. Virgin considered to be live rock and not allowable Islands. octocoral. Caribbean conch resource means one or Aquacultured live rock means live rock more of the following species, or a part that is harvested under a Federal thereof:
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(1) Atlantic triton’s trumpet, (1) Bluefish, Pomatomus saltatrix (Gulf Charonia variegata. of Mexico only). (2) Cameo helmet, Cassis (2) Cero, Scomberomorus regalis. madagascarensis. (3) Cobia, Rachycentron canadum. (3) Caribbean helmet, Cassis tuberosa. (4) Dolphin, Coryphaena hippurus (4) Caribbean vase, Vasum muricatum. (5) King mackerel, Scomberomorus (5) Flame helmet, Cassis flammea. cavalla. (6) Green star shell, Astrea tuber. (6) Little tunny, Euthynnus (7) Hawkwing conch, Strombus alletteratus. raninus. (7) Spanish mackerel, Scomberomorus (8) Milk conch, Strombus costatus. maculatus. means marine habitat in (9) Queen conch, Strombus gigus. Coral area the Gulf or South Atlantic EEZ where (10) Roostertail conch, Strombus coral growth abounds, including patch gallus. reefs, outer bank reefs, deep water (11) True tulip, Fasciolaria tulipa. banks, and hard bottoms. (12) West Indian fighting conch, Dealer, in addition to the definition Strombus pugilis. specified in § 600.15 of this chapter, (13) Whelk (West Indian top shell), means the person who first receives Cittarium pica. rock shrimp harvested from the EEZ Caribbean coral reef resource means upon transfer ashore. one or more of the species, or a part Drift gillnet, for the purposes of this thereof, listed in Table 1 in Appendix A part, means a gillnet, other than a run- of this part, whether living or dead. around gillnet, that is unattached to Caribbean prohibited coral means, in the ocean bottom, whether or not at- the Caribbean; a gorgonian, that is, a tached to a vessel. Caribbean coral reef resource of the Fish trap means— Class Anthozoa, Subclass Octocorallia, (1) In the Caribbean EEZ, a trap and Order Gorgonacea; a live rock; or a its component parts (including the stony coral, that is, a Caribbean coral lines and buoys), regardless of the con- reef resource of the Class Hydrozoa struction material, used for or capable (fire corals and hydrocorals) or of the of taking finfish. Class Anthozoa, Subclass Hexacorallia, (2) In the Gulf EEZ, a trap and its Orders Scleractinia (stony corals) and component parts (including the lines Antipatharia (black corals); or a part and buoys), regardless of the construc- thereof. tion material, used for or capable of Caribbean reef fish means one or more taking finfish, except a trap histori- of the species, or a part thereof, listed cally used in the directed fishery for in Table 2 in Appendix A of this part. crustaceans (that is, blue crab, stone Caribbean spiny lobster means the spe- crab, and spiny lobster). cies Panulirus argus, or a part thereof. (3) In the South Atlantic EEZ, a trap CFMC means the Caribbean Fishery and its component parts (including the Management Council. lines and buoys), regardless of the con- Charter vessel means a vessel less struction material, used for or capable than 100 gross tons (90.8 mt) that meets of taking fish, except a sea bass pot, a the requirements of the USCG to carry golden crab trap, or a crustacean trap six or fewer passengers for hire and (that is, a type of trap historically used that carries a passenger for hire at any in the directed fishery for blue crab, time during the calendar year. A char- stone crab, red crab, jonah crab, or ter vessel with a commercial permit, as spiny lobster and that contains at any required under § 622.4(a)(2), is consid- time not more than 25 percent, by ered to be operating as a charter vessel number, of fish other than blue crab, when it carries a passenger who pays a stone crab, red crab, jonah crab, and fee or when there are more than three spiny lobster). persons aboard, including operator and Fork length means the straight-line crew. distance from the tip of the head Coastal migratory pelagic fish means (snout) to the rear center edge of the one or more of the following species, or tail (caudal fin). (See Figure 2 in Ap- a part thereof: pendix C of this part.)
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Golden crab means the species bing of a trawl net, between the points Chaceon fenneri, or a part thereof. at which the upper lip (top edge) of the Golden crab trap means any trap used mouth of the net are attached to sleds, or possessed in association with a di- doors, or other devices that spread the rected fishery for golden crab in the net. South Atlantic EEZ, including any Live rock means living marine orga- trap that contains a golden crab in or nisms, or an assemblage thereof, at- from the South Atlantic EEZ or any tached to a hard substrate, including trap on board a vessel that possesses dead coral or rock (excluding individ- golden crab in or from the South At- ual mollusk shells). lantic EEZ. MAFMC means the Mid-Atlantic GMFMC means the Gulf of Mexico Fishery Management Council. Fishery Management Council. Mid-Atlantic means the Atlantic Gulf means the Gulf of Mexico. The Ocean off the Atlantic coastal states line of demarcation between the Atlan- from the boundary between the New tic Ocean and the Gulf of Mexico is England Fishery Management Council specified in § 600.105(c) of this chapter. and the MAFMC, as specified in Gulf reef fish means one or more of § 600.105(a) of this chapter, to the the species, or a part thereof, listed in boundary between the MAFMC and the Table 3 in Appendix A of this part. SAFMC, as specified in § 600.105(b) of Gulf and South Atlantic prohibited this chapter. coral means, in the Gulf and South At- Migratory group, for king and Spanish lantic, one or more of the following, or mackerel, means a group of fish that a part thereof: may or may not be a separate genetic (1) Coral belonging to the Class stock, but that is treated as a separate Hydrozoa (fire corals and hydrocorals). stock for management purposes. King (2) Coral belonging to the Class and Spanish mackerel are divided into Anthozoa, Subclass Hexacorallia, Or- migratory groups—the Atlantic migra- ders Scleractinia (stony corals) and tory group and the Gulf migratory Antipatharia (black corals). group. The boundaries between these (3) A seafan, Gorgonia flabellum or G. groups are as follows: ventalina. (1) King mackerel—(i) Summer separa- (4) Coral in a coral reef, except for al- tion. From April 1 through October 31, lowable octocoral. the boundary separating the Gulf and (5) Coral in an HAPC, including al- Atlantic migratory groups of king lowable octocoral. mackerel is 25°48′ N. lat., which is a HAPC means habitat area of particu- line directly west from the Monroe/Col- lar concern. lier County, FL, boundary to the outer Headboat means a vessel that holds a limit of the EEZ. valid Certificate of Inspection issued (ii) Winter separation. From Novem- by the USCG to carry passengers for ber 1 through March 31, the boundary hire. A headboat with a commercial separating the Gulf and Atlantic mi- vessel permit, as required under gratory groups of king mackerel is § 622.4(a)(2), is considered to be operat- 29°25′ N. lat., which is a line directly ing as a headboat when it carries a pas- east from the Volusia/Flagler County, senger who pays a fee or— FL, boundary to the outer limit of the (1) In the case of persons aboard fish- EEZ. ing for or possessing South Atlantic (2) Spanish mackerel. The boundary snapper-grouper, when there are more separating the Gulf and Atlantic mi- persons aboard than the number of gratory groups of Spanish mackerel is crew specified in the vessel’s Certifi- 25°20.4′ N. lat., which is a line directly cate of Inspection; or east from the Dade/Monroe County, (2) In the case of persons aboard fish- FL, boundary to the outer limit of the ing for or possessing coastal migratory EEZ. pelagic fish or Gulf reef fish, when Off Florida means the waters in the there are more than three persons Gulf and South Atlantic from 30°42′45.6″ aboard, including operator and crew. N. lat., which is a line directly east Headrope length means the distance, from the seaward terminus of the Geor- measured along the forwardmost web- gia/Florida boundary, to 87°31′06″ W.
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long., which is a line directly south Red drum, also called redfish, means from the Alabama/Florida boundary. Sciaenops ocellatus, or a part thereof. Off Georgia means the waters in the Red snapper means Lutjanus South Atlantic from a line extending campechanus, or a part thereof, one of in a direction of 104° from true north the Gulf reef fish species. from the seaward terminus of the Regional Director (RD), for the pur- South Carolina/Georgia boundary to poses of this part, means the Director, 30°42′45.6″ N. lat., which is a line di- Southeast Region, NMFS (see Table 1 rectly east from the seaward terminus of § 600.502 of this chapter). of the Georgia/Florida boundary. Run-around gillnet means a gillnet Off Louisiana, Mississippi, and Ala- with a float line 1,000 yd (914 m) or less bama means the waters in the Gulf in length that, when used, encloses an other than off Florida and off Texas. area of water. Off North Carolina means the waters SAFMC means the South Atlantic in the South Atlantic from 36°34′55″ N. Fishery Management Council. lat., which is a line directly east from Sale or sell means the act or activity the Virginia/North Carolina boundary, of transferring property for money or to a line extending in a direction of credit, trading, or bartering, or at- 135°34′55″ from true north from the tempting to so transfer, trade, or bar- North Carolina/South Carolina bound- ter. Science and Research Director (SRD), ary, as marked by the border station for the purposes of this part, means the on Bird Island at 33°51′07.9″ N. lat., Science and Research Director, South- 78°32′32.6″ W. long. east Fisheries Science Center, NMFS Off South Carolina means the waters (see Table 1 of § 600.502 of this chapter). in the South Atlantic from a line ex- ° ′ ″ Sea bass pot means a trap has six rec- tending in a direction of 135 34 55 from tangular sides and does not exceed 25 true north from the North Carolina/ inches (63.5 cm) in height, width, or South Carolina boundary, as marked depth. by the border station on Bird Island at ° ′ ″ ′ ′ ″ Shrimp means one or more of the fol- 33 51 07.9 N. lat., 78 32 32.6 W. long., to lowing species, or a part thereof: a line extending in a direction of 104° (1) Brown shrimp, Penaeus aztecus. from true north from the seaward ter- (2) Pink shrimp, Penaeus duorarum. minus of the South Carolina/Georgia (3) Rock shrimp, Sicyonia brevirostris. boundary. (4) Royal red shrimp, Pleoticus Off Texas means the waters in the robustus. ° ′ Gulf west of a rhumb line from 29 32.1 (5) Seabob shrimp, Xiphopenaeus ° ′ ° ′ N. lat., 93 47.7 W. long. to 26 11.4 N. kroyeri. ° ′ lat., 92 53 W. long., which line is an ex- (6) White shrimp, Penaeus setiferus. tension of the boundary between Lou- SMZ means special management isiana and Texas. zone. Penaeid shrimp trawler means any ves- South Atlantic means the Atlantic sel that is equipped with one or more Ocean off the Atlantic coastal states trawl nets whose on-board or landed from the boundary between the catch of brown, pink, or white shrimp MAFMC and the SAFMC, as specified (penaeid shrimp) is more than 1 per- in § 600.105(b) of this chapter, to the cent, by weight, of all fish comprising line of demarcation between the Atlan- its on-board or landed catch. tic Ocean and the Gulf of Mexico, as Powerhead means any device with an specified in § 600.105(c) of this chapter. explosive charge, usually attached to a South Atlantic snapper-grouper means speargun, spear, pole, or stick, that one or more of the species, or a part fires a projectile upon contact. thereof, listed in Table 4 in Appendix A Processor means a person who proc- of this part. esses fish or fish products, or parts Total length (TL), for the purposes of thereof, for commercial use or con- this part, means the straight-line dis- sumption. tance from the tip of the snout to the Purchase means the act or activity of tip of the tail (caudal fin), excluding buying, trading, or bartering, or at- any caudal filament, while the fish is tempting to buy, trade, or barter. lying on its side. The mouth of the fish
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may be closed and/or the tail may be (5) Biscayne National Park (16 U.S.C. squeezed together to give the greatest 410gg). overall measurement. (See Figure 2 in (6) Gray’s Reef National Marine Appendix C of this part.) Sanctuary (15 CFR Part 938). Toxic chemical means any substance, (7) Monitor Marine Sanctuary (15 other than an allowable chemical, that, CFR part 924). when introduced into the water, can (c) For allowable octocoral, if a state stun, immobilize, or take marine life. has a catch, landing, or gear regulation Trip means a fishing trip, regardless that is more restrictive than a catch, of number of days duration, that begins landing, or gear regulation in this part, with departure from a dock, berth, a person landing in such state allow- beach, seawall, or ramp and that termi- able octocoral taken from the Gulf or nates with return to a dock, berth, South Atlantic EEZ must comply with beach, seawall, or ramp. the more restrictive state regulation. Try net, also called test net, means a (d) General provisions on facilitation net pulled for brief periods by a shrimp of enforcement, penalties, and enforce- trawler to test for shrimp concentra- ment policy applicable to all domestic tions or determine fishing conditions fisheries are set forth in §§ 600.730, (e.g., presence or absence of bottom de- 600.735, and 600.740 of this chapter, re- bris, jellyfish, bycatch, seagrasses). spectively. Wild live rock means live rock other than aquacultured live rock. (e) An activity that is otherwise pro- Wreckfish means the species Polyprion hibited by this part may be conducted americanus, or a part thereof, one of the if authorized as scientific research ac- South Atlantic snapper-grouper spe- tivity, exempted fishing, or exempted cies. educational activity, as specified in § 600.745 of this chapter. [61 FR 34934, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 FR 47448, Sept. 9, § 622.4 Permits and fees. 1996; 61 FR 65483, Dec. 13, 1996; 62 FR 18539, Apr. 16, 1997] (a) Permits required. To conduct ac- tivities in fisheries governed in this § 622.3 Relation to other laws and reg- part, valid Federal permits are re- ulations. quired as follows: (a) The relation of this part to other (1) Charter vessel/headboat permits. For laws is set forth in § 600.705 of this a person aboard a vessel that is operat- chapter and paragraphs (b) and (c) of ing as a charter vessel or headboat to this section. fish for or possess coastal migratory (b) Except for regulations on allow- pelagic fish, Gulf reef fish, or South At- able octocoral, Gulf and South Atlantic lantic snapper-grouper in or from the prohibited coral, and live rock, this EEZ, a charter vessel/headboat permit part is intended to apply within the for coastal migratory pelagic fish, Gulf EEZ portions of applicable National reef fish, or South Atlantic snapper- Marine Sanctuaries and National grouper, respectively, must have been Parks, unless the regulations govern- issued to the vessel and must be on ing such Sanctuaries or Parks prohibit board. A charter vessel or headboat their application. Regulations on al- may have both a charter vessel/ lowable octocoral, Gulf and South At- headboat permit and a commercial ves- lantic prohibited coral, and live rock sel permit. However, when a vessel is do not apply within the EEZ portions operating as a charter vessel or of the following National Marine Sanc- headboat, a person aboard must adhere tuaries and National Parks: to the bag limits. (1) Everglades National Park (36 CFR (2) Commercial vessel permits and en- 7.45). dorsements—(i) Fish traps in the Gulf. (2) Looe Key National Marine Sanc- For a person to possess or use a fish tuary (15 CFR part 937). trap in the EEZ in the Gulf of Mexico, (3) Fort Jefferson National Monu- a commercial vessel permit for Gulf ment (36 CFR 7.27). reef fish with a fish trap endorsement (4) Key Largo Coral Reef National must have been issued to the vessel and Marine Sanctuary (15 CFR part 929). must be on board. See paragraph (n) of
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this section regarding fish trap en- gage in the directed fishery for tilefish dorsements. in the South Atlantic EEZ, to use a (ii) Gillnets for king mackerel in the longline to fish for South Atlantic Florida west coast subzone. For a person snapper-grouper in the South Atlantic aboard a vessel to use a run-around EEZ, or to use a sea bass pot in the gillnet for king mackerel in the Flor- South Atlantic EEZ north of 28°35.1′ N. ida west coast subzone (see lat. (due east of the NASA Vehicle As- § 622.42(c)(1)(i)(A)(3)), a commercial ves- sembly Building, Cape Canaveral, FL), sel permit for king and Spanish mack- a commercial vessel permit for South erel with a gillnet endorsement must Atlantic snapper-grouper must have have been issued to the vessel and must been issued to the vessel and must be be on board. See paragraph (o) of this on board. A vessel with longline gear section for restrictions on addition or and more than 200 lb (90.7 kilograms) of deletion of a gillnet endorsement. tilefish aboard is considered to be in (iii) [Reserved] the directed fishery for tilefish. It is a (iv) King and Spanish mackerel. For a rebuttable presumption that a fishing person aboard a vessel to be eligible for vessel with more than 200 lb of tilefish exemption from the bag limits and to aboard harvested such tilefish in the fish under a quota for king or Spanish EEZ. To obtain or renew a commercial mackerel in or from the Gulf, Mid-At- vessel permit for South Atlantic snap- lantic, or South Atlantic EEZ, a com- per-grouper, more than 50 percent of mercial vessel permit for king and the applicant’s earned income must Spanish mackerel must have been is- have been derived from commercial sued to the vessel and must be on fishing, that is, sale of fish harvested board. To obtain or renew a commer- from the applicant’s vessels, or from cial vessel permit for king and Spanish charter or headboat operations; or mackerel, at least 10 percent of the ap- gross sales of fish harvested from the plicant’s earned income must have owner’s, operator’s, corporation’s, or been derived from commercial fishing, partnership’s vessels must have been that is, sale of fish harvested from the greater than $20,000, during one of the 3 applicant’s vessels, during one of the 3 calendar years preceding the applica- calendar years preceding the applica- tion. tion. (v) Gulf reef fish. For a person aboard (vii) Wreckfish. For a person aboard a a vessel to be eligible for exemption vessel to fish for wreckfish in the from the bag limits, to fish under a South Atlantic EEZ, possess wreckfish quota, or to sell Gulf reef fish in or in or from the South Atlantic EEZ, off- from the Gulf EEZ, a commercial ves- load wreckfish from the South Atlantic sel permit for Gulf reef fish must have EEZ, or sell wreckfish in or from the been issued to the vessel and must be South Atlantic EEZ, a commercial ves- on board. To obtain or renew a com- sel permit for wreckfish must have mercial vessel permit for Gulf reef fish, been issued to the vessel and must be more than 50 percent of the applicant’s on board. To obtain a commercial ves- earned income must have been derived sel permit for wreckfish, the applicant from commercial fishing, that is, sale must be a wreckfish shareholder; and of fish harvested from the applicant’s either the shareholder must be the ves- vessels, or from charter or headboat sel owner or the owner or operator operations during either of the 2 cal- must be an employee, contractor, or endar years preceding the application. agent of the shareholder. (See § 622.15 See paragraph (m) of this section re- for information on wreckfish share- garding a moratorium on commercial holders.) vessel permits for Gulf reef fish and (viii) South Atlantic rock shrimp. For a limited exceptions to the earned in- person aboard a vessel to fish for rock come requirement for a permit. shrimp in the South Atlantic EEZ or (vi) South Atlantic snapper-grouper. possess rock shrimp in or from the For a person aboard a vessel to be eligi- South Atlantic EEZ, a commercial ves- ble for exemption from the bag limits sel permit for rock shrimp must be is- for South Atlantic snapper-grouper in sued to the vessel and must be on or from the South Atlantic EEZ, to en- board.
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(ix) Gulf red snapper. Effective (A) Landing in Florida fish or other through December 31, 1997, as a pre- marine organisms taken with an allow- requisite for exemption from the trip able chemical in a coral area. limit for red snapper specified in (B) Landing allowable octocoral in § 622.44(e)(1), a commercial vessel per- Florida. mit for Gulf reef fish with a red snap- (C) Landing live rock in Florida. per endorsement must have been issued (vi) Wild live rock permits. A Federal to the vessel and must be on board. permit is required for a vessel to take (3) Coral permits—(i) Allowable chemi- or possess wild live rock in or from the cal. For an individual to take or pos- Gulf EEZ. To be eligible for a wild live sess fish or other marine organisms rock vessel permit, the current owner with an allowable chemical in a coral of the vessel for which the permit is re- area, other than fish or other marine quested must have had the required organisms that are landed in Florida, a Florida permit and endorsements for Federal allowable chemical permit live rock on or before February 3, 1994, must have been issued to the individ- and a record of landings of live rock on ual. Such permit must be available or before February 3, 1994, as docu- when the permitted activity is being mented on trip tickets received by the conducted and when such fish or other Florida Department of Environmental marine organisms are possessed, Protection before March 15, 1994. For through landing ashore. landings other than in Florida, equiva- (ii) Allowable octocoral. For an indi- lent state permits/endorsements, if re- vidual to take or possess allowable quired, and landing records may be octocoral in the Gulf or South Atlantic substituted for the Florida permits/en- EEZ, other than allowable octocoral dorsements and trip tickets. An owner that is landed in Florida, a Federal al- will not be issued permits in numbers lowable octocoral permit must have exceeding the number of vessels for been issued to the individual. Such per- which the owning entity had the req- mit must be available for inspection uisite reported landings. An owner of a when the permitted activity is being conducted and when allowable permitted vessel may transfer the ves- octocoral is possessed, through landing sel permit to another vessel owned by ashore. the same person by returning the exist- (iii) Aquacultured live rock. For a per- ing permit with an application for a son to take or possess aquacultured vessel permit for the replacement ves- live rock in the Gulf or South Atlantic sel. No wild live rock vessel permits EEZ, a Federal aquacultured live rock will be issued after the quota for wild permit must have been issued for the live rock in the Gulf, as specified in specific harvest site. Such permit, or a § 622.42(b)(2), is reached or after Decem- copy, must be on board a vessel depos- ber 31, 1996. iting or possessing material on an (4) Dealer permits. For a dealer to re- aquacultured live rock site or harvest- ceive Gulf reef fish, golden crab har- ing or possessing live rock from an vested from the South Atlantic EEZ, aquacultured live rock site. South Atlantic snapper-grouper, rock (iv) Prohibited coral. A Federal permit shrimp harvested from the South At- may be issued to take or possess Gulf lantic EEZ, or wreckfish, a dealer per- and South Atlantic prohibited coral or mit for Gulf reef fish, golden crab, Caribbean prohibited coral only as sci- South Atlantic snapper-grouper, rock entific research activity, exempted shrimp, or wreckfish, respectively, fishing, or exempted educational activ- must be issued to the dealer. To obtain ity. See § 600.745 of this chapter for the a dealer permit, the applicant must procedures and limitations for such ac- have a valid state wholesaler’s license tivities and fishing. in the state(s) where the dealer oper- (v) Florida permits. Appropriate Flor- ates, if required by such state(s), and ida permits and endorsements are re- must have a physical facility at a fixed quired for the following activities, location in such state(s). without regard to whether they involve (b) Applications for permits. Applica- activities in the EEZ or Florida’s wa- tion forms for all permits are available ters: from the RD. Completed application
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forms and all required supporting docu- (2) Dealer permits. (i) The application ments must be submitted to the RD at for a dealer permit must be submitted least 30 days prior to the date on which by the owner (in the case of a corpora- the applicant desires to have the per- tion, an officer or shareholder; in the mit made effective. All vessel permits case of a partnership, a general part- are mailed to owners, whether the ap- ner). plicant is an owner or an operator. (ii) An applicant must provide the (1) Coral permits. (i) The applicant for following: a coral permit must be the individual (A) A copy of each state wholesaler’s who will be conducting the activity license held by the dealer. that requires the permit. In the case of a corporation or partnership that will (B) Name, address, telephone number, be conducting live rock aquaculture date the business was formed, and activity, the applicant must be the other identifying information of the principal shareholder or a general part- business. ner. (C) The address of each physical fa- (ii) An applicant must provide the cility at a fixed location where the following: business receives fish. (A) Name, address, telephone num- (D) Name, address, telephone num- ber, and other identifying information ber, other identifying information, and of the applicant. official capacity in the business of the (B) Name and address of any affili- applicant. ated company, institution, or organiza- (E) Any other information that may tion. be necessary for the issuance or admin- (C) Information concerning vessels, istration of the permit, as specified on harvesting gear/methods, or fishing the application form. areas, as specified on the application (3) Vessel permits. (i) The application form. for a commercial vessel permit, other (D) Any other information that may than for wreckfish, or for a charter ves- be necessary for the issuance or admin- sel/headboat permit must be submitted istration of the permit. (E) If applying for an aquacultured by the owner (in the case of a corpora- live rock permit, identification of each tion, an officer or shareholder; in the vessel that will be depositing material case of a partnership, a general part- on or harvesting aquacultured live ner) or operator of the vessel. A com- rock from the proposed aquacultured mercial vessel permit that is issued live rock site, specification of the port based on the earned income qualifica- of landing of aquacultured live rock, tion of an operator is valid only when and a site evaluation report prepared that person is the operator of the ves- pursuant to generally accepted indus- sel. The applicant for a commercial try standards that— vessel permit for wreckfish must be a (1) Provides accurate coordinates of wreckfish shareholder. the proposed harvesting site so that it (ii) An applicant must provide the can be located using LORAN or Global following: Positioning System equipment; (A) A copy of the vessel’s valid USCG (2) Shows the site on a chart in suffi- certificate of documentation or, if not cient detail to determine its size and documented, a copy of its valid state allow for site inspection; registration certificate. (3) Discusses possible hazards to safe (B) Vessel name and official number. navigation or hindrance to vessel traf- fic, traditional fishing operations, or (C) Name, address, telephone number, other public access that may result and other identifying information of from aquacultured live rock at the site; the vessel owner and of the applicant, (4) Describes the naturally occurring if other than the owner. bottom habitat at the site; and (D) Any other information concern- (5) Specifies the type and origin of ing the vessel, gear characteristics, material to be deposited on the site principal fisheries engaged in, or fish- and how it will be distinguishable from ing areas, as specified on the applica- the naturally occurring substrate. tion form.
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(E) Any other information that may (f) Duration. A permit remains valid be necessary for the issuance or admin- for the period specified on it unless it istration of the permit, as specified on is revoked, suspended, or modified pur- the application form. suant to subpart D of 15 CFR part 904 (F) If applying for a commercial ves- or the vessel or dealership is sold. sel permit, documentation, as specified (g) Transfer. A vessel permit or en- in the instructions accompanying each dorsement or dealer permit issued application form, showing that applica- under this section is not transferable ble eligibility requirements of para- or assignable, except as provided in graph (a)(2) of this section have been paragraph (m) of this section for a met. commercial vessel permit for Gulf reef (G) If a fish trap or sea bass pot will fish, in paragraph (n) of this section for be used, the number, dimensions, and a fish trap endorsement, or in para- estimated cubic volume of the traps/ graph (p) of this section for a red snap- pots that will be used and the appli- per endorsement. A person who ac- cant’s desired color code for use in quires a vessel or dealership who de- identifying his or her vessel and buoys sires to conduct activities for which a (white is not an acceptable color code). permit or endorsement is required (c) Change in application information. must apply for a permit or endorse- The owner or operator of a vessel with ment in accordance with the provisions of this section. If the acquired vessel or a permit or a dealer with a permit dealership is currently permitted, the must notify the RD within 30 days application must be accompanied by after any change in the application in- the original permit and a copy of a formation specified in paragraph (b) of signed bill of sale or equivalent acqui- this section. The permit is void if any sition papers. change in the information is not re- (h) Renewal. Although a permit re- ported within 30 days. quired by this section is issued on an (d) Fees. A fee is charged for each per- annual basis, an application for permit mit application submitted under para- renewal is required only every 2 years. graph (b) of this section or under In the interim years, a permit is re- § 622.17(d) and for each fish trap or sea newed automatically (without applica- bass pot identification tag required tion) for a vessel owner or dealer who under § 622.6(b)(1)(i). The amount of has met the specific requirements for each fee is calculated in accordance the requested permit, who has submit- with the procedures of the NOAA Fi- ted all reports required under the Mag- nance Handbook, available from the nuson Act, and who is not subject to a RD, for determining the administrative permit sanction or denial under para- costs of each special product or service. graph (j) of this section. An owner or The fee may not exceed such costs and dealer whose permit is expiring will be is specified with each application form. mailed a notification by the RD ap- The appropriate fee must accompany proximately 2 months prior to expira- each application or request for fish tion of the current permit. That notifi- trap/sea bass pot identification tags. cation will advise the status of the re- (e) Initial issuance. (1) The RD will newal of the permit. That is, the notifi- issue an initial permit at any time to cation will advise that the renewed an applicant if the application is com- permit will be issued without further plete and the specific requirements for action by the owner or dealer, that the the requested permit have been met. permit is not eligible for automatic re- An application is complete when all re- newal, or that a new application is re- quested forms, information, and docu- quired. A notification that a permit is mentation have been received. not eligible for automatic renewal will (2) Upon receipt of an incomplete ap- specify the reasons and will provide an plication, the RD will notify the appli- opportunity for correction of any defi- cant of the deficiency. If the applicant ciencies. A notification that a new ap- fails to correct the deficiency within 30 plication is required will include a days of the date of the RD’s letter of preprinted renewal application. An notification, the application will be automatically renewed permit will be considered abandoned. mailed by the RD approximately 1
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month prior to expiration of the old (3) An owner whose earned income permit. A vessel owner or dealer who qualified for the commercial vessel per- does not receive a notification of sta- mit for Gulf reef fish may transfer the tus of renewal of a permit by 45 days permit to the owner of another vessel, prior to expiration of the current per- or to the new owner when he or she mit must contact the RD. transfers ownership of the permitted (i) Display. A vessel permit or en- vessel. Such owner of another vessel, or dorsement issued under this section new owner, may receive a commercial must be carried on board the vessel. A vessel permit for Gulf reef fish for his dealer permit issued under this section, or her vessel, and renew it through or a copy thereof, must be available on April 15 following the first full cal- the dealer’s premises. In addition, a endar year after obtaining it, without copy of the dealer’s permit must ac- meeting the earned income require- company each vehicle that is used to ment of paragraph (a)(2)(v) of this sec- pick up from a fishing vessel reef fish tion. However, to further renew the harvested from the Gulf EEZ. The oper- commercial vessel permit, the owner of ator of a vessel must present the per- the other vessel, or new owner, must mit or endorsement for inspection upon meet the earned income requirement the request of an authorized officer. A not later than the first full calendar dealer or a vehicle operator must year after the permit transfer takes present the permit or a copy for inspec- place. tion upon the request of an authorized (4) An owner of a permitted vessel, officer. the permit for which is based on an op- (j) Sanctions and denials. A permit or erator’s earned income and, thus, is endorsement issued pursuant to this valid only when that person is the op- section may be revoked, suspended, or erator of the vessel, may transfer the modified, and a permit or endorsement permit to the income qualifying opera- application may be denied, in accord- tor when such operator becomes an ance with the procedures governing en- owner of a vessel. forcement-related permit sanctions (5) An owner of a permitted vessel, and denials found at subpart D of 15 the permit for which is based on an op- CFR part 904. erator’s earned income and, thus, is (k) Alteration. A permit that is al- valid only when that person is the op- tered, erased, or mutilated is invalid. erator of the vessel, may have the oper- (l) Replacement. A replacement per- ator qualification on the permit re- mit or endorsement may be issued. An moved, and renew it without such qual- application for a replacement permit ification through April 15 following the or endorsement will not be considered first full calendar year after removing a new application. A fee, the amount of it, without meeting the earned income which is stated with the application requirement of paragraph (a)(2)(v) of form, must accompany each request for this section. However, to further renew a replacement. the commercial vessel permit, the (m) Moratorium on commercial vessel owner must meet the earned income re- permits for Gulf reef fish. The provisions quirement not later than the first full of this paragraph (m) are applicable calendar year after the operator quali- through December 31, 2000. fication is removed. To have an opera- (1) No applications for additional tor qualification removed from a per- commercial vessel permits for Gulf reef mit, the owner must return the origi- fish will be accepted. Existing vessel nal permit to the RD with an applica- permits may be renewed, are subject to tion for the changed permit. the restrictions on transfer or change (6) A commercial vessel permit for in paragraphs (m)(2) through (5) of this Gulf reef fish that is not renewed or section, and are subject to the require- that is revoked will not be reissued. A ment for timely renewal in paragraph permit is considered to be not renewed (m)(6) of this section. when an application for renewal is not (2) An owner of a permitted vessel received by the RD within 1 year of the may transfer the commercial vessel expiration date of the permit. permit for Gulf reef fish to another ves- (n) Endorsements for fish traps in the sel owned by the same entity. Gulf. The provisions of this paragraph
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(n) are applicable through February 7, return the originals of the endorsed 2007. After February 7, 2007, no fish trap commercial vessel permit for Gulf reef endorsements are valid. fish and the unendorsed permit to the (1) Only those fish trap endorsements RD with an application for a fish trap that are valid on February 7, 1997, may endorsement for his or her vessel. be renewed. Such endorsements are (5) A fish trap endorsement that is subject to the restrictions on transfer not renewed or that is revoked will not in paragraphs (n)(2) and (3) of this sec- be reissued. Such endorsement is con- tion and are subject to the requirement sidered to be not renewed when an ap- for timely renewal in paragraph (n)(5) plication for renewal is not received by of this section. the RD within 1 year of the expiration (2) Through February 7, 1999, a fish date of the permit. trap endorsement may be transferred (o) Endorsements for the use of gillnets only to a vessel that has a commercial for king and Spanish mackerel in the permit for reef fish. Florida west coast subzone. Other para- (3) After February 7, 1999, a fish trap graphs of this section notwithstand- endorsement is not transferable except ing— as follows: (1) An owner of a vessel that has a (i) An owner of a vessel with a fish commercial vessel permit for king and trap endorsement may transfer the en- Spanish mackerel may add or delete a dorsement to another vessel owned by gillnet endorsement on a permit by re- the same entity. turning to the RD the vessel’s existing (ii) A fish trap endorsement is trans- permit with a written request for addi- ferable upon a change of ownership of a tion or deletion of the gillnet endorse- permitted vessel with such endorse- ment. Such request must be post- ment from one to another of the fol- marked or hand delivered during June, lowing: Husband, wife, son, daughter, each year. brother, sister, mother, or father. (iii) When a change of ownership of a (2) A gillnet endorsement may not be vessel with a fish trap endorsement is added or deleted from July 1 through directly related to the disability or May 31 each year, any renewal of the death of the owner, the RD may issue permit during that period notwith- such endorsement, temporarily or per- standing. From July 1 through May 31, manently, with the commercial vessel a permitted vessel that is sold, if per- permit for Gulf reef fish that is issued mitted by the new owner for king and for the vessel under the new owner. Spanish mackerel, will receive a per- Such new owner will be the person mit with or without the gillnet en- specified by the owner or his/her legal dorsement as was the case for the ves- guardian, in the case of a disabled sel under the previous owner. From owner, or by the will or executor/ad- July 1 through May 31, the initial com- ministrator of the estate, in the case of mercial vessel permit for king and a deceased owner. (Paragraphs (m)(3) Spanish mackerel issued for a vessel and (4) of this section apply for the new to the fishery will be issued with- transfer of a commercial vessel permit out a gillnet endorsement. for Gulf reef fish upon disability or (p) Gulf red snapper endorsements. This death of an owner.) paragraph (p) is effective through De- (iv) A fish trap endorsement may be cember 31, 1997. transferred to a vessel with a commer- (1) Based on documented historical cial vessel permit for Gulf reef fish red snapper landings from the Gulf of whose owner has a record of landings of 5,000 lb (2,269 kg), round weight, or its reef fish from fish traps in the Gulf equivalent in eviscerated weight, per EEZ, as reported on fishing vessel year in 2 of the years 1990, 1991, and logbooks received by the SRD, from 1992, Gulf red snapper endorsements November 20, 1992, through February 6, have been issued for vessels that have 1994, and who was unable to obtain a commercial permits for Gulf reef fish. fish trap endorsement for the vessel In cases where a red snapper endorse- with the reported landings. ment is issued based on the qualifica- (4) The owner of a vessel that is to re- tions of an operator, the validity of ceive a transferred endorsement must that endorsement is conditioned on
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that named operator being aboard and § 622.5 Recordkeeping and reporting. in charge of the permitted vessel. Participants in fisheries governed in (2) A Gulf red snapper endorsement is this part are required to keep records invalid upon sale of the vessel; how- and report as follows. ever, an owner of a vessel with a red (a) Commercial vessel owners and oper- snapper endorsement may transfer the ators—(1) Requirements by species—(i) endorsement to another vessel owned Coastal migratory pelagic fish. The owner by the same entity by returning the ex- or operator of a vessel that fishes for or isting endorsement with an application lands coastal migratory pelagic fish for for an endorsement for the replacement sale in or from the Gulf or South At- vessel. lantic EEZ or adjoining state waters, (3) Paragraph (p)(2) of this section or whose vessel is issued a commercial notwithstanding— permit for king and Spanish mackerel, (i) In the event that a vessel with a as required under § 622.4(a)(2)(iv), who is selected to report by the SRD must Gulf red snapper endorsement has a maintain a fishing record on a form change of ownership that is directly re- available from the SRD and must sub- lated to the disability or death of the mit such record as specified in para- owner, the RD may issue a red snapper graph (a)(2) of this section. endorsement, temporarily or perma- (ii) Gulf reef fish. The owner or opera- nently, with the commercial permit for tor of a vessel for which a commercial Gulf reef fish that is issued for the ves- permit for Gulf reef fish has been is- sel under the new owner. Such new sued, as required under § 622.4(a)(2)(v), owner will be the person specified by or whose vessel fishes for or lands reef the owner or his/her legal guardian, in fish in or from state waters adjoining the case of a disabled owner, or by the the Gulf EEZ, who is selected to report will or executor/administrator of the by the SRD must maintain a fishing estate, in the case of a deceased owner. record on a form available from the (Paragraphs (m)(3) and (4) of this sec- SRD and must submit such record as tion apply for the transfer of a com- specified in paragraph (a)(2) of this sec- mercial vessel permit for Gulf reef fish tion. upon disability or death of an owner.) (iii) Gulf shrimp. The owner or opera- tor of a vessel that fishes for shrimp in (ii) In the event of the disability or the Gulf EEZ or in adjoining state wa- death of an operator whose presence ters, or that lands shrimp in an adjoin- aboard a vessel is a condition for the ing state, must provide information for validity of a Gulf red snapper endorse- any fishing trip, as requested by the ment, the RD may revise and reissue SRD, including, but not limited to, ves- an endorsement, temporarily or perma- sel identification, gear, effort, amount nently, to the permitted vessel. Such of shrimp caught by species, shrimp revised endorsement will contain the condition (heads on/heads off), fishing name of a substitute operator specified areas and depths, and person to whom by the operator or his/her legal guard- sold. ian, in the case of a disabled operator, (iv) South Atlantic snapper-grouper. or by the will or executor/adminis- (A) The owner or operator of a vessel trator of the estate, in the case of a de- for which a commercial permit for ceased operator. As was the case with South Atlantic snapper-grouper has the replaced endorsement, the presence been issued, as required under of the substitute operator aboard and § 622.4(a)(2)(vi), or whose vessel fishes in charge of the vessel is a condition for or lands South Atlantic snapper- for the validity of the revised endorse- grouper in or from state waters adjoin- ment. Such revised endorsement will ing the South Atlantic EEZ, who is se- be reissued only with the concurrence lected to report by the SRD must of the vessel owner. maintain a fishing record on a form available from the SRD and must sub- [61 FR 34937, July 3, 1996, as amended at 61 mit such record as specified in para- FR 43956, Aug. 27, 1996; 61 FR 47448, Sept 9, graph (a)(2) of this section. 1996; 61 FR 48414, Sept. 13, 1996; 62 FR 13986, (B) The wreckfish shareholder under Mar. 25, 1997] § 622.15, or operator of a vessel for
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which a commercial permit for grouper in or from state waters adjoin- wreckfish has been issued, as required ing the Gulf or South Atlantic EEZ, under § 622.4(a)(2)(vii), must maintain a who is selected to report by the SRD fishing record on a form available from must maintain a fishing record for the SRD and must submit such record each trip, or a portion of such trips as as specified in paragraph (a)(2) of this specified by the SRD, on forms pro- section. vided by the SRD and must submit (C) The wreckfish shareholder under such record as specified in paragraph § 622.15, or operator of a vessel for (b)(2) of this section. which a commercial permit for (2) Reporting deadlines—(i) Charter ves- wreckfish has been issued, as required sels. Completed fishing records required under § 622.4(a)(2)(vii), must make by paragraph (b)(1) of this section for available to an authorized officer upon charter vessels must be submitted to request all records of offloadings, pur- the SRD weekly, postmarked not later chases, or sales of wreckfish. than 7 days after the end of each week (v) South Atlantic golden crab. The (Sunday). Information to be reported is owner or operator of a vessel for which indicated on the form and its accom- a commercial permit for golden crab panying instructions. has been issued, as required under (ii) Headboats. Completed fishing § 622.17(a), who is selected to report by records required by paragraph (b)(1) of the SRD must maintain a fishing this section for headboats must be sub- record on a form available from the mitted to the SRD monthly and must SRD. either be made available to an author- (2) Reporting deadlines. (i) Completed ized statistical reporting agent or be fishing records required by paragraphs postmarked not later than 7 days after (a)(1)(i), (ii), and (iv) of this section the end of each month. Information to must be submitted to the SRD post- be reported is indicated on the form marked not later than 7 days after the and its accompanying instructions. end of each fishing trip. If no fishing (c) Dealers—(1) Coastal migratory pe- occurred during a calendar month, a lagic fish. (i) A person who purchases report so stating must be submitted on coastal migratory pelagic fish from a one of the forms postmarked not later fishing vessel, or person, that fishes for than 7 days after the end of that or lands such fish in or from the EEZ month. Information to be reported is or adjoining state waters who is se- indicated on the form and its accom- lected to report by the SRD must sub- panying instructions. mit information on forms provided by (ii) Reporting forms required in para- the SRD. This information must be graph (a)(1)(v) of this section must be submitted to the SRD at monthly in- submitted to the SRD postmarked not tervals, postmarked not later than 5 later than 30 days after sale of the days after the end of each month. Re- golden crab offloaded from a trip. If no porting frequency and reporting dead- fishing occurred during a calendar lines may be modified upon notifica- month, a report so stating must be sub- tion by the SRD. If no coastal migra- mitted on one of the forms postmarked tory pelagic fish were received during a not later than 7 days after the end of calendar month, a report so stating that month. Information to be reported must be submitted on one of the forms, is indicated on the form and its accom- in accordance with the instructions on panying instructions. the form, and must be postmarked not (b) Charter vessel/headboat owners and later than 5 days after the end of the operators—(1) Coastal migratory pelagic month. The information to be reported fish, reef fish, and snapper-grouper. The is as follows: owner or operator of a vessel for which (A) Dealer’s or processor’s name and a charter vessel/headboat permit for address. coastal migratory pelagic fish, Gulf (B) County where fish were landed. reef fish, or South Atlantic snapper- (C) Total poundage of each species re- grouper has been issued, as required ceived during that month, or other re- under § 622.4(a)(1), or whose vessel quested interval. fishes for or lands such coastal migra- (D) Average monthly price paid for tory pelagic fish, reef fish, or snapper- each species.
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(E) Proportion of total poundage upon notification by the SRD. If no landed by each gear type. reef fish were received during a cal- (ii) Alternate SRD. For the purposes of endar month, a report so stating must paragraph (c)(1)(i) of this section, in be submitted on one of the forms, post- the states from New York through Vir- marked not later than 5 days after the ginia, or in the waters off those states, end of the month. ‘‘SRD’’ means the Science and Re- (iii) The operator of a car or truck search Director, Northeast Fisheries that is used to pick up from a fishing Science Center, NMFS (see Table 1 of vessel reef fish harvested from the Gulf § 600.502 of this chapter), or a designee. must maintain a record containing the (2) Gulf red drum. A dealers or proc- name of each fishing vessel from which essor who purchases red drum har- reef fish on the car or truck have been vested from the Gulf who is selected to received. The vehicle operator must report by the SRD must report to the provide such record for inspection upon SRD such information as the SRD may the request of an authorized officer. request and in the form and manner as (4) Gulf shrimp. A person who pur- the SRD may require. The information chases shrimp from a vessel, or person, required to be submitted must include, that fishes for shrimp in the Gulf EEZ but is not limited to, the following: or in adjoining state waters, or that (i) Dealer’s or processor’s name and lands shrimp in an adjoining state, address. must provide the following information (ii) State and county where red drum when requested by the SRD: were landed. (i) Name and official number of the (iii) Total poundage of red drum re- vessel from which shrimp were received ceived during the reporting period, by or the name of the person from whom each type of gear used for harvest. shrimp were received, if received from (3) Gulf reef fish. A person who pur- other than a vessel. chases Gulf reef fish from a fishing ves- sel, or person, that fishes for or lands (ii) Amount of shrimp received by such fish in or from the EEZ or adjoin- species and size category for each re- ing state waters must maintain records ceipt. and submit information as follows: (iii) Exvessel value, by species and (i) A dealer must maintain at his/her size category, for each receipt. principal place of business a record of (5) South Atlantic snapper-grouper. (i) Gulf reef fish that he/she receives. The A person who purchases South Atlantic record must contain the name of each snapper-grouper that were harvested fishing vessel from which reef fish were from the EEZ or from adjoining state received and the date, species, and waters and who is selected to report by quantity of each receipt. A dealer must the SRD and a dealer who has been is- retain such record for at least 1 year sued a dealer permit for wreckfish, as after receipt date and must provide required under § 622.4(a)(4), must pro- such record for inspection upon the re- vide information on receipts of South quest of an authorized officer or the Atlantic snapper-grouper and prices SRD. paid, by species, on forms available (ii) When requested by the SRD, a from the SRD. The required informa- dealer must provide information from tion must be submitted to the SRD at his/her record of Gulf reef fish received monthly intervals, postmarked not the total poundage of each species re- later than 5 days after the end of the ceived during the month, average month. Reporting frequency and re- monthly price paid for each species by porting deadlines may be modified market size, and proportion of total upon notification by the SRD. If no poundage landed by each gear type. South Atlantic snapper-grouper were This information must be provided on received during a calendar month, a re- forms available from the SRD and port so stating must be submitted on must be submitted to the SRD at one of the forms, postmarked not later monthly intervals, postmarked not than 5 days after the end of the month. later than 5 days after the end of the However, during complete months en- month. Reporting frequency and re- compassed by the wreckfish spawning- porting deadlines may be modified season closure (that is, February and
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March), a wreckfish dealer is not re- (i) Permit number of site and date of quired to submit a report stating that deposit. no wreckfish were received. (ii) Geological origin of material de- (ii) A dealer reporting South Atlantic posited. snapper-grouper other than wreckfish (iii) Amount of material deposited. may submit the information required (iv) Source of material deposited, in paragraph (c)(5)(i) of this section via that is, where obtained, if removed facsimile (fax). from another habitat, or from whom (iii) A dealer who has been issued a purchased. dealer permit for wreckfish, as re- (3) A person who takes aquacultured quired under § 622.4(a)(4), must make live rock must submit a report of har- available to an authorized officer upon vest to the RD. Specific reporting re- request all records of offloadings, pur- quirements will be provided with the chases, or sales of wreckfish. permit. This reporting requirement is (6) South Atlantic golden crab. A dealer waived for aquacultured live rock that who receives from a fishing vessel gold- is landed in Florida. en crab harvested from the South At- (e) Additional data and inspection. Ad- lantic EEZ and who is selected by the ditional data will be collected by au- SRD must provide information on re- thorized statistical reporting agents ceipts of, and prices paid for, South At- and by authorized officers. A person lantic golden crab to the SRD at who fishes for or possesses species in or monthly intervals, postmarked not from the EEZ governed in this part is later than 5 days after the end of each required to make the applicable fish or month. Reporting frequency and re- parts thereof available for inspection porting deadlines may be modified by the SRD or an authorized officer upon notification by the SRD. upon request. (7) South Atlantic rock shrimp. (i) A (f) Commercial vessel, charter vessel, dealer who has been issued a permit for and headboat inventory. The owner or rock shrimp, as required under operator of a commercial vessel, char- § 622.4(a)(4), and who is selected by the ter vessel, or headboat operating in a SRD must provide information on re- fishery governed in this part who is not ceipts of rock shrimp and prices paid selected to report by the SRD under on forms available from the SRD. The paragraph (a) or (b) of this section required information must be submit- must provide the following information ted to the SRD at monthly intervals when interviewed by the SRD: postmarked not later than 5 days after (1) Name and official number of ves- the end of each month. Reporting fre- sel and permit number, if applicable. quencies and reporting deadlines may (2) Length and tonnage. be modified upon notification by the (3) Current home port. SRD. (4) Fishing areas. (ii) On demand, a dealer who has been (5) Ports where fish were offloaded issued a dealer permit for rock shrimp, during the last year. as required under § 622.4(a)(4), must (6) Type and quantity of gear. make available to an authorized officer (7) Number of full- and part-time all records of offloadings, purchases, or fishermen or crew members. sales of rock shrimp. [61 FR 34940, July 3, 1996, as amended at 61 (d) Individuals with coral or live rock FR 43956, Aug. 27, 1996; 61 FR 47448, Sept. 9, permits. (1) An individual with a Fed- 1996] eral allowable octocoral permit must submit a report of harvest to the SRD. § 622.6 Vessel and gear identification. Specific reporting requirements will be (a) Vessel identification—(1) Applicabil- provided with the permit. ity—(i) Official number. A vessel for (2) A person with a Federal which a permit has been issued under aquacultured live rock permit must re- § 622.4 or § 622.17, and a vessel that port to the RD each deposition of ma- fishes for or possesses shrimp in the terial on a site. Such reports must be Gulf EEZ, must display its official postmarked not later than 7 days after number— deposition and must contain the fol- (A) On the port and starboard sides of lowing information: the deckhouse or hull and, for vessels
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over 25 ft (7.6 m) long, on an appro- or any other material on board ob- priate weather deck, so as to be clearly structs the view of the official number visible from an enforcement vessel or or the color code, if applicable, from an aircraft. enforcement vessel or aircraft. (B) In block arabic numerals perma- (b) Gear identification—(1) Traps or nently affixed to or painted on the ves- pots—(i) Caribbean EEZ. A fish trap or sel in contrasting color to the back- spiny lobster trap used or possessed in ground. the Caribbean EEZ must display the of- (C) At least 18 inches (45.7 cm) in ficial number specified for the vessel height for vessels over 65 ft (19.8 m) by Puerto Rico or the U.S. Virgin Is- long; at least 10 inches (25.4 cm) in lands so as to be easily identified. height for vessels over 25 ft (7.6 m) (ii) Gulf and South Atlantic EEZ. A long; and at least 3 inches (7.6 cm) in fish trap used or possessed in the Gulf height for vessels 25 ft (7.6 m) long or EEZ and a sea bass pot used or pos- less. sessed in the South Atlantic EEZ, or a (ii) Official number and color code. The fish trap or sea bass pot on board a ves- following vessels must display their of- sel with a commercial permit for Gulf ficial number as specified in paragraph reef fish or South Atlantic snapper- (a)(1)(i) of this section and, in addition, grouper, must have a valid identifica- must display their assigned color code: tion tag issued by the RD attached. A A vessel for which a fish trap endorse- golden crab trap used or possessed in ment has been issued, as required the South Atlantic EEZ or on board a under § 622.4(a)(2)(i); a vessel for which vessel with a commercial permit for a permit has been issued to fish with a golden crab must have the commercial sea bass pot, as required under vessel permit number permanently af- § 622.4(a)(2)(vi); a vessel in the commer- fixed so as to be easily distinguished, cial Caribbean reef fish fishery fishing located, and identified; an identifica- with traps; and a vessel in the Carib- tion tag issued by the RD may be used bean spiny lobster fishery. Color codes for this purpose but is not required. required for the Caribbean reef fish (2) Buoys. A buoy must display the fishery and Caribbean spiny lobster assigned number and color code so as fishery are assigned by Puerto Rico or to be easily distinguished, located, and the U.S. Virgin Islands, whichever is identified as follows— applicable; color codes required in all (i) Caribbean EEZ. Each buoy must other fisheries are assigned by the RD. display the official number and color The color code must be displayed— code specified for the vessel by Puerto (A) On the port and starboard sides of Rico or the U.S. Virgin Islands, which- the deckhouse or hull and, for vessels ever is applicable. over 25 ft (7.6 m) long, on an appro- (ii) Gulf and South Atlantic EEZ. Each priate weather deck, so as to be clearly buoy must display the number and visible from an enforcement vessel or color code assigned by the RD. In the aircraft. Gulf EEZ, a buoy must be attached to (B) In the form of a circle perma- each trap, or each end trap if traps are nently affixed to or painted on the ves- connected by a line. In the South At- sel. lantic EEZ, buoys are not required to (C) At least 18 inches (45.7 cm) in di- be used, but, if used, each buoy must ameter for vessels over 65 ft (19.8 m) display the number and color code. long; at least 10 inches (25.4 cm) in di- However, no color code is required on a ameter for vessels over 25 ft (7.6 m) buoy attached to a golden crab trap. long; and at least 3 inches (7.6 cm) in (c) Presumption of ownership. A Carib- diameter for vessels 25 ft (7.6 m) long or bean spiny lobster trap, a fish trap, a less. golden crab trap, or a sea bass pot in (2) Duties of operator. The operator of the EEZ will be presumed to be the a vessel specified in paragraph (a)(1) of property of the most recently docu- this section must keep the official mented owner. This presumption will number and the color code, if applica- not apply with respect to such traps ble, clearly legible and in good repair and pots that are lost or sold if the and must ensure that no part of the owner reports the loss or sale within 15 fishing vessel, its rigging, fishing gear, days to the RD.
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(d) Unmarked traps, pots, or buoys. An (j) Use or possess prohibited gear or unmarked Caribbean spiny lobster methods or possess fish in association trap, a fish trap, a golden crab trap, a with possession or use of prohibited sea bass pot, or a buoy deployed in the gear, as specified in § 622.31. EEZ is illegal and may be disposed of (k) Fish for, harvest, or possess a pro- in any appropriate manner by the As- hibited species, or a limited-harvest sistant Administrator or an authorized species in excess of its limitation, sell officer. or purchase such species, fail to comply [61 FR 34934, July 3, 1996, as amended at 61 with release requirements, or molest or FR 43957, Aug. 27, 1996] strip eggs from a Caribbean spiny lob- ster, as specified in § 622.32. § 622.7 Prohibitions. (l) Fish in violation of the prohibi- In addition to the general prohibi- tions, restrictions, and requirements tions in § 600.725 of this chapter, it is applicable to seasonal and/or area clo- unlawful for any person to do any of sures, including but not limited to: the following: Prohibition of all fishing, gear restric- (a) Engage in an activity for which a tions, restrictions on take or retention valid Federal permit is required under of fish, fish release requirements, and § 622.4 or § 622.17 without such permit. restrictions on use of an anchor or (b) Falsify information on a permit grapple, as specified in § 622.33, § 622.34, application or submitted with such ap- or § 622.35, or as may be specified under plication, as specified in § 622.4 (b) or § 622.46 (b) or (c). (g) or § 622.17. (m) Harvest, possess, offload, sell, or (c) Fail to display a permit or en- purchase fish in excess of the seasonal dorsement, as specified in § 622.4(i) or harvest limitations, as specified in § 622.17(g). § 622.36. (d) Falsify or fail to maintain, sub- (n) Except as allowed under § 622.37(c) mit, or provide information required to (2) and (3) for king and Spanish mack- be maintained, submitted, or provided, erel, possess undersized fish, fail to re- as specified in § 622.5 (a) through (f). lease undersized fish, or sell or pur- (e) Fail to make a fish, or parts chase undersized fish, as specified in thereof, available for inspection, as § 622.37. specified in § 622.5(e). (o) Fail to maintain a fish intact (f) Falsify or fail to display and through offloading ashore, as specified maintain vessel and gear identifica- in § 622.38. tion, as specified in § 622.6 (a) and (b). (p) Exceed a bag or possession limit, (g) Fail to comply with any require- as specified in § 622.39. ment or restriction regarding ITQ cou- (q) Fail to comply with the limita- pons, as specified in § 622.15(c)(3), (c)(5), tions on traps and pots, including but (c)(6), or (c)(7). not limited to: Tending requirements, (h) Possess wreckfish as specified in constructions requirements, and area § 622.15(c)(4), receive wreckfish except specific restrictions, as specified in as specified in § 622.15(c)(7), or offload a § 622.40. wreckfish except as specified in § 622.15 (r) Fail to comply with the species- (d)(3) and (d)(4). specific limitations, as specified in (i) Transfer— § 622.41. (1) A wreckfish, as specified in (s) Fail to comply with the restric- § 622.15(d)(1); tions that apply after closure of a fish- (2) A limited-harvest species, as spec- ery, as specified in § 622.43. ified in § 622.32(c) introductory text; (t) Possess on board a vessel or land, (3) A species/species group subject to purchase, or sell fish in excess of the a bag limit, as specified § 622.39(a)(1); commercial trip limits, as specified in (4) South Atlantic snapper-grouper § 622.44. from a vessel with unauthorized gear (u) Fail to comply with the restric- on board, as specified in tions on sale/purchase, as specified in § 622.41(d)(2)(iii); or § 622.45. (5) A species subject to a commercial (v) Interfere with fishing or obstruct trip limit, as specified in § 622.44. or damage fishing gear or the fishing
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vessel of another, as specified in working decks, holding bins, weight § 622.46(a). scales, holds, and any other space used (w) Fail to comply with the require- to hold, process, weigh, or store golden ments for observer coverage as speci- crab. fied in § 622.10. (5) Allow the observer to inspect and (x) Assault, resist, oppose, impede, copy the vessel’s log, communications intimidate, or interfere with a NMFS- logs, and any records associated with approved observer aboard a vessel. the catch and distribution of golden (y) Prohibit or bar by command, im- crab for that trip. pediment, threat, coercion, or refusal [61 FR 43957, Aug. 27, 1996] of reasonable assistance, an observer from conducting his or her duties aboard a vessel. Subpart B—Effort Limitations (z) Fish for or possess golden crab in § 622.15 Wreckfish individual transfer- or from a designated fishing zone of the able quota (ITQ) system. South Atlantic EEZ other than the The provisions of this section apply zone for which the vessel is permitted, to wreckfish in or from the South At- as specified in § 622.17(h). lantic EEZ. [61 FR 34934, July 3, 1996, as amended at 61 (a) Percentage shares. (1) In accord- FR 43957, Aug. 27, 1996; 61 FR 48415, Sept. 13, ance with the procedure specified in 1996] the Fishery Management Plan for the Snapper-Grouper Fishery of the South § 622.8 At-sea observer coverage. Atlantic Region, percentage shares of (a) If a vessel’s trip is selected by the the quota for wreckfish have been as- SRD for observer coverage, the owner signed. Each person has been notified or operator of a vessel for which a com- by the RD of his or her percentage mercial permit for golden crab has share and shareholder certificate num- been issued, as required under ber. § 622.17(a), must carry a NMFS-ap- (2) All or a portion of a person’s per- proved observer. centage shares may be transferred to (b) When notified in writing by the another person. Transfer of shares SRD that his or her vessel has been se- must be reported on a form available lected to carry an NMFS-approved ob- from the RD. The RD will confirm, in server, an owner or operator must ad- writing, each transfer of shares. The ef- vise the SRD in writing not less than 5 fective date of each transfer is the con- days in advance of each trip of the fol- firmation date provided by the RD. The lowing: confirmation date will normally be not (1) Departure information (port, later than 3 working days after receipt dock, date, and time). of a properly completed transfer form. (2) Expected landing information A fee is charged for each transfer of (port, dock, and date). shares. The amount of the fee is cal- (c) An owner or operator of a vessel culated in accordance with the proce- on which a NMFS approved observer is dures of the NOAA Finance Handbook, embarked must: available from the RD, for determining (1) Provide accommodations and food the administrative costs of each spe- that are equivalent to those provided cial product or service provided by to the crew. NOAA to non-Federal recipients. The (2) Allow the observer access to and fee may not exceed such costs and is use of the vessel’s communications specified with each transfer form. The equipment and personnel upon request appropriate fee must accompany each for the transmission and receipt of transfer form. messages related to the observer’s du- (b) Lists of wreckfish shareholders and ties. permitted vessels. Annually, on or about (3) Allow the observer access to and March 1, the RD will provide each use of the vessel’s navigation equip- wreckfish shareholder with a list of all ment and personnel upon request to de- wreckfish shareholders and their per- termine the vessel’s position. centage shares, reflecting share trans- (4) Allow the observer free and unob- actions on forms received through Feb- structed access to the vessel’s bridge, ruary 15. Annually by April 15, the RD
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will provide each dealer who holds a (4) Wreckfish may not be possessed dealer permit for wreckfish, as re- on board a fishing vessel— quired under § 622.4(a)(4), with a list of (i) In an amount exceeding the total vessels for which wreckfish permits of the ITQ coupons on board the vessel; have been issued, as required under (ii) That does not have on board a § 622.4(a)(2)(vii). Annually, by April 15, commercial vessel permit for the RD will provide each wreckfish wreckfish, as required under shareholder with a list of dealers who § 622.4(a)(2)(vii); or have been issued dealer permits for (iii) That does not have on board log- wreckfish. From April 16 through Jan- book forms for that fishing trip, as re- uary 14, updated lists will be provided quired under § 622.5(a)(1)(iv)(B). when required. Updated lists may be (5) Prior to termination of a trip, a obtained at other times or by a person signature and date signed must be af- who is not a wreckfish shareholder or fixed in ink to the ‘‘Fisherman’’ part of wreckfish dealer permit holder by writ- ITQ coupons in denominations equal to ten request to the RD. the eviscerated weight of the wreckfish (c) ITQs. (1) Annually, as soon after on board. The ‘‘Fisherman’’ part of March 1 as the TAC for wreckfish for each such coupon must be separated the fishing year that commences April from the coupon and submitted with 16 is known, the RD will calculate each the logbook forms required by wreckfish shareholder’s ITQ. Each ITQ § 622.5(a)(1)(iv)(B) for that fishing trip. is the product of the wreckfish TAC, in (6) The ‘‘Fish House’’ part of each such coupon must be given to the deal- round weight, for the ensuing fishing er to whom the wreckfish are trans- year, the factor for converting round ferred in amounts totaling the evis- weight to eviscerated weight, and each cerated weight of the wreckfish trans- wreckfish shareholder’s percentage ferred to that dealer. A wreckfish may share, reflecting share transactions re- be transferred only to a dealer who ported on forms received by the RD holds a dealer permit for wreckfish, as through February 15. Thus, the ITQs required under § 622.4(a)(4). will be in terms of eviscerated weight (7) A dealer may receive a wreckfish of wreckfish. only from a vessel for which a commer- (2) The RD will provide each cial permit for wreckfish has been is- wreckfish shareholder with ITQ cou- sued, as required under § 622.4(a)(2)(vii). pons in various denominations, the A dealer must receive the ‘‘Fish total of which equals his or her ITQ, House’’ part of ITQ coupons in amounts and a copy of the calculations used in totaling the eviscerated weight of the determining his or her ITQ. Each cou- wreckfish received; enter the permit pon will be coded to indicate the initial number of the vessel from which the recipient. wreckfish were received, enter the date (3) An ITQ coupon may be transferred the wreckfish were received, enter the from one wreckfish shareholder to an- dealer’s permit number, and sign each other by completing the sale endorse- such ‘‘Fish House’’ part; and submit all ment thereon (that is, the signature such parts with the dealer reports re- and shareholder certificate number of quired by § 622.5(c)(5)(i). the buyer). An ITQ coupon may be pos- (8) An owner or operator of a vessel sessed only by the shareholder to and a dealer must make available to an whom it has been issued, or by the authorized officer all ITQ coupons in shareholder’s employee, contractor, or his or her possession upon request. agent, unless the ITQ coupon has been (d) Wreckfish limitations. (1) A transferred to another shareholder. An wreckfish taken in the South Atlantic ITQ coupon that has been transferred EEZ may not be transferred at sea, re- to another shareholder may be pos- gardless of where the transfer takes sessed only by the shareholder whose place; and a wreckfish may not be signature appears on the coupon as the transferred in the South Atlantic EEZ. buyer, or by the shareholder’s em- (2) A wreckfish possessed by a fisher- ployee, contractor, or agent, and with man or dealer shoreward of the outer all required sale endorsements properly boundary of the South Atlantic EEZ or completed. in a South Atlantic coastal state will
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be presumed to have been harvested tions on the transfer of shares in the from the South Atlantic EEZ unless initial months under the ITQ system.) accompanied by documentation that it Transfer of shares must be reported on was harvested from other than the a form available from the RD. The RD South Atlantic EEZ. will confirm, in writing, the registra- (3) A wreckfish may be offloaded tion of each transfer. The effective from a fishing vessel only between 8 date of each transfer is the confirma- a.m. and 5 p.m., local time. tion date provided by the RD. The con- (4) If a wreckfish is to be offloaded at firmation of registration date will nor- a location other than a fixed facility of mally be not later than 3 working days a dealer who holds a dealer permit for after receipt of a properly completed wreckfish, as required under transfer form. However, reports of § 622.4(a)(4), the wreckfish shareholder share transfers received by the RD or the vessel operator must advise the from November 1 through December 31 NMFS, Office of Enforcement, South- will not be recorded or confirmed until east Region, St. Petersburg, FL, by after January 1. A fee is charged for telephone (1–800–853–1964), of the loca- each transfer of percentage shares. The tion not less than 24 hours prior to off- amount of the fee is calculated in ac- loading. cordance with the procedures of the NOAA Finance Handbook for determin- § 622.16 Red snapper individual trans- ferable quota (ITQ) system. ing the administrative costs of each special product or service provided by The ITQ system established by this NOAA to non-Federal recipients. The section will remain in effect through fee may not exceed such costs and is March 31, 2000, during which time specified with each transfer form. The NMFS and the GMFMC will evaluate appropriate fee must accompany each the effectiveness of the system. Based transfer form. on the evaluation, the system may be (3) On or about January 1 each year, modified, extended, or terminated. the RD will provide each red snapper (a) Percentage shares. (1) Initial per- shareholder with a list of all red snap- centage shares of the annual quota of per shareholders and their percentage red snapper are assigned to persons in accordance with the procedure speci- shares, reflecting share transfers as in- fied in Amendment 8 to the Fishery dicated on properly completed transfer Management Plan for the Reef Fish forms received through October 31. Up- Fishery of the Gulf of Mexico (FMP) dated lists may be obtained at other and in paragraphs (c)(1) through (c)(4) times, and by persons who are not red of this section. Each person is notified snapper shareholders, by written re- by the RD of his or her initial percent- quest to the RD. age shares. If additional shares become (b) ITQs. (1) Annually, as soon after available to NMFS, such as by forfeit- November 15 as the following year’s red ure pursuant to subpart F of 15 CFR snapper quota is established, the RD part 904 for rule violations, such shares will calculate each red snapper share- will be proportionately reissued to holder’s ITQ in terms of eviscerated shareholders based on their shares as of weight. Each ITQ is the product of the November 1, after the additional shares red snapper quota, in round weight, for become available. If NMFS is required the ensuing fishing year, the factor for to issue additional shares, such as may converting round weight to eviscerated be required in the resolution of dis- weight, and each red snapper share- putes, existing shares will be propor- holder’s percentage share, reflecting tionately reduced. This reduction of share transfers reported on forms re- shares will be based on shares as of No- ceived by the RD through October 31. vember 1 after the required addition of (2) The RD will provide each red shares. snapper shareholder with ITQ coupons (2) All or a portion of a person’s per- in various denominations, the total of centage shares may be transferred to which equals his or her ITQ, and a copy another person who is a U.S. citizen or of the calculations used in determining permanent resident alien. (See para- his or her ITQ. Each coupon will be graph (c)(5) of this section for restric- coded to indicate the initial recipient.
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(3) An ITQ coupon may be trans- authorized officer all ITQ coupons in ferred. If the transfer is by sale, the his or her possession upon request. seller must enter the sale price on the (c) Procedures for implementation—(1) coupon. Initial shareholders. The following per- (4) Except when the red snapper bag sons are initial shareholders in the red limit applies, red snapper in or from snapper ITQ system: the EEZ or on board a vessel that has (i) Either the owner or operator of a been issued a commercial permit for vessel with a valid permit on August Gulf reef fish, as required under 29, 1995, provided such owner or opera- § 622.4(a)(2)(v), may not be possessed in tor had a landing of red snapper during an amount, in eviscerated weight, ex- the period 1990 through 1992. If the ceeding the total of ITQ coupons on board. (See § 622.39(a) for applicability earned income of an operator was used of the bag limit.) to qualify for the permit that is valid (5) Prior to termination of a trip, the on August 29, 1995, such operator is the operator’s signature and the date initial shareholder rather than the signed must be written in ink on the owner. In the case of an owner, the ‘‘Vessel’’ part of ITQ coupons totaling term ‘‘person’’ includes a corporation at least the eviscerated weight of the or other legal entity; and red snapper on board. An owner or op- (ii) A historical captain. A historical erator of a vessel must separate the captain means an operator who meets ‘‘Vessel’’ part of each such coupon, all of the following qualifications: enter thereon the permit number of the (A) From November 6, 1989, through dealer to whom the red snapper are 1993, fished solely under verbal or writ- transferred, and submit the ‘‘Vessel’’ ten share agreements with an owner, parts with the logbook forms for that and such agreements provided for the fishing trip. An owner or operator of a operator to be responsible for hiring vessel must make available to an au- the crew, who was paid from the share thorized officer all ITQ coupons in his under his or her control. or her possession upon request. (B) Landed from that vessel at least (6) Red snapper harvested from the 5,000 lb (2,268 kg) of red snapper per EEZ or possessed by a vessel with a year in 2 of the 3 years 1990, 1991, and commercial permit for Gulf reef fish, as required under § 622.4(a)(2)(v), may 1992. be transferred only to a dealer with a (C) Derived more than 50 percent of Gulf reef fish permit, as required under his or her earned income from commer- § 622.4(a)(4). The ‘‘Fish House’’ part of cial fishing, that is, sale of the catch, each ITQ coupon must be given to such in each of the years 1989 through 1993. dealer, or the agent or employee of (D) Landed red snapper prior to No- such dealer, in amounts totaling at vember 7, 1989. least the eviscerated weight of the red (2) Initial shares. (i) Initial shares are snapper transferred to that dealer. apportioned to initial shareholders (7) A dealer with a Gulf reef fish per- based on each shareholder’s average of mit may receive red snapper only from the top 2 years’ landings in 1990, 1991, a vessel that has on board a commer- and 1992. However, no person who is an cial permit for Gulf reef fish. A dealer, initial shareholder under paragraph or the agent or employee of a dealer, (c)(1) of this section will receive an ini- must receive the ‘‘Fish House’’ part of tial percentage share that will amount ITQ coupons totaling at least the evis- to less than 100 lb (45.36 kg), round cerated weight of the red snapper re- weight, of red snapper (90 lb (41 kg), ceived. Immediately upon receipt of eviscerated weight). red snapper, the dealer, or the agent or employee of the dealer, must enter the (ii) The percentage shares remaining permit number of the vessel received after the minimum shares have been from and date and sign each such ‘‘Fish calculated under paragraph (c)(2)(i) of House’’ part. The dealer must submit this section are apportioned based on all such parts as required by paragraph each remaining shareholder’s average (d)(6) of this section. A dealer, agent, of the top 2 years’ landings in 1990, 1991, or employee must make available to an and 1992. In a case where a landing is
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associated with an owner and a histori- the landings record of the vessel before cal captain, such landing is appor- his or her ownership only if there is a tioned between the owner and histori- legally binding agreement for transfer cal captain in accordance with the of the landings record. share agreement in effect at the time (iv) Requests for transfers of landings of the landing. records must be submitted to the RD (iii) The determinations of landings and must be postmarked not later than of red snapper during the period 1990 December 14, 1995. The RD may require through 1992 and historical captain sta- documentation supporting such re- tus are made in accordance with the quest. After considering requests for data collected under Amendment 9 to transfers of landings records, the RD the FMP. Those data identify each red will advise each initial shareholder or snapper landing during the period 1990 applicant of his or her tentative alloca- through 1992. Each landing is associ- tion of shares. ated with an owner and, when an opera- (3) Notification of status. The RD will tor’s earned income was used to qualify advise each owner, operator, and his- for the vessel permit at the time of the torical captain for whom NMFS has a landing, with such operator. Where ap- record of a red snapper landing during propriate, a landing is also associated the period 1990 through 1992, including with a historical captain. However, a those who submitted such record under red snapper landings record during that Amendment 9 to the FMP, of his or her period that is associated solely with an tentative status as an initial share- owner may be retained by that owner holder and the tentative landings or transferred as follows: record that will be used to calculate (A) An owner of a vessel with a valid his or her initial share. commercial permit for Gulf reef fish on (4) Appeals. (i) A special advisory August 29, 1995, who transferred a ves- panel, appointed by the GMFMC to sel permit to another vessel owned by function as an appeals board, will con- him or her will retain the red snapper sider written requests from persons landings record for the previous vessel. (B) An owner of a vessel with a valid who contest their tentative status as commercial permit for Gulf reef fish on an initial shareholder, including his- August 29, 1995, will retain the landings torical captain status, or tentative record of a permitted vessel if the ves- landings record. In addition to consid- sel had a change of ownership to an- ering written requests, the board may other entity without a substantive allow personal appearances by such change in control of the vessel. It will persons before the board. be presumed that there was no sub- (ii) The panel is only empowered to stantive change in control of a vessel if consider disputed calculations or deter- a successor in interest received at least minations based on documentation a 50 percent interest in the vessel as a submitted under Amendment 9 to the result of the change of ownership FMP regarding landings of red snapper whether the change of ownership was— during the period 1990 through 1992, in- (1) From a closely held corporation cluding transfers of such landings to its majority shareholder; records, or regarding historical captain (2) From an individual who became status. In addition, the panel may con- the majority shareholder of a closely sider applications and documentation held corporation receiving the vessel; of landings not submitted under (3) Between closely held corporations Amendment 9 if, in the board’s opinion, with a common majority shareholder; there is justification for the late appli- or cation and documentation. The board (4) From one to another of the follow- is not empowered to consider an appli- ing: Husband, wife, son, daughter, cation from a person who believes he or brother, sister, mother, or father. she should be eligible because of hard- (C) In other cases of transfer of a per- ship or other factors. mit through change of ownership of a (iii) A written request for consider- vessel, an owner of a vessel with a valid ation by the board must be submitted commercial permit for Gulf reef fish on to the RD, postmarked not later than August 29, 1995, will receive credit for December 27, 1995, and must contain
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documentation supporting the allega- (3) A copy of the dealer’s permit must tions that form the basis for the re- accompany each vehicle that is used to quest. pick up from a fishing vessel red snap- (iv) The board will meet as necessary per from adjoining state waters har- to consider each request that is sub- vested by or possessed on board a ves- mitted in a timely manner. Members of sel with a commercial permit for Gulf the appeals board will provide their in- reef fish. dividual recommendations for each ap- (4) As a condition of a commercial peal to the GMFMC, which will in turn vessel permit for Gulf reef fish, without submit its recommendation to the RD. regard to where red snapper are har- The board and the GMFMC will rec- vested or possessed, a vessel with such ommend whether the eligibility cri- permit must comply with the red snap- teria, specified in Amendment 8 to the per ITQ requirements of paragraph (b) FMP and paragraphs (c)(1) and (c)(2) of of this section; may not transfer or re- this section, were correctly applied in ceive red snapper at sea; and must each case, based solely on the available maintain red snapper with head and record including documentation sub- fins intact through landing, and the ex- mitted by the applicant. The GMFMC ceptions to that requirement contained will also base its recommendation on in § 622.38(d) do not apply to red snap- the recommendations of the board. The per. Red snapper may be eviscerated, RD will decide the appeal based on the gilled, and scaled but must otherwise above criteria and the available record, be maintained in a whole condition. (5) As a condition of a dealer permit including documentation submitted by for Gulf reef fish, as required under the applicant and the recommendation § 622.4(a)(4) or under paragraph (d)(2) of of the GMFMC. The RD will notify the this section, without regard to where appellant of his decision and the reason red snapper are harvested or possessed, therefor, in writing, normally within 45 a permitted dealer must comply with days of receiving the GMFMC’s rec- the red snapper ITQ requirements of ommendation. The RD’s decision will paragraph (b) of this section. constitute the final administrative ac- (6) In any month that a red snapper is tion by NMFS on an appeal. received, a dealer must submit the re- (v) Upon completion of the appeal port required under § 622.5(c)(3)(ii). The process, the RD will issue share certifi- ‘‘Fish House’’ parts of red snapper indi- cates to initial shareholders. vidual transferable coupons, received (5) Transfers of shares. The following during the month in accordance with restrictions apply to the transfer of paragraph (b) of this section, must be shares: submitted to the SRD with the report. (i) The transfer of shares is prohib- (7) It is unlawful for a person to do ited through September 30, 1996. any of the following: (ii) From October 1, 1996, through (i) Receive red snapper from a fishing September 30, 1997, shares may be vessel without a dealer permit for Gulf transferred only to other persons who reef fish. are initial shareholders and are U.S. (ii) Fail to carry a copy of the deal- citizens or permanent resident aliens. er’s permit, as specified in paragraph (d) Exceptions/additions to general (d)(3) of this section. measures. Other provisions of this part (iii) Fail to comply with a condition notwithstanding— of a permit, as specified in paragraph (1) Management of the red snapper (d)(4) or (d)(5) of this section. ITQ system extends to adjoining state (iv) Fail to report red snapper re- waters in the manner stated in para- ceived, as specified in paragraph (d)(6) graphs (d)(2) and (d)(3) of this section. of this section. (2) For a dealer to receive red snapper EFFECTIVE DATE NOTE: At 61 FR 48415, harvested from state waters adjoining Sept. 13, 1996, § 622.16 was stayed indefinitely. the Gulf EEZ by or possessed on board a vessel with a commercial permit for § 622.17 South Atlantic golden crab Gulf reef fish, the dealer permit for controlled access. Gulf reef fish specified in § 622.4(a)(4) (a) Applicability. For a person aboard must have been issued to the dealer. a vessel to fish for golden crab in the
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South Atlantic EEZ, possess golden Florida and South Carolina. No further crab in or from the South Atlantic documentation or submission of these EEZ, off-load golden crab from the records is required if the applicant was South Atlantic EEZ, or sell golden crab the owner of the harvesting vessel at in or from the South Atlantic EEZ, a the time of the landings documented commercial vessel permit for golden by these records. An applicant will be crab must be issued to the vessel and given printouts of trip ticket records must be on board. It is a rebuttable for landings made when the applicant presumption that a golden crab on owned the harvesting vessel, and an ap- board or off-loaded from a vessel in the plicant will have an opportunity to South Atlantic was harvested from the submit records of landings he or she be- South Atlantic EEZ. lieves should have been included on (b) Initial eligibility. A vessel is eligi- such printouts or to clarify allocation ble for an initial commercial vessel of landings shown on such printouts. permit for golden crab if the owner Landings reported under these trip meets the documentation requirements ticket systems and received by the re- described in paragraph (c) of this sec- spective states prior to December 31, tion substantiating his or her landings 1995, with such adjustments/clarifica- of golden crab harvested from the tions for landings for which there is South Atlantic EEZ in quantities of at adequate documentation that they least 600 lb (272 kg) by April 7, 1995, or should have been included on the print- at least 2,500 lb (1,134 kg) by September outs, are conclusive as to landings in 1, 1995. Only the owner of a vessel at the respective states during the period the time landings occurred may use that landing reports were required or those landings to meet the eligibility voluntarily submitted by a vessel. For requirements described in this para- such time periods, landings data from graph, except if that owner transferred other sources will not be considered for the right to use those landings to a landings in these states. subsequent owner in writing as part of the vessel’s sales agreement. If evi- (2) Additional landings data. (i) An dence of such agreement is provided to owner of a vessel that does not meet the RD, the subsequent owner may use the criteria for initial eligibility for a those landings to meet the eligibility commercial vessel permit based on requirements instead of the owner of landings documented by the trip ticket the vessel at the time the landings oc- systems of Florida or South Carolina curred. may submit documentation of required (c) Documentation of eligibility. The landings that either occurred prior to documentation requirements described the implementation of the respective in this paragraph are the only accept- trip ticket systems or occurred in able means for an owner to establish a North Carolina or Georgia. Acceptable vessel’s eligibility for an initial per- documentation of such landings con- mit. Failure to meet the documenta- sists of trip receipts or dealer records tion requirements, including submis- that definitively show the species sion of data as required, will result in known as golden crab; the vessel’s failure to qualify for an initial com- name, official number, or other ref- mercial vessel permit. Acceptable erence that clearly identifies the ves- sources of documentation include: sel; and dates and amounts of South Landings documented by the trip tick- Atlantic golden crab landings. In addi- et systems of Florida or South Caro- tion, a sworn affidavit may be submit- lina as described in paragraph (c)(1) of ted to document landings. A sworn affi- this section and data substantiating davit is a notarized written statement landings that occurred prior to estab- wherein the individual signing the affi- lishment of the respective trip ticket davit affirms under penalty of perjury systems or landings that occurred in that the information presented is accu- North Carolina or Georgia as described rate to the best of his or her knowl- in paragraph (c)(2) of this section. edge, information, and belief. (1) Trip ticket data. NMFS has access (ii) Documentation by a combination to records of golden crab landings re- of trip receipts and dealer records is ac- ported under the trip ticket systems in ceptable, but duplicate records for the
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same landings will not result in addi- (e) Issuance. (1) The RD will mail an tional credit. initial commercial vessel permit to an (iii) Additional data submitted under applicant no later than October 28, paragraph (c)(2) of this section must be 1996, if the application is complete and attached to a Golden Crab Landings the eligibility requirements specified Data form, which is available from the in paragraph (b) of this section are RD. met. (3) Verification. Documentation of (2) Upon receipt of an incomplete ap- golden crab landings from the South plication that is postmarked or hand- Atlantic EEZ and other information delivered on or before September 26, submitted under this section are sub- 1996, the RD will notify the applicant ject to verification by comparison with of the deficiency. If the applicant fails state, Federal, and other records and to correct the deficiency within 30 days information. Submission of false docu- of the date of the RD’s notification, the mentation or information may dis- application will be considered aban- qualify a person from initial participa- doned. tion under the South Atlantic golden crab controlled access program. (3) The RD will notify an applicant, (d) Application procedure. Permit ap- in writing, no later than October 28, plication forms are available from the 1996, if the RD determines that the ap- RD. An application for an initial com- plicant fails to meet the eligibility re- mercial vessel permit that is post- quirements specified in paragraph (b) marked or hand-delivered after Sep- of this section. tember 26, 1996, will not be accepted. (f) Appeals. (1) An appeal of the RD’s (1) An application for a commercial decision regarding initial permit eligi- vessel permit must be submitted and bility may be submitted to an ad hoc signed by the vessel owner (in the case appeals committee appointed by the of a corporate-owned vessel, an officer SAFMC. or shareholder who meets the require- (2) The appeals committee is empow- ments of paragraph (b) of this section; ered only to deliberate whether the eli- in the case of a partnership-owned ves- gibility criteria specified in paragraph sel, a general partner who meets these (b) of this section were applied cor- requirements). rectly to the appellant’s application. In (2) An owner must provide the follow- making that determination, the ap- ing: peals committee members will consider (i) A copy of the vessel’s valid U.S. only disputed calculations and deter- Coast Guard certificate of documenta- minations based on documentation pro- tion or, if not documented, a copy of vided as specified in paragraph (c) of its valid state registration certificate. this section, including transfers of (ii) Vessel name and official number. landings records. The appeals commit- (iii) Name, address, telephone num- tee is not empowered to consider ber, and other identifying information whether a person should have been eli- of the vessel owner. gible for a commercial vessel permit (iv) Documentation of initial eligi- because of hardship or other factors. bility, as specified in paragraphs (b) (3) A written request for consider- and (c) of this section. ation of an appeal must be submitted (v) The fishing zone in which the ves- within 30 days of the date of the RD’s sel will fish, as specified in paragraph notification denying permit issuance (h) of this section. and must provide written documenta- (vi) Any other information concern- tion supporting the basis for the ap- ing the vessel, gear characteristics, peal. Such a request must contain the principal fisheries engaged in, or fish- appellant’s acknowledgment that the ing areas, as specified on the applica- tion form. confidentiality provisions of the Mag- nuson Act at 16 U.S.C. 1853(d) and sub- (vii) Any other information that may be necessary for the issuance or admin- part E of part 600 of this chapter are istration of the permit, as specified on waived with respect to any information the application form. supplied by the RD to the SAFMC and
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its advisory bodies for purposes of re- (i) Northern zone—the South Atlan- ceiving the recommendations of the ap- tic EEZ north of 28° N. lat. peals committee members on the ap- (ii) Middle zone—the South Atlantic peal. An appellant may also make a EEZ from 25° N. lat. to 28° N. lat. personal appearance before the appeals (iii) Southern zone—the South Atlan- committee. tic EEZ south of 25° N. lat. (4) The appeals committee will meet (2) An owner of a permitted vessel only once to consider appeals submit- may have the zone specified on a per- ted within the time period specified in mit changed only when the change is paragraph (f)(3) of this section. Mem- from the middle or southern zone to bers of the appeals committee will pro- the northern zone. A request for such vide their individual recommendations change must be submitted to the RD for each appeal to the RD. Members of with the existing permit. the appeals committee may comment (i) Transfer. (1) A valid golden crab upon whether the eligibility criteria, permit may be transferred for use by specified in the FMP and in paragraph another vessel by returning the exist- (b) of this section, were correctly ap- ing permit(s) to the RD along with an plied in each case, based solely on the application for a permit for the re- available record, including documenta- placement vessel. tion submitted by the appellant. The (2) To obtain a commercial vessel RD will decide the appeal based on the permit via transfer, the owner of the initial eligibility criteria in paragraph replacement vessel must submit to the (b) of this section and the available RD a valid permit for a vessel with a record, including documentation sub- documented length overall, or permits mitted by the appellant and the rec- for vessels with documented aggregate ommendations and comments from lengths overall, of at least 90 percent of members of the appeals committee. the documented length overall of the replacement vessel. The RD will notify the appellant of the (j) Renewal. (1) In addition to the pro- decision and the reason therefore, in cedures and requirements of § 622.4(h) writing, normally within 30 days of re- for commercial vessel permit renewals, ceiving the recommendation from the for a golden crab permit to be renewed, appeals committee members. The RD’s the SRD must have received reports for decision will constitute the final ad- the permitted vessel, as required by ministrative action by NMFS on an ap- § 622.5(a)(1)(v), documenting that at peal. least 5,000 lb (2,268 kg) of golden crab (g) Display. A commercial vessel per- were landed from the South Atlantic mit issued under this section must be EEZ by the permitted vessel during at carried on board the vessel. The opera- least one of the two 12-month periods tor of a vessel must present the permit immediately prior to the expiration for inspection upon the request of an date of the vessel permit. authorized officer. (2) An existing permit for a vessel (h) Fishing zones. (1) The South At- meeting the minimum golden crab lantic EEZ is divided into three fishing landing requirement specified in para- zones for golden crab. A vessel owner graph (j)(1) of this section may be re- must indicate on the initial applica- newed by following the procedure spec- tion for a commercial vessel permit the ified in paragraph (d) of this section. zone in which the vessel will fish. A However, documentation of the vessel’s permitted vessel may fish for golden initial eligibility need not be resubmit- crab only in the zone shown on its per- ted. mit. A vessel may possess golden crab only in that zone, except that other [61 FR 43957, 43959, Aug. 27, 1996] zones may be transited if the vessel no- tifies NMFS, Office of Enforcement, Subpart C—Management Southeast Region, St. Petersburg, FL, Measures by telephone (813–570–5344) in advance and does not fish in an unpermitted § 622.30 Fishing years. zone. The designated fishing zones are The fishing year for species or species as follows: groups governed in this part is January
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1 through December 31 except for the Atlantic EEZ to fish for coastal migra- following: tory pelagic fish, other than bluefish; (a) Allowable octocoral— October 1 or in the Gulf EEZ to fish for bluefish. through September 30. A vessel in, or having fished on a trip (b) King and Spanish mackerel. The in, the Gulf, Mid-Atlantic, or South At- fishing year for the king and Spanish lantic EEZ with such a gillnet or a mackerel bag limits specified in drift gillnet on board may not have on § 622.39(c)(1) is January 1 through De- board on that trip any of the indicated cember 31. The following fishing years fish. apply only for the king and Spanish (e) Longlines for wreckfish. A bottom mackerel quotas specified in § 622.42(c): longline may not be used to fish for (1) Gulf migratory group king mack- wreckfish in the South Atlantic EEZ. erel— July 1 through June 30. A person aboard a vessel that has a (2) All other migratory groups of king longline on board may not retain a and Spanish mackerel— April 1 through wreckfish in or from the South Atlan- March 31. tic EEZ. For the purposes of this para- (c) Wreckfish— April 16 through April graph, a vessel is considered to have a 15. longline on board when a power-oper- ated longline hauler, a cable of diame- § 622.31 Prohibited gear and methods. ter suitable for use in the longline fish- In addition to the prohibited gear/ ery longer than 1.5 mi (2.4 km) on any methods specified in this section, see reel, and gangions are on board. Re- §§ 622.33, 622.34, and 622.35 for seasonal/ moval of any one of these three ele- area prohibited gear/methods and ments constitutes removal of a § 622.41 for species specific authorized longline. and unauthorized gear/methods. (f) Poisons. (1) A poison, drug, or (a) Explosives. An explosive (except an other chemical may not be used to fish explosive in a powerhead) may not be for Caribbean reef fish in the Caribbean used to fish in the Caribbean, Gulf, or EEZ. South Atlantic EEZ. A vessel fishing in (2) A poison may not be used to take the EEZ for a species governed in this Gulf reef fish in the Gulf EEZ. part, or a vessel for which a permit has (3) A poison may not be used to fish been issued under § 622.4 or § 622.17, may for South Atlantic snapper-grouper in not have on board any dynamite or the South Atlantic EEZ. similar explosive substance. (g) Power-assisted tools. A power-as- (b) Chemicals and plants. A toxic sisted tool may not be used in the Car- chemical may not be used or possessed ibbean EEZ to take a Caribbean coral in a coral area, and a chemical, plant, reef resource or in the Gulf or South or plant-derived toxin may not be used Atlantic EEZ to take allowable to harvest a Caribbean coral reef re- octocoral, prohibited coral, or live source in the Caribbean EEZ. rock. (c) Fish traps. (1) A fish trap may not (h) Powerheads. A powerhead may not be used in the South Atlantic EEZ. be used in the Caribbean EEZ to har- (2) A fish trap may not be used or vest Caribbean reef fish or in the EEZ possessed in the Gulf EEZ west of 85°30′ off South Carolina to harvest South W. long. and, after February 7, 2007, Atlantic snapper-grouper. The posses- may not be used or possessed in the sion of a mutilated Caribbean reef fish Gulf EEZ. in or from the Caribbean EEZ, or a mu- (3) A fish trap used other than where tilated South Atlantic snapper-grouper authorized in paragraph (c) (1) or (2) of in or from the EEZ off South Carolina, this section may be disposed of in any and a powerhead is prima facie evidence appropriate manner by the Assistant that such fish was harvested by a Administrator or an authorized officer. powerhead. (d) Gillnets. A gillnet that has a float (i) Rebreathers and spearfishing gear. line that is more than 1,000 yd (914 m) In the South Atlantic EEZ, a person in length or a drift gillnet may not be using a rebreather may not harvest used in the Gulf, Mid-Atlantic, or South Atlantic snapper-grouper with South Atlantic EEZ to fish for king or spearfishing gear. The possession of Spanish mackerel; in the Gulf or South such snapper-grouper while in the
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water with a rebreather is prima facie shaved, clipped, or in any other manner evidence that such fish was harvested molested, in order to remove the eggs. with spearfishing gear while using a re- (2) Gulf. (i) Gulf and South Atlantic breather. prohibited coral taken as incidental (j) Sea bass pots. A sea bass pot may catch in the Gulf EEZ must be re- not be used in the South Atlantic EEZ turned immediately to the sea in the ° ′ south of 28 35.1 N. lat. (due east of the general area of fishing. In fisheries NASA Vehicle Assembly Building, Cape where the entire catch is landed Canaveral, FL). A sea bass pot de- unsorted, such as the scallop and ployed in the EEZ south of 28°35.1′ N. groundfish fisheries, unsorted prohib- lat. may be disposed of in any appro- ited coral may be landed ashore; how- priate manner by the Assistant Admin- istrator or an authorized officer. ever, no person may sell or purchase (k) Spears and hooks. A spear, hook, such prohibited coral. or similar device may not be used in (ii) Jewfish may not be harvested or the Caribbean EEZ to harvest a Carib- possessed in or from the Gulf EEZ. bean spiny lobster. The possession of a (iii) Red drum and Nassau grouper speared, pierced, or punctured Carib- may not be harvested or possessed in or bean spiny lobster in or from the Carib- from the Gulf EEZ. Such fish caught in bean EEZ is prima facie evidence of vio- the Gulf EEZ must be released imme- lation of this section. diately with a minimum of harm. [61 FR 34934, July 3, 1996, as amended at 62 (3) Mid-Atlantic. Red drum may not FR 13987, Mar. 25, 1997] be harvested or possessed in or from the Mid-Atlantic EEZ south of a line § 622.32 Prohibited and limited-har- extending in a direction of 115° from vest species. true north commencing at a point at (a) General. The harvest and posses- 40°29.6′ N. lat., 73°54.1′ W. long., such sion restrictions of this section apply point being the intersection of the New without regard to whether the species Jersey/New York boundary with the 3- is harvested by a vessel operating nm line denoting the seaward limit of under a commercial vessel permit. The state waters. Red drum caught in such operator of a vessel that fishes in the portion of the Mid-Atlantic EEZ must EEZ is responsible for the limit appli- be released immediately with a mini- cable to that vessel. mum of harm. (b) Prohibited species. Prohibited spe- (4) South Atlantic. (i) Gulf and South cies, by geographical area, are as fol- Atlantic prohibited coral taken as inci- lows: dental catch in the South Atlantic EEZ (1) Caribbean. (i) Caribbean prohibited must be returned immediately to the coral may not be fished for or possessed sea in the general area of fishing. In in or from the Caribbean EEZ. The tak- fisheries where the entire catch is land- ing of Caribbean prohibited coral in the ed unsorted, such as the scallop and Caribbean EEZ is not considered un- groundfish fisheries, unsorted prohib- lawful possession provided it is re- ited coral may be landed ashore; how- turned immediately to the sea in the ever, no person may sell or purchase general area of fishing. (ii) Foureye, banded, and longsnout such prohibited coral. butterflyfish; jewfish; Nassau grouper; (ii) Jewfish and Nassau grouper may and seahorses may not be harvested or not be harvested or possessed in or possessed in or from the Caribbean from the South Atlantic EEZ. Jewfish EEZ. Such fish caught in the Caribbean and Nassau grouper taken in the South EEZ must be released immediately Atlantic EEZ incidentally by hook- with a minimum of harm. and-line must be released immediately (iii) Egg-bearing spiny lobster in the by cutting the line without removing Caribbean EEZ must be returned to the the fish from the water. water unharmed. An egg-bearing spiny (iii) Red drum may not be harvested lobster may be retained in a trap, pro- or possessed in or from the South At- vided the trap is returned immediately lantic EEZ. Red drum caught in the to the water. An egg-bearing spiny lob- South Atlantic EEZ must be released ster may not be stripped, scraped, immediately with a minimum of harm.
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(iv) Wild live rock may not be har- Atlantic EEZ is limited to one of each vested or possessed in the South Atlan- per vessel per trip. tic EEZ. [61 FR 34934, July 3, 1996, as amended at 61 (v) It is intended that no female gold- FR 43959, Aug. 27, 1996; 62 FR 13988, Mar. 25, en crabs in or from the South Atlantic 1997] EEZ be retained on board a vessel and that any female golden crab in or from § 622.33 Caribbean EEZ seasonal and/ the South Atlantic EEZ be released in or area closures. a manner that will ensure maximum (a) Mutton snapper spawning aggrega- probability of survival. However, to ac- tion area. From March 1 through June commodate legitimate incidental catch 30, each year, fishing is prohibited in and retention, the number of female that part of the following area that is golden crabs in or from the South At- in the EEZ. The area is bounded by lantic EEZ retained on board a vessel rhumb lines connecting, in order, the may not exceed 0.5 percent, by number, points listed: of all golden crabs on board. See Point North lat. West long. § 622.45(f)(1) regarding the prohibition of sale of female golden crabs. A ...... 17°37.8′ 64°53.0′ B ...... 17°39.0′ 64°53.0′ (vi) South Atlantic snapper-grouper C ...... 17°39.0′ 64°50.5′ may not be possessed in whole, gutted, D ...... 17°38.1′ 64°50.5′ or filleted form by a person aboard a E ...... 17°37.8′ 64°52.5′ ° ′ ° ′ vessel fishing for or possessing golden A ...... 17 37.8 64 53.0 crab in or from the South Atlantic EEZ (b) Red hind spawning aggregation or possessing a golden crab trap in the areas. From December 1 through Feb- South Atlantic. Only the head, fins, ruary 28, each year, fishing is prohib- and backbone (collectively the ‘‘rack’’) ited in those parts of the following of South Atlantic snapper-grouper may areas that are in the EEZ. Each area is be possessed for use as bait. bounded by rhumb lines connecting, in (c) Limited-harvest species. A person order, the points listed: who fishes in the EEZ may not com- (1) East of St. Croix. bine a harvest limitation specified in this paragraph (c) with a harvest limi- Point North lat. West long. tation applicable to state waters. A A ...... 17°50.2′ 64°27.9′ species subject to a harvest limitation B ...... 17°50.1′ 64°26.1′ ° ′ ° ′ specified in this paragraph (c) taken in C ...... 17 49.2 64 25.8 D ...... 17°48.6′ 64°25.8′ the EEZ may not be transferred at sea, E ...... 17°48.1′ 64°26.1′ regardless of where such transfer takes F ...... 17°47.5′ 64°26.9′ place, and such species may not be A ...... 17°50.2′ 64°27.9′ transferred in the EEZ. (2) South of St. Thomas. (1) Cobia. No person may possess more than two cobia per day in or from Point North lat. West long. the Gulf or South Atlantic EEZ, re- A ...... 18°13.2′ 65°06.0′ gardless of the number of trips or dura- B ...... 18°13.2′ 64°59.0′ tion of a trip. C ...... 18°11.8′ 64°59.0′ (2) Cubera snapper. No person may D ...... 18°10.7′ 65°06.0′ ° ′ ° ′ harvest more than two cubera snapper A ...... 18 13.2 65 06.0 measuring 30 inches (76.2 cm), TL, or (3) West of Puerto Rico—(i) Bajo de larger, per day in the South Atlantic Cico. EEZ off Florida and no more than two such cubera snapper in or from the Point North lat. West long. South Atlantic EEZ off Florida may be A ...... 18°15.7′ 67°26.4′ possessed on board a vessel at any B ...... 18°15.7′ 67°23.2′ time. C ...... 18°12.7′ 67°23.4′ D ...... 18°12.7′ 67°26.4′ (3) Speckled hind and warsaw grouper. A ...... 18°15.7′ 67°26.4′ The possession of speckled hind and warsaw grouper in or from the South (ii) Tourmaline Bank.
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Point North lat. West long. (b) Florida middle grounds HAPC. Fishing with a bottom longline, bot- ° ′ ° ′ A ...... 18 11.2 67 22.4 tom trawl, dredge, pot, or trap is pro- B ...... 18°11.2′ 67°19.2′ C ...... 18°08.2′ 67°19.2′ hibited year round in the area bounded D ...... 18°08.2′ 67°22.4′ by rhumb lines connecting, in order, A ...... 18°11.2′ 67°22.4′ the following points:
(iii) Abrir La Sierra Bank. Point North lat. West long. A ...... 28°42.5′ 84°24.8′ Point North lat. West long. B ...... 28°42.5′ 84°16.3′ ° ′ ° ′ A ...... 18°06.5′ 67°26.9′ C ...... 28 11.0 84 00.0 ° ′ ° ′ B ...... 18°06.5′ 67°23.9′ D ...... 28 11.0 84 07.0 ° ′ ° ′ C ...... 18°03.5′ 67°23.9′ E ...... 28 26.6 84 24.8 ° ′ ° ′ D ...... 18°03.5′ 67°26.9′ A ...... 28 42.5 84 24.8 A ...... 18°06.5′ 67°26.9′ (c) Reef fish longline and buoy gear re- (c) Queen conch closure. From July 1 stricted area. A person aboard a vessel through September 30, each year, no that uses, on any trip, longline or buoy person may fish for queen conch in the gear in the longline and buoy gear re- Caribbean EEZ and no person may pos- stricted area is limited on that trip to sess on board a fishing vessel a queen the bag limits for Gulf reef fish speci- conch in or from the Caribbean EEZ. fied in § 622.39(b)(1) and, for Gulf reef fish for which no bag limit is specified [61 FR 34934, July 3, 1996, as amended at 61 in § 622.39(b)(1), the vessel is limited to FR 64486, Dec. 5, 1996; 61 FR 65483, Dec. 13, 1996] 5 percent, by weight, of all fish on board or landed. The longline and buoy § 622.34 Gulf EEZ seasonal and/or area gear restricted area is that part of the closures. Gulf EEZ shoreward of rhumb lines connecting, in order, the points listed (a) Alabama SMZ. The Alabama SMZ in Table 1, and shown in Figures 1 and consists of artificial reefs and sur- 2, in Appendix B of this part. rounding areas. In the Alabama SMZ, fishing by a vessel that is operating as (d) Riley’s Hump seasonal closure. a charter vessel or headboat, a vessel From May 1 through June 30, each that does not have a commercial per- year, fishing is prohibited in the fol- mit for Gulf reef fish, as required under lowing area bounded by rhumb lines § 622.4(a)(2), or a vessel with such a per- connecting, in order, the following mit fishing for Gulf reef fish is limited points: to hook-and-line gear with three or Point North lat. West long. fewer hooks per line and spearfishing gear. A person aboard a vessel that A ...... 24°32.2′ 83°08.7′ ° ′ ° ′ uses on any trip gear other than hook- B ...... 24 32.2 83 05.2 C ...... 24°28.7′ 83°05.2′ and-line gear with three or fewer hooks D ...... 24°28.7′ 83°08.7′ per line and spearfishing gear in the A ...... 24°32.2′ 83°08.7′ Alabama SMZ is limited on that trip to the bag limits for Gulf reef fish speci- (e) Shrimp/stone crab separation zones. fied in § 622.39(b) and, for Gulf reef fish Five zones are established in the Gulf for which no bag limit is specified in EEZ and Florida’s waters off Citrus § 622.39(b), the vessel is limited to 5 per- and Hernando Counties for the separa- cent, by weight, of all fish on board or tion of shrimp trawling and stone crab landed. The Alabama SMZ is bounded trapping. Although Zone II is entirely by rhumb lines connecting, in order, within Florida’s waters, it is included the following points: in this paragraph (e) for the conven- ience of fishermen. Restrictions that Point North lat. West long. apply to Zone II and those parts of the A ...... 30°02.5′ 88°07.7′ other zones that are in Florida’s waters B ...... 30°02.6′ 87°59.3′ are contained in Rule 46–38.001, Florida C ...... 29°55.0′ 87°55.5′ Administrative Code. Geographical co- D ...... 29°54.5′ 88°07.5′ ordinates of the points referred to in ° ′ ° ′ A ...... 30 02.5 88 07.7 this paragraph (e) are as follows:
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Point North lat. West long. December 1 through March 15, each year. A ...... 28°59′30″ 82°45′36″ B ...... 28°59′30″ 83°00′10″ (f) Southwest Florida seasonal trawl C ...... 28°26′01″ 82°59′47″ closure. From January 1 to 1 hour after D ...... 28°26′01″ 82°56′54″ sunset on May 20, each year, trawling, E ...... 28°41′39″ 82°55′25″ F ...... 28°41′39″ 82°56′09″ including trawling for live bait, is pro- G ...... 28°48′56″ 82°56′19″ hibited in that part of the Gulf EEZ ° ′ ″ ° ′ ″ H ...... 28 53 51 82 51 19 shoreward of rhumb lines connecting, I 1 ...... 28°54′43″ 82°44′52″ J 2 ...... 28°51′09″ 82°44′00″ in order, the following points: K ...... 28°50′59″ 82°54′16″ L ...... 28°41′39″ 82°53′56″ Point North lat. West long. M 3 ...... 28°41′39″ 82°38′46″ N ...... 28°41′39″ 82°53′12″ B 1 ...... 26°16.0′ 81°58.5′ O ...... 28°30′51″ 82°55′11″ C ...... 26°00.0′ 82°04.0′ P ...... 28°40′00″ 82°53′08″ D ...... 25°09.0′ 81°47.6′ ° ′ ″ ° ′ ″ Q ...... 28 40 00 82 47 58 E ...... 24°54.5′ 81°50.5′ R ...... 28°35′14″ 82°47′47″ M 1 ...... 24°49.3′ 81°46.4′ S ...... 28°30′51″ 82°52′55″ T ...... 28°27′46″ 82°55′09″ 1 On the seaward limit of Florida's waters. U ...... 28°30′51″ 82°52′09″ (g) Reef fish stressed area. The stressed 1 Crystal River Entrance Light 1A. 2 Long Pt. (southwest tip). area is that part of the Gulf EEZ shore- 3 Shoreline. ward of rhumb lines connecting, in (1) Zone I is enclosed by rhumb lines order, the points listed in Table 2, and connecting, in order, points A, B, C, D, shown in Figures 3 and 4, in Appendix T, E, F, G, H, I, and J, plus the shore- B of this part. line between points A and J. It is un- (1) A powerhead may not be used in lawful to trawl in that part of Zone I the stressed area to take Gulf reef fish. that is in the EEZ from October 5 Possession of a powerhead and a muti- through May 20, each year. lated Gulf reef fish in the stressed area (2) Zone II is enclosed by rhumb lines or after having fished in the stressed connecting, in order, points J, I, H, K, area constitutes prima facie evidence L, and M, plus the shoreline between that such reef fish was taken with a points J and M. powerhead in the stressed area. (3) Zone III is enclosed by rhumb (2) A roller trawl may not be used in lines connecting, in order, points P, Q, the stressed area. Roller trawl means a R, U, S, and P. It is unlawful to trawl trawl net equipped with a series of in that part of Zone III that is in the large, solid rollers separated by several EEZ from October 5 through May 20, smaller spacer rollers on a separate each year. cable or line (sweep) connected to the (4) is enclosed by rhumb lines Zone IV footrope, which makes it possible to connecting, in order, points E, N, S, O, fish the gear over rough bottom, that and E. is, in areas unsuitable for fishing con- (i) It is unlawful to place a stone crab ventional shrimp trawls. Rigid framed trap in that part of Zone IV that is in trawls adapted for shrimping over un- the EEZ from October 5 through De- cember 1 and from April 2 through May even bottom, in wide use along the 20, each year. west coast of Florida, and shrimp (ii) It is unlawful to trawl in that trawls with hollow plastic rollers for part of Zone IV that is in the EEZ from fishing on soft bottoms, are not consid- December 2 through April 1, each year. ered roller trawls. (5) Zone V is enclosed by rhumb lines (3) A fish trap may not be used in the connecting, in order, points F, G, K, L, stressed area. A fish trap used in the and F. stressed area will be considered un- (i) It is unlawful to place a stone crab claimed or abandoned property and trap in that part of Zone V that is in may be disposed of in any appropriate the EEZ from October 5 through No- manner by the Assistant Adminis- vember 30 and from March 16 through trator (including an authorized offi- May 20, each year. cer). (ii) It is unlawful to trawl in that (h) Texas closure. (1) From 30 minutes part of Zone V that is in the EEZ from after sunset on May 15 to 30 minutes
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after sunset on July 15, trawling, ex- (iii) Effective from May 26 through cept trawling for royal red shrimp be- July 31, each year, that part of the yond the 100-fathom (183-m) depth con- Tortugas shrimp sanctuary seaward of tour, is prohibited in the Gulf EEZ off rhumb lines connecting the following Texas. points is open to trawling: From point (2) In accordance with the procedures F, as specified in paragraph (i)(1) of and restrictions of the Fishery Man- this section, to point Q at 24°46.7′ N. agement Plan for the Shrimp Fishery lat., 81°52.2′ W. long. (on the line denot- of the Gulf of Mexico, the RD may ad- ing the seaward limit of Florida’s wa- just the closing and/or opening date of ters); thence along the seaward limit of the Texas closure to provide an earlier, Florida’s waters, as shown on the cur- later, shorter, or longer closure, but rent edition of NOAA chart 11439, to the duration of the closure may not ex- point U and north to point T, both ceed 90 days or be less than 45 days. No- points as specified in paragraph (i)(2)(i) tification of the adjustment of the of this section. closing or opening date will be pub- (j) West and East Flower Garden Banks lished in the FEDERAL REGISTER. (i) Tortugas shrimp sanctuary. (1) The HAPC. Fishing with a bottom longline, Tortugas shrimp sanctuary is closed to bottom trawl, dredge, pot, or trap is trawling. The Tortugas shrimp sanc- prohibited year-round in the HAPC. tuary is that part of the EEZ off Flor- The West and East Flower Garden ida shoreward of rhumb lines connect- Banks are geographically centered at ing, in order, the following points: 27°52′14.21″ N. lat., 93°48′54.79″ W. long. and 27°55′07.44″ N. lat., 93°36′08.49″ W. Point North lat. West long. long., respectively. The HAPC extends N 1 ...... 25°52.9′ 81°37.9′ from these centers to the 50-fathom F ...... 24°50.7′ 81°51.3′ (300-ft) (91.4-m) isobath. G 2 ...... 24°40.1′ 82°26.7′ (k) Wild live rock area closures. No per- H 3 ...... 24°34.7′ 82°35.2′ P 4 ...... 24°35.0′ 82°08.0′ son may harvest or possess wild live rock in the Gulf EEZ— 1 Coon Key Light. 2 New Ground Rocks Light. (1) North and west of a line extending 3 Rebecca Shoal Light. in a direction of 235° from true north 4 Marquessas Keys. from a point at the mouth of the Su- (2) The provisions of paragraph (i)(1) wannee River at 29°17.25′ N. lat., 83°09.9′ of this section notwithstanding— W. long. (the Levy/Dixie County, FL, (i) Effective from April 11 through boundary); or September 30, each year, that part of (2) South of 25°20.4′ N. lat. (due west the Tortugas shrimp sanctuary sea- from the Monroe/Collier County, FL, ward of rhumb lines connecting the fol- boundary). lowing points is open to trawling: From point T at 24°47.8′ N. lat., 82°01.0′ (l) 1997 closures of the commercial fish- W. long. to point U at 24°43.83′ N. lat., ery for red snapper. During 1997, the pos- 82°01.0′ W. long. (on the line denoting session of red snapper in or from the the seaward limit of Florida’s waters); Gulf EEZ and on board a vessel for thence along the seaward limit of Flor- which a commercial permit for Gulf ida’s waters, as shown on the current reef fish has been issued, as required edition of NOAA chart 11439, to point V under § 622.4(a)(2)(v), without regard to at 24°42.55′ N. lat., 82°15.0′ W. long.; where such red snapper were harvested, thence north to point W at 24°43.6′ N. is limited to the bag and possession lat., 82°15.0′ W. long. limits, as specified in § 622.39(b)(1)(iii) (ii) Effective from April 11 through and (b)(2), respectively, and such red July 31, each year, that part of the snapper are subject to the prohibition Tortugas shrimp sanctuary seaward of on sale or purchase of red snapper pos- rhumb lines connecting the following sessed under the bag limit, as specified points is open to trawling: From point in § 622.45(c)(1), from noon on Septem- W to point V, both points as specified ber 15 to noon on October 1, and there- in paragraph (i)(2)(i) of this section, to after from noon on the 15th of each point G, as specified in paragraph (i)(1) month to noon on the first of each suc- of this section. ceeding month until the commercial
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red snapper season is closed in accord- Atlantic snapper-grouper taken inci- ance with § 622.43(a)(1). All times are dentally in the HAPC by hook-and-line local times. gear must be released immediately by [61 FR 34934, July 3, 1996, as amended at 61 cutting the line without removing the FR 48642, Sept. 16, 1996; 62 FR 46679, Sept. 4, fish from the water. 1997; 62 FR 47767, Sept. 11, 1997] (d) South Atlantic shrimp cold weather closure. (1) Pursuant to the procedures § 622.35 South Atlantic EEZ seasonal and criteria established in the FMP for and/or area closures. the Shrimp Fishery of the South At- (a) Allowable octocoral closed area. No lantic Region, when Florida, Georgia, person may harvest or possess allow- North Carolina, or South Carolina able octocoral in the South Atlantic closes all or a portion of its waters of EEZ north of 28°35.1′ N. lat. (due east of the South Atlantic to the harvest of the NASA Vehicle Assembly Building, brown, pink, and white shrimp, the As- Cape Canaveral, FL). sistant Administrator may concur- (b) Longline closed areas. A longline rently close the South Atlantic EEZ may not be used to fish in the EEZ for adjacent to the closed state waters by South Atlantic snapper-grouper south filing a notification of closure with the of 27°10′ N. lat. (due east of the en- Office of the Federal Register. Closure trance to St. Lucie Inlet, FL); or north of the adjacent EEZ will be effective of 27°10′ N. lat. where the charted depth until the ending date of the closure in is less than 50 fathoms (91.4 m), as state waters, but may be ended earlier shown on the latest edition of the larg- based on the state’s request. In the lat- est scale NOAA chart of the location. A ter case, the Assistant Administrator person aboard a vessel with a longline will terminate a closure of the EEZ by on board that fishes on a trip in the filing a notification to that effect with South Atlantic EEZ south of 27°10′ N. the Office of the Federal Register. lat., or north of 27°10′ N. lat. where the (2) During a closure, as specified in charted depth is less than 50 fathoms paragraph (d)(1) of this section— (91.4 m), is limited on that trip to the (i) No person may trawl for brown bag limit for South Atlantic snapper- shrimp, pink shrimp, or white shrimp grouper for which a bag limit is speci- in the closed portion of the EEZ (closed fied in § 622.39(d)(1), and to zero for all area); and no person may possess on other South Atlantic snapper-grouper. board a fishing vessel brown shrimp, For the purpose of this paragraph, a pink shrimp, or white shrimp in or vessel is considered to have a longline from a closed area, except as author- on board when a power-operated ized in paragraph (d)(2)(iii) of this sec- longline hauler, a cable or tion. monofilament of diameter and length (ii) No person aboard a vessel trawl- suitable for use in the longline fishery, ing in that part of a closed area that is and gangions are on board. Removal of within 25 nm of the baseline from any one of these three elements con- which the territorial sea is measured stitutes removal of a longline. may use or have on board a trawl net (c) Oculina Bank HAPC. The Oculina with a mesh size less than 4 inches (10.2 Bank HAPC is bounded on the north by cm), as measured between the centers 27°53′ N. lat., on the south by 27°30′ N. of opposite knots when pulled taut. lat., on the east by 79°56′ W. long., and (iii) Brown shrimp, pink shrimp, or on the west by 80°00′ W. long. In the white shrimp may be possessed on Oculina Bank HAPC: board a fishing vessel in a closed area, (1) Fishing with a bottom longline, provided the vessel is in transit and all bottom trawl, dredge, pot, or trap is trawl nets with a mesh size less than 4 prohibited. inches (10.2 cm), as measured between (2) A fishing vessel may not anchor, the centers of opposite knots when use an anchor and chain, or use a grap- pulled taut, are stowed below deck ple and chain. while transiting the closed area. For (3) No fishing for South Atlantic the purpose of this paragraph, a vessel snapper-grouper is allowed, and South is in transit when it is on a direct and Atlantic snapper-grouper may not be continuous course through a closed retained, in or from the HAPC. South area.
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(e) SMZs. (1) The SMZs consist of ar- (xii) Artificial Reef—A is bounded on tificial reefs and surrounding areas as the north by 30°56.4′ N. lat.; on the follows: south by 30°55.2′ N. lat.; on the east by (i) Paradise Reef is bounded on the 81°15.4′ W. long.; and on the west by north by 33°31.59′ N. lat.; on the south 81°16.5′ W. long. by 33°30.51′ N. lat.; on the east by (xiii) Artificial Reef—C is bounded on 78°57.55′ W. long.; and on the west by the north by 30°51.4′ N. lat.; on the 78°58.85′ W. long. south by 30°50.1′ N. lat.; on the east by (ii) Ten Mile Reef is bounded on the 81°09.1′ W. long.; and on the west by north by 33°26.65′ N. lat.; on the south 81°10.4′ W. long. by 33°24.80′ N. lat.; on the east by (xiv) Artificial Reef—G is bounded on 78°51.08′ W. long.; and on the west by the north by 30°59.1′ N. lat.; on the 78°52.97′ W. long. south by 30°57.8′ N. lat.; on the east by (iii) Pawleys Island Reef is bounded on 80°57.7′ W. long.; and on the west by the north by 33°26.58′ N. lat.; on the 80°59.2′ W. long. south by 33°25.76′ N. lat.; on the east by (xv) Artificial Reef—F is bounded on 79°00.29′ W. long.; and on the west by the north by 31°06.6′ N. lat.; on the 79°01.24′ W. long. south by 31°05.6′ N. lat.; on the east by (iv) Georgetown Reef is bounded on 81°11.4′ W. long.; and on the west by the north by 33°14.90′ N. lat.; on the 81°13.3′ W. long. south by 33°13.85′ N. lat.; on the east by (xvi) Artificial Reef—J is bounded on 78°59.45′ W. long.; and on the west by the north by 31°36.7′ N. lat.; on the 79°00.65′ W. long. south by 31°35.7′ N. lat.; on the east by (v) Capers Reef is bounded on the 80°47.0′ W. long.; and on the west by north by 32°45.45′ N. lat.; on the south 80°48.1′ W. long. by 32°43.91′ N. lat.; on the east by (xvii) Artificial Reef—L is bounded on 79°33.81′ W. long.; and on the west by the north by 31°46.2′ N. lat.; on the 79°35.10′ W. long. south by 31°45.1′ N. lat.; on the east by (vi) Kiawah Reef is bounded on the 80°35.8′ W. long.; and on the west by north by 32°29.78′ N. lat.; on the south 80°37.1′ W. long. by 32°28.25′ N. lat.; on the east by (xviii) Artificial Reef—KC is bounded 79°59.00′ W. long.; and on the west by on the north by 31°51.2′ N. lat.; on the 80°00.95′ W. long. south by 31°50.3′ N. lat.; on the east by ° ′ (vii) Edisto Offshore Reef is bounded 80 46.0 W. long.; and on the west by on the north by 32°15.30′ N. lat.; on the 80°47.2′ W. long. south by 32°13.90′ N. lat.; on the east by (xix) Ft. Pierce Inshore Reef is bound- 79°50.25′ W. long.; and on the west by ed on the north by 27°26.8’ N. lat.; on 79°51.45′ W. long. the south by 27°25.8’ N. lat.; on the east ° (viii) Hunting Island Reef is bounded by 80 09.24’ W. long.; and on the west by ° on the north by 32°13.72′ N. lat.; on the 80 10.36’ W. long. south by 32°12.30′ N. lat.; on the east by (xx) Ft. Pierce Offshore Reef is bound- 80°19.23′ W. long.; and on the west by ed by rhumb lines connecting, in order, 80°21.00′ W. long. the following points:
(ix) Fripp Island Reef is bounded on Point North lat. West long. the north by 32°15.92′ N. lat.; on the south by 32°14.75′ N. lat.; on the east by A ...... 27°23.68′ 80°03.95′ ° ′ B ...... 27°22.80′ 80°03.60′ 80 21.62 W. long.; and on the west by ° ′ ° ′ ° ′ C ...... 27 23.94 80 00.02 80 22.90 W. long. D ...... 27°24.85′ 80°00.33′ (x) Betsy Ross Reef is bounded on the A ...... 27°23.68′ 80°03.95′ north by 32°03.60′ N. lat.; on the south by 32°02.88′ N. lat.; on the east by (xxi) Key Biscayne/Artificial Reef—H is 80°24.57′ W. long.; and on the west by bounded on the north by 25°42.82′ N. 80°25.50′ W. long. lat.; on the south by 25°41.32′ N. lat.; on (xi) Hilton Head Reef/Artificial Reef—T the east by 80°04.22′ W. long.; and on is bounded on the north by 32°00.71′ N. the west by 80°05.53′ W. long. lat.; on the south by 31°59.42′ N. lat.; on (xxii) Little River Offshore Reef is the east by 80°35.23′ W. long.; and on bounded on the north by 33°42.10′ N. the west by 80°36.37′ W. long. lat.; on the south by 33°41.10′ N. lat.; on
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the east by 78°26.40′ W. long.; and on (iv) In the SMZs specified in para- the west by 78°27.10′ W. long. graphs (e)(1)(i) through (x) and (e)(1) (xxiii) BP–25 Reef is bounded on the (xxii) through (xxix) of this section, a north by 33°21.70′ N. lat.; on the south powerhead may not be used to take by 33°20.70′ N. lat.; on the east by South Atlantic snapper-grouper. Pos- 78°24.80′ W. long.; and on the west by session of a powerhead and a mutilated 78°25.60′ W. long. South Atlantic snapper-grouper in one (xxiv) Vermilion Reef is bounded on of the specified SMZs, or after having the north by 32°57.80′ N. lat.; on the fished in one of the SMZs, constitutes south by 32°57.30′ N. lat.; on the east by prima facie evidence that such fish was 78°39.30′ W. long.; and on the west by taken with a powerhead in the SMZ. 78°40.10′ W. long. (f) Golden crab trap closed areas. In the (xxv) Cape Romaine Reef is bounded golden crab northern zone, a golden on the north by 33°00.00′ N. lat.; on the crab trap may not be deployed in wa- south by 32°59.50′ N. lat.; on the east by ters less than 900 ft (274 m) deep. In the 79°02.01′ W. long.; and on the west by golden crab middle and southern zones, 79°02.62′ W. long. a golden crab trap may not be deployed (xxvi) Y–73 Reef is bounded on the in waters less than 700 ft (213 m) deep. north by 32°33.20′ N. lat.; on the south See § 622.17(h) for specification of the by 32°32.70′ N. lat.; on the east by golden crab zones. 79°19.10′ W. long.; and on the west by (g) Rock shrimp closed area. No person 79°19.70′ W. long. may trawl for rock shrimp in the area (xxvii) Eagles Nest Reef is bounded on east of 80°00′ W. long. between 27°30′ N. the north by 32°01.48′ N. lat.; on the lat. and 28°30′ N. lat. shoreward of the south by 32°00.98′ N. lat.; on the east by 100–fathom (183–m) contour, as shown 80°30.00′ W. long.; and on the west by on the latest edition of NOAA chart 80°30.65′ W. long. 11460; and no person may possess rock (xxviii) Bill Perry Jr. Reef is bounded shrimp in or from this area on board a on the north by 33°26.20′ N. lat.; on the fishing vessel. south by 33°25.20′ N. lat.; on the east by [61 FR 34934, July 3, 1996, as amended at 61 78°32.70′ W. long.; and on the west by FR 43959, Aug. 27, 1996; 61 FR 47449, Sept. 9, 78°33.80′ W. long. 1996] (xxix) Comanche Reef is bounded on the north by 32°27.40′ N. lat.; on the § 622.36 Seasonal harvest limitations. south by 32°26.90′ N. lat.; on the east by The following limitations apply in 79°18.80′ W. long.; and on the west by the South Atlantic EEZ: 79°19.60′ W. long. (a) Greater amberjack spawning season. (2) The use of a sea bass pot or a bot- During April, each year, south of tom longline is prohibited in each of 28°35.1′ N. lat. (due east of the NASA the SMZs. The following additional re- Vehicle Assembly Building, Cape Ca- strictions apply in the indicated SMZs: naveral, FL), the possession of greater (i) In SMZs specified in paragraphs amberjack in or from the EEZ on board (e)(1) (i) through (xviii) and (e)(1) (xxii) a vessel that has a commercial permit through (xxix) of this section, the use for South Atlantic snapper-grouper is of a gillnet or a trawl is prohibited; and limited to three per person during a fishing may be conducted only with single day, regardless of the number of hand-held hook-and-line gear (includ- trips or the duration of a trip. ing a manual, electric, or hydraulic rod (b) Mutton snapper spawning season. and reel) and spearfishing gear. During May and June, each year, the (ii) In SMZs specified in paragraphs possession of mutton snapper in or (e)(1) (xix) and (xx) of this section, a from the EEZ on board a vessel that hydraulic or electric reel that is per- has a commercial permit for South At- manently affixed to the vessel is pro- lantic snapper-grouper is limited to 10 hibited when fishing for South Atlantic per person during a single day, regard- snapper-grouper. less of the number of trips or the dura- (iii) In the SMZs specified in para- tion of a trip. graphs (e)(1) (xix) and (xxi) of this sec- (c) Wreckfish spawning-season closure. tion, the use of spearfishing gear is From January 15 through April 15, each prohibited. year, no person may harvest or possess
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on a fishing vessel wreckfish in or from (ii) Effective January 1, 1998—16 the EEZ; offload wreckfish from the inches (40.6 cm), TL. EEZ; or sell or purchase wreckfish in (4) Black, red, and yellowfin groupers or from the EEZ. The prohibition on and gag—20 inches, (50.8 cm), TL. sale or purchase of wreckfish does not (5) Greater amberjack—28 inches (71.1 apply to trade in wreckfish that were cm), fork length, for a fish taken by a harvested, offloaded, and sold or pur- person subject to the bag limit speci- chased prior to January 15 and were fied in § 622.39(b)(1)(i) and 36 inches (91.4 held in cold storage by a dealer or proc- cm), fork length, for a fish taken by a essor. person not subject to the bag limit. § 622.37 Minimum sizes. (e) South Atlantic snapper-grouper. (1) Black sea bass and lane snapper—8 Except for undersized king and Span- ish mackerel allowed in paragraphs inches (20.3 cm), TL. (c)(2) and (3) of this section, a fish (2) Vermilion snapper—10 inches (25.4 smaller than its minimum size, as spec- cm), TL, for a fish taken by a person ified in this section, in or from the Car- subject to the bag limit specified in ibbean, Gulf, South Atlantic, and/or § 622.39(d)(1)(v) and 12 inches (30.5 cm), Mid-Atlantic EEZ, as appropriate, may TL, for a fish taken by a person not not be possessed, sold, or purchased. An subject to the bag limit. undersized fish must be released imme- (3) Blackfin, cubera, dog, gray, ma- diately with a minimum of harm. The hogany, queen, silk, and yellowtail operator of a vessel that fishes in the snappers; schoolmaster; and red EEZ is responsible for ensuring that porgy—12 inches (30.5 cm), TL. fish on board are no smaller than the (4) Gray triggerfish in the South At- minimum size limits specified in this lantic EEZ off Florida—12 inches (30.5 section. cm), TL. (a) Caribbean reef fish: Yellowtail (5) Hogfish—12 inches (30.5 cm), fork snapper—12 inches (30.5 cm), TL. length. (b) Caribbean spiny lobster—3.5 inches (6) Mutton snapper—16 inches (40.6 (8.9 cm), carapace length. (c) Coastal migratory pelagic fish. (1) cm), TL. Cobia in the Gulf or South Atlantic—33 (7) Black, red, yellowfin, and inches (83.8 cm), fork length. yellowmouth grouper; scamp; gag; and (2) King mackerel in the Gulf, South red snapper—20 inches (50.8 cm), TL. Atlantic, or Mid-Atlantic—20 inches (8) Greater amberjack—28 inches (71.1 (30.5 cm), fork length, except that a cm), fork length, for a fish taken by a vessel fishing under a quota for king person subject to the bag limit speci- mackerel specified in § 622.42(c)(1) may fied in § 622.39(d)(1)(i) and 36 inches (91.4 possess undersized king mackerel in cm), fork length, or, if the head is re- quantities not exceeding 5 percent, by moved, 28 inches (71.1 cm), measured weight, of the king mackerel on board. from the center edge at the deheaded (3) Spanish mackerel in the Gulf, end to the fork of the tail, for a fish South Atlantic, or Mid-Atlantic—12 taken by a person not subject to the inches (30.5 cm), fork length, except bag limit. (See Figure 2 in Appendix C that a vessel fishing under a quota for of this part for deheaded fish length Spanish mackerel specified in measurement.) § 622.42(c)(2) may possess undersized (f) Gulf shrimp. White shrimp har- Spanish mackerel in quantities not ex- vested in the EEZ are subject to the ceeding 5 percent, by weight, of the minimum-size landing and possession Spanish mackerel on board. (d) Gulf reef fish. (1) Black sea bass limits of Louisiana when possessed and lane and vermilion snappers—8 within the jurisdiction of that State. inches (20.3 cm), TL. (g) Caribbean queen conch—9 inches (2) Gray, mutton, and yellowtail (22.9 cm) in length, that is, from the tip snappers—12 inches (30.5 cm), TL. of the spire to the distal end of the (3) Red snapper— shell, and 3⁄8 inch (9.5 mm) in lip width (i) Effective through December 31, at its widest point. A queen conch with 1997—15 inches (38.1 cm), TL; a length of at least 9 inches (22.9 cm) or
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a lip width of at least 3⁄8 inch (9.5 mm) (i) For the purpose of this paragraph is not undersized. (d)(1), bait means— (A) Packaged, headless fish fillets [61 FR 34934, July 3, 1996, as amended at 61 FR 65483, Dec. 13, 1996; 62 FR 13988, Mar. 25, that have the skin attached and are 1997] frozen or refrigerated; (B) Headless fish fillets that have the EFFECTIVE DATE NOTE: At 62 FR 47766, skin attached and are held in brine; or Sept. 11, 1997, § 622.37 was amended by revis- 3 ing paragraph (d)(1) and adding paragraph (C) Small pieces no larger than 3 in 3 (d)(6), effective Sept. 14, 1997 through Mar. 10, (7.6 cm ) or strips no larger than 3 1998. For the convenience of the user, the re- inches by 9 inches (7.6 cm by 22.9 cm) vised text follows: that have the skin attached and are frozen, refrigerated, or held in brine. § 622.37 Minimum sizes. (ii) Paragraph (d)(1)(i) of this section notwithstanding, a finfish or part * * * * * thereof possessed in or landed from the (d) Gulf reef fish. (1) Black sea bass Gulf EEZ that is subsequently sold or and lane snapper—8 inches (20.3 cm), purchased as a finfish species, rather TL. than as bait, is not bait. (2) Legal-sized finfish possessed for consumption at sea on the harvesting * * * * * vessel are exempt from the require- (6) Vermilion snapper—10 inches (25.4 ment to have head and fins intact, pro- cm), TL. vided— (i) Such finfish do not exceed any ap- * * * * * plicable bag limit; (ii) Such finfish do not exceed 1.5 lb § 622.38 Landing fish intact. (680 g) of finfish parts per person The operator of a vessel that fishes in aboard; and the EEZ is responsible for ensuring (iii) The vessel is equipped to cook that fish on that vessel in the EEZ are such finfish on board. maintained intact and, if taken from (e) In the South Atlantic EEZ, a the EEZ, are maintained intact greater amberjack on or offloaded through offloading ashore, as specified ashore from a vessel that has a permit in this section. specified in § 622.4(a)(2)(vi) may be (a) The following must be maintained deheaded and eviscerated, but must with head and fins intact: A cobia in or otherwise be maintained in a whole from the Gulf or South Atlantic EEZ; a condition through offloading ashore. king mackerel or Spanish mackerel in (f) A golden crab in or from the or from the Gulf, Mid-Atlantic, or South Atlantic EEZ must be main- South Atlantic EEZ; a South Atlantic tained in whole condition through snapper-grouper in or from the South landing ashore. For the purposes of Atlantic EEZ; a yellowtail snapper in this paragraph, whole means a crab or from the Caribbean EEZ; and, except that is in its natural condition and as specified in paragraphs (c), (d), and that has not been gutted or separated (e) of this section, a finfish in or from into component pieces, e.g., clusters. the Gulf EEZ. Such fish may be evis- (g) A Caribbean conch resource in or cerated, gilled, and scaled, but must from the Caribbean EEZ must be main- otherwise be maintained in a whole tained with meat and shell intact. condition. [61 FR 34934, July 3, 1996, as amended at 61 (b) A Caribbean spiny lobster in or FR 43959, Aug. 27, 1996; 61 FR 65483, Dec. 13, from the Caribbean EEZ must be main- 1996] tained with head and carapace intact. (c) Shark, swordfish, and tuna species § 622.39 Bag and possession limits. are exempt from the requirements of (a) Applicability. (1) The bag and pos- paragraph (a) of this section. session limits apply for species/species (d) In the Gulf EEZ: groups listed in this section in or from (1) Bait is exempt from the require- the EEZ. Bag limits apply to a person ment to be maintained with head and on a daily basis, regardless of the num- fins intact. ber of trips in a day. Possession limits
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apply to a person on a trip after the (b) Gulf reef fish—(1) Bag limits. (i) first 24 hours of that trip. The bag and Greater amberjack—1. possession limits apply to a person who (ii) Groupers, combined, excluding fishes in the EEZ in any manner, ex- jewfish—5. cept a person aboard a vessel in the (iii) Red snapper—5. EEZ that has on board the commercial (iv) Snappers, combined, excluding vessel permit required under red, lane, and vermilion snapper—10. § 622.4(a)(2) for the appropriate species/ (v) Gulf reef fish, combined, exclud- species group. However, see § 622.32 for ing those specified in paragraphs (b)(1) limitations on taking prohibited and (i) through (iv) of this section—20. limited-harvest species. The limita- (2) Possession limits. A person who is tions in § 622.32 apply without regard to on a trip that spans more than 24 hours whether the species is harvested by a may possess no more than two daily vessel operating under a commercial bag limits, provided such trip is on a vessel permit or by a person subject to vessel that is operating as a charter the bag limits. The possession of a vessel or headboat, the vessel has two commercial vessel permit notwith- licensed operators aboard, and each standing, the bag and possession limits passenger is issued and has in posses- apply when the vessel is operating as a sion a receipt issued on behalf of the charter vessel or headboat. A person vessel that verifies the length of the who fishes in the EEZ may not com- trip. bine a bag limit specified in this sec- (c) King and Spanish mackerel—(1) Bag tion with a bag or possession limit ap- limits. (i) Atlantic migratory group plicable to state waters. A species/spe- king mackerel— cies group subject to a bag limit speci- (A) Mid-Atlantic and South Atlantic, fied in this section taken in the EEZ by other than off Florida—3. a person subject to the bag limits may not be transferred at sea, regardless of (B) Off Florida—2, which is the daily where such transfer takes place, and bag limit specified by Florida for its such fish may not be transferred in the waters (Rule 46–12.004(1), Florida Ad- EEZ. ministrative Code). If Florida changes (2) Paragraph (a)(1) of this section its limit, the bag limit specified in this notwithstanding, bag and possession paragraph (c)(1)(i)(B) will be changed limits also apply for Gulf reef fish in or to conform to Florida’s limit, provided from the EEZ to a person aboard a ves- such limit does not exceed 5. sel that has on board a commercial per- (ii) Gulf migratory group king mack- mit for Gulf reef fish— erel—2, except that for an operator or (i) When trawl gear or entangling net member of the crew of a charter vessel gear is on board. A vessel is considered or headboat, the bag limit is 0. to have trawl gear on board when trawl (iii) Atlantic migratory group Span- doors and a net are on board. Removal ish mackerel—10. from the vessel of all trawl doors or all (iv) Gulf migratory group Spanish nets constitutes removal of trawl gear. mackerel— (ii) When a longline or buoy gear is (A) Off Louisiana, Mississippi, and on board and the vessel is fishing or Alabama—10. has fished on a trip in the reef fish (B) Off Florida—10, which is the daily longline and buoy gear restricted area bag limit specified by Florida for its specified in § 622.34(c). A vessel is con- waters (Rule 46–23.005(1), Florida Ad- sidered to have a longline on board ministrative Code). If Florida changes when a power-operated longline hauler, its limit, the bag limit specified in this a cable of diameter and length suitable paragraph (c)(1)(iv)(B) will be changed for use in the longline fishery, and to conform to Florida’s limit, provided gangions are on board. Removal of any such limit does not exceed 10. one of these three elements, in its en- (C) Off Texas—7, which is the daily tirety, constitutes removal of a bag limit specified by Texas for its wa- longline. ters (Rule 31–65.72(c)(4)(A), Texas Ad- (iii) For a species/species group when ministrative Code). If Texas changes its quota has been reached and closure its limit, the bag limit specified in this has been effected. paragraph (c)(1)(iv)(C) will be changed
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to conform to Texas’ limit, provided ated longline hauler, a cable or such limit does not exceed 10. monofilament of diameter and length (2) Possession limits. A person who is suitable for use in the longline fishery, on a trip that spans more than 24 hours and gangions are on board. Removal of may possess no more than two daily any one of these three elements con- bag limits, provided such trip is on a stitutes removal of a longline. vessel that is operating as a charter (e) Caribbean queen conch—(1) Applica- vessel or headboat, the vessel has two bility. Paragraph (a)(1) of this section licensed operators aboard, and each notwithstanding, the bag limit of para- passenger is issued and has in posses- graph (e)(2) of this section does not sion a receipt issued on behalf of the apply to a fisherman who has a valid vessel that verifies the length of the commercial fishing license issued by trip. Puerto Rico or the U.S. Virgin Islands. (d) South Atlantic snapper-grouper—(1) See § 622.44 for the commercial daily Bag limits. (i) Greater amberjack—3. trip limit. (ii) Groupers, combined, excluding (2) Bag limit. The bag limit for queen jewfish and Nassau grouper, and conch in or from the Caribbean EEZ is tilefishes—5. 3 per person or, if more than 4 persons (iii) Hogfish in the South Atlantic off are aboard, 12 per boat. Florida—5. [61 FR 34934, July 3, 1996, as amended at 61 (iv) Snappers, combined, excluding FR 65483, Dec. 13, 1996; 61 FR 65985, Dec. 16, cubera snapper measuring 30 inches 1996; 62 FR 23674, May 1, 1997] (76.2 cm), TL, or larger, in the South Atlantic off Florida, and excluding ver- § 622.40 Limitations on traps and pots. milion snapper—10, of which no more (a) Tending—(1) Caribbean EEZ. A fish than 2 may be red snapper. (See trap or Caribbean spiny lobster trap in § 622.32(c)(2) for limitations on cubera the Caribbean EEZ may be pulled or snapper measuring 30 inches (76.2 cm), tended only by a person (other than an TL, or larger, in or from the South At- authorized officer) aboard the fish trap lantic EEZ off Florida.) or spiny lobster trap owner’s vessel, or (v) Vermilion snapper—10. aboard another vessel if such vessel has (2) Possession limits. Provided each on board written consent of the trap passenger is issued and has in posses- owner, or if the trap owner is aboard sion a receipt issued on behalf of the and has documentation verifying his vessel that verifies the duration of the identification number and color code. trip— An owner’s written consent must speci- (i) A person aboard a charter vessel fy the time period such consent is ef- or headboat on a trip that spans more fective and the trap owner’s gear iden- than 24 hours may possess no more tification number and color code. than two daily bag limits. (2) Gulf EEZ. A fish trap in the Gulf (ii) A person aboard a headboat on a EEZ may be pulled or tended only by a trip that spans more than 48 hours and person (other than an authorized offi- who can document that fishing was cer) aboard the vessel with the fish conducted on at least 3 days may pos- trap endorsement to fish such trap. If sess no more than three daily bag lim- such vessel has a breakdown that pre- its. vents it from retrieving its traps, the (3) Longline bag limits. Other provi- owner or operator must immediately sions of this paragraph (d) notwith- notify the nearest NMFS Office of En- standing, a person on a trip aboard a forcement and must obtain authoriza- vessel for which the bag limits apply tion for another vessel to retrieve and that has a longline on board is limited land its traps. The request for such au- on that trip to the bag limit for South thorization must include the requested Atlantic snapper-grouper for which a effective period for the retrieval and bag limit is specified in paragraph landing, the persons and vessel to be (d)(1) of this section, and to zero for all authorized to retrieve the traps, and other South Atlantic snapper-grouper. the point of landing of the traps. Such For the purpose of this paragraph authorization will be specific as to the (d)(3), a vessel is considered to have a effective period, authorized persons longline on board when a power-oper- and vessel, and point of landing. Such
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authorization is valid solely for the re- least two escape windows on each of moval of fish traps from the EEZ and two sides, excluding the bottom (a for harvest of fish incidental to such total of four escape windows), that are removal. 2 by 2 inches (5.1 by 5.1 cm) or larger. (3) South Atlantic EEZ. A sea bass pot In addition, a fish trap must have a or golden crab trap in the South Atlan- panel or access door located opposite tic EEZ may be pulled or tended only each side of the trap that has a funnel. by a person (other than an authorized The opening covered by each panel or officer) aboard the vessel permitted to access door must be 144 in2 (929 cm2) or fish such pot or trap or aboard another larger, with one dimension of the area vessel if such vessel has on board writ- equal to or larger than the largest inte- ten consent of the owner or operator of rior axis of the trap’s throat (funnel) the vessel so permitted. For golden with no other dimension less than 6 crab only, a vessel with written con- inches (15.2 cm). The hinges and fasten- sent on board must also possess a valid ers of each panel or access door must commercial vessel permit for golden be constructed of one of the following crab. degradable materials: (b) Escape mechanisms—(1) Caribbean (i) Untreated jute string with a diam- EEZ. (i) A fish trap used or possessed in eter not exceeding 3⁄16 inch (4.8 mm) the Caribbean EEZ must have a panel that is not wrapped or overlapped. located on each of two sides of the (ii) Magnesium alloy, time float re- trap, excluding the top, bottom, and leases (pop-up devices) or similar mag- side containing the trap entrance. The nesium alloy fasteners. opening covered by a panel must meas- (3) South Atlantic EEZ. (i) A sea bass ure not less than 8 by 8 inches (20.3 by pot that is used or possessed in the 20.3 cm). The mesh size of a panel may South Atlantic EEZ north of 28°35.1′ N. not be smaller than the mesh size of lat. (due east of the NASA Vehicle As- the trap. A panel must be attached to sembly Building, Cape Canaveral, FL) the trap with untreated jute twine is required to have on at least one side, with a diameter not exceeding 1⁄8 inch excluding top and bottom, a panel or (3.2 mm). An access door may serve as door with an opening equal to or larger one of the panels, provided it is on an than the interior end of the trap’s appropriate side, it is hinged only at throat (funnel). The hinges and fasten- its bottom, its only other fastening is ers of each panel or door must be made untreated jute twine with a diameter of one of the following degradable ma- not exceeding 1⁄8 inch (3.2 mm), and terials: such fastening is at the top of the door (A) Untreated hemp, jute, or cotton so that the door will fall open when string with a diameter not exceeding such twine degrades. Jute twine used 3⁄16 inch (4.8 mm). to secure a panel may not be wrapped (B) Magnesium alloy, timed float re- or overlapped. leases (pop-up devices) or similar mag- (ii) A spiny lobster trap used or pos- nesium alloy fasteners. sessed in the Caribbean EEZ must con- (C) Ungalvanized or uncoated iron tain on any vertical side or on the top wire with a diameter not exceeding 1⁄16 a panel no smaller in diameter than inch (1.6 mm), that is, 16 gauge wire. the throat or entrance of the trap. The (ii) A golden crab trap that is used or panel must be made of or attached to possessed in the South Atlantic EEZ the trap by one of the following degrad- must have at least one escape gap or able materials: escape ring on each of two opposite (A) Untreated fiber of biological ori- vertical sides. The minimum allowable gin with a diameter not exceeding 1⁄8 inside dimensions of an escape gap are inch (3.2 mm). This includes, but is not 2.75 by 3.75 inches (7.0 by 9.5 cm); the limited to tyre palm, hemp, jute, cot- minimum allowable inside diameter of ton, wool, or silk. an escape ring is 4.5 inches (11.4 cm). In (B) Ungalvanized or uncoated iron addition to the escape gaps— wire with a diameter not exceeding 1⁄16 (A) A golden crab trap constructed of inch (1.6 mm), that is, 16 gauge wire. webbing must have an opening (slit) at (2) Gulf EEZ. A fish trap used or pos- least 1 ft (30.5 cm) long that may be sessed in the Gulf EEZ must have at closed (relaced) only with untreated
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cotton string no larger than 3⁄16 inch (B) Square mesh—at least 1.5 inches (0.48 cm) in diameter. (3.8 cm) between sides; or (B) A golden crab trap constructed of (C) Rectangular mesh—at least 1 inch material other than webbing must have (2.5 cm) between the longer sides and 2 an escape panel or door measuring at inches (5.1 cm) between the shorter least 12 by 12 inches (30.5 by 30.5 cm), sides. located on at least one side, excluding (ii) A golden crab trap deployed or top and bottom. The hinges and fasten- possessed in the South Atlantic EEZ ers of such door or panel must be made may not exceed 64 ft3 (1.8 m3) in volume of either ungalvanized or uncoated iron in the northern zone or 48 ft3 (1.4 m3) in wire no larger than 19 gauge (0.04 inch volume in the middle and southern (1.0 mm) in diameter) or untreated cot- zones. See § 622.17(h) for specification of ton string no larger than 3/16 inch (4.8 the golden crab zones. mm) in diameter. (d) Area-specific restrictions—(1) Gulf (c) Construction requirements and mesh EEZ. In the Gulf EEZ, a fish trap may sizes—(1) Caribbean EEZ. A bare-wire be pulled or tended only from official fish trap used or possessed in the EEZ sunrise to official sunset. The operator that has hexagonal mesh openings of a vessel from which a fish trap is de- must have a minimum mesh size of 1.5 ployed in the Gulf EEZ must retrieve inches (3.8 cm) in the smallest dimen- all the vessel’s fish traps and return sion measured between centers of oppo- them to port on each trip. A fish trap site strands. A bare-wire fish trap used that is not returned to port on a trip, or possessed in the EEZ that has other and its attached line and buoy, may be than hexagonal mesh openings or a fish disposed of in any appropriate manner trap of other than bare wire, such as by the Assistant Administrator or an coated wire or plastic, used or pos- authorized officer. The owner of such sessed in the EEZ, must have a mini- trap and/or the operator of the respon- mum mesh size of 2.0 inches (5.1 cm) in sible vessel is subject to appropriate the smallest dimension measured be- civil penalties. A buoy that floats on tween centers of opposite strands. the surface must be attached to each fish trap, or to each end trap of traps (2) Gulf EEZ. A fish trap used or pos- that are connected by a line, used in sessed in the Gulf EEZ must meet all of the Gulf EEZ. The maximum allowable the following mesh size requirements size for a fish trap fished in the Gulf (based on centerline measurements be- EEZ shoreward of the 50-fathom (91.4- tween opposite wires or netting m) isobath is 33 ft3 (0.9 m3) in volume. strands): Fish trap volume is determined by 2 (12.9 cm2) (i) A minimum of 2 in measuring the external dimensions of opening for each mesh. the trap, and includes both the en- (ii) One-inch (2.5-cm) minimum closed holding capacity of the trap and length for the shortest side. the volume of the funnel(s) within (iii) Minimum distance of 1 inch (2.5 those dimensions. There is no size limi- cm) between parallel sides of rectangu- tation for fish traps fished seaward of lar openings, and 1.5 inches (3.8 cm) be- the 50-fathom (91.4-m) isobath. The tween parallel sides of square openings maximum number of traps that may be and of mesh openings with more than assigned to, possessed, or fished in the four sides. Gulf EEZ by a vessel is 100. (iv) One and nine-tenths inches (4.8 (2) South Atlantic EEZ. (i) In the cm) minimum distance for diagonal South Atlantic EEZ, sea bass pots may measures of mesh. not be used or possessed in multiple (3) South Atlantic EEZ. (i) A sea bass configurations, that is, two or more pot used or possessed in the South At- pots may not be attached one to an- lantic EEZ must have mesh sizes as fol- other so that their overall dimensions lows (based on centerline measure- exceed those allowed for an individual ments between opposite, parallel wires sea bass pot. This does not preclude or netting strands): connecting individual pots to a line, (A) Hexagonal mesh (chicken wire)— such as a ‘‘trawl’’ or trot line. at least 1.5 inches (3.8 cm) between the (ii) Rope is the only material allowed wrapped sides; to be used for a mainline or buoy line
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attached to a golden crab trap, except following activities are prohibited in that wire cable is allowed for these the South Atlantic: Chipping of purposes through January 31, 1998. aquacultured live rock in the EEZ, pos- session of chipped aquacultured live [61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 62 FR 13988, Mar. 25, rock in or from the EEZ, removal of al- 1997] lowable octocoral or prohibited coral from aquacultured live rock in or from § 622.41 Species specific limitations. the EEZ, and possession of prohibited (a) Aquacultured live rock. In the Gulf coral not attached to aquacultured live or South Atlantic EEZ: rock or allowable octocoral, while (1) Aquacultured live rock may be aquacultured live rock is in possession. harvested only under a permit, as re- See the definition of ‘‘Allowable quired under § 622.4(a)(3)(iii), and octocoral’’ for clarification of the dis- aquacultured live rock on a site may be tinction between allowable octocoral harvested only by the person, or his or and live rock. For the purposes of this her employee, contractor, or agent, paragraph (a)(3), chipping means who has been issued the aquacultured breaking up reefs, ledges, or rocks into live rock permit for the site. A person fragments, usually by means of a chisel harvesting aquacultured live rock is and hammer. exempt from the prohibition on taking (4) Not less than 24 hours prior to prohibited coral for such prohibited harvest of aquacultured live rock, the coral as attaches to aquacultured live owner or operator of the harvesting rock. vessel must provide the following in- (2) The following restrictions apply formation to the NMFS Law Enforce- to individual aquaculture activities: ment Office, Southeast Area, St. Pe- (i) No aquaculture site may exceed 1 tersburg, FL, telephone (813) 570–5344: acre (0.4 ha) in size. (i) Permit number of site to be har- (ii) Material deposited on the aqua- vested and date of harvest. culture site— (ii) Name and official number of the (A) May not be placed over naturally vessel to be used in harvesting. occurring reef outcrops, limestone (iii) Date, port, and facility at which ledges, coral reefs, or vegetated areas. aquacultured live rock will be landed. (B) Must be free of contaminants. (b) Caribbean reef fish. A marine (C) Must be nontoxic. aquarium fish may be harvested in the (D) Must be placed on the site by Caribbean EEZ only by a hand-held dip hand or lowered completely to the bot- net or by a hand-held slurp gun. For tom under restraint, that is, not al- the purposes of this paragraph, a hand- lowed to fall freely. held slurp gun is a device that rapidly (E) Must be placed from a vessel that draws seawater containing fish into a is anchored. self-contained chamber, and a marine (F) In the Gulf EEZ, must be distin- aquarium fish is a Caribbean reef fish guishable, geologically or otherwise that is smaller than 5.5 inches (14.0 (for example, be indelibly marked or cm), TL. tagged), from the naturally occurring (c) King and Spanish mackerel—(1) substrate. Prohibited gear. (i) In addition to the (G) In the South Atlantic EEZ, must gear restrictions specified in § 622.31, be geologically distinguishable from fishing gear is prohibited for use in the the naturally occurring substrate and, Gulf, Mid-Atlantic, and South Atlantic in addition, may be indelibly marked EEZ for migratory groups of king and or tagged. Spanish mackerel as follows: (iii) A minimum setback of at least (A) King mackerel, Gulf migratory 50 ft (15.2 m) must be maintained from group—all gear other than hook and natural vegetated or hard bottom habi- line and run-around gillnet. tats. (B) Spanish mackerel, Gulf and At- (3) Mechanically dredging or drilling, lantic migratory groups—purse seines. or otherwise disturbing, aquacultured (ii) Except for the purse seine inci- live rock is prohibited, and dental catch allowance specified in aquacultured live rock may be har- paragraph (c)(3) of this section, a vessel vested only by hand. In addition, the in the EEZ in the area of a migratory
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group or having fished in the EEZ in (i) Vertical hook-and-line gear, in- such area with prohibited gear on cluding a hand-held rod or a rod at- board may not possess any of the spe- tached to a vessel (‘‘bandit’’ gear), in cies for which that gear is prohibited. either case, with a manual, electric, or (2) Gillnets—(i) King mackerel. The hydraulic reel. minimum allowable mesh size for a (ii) Spearfishing gear. gillnet used to fish in the Gulf, Mid-At- (iii) Bottom longline. lantic, or South Atlantic EEZ for king (iv) Sea bass pot. mackerel is 4.75 inches (12.1 cm), (2) Unauthorized gear. All gear types stretched mesh. A vessel in the EEZ, or other than those specified in paragraph having fished on a trip in the EEZ, (d)(1) of this section are unauthorized with a gillnet on board that has a mesh gear and the following possession and size less than 4.75 inches (12.1 cm), transfer limitations apply. stretched mesh, may possess on that (i) A vessel with trawl gear on board trip an incidental catch of king mack- that fishes in the EEZ on a trip may erel that does not exceed 10 percent, by possess no more than 200 lb (90.7 kg) of number, of the total lawfully possessed South Atlantic snapper-grouper, ex- Spanish mackerel on board. cluding wreckfish, in or from the EEZ (ii) Spanish mackerel. The minimum on that trip. It is a rebuttable pre- allowable mesh size for a gillnet used sumption that a vessel with more than to fish in the Gulf, Mid-Atlantic, or 200 lb (90.7 kg) of South Atlantic snap- South Atlantic EEZ for Spanish mack- per-grouper, excluding wreckfish, on erel is 3.5 inches (8.9 cm), stretched board harvested such fish in the EEZ. mesh. A vessel in the EEZ, or having (ii) Except as specified in paragraph fished on a trip in the EEZ, with a (d)(3) of this section, a person aboard a gillnet on board that has a mesh size vessel with unauthorized gear on less than 3.5 inches (8.9 cm), stretched board, other than trawl gear, that mesh, may not possess on that trip any fishes in the EEZ on a trip is limited Spanish mackerel. on that trip to: (3) Purse seine incidental catch allow- ance. A vessel in the EEZ, or having (A) South Atlantic snapper-grouper fished in the EEZ, with a purse seine species for which a bag limit is speci- on board will not be considered as fish- fied in § 622.39(d)(1)—the bag limit. ing, or having fished, for king or Span- (B) All other South Atlantic snapper- ish mackerel in violation of a prohibi- grouper—zero. tion of purse seines under paragraph (iii) South Atlantic snapper-grouper (c)(1)(i)(B) of this section, or, in the on board a vessel with unauthorized case of king mackerel from the Atlan- gear on board may not be transferred tic migratory group, in violation of a at sea, regardless of where such trans- closure effected in accordance with fer takes place, and such snapper- § 622.43(a), provided the king mackerel grouper may not be transferred in the on board does not exceed 1 percent, or EEZ. the Spanish mackerel on board does (iv) No vessel may receive at sea any not exceed 10 percent, of all fish on South Atlantic snapper-grouper from a board the vessel. Incidental catch will vessel with unauthorized gear on be calculated by number and/or weight board, as specified in paragraph of fish. Neither calculation may exceed (d)(2)(iii) of this section. the allowable percentage. Incidentally (3) Use of sink nets off North Carolina. caught king or Spanish mackerel are A vessel that has on board a commer- counted toward the quotas provided for cial permit for South Atlantic snapper- under § 622.42(c) and are subject to the grouper, excluding wreckfish, that prohibition of sale under fishes in the EEZ off North Carolina on § 622.43(a)(3)(iii). a trip with a sink net on board, may re- (d) South Atlantic snapper-grouper—(1) tain otherwise legal South Atlantic Authorized gear. Subject to the gear re- snapper-grouper taken on that trip strictions specified in § 622.31, the fol- with vertical hook-and-line gear or a lowing are the only gear types author- sea bass pot. For the purpose of this ized in directed fishing for snapper- paragraph (d)(3), a sink net is a gillnet grouper in the South Atlantic EEZ: with stretched mesh measurements of 3
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to 4.75 inches (7.6 to 12.1 cm) that is at- commercial vessel permit or by a per- tached to the vessel when deployed. son subject to the bag limits.) (e) South Atlantic golden crab. Traps (a) Gulf reef fish—(1) Commercial are the only fishing gear authorized in quotas. The following quotas apply to directed fishing for golden crab in the persons who fish under commercial ves- South Atlantic EEZ. Golden crab in or sel permits for Gulf reef fish, as re- from the South Atlantic EEZ may not quired under § 622.4(a)(2)(v). be retained on board a vessel possess- (i) Red snapper—4.65 million lb (2.11 ing or using unauthorized gear. million kg), round weight, apportioned (f) Caribbean queen conch. In the Car- in 1997 as follows: ibbean EEZ, no person may harvest (A) 3.06 million lb (1.39 million kg) queen conch by diving while using a de- available February 1, 1997. vice that provides a continuous air sup- (B) The remainder available at noon ply from the surface. on September 2, 1997, subject to the (g) Shrimp in the South Atlantic—(1) closure provisions of §§ 622.34(l) and BRD requirement. On a penaeid shrimp 622.43(a)(1)(i). trawler in the South Atlantic EEZ, (ii) Deep-water groupers (i.e., each trawl net that is rigged for fishing yellowedge grouper, misty grouper, and has a mesh size less than 2.50 warsaw grouper, snowy grouper, and inches (6.35 cm), as measured between speckled hind), and, after the quota for the centers of opposite knots when shallow-water grouper is reached, pulled taut, and each try net that is scamp, combined—1.60 million lb (0.73 rigged for fishing and has a headrope million kg), round weight. length longer than 16.0 ft (4.9 m), must (iii) Shallow-water groupers (i.e., all have a certified BRD installed. A trawl groupers other than deep-water net, or try net, is rigged for fishing if it groupers, jewfish, and Nassau grouper), is in the water, or if it is shackled, including scamp before the quota for tied, or otherwise connected to a sled, shallow-water groupers is reached, door, or other device that spreads the combined—9.80 million lb (4.45 million net, or to a tow rope, cable, pole, or ex- kg), round weight. tension, either on board or attached to (2) Recreational quota for red snapper. a shrimp trawler. The following quota applies to persons (2) Certified BRDs. The following who harvest red snapper other than BRDs are certified for use by penaeid under commercial vessel permits for shrimp trawlers in the South Atlantic Gulf reef fish and the commercial EEZ. Specifications of these certified quota specified in paragraph (a)(1)(i) of BRDs are contained in Appendix D of this section—4.47 million lb (2.03 mil- this part. lion kg), round weight. (i) Extended funnel. (3) Shallow-water groupers, that is, (ii) Expanded mesh. all groupers other than deep-water (iii) Fisheye. groupers, jewfish, and Nassau grouper, [61 FR 34934, July 3, 1996, as amended at 61 including scamp before the quota for FR 43959, Aug. 27, 1996; 61 FR 65484, Dec. 13, shallow-water groupers is reached, 1996; 62 FR 18539, Apr. 16, 1997] combined—9.8 million lb (4.4 million kg), round weight. § 622.42 Quotas. (b) Gulf and South Atlantic coral—(1) Quotas apply for the fishing year for Allowable octocoral. The quota for all each species or species group. Except persons who harvest allowable for the quotas for Gulf and South At- octocoral in the Gulf and South Atlan- lantic coral, the quotas include species tic EEZ is 50,000 colonies. A colony is a harvested from state waters adjoining continuous group of coral polyps form- the EEZ. Quotas for species managed ing a single unit. under this part are as follows. (See (2) Wild live rock in the Gulf. The § 622.32 for limitations on taking pro- quota for all persons who harvest wild hibited and limited-harvest species. live rock in the Gulf EEZ is 500,000 lb The limitations in § 622.32 apply with- (226,796 kg). Commencing with the fish- out regard to whether the species is ing year that begins January 1, 1997, harvested by a vessel operating under a the quota is zero.
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(c) King and Spanish mackerel. King (e) South Atlantic snapper-grouper, ex- and Spanish mackerel quotas apply to cluding wreckfish. The quotas apply to persons who fish under commercial ves- persons who are not subject to the bag sel permits for king and Spanish mack- limits. (See § 622.39(a)(1) for applicabil- erel, as required under § 622.4(a)(2)(iv). ity of the bag limits.) A fish is counted against the quota for (1) Snowy grouper—344,508 lb (156,266 the area where it is caught when it is kg), gutted weight, that is, eviscerated first sold. but otherwise whole. (1) Migratory groups of king mackerel— (2) Golden tilefish—1,001,663 lb (454,347 (i) Gulf migratory group. The quota for kg), gutted weight, that is, eviscerated the Gulf migratory group of king but otherwise whole. mackerel is 2.50 million lb (1.13 million (f) Wreckfish. The quota for wreckfish kg). The Gulf migratory group is di- applies to wreckfish shareholders, or vided into eastern and western zones their employees, contractors, or separated by 87°31′06″ W. long., which is agents, and is 2 million lb (907,185 kg), a line directly south from the Alabama/ round weight. See § 622.15 for informa- Florida boundary. Quotas for the east- tion on the wreckfish shareholder ern and western zones are as follows: under the ITQ system. (A) Eastern zone—1.73 million lb (0.78 million kg), which is further divided [61 FR 34934, July 3, 1996, as amended at 61 into quotas as follows: FR 48643, Sept. 16, 1996; 62 FR 13988, Mar. 25, (1) Florida east coast subzone—865,000 1997; 62 FR 23674, May 1, 1997; 62 FR 46679, Sept. 4, 1997] lb (392,357 kg). (2) Florida west coast subzone—865,000 EFFECTIVE DATE NOTE: At 62 FR 46679, lb (392,357 kg), which is further divided Sept. 4, 1997, § 622.42 was amended by revising into quotas by gear types as follows: paragraph (a)(2), effective Oct. 6, 1997. For (i) 432,500 lb (196,179 kg) for vessels the convenience of the user, the superseded text is set forth as follows: fishing with hook-and-line gear. (ii) 432,500 lb (196,179 kg) for vessels § 622.42 Quotas. fishing with run-around gillnets. (a) * * * (3) The Florida east coast subzone is (2) Deep-water groupers, that is, that part of the eastern zone north of yellowedge grouper, misty grouper, warsaw 25°20.4′ N. lat., which is a line directly grouper, snowy grouper, speckled hind, and, east from the Dade/Monroe County, after the quota for shallow-water grouper is FL, boundary, and the Florida west reached, scamp, combined—1.6 million lb (0.7 coast subzone is that part of the east- million kg), round weight. ern zone south and west of 25°20.4′ N. lat. § 622.43 Closures. (B) Western zone—0.77 million lb (0.35 (a) General. When a quota specified in million kg). § 622.42 is reached, or is projected to be (ii) Atlantic migratory group. The reached, the Assistant Administrator quota for the Atlantic migratory group will file a notification to that effect of king mackerel is 2.52 million lb (1.14 with the Office of the Federal Register. million kg). No more than 0.4 million On and after the effective date of such lb (0.18 million kg) may be harvested notification, for the remainder of the by purse seines. fishing year, the following closure re- (2) Migratory groups of Spanish mack- strictions apply: erel—(i) Gulf migratory group. The (1) Gulf reef fish—(i) Commercial quota for the Gulf migratory group of quotas. The bag and possession limits Spanish mackerel is 3.99 million lb (1.81 specified in § 622.39(b) apply to all har- million kg). vest or possession in or from the Gulf (ii) Atlantic migratory group. The EEZ of the indicated species, and the quota for the Atlantic migratory group sale or purchase of the indicated spe- of Spanish mackerel is 3.50 million lb cies taken from the Gulf EEZ is prohib- (1.59 million kg). ited. In addition, the bag and posses- (d) Royal red shrimp in the Gulf. The sion limits for red snapper apply on quota for all persons who harvest royal board a vessel for which a commercial red shrimp in the Gulf is 392,000 lb permit for Gulf reef fish has been is- (177.8 mt), tail weight. sued, as required under § 622.4(a)(2)(v),
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without regard to where such red snap- (4) Royal red shrimp in the Gulf. Royal per were harvested. However, the bag red shrimp in or from the Gulf EEZ and possession limits for red snapper may not be retained, and the sale or apply only when the recreational quota purchase of royal red shrimp taken for red snapper has not been reached from the Gulf EEZ is prohibited. and the bag and possession limit has (5) South Atlantic snapper-grouper, ex- not been reduced to zero under para- cluding wreckfish. There are no closure graph (a)(1)(ii) of this section. provisions for South Atlantic snapper (ii) Recreational quota for red snapper. grouper, other than for wreckfish. The bag and possession limit for red Golden tilefish and snowy grouper, for snapper in or from the Gulf EEZ is which there are quotas, are managed zero. under the commercial trip limits speci- (2) Gulf and South Atlantic coral—(i) fied in § 622.44(a) in lieu of the closure Allowable octocoral. Allowable octocoral provisions of this section. may not be harvested or possessed in (6) Wreckfish. Wreckfish in or from the Gulf or South Atlantic EEZ and the South Atlantic EEZ may not be re- the sale or purchase of allowable tained, and the sale or purchase of octocoral in or from the Gulf or South wreckfish taken from the South Atlan- Atlantic EEZ is prohibited. tic EEZ is prohibited. (ii) Wild live rock in the Gulf. Wild live (b) Exception to prohibition on sale/pur- rock may not be harvested or possessed chase. (1) The prohibition on sale/pur- in the Gulf EEZ and the sale or pur- chase during a closure for Gulf reef chase of wild live rock in or from the fish, king and Spanish mackerel, royal Gulf EEZ is prohibited. red shrimp, or wreckfish in paragraph (3) King and Spanish mackerel. The (a)(1), (a)(3)(iii), (a)(4), or (a)(6) of this closure provisions of this paragraph section does not apply to the indicated (a)(3) do not apply to Atlantic migra- species that were harvested, landed tory group Spanish mackerel, which ashore, and sold prior to the effective are managed under the commercial date of the closure and were held in trip limits specified in § 622.44(b) in lieu cold storage by a dealer or processor. of the closure provisions of this sec- (2) The prohibition on sale/purchase tion. during a closure for allowable (i) A person aboard a vessel for which octocoral or wild live rock in para- a commercial permit for king and graph (a)(2)(i) or (a)(2)(ii) of this sec- Spanish mackerel has been issued, as tion does not apply to allowable required under § 622.4(a)(2)(iv), may not octocoral or wild live rock that was fish for king or Spanish mackerel in harvested and landed ashore prior to the EEZ or retain fish in or from the the effective date of the closure. EEZ under a bag or possession limit [61 FR 34934, July 3, 1996, as amended at 62 specified in § 622.39(c) for the closed FR 13988, Mar. 25, 1997; 62 FR 46679, Sept. 4, species, migratory group, zone, 1997]
subzone, or gear type, except as pro- EFFECTIVE DATE NOTE: At 62 FR 46679, vided for under paragraph (a)(3)(ii) of Sept. 4, 1997, § 622.43 was amended by revising this section. paragraph (a)(1), effective Oct. 6, 1997. For (ii) A person aboard a vessel for the convenience of the user, the superseded which the permit indicates both com- text is set forth as follows: mercial king and Spanish mackerel § 622.43 Closures. and charter vessel/headboat for coastal (a) * * * migratory pelagic fish may continue to (1) Gulf reef fish. The bag and possession retain fish under a bag and possession limits specified in § 622.39(b) apply to all har- limit specified in § 622.39(c), provided vest in the Gulf EEZ of the indicated species, the vessel is operating as a charter ves- and the sale or purchase of the indicated spe- sel or headboat. cies taken from the Gulf EEZ is prohibited. (iii) The sale or purchase of king or Spanish mackerel of the closed species, § 622.44 Commercial trip limits. migratory group, zone, subzone, or gear Commercial trip limits are limits on type is prohibited, including such king the amount of the applicable species or Spanish mackerel taken under the that may be possessed on board or bag limits. landed, purchased, or sold from a vessel
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per day. A person who fishes in the and Spanish mackerel has been issued, EEZ may not combine a trip limit as required under § 622.4(a)(2)(iv)— specified in this section with any trip (A) From November 1 each fishing or possession limit applicable to state year, until 75 percent of the subzone’s waters. A species subject to a trip limit fishing year quota of king mackerel specified in this section taken in the has been harvested—in amounts not ex- EEZ may not be transferred at sea, re- ceeding 750 lb (340 kg) per day. gardless of where such transfer takes (B) From the date that 75 percent of place, and such species may not be the subzone’s fishing year quota of transferred in the EEZ. For fisheries king mackerel has been harvested until governed by this part, commercial trip a closure of the Florida east coast limits apply as follows: subzone has been effected under (a) King mackerel—(1) Atlantic group. § 622.43(a)—in amounts not exceeding (i) North of 29°25’ N. lat., which is a 500 lb (227 kg) per day. However, if 75 line directly east from the Flagler/ percent of the subzone’s quota has not Volusia County, FL, boundary, king been harvested by February 15, the ves- mackerel in or from the EEZ may not sel limit remains at 750 lb (340 kg) per be possessed on board or landed from a day until the subzone’s quota is filled vessel in a day in amounts exceeding or until March 31, whichever occurs 3,500 lb (1,588 kg). first. (ii) In the area between 29°25’ N. lat. (ii) Florida west coast subzone—(A) and 28°47.8’ N. lat., which is a line di- Gillnet gear. (1) In the Florida west rectly east from the Volusia/Brevard coast subzone, king mackerel in or County, FL, boundary, king mackerel from the EEZ may be possessed on in or from the EEZ may not be pos- board or landed from a vessel for which sessed on board or landed from a vessel a commercial permit with a gillnet en- in a day in amounts exceeding 3,500 lb dorsement has been issued, as required (1,588 kg) from April 1 through October under § 622.4(a)(2)(ii), from July 1, each 31. fishing year, until a closure of the (iii) In the area between 28°47.8’ N. Florida west coast subzone’s fishery for lat. and 25°20.4’ N. lat., which is a line vessels fishing with run-around gillnets directly east from the Dade/Monroe has been effected under § 622.43(a)—in County, FL, boundary, king mackerel amounts not exceeding 25,000 lb (11,340 in or from the EEZ may not be pos- kg) per day. sessed on board or landed from a vessel (2) In the Florida west coast subzone: in a day in amounts exceeding 500 lb (i) King mackerel in or from the EEZ (227 kg) from April 1 through October may be possessed on board or landed 31. from a vessel that uses or has on board (iv) In the area between 25°20.4’ N. a run-around gillnet on a trip only lat. and 25°48’ N. lat., which is a line di- when such vessel has on board a com- rectly west from the Monroe/Collier mercial permit for king and Spanish County, FL, boundary, king mackerel mackerel with a gillnet endorsement. in or from the EEZ may not be pos- (ii) King mackerel from the west sessed on board or landed from a vessel coast subzone landed by a vessel for in a day in amounts exceeding 1,250 lb which such commercial permit with (567 kg) from April 1 through October endorsement has been issued will be 31. counted against the run-around gillnet (2) Gulf group. Commercial trip limits quota of § 622.42(c)(1)(i)(A)(2)(ii). are established in the eastern zone as (iii) King mackerel in or from the follows. (See § 622.42(c)(1)(i) for speci- EEZ harvested with gear other than fication of the eastern zone and run-around gillnet may not be retained § 622.42(c)(1)(i)(A)(3) for specifications of on board a vessel for which such com- the subzones in the eastern zone.) mercial permit with endorsement has (i) Florida east coast subzone. In the been issued. Florida east coast subzone, king mack- (B) Hook-and-line gear. In the Florida erel in or from the EEZ may be pos- west coast subzone, king mackerel in sessed on board or landed from a vessel or from the EEZ may be possessed on for which a commercial permit for king board or landed from a vessel with a
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commercial permit for king and Span- adjusted quota is taken, in amounts ish mackerel, as required by not exceeding 1,500 lb (680 kg). § 622.4(a)(2)(iv), and operating under the (D) After 100 percent of the adjusted hook-and-line gear quota in quota is taken through the end of the § 622.42(c)(1)(i)(A)(2)(i): fishing year, in amounts not exceeding (1) From July 1 each fishing year, 500 lb (227kg). until 75 percent of the subzone’s hook- (2) For the purpose of paragraph and-line gear quota has been har- (b)(1)(ii) of this section, the adjusted vested—in amounts not exceeding 1,250 quota is 3.25 million lb (1.47 million lb (567 kg) per day. kg). The adjusted quota is the quota (2) From the date that 75 percent of for Atlantic migratory group Spanish the subzone’s hook-and-line gear quota mackerel reduced by an amount cal- has been harvested, until a closure of culated to allow continued harvests of the west coast subzone’s fishery for Atlantic migratory group Spanish vessels fishing with hook-and-line gear mackerel at the rate of 500 lb (227 kg) has been effected under § 622.43(a)—in per vessel per day for the remainder of amounts not exceeding 500 lb (227 kg) the fishing year after the adjusted per day. quota is reached. By filing a notifica- (iii) Notice of trip limit changes. The tion with the Office of the Federal Reg- Assistant Administrator, by filing a ister, the Assistant Administrator will notification of trip limit change with announce when 75 percent and 100 per- the Office of the Federal Register, will cent of the adjusted quota is reached or effect the trip limit changes specified is projected to be reached. in paragraphs (a)(2)(i) and (a)(2)(ii)(B) (3) For the purpose of paragraph of this section when the requisite har- (b)(1)(ii) of this section, a day starts at vest level has been reached or is pro- 6 a.m., local time, and extends for 24 jected to be reached. hours. If a vessel terminates a trip (b) Spanish mackerel. (1) Commercial prior to 6 a.m., but retains Spanish trip limits are established for Atlantic mackerel on board after that time, the migratory group Spanish mackerel as Spanish mackerel retained on board follows: will not be considered in possession (i) North of 30°42′45.6″ N. lat., which is during the succeeding day, provided a line directly east from the Georgia/ the vessel is not underway between 6 Florida boundary, Spanish mackerel in a.m. and the time such Spanish mack- or from the EEZ may not be possessed erel are unloaded, and provided such on board or landed in a day from a ves- Spanish mackerel are unloaded prior to sel for which a permit for king and 6 p.m. Spanish mackerel has been issued, as (c) Golden tilefish and snowy grouper. required under § 622.4(a)(2)(iv), in A person who fishes in the South At- amounts exceeding 3,500 lb (1,588 kg). lantic EEZ on a trip and who is not (ii) South of 30°42′45.6″ N. lat., Span- subject to the bag limits may not ex- ish mackerel in or from the EEZ may ceed the following trip limits. (See not be possessed on board or landed in § 622.39(a) for applicability of the bag a day from a vessel for which a permit limits.) for king and Spanish mackerel has (1) Golden tilefish (round weight or been issued, as required under gutted weight, that is, eviscerated but § 622.4(a)(2)(iv)— otherwise whole): (A) From April 1 through October 31, (i) Until the fishing year quota speci- in amounts exceeding 1,500 lb (680 kg). fied in § 622.42(e)(2) is reached, 5,000 lb (B) From November 1 until 75 percent (2,268 kg). of the adjusted quota is taken, in (ii) After the fishing year quota spec- amounts as follows: ified in § 622.42(e)(2) is reached, 300 lb (1) Mondays, Wednesdays, and Fri- (136 kg). days—unlimited. (2) Snowy grouper (round weight or (2) Tuesdays, Thursdays, Saturdays, gutted weight, that is, eviscerated but and Sundays—not exceeding 1,500 lb otherwise whole): (680 kg). (i) Until the fishing year quota speci- (C) After 75 percent of the adjusted fied in § 622.42(e)(1) is reached, 2,500 lb quota is taken until 100 percent of the (1,134 kg).
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(ii) After the fishing year quota spec- (2) A Caribbean prohibited coral that ified in § 622.42(e)(1) is reached, 300 lb is sold in Puerto Rico or the U.S. Vir- (136 kg). gin Islands will be presumed to have (d) Gulf wild live rock. Until the quota been harvested in the Caribbean EEZ, for wild live rock from the Gulf EEZ is unless it is accompanied by docu- reached in 1996, a daily vessel limit of mentation showing that it was har- twenty-five 5-gallon (19–L) buckets, or vested elsewhere. Such documentation volume equivalent (16.88 ft3 (478.0 L)), must contain: applies to the harvest or possession of (i) The information specified in sub- wild live rock in or from the Gulf EEZ, part K of part 300 of this title for mark- regardless of the number or duration of ing containers or packages of fish or trips. wildlife that are imported, exported, or (e) Gulf red snapper. This paragraph transported in interstate commerce. (e) is effective through December 31, (ii) The name and home port of the 1997. vessel, or the name and address of the (1) Except as provided in paragraph individual, harvesting the Caribbean (e)(2) of this section, the trip limit for prohibited coral. red snapper in or from the Gulf for a (iii) The port and date of landing the vessel that has on board a valid com- Caribbean prohibited coral. mercial permit for Gulf reef fish is 200 lb (91 kg), round or eviscerated weight. (iv) A statement signed by the person (2) The trip limit for red snapper in selling the Caribbean prohibited coral or from the Gulf for a vessel that has attesting that, to the best of his or her on board a valid commercial permit for knowledge, information, and belief, Gulf reef fish and a valid Gulf red snap- such Caribbean prohibited coral was per endorsement is 2,000 lb (907 kg), harvested other than in the Caribbean round or eviscerated weight. EEZ or the waters of Puerto Rico or (3) As a condition of a commercial the U.S. Virgin Islands. vessel permit for Gulf reef fish, as re- (b) Caribbean reef fish. A live red hind quired under § 622.4(a)(2)(v), without re- or live mutton snapper in or from the gard to where red snapper are har- Caribbean EEZ may not be sold or pur- vested or possessed, a vessel with such chased and used in the marine aquar- permit— ium trade. (i) May not possess red snapper in or (c) Gulf reef fish. (1) A Gulf reef fish from the Gulf in excess of the appro- harvested in the EEZ on board a vessel priate vessel trip limit, as specified in that does not have a valid commercial paragraph (e)(1) or (e)(2) of this section. permit for Gulf reef fish, as required (ii) May not transfer at sea red snap- under § 622.4(a)(2)(v), or a Gulf reef fish per in or from the Gulf. possessed under the bag limits speci- (f) Caribbean queen conch. A person fied in § 622.39(b), may not be sold or who fishes in the Caribbean EEZ and is purchased. not subject to the bag limit may not (2) A Gulf reef fish harvested on possess in or from the Caribbean EEZ board a vessel that has a valid commer- more than 150 queen conch per day. cial permit for Gulf reef fish may be sold only to a dealer who has a valid [61 FR 34934, July 3, 1996, as amended at 61 FR 48415, Sept. 13, 1996; 61 FR 48851, Sept. 17, permit for Gulf reef fish, as required 1996; 61 FR 65484, Dec. 13, 1996; 62 FR 23674, under § 622.4(a)(4). May 1, 1997] (3) A Gulf reef fish harvested in the EEZ may be purchased by a dealer who § 622.45 Restrictions on sale/purchase. has a valid permit for Gulf reef fish, as In addition to restrictions on sale/ required under § 622.4(a)(4), only from a purchase related to closures, as speci- vessel that has a valid commercial per- fied in § 622.43 (a) and (b), restrictions mit for Gulf reef fish. on sale and/or purchase apply as fol- (d) South Atlantic snapper-grouper. (1) lows. A person may sell South Atlantic snap- (a) Caribbean coral reef resource. (1) No per-grouper harvested in the EEZ only person may sell or purchase a Carib- to a dealer who has a valid permit for bean prohibited coral harvested in the South Atlantic snapper-grouper, as re- Caribbean EEZ. quired under § 622.4(a)(4).
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(2) A person may purchase South At- or sold only to a dealer who has a valid lantic snapper-grouper harvested in the permit for rock shrimp, as required EEZ only from a vessel that has a valid under § 622.4(a)(4). commercial permit for South Atlantic (3) Rock shrimp harvested in the snapper-grouper, as required under South Atlantic EEZ may be received or § 622.4(a)(2)(iv), or from a person who purchased by a dealer who has a valid has a valid commercial license to sell permit for rock shrimp, as required fish in the state where the purchase oc- under § 622.4(a)(4), only from a vessel curs. that has a valid commercial permit for (3) Except for the sale or purchase of rock shrimp. South Atlantic snapper-grouper har- [61 FR 34934, July 3, 1996, as amended at 61 vested by a vessel that has a valid com- FR 43960, Aug. 27, 1996; 61 FR 47449, Sept. 9, mercial permit for South Atlantic 1996] snapper-grouper, the sale or purchase of such fish is limited to the bag limits § 622.46 Prevention of gear conflicts. specified in § 622.39(d)(1). (a) No person may knowingly place in (4) A warsaw grouper or speckled the Gulf EEZ any article, including hind in or from the South Atlantic fishing gear, that interferes with fish- EEZ may not be sold or purchased. ing or obstructs or damages fishing (e) South Atlantic wild live rock. Wild gear or the fishing vessel of another; or live rock in or from the South Atlantic knowingly use fishing gear in such a EEZ may not be sold or purchased. The fashion that it obstructs or damages prohibition on sale or purchase does the fishing gear or fishing vessel of an- not apply to wild live rock that was other. harvested and landed prior to January (b) In accordance with the procedures 1, 1996. and restrictions of the FMP for the (f) South Atlantic golden crab. (1) A fe- Shrimp Fishery of the Gulf of Mexico, male golden crab in or from the South the RD may modify or establish sepa- Atlantic EEZ may not be sold or pur- ration zones for shrimp trawling and chased. the use of fixed gear to prevent gear (2) A golden crab harvested in the conflicts. Necessary prohibitions or re- South Atlantic EEZ on board a vessel strictions will be published in the FED- that does not have a valid commercial ERAL REGISTER. permit for golden crab, as required (c) In accordance with the procedures under § 622.17(a), may not be sold or and restrictions of the FMP for Coastal purchased. Migratory Pelagic Resources, when the (3) A golden crab harvested on board RD determines that a conflict exists in a vessel that has a valid commercial the king mackerel fishery between permit for golden crab may be sold hook-and-line and gillnet fishermen in only to a dealer who has a valid permit the South Atlantic EEZ off the east for golden crab, as required under coast of Florida between 27°00.6′ N. lat. § 622.4(a)(4). and 27°50.0′ N. lat., the RD may pro- (4) A golden crab harvested in the hibit or restrict the use of hook-and- South Atlantic EEZ may be purchased line and/or gillnets in all or a portion by a dealer who has a valid permit for of that area. Necessary prohibitions or golden crab, as required under restrictions will be published in the § 622.4(a)(4), only from a vessel that has FEDERAL REGISTER. a valid commercial permit for golden crab. § 622.47 Gulf groundfish trawl fishery. (g) South Atlantic rock shrimp. (1) Gulf groundfish trawl fishery means Rock shrimp harvested in the South fishing in the Gulf EEZ by a vessel that Atlantic EEZ on board a vessel that uses a bottom trawl, the unsorted does not have a valid commercial per- catch of which is ground up for animal mit for rock shrimp, as required under feed or industrial products. § 622.4(a)(2)(viii), may not be trans- (a) Other provisions of this part not- ferred, received, sold, or purchased. withstanding, the owner or operator of (2) Rock shrimp harvested on board a a vessel in the Gulf groundfish trawl vessel that has a valid commercial per- fishery is exempt from the following mit for rock shrimp may be transferred requirements and limitations for the
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vessel’s unsorted catch of Gulf reef to complete prohibition), and seasonal fish: or area closures. (1) The requirement for a valid com- (g) South Atlantic golden crab. MSY, mercial vessel permit for Gulf reef fish ABC, TAC, quotas (including quotas in order to sell Gulf reef fish. equal to zero), trip limits, minimum (2) Minimum size limits for Gulf reef sizes, gear regulations and restrictions, fish. permit requirements, seasonal or area (3) Bag limits for Gulf reef fish. closures, time frame for recovery of (4) The prohibition on sale of Gulf golden crab if overfished, fishing year reef fish after a quota closure. (adjustment not to exceed 2 months), (b) Other provisions of this part not- observer requirements, and authority withstanding, a dealer in a Gulf state for the RD to close the fishery when a is exempt from the requirement for a quota is reached or is projected to be dealer permit for Gulf reef fish to re- reached. ceive Gulf reef fish harvested from the (h) South Atlantic shrimp. Certified Gulf EEZ by a vessel in the Gulf BRDs and BRD specifications. groundfish trawl fishery. [61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996; 62 FR 13988, Mar. 25, § 622.48 Adjustment of management 1997; 62 FR 18539, Apr. 16, 1997] measures. In accordance with the framework APPENDIX A TO PART 622—SPECIES procedures of the applicable FMPs, the TABLES RD may establish or modify the follow- TABLE 1 OF APPENDIX A TO PART 622— ing management measures: CARIBBEAN CORAL REEF RESOURCES (a) Caribbean coral reef resources. Spe- cies for which management measures I. Sponges—Phylum Porifera A. Demosponges—Class Demospongiae may be specified; prohibited species; Aphimedon compressa, Erect rope sponge harvest limitations, including quotas, Chondrilla nucula, Chicken liver sponge trip, or daily landing limits; gear re- Cynachirella alloclada strictions; closed seasons or areas; and Geodia neptuni, Potato sponge marine conservation districts. Haliclona sp., Finger sponge (b) Caribbean reef fish. Size limits, Myriastra sp. closed seasons or areas, fish trap mesh Niphates digitalis, Pink vase sponge size, and the threshold level for over- N. erecta, Lavender rope sponge Spinosella policifera fishing. S. vaginalis (c) Coastal migratory pelagic fish. For Tethya crypta cobia or for migratory groups of king II. Coelenterates—Phylum Coelenterata or Spanish mackerel: MSY, TAC, A. Hydrocorals—Class Hydrozoa quotas, bag limits, size limits, vessel 1. Hydroids—Order Athecatae trip limits, closed seasons or areas, Family Milleporidae gear restrictions, and initial permit re- Millepora spp., Fire corals Family Stylasteridae quirements. Stylaster roseus, Rose lace corals (d) Gulf reef fish. (1) For a species or B. Anthozoans—Class Anthozoa species group: Target date for rebuild- 1. Soft corals—Order Alcyonacea ing an overfished species, TAC, bag Family Anthothelidae limits, size limits, vessel trip limits, Erythropodium caribaeorum, Encrusting closed seasons or areas, gear restric- gorgonian tions, reopening of a fishery pre- Iciligorgia schrammi, Deepwater sea fan Family Briaridae maturely closed, and quotas. Briareum asbestinum, Corky sea finger (2) SMZs and the gear restrictions ap- Family Clavulariidae plicable in each. Carijoa riisei (e) Gulf royal red shrimp. MSY, OY, Telesto spp. and TAC. 2. Gorgonian corals—Order Gorgonacea (f) South Atlantic snapper-grouper and Family Ellisellidae wreckfish. For species or species groups: Ellisella spp., Sea whips Family Gorgoniidae Target dates for rebuilding overfished Gorgonia flabellum, Venus sea fan species, MSY, ABC, TAC, quotas, trip G. mariae, Wide-mesh sea fan limits, bag limits, minimum sizes, gear G. ventalina, Common sea fan restrictions (ranging from regulation Pseudopterogorgia acerosa, Sea plume
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P. albatrossae Meandrina meandrites, Maze coral P. americana, Slimy sea plume Family Mussidae P. bipinnata, Bipinnate plume Isophyllastrea rigida, Rough star coral P. rigida Isophyllia sinuosa, Sinuous cactus Pterogorgia anceps, Angular sea whip Mussa angulosa, Large flower coral P. citrina, Yellow sea whip Mycetophyllia aliciae, Thin fungus coral Family Plexauridae M. danae, Fat fungus coral Eunicea calyculata, Warty sea rod M. ferox, Grooved fungus E. clavigera M. lamarckiana, Fungus coral E. fusca, Doughnut sea rod Scolymia cubensis, Artichoke coral E. knighti S. lacera, Solitary disk E. laciniata Family Oculinidae E. laxispica Oculina diffusa, Ivory bush coral E. mammosa, Swollen-knob Family Pocilloporidae E. succinea, Shelf-knob sea rod Madracis decactis, Ten-ray star coral E. touneforti M. mirabilis, Yellow pencil Muricea atlantica Family Poritidae M. elongata, Orange spiny rod Porites astreoides, Mustard hill coral M. laxa, Delicate spiny rod P. branneri, Blue crust coral M. muricata, Spiny sea fan P. divaricata, Small finger coral M. pinnata, Long spine sea fan P. porites, Finger coral Muriceopsis sp. Family Rhizangiidae M. flavida, Rough sea plume Astrangia solitaria, Dwarf cup coral M. sulphurea Phyllangia americana, Hidden cup coral Plexaura flexuosa, Bent sea rod Family Siderastreidae P. homomalla, Black sea rod Siderastrea radians, Lesser starlet Plexaurella dichotoma, Slit-pore sea rod S. siderea, Massive starlet P. fusifera 4. Black Corals—Order Antipatharia P. grandiflora Antipathes spp., Bushy black coral P. grisea Stichopathes spp., Wire coral P. nutans, Giant slit-pore 5. Anemones—Order Actiniaria Pseudoplexaura crucis Aiptasia tagetes, Pale anemone P. flagellosa Bartholomea annulata, Corkscrew anemone P. porosa, Porous sea rod Condylactis gigantea, Giant pink-tipped P. wagenaari anemone 3. Hard Corals—Order Scleractinia Hereractis lucida, Knobby anemone Family Acroporidae Lebrunia spp., Staghorn anemone Acropora cervicornis, Staghorn coral Stichodactyla helianthus, Sun anemone A. palmata, Elkhorn coral 6. Colonial Anemones—Order Zoanthidea A. prolifera, Fused staghorn Zoanthus spp., Sea mat Family Agaricidae 7. False Corals—Order Corallimorpharia Agaricia agaricities, Lettuce leaf coral Discosoma spp. (formerly Rhodactis), False A. fragilis, Fragile saucer coral A. lamarcki, Lamarck’s sheet Ricordia florida, Florida false coral A. tenuifolia, Thin leaf lettuce III. Annelid Worms—Phylum Annelida Leptoseris cucullata, Sunray lettuce A. Polychaetes—Class Polychaeta Family Astrocoeniidae Family Sabellidae, Feather duster worms Stephanocoenia michelinii, Blushing star Sabellastarte spp., Tube worms Family Caryophyllidae S. magnifica, Magnificent duster Eusmilia fastigiata, Flower coral Family Serpulidae Tubastrea aurea, Cup coral Spirobranchus giganteus, Christmas tree Family Faviidae worm Cladocora arbuscula, Tube coral IV. Mollusks—Phylum Mollusca Colpophyllia natans, Boulder coral A. Gastropods—Class Gastropoda Diploria clivosa, Knobby brain coral Family Elysiidae D. labyrinthiformis, Grooved brain Tridachia crispata, Lettuce sea slug D. strigosa, Symmetrical brain Family Olividae Favia fragum, Golfball coral Oliva reticularis, Netted olive Manicina areolata, Rose coral Family Ovulidae M. mayori, Tortugas rose coral Cyphoma gibbosum, Flamingo tongue Montastrea annularis, Boulder star coral Family Ranellidae M. cavernosa, Great star coral Charonia tritonis, Atlantic triton trumpet Solenastrea bournoni, Smooth star coral Family Strombidae, Winged conchs Family Meandrinidae Strombus spp. (except Queen conch, S. gigas) Dendrogyra cylindrus, Pillar coral B. Bivalves—Class Bivalvia Dichocoenia stellaris, Pancake star Family Limidae D. stokesi, Elliptical star Lima spp., Fileclams
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L. scabra, Rough fileclam Ventricaria ventricosa, Sea pearls Family Spondylidae X. Red Algae—Phylum Rhodophyta Spondylus americanus, Atlantic thorny oys- XI. Sea grasses—Phylum Angiospermae ter Halodule wrightii, Shoal grass C. Cephalopods—Class Cephalopoda Halophila spp., Sea vines 1. Octopuses—Order Octopoda Ruppia maritima, Widgeon grass Family Octopodidae Syringodium filiforme, Manatee grass Octopus spp. (except the Common octopus, Thalassia testudium, Turtle grass O. vulgaris) V. Arthropods—Phylum Arthropoda TABLE 2 OF APPENDIX A TO PART 622— A. Crustaceans—Subphylum Crustacea CARIBBEAN REEF FISH 1. Decapods—Order Decapoda Acanthuridae—Surgeonfishes Family Alpheidae Ocean surgeonfish, Acanthurus bahianus Alpheaus armatus, Snapping shrimp Doctorfish, Acanthurus chirurgus Family Diogenidae Blue tang, Acanthurus coeruleus Paguristes spp., Hermit crabs Antennariidae—Frogfishes P. cadenati, Red reef hermit Frogfish, Antennarius spp. Family Grapsidae Apogonidae—Cardinalfishes Percnon gibbesi, Nimble spray crab Flamefish, Apogon maculatus Family Hippolytidae Conchfish, Astrapogen stellatus Lysmata spp., Peppermint shrimp Aulostomidae—Trumpetfishes Thor amboinensis, Anemone shrimp Trumpetfish, Aulostomus maculatus Family Majidae, Coral crabs Balistidae—Leatherjackets Mithrax spp., Clinging crabs Scrawled filefish, Aluterus scriptus M. cinctimanus, Banded clinging Queen triggerfish, Balistes vetula M. sculptus, Green clinging Whitespotted filefish, Cantherhines Stenorhynchus seticornis, Yellowline arrow macrocerus Family Palaemonida Ocean triggerfish, Canthidermis sufflamen Periclimenes spp., Cleaner shrimp Black durgon, Melichthys niger Family Squillidae, Mantis crabs Sargassum triggerfish, Xanthichthys rigens Gonodactylus spp. Blenniidae—Combtooth blennies Lysiosquilla spp. Redlip blenny, Ophioblennius atlanticus Family Stenopodidae, Coral shrimp Bothidae—Lefteye flounders Stenopus hispidus, Banded shrimp Peacock flounder, Bothus lunatus S. scutellatus, Golden shrimp Carangidae—Jacks VI. Bryozoans—Phylum Bryozoa Yellow jack, Caranx bartholomaei VII. Echinoderms—Phylum Echinodermata Blue runner, Caranx crysos A. Feather stars—Class Crinoidea Horse-eye jack, Caranx latus Analcidometra armata, Swimming crinoid Black jack, Caranx lugubris Davidaster spp., Crinoids Bar jack, Caranx ruber Nemaster spp., Crinoids Greater amberjack, Seriola dumerili B. Sea stars—Class Asteroidea Almaco jack, Seriola rivoliana Astropecten spp., Sand stars Chaetodontidae—Butterflyfishes Linckia guildingii, Common comet star Longsnout butterflyfish, Chaetodon Ophidiaster guildingii, Comet star aculeatus Oreaster reticulatus, Cushion sea star Foureye butterflyfish, Chaetodon C. Brittle and basket stars—Class capistratus Ophiuroidea Spotfin butterflyfish, Chaetodon ocellatus Astrophyton muricatum, Giant basket star Banded butterflyfish, Chaetodon striatus Ophiocoma spp., Brittlestars Cirrhitidae—Hawkfishes Ophioderma spp., Brittlestars Redspotted hawkfish, Amblycirrhitus pinos O. rubicundum, Ruby brittlestar Dactylopteridae—Flying gurnards D. Sea Urchins—Class Echinoidea Flying gurnard, Dactylopterus volitans Diadema antillarum, Long-spined urchin Ephippidae—Spadefishes Echinometra spp., Purple urchin Atlantic spadefish, Chaetodipterus faber Eucidaris tribuloides, Pencil urchin Gobiidae—Gobies Lytechinus spp., Pin cushion urchin Neon goby, Gobiosoma oceanops Tripneustes ventricosus, Sea egg Rusty goby, Priolepis hipoliti E. Sea Cucumbers—Class Holothuroidea Grammatidae—Basslets Holothuria spp., Sea cucumbers Royal gramma, Gramma loreto VIII. Chordates—Phylum Chordata Haemulidae—Grunts A. Tunicates—Subphylum Urochordata Porkfish, Anisotremus virginicus IX. Green Algae—Phylum Chlorophyta Margate, Haemulon album Caulerpa spp., Green grape algae Tomtate, Haemulon aurolineatum Halimeda spp., Watercress algae French grunt, Haemulon flavolineatum Penicillus spp., Neptune’s brush White grunt, Haemulon plumieri Udotea spp., Mermaid’s fan Bluestriped grunt, Haemulon sciurus
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Holocentridae—Squirrelfishes Dusky damselfish, Pomacentrus fuscus Squirrelfish, Holocentrus adscensionis Beaugregory, Pomacentrus leucostictus Longspine squirrelfish, Holocentrus rufus Bicolor damselfish, Pomacentrus partitus Blackbar soldierfish, Myripristis jacobus Threespot damselfish, Pomacentrus Cardinal soldierfish, Plectrypops retrospinis planifrons Labridae—Wrasses Priacanthidae—Bigeyes Spanish hogfish, Bodianus rufus Bigeye, Priacanthus arenatus Creole wrasse, Clepticus parrae Glasseye snapper, Priacanthus cruentatus Yellowcheek wrasse, Halichoeres Scaridae—Parrotfishes cyanocephalus Midnight parrotfish, Scarus coelestinus Yellowhead wrasse, Halichoeres garnoti Blue parrotfish, Scarus coeruleus Clown wrasse, Halichoeres maculipinna Striped parrotfish, Scarus croicensis Puddingwife, Halichoeres radiatus Rainbow parrotfish, Scarus guacamaia Pearly razorfish, Hemipteronotus novacula Princess parrotfish, Scarus taeniopterus Green razorfish, Hemipteronotus splendens Queen parrotfish, Scarus vetula Hogfish, Lachnolaimus maximus Redband parrotfish, Sparisoma Bluehead wrasse, Thalassoma bifasciatum aurofrenatum Lutjanidae—Snappers Redtail parrotfish, Sparisoma chrysopterum Black snapper, Apsilus dentatus Redfin parrotfish, Sparisoma rubripinne Queen snapper, Etelis oculatus Stoplight parrotfish, Sparisoma viride Mutton snapper, Lutjanus analis Sciaenidae—Drums Schoolmaster, Lutjanus apodus High-hat, Equetus acuminatus Blackfin snapper, Lutjanus buccanella Jackknife-fish, Equetus lanceolatus Gray snapper, Lutjanus griseus Spotted drum, Equetus punctatus Dog snapper, Lutjanus jocu Scorpaenidae—Scorpionfishes Mahogany snapper, Lutjanus mahogani Serranidae—Sea basses Lane snapper, Lutjanus synagris Rock hind, Epinephelus adscensionis Silk snapper, Lutjanus vivanus Graysby, Epinephelus cruentatus Yellowtail snapper, Ocyurus chrysurus Yellowedge grouper, Epinephelus Wenchman, Pristipomoides aquilonaris flavolimbatus Vermilion snapper, Rhomboplites aurorubens Coney, Epinephelus fulvus Malacanthidae—Tilefishes Red hind, Epinephelus guttatus Blackline tilefish, Caulolatilus cyanops Jewfish, Epinephelus itajara Sand tilefish, Malacanthus plumieri Red grouper, Epinephelus morio Mullidae—Goatfishes Misty grouper, Epinephelus mystacinus Yellow goatfish, Mulloidichthys martinicus Nassau Grouper, Epinephelus striatus Spotted goatfish, Pseudupeneus maculatus Butter hamlet, Hypoplectrus unicolor Muraenidae—Morays Swissguard basslet, Liopropoma rubre Chain moray, Echidna catenata Yellowfin grouper, Mycteroperca venenosa Green moray, Gymnothorax funebris Tiger grouper, Mycteroperca tigris Goldentail moray, Gymnothorax miliaris Creole-fish, Paranthias furcifer Ogcocephalidae—Batfishes Greater soapfish, Rypticus saponaceus Batfish, Ogcocepahalus spp. Orangeback bass, Serranus annularis Ophichthidae—Snake eels Lantern bass, Serranus baldwini Goldspotted eel, Myrichthys ocellatus Tobaccofish, Serranus tabacarius Opistognathidae—Jawfishes Harlequin bass, Serranus tigrinus Yellowhead jawfish, Opistognathus Chalk bass, Serranus tortugarum aurifrons Soleidae—Soles Dusky jawfish, Opistognathus whitehursti Caribbean tonguefish, Symphurus arawak Ostraciidae—Boxfishes Sparidae—Porgies Spotted trunkfish, Lactophrys bicaudalis Sea bream, Archosargus rhomboidalis Honeycomb cowfish, Lactophrys polygonia Jolthead porgy, Calamus bajonado Scrawled cowfish, Lactophrys quadricornis Sheepshead porgy, Calamus penna Trunkfish, Lactophrys trigonus Pluma, Calamus pennatula Smooth trunkfish, Lactophrys triqueter Syngnathidae—Pipefishes Pomacanthidae—Angelfishes Seahorses, Hippocampus spp. Cherubfish, Centropyge argi Pipefishes, Syngnathus spp. Queen angelfish, Holacanthus ciliaris Synodontidae—Lizardfishes Rock beauty, Holacanthus tricolor Sand diver, Synodus intermedius Gray angelfish, Pomacanthus arcuatus Tetraodontidae—Puffers French angelfish, Pomacanthus paru Sharpnose puffer, Canthigaster rostrata Pomacentridae—Damselfishes Porcupinefish, Diodon hystrix Sergeant major, Abudefduf saxatilis TABLE 3 OF APPENDIX A TO PART 622—GULF Blue chromis, Chromis cyanea REEF FISH Sunshinefish, Chromis insolata Yellowtail damselfish, Microspathodon Balistidae—Triggerfishes chrysurus Gray triggerfish, Balistes capriscus
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Queen triggerfish, Balistes vetula Gray triggerfish, Balistes capriscus Carangidae—Jacks Queen triggerfish, Balistes vetula Greater amberjack, Seriola dumerili Ocean triggerfish, Canthidermis sufflamen Lesser amberjack, Seriola fasciata Carangidae—Jacks Almaco jack, Seriola rivoliana Yellow jack, Caranx bartholomaei Banded rudderfish, Seriola zonata Blue runner, Caranx crysos Haemulidae—Grunts Crevalle jack, Caranx hippos Tomtate, Haemulon aurolineatum Bar jack, Caranx ruber White grunt, Haemulon plumieri Greater amberjack, Seriola dumerili Pigfish, Orthopristis chrysoptera Lesser amberjack, Seriola fasciata Labridae—Wrasses Almaco jack, Seriola rivoliana Hogfish, Lachnolaimus maximus Banded rudderfish, Seriola zonata Lutjanidae—Snappers Ephippidae—Spadefishes Queen snapper, Etelis oculatus Spadefish, Chaetodipterus faber Mutton snapper, Lutjanus analis Haemulidae—Grunts Schoolmaster, Lutjanus apodus Black margate, Anisotremus surinamensis Blackfin snapper, Lutjanus buccanella Porkfish, Anisotremus virginicus Red snapper, Lutjanus campechanus Margate, Haemulon album Cubera snapper, Lutjanus cyanopterus Tomtate, Haemulon aurolineatum Gray (mangrove) snapper, Lutjanus griseus Smallmouth grunt, Haemulon Dog snapper, Lutjanus jocu chrysargyreum Mahogany snapper, Lutjanus mahogoni French grunt, Haemulon flavolineatum Lane snapper, Lutjanus synagris Spanish grunt, Haemulon macrostomum Silk snapper, Lutjanus vivanus Cottonwick, Haemulon melanurum Yellowtail snapper, Ocyurus chrysurus Sailors choice, Haemulon parrai Wenchman, Pristipomoides aquilonaris White grunt, Haemulon plumieri Vermilion snapper, Rhomboplites aurorubens Blue stripe grunt, Haemulon sciurus Malacanthidae—Tilefishes Labridae—Wrasses Goldface tilefish, Caulolatilus chrysops Hogfish, Lachnolaimus maximus Blackline tilefish, Caulolatilus cyanops Puddingwife, Halichoeres radiatus Anchor tilefish, Caulolatilus intermedius Lutjanidae—Snappers Blueline tilefish, Caulolatilus microps Black snapper, Apsilus dentatus Tilefish, Lopholatilus chamaeleonticeps Queen snapper, Etelis oculatus Serranidae—Sea Basses and Groupers Mutton snapper, Lutjanus analis Bank sea bass, Centropristis ocyurus Schoolmaster, Lutjanus apodus Rock sea bass, Centropristis philadelphica Blackfin snapper, Lutjanus buccanella Black sea bass, Centropristis striata Red snapper, Lutjanus campechanus Dwarf sand perch, Diplectrum bivittatum Cubera snapper, Lutjanus cyanopterus Sand perch, Diplectrum formosum Gray snapper, Lutjanus griseus Rock hind, Epinephelus adscensionis Mahogany snapper, Lutjanus mahogoni Speckled hind, Epinephelus drummondhayi Dog snapper, Lutjanus jocu Yellowedge grouper, Epinephelus Lane snapper, Lutjanus synagris flavolimbatus Silk snapper, Lutjanus vivanus Red hind, Epinephelus guttatus Yellowtail snapper, Ocyurus chrysurus Jewfish, Epinephelus itajara Vermilion snapper, Rhomboplites aurorubens Red grouper, Epinephelus morio Malacanthidae—Tilefishes Misty grouper, Epinephelus mystacinus Blueline tilefish, Caulolatilus microps Warsaw grouper, Epinephelus nigritus Golden tilefish, Lopholatilus Snowy grouper, Epinephelus niveatus chamaeleonticeps Nassau grouper, Epinephelus striatus Sand tilefish, Malacanthus plumieri Black grouper, Mycteroperca bonaci Percichthyidae—Temperate basses Yellowmouth grouper, Mycteroperca Wreckfish, Polyprion americanus interstitialis Serranidae—Sea Basses and Groupers Gag, Mycteroperca microlepis Bank sea bass, Centropristis ocyurus Scamp, Mycteroperca phenax Rock sea bass, Centropristis philadelphica Yellowfin grouper, Mycteroperca venenosa Black sea bass, Centropristis striata Sparidae—Porgies Rock hind, Epinephelus adscensionis Grass porgy, Calamus arctifrons Graysby, Epinephelus cruentatus Jolthead porgy, Calamus bajonado Speckled hind, Epinephelus drummondhayi Knobbed porgy, Calamus nodosus Yellowedge grouper, Epinephelus Littlehead porgy, Calamus proridens flavolimbatus Pinfish, Lagodon rhomboides Coney, Epinephelus fulvus Red porgy, Pagrus pagrus Red hind, Epinephelus guttatus Jewfish, Epinephelus itajara TABLE 4 OF APPENDIX A TO PART 622—SOUTH Red grouper, Epinephelus morio ATLANTIC SNAPPER-GROUPER Misty grouper, Epinephelus mystacinus Balistidae—Triggerfishes Warsaw grouper, Epinephelus nigritus
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Snowy grouper, Epinephelus niveatus Jolthead porgy, Calamus bajonado Nassau grouper, Epinephelus striatus Saucereye porgy, Calamus calamus Black grouper, Mycteroperca bonaci Whitebone porgy, Calamus leucosteus Yellowmouth grouper, Mycteroperca Knobbed porgy, Calamus nodosus interstitialis Red porgy, Pagrus pagrus Gag, Mycteroperca microlepis Longspine porgy, Stenotomus caprinus Scamp, Mycteroperca phenax Scup, Stenotomus chrysops Tiger grouper, Mycteroperca tigris Yellowfin grouper, Mycteroperca venenosa [61 FR 34934, July 3, 1996, as amended at 62 Sparidae—Porgies FR 13988, Mar. 25, 1997] Sheepshead, Archosargus probatocephalus Grass porgy, Calamus arctifrons APPENDIX B TO PART 622—GULF AREAS
TABLE 1 OF APPENDIX B TO PART 622.ÐSEAWARD COORDINATES OF THE LONGLINE AND BUOY GEAR RESTRICTED AREA
Point No. and reference location 1 North lat. West long.
1 Seaward limit of Florida's waters north of Dry Tortugas ...... 24°48.0′ 82°48.0′ 2 North of Rebecca Shoal ...... 25°07.5′ 82°34.0′ 3 Off Sanibel IslandÐOffshore ...... 26°26.0′ 82°59.0′ 4 West of Egmont Key ...... 27°30.0′ 83°21.5′ 5 Off Anclote KeysÐOffshore ...... 28°10.0′ 83°45.0′ 6 Southeast corner of Florida Middle Ground ...... 28°11.0′ 84°00.0′ 7 Southwest corner of Florida Middle Ground ...... 28°11.0′ 84°07.0′ 8 West corner of Florida Middle Ground ...... 28°26.6′ 84°24.8′ 9 Northwest corner of Florida Middle Ground ...... 28°42.5′ 84°24.8′ 10 South of Carrabelle ...... 29°05.0′ 84°47.0′ 11 South of Cape St. George ...... 29°02.5′ 85°09.0′ 12 South of Cape San Blas lighted bell buoyÐ20 fathoms ...... 29°21.0′ 85°30.0′ 13 South of Cape San Blas lighted bell buoyÐ50 fathoms ...... 28°58.7′ 85°30.0′ 14 De Soto Canyon ...... 30°06.0′ 86°55.0′ 15 South of Pensacola ...... 29°46.0′ 87°19.0′ 16 South of Perdido Bay ...... 29°29.0′ 87°27.5′ 17 East of North Pass of the Mississippi River ...... 29°14.5′ 88°28.0′ 18 South of Southwest Pass of the Mississippi River ...... 28°46.5′ 89°26.0′ 19 Northwest tip of Mississippi Canyon ...... 28°38.5′ 90°08.5′ 20 West side of Mississippi Canyon ...... 28°34.5′ 89°59.5′ 21 South of Timbalier Bay ...... 28°22.5′ 90°02.5′ 22 South of Terrebonne Bay ...... 28°10.5′ 90°31.5′ 23 South of Freeport ...... 27°58.0′ 95°00.0′ 24 Off Matagorda Island ...... 27°43.0′ 96°02.0′ 25 Off Aransas Pass ...... 27°30.0′ 96°23.5′ 26 Northeast of Port Mansfield ...... 27°00.0′ 96°39.0′ 27 East of Port Mansfield ...... 26°44.0′ 96°37.5′ 28 Northeast of Port Isabel ...... 26°22.0′ 96°21.0′ 29 U.S./Mexico EEZ boundary ...... 26°00.5′ 96°24.5′ Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of Texas' waters. 1 Nearest identifiable landfall, boundary, navigational aid, or submarine area.
TABLE 2 OF APPENDIX B TO PART 622.ÐSEAWARD COORDINATES OF THE STRESSED AREA
Point No. and reference location 1 North lat. West long.
1 Seaward limit of Florida's waters northeast of Dry Tortugas ...... 24°45.5′ 82°41.5′ 2 North of Marquesas Keys ...... 24°48.0′ 82°06.5′ 3 Off Cape Sable ...... 25°15.0′ 82°02.0′ 4 Off Sanibel IslandÐInshore ...... 26°26.0′ 82°29.0′ 5 Off Sanibel IslandÐOffshore ...... 26°26.0′ 82°59.0′ 6 West of Egmont Key ...... 27°30.0′ 83°21.5′ 7 Off Anclote KeysÐOffshore ...... 28°10.0′ 83°45.0′ 8 Off Anclote KeysÐInshore ...... 28°10.0′ 83°14.0′ 9 Off Deadman Bay ...... 29°38.0′ 84°00.0′ 10 Seaward limit of Florida's waters east of Cape St. George ...... 29°35.5′ 84°38.6′ Thence westerly along the seaward limit of Florida's waters to: 11 Seaward limit of Florida's waters south of Cape San Blas ...... 29°32.2′ 85°27.1′ 12 Southwest of Cape San Blas ...... 29°30.5′ 85°52.0′ 13 Off St. Andrew Bay ...... 29°53.0′ 86°10.0′ 14 De Soto Canyon ...... 30°06.0′ 86°55.0′ 15 South of Florida/Alabama border ...... 29°34.5′ 87°38.0′ 16 Off Mobile Bay ...... 29°41.0′ 88°00.0′ 17 South of Alabama/Mississippi border ...... 30°01.5′ 88°23.7′ 18 Horn/Chandeleur Islands ...... 30°01.5′ 88°40.5′ 19 Chandeleur Islands ...... 29°35.5′ 88°37.0′
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TABLE 2 OF APPENDIX B TO PART 622.ÐSEAWARD COORDINATES OF THE STRESSED AREAÐ Continued
Point No. and reference location 1 North lat. West long.
20 Seaward limit of Louisiana's waters off North Pass of the Mississippi River ...... 29°16.3′ 89°00.0′ Thence southerly and westerly along the seaward limit of Louisiana's waters to: 21 Seaward limit of Louisiana's waters off Southwest Pass of the Mississippi River ... 28°57.3′ 89°28.2′ 22 Southeast of Grand Isle ...... 29°09.0′ 89°47.0′ 23 Quick flashing horn buoy south of Isles Dernieres ...... 28°32.5′ 90°42.0′ 24 Southeast of Calcasieu Pass ...... 29°10.0′ 92°37.0′ 25 South of Sabine PassÐ10 fathoms ...... 29°09.0′ 93°41.0′ 26 South of Sabine PassÐ30 fathoms ...... 28°21.5′ 93°28.0′ 27 East of Aransas Pass ...... 27°49.0′ 96°19.5′ 28 East of Baffin Bay ...... 27°12.0′ 96°51.0′ 29 Northeast of Port Mansfield ...... 26°46.5′ 96°52.0′ 30 Northeast of Port Isabel ...... 26°21.5′ 96°35.0′ 31 U.S./Mexico EEZ boundary ...... 26°00.5′ 96°36.0′ Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of Texas' wa- ters. 1 Nearest identifiable landfall, boundary, navigational aid, or submarine area.
APPENDIX C TO PART 622—FISH LENGTH MEASUREMENTS
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FIGURE 1 OF APPENDIX C TO PART 622ÐCARAPACE LENGTH
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FIGURE 2 OF APPENDIX C TO PART 622ÐFORK LENGTH, TOTAL LENGTH, AND LENGTH FOR DEHEADED GREATER AMBERJACK
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APPENDIX D TO PART 622— (d) Semi-Rigid Hoop. A 30-inch (76.2-cm) di- SPECIFICATIONS FOR CERTIFIED BRDS ameter hoop constructed of plastic-coated trawl cable, swaged together with a 3⁄8-inch A. Extended Funnel. (9.53-mm) micropress sleeve, is installed five 1. Description. The extended funnel BRD meshes behind the trailing edge of the large- consists of an extension with large-mesh mesh escape section. The extension webbing webbing in the center (the large-mesh escape must be laced to the ring around the entire section) and small-mesh webbing on each end circumference and must be equally distrib- held open by a semi-rigid hoop. A funnel of uted on the hoop, that is, 30 meshes must be small-mesh webbing is placed inside the ex- evenly attached to each quadrant. tension to form a passage for shrimp to the (e) Installation. The extended funnel BRD is codend. It also creates an area of reduced attached 8 inches (20.3 cm) behind the pos- water flow to allow for fish escapement terior edge of the TED. If it is attached be- through the large mesh. One side of the fun- hind a soft TED, a second semi-rigid hoop, as nel is extended vertically to form a lead prescribed in paragraph A.2.(d), must be in- panel and area of reduced water flow. There stalled in the front section of the BRD exten- are two sizes of extended funnel BRDs, a sion webbing at the leading edge of the fun- standard size and an inshore size for small nel. The codend of the trawl net is attached trawls. to the trailing edge of the BRD. 2. Minimum Construction and Installation Re- 3. Minimum Construction and Installation Re- quirements for Standard Size. quirements for Inshore Size. (a) Extension Material. The small-mesh sec- (a) Extension Material. The small-mesh sec- tions used on both sides of the large-mesh es- tions used on both sides of the large-mesh es- cape section are constructed of 15⁄8 inch (4.13 cape section are constructed of 13⁄8 inch (3.5 cm), No. 30 stretched mesh, nylon webbing. cm), No. 18 stretched mesh, nylon webbing. The front section is 120 meshes around by 61⁄2 The front section is 120 meshes around by 61⁄2 meshes deep. The back section is 120 meshes meshes deep. The back section is 120 meshes around by 23 meshes deep. around by 23 meshes deep. (b) Large-Mesh Escape Section. The large- (b) Large-Mesh Escape Section. The large- mesh escape section is constructed of 8 to 10 mesh escape section is constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, web- inch (20.3 to 25.4 cm), stretched mesh, web- bing. This section is cut on the bar to form bing. This section is cut on the bar to form a section that is 15 inches (38.1 cm) in length a section that is 15 inches (38.1 cm) by 75 by 95 inches (241.3 cm) in circumference. The inches (190.5 cm) in circumference. The lead- leading edge is attached to the 61⁄2-mesh ex- ing edge is attached to the 61⁄2-mesh exten- tension section and the rear edge is attached sion section and the rear edge is attached to to the 23-mesh extension section. the 23-mesh extension section. (c) Funnel. The funnel is constructed of 11⁄2 (c) Funnel. The funnel is constructed of 13⁄8 inch (3.81 cm), stretched mesh, No. 30 depth- inch (3.5 cm), stretched mesh, No. 18 depth- stretched and heat-set polyethylene webbing. stretched and heat-set polyethylene webbing. The circumference of the leading edge is 120 The circumference of the leading edge is 120 meshes and the back edge is 78 meshes. The meshes and the back edge is 78 meshes. The short side of the funnel is 34 to 36 inches (86.4 short side of the funnel is 30 to 32 inches (76.2 to 91.4 cm) long and the opposite side of the to 81.3 cm) long and the opposite side of the funnel extends an additional 22 to 24 inches funnel extends an additional 20 to 22 inches (55.9 to 61.0 cm). The circumference of the (50.8 to 55.9 cm). The circumference of the leading edge of the funnel is attached to the leading edge of the funnel is attached to the forward small-mesh section three meshes forward small-mesh section three meshes forward of the large-mesh escape section and forward of the large-mesh escape section and is evenly sewn, mesh for mesh, to the small- is evenly sewn, mesh for mesh, to the small- mesh section. The after edge of the funnel is mesh section. The after edge of the funnel is attached to the after small-mesh section at attached to the after small-mesh section at its top and bottom eight meshes back from its top and bottom eight meshes back from the large-mesh escape panel. Seven meshes the large-mesh escape panel. Seven meshes of the top and seven meshes of the bottom of of the top and seven meshes of the bottom of the funnel are attached to eight meshes at the funnel are attached to eight meshes at the top and bottom of the small-mesh sec- the top and bottom of the small-mesh sec- tion, such eight meshes being located imme- tion, such eight meshes being located imme- diately adjacent to the top and bottom cen- diately adjacent to the top and bottom cen- ters of the small-mesh section on the side of ters of the small-mesh section on the side of the funnel’s extended side. The extended side the funnel’s extended side. The extended side of the funnel is sewn at its top and bottom to of the funnel is sewn at its top and bottom to the top and bottom of the small-mesh sec- the top and bottom of the small-mesh sec- tion, extending at an angle toward the top tion, extending at an angle toward the top and bottom centers of the small-mesh sec- and bottom centers of the small-mesh sec- tion. tion.
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(d) Semi-Rigid Hoop. A 24-inch (61.0-cm) di- Subpart B—Management Measures ameter hoop constructed of plastic-coated trawl cable, swaged together with a 3⁄8-inch 630.20 Fishing year. (9.53-mm) micropress sleeve, is installed five 630.21 Restrictions on transfer, off-loading, meshes behind the trailing edge of the large and sale. mesh section. The extension webbing must 630.22 Gear restrictions. be laced to the ring around the entire cir- 630.23 Harvest limitations. cumference and must be equally distributed 630.24 Quotas. on the hoop, that is, 30 meshes must be even- 630.25 Closures and bycatch limits. ly attached to each quadrant. 630.26 Specifically authorized activities. (e) Installation. The extended funnel BRD is attached 8 inches (20.3 cm) behind the pos- Subpart C—Restrictions on Swordfish terior edge of the TED. If it is attached be- Imports hind a soft TED, a second semi-rigid hoop, as prescribed in paragraph A.3.(d), must be in- 630.40 Applicability. stalled in the front section of the BRD exten- sion webbing at the leading edge of the fun- Subpart D—Donation Program nel. The codend of the trawl net is attached to the trailing edge of the BRD. 630.50 Purpose. B. Expanded Mesh. The expanded mesh 630.51 Participation. BRD is constructed and installed exactly the 630.52 Termination. same as the standard size extended funnel FIGURES—PART 630 BRD, except that one side of the funnel is not extended to form a lead panel. FIGURE 1—CLEITHRUM TO KEEL (CK) MEASURE- C. Fisheye. MENT OF SWORDFISH. 1. Description. The fisheye BRD is a cone- AUTHORITY: 16 U.S.C. 1801 et seq. and 16 shaped rigid frame constructed from alu- U.S.C. 971 et seq. minum or steel rod of at least 1⁄4 inch diame- ter, which is inserted into the codend to SOURCE: 50 FR 33956, Aug. 22, 1985, unless form an escape opening. Fisheyes of several otherwise noted. different shapes and sizes have been tested in different positions in the codend. Subpart A—General Provisions 2. Minimum Construction and Installation Re- quirements. The fisheye has a minimum open- § 630.1 Purpose and scope. ing dimension of 5 inches (12.7 cm) and a minimum total opening area of 36 square (a) The purpose of this part is to im- inches (91.4 square cm). The fisheye must be plement— installed at the top center of the codend of (1) The Fishery Management Plan for the trawl to create an opening in the trawl the Atlantic Swordfish Fishery under facing in the direction of the mouth of the the Magnuson Act; and trawl no further forward than 11 ft (3.4 m) from the codend drawstring (tie-off rings) or (2) The recommendations of the 70 percent of the distance between the International Commission for the Con- codend drawstring and the forward edge of servation of Atlantic Tunas, as they re- the codend, excluding any extension, which- late to conservation and management ever is the shorter distance. of swordfish, under the Atlantic Tunas [62 FR 18539, Apr. 16, 1997] Convention Act. (b) This part governs the conserva- PART 630—ATLANTIC SWORDFISH tion and management of the North At- lantic swordfish stock. FISHERY (c) Regulations governing fishing by vessels other than vessels of the United Subpart A—General Provisions States shoreward of the outer bound- Sec. ary of the EEZ are published at 50 CFR 630.1 Purpose and scope. part 611 subpart A, and §§ 611.60 and 630.2 Definitions. 611.61. 630.3 Relation to other laws. [56 FR 65016, Dec. 13, 1991] 630.4 Permits and fees. 630.5 Recordkeeping and reporting. § 630.2 Definitions. 630.6 Vessel identification. 630.7 Prohibitions. In addition to the definitions in the 630.8 Facilitation of enforcement. Magnuson Act and in § 620.2 of this 630.9 Penalties. chapter, the terms used in this part 630.10 At-sea observer coverage. have the following meanings:
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Carcass or dressed means a fish that Swordfish means a fish of the species has been gutted and the head and fins Xiphias gladius. have been removed, but is otherwise in Trip means a fishing trip, regardless whole condition. of number of days duration, that begins Dealer means the person in the Unit- with departure from a port, dock, ed States who first receives, by way of berth, beach, seawall, or ramp and that purchase, barter, or trade, swordfish terminates with return to a port, dock, harvested from the Atlantic Ocean. berth, beach, seawall, or ramp. Drift gillnet, sometimes called a drift Trip limit means the total allowable entanglement net or drift net, means a take from a single trip as defined in flat net, unattached to the ocean bot- this section. tom, whether or not it is attached to a Whole, when referring to swordfish, vessel, designed to be suspended verti- means a fish that is not gutted and the cally in the water to entangle the head head and fins are intact. or other body parts of fish that at- tempt to pass through the meshes. [50 FR 33956, Aug. 22, 1985; 50 FR 35563, Sept. 3, 1985, as amended at 53 FR 24655, June 29, Gangion means one of the lines that 1988; 53 FR 27694, July 22, 1988; 55 FR 35645, bear hooks and which is attached at in- Aug. 31, 1990; 56 FR 65016, Dec. 13, 1991; 60 FR tervals along the main line of a 46778, Sept. 8, 1995] longline. (Synonymous with leader.) Handline gear means a fishing line set § 630.3 Relation to other laws. and pulled by hand that remains at- (a) The relation of this part to other tached to a fishing vessel during fish- laws is set forth in § 620.3 of this chap- ing. ter and paragraph (b) of this section. Land or landed means to arrive in (b) In accordance with regulations is- port or at a dock, berth, beach, sea- sued under the Marine Mammal Pro- wall, or ramp. tection Act of 1972, as amended, it is North Atlantic swordfish stock means unlawful for a commercial fishing ves- those swordfish in the North Atlantic sel, a vessel owner, or a master or oper- Ocean, including the Gulf of Mexico ator of a vessel to engage in a longline and Caribbean Sea, north of 5° N. lati- or gillnet swordfish fishery in the At- tude. The North Atlantic swordfish lantic Ocean (including the Gulf of stock is the management unit for these Mexico and Caribbean Sea) unless the regulations. vessel owner or authorized representa- Pelagic longline means a type of fish- tive has complied with specified re- ing gear consisting of a length of line quirements including, but not limited suspended horizontally in the water to, registration, exemption certifi- above the bottom from lines attached cates, decals, and reports, as contained to surface floats and to which gangions in 50 CFR part 229. and hooks are attached. [56 FR 59222, Nov. 25, 1991] Recreational fishery means the har- vest of swordfish from a vessel with § 630.4 Permits and fees. only rod and reel fishing gear aboard. Regional Director means the Director, (a) Applicability—(1) Annual vessel per- Southeast Region, NMFS, 9721 Execu- mits. (i) Except as provided by para- tive Center Drive North, St. Peters- graph (a)(1)(ii) of this section, the burg, FL 33702–2432; telephone 813–570– owner of a vessel of the United States— 5301, or a designee. (A) That fishes for or possesses Rod and reel means a hand-held (in- swordfish in or from the North Atlan- cluding rod-holder) fishing rod with a tic Ocean, including the Gulf of Mexico ° manually or electrically operated reel and Caribbean Sea, north of 5 N. lati- attached. tude, or Science and Research Director means (B) That takes such swordfish as the Science and Research Director, bycatch, whether or not retained— Southeast Fisheries Science Center, must have an annual vessel permit. NMFS, 75 Virginia Beach Drive, Miami, (ii) The owner of a vessel that fishes FL 33149, telephone 305–361–5761, or a for or possesses swordfish in or from designee. the North Atlantic Ocean, including
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the Gulf of Mexico and Caribbean Sea, (ii) Business name, mailing address north of 5°N. latitude— including zip code of the principal of- (A) In the recreational fishery, or fice of the business, and employer iden- (B) Shoreward of the outer boundary tification number, if one has been as- of the EEZ around Puerto Rico and the signed by the Internal Revenue Serv- Virgin Islands with only handline gear ice; aboard—is exempt from the require- (iii) The address of each physical fa- ment to have a permit. cility at a fixed location where the (2) Annual dealer permits. A dealer business receives fish; who receives swordfish harvested or (iv) Name, official capacity in the possessed by a vessel of the United business, mailing address including zip States must have an annual dealer per- code, telephone number, social security mit. number, and date of birth of the appli- (b) Application for an annual vessel cant; and permit. (1) An application for an annual (v) If the applicant is a corporation vessel permit under this section must or partnership, the names, addresses, be signed by the owner and submitted and dates of birth of the two principal to the Regional Director. The applica- shareholders or partners. tion must be submitted at least 30 days (d) Fees. A fee is charged for each an- prior to the date on which the appli- nual vessel permit issued under para- cant desires to have the permit made graph (b) of this section and for each effective. An application form is avail- annual dealer permit issued under able from the Regional Director and paragraph (c) of this section. The must contain the following informa- amount of the fees is calculated, at tion: least annually, in accordance with the (i) Vessel owner’s name, mailing ad- procedures of the NOAA Finance Hand- dress, and telephone number; book for determining the administra- (ii) If the vessel owner is a corpora- tive costs of each special product or tion or a partnership, the names, ad- service, and may not exceed such costs. dresses, and dates of birth of the two Applicable fees are specified with the principal shareholders or partners; application form and must be remitted (iii) Vessel’s name, official number, with each application. home port, net tonnage, length, and (e) Issuance. (1) The Regional Direc- type and amount of gear used; tor will issue a permit at any time to (iv) Any other information concern- an applicant if the application is com- ing vessel and gear characteristics re- plete. An application is complete when quested by the Regional Director; and all requested forms, information, and (v) Any other information requested documentation have been received and by the Regional Director that may be the applicant has submitted all appli- necessary for the issuance or adminis- cable reports specified at § 630.5. tration of the permit. (2) Upon receipt of an incomplete ap- (2) The application must be accom- plication, the Regional Director will panied by a copy of the vessel’s U.S. notify the applicant of the deficiency. Coast Guard certificate of documenta- If the applicant fails to correct the de- tion or, if not documented, a copy of ficiency within 90 days of the date of its state registration certificate. the Regional Director’s letter of notifi- (c) Application for an annual dealer cation, the application will be consid- permit. (1) An application for a dealer ered abandoned. permit must be submitted and signed (f) Duration. A permit remains valid by the dealer or an officer of a corpora- for the remainder of the period for tion acting as a dealer. The application which it is issued unless revoked, sus- must be submitted to the Regional Di- pended, or modified pursuant to sub- rector at least 30 days prior to the date part D of 15 CFR part 904. on which the applicant desires to have (g) Transfer. (1) A vessel permit is- the permit made effective. sued under paragraph (b) of this section (2) A permit applicant must provide is not transferable or assignable. A per- the following information: son purchasing a permitted vessel who (i) A copy of each state wholesaler’s desires to conduct activities for which license held by the dealer; a permit is required must apply for a
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permit in accordance with the provi- which a vessel permit has been issued sions of paragraph (b) of this section. under § 630.4 must ensure that a daily The application must be accompanied logbook form is maintained of the ves- by a copy of a signed bill of sale. sel’s swordfishing effort, catch, and dis- (2) A dealer permit issued under para- position on logbook forms available graph (c) of this section may be trans- from the Science and Research Direc- ferred upon sale of the dealer’s busi- tor. Such forms must be submitted to ness. However, such transferred permit the Science and Research Director remains valid for a period not exceed- postmarked not later than the 7th day ing 30 days after sale of the dealer’s after sale of the swordfish off-loaded business. A person purchasing a per- from a trip. If no fishing occurred dur- mitted dealership who desires to con- ing a month, a report so stating must duct activities for which a permit is re- be submitted in accordance with in- quired after that 30 day period must structions provided with the logbook apply promptly for a permit in accord- forms. Logbooks must be kept on board ance with the provisions of paragraph the vessel at all times. (c) of this section. (2) The owner or operator of a vessel (h) Display. A vessel permit issued for which a vessel permit has been is- under paragraph (b) of this section sued under § 630.4 must insure that cop- must be carried on board the fishing ies of tally sheets are submitted for all vessel and such vessel must be identi- fied as provided for in § 630.6. A dealer swordfish off-loaded and for other spe- permit issued under paragraph (c) of cies off-loaded with the swordfish, in- this section must be available on the cluding, but not limited to, shark, yel- dealer’s premises. The operator of a lowfin tuna, bigeye tuna, and albacore. fishing vessel or a dealer must present Each tally sheet must show the dealer the permit for inspection upon request to whom swordfish and other species of an authorized officer. were transferred, the date transferred, (i) Sanctions and denials. A permit is- and the carcass weight of each sword- sued pursuant to this section may be fish transferred and of each of the revoked, suspended, or modified, and a other species for which individual car- permit application may be denied, in cass weights are normally recorded, in- accordance with the procedures govern- cluding, but not limited to, shark, yel- ing enforcement-related permit sanc- lowfin tuna, bigeye tuna, and albacore. tions and denials found at subpart D of For species not individually weighed, 15 CFR part 904. tally sheets must record total weights (j) Alteration. A permit that is al- by market category. Copies of tally tered, erased, or mutilated is invalid. sheets must be submitted with the log- (k) Replacement. A replacement per- book forms required under paragraph mit may be issued. An application for a (a)(1) of this section. replacement permit will not be consid- (b) Dealer reports. (1) A dealer who has ered a new application. A fee, the been issued a dealer permit under amount of which is stated with the ap- § 630.4 must submit a report to the plication form, must accompany each Science and Research Director twice request for a replacement permit. each month. A report form is available (l) Change in application information. from the Science and Research Direc- The owner of a vessel with a permit or tor. The following information must be a dealer with a permit must notify the included in each report: Regional Director within 30 days after (i) Name, address, and permit number any change in the application informa- of the dealer; tion required by paragraph (b) or (c) of (ii) Names and official numbers of this section. The permit is void if any fishing vessels from which swordfish change in the information is not re- were received; ported within 30 days. (iii) Dates of receipt of swordfish; and [56 FR 65016, Dec. 13, 1991] (iv) Listed by each port and county where swordfish were off-loaded from § 630.5 Recordkeeping and reporting. fishing vessels: (a) Fishing vessel reports. (1) The (A) Total weight (pounds) by market owner and operator of a vessel for category for swordfish, and for other
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species received with the swordfish, in- § 630.6 Vessel identification. cluding, but not limited to, shark, yel- (a) Official number. A vessel for which lowfin tuna, bigeye tuna, and albacore; a permit is required by § 630.4 must dis- and play its official number— (B) Price per pound or total value (1) On the port and starboard sides of paid by market category for swordfish the deckhouse or hull and on an appro- and other species, to the extent that such price information is known at the priate weather deck so as to be clearly time of reporting. visible from an enforcement vessel or (2) A report of swordfish and other aircraft; applicable species received by a dealer (2) In block arabic numerals in con- on the 1st through the 15th days of trasting color to the background; each month must be submitted to the (3) At least 18 inches in height for Science and Research Director post- vessels over 65 feet in length and at marked not later than the 20th day of least 10 inches in height for all other that month. A report of swordfish re- vessels; and ceived by a dealer on the 16th through (4) Permanently affixed to or painted the last day of each month must be on the vessel. submitted to the Science and Research (b) Duties of operator. The operator of Director postmarked not later than the each fishing vessel must— 5th day of the following month. If no (1) Keep the official number clearly swordfish were received during a re- legible and in good repair, and porting period, a report so stating (2) Ensure that no part of the fishing must be submitted postmarked as spec- vessel, its rigging, its fishing gear, or ified for that respective reporting pe- anything carried aboard obstructs the riod. view of the official number from any (3) The reporting requirement of enforcement vessel or aircraft. paragraph (b)(1) of this section may be [50 FR 33956, Aug. 22, 1985, as amended at 53 satisfied by providing a copy of each FR 27694, July 22, 1988] appropriate weigh-out sheet and/or sales record, provided such weigh-out § 630.7 Prohibitions. sheet and/or sales record, by itself or In addition to the general prohibi- combined with the form available from tions specified in § 620.7 of this chapter, the Science and Research Director, in- it is unlawful for any person to do any cludes all of the required information. of the following: (4) For the purposes of paragraph (b) (a) Fish for, possess, retain, or land of this section, for a swordfish off-load- swordfish without a valid permit ed from a fishing vessel in an Atlantic aboard a vessel when such permit is re- coastal state from Maine through Vir- quired under § 630.4(a)(1). ginia, Science and Research Director (b) Purchase, sell, barter, or trade or means the Science and Research Direc- attempt to purchase, sell, barter, or tor, Northeast Fisheries Science Cen- trade a swordfish taken by a vessel ter, NMFS, Woods Hole, MA 02543, tele- that does not have a valid permit when phone 617–548–5123, or a designee. For a such permit is required under swordfish off-loaded from a fishing ves- § 630.4(a)(1) and as specified in sel in an Atlantic coastal state from § 630.21(b). Maine through Virginia, in lieu of pro- (c) Sell, barter, or trade or attempt viding a required report to the Science to sell, barter, or trade a swordfish to and Director by mail, as specified in a dealer who does not have an annual paragraph (b)(2) of this section, a deal- dealer permit required under er may provide a report to a state or § 630.4(a)(2). Federal fishery port agent designated (d) As a dealer, purchase, barter, or by the Science and Research Director. trade or attempt to purchase, barter, Reports so provided must be delivered or trade a swordfish without an annual to such port agent not later than the dealer permit, as specified in prescribed post mark date for submit- § § 630.4(a)(2) and 630.21(c). ting each such report. (e) Falsify information required on [56 FR 65017, Dec. 13, 1991, as amended at 61 an application for a permit submitted FR 27307, May 31, 1996] under § 630.4 (b) or (c).
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(f) Fail to display a permit, as re- of the bycatch limit, as specified in quired by § 630.4(h). § 630.25(d). (g) Falsify or fail to maintain or sub- (u) During a closure of the bycatch mit information required to be main- fishery under § 630.25(a)(2), fish for, pos- tained or submitted, as specified in sess, or land swordfish, as specified in § 630.5 (a) or (b). § 630.25(e). (h) Falsify or fail to affix and main- (v) Interfere with, obstruct, delay, or tain vessel markings, as specified in prevent by any means, a lawful inves- § 630.6. tigation or search in the process of en- (i) Fail to embark an observer on a forcing this part. trip when selected, as specified in (w) Make any false statement, oral or § 630.10(a). written, to an authorized officer con- (j) Falsify or fail to provide requested cerning the taking, catching, harvest- information regarding a vessel’s trip, ing, landing, purchase, sale, possession, as specified in § 630.10(b). or transfer of a swordfish. (k) Assault, resist, oppose, impede, (x) Violate any provision of this part, harass, intimidate, or interfere with an the Magnuson Act, the Atlantic Tunas NMFS-approved observer aboard a ves- Convention Act, or any regulations or sel. permits issued under the Magnuson Act (l) Prohibit or bar by command, im- or the Atlantic Tunas Convention Act. pediment, threat, coercion, or refusal (y) Purchase, sell, trade, or barter, or of reasonable assistance, an observer attempt to purchase, sell, trade, or bar- conducting his or her duties aboard a ter, any swordfish or part thereof that vessel. is subject to the donation program in (m) Fail to provide an observer with subpart D of this part, as specified at the required food, accommodations, ac- § 630.51(b)(9), § 630.51(c)(4), or cess, and assistance, as specified in § 630.51(d)(5). § 630.10(c). (z) Exceed the vessel trip limits spec- ified in § 630.23. (n) Transfer a swordfish at sea from or to a fishing vessel, as specified in (aa) Notwithstanding any other pro- § 630.21(a). vision of part 630: (1) No one aboard a vessel using or (o) Sell, purchase, trade, or barter or having on board a drift gillnet may fish attempt to sell, purchase, trade, or bar- for swordfish from the North Atlantic ter a swordfish harvested in the rec- swordfish stock. reational fishery, as specified in (2) No more than two swordfish per § 630.21(d). trip may be possessed on board a vessel (p) Fish for swordfish with a drift using or having on board a drift gillnet gillnet that is 2.5 kilometers or more in in the North Atlantic Ocean, including length or possess a swordfish aboard a the Gulf of Mexico and Caribbean Sea, vessel possessing such drift gillnet, as north of 5° N. lat. specified in § 630.22. (3) No more than two swordfish per (q) Possess on board a vessel a sword- trip may be landed from a vessel using fish that is smaller than the minimum or having on board a drift gillnet in an size specified in § 630.23(a). Atlantic, Gulf of Mexico, or Caribbean (r) Possess or land a swordfish in coastal state. other than whole or dressed form, as specified in § 630.23(c). [56 FR 65018, Dec. 13, 1991, as amended at 57 (s) During a closure of the drift FR 34265, Aug. 4, 1992; 59 FR 55064, Nov. 3, gillnet, longline, or harpoon fisheries 1994; 60 FR 46778, Sept. 8, 1995; 61 FR 27307, May 31, 1996; 62 FR 30776, June 5, 1997] under § 630.25(a)(1) or (b), aboard a ves- sel using or having aboard the specified EFFECTIVE DATE NOTE: At 62 FR 30776, June gear, fish for swordfish, or possess or 5, 1997, § 630.7 was amended by adding para- land swordfish in excess of the bycatch graph (aa), effective May 30, 1997 through Nov. 26, 1997. limits, as specified in § 630.25(c). (t) Aboard a vessel using or having § 630.8 Facilitation of enforcement. aboard gear other than drift gillnet, See § 620.8 of this chapter. longline, or harpoon, fish for swordfish, or possess or land swordfish in excess [53 FR 24656, June 29, 1988]
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§ 630.9 Penalties. Subpart B—Management See § 620.9 of this chapter. Measures [53 FR 24656, June 29, 1988] SOURCE: 56 FR 65019, Dec. 13, 1991, unless § 630.10 At-sea observer coverage. otherwise noted. (a) If a vessel’s trip is selected by the § 630.20 Fishing Year. Science and Research Director for ob- The fishing year is June 1 through server coverage, the owner or operator July 31. of such vessel must accommodate an NMFS-approved observer. [61 FR 27307, May 31, 1996] (b) When notified in writing by the Science and Research Director that his § 630.21 Restrictions on transfer, off- loading, and sale. vessel has been selected to carry an NMFS-approved observer, an owner or (a) A swordfish harvested from the operator of a vessel for which a vessel North Atlantic Ocean, including the permit has been issued under § 630.4 Gulf of Mexico and Caribbean Sea, must advise the Science and Research north of 5°N. latitude may not be Director in writing not less than 5 days transferred at sea, regardless of where in advance of each trip of the follow- the transfer takes place; and in the ing: North Atlantic Ocean, including the (1) Departure information (port, Gulf of Mexico and Caribbean Sea, north of 5°N. latitude a swordfish may dock, date, and time); and not be transferred at sea regardless of (2) Expected landing information where the swordfish was harvested. (port, dock, and date). (b) A swordfish harvested from or (c) An owner or operator of a vessel possessed in the North Atlantic Ocean, on which an NMFS-approved observer including the Gulf of Mexico and Carib- is embarked must— bean Sea, north of 5°N. latitude may be (1) Provide accommodations and food initially sold, traded, or bartered or at- that are equivalent to those provided tempted to be sold, traded, or bartered to the crew; only by an owner or operator of a ves- (2) Allow the observer access to and sel that has been issued a vessel permit use of the vessel’s communications under § 630.4, except that a swordfish equipment and personnel upon request that is off-loaded in Puerto Rico or the for the transmission and receipt of U.S. Virgin Islands from a non-per- messages related to the observer’s du- mitted vessel that fished exclusively ties; shoreward of the outer boundary of the (3) Allow the observer access to and EEZ around Puerto Rico and the U.S. use of the vessel’s navigation equip- Virgin Islands with only handline gear ment and personnel upon request to de- aboard may be sold, traded, or termine the vessel’s position; bartered. (4) Allow the observer free and unob- (c) A swordfish harvested from or structed access to the vessel’s bridge, possessed in the North Atlantic Ocean, working decks, holding bins, weight including the Gulf of Mexico and Carib- scales, holds, and any other space used bean Sea, north of 5°N. latitude may be to hold, process, weigh, or store fish; initially purchased, traded, or bartered and or attempted to be purchased, traded, (5) Allow the observer to inspect and or bartered only by a dealer having a dealer permit issued under § 630.4. copy the vessel’s log, communications logs, and any records associated with (d) A swordfish harvested from or possessed in the North Atlantic Ocean, the catch and distribution of fish for including the Gulf of Mexico and Carib- that trip. bean Sea, north of 5°N. latitude in the [56 FR 65018, Dec. 13, 1991] recreational fishery may not be sold,
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purchased, traded, or bartered or at- fish stock by a vessel of the United tempted to be sold, purchased, traded, States in other than the recreational or bartered. fishery is counted against the directed- fishery gear quota or the by catch § 630.22 Gear restrictions. quota. A swordfish harvested by drift A drift gillnet with a total length of gillnet, longline, or harpoon and landed 2.5 kilometers or more may not be used before the effective date of a closure to fish for swordfish. A vessel using or for that gear, done pursuant to having aboard a drift gillnet with a § 630.25(a)(1), is counted against the ap- total length of 2.5 kilometers or more plicable directed-fishery gear quota. may not possess a swordfish. After a gear closure, a swordfish landed by a vessel using or possessing gear for § 630.23 Harvest limitations. which a bycatch is allowed under (a) Minimum size. The minimum al- § 630.25(c) is counted against the lowable size for possession on board a bycatch allocation specified in para- fishing vessel for a swordfish taken graph (c) of this section. Notwithstand- from the management unit is 29 inches ing the above, a swordfish harvested by (73 cm) carcass length, measured along a vessel using or possessing gear other the body contour (i.e., a curved meas- than drift gillnet, longline, harpoon, or urement) from the cleithrum to the an- rod and reel is counted against the terior portion of the caudal keel (CK bycatch quota specified in paragraph measurement) or, if swordfish are (c) of this section at all times. weighed, 33 lb (15 kg) dressed weight. (b) Directed-fishery quota. The cleithrum is the semicircular bony (1) The directed fishery quota for the structure that forms the posterior edge period January 1, 1996, through May 31, of the gill opening. Measurement must 1996, is 1,021 mt dressed weight for the be made at the point on the cleithrum longline fishery, 22.5 mt dressed weight that provides the shortest possible CK for the drift gillnet fishery, and 106 mt measurement (Figure 1 to part 630). dressed weight for the bycatch fishery. (b) Carcass condition. A swordfish pos- (2) The annual quota for the directed sessed in the North Atlantic Ocean, in- fishery for swordfish is 2,371 mt dressed cluding the Gulf of Mexico and the Car- weight, divided into two semiannual ibbean Sea, north of 5°N. latitude must be in whole or dressed form, and a quotas as follows: swordfish landed from a fishing vessel (i) For the semiannual period June 1 in an Atlantic, Gulf of Mexico, or Car- through November 30: ibbean coastal state must be main- (A) 23.45 mt dressed weight, that may tained in whole or dressed form be harvested by drift gillnet. through off-loading, except such sword- (B) 1,162.05 mt dressed weight that fish as are damaged by shark bites. A may be harvested by longline and har- shark-bit swordfish for which the re- poon. To account for harvested fish mainder of the carcass is less than the that are discarded dead, only 1064.44 mt minimum size limit specified in para- dressed weight, may be landed in this graph (a) of this section may not be category. landed. (ii) For the semiannual period De- (c) Vessel trip limits. In 1996, vessels is- cember 1 through May 31: sued a swordfish permit under § 630.4 (A) 23.45 mt dressed weight that may may not land from, or possess during, a be harvested by drift gillnet. single trip more than 31,600 lb (14,334 (B) 1,162.05 mt dressed weight that kg) dressed weight of swordfish, unless may be harvested by longline and har- a closure has been effected under poon. To account for harvested fish § 630.25. that are discarded dead, only 1064.44 mt [57 FR 57369, Dec. 4, 1992, as amended at 60 dressed weight may be landed in this FR 46778, Sept. 8, 1995; 61 FR 27307, May 31, category. 1996] (3) Notwithstanding any other provi- sion of this part, the sub-quotas for the § 630.24 Quotas. drift gillnet fishery for January 1 - No- (a) Applicability. A swordfish har- vember 30, 1996, are available as fol- vested from the North Atlantic sword- lows:
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(i) For the period January 1 through into consideration all information re- June 30, 22.5 mt dressed weight; and ceived during this comment period and (ii) For the period July 1 through No- will publish a final rule in the FEDERAL vember 30, 23.45 mt dressed weight. REGISTER. (4) A swordfish will be deemed to (e) NMFS may adjust the December 1 have been harvested by a drift gillnet through May 31 semiannual directed- when it is aboard, or off-loaded in an fishery quota and gear quotas to reflect Atlantic, Gulf of Mexico, or Caribbean actual catches during the June 1 coastal state from, a vessel using or through November 30 semiannual pe- having aboard a drift gillnet or when it riod, provided that the 12-month di- is aboard, or off-loaded in an Atlantic, rected-fishery and gear quotas are not Gulf of Mexico, or Caribbean coastal exceeded. state from, a vessel which used or had (f) Inseason adjustments to the bycatch aboard a drift gillnet during its current and directed fishery quotas. (1) If NMFS or most recent fishing trip. determines that the annual bycatch (c) Bycatch quota. The annual quota will not be taken before the end bycatch quota for swordfish is 560,000 of the fishing year, the excess quota pounds (254,014 kg), dressed weight. may be allocated to the directed-fish- (d) Adjustments to annual quotas. ery quotas pursuant to the require- (1) NMFS will reevaluate the annual ments and procedures in paragraphs (g) total allowable catch, the annual di- and (h) of this section. rected-fishery quota, the annual (2) If NMFS determines that it is nec- bycatch quota, bycatch limits in the essary to close the directed fishery, non-directed fishery, and the harpoon any estimated overharvest or under- gear set-aside each year. For the pur- harvest directed-fishery quota avail- pose of this evaluation, NMFS will con- able immediately prior to that closure sider the best available scientific infor- will be applied to the annual bycatch mation regarding the following factors: quota and will be used to adjust the an- (i) Swordfish stock abundance assess- nual bycatch quota accordingly. ments; (g) Adjustments to gear quotas. If (ii) Swordfish stock age and size com- NMFS determines that the annual di- position; rected-fishery or bycatch quotas must (iii) Catch and effort in the swordfish be adjusted pursuant to paragraphs (d) fishery; and and (f) of this section, the annual or (iv) Consistency with ICCAT rec- semi-annual gear quotas will be ad- ommendations. justed so that the new gear quotas rep- (2) NMFS may, at its discretion, con- resent the same proportion (percent- vene a panel of scientists with exper- age) of the adjusted quota as they did tise in swordfish stock assessment for of the quota before adjustment. the purpose of providing recommenda- (h) Notice of adjustments. (1) NMFS tions for adjustments to annual quotas. will announce a proposed adjustment (3) NMFS will prepare a report of its in management measures pursuant to evaluations, a regulatory impact re- paragraph (e), (f), or (g) of this section view, and an environmental assess- by publication of a proposed rule in the ment. FEDERAL REGISTER. The proposed rule (4) Any adjustments to the 12-month will provide for public comment unless directed-fishery quota will be appor- NMFS finds for good cause that such tioned equally between the June 1 public comment is impracticable, un- through November 30 and December 1 necessary, or contrary to the public in- through May 31 semiannual periods. terest. NMFS will take into consider- (5) NMFS will announce any adjust- ation all information received during ments to the annual quotas by publica- the comment period and will publish tion of a proposed rule in the FEDERAL the approved adjustment in manage- REGISTER, providing for a minimum of ment measures as a final rule in the a 30-day comment period. The report of FEDERAL REGISTER. evaluations and any regulatory impact (2) If NMFS finds for good cause that review and environmental assessment public comment on an adjustment in will be made available to the public. management measures pursuant to The Assistant Administrator will take paragraph (e), (f), or (g) of this section
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is impracticable, unnecessary, or con- NMFS will be published in the FED- trary to the public interest, such ad- ERAL REGISTER in the closure notice. justment will be published as an in- (c) Bycatch limits during a directed- terim final rule with a 15-day public fishery closure. (1) During a closure of comment period commencing on the the drift gillnet fishery, aboard a vessel date of publication. using or having aboard a drift gillnet— (i) A person may not fish for sword- [56 FR 65019, Dec. 13, 1991, as amended at 57 fish from the North Atlantic swordfish FR 34266, Aug. 4, 1992; 58 FR 33569, June 18, 1993; 60 FR 46778, Sept. 8, 1995; 60 FR 51934, stock; and Oct. 4, 1995; 61 FR 27307, May 31, 1996] (ii) No more than two swordfish per trip may be possessed in the North At- § 630.25 Closures and bycatch limits. lantic Ocean, including the Gulf of Mexico and Caribbean Sea, north of (a) Notice of closure. (1) When a di- 5°N. latitude, or landed in an Atlantic, rected-fishery annual, semi-annual, or Gulf of Mexico, or Caribbean coastal gear quota specified in § 630.24 is state. reached, or is projected to be reached, (2) During a closure of the longline NMFS will publish a notice in the FED- fishery, aboard a vessel using or having ERAL REGISTER to close the entire di- aboard a longline and not having rected fishery for fish from the North aboard harpoon gear— Atlantic swordfish stock, the drift (i) A person may not fish for sword- gillnet fishery, or the harpoon and fish from the North Atlantic swordfish longline fisheries, as appropriate. The stock; and effective date of such notice will be at (ii) No more than 15 swordfish per least 14 days after the date such notice trip may be possessed in the North At- is filed at the Office of the Federal lantic Ocean, including the Gulf of Register. The closure will remain in ef- Mexico and Caribbean Sea, north of 5O fect until an additional directed-fish- N. lat., or landed in an Atlantic, Gulf ery or gear quota becomes available. of Mexico, or Caribbean coastal state. (2) When the bycatch quota specified The Assistant Administrator may mod- in § 630.24(c) is reached, or is projected ify or change the bycatch limits upon to be reached, NMFS will publish a no- publication of notice in the FEDERAL tice in the FEDERAL REGISTER to pro- REGISTER pursuant to the requirements hibit further possession or retention of and procedures in paragraphs (a)(1) and Atlantic swordfish by vessels of the (a)(2) of this section. Changes in the United States. The effective date of bycatch limits will be based upon the such notice will be at least 14 days length of the directed fishery closure after the date such notice is filed at as well as the estimated catch per ves- the Office of the Federal Register. The sel in the non-directed fishery. closure will remain in effect until a (3) During a closure of the harpoon new annual bycatch quota becomes fishery, aboard a vessel using or having available. aboard harpoon gear— (b) Special set-aside for harpoon gear. (i) A person may not fish for sword- The procedures of paragraph (a)(1) of fish from the North Atlantic swordfish this section notwithstanding, during stock; and the June 1 through November 30 semi- (ii) No swordfish may be possessed in annual period, swordfish not exceeding the North Atlantic Ocean, including 21,500 lb (9,752 kg), dressed weight, may the Gulf of Mexico and Caribbean Sea, be set aside for the harpoon segment of north of 5°N. latitude, or landed in an the fishery. If NMFS determines that Atlantic, Gulf of Mexico, or Caribbean the harpoon and longline quota in this coastal state. semi–annual period will be harvested (d) Bycatch limits in the non-directed before the harpoon segment of the fish- fishery. Aboard a vessel using or having ery has had an opportunity to harvest aboard gear other than drift gillnet, the set–aside amount, the longline seg- harpoon, or longline, other than a ves- ment of the fishery will be closed and sel in the recreational fishery— the harpoon segment will remain open (1) A person may not fish for sword- until the set–aside amount is reached. fish from the North Atlantic swordfish The basis for such determination by stock;
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(2) Except as specified in paragraph tion Act, 16 U.S.C. 971 et seq., with re- (d)(3) of this section, no more than two spect to import controls and which swordfish per trip may be possessed in specify procedures for the establish- the North Atlantic Ocean, including ment of restrictions on imports of the Gulf of Mexico and Caribbean Sea, tuna, apply to swordfish from the north of 5 °N. latitude, or landed in an North Atlantic swordfish stock. Atlantic, Gulf of Mexico, or Caribbean coastal state; and Subpart D—Donation Program (3) Aboard a vessel in the squid trawl fishery, no more than five swordfish SOURCE: 59 FR 55064, Nov. 3, 1994, unless per trip may be possessed in the North otherwise noted. Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north of § 630.50 Purpose. ° 5 N. latitude, or landed in an Atlantic, This subpart implements a program Gulf of Mexico, or Caribbean coastal under which swordfish from the North state. For the purposes of this para- Atlantic swordfish stock that are re- graph (d)(3), a vessel is considered to be tained in excess of the trip allowance in the squid trawl fishery when it has for undersized swordfish specified in no commercial fishing gear other than § 630.23(b) must be retained for donation trawl gear aboard and squid constitute through the Second Harvest National not less than 75 percent by weight of Foodbank Network to the needy. This the total fish aboard or off-loaded from program is intended to obtain addi- the vessel. tional information regarding the har- (e) Limits during a bycatch closure. vest, mortality, and biological charac- During a closure of the bycatch fishery teristics of swordfish less than the under paragraph (a)(2) of this section, minimum size limit and to avoid waste the provisions of paragraphs (c) and (d) of swordfish that would otherwise be of this section notwithstanding, aboard discarded dead. a fishing vessel, other than a vessel in the recreational fishery— § 630.51 Participation. (1) A person may not fish for sword- fish from the North Atlantic swordfish (a) General. Owners of vessels and stock; and dealers permitted under § 630.4 may vol- (2) No swordfish may be possessed in unteer to participate in the swordfish the North Atlantic Ocean, including donation program by contacting the the Gulf of Mexico and Caribbean Sea, Chief, Highly Migratory Species Divi- north of 5°N. latitude, or landed in an sion, Office of Fisheries Conservation and Management, NMFS, 1335 East- Atlantic, Gulf of Mexico, or Caribbean West Highway, Silver Spring, MD 20910; coastal state. telephone: (301) 713–2347, facsimile (301) [56 FR 65019, Dec. 13, 1991, as amended at 57 588–4967. The Chief, Highly Migratory FR 34266, Aug. 4, 1992; 60 FR 46778, Sept. 8, Species Division, will select owners of 1995; 61 FR 27308, May 31, 1996; 61 FR 34746, vessels and dealers who may partici- July 3, 1996] pate in the donation program and will § 630.26 Specifically authorized activi- keep selected vessel owners advised of ties. the selected dealers. (1) Factors that will be considered in NMFS may authorize for the acquisi- the selection process include: tion of information and data, activities (i) History of voluntary participation that are otherwise prohibited by these in NMFS cooperative scientific pro- regulations. grams; (ii) Whether both vessel and dealer Subpart C—Restrictions on volunteers can be matched in an area Swordfish Imports throughout the year (including truck routes) to ensure distribution of do- § 630.40 Applicability. nated fish; The policies and procedures con- (iii) Representative coverage of the tained in 50 CFR 285.80 through 285.86, fishery, to the extent possible; and which implement the provisions of sec- (iv) Compliance record of volunteers. tion 6(c) of the Atlantic Tunas Conven- Specifically, any person who has been
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issued a Notice of Violation and As- line near the hook without removing sessment (NOVA) for violating any pro- the swordfish from the water. The vision of the Magnuson Act (16 U.S.C. owner or operator must make a reason- 1802 et seq.), the Lacey Act (16 U.S.C. able effort to tag each swordfish re- 3371 et seq.), or the ATCA (16 U.S.C. 971 leased under this paragraph (b)(2). In et seq.), or who is currently under in- addition, participants are encouraged vestigation for such a violation, may to tag all released small bluefin tuna, be excluded from the program. big eye tuna, yellowfin tuna and sharks (2) Selected dealers will also be ad- where possible. Tags will be provided vised of the selected vessel owners and by the Science and Research Director. of authorized Second Harvest recipi- A record of each tag and release must ents of donated swordfish. be maintained and submitted to the (3) Second Harvest is the Second Har- Science and Research Director on vest National Foodbank Network, 116 forms provided with the tags. South Michigan Avenue, Suite 4, Chi- (3) The vessel’s owner or operator cago, IL 60603–6001. Second Harvest af- must retain any swordfish that is dead filiates are Certified Affiliate Food when brought aboard the vessel. Banks throughout the United States (4) The vessel’s owner or operator that have a contract with Second Har- must tag any swordfish that is retained vest and are officially part of their Na- under the donation program of this tional Foodbank Network. Agents of subpart prior to its off-loading from a Second Harvest are the individual vessel at the facility of a selected deal- charities that distribute or serve food er, using a non-reusable, individually to the needy from the Affiliate Food numbered donation tag provided by the Banks, or a business designated by let- Chief, Highly Migratory Species Divi- ter from Second Harvest to transport sion. The donation tag is not to be re- donated food between the foodbank and moved by the vessel crew, dealer, or the charity. Second Harvest until the carcass is (b) Vessels. The owner, or their opera- processed. tor, of a vessel that has been selected to participate in the donation program (5) All tags assigned to a vessel by and so notified in writing by the Chief, NMFS Highly Migratory Species Divi- Highly Migratory Species Division, sion, used or unused, must be ac- may retain swordfish from the North counted for by the owner/operator at Atlantic swordfish stock that are in ex- the request of any authorized officer. cess of the trip allowance for under- (6) The vessel’s owner or operator sized swordfish specified in § 630.23(b) must off-load any swordfish that is re- under the following terms and condi- tained under the donation program of tions. No person may land a swordfish this subpart only at a specified facility in excess of the trip allowance for un- of a dealer who has been selected by dersized swordfish other than in ac- the Chief, Highly Migratory Species cordance with these terms and condi- Division, to participate in the donation tions; any such landing constitutes a program. Off-loading must begin be- violation of the prohibition specified in tween the hours of 8 a.m. and 6 p.m. § 630.7(q). local time. An owner or operator must (1) The vessel’s selection letter from notify the Chief, NMFS Office of En- the Chief, Highly Migratory Species forcement, by telephone at numbers Division, must be carried on board the given in the vessel owner’s selection fishing vessel and the operator must letter, and a selected dealer, at least 24 present it for inspection upon the re- hours prior to off-loading swordfish quest of an authorized officer. under the donation program, unless (2) The vessel’s owner or operator stated otherwise in the vessel owner’s must release any swordfish that is less selection letter. than the minimum allowable size spec- (7) The Assistant Administrator, ified in § 630.23(a) and that is alive when upon consulting with industry rep- brought aboard the vessel, in a manner resentatives and NMFS Office of En- that will ensure maximum probability forcement, may change the require- of survival. If caught by hook, such ments for off-loading by notification in fish must be released by cutting the the FEDERAL REGISTER.
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(8) All swordfish harvested during a (6) The dealer must include individ- trip by a vessel participating in this ual swordfish tag numbers along with pilot program must be off-loaded at the the associated individual carcass same facility to a dealer participating weights of swordfish received under the in this donation program. donation program in the twice-month- (9) No vessel owner or operator may ly reports required by § 630.5(b). sell, trade, or barter, or attempt to (d) Second Harvest. Second Harvest, or sell, trade, or barter, any swordfish or its affiliates or agents, may receive any part thereof that is retained under and distribute swordfish from the the donation program of this subpart. North Atlantic swordfish stock that (c) Dealers. A dealer who has been se- are in excess of the trip allowance for lected and so notified in writing by the undersized swordfish specified in Chief, Highly Migratory Species Divi- § 630.23(b) under the following terms sion, to participate in the donation and conditions. Possession of a sword- program may receive and retain sword- fish other than in accordance with fish from the North Atlantic swordfish these terms and conditions constitutes stock that are in excess of a vessel’s a violation of the prohibition specified trip allowance for undersized swordfish in § 620.7(a) of this chapter. specified in § 630.23(b) under the follow- (1) Second Harvest may receive ing terms and conditions. Possession of swordfish that are in excess of the trip an undersized swordfish other than in allowance for undersized swordfish accordance with these terms and condi- only from a dealer who has been se- tions constitutes a violation of the pro- lected by the Chief, Highly Migratory hibition specified in § 620.7(a) of this Species Division, to participate in the chapter. donation program. (1) Dealers must have available on (2) Second Harvest may receive only their premises, or facility, the dealer undersized swordfish with donation selection letter from the Chief, Highly tags attached. Migratory Species Division, and must (3) Upon receiving swordfish under present it for inspection upon the re- the donation program, Second Harvest quest of an authorized officer. must provide a bill of lading receipt (2) A dealer may receive swordfish in that shows, or has affixed, individual excess of a vessel’s trip allowance for carcass weights and associated tag undersized swordfish only from a vessel numbers of swordfish received, the that has been selected by the Chief, names and permit number(s) of the ves- Highly Migratory Species Division, to sel(s) that harvested the swordfish, the participate in the donation program. name and permit number of the dealer, (3) A swordfish that is received under and the date of receipt. Such receipt the donation program must be kept must be distributed as follows: Original separate from other swordfish pos- and one copy (for the vessel owner or sessed by the dealer. The donation tag operator) to the dealer, one copy to the on such swordfish may not be removed. Chief, Highly Migratory Species Divi- (4) No dealer may sell, trade, or bar- sion, and one copy retained by Second ter, or attempt to sell, trade, or barter, Harvest to accompany the carcass ship- any swordfish, or any part thereof, that ment until it is processed. is retained under the donation program (4) All tags received by Second Har- of this subpart. vest affiliates or agents must be re- (5) A dealer may transfer any sword- turned to Second Harvest and ac- fish that is received under the donation counted for by Second Harvest at the program only to Second Harvest, and request of any authorized officer, or such swordfish may be transported Chief, Highly Migratory Species Divi- only by Second Harvest or their des- sion. ignated agent. The dealer must obtain (5) Second Harvest, its affiliates or the receipt specified in paragraph (d)(3) agents, may not sell, trade, or barter, of this section from Second Harvest or or attempt to sell, trade, or barter, any their designated agent. A copy of the swordfish or any part thereof that is receipt must be furnished by the dealer retained under the donation program of to the harvesting vessel. this subpart.
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(e) Duration of selection. A selection (f) Transfer. A selection letter issued letter remains valid for the period under this subpart is not transferable specified therein, provided the permit or assignable. Such letter is valid only issued to the participating vessel or for the vessel or dealer for which it was dealer under § 630.4 remains valid, ex- issued. cept that such selection letter may be revoked by the Chief, Highly Migratory § 630.52 Termination. Species Division— (1) Upon the request of the partici- Upon a finding by the Assistant Ad- pating vessel owner or dealer; ministrator that the intended purposes (2) Upon issuance of a Notice of Vio- of the program are not being achieved, lation and Assessment against the par- or that the program is no longer in ticipating vessel owner or dealer for a conformance with the recommenda- violation of the Magnuson Act (16 tions of the International Commission U.S.C. 1802 et seq.), the Lacey Act (16 for the Conservation of Atlantic Tunas, U.S.C. 3371 et seq.), or the ATCA (16 the Assistant Administrator may ter- U.S.C. 971 et seq.); or minate the program by notification in (3) For actions not consistent with the FEDERAL REGISTER. the requirements of the pilot program of this subpart.
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[56 FR 65021, Dec. 13, 1991]
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PART 640—SPINY LOBSTER FISHERY § 640.2 Definitions. OF THE GULF OF MEXICO AND In addition to the definitions in the SOUTH ATLANTIC Magnuson Act and in § 620.2 of this chapter, the terms used in this part Subpart A—General Provisions have the following meanings: Sec. Bully net means a circular frame at- 640.1 Purpose and scope. tached at right angles to the end of a 640.2 Definitions. pole and supporting a conical bag of 640.3 Relation to other laws. webbing. The webbing is usually held 640.4 Permits and fees. up by means of a cord which is released 640.5 Recordkeeping and reporting. [Re- when the net is dropped over a lobster. served] Carapace length means the measure- 640.6 Vessel and gear identification. ment of the carapace (head, body, or 640.7 Prohibitions. 640.8 Facilitation of enforcement. front section) of a spiny lobster from 640.9 Penalties. the anteriormost edge (front) of the groove between the horns directly Subpart B—Management Measures above the eyes, along the middorsal line (middle of the back), to the rear 640.20 Seasons. edge of the top part of the carapace, ex- 640.21 Harvest limitations. 640.22 Gear and diving restrictions. cluding any translucent membrane. 640.23 Bag/possession limits. Commercial fishing means any fishing 640.24 Authorized activities. or fishing activities which result in the harvest of any marine or freshwater or- FIGURES—PART 640 ganisms, one or more of which (or parts FIGURE 1—CARAPACE LENGTH thereof) is sold, traded, or bartered. AUTHORITY: 16 U.S.C. 1801 et seq. Hoop net means a frame, circular or otherwise, supporting a shallow bag of Subpart A—General Provisions webbing and suspended by a line and bridles. The net is baited and lowered § 640.1 Purpose and scope. to the ocean bottom, to be raised rap- idly at a later time to prevent the es- (a) The purpose of this part is to im- plement the Fishery Management Plan cape of lobster. for the Spiny Lobster Fishery of the Live well means a shaded container Gulf of Mexico and South Atlantic pre- used for holding live lobsters aboard a pared by the South Atlantic and Gulf vessel in which aerated seawater is of Mexico Fishery Management Coun- continuously circulated from the sea. cils under the Magnuson Act. Circulation of seawater at a rate that (b) This part governs conservation replaces the water at least every 8 min- and management of spiny lobster and utes meets the requirement for aer- slipper (Spanish) lobster in the EEZ in ation. the Atlantic Ocean and Gulf of Mexico Off Florida means the area from the off the Atlantic and Gulf of Mexico Florida coast to the outer limit of the states from the Virginia/North Caro- EEZ between the Georgia/Florida lina border south and through the Gulf boundary (30°42′45.6″N. latitude) and of Mexico. the Alabama/Florida boundary (c) An owner or operator of a vessel (87°31′06″W. longitude). that has legally harvested spiny lob- Off the Gulf states, other than Florida sters in the waters of a foreign nation means the area from the coast to the and possesses spiny lobsters, or sepa- outer limit of the EEZ between the rated tails, in the EEZ incidental to Texas/Mexico border to the Alabama/ such foreign harvesting is exempt from Florida boundary (87°31′06″ W. long.). the requirements of this part 640, pro- Off Monroe County, Florida means the vided proof of lawful harvest in the wa- area from the Florida coast to the ters of a foreign nation accompanies outer limit of the EEZ between a line such lobsters or tails. extending directly east from the Dade/ [57 FR 56518, Nov. 30, 1992] Monroe County, Florida boundary
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(25°20.4′N. latitude) and a line extend- § 640.4 Permits and fees. ing directly west from the Monroe/Col- (a) Applicability—(1) Licenses, certifi- lier County, Florida boundary (25°48.0′N. latitude). cates, and permits—(i) EEZ off Florida Off the southern Atlantic states, other and spiny lobster landed in Florida. For than Florida means the area from the a person to sell, trade, or barter, or at- coast to the outer limit of the EEZ be- tempt to sell, trade, or barter, a spiny tween the Virginia/North Carolina lobster harvested or possessed in the boundary (36°34′55″ N. lat.) to the Geor- EEZ off Florida, or harvested in the gia/Florida boundary (30°42′45.6″ N. EEZ other than off Florida and landed lat.). from a fishing vessel in Florida, or for Recreational fishing means fishing or a person to be exempt from the daily fishing activities which result in the bag and possession limit specified in harvest of fish, none of which (or parts § 640.23(b)(1) for such spiny lobster, such thereof) is sold, traded, or bartered. person must have the licenses and cer- Regional Director means the Director, tificates specified to be a ‘‘commercial Southeast Region, NMFS, 9721 Execu- harvester,’’ as defined in Rule 46– tive Center Drive N., St. Petersburg, 24.002(2), Florida Administrative Code, FL 33702, telephone 813–570–5301; or a in effect as of June 1, 1994. This incor- designee. poration by reference was approved by Slipper (Spanish) lobster means the the Director of the Office of the Fed- species Scyllarides nodifer. eral Register in accordance with 5 Spiny lobster means the species U.S.C. 552(a) and 1 CFR part 51. Copies Panulirus argus. may be obtained from the Florida Ma- Tail length means the lengthwise rine Fisheries Commission, 2540 Execu- measurement of the entire tail (seg- tive Center Circle West, Suite 106, Tal- mented portion), not including any lahassee, FL 32301; telephone: 904–487– protruding muscle tissue, of a spiny 0554. Copies may be inspected at the Of- lobster along the top middorsal line fice of the Regional Director; the Office (middle of the back) to the rearmost of Fisheries Conservation and Manage- extremity. The measurement is made ment, NMFS, 1315 East-West Highway, with the tail in a flat, straight position Silver Spring, MD; or the Office of the with the tip of the tail closed. Federal Register, 800 North Capitol Trip means a fishing trip, regardless Street NW, Suite 700, Washington, DC. of number of days’ duration, that be- (ii) EEZ other than off Florida. For a gins with departure from a dock, berth, person to sell, trade, or barter, or at- beach, seawall, or ramp and that termi- tempt to sell, trade, or barter, a spiny nates with return to a dock, berth, beach, seawall, or ramp. lobster harvested in the EEZ other than off Florida or for a person to be [47 FR 29203, July 2, 1982, as amended at 52 exempt from the daily bag and posses- FR 22659, June 15, 1987; 53 FR 17196, May 16, sion limit specified in § 640.23(b)(1) for 1988; 53 FR 24655, June 29, 1988; 53 FR 38294, such spiny lobster, a Federal vessel Sept. 30, 1988; 55 FR 26448, June 28, 1990; 57 FR 56518, Nov. 30, 1992; 58 FR 38979, July 21, 1993; permit must be issued to the harvest- 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, ing vessel and must be on board. How- 1995] ever, see paragraph (a)(1)(i) of this sec- tion for the licenses and certificates re- § 640.3 Relation to other laws. quired for a person to possess or land (a) The relation of this part to other spiny lobster harvested in the EEZ laws is set forth in § 620.3 of this chap- other than off Florida and subse- ter and paragraph (b) of this section. quently possessed in the EEZ off Flor- (b) The regulations in this part apply ida or landed from a fishing vessel in within the boundaries of any national Florida. park, monument, or marine sanctuary (2) Tail-separation permits. For a per- in the Gulf of Mexico and South Atlan- son to possess aboard a fishing vessel a tic EEZ. separated spiny lobster tail in or from [47 FR 29203, July 2, 1982, as amended at 52 the EEZ, a tail-separation permit must FR 22659, June 15, 1987; 53 FR 24655, June 29, be issued to the vessel and must be on 1988] board.
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(3) Corporation/partnership-owned ves- Regional Director and included on the sels. For a vessel owned by a corpora- application form. tion or partnership to be eligible for a (vi) A sworn statement by the appli- Federal vessel permit specified in para- cant for a vessel permit certifying that graph (a)(1)(ii) of this section, the at least 10 percent of his or her earned earned income qualification specified income was derived from commercial in paragraph (b)(2)(vi) of this section fishing, that is, sale of the catch, dur- must be met by, and the statement re- ing the calendar year preceding the ap- quired by that paragraph must be sub- plication. mitted by, an officer or shareholder of (vii) Documentation supporting the the corporation, a general partner of statement of income, if required under the partnership, or the vessel operator. paragraph (b)(3) of this section. (4) Operator-qualified permits. A vessel (viii) If a tail-separation permit is de- permit issued upon the qualification of sired, a sworn statement by the appli- an operator is valid only when that cant certifying that his or her fishing person is the operator of the vessel. activity— (b) Applications for permits. (1) An ap- (A) Is routinely conducted in the EEZ plication for a Federal vessel and/or on trips of 48 hours or more; and tail-separation permit must be submit- (B) Necessitates the separation of ted and signed by the owner (in the carapace and tail to maintain a quality case of a corporation, a qualifying offi- product. cer or shareholder; in the case of a (ix) Any other information that may partnership, a qualifying general part- be necessary for the issuance or admin- ner) or operator of the vessel. The ap- istration of the permit, as requested by plication must be submitted to the Re- the Regional Director and included on gional Director at least 30 days prior to the application form. the date on which the applicant desires (3) The Regional Director may re- to have the permit made effective. quire the applicant to provide docu- (2) An applicant must provide the fol- mentation supporting the sworn state- lowing information: ment under paragraph (b)(2)(vi) of this (i) A copy of the vessel’s U.S. Coast section before a permit is issued or to Guard certificate of documentation or, substantiate why such permit should if not documented, a copy of its state not be revoked or otherwise sanctioned registration certificate. under paragraph (h) of this section. (ii) The vessel’s name and official Such required documentation may in- number. clude copies of appropriate forms and (iii) Name, mailing address including schedules from the applicant’s income zip code, telephone number, social se- tax return. Copies of income tax forms curity number, and date of birth of the and schedules are treated as confiden- owner (if the owner is a corporation/ tial. partnership, in lieu of the social secu- (c) Change in application information. rity number, provide the employer The owner or operator of a vessel with identification number, if one has been a permit must notify the Regional Di- assigned by the Internal Revenue Serv- rector within 30 days after any change ice, and, in lieu of the date of birth, in the application information speci- provide the date the corporation/part- fied in paragraph (b) of this section. nership was formed). The permit is void if any change in the (iv) If the owner does not meet the information is not reported within 30 earned income qualification specified days. in paragraph (b)(2)(vi) of this section (d) Fees. A fee is charged for each per- and the operator does meet that quali- mit application submitted under para- fication, the name, mailing address in- graph (b) of this section. The amount cluding zip code, telephone number, so- of the fee is calculated in accordance cial security number, and date of birth with the procedures of the NOAA Fi- of the operator. nance Handbook for determining the (v) Information concerning vessel, administrative costs of each special gear used, fishing areas, and fisheries product or service. The fee may not ex- vessel is used in, as requested by the ceed such costs and is specified with
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each application form. The appropriate plication form, must accompany each fee must accompany each application. request for a replacement permit. (e) Issuance. (1) The Regional Direc- [57 FR 56518, Nov. 30, 1992, as amended at 59 tor will issue a permit at any time to FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, an applicant if the application is com- 1995] plete and the applicant meets the earned income requirement specified in § 640.5 Recordkeeping and reporting. paragraph (b)(2)(vi) of this section. An [Reserved] application is complete when all re- quested forms, information, and docu- § 640.6 Vessel and gear identification. mentation have been received. (a) EEZ off Florida. (1) An owner or (2) Upon receipt of an incomplete ap- operator of a vessel that is used to har- plication, the Regional Director will vest spiny lobsters by traps in the EEZ notify the applicant of the deficiency. off Florida must comply with the ves- If the applicant fails to correct the de- sel and gear identification require- ficiency within 30 days of the date of ments applicable to the harvesting of the Regional Director’s letter of notifi- spiny lobsters by traps in Florida’s wa- cation, the application will be consid- ters in sections 370.14(2)(a) and (3) and ered abandoned. 370.142(2)(b), Florida Statutes, in effect as of July 1, 1994, and in Rule 46– (f) Duration. A permit remains valid 24.006(3), (4), and (5), Florida Adminis- for the period specified on it unless the trative Code, in effect as of June 1, vessel is sold or the permit is revoked, 1994. suspended, or modified pursuant to (2) An owner or operator of a vessel subpart D of 15 CFR part 904. that is used to harvest spiny lobsters (g) Transfer. A permit issued pursu- by diving in the EEZ off Florida must ant to this section is not transferable comply with the vessel identification or assignable. A person purchasing a requirements applicable to the harvest- permitted vessel who desires to con- ing of spiny lobsters by diving in Flor- duct activities for which a permit is re- ida’s waters in Rule 46–24.006(6), Flor- quired must apply for a permit in ac- ida Administrative Code, in effect as of cordance with the provisions of para- June 1, 1994. graph (b) of this section. The applica- (3) The incorporation by reference in tion must be accompanied by a copy of paragraphs (a)(1) and (a)(2) of this sec- a signed bill of sale. tion of sections 370.14(2)(a) and (3) and (h) Display. A permit issued pursuant 370.142(2)(b), Florida Statutes, and Rule to this section must be carried on 46–24.006(3), (4), (5), and (6), Florida Ad- board the vessel, and such vessel must ministrative Code, was approved by the be identified as required by § 640.6. The Director of the Office of the Federal operator of a vessel must present the Register in accordance with 5 U.S.C. permit for inspection upon the request 552(a) and 1 CFR part 51. Copies may be of an authorized officer. obtained from the Florida Marine Fish- (i) Sanctions and denials. A permit is- eries Commission, 2540 Executive Cen- sued pursuant to this section may be ter Circle West, Suite 106, Tallahassee, revoked, suspended, or modified, and a FL 32301; telephone: 904–487–0554. Copies permit application may be denied, in may be inspected at the Office of the accordance with the procedures govern- Regional Director; the Office of Fish- ing enforcement-related permit sanc- eries Conservation and Management, tions and denials found at subpart D of NMFS, 1315 East-West Highway, Silver Spring, MD; or the Office of the Fed- 15 CFR part 904. eral Register, 800 North Capitol Street (j) Alteration. A permit that is al- NW, Suite 700, Washington, DC. tered, erased, or mutilated is invalid. (b) EEZ other than off Florida. (1) The (k) Replacement. A replacement per- owner or operator of a vessel that is mit may be issued. An application for a used to harvest spiny lobsters in the replacement permit will not be consid- EEZ other than off Florida, must meet ered a new application. A fee, the the following vessel and gear identi- amount of which is stated with the ap- fication requirements:
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(i) The vessel’s Florida crawfish li- that bears a Florida crawfish license or cense or trap number or, if not licensed trap number, or the Regional Director, by Florida, the vessel’s Federal vessel for a trap that bears a Federal vessel permit number must be permanently permit number, as to the number of and conspicuously displayed hori- traps purchased, the vendor, and the zontally on the uppermost structural crawfish license or trap number, or portion of the vessel in numbers at Federal vessel permit number, cur- least 10 inches (25.4 cm) high so as to be rently displayed on the traps, and must readily identifiable from the air and request issuance of a crawfish license water; or trap number, or Federal vessel per- (ii) If the vessel uses spiny lobster mit, if the acquiring owner does not traps in the EEZ, other than off Flor- possess such license or trap number or ida— permit. (A) The vessel’s color code, as as- (c) Unmarked traps and buoys. An un- signed by Florida or, if a color code has marked spiny lobster trap or buoy in not been assigned by Florida, as as- the EEZ is illegal gear. Such trap or signed by the Regional Director, must buoy, and any connecting lines, will be be permanently and conspicuously dis- considered unclaimed or abandoned played above the number specified in property and may be disposed of in any paragraph (b)(1)(i) of this section so as manner considered appropriate by the to be readily identifiable from the air Assistant Administrator or an author- and water, such color code being in the ized officer. An owner of such trap or form of a circle at least 20 inches (50.8 buoy remains subject to appropriate cm) in diameter on a background of civil penalties. colors contrasting to those contained [57 FR 56519, Nov. 30, 1992, as amended at 59 in the assigned color code; FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, (B) A buoy or timed-release buoy of 1995] such strength and buoyancy to float must be attached to each spiny lobster § 640.7 Prohibitions. trap or at each end of a string of traps; In addition to the general prohibi- (C) A buoy used to mark spiny lob- tions specified in § 620.7 of this chapter, ster traps must bear the vessel’s as- it is unlawful for any person to do any signed color code and be of such color, of the following: hue, and brilliancy as to be easily dis- (a) Sell, trade, or barter, or attempt tinguished, seen, and located; to sell, trade, or barter, a spiny lobster (D) A buoy used to mark spiny lob- in or from the EEZ without a required ster traps must bear the vessel’s Flor- license, certificate, or permit, as speci- ida crawfish license or trap number or, fied in § 640.4(a)(1). if not licensed by Florida, the vessel’s (b) Falsify information specified in Federal vessel permit number in num- § 640.4(b)(2) on an application for a per- bers at least 2 inches (5.08 cm) high; mit. and (c) Fail to display a permit, as speci- (E) A spiny lobster trap must bear fied in § 640.4(h). the vessel’s Florida crawfish license or (d) Falsify or fail to display and trap number or, if not licensed by Flor- maintain vessel and gear identifica- ida, the vessel’s Federal vessel permit tion, as required by § 640.6 (a) and (b). number permanently and legibly af- (e) Possess a spiny lobster trap in the fixed. EEZ at a time not authorized, as speci- (2) A spiny lobster trap in the EEZ, fied in § 640.20(b)(3)(i) and (b)(3)(ii). other than off Florida, will be pre- (f) Possess a spiny lobster in or from sumed to be the property of the most the EEZ at a time not authorized, as recently documented owner. Upon the specified in § 640.20(b)(4). sale or transfer of a spiny lobster trap (g) Fail to return immediately to the used in the EEZ, other than off Flor- water a berried spiny lobster or slipper ida, within 5 days of acquiring owner- lobster; strip eggs from or otherwise ship, the person acquiring ownership molest a berried spiny lobster or slip- must notify the Florida Division of per lobster; or possess a spiny lobster Law Enforcement of the Department of or slipper lobster, or part thereof, from Environmental Protection, for a trap which eggs, swimmerettes, or pleopods
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have been removed or stripped; as spec- (u) Make any false statement, oral or ified in § 640.21(a). written, to an authorized officer con- (h) Possess or fail to return imme- cerning the taking, catching, harvest- diately to the water unharmed a spiny ing, landing, purchase, sale, possession, lobster smaller than the minimum size or transfer of a spiny lobster. limits specified in § 640.21 (b)(1) and (b)(3), except as provided in § 640.21(c). [57 FR 56520, Nov 30, 1992, as amended at 58 FR 38979, July 21, 1993; 58 FR 61845, Nov. 23, (i) Harvest or attempt to harvest a 1993; 59 FR 53119, Oct. 21, 1994; 60 FR 41831, spiny lobster by diving without having Aug. 14, 1995] and using in the water a measuring de- vice, or fail to release an undersized § 640.8 Facilitation of enforcement. spiny lobster in the water, as specified in § 640.21(b)(2). See § 620.8 of this chapter. (j) Possess an undersized spiny lob- [53 FR 24656, June 29, 1988] ster for use as an attractant in a trap in quantities or under conditions not § 640.9 Penalties. authorized in § 640.21(c). See § 620.9 of this chapter. (k) Possess a separated spiny lobster tail, except as specified in § 640.21(d). [53 FR 24656, June 29, 1988] (l) Possess a spiny lobster harvested by prohibited gear or methods; or pos- Subpart B—Management sess on board a fishing vessel any dyna- Measures mite or similar explosive substance; as specified in § 640.20(b) and § 640.22 (a)(1) SOURCE: 57 FR 56520, Nov. 30, 1992, unless and (a)(3). otherwise noted. (m) Use or possess in the EEZ a spiny lobster trap that does not meet the re- § 640.20 Seasons. quirements specified in § 640.22(b)(1). (a) EEZ off the southern Atlantic states, (n) Pull or tend a spiny lobster trap other than Florida. In the EEZ off the other than during daylight hours, as specified in § 640.22(b)(2). southern Atlantic states, other than Florida, there are no seasonal restric- (o) Pull or tend another person’s spiny lobster trap, except as authorized tions on the harvest of spiny lobster or in § 640.22(b)(3). on the possession of traps. (p) Possess spiny lobsters in or from (b) EEZ off Florida and off the Gulf the EEZ in an amount exceeding the states, other than Florida—(1) Commercial daily bag and possession limit specified and recreational fishing season. The in § 640.23 (a), (b)(1), or (b)(2) except as commercial and recreational fishing authorized in § 640.23(b)(3) and (b)(4). season for spiny lobster in the EEZ off (q) Possess spiny lobsters aboard a Florida and the EEZ off the Gulf vessel that uses or has on board a net states, other than Florida, begins on or trawl in an amount exceeding the August 6 and ends on March 31. limits, as specified in § 640.23(b)(4). (2) Special recreational fishing sea- (r) Operate a vessel that fishes for or sons—(i) EEZ off Florida. There is a 2- possesses spiny lobster in or from the day special recreational fishing season EEZ with spiny lobster aboard in an in the EEZ off Florida on the last amount exceeding the cumulative bag Wednesday and successive Thursday of and possession limit, as specified in July each year during which fishing for § 640.23(d). spiny lobster is limited to diving or use (s) Transfer or receive at sea spiny of a bully net or hoop net. (See lobster in or from the EEZ caught § 640.22(a) for general prohibitions on under the bag and possession limits, as gear and methods.) In the EEZ off Mon- specified in § 640.23(e). roe County, Florida, no person may (t) Interfere with, obstruct, delay, or harvest spiny lobster by diving at prevent by any means an investigation, night, that is, from 1 hour after official search, seizure, or disposition of seized sunset to 1 hour before official sunrise, property in connection with enforce- during this 2-day special recreational ment of the Magnuson Act. fishing season.
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(ii) EEZ off the Gulf states, other than whole or a part of a spiny lobster sub- Florida. There is a 2-day special rec- ject to these regulations may only be reational fishing season in the EEZ off possessed during the commercial and the Gulf states, other than Florida, recreational fishing season and the spe- during the last Saturday and succes- cial recreational fishing season speci- sive Sunday of July each year during fied in § 640.20, unless accompanied by which fishing for spiny lobster may be proof of lawful harvest in the waters of conducted by authorized gear and a foreign nation. Consistent with the methods other than traps. (See provisions of paragraphs (b)(3)(i) and § 640.22(a) for general prohibitions on (ii) of this section, a spiny lobster in a gear and methods.) trap in this area will not be deemed to (3) Possession of traps. (i) In the EEZ be possessed provided such spiny lob- off Florida, the rules and regulations ster is returned immediately to the applicable to the possession of spiny water unharmed when a trap is re- lobster traps in Florida’s waters in moved from the water between March Rule 46–24.005(3), (4), and (5), Florida 31 and April 15. Administrative Code, in effect as of (c) Primacy of seasonal restrictions in June 1, 1994, apply in their entirety to the EEZ off Florida. The seasonal re- the possession of spiny lobster traps in strictions applicable in the EEZ off the EEZ off Florida. This incorporation Florida apply to all spiny lobsters and by reference was approved by the Di- traps in the EEZ off Florida, without rector of the Office of the Federal Reg- regard to harvest or use elsewhere, un- ister in accordance with 5 U.S.C. 552(a) less accompanied by proof of lawful and 1 CFR part 51. Copies may be ob- harvest elsewhere. tained from the Florida Marine Fish- [60 FR 41831, Aug. 14, 1995] eries Commission, 2540 Executive Cen- ter Circle West, Suite 106, Tallahassee, § 640.21 Harvest limitations. FL 32301; telephone: 904–487–0554. Copies (a) Berried lobsters. A berried (egg- may be inspected at the Office of the bearing) spiny lobster or slipper lobster Regional Director; the Office of Fish- in or from the EEZ must be returned eries Conservation and Management, immediately to the water unharmed. If NMFS, 1315 East-West Highway, Silver found in a trap in the EEZ, a berried Spring, MD; or the Office of the Fed- spiny lobster or slipper lobster may not eral Register, 800 North Capitol Street be retained in the trap. A berried spiny NW, Suite 700, Washington, DC. lobster or slipper lobster in or from the (ii) In the EEZ off the Gulf states, EEZ may not be stripped of its eggs or other than Florida, a spiny lobster trap otherwise molested. The possession of a may be placed in the water prior to the spiny lobster or slipper lobster, or part commercial and recreational fishing thereof, in or from the EEZ from which season, which is specified in paragraph eggs, swimmerettes, or pleopods have (b)(1) of this section beginning on Au- been removed or stripped is prohibited. gust 1 and must be removed from the (b) Minimum size limits. (1) Except as water after such season not later than provided in paragraph (c) of this sec- April 5. tion— (iii) A spiny lobster trap, buoy, or (i) No person may possess a spiny lob- rope in the EEZ off Florida or in the ster in or from the EEZ with a cara- EEZ off the Gulf states, other than pace length of 3.0 inches (7.62 cm) or Florida, during periods not authorized less; and in paragraphs (b)(3)(i) and (b)(3)(ii) of (ii) A spiny lobster, harvested in the this section will be considered un- EEZ by means other than diving, with claimed or abandoned property and a carapace length of 3.0 inches (7.62 cm) may be disposed of in any manner con- or less must be returned immediately sidered appropriate by the Assistant to the water unharmed. Administrator or an authorized officer. (2) No person may harvest or attempt An owner of such trap, buoy, or rope to harvest a spiny lobster by diving in remains subject to appropriate civil the EEZ unless he or she possesses, penalties. while in the water, a measuring device (4) Possession of spiny lobsters. In the capable of measuring the carapace EEZ off Florida and the Gulf states, a length. A spiny lobster captured by a
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diver must be measured in the water was used to take the spiny lobster, pro- using such measuring device and, if the vided no prohibited gear is on board spiny lobster has a carapace length of the vessel. 3.0 inches (7.62 cm) or less, it must be (2) A spiny lobster may not be taken released unharmed immediately with- in a directed fishery by the use of a net out removal from the water. or trawl. See § 640.23(d) for the bycatch (3) Aboard a vessel authorized under limits applicable to a vessel that uses paragraph (d) of this section to possess or has on board a net or trawl. a separated spiny lobster tail, no per- (3) Poisons and explosives may not be son may possess in or from the EEZ a used to take a spiny lobster or slipper separated spiny lobster tail with a tail lobster in the EEZ. For the purposes of length less than 5.5 inches (13.97 cm). this paragraph (a)(3), chlorine, bleach, (c) Undersized attractants. A live spiny and similar substances, which are used lobster under the minimum size limit to flush a spiny lobster out of rocks or specified in paragraph (b)(1) of this sec- coral, are poisons. A vessel in the spiny tion that is harvested in the EEZ by a lobster or slipper lobster fishery may trap may be retained aboard the har- not possess on board in the EEZ any vesting vessel for future use as an at- dynamite or similar explosive sub- tractant in a trap provided it is held in stance. a live well aboard the vessel. No more (b) Traps. (1) In the EEZ, a spiny lob- than fifty undersized spiny lobsters, or ster trap may be no larger in dimen- one per trap aboard the vessel, which- sion than 3 feet by 2 feet by 2 feet (91.4 ever is greater, may be retained aboard cm by 61.0 cm by 61.0 cm), or the vol- for use as attractants. The live well ume equivalent. A trap constructed of must provide a minimum of 3⁄4 gallons material other than wood must have a (1.7 liters) of seawater per spiny lob- panel constructed of wood, cotton, or ster. An undersized spiny lobster so re- other material that will degrade at the tained must be released to the water same rate as a wooden trap. Such panel alive and unharmed immediately upon must be located in the upper half of the leaving the trap lines and prior to one sides or on top of the trap, so that, hour after official sunset each day. when removed, there will be an opening (d) Tail separation. The possession in the trap no smaller than the diame- aboard a fishing vessel of a separated ter found at the throat or entrance of spiny lobster tail in or from the EEZ is the trap. authorized only when the possession is (2) A spiny lobster trap in the EEZ incidental to fishing exclusively in the may be pulled or tended during day- EEZ on a trip of 48 hours or more and light hours only, that is, from 1 hour a Federal tail-separation permit speci- before official sunrise to 1 hour after fied in § 640.4(a)(2) has been issued to official sunset. and is on board the vessel. (3) A spiny lobster trap in the EEZ [57 FR 56520, Nov. 30, 1992, as amended at 59 may be pulled or tended only by the FR 53119, Oct. 21, 1994] owner’s vessel, or by a vessel for which permission to pull or work traps be- § 640.22 Gear and diving restrictions. longing to another person has been (a) Prohibited gear and methods. (1) A granted— spiny lobster may not be taken in the (i) For traps in the EEZ off Florida, EEZ with a spear, hook, or similar de- by the Florida Division of Law En- vice, or gear containing such devices. forcement, Department of Environ- In the EEZ, the possession of a speared, mental Protection, in accordance with pierced, or punctured spiny lobster is the procedures in Rule 46-24.006(7), prima facie evidence that prohibited Florida Administrative Code, in effect gear was used to take such lobster. as of June 1, 1994. This incorporation Hook, as used in this paragraph (a)(1), by reference was approved by the Di- does not include a hook in a hook-and- rector of the Office of the Federal Reg- line fishery for species other than ister in accordance with 5 U.S.C. 552(a) spiny lobster; and possession of a spiny and 1 CFR part 51. Copies may be ob- lobster that has been speared, pierced, tained from the Florida Marine Fish- or punctured by such hook is not con- eries Commission, 2540 Executive Cen- sidered evidence that prohibited gear ter Circle West, Suite 106, Tallahassee,
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FL 32301; telephone: 904–487–0554. Copies (ii) The vessel from which the person may be inspected at the Office of the is operating has on board the required Regional Director; the Office of Fish- licenses, certificates, or permits, as eries Conservation and Management, specified in § 640.4(a)(1). NMFS, 1315 East-West Highway, Silver (4) Harvest by net or trawl. During the Spring, MD; or the Office of the Fed- commercial and recreational fishing eral Register, 800 North Capitol Street season specified in § 640.20(b)(1), aboard NW, Suite 700, Washington, DC. a vessel with the required licenses, cer- (ii) For traps in the EEZ, other than tificates, or permits specified in off Florida, by the Regional Director, § 640.4(a)(1) that harvests spiny lobster as may be arranged upon written re- by net or trawl or has on board a net or quest. trawl, the possession of spiny lobster in or from the EEZ off Florida and off the [57 FR 56520, Nov. 30, 1992, as amended at 58 Gulf states, other than Florida, may FR 38980, July 21, 1993; 60 FR 41831, Aug. 14, 1995] not exceed at any time 5 percent, whole weight, of the total whole weight of all § 640.23 Bag/possession limits. fish lawfully in possession on board such vessel. If such vessel lawfully pos- (a) EEZ off the southern Atlantic states, sesses a separated spiny lobster tail, other than Florida. The daily bag or pos- the possession of spiny lobster in or session limit for spiny lobster in or from the EEZ may not exceed at any from the EEZ off the southern Atlantic time 1.6 percent, by weight of the spiny states, other than Florida, is two per lobster or parts thereof, of the total person for commercial and recreational whole weight of all fish lawfully in pos- fishing, year-round. session on board such vessel. For the (b) EEZ off Florida and off the Gulf purposes of this paragraph (b)(4), the states, other than Florida—(1) Commercial term ‘‘net or trawl’’ does not include a and recreational fishing season. Except hand-held net, a loading or dip net, a as specified in paragraphs (b)(3) and bully net, or a hoop net. (b)(4) of this section, during the com- (5) Diving at night. The provisions of mercial and recreational fishing season paragraph (b)(3) of this section not- specified in § 640.20(b)(1), the daily bag withstanding, a person who harvests or possession limit of spiny lobster in spiny lobster in the EEZ by diving at or from the EEZ off Florida and off the night, that is, from 1 hour after official Gulf states, other than Florida, is six sunset to 1 hour before official sunrise, per person. is limited to the bag limit specified in (2) Special recreational fishing seasons. paragraph (b)(1) of this section, wheth- During the special recreational fishing er or not a Federal vessel permit speci- seasons specified in § 640.20(b)(2), the fied in § 640.4(a)(1) has been issued to daily bag or possession limit of spiny and is on board the vessel from which lobster— the diver is operating. (i) In or from the EEZ off the Gulf (c) Combination of bag/possession limits. states, other than Florida, is six per A person who fishes for or possesses person; spiny lobster in or from the EEZ under (ii) In or from the EEZ off Florida a bag or possession limit specified in other than off Monroe County, Florida, paragraph (a) or (b) of this section may is twelve per person; and not combine the bag or possession lim- (iii) In or from the EEZ off Monroe its of those paragraphs or combine County, Florida, is six per person. such bag or possession limit with a bag (3) Exemption from the bag/possession or possession limit applicable to state limit. During the commercial and rec- waters. reational fishing season specified in (d) Responsibility for bag/possession § 640.20(b)(1), a person is exempt from limits. The operator of a vessel that the bag and possession limit specified fishes for or possesses spiny lobster in in paragraph (a) of this section, pro- or from the EEZ is responsible for the vided— cumulative bag or possession limit (i) The harvest of spiny lobsters is by specified in paragraphs (a) and (b) of diving, or by the use of a bully net, this section applicable to that vessel, hoop net, or spiny lobster trap; and based on the number of persons aboard.
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(e) Transfer at sea. A person who § 640.24 Authorized activities. fishes for or possesses spiny lobster in The Assistant Administrator may au- or from the EEZ under a bag or posses- sion limit specified in paragraph (a) or thorize, for the acquisition of informa- (b) of this section may not transfer a tion and date, activities otherwise pro- spiny lobster at sea from a fishing ves- hibited by the regulations in this part. sel to any other vessel, and no person [57 FR 56520, Nov. 30, 1992, as amended at 60 may receive at sea such spiny lobster. FR 41832, Aug. 14, 1995] [60 FR 41831, Aug. 14, 1995]
FIGURES—PART 640
[47 FR 29203, July 2, 1982. Redesignated at 57 FR 56518, Nov. 30, 1992]
PART 644—ATLANTIC BILLFISHES SOURCE: 53 FR 37769, Sept. 28, 1988, unless otherwise noted. Subpart A—General Provisions Subpart A—General Provisions Sec. 644.1 Purpose and scope. § 644.1 Purpose and scope. 644.2 Definitions. 644.3 Relation to other laws. (a) The purpose of this part is to im- 644.4 Permits and fees. [Reserved] plement the Fishery Management Plan 644.5 Recordkeeping and reporting. for Atlantic Billfishes prepared jointly 644.6 Vessel identification. [Reserved] by the South Atlantic, New England, 644.7 Prohibitions. Mid-Atlantic, Gulf of Mexico, and Car- 644.8 Facilitation of enforcement. ibbean Fishery Management Councils. 644.9 Penalties. (b) This part governs conservation Subpart B—Management Measures and management of billfish off the At- lantic, Gulf of Mexico, and Caribbean 644.20 Fishing year. coastal states, and regulates the pos- 644.21 Size limits. session or sale in any state of a billfish 644.22 Gear limitations. 644.23 Incidental catch restrictions. harvested from its management unit. 644.24 Restrictions on sale. [53 FR 37769, Sept. 28, 1988, as amended at 56 644.25 Specifically authorized activities. FR 13417, Apr. 2, 1991] AUTHORITY: 16 U.S.C. 1801 et seq.
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§ 644.2 Definitions. 300 South New Street, Dover, DE 19901– 6790; In addition to the definitions in the (d) Gulf of Mexico Fishery Manage- Magnuson Act and in § 620.2 of this ment Council, 5401 W. Kennedy Boule- chapter, the terms used in this part vard, Suite 881, Tampa, FL 33609; have the following meanings: (e) Caribbean Fishery Management Billfish means sailfish, Istiophorus Council, Suite 1108, Banco de Ponce platypterus; white marlin, Tetrapturus Building, Hato Rey, PR 00918–2577. albidus; blue marlin, Makaira nigricans, Dealer, for the purposes of this part and longbill spearfish, Tetrapturus 644, means a person, other than the pfluegeri. consumer, who receives fish by way of Billfish tournament means any fishing purchase, barter, or trade. competition involving billfish in which Drift net, sometimes called a drift en- participants must register or otherwise tanglement net or drift gill net, means enter or in which a prize or award is of- a flat, unmoored net suspended verti- fered for catching billfish. cally in the water that entangles the Councils means the following Re- head or other body parts of fish that gional Fishery Management Councils: attempt to pass through the meshes. (a) South Atlantic Fishery Manage- EEZ, for the purposes of this part 644, ment Council, Southpark Building, means the EEZ, as defined at 50 CFR Suite 306, 1 Southpark Circle, Charles- 620.2, in the Atlantic Ocean including ton, SC 29407–4699; the Gulf of Mexico and the Caribbean (b) New England Fishery Manage- Sea. ment Council, Suntaug Office Park, 5 Eye-fork length (EFL) means the Broadway, Saugus, MA 01906; straight-line measurement from the (c) Mid-Atantic Fishery Management eye to the fork of the caudal fin, as Council, Federal Building, Room 2115, shown in figure 1.
Lower jaw-fork length (LJFL) means (a) For blue marlin and white marlin, the straight-line measurement from the waters of the North Atlantic Ocean the tip of the lower jaw to the fork of (including the Gulf of Mexico and the the caudal fin, as shown in figure 1. Caribbean Sea) north of 5° N. latitude; Management unit means—
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(b) For sailfish, the waters of the search Director, must maintain and North and South Atlantic Oceans (in- submit a fishing record on forms avail- cluding the Gulf of Mexico and the Car- able from the Science and Research Di- ibbean Sea) west of 30° W. longitude; rector for each day of fishing in the and tournament. Forms must be submitted (c) For longbill spearfish, the waters so as to be received by the Science and of the entire North and South Atlantic Research Director within 10 days of the Oceans (including the Gulf of Mexico conclusion of the tournament and must and the Caribbean Sea). be accompanied by a copy of the tour- Pelagic longline means a type of fish- nament rules. ing gear consisting of a length of line (a) The following information must suspended horizontally in the water be included on each form: above the bottom from lines attached (1) Tournament name; to surface floats and to which gangions (2) Recorder’s name and telephone (leaders) and hooks are attached. number; Regional Director means the Director, (3) Date for which the information is Southeast Region, NMFS, 9721 Execu- recorded; tive Center Drive N., St. Petersburg, (4) Hours fished (time from first line FL 33702; telephone 813–570–5301, or a in the water to last line out of the designee. water); Related species means black marlin, (5) Name of each vessel fishing that Makaira indica; striped marlin, day; Tetrapturus audax; or shortbill spear- (6) For each vessel listed, the species fish, Tetrapturus angustirostris. of each billfish boated or released; Rod and reel means a hand-held (in- (7) The weight and length of each cludes rod holder) fishing rod with a billfish brought ashore; manually or electrically operated reel (8) The name, address, and signature attached. of the tournament director; and Science and Research Director means (9) The date signed. the Science and Research Director, (b) In addition to the information re- Southeast Fisheries Center, NMFS, 75 quired to be reported by paragraph (a) Virginia Beach Drive, Miami, FL 33149, of this section, the following informa- telephone 305–361–5761, or a designee. tion is desired, but is not mandatory: Total length (TL) means the straight- (1) Prevailing weather conditions on line measurement from the tip of the the day reported, such as wind speed upper jaw to the plane of the more ex- and direction, and sea height and direc- tended tip of the caudal fin when in its tion; and natural position, as shown in figure 1. (2) Whether a tag was attached before the billfish was released. [53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991; 60 FR 35341, July 7, (Approved by the Office of Management and 1995] Budget under control number 0648–0031)
§ 644.3 Relation to other laws. § 644.6 Vessel identification. [Re- (a) The relation of this part to other served] laws is set forth in § 620.3 of this chap- ter and paragraph (b) of this section. § 644.7 Prohibitions. (b) Regulations governing fishing in In addition to the general prohibi- the EEZ by vessels other than vessels tions specified in § 620.7 of this chapter, of the United States appear at 50 CFR it is unlawful for any person to do any part 611, subpart A, and §§ 611.60 and of the following: 611.61. (a) Falsify or fail to report informa- tion required to be submitted, as speci- § 644.4 Permits and fees. [Reserved] fied in § 644.5. (b) Possess a billfish less than the § 644.5 Recordkeeping and reporting. minimum size limit specified in A person conducting a billfish tour- § 644.21(a). nament from a port in an Atlantic, (c) Fail to release a billfish in the Gulf of Mexico, or Caribbean State, and manner specified in § 644.21(b) or who is selected by the Science and Re- § 644.23.
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(d) Possess a billfish with its head, (b) A billfish under the minimum size fins, or bill removed shoreward of the limit caught shoreward of the outer outer boundary of the EEZ or through boundary of the EEZ must be released landing, as specified in § 644.21(c). by cutting the line near the hook with- (e) Possess or retain a billfish by a out removing the fish from the water. vessel with a pelagic longline or drift (c) A billfish possessed aboard a fish- net aboard or harvested by gear other ing vessel shoreward of the outer than rod and reel, as specified in boundary of the EEZ must have its § 644.22. head, fins, and bill intact, and a billfish (f) Purchase, barter, trade, sell, or landed from a fishing vessel in an At- offer for sale a billfish harvested from lantic, Gulf of Mexico, or Caribbean its management unit, as specified in coastal state must have its head, fins, § 644.24(a). and bill intact through landing. Such (g) Falsify information submitted in billfish may be eviscerated but must accordance with § 644.24(b). otherwise be maintained in a whole (h) As a dealer or seafood processor, condition. possess a billfish or related species (d) The following approximations of without the documentation specified in the minimum size limits for blue mar- § 644.24(b), or with incomplete or fal- lin, white marlin, and sailfish, ex- sified documentation. pressed in terms of EFL, LJFL, TL, (i) Interfere with, obstruct, delay, or and whole, live weight, are provided for prevent by any means an investigation, the convenience of fishermen. These search, seizure, or disposition of seized approximations may not be substituted property in connection with enforce- for the minimum size limits expressed ment of the Magnuson Act. in terms of LJFL specified in para- graph (a) of this section. (Information collection requirements in paragraph (g) were approved by the Office of Lower Management and Budget under control num- Eye-fork Total Whole, length jaw-fork length live wt. ber 0648–0216) length (in.) (in.) (in.) (lbs.) [53 FR 37769, Sept. 28, 1988, as amended at 54 FR 14239, Apr. 10, 1989; 56 FR 13417, Apr. 2, Blue marlin ...... 75 86 110 200 1991] White marlin ...... 53 62 81 50 Sailfish ...... 49 57 76 30 § 644.8 Facilitation of enforcement. See § 620.8 of this chapter. [53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991]
§ 644.9 Penalties. § 644.22 Gear limitations. See § 620.9 of this chapter. (a) The possession or retention shore- ward of the outer boundary of the EEZ Subpart B—Management of a billfish harvested by gear other Measures than rod and reel is prohibited. (b) The possession or retention shore- § 644.20 Fishing year. ward of the outer boundary of the EEZ The fishing year is January 1 through of a billfish by a vessel with a pelagic December 31. longline or drift net aboard is prohib- ited. § 644.21 Size limits. (a) The following minimum size lim- § 644.23 Incidental catch restrictions. its, expressed in terms of lower jaw- A billfish harvested by gear other fork length (LJFL), apply for the pos- than rod and reel shoreward of the session of billfish shoreward of the outer boundary of the EEZ must be re- outer boundary of the EEZ, regardless leased in a manner that will ensure of where caught: maximum probability of survival. A (1) Blue marlin—86 in. billfish caught by a pelagic longline (2) White marlin—62 in. shoreward of the outer boundary of the (3) Sailfish—57 in. EEZ must be released by cutting the (4) Longbill spearfish—no minimum line near the hook without removing size. the fish from the water.
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§ 644.24 Restrictons on sale. 648.6 Dealer/processor permits. 648.7 Recordkeeping and reporting require- (a) A billfish harvested from its man- ments. agement unit may not be purchased, 648.8 Vessel identification. bartered, traded, sold, or offered for 648.9 VTS requirements. sale in any state. 648.10 DAS notification requirements. (b) Except for a billfish or related 648.11 At-sea sea sampler/observer coverage. species landed in a Pacific state and re- 648.12 Experimental fishing. maining in the state of landing, a bill- 648.13 Transfers at sea. fish or related species that is possessed 648.14 Prohibitions. by a dealer or seafood processor will be 648.15 Facilitation of enforcement. 648.16 Penalties. presumed to be a billfish harvested from its management unit unless it is Subpart B—Management Measures for the accompanied by documentation that Atlantic Mackerel, Squid, and the billfish was harvested from outside Butterfish Fisheries its management unit or the related species was harvested from other than 648.20 Maximum optimum yield (OYs). the Atlantic Ocean (including the Gulf 648.21 Procedures for determining initial of Mexico and the Caribbean Sea). Such annual amounts. documentation must contain: 648.22 Closure of the fishery. 648.23 Gear restrictions. (1) The information specified in 50 CFR part 246 for marking containers or Subpart C—Management Measures for packages of fish or wildlife that are im- Atlantic Salmon ported, exported, or transported in interstate commerce. 648.40 Prohibition on possession. (2) The name and home port of the vessel harvesting the billfish or related Subpart D— Management Measures for species; the Atlantic Sea Scallop Fishery (3) The port and date of offloading 648.50 Shell-height standard. from the vessel harvesting the billfish 648.51 Gear and crew restrictions. or related species; and 648.52 Possession limits. (4) A statement signed by the dealer 648.53 DAS allocations. or seafood processor attesting that 648.54 State waters exemption. each billfish was harvested from an 648.55 Framework specifications. area other than its management unit 648.56 Scallop research project. and each related species was harvested Subpart E—Management Measures for the from other than the Atlantic Ocean Atlantic Surf Clam and Ocean Qua- (including the Gulf of Mexico and the hog Fisheries Caribbean Sea). 648.70 Annual individual allocations. [56 FR 13418, Apr. 2, 1991] 648.71 Catch quotas. § 644.25 Specifically authorized activi- 648.72 Minimum surf clam size. ties. 648.73 Closed areas. 648.74 Shucking at sea. The Secretary may authorize, for the 648.75 Cage identification. acquisition of information and data, activities otherwise prohibited by Subpart F—Management Measures for the these regulations. NE Multispecies Fishery 648.80 Regulated mesh areas and restric- PART 648—FISHERIES OF THE tions on gear and methods of fishing. NORTHEASTERN UNITED STATES 648.81 Closed areas. 648.82 Effort-control program for limited Subpart A—General Provisions access vessels. 648.83 Minimum fish sizes. Sec. 648.84 Gear-marking requirements and gear 648.1 Purpose and scope. restrictions. 648.2 Definitions. 648.85 Flexible Area Action System. 648.3 Relation to other laws. 648.86 Possession restrictions. 648.4 Vessel and individual commercial per- 648.87 Gillnet requirements to reduce or mits. prevent marine mammal takes. 648.5 Operator permits. 648.88 Open access permit restrictions.
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648.89 Recreational and charter/party re- (Atlantic Surf Clam and Ocean Quahog strictions. FMP); the Northeast multispecies fish- 648.90 Framework specifications. ery (NE Multispecies FMP); the sum- Subpart G—Management Measures for the mer flounder, scup, and black sea bass Summer Flounder Fishery fisheries (Summer Flounder, Scup, and Black Sea Bass FMP); and the Atlantic 648.100 Catch quotas and other restrictions. bluefish fishery (Atlantic Bluefish 648.101 Closures. FMP). These FMPs and the regulations 648.102 Time restrictions. in this part govern the conservation 648.103 Minimum fish sizes. 648.104 Gear restrictions. and management of the above named 648.105 Possession restrictions. fisheries of the Northeastern United 648.106 Sea turtle conservation. States. (b) This part governs domestic fish- Subpart H—Management Measures for the ing only. Foreign fishing is governed Scup Fishery under subpart F of part 600 of this 648.120 Catch quotas and other restrictions. chapter. 648.121 Closures. [61 FR 34968, July 3, 1996, as amended at 61 648.122 Season and area restrictions. FR 43424, Aug. 23, 1996; 62 FR 13299, Mar. 20, 648.123 Gear restrictions. 1997] 648.124 Minimum fish sizes. 648.125 Possession limit. § 648.2 Definitions. 648.126 Protection of threatened and endan- gered sea turtles. In addition to the definitions in the Magnuson Act and in § 600.10 of this Subpart I—Management Measures for the chapter, the terms used in this part Black Sea Bass Fishery have the following meanings: 648.140 Catch quotas and other restrictions. Alewife means Alosa pseudoharengus. 648.141 Closure. American lobster or lobster means 648.142 Time restrictions. Homarus americanus. 648.143 Minimum sizes. American shad means Alosa 648.144 Gear restrictions. sapidissima. 648.145 Possession limit. 648.146 Special management zones. Atlantic butterfish or butterfish means Peprilus triacanthus. Subpart J—Management Measures for the Atlantic croaker means Micropogonias Atlantic Bluefish Fishery undulatus. Atlantic mackerel or mackerel means 648.160 Fishing year. Scomber scombrus. 648.161 Possession limit. 648.162 Catch monitoring, commercial con- Atlantic Mackerel, Squid, and trols, and gear restrictions. Butterfish Monitoring Committee means 648.163 Closure of the fishery. the committee made up of staff rep- resentatives of the MAFMC and the AUTHORITY: 16 U.S.C. 1801 et seq. NEFMC, and the Northeast Regional SOURCE: 61 FR 34968, July 3, 1996, unless Office and NEFSC of NMFS. The otherwise noted. MAFMC Executive Director or a des- EDITORIAL NOTE: Nomenclature changes for ignee chairs the Committee. part 648 appear at 62 FR 14651, Mar. 27, 1997. Atlantic salmon means Salmo salar. Atlantic sea scallop or scallop means Subpart A—General Provisions Placopecten magellanicus, throughout its range. § 648.1 Purpose and scope. Beam trawl means gear, consisting of (a) This part implements the fishery a twine bag attached to a beam at- management plans (FMP) for the At- tached to a towing wire, designed so lantic mackerel, squid, and butterfish that the beam does not contact the fisheries (Atlantic Mackerel, Squid, bottom. The beam is constructed with and Butterfish FMP); Atlantic salmon sinkers or shoes on either side that (Atlantic Salmon FMP); the Atlantic support the beam above the bottom or sea scallop fishery (Atlantic Sea Scal- any other modification so that the lop FMP (Scallop FMP)); the Atlantic beam does not contact the bottom. The surf clam and ocean quahog fisheries beam trawl is designed to slide along
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the bottom rather than dredge the bot- Conger eel means Conger oceanicus. tom. Cunner means Tautogolabrus Black sea bass means Centropristis adspersus. striata. Council means the New England Fish- Black Sea Bass Monitoring Committee ery Management Council (NEFMC) for means a committee made up of staff the Atlantic sea scallop and the NE representatives of the Mid-Atlantic, multispecies fisheries, or the Mid-At- New England, and South Atlantic Fish- lantic Fishery Management Council ery Management Councils, the North- (MAFMC) for the Atlantic mackerel, east Regional Office of NMFS, the squid, and butterfish; the Atlantic surf Northeast Fisheries Science Center, clam and ocean quahog; the summer and Commission representatives. The flounder, scup, and black sea bass fish- Council Executive Director or his des- eries; and the Atlantic bluefish fishery. ignee chairs the Committee. Day(s)-at-Sea (DAS), with respect to Black sea bass pot or black sea bass the NE multispecies and scallop fish- trap means any such gear used in eries, except as described in catching and retaining black sea bass. § 648.82(k)(1)(v), means the 24–hour peri- Blowfish (puffer) means any species in ods of time during which a fishing ves- the family Tetraodontidae. sel is absent from port in which the Bluefish means Pomotomus saltatrix. vessel intends to fish for, possess or Bluefish Committee means the Bluefish land, or fishes for, possesses, or lands FMP Review and Monitoring Commit- regulated species or scallops. tee of the MAFMC. Dealer means any person who re- Bushel (bu) means a standard unit of ceives, for a commercial purpose (other volumetric measurement deemed to than solely for transport on land), from hold 1.88 ft3 (53.24 L) of surf clams or the owner or operator of a vessel issued ocean quahogs in the shell. a valid permit under this part, any spe- Cage means a container with a stand- cies of fish, the harvest of which is ard unit of volumetric measurement managed by this part. containing 60 ft3 (1,700 L). The outside Dredge or dredge gear, with respect to dimensions of a standard cage gen- the scallop fishery, means gear consist- erally are 3 ft (91 cm) wide, 4 ft (122 cm) ing of a mouth frame attached to a long, and 5 ft (152 cm) high. holding bag constructed of metal rings, Chafing gear or cookies, with respect or any other modification to this de- to the scallop fishery, means steel, rub- sign, that can be or is used in the har- berized or other types of donut rings, vest of scallops. disks, washers, twine, or other mate- Dredge bottom, with respect to scal- rial attached to or between the steel lops, means the rings and links found rings of a sea scallop dredge. between the bail of the dredge and the Charter or party boat means any ves- club stick, which, when fishing, would sel that carries passengers for hire to be in contact with the sea bed. This in- engage in recreational fishing and, cludes the triangular shaped portions with respect to multispecies, that is of the ring bag commonly known as not fishing under a DAS. ‘‘diamonds.’’ Combination vessel means a vessel Dredge top, with respect to the scal- that has fished in any one calendar lop fishery, means the mesh panel in year with scallop dredge gear and otter the top of a dredge and immediately trawl gear during the period 1988 adjacent rings and links found between through 1990, and that is eligible for an the bail of the dredge, the club stick, allocation of individual DAS under the and the two side panels. The bail of the NE Multispecies FMP and has applied dredge is the rigid structure of the for- for or been issued a limited access scal- ward portion of the dredge that con- lop permit. nects to the warp and holds the dredge Commercial fishing or fishing commer- open. The club stick is the rigid bar at cially means fishing that is intended to, the tail of the dredge bag that is at- or results in, the barter, trade, trans- tached to the rings. fer, or sale of fish. Dredge vessel, with respect to the Commission means the Atlantic scallop fishery, means any fishing ves- States Marine Fisheries Commission. sel that is equipped for fishing using
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dredge gear and that is capable of Handlines are retrieved only by hand, catching scallops. not by mechanical means. Exempted gear, with respect to the NE Harbor porpoise means Phocoena multispecies fishery, means gear that phocoena. is deemed to be not capable of catching Harbor Porpoise Review Team (HPRT) NE multispecies and includes: Pelagic means a team of scientific and tech- hook and line, pelagic longline, spears, nical experts appointed by the NEFMC rakes, diving gear, cast nets, tongs, to review, analyze, and propose harbor harpoons, weirs, dipnets, stop nets, porpoise take mitigation alternatives. pound nets, pelagic gillnets, pots and Herring means Atlantic herring, traps, purse seines, shrimp trawls (with Clupea harengus, or blueback herring, a properly configured grate as defined Alosa aestivalis. under this part), surf clam and ocean Hickory shad means Alosa mediocris. quahog dredges, and midwater trawls. Hook gear means fishing gear that is Fishing trip or trip means a period of comprised of a hook or hooks attached time during which fishing is conducted, to a line and includes, but is not lim- beginning when the vessel leaves port ited to, longline, setline, jigs, troll and ending when the vessel returns to line, rod and reel, and line trawl. port. Illex means Illex illecebrosus (short- Fishing year means: finned or summer squid). (1) For the scallop fishery, from John Dory means Zenopsis conchifera. March 1 through the last day of Feb- Land means to begin offloading fish, ruary of the following year. to offload fish, or to enter port with (2) For the NE multispecies fishery, fish. from May 1 through April 30 of the fol- Liner means a piece of mesh or any lowing year. other material rigged inside or outside (3) For all other fisheries in this part, the main or outer net or dredge that from January 1 through December 31. restricts the mesh or ring size or other- Flatfish gillnets means gillnets that wise reduces escapement. are either constructed with no floats Link, with respect to the sea scallop on the float line, or that are con- fishery, means the material, usually structed with floats on the float line made of a 3⁄8-inch (10-mm) or 7⁄16-inch and that have tie-down twine between (11-mm) diameter metal rod, that joins the float line and the lead line not two adjacent rings within the ring bag more than 48 inches (18.90 cm) in length of a dredge. and spaced not more than 15 feet (4.57 Loligo means Loligo pealei (long- m) apart. finned or bone squid). FMP means fishery management Longhorn sculpin means plan. Myoxocephalus octodecimspinosus. Fourspot flounder means Paralichthys Longline gear means fishing gear that oblongus. is or is designed to be set horizontally, Gillnet gear capable of catching multi- either anchored, floating, or attached species means all gillnet gear except pe- to a vessel, and that consists of a main lagic gillnet gear specified at or ground line with three or more § 648.81(f)(2)(ii) and pelagic gillnet gear gangions and hooks. that is designed to fish for and is used Menhaden means Atlantic menhaden, to fish for, or catch, tunas, swordfish Brevoortia tyrannus. and sharks. Midwater trawl gear means trawl gear Gross registered tonnage (GRT) means that is designed to fish for, is capable the gross registered tonnage specified of fishing for, or is being used to fish on the USCG documentation for a ves- for pelagic species, no portion of which sel. is designed to be or is operated in con- Hagfish means Myxine glutinosa. tact with the bottom at any time. Handline or handline gear means fish- Mobile gear means trawls, beam ing gear that is released by hand and trawls, and dredges that are designed consists of one main line to which is to maneuver with that vessel. attached no more than two leaders for Monkfish or anglerfish means Lophius a total of no more than three hooks. americanus.
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Mullet means any species in the fam- any vessel. For purposes of the surf ily Mugilidae. clam and ocean quahog fishery, it Multispecies frames, also known as means to separate physically a cage multispecies racks, means the remains from a vessel, such as by removing the of the multispecies finfish after it has sling or wire used to remove the cage been filleted or processed, not includ- from the harvesting vessel. ing the fillet. Operator means the master, captain, Multispecies Monitoring Committee or other individual on board a fishing means a team of scientific and tech- vessel, who is in charge of that vessel’s nical staff appointed by the NEFMC to operations. review, analyze, and recommend ad- Out of the multispecies fishery or DAS justments to the measurement meas- program means the period of time dur- ures. The team consists of staff from ing which a vessel is absent from port the NEFMC and the MAFMC, NMFS and is not fishing for regulated species Northeast Region Office, NEFSC, the under the NE multispecies DAS pro- USCG, an industry representative, and gram. no more than two representatives, ap- Pair trawl or pair trawling means to pointed by the Commission, from af- tow a single net between two vessels. fected states. Pelagic hook or longline gear means NEFSC means the Northeast Fish- fishing gear that is not fixed, nor de- eries Science Center, NMFS. signed to be fixed, nor anchored to the Net tonnage (NT) means the net ton- bottom and that consists of nage specified on the USCG docu- monofilament main line (as opposed to mentation for a vessel. a cable main line) to which gangions Non-exempt gillnet fishery means a are attached. fishery which uses gillnet gear capable Personal use, with respect to the surf of catching multispecies. clam or ocean quahog fishery, means Non-exempt species means species of harvest of surf clams or ocean quahogs fish not included under the GOM/GB for use as bait, for human consump- and SNE Regulated Mesh Area exempt- tion, or for other purposes (not includ- ed fisheries, as specified in § 648.80(a)(3), ing sale or barter) in amounts not to (a)(4), (a)(8) through (13), (b)(3)(i) and exceed 2 bu (106.48 L) per person per (ii), (b)(5) through (8), and (d), (e), (h), fishing trip. and (i). Person who receives bluefish for com- Nonregulated multispecies means the mercial purposes means any person (ex- subset of Northeast multispecies that cluding representatives of govern- includes silver hake, red hake and mental agencies) engaged in the sale, ocean pout. barter, or trade of bluefish received Northeast (NE) multispecies or multispe- from a fisherman, or one who trans- cies means the following species: ports bluefish from a fisherman. American plaice—Hippoglossoides platessoides. Postmark means independently verifi- Atlantic cod—Gadus morhua. able evidence of date of mailing, such Haddock—Melanogrammus aeglefinus. as U.S. Postal Service postmark, Unit- Ocean Pout—Macrozoarces americanus. ed Parcel Service (U.P.S.) or other pri- Pollock—Pollachius virens. vate carrier postmark, certified mail Redfish—Sebastes fasciatus. receipt, overnight mail receipt, or re- Red hake—Urophycis chuss. Silver hake (whiting)—Merluccius bilinearis. ceipt received upon hand delivery to an White hake—Urophycis tenuis. authorized representative of NMFS. Windowpane flounder—Scophthalmus aquosus. Prior to leaving port means prior to Winter flounder—Pleuronectes americanus. departing from the last dock or moor- Witch flounder—Glyptocephalus cynoglossus. ing in port to engage in fishing, includ- Yellowtail flounder—Pleuronectes ferrugineus. ing the transport of fish to another Northern shrimp means Pandalus bore- port. alis. Processor means a person who re- Ocean quahog means the species ceives surf clams or ocean quahogs for Arctica islandica. a commercial purpose and removes Offload or offloading means to begin them from a cage. to remove, to remove, to pass over the Purse seine gear means an encircling rail, or otherwise take away fish from net with floats on the top edge, weights
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and a purse line on the bottom edge, of the net, if the opening is obstructed and associated gear, or any net de- in any fashion. signed to be, or capable of being, used Scallop dredge vessel means any fish- in such fashion. ing vessel, other than a combination Recreational fishing means fishing vessel, that uses or is equipped to use that is not intended to, nor results in scallop dredge gear. the barter, trade, or sale of fish. Scup means Stenotomus chrysops. Recreational fishing vessel, with re- Scup Monitoring Committee means a spect to the scup fishery, means any committee made up of staff representa- vessel from which no fishing other than tive of the MAFMC, NEFMC, South At- recreational fishing is conducted. Char- lantic Fishery Management Council, ter and party boats are considered rec- the NMFS Northeast Regional Office, reational fishing vessels for purposes of the NEFSC, and the Commission. The the scup minimum size requirement. MAFMC Executive Director or a des- Regional Administrator means the Ad- ignee chairs the committee. ministrator, Northeast Region, NMFS, or a designee. Scup pot or trap means a pot or trap Regulated fishery means any fishery used in catching and retaining scup. of the United States which is regulated Sea Scallop Plan Development Team under the Magnuson-Stevens Act. (PDT) means a team of technical ex- Regulated species means the subset of perts appointed by the NEFMC. NE multispecies that includes Atlantic Sea raven means Hemitripterus cod, witch flounder, American plaice, americanus. yellowtail flounder, haddock, pollock, Searobin means any species of the winter flounder, windowpane flounder, family Triglidae. redfish, and white hake. Shucking or to shuck means opening Reporting month means the period of or to open a scallop, surf clam, or time beginning at 0001 hours local time ocean quahog and removing the meat on the first day of each calendar month or the adductor muscle from the shell. and ending at 2400 hours local time on Shucking machine means any mechan- the last day of each calendar month. ical device that automatically removes Reporting week means the period of the meat or the adductor muscle from time beginning at 0001 local time on a scallop, surf clam, or ocean quahog Sunday and ending at 2400 hours local shell. time the following Saturday. Sink gillnet or bottom-tending gillnet Re-rig or re-rigged means physical al- means with respect to the NE multi- teration of the vessel or its gear in species fishery, any gillnet, anchored order to transform the vessel into one or otherwise, that is designed to be, or capable of fishing commercially for a is fished on or near the bottom in the species in the applicable fishery. lower third of the water column. Rigged hooks means hooks that are Skate means any species of the family baited, or only need to be baited, in Rajidae. order to be fished. Unsecured, unbaited Smooth dogfish means Mustelis canis. hooks and gangions are not considered to be rigged. Sorting machine means any mechani- Rod and reel means a hand-held (in- cal device that automatically sorts cluding rod holder) fishing rod with a whole scallops by shell height, size, or manually operated reel attached. other physical characteristics. Roundfish gillnets means gillnets that Spiny dogfish means Squalus are constructed with floats on the float acanthias. line and that have no tie-down twine Spot means Leiostomus xanthurus. between the float line and the lead Square mesh, with respect to the NE line. multispecies fishery, means mesh in Runaround gillnet or encircling gillnet which the horizontal bars of the mesh means a rectangular net placed upright run perpendicular to the long axis of in the water column in a circular fash- the net so when the net is placed under ion with an opening equal to or less a strain the mesh remains open to a than 1/4 the length of the net or with square-like shape. Square mesh can be an opening greater than 1/4 the length formed by hanging diamond mesh ‘‘on
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the square,’’ if the resulting mesh con- Upon returning to port, for purposes of forms with the above description of the call-in notification system for the square mesh. NE multispecies fishery, means the Squid means Loligo pealei or Illex first point when a vessel ties up at a illecebrosus. dock or mooring in a port at the end of Standard tote means a box typically a fishing trip. constructed of plastic, designed to hold Vessel length means the length speci- 100 lb (45.3 kg) of fish plus ice, and that fied on the USCG documentation for a has a liquid capacity of 70 L, or a vol- vessel or on the state registration for a ume of not more than 4,320 cubic in (2.5 vessel not required to be documented cubic ft or 70.79 cubic cm). under title 46 U.S.C., if the state length Substantially similar harvesting capac- is verified by an authorized officer or ity means the same or less GRT and NMFS official. vessel length. Vessel Tracking System (VTS) means a Summer flounder means Paralichthys vessel tracking system as set forth in dentatus. § 648.9 and approved by NMFS for use Summer Flounder Monitoring Commit- by scallop and NE multispecies vessels, tee means a committee made up of staff as required by this part. representatives of the MAFMC, VTS unit means a device installed on NEFMC, and SAFMC, the NMFS board a vessel used for vessel tracking Northeast Regional Office, the NEFSC, and transmitting the vessel’s position the Southeast Science Center, and the as required by this part. Commission. The MAFMC Executive Weakfish means Cynoscion regalis. Director or a designee chairs the com- Whiting means Merluccius bilinearis. mittee. [61 FR 34968, July 3, 1996, as amended at 61 Surf clams means Atlantic surf clams FR 39910, July 31, 1996; 61 FR 43424, Aug. 23, of the species Spisula solidissima. 1996; 61 FR 49277, Sept. 19, 1996; 61 FR 56126, Swordfish means Xiphias gladius. Oct. 31, 1996; 61 FR 58464, Nov. 15, 1996; 62 FR Target total allowable catch (TAC) 2620, Jan. 17, 1997; 62 FR 9379, Mar. 3, 1997; 62 FR 10748, Mar. 10, 1997; 62 FR 13299, Mar. 20, means the annual domestic harvest 1997; 62 FR 14646, Mar. 27, 1997; 62 FR 15385, targets for regulated species. Apr. 1, 1997; 62 FR 49148, Sept. 19, 1997; 62 FR Tautog (blackfish) means Tautoga 51381, Oct. 1, 1997] onitas. Tied up to the dock, with respect to § 648.3 Relation to other laws. NE multispecies, means to tie-up at a (a) The relation of this part to other dock, on a mooring, or in a harbor. laws is set forth in § 600.705. Tilefish means Lopholatilus (b) Nothing in these regulations su- chamaeleonticeps. persedes more restrictive state man- Total Length (TL) means the straight- agement measures for any of the spe- line distance from the tip of the snout cies referenced in § 648.1 and, for Atlan- to the end of the tail (caudal fin) while tic salmon, more restrictive local man- the fish is lying on its side. agement measures. Transfer means to begin to remove, to remove, to pass over the rail, or to oth- § 648.4 Vessel and individual commer- erwise take away fish from any vessel cial permits. and move them to another vessel. (a) Fishery specific permit information. Trawl means gear consisting of a net (1) NE multispecies vessels. Any vessel of that is towed, including but not lim- the United States, including a charter ited to beam trawls, pair trawls, otter or party boat, must have been issued trawls, and Danish and Scottish seine and have on board a valid multispecies gear. permit to fish for, possess or land Trawl sweep means the total length of multispecies finfish in or from the the footrope on a trawl net that is di- EEZ. Multispecies frames used as, or to rectly attached to the webbing of a net. be used as, bait on a vessel fishing ex- Under construction means that the clusively with pot gear are deemed not keel had been laid or the vessel was to be multispecies finfish for purposes under written agreement for construc- of this part provided that there is a re- tion or the vessel was under written ceipt for the purchase of those frames contract for purchase. on board the vessel.
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(i) Limited access multispecies permits— tory. If more than one vessel owner (A) Eligibility. To be eligible to apply claims eligibility for a limited access for a limited access multispecies per- permit, based on one vessel’s fishing mit, as specified in § 648.82, in 1996 and and permit history, the Regional Ad- thereafter, a vessel must have been is- ministrator will determine who is enti- sued a limited access multispecies per- tled to qualify for the permit and the mit for the preceding year, must be re- DAS allocation according to paragraph placing a vessel that was issued a lim- (a)(1)(i)(D) of this section. ited access multispecies permit for the (D) Change in ownership. The fishing preceding year, or must qualify for a and permit history of a vessel is pre- 1996 limited access multispecies hook- sumed to transfer with the vessel gear permit under this paragraph whenever it is bought, sold, or other- (a)(1)(i). Vessels qualifying for 1996 lim- wise transferred, unless there is a writ- ited access multispecies hook-gear per- ten agreement, signed by the trans- mits are qualified only for that limited feror/seller and transferee/buyer, or access permit category. A vessel is eli- other credible written evidence, verify- gible for a 1996 limited access multispe- ing that the transferor/seller is retain- cies hook-gear permit, provided: ing the vessel’s fishing and permit his- (1) The vessel was issued a 1995 open tory for purposes of replacing the ves- access multispecies hook-gear permit sel. and the owner or operator of the vessel (E) Replacement vessels. To be eligible submitted to the Regional Adminis- for a limited access permit under this trator, no later than January 26, 1996, section, the replacement vessel must fishing log reports dated between June meet the following criteria and any ap- 1, 1994, and June 1, 1995, when fishing plicable criteria under paragraph with hook gear under the open access (a)(1)(i)(F) of this section: hook-gear permit, documenting land- (1) The replacement vessel’s horse- ings of at least 500 lb (226.8 kg) of NE power may not exceed by more than 20 multispecies finfish, or its equivalent percent the horsepower of the vessel in numbers of fish; or that was initially issued a limited ac- (2) The vessel is replacing such a ves- cess permit as of the date the initial sel. vessel applied for such permit. (B) Application/renewal restrictions. (2) The replacement vessel’s length, Owners of vessels must apply for a lim- GRT, and NT may not exceed by more ited access multispecies hook-gear per- than 10 percent the length, GRT, and mit before September 1, 1996, to receive NT of the vessel that was initially is- an automatic mailing of an application sued a limited access permit as of the to renew their permit in 1997 and to be date the initial vessel applied for such assured that their permit application permit. will be processed within 30 days. Vessel (F) Upgraded vessel. A vessel may be owners applying after December 31, upgraded, whether through refitting or 1996, will be ineligible to apply for an replacement, and still be eligible for or initial limited access multispecies be eligible to retain or renew a limited hook-gear permit. To renew or apply access permit, only if the upgrade com- for a limited access multispecies per- plies with the following: mit, a completed application must be (1) The vessel’s horsepower may be received by the Regional Adminis- increased, whether through refitting or trator by the first day of the fishing replacement, only once. Such an in- year for which the permit is required. crease may not exceed 20 percent of the Failure to renew a limited access horsepower of the vessel initially is- multispecies permit in any year bars sued a limited access permit as of the the renewal of the permit in subse- date the initial vessel applied for such quent years. permit. (C) Qualification restriction. Unless the (2) The vessel’s length, GRT, and NT Regional Administrator determines to may be increased, whether through re- the contrary, no more than one vessel fitting or replacement, only once. Any may qualify, at any one time, for a increase in any of these three specifica- limited access permit based on that or tions of vessel size may not exceed 10 another vessel’s fishing and permit his- percent of the respective specification
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of the vessel initially issued a limited hook-gear category, provided that the access permit as of the date the initial denial has been appealed, the appeal is vessel applied for such permit. If any of pending, and the vessel has on board a these three specifications is increased, letter from the Regional Administrator any increase in the other two must be authorizing the vessel to fish under the performed at the same time. This type limited access hook-gear category. The of upgrade may be done separately Regional Administrator will issue such from an engine horsepower upgrade. a letter for the pendency of any appeal. (G) Consolidation restriction. Limited Any such decision is the final adminis- access permits and DAS allocations trative action of the Department of may not be combined or consolidated. Commerce on allowable fishing activ- (H) Appeal of denial of permit. (1) Eligi- ity, pending a final decision on the ap- bility. Any applicant eligible to apply peal. The letter of authorization must for an initial limited access multispe- be carried on board the vessel. If the cies hook-gear permit who is denied appeal is finally denied, the Regional such permit may appeal the denial to Administrator shall send a notice of the Regional Administrator within 30 final denial to the vessel owner; the au- days of the notice of denial. Any such thorizing letter becomes invalid 5 days appeal must be based on one or more of after receipt of the notice of denial. the following grounds, must be in writ- (I) Limited access permit restrictions. (1) ing, and must state the grounds for the A vessel may be issued a limited access appeal: multispecies permit in only one cat- (i) The information used by the Re- egory during a fishing year. Vessels gional Administrator was based on may not change limited access multi- mistaken or incorrect data. species permit categories during the (ii) The applicant was prevented by fishing year, except as provided in circumstances beyond his/her control paragraph (a)(1)(i)(I)(2) of this section. from meeting relevant criteria. A vessel issued a limited access multi- (iii) The applicant has new or addi- species hook-gear permit may not tional information. change its limited access permit cat- (2) Appeal review. The Regional Ad- egory at any time. ministrator will appoint a designee (2) The owner of a vessel issued a lim- who will make the initial decision on ited access multispecies permit may the appeal. The appellant may request request a change in permit category, a review of the initial decision by the unless otherwise restricted by para- Regional Administrator by so request- graph (a)(1)(i)(I)(1) of this section. In ing in writing within 30 days of the no- 1996, a vessel owner has one oppor- tice of the initial decision. If the appel- tunity to request a change in permit lant does not request a review of the category by submitting an application initial decision within 30 days, the ini- to the Regional Administrator by Au- tial decision shall become the final ad- gust 14, 1996. If a complete application ministrative action of the Department is not submitted by that date, the ves- of Commerce. Such review will be con- sel must fish only in the DAS program ducted by a hearing officer appointed assigned for the remainder of the 1996 by the Regional Administrator. The fishing year. Any DAS that a vessel hearing officer shall make findings and uses prior to a change in permit cat- a recommendation to the Regional egory will be counted against its allo- Administratorch shall be advisory cation received under any subsequent only. Upon receiving the findings and a permit category. For 1997 and beyond, recommendation, the Regional Admin- the owner of a limited access multispe- istrator will issue a final decision on cies vessel eligible to request a change the appeal. The Regional Administra- in permit category must elect a cat- tor’s decision is the final administra- egory prior to the start of each fishing tive action of the Department of Com- year and will have one opportunity to merce. request a change in permit category by (3) Status of vessels pending appeal. A submitting an application to the Re- vessel denied a limited access multi- gional Administrator within 45 days of species hook-gear permit may fish issuance of the vessel’s permit. After under the limited access multispecies that date, the vessel must remain in
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that permit category for the duration (K) Abandonment or voluntary relin- of the fishing year. quishment of permits. If a vessel’s lim- (3) With the exception of combina- ited access permit for a particular fish- tion vessels, sea scallop dredge vessels ery is voluntarily relinquished to the are not eligible for limited access Regional Administrator, or abandoned multispecies permits. through failure to renew or otherwise, (J) Confirmation of Permit History. no limited access permit for that fish- Notwithstanding any other provisions ery may be re-issued or renewed based of this part, a person who does not cur- on that vessel’s history or to any vessel rently own a fishing vessel, but who relying on that vessel’s history. has owned a qualifying vessel that has (L) Restriction on permit splitting. A sunk, been destroyed, or transferred to limited access multispecies permit another person, may apply for and re- may not be issued to a vessel or its re- ceive a Confirmation of Permit History placement, or remain valid, if the ves- (CPH) if the fishing and permit history sel’s permit or fishing history has been of such vessel has been retained law- used to qualify another vessel for an- fully by the applicant. To be eligible to other Federal fishery. obtain a CPH, the applicant must show (ii) Open access permits. A vessel of that the qualifying vessel meets the the United States that has not been is- eligibility requirements, as applicable, sued a limited access multispecies per- in this part. Issuance of a valid and mit is eligible for and may be issued an current CPH preserves the eligibility of open access multispecies handgear, the applicant to apply for or renew a charter/party or nonregulated multi- limited access permit for a replace- species permit and may fish for, pos- ment vessel based on the qualifying sess and land multispecies finfish sub- vessel’s fishing and permit history at a ject to the restrictions in § 648.88. A subsequent time, subject to the re- vessel that has been issued a valid lim- placement provisions specified in this ited access scallop permit, but that has section. A CPH must be applied for and not been issued a limited access multi- received on an annual basis in order for species permit, is eligible for and may the applicant to preserve the fishing be issued an open access scallop multi- rights and limited access eligibility of species possession limit permit and the qualifying vessel. If fishing privi- may fish for, possess and land multi- leges have been assigned or allocated species finfish subject to the restric- previously under this part, based on tions in § 648.88. The owner of a vessel the qualifying vessel’s fishing and per- issued an open access permit may re- mit history, the CPH also preserves quest a different open access permit such fishing privileges. Any decision category by submitting an application regarding the issuance of a CPH for a to the Regional Administrator at any qualifying vessel that has applied for time. or been issued previously a limited ac- (2) Atlantic sea scallop vessels— Any cess permit is a final agency action vessel of the United States that fishes subject to judicial review under 5 for, possesses, or lands Atlantic sea U.S.C. 704. An application for a CPH scallops in quantities greater than 40 lb must be received by the Regional Ad- (18.14 kg) shucked, or 5 bu (176.2 L) of ministrator by the beginning of the in-shell scallops per trip, except vessels fishing year for which it is required. In- that fish exclusively in state waters for formation requirements for the CPH scallops, must have been issued and application are the same as those for a carry on board a valid scallop permit. limited access permit with any request (i) Limited access scallop permits. Any for information about the vessel being vessel of the United States that pos- applicable to the qualifying vessel that sesses or lands more than 400 lb (181.44 has been sunk, destroyed, or trans- kg) of shucked, or the equivalent ferred. Vessel permit applicants who amount of in-shell scallops (50 bu (176.2 have been issued a CPH and who wish L)) per trip, except vessels that fish ex- to obtain a vessel permit for a replace- clusively in state waters for scallops, ment vessel based upon the previous must have been issued and carry on vessel history may do so pursuant to board a valid limited access scallop this paragraph (a)(1)(i)(J). permit.
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(A) Eligibility. To be eligible to apply (I) Limited access permit restrictions. A for a limited access scallop permit, a vessel may be issued a limited access vessel must have been issued a limited scallop permit in only one category access scallop permit for the preceding during a fishing year. The owner of a year, or the vessel must be replacing a vessel issued a limited access scallop vessel that has been issued a limited permit must elect a permit category access scallop permit for the preceding for that vessel prior to the start of year. each fishing year and will have one op- (B) Application/renewal restrictions. To portunity to request a change in per- renew or apply for a limited access mit category by submitting an applica- scallop permit, a completed application tion to the Regional Administrator must be received by the Regional Ad- within 45 days of issuance of the ves- ministrator by the first day of the fish- sel’s permit. After this date, the vessel ing year for which the permit is re- must remain in that permit category quired. Failure to renew a limited ac- for the duration of the fishing year. cess scallop permit in any year bars Any DAS that a vessel uses prior to a the renewal of the permit in subse- change in permit category will be quent years. counted against its allocation received (C) Qualification restriction. See para- under any subsequent permit category. graph (a)(1)(i)(C) of this section. (J) Confirmation of Permit History. See (D) Change in ownership. See para- paragraph (a)(1)(i)(J) of this section. graph (a)(1)(i)(D) of this section. (K) Abandonment or voluntary relin- (E) Replacement vessels. See paragraph quishment of permits. See paragraph (a)(1)(i)(E) of this section. (a)(1)(i)(K) of this section. (F) Upgraded vessel. See paragraph (ii) General scallop permit. Any vessel (a)(1)(i)(F) of this section. of the United States that is not in pos- (G) Consolidation restriction. See para- session of a limited access scallop per- graph (a)(1)(i)(G) of this section. mit, and that possesses, or lands per (H) Percentage ownership restrictions. trip, more than 40 lb (18.14 kg) and less (1) For any vessel acquired after March 1, 1994, a vessel owner is not eligible to than or including 400 lb (181.44 kg) of be issued a limited access scallop per- shucked meats, or the equivalent mit for the vessel if the issuance of the amount of in-shell scallops (5 and 50 bu permit will result in the vessel owner, (176.2 L and 176.2 L), respectively), ex- or any person who is a shareholder or cept vessels that fish exclusively in partner of the vessel owner, having an state waters for scallops, must carry ownership interest in limited access on board a valid general scallop per- scallop vessels in excess of 5 percent of mit. the number of all limited access scal- (3) Summer flounder vessels. Any vessel lop vessels at the time of permit appli- of the United States that fishes for or cation. retains summer flounder in the EEZ (2) Vessel owners who were initially must have been issued and carry on issued a 1994 limited access scallop per- board a valid summer flounder permit, mit, or were issued or renewed a lim- except for vessels other than party or ited access scallop permit for a vessel charter vessels that observe the posses- in 1995 and thereafter in compliance sion limit set forth in § 648.105. with the ownership restrictions in (i) Moratorium permits (applicable paragraph (a)(2)(i)(H)(1) of this section, through 1997). (A) Eligibility. To be eligi- are eligible to renew such permit(s), re- ble to apply for a moratorium permit gardless of whether the renewal of the to fish for and retain summer flounder permits will result in the 5 percent in excess of the possession limit in ownership restriction being exceeded. § 648.105 in the EEZ, a vessel must have (3) Having an ownership interest in- been issued a summer flounder morato- cludes, but is not limited to, persons rium permit in a previous year or be who are shareholders in a vessel owned replacing a vessel that was issued a by a corporation, who are partners moratorium permit for a previous year. (general or limited) to a vessel owner, (B) Application/renewal restriction. No or who, in any way, partly own a ves- one may apply for a summer flounder sel. moratorium permit for a vessel after:
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(1) The owner retires the vessel from board a valid surf clam or ocean qua- the fishery. hog permit, respectively. (2) The vessel fails to land any sum- (5) Mackerel, squid, and butterfish ves- mer flounder at least once within any sels - Any vessel of the United States, 52-consecutive-week period. including party and charter vessels, (C) Replacement vessels. To be eligible must have been issued and carry on for a moratorium permit, the replace- board a valid vessel permit to fish for, ment vessel must be replacing a vessel possess, or land Atlantic mackerel, of substantially similar harvesting ca- squid, or butterfish in or from the EEZ. pacity that is judged unseaworthy by (i) Loligo squid and butterfish morato- the USCG, for reasons other than lack rium permit. (A) Eligibility. A vessel is of maintenance, or that involuntarily eligible for a moratorium permit to left the fishery during the moratorium. fish for and retain Loligo squid or Both the entering and replaced vessels butterfish in excess of the incidental must be owned by the same person. catch allowance specified in paragraph Vessel permits issued to vessels that (a)(5)(iii) of this section, if it meets any involuntarily leave the fishery may not of the following criteria: be combined to create larger replace- (1) The vessel landed and sold at least ment vessels. 20,000 lb (9.07 mt) of Loligo squid or (ii) Party and charter boat permits. butterfish in any 30 consecutive day pe- Any party or charter boat is eligible riod between August 13, 1981, and Au- for a permit to fish for summer floun- gust 13, 1993. der, other than a summer flounder (2) The vessel is replacing such a ves- moratorium permit, if it is carrying sel and meets the requirements of para- passengers for hire. Such vessel must graph (a)(3)(i)(C) of this section. observe the possession limits specified (B) Application/renewal restrictions. No in § 648.105. one may apply for an initial Loligo (iii) Exemption permits. Owners of squid and butterfish moratorium per- summer flounder vessels seeking an ex- mit for a vessel after: emption from the minimum mesh re- (1) May 2, 1997. quirement under the provisions of (2) The owner retires the vessel from § 648.104(b)(1) must apply to the Re- the fishery. gional Administrator under paragraph (C) Replacement vessels. See paragraph (c) of this section at least 7 days prior (a)(3)(i)(C) of this section. to the date they wish the permit to be- (D) Appeal of denial of permit. (1) Any come effective. The applicant must applicant denied a moratorium permit mark ‘‘Exemption Permit Request’’ on may appeal to the Regional Adminis- the permit application at the top. A trator within 30 days of the notice of permit issued under this paragraph denial. Any such appeal shall be in (a)(3)(iii) does not meet the require- writing. The only ground for appeal is ments of paragraph (a)(3)(i) of this sec- that the Regional Administrator erred tion, but is subject to the other provi- in concluding that the vessel did not sions of this section. Persons issued an meet the criteria in paragraph exemption permit must surrender it to (a)(5)(i)(A)(1) of this section. The ap- the Regional Administrator at least 1 peal shall set forth the basis for the ap- day prior to the date they wish to fish plicant’s belief that the Regional Ad- not subject to the exemption. The Re- ministrator’s decision was made in gional Administrator may impose tem- error. porary additional procedural require- (2) The appeal may be presented, at ments by publishing a notification in the option of the applicant, at a hear- the FEDERAL REGISTER. ing before an officer appointed by the (4) Surf clam and ocean quahog ves- Regional Administrator. sels.— Any vessel of the United States (3) The hearing officer shall make a that fishes for surf clams or ocean qua- recommendation to the Regional Ad- hogs, except vessels taking surf clams ministrator. and ocean quahogs for personal use or (4) The decision on the appeal by the fishing exclusively within state waters, Regional Administrator is the final de- must have been issued and carry on cision of the Department of Commerce.
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(ii) Illex squid moratorium permit (Ap- owner of a vessel of the United States, plicable from July 1, 1997, until July 1, including a party or charter vessel, 2002.) must obtain a permit issued under this (A) Eligibility. A vessel is eligible for part to fish for or retain scup for sale, a moratorium permit to fish for and re- barter or trade, in or from the EEZ tain Illex squid in excess of the inciden- north of 35°15.3′ N. lat. Any vessel, tal catch allowance specified in para- other than a party or charter boat, graph (a)(5)(iii) of this section, if it that observes the possession limit re- meets any of the following criteria: strictions established pursuant to, and (1) The vessel landed and sold 5,000 lb the prohibition on sale specified in, (2.27 mt) or more of Illex squid on at § 648.125 is exempt from the permit re- least 5 separate trips between August quirement. 13, 1981, and August 13, 1993; or (i) Moratorium permit—(A) Eligibility. (2) The vessel is replacing such a ves- A vessel is eligible for a moratorium sel and meets the requirements of para- permit to fish for and retain scup for graph (a)(3)(i)(C) of this section; or sale if it meets any of the following (3) The vessel was under construction criteria: for, or was being rerigged for, use in (1) The vessel landed and sold scup the directed fishery for Illex squid on between January 26, 1988, and January August 13, 1993, and the vessel landed 26, 1993; or and sold 5,000 lb (2.27 mt) or more of (2) The vessel is replacing such a ves- Illex squid on at least 5 separate trips sel and meets the requirements of para- prior to December 31, 1994. graph (a)(3)(i)(C) of this section. (B) Application/renewal restrictions. No (3) The vessel was under construction one may apply for an initial Illex squid for, or was being rerigged for, use in moratorium permit for a vessel after: the directed fishery for scup on Janu- (1) June 26, 1998; or ary 26, 1993, provided the vessel landed (2) The owner retires the vessel from scup for sale by January 26, 1994. the fishery. (B) ( ) (C) Replacement vessels. See paragraph Application/renewal restrictions. 1 (a)(3)(i)(C) of this section. No one may apply for an initial scup moratorium permit after September 23, (D) Appeal of denial of permit. See paragraph (a)(3)(i)(D) of this section. 1997. (iii) Squid/butterfish incidental catch (2) No one may apply for a scup mor- permit. Any vessel of the United States atorium permit after the owner retires may obtain a permit to fish for or re- the vessel from the fishery. tain up to 2,500 lb (1.13 mt) of Loligo (C) Replacement vessels. See paragraph squid or butterfish, or up to 5,000 lb (a)(3)(i)(C) of this section. (2.27 mt) of Illex squid, as an incidental (D) Appeal of denial of permit. (1) Any catch in another directed fishery. The applicant denied a scup moratorium incidental catch allowance may be re- permit may appeal to the Regional Ad- vised by the Regional Administrator ministrator within 30 days of the no- based upon a recommendation by the tice of denial. Any such appeal shall be Council following the procedure set in writing. The only ground for appeal forth in § 648.21. is that the Regional Administrator (iv) Atlantic mackerel permit. Any ves- erred in concluding that the vessel did sel of the United States may obtain a not meet the criteria in paragraph permit to fish for or retain Atlantic (a)(6)(i)(A)(1) of this section. The ap- mackerel in or from the EEZ. peal shall set forth the basis for the ap- (v) Party and charter boat permits. The plicant’s belief that the Regional Ad- owner of any party or charter boat ministrator’s decision was made in must obtain a permit to fish for or re- error. tain in or from the EEZ mackerel, (2) The appeal may be presented, at squid, or butterfish while carrying pas- the option of the applicant, at a hear- sengers for hire. ing before an officer appointed by the (6) Scup vessels. Beginning on January Regional Administrator. 1, 1997, and subject to the eligibility re- (3) The hearing officer shall make a quirements specified in paragraphs recommendation to the Regional Ad- (a)(6)(i) and (a)(6)(ii) of this section, the ministrator.
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(4) The decision on the appeal by the the contrary, no more than one vessel Regional Administrator is the final de- may qualify at any one time for a cision of the Department of Commerce. black sea bass moratorium permit (ii) Party and charter boat permit. Any based on that or another vessel’s fish- party or charter boat is eligible for a ing and permit history. If more than permit to fish for scup, other than a one vessel owner claims eligibility for scup moratorium permit, if it is carry- a black sea bass moratorium permit ing passengers for hire. Such vessel based on one vessel’s fishing and per- must observe the possession limits es- mit history, the Regional Adminis- tablished pursuant to, and the prohibi- trator will determine who is entitled to tions on sale specified in, § 648.125. qualify for the permit according to (7) Black sea bass vessels. Beginning paragraph (a)(7)(i)(D) of this section. June 1, 1997, any vessel of the United (D) Change in ownership. The fishing States that fishes for or retains black and permit history of a vessel is pre- sea bass in or from the EEZ north of sumed to transfer with the vessel 35°15.3′ N. lat., the latitude of Cape Hat- whenever it is bought, sold, or other- teras Light, NC, must have been issued wise transferred, unless there is a writ- and carry on board a valid black sea ten agreement, signed by the trans- bass moratorium permit, except for feror/seller and transferee/buyer, or vessels other than party or charter ves- other credible written evidence, verify- sels that observe the possession limit ing that the transferor/seller is retain- established pursuant to § 648.145. ing the vessel’s fishing and permit his- (i) Moratorium permits—(A) Eligibility. tory for purposes of replacing the ves- A vessel is eligible to receive a permit sel. If the fishing and permit history of to fish for and retain black sea bass in the vessel is transferred, the trans- excess of the possession limit estab- feree/buyer must comply with the re- lished pursuant to § 648.145 in the EEZ ° ′ quirements of paragraph (h) of this sec- north of 35 15.3 N. lat., the latitude of tion for the continuation of a morato- Cape Hatteras Light, NC, if it meets rium permit for his or her benefit. any of the following criteria: (E) Replacement vessels. To be eligible (1) The vessel landed and sold black for a moratorium permit under this sea bass in the management unit be- tween January 26, 1988, and January 26, section, the replacement vessel must 1993; or be of substantially similar harvesting (2) The vessel was under construction capacity as the vessel that initially for, or was being rerigged for, use in qualified for the moratorium permit, the directed fishery for black sea bass and both vessels must be owned by the on January 26, 1993, provided the vessel same person. Vessel permits issued to landed black sea bass in the manage- vessels that leave the fishery may not ment unit for sale prior to January 26, be combined to create larger replace- 1994. ment vessels. (3) The vessel is replacing a vessel of (F) Appeal of denial of permit. (1) Any substantially similar harvesting capac- applicant denied a moratorium permit ity that qualifies under the criteria in may appeal to the Regional Adminis- paragraphs (a)(7)(i)(A) (1) or (2) of this trator within 30 days of the notice of section, and both the entering and re- denial. Any such appeal shall be in placed vessels are owned by the same writing. The only ground for appeal is person. Vessel permits issued to vessels that the Regional Administrator erred that leave the fishery may not be com- in concluding that the vessel did not bined to create larger replacement ves- meet the criteria in paragraph sels. (a)(7)(i)(A) (1) or (2) of this section. The (B) Application/renewal restrictions. No appeal shall set forth the basis for the one may apply for an initial black sea applicant’s belief that the Regional Ad- bass moratorium permit after: ministrator’s decision was made in (1) December 15, 1997; or error. (2) The owner retires the vessel from (2) The appeal may be presented, at the fishery. the option of the applicant, at a hear- (C) Qualification restriction. Unless the ing before an officer appointed by the Regional Administrator determines to Regional Administrator.
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(3) The hearing officer shall make a quota available. Owners or operators recommendation to the Regional Ad- fishing for surf clams and ocean qua- ministrator. hogs within waters under the jurisdic- (4 ) The decision on the appeal by the tion of any state that requires cage Regional Administrator is the final de- tags are not subject to any conflicting cision of the Department of Commerce. Federal minimum size or tagging re- (ii) Party and charter boat permit. The quirements. If a surf clam and ocean owner of any party or charter boat quahog requirement of this part differs must obtain a permit to fish for or re- from a surf clam and ocean quahog tain black sea bass in or from U.S. wa- management measure required by a ters of the western Atlantic Ocean state that does not require cage tag- from 35°15.3′ N. lat., the latitude of ging, any vessel owners or operators Cape Hatteras Light, NC, northward to permitted to fish in the EEZ for surf the U.S.-Canada border, while carrying clams and ocean quahogs must comply passengers for hire. with the more restrictive requirement (8) Atlantic bluefish individual permits. while fishing in state waters. However, Any person selling bluefish harvested surrender of a surf clam and ocean qua- in the EEZ must have either a valid hog vessel permit by the owner by cer- permit issued under this part or a valid tified mail addressed to the Regional State of landing permit to sell bluefish. Administrator allows an individual to (b) Permit conditions. Any person who comply with the less restrictive state applies for a fishing permit under this minimum size requirement, as long as section must agree as a condition of fishing is conducted exclusively within the permit that the vessel and the ves- state waters. If the commercial black sel’s fishing activity, catch, and perti- sea bass quota for a period is harvested nent gear (without regard to whether and the coast is closed to the posses- such fishing occurs in the EEZ or land- sion of black sea bass north of 35°15.3′ ward of the EEZ, and without regard to N. lat., any vessel owners that hold where such fish or gear are possessed, valid commercial permits for both the taken or landed), are subject to all re- black sea bass and the NMFS South- quirements of this part, unless exempt- east Region Snapper-Grouper fisheries ed from such requirements under this may surrender their moratorium Black part. All such fishing activities, catch, Sea Bass permit by certified mail ad- and gear will remain subject to all ap- dressed to the Regional Administrator plicable state requirements. Except as and fish pursuant to their Snapper- otherwise provided in this part, if a re- Grouper permit, as long as fishing is quirement of this part and a manage- conducted exclusively in waters, and ment measure required by a state or landings are made, south of 35°15.3′ N. local law differ, any vessel owner per- lat. A moratorium permit for the black mitted to fish in the EEZ for any spe- sea bass fishery that is voluntarily re- cies managed under this part must linquished or surrendered will be re- comply with the more restrictive re- issued upon the receipt of the vessel quirement. Owners and operators of owner’s written request after a mini- vessels fishing under the terms of a mum period of 6 months from the date summer flounder moratorium, scup of cancellation. moratorium, or black sea bass morato- (c) Permit applications—(1) General. rium permit must also agree not to Applicants for a permit under this sec- land summer flounder, scup, or black tion must submit a completed applica- sea bass, respectively, in any state tion on an appropriate form obtained after NMFS has published a notifica- from the Regional Administrator. The tion in the FEDERAL REGISTER stating application must be signed and submit- that the commercial quota for that ted to the Regional Administrator at state or period has been harvested and least 30 days before the date on which that no commercial quota is available the applicant desires to have the per- for the respective species. A state not mit made effective. The Regional Ad- receiving an allocation of summer ministrator will notify the applicant of flounder, scup, or black sea bass, either any deficiency in the application pur- directly or through a coastwide alloca- suant to this section. Vessel owners tion, is deemed to have no commercial who are eligible to apply for limited
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access or moratorium permits under (A) If the engine horsepower was this part shall provide information changed or a contract to change the with the application sufficient for the engine horsepower had been entered Regional Administrator to determine into prior to July 1, 1996, such that it whether the vessel meets the applica- is different from that stated in the ves- ble eligibility requirements specified in sel’s most recent application for a Fed- this section. eral fisheries permit before July 1, 1996, (2) Vessel permit information require- sufficient documentation to ascertain ments. (i) With the exception of Atlan- the different engine horsepower. How- tic bluefish permits, the requirements ever, the engine replacement must be for which are described in paragraph completed within 1 year of the date on (c)(3) of this section, an application for which the contract was signed. a permit issued under this section, in (B) If the length, GRT, or NT was addition to the information specified in changed or a contract to change the paragraph (c)(1) of this section, also length, GRT, or NT had been entered must contain at least the following in- into prior to July 1, 1996, such that it formation, and any other information is different from that stated in the ves- required by the Regional Adminis- sel’s most recent application for a Fed- trator: Vessel name, owner name or eral fisheries permit, sufficient docu- name of the owner’s authorized rep- mentation to ascertain the different resentative, mailing address, and tele- length, GRT, or NT. However, the up- phone number; USCG documentation grade must be completed within 1 year number and a copy of the vessel’s cur- from the date on which the contract rent USCG documentation or, for a ves- was signed. sel not required to be documented (iii) An application for a limited ac- under title 46 U.S.C., the vessel’s state cess multispecies permit must also registration number and a copy of the contain the following information: current state registration; a copy of the vessel’s current party/charter boat (A) If applying for a limited access license (if applicable), home port and multispecies Combination Vessel per- principal port of landing, length over- mit or Individual DAS category per- all, GRT, NT, engine horsepower, year mit, or if opting to use a VTS, a copy the vessel was built, type of construc- of the vendor installation receipt from tion, type of propulsion, approximate a NMFS-approved VTS vendor as de- fish hold capacity, type of fishing gear scribed in § 648.9. used by the vessel, number of crew, (B) For vessels fishing for NE multi- number of party or charter passengers species with gillnet gear, with the ex- licensed to be carried (if applicable), ception of vessels under the Small Ves- permit category, if the owner is a cor- sel permit category, an annual declara- poration, a copy of the current Certifi- tion as either a Day or Trip gillnet ves- cate of Incorporation or other cor- sel designation as described in porate papers showing the date of in- § 648.82(k). Vessel owners electing a Day corporation and the names of the cur- gillnet designation must indicate the rent officers of the corporation, and number of gillnet tags that they are re- the names and addresses of all share- questing and must include a check for holders owning 25 percent or more of the cost of the tags. A permit holder the corporation’s shares; if the owner letter will be sent to all eligible gillnet is a partnership, a copy of the current vessels informing them of the costs as- Partnership Agreement and the names sociated with this tagging requirement and addresses of all partners; if there is and directions for obtaining tags. Once more than one owner, the names of all a vessel owner has elected this designa- owners having a 25-percent interest or tion, he/she may not change the des- more; and permit number of any cur- ignation or fish under the other gillnet rent or, if expired, previous Federal category for the remainder of the fish- fishery permit issued to the vessel. ing year. Incomplete applications, as (ii) An application for an initial lim- described in paragraph (e) of this sec- ited access multispecies hook-gear per- tion, will be considered incomplete for mit must also contain the following in- the purpose of obtaining authorization formation: to fish in the NE multispecies gillnet
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fishery and will be processed without a mercial instrument shall render any gillnet authorization. permit issued on the basis thereof null (iv) An application for a limited ac- and void. cess scallop permit must also contain (e) Issuance. (1) Except as provided in the following information: subpart D of 15 CFR part 904, the Re- (A) For every person named by appli- gional Administrator shall issue a per- cants for limited access scallop permits mit within 30 days of receipt of the ap- pursuant to paragraph (c)(2)(i) of this plication, unless the application is section, the names of all other vessels deemed incomplete for the following in which that person has an ownership reasons: interest and for which a limited access (i) The applicant has failed to submit scallop permit has been issued or ap- a complete application. An application plied for. is complete when all requested forms, (B) If applying for full-time or part- information, documentation, and fees, time limited access scallop permit, or if applicable, have been received and if opting to use a VTS unit, though not the applicant has submitted all appli- required, a copy of the vendor installa- cable reports specified in § 648.7; tion receipt from a NMFS-approved (ii) The application was not received VTS vendor as described in § 648.9. by the Regional Administrator by the (C) If applying to fish under the small applicable deadline set forth in this dredge program set forth under section; § 648.51(e), an annual declaration into (iii) The applicant and applicant’s the program. vessel failed to meet all applicable eli- (v) An application for a surf clam and gibility requirements set forth in this ocean quahog permit must also contain section; the pump horsepower. (iv) The applicant applying for a lim- (3) Atlantic bluefish individual commer- ited access multispecies combination cial permit information requirements. In vessel or individual DAS permit, a full- addition to the information specified in time or part-time limited access scal- paragraph (c)(1) of this section, an ap- lop permit, or electing to use a VTS, plication for an Atlantic bluefish indi- has failed to meet all of the VTS re- vidual commercial permit also must quirements specified in §§ 648.9 and contain at least the following informa- 648.10; or tion, and any other information re- (v) The applicant has failed to meet quired by the Regional Administrator: any other application requirements The applicant’s name; mailing address; stated in this part. telephone number; height; weight; hair (2) Incomplete applications. Upon re- color; and eye color; if the applicant ceipt of an incomplete or improperly represents a corporation, a copy of the executed application for any permit current Certificate of Incorporation; under this part, the Regional Adminis- and percentage of annual income de- trator shall notify the applicant of the rived from the sale of bluefish. deficiency in the application. If the ap- (d) Fees. The Regional Administrator plicant fails to correct the deficiency may charge a fee to recover adminis- within 30 days following the date of no- trative expenses of issuing a permit re- tification, the application will be con- quired under this section. The amount sidered abandoned. of the fee is calculated in accordance (f) Change in permit information. Any with the procedures of the NOAA Fi- change in the information specified in nance Handbook, available from the paragraphs (c)(2) or (c)(3) of this sec- Regional Administrator, for determin- tion must be submitted by the appli- ing administrative costs of each special cant in writing to the Regional Admin- product or service. The fee may not ex- istrator within 15 days of the change, ceed such costs and is specified with or the permit is void. each application form. The appropriate (g) Expiration. A permit expires upon fee must accompany each application; the renewal date specified in the per- if it does not, the application will be mit. considered incomplete for purposes of (h) Duration. A permit will continue paragraph (e) of this section. Any fee in effect unless it is revoked, sus- paid by an insufficiently funded com- pended, or modified under 15 CFR part
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904, or otherwise expires, or ownership excess of 40 lb (18.1 kg), NE multispe- changes, or the applicant has failed to cies, and, as of January 1, 1997, mack- report any change in the information erel, squid, or butterfish, or scup, and, on the permit application to the Re- as of June 1, 1997, black sea bass, har- gional Administrator as specified in vested in or from the EEZ, or issued a paragraph (f) of this section. However, permit for these species under this the Regional Administrator may au- part, must have been issued under this thorize the continuation of a permit if section, and carry on board, a valid op- the new owner so requests. Applica- erator’s permit. An operator permit is- tions for permit continuations must be sued pursuant to part 649 of this chap- addressed to the Regional Adminis- ter satisfies the permitting require- trator. ment of this section. This requirement (i) Alteration. Any permit that has does not apply to operators of rec- been altered, erased, or mutilated is in- reational vessels. valid. (b) Operator permit application. Appli- (j) Reissuance. A permit may be re- cants for a permit under this section issued by the Regional Administrator must submit a completed application when requested in writing, stating the on an appropriate form provided by the need for reissuance, the name of the Regional Administrator. The applica- vessel (if applicable), and the fishing tion must be signed by the applicant permit number assigned. An applica- and submitted to the Regional Admin- tion for the reissuance of a permit will istrator at least 30 days before the date not be considered a new application. upon which the applicant desires to The fee for a reissued permit shall be have the permit made effective. The the same as for an initial permit. Regional Administrator will notify the (k) Transfer. A permit issued under applicant of any deficiency in the ap- this part is not transferable or assign- plication, pursuant to this section. able. A permit will be valid only for the (c) Condition. Vessel operators who fishing vessel, owner and/or person for apply for an operator’s permit under which it is issued. this section must agree as a condition (l) Display. A vessel permit must be of this permit that the operator and carried, at all times, on board the ves- vessel’s fishing, catch, crew size, and sel for which it is issued and shall be pertinent gear (without regard to subject to inspection upon request by whether such fishing occurs in the EEZ any authorized officer. A person issued or landward of the EEZ, and without a permit under this section must be regard to where such fish or gear are able to present the permit for inspec- possessed, taken, or landed) are subject tion when requested by an authorized to all requirements of this part while officer. Permits must be maintained in fishing in the EEZ or on board a vessel legible condition. for which a permit is issued under (m) Sanctions. The Assistant Admin- § 648.4, unless exempted from such re- istrator may suspend, revoke, or mod- quirements under § 648.12. The vessel ify, any permit issued or sought under and all such fishing, catch, and gear this section. Procedures governing en- will remain subject to all applicable forcement-related permit sanctions or state or local requirements. Further, denials are found at subpart D of 15 such operators must agree, as a condi- CFR part 904. tion of this permit, that, if the permit is suspended or revoked pursuant to 15 [61 FR 34968, July 3, 1996, as amended at 61 CFR part 904, the operator cannot be FR 39910, July 31, 1996; 61 FR 43424, Aug. 23, 1996; 61 FR 49277, Sept. 19, 1996; 61 FR 56126, aboard any fishing vessel issued a Fed- Oct. 31, 1996; 61 FR 58464, Nov. 15, 1996; 62 FR eral fisheries permit or any vessel sub- 13299, Mar. 20, 1997; 62 FR 14646, Mar. 27, 1997; ject to Federal fishing regulations 62 FR 15386, Apr. 1, 1997; 62 FR 27984, May 22, while the vessel is at sea or engaged in 1997; 62 FR 28642, May 27, 1997; 62 FR 51381, offloading. If a requirement of this part Oct. 1, 1997] and a management measure required by state or local law differ, any opera- § 648.5 Operator permits. tor issued a permit under this part (a) General. Any operator of a vessel must comply with the more restrictive fishing for or possessing sea scallops in requirement.
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(d) Information requirements. An appli- the change in information. If written cant must provide at least all the fol- notice of the change in information is lowing information and any other in- not received by the Regional Adminis- formation required by the Regional Ad- trator within 15 days, the permit is ministrator: Name, mailing address, void. and telephone number; date of birth; (l) Alteration. Same as § 648.4(i). hair color; eye color; height; weight; (m) Display. Any permit issued under social security number (optional); and this part must be maintained in legible signature of the applicant. The appli- condition and displayed for inspection cant must also provide two recent (no upon request by any authorized officer more than 1 year old), color, passport- or NMFS official. size photographs. (n) Sanctions. Vessel operators with (e) Fees. Same as § 648.4(d). suspended or revoked permits may not (f) Issuance. Except as provided in be aboard a federally permitted fishing subpart D of 15 CFR part 904, the Re- vessel in any capacity while the vessel gional Administrator shall issue an op- is at sea or engaged in offloading. Pro- erator’s permit within 30 days of re- cedures governing enforcement related ceipt of a completed application, if the permit sanctions and denials are found criteria specified herein are met. Upon at subpart D of 15 CFR part 904. receipt of an incomplete or improperly (o) Vessel owner responsibility. Vessel executed application, the Regional Ad- owners are responsible for ensuring ministrator will notify the applicant of that their vessels are operated by an the deficiency in the application. If the individual with a valid operator’s per- applicant fails to correct the deficiency mit issued under this section. within 30 days following the date of no- tification, the application will be con- [61 FR 34968, July 3, 1996, as amended at 61 sidered abandoned. FR 43425, Aug. 23, 1996; 61 FR 58465, Nov. 15, (g) Expiration. Same as § 648.4(g). 1996] (h) Duration. A permit is valid until § 648.6 Dealer/processor permits. it is revoked, suspended or modified under 15 CFR part 904, or otherwise ex- (a) General. All NE multispecies, sea pires, or the applicant has failed to re- scallop, summer flounder, surf clam port a change in the information on and ocean quahog dealers, and surf the permit application to the Regional clam and ocean quahog processors Administrator as specified in para- must have been issued under this sec- graph (k) of this section. tion, and have in their possession, a (i) Reissuance. Reissued permits, for valid permit for these species. As of otherwise valid permits, may be issued January 1, 1997, all mackerel, squid, by the Regional Administrator when and butterfish dealers and all scup requested in writing by the applicant, dealers, and, as of June 1, 1997, all stating the need for reissuance and the black sea bass dealers must have been Federal operator permit number as- issued under this section, and have in signed. An applicant for a reissued per- their possession, a valid permit for mit must also provide two recent, these species. color, passport-size photos of the appli- (b) Dealer/processor permit applications. cant. An application for a reissued per- Same as § 648.5(b). mit will not be considered a new appli- (c) Information requirements. Applica- cation. An appropriate fee may be tions must contain at least the follow- charged. ing information, and any other infor- (j) Transfer. Permits issued under this mation required by the Regional Ad- part are not transferable or assignable. ministrator: Company name, place(s) A permit is valid only for the person to of business (principal place of business whom it is issued. if applying for a surf clam and ocean (k) Change in permit application infor- quahog permit), mailing address(es) mation. Notice of a change in the per- and telephone number(s), owner’s mit holder’s name, address, or tele- name, dealer permit number (if a re- phone number must be submitted in newal), name and signature of the per- writing to, and received by, the Re- son responsible for the truth and accu- gional Administrator within 15 days of racy of the application, a copy of the
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certificate of incorporation if the busi- required by state law, any dealer issued ness is a corporation, and a copy of the a Federal dealer permit must comply Partnership Agreement and the names with the more restrictive requirement. and addresses of all partners if the (n) Sanctions. Same as § 648.4(m). business is a partnership. [61 FR 34968, July 3, 1996, as amended at 61 (d) Fees. Same as § 648.4(d). FR 43425, Aug. 23, 1996; 61 FR 58465, Nov. 15, (e) Issuance. Except as provided in 1996] subpart D of 15 CFR part 904, the Re- gional Administrator will issue a per- § 648.7 Recordkeeping and reporting mit at any time during the fishing year requirements. to an applicant, unless the applicant (a) Dealers—(1) Weekly report. Feder- fails to submit a completed applica- ally-permitted dealers must send by tion. An application is complete when mail to the Regional Administrator, or all requested forms, information, and official designee, on a weekly basis on documentation have been received and forms supplied by or approved by the the applicant has submitted all appli- Regional Administrator, a report of cable reports specified in § 648.7 during fish purchases, except that surf clam the 12 months immediately preceding and ocean quahog dealers or processors the application. Upon receipt of an in- are required only to report surf clam complete or improperly executed appli- and ocean quahog purchases. If author- cation, the Regional Administrator ized in writing by the Regional Admin- will notify the applicant of the defi- istrator, dealers may submit reports ciency in the application. If the appli- electronically or through other media. cant fails to correct the deficiency The following information, and any within 30 days following the date of no- other information required by the Re- tification, the application will be con- gional Administrator, must be provided sidered abandoned. in the report: (f) Expiration. Same as § 648.4(g). (i) Summer flounder, scallop, NE (g) Duration. A permit is valid until multispecies, and, as of January 1, 1997, it is revoked, suspended, or modified mackerel, squid or butterfish, and scup under 15 CFR part 904, or otherwise ex- dealers, and, as of June 1, 1997, black pires, or ownership changes, or the ap- sea bass dealers, must provide: Name plicant has failed to report any change and mailing address of dealer, dealer in the information on the permit appli- number, name and permit number of cation to the Regional Administrator the vessels from which fish are landed as required by paragraph (j) of this sec- or received, dates of purchases, pounds tion. by species, price by species, and port (h) Reissuance. Reissued permits, for landed. If no fish are purchased during otherwise valid permits, may be issued the week, a report so stating must be by the Regional Administrator when submitted. All report forms must be requested in writing by the applicant, signed by the dealer or other author- stating the need for reissuance and the ized individual. Federal dealer permit number as- (ii) Surf clam and ocean quahog proc- signed. An application for a reissued essors and dealers must provide: Date permit will not be considered a new ap- of purchase or receipt; name, permit plication. An appropriate fee may be number and mailing address; number of charged. bushels by species; cage tag numbers; (i) Transfer. Permits issued under this allocation permit number; vessel name part are not transferable or assignable. and permit number; price per bushel by A permit is valid only for the person to species. Dealers must also report dis- whom, or other business entity to position of surf clams or ocean qua- which, it is issued. hogs, including name and permit num- (j) Change in application information. ber of recipients. Processors must also Same as § 648.5(k). report size distribution and meat yield (k) Alteration. Same as § 648.4(i). per bushel by species. (l) Display. Same as § 648.5(m). (2) Annual report. All persons required (m) Federal versus state requirements. to submit reports under paragraph If a requirement of this part differs (a)(1) of this section are required to from a fisheries management measure submit the following information on an
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annual basis, on forms supplied by the gional Administrator, must be pro- Regional Administrator: vided: Vessel name; USCG documenta- (i) Summer flounder, scallop, NE tion number (or state registration multispecies, and, as of January 1, 1997, number, if undocumented); permit mackerel, squid, or butterfish and number; date/time sailed; date/time scup, and, as of June 1, 1997, black sea landed; trip type; number of crew; bass dealers must complete the ‘‘Em- number of anglers (if a charter or party ployment Data’’ section of the Annual boat); gear fished; quantity and size of Processed Products Reports; comple- gear; mesh/ring size; chart area fished; tion of the other sections of that form average depth; latitude/longitude (or is voluntary. Reports must be submit- loran station and bearings); total hauls ted to the address supplied by the Re- per area fished; average tow time dura- gional Administrator. tion; pounds, by species, of all species (ii) Surf clam and ocean quahog proc- landed or discarded; dealer permit essors and dealers must provide the av- number; dealer name; date sold; port erage number of processing plant em- and state landed; and vessel operator’s ployees during each month of the year name, signature, and operator permit just ended; average number of employ- number (if applicable). ees engaged in production of processed (ii) Surf clam and ocean quahog vessel surf clam and ocean quahog products, owners and operators. The owner or op- by species, during each month of the erator of any vessel conducting any year just ended; plant capacity to proc- surf clam and ocean quahog fishing op- ess surf clam and ocean quahog erations, except those conducted exclu- shellstock, or to process surf clam and sively in waters of a state that requires ocean quahog meats into finished prod- ucts, by species; an estimate, for the cage tags or when he/she has surren- next year, of such processing capac- dered the surf clam and ocean quahog ities; and total payroll for surf clam fishing vessel permit, shall maintain, and ocean quahog processing, by on board the vessel, an accurate daily month. If the plant processing capac- fishing log for each fishing trip, on ities described in this paragraph forms supplied by the Regional Admin- (a)(2)(ii) change more than 10 percent istrator, showing at least: Name and during any year, the processor shall permit number of the vessel, total promptly notify the Regional Adminis- amount in bushels of each species trator. taken, date(s) caught, time at sea, du- (b) Vessel owners—(1) Fishing Vessel ration of fishing time, locality fished, Log Reports—(i) Owners of vessels issued crew size, crew share by percentage, a moratorium permit for summer flounder, landing port, date sold, price per bush- mackerel, squid, or butterfish, scup or el, buyer, tag numbers from cages used, black sea bass, or a permit for sea scallop quantity of surf clams and ocean qua- or multispecies. The owner or operator hogs discarded, and allocation permit of any vessel issued a moratorium per- number. mit for summer flounder, or, as of Jan- (iii) Owners of party and charter boats. uary 1, 1997, mackerel, squid, or The owner of any party or charter boat butterfish, or scup, or as of June 1, issued a summer flounder or scup per- 1997, black sea bass, or a permit for sea mit other than a moratorium permit scallops, or NE multispecies, must and carrying passengers for hire shall maintain on board the vessel, and sub- maintain on board the vessel, and sub- mit, an accurate daily fishing log re- mit, an accurate daily fishing log re- port for all fishing trips, regardless of port for each charter or party fishing species fished for or taken, on forms trip that lands summer flounder or supplied by or approved by the Re- scup, unless such a vessel is also issued gional Administrator. If authorized in a moratorium permit for summer writing by the Regional Administrator, flounder, a permit for sea scallop, or vessel owners or operators may submit NE multispecies, or, as of January 1, reports electronically, for example by 1997, a permit for mackerel, squid or using a VTS or other media. At least butterfish, or a moratorium permit for the following information, and any scup, or, as of June 1, 1997, a permit for other information required by the Re- black sea bass, in which case a fishing
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log report is required for each trip re- were based, must be retained and be gardless of species retained. If author- available for review for 1 year after the ized in writing by the Regional Admin- date of the last entry on the report. istrator, vessel owners may submit re- Copies of fishing log reports must be ports electronically, for example, by retained and available for review for 1 using a VTS or other media. At least year after the date of the last entry on the following information, and any the log. Dealers must retain required other information required by the Re- reports and records at their principal gional Administrator, must be pro- place of business. vided: Vessel name; USGC documenta- (f) Submitting reports—(1) Dealer or tion number (or state registration processor reports. Weekly dealer or proc- number, if undocumented); permit essor reports must be received or post- number; date/time sailed; date/time marked, if mailed, within 3 days after landed; trip type; number of crew; the end of each reporting week. Each number of anglers; gear fished; quan- dealer will be sent forms and instruc- tity and size of gear; chart area fished; tions, including the address to which to average depth; latitude/longitude (or submit reports, shortly after receipt of loran station and bearings); average a dealer permit. If no fish or fish prod- tow time duration; count, by species, of uct was purchased during a week, a re- all species landed or discarded; port port so stating must be submitted. An- and state landed; and vessel operator’s nual reports for a calendar year must name, signature, and operator permit be submitted to NMFS Statistics, and number (if applicable). must be postmarked by February 10 of (c) When to fill out a log report. Log re- the following year. Contact the Re- ports required by paragraph (b)(1)(i) of gional Administrator for the address of this section must be filled out, except NMFS Statistics. for information required but not yet (2) Fishing vessel log reports. Fishing ascertainable, before offloading or log reports must be received or post- landing has begun. All information marked, if mailed, within 15 days after must be filled out before starting the the end of the reporting month. Each next fishing trip. Log reports required owner will be sent forms and instruc- by paragraph (b)(1)(ii) of this section tions, including the address to which must be filled out before landing any reports are to be submitted, shortly surf clams or ocean quahogs. Log re- after receipt of a Federal fisheries per- ports required by paragraph (b)(1)(iii) mit. If no fishing trip is made during a of this section must be filled out, ex- month, a report stating so must be sub- cept for information required but not mitted. yet ascertainable, before offloading or (3) At-sea purchasers, receivers, or proc- landing has begun. All information re- essors. All persons purchasing, receiv- quired in paragraph (b)(1)(iii) of this ing, or processing any summer floun- section must be filled out for each fish- der, or, as of January 1, 1997, mackerel, ing trip by the end of each fishing trip. squid, or butterfish, or scup, or, as of (d) Inspection. All persons required to June 1, 1997, black sea bass at sea for submit reports under this section, upon landing at any port of the United the request of an authorized officer, or States must submit information iden- by an employee of NMFS designated by tical to that required by paragraph the Regional Administrator to make (a)(1) or (a)(2) of this section, as appli- such inspections, must make imme- cable, and provide those reports to the diately available for inspection copies Regional Administrator or designee on of the required reports that have been the same frequency basis. submitted, or should have been submit- [61 FR 34968, July 3, 1996, as amended at 61 ted, and the records upon which the re- FR 43425, Aug. 23, 1996; 61 FR 58465, Nov. 15, ports were based. At any time during 1996; 62 FR 14646, Mar. 27, 1997] or after a trip, owners and operators must make immediately available for § 648.8 Vessel identification. inspection the fishing log reports cur- (a) Vessel name and official number. rently in use, or to be submitted. Each fishing vessel subject to this part (e) Record retention. Copies of reports, and over 25 ft (7.6 m) in registered and records upon which the reports length must:
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(1) Affix permanently its name on the section. Any changes to the perform- port and starboard sides of the bow ance criteria will be published annu- and, if possible, on its stern. ally in the FEDERAL REGISTER and a (2) Display its official number on the list of approved VTSs will be published port and starboard sides of the deck- in the FEDERAL REGISTER upon addi- house or hull, and on an appropriate tion or deletion of a VTS from the list. weather deck so as to be clearly visible In the event that a VTS is deleted from from enforcement vessels and aircraft. the list, vessel owners that purchased a The official number is the USCG docu- VTS unit that is part of that VTS prior mentation number or the vessel’s state to publication of the revised list will be registration number for vessels not re- considered to be in compliance with quired to be documented under title 46 the requirement to have an approved U.S.C. unit, unless otherwise notified by the (b) Numerals. Except as provided in Regional Administrator. paragraph (d) of this section, the offi- (b) Minimum VTS performance criteria. cial number must be displayed in block The basic required features of the VTS arabic numerals in contrasting color at are as follows: least 18 inches (45.7 cm) in height for (1) The VTS shall be tamper proof, fishing vessels over 65 ft (19.8 m) in reg- i.e., shall not permit the input of false istered length, and at least 10 inches positions; furthermore, if a system uses (25.4 cm) in height for all other vessels satellites to determine position, sat- over 25 ft (7.6 m) in registered length. ellite selection should be automatic to The registered length of a vessel, for provide an optimal fix and should not purposes of this section, is that reg- be capable of being manually over- istered length set forth in USCG or ridden by any person aboard a fishing state records. vessel or by the vessel owner. (c) Duties of owner. The owner of each (2) The VTS shall be fully automatic vessel subject to this part shall ensure and operational at all times, regardless that— of weather and environmental condi- (1) The vessel’s name and official tions. number are kept clearly legible and in (3) The VTS shall be capable of track- good repair. ing vessels in all U.S. waters in the At- (2) No part of the vessel, its rigging, lantic Ocean from the shoreline of each its fishing gear, or any other object ob- coastal state to a line 215 nm offshore structs the view of the official number and shall provide position accuracy to from any enforcement vessel or air- within 400 m (1,300 ft). craft. (4) The VTS shall be capable of trans- (d) Non-permanent marking. Vessels mitting and storing information in- carrying recreational fishing parties on cluding vessel identification, date, a per capita basis or by charter must time, and latitude/longitude. use markings that meet the above re- (5) The VTS shall provide accurate quirements, except for the requirement hourly position transmissions every that they be affixed permanently to day of the year. In addition, the VTS the vessel. The non-permanent mark- shall allow polling of individual vessels ings must be displayed in conformity or any set of vessels at any time and with the above requirements. receive position reports in real time. (e) New Jersey surf clam or ocean qua- For the purposes of this specification, hog vessels. Instead of complying with ‘‘real time’’ shall constitute data that paragraph (a) of this section, surf clam reflect a delay of 15 minutes or less be- or ocean quahog vessels licensed under tween the displayed information and New Jersey law may use the appro- the vessel’s actual position. priate vessel identification markings (6) The VTS shall be capable of pro- established by that state. viding network message communica- tions between the vessel and shore. The § 648.9 VTS requirements. VTS shall allow NMFS to initiate com- (a) Approval. The Regional Adminis- munications or data transfer at any trator will annually approve VTSs that time. meet the minimum performance cri- (7) The VTS vendor shall be capable teria specified in paragraph (b) of this of transmitting position data to a
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NMFS-designated computer system via must submit documentation to the Re- a modem at a minimum speed of 9600 gional Administrator, within 3 days of baud. Transmission shall be in ASCII installation and prior to the vessel’s text in a file format acceptable to next trip, verifying that the new VTS NMFS. unit is an operational, approved system (8) The VTS shall be capable of pro- as described under paragraph (a) of this viding vessel locations relative to section. international boundaries and fishery (f) Access. As a condition to obtaining management areas. a limited access scallop or multispecies (9) The VTS vendor shall be capable permit, all vessel owners must allow of archiving vessel position histories NMFS, the USCG, and their authorized for a minimum of 1 year and providing officers or designees access to the ves- transmission to NMFS of specified por- sel’s DAS and location data obtained tions of archived data in response to from its VTS at the time of or after its NMFS requests and in a variety of transmission to the vendor or receiver, media (tape, floppy, etc.). as the case may be. (c) Operating requirements. All re- (g) Tampering. Tampering with a quired VTS units must transmit a sig- VTS, a VTS unit, or a VTS signal, is nal indicating the vessel’s accurate po- prohibited. Tampering includes any ac- sition at least every hour, 24 hours a tivity that is likely to affect the unit’s day, throughout the year. ability to operate properly, signal, or (d) Presumption. If a VTS unit fails to accuracy of computing the vessel’s po- transmit an hourly signal of a vessel’s sition fix. position, the vessel shall be deemed to have incurred a DAS, or fraction there- [61 FR 34968, July 3, 1996, as amended at 62 of, for as long as the unit fails to trans- FR 14646, Mar. 27, 1997] mit a signal, unless a preponderance of evidence shows that the failure to § 648.10 DAS notification require- transmit was due to an unavoidable ments. malfunction or disruption of the trans- (a) VTS Demarcation Line. The VTS mission that occurred while the vessel Demarcation Line is defined by was declared out of the scallop fishery straight lines connecting the following or NE multispecies fishery, as applica- coordinates in the order stated (a copy ble, or was not at sea. of a map showing the line is available (e) Replacement. Should a VTS unit from the Regional Administrator upon require replacement, a vessel owner request):
VTS DEMARCATION LINE
Description N. Lat. W. Long.
1. Northern terminus point (Canada landmass) ...... 45°03′ 66°47′ 2. A point east of West Quoddy Head Light ...... 44°48.9′ 66°56.1′ 3. A point east of Little River Light ...... 44°39.0′ 67°10.5′ 4. Whistle Buoy ``8BI'' (SSE of Baker Island) ...... 44°13.6′ 68°10.8′ 5. Isle au Haut Light ...... 44°03.9′ 68°39.1′ 6. Pemaquid Point Light ...... 43°50.2′ 69°30.4′ 7. A point west of Halfway Rock ...... 43°38.0′ 70°05.0′ 8. A point east of Cape Neddick Light ...... 43°09.9′ 70°34.5′ 9. Merrimack River Entrance ``MR'' Whistle Buoy ...... 42°48.6′ 70°47.1′ 10. Halibut Point Gong Buoy ``1AHP'' ...... 42°42.0′ 70°37.5′ 11. Connecting reference point ...... 42°40′ 70°30′ 12. Whistle Buoy ``2'' off Eastern Point ...... 42°34.3′ 70°39.8′ 13. The Graves Light (Boston) ...... 42°21.9′ 70°52.2′ 14. Minots Ledge Light ...... 42°16.2′ 70°45.6′ 15. Farnham Rock Lighted Bell Buoy ...... 42°05.6′ 70°36.5′ 16. Cape Cod Canal Bell Buoy ``CC'' ...... 41°48.9′ 70°27.7′ 17. A point inside Cape Cod Bay ...... 41°48.9′ 70°05′ 18. Race Point Lighted Bell Buoy ``RP'' ...... 42°04.9′ 70°16.8′ 19. Peaked Hill Bar Whistle Buoy ``2PH'' ...... 42°07.0′ 70°06.2′ 20. Connecting point, off Nauset Light ...... 41°50′ 69°53′ 21. A point south of Chatham ``C'' Whistle Buoy ...... 41°38′ 69°55.2′ 22. A point in eastern Vineyard Sound ...... 41°30′ 70°33′ 23. A point east of Martha's Vineyard ...... 41°22.2′ 70°24.6′ 24. A point east of Great Pt. Light, Nantucket ...... 41°23.4′ 69°57′ 25. A point SE of Sankaty Head, Nantucket ...... 41°13′ 69°57′
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VTS DEMARCATION LINEÐContinued
Description N. Lat. W. Long.
26. A point west of Nantucket ...... 41°15.6′ 70°25.2′ 27. Squibnocket Lighted Bell Buoy ``1'' ...... 41°15.7′ 70°46.3′ 28. Wilbur Point (on Sconticut Neck) ...... 41°35.2′ 70°51.2′ 29. Mishaum Point (on Smith Neck) ...... 41°31.0′ 70°57.2′ 30. Sakonnet Entrance Lighted Whistle Buoy ``SR'' ...... 41°25.7′ 71°13.4′ 31. Point Judith Lighted Whistle Buoy ``2'' ...... 41°19.3′ 71°28.6′ 32. A point off Block Island Southeast Light ...... 41°08.2′ 71°32.1′ 33. Shinnecock Inlet Lighted Whistle Buoy ``SH'' ...... 40°49.0′ 72°28.6′ 34. Scotland Horn Buoy ``S'', off Sandy Hook (NJ) ...... 40°26.5′ 73°55.0′ 35. Barnegat Lighted Gong Buoy ``2'' ...... 39°45.5′ 73°59.5′ 36. A point east of Atlantic City Light ...... 39°21.9′ 74°22.7′ 37. A point east of Hereford Inlet Light ...... 39°00.4′ 74°46′ 38. A point east of Cape Henlopen Light ...... 38°47′ 75°04′ 39. A point east of Fenwick Island Light ...... 38°27.1′ 75°02′ 40. A point NE of Assateague Island (VA) ...... 38°00′ 75°13′ 41. Wachapreague Inlet Lighted Whistle Buoy ``A'' ...... 37°35.0′ 75°33.7′ 42. A point NE of Cape Henry ...... 36°55.6′ 75°58.5′ 43. A point east of Currituck Beach Light ...... 36°22.6′ 75°48′ 44. Oregon Inlet (NC) Whistle Buoy ...... 35°48.5′ 75°30′ 45. Wimble Shoals, east of Chicamacomico ...... 35°36′ 75°26′ 46. A point SE of Cape Hatteras Light ...... 35°12.5′ 75°30′ 47. Hatteras Inlet Entrance Buoy ``HI'' ...... 35°10′ 75°46′ 48. Ocracoke Inlet Whistle Buoy ``OC'' ...... 35°01.5′ 76°00.5′ 49. A point east of Cape Lookout Light ...... 34°36.5′ 76°30′ 50. Southern terminus point ...... 34°35′ 76°41′
(b) VTS Notification. Multispecies ves- (1) Vessels that have crossed the VTS sels issued an Individual DAS or Com- Demarcation Line specified under para- bination Vessel permit, scallop vessels graph (a) of this section are deemed to issued a full-time or part-time limited be fishing under the DAS program, un- access scallop permit, or scallop ves- less the vessel’s owner, or authorized sels fishing under the small dredge pro- representative declares the vessel out gram specified in § 648.51(e), or vessels of the scallop or NE multispecies fish- issued a limited access multispecies or ery, as applicable, for a specific time scallop permit and whose owners elect period by notifying the Regional Ad- to fish under the VTS notification of ministrator through the VTS prior to this paragraph (b), unless otherwise au- the vessel leaving port. thorized or required by the Regional (2) Part-time scallop vessels may not Administrator under § 648.10(d), must fish in the DAS allocation program un- have installed on board an operational less they declare into the scallop fish- VTS unit that meets the minimum per- ery for a specific time period by notify- formance criteria specified in § 648.9(b) ing the Regional Administrator or as modified in § 648.9(a). Owners of through the VTS. such vessels must provide documenta- tion to the Regional Administrator at (3) Notification that the vessel is not the time of application for a limited under the DAS program must be re- access permit that the vessel has an ceived prior to the vessel leaving port. operational VTS unit that meets those A change in status of a vessel cannot criteria. If a vessel has already been is- be made after the vessel leaves port or sued a limited access permit without before it returns to port on any fishing providing such documentation, the Re- trip. gional Administrator shall allow at (4) DAS for vessels that are under the least 30 days for the vessel to install an VTS notification requirements of this operational VTS unit that meets the paragraph (b) are counted beginning criteria and to provide documentation with the first hourly location signal re- of such installation to the Regional ceived showing that the vessel crossed Administrator. Vessels that are re- the VTS Demarcation Line leaving quired to or have elected to use a VTS port. A trip concludes and accrual of unit shall be subject to the following DAS ends with the first hourly loca- requirements and presumptions: tion signal received showing that the
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vessel crossed the VTS Demarcation (4) The Regional Administrator will Line upon its return to port. furnish a phone number for DAS notifi- (5) If the VTS is not available or not cation call-ins upon request. functional, and if authorized by the Re- (5) Any vessel that possesses or lands gional Administrator, a vessel owner per trip more than 400 lb (181.44 kg) of must provide the notifications required scallops, and any vessel issued a lim- by paragraphs (b)(1), (2), and (3) of this ited access multispecies permit subject section by using the call-in notifica- to the DAS program and call-in re- tion system described under paragraph quirement that possesses or lands regu- (c) of this section, instead of using the lated species, except as provided in VTS system. § 648.89, shall be deemed in the DAS (c) Call-in notification. Owners of ves- program for purposes of counting DAS, sels issued limited access multispecies regardless of whether the vessel’s permits who are participating in a DAS owner or authorized representative program and who are not required to provided adequate notification as re- provide notification using a VTS, own- quired by paragraph (c) of this section. ers of scallop vessels qualifying for a (d) Temporary authorization for use of DAS allocation under the occasional the call-in system. The Regional Admin- category and who have not elected to istrator may authorize or require, on a fish under the VTS notification re- temporary basis, the use of the call-in quirements of paragraph (b) of this sec- system of notification specified in tion, and vessels fishing pending an ap- paragraph (c) of this section. If use of peal as specified in § 648.4(a)(1)(i)(H)(3) the call-in system is authorized or re- are subject to the following require- quired, the Regional Administrator ments: shall notify affected permit holders (1) Prior to the vessel leaving port, through a letter, notification in the the vessel owner or authorized rep- FEDERAL REGISTER, or other appro- resentative must notify the Regional priate means. Administrator that the vessel will be (e) Scallop vessels fishing under exemp- participating in the DAS program by tions. Vessels fishing under the exemp- calling the Regional Administrator and tions provided by § 648.54 (a) and/or providing the following information: (b)(1) must notify the Regional Admin- Owner and caller name and phone num- istrator by VTS notification or by call- ber, vessel’s name and permit number, in notification as follows: type of trip to be taken, port of depar- (1) VTS notification. (i) Notify the Re- ture, and that the vessel is beginning a gional Administrator, via their VTS, trip. A DAS begins once the call has prior to the vessel’s first trip under the been received and a confirmation num- state waters exemption program, that ber is given by the Regional Adminis- the vessel will be fishing exclusively in trator. state waters; and (2) The vessel’s confirmation num- (ii) Notify the Regional Adminis- bers for the current and immediately trator, via their VTS, prior to the ves- prior multispecies fishing trip must be sel’s first planned trip in the EEZ, that maintained on board the vessel and the vessel is to resume fishing under provided to an authorized officer upon the vessel’s DAS allocation. request. (2) Call-in notification. (i) Notify the (3) At the end of a vessel’s trip, upon Regional Administrator by calling the its return to port, the vessel owner or Regional Administrator and providing owner’s representative must call the the following information at least 7 Regional Administrator and notify days prior to fishing under the exemp- him/her that the trip has ended by pro- tion: Owner and caller name and ad- viding the following information: dress, vessel name and permit number, Owner and caller name and phone num- and beginning and ending dates of the ber, vessel name, port of landing and exemption period. permit number, and that the vessel has (ii) Remain under the exemption for ended a trip. A DAS ends when the call a minimum of 7 days. has been received and confirmation has (iii) If, under the exemption for a been given by the Regional Adminis- minimum of 7 days and wishing to trator. withdraw earlier than the designated
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end of the exemption period, notify the (b) If requested by the Regional Ad- Regional Administrator of early with- ministrator to carry an observer or sea drawal from the program by calling the sampler, it is the responsibility of the Regional Administrator, providing the vessel owner to arrange for and facili- vessel’s name and permit number and tate observer or sea sampler place- the name and phone number of the ment. Owners of vessels selected for sea caller, and stating that the vessel is sampler/observer coverage must notify withdrawing from the exemption. The the appropriate Regional or Science vessel may not leave port to fish in the and Research Director, as specified by EEZ until 48 hours after notification of the Regional Administrator, before early withdrawal is received by the Re- commencing any fishing trip that may gional Administrator. result in the harvest of resources of the (iv) The Regional Administrator will respective fishery. Notification proce- furnish a phone number for call-ins dures will be specified in selection let- upon request. ters to vessel owners. (f) Additional NE multispecies call-in (c) The Regional Administrator may requirements.—(1) Spawning season call- waive the requirement to carry a sea in. With the exception of vessels issued sampler or observer if the facilities on a valid Small Vessel category permit, a vessel for housing the observer or sea vessels subject to the spawning season sampler, or for carrying out observer restriction described in § 648.82 must or sea sampler functions, are so inad- notify the Regional Administrator of equate or unsafe that the health or the commencement date of their 20-day safety of the observer or sea sampler, period out of the NE multispecies fish- or the safe operation of the vessel, ery through either the VTS system or would be jeopardized. by calling and providing the following information: Vessel name and permit (d) An owner or operator of a vessel number, owner and caller name and on which a NMFS-approved sea sam- phone number and the commencement pler/observer is embarked must: date of the 20-day period. (1) Provide accommodations and food (2) Gillnet call-in. Vessels subject to that are equivalent to those provided the gillnet restriction described in to the crew. § 648.82(k)(1)(iv) must notify the Re- (2) Allow the sea sampler/observer ac- gional Administrator of the commence- cess to and use of the vessel’s commu- ment date of their time out of the NE nications equipment and personnel multispecies gillnet fishery using the upon request for the transmission and procedure described in paragraph (f)(1) receipt of messages related to the sea of this section. sampler’s/observer’s duties. (3) Provide true vessel locations, by [61 FR 34968, July 3, 1996, as amended at 62 FR 14647, Mar. 27, 1997; 62 FR 15386, Apr. 1, latitude and longitude or loran coordi- 1997; 62 FR 51381, Oct. 1, 1997] nates, as requested by the observer/sea sampler, and allow the sea sampler/ob- § 648.11 At-sea sea sampler/observer server access to and use of the vessel’s coverage. navigation equipment and personnel (a) The Regional Administrator may upon request to determine the vessel’s request any vessel holding a permit sea position. scallop; or NE multispecies; or a mora- (4) Notify the sea sampler/observer in torium permit for summer flounder, or, a timely fashion of when fishing oper- as of January 1, 1997, mackerel, squid, ations are to begin and end. or butterfish, or scup, or as of June 1, (5) Allow for the embarking and de- 1997, black sea bass fisheries to carry a barking of the sea sampler/observer, as NMFS-approved sea sampler/observer. specified by the Regional Adminis- If requested by the Regional Adminis- trator, ensuring that transfers of ob- trator to carry an observer or sea sam- servers/sea samplers at sea are accom- pler, a vessel may not engage in any plished in a safe manner, via small fishing operations in the respective boat or raft, during daylight hours as fishery unless an observer or sea sam- weather and sea conditions allow, and pler is on board, or unless the require- with the agreement of the sea ment is waived. samplers/ observers involved.
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(6) Allow the sea sampler/observer butterfish, the summer flounder, the free and unobstructed access to the scup, and the black sea bass fisheries. vessel’s bridge, working decks, holding (a) The Regional Administrator may bins, weight scales, holds, and any not grant such an exemption unless he/ other space used to hold, process, she determines that the purpose, de- weigh, or store fish. sign, and administration of the exemp- (7) Allow the sea sampler/observer to tion is consistent with the manage- inspect and copy any the vessel’s log, ment objectives of the respective FMP, communications log, and records asso- the provisions of the Magnuson-Ste- ciated with the catch and distribution vens Act, and other applicable law, and of fish for that trip. that granting the exemption will not: (e) The owner or operator of a vessel (1) Have a detrimental effect on the issued a summer flounder moratorium respective resources and fishery; permit, or as of January 1, 1997, a scup (2) Cause any quota to be exceeded; moratorium permit or, as of June 1, or 1997, a black sea bass moratorium per- (3) Create significant enforcement mit, if requested by the sea sampler/ob- problems. server also must: (b) Each vessel participating in any (1) Notify the sea sampler/observer of exempted experimental fishing activity any sea turtles, marine mammals, is subject to all provisions of the re- summer flounder, scup, or black sea spective FMP, except those necessarily bass, or other specimens taken by the relating to the purpose and nature of vessel. the exemption. The exemption will be (2) Provide the sea sampler/observer specified in a letter issued by the Re- with sea turtles, marine mammals, gional Administrator to each vessel summer flounder, scup, or black sea participating in the exempted activity. bass, or other specimens taken by the This letter must be carried on board vessel. the vessel seeking the benefit of such (f) NMFS may accept observer cov- exemption. erage funded by outside sources if: (1) All coverage conducted by such (c) Experimental fishing for surf observers is determined by NMFS to be clams or ocean quahogs will not re- in compliance with NMFS’ observer quire an allocation permit. guidelines and procedures. [61 FR 58466, Nov. 15, 1996, as amended at 62 (2) The owner or operator of the ves- FR 37156, July 11, 1997] sel complies with all other provisions of this part. § 648.13 Transfers at sea. (3) The observer is approved by the (a) Only vessels issued a Loligo and Regional Administrator. butterfish moratorium or Illex morato- [61 FR 34968, July 3, 1996, as amended at 61 rium permit under § 648.4(a)(5) and ves- FR 43425, Aug. 23, 1996; 61 FR 58465, Nov. 15, sels issued a mackerel or squid/ 1996] butterfish incidental catch permit and authorized in writing by the Regional § 648.12 Experimental fishing. Administrator to do so, may transfer The Regional Administrator may ex- or attempt to transfer Loligo, Illex, or empt any person or vessel from the re- butterfish from one vessel to another quirements of subparts B (Atlantic vessel. mackerel, squid, and butterfish), D (sea (b) Vessels issued a multispecies per- scallop), E (surf clam and ocean qua- mit under § 648.4(a)(1) or a scallop per- hog), F (NE multispecies), G (summer mit under § 648.4(a)(2) are prohibited flounder), H (scup), or I (black sea from transferring or attempting to bass), of this part for the conduct of ex- transfer any fish from one vessel to an- perimental fishing beneficial to the other vessel, except that vessels issued management of the resources or fishery a multispecies permit under § 648.4(a)(1) managed under that subpart. The Re- and specifically authorized in writing gional Administrator shall consult by the Regional Administrator to do with the Executive Director of the so, may transfer species other than Council regarding such exemptions for regulated species from one vessel to the Atlantic mackerel, squid, and another vessel.
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(c) All persons are prohibited from (9) Refuse to carry an observer or sea transferring or attempting to transfer sampler if requested to do so by the Re- NE multispecies or scallops from one gional Administrator. vessel to another vessel, except in ac- (10) To refuse reasonable assistance cordance with paragraph (b) of this sec- to either a NMFS-approved observer or tion. sea sampler conducting his or her du- ties aboard a vessel. 61 FR 34968, July 3, 1996, as amended at 62 FR (11) Fish for surf clams or ocean qua- 28642, May 27, 1997] hogs in any area closed to surf clam or ocean quahog fishing. § 648.14 Prohibitions. (12) Fish for, take, catch, harvest or (a) In addition to the general prohibi- land any species of fish regulated by tions specified in § 600.725 of this chap- this part in or from the EEZ, unless ter, it is unlawful for any person to do the vessel has a valid and appropriate any of the following: permit issued under this part and the (1) Fail to report to the Regional Ad- permit is on board the vessel and has ministrator within 15 days any change not been surrendered, revoked, or sus- in the information contained in an ap- pended. plicable vessel, operator, or dealer/ (13) Purchase, possess or receive for a processor permit application. commercial purpose or attempt to pur- (2) Falsify or fail to affix and main- chase possess or receive for a commer- tain vessel markings as required by cial purpose any species regulated § 648.8. under this part unless in possession of (3) Make any false statement in con- a valid dealer permit issued under this nection with an application, declara- part, except that this prohibition does tion, or report under this part. not apply to species that are purchased (4) Fail to comply in an accurate and or received from a vessel not issued a timely fashion with the log report, re- permit under this part and fishing ex- porting, record retention, inspection, clusively in state waters. and other requirements of § 648.7, or (14) Produce, or cause to be produced, submit or maintain false information cage tags required under this part in records and reports required to be without written authorization from the kept or filed under § 648.7. Regional Administrator. (15) Tag a cage with a tag that has (5) Alter, erase, or mutilate any per- been rendered null and void or with a mit issued under this part. tag that has been previously used. (6) Alter, erase, mutilate, duplicate (16) Tag a cage of surf clams with an or cause to be duplicated, or steal any ocean quahog cage tag or tag a cage of cage tag issued under this part. ocean quahogs with a surf clam cage (7) Tamper with, damage, destroy, tag. alter, or in any way distort, render use- (17) Possess, import, export, transfer, less, inoperative, ineffective, or inac- land, have custody or control of any curate the VTS, VTS unit, or VTS sig- species of fish regulated pursuant to nal required to be installed on or trans- this part that do not meet the mini- mitted by vessel owners or operators mum size provisions in this part, un- required to use a VTS by this part. less such species were harvested exclu- (8) Assault, resist, oppose, impede, sively within state waters by a vessel harass, intimidate, interfere with or not issued a permit under this part or bar by command, impediment, threat, whose permit has been surrendered in or coercion either a NMFS-approved accordance with applicable regula- observer, sea sampler, or other NMFS- tions. authorized employee aboard a vessel or (18) Possess an empty cage to which a in a dealer/processor establishment, cage tag required by § 648.75 is affixed conducting his or her duties aboard a or possess any cage that does not con- vessel or in a dealer/processor estab- tain surf clams or ocean quahogs and lishment, or an authorized officer con- to which a cage tag required by § 648.75 ducting any search, inspection, inves- is affixed. tigation, or seizure in connection with (19) Land or possess, after offloading, enforcement of this part. any cage holding surf clams or ocean
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quahogs without a cage tag or tags re- (i) The NE multispecies are being quired by § 648.75, unless the person can fished for or were harvested in or from demonstrate the inapplicability of the the EEZ by a vessel holding a valid presumptions set forth in § 648.75(h). multispecies permit under this part, or (20) Sell null and void tags. a letter under § 648.4(a)(1), and the oper- (21) Shuck surf clams or ocean qua- ator on board such vessel has been is- hogs harvested in or from the EEZ at sued an operator’s permit and has a sea, unless permitted by the Regional valid permit on board the vessel; Administrator under the terms of (ii) The NE multispecies were har- § 648.74. vested by a vessel not issued a multi- (22) Receive for a commercial purpose species permit that fishes for NE other than transport, surf clams or multispecies exclusively in state wa- ocean quahogs harvested in or from the ters; or EEZ, whether or not they are landed (iii) The NE multispecies were har- under an allocation under § 648.70, un- vested in or from the EEZ by a rec- less issued a dealer/processor permit reational fishing vessel. under this part. (32) Land, offload, remove, or other- (23) Land unshucked surf clams or wise transfer, or attempt to land, off- ocean quahogs harvested in or from the load, remove or otherwise transfer EEZ in containers other than cages multispecies from one vessel to an- from vessels capable of carrying cages. other vessel, unless both vessels have (24) Offload unshucked surf clams or not been issued multispecies permits ocean quahogs harvested in or from the and both fish exclusively in state wa- EEZ from vessels not capable of carry- ters, or unless authorized in writing by ing cages other than directly into the Regional Administrator. cages. (25) Fish for surf clams or ocean qua- (33) Sell, barter, trade, or otherwise hogs in the EEZ without giving prior transfer; or attempt to sell, barter, notification, or fail to comply with any trade, or otherwise transfer for a com- of the notification requirements speci- mercial purpose any NE multispecies fied in § 648.15(b). from a trip, unless the vessel is holding (26) Fish for, retain, or land both surf a multispecies permit, or a letter under clams and ocean quahogs in or from § 648.4(a)(1), and is not fishing under the the EEZ on the same trip. charter/party vessel restrictions speci- (27) Fish for, retain, or land ocean fied in § 648.89, or unless the NE multi- quahogs in or from the EEZ on a trip species were harvested by a vessel designated as a surf clam fishing trip without a multispecies permit that under § 648.15(b), or fish for, retain, or fishes for NE multispecies exclusively land surf clams in or from the EEZ on in state waters. a trip designated as an ocean quahog (34) Operate or act as an operator of fishing trip under § 648.15(b). a vessel fishing for or possessing NE (28) Fail to offload any surf clams or multispecies in or from the EEZ, or ocean quahogs harvested in the EEZ holding a multispecies permit without from a trip discontinued pursuant to having been issued and possessing a § 648.15(b) prior to commencing fishing valid operator’s permit. operations in waters under the jurisdic- (35) Fish with, use, or have on board tion of any state. within the area described in (29) Land or possess any surf clams or § 648.80(a)(1), nets of mesh whose size is ocean quahogs harvested in or from the smaller than the minimum mesh size EEZ in excess of, or without, an indi- specified in § 648.80(a)(2), except as pro- vidual allocation. vided in § 648.80(a) (3) through (6), (a)(8), (30) Transfer any surf clams or ocean (a)(9), (d), (e) and (i), or unless the ves- quahogs harvested in or from the EEZ sel has not been issued a multispecies to any person for a commercial pur- permit and fishes for NE multispecies pose, other than transport, without a exclusively in state waters. surf clam or ocean quahog processor or (36) Fish with, use, or have available dealer permit. for immediate use within the area de- (31) Fish for, possess, or land NE scribed in § 648.80(b)(1), nets of mesh multispecies, unless: size smaller than the minimum size
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specified in § 648.80(b)(2), except as pro- except under the provisions of vided in § 648.80 (b)(3), (d), (e), and (i), or § 648.80(d), or unless the vessels that en- unless the vessel has not been issued a gaged in pair trawling have not been is- multispecies permit and fishes for sued multispecies permits and fish for multispecies exclusively in state wa- NE multispecies exclusively in state ters. waters. (37) Fish with, use, or have available (45) Fish for, harvest, possess, or land for immediate use within the area de- in or from the EEZ northern shrimp, scribed in § 648.80(c)(1), nets of mesh unless such shrimp were fished for or size smaller that the minimum mesh harvested by a vessel meeting the re- size specified in § 648.80(c)(2), except as quirements specified in § 648.80(a)(3). provided in § 648.80(c)(3), (d), (e), and (i), (46) Violate any terms of a letter au- or unless the vessel has not been issued thorizing experimental fishing pursu- a multispecies permit and fishes for NE ant to § 648.12 or fail to keep such letter multispecies exclusively in state wa- on board the vessel during the period of ters. the experiment. (38) Enter or be in the area described (47) Fish for the species specified in in § 648.81(a)(1) on a fishing vessel, ex- § 648.80 (d) or (e) with a net of mesh size cept as provided in § 648.81(a) (2) and smaller than the applicable mesh size (d). specified in § 648.80(a) (2), (b)(2), or (39) Enter or be in the area described (c)(2), or possess or land such species, in § 648.81(b)(1) on a fishing vessel, ex- unless the vessel is in compliance with cept as provided by § 648.81(b)(2). the requirements specified in § 648.80 (d) (40) Enter, or be in the area described or (e), or unless the vessel has not been in § 648.81(c)(1), on a fishing vessel, ex- issued a multispecies permit and fishes cept as provided in § 648.81 (c)(2) and (d). for NE multispecies exclusively in (41) Fail to comply with the gear- state waters. marking requirements of § 648.84. (48) Violate any provision of the open (42) Fish within the areas described access permit restrictions as provided in § 648.80(a)(4) with nets of mesh small- in § 648.88. er than the minimum size specified in (49) Violate any of the restrictions on § 648.80(a)(2), unless the vessel is issued fishing with scallop dredge gear speci- and possesses on board an authorizing fied in § 648.80(h). letter issued under § 648.80(a)(4)(i). (50) Violate any provision of the state (43) Violate any of the provisions of waters winter flounder exemption pro- § 648.80(a)(4), the Cultivator Shoals gram as provided in § 648.80(i). whiting fishery exemption area; (a)(5), (51) Obstruct or constrict a net as de- the Stellwagen Bank/Jefferys Ledge scribed in § 648.80(g) (1) or (2). (SB/JL) juvenile protection area; (a)(8), (52) Enter, be on a fishing vessel in, Small Mesh Area 1/Small Mesh Area 2; or fail to remove gear from the EEZ (a)(9), the Nantucket Shoals dogfish portion of the areas described in § 648.81 fishery exemption area; (a)(11), the (f)(1) through (i)(1) during the time pe- Nantucket Shoals mussel and sea ur- riod specified, except as provided in chin dredge exemption area; (a)(12), the § 648.81(d), (f)(2), (g)(2), (h)(2), and (i)(2). GOM/GB monkfish gillnet exemption (53) Possess, land, or fish for regu- area; (a)(13), the GOM/GB dogfish lated species, except winter flounder as gillnet exemption area; (b)(3) exemp- provided for in accordance with tions (small mesh); (b)(5), the SNE § 648.80(i) and from or within the areas monkfish and skate trawl exemption described in § 648.80(i), while in posses- area; (b)(6), the SNE monkfish and sion of scallop dredge gear on a vessel skate gillnet exemption area; (b)(7), not fishing under the scallop DAS pro- the SNE dogfish gillnet exemption gram as described in § 648.53, or fishing area; or (b)(8), the SNE mussel and sea under a general scallop permit, unless urchin dredge exemption. A violation the vessel and the dredge gear conform of any of these paragraphs is a separate with the stowage requirements of violation. § 648.51 (a)(2)(ii) and (e)(2), or unless the (44) Fish for, land, or possess NE vessel has not been issued a multispe- multispecies harvested by means of cies permit and fishes for NE multispe- pair trawling or with pair trawl gear, cies exclusively in state waters.
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(54) Possess or land fish caught with more than 400 lb (181.44 kg) of shucked nets of mesh smaller than the mini- scallops, unless that vessel has not mum size specified in § 648.51, or with been issued a scallop permit and fishes scallop dredge gear on a vessel not fish- exclusively in state waters. ing under the scallop DAS program de- (60) Land, offload, remove, or other- scribed in § 648.54 of this chapter, or wise transfer, or attempt to land, off- fishing under a general scallop permit, load, remove or otherwise transfer, unless said fish are caught, possessed scallops from one vessel to another, un- or landed in accordance with §§ 648.80 less that vessel has not been issued a and 648.86, or unless the vessel has not scallop permit and fishes exclusively in been issued a multispecies permit and state waters. fishes for NE multispecies exclusively (61) Sell, barter or trade, or otherwise in state waters. transfer, or attempt to sell, barter or (55) Purchase, possess, or receive as a trade, or otherwise transfer, for a com- dealer, or in the capacity of a dealer, mercial purpose, any scallops from a regulated species in excess of the pos- trip whose catch is 40 lb (18.14 kg) of session limit specified in § 648.86 appli- shucked scallops or less, or 5 bu (176.1 cable to a vessel issued a multispecies L) of in-shell scallops, unless the vessel permit. has been issued a valid general or lim- (56) Possess, or land per trip, scallops ited access scallop permit, or the scal- in excess of 40 lb (18.14 kg) of shucked, lops were harvested by a vessel that or 5 bu (176.2 L) of in-shell scallops, un- has not been issued a scallop permit less: and fishes for scallops exclusively in (i) The scallops were harvested by a state waters. vessel that has been issued and carries (62) Purchase, possess, or receive for on board a general or limited access a commercial purpose, or attempt to scallop permit; or purchase, possess, or receive for a com- (ii) The scallops were harvested by a mercial purpose, in the capacity of a vessel that has not been issued a scal- dealer, scallops taken from a fishing lop permit and fishes for scallops ex- vessel that were harvested in or from clusively in state waters. the EEZ, unless issued, and in posses- (57) Fish for, possess or land per trip, sion of, a valid scallop dealer’s permit. scallops in excess of 400 lb (181.44 kg) or (63) Purchase, possess, or receive for 50 bu (17.62 hl) of in-shell scallops, un- commercial purposes, or attempt to less: purchase or receive for commercial (i) The scallops were harvested by a purposes, scallops caught by a vessel vessel that has been issued and carries other than one issued a valid limited on board a limited access scallop per- access or general scallop permit unless mit, or the scallops were harvested by a vessel (ii) The scallops were harvested by a that has not been issued a scallop per- vessel that has not been issued a scal- mit and fishes for scallops exclusively lop permit and fishes for scallops ex- in state waters. clusively in state waters. (64) Operate or act as an operator of (58) Fish for, possess, or land per trip, a vessel fishing for or possessing any scallops in excess of 40 lb (18.14 kg) of species of fish regulated by this part in shucked, or 5 bu (176.2 L) of in-shell or from the EEZ, or issued a permit scallops, unless: pursuant to this part, without having (i) The scallops were harvested by a been issued and possessing a valid oper- vessel with an operator on board who ator’s permit. has been issued an operator’s permit (65) Possess in or harvest from the and the permit is on board the vessel EEZ summer flounder, either in excess and is valid; or of the possession limit specified in (ii) The scallops were harvested by a § 648.105, or before or after the time pe- vessel that has not been issued a scal- riod specified in § 648.102, unless the lop permit and fishes for scallops ex- vessel was issued a summer flounder clusively in state waters. moratorium permit and the morato- (59) Have a shucking or sorting ma- rium permit is on board the vessel and chine on board a vessel that shucks has not been surrendered, revoked, or scallops at sea, while in possession of suspended.
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(66) Possess nets or netting with (76) Purchase, possess or receive for a mesh not meeting the minimum mesh commercial purpose, or attempt to pur- requirement of § 648.104 if the person chase, possess, or receive for a com- possesses summer flounder harvested mercial purpose, in the capacity of a in or from the EEZ in excess of the dealer, except for transport on land, threshold limit of § 648.105(a). mackerel, squid, and butterfish taken (67) Purchase or otherwise receive, from a fishing vessel unless issued, and except for transport, summer flounder in possession of a valid mackerel, from the owner or operator of a vessel squid, and butterfish fishery dealer per- issued a summer flounder moratorium mit. permit, unless in possession of a valid (77) Purchase or otherwise receive for summer flounder dealer permit. a commercial purpose, mackerel, squid, (68) Purchase or otherwise receive for and butterfish caught by other than a commercial purposes summer flounder vessel issued a mackerel, squid, and caught by other than a vessel with a butterfish permit, unless the vessel has summer flounder moratorium permit not been issued a permit under this not subject to the possession limit of part and fishes exclusively within the § 648.105. waters under the jurisdiction of any (69) Purchase or otherwise receive for state. a commercial purpose summer flounder (78) [Reserved] landed in a state after the effective (79) Violate any other provision of date published in the FEDERAL REG- this part, the Magnuson Act, or any ISTER notifying permit holders that regulation, notice, or permit issued commercial quota is no longer avail- under the Magnuson Act. able in that state. (80) Possess scup in or harvested from (70) Fail to comply with any sea tur- the EEZ north of 35°15.3′ N. lat. in an tle conservation measure specified in area closed, or before or after a season § 648.106, including any sea turtle con- established pursuant to § 648.122. servation measure implemented by no- (81) To purchase or otherwise receive tification in the FEDERAL REGISTER in for a commercial purpose scup har- accordance with § 648.106(d). vested from the EEZ north of 35°15.3′ N. (71) Use any vessel of the United lat., or from a vessel issued a scup mor- States for taking, catching, harvesting, atorium permit after the effective date fishing for, or landing any Atlantic of the notification published in the salmon taken from or in the EEZ. FEDERAL REGISTER stating that the (72) Transfer, directly or indirectly, commercial quota has been harvested. or attempt to transfer to any vessel (82) Land scup harvested in or from any Atlantic salmon taken in or from the EEZ north of 35°15.3′ N. lat. after the EEZ. the effective date of the notification (73) Take and retain, or land more published in the FEDERAL REGISTER mackerel, squid, and butterfish than stating that the commercial quota has specified under a notice issued under been harvested. § 648.22. (83) Possess scup harvested in or from (74) Possess nets or netting with the EEZ north of 35°15.3′ N. lat. that do mesh not meeting the minimum size not meet the minimum fish size speci- requirement of § 648.23 and not stowed fied in § 648.124. in accordance with the requirements of (84) Fish for, catch, or retain scup in § 648.23, if in possession of Loligo har- excess of 4,000 lb (1,814 kg) in or from vested in or from the EEZ. the EEZ north of 35°15.3′ N. lat. unless (75) Transfer Loligo, Illex, or the vessel meets the gear restrictions butterfish within the EEZ, unless the in § 648.123. vessels participating in the transfer (85) Fish for, catch, or retain scup in have been issued a valid Loligo and or from the EEZ north of 35°15.3′ N. lat. butterfish or Illex moratorium permit for sale, barter, or trade, after January and are transferring the species for 1, 1997, unless the vessel has been is- which the vessels are permitted or have sued a valid moratorium permit pursu- a valid squid/butterfish incidental ant to § 648.4(a)(6). catch permit and a letter of authoriza- (86) Sell or transfer scup harvested in tion from the Regional Administrator. or from the EEZ north of 35°15.3′ N. lat.
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after January 1, 1997, unless the vessel to the possession limit established pur- has been issued a valid moratorium suant to § 648.145 unless the vessel has permit pursuant to § 648.4(a)(6). not been issued a permit under this (87) Fish for, catch, or retain scup in part and is fishing exclusively within or from the EEZ north of 35°15.3′ N. lat. the waters under the jurisdiction of on board a party or charter boat after any state. January 1, 1997, unless the vessel has (94) Possess or use rollers used in been issued a valid party or charter roller rig or rock hopper trawl gear boat permit pursuant to § 648.4(a)(6)(ii). that do not meet the minimum size re- (88) Fish with or possess scup pots or quirement of § 648.144 if the person pos- traps in the EEZ north of 35°15.3′ N. lat. sesses black sea bass harvested in or that have a rectangular escape vent, from the EEZ from 35°15.3′ N. lat., the any side of which is less than 2.25 latitude of Cape Hatteras Light, NC, inches (5.7 cm) in length. northward to the U.S.-Canada border. (89) Fish for, catch and retain, or (95) Possess or use pot and trap gear land scup in or from the EEZ north of not meeting the requirements of 35°15.3′ N. lat. in excess of the landing § 648.144 if the person possesses black limit established pursuant to § 648.120 sea bass harvested in or from the EEZ (b)(2) and (b)(3). from 35°15.3’ N. lat., the latitude of (90) Fail to remove, use, set, haul Cape Hatteras Light, NC, northward to back, fish with, or possess on board a the U.S.-Canada border. vessel, unless stowed in accordance (96) Purchase or otherwise receive for with § 648.81(e)(4), sink gillnet gear and commercial purposes black sea bass other gillnet gear capable of catching landed for sale by a moratorium vessel multispecies, with the exception of sin- in any state, or part thereof, north of gle pelagic gillnets (as described in 35°15.3′ N. lat., after the effective date § 648.81(f)(2)(ii)), in the areas and for the of the notification published in the times specified in § 648.87 (a) and (b), FEDERAL REGISTER stating that the except as provided in §§ 648.81(f)(2)(ii) commercial quarterly quota has been and 648.87 (a) and (b), or unless other- harvested and the EEZ is closed to the wise authorized in writing by the Re- harvest of black sea bass. gional Administrator. (97) Fish within or transit, with other (91) Possess in or harvest from the than handgear, the Scallop Experi- EEZ from 35°15.3′ N. lat., the latitude of mental Area defined in § 648.56(a)(1), ex- Cape Hatteras Light, NC, northward to cept as provided for in § 648.56 (a)(2) and the U.S.-Canada border, black sea bass (a)(3). either in excess of the possession limit (98) Fish, or be in the areas described established pursuant to § 648.145 or be- in § 648.81(j)(1), (k)(1), (l)(1), and (m)(1) fore or after the time period estab- on a fishing vessel with mobile gear lished pursuant to § 648.142, unless the during the time periods specified in person is operating a vessel issued a § 648.81(j)(2), (k)(2), (l)(2), and (m)(2), ex- moratorium permit under § 648.4 and cept as provided in § 648.81(j)(2), (k)(2), the moratorium permit is on board the (l)(2), and (m)(2). vessel and has not been surrendered, (99) Fish, or be in the areas described revoked, or suspended; in § 648.81(j)(1), (k)(1), and (l)(1) on a (92) Fish for, catch, or retain 100 lb or fishing vessel with lobster pot gear more (45.4 kg or more) of black sea bass during the time periods specified in in or from the EEZ from 35°15.3′ N. lat., § 648.81(j)(2), (k)(2), and (l)(2). the latitude of Cape Hatteras Light, (100) Deploy in or fail to remove lob- NC, northward to the U.S.-Canada bor- ster pot gear from the areas described der, unless the vessel meets the gear in § 648.81(j)(1), (k)(1), and (l)(1), during restrictions of § 648.144. the time periods specified in (93) Purchase or otherwise receive for § 648.81(j)(2), (k)(2), and (l)(2). commercial purposes black sea bass (101) Enter, fail to remove gear from, caught in the EEZ from 35°15.3′ N. lat., or be in the areas described in the latitude of Cape Hatteras Light, § 648.81(f)(1) through § 648.81(h)(1) during North Carolina, northward to the U.S.- the time period specified, except as Canada border, by other than a vessel provided in § 648.81 (d), (f)(2), (g)(2), and with a moratorium permit not subject (h)(2).
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(102) Enter or fish in the Gulf of creased in excess of the limitations Maine/Georges Bank and Southern New specified in § 648.4(a)(1)(i) (E) and (F). England Regulated Mesh Areas, except (5) Fish for, possess, or land NE as provided in §§ 648.80 (a)(2)(iii) and multispecies with or from a vessel that (b)(2)(iii), and for purposes of has had the length, GRT, or NT of such transiting, provided that all gear vessel or its replacement increased or (other than exempted gear) is stowed in upgraded in excess of limitations speci- accordance with § 648.23(b). fied in § 648.4(a)(1)(i) (E) and (F). (103) Sell, barter, trade or transfer, or (6) Fail to comply with any provision attempt to sell, barter, trade or other- of the DAS notification program as wise transfer, other than transport, specified in § 648.10. any multispecies, unless the dealer or (7) Possess or land per trip more than transferee has a dealer permit issued the possession or landing limits speci- under § 648.6. fied under § 648.86 (a) or (c), and (b) In addition to the general prohibi- § 648.82(b)(3), if the vessel has been is- tions specified in § 600.725 of this chap- ter and in paragraph (a) of this section, sued a limited access multispecies per- it is unlawful for any person owning or mit. operating a vessel holding a multispe- (8) Fail to comply with the restric- cies permit, issued an operator’s per- tions on fishing and gear specified in mit, or issued a letter under § 648.82(b)(4), if the vessel has been is- § 648.4(a)(1)(i)(H)(3), to land, or possess sued a limited access multispecies on board a vessel, more than the pos- hook-gear permit. session or landing limits specified in (9) Fail to declare, and be, out of the § 648.86(a) and (c), or to violate any of NE multispecies DAS program as re- the other provisions of § 648.86. quired by § 648.82(g), using the proce- (c) In addition to the general prohibi- dure described under § 648.82(h), as ap- tions specified in § 600.725 of this chap- plicable. ter and in paragraphs (a) and (b) of this (10) Enter, fail to remove sink gillnet section, it is unlawful for any person gear or gillnet gear capable of catching owning or operating a vessel issued a multispecies from, or be in the areas, limited access multispecies permit or a and for the times, described in letter under § 648.4(a)(1)(i)(H)(3), to do § 648.87(a) and (b), except as provided in any of the following: § 648.81(d), (f)(2), (g)(2), and (h)(2), and in (1) Fish for, possess at any time dur- § 648.87(b)(1)(i). ing a trip, or land per trip more than (11) If the vessel has been issued a the possession limit of regulated spe- limited access multispecies permit and cies specified in § 648.86(c) after using fishes under a multispecies DAS, fail to up the vessel’s annual DAS allocation comply with gillnet requirements and or when not participating in the DAS restrictions specified in § 648.82(k). program pursuant to § 648.82, unless (12) If the vessel has been issued a otherwise exempted under § 648.82(b)(3) limited access Day gillnet category or § 648.89. designation, fail to comply with the re- (2) If required by § 648.10 to have a striction and requirements specified in VTS unit: § 648.82(k)(1). (i) Fail to have a certified, oper- ational, and functioning VTS unit that (13) If the vessel has been issued a meets the specifications of § 648.9 on Day gillnet category designation, fail board the vessel at all times. to remove gillnet gear from the water (ii) Fail to comply with the notifica- as described in § 648.82(g) and tion, replacement, or any other re- § 648.82(k)(1)(iv). quirements regarding VTS usage as (14) Fail to produce or, cause to be specified in § 648.10(a). produced, gillnet tags when requested (3) Combine, transfer, or consolidate by an authorized officer. DAS allocations. (15) Produce, or cause to be produced, (4) Fish for, possess, or land NE gillnet tags under § 648.82(k)(1) without multispecies with or from a vessel that the written confirmation from the Re- has had the horsepower of such vessel gional Administrator described in or its replacement upgraded or in- § 648.82(k)(1)(ii).
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(16) Tag a gillnet or use a gillnet tag (f) In addition to the general prohibi- that has been reported lost, missing, tions specified in § 600.725 of this chap- destroyed, or issued to another vessel. ter and in paragraph (a) of this section, (17) Sell, transfer, or give away it is unlawful for any person owning or gillnet tags that have been reported operating a vessel issued a limited ac- lost, missing, destroyed, or issued to cess scallop permit or a general scallop another vessel. permit under § 648.4(a)(2) to land, or (18) If the vessel has been issued a possess at or after landing, in-shell Trip gillnet category designation, fail scallops smaller than the minimum to comply with the restrictions and re- shell height specified in § 648.50(a). quirements specified in § 648.82(k)(2). (g) In addition to the general prohibi- (19) Fail to comply with the exemp- tions specified in § 600.725 of this chap- tion specifications as described in ter and the prohibitions specified in § 648.86(b)(2). paragraphs (a) through (f) of this sec- (20) Fail to comply with the provi- tion, it is unlawful for the owner or op- sions of the cod hail weight notifica- erator of a charter or party boat issued tion specifications specified in a multispecies permit, or of a rec- § 648.86(b)(1)(ii)(B). reational vessel, as applicable, to: (1) Fish with gear in violation of the (21) Fail to declare, and be, out of the restrictions specified in § 648.89(a). non-exempt gillnet fishery as required (2) Possess cod and haddock in excess by § 648.82(k)(1)(iv), using the procedure of the possession limits specified in described under § 648.82(h), as applica- § 648.89(c). ble. (3) Sell, trade, barter, or otherwise (d) In addition to the general prohibi- transfer, or attempt to sell, trade, bar- tions specified in § 600.725 of this chap- ter or otherwise transfer, NE multispe- ter and in paragraphs (a), (b), and (c) of cies for a commercial purpose as speci- this section, it is unlawful for any per- fied in § 648.89(d). son owning or operating a vessel issued (h) In addition to the general prohibi- a multispecies handgear permit to do tions specified in § 600.725 of this chap- any of the following: ter and in paragraphs (a) and (g) of this (1) Possess, at any time during a trip, section, it is unlawful for any person or land per trip, more than the posses- owning or operating a vessel issued a sion limit of regulated species specified limited access scallop permit under in § 648.88(a), unless the regulated spe- § 648.4(a)(2) to do any of the following: cies were harvested by a charter or (1) Possess, or land per trip, more party vessel. than 400 lb (181.44 kg) of shucked, or 50 (2) Use, or possess on board, gear ca- bu (17.62 hl) of in-shell scallops after pable of harvesting NE multispecies, using up the vessel’s annual DAS allo- other than rod and reel or handline, cation or when not participating under while in possession of, or fishing for, the DAS program pursuant to § 648.10, NE multispecies. unless exempted from DAS allocations (3) Possess or land NE multispecies as provided in § 648.54. during the time period specified in (2) Land scallops on more than one § 648.88(a)(2). trip per calendar day after using up the (4) Violate any provision of the open vessel’s annual DAS allocation or when access handgear permit restrictions as not participating under the DAS pro- provided in § 648.88(a). gram pursuant to § 648.10, unless ex- (e) In addition to the general prohibi- empted from DAS allocations as pro- tions specified in § 600.725 of this chap- vided in § 648.55. ter and in paragraphs (a) through (d) of (3) Fail to have an approved, oper- this section, it is unlawful for any per- ational, and functioning VTS unit that son owning or operating a vessel issued meets the specifications of § 648.9 on a multispecies possession limit permit board the vessel at all times, unless the for scallops to possess or land more vessel is not subject to the VTS re- than the possession limit of regulated quirements specified in § 648.10. species specified at § 648.88(c) or to pos- (4) If the vessel is not subject to VTS sess or land regulated species when not requirements specified in § 648.10(a), fishing under a scallop DAS. fail to comply with the requirements of
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the call-in system specified in (14) Possess more than 40 lb (18.14 kg) § 648.10(b). of shucked, or 5 bu (176.1 L) of in-shell (5) Combine, transfer, or consolidate scallops, or fish under the DAS alloca- DAS allocations. tion program, while in possession of (6) Have an ownership interest in dredge gear containing rings that have more than 5 percent of the total num- minimum sizes smaller than those ber of vessels issued limited access specified in § 648.51(b)(3). scallop permits, except as provided in (15) Possess more than 40 lb (18.14 kg) § 648.4(a)(2)(i)(H). of shucked, or 5 bu (176.2 L) of in-shell (7) Fish for, possess, or land scallops scallops, or participate in the DAS al- with or from a vessel that has had the location program, while in possession horsepower of such vessel or its re- of dredge gear that uses links between placement upgraded or increased in ex- rings of the gear or ring configurations cess of the limitations specified in that do not conform to the specifica- § 648.4(a)(2)(i) (E) or (F). tions described in § 648.51(b)(4)(ii). (8) Fish for, possess, or land scallops (16) Possess more than 40 lb (18.14 kg) with or from a vessel that has had the of shucked, or 5 bu (176.2 L) of in-shell length, GRT, or NT of such vessel or its scallops, or participate in the DAS al- replacement increased or upgraded in location program, while in possession excess of limitations specified in of dredge gear that uses cookies or § 648.4(a)(2)(i) (E) or (F). chafing gear, or other gear, means, or (9) Possess more than 40 lb (18.14 kg) devices on the top half of a dredge that of shucked, or 5 bu (176.2 l) of in shell obstruct the openings in or between scallops or participate in the DAS allo- the rings, except as specified in cation program, while in the possession § 648.51(b)(4). of trawl nets that have a maximum (17) Participate in the DAS alloca- sweep exceeding 144 ft (43.9 m), as tion program with more than the num- measured by the total length of the ber of persons specified in § 648.51(c), in- footrope that is directly attached to cluding the operator, on board when the webbing of the net, except as speci- the vessel is not docked or moored in fied in § 648.51(a)(2)(ii). port, unless otherwise authorized by (10) Fish under the DAS allocation the Regional Administrator. program with, or have available for im- (18) Fish under the small dredge pro- mediate use, trawl nets of mesh small- gram specified in § 648.51(e), with, or er than the minimum size specified in while in possession of, a dredge that ex- § 648.51(a)(2). ceeds 10.5 ft (3.2 m) in overall width, as (11) Fish under the DAS allocation measured at the widest point in the program with trawl nets that use chaf- bail of the dredge. ing gear or other means or devices that (19) Fish under the small dredge pro- do not meet the requirements of gram as specified in § 648.51(e) with § 648.51(a)(3). more than five persons, including the (12) Possess more than 40 lb (18.14 kg) operator, aboard the vessel, unless oth- of shucked, or 5 bu (176.2 L) of in-shell erwise authorized by the Regional Ad- scallops or participate in the DAS allo- ministrator. cation program, while in possession of (20) Have a shucking or sorting ma- dredge gear that has a maximum com- chine on board a vessel that shucks bined dredge width exceeding 31 ft (9.4 scallops at sea while fishing under the m), measured at the widest point in the DAS allocation program, unless other- bail of each dredge, except as specified wise authorized by the Regional Ad- in § 648.51(b)(1). ministrator. (13) Possess more than 40 lb (18.14 kg) (21) Refuse or fail to carry an ob- of shucked, or 5 bu (176.1 L) of in-shell server if requested to do so by the Re- scallops, or fish under the DAS alloca- gional Administrator. tion program, while in possession of (22) Fail to provide an observer with dredge gear that uses net or net mate- required food, accommodations, access, rial on the top half of the dredge of a and assistance, as specified in § 648.11. minimum mesh size smaller than that (23) Fail to comply with any require- specified in § 648.51(b)(2). ment for declaring in and out of the
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DAS allocation program as specified in for scallops with, dredge gear that uses § 648.10. cookies or chafing gear, or other gear, (24) Fail to comply with any require- means, or devices on the top half of a ment for participating in the DAS Ex- dredge that obstruct the openings in or emption Program as specified in between the rings, except as specified § 648.54. in § 648.51(b)(4). (25) Fish with, possess on board, or (7) Fish for, or land, more than 40 lb land scallops while in possession of (18.14 kg) of scallops on more than one trawl nets, when fishing for scallops trip per calendar day. under the DAS allocation program, un- (j) In addition to the general prohibi- less exempted as provided for in tions specified in § 600.725 of this chap- § 648.51(f). ter and in paragraph (a) of this section, (26) Fail to comply with the restric- it is unlawful for any person owning or tion on twine top described in operating a vessel issued a summer § 648.51(b)(4)(iv). flounder permit (including moratorium (i) In addition to the general prohibi- permit) to do any of the following: tions specified in § 600.725 of this chap- (1) Possess 100 lb or more (45.4 kg or ter and in paragraphs (a), (f), and (g) of more) of summer flounder between this section, it is unlawful for any per- May 1 and October 31, or 200 lb or more son owning or operating a vessel issued (90.7 kg or more) of summer flounder a general scallop permit to do any of between November 1 and April 30, un- the following: less the vessel meets the minimum (1) Possess, or land per trip, more mesh size requirement specified in than 400 lb (181.44 kg) of shucked or 50 § 648.104(a), or is fishing in the exempt- bu (17.62 hl) of in-shell scallops. ed area with an exemption permit as (2) Possess more than 40 lb (18.14 kg) specified in § 648.104(b)(1), or holds an of shucked, or 5 bu (176.2 L) of in-shell exemption permit and is in transit scallops while in possession of, or fish from the exemption area with nets for scallops with, dredge gear that has properly stowed as specified in a maximum combined dredge width ex- § 648.104(f), or is fishing with exempted ceeding 31 ft (9.4 m), measured at the gear specified in § 648.104(b)(2). widest point in the bail of each dredge, (2) Possess summer flounder in other except as specified in § 648.51(b)(1). than a box specified in § 648.105(d) if (3) Possess more than 40 lb (18.14 kg) fishing with nets having mesh that of shucked, or 5 bu (176.1 L) of in-shell does not meet the minimum mesh-size scallops while in possession of, or fish requirement specified in § 648.104(a), un- for scallops with, dredge gear that uses less the vessel is fishing pursuant to net or net material on the top half of the exemptions specified in § 648.104(b). the dredge of a minimum mesh size (3) Land summer flounder for sale in smaller than that specified in a state after the effective date of the § 648.51(b)(2). notification in the FEDERAL REGISTER (4) Possess more than 40 lb (18.14 kg) notifying permit holders that commer- of shucked, or 5 bu (176.1 L) of in-shell cial quota is no longer available in that scallops while in possession of, or fish state. for scallops with, dredge gear contain- (4) Fish with or possess nets or net- ing rings that have minimum sizes ting that do not meet the minimum smaller than those specified in mesh requirement, or that are modi- § 648.51(b)(3). fied, obstructed or constricted, if sub- (5) Possess more than 40 lb (18.14 kg) ject to the minimum mesh requirement of shucked, or 5 bu (176.2 L) of in-shell specified in § 648.104, unless the nets or scallops while in possession of, or fish netting are stowed in accordance with for scallops with, dredge gear that uses § 648.104(f). links between rings of the gear or ring (5) Fish with or possess nets or net- configurations that do not conform to ting that do not meet the minimum the specifications described in mesh requirement, or that are modi- § 648.51(b)(4)(ii). fied, obstructed or constricted, if fish- (6) Possess more than 40 lb (18.14 kg) ing with an exempted net described in of shucked, or 5 bu (176.2 L) of in-shell § 648.104, unless the nets or netting are scallops while in possession of, or fish stowed in accordance with § 648.104(f).
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(6) Fish west or south, as appropriate, charter boat or five crew members for of the line specified in § 648.104(b)(1) if a party boat, while fishing for scup exempted from the minimum mesh re- under the terms of a moratorium per- quirement specified in § 648.104 by a mit issued pursuant to § 648.4(a)(6). summer flounder exemption permit. (8) Use a scup pot or trap that does (7) Sell or transfer to another person not have the hinges and fasteners made for a commercial purpose, other than of degradable materials as specified in transport, any summer flounder, unless § 648.123. the transferee has a valid summer (9) Use a scup trap or pot that does flounder dealer permit. not have a minimum escape vent of the (8) Carry passengers for hire, or carry size specified in § 648.123. more than three crew members for a (10) Use roller rig trawl gear equipped charter boat or five crew members for with rollers greater than the size speci- a party boat, while fishing commer- fied in § 648.123. cially pursuant to a summer flounder (11) Possess scup in, or harvested moratorium permit. from, the EEZ in an area closed, or be- (k) In addition to the general prohibi- fore or after a season established pur- tions specified in § 600.725 of this chap- suant to § 648.122. ter and in paragraph (a) of this section, (12) Use a scup trap or pot that is not it is unlawful for any person owning or marked in accordance with operating a vessel issued a scup permit § 648.123(b)(3). (including a moratorium permit) to do (l) In addition to the general prohibi- any of the following: tions specified in § 600.725 of this chap- (1) Possess scup in excess of the ter and in paragraph (a) of this section, threshold amount specified in § 648.123, it is unlawful for the owner or operator unless the vessel meets the minimum of a party or charter boat issued a scup mesh-size restrictions specified in permit (including a moratorium per- § 648.123. mit), when the boat is carrying pas- (2) Fail to keep scup separate from sengers for hire or carrying more than other species if fishing with nets hav- three crew members if a charter boat ing mesh that does not meet the mini- or more than five members if a party mum mesh-size restrictions specified in boat, to: § 648.123(a). (1) Possess scup in excess of the pos- (3) Land scup for sale after the effec- session limit established pursuant to tive date of the notification published § 648.125. in the FEDERAL REGISTER stating that (2) Fish for scup other than during a the commercial quota has been har- season established pursuant to § 648.122. vested. (3) Sell scup or transfer scup to an- (4) Possess nets or netting that do other person for a commercial purpose. not meet the minimum mesh restric- (4) Possess scup that do not meet the tions or that are modified, obstructed minimum fish size specified in or constricted, if subject to the mini- § 648.124(b). mum mesh requirements specified in (m) It is unlawful for the owner and § 648.123(a), unless the nets or netting operator of a party or charter boat is- are stowed in accordance with sued a summer flounder permit (includ- § 648.23(b). ing moratorium permit), when the boat (5) Fish with nets or netting that do is carrying passengers for hire or car- not meet the minimum mesh restric- rying more than three crew members if tion or that are modified, obstructed or a charter boat or more than five mem- constricted while in possession of scup bers if a party boat, to: in excess of the threshold amount spec- (1) Possess summer flounder in excess ified in § 648.123. of the possession limit established pur- (6) As of January 1, 1997, sell or trans- suant to § 648.105. fer to another person for a commercial (2) Fish for summer flounder other purpose, other than transport on land, than during a season specified pursuant any scup, unless the transferee has a to § 648.102. dealer permit issued under § 648.6. (3) Sell or transfer summer flounder (7) Carry passengers for hire, or carry to another person for a commercial more than three crew members for a purpose.
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(n) It is unlawful to violate any mit and a letter of authorization by terms of a letter authorizing experi- the Regional Administrator. mental fishing pursuant to § 648.12 or to (7) Fail to comply with any measures fail to keep such letter aboard the ves- implemented pursuant to § 648.21. sel during the time period of the exper- (8) Carry passengers for hire while imental fishing. fishing commercially under a mack- (o) In addition to the general prohibi- erel, squid, and butterfish fishery per- tions specified in § 600.725 of this chap- mit. ter and in paragraph (a) of this section, (9) Fail to carry on board a letter of it is unlawful for any person owning or authorization, if fishing in an experi- operating a vessel issued a surf clam mental fishery pursuant to § 648.12. and ocean quahog permit or issued a (q) It is unlawful for the owner and surf clam and ocean quahog allocation operator of a party or charter boat is- permit under § 648.70, to land or possess sued a mackerel, squid, and butterfish any surf clams or ocean quahogs in ex- fishery permit (including a morato- cess of, or without, an individual allo- rium permit), when the boat is carry- cation, or to transfer any surf clams or ing passengers for hire, to do any of the ocean quahogs to any person for a com- following: mercial purpose other than transport, (1) Violate any recreational fishing unless that person has a surf clam and measures established pursuant to ocean quahog processor/dealer permit. § 648.21(d). (p) In addition to the general prohibi- (2) Sell or transfer mackerel, squid, tions specified in § 600.725 of this chap- or butterfish to another person for a ter, it is unlawful for any person own- commercial purpose. ing or operating a vessel issued a valid (r) [Reserved] mackerel, squid, and butterfish fishery (s) Any person possessing or landing permit, or issued an operator’s permit, per trip, scallops in excess of 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) of in- to do any of the following: shell scallops, at or prior to the time (1) Possess more than the incidental when those scallops are received or catch allowance of or butterfish, Loligo possessed by a dealer, is subject to all unless issued a Loligo squid and of the scallop prohibitions specified in butterfish fishery moratorium permit. this section, unless the scallops were (2) Possess more than the incidental harvested by a vessel without a scallop catch allowance of Illex squid unless is- permit that fishes for scallops exclu- sued an Illex squid moratorium permit. sively in state waters. Any person, re- (3) Take, retain, or land mackerel, gardless of the quantity of scallops pos- squid, or butterfish in excess of a trip sessed or landed, is subject to the pro- allowance specified under § 648.22. hibitions of paragraphs (a)(4) through (4) Take, retain, or land mackerel, (7), (10), (11), (68), (69), (71), (72), (73), squid, or butterfish after a total clo- and (87) of this section. sure specified under § 648.22. (t) In addition to the general prohibi- (5) Fish with or possess nets or net- tions specified in § 600.725 of this chap- ting that do not meet the minimum ter and in paragraphs (a) through (h) of mesh requirement for Loligo specified this section, it is unlawful for any per- in § 648.23(a), or that are modified, ob- son owning or operating a vessel issued structed, or constricted, if subject to a nonregulated multispecies permit to the minimum mesh requirement, un- possess or land any regulated species as less the nets or netting are stowed in defined in § 648.2, or violate any appli- accordance with § 648.23(b) or the vessel cable provisions of § 648.88. is fishing under an exemption specified (u) In addition to the general prohibi- in § 648.23(a). tions specified in § 600.725 of this chap- (6) Transfer squid or butterfish at sea ter and in paragraph (a) of this section, to another vessel unless that other ves- it is unlawful for any person owning or sel has been issued a valid Loligo and operating a vessel issued a black sea butterfish or Illex moratorium permit bass permit (including a moratorium and are transferring the species for permit) to do any of the following: which the vessel is permitted or a valid (1) Possess 100 lb (45.4 kg) or more of squid/butterfish incidental catch per- black sea bass, unless the vessel meets
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the minimum mesh requirement speci- is carrying passengers for hire or car- fied in § 648.144(a). rying more than three crew members if (2) Possess black sea bass in other a charter boat or more than five mem- than a box specified in § 648.145(c) if bers if a party boat, to: fishing with nets having mesh that (1) Possess black sea bass in excess of does not meet the minimum mesh-size the possession limit established pursu- requirement specified in § 648.144(a). ant to § 648.145. (3) Land black sea bass for sale in (2) Fish for black sea bass other than any state, or part thereof, north or during a season specified pursuant to south of 35°15.3′ N. lat., after the effec- § 648.142. tive date of the notification published (3) Sell black sea bass or transfer in the FEDERAL REGISTER stating that black sea bass to another person for a the commercial quarterly quota has commercial purpose. been harvested and the EEZ is closed (w) In addition to the general prohi- to the harvest of black sea bass. bitions specified in § 600.725 of this (4) Fish with or possess nets or net- chapter, it is unlawful for any person ting that do not meet the minimum to do any of the following: mesh requirement, or that are modi- (1) Possess in or harvest from the fied, obstructed or constricted, if sub- EEZ Atlantic bluefish in excess of the ject to the minimum mesh requirement daily possession limit specified in specified in § 648.144, unless the nets or § 648.131, unless that person has a per- netting are stowed in accordance with mit meeting the requirements of § 648.23(b). § 648.4(a)(8); (5) Fish with or possess rollers used (2) Possess, have custody or control in roller rig or rock hopper trawl gear of, ship, receive, barter, trade, trans- that do not meet the requirements port, offer for sale, sell, purchase, im- specified in § 648.144(a)(5). port, or export any bluefish taken, re- (6) Fish with or possess pots or traps tained, or landed in violation of the that do not meet the requirements Magnuson-Stevens Act, or any regula- specified in § 648.144(b). tion or permit issued under the Magnu- (7) Sell or transfer to another person son-Stevens Act; for a commercial purpose, other than transport on land, any black sea bass, (3) Fish under a permit meeting the unless the transferee has a valid black requirements of § 648.4(a)(8) in violation sea bass dealer permit. of a notice of restriction published (8) Carry passengers for hire, or carry under § 648.162; more than three crew members for a (4) Fish in the EEZ under a permit charter boat or five crew members for meeting the requirements of a party boat, while fishing commer- § 648.4(a)(8) during a closure under cially pursuant to a black sea bass § 648.163; or moratorium permit. (5) Sell any Atlantic bluefish har- (9) Possess, retain or land black sea vested from the EEZ unless that person bass harvested in or from the EEZ in has a permit that meets the require- excess of the commercial trip limit es- ments of § 648.4(a)(8). tablished pursuant to § 648.140. (x) For purposes of this section, the (10) Land black sea bass for sale in following presumptions apply: any state south of North Carolina. (1) Surf clams and ocean quahogs. (i) (11) Possess black sea bass harvested Possession of surf clams or ocean qua- in or from the EEZ north or south of hogs on the deck of any fishing vessel 35°15.3′ N. lat. after the effective date of in closed areas, or the presence of any the notification published in the FED- part of a vessel’s gear in the water in ERAL REGISTER stating that the com- closed areas, or the presence of any mercial quarterly quota has been har- part of a vessel’s gear in the water vested and the EEZ is closed to the more than 12 hours after an announce- harvest of black sea bass. ment closing the entire fishery be- (v) It is unlawful for the owner and comes effective, is prima facie evidence operator of a party or charter boat is- that such vessel was fishing in viola- sued a black sea bass permit (including tion of the provisions of the Magnuson a moratorium permit), when the boat Act and these regulations.
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(ii) Surf clams or ocean quahogs such fish were harvested by a vessel landed from a trip for which notifica- not issued a permit under this part and tion was provided under § 648.15(b) or fishing exclusively within state waters. § 648.70(b) are deemed to have been har- This presumption does not apply to vested in the EEZ and count against fish being sorted on deck. the individual’s annual allocation. (5) Mackerel, squid, and butterfish. All (iii) Surf clams or ocean quahogs mackerel and butterfish possessed on found in cages without a valid state board a party or charter boat issued a tag are deemed to have been harvested mackerel, squid, and butterfish fishery in the EEZ and to be part of an individ- permit are deemed to have been har- ual’s allocation, unless such individual vested from the EEZ. demonstrates that he/she has surren- (6) Scup. All scup possessed on board dered his/her surf clam and ocean qua- a party or charter boat issued a permit hog vessel permit issued under § 648.4 under § 648.4 are deemed to have been and has conducted fishing operations harvested from the EEZ. exclusively within waters under the ju- (7) Black sea bass. All black sea bass risdiction of any state. Surf clams and possessed on board a party or charter ocean quahogs in cages with a Federal boat issued a permit under tag or tags, issued and still valid pur- § 648.4(a)(7)(ii) are deemed to have been suant to this section, affixed thereto harvested from U.S. waters of the west- are deemed to have been harvested by ern Atlantic Ocean from 35°15.3′ N. lat., the individual allocation holder to the latitude of Cape Hatteras Light, whom the tags were issued or trans- NC, northward to the U.S.-Canada bor- ferred under § 648.(70) or § 648.75(b). der. (2) Scallops. Scallops that are pos- [61 FR 34968, July 3, 1996, as amended at 61 sessed or landed at or prior to the time FR 39910, July 31, 1996; 61 FR 43426, Aug. 23, when the scallops are received by a 1996; 61 FR 53866, Oct. 16, 1996; 61 FR 55776, dealer, or scallops that are possessed Oct. 29, 1996; 61 FR 56126, Oct. 31, 1996; 61 FR by a dealer, are deemed to be harvested 58466, Nov. 15, 1996; 62 FR 1831, Jan. 14, 1997; from the EEZ, unless the preponder- 62 FR 9379, Mar. 3, 1997; 62 FR 10748, Mar. 10, ance of all submitted evidence dem- 1997; 62 FR 13300, Mar. 20, 1997; 62 FR 14647, onstrates that such scallops were har- Mar. 27, 1997; 62 FR 15386, Apr. 1, 1997; 62 FR 18300, Apr. 15, 1997; 62 FR 27984, May 22, 1997; vested by a vessel without a scallop 62 FR 28642, May 27, 1997; 62 FR 37156, July 11, permit and fishing exclusively for scal- 1997; 62 FR 49148, Sept. 19, 1997] lops in state waters. EFFECTIVE DATE NOTE: At 62 FR 1831, Jan. (3) Summer flounder. All summer 14, 1997, § 648.14 was amended by adding para- flounder possessed aboard a party or graph (a)(96), effective Feb. 13, 1997 through charter boat issued a summer flounder July 15, 1998. At 62 FR 27984, May 22, 1997, permit are deemed to have been har- paragraph (a)(96) was redesignated as para- vested from the EEZ. graph (a)(97). (4) NE multispecies. (i) Regulated spe- cies possessed for sale that do not meet § 648.15 Facilitation of enforcement. the minimum sizes specified in § 648.83 (a) General. See § 600.504 of this chap- for sale are deemed to have been taken ter. or imported in violation of these regu- (b) Special notification requirements ap- lations, unless the preponderance of all plicable to surf clam and ocean quahog submitted evidence demonstrates that vessel owners and operators. (1) Vessel such fish were harvested by a vessel owners or operators are required to call not issued a permit under this part and the NMFS Office of Law Enforcement fishing exclusively within state waters. nearest to the point of offloading (con- This presumption does not apply to tact the Regional Administrator for lo- fish being sorted on deck. cations and phone numbers) and accu- (ii) Regulated species possessed for rately provide the following informa- sale that do not meet the minimum tion prior to the departure of their ves- sizes specified in § 648.83 for sale are sel from the dock to fish for surf clams deemed taken from the EEZ or im- or ocean quahogs in the EEZ: Name of ported in violation of these regula- the vessel; NMFS permit number as- tions, unless the preponderance of all signed to the vessel; expected date and submitted evidence demonstrates that time of departure from port; whether
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the trip will be directed on surf clams (a) Mackerel—that quantity of mack- or ocean quahogs; expected date, time, erel that is less than or equal to the al- and location of landing; and name of lowable biological catch (ABC) in U.S. the individual providing notice. waters specified pursuant to § 648.21. (2) Owners or operators that have (b) Loligo—the catch associated with given notification of a fishing trip a fishing mortality rate of Fmax. under this paragraph (b) who decide to (c) Illex —the catch associated with a cancel or postpone the trip prior to de- fishing mortality rate of F20. parture must immediately provide no- (d) Butterfish—the catch associated tice of cancellation by telephone to the with a fishing mortality rate of FMSY. Office of Law Enforcement to which [61 FR 34968, July 3, 1996, as amended at 62 the original notification was provided. FR 8637, Feb. 26, 1997] A separate notification shall be pro- vided for the next fishing trip. Owners § 648.21 Procedures for determining or operators that discontinue a fishing initial annual amounts. trip in the EEZ must immediately pro- (a) Initial recommended annual speci- vide notice of discontinuance by tele- fications. The Atlantic Mackerel, phone to the Office of Law Enforce- Squid, and Butterfish Monitoring Com- ment to which the original notification mittee (Monitoring Committee) shall was provided. The owner or operator meet annually to develop and rec- providing notice of discontinuance ommend the following specifications shall advise of any changes in landing for consideration by the Mackerel, time or port of landing. The owner or Squid, and Butterfish Committee of the operator discontinuing a fishing trip in MAFMC: (1) Initial OY (IOY), domestic the EEZ must return to port and off- annual harvest (DAH), and domestic load any surf clams or ocean quahogs annual processing (DAP) for the squids; prior to commencing fishing operations (2) IOY, DAH, DAP, and bycatch level in the waters under the jurisdiction of of the total allowable level of foreign any state. fishing (TALFF), if any, for butterfish; and (3) IOY, DAH, DAP, joint venture (3) The vessel permits, the vessel, its processing (JVP), if any, and TALFF, if gear, and catch shall be subject to in- any, for mackerel. The Monitoring spection upon request by an authorized Committee may also recommend that officer. certain ratios of TALFF, if any, for (c) Radio hails. Permit holders, while mackerel to purchases of domestic har- underway, must be alert for commu- vested fish and/or domestic processed nication conveying enforcement in- fish be established in relation to the structions and immediately answer via initial annual amounts. VHF-FM radio, channel 16 when hailed (b) Guidelines. As the basis for its rec- by an authorized officer. Vessels not ommendations under paragraph (a) of required to have VHF-FM radios by the this section, the Monitoring Commit- Coast Guard are exempt from this re- tee shall review available data pertain- quirement. ing to: Commercial and recreational [61 FR 34968, July 3, 1996, as amended at 62 landings, discards, current estimates of FR 14648, Mar. 27, 1997] fishing mortality, stock status, the most recent estimates of recruitment, § 648.16 Penalties. virtual population analysis results, lev- See § 600.735. els of noncompliance by harvesters or individual states, impact of size/mesh regulations, results of a survey of do- Subpart B—Management Meas- mestic processors and joint venture op- ures for the Atlantic Mackerel, erators of estimated mackerel process- Squid, and Butterfish Fisheries ing capacity and intent to use that ca- pacity, results of a survey of fisher- § 648.20 Maximum optimum yield men’s trade associations of estimated (OYs). mackerel harvesting capacity and in- The OYs specified pursuant to § 648.21 tent to use that capacity, and any during a fishing year may not exceed other relevant information. The speci- the following amounts: fications recommended pursuant to
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paragraph (a) of this section must be (G) Increases/decreases in U.S. har- consistent with the following: vesting productivity due to decreases/ (1) Squid. (i) The ABC for any fishing increases in foreign harvest. year must be either the maximum OY (H) Increases/decreases in U.S. proc- specified in § 648.20, or a lower amount, essing productivity. if stock assessments indicate that the (I) Potential impact of increased/de- potential yield is less than the maxi- creased TALFF on foreign purchases of mum OY. U.S. products and services and U.S.- (ii) IOY is a modification of ABC caught fish, changes in trade barriers, based on social and economic factors. technology transfer, and other consid- (2) Mackerel. (i) Mackerel ABC must erations. be calculated from the formula ABC = (3) Butterfish. (i) If the Monitoring S ¥ C ¥ T, where C is the estimated Committee’s review indicates that the catch of mackerel in Canadian waters stock cannot support a level of harvest for the upcoming fishing year; S is the equal to the maximum OY, the Mon- mackerel spawning stock size at the itoring Committee shall recommend beginning of the year for which quotas establishing an ABC less than the max- are specified; and T, which must be imum OY for the fishing year. This equal to or greater than 900,000 mt level represents the modification of (1,984,050,000 lb), is the spawning stock maximum OY to reflect biological and size that must be maintained in the ecological factors. If the stock is able year following the year for which to support a harvest level equivalent to quotas are specified. the maximum OY, the ABC must be set (ii) IOY is a modification of ABC, at that level. based on social and economic factors, (ii) IOY is a modification of ABC and must be less than or equal to ABC. based on social and economic factors. (iii) IOY is composed of DAH and The IOY is composed of a DAH and TALFF. DAH, DAP, and JVP must be bycatch TALFF that is equal to 0.08 projected by reviewing data from percent of the allocated portion of the sources specified in paragraph (a) of mackerel TALFF. this section and other relevant data, (c) Recommended measures. Based on including past domestic landings, pro- the review of the data described in jected amounts of mackerel necessary paragraph (a) of this section, the Mon- for domestic processing and for joint itoring Committee will recommend to ventures during the fishing year, pro- the Squid, Mackerel, and Butterfish jected recreational landings, and other Committee the measures it determines data pertinent for such a projection. are necessary to assure that the speci- The JVP component of DAH is the por- fications are not exceeded from the fol- tion of DAH that domestic processors lowing measures: either cannot or will not use. In addi- (1) Commercial quotas. tion, IOY is based on the criteria set (2) The amount of Loligo and forth in the Magnuson Act, specifically butterfish that may be retained, pos- section 201(e), and on the following eco- sessed and landed by vessels issued the nomic factors: incidental catch permit specified in (A) Total world export potential by § 648.4(a)(5). mackerel producing countries. (3) Commercial minimum fish sizes. (B) Total world import demand by (4) Commercial trip limits. mackerel consuming countries. (5) Commercial seasonal quotas/clo- (C) U.S. export potential based on ex- sures for Loligo and Illex. pected U.S. harvests, expected U.S. (6) Minimum mesh sizes. consumption, relative prices, exchange (7) Commercial gear restrictions. rates, and foreign trade barriers. (8) Recreational harvest limit. (D) Increased/decreased revenues to (9) Recreational minimum fish size. the United States from foreign fees. (10) Recreational possession limits. (E) Increased/decreased revenues to (11) Recreational season. U.S. harvesters (with/without joint (d) Annual fishing measures. (1) The ventures). Squid, Mackerel, and Butterfish Com- (F) Increased/decreased revenues to mittee shall review the recommenda- U.S. processors and exporters. tions of the Monitoring Committee.
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Based on these recommendations and sistent with the criteria set forth in any public comment received thereon, paragraph (b) of this section. the Squid, Mackerel, and Butterfish (e) Inseason adjustments. The speci- Committee shall recommend to the fications established pursuant to this MAFMC appropriate specifications and section may be adjusted by the Re- any measures necessary to assure that gional Administrator, in consultation the specifications will not be exceeded. with the MAFMC, during the fishing The MAFMC shall review these rec- year by publishing notification in the ommendations and based on the rec- FEDERAL REGISTER stating the reasons ommendations and any public com- for such an action and providing a 30- ment received thereon, the MAFMC day comment public comment period. shall recommend to the Regional Ad- [61 FR 34968, July 3, 1996, as amended at 62 ministrator appropriate specifications FR 8637, Feb. 26, 1997] and any measures necessary to assure that the specifications will not be ex- § 648.22 Closure of the fishery. ceeded. The MAFMC’s recommenda- (a) General. The Assistant Adminis- tions must include supporting docu- trator shall close the directed mack- mentation, as appropriate, concerning erel fishery in the EEZ when U.S. fish- the environmental, economic, and so- ermen have harvested 80 percent of the cial impacts of the recommendations. DAH of that fishery if such closure is The Regional Administrator shall re- necessary to prevent the DAH from view the recommendations, and on or being exceeded. The closure shall re- about November 1 of each year, shall main in effect for the remainder of the publish notification in the FEDERAL fishing year, with incidental catches allowed as specified in paragraph (c) of REGISTER proposing specifications and any measures necessary to assure that this section, until the entire DAH is at- tained. When the Regional Adminis- the specifications will not be exceeded trator projects that DAH will be at- and providing a 30-day public comment tained for mackerel, the Assistant Ad- period. If the proposed specifications ministrator shall close the mackerel differ from those recommended by the fishery in the EEZ, and the incidental MAFMC, the reasons for any dif- catches specified for mackerel in para- ferences shall be clearly stated and the graph (c) of this section will be prohib- revised specifications must satisfy the ited. The Assistant Administrator shall criteria set forth in this section. The close the directed fishery in the EEZ MAFMC’s recommendations shall be for Loligo, Illex, or butterfish when 95 available for inspection at the office of percent of DAH has been harvested. the Regional Administrator during the The closure of the directed fishery public comment period. shall be in effect for the remainder of (2) On or about December 15 of each the fishing year with incidental year, the Assistant Administrator will catches allowed as specified in para- make a final determination concerning graph (c) of this section. the specifications for each species and (b) Notification. Upon determining any measures necessary to assure that that a closure is necessary, the Assist- the specifications will not be exceeded ant Administrator will notify, in ad- contained in the FEDERAL REGISTER no- vance of the closure, the Executive Di- tification. After the Assistant Admin- rectors of the MAFMC, NEFMC, and istrator considers all relevant data and SAFMC; mail notification of the clo- any public comments, notification of sure to all holders of mackerel, squid, the final specifications and any meas- and butterfish fishery permits at least ures necessary to assure that the speci- 72 hours before the effective date of the fications will not be exceeded and re- closure; provide adequate notice of the sponses to the public comments will be closure to recreational participants in published in the FEDERAL REGISTER. If the fishery; and publish notification of the final specification amounts differ closure in the FEDERAL REGISTER. from those recommended by the (c) Incidental catches. During the clo- MAFMC, the reason(s) for the dif- sure of the directed fishery for mack- ference(s) must be clearly stated and erel, the trip limit for mackerel is 10 the revised specifications must be con- percent by weight of the total amount
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of fish on board. During a period of clo- not to have been in recent use and that sure of the directed fishery for Loligo, is stowed in conformance with one of Illex, or butterfish, the trip limit for the following methods is considered to Loligo and butterfish is 2,500 lb (1.13 mt) be not available for immediate use: each, and the trip limit for Illex is 5,000 (1) Below deck stowage. (i) It is stored lb (2.27 mt). below the main working deck from which it is deployed and retrieved; [61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997] (ii) The towing wires, including the leg wires, are detached from the net; § 648.23 Gear restrictions. and (a) Mesh restrictions and exemptions. (iii) It is fan-folded (flaked) and Owners or operators of otter trawl ves- bound around its circumference. sels possessing Loligo harvested in or (2) On-deck stowage. (i) It is fan-folded from the EEZ may only fish with nets (flaked) and bound around its circum- ference; having a minimum mesh size of 17⁄8 inches (48 mm) diamond mesh, inside (ii) It is securely fastened to the deck stretch measure, applied throughout or rail of the vessel; and the entire net, unless they are fishing (iii) The towing wires, including the during the months of June, July, Au- leg wires, are detached from the net. gust, and September for Illex seaward (3) On-reel stowage. (i) It is on a reel of the following coordinates (copies of and its entire surface is covered with a map depicting this area are available canvas or other similar material that from the Regional Administrator upon is securely bound; request): (ii) The towing wires are detached from the net; and Point N. Lat. W. Long. (iii) The codend is removed and stored below deck. M1 ...... 43°58.0′ 67°22.0′ M2 ...... 43°50.0′ 68°35.0′ (4) Other methods of stowage. Any M3 ...... 43°30.0′ 69°40.0′ other method of stowage authorized in M4 ...... 43°20.0′ 70°00.0′ writing by the Regional Administrator M5 ...... 42°45.0′ 70°10.0′ M6 ...... 42°13.0′ 69°55.0′ and subsequently published in the FED- M7 ...... 41°00.0′ 69°00.0′ ERAL REGISTER. M8 ...... 41°45.0′ 68°15.0′ (c) Mesh obstruction or constriction. ° ′ ° ′ M9 ...... 42 10.0 67 10.0 The owner or operator of a fishing ves- M10 ...... 41°18.6′ 66°24.8′ M11 ...... 40°55.5′ 66°38.0′ sel shall not use any combination of M12 ...... 40°45.5′ 68°00.0′ mesh or liners that effectively de- M13 ...... 40°37.0′ 68°00.0′ creases the mesh size below the mini- M14 ...... 40°30.0′ 69°00.0′ M15 ...... 40°22.7′ 69°00.0′ mum mesh size, except that a liner M16 ...... 40°18.7′ 69°40.0′ may be used to close the opening cre- M17 ...... 40°21.0′ 71°03.0′ ated by the rings in the rearmost por- M18 ...... 39°41.0′ 72°32.0′ M19 ...... 38°47.0′ 73°11.0′ tion of the net, provided the liner ex- M20 ...... 38°04.0′ 74°06.0′ tends no more than 10 meshes forward M21 ...... 37°08.0′ 74°46.0′ of the rearmost portion of the net. M22 ...... 36°00.0′ 74°52.0′ M23 ...... 35°45.0′ 74°53.0′ (d) Net obstruction or constriction. The M24 ...... 35°28.0′ 74°52.0′ owner or operator of a fishing vessel shall not use any device, gear, or mate- Vessels fishing under this exemption rial, including, but not limited to, nets, may not have available for immediate net strengtheners, ropes, lines, or chaf- use, as defined in paragraph (b) of this ing gear, on the top of the regulated section, any net, or any piece of net, portion of a trawl net that results in an with a mesh size less than 17⁄8 inches (48 effective mesh opening of less than 17⁄8 mm) diamond mesh or any net, or any inches (48 mm) diamond mesh, inside piece of net, with mesh that is rigged stretch measure. Net strengtheners in a manner that is inconsistent with (covers), splitting straps and/or bull such minimum mesh size, when the ropes or wire may be used, provided vessel is landward of the specified co- they do not constrict the top of the ordinates. regulated portion of the net to less (b) Definition of ‘‘not available for im- than an effective mesh opening of 17⁄8 mediate use.’’ A net that can be shown inches (48 mm), diamond mesh, inside
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stretch measure. Net strengtheners dealer or person acting in the capacity (covers) may not have an effective of a dealer as follows: An authorized of- mesh opening of less than 4.5 inches ficer will take samples of 40 scallops (11.43 cm), diamond mesh, inside each, at random, from the total stretch measure. ‘‘Top of the regulated amount of scallops in possession. The portion of the net’’ means the 50 per- person in possession of the scallops cent of the entire regulated portion of may request that as many as 10 sam- the net that (in a hypothetical situa- ples (400 scallops) be examined as a tion) would not be in contact with the sample group. A sample group fails to ocean bottom during a tow if the regu- comply with the standard if more than lated portion of the net were laid flat 10 percent of all scallops sampled are on the ocean floor. For the purpose of less than the shell height specified. The this paragraph (d), head ropes are not total amount of scallops in possession to be considered part of the top of the will be deemed in violation of this sub- regulated portion of a trawl net. part and subject to forfeiture, if the [61 FR 34968, July 3, 1996, as amended at 62 sample group fails to comply with the FR 14648, Mar. 27, 1997] standard. All scallops will be subject to inspection and enforcement, in accord- Subpart C—Management ance with these compliance and sam- Measures for Atlantic Salmon pling procedures, up to and including the time when a dealer receives or pos- § 648.40 Prohibition on possession. sesses scallops for a commercial pur- (a) Incidental catch. All Atlantic pose. salmon caught incidental to a directed fishery for other species in the EEZ § 648.51 Gear and crew restrictions. must be released in such a manner as (a) Trawl vessel gear restrictions. Trawl to insure maximum probability of sur- vessels in possession of more than 40 lb vival. (18.14 kg) of shucked, or 5 bu (176.2 L) of (b) Presumption. The possession of At- in-shell scallops, trawl vessels fishing lantic salmon is prima facie evidence for scallops, and trawl vessels issued a that such Atlantic salmon were taken limited access scallop permit under in violation of this regulation. Evi- § 648.4(a)(2), while fishing under or sub- dence that such fish were harvested in ject to the DAS allocation program for state waters, or from foreign waters, or scallops and authorized to fish with or from aquaculture enterprises, will be possess on board trawl nets pursuant to sufficient to rebut the presumption. § 648.51(f), must comply with the follow- This presumption does not apply to ing: fish being sorted on deck. (1) Maximum sweep. The trawl sweep of nets in use by or available for imme- Subpart D—Management Meas- diate use, as specified in paragraph ures for the Atlantic Sea Scal- (a)(2)(iii) of this section, shall not ex- lop Fishery ceed 144 ft (43.9 m) as measured by the total length of the footrope that is di- § 648.50 Shell-height standard. rectly attached to the webbing of the (a) Minimum shell height. The mini- net. mum shell height for in-shell scallops (2) Net requirements—(i) Minimum mesh that may be landed, or possessed at or size. The mesh size for any scallop after landing, is 3.5 inches (89 mm). trawl net in all areas shall not be Shell height is a straight line measure- smaller than 5.5 inches (13.97 cm). ment from the hinge to the outermost (ii) Mesh stowage. Same as § 648.23(b). part of the shell, that is, the edge far- (iii) Measurement of mesh size. Mesh thest away from the hinge. size is measured by using a wedge- (b) Compliance and sampling. Compli- shaped gauge having a taper of 2 cm in ance with the minimum shell-height 8 cm and a thickness of 2.3 mm, in- standard will be determined by inspec- serted into the meshes under a pressure tion and enforcement at or after land- or pull of 5 kg. The mesh size is the av- ing, including the time when the scal- erage of the measurements of any se- lops are received or possessed by a ries of 20 consecutive meshes for nets
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having 75 or more meshes, and 10 con- parts may be on board the vessel such secutive meshes for nets having fewer that they do not conform with the defi- than 75 meshes. The mesh in the regu- nition of ‘‘dredge or dredge gear’’ in lated portion of the net will be meas- § 648.2, i.e., the metal ring bag and the ured at least five meshes away from mouth frame, or bail, of the dredge are the lacings running parallel to the long not attached, and such that no more axis of the net. than one complete spare dredge could (3) Chafing gear and other gear obstruc- be made from these components parts. tions—(i) Net obstruction or constriction. (2) Minimum mesh size. (i) The mesh A fishing vessel may not use any device size of net material on the top of a or material, including, but not limited scallop dredge in use by or in posses- to, nets, net strengtheners, ropes, sion of such vessels shall not be small- lines, or chafing gear, on the top of a er than 5.5 inches (13.97 cm). trawl net, except that one splitting (ii) Mesh size is measured as provided strap and one bull rope (if present), in paragraph (a)(2)(iii) of this section. consisting of line and rope no more (3) Minimum ring size. (i) The inside than 3 inches (7.62 cm) in diameter, ring size of a scallop dredge in use by may be used if such splitting strap and/ or in possession of such vessels shall or bull rope does not constrict in any not be smaller than 3.5 inches (89 mm). manner the top of the trawl net. ‘‘The (ii) Ring size is determined by meas- top of the trawl net’’ means the 50 per- uring the shortest straight line passing cent of the net that (in a hypothetical through the center of the ring from one situation) would not be in contact with inside edge to the opposite inside edge the ocean bottom during a tow if the of the ring. The measurement shall not net were laid flat on the ocean floor. include normal welds from ring manu- For the purpose of this paragraph facturing or links. The rings to be (a)(3), head ropes shall not be consid- measured will be at least five rings ered part of the top of the trawl net. away from the mouth, and at least two (ii) Mesh obstruction or constriction. A rings away from other rigid portions of fishing vessel may not use any mesh the dredge. configuration, mesh construction, or (4) Chafing gear and other gear obstruc- other means on or in the top of the net, tions—(i) Chafing gear restrictions. No as defined in paragraph (a)(3)(i) of this chafing gear or cookies shall be used on section, if it obstructs the meshes of the top of a scallop dredge. the net in any manner. (ii) Link restrictions. No more than (iii) A fishing vessel may not use or double links between rings shall be possess a net capable of catching scal- used in or on all parts of the dredge lops in which the bars entering or bag, except the dredge bottom. No exiting the knots twist around each more than triple linking shall be used other. in or on the dredge bottom portion and (b) Dredge vessel gear restrictions. All the diamonds. Damaged links that are dredge vessels fishing for or in posses- connected to only one ring, i.e., ‘‘hang- sion of more than 40 lb (18.14 kg) of ers,’’ are allowed, unless they occur be- shucked, or 5 bu (176.2 L) of in-shell tween two links that both couple the scallops, and all dredge vessels issued a same two rings. Dredge rings may not limited access scallop permit and fish- be attached via links to more than four ing under the DAS Program, with the adjacent rings. Thus, dredge rings must exception of hydraulic clam dredges be rigged in a configuration such that, and mahogany quahog dredges in pos- when a series of adjacent rings are held session of 400 lb (181.44 kg) of scallops, horizontally, the neighboring rings or less, must comply with the following form a pattern of horizontal rows and restrictions: vertical columns. (A copy of a diagram (1) Maximum dredge width. The com- showing a schematic of a legal dredge bined dredge width in use by or in pos- ring pattern is available upon request session on board such vessels shall not to the Office of the Regional Adminis- exceed 31 ft (9.4 m) measured at the trator). widest point in the bail of the dredge, (iii) Dredge or net obstructions. No ma- except as provided under paragraph (e) terial, device, net, dredge, ring, or link of this section. However, component configuration or design shall be used if
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it results in obstructing the release of sional category may request, in the ap- scallops that would have passed plication for the vessel’s annual per- through a legal sized and configured mit, to be placed in one category high- net and dredge, as described in this er. Vessel owners making such request part, that did not have in use any such will be placed in the appropriate cat- material, device, net, dredge, ring link egory for the entire year, if they agree configuration or design. to comply with the following restric- (iv) Twine top restrictions. Vessels is- tions, in addition to and notwithstand- sued limited access scallop permits ing other restrictions of this part, that are fishing for scallops under the when fishing under the DAS program DAS Program are also subject to the described in § 648.53, or in possession of following restrictions: more than 400 lb (181.44 kg) of shucked, (A) If a vessel is rigged with more or 50 bu (17.62 hl) of in-shell scallops: than one dredge, or if rigged with only (1) The vessel must fish exclusively one dredge, such dredge is greater than with one dredge no more than 10.5 ft 8 ft (2.44 m) in width, there must be at (3.2 m) in width. least seven rows of non-overlapping (2) The vessel may not have more steel rings unobstructed by netting or than one dredge on board or in use. any other material, between the ter- (3) The vessel may have no more than minus of the dredge (club stick) and five people, including the operator, on the net material on the top of the board. dredge (twine top). (f) Restrictions on use of trawl nets—(1) (B) For vessels rigged with only one dredge, and such dredge is less than 8 ft Prohibition on use of trawl nets. A vessel (2.44 m) in width, there must be at issued a limited access scallop permit least four rows of non-overlapping steel fishing for scallops under the scallop rings unobstructed by netting or any DAS allocation program may not fish other material between the club stick with, possess on board, or land scallops and the twine top of the dredge. (A while in possession of, trawl nets un- copy of a diagram showing a schematic less such vessel has on board a valid of a legal dredge with twine top is letter of authorization or permit en- available from the Regional Adminis- dorsed to fish for scallops with trawl trator upon request). nets. (c) Crew restrictions. Limited access (2) Eligibility to use trawl nets. (i) A vessels participating in or subject to vessel is eligible for a letter of author- the scallop DAS allocation program ization or a permit endorsement to fish may have no more than seven people for scallops with trawl nets if the ves- aboard, including the operator, when sel: not docked or moored in port, unless (A) Has not fished for scallops with a participating in the small dredge pro- scallop dredge after December 31, 1987, gram specified in paragraph (e) of this and, as of July 19, 1996, has a letter of section, or otherwise authorized by the authorization or permit endorsed to Regional Administrator. fish for scallops with trawl nets; (d) Sorting and shucking machines. (1) (B) Has fished for scallops with a Shucking machines are prohibited on scallop dredge on no more than 10 trips all limited access vessels fishing under from January 1, 1988, through Decem- the scallop DAS program or any vessel ber 31, 1994, has an engine horsepower in possession of more than 400 lb (181.44 no greater than 450, and is eligible for kg) of scallops, unless the vessel has or has been issued a 1996 limited access not been issued a limited access scallop scallop permit (if the vessel does not permit and fishes exclusively in state obtain a letter of authorization or a waters. permit endorsed to fish for scallops (2) Sorting machines are prohibited with trawl nets for the 1996–97 scallop on limited access vessels fishing under fishing year, the vessel shall not be eli- the scallop DAS program that shuck gible under this provision for subse- scallops at sea. quent fishing years); or (e) Small dredge program restrictions. (C) Is a replacement vessel for a ves- Any vessel owner whose vessel is as- sel described in paragraph (f)(2)(i)(A) or signed to either the part-time or occa- (B) of this section.
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(ii) NMFS will contact the owners of or 50 bu (17.62 hl) of in-shell scallops all vessels with limited access scallop with not more than one scallop trip al- permits that have not previously been lowable in any calendar day. issued a letter of authorization or per- (b) Owners or operators of vessels mit endorsed to fish for scallops with without a scallop permit, except ves- trawl nets as to whether, based on in- sels fishing for scallops exclusively in formation available to NMFS on July state waters, are prohibited from pos- 19, 1996, their vessels are eligible under sessing or landing per trip, more than paragraph (f)(2)(i)(B) of this section for 40 lb (18.14 kg) of shucked, or 5 bu (176.2 a letter of authorization or permit en- L) of in-shell scallops. Owners or opera- dorsed to fish for scallops with trawl tors of vessels without a scallop permit nets. If a vessel owner agrees with are prohibited from selling, bartering, NMFS’ determination that the vessel is or trading scallops harvested from Fed- eligible under paragraph (f)(2)(i)(B) of eral waters. this section to fish for scallops with [61 FR 34968, July 3, 1996, as amended at 62 trawl nets, the owner must, within 30 FR 37156, July 11, 1997] days of receipt of the determination, sign and submit to NMFS a declara- § 648.53 DAS allocations. tion, provided by NMFS, stating that (a) Assignment to DAS categories. For the vessel has fished for scallops with a each fishing year, each vessel issued a scallop dredge on no more than 10 trips limited access scallop permit shall be from January 1, 1988, through Decem- assigned to the DAS category (full- ber 31, 1994, and has an engine with no time, part-time, or occasional) it was greater than 450 horsepower. The assigned to in the proceeding year. signed declaration shall serve as a re- Limited access scallop permits will in- buttable presumption that the vessel dicate which category the vessel is as- qualifies for a letter of authorization signed to. Vessels are prohibited from or permit endorsement to fish for scal- fishing for, landing per trip, or possess- lops with trawl nets. Any replacement ing more than 400 lb (181.44 kg) of vessel must meet the limitations on shucked, or 50 bu (17.62 hl) of in-shell fishing for scallops with scallop scallops once their allocated number of dredges that the vessel it is replacing DAS, as specified under paragraph (b) met. The letter of authorization or per- of this section, are used up. mit endorsement must be requested by (b) DAS allocations. Each vessel quali- the vessel owner at the time the vessel fying for one of the three categories owner initially applies for a permit for specified in paragraph (a) of this sec- the replacement vessel. tion shall be allocated, annually, the [61 FR 34968, July 3, 1996, as amended at 61 maximum number of DAS it may par- FR 38405, July 24, 1996; 62 FR 14648, Mar. 27, ticipate in the limited access scallop 1997] fishery, according to its category. A vessel whose owner/operator has de- § 648.52 Possession limits. clared it out of the scallop fishery, pur- (a) Owners or operators of vessels suant to the provisions of § 648.10, or with a limited access scallop permit has used up its allocated DAS may that have declared out of the DAS pro- leave port without being assessed a gram as specified in § 648.10, or that DAS, as long as it does not possess or have used up their DAS allocations, land more than 400 lb (181.44 kg) of and vessels possessing a General scal- shucked or 50 bu (17.62 hl) of in-shell lop permit, unless exempted under the scallops and complies with the other state waters exemption program de- requirements of this part. The annual scribed under § 648.54, are prohibited allocations of DAS for each category of from possessing or landing per trip vessel for the fishing years indicated more than 400 lb (181.44 kg) of shucked, are as follows:
1995±96 1998±99 DAS category and 1997±98 and 2000+ 1996±97 1999±2000
Full-time ...... 182 164 142 120 Part-time ...... 82 66 57 48
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1995±96 1998±99 DAS category and 1997±98 and 2000+ 1996±97 1999±2000
Occasional ...... 16 14 12 10
(c) Adjustments in annual DAS alloca- FMP, provided the vessel complies tions. Adjustments or changes in an- with paragraphs (c) through (f) of this nual DAS allocations, if required to section. meet fishing mortality reduction goals, (2) General permits. Any vessel issued may be made following a reappraisal a general scallop permit is exempt and analysis under the framework pro- from the gear restrictions specified in visions specified in § 648.55. § 648.51 (a), (b), and (e)(1) and (2) while (d) End-of-year carry-over. Limited ac- fishing exclusively landward of the cess vessels with unused DAS on the outer boundary of the waters of a state last day of February of any year may that has been determined by the Re- carry over a maximum of 10 DAS into gional Administrator under paragraph the next year. At no time may more (b)(3) of this section to have a scallop than 10 DAS be carried over. fishery and a scallop conservation pro- (e) Accrual of DAS. DAS shall accrue gram that does not jeopardize the fish- to the nearest minute. ing mortality/effort reduction objec- (f) Limited ac- Good Samaritan credit. tives of the Scallop FMP, provided the cess vessels fishing under the DAS pro- vessel complies with paragraphs (c) gram and that spend time at sea assist- through (f) of this section. ing in a USCG search and rescue oper- ation or assisting the USCG in towing (3) State eligibility for gear exemption. a disabled vessel, and that can docu- (i) A state is eligible to have vessels ment the occurrence through the fishing exclusively landward of the USCG, will not accrue DAS for the outer boundary of the waters of that time documented. state exempted from the gear require- ments specified in § 648.51 (a), (b), and [61 FR 34968, July 3, 1996, as amended at 62 (e) (1) and (e)(2), if it has a scallop fish- FR 14648, Mar. 27, 1997; 62 FR 15386, Apr. 1, ery and a scallop conservation program 1997] that does not jeopardize the fishing § 648.54 State waters exemption. mortality/effort reduction objectives of the Scallop FMP. (a) DAS exemption. Any vessel issued a limited access scallop permit is ex- (ii) The Regional Administrator shall empt from the DAS requirements spec- determine which states have a scallop ified in § 648.53(b) while fishing exclu- fishery and which of those states have sively landward of the outer boundary a scallop conservation program that of a state’s waters, provided the vessel does not jeopardize the fishing mortal- complies with paragraphs (c) through ity/effort reduction objectives of the (f) of this section. Scallop FMP. (b) Gear restriction exemption—(1) Lim- (iii) Maine, New Hampshire, and Mas- ited access permits. Any vessel issued a sachusetts have been determined by limited access scallop permit that is the Regional Administrator to have exempt from the DAS requirements of scallop fisheries and scallop conserva- § 648.53(b) under paragraph (a) of this tion programs that do not jeopardize section is also exempt from the gear re- the fishing mortality/effort reduction strictions specified in § 648.51 (a), (b), objectives of the Scallop FMP. These (e)(1) and (e)(2) while fishing exclu- states must immediately notify the Re- sively landward of the outer boundary gional Administrator of any changes in of the waters of a state that has been their respective scallop conservation deemed by the Regional Administrator program. The Regional Administrator under paragraph (b)(3) of this section will review these changes and, if a de- to have a scallop fishery and a scallop termination is made that the state’s conservation program that does not conservation program jeopardizes the jeopardize the fishing mortality/effort fishing mortality/effort reduction ob- reduction objectives of the Scallop jectives of the Scallop FMP, or that
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the state no longer has a scallop fish- § 648.55 Framework specifications. ery, the Regional Administrator shall (a) Annually, upon request from the publish a final rule in the FEDERAL NEFMC, but at a minimum in the REGISTER amending this paragraph years 1996 and 1999, the Regional Ad- (b)(3)(iii) to eliminate the exemption ministrator will provide the NEFMC for that state. The Regional Adminis- with information on the status of the trator may determine that other states scallop resource. have scallop fisheries and scallop con- (b) Within 60 days of receipt of that servation programs that do not jeop- information, the NEFMC PDT shall as- ardize the fishing mortality/effort re- sess the condition of the scallop re- duction objectives of the Scallop FMP. source to determine the adequacy of In such case, the Regional Adminis- the total allowable DAS reduction trator shall publish a final rule in the schedule, described in § 648.53(b), to FEDERAL REGISTER amending this para- achieve the target fishing mortality graph (b)(3)(iii) to provide the exemp- rate. In addition, the PDT shall make a tion for such states. determination whether other resource (c) Notification requirements. Vessels conservation issues exist that require a fishing under the exemptions provided management response in order to meet by paragraph(s) (a) and/or (b)(1) of this the goals and objectives outlined in the section must notify the Regional Ad- Scallop FMP. The PDT shall report its ministrator in accordance with the findings and recommendations to the NEFMC. In its report to the NEFMC, provisions of § 648.10(e). the PDT shall provide the appropriate (d) Restriction on fishing in the EEZ. A rationale and economic and biological vessel fishing under a state water’s ex- analysis for its recommendation, uti- emption may not fish in the EEZ dur- lizing the most current catch, effort, ing that time. and other relevant data from the fish- (e) Duration of exemption. An exemp- ery. tion expires upon a change in the ves- (c) After receiving the PDT findings sel’s name or ownership. and recommendations, the NEFMC (f) Applicability of other provisions of shall determine whether adjustments this part. A vessel fishing under the ex- to, or additional management meas- emptions provided by paragraphs (a) ures are necessary to meet the goals and/or (b) of this section remains sub- and objectives of the Scallop FMP. ject to all other requirements of this After considering the PDT’s findings part. and recommendations, or at any other (g) Possession restriction exemption. time, if the NEFMC determines that Any vessel issued a limited access per- adjustments to, or additional manage- mit that is exempt under paragraph (a) ment measures are necessary, it shall of this section from the DAS require- develop and analyze appropriate man- ments of § 648.53(b), or any vessel issued agement actions over the span of at a general scallop permit is exempt least two NEFMC meetings. The from the possession restrictions speci- NEFMC shall provide the public with fied in § 648.52(a) while fishing exclu- advance notice of the availability of sively landward of the outer boundary both the proposals and the analyses, of the waters of a state that has been and opportunity to comment on them determined by the Regional Adminis- prior to and at the second NEFMC trator under paragraph (b)(3) of this meeting. The NEFMC’s recommenda- section to have a scallop fishery and a tion on adjustments or additions to scallop conservation program that does management measures must come not jeopardize the fishing mortality/ef- from one or more of the following cat- fort reduction objectives of the Scallop egories: (1) DAS changes. FMP, provided the vessel complies (2) Shell height. with paragraphs (c) through (f) of this (3) Offloading window reinstatement. section. (4) Effort monitoring. [61 FR 34968, July 3, 1996, as amended at 62 (5) Data reporting. FR 14649, Mar. 27, 1997; 62 FR 43470, Aug. 14, (6) Trip limits. 1997] (7) Gear restrictions.
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(8) Permitting restrictions. (4) Fixed gear marking and setting (9) Crew limits. practices. (10) Small mesh line. (5) Gear restrictions for specific areas (11) Onboard observers. (including time and area closures). (12) Any other management measures (6) Vessel monitoring systems. currently included in the FMP. (7) Restrictions on the maximum (d) The Council may make rec- number of fishing vessels or amount of ommendations to the Regional Admin- gear. istrator to implement measures in ac- (8) Special permitting conditions. cordance with the procedures described (e) The measures shall be evaluated in this subpart to address gear conflict and approved by the relevant commit- as defined under 50 CFR 600.10. In de- tees with oversight authority for the veloping such recommendation, the affected FMPs. If there is disagreement Council shall define gear management between committees, the Council may areas, each not to exceed 2700 mi2 return the proposed framework adjust- (5000.4 km2), and seek industry com- ment to the standing or ad hoc gear ments by referring the matter to its conflict committee for further review standing industry advisory committee and discussion. for gear conflict, or to any ad hoc in- (f) After developing management ac- dustry advisory committee that may tions and receiving public testimony, be formed. The standing industry advi- the NEFMC shall make a recommenda- sory committee or ad hoc committee tion to the Regional Administrator. on gear conflict shall hold public meet- The NEFMC’s recommendation must ings seeking comments from affected include supporting rationale and, if fishers and develop findings and rec- management measures are rec- ommendations on addressing the gear ommended, an analysis of impacts and conflict. After receiving the industry a recommendation to the Regional Ad- advisory committee findings and rec- ministrator on whether to publish the ommendations, or at any other time, management measures as a final rule. the Council shall determine whether it If the NEFMC recommends that the is necessary to adjust or add manage- management measures should be pub- ment measures to address gear con- lished as a final rule, the NEFMC must flicts and which FMPs must be modi- consider at least the following factors fied to address such conflicts. If the and provide support and analysis for Council determines that adjustments each factor considered: or additional measures are necessary, it shall develop and analyze appro- (1) Whether the availability of data priate management actions for the rel- on which the recommended manage- evant FMPs over the span of at least ment measures are based allows for two Council meetings. The Council adequate time to publish a proposed shall provide the public with advance rule, and whether regulations have to notice of the availability of the rec- be in place for an entire harvest/fishing ommendation, the appropriate jus- season. tification and economic and biological (2) Whether there has been adequate analyses, and opportunity to comment notice and opportunity for participa- on them prior to and at the second or tion by the public and members of the final Council meeting before submis- affected industry in the development of sion to the Regional Administrator. the NEFMC’s recommended manage- The Council’s recommendation on ad- ment measures. justments or additions to management (3) Whether there is an immediate measures for gear conflicts must come need to protect the resource or to im- from one or more of the following cat- pose management measures to resolve egories: gear conflicts. (1) Monitoring of a radio channel by (4) Whether there will be a continu- fishing vessels. ing evaluation of management meas- (2) Fixed gear location reporting and ures adopted following their promulga- plotting requirements. tion as a final rule. (3) Standards of operation when gear (g) If the NEFMC’s recommendation conflict occurs. includes adjustments or additions to
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management measures, and if, after re- pot gear and traps, longline gear, or viewing the NEFMC’s recommendation other gear is determined by the Re- and supporting information: gional Administrator as not likely to (1) The Regional Administrator con- interfere with the sea scallop aqua- curs with the NEFMC’s recommended culture research project in the Sea management measures and determines Scallop Experimental Area, and pro- that the recommended management vided such vessel has been issued an al- measures may be published as a final lowed gear permit (AGP) under para- rule based on the factors specified in graph (a)(4)(i) of this section; or paragraph (d) of this section, the ac- (ii) If such vessel has been issued an tion will be published in the FEDERAL experimental fishing permit (EFP) REGISTER as a final rule; or (2) The Regional Administrator con- under paragraph (a)(4)(i) of this section curs with the NEFMC’s recommenda- to participate in the sea scallop aqua- tion and determines that the rec- culture research project in the Sea ommended management measures Scallop Experimental Area. should be published first as a proposed (3) Transiting. Vessels that are not ex- rule, the action will be published as a empted from the prohibition against proposed rule in the FEDERAL REG- fishing within or transiting the Sea ISTER. After additional public com- Scallop Experimental Area under para- ment, if the Regional Administrator graph (a)(2) of this section may transit concurs with the NEFMC recommenda- such area provided their gear is stowed tion, the action will be published as a in accordance with the provisions of final rule in the FEDERAL REGISTER; or § 648.81(e). (3) The Regional Administrator does (4) Allowed gear and experimental fish- not concur, the NEFMC will be noti- ing permits—(i) Allowed gear permits. The fied, in writing, of the reasons for the Regional Administrator may issue an non-concurrence. AGP to any vessel to fish within and (h) Nothing in this section is meant transit the Sea Scallop Experimental to derogate from the authority of the Area with the gear specified in para- Secretary to take emergency action graphs (a)(2)(i) of this section. Vessels under section 305(e) of the Magnuson Act. issued an AGP may be required to move their gear within, or remove [61 FR 34968, July 3, 1996, as amended at 62 their gear from, the area upon notifica- FR 1404, Jan. 10, 1997] tion by the Regional Administrator § 648.56 Scallop research project. and must comply with any additional conditions and restrictions specified in (a)(1) Scallop experimental area. From the permit. February 13, 1997 through July 15, 1998, (ii) Experimental fishing permits. The no fishing vessel or person on a fishing vessel may fish within or transit, with Regional Administrator may issue an other than handgear, the area known EFP under the provisions of § 648.12, if as the Sea Scallop Experimental Area, consistent with the provisions of para- as defined by straight lines connecting graph (a)(4)(iv) of this section, to any the following points in the order stat- vessel participating in the sea scallop ed, except as provided for in paragraphs aquaculture research project to fish (a)(2) and (a)(3) of this section: within and transit the Sea Scallop Ex- perimental Area. Such an EFP may ex- Point Latitude Longitude empt such vessel from specific Federal 1 ...... 41°11.8′ N. 70°50′ W. fishing regulations which may inhibit 2 ...... 41°11.8′ N. 70°46′ W. or prevent that vessel from performing 3 ...... 41°08.8′ N. 70°46′ W. 4 ...... 41°08.8′ N. 70°50′ W. any activity necessary for project oper- ations such as regulations prohibiting (2) Exemptions. A fishing vessel and the use of non-conforming fishing gear persons on a fishing vessel may fish or the possession of scallops when not within or transit the Sea Scallop Ex- fishing under a DAS allocation. Vessels perimental Area: issued an EFP shall be exempted from (i) With pot gear and traps, longline DAS requirements as specified in the gear, or any other gear, provided such FMP for any trip in which the vessel
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engages exclusively in project activi- Subpart E—Management Meas- ties such as bottom surveying, biologi- ures for the Atlantic Surf Clam cal sampling, or use of non-regulated hand gear outside the Sea Scallop Ex- and Ocean Quahog Fisheries perimental Area. The EFP also may al- § 648.70 Annual individual allocations. locate and authorize the use of up to 2 additional DAS for project activities (a) General. (1) For each fishing year, relating to scallop seeding. Vessels is- the Regional Administrator shall de- sued an EFP must comply with all con- termine the allocation of surf clams ditions and restrictions specified in the and ocean quahogs for each vessel permit. owner issued an allocation for the pre- (iii) A vessel with an AGP or EFP ceding fishing year, by multiplying the must carry the permit on board the quotas specified for each species by the vessel while fishing in the Sea Scallop Regional Administrator under § 648.71 Experimental Area or participating in by the allocation percentage, specified the scallop aquaculture project. for that owner on the allocation permit (iv) The Regional Administrator may for the preceding fishing year, adjusted not issue an AGP or EFP unless he de- to account for any transfer pursuant to termines that issuance is consistent paragraph (b) of this section. These al- with the objectives of the FMP, the locations shall be made in the form of provisions of the Magnuson-Stevens an allocation permit specifying for Act, and other applicable law and will each species the allocation percentage not: and the allocation in bushels. Such per- (A) Have a detrimental effect on the mits shall be issued on or before De- sea scallop resource and fishery; cember 15, to the registered holders (B) Create significant enforcement who were assigned an allocation by No- problems; or vember 1. The total number of bushels (C) Have a detrimental effect on the of allocation shall be divided by 32 to scallop project. determine the appropriate number of (5) Application. An application for an cage tags to be issued or acquired AGP or EFP must be in writing to the under § 648.75. Amounts of allocation 0.5 Regional Administrator and be submit- or smaller created by this division ted at least 30 days before the desired shall be rounded downward to the near- effective date of the permit. The appli- est whole number and amounts of allo- cation must include, but is not limited cation greater than 0.5 created by this to, the following information: division shall be rounded upward to the (i) The date of application. nearest whole number so that alloca- (ii) The applicant’s name, current ad- tions are specified in whole cages. An dress, telephone number and fax num- allocation permit is only valid for the ber if applicable. entity for which it is issued. (iii) The current vessel name, owner (2) The Regional Administrator may, address, and telephone number. after publication of a fee notification (iv) The vessel’s Federal permit num- in the FEDERAL REGISTER, charge a per- ber. mit fee before issuance of the permit to (v) The USCG documentation num- recover administrative expenses. Fail- ber. ure to pay the fee will preclude issu- (vi) The species (target and inciden- ance of the permit. tal) expected to be harvested. (b) Transfers—(1) Allocation percent- (vii) The gear type, size, buoy colors, age. Subject to the approval of the Re- trap identification markings and gional Administrator, part or all of an amount of gear that will be used; and allocation percentage may be trans- exact time(s) fishing will take place in ferred, in amounts equivalent to not the Sea Scallop Experimental Area. less than 160 bu (8,500 L) (i.e., 5 cages) (viii) The signature of the applicant. in the year in which the transfer is (b) [Reserved] made, to any person eligible to own a [62 FR 1831, Jan. 14, 1997] documented vessel under the terms of EFFECTIVE DATE NOTE: At 62 FR 1831, Jan. 46 U.S.C. 12102(a). Approval of a trans- 14, 1997, § 648.56 was added, effective Feb. 13, fer by the Regional Administrator and 1997 through July 15, 1998. for a new allocation permit reflecting
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that transfer may be requested by sub- (C) Magnitude of incoming recruit- mitting a written application for ap- ment. proval of the transfer and for issuance (D) Projected effort and correspond- of a new allocation permit to the Re- ing catches. gional Administrator at least 10 days (E) Geographical distribution of the before the date on which the applicant catch relative to the geographical dis- desires the transfer to be effective, in tribution of the resource. the form of a completed transfer log (F) Status of areas previously closed supplied by the Regional Adminis- to surf clam fishing that are to be trator. The transfer is not effective opened during the year and areas likely until the new holder receives a new or to be closed to fishing during the year. revised annual allocation permit from (ii) The quota shall be set at that the Regional Administrator. An appli- amount that is most consistent with cation for transfer may not be made the objectives of the Atlantic Surf between October 15 and December 31 of Clam and Ocean Quahog FMP. The As- each year. sistant Administrator may set quotas (2) Cage tags. Cage tags issued pursu- at quantities different from the ant to § 648.75 may be transferred in MAFMC’s recommendations only if he/ quantities of not less than 5 tags at she can demonstrate that the any one time, subject to the restric- MAFMC’s recommendations violate tions and procedure specified in para- the national standards of the Magnu- graph (b)(1) of this section; provided son Act and the objectives of the At- that application for such cage tag lantic Surf Clam and Ocean Quahog transfers may be made at any time be- FMP. fore December 10 of each year and the (2) Report. Prior to the beginning of transfer is effective upon the receipt by each year, the Regional Administrator the transferee of written authorization shall prepare a written report, based on from the Regional Administrator. the latest available stock assessment (3) Review. If the Regional Adminis- report prepared by NMFS, data re- trator determines that the applicant ported by harvesters and processors ac- has been issued a Notice of Permit cording to these regulations, and other Sanction for a violation of the Magnu- relevant data. The report will include son Act that has not been resolved, he/ consideration of: she may decline to approve such trans- (i) Exploitable biomass and spawning fer pending resolution of the matter. biomass relative to OY. (ii) Fishing mortality rates relative § 648.71 Catch quotas. to OY. (a) Surf clams. The amount of surf (iii) Magnitude of incoming recruit- clams that may be caught annually by ment. fishing vessels subject to these regula- (iv) Projected effort and correspond- tions will be specified by the Assistant ing catches. Administrator, on or about December 1 (v) Status of areas previously closed of each year, within the range of 1.85 to to surf clams fishing that are to be 3.4 million bu (98.5 to 181 million L). opened during the year and areas likely (1) Establishing quotas. (i) Prior to the to be closed to fishing during the year. beginning of each year, the MAFMC, (vi) Geographical distribution of the following an opportunity for public catch relative to the geographical dis- comment, will recommend to the As- tribution of the resource. sistant Administrator quotas and esti- (3) Public review. Based on the infor- mates of DAH and DAP within the mation presented in the report, and in ranges specified. In selecting the consultation with the MAFMC, the As- quota, the MAFMC shall consider cur- sistant Administrator shall propose an rent stock assessments, catch reports, annual surf clam quota and an annual and other relevant information con- ocean quahog quota and shall publish cerning: them in the FEDERAL REGISTER. Com- (A) Exploitable and spawning bio- ments on the proposed annual quotas mass relative to the OY. may be submitted to the Regional Ad- (B) Fishing mortality rates relative ministrator within 30 days after publi- to the OY. cation. The Assistant Administrator
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shall consider all comments, determine tion or presence of hazardous materials the appropriate annual quotas, and or pollutants, they may be closed by publish the annual quotas in the FED- the Assistant Administrator in accord- ERAL REGISTER on or about December 1 ance with paragraph (c) of this section. of each year. The areas closed are: (b) Ocean quahogs. The amount of (1) Boston Foul Ground. The waste dis- ocean quahogs that may be caught by posal site known as the ‘‘Boston Foul fishing vessels subject to these regula- Ground’’ and located at 42°2′36″ N. lat., tions shall be specified annually by the 70°35′00″ W. long., with a radius of 1 nm Assistant Administrator, on or about in every direction from that point. December 1, within the range of 4 to 6 (2) New York Bight. The polluted area million bu (213 to 319.4 million L), fol- and waste disposal site known as the lowing the same procedures set forth in ‘‘New York Bight’’ and located at paragraph (a) of this section for surf 40°25′04″ N. lat., 73°42′38″ W. long., and clams. with a radius of 6 nm in every direction from that point, extending further § 648.72 Minimum surf clam size. northwestward, westward and south- (a) Minimum length. The minimum westward between a line from a point length for surf clams is 4.75 inches on the arc at 40°31′00″ N. lat., 73°43′38″ (12.065 cm). W. long., directly northward toward (b) Determination of compliance. No Atlantic Beach Light in New York to more than 50 surf clams in any cage the limit of the state territorial waters may be less than 4.75 inches (12.065 cm) of New York; and a line from the point in length. If more than 50 surf clams in on the arc at 40°19′48″ N. lat., 73°45′42″ any inspected cage of surf clams are W. long., to a point at the limit of the less than 4.75 inches (12.065 cm) in state territorial waters of New Jersey length, all cages landed by the same at 40°14′00″ N. lat., 73°55′42″ W. long. vessel from the same trip are deemed (3) 106 Dumpsite. The toxic industrial to be in violation of the minimum size site known as the ‘‘106 Dumpsite″ and restriction. located between 38°40′00″ and 39°00′00″ N. (c) Suspension. Upon the rec- lat., and between 72°00′00″ and 72°30′00″ ommendation of the MAFMC, the Re- W. long. gional Administrator may suspend an- (b) Areas closed because of small surf nually, by publication in the FEDERAL clams. Areas may be closed because REGISTER, the minimum shell-height they contain small surf clams. standard, unless discard, catch, and (1) Closure. The Assistant Adminis- survey data indicate that 30 percent of trator may close an area to surf clams the surf clams are smaller than 4.75 and ocean quahog fishing if he/she de- inches (12.065 cm) and the overall re- termines, based on logbook entries, duced shell height is not attributable processors’ reports, survey cruises, or to beds where the growth of individual other information, that the area con- surf clams has been reduced because of tains surf clams of which: density dependent factors. (i) Sixty percent or more are smaller (d) Measurement. Length is measured than the minimum size (4.5 inches at the longest dimension of the surf (11.43 cm)); and clam shell. (ii) Not more than 15 percent are larger than 5.5 inches (13.97 cm) in size. § 648.73 Closed areas. (2) Reopening. The Assistant Adminis- (a) Areas closed because of environ- trator may reopen areas or parts of mental degradation. Certain areas are areas closed under paragraph (b)(1) of closed to all surf clam and ocean qua- this section if he/she determines, based hog fishing because of adverse environ- on survey cruises or other information, mental conditions. These areas will re- that: main closed until the Assistant Admin- (i) The average length of the domi- istrator determines that the adverse nant (in terms of weight) size class in environmental conditions no longer the area to be reopened is equal to or exist. If additional areas are identified greater than 4.75 inches (12.065 cm); or by the Assistant Administrator as (ii) The yield or rate of growth of the being contaminated by the introduc- dominant shell-height class in the area
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to be reopened would be significantly (2) Any vessel owner may apply in enhanced through selective, controlled, writing to the Regional Administrator or limited harvest of surf clams in the to shuck surf clams or ocean quahogs area. at sea. The application shall specify: (c) Procedure. (1) The Regional Ad- Name and address of the applicant, per- ministrator may hold a public hearing mit number of the vessel, method of on the proposed closure or reopening of calculating the amount of surf clams any area under paragraph (a) or (b) of or ocean quahogs harvested in the this section. The Assistant Adminis- shell, vessel dimensions and accom- trator shall publish notification in the modations, and length of fishing trip. FEDERAL REGISTER of any proposed (3) The Regional Administrator shall area closure or reopening, including provide an observer to any vessel any restrictions on harvest in a re- owner whose application is approved. opened area. Comments on the pro- The owner shall pay all reasonable ex- posed closure or reopening may be sub- penses of carrying the observer on mitted to the Regional Administrator board the vessel. within 30 days after publication. The (4) Any observer shall certify at the Assistant Administrator shall consider end of each trip the amount of surf all comments and publish the final no- clams or ocean quahogs harvested in tification of closure or reopening, and the shell by the vessel. Such certifi- any restrictions on harvest, in the FED- cation shall be made by the observer’s ERAL REGISTER. Any adjustment to signature on the daily fishing log re- harvest restrictions in a reopened area quired by § 648.7. shall be made by notification in the (b) Conversion factor. (1) Based on the FEDERAL REGISTER. The Regional Ad- recommendation of the MAFMC, the ministrator shall send notice of any ac- Regional Administrator may allow tion under this paragraph (c)(1) to each shucking at sea of surf clams or ocean surf clam and ocean quahog processor quahogs, with or without an observer, and to each surf clam and ocean qua- if he/she determines a conversion fac- hog permit holder. tor for shucked meats to calculate ac- (2) If the Regional Administrator de- curately the amount of surf clams or termines, as the result of testing by ocean quahogs harvested in the shell. state, Federal, or private entities, that (2) The Regional Administrator shall a closure of an area under paragraph publish notification in the FEDERAL (a) of this section is necessary to pre- REGISTER specifying a conversion fac- vent any adverse effects fishing may tor together with the data used in its have on the public health, he/she may calculation for a 30-day comment pe- close the area for 60 days by publica- riod. After consideration of the public tion of notification in the FEDERAL comments and any other relevant data, REGISTER, without prior comment or the Regional Administrator may pub- public hearing. If an extension of the lish final notification in the FEDERAL 60-day closure period is necessary to REGISTER specifying the conversion protect the public health, the hearing factor. and notice requirements of paragraph (3) If the Regional Administrator (c)(1) of this section shall be followed. makes the determination specified in [61 FR 34968, July 3, 1996, as amended at 62 paragraph (b)(1) of this section, he/she FR 14649, Mar. 27, 1997; 62 FR 37156, July 11, may authorize the vessel owner to 1997] shuck surf clams or ocean quahogs at sea. Such authorization shall be in § 648.74 Shucking at sea. writing and be carried aboard the ves- (a) Observers. (1) The Regional Ad- sel. ministrator may allow the shucking of surf clams or ocean quahogs at sea if § 648.75 Cage identification. he/she determines that an observer car- (a) Tagging. Before offloading, all ried aboard the vessel can measure ac- cages that contain surf clams or ocean curately the total amount of surf quahogs must be tagged with tags ac- clams and ocean quahogs harvested in quired annually under paragraph (b) of the shell prior to shucking. this section. A tag must be fixed on or
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as near as possible to the upper cross- individual demonstrates that he/she bar of the cage for every 60 ft 3 (1,700 L), has surrendered his/her Federal vessel or portion thereof, of the cage. A tag or permit issued under § 648.4(a)(4) and tags must not be removed until the conducted fishing operations exclu- cage is emptied by the processor, at sively within waters under the jurisdic- which time the processor must prompt- tion of any state. Surf clams and ocean ly remove and retain the tag(s) for col- quahogs in cages with a Federal tag or lection or disposal as specified by the tags, issued and still valid pursuant to Regional Administrator. this section, affixed thereto are deemed (b) Issuance. The Regional Adminis- to have been harvested by the individ- trator will issue a supply of tags to ual allocation holder to whom the tags each individual vessel owner qualifying were issued under § 648.75(b) or trans- for an allocation under § 648.70 prior to ferred under § 648.70(b). the beginning of each fishing year or he/she may specify, in the FEDERAL Subpart F—Management Meas- REGISTER, a vendor from whom the ures for the NE Multispecies tags shall be purchased. The number of tags will be based on the owner’s allo- Fishery cation. Each tag represents 32 bu (1,700 § 648.80 Regulated mesh areas and re- L) of allocation. strictions on gear and methods of (c) Expiration. Tags will expire at the fishing. end of the fishing year for which they All vessels must comply with the fol- are issued, or if rendered null and void lowing minimum mesh size, gear and in accordance with 15 CFR part 904. methods of fishing requirements, un- (d) Return. Tags that have been ren- less otherwise exempted or prohibited. dered null and void must be returned to (a) Gulf of Maine/Georges Bank (GOM/ the Regional Administrator, if pos- GB) Regulated Mesh Area.—(1) Area defi- sible. (e) Loss. Loss or theft of tags must be nition. The GOM/GB Regulated Mesh reported by the owner, numerically Area (copies of a map depicting the identifying the tags to the Regional area are available from the Regional Administrator by telephone as soon as Administrator upon request) is that the loss or theft is discovered and in area: writing within 24 hours. Thereafter, (i) Bounded on the east by the U.S.- the reported tags shall no longer be Canada maritime boundary, defined by valid for use under this part. straight lines connecting the following (f) Replacement. Lost or stolen tags points in the order stated: may be replaced by the Regional Ad- GULF OF MAINE/GEORGES BANK REGULATED ministrator if proper notice of the loss MESH AREA is provided by the person to whom the tags were issued. Replacement tags Point N. Lat. W. Long. may be purchased from the Regional G1 ...... (1)(1) Administrator or a vendor with a writ- G2 ...... 43°58′ 67°22′ ten authorization from the Regional G3 ...... 42°53.1′ 67°44.4′ Administrator. G4 ...... 42°31′ 67°28.1′ (g) Transfer. See § 648.70(b)(2). G5 ...... 41°18.6′ 66°24.8′ (h) Presumptions. Surf clams and 1 The intersection of the shoreline and the U.S.-Canada ocean quahogs found in cages without a Maritime Boundary. valid state tag are deemed to have been (ii) Bounded on the south by straight harvested in the EEZ and to be part of lines connecting the following points in an individual’s allocation, unless the the order stated:
Point N. Lat. W. Long. Approximate loran C bearings
G6 ...... 40°55.5′ 66°38′ 5930±Y±30750 and 9960±Y±43500. G7 ...... 40°45.5′ 68°00′ 9960±Y±43500 and 68°00′ W. lat. G8 ...... 40°37′ 68°00′ 9960±Y±43450 and 68°00′ W. lat. G9 ...... 40°30′ 69°00′ NL3 ...... 40°22.7′ 69°00′ NL2 ...... 40°18.7′ 69°40′ NL1 ...... 40°50′ 69°40′
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Point N. Lat. W. Long. Approximate loran C bearings
G11 ...... 40°50′ 70°00′ G12 ...... 1 70°00′ 1 Northward to its intersection with the shoreline of mainland Massachusetts.
(2) Gear restrictions. (i) Minimum mesh Party or Handgear permit. Any gear on size. Except as provided in paragraphs a vessel, or used by a vessel, in this (a)(2) (iii) and (i) of this section, and area must be authorized under one of unless otherwise restricted under para- these exemptions or must be stowed as graphs (a) (2)(ii) and (5) of this section, specified in § 648.81(e). the minimum mesh size for any trawl (3) Small Mesh Northern Shrimp Fish- net, sink gillnet, Scottish seine, ery Exemption Area. Vessels subject to midwater trawl, or purse seine on a the minimum mesh size restrictions vessel or used by a vessel fishing under specified in paragraph (a)(2) of this sec- a DAS in the NE multispecies DAS pro- tion may fish for, harvest, possess, or gram in the GOM/GB Regulated Mesh land northern shrimp in the Small Area is 6-inch (15.24-cm) square or dia- Mesh Northern Shrimp Fishery Exemp- mond mesh throughout the entire net. tion Area with nets with a mesh size This restriction does not apply to nets smaller than the minimum size speci- or pieces of nets smaller than 3 ft (0.9 fied, if the vessel complies with the re- m) x 3 ft (0.9 m), (9 ft2 (0.81 m2)), or to quirements of paragraphs (a)(3) (i) vessels that have not been issued a through (iii) of this section. The Small multispecies permit and that are fish- Mesh Northern Shrimp Fishery Exemp- ing exclusively in state waters. tion Area is defined by straight lines (ii) Large-mesh vessels. When fishing connecting the following points in the in the GOM/GB regulated mesh area, order stated (copies of a map depicting the minimum mesh size for any sink the area are available from the Re- gillnet on a vessel or used by a vessel gional Administrator upon request): fishing under a DAS in the large-mesh DAS program specified in § 648.82(b) (6) SMALL MESH NORTHERN SHRIMP FISHERY and (7) is 7-inch (17.78-cm) diamond EXEMPTION AREA mesh throughout the entire net. The minimum mesh size for any trawl net Point N. Lat. W. Long. on a vessel or used by a vessel fishing SM1 ...... 41°35′ 70°00′ under a DAS in the large-mesh DAS SM2 ...... 41°35′ 69°40′ program is 8-inch (20.32-cm) diamond SM3 ...... 42°49.5′ 69°40′ mesh throughout the entire net. This SM4 ...... 43°12′ 69°00′ restriction does not apply to nets or SM5 ...... 43°41′ 68°00′ pieces of nets smaller than 3 ft (0.9 m) G2 ...... 43°58′ 67°22′; (the U.S.-Canada x 3 ft (0.9 m), (9 ft2 (0.81 m2)), or to ves- maritime Boundary). 1 1 sels that have not been issued a multi- G1 ...... ( )( ) species permit and that are fishing ex- 1 Northward along the irregular U.S.-Canada maritime boundary to the shoreline. clusively in state waters. (iii) Other restrictions and exemptions. (i) Restrictions on fishing for, possess- Vessels are prohibited from fishing in ing, or landing fish other than shrimp. A the GOM/GB Regulated Mesh Area ex- vessel fishing in the northern shrimp cept if fishing with exempted gear (as fishery described in this section under defined under this part) or under the this exemption may not fish for, pos- exemptions specified in paragraphs sess on board, or land any species of (a)(3), (a)(4), (a)(6), (a)(8) through (13), fish other than shrimp, except for the (d), (e), (h), and (i) of this section, if following, with the restrictions noted, fishing under a NE multispecies DAS, as allowable bycatch species: Longhorn if fishing under the small vessel exemp- sculpin; silver hake—up to an amount tion specified in § 648.82((b)(3), if fishing equal to the total weight of shrimp under the scallop state waters exemp- landed; and American lobster—up to 10 tions specified in § 648.54 and (a)(10) of percent, by weight, of all other species this section, or if fishing pursuant to a on board, or 200 lobsters (whichever is NE multispecies open access Charter/ less).
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(ii) Requirement to use a finfish ex- CULTIVATOR SHOAL WHITING FISHERY cluder device (FED). A vessel must have EXEMPTION AREA a rigid or semi-rigid grate consisting of Point N. Lat. W. Long. parallel bars of not more than 1-inch (2.54-cm) spacing that excludes all fish C1 ...... 42°10′ 68°10′ C2 ...... 41°30′ 68°41′ and other objects, except those that CI4 ...... 41°30′ 68°30′ are small enough to pass between its C3 ...... 41°12.8′ 68°30′ bars into the codend of the trawl, se- C4 ...... 41°05′ 68°20′ C5 ...... 41°55′ 67°40′ cured in the trawl, forward of the C1 ...... 42°10′ 68°10′ codend, in such a manner that it pre- cludes the passage of fish or other ob- (i) Requirements. (A) A vessel fishing jects into the codend without the fish in the Cultivator Shoal Whiting Fish- or objects having to first pass between ery Exemption Area under this exemp- the bars of the grate, in any net with tion must have a letter of authoriza- mesh smaller than the minimum size tion issued by the Regional Adminis- specified in paragraph (a)(2) of this sec- trator on board and may not fish for, tion. The net must have a outlet or possess on board, or land any species of hole to allow fish or other objects that fish other than whiting, except for the are too large to pass between the bars following, with the restrictions noted, of the grate to exit out of the net. The as allowable bycatch species: Longhorn aftermost edge of this outlet or hole sculpin; squid; butterfish; mackerel; must be at least as wide as the grate at monkfish and monkfish parts, dogfish, and red hake—up to 10 percent each, by the point of attachment. The outlet or weight, of all other species on board; hole must extend forward from the and American lobster—up to 10 percent grate toward the mouth of the net. A by weight of all other species on board funnel of net material is allowed in the or 200 lobsters, whichever is less. lengthening piece of the net forward of (B) All nets must comply with a min- the grate to direct catch towards the imum mesh size of 3-inch (7.62 cm) grate. (Copies of a schematic example square or diamond mesh applied to the of a properly configured and installed first 160 meshes counted from the ter- FED are available from the Regional minus of the net. Administrator upon request.) (C) Fishing is confined to a season of (iii) Time restrictions. A vessel may June 15 through October 31, unless oth- only fish under this exemption during erwise specified by notification in the the northern shrimp season, as estab- FEDERAL REGISTER. lished by the Commission and an- (D) When transiting through the nounced in the Commission’s letter to GOM/GB Regulated Mesh Area speci- participants. fied under paragraph (a)(1) of this sec- (4) Cultivator Shoal Whiting Fishery tion, any nets with a mesh size smaller Exemption Area. Vessels subject to the than the minimum mesh size specified minimum mesh size restrictions speci- in paragraph (a)(2) of this section must fied in paragraph (a)(2) of this section be stowed in accordance with one of the methods specified in § 648.23(b). may fish with, use, or possess nets in (ii) Sea sampling. The Regional Ad- the Cultivator Shoal Whiting Fishery ministrator shall conduct periodic sea Exemption Area with a mesh size sampling to determine if there is a smaller than the minimum size speci- need to change the area or season des- fied, if the vessel complies with the re- ignation, and to evaluate the bycatch quirements specified in paragraph of regulated species, especially had- (a)(4)(i) of this section. The Cultivator dock. Shoal Whiting Fishery Exemption Area (iii) Annual review. The NEFMC shall (copies of a map depicting the area are conduct an annual review of data to de- available from the Regional Adminis- termine if there are any changes in trator upon request) is defined by area or season designation necessary, straight lines connecting the following and to make appropriate recommenda- points in the order stated: tions to the Regional Administrator
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following the procedures specified in the codend and extension piece for ves- § 648.90 of this part. sels 45 ft (13.7 m) in length and less and (5) Stellwagen Bank/Jeffreys Ledge (SB/ the last 100 bars of the codend and ex- JL) Juvenile Protection Area. Except as tension piece for vessels greater than provided in paragraphs (a)(3), (d), (e), 45 ft (13.7 m) in length. and (h) of this section, the minimum (i) The SB/JL Juvenile Protection mesh size for any trawl net, Scottish Area (copies of a map depicting the seine, purse seine, or midwater trawl in area are available from the Regional use, or available for immediate use as Administrator upon request) is defined described in § 648.23(b), by a vessel fish- by straight lines connecting the follow- ing in the following area is 6-inch (15.24 cm) square mesh in the last 50 bars of ing points in the order stated:
STELLWAGEN BANK JUVENILE PROTECTION AREA
Approximate Loran Point N. Lat. W. Long. coordinates
SB1 ...... 42°34.0′ 70°23.5′ 13737 44295 SB2 ...... 42°28.8′ 70°39.0′ 13861 44295 SB3 ...... 42°18.6′ 70°22.5′ 13810 44209 SB4 ...... 42°05.5′ 70°23.3′ 13880 44135 SB5 ...... 42°11.0′ 70°04.0′ 13737 44135 SB1 ...... 42°34.0′ 70°23.5′ 13737 44295
JEFFREYS LEDGE JUVENILE PROTECTION AREA
Approximate Loran Point N. Lat. W. Long. coordinates
JL1 ...... 43°12.7′ 70°00.0′ 13369 44445 JL2 ...... 43°09.5′ 70°08.0′ 13437 44445 JL3 ...... 42°57.0′ 70°08.0′ 13512 44384 JL4 ...... 42°52.0′ 70°21.0′ 13631 44384 JL5 ...... 42°41.5′ 70°32.5′ 13752 44352 JL6 ...... 42°34.0′ 70°26.2′ 13752 44300 JL7 ...... 42°55.2′ 70°00.0′ 13474 44362 JL1 ...... 43°12.7′ 70°00.0′ 13369 44445
(ii) Fishing for northern shrimp in with nets on board with a mesh size the SB/JL Juvenile Protection Area is smaller than the minimum size speci- allowed, subject to the requirements of fied, provided that the nets are stowed paragraph (a)(3) of this section. in accordance with one of the methods (6) Transiting. (i) Vessels fishing in specified in § 648.23(b), and provided the the Small Mesh Northern Shrimp Fish- vessel has no fish on board. ery Exemption Area and in Small Mesh (iii) Vessels subject to the minimum Area 1/Small Mesh Area 2, as specified mesh size restrictions specified in para- in paragraphs (a) (3) and (8) of this sec- graph (a)(2) of this section may transit tion, may transit through the SB/JL through the GOM/GB Regulated Mesh Juvenile Protection Area defined in Area defined in paragraph (a)(1) of this paragraph (a)(5) of this section with section with nets on board with a mesh nets on board that do not conform to size smaller than the minimum mesh the requirements specified in para- size specified and with small mesh ex- graph (a)(2) or (a)(5) of this section, empted species on board, provided that provided that the nets are stowed in the following conditions are met: accordance with one of the methods (A) All nets with a mesh size smaller specified in § 648.23(b). than the minimum mesh size specified (ii) Vessels subject to the minimum in paragraph (a)(2) of this section are mesh size restrictions specified in para- stowed in accordance with one of the graph (a)(2) of this section may transit methods specified in § 648.23(b). through the Small Mesh Northern (B) A letter of authorization issued Shrimp Fishery Exemption Area de- by the Regional Administrator is on fined in paragraph (a)(3) of this section board.
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(C) Vessels do not fish for, possess on lated species caught in such fishery board, or land any fish, except when shall not include white hake. fishing in the areas specified in para- (iv) Bycatch in exempted fisheries graphs (a)(4), (a)(9), (b), and (c) of this authorized under this paragraph (a)(7) section. Vessels may retain exempted are subject, at minimum, to the follow- small mesh species as provided in para- ing restrictions: graphs (a)(4)(i), (a)(9)(i), (b)(3), and (A) With the exception of fisheries (c)(3) of this section. authorized under paragraph (a)(7)(iii) (7) Addition or deletion of exemptions. of this section, a prohibition on the (i) An exemption may be added in an possession of regulated species. existing fishery for which there are suf- (B) A limit on the possession of ficient data or information to ascertain monkfish or monkfish parts of 10 per- the amount of regulated species cent, by weight, of all other species on bycatch, if the Regional Adminis- board. trator, after consultation with the (C) A limit on the possession of lob- NEFMC, determines that the percent- sters of 10 percent, by weight, of all age of regulated species caught as other species on board or 200 lobsters, bycatch is, or can be reduced to, less whichever is less. than 5 percent, by weight, of total (D) A limit on the possession of skate catch and that such exemption will not or skate parts in the Southern New jeopardize fishing mortality objectives. England regulated mesh area described In determining whether exempting a in paragraph (b) of this section of 10 fishery may jeopardize meeting fishing percent, by weight, of all other species mortality objectives, the Regional Ad- on board. ministrator may take into consider- (8) Small Mesh Area 1/Small Mesh Area ation factors such as, but not limited 2. (i) Vessels subject to the minimum to, juvenile mortality. A fishery can be mesh size restrictions specified in para- defined, restricted, or allowed by area, graph (a)(2) of this section may fish gear, season, or other means deter- with or possess nets with a mesh size mined to be appropriate to reduce smaller than the minimum size from bycatch of regulated species. An exist- July 15 through November 15 when fish- ing exemption may be deleted or modi- ing in Small Mesh Area 1 and from fied if the Regional Administrator de- January 1 through June 30 when fish- termines that the catch of regulated ing in Small Mesh Area 2, except as specified in paragraph (a)(8)(ii) of this species is equal to or greater than 5 section. A vessel may not fish for, pos- percent, by weight, of total catch, or sess on board, or land any species of that continuing the exemption may fish other than: Butterfish, dogfish, jeopardize meeting fishing mortality herring, mackerel, ocean pout, scup, objectives. Notification of additions, squid, silver hake, and red hake, except deletions or modifications will be made for the following allowable bycatch through issuance of a rule in the FED- species, with the restrictions noted: ERAL REGISTER. Longhorn sculpin; monkfish and (ii) The NEFMC may recommend to monkfish parts—up to 10 percent, by the Regional Administrator, through weight, of all other species on board; the framework procedure specified in and American lobster—up to 10 per- § 648.90(b), additions or deletions to ex- cent, by weight, of all other species on emptions for fisheries, either existing board or 200 lobsters, whichever is less. or proposed, for which there may be in- These areas are defined by straight sufficient data or information for the lines connecting the following points in Regional Administrator to determine, the order stated (copies of a chart de- without public comment, percentage picting these areas are available from catch of regulated species. the Regional Administrator upon re- (iii) The Regional Administrator quest): may, using the process described in ei- ther paragraph (a)(7)(i) or (ii) of this SMALL MESH AREA 1 section, authorize an exemption for a white hake fishery by vessels using Point N. Lat. W. regulated mesh or hook gear. Deter- Long. mination of the percentage of regu- SM1 ...... 43°03′ 70°27′
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SMALL MESH AREA 1ÐContinued request) is defined by straight lines connecting the following points in the W. Point N. Lat. Long. order stated:
SM2 ...... 42°57′ 70°22′ NANTUCKET SHOALS DOGFISH EXEMPTION AREA SM3 ...... 42°47′ 70°32′ ° ′ ° ′ SM4 ...... 42 45 70 29 Point N. Lat. W. Long. SM5 ...... 42°43′ 70°32′ ° ′′ ° ′ SM6 ...... 42 44 70 39 NS1 ...... 41°45′ 70°00′ ° ′ ° ′ SM7 ...... 42 49 70 43 ° ′ ° ′ ° ′ ° ′ NS2 ...... 41 45 69 20 SM8 ...... 42 50 70 41 ° ′ ° ′ SM9 ...... 42°53′ 70°43′ NS3 ...... 41 30 69 20 ° ′ ° ′ SM10 ...... 42°55′ 70°40′ Cl1 ...... 41 30 69 23 SM11 ...... 42°59′ 70°32′ NS5 ...... 41°26.5′ 69°20′ SM1 ...... 43°03′ 70°27′ NS6 ...... 40°50′ 69°20′ NS7 ...... 40°50′ 70°00′ NS1 ...... 41°45′ 70°00′ SMALL MESH AREA 2
W. (i) Requirements. (A) A vessel fishing Point N. Lat. Long. in the Nantucket Shoals Dogfish Fish- SM13 ...... 43°03.7′ 70°00′ ery Exemption Area under the exemp- SM14 ...... 43°10.1′ 69°43.3′ tion must have on board a letter of au- SM15 ...... 42°49.5′ 69°40′ thorization issued by the Regional Ad- SM16 ...... 42°41.5′ 69°40′ SM17 ...... 42°34.9′ 70°00′ ministrator and may not fish for, pos- SM13 ...... 43°03.7′ 70°00′ sess on board, or land any species of fish other than dogfish, except as pro- (ii) In 1998 and thereafter, the portion vided under paragraph (a)(9)(i)(D) of of Small Mesh Area 2 that is north of this section. 43°00.0′ N. lat. shall be closed to all fish- (B) Fishing is confined to June 1 ing during the period May 10 through through October 15. May 30 to coincide with the Mid-coast (C) When transitting the GOM/GB Closure Area specified in § 648.81(g)(1). regulated mesh area, specified under Therefore, during the May 10 through paragraph (a)(1) of this section, any May 30 time period in 1998 and beyond, nets with a mesh size smaller than the Small Mesh Area 2 is defined by minimum mesh size specified in para- straight lines connecting the following graph (a)(2) of this section must be points in the order stated: stowed and unavailable for immediate use in accordance with § 648.23(b). SMALL MESH AREA 2 (D) The following species may be re- [May 10±May 30, 1998 and beyond] tained, with the restrictions noted, as Point N. lat. W. long. allowable bycatch species in the Nan- tucket Shoals Dogfish Fishery Exemp- SM18 ...... 43°00.0′ 69°41.6′ SM15 ...... 42°49.5′ 69°40′ tion Area: Longhorn sculpin; silver SM16 ...... 42°41.5′ 69°40′ hake—up to two standard totes; SM17 ...... 42°34.9′ 70°00′ monkfish and monkfish parts—up to 10 SM19 ...... 43°00.0′ 69°59.7′ SM18 ...... 43°00.0′ 69°41.6′ percent, by weight, of all other species on board; American lobster—up to 10 (9) Nantucket Shoals dogfish fishery ex- percent, by weight, of all other species emption area. Vessels subject to the on board or 200 lobsters, whichever is minimum mesh size restrictions speci- less; and skate or skate parts—up to 10 fied in paragraph (a)(2) of this section percent, by weight, of all other species may fish with, use, or possess nets of on board. mesh smaller than the minimum size (E) A vessel fishing in the Nantucket specified in the Nantucket Shoals Shoals Dogfish Fishery Exemption Dogfish Fishery Exemption Area, if the Area under the exemption must comply vessel complies with the requirements with any additional gear restrictions specified in paragraph (a)(9)(i) of this specified in the letter of authorization section. The Nantucket Shoals Dogfish issued by the Regional Administrator. Fishery Exemption Area (copies of a (ii) Sea sampling. The Regional Ad- map depicting this area are available ministrator may conduct periodic sea from the Regional Administrator upon sampling to determine if there is a
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need to change the area or season des- (12) GOM/GB Monkfish Gillnet Exemp- ignation, and to evaluate the bycatch tion. A vessel may fish with gillnets in of regulated species. the GOM/GB Dogfish and Monkfish (10) Scallop Dredge Fishery Exemption Gillnet Fishery Exemption Area when within the Gulf of Maine (GOM) Small not under a NE multispecies DAS if the Mesh Northern Shrimp Fishery Exemption vessel complies with the requirements Area. Vessels with a limited access specified in paragraph (a)(12)(i) of this scallop permit that have declared out section. The GOM/GB Dogfish and of the DAS program as specified in Monkfish Gillnet Fishery Exemption § 648.10, or have used up their DAS allo- Area is defined by straight lines con- cations, and vessels issued a general necting the following points in the scallop permit may fish in the GOM order stated: Small Mesh Northern Shrimp Fishery N. Lat. W. Long. Exemption Area when not under a NE 41°35′ 70°00′ multispecies DAS providing the vessel 42°49.5′ 70°00′ ° ′ ° ′ complies with the requirements speci- 42 49.5 69 40 43°12′ 69°00′ fied in paragraph (a)(10)(i) of this sec- (1) 69°00′ tion. The GOM Scallop Dredge Fishery (1) due north to Maine shoreline. Exemption Area is equivalent to the area defined in paragraph (a)(3) of this (i) Requirements. (A) A vessel fishing section and designated as the Small under this exemption may not fish for, Mesh Northern Shrimp Fishery Exemp- possess on board, or land any species of tion Area. fish other than monkfish, or lobsters in (i) Requirements. (A) A vessel fishing an amount not to exceed 10 percent by in the GOM Scallop Dredge Fishery Ex- weight of the total catch on board, or emption Area specified in paragraph 200 lobsters (whichever is less). (a)(10) of this section, may not fish for, (B) All gillnets must have a mini- possess on board, or land any species of mum mesh size of 10 inches (25.4 cm) di- fish other than Atlantic sea scallops. amond mesh throughout the net. (C) Fishing is confined to July 1 (B) The combined dredge width in use through September 14. by or in possession on board vessels (13) GOM/GB Dogfish Gillnet Exemp- fishing in the GOM Scallop Dredge tion. A vessel may fish with gillnets in Fishery Exemption Area shall not ex- the GOM/GB Dogfish and monkfish ceed 10.5 ft (3.2 m) measured at the gillnet fishery exemption area when widest point in the bail of the dredge. not under a NE multispecies DAS if the (C) The exemption does not apply to vessel complies with the requirements areas closed to meet the Mid-coast clo- specified in paragraph (a)(13)(i) of this sure fishery mortality reduction tar- section. The area coordinates of the gets as specified in § 648.81(g). GOM/GB Dogfish and Monkfish Gillnet (ii) [Reserved] Fishery Exemption Area are specified (11) Nantucket Shoals Mussel and Sea in paragraph (a)(11) of this section. Urchin Dredge Exemption Area. A vessel (i) Requirements. (A) A vessel fishing may fish with a dredge in the Nan- under this exemption may not fish for, tucket Shoals Mussel and Sea Urchin possess on board, or land any species of Dredge Exemption Area, provided that fish other than dogfish, or lobsters in any dredge on board the vessel does not an amount not to exceed 10 percent by exceed 8 ft (2.44 m) measured at the weight of the total catch on board, or widest point in the bail of the dredge, 200 lobsters (whichever is less). and the vessel does not fish for, har- (B) All gillnets must have a mini- vest, possess, or land any species of fish mum mesh size of 6.5 inches (16.5 cm) other than mussels and sea urchins. diamond mesh throughout the net. The area coordinates of the Nantucket (C) Fishing is confined to July 1 Shoals Mussel and Sea Urchin Dredge through August 31. Exemption Area are the same coordi- (b) Southern New England (SNE) Regu- nates as those of the Nantucket Shoals lated Mesh Area—(1) Area definition. The Dogfish Fishery Exemption Area speci- SNE Regulated Mesh Area (copies of a fied under paragraph (a)(9) of this sec- map depicting this area are available tion.
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from the Regional Administrator upon species permit and that are fishing ex- request) is that area: clusively in state waters. (i) bounded on the east by straight (iii) Other restrictions and exemptions. lines connecting the following points in Vessels are prohibited from fishing in the order stated: the SNE Regulated Mesh Area except if fishing with exempted gear (as defined SOUTHERN NEW ENGLAND REGULATED MESH under this part) or under the exemp- AREA tions specified in paragraphs (b)(3), Point N. Lat. W. Long. (b)(5) through (8), (c), (e), (h), and (i) of this section, if fishing under a NE G5 ...... 41°18.6′ 66°24.8′ multispecies DAS, if fishing under the G6 ...... 40°55.5′ 66°38′ G7 ...... 40°45.5′ 68°00′ small vessel exemption specified in G8 ...... 40°37′ 68°00′ § 648.82(b)(3), if fishing under the scallop G9 ...... 40°30.5′ 69°00′ state waters exemption specified in NL3 ...... 40°22.7′ 69°00′ § 648.54, or if fishing pursuant to a NE NL2 ...... 40°18.7′ 69°40′ NL1 ...... 40°50′ 69°40′ multispecies open access Charter/Party G11 ...... 40°50′ 70°00′ or Handgear permit. Any gear on a ves- G12 ...... 1 70°00′ sel, or used by a vessel, in this area 1 Northward to its intersection with the shoreline of mainland must be authorized under one of these Massachusetts. exemptions or must be stowed as speci- (ii) bounded on the west by the east- fied in § 648.81(e). ern boundary of the Mid-Atlantic Reg- (3) Exemptions—(i) Species exemptions. ulated Mesh Area. Vessels subject to the minimum mesh (2) Gear restrictions—(i) Minimum mesh size restrictions specified in paragraph size. Except as provided in paragraphs (b)(2) of this section may fish for, har- (b)(2) (iii) and (i) of this section, and vest, possess, or land butterfish, unless otherwise restricted under para- dogfish (trawl only), herring, mackerel, graph (b)(2)(ii) of this section, the min- ocean pout, scup, shrimp, squid, sum- imum mesh size for any trawl net, sink mer flounder, silver hake, and weakfish gillnet, Scottish seine, purse seine or with nets of a mesh size smaller than midwater trawl, not stowed and not un- the minimum size specified in the SNE available in use or available for imme- Regulated Mesh Area, provided such diate use in accordance with § 648.23(b) vessels comply with the requirements by a vessel fishing under a DAS in the specified in paragraph (b)(3)(ii) of this multispecies DAS program in the SNE section. regulated mesh area, is 6-inch (15.24- (ii) Possession and net stowage require- cm) square or diamond mesh through- ments. Vessels may possess regulated out the entire net. This restriction species while in possession of nets with does not apply to vessels that have not mesh smaller than the minimum size been issued a multispecies permit and specified in paragraph (b)(2)(i) of this that are fishing exclusively in state section, provided that such nets are waters. stowed and are not available for imme- (ii) Large Mesh vessels. When fishing diate use in accordance with § 648.23(b), in the SNE regulated mesh area, the and provided that regulated species minimum mesh size for any sink were not harvested by nets of mesh size gillnet on a vessel, or used by a vessel, smaller than the minimum mesh size fishing under a DAS in the Large Mesh specified in paragraph (b)(2)(i) of this DAS program specified in § 648.82(b) (6) section. Vessels fishing for the exempt- and (7) is 7-inch (17.78-cm) diamond ed species identified in paragraph mesh throughout the entire net. The (b)(3)(i) of this section may also possess minimum mesh size for any trawl net and retain the following species, with on a vessel or used by a vessel fishing the restrictions noted, as incidental under a DAS in the Large Mesh DAS take to these exempted fisheries: Con- program is 8-inch (20.32-cm) diamond ger eels; searobins; black sea bass; red mesh throughout the entire net. This hake; tautog (blackfish); blowfish; restriction does not apply to nets or cunner; John Dory; mullet; bluefish; pieces of nets smaller than 3 ft (0.9 m) tilefish; longhorn sculpin; fourspot x 3 ft (0.9 m), (9 ft2 (0.81 m2)), or to ves- flounder; alewife; hickory shad; Amer- sels that have not been issued a multi- ican shad; blueback herring; sea
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ravens; Atlantic croaker; spot; sword- for, possess on board, or land monkfish, fish; monkfish and monkfish parts—up skates, and the bycatch species and to 10 percent, by weight, of all other amounts specified in paragraph (b)(3) of species on board; American lobster—up this section. to 10 percent, by weight, of all other (B) All gillnets must have a mini- species on board or 200 lobsters, which- mum mesh size of 10 inch (25.4 cm) dia- ever is less; and skate and skate mond mesh throughout the net. parts—up to 10 percent, by weight, of (C) All nets with a mesh size smaller all other species on board. than the minimum mesh size specified (4) Addition or deletion of exemptions. in paragraph (b)(6)(i)(B) of this section Same as paragraph (a)(7) of this sec- must be stowed as specified in tion. § 648.81(e)(4). (5) SNE Monkfish and Skate Trawl Ex- (7) SNE Dogfish Gillnet Exemption emption Area. A vessel may fish with Area. A gillnet vessel may fish in the trawl gear in the SNE Monkfish and SNE Dogfish Gillnet Fishery Exemp- Skate Trawl Fishery Exemption Area tion Area when not operating under a when not operating under a NE multi- NE multispecies DAS if the vessel com- species DAS if the vessel complies with plies with the requirements specified in the requirements specified in para- paragraph (b)(7)(i) of this section. The graph (b)(5)(i) of this section. The SNE SNE Dogfish Gillnet Fishery Exemp- Monkfish and Skate Trawl Fishery Ex- tion Area is defined by a line running emption Area is defined as the area from the Massachusetts shoreline at bounded on the north by a line extend- 41°35′ N. lat. and 70°00′ W. long. south to ing eastward along 40°10′ N. lat., and its intersection with the outer bound- bounded on the west by the eastern ary of the EEZ, southwesterly along boundary of the Mid-Atlantic Regu- the outer boundary of the EEZ, and lated Mesh Area. bounded on the west by the eastern (i) Requirements. (A) A vessel fishing boundary of the Mid-Atlantic Regu- under this exemption may only fish lated Mesh Area. for, possess on board, or land monkfish, (i) Requirements. (A) A vessel fishing skates, and the bycatch species and under this exemption may only fish amounts specified in paragraph (b)(3) of for, possess on board, or land dogfish this section. and the bycatch species and amounts (B) All trawl nets must have a mini- specified in paragraph (b)(3) of this sec- mum mesh size of 8-inches (20.3-cm) tion. square or diamond mesh throughout (B) All gillnets must have a mini- the codend for at least 45 continuous mum mesh size of 6-inches (15.24-cm) meshes forward of the terminus of the diamond mesh throughout the net. net. (C) Fishing is confined to May 1 (6) SNE Monkfish and Skate Gillnet Ex- through October 31. emption Area. A vessel may fish with (8) SNE Mussel and Sea Urchin Dredge gillnet gear in the SNE Monkfish and Exemption. A vessel may fish with a Skate Gillnet Fishery Exemption Area dredge in the SNE Regulated Mesh when not operating under a NE multi- Area, provided that any dredge on species DAS if the vessel complies with board the vessel does not exceed 8 ft the requirements specified in para- (2.44 m) measured at the widest point graph (b)(6)(i) of this section. The SNE in the bail of the dredge, and the vessel Monkfish and Skate Gillnet Fishery does not fish for, harvest, possess, or Exemption Area is defined by a line land any species of fish other than running from the Massachusetts shore- mussels and sea urchins. line at 41°35′ N. lat. and 70°00′ W. long. (c) Mid-Atlantic regulated mesh area. south to its intersection with the outer (1) Area definition. The Mid-Atlantic boundary of the EEZ, southwesterly Regulated Mesh Area is that area along the outer boundary of the EEZ, bounded on the east by a line running and bounded on the west by the eastern from the Rhode Island shoreline at boundary of the Mid-Atlantic Regu- 41°18.2′ N. lat. and 71°51.5′ W. long. lated Mesh Area. (Watch Hill, RI) southwesterly through (i) Requirements. (A) A vessel fishing Fishers Island, NY, to Race Point, under this exemption may only fish Fishers Island, NY, and from Race
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Point, Fishers Island, NY, southeast- ize an exemption for a white hake fish- erly to the intersection of the 3-nau- ery by vessels using regulated mesh or tical mile line east of Montauk Point, hook gear. Determination of the per- southwesterly along the 3-nautical centage of regulated species caught in mile line to the intersection of 72°30′ W. such a fishery shall not include white long. and south along that line to the hake. intersection of the outer boundary of (d) Midwater trawl gear exemption. the EEZ. Fishing may take place throughout the (2) Gear restrictions—(i) Minimum mesh fishing year with midwater trawl gear size. Except as provided in paragraph (i) of mesh size less than the applicable of this section, and unless otherwise re- minimum size specified in this section, stricted under paragraph (c)(2)(ii) of provided that: this section, the minimum mesh size (1) Midwater trawl gear is used exclu- for any trawl net, sink gillnet, Scottish sively; seine, purse seine, or midwater trawl in (2) When fishing under this exemp- use or available for immediate use, as tion in the GOM/GB and SB/JL Areas, described in § 648.23(b), by a vessel fish- the vessel has on board a letter of au- ing under a DAS in the NE multispe- thorization issued by the Regional Ad- cies DAS program in the MA Regulated ministrator; Mesh Area shall be that specified by (3) The vessel only fishes for, pos- § 648.104(a). This restriction does not sesses, or lands Atlantic herring, apply to vessels that have not been is- blueback herring, mackerel, or squid in sued a NE multispecies permit and that areas south of 42°20′ N. lat.; and Atlan- are fishing exclusively in state waters. tic herring, blueback herring, or mack- (ii) Large mesh vessels. When fishing erel in areas north of 42°20′ N. lat; and in the MA Regulated Mesh Area, the (4) The vessel does not fish for, pos- minimum mesh size for any sink sess, or land NE multispecies. gillnet on a vessel, or used by a vessel, (e) Purse seine gear exemption. Fishing fishing under a DAS in the Large Mesh may take place throughout the fishing DAS program specified in § 648.82(b) (6) year with purse seine gear of mesh size and (7) is 7-inch (17.78-cm) diamond smaller than the applicable minimum mesh throughout the entire net. The size specified in this section, provided minimum mesh size for any trawl net that: on a vessel, or used by a vessel, fishing (1) The vessel uses purse seine gear under a DAS in the Large Mesh DAS exclusively; program is 8-inch (20.32-cm) diamond (2) When fishing under this exemp- mesh throughout the net. This restric- tion in the GOM/GB and SB/JL areas, tion does not apply to nets or pieces of the vessel has on board an authorizing nets smaller than 3 ft (0.9 m) x 3 ft (0.9 letter issued by the Regional Adminis- m), (9 ft2 (0.81 m2)), or to vessels that trator; have not been issued a multispecies (3) The vessel only fishes for, pos- permit and that are fishing exclusively sesses, or lands Atlantic herring, in state waters. blueback herring, mackerel, or menha- (3) Net stowage exemption. Vessels may den; and possess regulated species while in pos- (4) The vessel does not fish for, pos- session of nets with mesh smaller than sess, or land NE multispecies. the minimum size specified in para- (f) Mesh measurements—(1) Gillnets. graph (c)(2)(i) of this section, provided Beginning October 15, 1996, mesh size of that such nets are stowed and are not gillnet gear shall be measured by lin- available for immediate use in accord- ing up five consecutive knots per- ance with § 648.23(b), and provided that pendicular to the float line and, with a regulated species were not harvested ruler or tape measure, measuring ten by nets of mesh size smaller than the consecutive measures on the diamond, minimum mesh size specified in para- inside knot to inside knot. The mesh graph (c)(2)(i) of this section. shall be the average of the measure- (4) Additional exemptions. The Re- ments of ten consecutive measures. gional Administrator may, using the (2) All other nets. With the exception process described in either paragraph of gillnets, mesh size shall be measured (a)(7) (i) or (ii) of this section, author- by a wedged-shaped gauge having a
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taper of 2 cm in 8 cm and a thickness trawling, or possess or land NE multi- of 2.3 mm, inserted into the meshes species that have been harvested by under a pressure or pull of 5 kg. means of pair trawling. (i) Square-mesh measurement. Square (h) Scallop vessels. (1) Except as pro- mesh in the regulated portion of the vided in paragraph (h)(2) of this sec- net is measured by placing the net tion, a scallop vessel that possesses a gauge along the diagonal line that con- limited access scallop permit and ei- nects the largest opening between op- ther a multispecies combination vessel posite corners of the square. The permit or a scallop multispecies pos- square mesh size is the average of the session limit permit, and that is fish- measurements of 20 consecutive adja- ing under a scallop DAS allocated cent meshes from the terminus forward under § 648.53, may possess and land up along the long axis of the net. The to 300 lb (136.1 kg) of regulated species, square mesh is measured at least five provided it has at least one standard meshes away from the lacings of the tote on board, unless otherwise re- net. stricted by § 648.86(a)(2). (ii) Diamond-mesh measurement. Dia- (2) Combination vessels fishing under mond mesh in the regulated portion of a NE multispecies DAS are subject to the net is measured running parallel to the gear restrictions specified in § 648.80 the long axis of the net. The mesh size and may possess and land unlimited is the average of the measurements of amounts of regulated species. Such ves- any series of 20 consecutive meshes. sels may simultaneously fish under a The mesh is measured at least five scallop DAS. meshes away from the lacings of the (i) State waters winter flounder exemp- net. tion. Any vessel issued a multispecies (g) Restrictions on gear and methods of permit may fish for, possess, or land fishing—(1) Net obstruction or constric- winter flounder while fishing with nets tion. A fishing vessel shall not use any of mesh smaller than the minimum size device or material, including, but not specified in paragraphs (a)(2), (b)(2), limited to, nets, net strengtheners, and (c)(2) of this section, provided that: ropes, lines, or chafing gear, on the top (1) The vessel has on board a certifi- of a trawl net, except that one splitting cate approved by the Regional Admin- strap and one bull rope (if present), istrator and issued by the state agency consisting of line and rope no more authorizing the vessel’s participation than 3 inches (7.62 cm) in diameter, in the state’s winter flounder fishing may be used if such splitting strap and/ program and is in compliance with the or bull rope does not constrict in any applicable state laws pertaining to manner the top of the trawl net. ‘‘The minimum mesh size for winter floun- top of the trawl net’’ means the 50 per- der. cent of the net that (in a hypothetical (2) Fishing is conducted exclusively situation) would not be in contact with in the waters of the state from which the ocean bottom during a tow if the the certificate was obtained. net were laid flat on the ocean floor. (3) The state’s winter flounder plan For the purpose of this paragraph has been approved by the Commission (g)(1), head ropes are not considered as being in compliance with the Com- part of the top of the trawl net. mission’s winter flounder fishery man- (2) Mesh obstruction or constriction. (i) agement plan. A fishing vessel may not use any mesh (4) The state elects, by a letter to the configuration, mesh construction, or Regional Administrator, to participate other means on or in the top of the net, in the exemption program described by as defined in paragraph (g)(1) of this this section. section, if it obstructs the meshes of (5) The vessel does not enter or tran- the net in any manner. sit the EEZ. (ii) A fishing vessel may not use a net (6) The vessel does not enter or tran- capable of catching multispecies if the sit the waters of another state, unless bars entering or exiting the knots such other state is participating in the twist around each other. exemption program described by this (3) Pair trawl prohibition. No vessel section and the vessel is enrolled in may fish for NE multispecies while pair that state’s program.
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(7) The vessel, when not fishing under there is no other gear on board capable the DAS program, does not fish for, of catching NE multispecies. possess, or land more than 500 lb (226.8 (b) Closed Area II. (1) No fishing vessel kg) of winter flounder, and has at least or person on a fishing vessel may enter, one standard tote on board. fish, or be in the area known as Closed (8) The vessel does not fish for, pos- Area II (copies of a map depicting this sess, or land any species of fish other area is available from the Regional Ad- than winter flounder and the exempted ministrator upon request), as defined small mesh species specified under by straight lines connecting the follow- paragraphs (a)(3)(i), (a)(8)(iii), (b)(3), ing points in the order stated, except and (c)(3) of this section when fishing as specified in paragraph (b)(2) of this in the areas specified under paragraphs section: (a)(3), (a)(8), (b)(1), and (c)(1) of this section, respectively. Vessels fishing CLOSED AREA II under this exemption in New York and Point N. Lat. W. Long. Connecticut state waters may also pos- sess and retain skate as incidental take ClI1 ...... 41°00′ 67°20′ in this fishery. ClI2 ...... 41°00′ 66°35.8′ G5 ...... 41°18.6′ 66°24.8′ (the U.S.-Can- (9) The vessel complies with all other ada Maritime Bound- applicable requirements. ary) ClI3 ...... 42°22′ 67°20′ (the U.S.-Can- [61 FR 34968, July 3, 1996, as amended at 61 ada Maritime Bound- FR 54106, Oct. 17, 1996; 61 FR 55777, Oct. 29, ary) 1996; 61 FR 68165, Dec. 27, 1996; 62 FR 8406, ClI1 ...... 41°00′ 67°20′ Feb. 25, 1997; 62 FR 14649, Mar. 27, 1997; 62 FR 15387, Apr. 1, 1997; 62 FR 49149, Sept. 19, 1997] (2) Paragraph (b)(1) of this section does not apply to persons on fishing § 648.81 Closed areas. vessels or fishing vessels fishing with (a) Closed Area I. (1) No fishing vessel gears as in paragraph (a)(2) (i) or (ii) of or person on a fishing vessel may enter, this section, or that are transitting the fish, or be in the area known as Closed area, provided— Area I (copies of a map depicting this (i) The operator has determined that area are available from the Regional there is a compelling safety reason; Administrator upon request), as de- and fined by straight lines connecting the (ii) The vessel’s fishing gear is stowed following points in the order stated, ex- in accordance with the requirements of cept as specified in paragraphs (a)(2) paragraph (e) of this section. and (d) of this section: (c) Nantucket Lightship Closed Area. (1) No fishing vessel or person on a fish- CLOSED AREA I ing vessel may enter, fish, or be in the area known as the Nantucket Point N. Lat. W. Long. Lightship Closed Area (copies of a map depicting this area are available from CI1 ...... 41°30′ 69°23′ CI2 ...... 40°45′ 68°45′ the Regional Administrator upon re- CI3 ...... 40°45′ 68°30′ quest), as defined by straight lines con- CI4 ...... 41°30′ 68°30′ necting the following points in the CI1 ...... 41°30′ 69°23′ order stated, except as specified in paragraphs (c)(2) and (d) of this section: (2) Paragraph (a)(1) of this section does not apply to persons on fishing NANTUCKET LIGHTSHIP CLOSED AREA vessels or fishing vessels— (i) Fishing with or using pot gear de- Point N. Lat. W. Long. signed and used to take lobsters, or pot G10 ...... 40°50′ 69°00′ gear designed and used to take hagfish, CN1 ...... 40°20′ 69°00′ ° ′ ° ′ and that have no other gear on board CN2 ...... 40 20 70 20 CN3 ...... 40°50′ 70°20′ capable of catching NE multispecies; or G10 ...... 40°50′ 69°00′ (ii) Fishing with or using pelagic hook or longline gear or harpoon gear, (2) Paragraph (c)(1) of this section provided that there is no retention of does not apply to persons on fishing regulated species, and provided that vessels or fishing vessels—
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(i) Fishing with gear as in paragraph Closure Area (copies of a map depicting (a)(2) (i) or (ii) of this section; this area are available from the Re- (ii) Fishing with or using dredge gear gional Administrator upon request), as designed and used to take surf clams or defined by straight lines connecting ocean quahogs, and that have no other the following points in the order stat- gear on board capable of catching NE ed, except as specified in paragraphs (d) multispecies; or and (f)(2) of this section: (iii) Classified as charter, party or recreational vessel, provided that— NORTHEAST CLOSURE AREA (A) If the vessel is a party or charter Point N. Lat. W. Long. vessel, it has a letter of authorization issued by the Regional Administrator NE1 ...... (1) 68°55.0′ NE2 ...... 43°29.6′ 68°55.0′ on board; NE3 ...... 44°04.4′ 67°48.7′ (B) Fish harvested or possessed by NE4 ...... 44°06.9′ 67°52.8′ the vessel are not sold or intended for NE5 ...... 44°31.2′ 67°02.7′ 1 ° ′ trade, barter or sale, regardless of NE6 ...... ( ) 67 02.7 where the fish are caught; and 1 Maine shoreline. (C) The vessel has no gear other than (2) Paragraph (f)(1) of this section rod and reel or handline gear on board. does not apply to persons on fishing (d) Transiting. Vessels may transit vessels or fishing vessels: Closed Area I, the Nantucket Lightship (i) That have not been issued a multi- Closed Area, the NE Closure Area, the species permit and that are fishing ex- Mid-coast Closure Area, the Massachu- clusively in state waters; setts Bay Closure Area, and the Jef- (ii) That are fishing with or using ex- freys Ledge Closure Area, as defined in empted gear as defined under this part, paragraphs (a)(1), (c)(1), (f)(1), (g)(1), excluding mid-water trawl gear and pe- (h)(1), and (i)(1), respectively, of this lagic gillnet gear capable of catching section, provided that their gear is multispecies, except vessels may fish stowed in accordance with the provi- with a single pelagic gillnet, not longer sions of paragraph (e) of this section. than 300 ft and not greater than 6 ft (e) Gear stowage requirements. deep, with a maximum mesh size of 3 (1) Nets. In accordance with one of inches, provided the net is attached to the methods specified in § 648.23(b) and the boat, is fished in the upper two- capable of being shown not to have thirds of the water column and is been in recent use. marked with the owner’s name and ves- (2) Scallop dredges. The towing wire is sel identification number, and provided detached from the scallop dredge, the there is no other gear on board capable towing wire is reeled up onto the of catching multispecies finfish; or winch, and the dredge is secured and (iii) That are classified as charter, covered so that it is rendered unusable party, or recreational. for fishing. (g) Mid-coast Closure Area. (1) For the (3) Hook gear (other than pelagic). All calendar year 1997, vessels are subject anchors and buoys are secured and all to the Jeffreys Ledge Closure Area re- hook gear, including jigging machines, strictions specified under paragraph (i) is covered. of this section. For all other years be- (4) Sink gillnet gear. All nets are cov- yond 1997, during the period May 10 ered with canvas or other similar ma- through May 30, no fishing vessel or terial and lashed or otherwise securely person on a fishing vessel may enter, fastened to the deck or rail, and all fish in, or be in, and no fishing gear ca- buoys larger than 6 inches (15.24 cm) in pable of catching multispecies, unless diameter, high flyers, and anchors are otherwise allowed in this part, may be disconnected. in, the area known as the Mid-coast (f) NE Closure Area. (1) From August Closure Area, as defined by straight 15 through September 13, no fishing lines connecting the following points in vessel or person on a fishing vessel may the order stated, except as specified in enter, fish, or be, and no fishing gear paragraphs (d) and (g)(2) of this sec- capable of catching NE multispecies, tion: (Copies of a map depicting this unless otherwise allowed in this part area are available from the Regional may be, in the area known as the NE Administrator upon request):
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MID-COAST CLOSURE AREA points in the order stated, except as specified in paragraphs (d) and (i)(2) of Point N. lat. W. long. this section (copies of a map depicting MC1 ...... 42°30′ (1) this area are available from the Re- MC2 ...... 42°30′ 70°15′ gional Administrator upon request): MC3 ...... 42°40′ 70°15′ MC4 ...... 42°40′ 70°00′ MC5 ...... 43°00′ 70°00′ JEFFREYS LEDGE CLOSURE AREA MC6 ...... 43°00′ 69°30′ MC7 ...... 43°15′ 69°30′ Point N. lat W. long. MC8 ...... 43°15′ 69°00′ ° ′ 1 MC9 ...... (2) 69°00′ JL8 ...... 43 30 ( ) JL9 ...... 43°30′ 70°00′ 1 Massachusetts shoreline. JL10 ...... 42°30′ 70°00′ 2 Maine shoreline. JL11 ...... 42°30′ 70°30 1 ° ′ (2) Paragraph (g)(1) of this section JL12 ...... ( ) 70 30 does not apply to persons on fishing 1 Maine shoreline. vessels or fishing vessels that meet the (2) Paragraph (i)(1) of this section criteria in paragraph (f)(2)(i), (ii), or does not apply to persons on fishing (iii) of this section. vessels or fishing vessels that meet the (h) Massachusetts Bay Closure Area. (1) criteria in paragraph (f)(2)(i), (f)(2)(ii), During the period March 1 through or (f)(2)(iii) of this section. March 30, no fishing vessel or person on (j) Restricted Gear Area I. (1) Re- a fishing vessel may enter, fish, or be stricted Gear Area I is defined by in; and no fishing gear capable of straight lines connecting the following catching NE multispecies, unless oth- points in the order stated: erwise allowed in this part, may be in the area known as the Massachusetts Point Latitude Longitude Bay Closure Area (copies of a map de- Inshore Boundary picting this area are available from the Regional Administrator upon request), to 120 69 ...... 40°07.9′ N. 68°36.0′ W. as defined by straight lines connecting 70 ...... 40°07.2′ N. 68°38.4′ W. the following points in the order stat- 71 ...... 40°06.9′ N. 68°46.5′ W. ed, except as specified in paragraphs (d) 73 ...... 40°08.1′ N. 68°51.0′ W. and (h)(2) of this section: 74 ...... 40°05.7′ N. 68°52.4′ W. 75 ...... 40°03.6′ N. 68°57.2′ W. 76 ...... 40°03.65′ N. 69°00.0′ W. MASSACHUSETTS BAY CLOSURE AREA 77 ...... 40°04.35′ N. 69°00.5′ W. 78 ...... 40°05.2′ N. 69°00.5′ W Point N. Lat. W. Long. 79 ...... 40°05.3′ N. 69°01.1′ W. 80 ...... 40°08.9′ N. 69°01.75′ W. ° ′ 1 MB1 ...... 42 30 ( ) 81 ...... 40°11.0′ N. 69°03.8′ W. ° ′ ° ′ MB2 ...... 42 30 70 30 82 ...... 40°11.6′ N. 69°05.4′ W. ° ′ ° ′ MB3 ...... 42 12 70 30 83 ...... 40°10.25′ N. 69°04.4′ W. ° ′ ° ′ MB4 ...... 42 12 70 00 84 ...... 40°09.75′ N. 69°04.15′ W. 2 ° ′ MB5 ...... ( ) 70 00 85 ...... 40°08.45′ N. 69°03.6′ W. ° ′ 2 MB6 ...... 42 00 ( ) 86 ...... 40°05.65′ N. 69°03.55′ W. ° ′ 1 MB7 ...... 42 00 ( ) 87 ...... 40°04.1′ N. 69°03.9′ W. ° ′ ° ′ 1 Massachusetts shoreline. 88 ...... 40 02.65 N. 69 05.6 W. 2 Cape Cod shoreline. 89 ...... 40°02.00′ N. 69°08.35′ W. 90 ...... 40°02.65′ N. 69°11.15′ W. (2) Paragraph (h)(1) of this section 91 ...... 40°00.05′ N. 69°14.6′ W. does not apply to persons on fishing 92 ...... 39°57.8′ N. 69°20.35′ W. 93 ...... 39°56.65′ N. 69°24.4′ W. vessels or fishing vessels that meet the 94 ...... 39°56.1′ N. 69°26.35′ W. criteria in paragraph (f)(2)(i), (ii), or 95 ...... 39°56.55′ N. 69°34.1′ W. (iii) of this section. 96 ...... 39°57.85′ N. 69°35.5′ W. (i) Jeffreys Ledge Closure Area. (1) For 97 ...... 40°00.65′ N. 69°36.5′ W. 98 ...... 40°00.9′ N. 69°37.3′ W. the calendar year 1997, during the pe- 99 ...... 39°59.15′ N. 69°37.3′ W. riod May 1 through May 31, no fishing 100 ...... 39°58.8′ N. 69°38.45′ W. vessel or person on a fishing vessel may 102 ...... 39°56.2′ N. 69°40.2'′ W. 103 ...... 39°55.75′ N. 69°41.4′ W. enter, fish in, or be in, and no fishing 104 ...... 39°56.7′ N. 69°53.6′ W. gear capable of catching multispecies, 105 ...... 39°57.55′ N. 69°54.05′ W. unless otherwise allowed in this part, 106 ...... 39°57.4′ N. 69°55.9′ W. may be in, the area known as the Jef- 107 ...... 39°56.9′ N. 69°57.45′ W. 108 ...... 39°58.25′ N. 70°03.0′ W. freys Ledge Closure Area, as defined by 110 ...... 39°59.2′ N. 70°04.9′ W. straight lines connecting the following 111 ...... 40°00.7′ N. 70°08.7′ W.
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Point Latitude Longitude sel with mobile gear or person on a fishing vessel with mobile gear may 112 ...... 40°03.75′ N. 70°10.15′ W. 115 ...... 40°05.2′ N. 70°10.9′ W. fish, or be in Restricted Gear Area I 116 ...... 40°02.45′ N. 70°14.1′ W. unless transiting. Vessels may transit 119 ...... 40°02.75′ N. 70°16.1′ W. this area provided that mobile gear is to 181 on board the vessel while inside the Offshore Boundary area. (ii) Lobster pot gear. From June 16 to 69 120 ...... 40°06.4′ N. 68°35.8′ W. through September 30, no fishing vessel 121 ...... 40°05.25′ N. 68°39.3′ W. with lobster pot gear or person on a 122 ...... 40°05.4′ N. 68°44.5′ W. fishing vessel with lobster pot gear ° ′ ° ′ 123 ...... 40 06.0 N. 68 46.5 W. may fish, and no lobster pot gear may 124 ...... 40°07.4′ N. 68°49.6′ W. 125 ...... 40°05.55′ N. 68°49.8′ W. be deployed or remain, in Restricted 126 ...... 40°03.9′ N. 68°51.7′ W. Gear Area I. 127 ...... 40°02.25′ N. 68°55.4′ W. (k) Restricted Gear Area II. (1) Re- 128 ...... 40°02.6′ N. 69°00.0′ W. 129 ...... 40°02.75′ N. 69°00.75′ W. stricted Gear Area II is defined by 130 ...... 40°04.2′ N. 69°01.75′ W. straight lines connecting the following 131 ...... 40°06.15′ N. 69°01.95′ W. points in the order stated: 132 ...... 40°07.25′ N. 69°02.0′ W. ° ′ ° ′ 133 ...... 40 08.5 N. 69 02.25 W. Point Latitude Longitude 134 ...... 40°09.2′ N. 69°02.95′ W. ° ′ ° ′ 135 ...... 40 09.75 N. 69 03.3 W. Inshore Boundary 136 ...... 40°09.55′ N. 69°03.85′ W. ° ′ ° ′ 137 ...... 40 08.4 N. 69 03.4 W. to 1 ° ′ ° ′ 138 ...... 40 07.2 N. 69 03.3 W. 49...... 40°02.75′ N. 70°16.1′ W. ° ′ ° ′ 139 ...... 40 06.0 N. 69 03.1 W. 50...... 40°00.7′ N. 70°18.6′ W. ° ′ ° ′ 140 ...... 40 05.4 N. 69 03.05 W. 51...... 39°59.8′ N. 70°21.75′ W. ° ′ ° ′ 141 ...... 40 04.8 N. 69 03.05 W. 52...... 39°59.75′ N. 70°25.5′ W. ° ′ ° ′ 142 ...... 40 03.55 N. 69 03.55 W. 53...... 40°03.85′ N. 70°28.75′ W. ° ′ ° ′ 143 ...... 40 01.9 N. 69 03.95 W. 54...... 40°00.55′ N. 70°32.1′ W. ° ′ ° ′ 144 ...... 40 01.0 N. 69 04.4 W. 55...... 39°59.15′ N. 70°34.45′ W. ° ′ ° ′ 146 ...... 39 59.9 N. 69 06.25 W. 56...... 39°58.9′ N. 70°38.65′ W. ° ′ ° ′ 147 ...... 40 00.6 N. 69 10.05 W. 57...... 40°00.1′ N. 70°45.1′ W. ° ′ ° ′ 148 ...... 39 59.25 N. 69 11.15 W. 58...... 40°00.5′ N. 70°57.6′ W. ° ′ ° ′ 149 ...... 39 57.45 N. 69 16.05 W. 59...... 40°02.0′ N. 71°01.3′ W. ° ′ ° ′ 150 ...... 39 56.1 N. 69 20.1 W. 60...... 39°59.3′ N. 71°18.4′ W. ° ′ ° ′ 151 ...... 39 54.6 N. 69 25.65 W. 61...... 40°00.7′ N. 71°19.8′ W. ° ′ ° ′ 152 ...... 39 54.65 N. 69 26.9 W. 62...... 39°57.5′ N. 71°20.6′ W. 153 ...... 39°54.8′ N. 69°30.95′ W. ° ′ ° ′ ° ′ ° ′ 63...... 39 53.1 N. 71 36.1 W. 154 ...... 39 54.35 N. 69 33.4 W. 64...... 39°52.6′ N. 71°40.35′ W. 155 ...... 39°55.0′ N. 69°34.9′ W. 65...... 39°53.1′ N. 71°42.7′ W. 156 ...... 39°56.55′ N. 69°36.0′ W. 66...... 39°46.95′ N. 71°49.0′ W. 157 ...... 39°57.95′ N. 69°36.45′ W. 67...... 39°41.15′ N. 71°57.1′ W. 158 ...... 39°58.75′ N. 69°36.3′ W. 68...... 39°35.45′ N. 72°02.0′ W. 159 ...... 39°58.8′ N. 69°36.95′ W. 69...... 39°32.65′ N. 72°06.1′ W. 160 ...... 39°57.95′ N. 69°38.1′ W. 70...... 39°29.75′ N. 72°09.8′ W. 161 ...... 39°54.5′ N. 69°38.25′ W. to 48 162 ...... 39°53.6′ N. 69°46.5′ W. 163 ...... 39°54.7′ N. 69°50.0′ W. Offshore Boundary 164 ...... 39°55.25′ N. 69°51.4′ W. 165 ...... 39°55.2′ N. 69°53.1′ W. to 49 166 ...... 39°54.85′ N. 69°53.9′ W. 1...... 39°59.3′ N. 70°14.0′ W. 167 ...... 39°55.7′ N. 69°54.9′ W. 2...... 39°58.85′ N. 70°15.2′ W. 168 ...... 39°56.15′ N. 69°55.35′ W. 3...... 39°59.3′ N. 70°18.4′ W. 169 ...... 39°56.05′ N. 69°56.25′ W. 4...... 39°58.1′ N. 70°19.4′ W. 170 ...... 39°55.3′ N. 69°57.1′ W. ° ′ ° ′ 5...... 39°57.0′ N. 70°19.85′ W. 171 ...... 39 54.8 N. 69 58.6 W. ° ′ ° ′ 172 ...... 39°56.05′ N. 70°00.65′ W. 6...... 39 57.55 N. 70 21.25 W. ° ′ ° ′ 7...... 39°57.5′ N. 70°22.8′ W. 173 ...... 39 55.3 N. 70 02.95 W. ° ′ ° ′ 174 ...... 39°56.9′ N. 70°11.3′ W. 8...... 39 57.1 N. 70 25.4 W. ° ′ ° ′ 175 ...... 39°58.9′ N. 70°11.5′ W. 9...... 39 57.65 N. 70 27.05 W. ° ′ ° ′ 176 ...... 39°59.6′ N. 70°11.1′ W. 10...... 39 58.58 N. 70 27.7 W. ° ′ ° ′ 177 ...... 40°01.35′ N. 70°11.2′ W. 11...... 40 00.65 N. 70 28.8 W. ° ′ ° ′ 178 ...... 40°02.6′ N. 70°12.0′ W. 12...... 40 02.2 N. 70 29.15 W. ° ′ ° ′ 179 ...... 40°00.4′ N. 70°12.3′ W. 13...... 40 01.0 N. 70 30.2 W. ° ′ ° ′ 180 ...... 39°59.75′ N. 70°13.05′ W. 14...... 39 58.58 N. 70 31.85 W. ° ′ ° ′ 181 ...... 39°59.3′ N. 70°14.0′ W. 15...... 39 57.05 N. 70 34.35 W. ° ′ ° ′ to 119 16...... 39 56.42 N. 70 36.8 W. 21...... 39°58.15′ N. 70°48.0′ W. 24...... 39°58.3′ N. 70°51.1′ W. (2) Duration. (i) Mobile gear. From Oc- 25...... 39°58.1′ N. 70°52.25′ W. tober 1 through June 15, no fishing ves- 26...... 39°58.05′ N. 70°53.55′ W.
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Point Latitude Longitude Point Latitude Longitude
27...... 39°58.4′ N. 70°59.6′ W. 51 ...... 39°59.8′ N. 70°21.75′ W. 28...... 39°59.8′ N. 71°01.05′ W. 52 ...... 39°59.75′ N. 70°25.5′ W. 29...... 39°58.2′ N. 71° 05.85′ W. 53 ...... 40°03.85′ N. 70°28.75′ W. 30...... 39°57.45′ N. 71°12.15′ W. 54 ...... 40°00.55′ N. 70°32.1′ W. 31...... 39°57.2′ N. 71°15.0′ W. 55 ...... 39°59.15′ N. 70°34.45′ W. 32...... 39°56.3′ N. 71°18.95′ W. 56 ...... 39°58.9′ N. 70°38.65′ W. 33...... 39°51.4′ N. 71°36.1′ W. 57 ...... 40°00.1′ N. 70°45.1′ W. 34...... 39°51.75′ N. 71°41.5′ W. 58 ...... 40°00.5′ N. 70°57.6′ W. 35...... 39°50.05′ N. 71°42.5′ W. 59 ...... 40°02.0′ N. 71°01.3′ W. 36...... 39°50.0′ N. 71°45.0′ W. 60 ...... 39°59.3′ N. 71°18.4′ W. 37...... 39°48.95′ N. 71°46.05′ W. 61 ...... 40°00.7′ N. 71°19.8′ W. 38...... 39°46.6′ N. 71°46.1′ W. 62 ...... 39°57.5′ N. 71°20.6′ W. 39...... 39°43.5′ N. 71°49.4′ W. 63 ...... 39°53.1′ N. 71°36.1′ W. 40...... 39°41.3′ N. 71°55.0′ W. 64 ...... 39°52.6′ N. 71°40.35′ W. 41...... 39°39.0′ N. 71°55.6′ W. 65 ...... 39°53.1′ N. 71°42.7′ W. 42...... 39°36.72′ N. 71°58.25′ W. 66 ...... 39°46.95′ N. 71°49.0′ W. 43...... 39°35.15′ N. 71°58.55′ W. 67 ...... 39°41.15′ N. 71°57.1′ W. 44...... 39°34.5′ N. 72°00.75′ W. 68 ...... 39°35.45′ N. 72°02.0′ W. 45...... 39°32.2′ N. 72°02.25′ W. 69 ...... 39°32.65′ N. 72°06.1′ W. 46...... 39°32.15′ N. 72°04.1′ W. 70 ...... 39°29.75′ N. 72°09.8′ W. 47...... 39°28.5′ N. 72°06.5′ W. to 192 48...... 39°29.0′ N. 72°09.25′ W. to 70. (2) Duration. (i) Mobile gear. From June 16 through November 26, no fish- (2) Duration. (i) Mobile Gear. From ing vessel with mobile gear or person November 27 through June 15, no fish- on a fishing vessel with mobile gear ing vessel with mobile gear or person may fish, or be in Restricted Gear Area on a fishing vessel with mobile gear III unless transiting. Vessels may tran- may fish, or be in Restricted Gear Area sit this area provided that all mobile II unless transiting. Vessels may tran- gear is on board the vessel while inside sit this area provided that all mobile the area. gear is on board the vessel while inside (ii) Lobster pot gear. From January 1 the area. through April 30, no fishing vessel with (ii) Lobster pot gear. From June 16 lobster pot gear or person on a fishing through November 26, no fishing vessel vessel with lobster pot gear may fish, with lobster pot gear or person on a and no lobster pot gear may be de- fishing vessel with lobster pot gear ployed or remain, in Restricted Gear may fish, and no lobster pot gear may Area III. be deployed or remain, in Restricted (m) Restricted Gear Area IV. (1) Re- Gear Area II. stricted Gear Area IV is defined by (l) Restricted Gear Area III. (1) Re- straight lines connecting the following stricted Gear Area III is defined by points in the order stated: straight lines connecting the following points in the order stated: Point Latitude Longitude
Point Latitude Longitude Inshore Boundary
Inshore Boundary 193 ...... 40°13.60′ N. 68°40.60′ W. 194 ...... 40°11.60′ N. 68°53.00′ W. to 49 195 ...... 40°14.00′ N. 69°04.70′ W. 182 ...... 40°05.6′ N. 70°17.7′ W. 196 ...... 40°14.30′ N. 69°05.80′ W. 183 ...... 40°06.5′ N. 70°40.05′ W. 197 ...... 40°05.50′ N. 69°09.00′ W. 184 ...... 40°11.05′ N. 70°45.8′ W. 198 ...... 39°57.30′ N. 69°25.10′ W. 185 ...... 40°12.75′ N. 70°55.05′ W. 199 ...... 40°00.40′ N. 69°35.20′ W. 186 ...... 40°10.7′ N. 71°10.25′ W. 200 ...... 40°01.70′ N. 69°35.40′ W. 187 ...... 39°57.9′ N. 71°28.7′ W. 201 ...... 40°01.70′ N. 69°37.40′ W. 188 ...... 39°55.6′ N. 71°41.2′ W. 202 ...... 40°00.50′ N. 69°38.80′ W. 189 ...... 39°55.85′ N. 71°45.0′ W. 203 ...... 40°01.30′ N. 69°45.00′ W. 190 ...... 39°53.75′ N. 71°52.25′ W. 204 ...... 40°02.10′ N. 69°45.00′ W. 191 ...... 39°47.2′ N. 72°01.6′ W. 205 ...... 40°07.60′ N. 70°04.50′ W. 192 ...... 39°33.65′ N. 72°15.0′ W. 206 ...... 40°07.80′ N. 70°09.20′ W. to 70 to 119
Offshore Boundary Offshore Boundary
to 182 69 ...... 40°07.90′ N. 68°36.00′ W. 49 ...... 40°02.75′ N. 70°16.1′ W. 70 ...... 40°07.20′ N. 68°38.40′ W. 50 ...... 40°00.7′ N. 70°18.6′ W. 71 ...... 40°06.90′ N. 68°46.50′ W.
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Point Latitude Longitude section, unless otherwise provided in these regulations. 72 ...... 40°08.70′ N. 68°49.60′ W. 73 ...... 40°08.10′ N. 68°51.00′ W. (b) DAS program—permit categories, al- 74 ...... 40°05.70′ N. 68°52.40′ W. locations and initial assignments to cat- 75 ...... 40°03.60′ N. 68°57.20′ W. egories. Beginning with the 1996 fishing 76 ...... 40°03.65′ N. 69°00.00′ W. year, all limited access multispecies 77...... 40°04.35′ N. 69°00.50′ W. 78 ...... 40°05.20′ N. 69°00.50′ W. permit holders shall be assigned to one 79 ...... 40°05.30′ N. 69°01.10′ W. of the following DAS permit categories 80 ...... 40°08.90′ N. 69°01.75′ W. according to the criteria specified. Per- 81 ...... 40°11.00′ N. 69°03.80′ W. mit holders may request a change in 82 ...... 40°11.60′ N. 69°05.40′ W. 83 ...... 40°10.25′ N. 69°04.40′ W. permit category for the 1996 fishing 84 ...... 40°09.75′ N. 69°04.15′ W. year and all fishing years thereafter, as 85 ...... 40°08.45′ N. 69°03.60′ W. specified in § 648.4(a)(1)(i)(I)(2). Each 86 ...... 40°05.65′ N. 69°03.55′ W. fishing year shall begin on May 1 and 87 ...... 40°04.10′ N. 69°03.90′ W. 88 ...... 40°02.65′ N. 69°05.60′ W. extend through April 30 of the follow- 89 ...... 40°02.00′ N. 69°08.35′ W. ing year. 90 ...... 40°02.65′ N. 69°11.15′ W. (1) Individual DAS category—(i) DAS 91 ...... 40°00.05′ N. 69°14.60′ W. allocation. A vessel fishing under the 92 ...... 39°57.80′ N. 69°20.35′ W. 93 ...... 39.56.75′ N. 69°24.40′ W. Individual DAS category shall be allo- 94 ...... 39°56.50′ N. 69°26.35′ W. cated 65 percent of its initial 1994 allo- 95 ...... 39.56.80′ N. 69°34.10′ W. cation baseline, as established under 96 ...... 39°57.85′ N. 69°35.05′ W. Amendment 5 to the NE Multispecies 97 ...... 40°00.65′ N. 69°36.50′ W. 98 ...... 40°00.90′ N. 69°37.30′ W. FMP, multiplied by the proration fac- 99 ...... 39°59.15′ N. 69°37.30′ W. tor of 0.833 for the 1996 fishing year, un- 100 ...... 39°58.80′ N. 69°38.45′ W. less a vessel qualifies for a restoration 102 ...... 39°56.20′ N. 69°40.20′ W. of DAS under paragraph (j) of this sec- 103 ...... 39°55.75′ N. 69°41.40′ W. 104 ...... 39°56.70′ N. 69°53.60′ W. tion, and 50 percent of its initial allo- 105 ...... 39°57.55′ N. 69°54.05′ W. cation baseline for the 1997 fishing year 106 ...... 39°57.40′ N. 69°55.90′ W. and beyond, as calculated under para- ° ′ ° ′ 107 ...... 39 56.90 N. 69 57.45 W. graph (d)(1) of this section. 108 ...... 39°58.25′ N. 70°03.00′ W. 110 ...... 39°59.20′ N. 70°04.90′ W. (ii) Initial assignment. Any vessel is- 111 ...... 40°00.70′ N. 70°08.70′ W. sued a valid limited access multispe- 112 ...... 40°03.75′ N. 70°10.15′ W. cies Individual DAS permit as of July 115 ...... 40°05.20′ N. 70°10.90′ W. 116 ...... 40°02.45′ N. 70°14.1′ W. 1, 1996, except those that have been is- 119 ...... 40°02.75′ N. 70°16.1′ W. sued a gillnet permit, shall be initially to 206 assigned to the Individual DAS cat- egory. (2) Duration. (i) Mobile gear. From (2) Fleet DAS category—(i) DAS alloca- June 16 through September 30, no fish- tion. A vessel fishing under the Fleet ing vessel with mobile gear or person DAS category shall be allocated 116 on a fishing vessel with mobile gear DAS (139 DAS multiplied by the prora- may fish, or be in Restricted Gear Area tion factor of 0.833) for the 1996 fishing IV unless transiting. Vessels may tran- year, unless a vessel qualifies for a res- sit this area provided that all mobile toration of DAS under paragraph (j) of gear is on board the vessel while inside this section, and 88 DAS for the 1997 the area. fishing year and beyond. [61 FR 34968, July 3, 1996, as amended at 61 (ii) Initial assignment. Any vessel is- FR 55777, Oct. 29, 1996; 62 FR 9379, Mar. 3, sued a valid Fleet DAS permit, Gillnet 1997; 62 FR 10748, Mar. 10, 1997; 62 FR 15388, permit, limited access Hook-Gear per- Apr. 1, 1997] mit, or a vessel issued a Less than or equal to 45 ft (13.7 m) permit that is § 648.82 Effort-control program for larger than 20 ft (6.1 m) in length as de- limited access vessels. termined by its most recent permit ap- (a) General. A vessel issued an limited plication, as of July 1, 1996, shall be access multispecies permit may not initially assigned to the Fleet DAS cat- fish for, possess, or land regulated spe- egory. cies, except during a DAS as allocated (3) Small vessel category—(i) DAS allo- under and in accordance with the appli- cation. A vessel qualified and electing cable DAS program described in this to fish under the small vessel category
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may retain cod, haddock, and yond. A vessel fishing under this cat- yellowtail flounder, combined up to 300 egory in the DAS program must meet lb (136.1 kg) per trip without being sub- or comply with the following while ject to DAS restrictions. Such a vessel fishing for, in possession of, or landing is not subject to a possession limit for regulated species: other NE multispecies. (A) Vessels, and persons on such ves- (ii) Initial assignment. A vessel issued sels, are prohibited from possessing a valid limited access multispecies per- gear other than hook gear on board the mit and fishing under the small vessel vessel. category (less than or equal to 45 ft (B) Vessels, and persons on such ves- (13.7 m)) permit as of July 1, 1996, and sels, are prohibited from fishing, set- that is 20 ft (6.1 m) or less in length as ting, or hauling back, per day, or pos- determined by the vessel’s last applica- sessing on board the vessel, more than tion for a permit, shall be initially as- 4,500 rigged hooks. An unbaited hook signed to the small vessel category. and gangion that has not been secured Any other vessel may elect to switch to the ground line of the trawl on into this category, as provided for in board a vessel is deemed to be a re- § 648.4(a)(1)(i)(I)(2), if such vessel meets placement hook and is not counted to- or complies with the following: ward the 4,500-hook limit. A ‘‘snap-on’’ (A) The vessel is 30 ft (9.1 m) or less hook is deemed to be a replacement in length overall as determined by hook if it is not rigged or baited. measuring along a horizontal line (ii) Initial assignment. No vessel shall drawn from a perpendicular raised from be initially assigned to the Hook-Gear the outside of the most forward portion category. Any vessel that meets the of the stem of the vessel to a per- qualifications specified in § 648.4(a)(1)(i) pendicular raised from the after most may apply for and obtain a permit to portion of the stern. fish under this category. (B) If construction of the vessel was (5) Combination vessel category—(i) begun after May 1, 1994, the vessel DAS allocation. A vessel fishing under must be constructed such that the the Combination Vessel category shall quotient of the overall length divided be allocated 65 percent of its initial by the beam is not less than 2.5. 1994 allocation baseline, as established (C) Acceptable verification for ves- under Amendment 5 to the NE Multi- sels 20 ft (6.1 m) or less in length shall species FMP, multiplied by the prora- be USCG documentation or state reg- tion factor of 0.833 for the 1996 fishing istration papers. For vessels over 20 ft year, unless a vessel qualifies for a res- (6.1 m) in length, the measurement of toration of DAS under paragraph (j) of length must be verified in writing by a this section, and 50 percent of its ini- qualified marine surveyor, or the build- tial allocation baseline for the 1997 er, based on the vessel’s construction fishing year and beyond, as calculated plans, or by other means determined under paragraph (d)(1) of this section. acceptable by the Regional Adminis- (ii) Initial assignment. A vessel issued trator. A copy of the verification must a valid limited access multispecies per- accompany an application for a multi- mit qualified to fish as a combination species permit. vessel as of July 1, 1996, shall be as- (D) Adjustments to the small vessel signed to the combination vessel cat- category requirements, including egory. changes to the length requirement, if (6) Large Mesh Individual DAS cat- required to meet fishing mortality egory—(i) DAS allocation. A vessel fish- goals, may be made by the Regional ing under the Large Mesh Individual Administrator following framework DAS category shall be allocated a DAS procedures of § 648.90. increase of 12 percent in year 1 and 36 (4) Hook-Gear category—(i) DAS alloca- percent in year 2 and beyond over the tion. Any vessel issued a valid limited DAS allocations specified in paragraph access multispecies Hook-Gear permit (b)(1)(i) of this section (this includes shall be allocated 116 DAS (139 DAS the proration factor for 1996). To be eli- multiplied by the proration factor of gible to fish under the Large Mesh In- 0.833) for the 1996 fishing year and 88 dividual DAS category, a vessel, while DAS for the 1997 fishing year and be- fishing under this category, must fish
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with gillnet gear with a minimum size multispecies permit and that has been of 7-inch (17.78 cm) diamond mesh or fishing under both the gillnet and indi- with trawl gear with a minimum mesh vidual DAS categories, is eligible to size of 8-inch (20.32 cm) diamond mesh, appeal its allocation of gillnet DAS, as for the entire year, as described under described under paragraph (d)(2) of this § 648.80(a)(2)(ii), (b)(2)(ii), and (c)(2)(ii). section. Each vessel’s initial allocation (ii) Initial assignment. No vessel shall of DAS will be considered to be 176 be initially assigned to the large mesh DAS for purposes of this appeal (i.e., individual DAS category. Any vessel the fleet DAS category baseline prior that is initially assigned to the individ- to the 1996–1997 reductions). ual DAS, fleet DAS, or small vessel (d) Individual DAS allocations—(1) Cal- category may request and be granted a culation of a vessel’s individual DAS. The switch into this category as specified DAS assigned to a vessel for purposes in § 648.4(a)(1)(i)(I)(2). of determining that vessel’s annual al- (7) Large Mesh Fleet DAS category—(i) location under the individual DAS pro- DAS allocation. A vessel fishing under gram is calculated as follows: the Large Mesh Fleet DAS category (i) Count the total number of the ves- shall be allocated 129 DAS (155 DAS sel’s NE multispecies DAS for the multiplied by the proration factor of years 1988, 1989, and 1990. NE multispe- 0.833) for the 1996 fishing year, unless a cies DAS are deemed to be the total vessel qualifies for a restoration of number of days the vessel was absent DAS under paragraph (j) of this sec- from port for a trip where greater than tion, and 120 DAS for the 1997 fishing 10 percent of the vessel’s total landings year, and beyond. To be eligible to fish were comprised of regulated species, under the Large Mesh Fleet DAS cat- minus any days for such trips in which egory, a vessel while fishing under this a scallop dredge was used; category must fish with gillnet gear (ii) Exclude the year of least NE with a minimum mesh size of 7–inch multispecies DAS; and (17.78–cm) diamond mesh or trawl gear (iii) If 2 years of multispecies DAS with a minimum mesh size of 8–inch are remaining, average those years’ (20.32–cm) diamond mesh, as described DAS; or under § 648.80(a)(2)(ii), (b)(2)(ii), and (iv) If only 1 year remains, use that (c)(2)(ii). year’s DAS. (ii) Initial assignment. No vessel shall be initially assigned to the large mesh (2) Appeal of DAS allocation—(i) Ini- fleet DAS category. Any vessel that is tial allocations of individual DAS to initially assigned to the individual those vessels authorized to appeal DAS, fleet DAS, or small vessel cat- under paragraph (c) of this section may egory may request and be granted a be appealed to the Regional Adminis- switch into this category as specified trator if a request to appeal is received by the Regional Administrator no later in § 648.4(a)(1)(i)(I)(2). than August 31, 1996, or 30 days after (c) 1996 DAS appeals. (1) Previously ex- the initial allocation is made, which- empted vessels. A vessel that was issued a valid 1995 limited access multispecies ever is later. Any such appeal must be permit, and that has been fishing under in writing and be based on one or more the small vessel (less than or equal to of the following grounds: 45 ft (13.7 m)), hook-gear, or gillnet cat- (A) The information used by the Re- egories, is eligible to appeal its alloca- gional Administrator was based on tion of DAS, if it has not previously mistaken or incorrect data. done so, as described under paragraph (B) The applicant was prevented by (d)(2) of this section. Each vessel’s ini- circumstances beyond his/her control tial allocation of DAS will be consid- from meeting relevant criteria. ered to be 176 DAS for purposes of this (C) The applicant has new or addi- appeal (i.e., the fleet DAS category tional information. baseline prior to the 1996–1997 reduc- (ii) The Regional Administrator will tions). appoint a designee who will make an (2) Exempted gillnet vessels that held an initial decision on the written appeal. individual DAS permit. A vessel that was (iii) If the applicant is not satisfied issued a valid 1995 limited access with the initial decision, the applicant
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may request that the appeal be pre- quired to take a 20-day block out of the sented at a hearing before an officer NE multispecies DAS program in 1997. appointed by the Regional Adminis- Beginning January 1, 1998, any such trator. vessel must comply with the spawning (iv) The hearing officer shall present season restriction specified in this his/her findings to the Regional Admin- part. istrator and the Regional Adminis- (h) Declaring DAS and blocks of time trator will make a decision on the ap- out. A vessel’s owner or authorized rep- peal. The Regional Administrator’s de- resentative shall notify the Regional cision on this appeal is the final admin- Administrator of a vessel’s participa- istrative decision of the Department of tion in the DAS program, declaration Commerce. of its 120 days out of the non-exempt (3) Status of vessels pending appeal of gillnet fishery if designated as a Day DAS allocations. While a vessel’s indi- gillnet category vessel, and declaration vidual DAS allocation is under appeal, of its 20-day period out of the NE the vessel may fish under the fleet DAS multispecies DAS program, using the category until the Regional Adminis- notification requirements specified in trator has made a final determination § 648.10. on the appeal. Any DAS spent fishing (i) Adjustments in annual DAS alloca- for regulated species by a vessel while tions. Adjustments in annual DAS allo- that vessel’s initial DAS allocation is cations, if required to meet fishing under appeal, shall be counted against mortality goals, may be made by the any DAS allocation that the vessel Regional Administrator following the may ultimately receive. framework procedures of § 648.90. (e) Accrual of DAS. Same as § 648.53(e). (j) Restoration of unused DAS. Vessels (f) Good Samaritan credit. Same as that held valid 1996 Amendment 5 NE § 648.53(f). multispecies permits in the Individual, (g) Spawning season restrictions. A ves- Fleet or Combination Vessel categories sel issued a valid Small Vessel permit are eligible for restoration of unused under paragraph (b)(3) of this section may not fish for, possess, or land regu- DAS if DAS fished during May and lated species from March 1 through June 1996 was less than one-sixth of March 20 of each year. Any other vessel their 1996 Amendment 7 allocation. issued a limited access multispecies Restoration of DAS will be based on permit must declare out and be out of the NE multispecies permit category the NE multispecies DAS program, as held on August 16, 1996. These vessels described in paragraph (b) of this sec- will be automatically credited with tion, for a 20-day period between March DAS equal to the difference between 1 and May 31 of each calendar year the proration reduction and their DAS using the notification requirements fished during May and June 1996, as re- specified in § 648.10. A vessel fishing corded in the NMFS call-in system under a Day gillnet category designa- specified at § 648.10(c) (or on other veri- tion is prohibited from fishing with fiable evidence of days spent fishing for gillnet gear capable of catching multi- multispecies). If the number of DAS species during its declared 20-day fished during this time period exceeded spawning block, unless the vessel is the proration reduction amount, those fishing in an exempted fishery as de- days will not be subtracted from a ves- scribed in § 648.80. If a vessel owner has sel’s 1996 allocation. not declared and been out for a 20-day (k) Gillnet restrictions. Vessels issued period between March 1 and May 31 of a limited access NE multispecies per- each calendar year on or before May 12 mit fishing under a multispecies DAS of each year, the vessel is prohibited with gillnet gear must obtain an an- from fishing for, possessing or landing nual designation as either a Day any regulated species or non-exempt gillnet or Trip gillnet vessel as de- species during the period May 12 scribed in § 648.4(c)(2)(iii)(B). through May 31, inclusive. If a vessel (1) Day gillnet vessels. A Day gillnet has taken a spawning season 20-day vessel fishing with gillnet gear under a block out of the NE multispecies DAS multispecies DAS is not required to re- program during May 1996, it is not re- move gillnet gear from the water upon
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returning to the dock and calling-out having gillnet gear on board the vessel of the DAS program, provided: that is not stowed in accordance with (i) Number and size of nets. Vessels § 648.81(e)(4), while fishing under a may not fish with, haul, possess, or de- multispecies DAS, from that date ploy more than 80 roundfish gillnets or through the end of the period between 160 flatfish gillnets. Vessels may fish June 1 and September 30, or through any combination of roundfish and flat- the end of the fishing year, as applica- fish gillnets, up to 160 nets, provided ble. that the number of roundfish and flat- (B) Vessels shall declare their periods fish gillnets does not exceed the limita- tions specified in this subparagraph, of required time out following the noti- and the nets are tagged in accordance fication procedures specified in with paragraph (k)(1)(ii) of this sec- § 648.10(f)(2). tion. Nets may not be longer than 300 ft (C) During each period of time de- (91.44 m), or 50 fathoms, in length. clared out, a vessel is prohibited from (ii) Tagging requirements. Beginning fishing with non-exempted gillnet gear. June 1, 1997, when under a NE multi- However, the vessel may fish in an ex- species DAS, all groundfish gillnets empted fishery as described in § 648.80, fished, hauled, possessed, or deployed or it may fish under a multispecies must have two tags per net, with one DAS provided it fishes with gear other tag secured to each bridle of every net than non-exempted gillnet gear. within a string of nets and all flatfish (v) Method of counting DAS. Day gillnets fished, hauled, possessed, or de- gillnet vessels fishing with gillnet gear ployed must have one tag per net, with under a multispecies DAS will accrue one tag secured to every other bridle of 15 hours DAS for each trip greater than every net within a string of nets. Tags 3 hours but less than or equal to 15 must be obtained as described in hours. Such vessels will accrue actual § 648.4(c)(2)(iii) and vessels must have DAS time at sea for trips less than or on board written confirmation issued equal to 3 hours or greater than 15 by the Regional Administrator, indi- hours. cating that the vessel is a Day gillnet vessel. The vessel operator must (vi) Lost tags. Vessel owners or opera- produce all net tags upon request by an tors are required to report lost, de- authorized officer. stroyed, and missing tag numbers as (iii) All gillnet gear is brought to soon as feasible after tags have been port prior to the vessel fishing in an discovered lost, destroyed or missing, exempted fishery. by letter or fax to the Regional Admin- (iv) Declaration of time out of the istrator. gillnet fishery. (A) During each fishing (vii) Replacement tags. Vessel owners year, vessels must declare, and take, a or operators seeking replacement of total of 120 days out of the non-exempt lost, destroyed, or missing tags must gillnet fishery. Each period of time de- request replacement of tags by letter clared and taken must be a minimum or fax to the Regional Administrator. of 7 consecutive days. At least 21 days A check for the cost of the replacement of this time must be taken between tags must be received before tags will June 1 and September 30 of each fishing be re-issued. year. The spawning season time out pe- (2) Trip gillnet vessels. When fishing riod required by § 648.82(g) will be cred- under a multispecies DAS, a Trip ited toward the 120 days time out of gillnet vessel is required to remove all the non-exempt gillnet fishery. If a gillnet gear from the water before call- vessel owner has not declared and taken, any or all of the remaining peri- ing-out of a multispecies DAS under ods of time required by the last pos- § 648.10(c)(3). When not fishing under a sible date to meet these requirements, multispecies DAS, Trip gillnet vessels the vessel is prohibited from fishing may fish in an exempted fishery with for, possessing, or landing regulated gillnet gear as authorized under the ex- multispecies or non-exempt species emptions described in § 648.80. Vessels harvested with gillnet gear, and from electing to fish under the Trip gillnet
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designation must have on board writ- size, if there is a receipt for purchase of ten confirmation issued by the Re- those frames on board the vessel. gional Administrator, that the vessel is (c) Adjustments. (1) At any time when a Trip gillnet vessel. information is available, the NEFMC [61 FR 34968, July 3, 1996, as amended at 62 will review the best available mesh se- FR 2620, Jan. 17, 1997; 62 FR 14650, Mar. 27, lectivity information to determine the 1997; 62 FR 15388, Apr. 1, 1997; 62 FR 37156, appropriate minimum size for the spe- July 11, 1997; 62 FR 49149, Sept. 19, 1997] cies listed in paragraph (a) of this sec- tion, except winter flounder, according § 648.83 Minimum fish sizes. to the length at which 25 percent of the (a) Minimum fish sizes. (1) Minimum regulated species would be retained by fish sizes for recreational vessels and the applicable minimum mesh size. charter/party vessels that are not fish- (2) Upon determination of the appro- ing under a NE multispecies DAS are priate minimum sizes, the NEFMC specified in § 648.89. All other vessels shall propose the minimum fish sizes to are subject to the following minimum be implemented following the proce- fish sizes (TL): dures specified in § 648.90. (3) Additional adjustments or MINIMUM FISH SIZES (TL) changes to the minimum fish sizes Species Size (Inches) specified in paragraph (a) of this sec- tion, and exemptions as specified in Cod ...... 19 (48.3 cm) Haddock ...... 19 (48.3 cm) paragraph (b) of this section, may be Pollock ...... 19 (48.3 cm) made at any time after implementa- Witch flounder (gray sole) ...... 14 (35.6 cm) tion of the final rule as specified under Yellowtail flounder ...... 13 (33.0 cm) American plaice (dab) ...... 14 (35.6 cm) § 648.90. Winter flounder (blackback) ...... 12 (30.48 cm) Redfish ...... 9 (22.9 cm) [61 FR 34968, July 3, 1996, as amended at 61 FR 49277, Sept. 19, 1996] (2) The minimum fish size applies to the whole fish or to any part of a fish § 648.84 Gear-marking requirements and gear restrictions. while possessed on board a vessel, ex- cept as provided in paragraph (b) of (a) Bottom-tending fixed gear, in- this section, and to whole fish only, cluding, but not limited to gillnets and after landing. Fish or parts of fish longlines, designed for, capable of, or must have skin on while possessed on fishing for NE multispecies must have board a vessel and at the time of land- the name of the owner or vessel, or the ing in order to meet minimum size re- official number of that vessel perma- quirements. ‘‘Skin on’’ means the en- nently affixed to any buoys, gillnets, tire portion of the skin normally at- longlines, or other appropriate gear so tached to the portion of the fish or fish that the name of the owner or vessel or parts possessed. official number of the vessel is visible (b) Exceptions. (1) Each person aboard on the surface of the water. a vessel issued a limited access permit (b) Bottom-tending fixed gear, in- and fishing under the DAS program cluding, but not limited to gillnets or may possess up to 25 lb (11.3 kg) of fil- longline gear, must be marked so that lets that measure less than the mini- the westernmost end (measuring the mum size, if such fillets are from legal- half compass circle from magnetic sized fish and are not offered or in- south through west to, and including, tended for sale, trade, or barter. north) of the gear displays a standard (2) Recreational, party, and charter 12-inch (30.5-cm) tetrahedral corner vessels may possess fillets less than the radar reflector and a pennant posi- minimum size specified, if the fillets tioned on a staff at least 6 ft (1.8 m) are taken from legal-sized fish and are above the buoy. The easternmost end not offered or intended for sale, trade (meaning the half compass circle from or barter. magnetic north through east to, and (3) Vessels fishing exclusively with including, south) of the gear need dis- pot gear may possess multispecies play only the standard 12-inch (30.5-cm) frames used, or to be used, as bait that tetrahedral radar reflector positioned measure less than the minimum fish in the same way.
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(c) Continuous gillnets must not ex- shall determine what course of action ceed 6,600 ft (2,011.7 m) between the end is warranted by the facts and make a buoys. recommendation, consistent with the (d) In the GOM/GB regulated mesh provisions of Amendment 3 to the Re- area specified in § 648.80(a), gillnet gear gional Administrator. set in an irregular pattern or in any (e) By the deadline set in Amendment way that deviates more than 30° from 3 the Regional Administrator shall ei- the original course of the set must be ther accept or reject the Committee’s marked at the extremity of the devi- recommendation. If the recommended ation with an additional marker, which action is consistent with the record es- must display two or more visible tablished by the fact-finding report, streamers and may either be attached impact analysis, and comments re- to or independent of the gear. ceived at the public hearing, he/she shall accept the Committee’s rec- § 648.85 Flexible Area Action System. ommendation and implement it (a) The Chair of the Multispecies through notification in the FEDERAL Oversight Committee, upon learning of Register and by notice sent to all ves- the presence of discard problems asso- sel owners holding multispecies per- ciated with large concentrations of ju- mits. The Regional Administrator shall venile, sublegal, or spawning multispe- also use other appropriate media, in- cies, shall determine if the situation cluding, but not limited to, mailings to warrants further investigation and pos- the news media, fishing industry asso- sible action. In making this determina- ciations and radio broadcasts, to dis- tion, the Committee Chair shall con- seminate information on the action to sider the amount of discard of regu- be implemented. lated species, the species targeted, the (f) Once implemented, the Regional number and types of vessels operating Administrator shall monitor the af- in the area, the location and size of the fected area to determine if the action area, and the resource condition of the is still warranted. If the Regional Ad- impacted species. If he/she determines ministrator determines that the cir- it is necessary, the Committee Chair cumstances under which the action was will request the Regional Adminis- taken, based on the Regional Adminis- trator to initiate a fact finding inves- trator’s report, the NEFMC’s report, tigation to verify the situation and and the public comments, are no longer publish notification in the FEDERAL in existence, he/she shall terminate the REGISTER requesting public comments action by notification in the FEDERAL in accordance with the procedures REGISTER. therefor in Amendment 3 to the NE (g) Actions taken under this section Multispecies FMP. will ordinarily become effective upon (b) After examining the facts, the Re- the date of filing with the Office of the gional Administrator shall, within the Federal Register. The Regional Admin- deadlines specified in Amendment 3, istrator may determine that facts war- provide the technical analysis required rant a delayed effective date. by Amendment 3. (c) The NEFMC shall prepare an eco- § 648.86 Possession restrictions. nomic impact analysis of the potential (a) Haddock—(1) NE multispecies DAS management options under consider- vessels. (i) Except as provided in para- ation within the deadlines specified in graph (a)(1)(ii) of this section, a vessel Amendment 3. that is fishing under a NE multispecies (d) Copies of the analysis and reports DAS may land or possess on board up prepared by the Regional Adminis- to 1,000 lb (453.6 kg) of haddock pro- trator and the NEFMC shall be made vided it has at least one standard tote available for public review at the on board. Haddock on board a vessel NEFMC’s office and the Committee subject to this possession limit must be shall hold a meeting/public hearing, at separated from other species of fish and which time it shall review the analysis stored so as to be readily available for and reports and request public com- inspection. ments. Upon review of all available (ii) Beginning September 1, 1997, and sources of information, the Committee for the 1997 fishing year only, a vessel
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may land up to 1,000 lb (453.6 kg) of ing-out of the multispecies DAS pro- haddock per day, or any part of a day, gram under § 648.10(c)(3) that have uti- up to 10,000 lb (4,536.0 kg) per trip. Once lized ‘‘part of a day’’ (less than 24 the Regional Administrator projects hours) may land up to an additional that 1,150 mt will be harvested, NMFS 1,000 lb (453.6 kg) of cod for that ‘‘part will publish a notice in the FEDERAL of a day’’, however, such vessels may REGISTER that on a specific date the not end any subsequent trip with cod possession limit will revert to 1,000 lb on board within the 24-hour period fol- (453.6 kg) per trip. At such time that lowing the beginning of the ‘‘part of the 1,000 lb (453.6 kg) per trip posses- the day’’ utilized (e.g., a vessel that sion limit is reinstated, vessels will be has called-in to the multispecies DAS subject to the restrictions specified in program at 3 p.m. on a Monday and paragraph (a)(1)(i) of this section. Had- ends its trip the next day (Tuesday) at dock on board a vessel subject to this 4 p.m. (accruing a total of 25 hours) landing limit must be separated from may legally land up to 2,000 lb (907.2 other species of fish and stored so as to kg) of cod on such a trip, but the vessel be readily available for inspection. may not end any subsequent trip with (2) Scallop dredge vessels. (i) No person cod on board until after 3 p.m. on the owning or operating a scallop dredge following day (Wednesday)). Cod on vessel issued a multispecies permit board a vessel subject to this landing may land haddock from, or possess limit must be separated from other haddock on board, a scallop dredge ves- species of fish and stored so as to be sel, from January 1 through June 30. readily available for inspection. (ii) No person owning or operating a (ii) A vessel subject to the cod land- scallop dredge vessel without a multi- ing limit restrictions described in para- species permit may possess haddock in, graph (b)(1)(i) of this section may come or harvested from, the EEZ, from Janu- into port with and offload cod in excess ary 1 through June 30. of the landing limit as determined by (iii) From July 1 through December the number of DAS elapsed since the 31, scallop dredge vessels or persons vessel called into the DAS program, owning or operating a scallop dredge provided that: vessel that is fishing under a scallop (A) The vessel operator does not call- DAS allocated under § 648.53 may land out of the DAS program as described or possess on board up to 300 lb (136.1 under § 648.10(c)(3) until sufficient time kg) of haddock provided that the vessel has elapsed to account for and justify has at least one standard tote on board. the amount of cod harvested at the This restriction does not apply to ves- time of offloading regardless if whether sels issued NE multispecies Combina- all of the cod on board is offloaded tion Vessel permits that are fishing (e.g., a vessel that has called-in to the under a multispecies DAS. Haddock on multispecies DAS program at 3 p.m. on board a vessel subject to this posses- Monday may fish and come back into sion limit must be separated from port at 4 p.m. on Wednesday of that other species of fish and stored so as to same week with 4,000 lb (1,814.4 kg) of be readily available for inspection. cod, and offload some or all of its (b) Cod. The following landing re- catch, but cannot call out of the DAS strictions apply May 1, 1997, through program until 3:01 p.m. the next day, April 30, 1998: Thursday (i.e., 3 days plus one (1) Landing limit north of 42°00’ North minute)); and Latitude. (i) Except as provided in para- (B) Upon entering port, and before graph (b)(2) of this section, a vessel offloading, the vessel operator notifies fishing under a NE multispecies DAS the Regional Administrator by calling may land up to 1,000 lb (453.6 kg) of cod 508–281–9278 and provides the following per day, or any part of a day, for each information: Vessel name and permit of the first 4 days of a trip, and may number, owner and caller name, phone land up to 1,500 lb (680.4 kg) of cod per number, and the hail weight of cod on day for each day, or any part of a day, board and the amount of cod to be in excess of 4 consecutive days. A day, offloaded, if any. A vessel that has not for the purposes of this paragraph, exceeded the landing limit and is off- means a 24–hour period. Vessels call- loading and ending its trip by calling
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out of the multispecies DAS program sink gillnet gear or other gillnet gear does not have to report under this call- capable of catching multispecies, with in system. the exception of single pelagic gillnet (iii) A vessel that has not exceeded gear (as described in § 648.81(f)(2)(ii)) in the cod landing limit restrictions de- the EEZ portion of the areas and for scribed in paragraph (b)(1)(i) of this the times specified in paragraphs (a) (1) section and that is offloading some or and (2) of this section. Also, all persons all of its catch without calling out of owning or operating vessels issued a the multispecies DAS program under limited access multispecies permit § 648.10(c)(3), is subject to the call-in re- must remove all of their sink gillnet quirement described in paragraph gear and other gillnet gear capable of (b)(1)(ii)(B) of this section. catching multispecies, with the excep- (2) Exemption. A vessel fishing under tion of single pelagic gillnets (as de- a NE multispecies DAS is exempt from scribed in § 648.81(f)(2)(ii)), from the the landing limit described in para- areas and for the times specified in graph (b)(1) when fishing south of 42°00’ paragraphs (a) (1) and (2) of this sec- N. lat., provided that it does not fish north of this exemption area for a min- tion, and, may not use, set, haul back, imum of 30 consecutive days (when fish with, or possess on board, unless fishing under the multispecies DAS stowed in accordance with the require- program), and has on board an author- ments of § 648.81(e)(4), sink gillnets or ization letter issued by the Regional other gillnet gear capable of catching Administrator. Vessels exempt from multispecies, with the exception of sin- the landing limit requirement may gle pelagic gillnets (as described in transit the GOM/GB Regulated Mesh § 648.81(f)(2)(ii)) in the areas and for the Area north of the 42°00’ N. lat., pro- times specified in paragraphs (a) (1) vided that their gear is stowed in ac- and (2) of this section. cordance with one of the provisions of (1) Mid-coast Closure Area. (i) From § 648.81(e). March 25 through April 25 and from (c) Other possession restrictions. Ves- September 15 through December 31 of sels are subject to any other applicable each fishing year, the restrictions and possession limit restrictions of this requirements specified in paragraph (a) part. of this section apply to the Mid-coast [61 FR 34968, July 3, 1996, as amended at 62 Closure Area, as defined under FR 14650, Mar. 27, 1997; 62 FR 15389, Apr. 1, § 648.81(g)(1), except as provided in para- 1997; 62 FR 37157, July 11, 1997] graph (a)(1)(ii) of this section. (ii) Vessels subject to the restrictions § 648.87 Gillnet requirements to re- and regulations specified in paragraph duce or prevent marine mammal takes. (a) of this section may fish in the Mid- coast Closure Area, as defined under (a) Areas closed to gillnet gear capable § 648.81(g)(1), from November 1 through of catching multispecies to reduce harbor December 31 of each fishing year, pro- porpoise takes. Sections 648.81(f) vided that an acoustic deterrent device through (h) set forth closed area re- (‘‘pinger’’) is attached at the end of strictions to reduce the take of harbor each string of nets and at the bridle of porpoise consistent with the harbor porpoise mortality reduction goals. every net within a string of nets, and is Further, all persons owning or operat- maintained as operational and func- ing vessels in the EEZ portion of the tioning. Each pinger, when immersed areas and times specified in paragraphs in water, must broadcast a 10kHz +/ (a) (1) and (2) of this section must re- ¥2kHz sound at 132 dB +/¥4dB re 1 move all of their sink gillnet gear and micropascal at 1 m. This sound must other gillnet gear capable of catching last 300 milliseconds and repeat every 4 multispecies, with the exception of sin- seconds. gle pelagic gillnets (as described in (2) Cape Cod South Closure Area. From § 648.81(f)(2)(ii)), and may not use, set, March 1 through March 30 of each fish- haul back, fish with, or possess on ing year, the restrictions and require- board, unless stowed in accordance ments specified in paragraph (a) of this with the requirements of § 648.81(e)(4), section apply to the Cape Cod South
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Closure Area (copies of a chart depict- CAPE COD BAY CRITICAL HABITAT CLOSURE ing this area are available from the Re- AREAÐContinued gional Administrator upon request), which is the area bounded by straight Point N. latitude W. longitude lines connecting the following points in CCB4 ...... 42°08′ N 70°30′ W the order stated. Then due north to CCB1.
CAPE COD SOUTH CLOSURE AREA (2) Great South Channel Critical Habi- tat Closure Area. From April 1 through Point N. latitude W. longitude June 30 of each year, the restrictions CCS1 ...... (1) 71°45′ W and requirements specified in para- CCS2 ...... 40°40′ N 71°45′ W graph (b) of this section apply to the CCS3 ...... 40°40′ N 70°30′ W CCS4 ...... (2) 70°30′ W Great South Channel Critical Habitat Closure Area (copies of a chart depict- 1 RI Shoreline. 2 MA Shoreline. ing this area are available from the Re- gional Administrator upon request), (b) Areas closed to gillnet gear capable which is the area bounded by straight of catching multispecies to prevent right lines connecting the following points in whale takes. All persons owning or op- the order stated. erating vessels must remove all of their sink gillnet gear and gillnet gear GREAT SOUTH CHANNEL CRITICAL HABITAT capable of catching multispecies, with CLOSURE AREA the exception of single pelagic gillnets (as described in § 648.81(f)(2)(ii)), from Point N. latitude W. longitude the EEZ portion of the areas and for GSC1 ...... 41°02.2′ N 69°02′ W the times specified in (b)(1) and (2) of GSC2 ...... 41°43.5′ N 69°36.3′ W this section, and may not use, set, haul GSC3 ...... 42°10′ N 68°31′ W GSC4 ...... 41°38′ N 68°13′ W back, fish with, or possess on board, unless stowed in accordance with the (c) Framework adjustment. (1) At least requirements of § 648.81(e)(4), sink annually, the Regional Administrator gillnet gear or gillnet gear capable of will provide the NEFMC with the best catching multispecies, with the excep- available information on the status of tion of single pelagic gillnet gear (as Gulf of Maine harbor porpoise, includ- described in § 648.81(f)(2)(ii)) in the EEZ ing estimates of abundance and esti- portion of the areas and for the times mates of bycatch in the sink gillnet specified in paragraphs (b)(1) and (2) of fishery. Within 60 days of receipt of this section. that information, the NEFMC’s HPRT (1) Cape Cod Bay Critical Habitat Clo- shall complete a review of the data, as- sure Area. From March 27, 1997 through sess the adequacy of existing regula- May 15, 1997 and from January 1 tions, evaluate the impacts of other through May 15 of each subsequent measures that reduce harbor porpoise year, the restrictions and requirements take and, if necessary, recommend ad- specified in paragraph (b) of this sec- ditional measures in light of the tion apply to the Cape Cod Bay Critical NEFMC’s harbor porpoise mortality re- Habitat Closure Area (copies of a chart duction goals. In addition, the HPRT depicting this area are available from shall make a determination on whether the Regional Administrator upon re- other conservation issues exist that re- quest), which is the area bounded by quire a management response to meet straight lines connecting the following the goals and objectives outlined in the points in the order stated. NE Multispecies FMP. The HPRT shall report its findings and recommenda- CAPE COD BAY CRITICAL HABITAT CLOSURE tions to the NEFMC. AREA (2) After receiving and reviewing the Point N. latitude W. longitude HPRT’s findings and recommendations, the NEFMC shall determine whether CCB1 ...... 42°12′ N 70°30′ W CCB2 ...... 42°12′ N 70°15′ W adjustments or additional management CCB3 ...... 42°08′ N 70°12.4′ W measures are necessary to meet the Then westerly along the 3 goals and objectives of the NE Multi- NM state boundary to. species FMP. If the NEFMC determines
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that adjustments or additional man- (b) Charter/party permit. A vessel that agement measures are necessary, or at has been issued a valid open access any other time in consultation with multispecies charter/party permit is the HPRT, it shall develop and analyze subject to the restrictions on gear, rec- appropriate management actions over reational minimum fish sizes and pro- the span of at least two NEFMC meet- hibitions on sale specified in § 648.89, ings. and any other applicable provisions of (3) The NEFMC may request, at any this part. time, that the HPRT review and make (c) Scallop multispecies possession limit recommendations on any harbor por- permit. A vessel that has been issued a poise take reduction measures or de- valid open access scallop multispecies velop additional take reduction propos- possession limit permit may possess als. and land up to 300 lb (136.1 kg) of regu- (4) The NEFMC shall provide the pub- lated species when fishing under a scal- lic with advance notice of the avail- lop DAS allocated under § 648.53, pro- ability of the proposals, appropriate ra- vided the vessel does not fish for, pos- tionale, economic and biological analy- sess, or land haddock from January 1 ses, and opportunity to comment on through June 30 as specified under them prior to and at the second § 648.86(a)(2)(i), and provided the vessel NEFMC meeting. The NEFMC’s rec- has at least one standard tote on board. ommendation on adjustments or addi- (d) A vessel issued a valid open access tions to management measures must nonregulated multispecies permit may come from one or more of the cat- possess and land nonregulated multi- egories specified under § 648.90(b)(1). species. The vessel is subject to restric- (5) If the NEFMC recommends that tions on gear, area, and time of fishing the management measures should be specified in § 648.80 and any other appli- issued as a final rule, the NEFMC must cable provisions of this part. consider at least the factors specified [61 FR 34968, July 3, 1996, as amended at 61 in § 648.90(b)(2). FR 39910, July 31, 1996] (6) The Regional Administrator may accept, reject, or with NEFMC ap- § 648.89 Recreational and charter/ proval, modify the NEFMC’s rec- party restrictions. ommendation, including the NEFMC’s (a) Recreational gear restrictions. Per- recommendation to issue a final rule, sons aboard charter or party vessels as specified under § 648.90(b)(3). permitted under this part and not fish- ing under the DAS program, and rec- [61 FR 34968, July 3, 1996, as amended at 61 FR 47828, Sept. 11, 1996; 62 FR 52274, Oct. 7, reational fishing vessels in the EEZ, 1997] are prohibited from fishing with more than two hooks per line and one line § 648.88 Open access permit restric- per angler and must stow all other fish- tions. ing gear on board the vessel as speci- (a) Handgear permit. A vessel issued a fied under §§ 648.23(b) and 648.81(e) (2), valid open access multispecies (3), and (4). handgear permit is subject to the fol- (b) Recreational minimum fish sizes—(1) lowing restrictions: Minimum fish sizes. Persons aboard (1) The vessel may possess and land charter or party vessels permitted up to 300 lb (136.1 kg) of cod, haddock, under this part and not fishing under and yellowtail flounder, combined, per the DAS program, and recreational trip, and unlimited amounts of the fishing vessels in the EEZ, are subject other NE multispecies, provided that it to minimum fish sizes (TL) as follows: does not use or possess on board gear other than rod and reel or handlines MINIMUM FISH SIZES (TL) while in possession of, fishing for, or Inches landing NE multispecies, and provided Species it has at least one standard tote on 1996 1997+ board. Cod ...... 20 (50.8 cm) 21 (53.3 cm) (2) A vessel may not fish for, possess, Haddock ...... 20 (50.8 cm) 21 (53.3 cm) Pollock ...... 19 (48.3 cm) 19 (48.3 cm) or land regulated species from March 1 Witch flounder (gray sole) 14 (35.6 cm) 14 (35.6 cm) through March 20 of each year. Yellowtail flounder ...... 13 (33.0 cm) 13 (33.0 cm)
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MINIMUM FISH SIZES (TL)ÐContinued tions, closed areas, or other measures necessary to achieve the NE Multispe- Inches Species cies FMP goals and objectives. 1996 1997+ (1) The MSMC shall review available data pertaining to: Catch and landings, American plaice (dab) ...... 14 (35.6 cm) 14 (35.6 cm) Winter flounder (blackback) 12 (30.5 cm) 12 (30.5 cm) DAS and other measures of fishing ef- Redfish ...... 9 (22.9 cm) 9 (22.9 cm) fort, survey results, stock status, cur- rent estimates of fishing mortality, (2) Exception. Vessels may possess fil- and any other relevant information. lets less than the minimum size speci- (2) Based on this review, the MSMC fied, if the fillets are taken from legal- shall recommend target TACs and de- sized fish and are not offered or in- velop options necessary to achieve the tended for sale, trade or barter. FMP goals and objectives, which may (c) Possession restrictions. Each person include a preferred option. The MSMC on a recreational vessel may not pos- must demonstrate through analysis sess more than 10 cod and/or haddock, and documentation that the options it combined, in or harvested from the develops are expected to meet the NE EEZ. Multispecies FMP goals and objectives. (1) For purposes of counting fish, fil- The MSMC may review the perform- lets will be converted to whole fish at ance of different user groups or fleet the place of landing by dividing fillet sectors in developing options. The number by two. If fish are filleted into range of options developed by the a single (butterfly) fillet, such fillet MSMC may include any of the manage- shall be deemed to be from one whole ment measures in the NE Multispecies fish. FMP, including, but not limited to: An- (2) Cod and haddock harvested by rec- nual target TACs, which must be based reational vessels with more than one on the projected fishing mortality lev- person aboard may be pooled in one or els required to meet the goals and ob- more containers. Compliance with the jectives outlined in the NE Multispe- possession limit will be determined by cies FMP for the 10 regulated species; dividing the number of fish on board by DAS changes; possession limits; gear the number of persons aboard. If there restrictions; closed areas; permitting is a violation of the possession limit on restrictions; minimum fish sizes; rec- board a vessel carrying more than one reational fishing measures; and any person, the violation shall be deemed other management measures currently to have been committed by the owner included in the NE Multispecies FMP. and operator. (3) The NEFMC shall review the rec- (3) Cod and haddock must be stored ommended target TACs and all of the so as to be readily available for inspec- options developed by the MSMC and tion. other relevant information, consider (d) Restrictions on sale. It is unlawful public comment, and develop a rec- to sell, barter, trade, or otherwise ommendation to meet the NE Multi- transfer for a commercial purpose, or species FMP objective that is consist- to attempt to sell, barter, trade, or ent with the other applicable law. If otherwise transfer for a commercial the NEFMC does not submit a rec- purpose, NE multispecies caught or ommendation that meets the NE landed by charter or party vessels per- Multispecies FMP objectives and is mitted under this part not fishing consistent with other applicable law, under a DAS or a recreational fishing the Regional Administrator may adopt vessels fishing in the EEZ. any option developed by the MSMC, unless rejected by the NEFMC, as spec- § 648.90 Framework specifications. ified in paragraph (a)(6) of this section, (a) Annual review. The Multispecies provided the option meets the NE Monitoring Committee (MSMC) shall Multispecies FMP objective and is con- meet on or before November 15 of each sistent with other applicable law. year to develop target TACs for the up- (4) Based on this review, the NEFMC coming fishing year and options for shall submit a recommendation to the NEFMC consideration on any changes, Regional Administrator of any adjustment or additions to DAS alloca- changes, adjustments or additions to
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DAS allocations, closed areas or other gional Administrator may publish as a measures necessary to achieve the NE proposed rule one of the options re- Multispecies FMP’s goals and objec- viewed and not rejected by the NEFMC, tives. Included in the NEFMC’s rec- provided that the option meets the ommendation will be supporting docu- FMP objective and is consistent with ments, as appropriate, concerning the other applicable law. If, after consider- environmental and economic impacts ing public comment, the Regional Ad- of the proposed action and the other ministrator decides to approve the op- options considered by the NEFMC. tion published as a proposed rule, the (5) If the NEFMC submits, on or be- action will be published as a final rule fore January 7, a recommendation to in the FEDERAL REGISTER. the Regional Administrator after one (b) Within season management action. NEFMC meeting, and the Regional Ad- The Council may, at any time, initiate ministrator concurs with the rec- action to add or adjust management ommendation, the Regional Adminis- measures if it finds that action is nec- trator shall publish the NEFMC’s rec- essary to meet or be consistent with ommendation in the FEDERAL REG- the goals and objectives of the North- ISTER as a proposed rule. The FEDERAL east Multispecies FMP or to address REGISTER notification of the proposed gear conflicts as defined under § 600.10 action will provide a 30-day public of this chapter. comment period. The NEFMC may in- (1) Adjustment process. After a man- stead submit its recommendation on or agement action has been initiated, the before February 1, if it chooses to fol- Council shall develop and analyze ap- low the framework process outlined in propriate management actions over the paragraph (b) of this section and re- span of at least two Council meetings. quests that the Regional Adminis- The Council shall provide the public trator publish the recommendation as with advance notice of the availability a final rule. If the Regional Adminis- of both the proposals and the analysis trator concurs that the NEFMC’s rec- and opportunity to comment on them ommendation meets the NE Multispe- prior to and at the second Council cies FMP objective and is consistent meeting. The Council’s recommenda- with other applicable law, and deter- tion on adjustments or additions to mines that the recommended manage- management measures, other than to ment measures should be published as address gear conflicts, must come from a final rule, the action will be pub- one or more of the following cat- lished as a final rule in the FEDERAL egories: DAS changes, effort monitor- REGISTER. If the Regional Adminis- ing, data reporting, possession limits, trator concurs that the recommenda- gear restrictions, closed areas, permit- tion meets the FMP objective and is ting restrictions, crew limits, mini- consistent with other applicable law mum fish sizes, onboard observers, and determines that a proposed rule is minimum hook size and hook style, the warranted, and, as a result, the effec- use of crucifiers in the hook-gear fish- tive date of a final rule falls after the ery, fleet sector shares, recreational start of the fishing year on May 1, fish- fishing measures, area closures and ing may continue. However, DAS used other appropriate measures to mitigate by a vessel on or after May 1 will be marine mammal entanglements and counted against any DAS allocation interactions, and any other manage- the vessel ultimately receives for that ment measures currently included in year. the FMP. (6) If the Regional Administrator (2) Adjustment process for gear con- concurs in the NEFMC’s recommenda- flicts. The Council may develop a rec- tion, a final rule shall be published in ommendation on measures to address the FEDERAL REGISTER on or about gear conflict as defined under 50 CFR April 1 of each year, with the exception 600.10, in accordance with the proce- noted in paragraph (a)(5) of this sec- dure specified in § 648.55(d) and (e). tion. If the NEFMC fails to submit a (3) NEFMC recommendation. After de- recommendation to the Regional Ad- veloping management actions and re- ministrator by February 1 that meets ceiving public testimony, the NEFMC the FMP goals and objectives, the Re- shall make a recommendation to the
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Regional Administrator. The NEFMC’s concurs with the NEFMC recommenda- recommendation must include support- tion, the measures will be issued as a ing rationale and, if management final rule in the FEDERAL REGISTER. measures are recommended, an analy- (iii) If the Regional Administrator sis of impacts and a recommendation does not concur, the NEFMC will be to the Regional Administrator on notified in writing of the reasons for whether to issue the management the non-concurrence. measures as a final rule. If the NEFMC (c) Emergency action. Nothing in this recommends that the management section is meant to derogate from the measures should be issued as a final authority of the Secretary to take rule, the NEFMC must consider at emergency action under section 305(e) least the following factors and provide of the Magnuson Act. support and analysis for each factor considered: [61 FR 34968, July 3, 1996, as amended at 62 (i) Whether the availability of data FR 1405, Jan. 10, 1997; 62 FR 14650, Mar. 27, on which the recommended manage- 1997] ment measures are based allows for adequate time to publish a proposed Subpart G—Management Meas- rule, and whether regulations have to ures for the Summer Flounder be in place for an entire harvest/fishing Fisheries season. (ii) Whether there has been adequate § 648.100 Catch quotas and other re- notice and opportunity for participa- strictions. tion by the public and members of the (a) Annual review. The Summer affected industry in the development of Flounder Monitoring Committee shall the NEFMC’s recommended manage- review the following data on or before ment measures. (iii) Whether there is an immediate August 15 of each year to determine need to protect the resource or to im- the allowable levels of fishing and pose management measures to resolve other restrictions necessary to achieve gear conflicts. a fishing mortality rate (F) of 0.41 in (iv) Whether there will be a continu- 1996, 0.30 in 1997, and 0.23 in 1998 and ing evaluation of management meas- thereafter, provided the allowable lev- ures adopted following their implemen- els of fishing in 1996 and 1997 may not tation as a final rule. exceed 18,518,830 lb (8,400 mt), unless (4) Regional Administrator action. If such fishing levels have an associated the NEFMC’s recommendation includes F of 0.23: Commercial and recreational adjustments or additions to manage- catch data; current estimates of fishing ment measures and, after reviewing the mortality; stock status; recent esti- NEFMC’s recommendation and sup- mates of recruitment; virtual popu- porting information: lation analysis results; levels of non- (i) If the Regional Administrator con- compliance by fishermen or individual curs with the NEFMC’s recommended states; impact of size/mesh regulations; management measures and determines sea sampling and winter trawl survey that the recommended management data or, if sea sampling data are un- measures should be issued as a final available, length frequency informa- rule based on the factors specified in tion from the winter trawl survey and paragraph (b)(2) of this section, the mesh selectivity analyses; impact of measures will be issued as a final rule gear other than otter trawls on the in the FEDERAL REGISTER. mortality of summer flounder; and any (ii) If the Regional Administrator other relevant information. concurs with the NEFMC’s rec- (b) Recommended measures. Based on ommendation and determines that the this review, the Summer Flounder recommended management measures Monitoring Committee shall rec- should be published first as a proposed ommend to the Demersal Species Com- rule, the measures will be published as mittee of the MAFMC and the Commis- a proposed rule in the FEDERAL REG- sion the following measures to assure ISTER. After additional public com- that the F specified in paragraph (a) of ment, if the Regional Administrator this section will not be exceeded:
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(1) Commercial quota set from a comment, the Regional Administrator range of 0 to the maximum allowed to will publish a final rule in the FEDERAL achieve the specified F. REGISTER to implement the measures (2) Commercial minimum fish size. necessary to assure that the applicable (3) Minimum mesh size. specified F will not be exceeded. (4) Recreational possession limit set (d) Distribution of annual quota. (1) from a range of 0 to 15 summer floun- The annual commercial quota will be der to achieve the specified F. distributed to the states, based upon (5) Recreational minimum fish size. the following percentages: (6) Recreational season. (7) Restrictions on gear other than ANNUAL COMMERCIAL QUOTA SHARES otter trawls. Share (8) Adjustments to the exempted area State (percent) boundary and season specified in Maine ...... 0.04756 § 648.104(b)(1) by 30-minute intervals of New Hampshire ...... 0.00046 latitude and longitude and 2-week in- Massachusetts ...... 6.82046 tervals, respectively, based on data Rhode Island ...... 15.68298 Connecticut ...... 2.25708 specified in paragraph (a) of this sec- New York ...... 7.64699 tion to prevent discarding of sublegal New Jersey ...... 16.72499 sized summer flounder in excess of 10 Delaware ...... 0.01779 Maryland ...... 2.03910 percent, by weight. Virginia ...... 21.31676 (c) Annual fishing measures. The North Carolina ...... 27.44584 Demersal Species Committee shall re- view the recommendations of the Sum- (2) All summer flounder landed for mer Flounder Monitoring Committee. sale in a state shall be applied against Based on these recommendations and that state’s annual commercial quota, any public comment, the Demersal regardless of where the summer floun- Species Committee shall recommend to der were harvested. Any overages of the MAFMC measures necessary to as- the commercial quota landed in any sure that the applicable specified F state will be deducted from that state’s will not be exceeded. The MAFMC shall annual quota for the following year. review these recommendations and, (e) Quota transfers and combinations. based on the recommendations and any Any state implementing a state com- public comment, recommend to the Re- mercial quota for summer flounder gional Administrator measures nec- may request approval from the Re- essary to assure that the applicable gional Administrator to transfer part specified F will not be exceeded. The or all of its annual quota to one or MAFMC’s recommendations must in- more states. Two or more states imple- clude supporting documentation, as ap- menting a state commercial quota for propriate, concerning the environ- summer flounder may request approval mental and economic impacts of the from the Regional Administrator to recommendations. The Regional Ad- combine their quotas, or part of their ministrator shall review these rec- quotas, into an overall regional quota. ommendations and any recommenda- Requests for transfer or combination of tions of the Commission. After such re- commercial quotas for summer floun- view, the Regional Administrator will der must be made by individual or joint publish a proposed rule in the FEDERAL letter(s) signed by the principal state REGISTER by October 15 to implement a official with marine fishery manage- coastwide commercial quota and rec- ment responsibility and expertise, or reational harvest limit and additional his/her previously named designee, for management measures for the commer- each state involved. The letter(s) must cial fishery, and will publish a proposed certify that all pertinent state require- rule in the FEDERAL REGISTER by Feb- ments have been met and identify the ruary 15 to implement additional man- states involved and the amount of agement measures for the recreational quota to be transferred or combined. fishery, if he/she determines that such (1) Within 10 working days following measures are necessary to assure that the receipt of the letter(s) from the the applicable specified F will not be states involved, the Regional Adminis- exceeded. After considering public trator shall notify the appropriate
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state officials of the disposition of the or if the commercial fisheries in all request. In evaluating requests to states have been closed. The Regional transfer a quota or combine quotas, the Administrator may reopen the EEZ if Regional Administrator shall consider earlier inaction by a state has been whether: remedied by that state, or if commer- (i) The transfer or combination would cial fisheries in one or more states preclude the overall annual quota from have been reopened without causing being fully harvested. the applicable specified F to be ex- (ii) The transfer addresses an unfore- ceeded. seen variation or contingency in the fishery. (b) State quotas. The Regional Admin- (iii) The transfer is consistent with istrator will monitor state commercial the objectives of the Summer Flounder quotas based on dealer reports and FMP and Magnuson Act. other available information and shall (2) The transfer of quota or the com- determine the date when a state com- bination of quotas will be valid only for mercial quota will be harvested. The the calendar year for which the request Regional Administrator shall publish was made and will be effective upon the notification in the FEDERAL REGISTER filing by NMFS of a notice of the ap- advising a state that, effective upon a proval of the transfer or combination specific date, its commercial quota has with the Office of the Federal Register. been harvested and notifying vessel (3) A state may not submit a request and dealer permit holders that no com- to transfer quota or combine quotas if mercial quota is available for landing a request to which it is party is pend- summer flounder in that state. ing before the Regional Administrator. A state may submit a new request § 648.102 Time restrictions. when it receives notice that the Re- gional Administrator has disapproved Vessels that are not eligible for a the previous request or when notice of moratorium permit under § 648.4(a)(3) the approval of the transfer or com- and fishermen subject to the possession bination has been filed at the Office of limit may fish for summer flounder the Federal Register. from January 1 through December 31. (4) If there is a quota overage among This time period may be adjusted pur- states involved in the combination of suant to the procedures in § 648.100. quotas at the end of the fishing year, the overage will be deducted from the § 648.103 Minimum fish sizes. following year’s quota for each of the (a) The minimum size for summer states involved in the combined quota. flounder is 14 inches (35.6 cm) TL for all The deduction will be proportional, vessels issued a moratorium permit based on each state’s relative share of under § 648.4 (a)(3), except on board the combined quota for the previous party and charter boats carrying pas- year. A transfer of quota or combina- sengers for hire or carrying more than tion of quotas does not alter any three crew members, if a charter boat, state’s percentage share of the overall or more than five crew members, if a quota specified in paragraph (d) of this section. party boat; (b) The minimum size for summer [61 FR 34968, July 3, 1996, as amended at 62 flounder is 14.5 inches (36.8 cm) TL for FR 14650, Mar. 27, 1997] all vessels that do not qualify for a § 648.101 Closures. moratorium permit, and party and charter boats holding moratorium per- (a) EEZ closure. The Regional Admin- mits, but fishing with passengers for istrator shall close the EEZ to fishing for summer flounder by commercial hire or carrying more than three crew vessels for the remainder of the cal- members, if a charter boat, or more endar year by publishing notification than five crew members, if a party in the FEDERAL REGISTER if he/she de- boat. termines that the inaction of one or (c) The minimum sizes in this section more states will cause the applicable F apply to whole fish or to any part of a specified in § 648.100(a) to be exceeded, fish found in possession, e.g., fillets.
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These minimum sizes may be adjusted use’’ outside the exempted area. The pursuant to the procedures in § 648.100. Regional Administrator may terminate this exemption if he/she determines, [61 FR 34968, July 3, 1996, as amended at 62 FR 10478, Mar. 7, 1997; 62 FR 37157, July 11, after a review of sea sampling data, 1997] that vessels fishing under the exemp- tion are discarding more than 10 per- § 648.104 Gear restrictions. cent, by weight, of their entire catch of (a) General. (1) Otter trawlers whose summer flounder per trip. If the Re- owners are issued a summer flounder gional Administrator makes such a de- permit and that land or possess 100 or termination, he/she shall publish noti- more lb (45.4 or more kg) of summer fication in the FEDERAL REGISTER ter- flounder from May 1 through October minating the exemption for the re- 31, or 200 lb or more (90.8 kg or more) of mainder of the exemption season. summer flounder from November 1 (2) Vessels fishing with a two-seam through April 30, per trip, must fish otter trawl fly net with the following with nets that have a minimum mesh configuration, provided that no other size of 5.5-inch (14.0-cm) diamond mesh nets or netting with mesh smaller than or 6-inch (15.2-cm) square mesh applied 5.5 inches (14.0 cm) are on board: throughout the codend for at least 75 (i) The net has large mesh in the continuous meshes forward of the ter- wings that measures 8 inches (20.3 cm) minus of the net, or, for codends with to 64 inches (162.6 cm). less than 75 meshes, the minimum- (ii) The first body section (belly) of mesh-size codend must be a minimum the net has 35 or more meshes that are of one-third of the net, measured from at least 8 inches (20.3 cm). the terminus of the codend to the head (iii) The mesh decreases in size rope, excluding any turtle excluded de- throughout the body of the net to 2 vice extension. inches (5 cm) or smaller towards the (2) Mesh sizes are measured by a terminus of the net. wedge-shaped gauge having a taper of 2 (3) The Regional Administrator may cm in 8 cm and a thickness of 2.3 mm terminate this exemption if he/she de- inserted into the meshes under a pres- termines, after a review of sea sam- sure or pull of 5 kg. The mesh size is pling data, that vessels fishing under the average of the measurement of any the exemption, on average, are discard- series of 20 consecutive meshes for nets ing more than 1 percent of their entire having 75 or more meshes, and 10 con- catch of summer flounder per trip. If secutive meshes for nets having fewer the Regional Administrator makes than 75 meshes. The mesh in the regu- such a determination, he/she shall pub- lated portion of the net is measured at lish a notice in the FEDERAL REGISTER least five meshes away from the terminating the exemption for the re- lacings, running parallel to the long mainder of the calendar year. axis of the net. (c) Net modifications. No vessel subject (b) Exemptions. The minimum mesh- to this part shall use any device, gear, size requirements specified in para- or material, including, but not limited graph (a)(1) of this section do not apply to nets, net strengtheners, ropes, lines, to: or chafing gear, on the top of the regu- (1) Vessels issued a summer flounder lated portion of a trawl net; except moratorium permit and fishing from that, one splitting strap and one bull November 1 through April 30 in the rope (if present) consisting of line or ‘‘exemption area,’’ which is east of the rope no more than 3 inches (7.2 cm) in line that follows 72°30.0’ W. long. until diameter may be used if such splitting it intersects the outer boundary of the strap and/or bull rope does not con- EEZ. Vessels fishing with a summer strict, in any manner, the top of the flounder exemption permit shall not regulated portion of the net, and one fish west of the line. Vessels issued a rope no greater than 0.75 inches (1.9 permit under § 648.4(a)(3)(iii) may tran- cm) in diameter extending the length sit the area west or south of the line, if of the net from the belly to the ter- the vessel’s fishing gear is stowed in a minus of the codend along the top, bot- manner prescribed under § 648.100(e), so tom, and each side of the net. ‘‘Top of that it is not ‘‘available for immediate the regulated portion of the net’’
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means the 50 percent of the entire reg- mercial vessel that is not eligible for a ulated portion of the net that (in a hy- summer flounder moratorium permit pothetical situation) will not be in con- are subject to this possession limit. tact with the ocean bottom during a The owner, operator, and crew of a tow if the regulated portion of the net charter or party boat issued a summer were laid flat on the ocean floor. For flounder moratorium permit are not the purpose of this paragraph (c), head subject to the possession limit when ropes shall not be considered part of not carrying passengers for hire and the top of the regulated portion of a when the crew size does not exceed five trawl net. A vessel shall not use any for a party boat and three for a charter means or mesh configuration on the boat. top of the regulated portion of the net, (b) If whole summer flounder are as defined in § 648.104(e), if it obstructs processed into fillets, the number of the meshes of the net or otherwise fillets will be converted to whole sum- causes the size of the meshes of the net mer flounder at the place of landing by while in use to diminish to a size dividing the fillet number by two. If smaller than the minimum specified in summer flounder are filleted into sin- § 648.100(a). gle (butterfly) fillets, each fillet is (d) Mesh obstruction or constriction. (1) deemed to be from one whole summer A fishing vessel may not use any mesh flounder. configuration, mesh construction, or (c) Summer flounder harvested by other means on or in the top of the net, vessels subject to the possession limit as defined in paragraph (c) of this sec- with more than one person on board tion, that obstructs the meshes of the may be pooled in one or more contain- net in any manner. ers. Compliance with the daily posses- (2) No person on any vessel may pos- sion limit will be determined by divid- sess or fish with a net capable of catch- ing the number of summer flounder on ing summer flounder in which the bars board by the number of persons on entering or exiting the knots twist board, other than the captain and the around each other. crew. If there is a violation of the pos- (e) Stowage of nets. Otter trawl ves- session limit on board a vessel carrying sels retaining 100 lb (45.3 kg) or more of more than one person, the violation summer flounder from May 1 through shall be deemed to have been commit- October 31, or 200 lb (90.6 kg) or more of ted by the owner and operator. summer flounder from November 1 (d) Owners and operators of otter through April 30, and subject to the trawl vessels issued a permit under minimum mesh size requirement of § 648.4(a)(3) that fish with or possess paragraph (a)(1) of this section may not nets or pieces of net on board that do have ‘‘available for immediate use’’ not meet the minimum mesh require- any net or any piece of net that does ments and that are not stowed in ac- not meet the minimum mesh size re- cordance with § 648.104(f), may not re- quirement, or any net, or any piece of tain 100 lb (45.3 kg) or more of summer net, with mesh that is rigged in a man- flounder from May 1 through October ner that is inconsistent with the mini- 31, or 200 lb (90.6 kg) or more of summer mum mesh size requirement. A net flounder from November 1 through that is stowed in conformance with one April 30. Summer flounder on board of the methods specified in § 648.23(b) these vessels must be stored so as to be and that can be shown not to have been readily available for inspection in in recent use is considered to be not standard 100-lb (45.3-kg) totes or fish ‘‘available for immediate use.’’ boxes having a liquid capacity of 18.2 gal (70 L), or a volume of not more § 648.105 Possession restrictions. than 4,320 in 3 (2.5 ft 3 or 70.79 cm 3). (a) No person shall possess more than [61 FR 34968, July 3, 1996, as amended at 62 ten summer flounder in, or harvested FR 37157, July 11, 1997] from, the EEZ unless that person is the owner or operator of a fishing vessel is- § 648.106 Sea turtle conservation. sued a summer flounder moratorium This section will be suspended during permit or is issued a summer flounder the effectiveness of any temporary reg- dealer permit. Persons aboard a com- ulations issued to regulate incidental
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take of sea turtles in the summer period. Descriptions of NMFS-approved flounder fishery under authority of the TEDs can be found in § 227.72(e)(4) of ESA under parts 217, 222, 227 of this this title. This requirement applies to title. Such suspensions and temporary vessels within the EEZ bounded on the regulations will be issued by publica- north by a line along 37°05′ N. lat., tion in the FEDERAL REGISTER and will bounded on the south by a line along be effective for a specified period of 33°35′ N. lat., and bounded on the east time, not to exceed 1 year. by a line 7 nm from the shoreward (a) Sea turtle handling and resuscita- boundary of the EEZ. tion. The sea turtle handling and resus- (d) Closure of the fishery. The Re- citation requirements specified in gional Administrator may close the § 227.72(e)(1) (i) and (ii) of this title summer flounder fishery in the EEZ, or apply with respect to sea turtles inci- any part thereof, after consultation dentally taken by a vessel fishing for with the MAFMC, the Director of the summer flounder. State of North Carolina Division of Ma- (b) Sea turtle monitoring and assess- rine Fisheries, and the marine fisheries ment program. (1) The Regional Admin- agency of any other affected state, by istrator will establish a monitoring publishing notification in the FEDERAL and assessment program, in coopera- REGISTER. The Regional Administrator tion with the MAFMC and the State of shall take such action if he/she deter- North Carolina, to measure the inci- mines a closure is necessary to avoid dental take of sea turtles in the sum- jeopardizing the continued existence of mer flounder fishery, monitor compli- any species listed under the ESA. The ance with required conservation meas- determination of the impact on sea ures by trawlers, and predict inter- turtles must be based on turtle mor- actions between the fishery and sea talities and projections of turtle mor- turtles to prevent turtle mortalities. tality by the NMFS monitoring and as- (2) A scientifically designed, ob- sessment program. A closure will be server-based monitoring program in ac- applicable to those areas specified in cordance with § 648.11 may be used to the notification and for the period gather scientific data measuring the specified in the notification. The Re- incidental take of turtles by trawlers gional Administrator will provide as in the summer flounder fishery and to much advance notice as possible, con- report turtle distribution and abun- sistent with the requirements of the dance. ESA, and will have the closure an- (3) A cooperative sea turtle monitor- nounced on channel 16 of the marine ing and assessment program utilizing a VHF radio. A closure may prohibit all variety of information, including aerial fishing operations, may prohibit the and vessel surveys; onboard observers; use of certain gear, may require that individually tagged turtles; physical gear be stowed, or may impose similar parameters, such as sea surface tem- types of restrictions on fishing activi- peratures, and reports from the sea ties. The prohibitions, restrictions, and turtle stranding network; and other duration of the closure will be specified relevant and reliable information, will in the notification. assess and predict turtle distribution, (e) Reopening of the fishery. (1) The abundance, movement patterns, and Regional Administrator may reopen timing to provide information to the summer flounder fishery in the NMFS to prevent turtle mortality EEZ, or any part thereof, after con- caused by the summer flounder fishery. sultation with the MAFMC, the Direc- (c) Required use of Turtle Excluder De- tor of the State of North Carolina Divi- vices (TED). The Regional Adminis- sion of Marine Fisheries, and the ma- trator will require the use of a NMFS- rine fisheries agency of any other af- approved TED by any vessels engaged fected state, by publishing notification in summer flounder fishing operations in the FEDERAL REGISTER. The Re- and utilizing trawl gear on or after Oc- gional Administrator may reopen the tober 15 as necessary to protect sea summer flounder fishery in the EEZ, or turtles. The Regional Administrator any part thereof, if additional sea tur- will publish notification in the FED- tle conservation measures are imple- ERAL REGISTER with the specific time mented and if projections of NMFS’ sea
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turtle monitoring program indicate rates, to monitor turtle abundance, to that such measures will ensure that test alternative gear or equipment, or continued operation of the summer for other research purposes. Research flounder fishery is not likely to jeop- must be approved by the Regional Ad- ardize the continued existence of any ministrator, and it must not be likely species listed under the ESA. to jeopardize the continued existence (2) The Regional Administrator may of any species listed under the ESA. reopen the summer flounder fishery in The Regional Administrator will im- the EEZ, or any part thereof, if the sea pose such conditions as he/she deter- turtle monitoring program indicates mines necessary to ensure adequate changed conditions and if projections turtle protection during experimental of the sea turtle monitoring program projects. Individual authorizations indicate that NMFS can ensure that may be issued in writing. Authoriza- continued operation of the summer tions applying to multiple vessels will flounder fishery is not likely to jeop- be published in the FEDERAL REGISTER. ardize the continued existence of any [61 FR 34968, July 3, 1996, as amended at 62 species listed under the ESA. FR 14651, Mar. 27, 1997] (f) Additional sea turtle conservation measures. (1) The Regional Adminis- trator may impose additional sea tur- Subpart H—Management tle conservation measures, including Measures for the Scup Fishery tow-time requirements, in the EEZ, after consultation with the MAFMC, SOURCE: 61 FR 43426, Aug. 23, 1996, unless the Director of the State of North otherwise noted. Carolina Division of Marine Fisheries, and the marine fisheries agency of any § 648.120 Catch quotas and other re- other affected state, by publishing no- strictions. tification in the FEDERAL REGISTER. (a) Annual review. The Scup Monitor- The Regional Administrator shall take ing Committee shall review the follow- such action if he/she determines fur- ing data, subject to availability, on or ther measures are necessary to avoid before August 15 of each year. This re- jeopardizing the continued existence of view will be conducted to determine any species listed under the ESA or if the allowable levels of fishing and such action would allow reopening of other restrictions necessary to achieve the summer flounder fishery in the an exploitation rate of 47 percent in EEZ. The determination of the impact 1997, 1998, and 1999, 33 percent in 2000 on sea turtles must be based on turtle and 2001, and 19 percent in 2002 and mortalities and projections of turtle thereafter: Commercial and rec- mortality by the NMFS monitoring reational catch data; current estimates and assessment program. of fishing mortality; stock status; re- (2) Consistent with the procedures cent estimates of recruitment; virtual specified in § 648.10, the Regional Ad- population analysis results; levels of ministrator may require that all or a noncompliance by fishermen or indi- certain portion of the vessels engaged vidual states; impact of size/mesh regu- in fishing for summer flounder carry lations; impact of gear on the mortal- observers, consistent with the require- ity of scup; and any other relevant in- ments of § 648.10, to gather data on inci- formation. dental capture of sea turtles and to (b) Recommended measures. Based on monitor compliance with required con- this review, the Scup Monitoring Com- servation measures. This requirement mittee shall recommend the following may apply to certain types of vessels, measures to the Demersal Species certain areas, or during certain times Committee of the MAFMC and the of the year. Commission to assure that the exploi- (g) Experimental projects. Notwith- tation rate specified in paragraph (a) of standing paragraphs (a) through (f) of this section will not be exceeded: this section, the Regional Adminis- (1) The commercial quota for each of trator may authorize summer flounder the three periods specified in paragraph fishing, as a part of experimental (d)(1) of this section, to be set from a projects to measure turtle capture range of 0 to the maximum allowed to
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achieve the specified exploitation rate. NMFS will publish a proposed rule in The commercial quota will be estab- the FEDERAL REGISTER by February 15 lished by estimating the annual total to implement additional management allowable catch (TAC), allocating it measures for the recreational fishery, into the three periods, and deducting if the Regional Administrator deter- the discard estimates for each period. mines that such measures are nec- (2) Landing limits for the Winter I essary to assure that the specified ex- and Winter II periods. ploitation rate will not be exceeded. (3) Percent of landings attained at After considering public comment, which the landing limit for the Winter NMFS will publish a final rule in the I period will be reduced. FEDERAL REGISTER to implement the (4) Commercial minimum fish size. annual measures. (5) Minimum mesh size. (d) Distribution of Commercial Quota. (6) Recreational possession limit set (1) The annual commercial quota will from a range of 0 to 50 scup to achieve be allocated into three periods, based the specified exploitation rate. on the following percentages: (7) Recreational minimum fish size set from a range of 7 inches (17.8 cm) Period Percent TL to 10 inches (25.4 cm) TL. Winter IÐJanuary±April ...... 45.11 (8) Recreational season. Summer-May±October ...... 38.95 (9) Restrictions on gear. Winter IIÐNovember±December ...... 15.94 (10) Season and area closures in the (2) The Winter I and Winter II com- commercial fishery. mercial quotas will each be distributed (c) Annual fishing measures. The to the coastal states from Maine Demersal Species Committee shall re- through North Carolina on a coastwide view the recommendations of the Scup basis. Monitoring Committee. Based on these (3) The Summer commercial quota recommendations and any public com- will be allocated to the coastal states ment, the Demersal Species Committee from Maine through North Carolina, shall recommend to the MAFMC meas- based upon the following percentages: ures necessary to assure that the speci- fied exploitation rate will not be ex- SUMMER PERIOD (MAY±OCTOBER) COMMERCIAL ceeded. The MAFMC shall review these QUOTA SHARES recommendations and, based on these Share recommendations and any public com- State (percent) ment, recommend to the Regional Ad- ministrator measures necessary to as- Maine ...... 0.13042 New Hampshire ...... 0.00004 sure that the specified exploitation Massachusetts ...... 15.49120 rate will not be exceeded. The Rhode Island ...... 60.56589 MAFMC’s recommendation must in- Connecticut ...... 3.39884 New York ...... 17.05295 clude supporting documentation, as ap- New Jersey ...... 3.14307 propriate, concerning the environ- Delaware ...... 0.00000 mental and economic impacts of the Maryland ...... 0.01286 Virginia ...... 0.17789 recommendations. The Regional Ad- North Carolina ...... 0.02690 ministrator shall review these rec- Total ...... 100.00000 ommendations and any recommenda- tions of the Commission. After such re- (4) All scup landed for sale in any view, NMFS will publish a proposed state during either Winter I or Winter rule in the FEDERAL REGISTER by Octo- II shall be applied against the ber 15 to implement a commercial coastwide commercial quota for that quota, specifying the amount of quota period, regardless of where the scup allocated to each of the three periods, were harvested. All scup landed for sale landing limits for the Winter I and in a state during the Summer period Winter II periods, the percentage of shall be applied against that state’s landings attained during the Winter I summer commercial quota, regardless fishery at which the landing limits will of where the scup were harvested. be reduced, a recreational harvest (5) All scup landed for sale in any limit and additional management state during the period January 1, 1997, measures for the commercial fishery. through April 30, 1997, shall be applied
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against the coastwide commercial fishery management responsibility and quota for the 1997 Winter I period, re- expertise, or his or her previously gardless of where the scup were har- named designee, for each state in- vested. Any landings during that time volved. The letter(s) must certify that in excess of the 1997 Winter I commer- all pertinent state requirements have cial quota will be subtracted from the been met and identify the states in- 1997 Winter II period’s allocation. Any volved and the amount of quota to be overage beyond the 1997 Winter II allo- transferred or combined. cation will be deducted from subse- (1) Within 10 working days following quent winter periods. the receipt of the letter(s) from the (6) Beginning in 1997, any overages of states involved, the Regional Adminis- the commercial quota landed in any trator shall notify the appropriate state during the Summer period will be state officials of the disposition of the deducted from that state’s Summer pe- request. In evaluating requests to riod quota for the following year. Be- transfer a quota or combine quotas, the ginning in 1998, any overages of the Regional Administrator shall consider commercial quota landed in any Win- whether: ter period will be subtracted from the (i) The transfer or combination would period’s allocation for the following preclude the overall Summer period year. quota from being fully harvested. (7) Based upon any changes in the (ii) The transfer addresses an unfore- landings data available from the states seen variation or contingency in the for the base years 1983–92, the Commis- fishery. sion and the Council may recommend (iii) The transfer is consistent with to the Regional Administrator that the the objectives of the Summer Floun- states’ shares specified in paragraph der, Scup, and Black Sea Bass FMP and (d)(3) of this section and the period al- the Magnuson-Stevens Act. locations specified in paragraph (d)(1) (2) The transfer of quota or the com- of this section be revised. The Council’s bination of quotas will be valid only for and the Commission’s recommendation the Summer period for which the re- must include supporting documenta- quest was made and will be effective tion, as appropriate, concerning the en- upon the filing by NMFS of a notifica- vironmental and economic impacts of tion of approval of the quota transfer the recommendation. The Regional Ad- or combination with the Office of the ministrator shall review the rec- Federal Register. ommendation of the Commission and (3) A state may not submit a request the Council. After such review, NMFS to transfer quota or combine quotas if will publish a proposed rule in the FED- a request to which it is party is pend- ERAL REGISTER to implement a revision ing before the Regional Administrator. in the state shares. After considering A state may submit a new request public comment, NMFS will publish a when it receives notice that the Re- final rule in the FEDERAL REGISTER to gional Administrator has disapproved implement the changes in allocation. the previous request or when notifica- (e) Quota transfers and combinations. tion of approval of the quota transfer Any state implementing a state com- or combination has been filed at the mercial quota for scup may request ap- Office of the Federal Register. proval from the Regional Adminis- (4) If there is a quota overage among trator to transfer part or all of its states involved in the combination of Summer period quota to one or more quotas at the end of the Summer pe- states. Two or more states implement- riod, the overage will be deducted from ing a state commercial quota for scup the following Summer period’s quota may request approval from the Re- for each of the states involved in the gional Administrator to combine their combined quota. The deduction will be quotas, or part of their quotas, into an proportional, based on each state’s rel- overall regional quota. Requests for ative share of the combined quota for transfer or combination of commercial the previous Summer period. A trans- quotas for scup must be made by indi- fer of quota or combination of quotas vidual or joint letter(s) signed by the does not alter any state’s percentage principal state official with marine share of the overall Summer period
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quota specified in paragraph (d) of this 4,000 lb or more (1,814 kg or more) of section. scup from November 1 through April 30 or 1,000 lb or more (454 kg or more) of [61 FR 43426, Aug. 23, 1996, as amended at 62 FR 27984, May 22, 1997] scup from May 1 through October 31 must fish with nets that have a mini- § 648.121 Closures. mum mesh size of 4.5 inches (11.43 cm) (a) Winter closures. The Regional Ad- diamond mesh, applied throughout the ministrator will monitor the harvest of codend for at least 75 continuous commercial quota for each Winter pe- meshes forward of the terminus of the riod based on dealer reports, state net, or for codends with less than 75 data, and other available information meshes, the minimum-mesh-size and shall determine the date when the codend must be a minimum of one- commercial quota for a Winter period third of the net, measured from the will be harvested. NMFS shall close the terminus of the codend to the head EEZ to fishing for scup by commercial rope, excluding any turtle excluder de- vessels for the remainder of the indi- vice extension. Scup on board these cated period by publishing notification vessels shall be stored separately and kept readily available for inspection. in the FEDERAL REGISTER advising that, effective upon a specific date, the (2) Mesh-size measurement. Mesh sizes commercial quota for that period has will be measured according to the pro- been harvested, and notifying vessel cedure specified in § 648.104(a)(2). and dealer permit holders that no com- (3) Net modification. The owner or op- mercial quota is available for landing erator of a fishing vessel subject to the scup for the remainder of the period. minimum mesh requirement in para- (b) Summer closure. The Regional Ad- graph (a)(1) of this section shall not use ministrator will monitor the Summer any device, gear, or material, includ- period state commercial quota based ing, but not limited to, nets, net on dealer reports, state data, and other strengtheners, ropes, lines, or chafing available information, and shall deter- gear, on the top of the regulated por- mine the date when a state’s commer- tion of a trawl net. However, one split- cial quota will be harvested. NMFS ting strap and one bull rope (if present), consisting of line or rope no shall publish notification in the FED- more than 3 inches (7.2 cm) in diame- ERAL REGISTER advising a state that, effective upon a specific date, its Sum- ter, may be used if such splitting strap mer period commercial quota has been and/or bull rope does not constrict in harvested and notifying vessel and any manner the top of the regulated dealer permit holders that no Summer portion of the net, and one rope no period commercial quota is available greater that 0.75 inches (1.9 cm) in di- for landing scup in that state for the ameter extending the length of the net remainder of the period. from the belly to the terminus of the codend along the top, bottom, and each [62 FR 27985, May 22, 1997] side of the net. ‘‘Top of the regulated portion of the net’’ means the 50 per- § 648.122 Season and area restrictions. cent of the entire regulated portion of If the MAFMC determines through the net that (in a hypothetical situa- its annual review process that seasonal tion) will not be in contact with the restrictions or area closures are nec- ocean bottom during a tow if the regu- essary for the commercial or rec- lated portion of the net were laid flat reational sectors to assure that the ex- on the ocean floor. For the purpose of ploitation rate is not exceeded, or to this paragraph (a)(3), head ropes are attain other FMP objectives, such not considered part of the top of the measures will be enacted through the regulated portion of a trawl net. procedure specified in § 648.120. (4) Mesh obstruction or constriction. (i) The owner or operator of a fishing ves- § 648.123 Gear restrictions. sel subject to the minimum mesh re- (a) Travel vessel gear restrictions—(1) striction in paragraph (a)(1) of this sec- Minimum mesh size. The owners or oper- tion shall not use any mesh construc- ators of otter trawlers issued a scup tion, mesh configuration, or other moratorium permit, and that possess means on or in the top of the regulated
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portion of the net, as defined in para- (2) Escape vents. (i) All scup pots or graph (a)(3) of this section, if it ob- traps that have a circular escape vent structs the meshes of the net in any with a minimum of 3.1 inches (7.9 cm) manner. in diameter, or a square escape vent (ii) The owner or operator of a fishing with a minimum of 2.25 inches (5.7 cm) vessel subject to the minimum mesh for each side, or an equivalent rectan- requirement in paragraph (a)(1) of this gular escape vent. section may not use a net capable of (ii) The minimum escape vent size catching scup if the bars entering or set forth in paragraph (b)(2)(i) of this exiting the knots twist around each section may be revised following the other. procedures in § 648.120. (5) Stowage of nets. The owner or oper- (3) Pot and trap identification. Pots or ator of an otter trawl vessel retaining traps used in fishing for scup must be 4,000 lb or more (1,814 kg or more) of marked with a code of identification scup and subject to the minimum mesh that may be the number assigned by requirement in paragraph (a)(1) of this the Regional Administrator and/or the section, may not have available for im- identification marking as required by mediate use any net, or any piece of the vessel’s home port state. net, not meeting the minimum mesh size requirement, or mesh that is [61 FR 43426, Aug. 23, 1996, as amended at 61 rigged in a manner that is inconsistent FR 56126, Oct. 31, 1996; 62 FR 12107, Mar. 14, 1997] with the minimum mesh size. A net that conforms to one of the methods § 648.124 Minimum fish sizes. specified in § 648.23(b) and that can be shown not to have been in recent use is (a) The minimum size for scup is 9 considered to be not ‘‘available for im- inches (22.9 cm) TL for all vessels is- mediate use.’’ sued a moratorium permit under (6) Roller gear. The owner or operator § 648.4(a)(6). If such a vessel is also is- of an otter trawl vessel issued a mora- sued a charter and party boat permit torium permit pursuant to § 648.4(a)(6) and is carrying passengers for hire, or shall not use roller rig trawl gear carrying more than three crew mem- equipped with rollers greater than 18 bers if a charter boat, or more than inches (45.7 cm) in diameter. five crew members if a party boat, then (7) Procedures for changes. The mini- the minimum size specified in para- mum net mesh and the threshold catch graph (b) of this section applies. level at which it is required set forth in (b) The minimum size for scup is 7 paragraph (a)(1) of this section, and the inches (17.8 cm) TL for all vessels that maximum roller diameter set forth in do not have a moratorium permit, or paragraph (a)(6) of this section, may be for party and charter vessels that are changed following the procedures in issued a moratorium permit but are § 648.120. fishing with passengers for hire, or car- (b) Pot and trap gear restrictions. Own- rying more than three crew members if ers or operators of vessels subject to a charter boat, or more than five crew this part must fish with scup pots or members if a party boat. traps that comply with the following: (c) The minimum size applies to (1) Degradable hinges. A scup pot or whole fish or any part of a fish found in trap must have degradable hinges and possession, e.g., fillets. These mini- fasteners made of one of the following mum sizes may be adjusted pursuant to degradable materials: the procedures in § 648.120. (i) Untreated hemp, jute, or cotton string of 3⁄16 inches (4.8 mm) diameter § 648.125 Possession limit. or smaller; (a) Pursuant to the procedures in (ii) Magnesium alloy, timed float re- § 648.120, the Regional Administrator leases (pop-up devices) or similar mag- may limit the number of scup that may nesium alloy fasteners; or be possessed in or harvested from the (iii) Ungalvanized or uncoated iron EEZ north of 35°15.3′ N. lat. by persons wire of 0.094 inches (2.4 mm) diameter aboard vessels that have not been is- or smaller. sued a valid moratorium permit.
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(b) If whole scup are processed into bass in 1998, 1999, and 2000; a target ex- fillets, an authorized officer will con- ploitation rate of 37 percent in 2001 and vert the number of fillets to whole scup 2002; and a target exploitation rate of at the place of landing by dividing fil- 23 percent (based on Fmax) in 2003 and let number by 2. If scup are filleted subsequent years: Commercial and rec- into a single (butterfly) fillet, such fil- reational catch data; current estimates let shall be deemed to be from one of fishing mortality; stock status; re- whole scup. cent estimates of recruitment; virtual (c) Scup harvested by vessels subject population analysis results; levels of to the possession limit with more than noncompliance by fishermen or indi- one person aboard may be pooled in one vidual states; impact of size/mesh regu- or more containers. Compliance with lations; sea sampling and winter trawl the daily possession limit will be deter- survey data, or if sea sampling data are mined by dividing the number of scup unavailable, length frequency informa- on board by the number of persons tion from the winter trawl survey and aboard other than the captain and mesh selectivity analyses; impact of crew. If there is a violation of the pos- gear other than otter trawls, pots and session limit on board a vessel carrying traps on the mortality of black sea more than one person, the violation bass; and any other relevant informa- shall be deemed to have been commit- tion. ted by the owner and operator. (b) Recommended measures. Based on (d) Scup and scup parts harvested by this review, the Black Sea Bass Mon- a vessel with a moratorium or charter itoring Committee will recommend to or party boat scup permit, or in or the Demersal Species Committee of the from the EEZ north of 35°15.3′ N. lat., Council and the Commission the fol- may not be landed with the skin re- lowing measures to assure that the tar- moved. get exploitation rate specified in para- § 648.126 Protection of threatened and graph (a) of this section is not ex- endangered sea turtles. ceeded: This section supplements existing (1) A commercial quota allocated to regulations issued to regulate inciden- quarterly periods set from a range of tal take of sea turtles under authority (0) to the maximum allowed to achieve of the Endangered Species Act under 50 the specified target exploitation rate CFR parts 217 and 227. In addition to specified in paragraph (a) of this sec- the measures required under those tion. Implementation of this measure parts, NMFS will investigate the ex- will begin in 1998. tent of take in flynet gear and if (2) A commercial trip limit for all deemed appropriate, may develop and moratorium vessels set from a range of certify a Turtle Excluder Device for (0) to the maximum allowed to assure that gear. that the quarterly quota is not ex- ceeded. Subpart I—Management Meas- (3) Commercial minimum fish size. ures for the Black Sea Bass (4) Minimum mesh size in the codend Fishery or throughout the net and the catch threshold that will require compliance with the minimum mesh requirement. SOURCE: 61 FR 58467, Nov. 15, 1996, unless otherwise noted. (5) Escape vent size. (6) A recreational possession limit set § 648.140 Catch quotas and other re- from a range of (0) to the maximum al- strictions. lowed to achieve the target exploi- (a) Annual review. The Black Sea tation rate specified in paragraph (a) of Bass Monitoring Committee will re- this section. Implementation of this view the following data, subject to measure will begin in 1998. availability, on or before August 15 of (7) Recreational minimum fish size. each year to determine the allowable (8) Recreational season. This measure levels of fishing and other restrictions may be adjusted beginning in 1998. necessary to result in a target exploi- (9) Restrictions on gear other than tation rate of 48 percent for black sea otter trawls and pots or traps.
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(c) Annual fishing measures. The QUARTERLY COMMERCIAL QUOTA SHARESÐ Demersal Species Committee shall re- Continued view the recommendations of the Share Black Sea Bass Monitoring Committee. Quarter (percent) Based on these recommendations and any public comment, the Demersal April±June ...... 29.26 July±September ...... 12.33 Species Committee shall make its rec- October±December ...... 19.77 ommendations to the Council with re- spect to the measures necessary to as- (2) All black sea bass landed for sale sure that the target exploitation rate in the states from North Carolina specified in paragraph (a) of this sec- through Maine by a vessel with a mora- tion is not exceeded. The Council shall torium permit issued under § 648.4(a)(7) review these recommendations and, shall be applied against that quarter’s based on the recommendations and commercial quota, regardless of where public comment, make recommenda- the black sea bass were harvested. All tions to the Regional Administrator black sea bass harvested north of with respect to the measures necessary 35°15.3′ N. lat., and landed for sale in to assure that the target exploitation the states from North Carolina through rate specified in paragraph (a) of this Maine by any vessel without a morato- section is not exceeded. Included in the rium permit and fishing exclusively in recommendation will be supporting state waters will be counted against documents, as appropriate, concerning the quota by the state in which it is the environmental and economic im- landed pursuant to the Fishery Man- pacts of the proposed action. The Re- agement Plan for the Black Sea Bass gional Administrator will review these Fishery adopted by the Commission. recommendations and any rec- The Regional Administrator will deter- ommendations of the Commission. mine the date on which the quarterly After such review, the Regional Admin- quota will be harvested and the EEZ istrator will publish a proposed rule in north of 35°15.3′ N. lat. closed. The Re- the FEDERAL REGISTER by October 15 to gional Administrator will publish a no- implement a commercial quota and a tice in the FEDERAL REGISTER advising recreational harvest limit, and addi- that, upon that date, no vessel may tional management measures for the possess black sea bass in the EEZ north commercial fishery, and will publish a of 35°15.3′ N. lat. during a closure, nor proposed rule in the FEDERAL REGISTER may vessels issued a moratorium per- by February 15 to implement addi- mit land black sea bass during the clo- tional management measures for the sure. Individual states will have the re- recreational fishery, if he or she deter- sponsibility to close their ports to mines that such measures are nec- landings of black sea bass during a clo- essary to assure that the target exploi- sure pursuant to the Fishery Manage- tation rate specified in paragraph (a) of ment Plan for the Black Sea Bass Fish- this section is not exceeded. After con- ery adopted by the Commission. Any sidering public comment, the Regional overages of the commercial quarterly Administrator will publish a final rule quota landed will be deducted from in the FEDERAL REGISTER to implement that quarter’s quota for the following the measures necessary to assure that year. the target exploitation rate specified in paragraph (a) of this section is not § 648.141 Closure. exceeded. EEZ closure. The Regional Adminis- (d) Distribution of annual quota. (1) trator shall close the EEZ to fishing Beginning January 1, 1998, a commer- for black sea bass by commercial ves- cial quota will be allocated by quar- sels issued a moratorium permit for terly periods based upon the following the remainder of the calendar year by percentages: publishing notification in the FEDERAL REGISTER if he or she determines that QUARTERLY COMMERCIAL QUOTA SHARES the action or inaction of one or more Quarter Share states will cause the applicable target (percent) exploitation rate specified in January±March ...... 38.64 § 648.140(a) to be exceeded. The Regional
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Administrator may reopen the EEZ if (ii) Mesh sizes shall be measured pur- earlier action or inaction by a state suant to the procedure specified in has been remedied by that state with- § 648.104(a)(2). out causing the applicable specified (2) Net modifications. No vessel subject target exploitation rate to be exceeded. to this part shall use any device, gear, or material, including, but not limited § 648.142 Time restrictions. to nets, net strengtheners, ropes, lines, Vessels that are not eligible for a or chafing gear, on the top of the regu- moratorium permit under § 648.4(a)(6) lated portion of a trawl net; except and fishermen subject to the possession that, one splitting strap and one bull limit may fish for black sea bass from rope (if present) consisting of line or January 1 through December 31. Begin- rope no more than 3 inches (7.6 cm) in ning in 1998, this time period may be diameter may be used if such splitting adjusted pursuant to the procedures in strap and/or bull rope does not con- § 648.140. strict, in any manner, the top of the regulated portion of the net, and one § 648.143 Minimum sizes. rope no greater than 0.75 inches (1.9 (a) The minimum size for black sea cm) in diameter extending the length bass is 9 inches (22.9 cm) total length of the net from the belly to the ter- for all vessels issued a permit under minus of the codend along the top, bot- § 648.4(a)(7) and for all other vessels tom, and each side of the net. ‘‘Top of which fish for or retain black sea bass the regulated portion of the net’’ in or from U.S. waters of the western ° ′ means the 50 percent of the entire reg- Atlantic Ocean from 35 15.3 N. lat., the ulated portion of the net that (in a hy- latitude of Cape Hatteras Light, North pothetical situation) will not be in con- Carolina, northward to the U.S.-Can- tact with the ocean bottom during a ada border. The minimum size may be tow if the regulated portion of the net adjusted for commercial and/or rec- were laid flat on the ocean floor. For reational vessels pursuant to the proce- the purpose of this paragraph, head dures in § 648.140. ropes shall not be considered part of (b) The minimum size in this section the top of the regulated portion of a applies to the whole fish or any part of trawl net. a fish found in possession (e.g., fillets), except that party or charter vessels (3) Mesh obstruction or constriction. (i) possessing valid state permits author- A fishing vessel may not use any mesh izing filleting at sea may possess fillets configuration, mesh construction, or smaller than the size specified if skin other means on or in the top of the net, remains on the fillet and all other as defined in paragraph (a)(2) of this state requirements are met. section, that obstructs the meshes of the net in any manner, or otherwise § 648.144 Gear restrictions. causes the size of the meshes of the net (a) Trawl gear restrictions—(1) General. while in use to diminish to a size (i) Otter trawlers whose owners are is- smaller than the minimum established sued a black sea bass moratorium per- pursuant to paragraph (a)(1)(i) of this mit and that land or possess 100 lb or section. more (45.4 kg or more) of black sea bass (ii) No person on any vessel may pos- per trip, must fish with nets that have sess or fish with a net capable of catch- a minimum mesh size of 4.0 inches (10.2 ing black sea bass in which the bars en- cm) diamond or 3.5 inches (8.9 cm) tering or exiting the knots twist square (inside measure) mesh applied around each other. throughout the codend for at least 75 (4) Stowage of nets. Otter trawl vessels continuous meshes forward of the ter- subject to the minimum mesh-size re- minus of the net, or, for codends with quirement of paragraph (a)(1)(i) of this less than 75 meshes, the minimum- section may not have ‘‘available for mesh-size codend must be a minimum immediate use’’ any net or any piece of of one-third of the net, measured from net that does not meet the minimum the terminus of the codend to the cen- mesh size requirement, or any net, or ter of the head rope, excluding any tur- any piece of net, with mesh that is tle excluder device extension. rigged in a manner that is inconsistent
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with the minimum mesh size require- § 648.145 Possession limit. ment. A net that is stowed in conform- A possession limit will be established ance with one of the methods specified pursuant to the procedures in § 648.140 in § 648.23(b) and that can be shown not to assure that the recreational harvest to have been in recent use, is consid- limit is not exceeded. ered to be not ‘‘available for immediate (a) If whole black sea bass are proc- use.’’ essed into fillets, an authorized officer (5) Roller gear. Rollers used in roller will convert the number of fillets to rig or rock hopper trawl gear shall be whole black sea bass at the place of no larger than 18 inches (45.7 cm) in di- landing by dividing fillet number by ameter. two. If black sea bass are filleted into (b) Pot and trap gear restrictions—(1) a single (butterfly) fillet, such fillet Gear marking. The owner of a vessel is- shall be deemed to be from one whole sued a black sea bass moratorium per- black sea bass. mit must mark all black sea bass pots (b) Black sea bass harvested by ves- or traps with the vessel’s USCG docu- sels subject to the possession limit mentation number or state registra- with more than one person aboard may tion number. be pooled in one or more containers. (2) Escape vents. All black sea bass Compliance with the daily possession traps or pots must have an escape vent limit will be determined by dividing placed in a lower corner of the parlor the number of black sea bass on board portion of the pot or trap which com- by the number of persons aboard, other plies with one of the following mini- than the captain and the crew. If there mum sizes: 1.125 inches (2.86 cm) by 5.75 is a violation of the possession limit on inches (14.61 cm); or a circular vent 2 board a vessel carrying more than one inches (5.08 cm) in diameter; or a person, the violation shall be deemed square vent with sides of 1.5 inches to have been committed by the owner (3.81 cm), inside measure; however, and operator. black sea bass traps or pots con- (c) Owners or operators of otter trawl structed of wooden laths may instead vessels issued a moratorium permit have an escape vent constructed by under § 648.4(a)(6) and fishing with, or leaving a space of at least 1.125 inches possessing on board, nets or pieces of (2.86 cm) between one set of laths in net that do not meet the minimum the parlor portion of the trap. The di- mesh requirements and that are not mensions for escape vents and lath stowed in accordance with spacing may be adjusted pursuant to § 648.144(a)(4), may not retain 100 lb or the procedures in § 648.140. more (45.4 kg or more) of black sea (3) Ghost panel. Black sea bass traps bass. Black sea bass on board these ves- or pots must contain a ghost panel af- sels shall be stored so as to be readily fixed to the trap or pot with degradable available for inspection in a standard fasteners and hinges. The opening to be 100-lb (45.4-kg) tote. covered by the ghost panel must meas- § 648.146 Special management zones. ure at least 3.0 inches (7.62 cm) by 6.0 inches (15.24 cm). The ghost panel must The recipient of a Corps of Engineers be affixed to the pot or trap with permit for an artificial reef, fish at- hinges and fasteners made of one of the traction device, or other modification following degradable materials: of habitat for purposes of fishing may (i) Untreated hemp, jute, or cotton request that an area surrounding and string of 3/16 inches (4.8 mm) diameter including the site be designated by the or smaller; or Council as a special management zone (SMZ). The SMZ will prohibit or re- (ii) Magnesium alloy, timed float re- strain the use of specific types of fish- leases (pop-up devices) or similar mag- ing gear that are not compatible with nesium alloy fasteners; or the intent of the artificial reef or fish (iii) Ungalvanized or uncoated iron attraction device or other habitat wire of 0.094 inches (2.4 mm) diameter modification. The establishment of an or smaller. SMZ will be effected by a regulatory [61 FR 58467, Nov. 15, 1996, as amended at 62 amendment pursuant to the following FR 25138, May 8, 1997] procedure:
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(a) A SMZ monitoring team com- Subpart J—Management Meas- prised of members of staff from the ures for the Atlantic Bluefish Mid-Atlantic FMC, NMFS Northeast Fishery Region, and NMFS Northeast Fisheries Science Center will evaluate the re- quest in the form of a written report SOURCE: 62 FR 13300, Mar. 20, 1997, unless otherwise noted. considering the following criteria: (1) Fairness and equity. § 648.160 Fishing year. (2) Promotion of conservation. The fishing year is from January 1 (3) Avoidance of excessive shares. through December 31. (4) Consistency with the objectives of Amendment 9 to the Fishery Manage- § 648.161 Possession limit. ment Plan for the Summer Flounder, (a) Possession limit. (1) No person shall Scup and Black Sea Bass fisheries, the possess more than ten bluefish unless Magnuson-Stevens Act, and other ap- he/she has a permit meeting the re- plicable law. quirements of § 648.4(a)(8). (5) The natural bottom in and sur- (2) Bluefish caught while in posses- rounding potential SMZs. sion of a permit meeting the require- (6) Impacts on historical uses. ments of § 648.4(a)(8) must be kept sepa- (b) The Council Chairman may sched- rate from the pooled catch and in the ule meetings of Industry Advisors and/ possession of the permit holder at all or the Scientific and Statistical Com- times. mittee to review the report and associ- (3) If Atlantic bluefish are filleted ated documents and to advise the into two or more sections, such fillets Council. The Council Chairman may shall be deemed to be whole Atlantic also schedule public hearings. bluefish using a ratio of 1:2 (two fillets (c) The Council, following review of to one whole fish). If Atlantic bluefish the SMZ monitoring teams’s report, are filleted into single (butterfly) fil- supporting data, public comments, and lets, such fillets shall be deemed to be other relevant information, may rec- whole Atlantic bluefish. ommend to the Regional Administrator (4) Atlantic bluefish harvested from that a SMZ be approved. Such a rec- party and charter boats or other ves- ommendation will be accompanied by sels carrying more than one person all relevant background information. may be commingled. Compliance with the daily possession limit will be deter- (d) The Regional Administrator will mined by dividing the number of Atlan- review the Council’s recommendation. tic bluefish on board by the number of If the Regional Administrator concurs persons aboard, provided, however, in the recommendation, he or she will that if a person or persons aboard are publish a proposed rule in the FEDERAL fishing under a permit meeting the re- REGISTER in accordance with the rec- quirements of § 648.4(a)(8), his/her catch ommendations. If the Regional Admin- shall not be counted for determining istrator rejects the Council’s rec- compliance with the possession limit, ommendation, he or she shall advise if it is maintained in the possession of the Council in writing of the basis for such person(s). If there is a violation of the rejection. the possession limit on board a vessel (e) The proposed rule shall afford a carrying more than one person, the reasonable period for public comment. violation shall be deemed to have been Following a review of public comments committed by the owner and/or opera- and any information or data not pre- tor. viously available, the Regional Admin- (b) Adjustment of the possession limit. istrator will publish a final rule if he or After notice and 15 days opportunity she determines that the establishment for public comment, NMFS may adjust of the SMZ is supported by the sub- the possession limit within a range of 0 stantial weight of evidence in the ad- to 15 Atlantic bluefish based on a rec- ministrative record and consistent ommendation of the MAFMC and Com- with the Magnuson-Stevens Act and mission. NMFS will publish a notice of other applicable law. any proposed adjustment, together
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with the basis for such adjustment, in weight will be converted to whole the FEDERAL REGISTER. After consider- weight at the state of landing by mul- ation of any public comments, NMFS tiplying fillet weight by 2.5. If whole may adjust the possession limit by Atlantic bluefish are headed and gutted publishing a notice of adjustment in at sea, then the conversion is accom- the FEDERAL REGISTER. plished by multiplying headed/gutted weight by 1.5. § 648.162 Catch monitoring, commer- cial controls, and gear restrictions. (e) If the MAFMC concludes that the increase in the commercial catch is at- (a) The Bluefish Committee will re- view bluefish catch statistics, a projec- tributable to the use of purse seines, tion of the commercial share for the pair trawls, or encircling (runaround) next fishing year, and the most recent gillnets, then it will propose restric- stock assessment prior to August 15th tions applicable to that gear type. In of each year. The Bluefish Committee determining what restrictions are nec- will report to the MAFMC and the essary to control the catch of Atlantic Commission. bluefish by commercial fishermen (b) The MAFMC and the Commission using these gear types, the MAFMC will review the report of the Bluefish may consider: Committee. If the report indicates that (1) Trip limits; the commercial catch for the next fish- (2) Area closures; ing year will equal or exceed 20 percent (3) Banning the use of these gear of the total catch (recreational catch types; or plus commercial landings) of Atlantic (4) Any other measures it deems ap- bluefish, the MAFMC and Commission propriate. will propose the commercial controls to be implemented at the start of the (f) The Regional Administrator will upcoming year. If the report indicates review any gear restrictions proposed that the commercial catch will be by the MAFMC. If the Regional Admin- greater than 17 percent but less than 20 istrator concurs that the proposed gear percent of the total catch of Atlantic restrictions are consistent with the bluefish, or that the commercial share goals and objectives of the FMP, the for the last full year is 50 percent national standards, and other applica- greater than the previous year’s com- ble law, the Regional Administrator mercial share, the MAFMC and Com- will recommend that NMFS publish a mission will determine whether com- notice of the proposed restrictions in mercial controls are necessary. In the FEDERAL REGISTER with a 30-day making such a determination the public comment period. After publica- MAFMC and Commission will consider: tion of such notice and after consider- (1) The most recent catch data. ation of any public comments, NMFS (2) Trends in the fishery. may impose such restrictions by pub- (3) Any other relevant factors. lishing a notice of gear restrictions in (c) If the catch in the commercial fishery is projected to equal or exceed the FEDERAL REGISTER. the 20 percent limit during the upcom- (g) NMFS may rescind any gear re- ing year, then a state allocation sys- striction if it finds, based on the advice tem will be implemented. This will en- of the MAFMC through the process set tail the use of landings data from the forth in paragraphs (a) and (b) of this most recent 10-year period for each section, that the restriction is no state, to determine the average per- longer necessary. centage of each state’s coastwide com- mercial landings. These percentages § 648.163 Closure of the fishery. will be used to determine the amount The Regional Administrator shall of the coastwide quota allocated to close the commercial fishery for Atlan- each state. Quotas will apply to land- tic bluefish in the EEZ if the commer- ings in each state, regardless of where cial fisheries for Atlantic bluefish have the bluefish were caught. been closed in all Atlantic coastal (d) If whole Atlantic bluefish are states. processed into fillets at sea, then fillet
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PART 649—AMERICAN LOBSTER gear, which is fished deeper than 200 FISHERY fathoms (365.8 m), is gear not capable of taking lobsters, and is not subject to Subpart A—General Provisions the provisions of this part. Sec. § 649.2 Definitions. 649.1 Purpose and scope. 649.2 Definitions. In addition to the definitions in the 649.3 Relation to other laws. Magnuson Act and in § 620.2 of this 649.4 Vessel permits. chapter, the terms used in this part 649.5 Operator permits. have the following meanings: 649.6 Dealer permits. 649.7 Vessel identification. American lobster or lobster means the 649.8 Prohibitions. species Homarus americanus. 649.9 Facilitation of enforcement. Beam trawl means gear, consisting of 649.10 Penalties. a twine bag attached to a beam at- tached to a towing wire, designed so Subpart B—Management Measures that the beam does not contact the 649.20 Harvesting and landing requirements. bottom. The beam is constructed with 649.21 Gear identification and marking, es- sinkers or shoes on either side that cape vent, and ghost panel requirements. support the beam above the bottom or 649.22 Experimental fishing exemption. any other modification so that the 649.23 Restricted gear areas. 649.24 Exempted waters for Maine State beam does not contact the bottom. The American lobster permits. beam trawl is designed to slide along the bottom rather than dredge the bot- Subpart C—Stock Rebuilding Program and tom. Framework Adjustments to Manage- Berried female means a female Amer- ment Measures ican lobster bearing eggs attached to 649.41 Purpose and scope. the abdominal appendages. 649.42 Stock rebuilding program require- Carapace length is the straight line ments and time frame. measurement from the rear of the eye 649.43 First-year framework specifications. socket parallel to the center line of the 649.44 Framework specifications. carapace to the posterior edge of the Figures—Part 649 carapace. The carapace is the unsegmented body shell of the Amer- Figure 1—Standard Tetrahedral Corner ican lobster. Radar Reflector Council means the New England Fish- Figure 2—American Lobster Management Areas Established for the Purposes of Re- ery Management Council. gional Lobster Management Dealer means any person who re- Figure 3—Seaward Boundary Lines of the ceives American lobsters for a commer- Southern New England Nearshore Areas cial purpose from the owner or opera- (Area 2) and the Offshore Area (Area 3) tor of a vessel issued a valid Federal AUTHORITY: 16 U.S.C. 1801 et seq. vessel permit under this part, other
SOURCE: 59 FR 31943, June 21, 1994, unless than exclusively for transport on land. otherwise noted. Dive vessel means any vessel carrying divers for a per capita fee or a charter Subpart A—General Provisions fee. Effort Monitoring Team (EMT) means § 649.1 Purpose and scope. a group of technical experts made up of This part implements the Fishery representatives from the Council, Management Plan for the American NMFS, the appropriate states, and a Lobster Fishery (FMP), as amended by group of American lobster industry the New England Fishery Management representatives (appointed by the Council in consultation with the Mid- Council), per management area, to Atlantic Fishery Management Council each EMT. and the Atlantic States Marine Fish- Escape vent means an opening in a eries Commission (ASMFC), and ap- lobster trap designed to allow lobster proved by the Assistant Administrator smaller than the legal minimum size to for Fisheries, NOAA. Red crab fishing escape from the trap.
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Fishery Management Plan (FMP) capable of fishing commercially for means the Fishery Management Plan American lobsters. for American Lobsters, as amended. Scrubbing is the forcible removal of Ghost panel means a panel, or other eggs from a berried female American mechanism, designed to allow for the lobster. escapement of lobster after a period of Trawl means gear consisting of a net time if the trap has been abandoned or that is towed, including but not lim- lost. ited to beam trawls, pair trawls, otter Gross registered tonnage means the trawls, and Danish and Scottish seine gross registered tonnage specified on gear. the U.S. Coast Guard documentation Under agreement for construction for a vessel. means that the keel has been laid and Land means to enter port with fish that there is a written agreement to on board, to begin offloading fish, or to construct a fishing vessel. offload fish. V-notched American lobster means any female American lobster bearing a V- Lobster pot trawl means a number of shaped notch in the flipper next to and lobster traps, all attached to a single to the right of the center flipper as groundline. viewed from the rear of the lobster (un- Mobile gear means trawls, beam derside of the lobster down and tail to- trawls, and dredges that are designed ward the viewer). to maneuver with that vessel. V-shaped notch means a straight- Net tonnage means the net tonnage sided triangular cut, without setal specified on the U.S. Coast Guard docu- hairs, as least 1/4 inch (0.64 cm) in mentation for a vessel. depth and tapering to a point. Offload means to begin to remove, to Whole American lobster means a lob- remove, to pass over the rail, or other- ster with an intact and measurable wise take away fish from any vessel. body (tail and carapace). A cull whole Operator means the master or captain American lobster is an American lob- of the vessel, or other individual on ster with one or both claws missing. board the vessel, who is in charge of [59 FR 31943, June 21, 1994, as amended at 62 that vessel’s operations. FR 10750, Mar. 10, 1997] Party/charter boat means any vessel carrying fishing persons or parties for § 649.3 Relation to other laws. a per capita fee or for a charter fee. (a) The relation of this part to other Postmark means independently verifi- laws is set forth in § 620.3 of this chap- able evidence of date of mailing, such ter. as U.S. Postal Service postmark, Unit- (b) Nothing in these regulations shall ed Parcel Service (U.P.S.) or other pri- supersede more restrictive state man- vate carrier postmark, certified mail agement measures for American lob- receipt, overnight mail receipt, or re- sters. ceipt received upon hand delivery to an authorized representative of NMFS. § 649.4 Vessel permits. Recreational fishing means fishing (a) 1994 vessel permits. (1) Through that is not intended to, nor results in April 30, 1995, any vessel of the United the barter, trade, or sale of fish. States fishing for American lobster in Recreational fishing vessel means any the EEZ must have been issued and vessel from which no fishing other than carry on board a valid permit required recreational fishing is conducted. Char- by or issued under this part. The Re- ter and party boats and dive boats are gional Director may, by agreement not considered recreational fishing ves- with State agencies, recognize permits sels. or licenses issued by those agencies en- Regional Director means the Director, dorsed for fishing for lobster in the Northeast Region, NMFS, 1 Blackburn EEZ, providing that such permitting Drive, Gloucester, MA 01930–2298, or a programs accurately identify persons designee. who fish in the EEZ, and that the Re- Re-rig or re-rigged means physical al- gional Director can either individually, teration of the vessel or its gear in or in concert with the state agency, act order to transform the vessel into one to suspend the permit or license for
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EEZ fishing for any violation under and vessels that fish exclusively in this part. state waters for American lobsters. (2) Alternate State EEZ permitting (1) Eligibility in 1995. (i) To be eligible programs will be established through a for a limited access permit for 1995, a letter of agreement between the Re- vessel or the permit applicant must gional Director and the director of the meet one of the following criteria: State marine fisheries agency con- (A) The vessel was issued a Federal cerned. The letter of agreement will American lobster permit and landed specify the information to be collected American lobster prior to March 25, by the alternate EEZ permitting pro- 1991, while in possession of the lobster gram and the mode and frequency of permit. provision of that information to the (B) To qualify for the limited access Regional Director. The Regional Direc- permit based on a federally endorsed tor will, in cooperation with the State state permit history, one of the follow- director, arrange for notification of the ing criteria must be met: existence and terms of any such agree- (1) The permit applicant was issued a ments to the affected persons. Persons federally endorsed state American lob- intending to fish in the EEZ should de- ster permit, and landed American lob- termine whether an alternate EEZ per- ster prior to March 25, 1991, and owned mitting program is in force for their a vessel that landed American lobster state before applying for a Federal per- prior to March 25, 1991, while in posses- mit under paragraph (d) of this section. sion of the lobster permit; or (2) The vessel was owned by a person (3) Vessel owners or operators who who landed lobster prior to March 25, apply for a fishing vessel permit under 1991, while in possession of a valid fed- this section, or for a State permit en- erally endorsed state American lobster dorsed for EEZ fishing under paragraph permit, and the vessel was transferred (a)(2) of this section, must agree, as a to the current vessel owner in accord- condition of the permit, that all the ance with the exception to the pre- vessel’s lobster fishing, catch, and gear sumption specified in paragraph (without regard to whether such fish- (b)(3)(ii) of this section; or ing occurs in the EEZ or landward of (3) The permit applicant owned a ves- the EEZ, and without regard to where sel that landed American lobster prior such lobster, lobster meats, or parts, or to March 25, 1991, while under the oper- gear are possessed, taken or landed) ation of an individual with a valid fed- will be subject to all the requirements erally endorsed state lobster permit; or of this part. All such fishing, catch, (4) The permit applicant owned a ves- and gear will remain subject to any ap- sel that landed American lobster prior plicable state or local requirements. If to March 25, 1991, while the applicant a requirement of this part and a con- held a valid signed written lease, rec- servation measure required by state or ognized and authorized by the issuing local law differ, any vessel owner or op- state, granting the rights to a federally erator permitted to fish in the EEZ endorsed state lobster permit. must comply with the more restrictive (C) The vessel was under written requirement. agreement for construction or rerig- (b) Limited access American lobster per- ging for directed American lobster fish- mits. From May 1, 1995, through Decem- ing, or was under written contract for ber 31, 1999, any vessel of the United purchase as of March 25, 1991, and the States that fishes for, possesses, or applicant meets one of the eligibility lands American lobster in or harvested criteria set forth in paragraph from the EEZ must have been issued (b)(1)(i)(A) or (B) of this section. For and carry on board a valid Federal lim- the purposes of paragraph (b)(1)(i)(C) ited access American lobster permit. all references to March 25, 1991, in This requirement does not apply to paragraph (b)(1)(i)(A) or (B) of this sec- party, charter and dive boats that pos- tion should be March 25, 1992. sess six or fewer American lobsters, not (D) The vessel is replacing a vessel intended for or resulting in trade, bar- that meets the criteria set forth in ter or sale, per person aboard the vessel paragraph (b)(1)(i)(A), (B), or (C) of this at any time, or to recreational vessels, section.
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(ii) No more than one vessel may presumed to transfer with the vessel qualify, at any one time, for a limited whenever it is bought, sold or other- access American lobster permit based wise transferred, unless there is a writ- on that or another vessel’s fishing and ten agreement, signed by the trans- permit history. If more than one vessel feror/seller and transferee/buyer, or owner claims eligibility for a limited other credible written evidence, verify- access American lobster permit, based ing that the transferor/seller is retain- on one vessel’s fishing and permit his- ing the vessel fishing and permit his- tory, the Regional Director shall deter- tory for purposes of replacing the ves- mine who is entitled to qualify for the sel. limited access American lobster per- (ii) The fishing and permit history of mit. a vessel owner and a vessel that quali- (iii) A limited access American lob- fies based on issuance of a federally en- ster permit for 1995 will not be issued dorsed state lobster permit under para- unless an application for such permit is graphs (b)(1)(i)(B) and (C) of this sec- received by the Regional Director on or tion is presumed to remain with such before December 31, 1995. owner for any transfers of the vessel (2) Eligibility in 1996 and thereafter. (i) before and including March 25, 1991; To be eligible to renew or apply for a and for any transfers of ownership of limited access lobster permit after the vessel after March 25, 1991, the fish- 1995, a vessel or permit applicant must ing and permit history necessary to have been issued either a limited ac- qualify for a limited access lobster per- cess lobster permit or a confirmation mit under paragraphs (b)(1)(i)(B) and of permit history for the preceding (C) of this section is presumed to re- year, or a vessel must be replacing a main with the last owner of the vessel valid limited access American lobster as of or prior to March 25, 1991, unless permit or permit history confirmation there is a written agreement, signed by from the preceding year. If more than the transferor/seller and transferee/ one applicant claims eligibility to buyer, or other credible written evi- apply for a limited access American dence, verifying that the transferor/ lobster permit based on one fishing and seller is transferring the fishing and permit history, the Regional Director shall determine who is entitled to qual- permit history of a vessel necessary to ify for the limited access permit or per- qualify for a limited access lobster per- mit history confirmation. mit under paragraph (b)(1)(i)(B) or (C) (ii) Beginning January 1, 2000, any of this section to the transferee/buyer. vessel of the United States that fishes (4) Notification of eligibility for a lim- for, possesses, or lands American lob- ited access permit. (i) NMFS will at- ster, in or harvested from the EEZ, tempt to notify all owners of vessels must have been issued and carry on for which NMFS has credible evidence board a valid Federal American lobster that they meet the criteria in para- permit. This requirement does not graph (b)(1) of this section. apply to party, charter and dive boats (ii) If a vessel owner has not been no- that possess six or fewer American lob- tified that the vessel is eligible to be sters, not intended for or resulting in issued a limited access American lob- trade, barter, or sale, per person aboard ster permit, and the vessel owner be- the vessel at any time, or to rec- lieves that there is credible evidence reational vessels and vessels that fish that the vessel does qualify under the exclusively in state waters for Amer- pertinent criteria, the vessel owner ican lobsters. The eligibility require- may apply for a limited access Amer- ments for limited access permits for ican lobster permit by submitting the the years 1996 - 1999 are not applicable information described in paragraphs (d) for obtaining an American lobster per- through (e) of this section. In the event mit for the year 2000 and thereafter. the application is denied, the applicant (3) Change in ownership. (i) The fish- may appeal as specified in paragraph ing and permit history of a vessel that (b)(5) of this section. If, through either qualifies based on issuance of a Federal of these procedures, the Regional Di- lobster permit under paragraphs rector determines that the vessel (b)(1)(i)(A) and (C) of this section is meets the eligibility criteria, a limited
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access American lobster permit will be becomes invalid 5 days after receipt of issued to the vessel. the notice of denial. (5) Appeal of denial of limited access (6) Confirmation of Permit History. Not- American lobster permit or of permit cat- withstanding any other provisions of egory assignment. (i) Any applicant de- this part, a person who does not cur- nied a limited access American lobster rently own a fishing vessel, but who permit may appeal the denial to the has owned a qualifying vessel that has Regional Director within 30 days of the sunk, been destroyed, or transferred to notice of denial. Any such appeal must another person, may apply for and re- be based on one or more of the follow- ceive a Confirmation of Permit History ing grounds, must be in writing, and if the fishing and permit history of must state the grounds for the appeal: such vessel has been retained lawfully (A) The information used by the Re- by the applicant. To be eligible to ob- gional Director was based on mistaken tain a Confirmation of Permit History, or incorrect data; the applicant must show that the (B) The applicant was prevented by qualifying vessel meets the eligibility circumstances beyond his/her control requirements, as applicable, in this from meeting relevant criteria; or part. Issuance of a valid and current Confirmation of Permit History pre- (C) The applicant has new or addi- serves the eligibility of the applicant tional information. to apply for or renew a limited access (ii) The Regional Director will ap- permit for a replacement vessel based point a designee who will make the ini- on the qualifying vessel’s fishing and tial decision on the appeal. permit history at a subsequent time, (iii) The appellant may request a re- subject to the replacement provisions view of the initial decision by the Re- specified at § 649.4. A Confirmation of gional Director by so requesting, in Permit History must be applied for and writing, within 30 days of the notice of received on an annual basis in order for initial decision. If the appellant does the applicant to preserve the fishing not request a review of the initial deci- rights and limited access eligibility of sion within 30 days, the initial decision the qualifying vessel. If fishing privi- shall become the final administrative leges have been assigned or allocated action of the Department of Com- previously under this part based on the merce. qualifying vessel’s fishing and permit (iv) Recommendations to the Regional history, the Confirmation of Permit Director by a hearing officer. A hearing History also preserves such fishing officer shall be appointed by the Re- privileges. Any decision regarding the gional Director to review the initial issuance of a Confirmation of Permit decision. The hearing officer shall History for a qualifying vessel that has make findings and a recommendation applied for or been issued previously a to the Regional Director, which shall limited access permit under this part is be advisory only. a final agency action subject to judi- (v) Upon receiving the findings and a cial review under 5 U.S.C. 704. Applica- recommendation, the Regional Direc- tions for a Confirmation of Permit His- tor will issue a final decision on the ap- tory shall be accepted by the Regional peal. The Regional Director’s decision Director on or before December 31, 1995. is the final administrative action of For subsequent years, applications the Department of Commerce. must be received by the end of the cal- (vi) Fishing during appeal. A vessel for endar year in which the Confirmation which an appeal has been initiated and of Permit History expires. Information that was issued a 1994 Federal or feder- requirements for the Confirmation of ally endorsed state lobster permit, may Permit History application shall be the fish for American lobster in the EEZ if same as those for a limited access per- the appeal is pending and the vessel mit with any request for information has on board an authorizing letter from about the vessel being applicable to the the Regional Director. If the appeal is qualifying vessel that has been sunk, finally denied, the Regional Director destroyed, or transferred. Vessel per- shall send a notice of final denial to mit applicants who hold a Confirma- the vessel owner; the authorizing letter tion of Permit History and who wish to
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obtain a vessel permit for a replace- tion number and a copy of the vessel’s ment vessel based upon the previous U.S. Coast Guard documentation or, if vessel history may do so pursuant to undocumented, state registration num- paragraph (b) of this section. ber and a copy of the state registra- (c) Condition. Vessel owners who tion; home port and principal port of apply for a permit under this section landing; overall length; gross tonnage; must agree, as a condition of the per- net tonnage; engine horsepower; year mit, that the vessel and vessel’s fish- the vessel was built; type of construc- ing, catch, and pertinent gear (without tion; type of propulsion; approximate regard to whether such fishing occurs fish-hold capacity; type of fishing gear in the EEZ or landward of the EEZ, and used by the vessel; permit category; if without regard to where such fish or the owner is a corporation, a copy of gear are possessed, taken, or landed), the Certificate of Incorporation; and are subject to all requirements of this part. The vessel and all such fishing, the names and addresses of all share- catch, and gear shall remain subject to holders owning 25 percent or more of all applicable state or local require- the corporation’s shares; if the owner ments. If a requirement of this part is a partnership, a copy of the Partner- and a management measure required ship Agreement and the names and ad- by state or local law differ, any vessel dresses of all partners; if there is more owner permitted to fish in the EEZ than one owner, names of all owners must comply with the more restrictive having more than a 25 percent interest; requirement. and name and signature of the owner (d) Vessel permit application. Appli- or the owner’s authorized representa- cants for a permit under this section tive. must submit a completed application (f) Fees. The Regional Director may on an appropriate form obtained from charge a fee to recover the administra- the Regional Director. The application tive expense of issuing a permit re- must be signed by the owner of the ves- quired under this section. The amount sel, or the owner’s authorized rep- of the fee shall be calculated in accord- resentative, and be submitted to the ance with the procedures of the NOAA Regional Director at least 30 days be- Finance Handbook for determining ad- fore the date on which the applicant ministrative costs of each special prod- desires to have the permit made effec- uct or service. The fee may not exceed tive. The Regional Director will notify such costs and is specified with each the applicant of any deficiency in the application form. The appropriate fee application pursuant to this section. Applicants for 1995 limited access must accompany each application; if it American lobster permits who have not does not, the application will be con- been notified of eligibility by the Re- sidered incomplete for purposes of gional Director shall provide informa- paragraph (g)(1) of this section. tion with the application sufficient for (g) Issuance. (1) Except as provided in the Regional Director to determine subpart D of 15 CFR part 904 and under whether the vessel meets the eligi- paragraph (b)(5) of this section, the Re- bility requirements specified under gional Director shall issue a Federal paragraph (b)(1) of this section. Accept- American lobster vessel permit within able forms of proof include, but are not 30 days of receipt of the application un- limited to, state weigh-out records, less: packout forms, and settlement sheets. (i) The applicant has failed to submit (e) Information requirements. In addi- a completed application. An applica- tion to applicable information required tion is complete when all requested to be provided by paragraph (d) of this forms, information, documentation, section, an application for a Federal and fees, if applicable, have been re- American lobster permit must contain ceived; or at least the following information, and (ii) The application was not received any other information required by the by the Regional Director by the dead- Regional Director: Vessel name; owner name, mailing address, and telephone lines set forth in paragraph (b)(1)(iii) of number; U.S. Coast Guard documenta- this section; or
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(iii) The applicant and applicant’s (o) Sanctions. Procedures governing vessel failed to meet all eligibility re- enforcement-related permit sanctions quirements described in paragraphs and denials are found at subpart D of 15 (b)(1) and (2) of this section; or CFR part 904. (iv) The applicant has failed to meet (p) Limited access American lobster per- any other application requirements mit renewal. To renew a limited access stated in this part. permit in 1996 and thereafter, a com- (2) Upon receipt of an incomplete or pleted application must be received by improperly executed application, the the Regional Director by December 31 Regional Director shall notify the ap- of the year in which the permit is re- plicant of the deficiency in the applica- quired. Failure to renew a limited ac- tion. If the applicant fails to correct cess American lobster permit or con- the deficiency within 30 days following firmation of permit history in any year the date of notification, the applica- prevents the renewal of such in subse- tion will be considered abandoned. quent years. (h) Expiration. A Federal American (q) Abandonment or voluntary relin- lobster permit will expire upon the re- quishment of limited access American lob- newal date specified in the permit. ster permits. If a vessel’s limited access (i) Duration. A permit is valid until it is revoked, suspended, or modified American lobster permit or confirma- under 15 CFR part 904, or until it other- tion of permit history is voluntarily re- wise expires, or ownership changes, or linquished to the Regional Director, or the applicant has failed to report any abandoned through failure to renew or change in the information on the per- otherwise, no limited access American mit application to the Regional Direc- lobster permit or confirmation of per- tor as specified in paragraph (l) of this mit history may be reissued or renewed section. based on that vessel’s history. (j) Replacement. Replacement per- [59 FR 31943, June 21, 1994, as amended at 60 mits, for an otherwise valid permit, FR 21997, May 4, 1995; 60 FR 45682, Sept. 1, may be issued by the Regional Director 1995; 60 FR 62225, Dec. 5, 1995] when requested in writing by the owner or authorized representative, stating § 649.5 Operator permits. the need for replacement, the name of (a) General. Beginning on January 1, the vessel, and the Federal Fisheries 1995, any operator of a vessel issued a Permit number assigned. An applica- Federal limited access American lob- tion for a replacement permit will not ster permit under § 649.4(b), or any op- be considered a new application. An ap- erator of a vessel of the United States propriate fee may be charged for issu- that fishes for, possesses, or lands ance of the replacement permit. American lobsters, in or harvested (k) Transfer. Permits issued under from the EEZ must have been issued this section are not transferable or as- and carry on board a valid operator’s signable. A permit is valid only for the vessel and owner to whom it is issued. permit issued under this section. This (l) Change in application information. requirement does not apply to party, Within 15 days after a change in the in- charter, and dive boats that possess six formation contained in an application or fewer American lobsters, not in- submitted under this section, a written tended for or resulting in trade, barter notice of the change must be submitted or sale, per person aboard the vessel at to the Regional Director. If the written any time, or to recreational vessels, notice of the change in information is and vessels that fish exclusively in not received by the Regional Director state waters for American lobsters. within 15 days, the permit is void. (b) Operator application. Applicants (m) Alteration. Any permit that has for a permit under this section must been altered, erased, or mutilated is in- submit a completed permit application valid. on an appropriate form obtained from (n) Display. Any permit issued under the Regional Director. The application this part must be maintained in legible must be signed by the applicant and condition and displayed for inspection submitted to the Regional Director at upon request by any authorized officer. least 30 days prior to the date on which
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the applicant desires to have the per- considered incomplete for purposes of mit made effective. The Regional Di- paragraph (f) of this section. rector will notify the applicant of any (f) Issuance. Except as provided in deficiency in the application, pursuant subpart D of 15 CFR part 904, the Re- to this section. gional Director shall issue an opera- (c) Condition. Vessel operators who tor’s permit within 30 days of receipt of apply for an operator’s permit under a completed application, if the criteria this section must agree, as a condition specified in this section are met. Upon of this permit, that the operator and receipt of an incomplete or improperly vessel’s fishing, catch, crew size, and executed application, the Regional Di- pertinent gear (without regard to rector will notify the applicant of the whether such fishing occurs in the EEZ deficiency in the application. If the ap- or landward of the EEZ, and without plicant fails to correct the deficiency regard to where such fish or gear are within 30 days following the date of no- possessed, taken, or landed), are sub- tification, the application will be con- ject to all requirements of this part sidered abandoned. while fishing in the EEZ or on board a (g) Expiration. A Federal operator vessel permitted under § 649.4(b). The permit will expire upon the renewal vessel and all such fishing, catch, and date specified in the permit. gear will remain subject to all applica- (h) Duration. A permit is valid until ble state or local requirements. Fur- it is revoked, suspended, or modified ther, such operators must agree, as a under 15 CFR part 904, or otherwise ex- condition of this permit, that if the pires, or the applicant has failed to re- permit is suspended or revoked pursu- port a change in the information on ant to 15 CFR part 904, the operator the permit application to the Regional cannot be on board any fishing vessel Director as specified in paragraph (k) issued a Federal Fisheries Permit or of this section. any vessel subject to Federal fishing (i) Replacement. Replacement per- regulations while the vessel is at sea or mits, for otherwise valid permits, may engaged in offloading. If a requirement be issued by the Regional Director of this part and a management meas- when requested in writing by the appli- ure required by state or local law dif- cant, stating the need for replacement fer, any operator issued a permit under and the Federal operator permit num- this part must comply with the more ber assigned. An applicant for a re- restrictive requirement. placement permit must also provide (d) Information requirements. An appli- two color passport-size photos of the cant must provide at least all the fol- applicant. An application for a replace- lowing information and any other in- ment permit will not be considered a formation required by the Regional Di- new application. An appropriate fee rector: Name, mailing address, and may be charged. telephone number; date of birth; hair (j) Transfer. Permits issued under this color; eye color; height; weight; social section are not transferable or assign- security number (optional) and signa- able. A permit is valid only for the per- ture of the applicant. The applicant son to whom it is issued. must also provide two color passport- (k) Change in application information. size photographs. Notice of a change in the permit hold- (e) Fees. The Regional Director may er’s name, address, or telephone num- charge a fee to recover the administra- ber must be submitted in writing to, tive expense of issuing a permit re- and received by, the Regional Director quired under this section. The amount within 15 days of the change in infor- of the fee is calculated in accordance mation. If written notice of the change with the procedures of the NOAA Fi- in information is not received by the nancial Handbook for determining the Regional Director within 15 days, the administrative costs of each special permit is void. product or service. The fee may not ex- (l) Alteration. Any permit that has ceed such costs and is specified with been altered, erased, or mutilated is in- each application form. The appropriate valid. fee must accompany each application; (m) Display. Any permit issued under if it does not, the application will be this part must be maintained in legible
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condition and displayed for inspection of the fee is calculated in accordance upon request by any authorized officer. with the procedures of the NOAA Fi- (n) Sanctions. Vessel operators with nance Handbook for determining the suspended or revoked permits may not administrative costs of each special be on board a federally permitted fish- product or service. The fee may not ex- ing vessel in any capacity while the ceed such costs and is specified with vessel is at sea or engaged in offload- each application form. The appropriate ing. Procedures governing enforcement fee must accompany each application; related permit sanctions and denials if it does not, the application will be are found at subpart D of 15 CFR part considered incomplete for purposes of 904. paragraph (e) of this section. (o) Vessel owner responsibility. Vessel (e) Issuance. Except as provided in owners are responsible for ensuring subpart D of 15 CFR part 904, the Re- that their vessels are operated by an gional Director will issue a permit at individual with a valid operator’s per- any time during the fishing year to an mit issued under this section. applicant, unless the applicant has failed to submit a completed applica- § 649.6 Dealer permits. tion. An application is complete when (a) All dealers must have been issued, all requested forms, information, and and have in their possession, a valid documentation have been received. permit issued under this section. Upon receipt of an incomplete or im- (b) Dealer application. Applicants for properly executed application, the Re- a permit under this section must sub- gional Director will notify the appli- mit a completed application on an ap- cant of the deficiency in the applica- propriate form provided by the Re- tion. If the applicant fails to correct gional Director. The application must the deficiency within 30 days following be signed by the applicant and submit- the date of notification, the applica- ted to the Regional Director at least 30 tion will be considered abandoned. days before the date upon which the (f) Expiration. A Federal dealer per- applicant desires to have the permit mit will expire upon the renewal date made effective. For 1994, a copy of an specified in the permit. applicant’s completed application will (g) Duration. A permit is valid until serve as a temporary permit until the it is revoked, suspended, or modified applicant has received a permanent under 15 CFR part 904, or otherwise ex- permit. The Regional Director will no- pires, or ownership changes, or the ap- tify the applicant of any deficiency in plicant has failed to report any change the application, pursuant to this sec- in the information on the permit appli- tion. cation to the Regional Director as re- (c) Information requirements. Applica- quired by paragraph (j) of this section. tions must contain at least the follow- (h) Replacement. Replacement per- ing information and any other informa- mits, for otherwise valid permits, may tion required by the Regional Director: be issued by the Regional Director Company name, place(s) of business, when requested in writing by the appli- mailing address(es) and telephone num- cant, stating the need for replacement ber(s); owner’s name; dealer permit and the Federal dealer permit number number (if a renewal); and name and assigned. An application for a replace- signature of the person responsible for ment permit will not be considered a the truth and accuracy of the report. If new application. An appropriate fee the dealer is a corporation, a copy of may be charged. the Certificate of Incorporation must (i) Transfer. Permits issued under this be included with the application. If the section are not transferable or assign- dealer is a partnership, a copy of the able. A permit is valid only for the per- Partnership Agreement and the names son, or other business entity, to which and addresses of all partners must be it is issued. included with the application. (j) Change in application information. (d) Fees. The Regional Director may Within 15 days after a change in the in- charge a fee to recover the administra- formation contained in an application tive expense of issuing a permit re- submitted under this section, a written quired under this section. The amount report of the change must be submitted
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to, and received by, the Regional Direc- official number from an enforcement tor. If written notice of the change in vessel or aircraft. information is not received by the Re- gional Director within 15 days, the per- § 649.8 Prohibitions. mit is void. (a) In addition to the general prohibi- (k) Alteration. Any permit that has tions specified in § 600.725 of this chap- been altered, erased, or mutilated is in- ter, it is unlawful for any person own- valid. ing or operating a vessel issued a Fed- (l) Display. Any permit, or a valid du- eral American lobster permit under plicate thereof, issued under this sec- § 649.4 or a vessel or person holding a tion must be maintained in legible con- valid State of Maine American lobster dition and displayed for inspection permit or license and fishing under the upon request by any authorized officer. provisions of and under the areas des- (m) Federal versus state requirements. ignated in § 649.24 to do any of the fol- If a requirement of this part differs lowing: from a fisheries management measure (1) Retain on board, land, or possess required by state law, any dealer issued at or after landing, American lobsters a Federal dealer permit must comply that fail to meet the carapace length with the more restrictive requirement. standard specified in § 649.20(b). All (n) Sanctions. Procedures governing American lobsters will be subject to in- enforcement-related permit sanctions spection and enforcement, up to and in- and denials are found at subpart D of 15 cluding the time when a dealer receives CFR part 904. or possesses American lobsters for a commercial purpose. § 649.7 Vessel identification. (2) Retain on board, land, or possess (a) Vessel name. Each fishing vessel any American lobster or parts thereof subject to this part that is over 25 ft in violation of the mutilation stand- (7.6 m) in length must display its name ards specified in § 649.20(c). on the port and starboard sides of its (3) Retain on board, possess, or land bow and, if possible, on its stern. any berried female American lobster (b) Official number. Each fishing ves- specified in § 649.20(d). sel subject to this part that is over 25 (4) Remove eggs from any berried fe- ft (7.6 m) in length must display its of- male American lobster, land, or possess ficial number on the port and starboard any such lobster from which eggs have sides of its deckhouse or hull, and on been removed. No such person may an appropriate weather deck, so as to land or possess any lobster that has be visible from above by enforcement come in contact with any substance ca- vessels and aircraft. The official num- pable of removing lobster eggs. ber is the U.S. Coast Guard documenta- (5) Retain on board, land, or possess tion number or the vessel’s state reg- any V-notched female American lob- istration number for vessels not re- sters throughout the range of the quired to be documented under chapter stock. 123 of title 46 U.S.C. (6) Possess, deploy, haul, harvest lob- (c) Numerals. The official number ster from, or carry aboard a vessel any must be permanently affixed in con- gear not identified, marked, vented, trasting block Arabic numerals at least and panelled in accordance with the re- 18 inches (45.7 cm) in height for vessels quirements specified in § 649.21, unless over 65 ft (19.8 m), and at least 10 such gear has been rendered unfishable. inches (25.4 cm) in height for all other (7) Fish for, land, or possess Amer- vessels over 25 ft (7.6 m) in length. ican lobsters after December 31, 1994, (d) Duties of owner and operator. The unless the operator of the vessel has owner and operator of each vessel sub- been issued an operator’s permit under ject to this part must: § 649.5, and the permit is on board the (1) Keep the vessel name and official vessel and is valid. number clearly legible and in good re- (8) Fail to report to the Regional Di- pair; and rector within 15 days any change in the (2) Ensure that no part of the vessel, information contained in the permit its rigging, its fishing gear, or any application as required under § 649.4(l) other object obstructs the view of the or § 649.5(k).
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(9) Make any false statement in con- (iv) The American lobsters were har- nection with an application under vested by a recreational fishing vessel; § 649.4 or § 649.5. or (10) Fail to affix and maintain perma- (v) The American lobsters were har- nent markings, as required by § 649.7. vested by a vessel or person holding a (11) Sell, transfer, or barter or at- valid State of Maine American lobster tempt to sell, transfer, or barter to a permit or license that is fishing under dealer any American lobsters, unless the provisions of and in the areas des- the dealer has a valid Federal Dealer’s ignated in § 649.24. Permit issued under § 649.6. (2) Sell, barter or trade, or otherwise (b) In addition to the prohibitions transfer, or attempt to sell, barter, or specified in paragraph (a) of this sec- trade, or otherwise transfer for a com- tion, it is unlawful for any person own- mercial purpose, any American lob- ing or operating a vessel that has not sters from a vessel, unless the vessel been issued a limited access American had been issued a valid Federal Amer- lobster permit as described under ican lobster permit under § 649.4, the § 649.4(b) or a vessel or person holding a American lobsters were harvested by a valid State of Maine American lobster vessel without a Federal lobster permit permit or license and fishing under the that fishes for lobsters exclusively in provisions of and in the area des- State waters or unless the vessel or ignated under § 649.24, to possess on person holds a valid State of Maine board a vessel or land American lob- American lobster permit or license and sters unless the vessel is a party, char- is fishing under the provisions of and in ter, or dive boat and there are six or the areas designated in § 649.24. fewer American lobsters per person on (3) Purchase, possess, or receive for a such boats, and the lobster are not commercial purpose, or attempt to pur- sold, traded or bartered, or unless the chase, possess, or receive for a com- vessel is a recreational vessel, or a ves- mercial purpose, as, or in the capacity sel fishing for American lobsters exclu- of, a dealer, American lobsters taken sively in State waters. from or harvested by a fishing vessel (c) In addition to the general prohibi- issued a Federal American lobster per- tions specified in § 600.725 of this chap- mit, unless in possession of a valid ter and the prohibitions specified in dealer’s permit issued under § 649.6; paragraphs (a) and (b) of this section, it (4) Purchase, possess, or attempt to is unlawful for any person to do any of purchase or receive for commercial the following: purposes, as, or in the capacity of, a (1) Possess on board a vessel or land dealer, American lobsters caught by a American lobsters unless: vessel other than one issued a Federal (i) The American lobsters were har- American lobster permit under § 649.4 vested by a vessel that has been issued or one holding or owned or operated by and carries on board a valid Federal one holding a valid State of Maine American lobster permit under American lobster permit or license and § 649.4(a); or a valid limited access fishing under the provisions of and in American lobster permit under the areas designated in § 649.24, unless § 649.4(b); or the American lobsters were harvested (ii) The American lobsters were har- by a vessel without a Federal American vested by a vessel without a Federal lobster permit and that fishes for American lobster permit and that American lobster exclusively in state fishes for American lobsters exclu- waters. sively in state waters; or (5) Beginning January 1, 1995, to be, (iii) The American lobsters were har- or act as, an operator of a vessel fish- vested by a party, charter, or dive ves- ing for or possessing American lobsters sel that possesses six or fewer Amer- in or from the EEZ, or issued a Federal ican lobsters per person on board the American lobster permit under § 649.4 vessel and the lobsters are not intended (b), without having been issued and to be or are not traded, bartered, or possessing a valid operator’s permit is- sold; or sued under § 649.5.
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(6) Assault, resist, oppose, impede, (e) Presumption. American lobsters harass, intimidate, or interfere with ei- that are possessed, or landed at or ther a NMFS-approved observer aboard prior to the time when the American a vessel, or an authorized officer con- lobsters are received by a dealer, or ducting any search, inspection, inves- American lobsters that are possessed tigation, or seizure in connection with by a dealer, are presumed to be har- enforcement of this part; vested from the EEZ or by a vessel (7) Make any false statement, oral or with a Federal lobster permit. A pre- written, to an authorized officer, con- ponderance of all submitted evidence cerning the taking, catching, harvest- that such American lobsters were har- ing, landing, purchase, sale, or transfer vested by a vessel without a Federal of any American lobsters; American lobster permit and fishing (8) Violate any provision of this part, exclusively for American lobsters in the Magnuson Act, or any regulation, state waters will be sufficient to rebut permit, or notification issued under the the presumption. Magnuson Act or these regulations; (f) The possession of egg-bearing fe- (9) Possess or land any American lob- male American lobsters, V-notched fe- sters harvested in or from the EEZ in male American lobsters, or American violation of § 649.20; or lobsters that are smaller than the min- (10) Ship, transport, offer for sale, imum size set forth in § 649.20(b), will sell, or purchase, in interstate or for- be prima facie evidence that such Amer- eign commerce, any whole live Amer- ican lobsters were taken or imported in ican lobster in violation of § 649.20. violation of these regulations. Evi- (11) Fish, or be in the areas described dence that such American lobsters in § 649.23(a)(1), (b)(1), (c)(1), and (d)(1) were harvested by a vessel not holding on a fishing vessel with mobile gear a permit under this part and fishing ex- during the time periods specified in clusively within state or foreign waters § 649.23(a)(2), (b)(2), (c)(2), and (d)(2), ex- will be sufficient to rebut the presump- cept as provided in § 649.23(a)(2), (b)(2), tion. (c)(2), and (d)(2). [59 FR 31943, June 21, 1994, as amended at 61 (12) Fish, or be in the areas described FR 16883, Apr. 18, 1996; 62 FR 9993, Mar. 5, in § 649.23(a)(1), (b)(1), and (c)(1) on a 1997; 62 FR 10750, Mar. 10, 1997] fishing vessel with lobster pot gear during the time periods specified in § 649.9 Facilitation of enforcement. § 649.23(a)(2), (b)(2), and (c)(2). See § 620.8 of this chapter. (13) Deploy or fail to remove lobster pot gear in the areas described in § 649.10 Penalties. § 649.23(a)(1), (b)(1), and (c)(1) during the See § 620.9 of this chapter. time periods specified in § 649.23(a)(2), (b)(2), and (c)(2). (d) Any person possessing, or landing Subpart B—Management American lobsters at or prior to the Measures time when those American lobsters are landed, or are received or possessed by § 649.20 Harvesting and landing re- quirements. a dealer, is subject to all of the prohibi- tions specified in paragraphs (a), (b) (a) Condition. By being issued a Fed- and (c) of this section, unless the eral limited access American lobster American lobsters were harvested by a permit, the vessel owner is subject to vessel without a Federal American lob- all measures in this subpart, regardless ster permit and that fishes for Amer- of where American lobsters were har- ican lobsters exclusively in state wa- vested. ters; or are from a party, charter, or (b) Carapace length. (1) The minimum dive vessel that possesses or possessed carapace length for all American lob- six or fewer American lobsters per per- sters harvested in or from the EEZ is son aboard the vessel at any time and 31⁄4 inches (8.26 cm). the lobsters are not intended for sale, (2) The minimum carapace length for trade, or barter; or are from a rec- all American lobsters landed, har- reational vessel. vested, or possessed at or after landing
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by vessels issued a Federal American § 649.21 Gear identification and mark- lobster permit, is 31⁄4 inches (8.26 cm). ing, escape vent, and ghost panel (3) No person may ship, transport, requirements. offer for sale, sell, or purchase, in (a) Identification. All lobster gear de- interstate or foreign commerce, any ployed in the EEZ or possessed by a whole live American lobster that is person whose vessel is permitted for smaller than the minimum size speci- fishing in the EEZ, and not perma- fied in this paragraph (b). nently attached to the vessel, must be (c) Mutilation. (1) No person may re- legibly and indelibly marked with one move meat or any body appendage of the following codes of identification: from any American lobster harvested (1) A number assigned by the Re- gional Director; and/or in or from the EEZ before landing, or (2) Whatever positive identification to have in possession on board any marking is required by the vessel’s American lobster part other than home-port state. whole lobsters. (b) Marking. In the areas of the EEZ (2) No owner, operator or person described in paragraph (b)(4) of this aboard a vessel issued a Federal Amer- section, lobster pot trawls are to be ican lobster permit may remove meat marked as follows: or any body appendage from any Amer- (1) Lobster pot trawls of three or ican lobster before landing, or to have fewer pots must be marked with a sin- in possession on board any American gle buoy. lobster part other than whole lobsters. (2) Lobster pot trawls consisting of (d) Berried females. (1) Any berried fe- more than three pots must have a male American lobster harvested in or radar reflector and a single flag or pen- from the EEZ must be returned to the nant on the westernmost end (marking sea immediately. the half compass circle from magnetic south through west, to and including (2) Any berried female American lob- north), while the easternmost end ster harvested or possessed by a vessel (meaning the half compass circle from issued a Federal American lobster per- magnetic north through east, to and mit must be returned to the sea imme- including south) of an American lob- diately. ster pot trawl must be marked with a (3) No person may ship, transport, radar reflector only. Standard tetra- offer for sale, sell, or purchase, in hedral corner radar reflectors (see Fig- interstate or foreign commerce, any ure 1 of this part) of at least 8 inches berried female American lobster as (20.32 cm)(both in height and width, specified in this paragraph (d). and made from metal) must be em- (e) Scrubbing. (1) No person may re- ployed. move extruded eggs attached to the ab- (3) No American lobster pot trawl dominal appendages from any female shall exceed 1.5 nautical miles (2.78 American lobster harvested on or from km) in length, as measured from buoy the EEZ. to buoy. (2) No owner, operator or person (4) Gear marking requirements apply aboard a vessel issued a Federal Amer- in the following areas: (i) Gulf of Maine gear area. All waters ican lobster permit may remove ex- of the EEZ north of 42°20′ N. lat. sea- truded eggs attached to the abdominal ward of a line drawn 12 nautical miles appendages from any female American (22.2 km) from the baseline of the terri- lobster. torial sea; (3) No person may ship, transport, (ii) Georges Bank gear Area. All waters offer for sale, sell, or purchase, in of the EEZ south of 42°20′ N. lat. and interstate or foreign commerce, any east of 70°00′ W. long. or the outer whole live American lobster that bears boundary of the territorial sea, which- evidence of the forcible removal of ex- ever lies farther east; truded eggs from its abdominal append- (iii) Southern New England gear Area. ages as specified in this paragraph (e). All waters of the EEZ west of 70°00′ W.
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long., east of 71°30′ W. long. at a depth (2) The Regional Director may, at the greater than 25 fathoms (45.72 m); and request of, or after consultation with, (iv) Mid-Atlantic gear Area. All waters the Lobster Oversight Committee of of the EEZ, west of 71°30′ W. long. and the Council, approve, and publish in north of 36°33′ N. lat. at a depth greater the FEDERAL REGISTER, any other de- than 40 fathoms (73.15 m). sign, mechanism, material, or speci- (c) Escape vents. All American lobster fication not described in the regula- traps deployed in the EEZ or possessed tions in this part that serves to create by a person whose vessel is permitted an escape portal not less than 33⁄4 for fishing in the EEZ, as specified inches (9.53 cm) by 33⁄4 inches (9.53 cm). under § 649.4, must be constructed to in- clude one of the following escape vents (e) Enforcement action. Unidentified, in the parlor section of the trap. The unmarked, unvented, or improperly vent must be located in such a manner vented American lobster traps will be that it would not be blocked or ob- seized and disposed of in accordance structed by any portion of the trap, as- with the provisions of part 219 of this sociated gear, or the sea floor in nor- title. mal use. (1) The specifications for escape § 649.22 Experimental fishing exemp- vents are as follows: tion. (i) A rectangular portal with an un- (a) The Regional Director may ex- obstructed opening not less than 17⁄8 empt any person or vessel from the re- inches (4.76 cm) by 53⁄4 inches (14.61 cm); quirements of this part for the conduct (ii) Two circular portals with unob- of experimental fishing beneficial to 3 structed openings not less than 2 ⁄8 the management of the American lob- inches (6.03 cm) in diameter. ster resource or fishery. (2) The Regional Director may, at the request of, or after consultation with, (b) The Regional Director may not the Lobster Oversight Committee of grant such exemption unless it is de- the Council, approve, and publish in termined that the purpose, design, and the FEDERAL REGISTER any other type administration of the exemption is of acceptable escape vent that the Re- consistent with the objectives of the gional Director finds to be consistent FMP, the provisions of the Magnuson with paragraphs (c)(1)(i) and (ii) of this Act, and other applicable law, and that section. granting the exemption will not: (d) Ghost panel. Lobster traps not (1) Have a detrimental effect on the constructed entirely of wood must con- American lobster resource and fishery; tain a ghost panel. or (1) The specifications of this require- (2) Create significant enforcement ment are as follows: problems. (i) The opening to be covered by the (c) Each vessel participating in any ghost panel must be rectangular and exempted experimental fishing activity shall not be less than 33⁄4 inches (9.53 is subject to all provisions of this part, cm) by 33⁄4 inches (9.53 cm). (ii) The panel must be constructed of, except those necessarily relating to the or fastened to the trap with, one of the purpose and nature of the exemption. following untreated materials: Wood The exemption will be specified in a lath, cotton, hemp, sisal or jute twine letter issued by the Regional Director not greater than 3⁄16 inch (0.48 cm) in to each vessel participating in the ex- diameter, or non-stainless, uncoated empted activity. This letter must be ferrous metal not greater than 3⁄32 inch carried aboard the vessel seeking the (0.24 cm) in diameter. benefit of such exemption. (iii) The door of the trap may serve as the ghost panel, if fastened with a § 649.23 Restricted gear areas. material specified in paragraph (a) Restricted Gear Area I. (1) Re- (d)(1)(ii) of this section. stricted Gear Area I is defined by (iv) The ghost panel must be located straight lines connecting the following in the outer parlor(s) of the trap and points in the order stated: not the bottom of the trap.
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Point Latitude Longitude Point Latitude Longitude
Inshore Boundary 141 ...... 40°04.8′ N. 69°03.05′ W. 142 ...... 40°03.55′ N. 69°03.55′ W. to 120 143 ...... 40°01.9′ N. 69°03.95′ W. 69 ...... 40°07.9′ N. 68°36.0′ W. 144 ...... 40°01.0′ N. 69°04.4′ W. 70 ...... 40°07.2′ N. 68°38.4′ W. 146 ...... 39°59.9′ N. 69°06.25′ W. 71 ...... 40°06.9′ N. 68°46.5′ W. 147 ...... 40°00.6′ N. 69°10.05′ W. 72 ...... 40°08.7′ N. 68°49.6′ W. 148 ...... 39°59.25′ N. 69°11.15′ W. 73 ...... 40°08.1′ N. 68°51.0′ W. 149 ...... 39°57.45′ N. 69°16.05′ W. 74 ...... 40°05.7′ N. 68°52.4′ W. 150 ...... 39°56.1′ N. 69°20.1′ W. 75 ...... 40°03.6′ N. 68°57.2′ W. 151 ...... 39°54.6′ N. 69°25.65′ W. 76 ...... 40°03.65′ N. 69°00.0′ W. 152 ...... 39°54.65′ N. 69°26.9′ W. 77 ...... 40°04.35′ N. 69°00.5′ W. 153 ...... 39°54.8′ N. 69°30.95′ W. 78 ...... 40°05.2′ N. 69°00.5′ W. 154 ...... 39°54.35′ N. 69°33.4′ W. 79 ...... 40°05.3′ N. 69°01.1′ W. 155 ...... 39°55.0′ N. 69°34.9′ W. 80 ...... 40°08.9′ N. 69°01.75′ W. 156 ...... 39°56.55′ N. 69°36.0′ W. 81 ...... 40°11.0′ N. 69°03.8′ W. 157 ...... 39°57.95′ N. 69°36.45′ W. 82 ...... 40°11.6′ N. 69°05.4′ W. 158 ...... 39°58.75′ N. 69°36.3′ W. 83 ...... 40°10.25′ N. 69°04.4′ W. 159 ...... 39°58.8′ N. 69°36.95′ W. 84 ...... 40°09.75′ N. 69°04.15′ W. 160 ...... 39°57.95′ N. 69°38.1′ W. 85 ...... 40°08.45′ N. 69°03.6′ W. 161 ...... 39°54.5′ N. 69°38.25′ W. 86 ...... 40°05.65′ N. 69°03.55′ W. 162 ...... 39°53.6′ N. 69°46.5′ W. 87 ...... 40°04.1′ N. 69°03.9′ W. 163 ...... 39°54.7′ N. 69°50.0′ W. 88 ...... 40°02.65′ N. 69°05.6′ W. 164 ...... 39°55.25′ N. 69°51.4′ W. 89 ...... 40°02.00′ N. 69°08.35′ W. 165 ...... 39°55.2′ N. 69°53.1′ W. 90 ...... 40°02.65′ N. 69°11.15′ W. 166 ...... 39°54.85′ N. 69°53.9′ W. 91 ...... 40°00.05′ N. 69°14.6′ W. 167 ...... 39°55.7′ N. 69°54.9′ W. 92 ...... 39°57.8′ N. 69°20.35′ W. 168 ...... 39°56.15′ N. 69°55.35′ W. 93 ...... 39°56.65′ N. 69°24.4′ W. 169 ...... 39°56.05′ N. 69°56.25′ W. 94 ...... 39°56.1′ N. 69°26.35′ W. 170 ...... 39°55.3′ N. 69°57.1′ W. 95 ...... 39°56.55′ N. 69°34.1′ W. 171 ...... 39°54.8′ N. 69°58.6′ W. 96 ...... 39°57.85′ N. 69°35.5′ W. 172 ...... 39°56.05′ N. 70°00.65′ W. 97 ...... 40°00.65′ N. 69°36.5′ W. 173 ...... 39°55.3′ N. 70°02.95′ W. 98 ...... 40°00.9′ N. 69°37.3′ W. 174 ...... 39°56.9′ N. 70°11.3′ W. 99 ...... 39°59.15′ N. 69°37.3′ W. 175 ...... 39°58.9′ N. 70°11.5′ W. 100 ...... 39°58.8′ N. 69°38.45′ W. 176 ...... 39°59.6′ N. 70°11.1′ W. 102 ...... 39°56.2′ N. 69°40.2′ W. 177 ...... 40°01.35′ N. 70°11.2′ W. 103 ...... 39°55.75′ N. 69°41.4′ W. 178 ...... 40°02.6′ N. 70°12.0′ W. 104 ...... 39°56.7′ N. 69°53.6′ W. 179 ...... 40°00.4′ N. 70°12.3′ W. 105 ...... 39°57.55′ N. 69°54.05′ W. 180 ...... 39°59.75′ N. 70°13.05′ W. 106 ...... 39°57.4′ N. 69°55.9′ W. 181 ...... 39°59.3′ N. 70°14.0′ W. 107 ...... 39°56.9′ N. 69°57.45′ W. to 119 108 ...... 39°58.25′ N. 70°03.0′ W. ° ′ ° ′ 110 ...... 39 59.2 N. 70 04.9 W. (2) Duration—(i) Mobile Gear. From 111 ...... 40°00.7′ N. 70°08.7′ W. 112 ...... 40°03.75′ N. 70°10.15′ W. October 1 through June 15, no fishing 115 ...... 40°05.2′ N. 70°10.9′ W. vessel with mobile gear or person on a 116 ...... 40°02.45′ N. 70°14.1′ W. ° ′ ° ′ fishing vessel with mobile gear may 119 ...... 40 02.75 N. 70 16.1 W. fish, or be in Restricted Gear Area I to 181 unless transiting. Vessels may transit Offshore Boundary this area provided that all mobile gear to 69 is on board the vessel while inside the 120 ...... 40°06.4′ N. 68°35.8′ W. area. 121 ...... 40°05.25′ N. 68°39.3′ W. (ii) Lobster pot gear. From June 16 122 ...... 40°05.4′ N. 68°44.5′ W. through September 30, no fishing vessel 123 ...... 40°06.0′ N. 68°46.5′ W. 124 ...... 40°07.4′ N. 68°49.6′ W. with lobster pot gear or person on a 125 ...... 40°05.55′ N. 68°49.8′ W. fishing vessel with lobster pot gear 126 ...... 40°03.9′ N. 68°51.7′ W. may fish, and no lobster pot gear may 127 ...... 40°02.25′ N. 68°55.4′ W. 128 ...... 40°02.6′ N. 69°00.0′ W. be deployed or remain, in Restricted 129 ...... 40°02.75′ N. 69°00.75′ W. Gear Area I. 130 ...... 40°04.2′ N. 69°01.75′ W. (b) Restricted Gear Area II. (1) Re- 131 ...... 40°06.15′ N. 69°01.95′ W. stricted Gear Area II is defined by 132 ...... 40°07.25′ N. 69°02.0′ W. 133 ...... 40°08.5′ N. 69°02.25′ W. straight lines connecting the following 134 ...... 40°09.2′ N. 69°02.95′ W. points in the order stated: 135 ...... 40°09.75′ N. 69°03.3′ W. 136 ...... 40°09.55′ N. 69°03.85′ W. Point Latitude Longitude 137 ...... 40°08.4′ N. 69°03.4′ W. 138 ...... 40°07.2′ N. 69°03.3′ W. Inshore Boundary 139 ...... 40°06.0′ N. 69°03.1′ W. 140 ...... 40°05.4′ N. 69°03.05′ W. to 1
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Point Latitude Longitude ing vessel with mobile gear or person on a fishing vessel with mobile gear 49 ...... 40°02.75′ N. 70°16.1′ W. 50 ...... 40°00.7′ N. 70°18.6′ W. may fish, or be in Restricted Gear Area 51 ...... 39°59.8′ N. 70°21.75′ W. II unless transiting Vessels may tran- 52 ...... 39°59.75′ N. 70°25.5′ W. sit this area provided that all mobile 53 ...... 40°03.85′ N. 70°28.75′ W. gear is on board the vessel while inside 54 ...... 40°00.55′ N. 70°32.1′ W. 55 ...... 39°59.15′ N. 70°34.45′ W. the area. 56 ...... 39°58.9′ N. 70°38.65′ W. (ii) Lobster pot gear. From June 16 57 ...... 40°00.1′ N. 70°45.1′ W. through November 26, no fishing vessel 58 ...... 40°00.5′ N. 70°57.6′ W. 59 ...... 40°02.0′ N. 71°01.3′ W. with lobster pot gear or person on a 60 ...... 39°59.3′ N. 71°18.4′ W. fishing vessel with lobster pot gear 61 ...... 40°00.7′ N. 71°19.8′ W. may fish, and no lobster pot gear may ° ′ ° ′ 62 ...... 39 57.5 N. 71 20.6 W. be deployed or remain, in Restricted 63 ...... 39°53.1′ N. 71°36.1′ W. 64 ...... 39°52.6′ N. 71°40.35′ W. Gear Area II. 65 ...... 39°53.1′ N. 71°42.7′ W. (c) Restricted Gear Area III. (1) Re- 66 ...... 39°46.95′ N. 71°49.0′ W. stricted Gear Area III is defined by 67 ...... 39°41.15′ N. 71°57.1′ W. 68 ...... 39°35.45′ N. 72°02.0′ W. straight lines connecting the following 69 ...... 39°32.65′ N. 72°06.1′ W. points in the order stated, except as 70 ...... 39°29.75′ N. 72°09.8′ W. specified in paragraph (c)(3) of this sec- to 48 tion: Offshore Boundary Point Latitude Longitude to 49 Inshore Boundary 1 ...... 39°59.3′ N. 70°14.0′ W. 2 ...... 39°58.85′ N. 70°15.2′ W. to 49 3 ...... 39°59.3′ N. 70°18.4′ W. 182 ...... 40°05.6′ N. 70°17.7′ W. 4 ...... 39°58.1′ N. 70°19.4′ W. ° ′ ° ′ ° ′ ° ′ 183 ...... 40 06.5 N. 70 40.05 W. 5 ...... 39 57.0 N. 70 19.85 W. 184 ...... 40°11.05′ N. 70°45.8′ W. ° ′ ° ′ 6 ...... 39 57.55 N. 70 21.25 W. 185 ...... 40°12.75′ N. 70°55.05′ W. ° ′ ° ′ 7 ...... 39 57.5 N. 70 22.8 W. 186 ...... 40°10.7′ N. 71°10.25′ W. ° ′ ° ′ 8 ...... 39 57.1 N. 70 25.4 W. 187 ...... 39°57.9′ N. 71°28.7′ W. ° ′ ° ′ 9 ...... 39 57.65 N. 70 27.05 W. 188 ...... 39°55.6′ N. 71°41.2′ W. 10 ...... 39°58.58′ N. 70°27.7′ W. 189 ...... 39°55.85′ N. 71°45.0′ W. 11 ...... 40°00.65′ N. 70°28.8′ W. 190 ...... 39°53.75′ N. 71°52.25′ W. 12 ...... 40°02.2′ N. 70°29.15′ W. 191 ...... 39°47.2′ N. 72°01.6′ W. 13 ...... 40°01.0′ N. 70°30.2′ W. 192 ...... 39°33.65′ N. 72°15.0′ W. 14 ...... 39°58.58′ N. 70°31.85′ W. to 70 15 ...... 39°57.05′ N. 70°34.35′ W. 16 ...... 39°56.42′ N. 70°36.8′ W. Offshore Boundary 21 ...... 39°58.15′ N. 70°48.0′ W. 24 ...... 39°58.3′ N. 70°51.1′ W. to 182 25 ...... 39°58.1′ N. 70°52.25′ W. 49 ...... 40°02.75′ N. 70°16.1′ W. 26 ...... 39°58.05′ N. 70°53.55′ W. 50 ...... 40°00.7′ N. 70°18.6′ W. 27 ...... 39°58.4′ N. 70°59.6′ W. 51 ...... 39°59.8′ N. 70°21.75′ W. 28 ...... 39°59.8′ N. 71°01.05′ W. 52 ...... 39°59.75′ N. 70°25.5′ W. 29 ...... 39°58.2′ N. 71°05.85′ W. 53 ...... 40°03.85′ N. 70°28.75′ W. 30 ...... 39°57.45′ N. 71°12.15′ W. 54 ...... 40°00.55′ N. 70°32.1′ W. 31 ...... 39°57.2′ N. 71°15.0′ W. 55 ...... 39°59.15′ N. 70°34.45′ W. ° ′ ° ′ 32 ...... 39°56.3′ N. 71°18.95′ W. 56 ...... 39 58.9 N. 70 38.65 W. ° ′ ° ′ 33 ...... 39°51.4′ N. 71°36.1′ W. 57 ...... 40 00.1 N. 70 45.1 W. ° ′ ° ′ 34 ...... 39°51.75′ N. 71°41.5′ W. 58 ...... 40 00.5 N. 70 57.6 W. ° ′ ° ′ 35 ...... 39°50.05′ N. 71°42.5′ W. 59 ...... 40 02.0 N. 71 01.3 W. ° ′ ° ′ 36 ...... 39°50.0′ N. 71°45.0′ W. 60 ...... 39 59.3 N. 71 18.4 W. ° ′ ° ′ 61 ...... 40°00.7′ N. 71°19.8′ W. 37 ...... 39 48.95 N. 71 46.05 W. ° ′ ° ′ ° ′ ° ′ 62 ...... 39 57.5 N. 71 20.6 W. 38 ...... 39 46.6 N. 71 46.1 W. ° ′ ° ′ ° ′ ° ′ 63 ...... 39 53.1 N. 71 36.1 W. 39 ...... 39 43.5 N. 71 49.4 W. ° ′ ° ′ ° ′ ° ′ 64 ...... 39 52.6 N. 71 40.35 W. 40 ...... 39 41.3 N. 71 55.0 W. ° ′ ° ′ ° ′ ° ′ 65 ...... 39 53.1 N. 71 42.7 W. 41 ...... 39 39.0 N. 71 55.6 W. ° ′ ° ′ ° ′ ° ′ 66 ...... 39 46.95 N. 71 49.0 W. 42 ...... 39 36.72 N. 71 58.25 W. ° ′ ° ′ ° ′ ° ′ 67 ...... 39 41.15 N. 71 57.1 W. 43 ...... 39 35.15 N. 71 58.55 W. ° ′ ° ′ ° ′ ° ′ 68 ...... 39 35.45 N. 72 02.0 W. 44 ...... 39 34.5 N. 72 00.75 W. ° ′ ° ′ ° ′ ° ′ 69 ...... 39 32.65 N. 72 06.1 W. 45 ...... 39 32.2 N. 72 02.25 W. ° ′ ° ′ ° ′ ° ′ 70 ...... 39 29.75 N. 72 09.8 W. 46 ...... 39 32.15 N. 72 04.1 W. to 192 47 ...... 39°28.5′ N. 72°06.5′ W. 48 ...... 39°29.0′ N. 72°09.25′ W. to 70 (2) Duration—(i) Mobile Gear. From June 16 through November 26, no fish- (2) Duration—(i) Mobile Gear. From ing vessel with mobile gear or person November 27 through June 15, no fish- on a fishing vessel with mobile gear
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may fish, or be in Restricted Gear Area Point Latitude Longitude III unless transiting. Vessels may tran- ° ′ ° ′ sit this area provided that all mobile 102 ...... 39 56.20 N. 69 40.20 W. 103 ...... 39°55.75′ N. 69°41.40′ W. gear is on board the vessel while inside 104 ...... 39°56.70′ N. 69°53.60′ W. the area. 105 ...... 39°57.55′ N. 69°54.05′ W. (ii) Lobster pot gear. From January 1 106 ...... 39°57.40′ N. 69°55.90′ W. through April 30, no fishing vessel with 107 ...... 39°56.90′ N. 69°57.45′ W. lobster pot gear or person on a fishing 108 ...... 39°58.25′ N. 70°03.00′ W. 110 ...... 39°59.20′ N. 70°04.90′ W. vessel with lobster pot gear may fish, ° ′ ° ′ and no lobster pot gear may be de- 111 ...... 40 00.70 N. 70 08.70 W. 112 ...... 40°03.75′ N. 70°10.15′ W. ployed or remain, in Restricted Gear 115 ...... 40°05.20′ N. 70°10.90′ W. Area III. 116 ...... 40°02.45′ N. 70°14.1′ W. (d) Restricted Gear Area IV. (1) Re- 119 ...... 40°02.75′ N. 70°16.1′ W. stricted Gear Area IV is defined by to 206 straight lines connecting the following points in the order stated: (2) Duration—(i) Mobile Gear. From June 16 through September 30, no fish- Point Latitude Longitude ing vessel with mobile gear or person Inshore Boundary on a fishing vessel with mobile gear may fish, or be in Restricted Gear Area 193 ...... 40°13.60′ N. 68°40.60′ W. IV unless transiting. Vessels may tran- 194 ...... 40°11.60′ N. 68°53.00′ W. 195 ...... 40°14.00′ N. 69°04.70′ W. sit this area provided that all mobile 196 ...... 40°14.30′ N. 69°05.80′ W. gear is on board the vessel while inside 197 ...... 40°05.50′ N. 69°09.00′ W. the area. 198 ...... 39°57.30′ N. 69°25.10′ W. ° ′ ° ′ 199 ...... 40 00.40 N. 69 35.20 W. [62 FR 10750, Mar. 10, 1997] 200 ...... 40°01.70′ N. 69°35.40′ W. 201 ...... 40°01.70′ N. 69°37.40′ W. 202 ...... 40°00.50′ N. 69°38.80′ W. § 649.24 Exempted waters for Maine 203 ...... 40°01.30′ N. 69°45.00′ W. State American lobster permits. 204 ...... 40°02.10′ N. 69°45.00′ W. 205 ...... 40°07.60′ N. 70°04.50′ W. A person or vessel holding a valid 206 ...... 40°07.80′ N. 70°09.20′ W. permit or license issued by the State of to 119 Maine that lawfully permits that per- Offshore Boundary son to engage in commercial fishing for American lobster may, with the ap- to 193 69 ...... 40°07.90′ N. 68°36.00′ W. proval of the State of Maine, engage in 70 ...... 40°07.20′ N. 68°38.40′ W. commercial fishing for American lob- 71 ...... 40°06.90′ N. 68°46.50′ W. sters in the following areas designated 72 ...... 40°08.70′ N. 68°49.60′ W. 73 ...... 40°08.10′ N. 68°51.00′ W. as EEZ, if such fishing is conducted in 74 ...... 40°05.70′ N. 68°52.40′ W. such waters in accordance with all 75 ...... 40°03.60′ N. 68°57.20′ W. other applicable Federal and State reg- 76 ...... 40°03.65′ N. 69°00.00′ W. 77 ...... 40°04.35′ N. 69°00.50′ W. ulations: 78 ...... 40°05.20′ N. 69°00.50′ W. (a) West of Monhegan Island in the 79 ...... 40°05.30′ N. 69°01.10′ W. ° ′ ′′ ° ′ ° ′ area located north of the line 43.5 42 08 80 ...... 40 08.90 N. 69 01.75 W. ° ′ ′′ 81 ...... 40°11.00′ N. 69°03.80′ W. N. lat., 69.5 34 18 W. long., and 82 ...... 40°11.60′ N. 69°05.40′ W. 43.5°42′15′′ N. lat., 69.5°19′18′′ W. long. 83 ...... 40°10.25′ N. 69°04.40′ W. (b) East of Monhegan Island in the 84 ...... 40°09.75′ N. 69°04.15′ W. 85 ...... 40°08.45′ N. 69°03.60′ W. area located west of the line 43.5°44′00′′ 86 ...... 40°05.65′ N. 69°03.55′ W. N. lat., 69.5°15′05′′ W. long., and 87 ...... 40°04.10′ N. 69°03.90′ W. 43.5°48′10′′ N. lat., 69.5°08′01′′ W. long. 88 ...... 40°02.65′ N. 69°05.60′ W. 89 ...... 40°02.00′ N. 69°08.35′ W. (c) South of Vinalhaven in the area 90 ...... 40°02.65′ N. 69°11.15′ W. located west of the line 43.5°52′21′′ N. 91 ...... 40°00.05′ N. 69°14.60′ W. lat., 68.5°39′54′′ W. long., and 43.5°48′10′′ 92 ...... 39°57.80′ N. 69°20.35′ W. 93 ...... 39.56.75′ N. 69°24.40′ W. N. lat., 67.5°40′33′′ W. long. 94 ...... 39°56.50′ N. 69°26.35′ W. (d) South of Boris Bubert Island in 95 ...... 39.56.80′ N. 69°34.10′ W. the area located north of the line 96 ...... 39°57.85′ N. 69°35.05′ W. 97 ...... 40°00.65′ N. 69°36.50′ W. 44.5°19′15′′ N. lat, 67.5°49′30′′ W. long. and 98 ...... 40°00.90′ N. 69°37.30′ W. 44.5°23′5′′ N. lat., 67.5°40′33′′ W. long. 99 ...... 39°59.15′ N. 69°37.30′ W. 100 ...... 39°58.80′ N. 69°38.45′ W. [62 FR 9993, Mar. 5, 1997]
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Subpart C—Stock Rebuilding Pro- points, in the order stated, and the ter- gram and Framework Adjust- ritorial sea: ments to Management Meas- Point Latitude Longitude ures A ...... 44°04′ N. 67°19′ W. and northward along the irregular U.S. - Canada § 649.41 Purpose and scope. Maritime Boundary to the terri- The purpose of this subpart is to torial sea. B ...... 43°03′ N. 70°00′ W. specify the requirements and frame- C ...... 42°14′ N. 70°00′ W. work procedures for implementing the D ...... 42°08′ N. 69°55′ W. Stock Rebuilding Program, intended to E ...... 42°06′ N. 70°04′ W. eliminate overfishing in any resource areas. (2) Area 2. Near-shore EEZ Waters of Southern New England. This area is de- § 649.42 Stock rebuilding program re- fined by the area bounded by straight quirements and time frame. lines (rhumb lines) connecting the fol- lowing points in the order stated and (a) General. (1) The Council has until the territorial sea: July 20, 1995 to submit to NMFS man- agement measures to achieve the ob- Point Latitude Longitude jectives of the FMP. The measures E ...... 42°06′ N. 70°04′ W. must be designed to achieve the FMP D ...... 42°08′ N. 69°55′ W. objectives for reducing fishing mortal- F ...... 41°10′ N. 69°06′ W. ity within 5 years for the stock in the G ...... 40°46′ N. 71°34′ W. ° ′ ° ′ Gulf of Maine segment of the fishery H ...... 41 06 N. 71 43 W. I ...... 41°05′ N. 71°49′ W. and 10 years for the Southern New Eng- land segment of the stock. Such meas- (3) Area 3. EEZ Offshore Waters. This ures may be submitted through the area is defined by the area bounded by Magnuson Act amendment process or straight lines (rhumb lines) connecting through the first-year area manage- the following points, in the order stat- ment framework specifications in ed, and westerly of the U.S. - Canada § 649.43. Maritime Boundary: (2) In developing such management measures, the Council shall submit Point Longitude management measures to reduce fish- A ...... 44°04′ N. 67°19′ W. and northward along ing mortality in each of four manage- the irregular U.S. - Canada ment areas specified in paragraph (b) of Maritime Boundary to the terri- this section. These management meas- torial sea. B ...... 43°03′ N. 70°00′ W. ures shall be implemented according to C ...... 42°14′ N. 70°00′ W. the first-year area management frame- D ...... 42°08′ N. 69°55′ W. work specifications in § 649.43. F ...... 41°10′ N. 69°06′ W. G ...... 40°46′ N. 71°34′ W. (3) If the Council has not submitted J ...... 40°13′ N. 72°44′ W. management measures sufficient to K ...... 38°39′ N. 73°24′ W. achieve the objectives of the FMP on L ...... 38°12′ N. 73°55′ W. M ...... 37°12′ N. 74°44′ W. or before July 20, 1995, the Secretary N ...... 35°41′ N. 75°10′ W. shall determine, according to provi- O ...... 35°15′ N. 75°28′ W. sions of 16 U.S.C. 1854(c), whether to prepare an amendment to the FMP. (4) Area 4. Near-shore EEZ Waters of (b) Management areas. The Stock Re- the Middle Atlantic. This area is defined building Program to be submitted by by the area bounded by straight lines the Council shall be developed based on (rhumb lines) connecting the following the status of stock of American lob- points, in the order stated, and the ter- sters and management considerations ritorial sea: for each of the areas described and de- fined in this paragraph (b) (see Figures Point Latitude Longitude 2 and 3 of this part). I ...... 41°05′ N. 71°49′ W. (1) Area 1. Near-shore EEZ Waters of H ...... 41°06′ N. 71°43′ W. G ...... 40°46′ N. 71°34′ W. the Gulf of Maine. This area is defined J ...... 40°13′ N. 72°44′ W. by the area bounded by straight lines K ...... 38°39′ N. 73°24′ W. (rhumb lines) connecting the following L ...... 38°12′ N. 73°55′ W.
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Point Latitude Longitude on, the determinations and the analy- ses before making final recommenda- M ...... 37°12′ N. 74°44′ W. N ...... 35°41′ N. 75°10′ W. tions to be submitted to NMFS. The O ...... 35°15′ N. 75°28′ W. Council’s recommendation on nec- essary management measures may (c) Effort Management Teams (EMT). come from one or more of the following (1) The Council shall establish EMTs categories: for each area specified in paragraph (b) (1) Minimum-size changes; of this section, for the purpose of mak- (2) A maximum-size limit; ing recommendations to the Council on (3) Trap limits; management measures to achieve the (4) Seasonal closures of one or more objectives of the FMP. management areas; (2) Members of each EMT shall be ap- (5) Closed areas or zones within a pointed by the Council, in consultation management area; with appropriate states and NMFS. (6) Restrictions on allowable fishing Members of the EMT shall consist of a time; group of technical representatives that (7) Restrictions on allowable catches; serve on each EMT and a group of rep- resentatives from the lobster industry, (8) Permitting restrictions; based on their geographical affiliation (9) Additional restrictions on gear; with an EMT. The Council may decide (10) Overfishing definition; the number of representatives and op- (11) Limitations on participation in erating procedures of the EMTs. the fishery in accordance with the con- (3) No later than January 20, 1995, trol date guidelines listed below. These each EMT shall report its rec- guidelines will apply until a stock re- ommendations for management meas- building program is established. ures for the stock rebuilding program (i) It is the intent of the Council that for the area it represents to the Coun- in the event that a system of assigning cil. fishing rights is developed as part of the FMP, such assignments shall be § 649.43 First year framework speci- based upon historical levels of partici- fications. pation in the fishery prior to March 25, (a) On or before January 20, 1995, each 1991, with consideration for recent in- EMT shall submit its recommendations vestments that have not yet been re- for management measures for the area flected in measures of participation. it represents to the Council. In devel- (ii) New or re-rigged vessels will be oping these recommendations, the given consideration in the assignment EMTs may consider and recommend of fishing rights if: additional restrictions or limitations (A) They were under construction or on vessels participating in the lobster re-rigging for directed lobster fishing fishery according to the categories and as of March 25, 1991, as evidenced by guidelines contained in paragraph (b) written construction contracts, work of this section. orders, equipment purchases, or other (b) After receiving the recommenda- evidence of substantial investment and tions of the EMTs, the Council shall intent to participate in the lobster determine what management measures fishery; and are necessary for each management (B) They possessed an American lob- area, in order to achieve the objectives ster permit and landed lobster prior to of stock rebuilding specified in the March 25, 1992. FMP. For the management measures (iii) The public is further notified the Council determines are necessary that it is the intent of the Council that to meet FMP objectives, the Council historical participation will transfer shall provide appropriate rationale and with a vessel, for transfers made after economic and biological analysis of the March 25, 1991, unless such transfer is determinations. The Council shall accompanied by a written document in- make these determinations over the dication the agreement of both buyer span of at least two Council meetings and seller that any future fishing and provide the public with advance rights applicable to that vessel are not notice of, and opportunity to comment being transferred with the vessel.
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(iv) The Council further intends that ures adopted, following their promulga- any system of assigning fishing rights tion as a final rule. will take into consideration the follow- (d) If the Council’s recommendation ing concerns relative to individuals or includes adjustments or additions to corporations that have sold a vessel management measures, after reviewing within the time that may be chosen to the Council’s recommendation and sup- determine historical fishing rights: porting information: (A) The degree of economic depend- (1) If the Regional Director concurs ence upon the lobster fishery including, with the Council’s recommended man- but not limited to, the percentage of agement measures and determines that income derived from the lobster fish- the recommended management meas- ery; ures may be published as a final rule, (B) Extent of past participation in based on the factors specified in para- the lobster fishery; and graph (c) of this section, the action will (C) Demonstration of intent prior to be published in the FEDERAL REGISTER March 25, 1991, to re-enter the lobster as a final rule; or fishery with a different vessel. (2) If the Regional Director concurs (12) Any other restrictions that the with the Council’s recommendation Council may designate for the purpose and determines that the recommended of reducing or controlling fishing mor- management measures should be pub- tality rates, except that an Individual lished first as a proposed rule, the ac- Transferable Quota (ITQ) system would tion will be published as a proposed require a full FMP amendment. rule in the FEDERAL REGISTER. After (c) After developing necessary man- additional public comment, if the Re- agement measures and receiving public gional Director concurs with the Coun- testimony, the Council shall make a cil recommendation, the action will be recommendation to the Regional Di- published as a final rule in the FED- rector on or before July 20, 1995. The ERAL REGISTER; or Council’s recommendation must in- (3) If the Regional Director does not clude supporting rationale and, if man- concur, the Council will be notified, in agement measures are recommended, writing, of the reasons for the non-con- an analysis of impacts, and a rec- currence. ommendation to the Regional Director (e) At any time, the Council may on whether to publish the management make other adjustments to manage- measures as a final rule. If the Council ment measures implemented under this recommends that the management part pursuant to the provisions in measures should be published as a final § 649.44. rule, the Council must consider at least the following factors and provide sup- (f) Nothing in this section is meant port and analysis for each factor con- to diminish the authority of the Sec- sidered: retary to take emergency action under (1) Whether the availability of data section 305(c) of the Magnuson Act. on which the recommended manage- § 649.44 Framework specifications. ment measures are based allows for adequate time to publish a proposed (a) Annually, upon request from the rule, and whether regulations have to Council, the Regional Director will be in place for an entire harvest/fishing provide the Council with information season; of the status of the American lobster (2) Whether there has been adequate resource, based on the most recent notice and opportunity for participa- stock assessment report. tion by the public and members of the (b) The Council and Atlantic States affected industry in the development of Fisheries Commission, through con- the Council’s recommended manage- sultation with the ASMFC Lobster Sci- ment measures; entific Committee within the stock as- (3) Whether there is an immediate sessment process and with the EMTs, need to protect the resource; and shall continue to monitor the effective- (4) Whether there will be a continu- ness of the Stock Rebuilding Program ing evaluation of management meas- and to ensure, to the extent possible,
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that regional measures (within a Man- of reducing or controlling fishing mor- agement Area) do not shift costs from tality rates, except that an Individual one Management Area to another. Transferable Quota (ITQ) system would (c) In addition, the EMTs, on at least require a full FMP amendment. an annual basis, shall determine the (e) The Council may develop a rec- extent to which the objectives of the ommendation on measures to address FMP are being achieved and shall gear conflicts as defined under 50 CFR make recommendations to the Council 600.10 in accordance with the procedure for further management actions, if re- specified in § 648.55(d) and (e). quired. (f) After developing management ac- (d) After receiving the EMT rec- tions and receiving public testimony, ommendations, the Council shall deter- the Council shall make a recommenda- mine whether adjustments to, or addi- tion to the Regional Director. The tional management measures are nec- Council’s recommendation must in- essary to meet the goals and objectives clude supporting rationale and, if man- of the FMP. After considering the agement measures are recommended, EMT’s recommendations, or at any an analysis of impacts, and a rec- other time, if the Council determines ommendation to the Regional Director that adjustments to, or additional on whether to publish the management management measures are necessary, measures as a final rule. If the Council it shall develop and analyze appro- recommends that the management priate management actions over the measures should be published as a final span of at least two Council meetings. rule, the Council must consider at least The Council shall provide the appro- the following factors and provide sup- priate rationale and economic and bio- port and analysis for each factor con- logical analysis for its recommenda- sidered: tion, utilizing the most current catch, (1) Whether the availability of data effort, and other relevant data from on which the recommended manage- the fishery. The Council shall provide ment measures are based allows for the public with advance notice of the adequate time to publish a proposed availability of both the proposals and rule, and whether regulations have to the analyses, and opportunity to com- be in place for an entire harvest/fishing ment on them prior to, and at, the sec- season; ond Council meeting. The Council’s (2) Whether there has been adequate recommendation on adjustments or ad- notice and opportunity for participa- ditions to management measures may tion by the public and members of the come from one or more of the following affected industry in the development of categories: the Council’s recommended manage- (1) Minimum-size changes; ment measures; (2) A maximum-size limit; (3) Whether there is an immediate (3) Trap limits; need to protect the resource or to im- (4) Seasonal closures of one or more pose management measures to resolve management areas; gear conflicts; and (5) Closed areas or zones within a (4) Whether there will be a continu- management area; ing evaluation of management meas- (6) Restrictions on allowable fishing ures adopted, following their promulga- time; tion as a final rule. (7) Restrictions on allowable catches; (g) If the Council’s recommendation (8) Permitting restrictions; includes adjustments or additions to (9) Additional restrictions on gear; management measures, after reviewing (10) Overfishing definition; the Council’s recommendation and sup- (11) Limitations on participation in porting information: the fishery in accordance with the con- (1) If the Regional Director concurs trol date guidelines contained in with the Council’s recommended man- § 649.44(b)(11). These guidelines will agement measures and determines that apply until a stock rebuilding program the recommended management meas- is established. ures may be published as a final rule, (12) Any other restrictions which the based on the factors specified in para- Council may designate for the purpose graph (d) of this section, the action
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will be published in the FEDERAL REG- published as a final rule in the FED- ISTER as a final rule; or ERAL REGISTER; or (2) If the Regional Director concurs (3) If the Regional Director does not with the Council’s recommendation concur, the Council will be notified, in and determines that the recommended writing, of the reasons for the non-con- management measures should be pub- currence. lished first as a proposed rule, the ac- (h) Nothing in this section shall im- tion will be published as a proposed pair the authority of the Secretary to rule in the FEDERAL REGISTER. After take emergency action under section additional public comment, if the Re- 305(c) of the Magnuson Act. gional Director concurs with the Coun- [59 FR 31943, June 21, 1994, as amended at 62 cil recommendation, the action will be FR 1405, Jan. 10, 1997]
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PART 654—STONE CRAB FISHERY Management area means the EEZ off OF THE GULF OF MEXICO the coast of Florida from a line extend- ing directly south from the Alabama/ ° ′ ″ Subpart A—General Measures Florida boundary (87 31 06 W. long.) to a line extending directly east from the Sec. Dade/Monroe County, FL boundary 654.1 Purpose and scope. (25°20.4′ N. lat.). 654.2 Definitions. Regional Director means the Director, 654.3 Relation to other laws. Southeast Region, NMFS, 9721 Execu- 654.4 Permits and fees. [Reserved] 654.5 Recordkeeping and reporting. [Re- tive Center Drive N., St. Petersburg, served] FL 33702, telephone: 813–570–5301; or a 654.6 Vessel and gear identification. designee. 654.7 Prohibitions. Stone crab means Menippe mercenaria, 654.8 Facilitation of enforcement. M. adina or the hybrid, M. adina X M. 654.9 Penalties. mercenaria, or a part thereof.
Subpart B—Management Measures § 654.3 Relation to other laws. 654.20 Seasons. (a) The relation of this part to other 654.21 Harvest limitations. laws is set forth in § 620.3 of this chap- 654.22 Gear restrictions. ter and paragraphs (b), (c), and (d) of 654.23 Southwest Florida seasonal trawl clo- this section. sure. 654.24 Shrimp/stone crab separation zones. (b) The regulations in this part are 654.25 Prevention of gear conflicts. intended to be compatible with, and do 654.26 Adjustment of management meas- not supersede, similar regulations in ures. effect for the Everglades National Park 654.27 Specifically authorized activities. (36 CFR 7.45). Appendix A to Part 654—FIGURES (c) The regulations in this part are Figure 1—Stone Crab Claw intended to be compatible with similar Figure 2—Southwest Florida Seasonal Trawl regulations and statutes in effect in Closure Florida’s waters. Figure 3—Shrimp/Stone Crab Separation (d) Under Amendment 5 to the Fish- Zones ery Management Plan for the Stone AUTHORITY: 16 U.S.C. 1801 et seq. Crab Fishery of the Gulf of Mexico, SOURCE: 60 FR 13919, Mar. 15, 1995, unless there is a temporary moratorium on otherwise noted. the issuance by the Regional Director of Federal numbers and color codes to Subpart A—General Measures mark vessels and gear in the stone crab fishery in the management area. The § 654.1 Purpose and scope. moratorium will end not later than June 30, 1998. During the moratorium, (a) The purpose of this part is to im- fishermen must obtain numbers and plement the Fishery Management Plan color codes from Florida. (See for the Stone Crab Fishery of the Gulf § 654.6(a).) of Mexico, prepared by the Gulf of Mex- ico Fishery Management Council under § 654.4 Permits and fees. [Reserved] the Magnuson Act. (b) This part governs conservation § 654.5 Recordkeeping and reporting. and management of stone crab and re- [Reserved] stricts the trawl fishery in the manage- ment area. § 654.6 Vessel and gear identification. (c) ‘‘EEZ’’ refers to the EEZ in the (a) An owner or operator of a vessel management area, unless the context that is used to harvest stone crabs by clearly indicates otherwise. traps in the management area must comply with the vessel and gear identi- § 654.2 Definitions. fication requirements applicable to the In addition to the definitions in the harvesting of stone crabs by traps in Magnuson Act and in § 620.2 of this Florida’s waters in effect as of April 14, chapter, the terms used in this part 1995, in Rule 62N–8.001 and Rule 46– have the following meanings:
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13.002(2) (e) and (f), Florida Administra- (f) Hold a stone crab in or from the tive Code. This incorporation by ref- management area aboard a vessel other erence was approved by the Director of than as specified in § 654.21(c). the Office of the Federal Register in (g) Use or possess in the management accordance with 5 U.S.C. 552(a) and 1 area a stone crab trap that does not CFR part 51. Copies may be obtained have a biodegradable panel, as specified from the Florida Marine Fisheries in § 654.22(a). Commission, 2540 Executive Center Cir- (h) Pull or tend a stone crab trap in cle West, Suite 106, Tallahassee, FL the management area other than dur- 32301; telephone: 904–487–0554. Copies ing daylight hours, as specified in may be inspected at the office of the § 654.22(b). Regional Director; the Office of Fish- (i) Willfully tend, open, pull, or oth- eries Conservation and Management, erwise molest another fisherman’s NMFS, 1315 East-West Highway, Silver trap, buoy, or line in the management Spring, MD 20910; or the Office of the area, as specified in § 654.22(c). Federal Register, 800 North Capitol (j) Trawl in a closed area or during a Street, NW, Suite 700, Washington, DC. closed season, as specified in §§ 654.23 or (b) A stone crab trap or buoy in the 654.24, or as may be implemented under EEZ that is not in compliance with the § 654.25(b). gear identification requirements speci- (k) Place a stone crab trap in a closed fied in paragraph (a) of this section is area or during a closed season, as speci- illegal. Such trap or buoy, and any con- fied in § 654.24, or as may be imple- necting lines, will be considered un- mented under § 654.25(b). claimed or abandoned property and (l) Interfere with fishing or obstruct may be disposed of in any manner con- or damage fishing gear or the fishing sidered appropriate by the Assistant vessel of another, as specified in Administrator or an authorized officer. § 654.25(a). An owner of such trap or buoy remains (m) Make any false statement, oral subject to appropriate civil penalties. or written, to an authorized officer A stone crab trap will be presumed to concerning the taking, catching, har- be the property of the most recently vesting, landing, purchase, sale, posses- documented owner. sion, or transfer of stone crab. (n) Interfere with, obstruct, delay, or [60 FR 13919, Mar. 15, 1995; 60 FR 20196, Apr. prevent by any means an investigation, 28, 1995] search, seizure, or disposition of seized § 654.7 Prohibitions. property in connection with enforce- ment of the Magnuson Act. In addition to the general prohibi- tions specified in § 620.7 of this chapter, § 654.8 Facilitation of enforcement. it is unlawful for any person to do any See § 620.8 of this chapter. of the following: (a) Falsify or fail to display and § 654.9 Penalties. maintain vessel and gear identifica- tion, as required by § 654.6(a). See § 620.9 of this chapter. (b) Possess a stone crab in the man- agement area during the period speci- Subpart B—Management fied in § 654.20(a). Measures (c) Possess a stone crab trap in the management area during the period § 654.20 Seasons. specified in § 654.20(c). (a) Closed season. No person may pos- (d) Remove from a stone crab in or sess a stone crab in the management from the management area, or possess area from 12:01 a.m., local time, May in the management area, a claw that is 16, through 12 p.m. midnight, local less than the minimum size limit speci- time, October 14, each year. Holding a fied in § 654.21(a). stone crab in a trap in the water during (e) Fail to return immediately to the a soak period or during a removal pe- water unharmed an egg-bearing stone riod (see paragraph (b) of this section), crab, or strip eggs from or otherwise or during any extension thereto, is not molest an egg-bearing stone crab; as deemed possession, provided that, if specified in § 654.21(b). the trap is removed from the water
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during such period, such crab is re- ficer. An owner of such trap, float, or turned immediately to the water with rope remains subject to appropriate its claws unharvested. civil penalties. (b) Placement of traps. (1) Prior to the fishing season. The period of October 5 § 654.21 Harvest limitations. through October 14 is established as a (a) Claw size. No person may remove trap soak period. A stone crab trap from a stone crab in or from the man- may be placed in the management area agement area, or possess in the man- not earlier than 1 hour before sunrise agement area, a claw with a propodus on October 5. measuring less than 2.75 inches (7.0 (2) After the fishing season. The period cm), measured in a straight line from of May 16 through May 20 is established the elbow to the tip of the lower im- as a trap removal period. A stone crab movable finger. The propodus is the trap must be removed from the man- largest section of the claw assembly agement area not later than 1 hour that has both a movable and immov- after sunset on May 20, unless an ex- able finger and is located farthest from tension to the removal period is grant- the body when the entire appendage is ed under paragraph (b)(2)(i) of this sec- extended. (See Appendix A, Figure 1, of tion and the extension authorization is this part.) carried aboard the fishing vessel as (b) Egg-bearing stone crabs. An egg- specified in paragraph (b)(2)(ii) of this bearing stone crab in or from the man- section. agement area must be returned imme- (i) An extension of the removal pe- diately to the water unharmed—with- riod may be granted by Florida in ac- out removal of a claw. An egg-bearing cordance with Rule 46–13.002(2)(b), Flor- stone crab may not be stripped of its ida Administrative Code, in effect as of eggs or otherwise molested. April 14, 1995. This incorporation by (c) Holding stone crabs. A live stone reference was approved by the Director crab in or from the management area of the Office of the Federal Register in may be held aboard a vessel until such accordance with 5 U.S.C. 552(a) and 1 time as a legal-sized claw is removed, CFR part 51. Copies may be obtained provided it is held in a container that from the Florida Marine Fisheries is shaded from direct sunlight and it is Commission, 2540 Executive Center Cir- wet with sea water as necessary to cle West, Suite 106, Tallahassee, FL keep it in a damp condition. Containers 32301; telephone: 904–487–0554. Copies holding stone crabs must be stacked in may be inspected at the office of the a manner that does not compress the Regional Director, or the Office of the crabs. A stone crab body from which a Federal Register, 800 North Capitol legal-sized claw has been removed must Street, N.W., Suite 700, Washington, be returned to the sea before the vessel DC. reaches shore or a port or dock. (ii) The extension authorization must be carried aboard the fishing vessel. § 654.22 Gear restrictions. The operator of a fishing vessel must (a) Biodegradable panels. A stone crab present the authorization for inspec- trap used or possessed in the manage- tion upon request of an authorized offi- ment area must have a panel con- cer. structed of wood or cotton and located (c) Possession of stone crab traps. A on a side of the trap at least two slats stone crab trap may not be possessed in above the bottom, or on the top of the the management area from the end of trap, which, when removed, will leave the trap removal period, or an exten- an opening in the trap measuring at sion thereto, to the beginning of the least 2.5 inches by 5 inches (6.35 cm by trap soak period, as specified in para- 12.7 cm). graph (b) of this section. A stone crab (b) Daylight hours. A stone crab trap trap, float, or rope in the management in the management area may be pulled area during this period will be consid- or tended during daylight hours only— ered unclaimed or abandoned property that is, from 1 hour before sunrise to 1 and may be disposed of in any manner hour after sunset. considered appropriate by the Assist- (c) Gear belonging to others. No fisher- ant Administrator or an authorized of- man may willfully tend, open, pull, or
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otherwise molest another fisherman’s § 654.24 Shrimp/stone crab separation trap, buoy, or line in the management zones. area without the prior written consent Five zones are established in the of that fisherman. management area and Florida’s waters off Citrus and Hernando Counties for § 654.23 Southwest Florida seasonal trawl closure. the separation of shrimp trawling and stone crab trapping. The zones are as From January 1 to 1 hour after sun- shown in Appendix A, Figure 3, of this set (local time) May 20, each year, the part. Although Zone II is entirely with- area described in this section is closed in Florida’s waters, it is included in to trawling, including trawling for live this section and Appendix A, Figure 3, bait. The area is that part of the man- of this part for the convenience of fish- agement area shoreward of a line con- ermen. Restrictions that apply to Zone necting the following points (see Ap- II and those parts of the other zones pendix A, Figure 2, of this part): that are in Florida’s waters are con- tained in Rule 46–38.001, Florida Ad- North West Point Latitude Longitude ministrative Code. Geographical co- ordinates of the points referred to in B1 ...... 26°16′ 81°58.5′ C ...... 26°00′ 82°04′ this paragraph and shown in Appendix D ...... 25°09′ 81°47.6′ A, Figure 3, of this part are as follows E ...... 24°54.5′ 81°50.5′ (loran readings are unofficial and are M1 ...... 24°49.3′ 81°46.4′ included only for the convenience of 1 On the seaward limit of Florida's waters. fishermen):
Loran Chain 7980 Point North latitude West longitude WXYZ
A ...... 28°59′30″ 82°45′36″ 14416.5 31409.4 45259.1 62895.3 B ...... 28°59′30″ 83°00′10″ 14396.0 31386.3 45376.8 63000.0 C ...... 28°26′01″ 82°59′47″ 14301.5 31205.9 45103.2 63000.0 D ...... 28°26′01″ 82°56′54″ 14307.0 31212.2 45080.0 62981.3 E ...... 28°41′39″ 82°55′25″ 14353.7 31300.2 45193.9 62970.0 F ...... 28°41′39″ 82°56′09″ 14352.4 31298.6 45199.4 62975.0 G ...... 28°48′56″ 82°56′19″ 14372.6 31337.2 45260.0 62975.0 H ...... 28°53′51″ 82°51′19″ 14393.9 31371.8 45260.0 62938.7 I ...... 28°54′43″ 82°44′52″ (1)(1)(1)(1) J ...... 28°51′09″ 82°44′00″ (2)(2)(2)(2) K ...... 28°50′59″ 82°54′16″ 14381.6 31351.8 45260.0 62960.0 L ...... 28°41′39″ 82°53′56″ 14356.2 31303.0 45181.7 62960.0 M ...... 28°41′39″ 82°38′46″ (3)(3)(3)(3) N ...... 28°41′39″ 82°53′12″ 14357.4 31304.4 45176.0 62955.0 O ...... 28°30′51″ 82°55′11″ 14323.7 31242.4 45104.9 62970.0 P ...... 28°40′00″ 82°53′08″ 14352.9 31295.7 45161.8 62955.0 Q ...... 28°40′00″ 82°47′58″ 14361.3 31305.4 45120.0 62920.0 R ...... 28°35′14″ 82°47′47″ 14348.6 31280.6 45080.0 62920.0 S ...... 28°30′51″ 82°52'55'' 14327.7 31247.0 45086.6 62955.0 T ...... 28°27′46″ 82°55′09″ 14315.2 31225.8 45080.0 62970.0 U ...... 28°30′51″ 82°52′09″ 14329.1 31248.6 45080.0 62949.9 1 Crystal River Entrance Light 1A. 2 Long Pt. (southwest tip). 3 Shoreline.
(a) Zone I is enclosed by rhumb lines (c) Zone III is enclosed by rhumb connecting, in order, points A, B, C, D, lines connecting, in order, points P, Q, T, E, F, G, H, I, and J, plus the shore- R, U, S, and P. It is unlawful to trawl line between points A and J. It is un- in that part of Zone III that is in the lawful to trawl in that part of Zone I EEZ during the period October 5 that is in the EEZ during the period through May 20, each year. October 5 through May 20, each year. (d) Zone IV is enclosed by rhumb (b) Zone II is enclosed by rhumb lines lines connecting, in order, points E, N, connecting, in order, points J, I, H, K, S, O, and E. L, and M, plus the shoreline between (1) It is unlawful to place a stone points J and M. crab trap in that part of Zone IV that
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is in the EEZ during the periods Octo- ment Plan for the Stone Crab Fishery ber 5 through December 1, and April 2 of the Gulf of Mexico, the Regional Di- through May 20, each year. rector may modify or establish separa- (2) It is unlawful to trawl in that part tion zones for shrimp trawling and the of Zone IV that is in the EEZ during use of fixed gear as may be necessary the period December 2 through April 1, and appropriate to prevent gear con- each year. flicts. Necessary prohibitions or re- (e) Zone V is enclosed by rhumb lines strictions will be published in the FED- connecting, in order, points F, G, K, L, ERAL REGISTER. and F. (1) It is unlawful to place a stone § 654.26 Adjustment of management crab trap in that part of Zone V that is measures. in the EEZ during the periods October 5 through November 30, and March 16 In accordance with the procedures through May 20, each year. and limitations of the fishery manage- (2) It is unlawful to trawl in that part ment plan for the Stone Crab Fishery of Zone V that it is in the EEZ during of the Gulf of Mexico, the Regional Di- the period December 1 through March rector may establish or modify the fol- 15, each year. lowing management measures: Limita- (f) A stone crab trap, float, or rope in tions on the number of traps that may the management area during a period be fished by each vessel; construction not authorized by this section will be characteristics of traps; gear and vessel considered unclaimed or abandoned identification requirements; gear that property and may be disposed of in any may be used or prohibited in a directed manner considered appropriate by the fishery; bycatch levels in non-directed Assistant Administrator or an author- fisheries; seasons; soak/removal periods ized officer. An owner of such trap, and requirements for traps; use, posses- float, or rope remains subject to appro- sion and handling of stone crabs aboard priate civil penalties. A stone crab trap vessels; and minimum legal sizes. will be presumed to be the property of the most recently documented owner. § 654.27 Specifically authorized activi- ties. § 654.25 Prevention of gear conflicts. The Regional Director may author- (a) No person may knowingly place in ize, for the acquisition of information the management area any article, in- cluding fishing gear, that interferes and data, activities otherwise prohib- with fishing or obstructs or damages ited by the regulations in this part. fishing gear or the fishing vessel of an- APPENDIX A TO PART 654—FIGURES other; or knowingly use fishing gear in such a fashion that it obstructs or Figure 1—Stone Crab Claw damages the fishing gear or fishing ves- Figure 2—Southwest Florida Seasonal Trawl sel of another. Closure (b) In accordance with the procedures Figure 3—Shrimp/Stone Crab Separation and limitations of the Fishery Manage- Zones
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PART 660—FISHERIES OFF WEST 660.62 Prohibitions. 660.63 Notification. COAST STATES AND IN THE WEST- 660.64 Gear restrictions. ERN PACIFIC 660.65 At-sea observer coverage. 660.66 Protected species conservation. Subpart A—General 660.67 Framework for regulatory adjust- ments. Sec. 660.68 Fishing moratorium on Hancock Sea- 660.1 Purpose and scope. mount. 660.2 Relation to other laws. 660.69 Management Subareas. 660.3 Reporting and recordkeeping. Subpart F—Precious Corals Fisheries Subpart B—Western Pacific Fisheries— General 660.81 Permits. 660.82 Prohibitions. 660.11 Purpose and scope. 660.83 Seasons. 660.12 Definitions. 660.84 Quotas. 660.13 Permits and fees. 660.85 Closures. 660.14 Reporting and recordkeeping. 660.86 Size restrictions. 660.15 Prohibitions. 660.87 Area restrictions. 660.16 Vessel identification. 660.88 Gear restrictions. 660.17 Experimental fishing. Subpart G—West Coast Groundfish Subpart C—Western Pacific Pelagic Fisheries 660.301 Purpose and scope. 660.302 Definitions. 660.21 Permits. 660.303 Reporting and recordkeeping. 660.22 Prohibitions. 660.304 Management areas. 660.23 Notifications. 660.305 Vessel identification. 660.24 Gear identification. 660.306 Prohibitions. 660.25 Vessel monitoring system. 660.321 Specifications and management 660.26 Longline fishing prohibited area man- measures. agement. 660.322 Gear restrictions. 660.27 Exemptions for longline fishing pro- 660.323 Catch restrictions. hibited areas; procedures. 660.324 Pacific Coast treaty Indian fisheries. 660.28 Conditions for at-sea observer cov- 660.331 Limited entry and open access fish- erage. eries—general. 660.29 Port privileges and transiting for 660.332 Allocations. unpermitted U.S. longline vessels. 660.333 Limited entry fishery. 660.30 Prohibition of drift gillnetting. 660.334 Limited entry permits—‘‘A’’ en- 660.31 Framework adjustments to manage- dorsement. ment measures. 660.335 Limited entry permits—‘‘Provisional A’’ endorsement. Subpart D—Western Pacific Crustacean 660.336 Limited entry permits—sablefish en- Fisheries dorsement. 660.337 Limited entry permits—‘‘designated 660.41 Permits. species B’’ endorsement. 660.42 Prohibitions. 660.338 Limited entry permits—new per- 660.43 Notifications. mits. 660.44 Lobster size and condition restric- 660.339 Limited entry permit fees. tions—Permit Area 2. 660.340 Limited entry permit appeals. 660.45 Closed seasons. 660.341 Limited entry permit sanctions. 660.46 Closed areas. 660.47 Gear identification. Subpart H—West Coast Salmon Fisheries 660.48 Gear restrictions. 660.49 At-sea observer coverage. 660.401 Purpose and scope. 660.50 Harvest limitation program. 660.402 Definitions. 660.51 Monk seal protective measures. 660.403 Relation to other laws. 660.52 Monk seal emergency protective 660.404 Recordkeeping and reporting. measures. 660.405 Prohibitions. 660.53 Framework procedures. 660.406 Exempted fishing. 660.54 Five-year review. 660.407 Treaty Indian fishing. 660.408 Annual actions. Subpart E—Bottomfish And Seamount 660.409 Inseason actions. Groundfish Fisheries 660.410 Escapement and management goals. 660.411 Notification and publication proce- 660.61 Permits. dures.
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Subpart I—Northern Anchovy Fishery the laws of that state while operating in the fisheries regulated under this 660.501 Purpose and scope. 660.502 Definitions. part, and that is consistent with this 660.503 Relation to other laws. part and the FMPs implemented by 660.504 Recordkeeping and reporting. this part, shall continue in effect with 660.505 Vessel identification. respect to fishing activities regulated 660.506 Prohibitions. under this part. 660.507 Facilitation of enforcement. 660.508 Penalties. § 660.3 Reporting and recordkeeping. 660.509 Harvest quota. 660.510 Closures. Except for fisheries subject to sub- 660.511 Fishing seasons. parts D and F of this part, any person 660.512 Closed areas. who is required to do so by applicable 660.513 Gear limitations. Tables—Part 660 state law or regulation must make and/ Table 1 to Part 660—Quotas for Precious Cor- or file all reports of management unit als Permit Areas species landings containing all data Table 2 to Part 660—Vessel Capacity Ratings and in the exact manner required by for West Coast Groundfish Limited Entry applicable state law or regulation. Permits Figures—Part 660 Figure 1 to Part 660—Carapace Length of Subpart B—Western Pacific Lobsters Fisheries—General Figure 2 to Part 660—Length of a Longline Vessel § 660.11 Purpose and scope. Figure 3 to Part 660—Dressed, Head-off Length of Salmon (a) This subpart contains regulations
AUTHORITY: 16 U.S.C. 1801 et. seq. that are common to all Western Pacific fisheries managed under fishery man- SOURCE: 61 FR 34572, July 2, 1996, unless agement plans prepared by the Western otherwise noted. Pacific Fishery Management Council under the Magnuson Act. Subpart A—General (b) Regulations specific to individual § 660.1 Purpose and scope. fisheries are included in subparts C, D, E, and F of this part. (a) The regulations in this part gov- ern fishing for Western Pacific and § 660.12 Definitions. West Coast fishery management unit species by vessels of the United States In addition to the definitions in the that operate or are based inside the Magnuson Act and in § 600.10 of this outer boundary of the EEZ off Western chapter, the terms used in subparts B Pacific and West Coast States. through F of this part have the follow- (b) General regulations governing ing meanings: fishing by all vessels of the United Bottomfish FMP means the Fishery States and by fishing vessels other Management Plan for Bottomfish and than vessels of the United States are Seamount Groundfish of the Western contained in part 600 of this chapter. Pacific Region. Bottomfish management area means § 660.2 Relation to other laws. the areas designated in § 660.69. NMFS recognizes that any state law Bottomfish management unit species pertaining to vessels registered under 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); Pristipomoides. gadao (G). Yelloweye snapper ...... Palusina (S); yelloweye opakapaka ...... Pristipomoides flavipinnis. Snapper ...... Kalekale (H) ...... Pristipomoides sieboldii.
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Common name Local name Scientific name
Snapper ...... Gindai (H,G); palu-sega (S) ...... Pristipomoides zonatus. Jacks: Giant trevally ...... White ulua (H); tarakito (G); sapo-anae Caranx ignoblis. (S). Black jack ...... Black ulua (H); tarakito (G); tafauli (S) ... Caranx lugubris. Thick lipped trevally ...... Pig ulua (H); butaguchi (H) ...... Pseudocaranx dentex. Amberjack ...... Kahala (H) ...... Seriola dumerili. Groupers: Blacktip grouper ...... Fausi (S); gadau (G) ...... Epinephelus fasciatus. Sea bass ...... Hapu' 1upu'u (H) ...... Epinephelus quernus. Lunartail grouper ...... Papa (S) ...... Variola louti. Emperor fishes: Ambon emperor ...... Filoa-gutumumu (S) ...... Lethrinus amboinensis. Redgill emperor ...... Filoa-pa'lo'omumu (S); mafuti (G) ...... Lethrinus rubrioperculatus.
NOTES: GÐGuam; HÐHawaii; SÐAmerican Samoa.
Carapace length means a measure- 23°35′ N. lat., 164°40′ W. long.; French ment in a straight line from the ridge Frigate Shoals 23°45′ N. lat., 166°15′ W. between the two largest spines above long.; Gardner Pinnacles 25°00′ N. lat., the eyes, back to the rear edge of the 168°00′ W. long.; Maro Reef 25°25′ N. lat., carapace of a spiny lobster (see Figure 170°35′ W. long.; Laysan Island 25°45′ N. 1 of this part). lat., 171°45′ W. long.; Lisianski Island Commercial fishing, as used in subpart 26°00′ N. lat., 173°55′ W. long.; Pearl and D of this part, means fishing with the Hermes Reef 27°50′ N. lat., 175°50′ W. intent to sell all or part of the catch of long.; Midway Islands 28°14′ N. lat., lobsters. All lobster fishing in Crusta- 177°22′ W. long.; and Kure Island 28°25′ ceans Permit Area 1 is considered com- ° ′ mercial fishing. N. lat., 178 20 W. long. Where the areas Council means the Western Pacific between islands and reefs are not con- Fishery Management Council. tiguous, parallel lines drawn tangent Crustaceans FMP means the Fishery to and connecting those semi-circles of Management Plan for Crustacean Fish- the 50-nm areas that lie between Nihoa eries of the Western Pacific Region. Island and Necker Island, French Frig- Crustaceans management area means ate Shoals and Gardner Pinnacles, and the combined portions of the EEZ en- Maro Reef, and Lisianski Island and compassed by Crustaceans Permit Pearl and Hermes Reef, shall delimit Areas 1, 2, and 3. the remainder of the subarea within Crustaceans management unit species Crustaceans Permit Area 1. means spiny lobster (Panulirus Crustaceans receiving vessel means a marginatus or Panulirus penicillatus), vessel of the United States to which slipper lobster (family Scyllaridae), and lobster taken in Permit Area 1 are Kona crab (Ranina ranina). transferred from another vessel. Crustaceans Permit Area 1 (Permit Dead coral means any precious coral Area 1) means the EEZ off the North- western Hawaiian Islands. that contains holes from borers or is Crustaceans Permit Area 2 (Permit discolored or encrusted at the time of Area 2) means the EEZ off the main removal from the seabed. Hawaiian Islands. EFP means an experimental fishing Crustaceans Permit Area 3 (Permit permit. Area 3) means the EEZ of the Territory First level buyer means: of Guam and the EEZ of the Territory (1) The first person who purchases, of American Samoa. with the intention to resell, manage- Crustaceans Permit Area 1 VMS Sub- ment unit species, or portions thereof, area means an area within the EEZ off that were harvested by a vessel that the NWHI designated under § 660.48, holds a permit or is otherwise regu- measured from the center geographical lated under subpart D of this part; or positions of the islands and reefs in the (2) A person who provides record- ° ′ NWHI as follows: Nihoa Island 23 05 N. keeping, purchase, or sales assistance lat., 161°55′ W. long.; Necker Island
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in the first transaction involving man- Interested parties means the State of agement unit species (such as the serv- Hawaii Department of Land and Natu- ices provided by a wholesale auction ral Resources, the Council, holders of facility). permits issued under subpart D of this Fish dealer means any person who: part, and any person who has notified (1) Obtains, with the intention to re- the Regional Director of his or her in- sell, Pacific pelagic management unit terest in the procedures and decisions species, or portions thereof, that were described in §§ 660.51 and 660.52, and who harvested or received by a vessel that has specifically requested to be consid- holds a permit or is otherwise regu- ered an ‘‘interested party.’’ lated under subpart E of this part; or Land or landing means offloading fish (2) Provides recordkeeping, purchase, from a fishing vessel, arriving in port or sales assistance in obtaining or sell- to begin offloading fish, or causing fish ing such management unit species to be offloaded from a fishing vessel. (such as the services provided by a Length overall (LOA) or length of a wholesale auction facility). vessel, as used in § 660.21(i), means the Fisheries Management Division (FMD) horizontal distance, rounded to the means the Chief, Fisheries Manage- nearest foot (with 0.5 ft and above ment Division, Southwest Regional Of- rounded upward), between the foremost fice, NMFS, or a designee. See Table 1 part of the stem and the aftermost part to § 600.502 for the address of the Re- of the stern, excluding bowsprits, rud- gional Office. ders, outboard motor brackets, and Fishing gear, as used in subpart D of similar fittings or attachments (see this part, includes: Figure 2 of this part). ‘‘Stem’’ is the (1) Bottom trawl, which means a trawl foremost part of the vessel, consisting in which the otter boards or the of a section of timber or fiberglass, or footrope of the net are in contact with cast, forged, or rolled metal, to which the sea bed. the sides of the vessel are united at the fore end, with the lower end united to (2) Gillnet, (see § 600.10). the keel, and with the bowsprit, if one (3) Hook-and-line, which means one or is present, resting on the upper end. more hooks attached to one or more ‘‘Stern’’ is the aftermost part of the lines. vessel. (4) Set net, which means a stationary, Live coral means any precious coral buoyed, and anchored gill net. that is free of holes from borers, and (5) Trawl, (see § 600.10). has no discoloration or encrustation on Fishing trip means a period of time the skeleton at the time of removal during which fishing is conducted, be- from the seabed. ginning when the vessel leaves port and Lobster closed area means an area of ending when the vessel lands fish. the EEZ that is closed to fishing for Fishing year means the year begin- lobster. ning at 0001 local time on January 1 Longline fishing prohibited area means and ending at 2400 local time on De- the portions of the EEZ in which cember 31. longline fishing is prohibited as speci- Harvest guideline means a specified fied in § 660.26. numerical harvest objective. Longline fishing vessel means a vessel Hawaii longline limited access permit that has longline gear on board the means the permit required by § 660.21 to vessel. use a vessel to fish for Pacific pelagic Longline gear means a type of fishing management unit species with longline gear consisting of a main line that ex- gear in the EEZ around Hawaii or to ceeds 1 nm in length, is suspended hori- land or transship longline-caught Pa- zontally in the water column either an- cific pelagic management unit species chored, floating, or attached to a ves- shoreward of the outer boundary of the sel, and from which branch or dropper EEZ around Hawaii. lines with hooks are attached; except Incidental catch or incidental species that, within the protected species zone, means species caught while fishing for longline gear means a type of fishing the primary purpose of catching a dif- gear consisting of a main line of any ferent species. length that is suspended horizontally
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in the water column either anchored, Common name Scientific name floating, or attached to a vessel, and Swordfish ...... Xiphias gladius. from which branch or dropper lines Tuna and related species ...... Allothunnus spp., Auxis spp. with hooks are attached. Euthynnus spp., Longline general permit means the per- Gymnosarda spp. mit required by § 660.21 to use a vessel Katsuwonus spp., Scomber spp. to fish for Pacific pelagic management Thunnus spp. unit species in the fishery management Wahoo ...... Acanthocybium solandri. area, excluding the EEZ around Ha- waii, or to land or transship longline- Pelagics FMP means the Fishery Man- caught fish shoreward of the outer agement Plan for Pelagic Species Fish- boundary of the fishery management eries of the Western Pacific Region. area, excluding the waters shoreward Precious coral means any coral of the of the EEZ around Hawaii. genus Corallium in addition to the fol- Main Hawaiian Islands means the is- lowing species of corals: lands of the Hawaiian Islands Archipel- Common name Scientific name ago lying to the east of 161° W. long. Non-precious coral means any species Pink coral (also known as red Corallium secundum. of coral other than those listed under coral). Pink coral (also known as red Corallium regale. the definition for precious coral in this coral). section. Pink coral (also known as red Corallium laauense. Non-selective gear means any gear coral). Gold coral ...... Gerardia spp. used for harvesting corals that cannot Gold coral ...... Callogorgia gilberti. discriminate or differentiate between Gold coral ...... Narella spp. types, size, quality, or characteristics Gold coral ...... Calyptrophora spp. Bamboo coral ...... Lepidisis olapa. of living or dead corals. Bamboo coral ...... Acanella spp. Northwestern Hawaiian Islands (NWHI) Black coral ...... Antipathes dichotoma. means the islands of the Hawaiian Is- Black coral ...... Antipathes grandis. lands Archipelago lying to the west of Black coral ...... Antipathes ulex. ° 161 W. long. Precious coral permit area means the Offloading means removing manage- area encompassing the precious coral ment unit species from a vessel. beds in the management area. Each bed Owner, as used in subparts C and D of is designated by a permit area code and this part, means a person who is identi- assigned to one of the following four fied as the current owner of the vessel categories: as described in the Certificate of Docu- (1) Established beds. Makapuu (Oahu), mentation (Form CG–1270) issued by Permit Area E–B–1, includes the area the USCG for a documented vessel, or within a radius of 2.0 nm of a point at in a registration certificate issued by a 21°18.0′ N. lat., 157°32.5′ W. long. state or territory or the USCG for an (2) Conditional beds. (i) Keahole Point undocumented vessel. As used in sub- (Hawaii), Permit Area C–B–1, includes part E and F of this part, owner has the the area within a radius of 0.5 nm of a meaning in § 600.10 of this chapter. point at 19°46.0′ N. lat., 156°06.0′ W. long. Pacific Area Office means the Pacific (ii) Kaena Point (Oahu), Permit Area Area Office, Southwest Region, NMFS, C–B–2, includes the area within a ra- located in Honolulu, HI. The address dius of 0.5 nm of a point at 21°35.4′ N. and phone number may be obtained lat., 158°22.9′ W. long. from the Regional Director whose ad- (iii) Brooks Bank, Permit Area C–B– dress is in Table 1 to § 600.502. 3, includes the area within a radius of Pacific pelagic management unit species 2.0 nm of a point at 24°06.0′ N. lat., means the following fish: 166°48.0′ W. long. Common name Scientific name (iv) 180 Fathom Bank, Permit Area C–B–4, N.W. of Kure Atoll, includes the Mahimahi (dolphin fish) ...... Coryphaena spp. area within a radius of 2.0 nm of a Marlin and spearfish ...... Makaira spp. ° ′ ° ′ Tetrapturus spp. point at 28 50.2 N. lat., 178 53.4 W. long. Oceanic sharks ...... Family Alopiidae. (3) Refugia. Westpac Bed, Permit Family Carcharhinidae. Area R–1, includes the area within a ra- Family Lamnidae. ° ′ Family Sphyrnidae. dius of 2.0 nm of a point at 28 50.2 N. Sailfish ...... Istiophorus platypterus. lat., 162°35.0′ W. long.
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(4) Exploratory areas. (1) Permit Area 177°22′ W. long.; and Kure Island 28°25′ X–P–H includes all coral beds, other N. lat., 178°20′ W. long. Where the areas than established beds, conditional beds, are not contiguous, parallel lines or refugia, in the EEZ seaward of the drawn tangent to and connecting those State of Hawaii. semi-circles of the 50-nm areas that lie (ii) Permit Area X–P–AS includes all between Nihoa Island and Necker Is- coral beds, other than established beds, land, French Frigate Shoals and Gard- conditional beds, or refugia, in the EEZ ner Pinnacles, Gardner Pinnacles and seaward of American Samoa. Maro Reef, and Lisianski Island and (iii) Permit Area X–P–G includes all Pearl and Hermes Reef, shall delimit coral beds, other than established beds, the remainder of the protected species conditional beds, or refugia, in the EEZ zone. seaward of Guam. Qualifying landing means a landing (iv) Permit Area X–P–PI includes all that meets a standard required for per- coral beds, other than established beds, mit eligibility under § 660.61. conditional beds, or refugia, in the EEZ (1) Permit renewal. A qualifying land- seaward of the U.S. Pacific Island pos- ing for permit renewal under § 660.61(e) sessions. is a landing that contained 2,500 lb Protected species means an animal (1,134 kg) of bottomfish from the NWHI protected under the MMPA, listed or a landing of at least 2,500 lb (1,134 under the ESA, or subject to the Mi- kg) of fish from the NWHI, of which at gratory Bird Treaty Act, as amended. least 50 percent by weight was Protected species study zones means bottomfish. the waters within a specified distance, (2) New access eligibility points. A designated by the Regional Director qualifying landing for eligibility points pursuant to § 660.66, around the follow- under § 660.61(g) is any landing of ing islands of the NWHI and as meas- bottomfish from the NWHI, regardless ured from the following coordinates: of weight, if made on or before August Nihoa Island 23°05′ N. lat., 161°55′ W. 7, 1985; or a landing of at least 2,500 lb long.; Necker Island 23°35′ N. lat., (1,134 kg) of bottomfish lawfully har- 164°40′ W. long.; French Frigate Shoals vested from the NWHI, or a landing of 23°45′ N. lat., 166°15′ W. long.; Gardner at least 2,500 lb (1,134 kg) of fish law- Pinnacles 25°00′ N. lat., 168°00′ W. long.; fully harvested from the NWHI, of Maro Reef 25°25′ N. lat., 170°35′ W. long.; which at least 50 percent by weight was Laysan Island 25°45′ N. lat., 171°45′ W. bottomfish, if made after August 7, long.; Lisianski Island 26°00′ N. lat., 1985. 173°55′ W. long.; Pearl and Hermes Reef Receiving vessel permit means a permit 27°50′ N. lat., 175°50′ W. long.; Midway required by § 660.21(c) for a receiving Island 28°14′ N. lat., 177°22′ W. long.; and vessel to transship or land Pacific pe- Kure Island 28°25′ N. lat., 178°20′ W. lagic management unit species taken long. The protected species study zones by other vessels using longline gear. encompasses waters within 50 nm of Regional Director means the Director, the geographical coordinates listed Southwest Region, NMFS (see Table 1 above. of § 600.502 for address). Protected species zone means an area, Seamount groundfish means the fol- designated under § 660.26, measured lowing species: from the center geographical positions of certain islands and reefs in the Common name Scientific name NWHI, as follows: Nihoa Island 23°05′ N. Armorhead ...... Pentaceros richardsoni. lat., 161°55′ W. long.; Necker Island Alfonsin ...... Beryx splendens. 23°35′ N. lat., 164°40′ W. long.; French Raftfish ...... Hyperoglyphe japonica. Frigate Shoals 23°45′ N. lat., 166°15′ W. long; Gardner Pinnacles 25°00′ N. lat., Selective gear means any gear used for 168°00′ W. long.; Maro Reef 25°25′ N. lat., harvesting corals that can discriminate 170°35′ W. long.; Laysan Island 25°45′ N. or differentiate between type, size, lat., 171°45′ W. long; Lisianski Island quality, or characteristics of living or 26°00′ N. lat., 173°55′ W. long.; Pearl and dead corals. Hermes Reef 27°50′ N. lat., 175°50′ W. Special Agent-In-Charge (SAC) means long.; Midway Islands 28°14′ N. lat., the Special Agent-In-Charge, NMFS,
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Office of Enforcement, Southwest Re- the deficiency within 30 days following gion, or a designee of the Special the date of notification, the applica- Agent-In-Charge. tion will be considered abandoned. Transship means offloading or other- (d) Change in application information. wise transferring management unit A minimum of 10 days should be given species or products thereof to a receiv- for the Pacific Area Office to record ing vessel. any change in information from the Trap means a box-like device used for permit application submitted under catching and holding lobsters. paragraph (c) of this section. Failure to U.S. harvested corals means coral report such changes may result in in- caught, taken, or harvested by vessels validation of the permit. of the United States within any fishery (e) Issuance. After receiving a com- for which a fishery management plan plete application, the FMD will issue a has been implemented under the Mag- permit to an applicant who is eligible nuson Act. under § 660.21, § 660.41, § 660.61, or § 660.81, Vessel monitoring system unit (VMS as appropriate. unit) means the hardware and software owned by NMFS, installed on vessels (f) Fees. (1) No fee is required for a by NMFS, and required by subpart C of permit issued under subparts D, E, and this part to track and transmit the po- F of this part. sitions of longline vessels or the hard- (2) A fee is charged for each applica- ware and software used by vessels to tion for a Hawaii longline limited ac- track and transmit the positions of cess permit (including permit transfers vessels permitted under subpart D of and permit renewals). The amount of this part to fish in Crustaceans Permit the fee is calculated in accordance with Area 1. the procedures of the NOAA Finance Handbook, available from the Regional [61 FR 34572, July 2, 1996, as amended at 62 Director, for determining the adminis- FR 35449, July 1, 1997; 62 FR 47587, Sept. 10, trative costs of each special product or 1997; 62 FR 43294, Aug. 13, 1997] service. The fee may not exceed such § 660.13 Permits and fees. costs and is specified with each appli- cation form. The appropriate fee must (a) Applicability. The requirements for accompany each application. Failure permits for specific Western Pacific to pay the fee will preclude issuance of fisheries are set forth in subparts C a Hawaii longline limited access per- through F of this part. mit. (b) Validity. Each permit is valid for fishing only in the specific fishery (g) Expiration. Permits issued under management areas identified on the this subpart will remain valid for the permit. period specified on the permit unless (c) Application. (1) A Southwest Re- transferred, revoked, suspended, or gion Federal Fisheries application modified under 15 CFR part 904. form may be obtained from the Pacific (h) Replacement. Replacement permits Area Office to apply for a permit to op- may be issued, without charge, to re- erate in any of the fisheries regulated place lost or mutilated permits. An ap- under subparts C, D, E, and F of this plication for a replacement permit is part. In no case shall the Pacific Area not considered a new application. Office accept an application that is not (i) Transfer. An application for a per- on the Southwest Region Federal Fish- mit transfer as allowed under eries application form. A completed ap- § 660.21(h), § 660.41(e), or § 660.61(c) and plication is one that contains all the (d) must be submitted to the Pacific necessary information, attachments, Area Office as described in paragraph certifications, signatures, and fees re- (c) of this section. quired. (j) Alteration. Any permit that has (2) A minimum of 15 days should be been altered, erased, or mutilated is in- allowed for processing a permit appli- valid. cation. If an incomplete or improperly (k) Display. Any permit issued under completed application is filed, the ap- this subpart, or a facsimile of the per- plicant will be sent a notice of defi- mit, must be on board the vessel at all ciency. If the applicant fails to correct times while the vessel is fishing for,
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taking, retaining, possessing, or land- (d) Packing or weigh-out slips. The op- ing management unit species shore- erator of any fishing vessel subject to ward of the outer boundary of the fish- the requirements of § 660.41 must at- ery management area. Any permit is- tach packing or weighout slips pro- sued under this section must be dis- vided to the operator by the first-level played for inspection upon request of buyer(s), unless the packing or an authorized officer. weighout slips have not been provided (l) Sanctions. Procedures governing in time by the buyer(s). sanctions and denials are found at sub- (e) Modification of reporting and rec- part D of 15 CFR part 904. ordkeeping requirements. The Regional (m) Permit appeals. Procedures for ap- Director may, after consultation with peals of permit and administrative ac- the Council, initiate rulemaking to tions are specified in the relevant sub- modify the information to be provided parts of this part. on the fishing record forms, trans- shipment logbook, and sales report § 660.14 Reporting and recordkeeping. forms and timeliness by which the in- (a) Fishing record forms. The operator formation is to be provided, including of any fishing vessel subject to the re- the submission of packing or weighout quirements of §§ 660.21, 660.41, or 660.81 slips. must maintain on board the vessel an (f) Availability of records for inspection. accurate and complete record of catch, (1) Pacific pelagic management unit spe- effort, and other data on report forms cies. Upon request, any fish dealer must provided by the Regional Director. All immediately provide an authorized of- information specified on the forms ficer access for inspecting and copying must be recorded on the forms within all records of purchases, sales, or other 24 hours after the completion of each transactions involving Pacific pelagic fishing day. The original logbook form management unit species taken or han- for each day of the fishing trip must be dled by longline vessels that have per- submitted to the Regional Director mits issued under this subpart or that within 72 hours of each landing of man- are otherwise subject to subpart C of agement unit species. Each form must this part, including, but not limited to, be signed and dated by the fishing ves- information concerning: sel operator. (i) The name of the vessel involved in (b) Transshipment logbooks. Any per- each transaction and the owner or op- son subject to the requirements of erator of the vessel. § 660.21(c) must maintain on board the (ii) The weight, number, and size of vessel an accurate and complete NMFS each species of fish involved in each transshipment logbook containing re- transaction. port forms provided by the Regional (iii) Prices paid by the buyer and pro- Director. All information specified on ceeds to the seller in each transaction. the forms must be recorded on the (2) Crustaceans management unit spe- forms within 24 hours of the day of cies. Upon request, any first-level buyer transshipment. The original logbook must immediately allow an authorized form for each day of transshipment ac- officer and any employee of NMFS des- tivity must be submitted to the Re- ignated by the Regional Director, to gional Director within 72 hours of each access, inspect, and copy all records re- landing of management unit species. lating to the harvest, sale, or transfer Each form must be signed and dated by of crustacean management unit species the receiving vessel operator. taken by vessels that have permits is- (c) Sales report. The operator of any sued under this subpart or that are oth- fishing vessel subject to the require- erwise subject to subpart D of this ments of § 660.41 must submit to the part. This requirement may be met by Regional Director, within 72 hours of furnishing the information on a work- offloading of crustaceans management sheet provided by the Regional Direc- unit species, an accurate and complete tor. The information must include, but sales report on a form provided by the is not limited to: Regional Director. The form must be (i) The name of the vessel involved in signed and dated by the fishing vessel each transaction and the owner or op- operator. erator of the vessel.
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(ii) The amount, number, and size of (g) Violate a term or condition of an each management unit species involved EFP issued under § 660.17. in each transaction. (h) Fail to report any take of or (iii) Prices paid by the buyer and pro- interaction with protected species as ceeds to the seller in each transaction. required by § 660.17(k). (3) Bottomfish and seamount groundfish (i) Fish without an observer on board management unit species. Any person the vessel after the owner or agent of who is required by state laws and regu- the owner has been directed by NMFS lations to maintain records of landings to make accommodations available for and sales for vessels regulated by this an observer under §§ 660.17, 660.28, 660.49, subpart and subpart E of this part must or 660.65. make those records immediately avail- (j) Refuse to make accommodations able for Federal inspection and copying available for an observer when so di- upon request by an authorized officer. rected by the Regional Director under (g) State reporting. Any person who § 660.28, § 660.49, or § 660.65, or under any has a permit under §§ 660.21 or 660.61 provision in an EFP issued under and who is required by state laws and § 660.17. regulations to maintain and submit (k) Fail to notify officials as required records of landings and sales for vessels in §§ 660.23, 660.28, 660.43, and 660.63. regulated by subparts C and E of this part must maintain and submit those § 660.16 Vessel identification. records in the exact manner required (a) Each fishing vessel subject to this by state laws and regulations. subpart must display its official num- [61 FR 34572, July 2, 1996, as amended at 62 ber on the port and starboard sides of FR 27524, May 20, 1997] the deckhouse or hull, and on an appro- priate weather deck, so as to be visible § 660.15 Prohibitions. from enforcement vessels and aircraft. In addition to the prohibitions in (b) The official number must be af- § 600.725 of this chapter, it is unlawful fixed to each vessel subject to this sub- for any person to: part and subparts C, D, E, and F of this (a) Engage in fishing without a valid part, in block Arabic numerals at least permit or facsimile of a valid permit on 18 inches (45.7 cm) in height for fishing board the vessel and available for in- and receiving vessels of 65 ft (19.8 m) spection by an authorized officer, when LOA or longer, and at least 10 inches a permit is required under § 660.13 or (25.4 cm) in height for all other vessels, § 660.17, unless the vessel was at sea except vessels subject to Subpart F and when the permit was issued under 65 ft (19.8 m) LOA or longer must be § 660.13, in which case the permit must marked in block Arabic numerals at be on board the vessel before its next least 14 inches (35.6 cm) in height. trip. Marking must be legible and of a color (b) File false information on any ap- that contrasts with the background. plication for a fishing permit under (c) The vessel operator must ensure § 660.13 or an EFP under § 660.17. that the official number is clearly leg- (c) Fail to file reports in the exact ible and in good repair. manner required by any state law or (d) The vessel operator must ensure regulation, as required in § 660.14. that no part of the vessel, its rigging, (d) Falsify or fail to make, keep, or its fishing gear obstructs the view of maintain, or submit any logbook or the official number from an enforce- logbook form or other record or report ment vessel or aircraft. required under §§ 660.14 and 660.17. (e) Refuse to make available to an § 660.17 Experimental fishing. authorized officer or a designee of the (a) General. The Regional Director Regional Director for inspection or may authorize, for limited purposes, copying, any records that must be the direct or incidental harvest of man- made available in accordance with agement unit species that would other- § 660.14. wise be prohibited by this subpart and (f) Fail to affix or maintain vessel or subparts C, D, E, and F of this part. No gear markings, as required by §§ 660.16, experimental fishing may be conducted 660.24, and 660.47. unless authorized by an EFP issued by
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the Regional Director in accordance (e) Issuance. (1) If an application con- with the criteria and procedures speci- tains all of the required information, fied in this section. EFPs will be issued NMFS will publish a notice of receipt without charge. of the application in the FEDERAL REG- (b) Observers. No experimental fishing ISTER with a brief description of the for crustacean management unit spe- proposal and will give interested per- cies may be conducted unless an NMFS sons an opportunity to comment. The scientific observer is aboard the vessel. Regional Director will also forward (c) Application. An applicant for an copies of the application to the Coun- EFP must submit to the Regional Di- cil, the USCG, and the fishery manage- rector at least 60 days before the de- ment agency of the affected state, ac- sired date of the EFP a written appli- companied by the following informa- cation including, but not limited to, tion: the following information: (i) The current utilization of domes- (1) The date of the application. tic annual harvesting and processing (2) The applicant’s name, mailing ad- capacity (including existing experi- dress, and telephone number. mental harvesting, if any) of the di- (3) A statement of the purposes and rected and incidental species for which goals of the experiment for which an an EFP is being requested. EFP is needed, including a general de- (ii) A citation of the regulation or scription of the arrangements for dis- regulations that, without the EFP, position of all species harvested under would prohibit the proposed activity. the EFP. (iii) Biological information relevant (4) A statement of whether the pro- to the proposal. posed experimental fishing has broader (2) At a Council meeting following re- significance than the applicant’s indi- ceipt of a complete application, the Re- vidual goals. gional Director will consult with the (5) For each vessel to be covered by Council and the Director of the af- the EFP: fected state fishery management agen- (i) Vessel name. cy concerning the permit application. The applicant will be notified in ad- (ii) Name, address, and telephone vance of the meeting at which the ap- number of owner and operator. plication will be considered, and in- (iii) USCG documentation, state li- vited to appear in support of the appli- cense, or registration number. cation, if the applicant desires. (iv) Home port. (3) Within 5 working days after the (v) Length of vessel. consultation in paragraph (e)(2) of this (vi) Net tonnage. section, or as soon as practicable there- (vii) Gross tonnage. after, NMFS will notify the applicant (6) A description of the species (di- in writing of the decision to grant or rected and incidental) to be harvested deny the EFP and, if denied, the rea- under the EFP and the amount of such sons for the denial. Grounds for denial harvest necessary to conduct the ex- of an EFP include, but are not limited periment. to, the following: (7) For each vessel covered by the (i) The applicant has failed to dis- EFP, the approximate times and places close material information required, or fishing will take place, and the type, has made false statements as to any size, and amount of gear to be used. material fact, in connection with his or (8) The signature of the applicant. her application. (d) Incomplete applications. The Re- (ii) According to the best scientific gional Director may request from an information available, the harvest to applicant additional information nec- be conducted under the permit would essary to make the determinations re- detrimentally affect any species of fish quired under this section. An applicant in a significant way. will be notified of an incomplete appli- (iii) Issuance of the EFP would in- cation within 10 working days of re- equitably allocate fishing privileges ceipt of the application. An incomplete among domestic fishermen or would application will not be considered until have economic allocation as its sole corrected in writing. purpose.
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(iv) Activities to be conducted under presented for inspection upon request the EFP would be inconsistent with of any authorized officer. the intent of this section or the man- (j) Sanctions. Failure of the holder of agement objectives of the FMP. an EFP to comply with the terms and (v) The applicant has failed to dem- conditions of an EFP, the provisions of onstrate a valid justification for the subparts A through F of this part, any permit. other applicable provision of this part, (vi) The activity proposed under the the Magnuson Act, or any other regula- EFP would create a significant en- tion promulgated thereunder, is forcement problem. grounds for revocation, suspension, or (4) The decision to grant or deny an modification of the EFP with respect EFP is final and unappealable. If the to all persons and vessels conducting permit is granted, NMFS will publish a activities under the EFP. Any action notice in the FEDERAL REGISTER de- taken to revoke, suspend, or modify an scribing the experimental fishing to be EFP will be governed by 15 CFR part conducted under the EFP. The Re- 904 subpart D. Other sanctions avail- gional Director may attach terms and able under the statute will be applica- conditions to the EFP consistent with ble. the purpose of the experiment includ- (k) Protected species. Persons fishing ing, but not limited to: under an EFP must report any inciden- (i) The maximum amount of each tal take or fisheries interaction with species that can be harvested and land- protected species on a form provided ed during the term of the EFP, includ- for that purpose. Reports must be sub- ing trip limits, where appropriate. mitted to the Regional Director within (ii) The number, sizes, names, and 3 days of arriving in port. identification numbers of the vessels authorized to conduct fishing activities Subpart C—Western Pacific under the EFP. (iii) The times and places where ex- Pelagic Fisheries perimental fishing may be conducted. § 660.21 Permits. (iv) The type, size, and amount of gear which may be used by each vessel (a) A fishing vessel of the United operated under the EFP. States must be registered for use under (v) The condition that observers be a Hawaii longline limited access per- carried aboard vessels operating under mit or a longline general permit if that an EFP. vessel is used: (vi) Data reporting requirements. (1) To fish for Pacific pelagic man- (vii) Such other conditions as may be agement unit species using longline necessary to assure compliance with gear in the EEZ around American the purposes of the EFP consistent Samoa, Guam, the Northern Mariana with the objectives of the FMP. Islands, or other U.S. island posses- (f) Duration. Unless otherwise speci- sions in the Pacific Ocean; or fied in the EFP or a superseding notice (2) To land or transship, shoreward of or regulation, an EFP is effective for the outer boundary of the EEZ around no longer than 1 year, unless revoked, American Samoa, Guam, the Northern suspended, or modified. EFPs may be Mariana Islands, or other U.S. island renewed following the application pro- possessions in the Pacific Ocean, Pa- cedures in this section. cific pelagic management unit species (g) Alteration. Any EFP that has been that were harvested with longline gear. altered, erased, or mutilated is invalid. (b) A fishing vessel of the United (h) Transfer. EFPs issued under sub- States must be registered for use under parts B through F of this part are not a Hawaii longline limited access per- transferable or assignable. An EFP is mit if that vessel is used: valid only for the vessel(s) for which it (1) To fish for Pacific pelagic man- is issued. agement unit species using longline (i) Inspection. Any EFP issued under gear in the EEZ around Hawaii; or subparts B through F of this part must (2) To land or transship, shoreward of be carried aboard the vessel(s) for the outer boundary of the EEZ around which it was issued. The EFP must be Hawaii, Pacific pelagic management
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unit species that were harvested with quested permit under this section. To longline gear. be considered by the Regional Director, (c) A receiving vessel must be reg- the appeal will be in writing, will state istered for use with a receiving vessel the action(s) appealed, and the reasons permit if that vessel is used to land or therefor, and will be submitted within transship, shoreward of the outer 30 days of the action(s) by the FMD. boundary of the fishery management The appellant may request an informal area, Pacific pelagic management unit hearing on the appeal. species that were harvested with (1) Upon receipt of an appeal author- longline gear. ized by this section, the Regional Di- (d) Any required permit must be on rector may request additional informa- board the vessel and available for in- tion. Upon receipt of sufficient infor- spection by an authorized agent, except that if the permit was issued while the mation, the Regional Director will de- vessel was at sea, this requirement ap- cide the appeal in accordance with the plies only to any subsequent trip. criteria set out in this part and in the (e) A permit is valid only for the ves- Fishery Management Plans prepared sel for which it is registered. A permit by the Council, as appropriate, based not registered for use with a particular upon information relative to the appli- vessel may not be used. cation on file at NMFS and the Council (f) An application for a permit re- and any additional information avail- quired under this section will be sub- able; the summary record kept of any mitted to the Pacific Area Office as de- hearing and the hearing officer’s rec- scribed in§ 660.13. ommended decision, if any, as provided (g) General requirements governing in paragraph (k)(3) of this section; and application information, issuance, fees, such other considerations as deemed expiration, replacement, transfer, al- appropriate. The Regional Director will teration, display, and sanctions for per- notify the appellant of the decision and mits issued under this section, as appli- the reasons therefor, in writing, nor- cable, are contained in § 660.13. mally within 30 days of the receipt of (h) A limited access permit may be sufficient information, unless addi- transferred as follows: tional time is needed for a hearing. (1) The owner of a Hawaii longline (2) If a hearing is requested, or if the limited access permit may apply to Regional Director determines that one transfer the permit: is appropriate, the Regional Director (i) To a different person for registra- tion for use with the same or another may grant an informal hearing before a vessel; or hearing officer designated for that pur- (ii) For registration for use with an- pose. Such a hearing normally shall be other U.S. vessel under the same own- held no later than 30 days following re- ership. ceipt of the appeal, unless the hearing (2) An application for a permit trans- officer extends the time. The appellant fer will be submitted to the Pacific and, at the discretion of the hearing of- Area Office as described in § 660.13(c). ficer, other interested persons, may ap- (i) A Hawaii longline limited access pear personally or be represented by permit will not be registered for use counsel at the hearing and submit in- with a vessel that has a LOA greater formation and present arguments as than 101 ft (30.8 m). determined appropriate by the hearing (j) Only a person eligible to own a officer. Within 30 days of the last day documented vessel under the terms of of the hearing, the hearing officer shall 46 U.S.C. 12102(a) may be issued or may recommend, in writing, a decision to hold (by ownership or otherwise) a Ha- the Regional Director. waii longline limited access permit. (3) The Regional Director may adopt (k) Except as provided in subpart D the hearing officer’s recommended de- of 15 CFR part 904, any applicant for a cision, in whole or in part, or may re- permit or any permit owner may ap- ject or modify it. In any event, the Re- peal to the Regional Director the gional Director will notify the appel- granting, denial, conditioning, suspen- sion, or transfer of a permit or re- lant, and interested persons, if any, of
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the decision, and the reason(s) there- within the protected species zone in for, in writing, within 30 days of re- the NWHI. ceipt of the hearing officer’s rec- (h) Fail to notify the NMFS South- ommended decision. The Regional Di- west Enforcement Office of intent to rector’s action shall constitute final enter or depart the protected species Agency action for the purposes of the zone, as required under § 660.23(b). APA. (i) Fish with longline gear within a (4) Any time limit prescribed in this longline fishing prohibited area, except section may be extended for a period as allowed pursuant to an exemption not to exceed 30 days by the Regional issued under § 660.17 or § 660.17. Director for good cause, either upon (j) Fail to comply with notification his/her own motion or upon written re- requirements set forth in § 660.23 or in quest from the appellant stating the any EFP issued under § 660.17. reason(s) therefor. (k) Fail to comply with a term or condition governing the observer pro- § 660.22 Prohibitions. gram established in § 660.28. In addition to the general prohibi- (l) Fail to comply with other terms tions specified in § 600.725 of this chap- and conditions that the Regional Di- ter, it is unlawful for any person to do rector imposes by written notice to ei- any of the following: ther the permit holder or the des- ignated agent of the permit holder to (a) Fish for Pacific pelagic manage- facilitate the details of observer place- ment unit species using gear prohibited ment. under § 660.30 or not permitted by an (m) Fish in the fishery after failing EFP issued under § 660.17. to comply with the notification re- (b) Falsify or fail to make and/or file quirements in § 660.23. all reports of Pacific pelagic manage- (n) Use a U.S. vessel that has ment unit species landings, containing longline gear on board and that does all data and in the exact manner, as re- not have a valid Hawaii longline lim- quired by applicable state law or regu- ited access permit registered for use lation, as specified in § 660.3, provided with that vessel or a valid longline that the person is required to do so by general permit registered for use with applicable state law or regulation. that vessel to land or transship Pacific (c) Use a longline vessel without a pelagic management unit species valid longline general permit or a Ha- shoreward of the outer boundary of the waii longline limited access permit EEZ around American Samoa, Guam, registered for use with that vessel, to the Northern Mariana Islands, or U.S. fish for Pacific pelagic management possessions in the Pacific Ocean area. unit species in the EEZ around Amer- (o) Use a U.S. vessel that has longline ican Samoa, Guam, the Northern Mari- gear on board and that does not have a ana Islands, or U.S. possessions in the valid Hawaii longline limited access Pacific Ocean area. permit registered for use with that ves- (d) Use a longline fishing vessel with- sel to land or transship Pacific pelagic out a valid Hawaii longline limited ac- management unit species shoreward of cess permit registered for use with that the outer boundary of the EEZ around vessel to fish for Pacific pelagic man- Hawaii. agement unit species in the EEZ (p) Enter the EEZ around Hawaii around Hawaii. with longline gear that is not stowed (e) Use a receiving vessel without a or secured in accordance with § 660.29, if valid receiving vessel permit registered operating a U.S. vessel without a valid for use with that vessel to land or Hawaii longline limited access permit transship, shoreward of the outer registered for use with that vessel. boundary of the fishery management (q) Enter the EEZ around American area, Pacific pelagic management unit Samoa, Guam, the Northern Mariana species harvested with longline gear. Islands, or U.S. possessions in the Pa- (f) Transfer a permit in violation of cific Ocean area with longline gear § 660.21(h). that is not stowed or secured in accord- (g) Fish for Pacific pelagic manage- ance with § 660.29, if operating a U.S. ment unit species with longline gear vessel without a valid Hawaii longline
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limited access permit registered for use telephone number of the agent des- with that vessel or a longline general ignated by the permit holder to be permit registered for use with that ves- available between 8:00 a.m. to 5 p.m. sel. (Hawaii time) on weekdays for NMFS (r) Fail to carry a VMS unit as re- to contact to arrange observer place- quired under § 660.25. ment. (s) Interfere with, tamper with, alter, (b) The operator of any vessel subject damage, disable, or impede the oper- to the requirements of this subpart ation of a VMS unit or to attempt any who does not have on board a VMS unit of the same; or to move or remove a while transiting the protected species VMS unit without the prior permission zone as defined in § 660.12, must notify of the SAC. the NMFS Southwest Enforcement Of- (t) Make a false statement, oral or fice (see part 600 for address of Re- written, to an authorized officer, re- gional Director) immediately upon en- garding the use, operation, or mainte- tering and immediately upon departing nance of a VMS unit. the protected species zone. The notifi- (u) Fish for, catch, or harvest Pacific cation must include the name of the pelagic management unit species with vessel, name of the operator, date and longline gear without a VMS unit on time (GMT) of access or exit from the board the vessel after installation of protected species zone, and location by the VMS unit by NMFS. latitude and longitude to the nearest (v) Possess on board a vessel without minute. a VMS unit Pacific pelagic manage- ment unit species harvested with § 660.24 Gear identification. longline gear after NMFS has installed the VMS unit on the vessel. (a) Identification. The operator of (w) Interfere with, impede, delay, or each permitted vessel in the fishery prevent the installation, maintenance, management area must ensure that the repair, inspection, or removal of a VMS official number of the vessel be affixed unit. to every longline buoy and float, in- (x) Interfere with, impede, delay, or cluding each buoy and float that is at- prevent access to a VMS unit by a tached to a radar reflector, radio an- NMFS observer. tenna, or flag marker, whether at- (y) Connect or leave connected addi- tached to a deployed longline or pos- tional equipment to a VMS unit with- sessed on board the vessel. Markings out the prior approval of the SAC. must be legible and permanent, and must be of a color that contrasts with § 660.23 Notifications. the background material. (a) The permit holder for a fishing (b) Enforcement action. Longline gear vessel subject to the requirements of not marked in compliance with para- this subpart, or an agent designated by graph (a) of this section and found de- the permit holder, shall provide a no- ployed in the EEZ will be considered tice to the Regional Director at least unclaimed or abandoned property, and 72 hours (not including weekends and may be disposed of in any manner con- Federal holidays) before the vessel sidered appropriate by NMFS or an au- leaves port on a fishing trip, any part thorized officer. of which occurs in the EEZ around Ha- § 660.25 Vessel monitoring system. waii. The vessel operator will be pre- sumed to be an agent designated by the (a) VMS unit. Only a VMS unit owned permit holder unless the Regional Di- by NMFS and installed by NMFS com- rector is otherwise notified by the per- plies with the requirement of this sub- mit holder. The notice must be pro- part. vided to the office or telephone number (b) Notification. After a Hawaii designated by the Regional Director. longline limited access permit holder The notice must provide the official has been notified by the SAC of a spe- number of the vessel, the name of the cific date for installation of a VMS vessel, the intended departure date, unit in the permit holder’s vessel, the time, and location, the name of the op- vessel must carry the VMS unit after erator of the vessel, and the name and the date scheduled for installation.
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(c) Fees and charges. During the ex- Point N. lat. DW. long. perimental VMS program, a Hawaii A ...... 18°05′ 155°40′ longline limited access permit holder B ...... 18°20′ 156°25′ shall not be assessed any fee or other C ...... 20°00′ 157°30′ charges to obtain and use a VMS unit, D ...... 20°40′ 161°40′ E ...... 21°40′ 161°55′ including the communication charges F ...... 23°00′ 161°30′ related directly to requirements under G ...... 23°05′ 159°30′ H ...... 22°55′ 157°30′ this section. Communication charges I ...... 21°30′ 155°30′ related to any additional equipment at- J ...... 19°50′ 153°50′ tached to the VMS unit by the owner K ...... 19°00′ 154°05′ ° ′ ° ′ or operator shall be the responsibility A ...... 18 05 155 40 of the owner or operator and not (2) From October 1 through the fol- NMFS. lowing January 31 each year, the (d) Permit holder duties. The holder of longline fishing prohibited area around a Hawaii longline limited access per- the main Hawaiian Islands is the por- mit and the master of the vessel oper- tion of the EEZ seaward of Hawaii ating under the permit must: bounded by straight lines connecting (1) Provide opportunity for the SAC the following coordinates in the order to install and make operational a VMS listed: unit after notification. Point N. lat. W. long. (2) Carry the VMS unit on board whenever the vessel is at sea. A ...... 18°05′ 155°40′ L ...... 18°25′ 155°40′ (3) Not remove or relocate the VMS M ...... 19°00′ 154°45′ unit without prior approval from the N ...... 19°15′ 154°25′ SAC. O ...... 19°40′ 154°20′ P ...... 20°20′ 154°55′ (e) Authorization by the SAC. The SAC Q ...... 20°35′ 155°30′ has authority over the installation and R ...... 21°00′ 155°35′ operation of the VMS unit. The SAC S ...... 22°30′ 157°35′ T ...... 22°40′ 159°35′ may authorize the connection or order U ...... 22°25′ 160°20′ the disconnection of additional equip- V ...... 21°55′ 160°55′ W ...... 21°40′ 161°00′ ment, including a computer, to any E ...... 21°40′ 161°55′ VMS unit when deemed appropriate by D ...... 20°40′ 161°40′ the SAC. C ...... 20°00′ 157°30′ B ...... 18°20′ 156°25′ A ...... 18°05′ 155°40′ § 660.26 Longline fishing prohibited area management. (d) Guam. The longline fishing pro- (a) Prohibited areas. Longline fishing hibited area around Guam is the waters shall be prohibited in the longline fish- seaward of Guam bounded by straight ing prohibited areas as defined in para- lines connecting the following coordi- graphs (b), (c), and (d) of this section. nates in the order listed: (b) Longline protected species zone. The Point N. lat. E. long. protected species zone is 50 nm from the center geographical positions of A ...... 14°25′ 144°00′ B ...... 14°00′ 143°38′ Nihoa Island, Necker Island, French C ...... 13°41′ 144°33′30′′ Frigate Shoals, Gardner Pinnacles, D ...... 13°00′ 143°25′30′′ Maro Reef, Laysan Island, Lisianski Is- E ...... 12°20′ 143°37′ F ...... 11°40′ 144°09′ land, Pearl and Hermes Reef, Midway G ...... 12°00′ 145°00′ Islands, and Kure Island, as defined in H ...... 13°00′ 145°42′ § 660.12. I ...... 13°27′ 145°51′ (c) Main Hawaiian Islands. (1) From February 1 through September 30 each § 660.27 Exemptions for longline fish- year, the longline fishing prohibited ing prohibited areas; procedures. area around the main Hawaiian Islands (a) An exemption permitting a person is the portion of the EEZ seaward of to use longline gear to fish in a por- Hawaii bounded by straight lines con- tion(s) of the Hawaii longline fishing necting the following coordinates in prohibited area will be issued to a per- the order listed: son who can document that he or she:
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(1) Currently owns a Hawaii longline (f) The Council will consider informa- limited access permit issued under this tion provided by persons with Hawaii part and registered for use with his or longline limited access permits issued her vessel. under this part who believe they have (2) Before 1970, was the owner or op- experienced extreme financial hardship erator of a vessel when that vessel resulting from the Hawaii longline area landed Pacific pelagic management closure, and will consider recommenda- unit species taken on longline gear in tions of the Pelagic Advisory Review an area that is now within the Hawaii Board to assess whether exemptions longline fishing prohibited area. under this section should continue to (3) Was the owner or operator of a be allowed, and, if appropriate, revise vessel that landed Pacific pelagic man- the qualifying criteria in paragraph (a) agement unit species taken on longline of this section to permit additional ex- gear in an area that is now within the emptions. Hawaii longline fishing prohibited (1) If additional exemptions are need- area, in at least 5 calendar years after ed, the Council will advise the Re- 1969, which need not be consecutive. gional Director in writing of its rec- (4) In any one of the 5 calendar years, ommendation, including criteria by was the owner or operator of a vessel which financial hardships will be miti- that harvested at least 80 percent of its gated, while retaining the effectiveness total landings, by weight, of longline- of the longline fishing prohibited area. caught Pacific pelagic management (2) Following a review of the Coun- unit species in an area that is now in cil’s recommendation and supporting the Hawaii longline fishing prohibited rationale, the Regional Director may: area. (i) Reject the Council’s recommenda- (b) Each exemption shall specify the tion, in which case written reasons will portion(s) of the Hawaii longline fish- be provided by the Regional Director to ing prohibited area, bounded by longi- the Council for the rejection; or tudinal and latitudinal lines drawn to (ii) Concur with the Council’s rec- include each statistical area, as ap- ommendation and, after finding that it pearing on Hawaii State Commercial is consistent with the goals and objec- Fisheries Charts, in which the exemp- tives of the Pelagics FMP, the national tion holder made the harvest docu- standards, and other applicable law, mented for the exemption application initiate rulemaking to implement the under paragraph (a)(4) of this section. Council’s recommendations. (c) Each exemption is valid only within the portion(s) of the Hawaii § 660.28 Conditions for at-sea observer longline fishing prohibited area speci- coverage. fied on the exemption. (a) NMFS shall advise the permit (d) A person seeking an exemption holder or the designated agent of any under this section must submit an ap- observer requirement at least 24 hours plication and supporting documenta- (not including weekends and Federal tion to the Pacific Area Office at least holidays) before any trip for which 15 days before the desired effective date NMFS received timely notice in com- of the exemption. pliance with these regulations. (e) If the Regional Director deter- (b) The ‘‘Notice Prior to Fishing mines that a gear conflict has occurred Trip’’ requirements in this subpart and is likely to occur again in the Ha- commit the permit holder to the rep- waii longline fishing prohibited area resentations in the notice. The notice between a vessel used by a person hold- can be modified by the permit holder or ing an exemption under this section designated agent because of changed and a non-longline vessel, the Regional circumstance, if the Regional Director Director may prohibit all longline fish- is promptly provided a modification to ing in the Hawaii longline fishing pro- the notice that complies with the no- hibited area around the island where tice requirements. The notice will also the conflict occurred, or in portions be considered modified if the Regional thereof, upon notice to each holder of Director and the permit holder or des- an exemption who would be affected by ignated agent agree to placement such a prohibition. changes.
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(c) When NMFS notifies the permit normally provided to other vessel per- holder or designated agent of the obli- sonnel. A mattress or futon on the gation to carry an observer in response floor or a cot is not acceptable if a reg- to a notification under this subpart, or ular bunk is provided to any crew as a condition of an EFP issued under member, unless other arrangements § 660.17, the vessel may not engage in are approved in advance by the Re- the fishery without taking the ob- gional Director. server. (i) Reimbursement requirements are (d) A NMFS observer shall arrive at as follows: the observer’s assigned vessel 30 min- (1) Upon observer verification of ves- utes before the time designated for de- sel accommodations and the number of parture in the notice or the notice as assigned days on board, NMFS will re- modified, and will wait 1 hour for de- imburse vessel owners a reasonable parture. amount for observer subsistence as de- (e) A permit holder must accommo- termined by the Regional Director. date a NMFS observer assigned under (2) If requested and properly docu- these regulations. The Regional Direc- mented, NMFS will reimburse the ves- tor’s office, and not the observer, will sel owner for the following: address any concerns raised over ac- (i) Communications charges incurred commodations. by the observer. (f) The permit holder, vessel opera- (ii) Lost fishing time arising from a tor, and crew must cooperate with the seriously injured or seriously ill ob- observer in the performance of the ob- server, provided that notification of server’s duties, including: the nature of the emergency is trans- (1) Allowing for the embarking and mitted to the Fisheries Observer debarking of the observer. Branch, Southwest Region, NMFS (see (2) Allowing the observer access to address for Southwest Regional Direc- all areas of the vessel necessary to con- tor) at the earliest practical time. duct observer duties. NMFS will reimburse the owner only (3) Allowing the observer access to for those days during which the vessel communications equipment and navi- is unable to fish as a direct result of gation equipment as necessary to per- helping the NMFS employee who is se- form observer duties. riously injured or seriously ill. Lost (4) Allowing the observer access to fishing time is based on time travelling VMS units to verify operation, obtain to and from the fishing grounds and data, and use the communication capa- any documented out-of-pocket ex- bilities of the units for official pur- penses for medical services. Payment poses. will be based on the current target fish (5) Providing accurate vessel loca- market prices and that vessel’s average tions by latitude and longitude or target fish catch retained per day at loran coordinates, upon request by the sea for the previous 2 years, but shall observer. not exceed $5,000 per day or $20,000 per (6) Providing sea turtle, marine claim. Detailed billing with receipts mammal, or sea bird specimens as re- and supporting records are required for quested. allowable communication and lost fish- (7) Notifying the observer in a timely ing time claims. The claim must be fashion when commercial fishing oper- completed in ink, showing the claim- ations are to begin and end. ant’s printed name, address, vessel (g) The permit holder, operator, and name, observer name, trip dates, days crew must comply with other terms observer on board, an explanation of and conditions to ensure the effective the charges, and claimant’s dated sig- deployment and use of observers that nature with a statement verifying the the Regional Director imposes by writ- claim to be true and correct. Requested ten notice. reimbursement claims must be submit- (h) The permit holder must ensure ted to the Fisheries Observer Branch, that assigned observers are provided Southwest Region, NMFS. NMFS will living quarters comparable to crew not process reimbursement invoices members and are provided the same and documentation submitted more meals, snacks, and amenities as are than 120 days after the occurrence.
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(j) If a vessel normally has cabins for among other things, recommendations crew members, female observers on a for Council action and an assessment of vessel with an all-male crew must be the urgency and effects of such ac- accommodated either in a single per- tion(s). son cabin or, if NMFS concludes that (c) Procedure for established measures. adequate privacy can be ensured by in- (1) Established measures are manage- stalling a curtain or other temporary ment measures that, at some time, divider, in a two-person shared cabin. If have been included in regulations im- the vessel normally does not have cab- plementing the FMP, and for which the ins for crew members, alternative ac- impacts have been evaluated in Coun- commodations must be approved by NMFS. If a cabin assigned to a female cil/NMFS documents in the context of observer does not have its own toilet current conditions. and shower facilities that can be pro- (2) Following the framework proce- vided for the exclusive use of the ob- dures of Amendment 7 to the Pelagics server, or if no cabin is assigned, then FMP, the Council may recommend to arrangements for sharing common fa- the Regional Director that established cilities must be established and ap- measures be modified, removed, or re- proved in advance by NMFS. instituted. Such recommendation shall include supporting rationale and analy- § 660.29 Port privileges and transiting sis, and shall be made after advance for unpermitted U.S. longline ves- public notice, public discussion, and sels. consideration of public comment. A U.S. longline fishing vessel that NMFS may implement the Council’s does not have a permit under subpart B recommendation by rulemaking if ap- of this part may enter waters of the proved by the Regional Director. fishery management area with Pacific (d) Procedure for new measures. (1) pelagic management unit species on New measures are management meas- board, but may not land or transship any management unit species on board ures that have not been included in the vessel. The vessel’s longline gear regulations implementing the FMP, or must be stowed or secured so it is ren- for which the impacts have not been dered unusable during the time the ves- evaluated in Council/NMFS documents sel is in those waters. in the context of current conditions. (2) Following the framework proce- § 660.30 Prohibition of drift gillnetting. dures of Amendment 7 to the Pelagics Fishing with drift gillnets in the fish- FMP, the Council will publicize, in- ery management area is prohibited, ex- cluding by FEDERAL REGISTER notice, cept where authorized by an EFP is- and solicit public comment on, any sued under § 660.17. proposed new management measure. After a Council meeting at which the § 660.31 Framework adjustments to measure is discussed, the Council will management measures. consider recommendations and prepare (a) Introduction. Adjustments in man- a FEDERAL REGISTER notice summariz- agement measures may be made ing the Council’s deliberations, ration- through rulemaking if new information ale, and analysis for the preferred ac- demonstrates that there are biological, tion, and the time and place for any social, or economic concerns in the subsequent Council meeting(s) to con- fishery. The following framework proc- sider the new measure. At subsequent ess authorizes the implementation of public meeting(s), the Council will con- measures that may affect the operation sider public comments and other infor- of the fisheries, gear, harvest guide- lines, or changes in catch and/or effort. mation received to make a rec- (b) Annual report. By June 30 of each ommendation to the Regional Director year, the Council-appointed Pelagics about any new measure. NMFS may Plan Team will prepare an annual re- implement the Council’s recommenda- port on the fisheries in the manage- tion by rulemaking if approved by the ment area. The report shall contain, Regional Director.
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Subpart D—Western Pacific cific Area Office must be notified of the Crustacean Fisheries change in writing and provided copies of the appropriate documents confirm- § 660.41 Permits. ing the changes within 30 days. (a) Applicability. (1) The owner of any (3) Upon the transfer or sale of a lim- vessel used to fish for lobster in Permit ited access permit, a new application Area 1 must have a limited access per- must be submitted by the new permit mit issued for such vessel. Only one owner according to the requirements of permit will be assigned to any vessel. § 660.13. The transferred permit is not (2) The owner of any vessel used to valid until this process is completed. fish for lobster in Permit Area 2 or Per- (f) Replacement of a vessel covered by a mit Area 3, must have a permit issued limited access permit. A limited access for such a vessel. permit issued under this section may, (3) No vessel owner will have permits without limitation as to frequency, be for a single vessel to harvest lobsters transferred by the permit holder to a in Permit Areas 1 and 2 at the same replacement vessel owned by that per- time. son. (4) A limited access permit is valid (g) Issuance of limited access permits to for fishing only in Permit Area 1. future applicants. (b) General requirements. General re- (1) The Regional Director may issue quirements governing application in- limited access permits under this sec- formation, issuance, fees, expiration, tion when fewer than 15 vessel owners replacement, transfer, alteration, dis- hold active permits. play, sanctions, and appeals for per- (2) When the Regional Director has mits issued under this section, as appli- determined that limited access permits cable, are contained in § 660.13. (c) Application. An application for a may be issued to new persons, a notice permit required under this section will shall be placed in the FEDERAL REG- be submitted to the Pacific Area Office ISTER, and other means will be used to as described in § 660.13. If the applica- notify prospective applicants of the op- tion for a limited access permit is sub- portunity to obtain permits under the mitted on behalf of a partnership or limited access management program. corporation, the application must be (3) A period of 90 days will be pro- accompanied by a supplementary infor- vided after publication of the FEDERAL mation sheet obtained from the Pacific REGISTER notice for submission of new Area Office and contain the names and applications for a limited access per- mailing addresses of all partners or mit. shareholders and their respective per- (4) Limited access permits issued centage of ownership in the partner- under this paragraph (g) will be issued ship or corporation. first to applicants qualifying under (d) Number of permits. A maximum of paragraph (g)(4)(i) of this section. If the 15 limited access permits can be valid number of limited access permits avail- at any time. able is greater than the number of ap- (e) Transfer or sale of limited access plicants that qualify under paragraph permits. (1) Permits may be transferred (g)(4)(i) of this section, then limited ac- or sold, but no one individual, partner- cess permits will be issued to appli- ship, or corporation will be allowed to cants under paragraph (g)(4)(ii) of this hold a whole or partial interest in more section. than one permit, except that an owner (i) First priority to receive limited who qualifies initially for more than access permits under this paragraph (g) one permit may maintain those per- goes to owners of vessels that were mits, but may not obtain additional used to land lobster from Permit Area permits. Layering of partnerships or 1 during the period 1983 through 1990, corporations shall not insulate a per- and who were excluded from the fishery mit holder from this requirement. by implementation of the limited ac- (2) If 50 percent or more of the owner- cess system. If there are insufficient ship of a limited access permit is permits for all such applicants, the new passed to persons other than those list- permits shall be issued by the Regional ed on the permit application, the Pa- Director through a lottery.
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(ii) Second priority to receive limited opens again in the following calendar access permits under paragraph (g) year. goes to owners with the most points, (2) Fail to report before landing or based upon a point system. If two or offloading as specified in § 660.43. more owners have the same number of (3) Fail to comply with any protec- points and there are insufficient per- tive measures implemented under mits for all such owners, the Regional § 660.51 or § 660.52. Director shall issue the permits (4) Leave a trap unattended in the through a lottery. Under the point sys- Management Area except as provided tem, limited access permits will be is- in § 660.48. sued, in descending order, beginning (5) Maintain on board the vessel or in with owners who have the most points the water more than 1,200 traps per and proceeding to owners who have the fishing vessel, of which no more than least points, based on the following: 1,100 can be assembled traps, as speci- (A) Three points shall be assigned for fied in § 660.48. each calendar year after August 8, 1985, (6) Land lobsters taken in Permit that the applicant was the operator of Area 1 after the closure date, as speci- a vessel that was used to land lobster fied in § 660.50, until the fishery opens from Permit Area 1. again the following year. (B) Two points shall be assigned for (7) Refuse to make available to an each calendar year or partial year after authorized officer and employee of August 8, 1985, that the applicant was NMFS designated by the Regional Di- the owner, operator, or crew member of rector for inspection and copying any a vessel engaged in either commercial records that must be made available in fishing in Permit Area 2 for lobster, or accordance with § 660.14(f)(2). fishing in Permit Area 1 for fish other (8) Possess on a fishing vessel that than lobster with an intention to sell has a limited access permit issued all or part of the catch. under this subpart any lobster trap in (C) One point shall be assigned for Crustaceans Permit Area 1 when fish- each calendar year or partial year after ing for lobster is prohibited as specified August 8, 1985, that the applicant was in §§ 660.45(a), 660.50, 660.51, or 660.52, ex- the owner, operator, or crew member of cept as allowed under § 660.48(a)(7). a vessel engaged in any other commer- (9) Possess on a fishing vessel that cial fishing in the EEZ surrounding Ha- has a limited access permit issued waii. under this subpart any lobster trap in (5) A holder of a new limited access the Crustaceans Permit Area 1 VMS permit must own at least a 50-percent Subarea when fishing for lobsters is share in the vessel that the permit prohibited as specified in §§ 660.45(a), would cover. 660.50, 660.51, or 660.52. (10) Interfere with, tamper with, § 660.42 Prohibitions. alter, damage, disable, or impede the In addition to the general prohibi- operation of a VMS unit or to attempt tions specified in § 600.725 of this chap- any of the same while engaged in the ter and § 660.16, it is unlawful for any Permit Area 1 fishery; or to move or person to do any of the following: remove a VMS unit while engaged in (a) In Permit Area 1, it is unlawful the Permit Area 1 fishery without first for any person to— notifying the Regional Administrator. (1) Fish for, take, or retain lobsters— (11) Make a false statement, oral or (i) Without a limited access permit written, to the Regional Administrator issued under § 660.41; or an authorized officer, regarding the (ii) By methods other than lobster certification, use, operation, or main- traps or by hand for lobsters, as speci- tenance of a VMS unit used in the fish- fied in § 660.48; ery. (iii) From closed areas for lobsters, (12) Fail to allow an authorized offi- as specified in § 660.46; cer to inspect and certify a VMS unit (iv) During a closed season, as speci- used in the fishery. fied in § 660.45; or (b) In Permit Area 2, it is unlawful (v) After the closure date, as speci- for any person to— fied in § 660.50, and until the fishery (1) Fish for, take, or retain lobsters—
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(i) By methods other than lobster ternally. Eggs may not be removed traps or by hand, as specified in § 660.48; from female lobsters. or (ii) During a closed season, as speci- § 660.45 Closed seasons. fied in § 660.45(b). (a) Lobster fishing is prohibited in (2) Retain or possess on a fishing ves- Permit Area 1 during the months of sel any lobster taken in Permit Area 2 January through June, inclusive. that is less than the minimum size (b) Lobster fishing is prohibited in specified in § 660.44. Permit Area 2 during the months of (3) Possess on a fishing vessel any June, July, and August. lobster or lobster part taken in Permit Area 2 in a condition where the lobster § 660.46 Closed areas. is not whole and undamaged as speci- All lobster fishing is prohibited: fied in § 660.44. (a) Within 20 nm of Laysan Island. (4) Retain or possess on a fishing ves- (b) Within the EEZ landward of the sel, or remove the eggs from, any egg- 10-fathom curve as depicted on Na- bearing lobster, as specified in § 660.44. tional Ocean Survey Charts, Numbers (5) Possess on a fishing vessel that 19022, 19019, and 19016. has a permit for Crustaceans Permit Area 2 issued under this subpart any § 660.47 Gear identification. lobster trap in Permit Area 2 when In Permit Area 1, the vessel’s official fishing for lobster in the main Hawai- number must be marked legibly on all ian Islands is prohibited during the traps and floats maintained on board months of June, July, and August. the vessel or in the water by that ves- [61 FR 34572, July 2, 1996, as amended at 62 sel. FR 35449, July 1, 1997] § 660.48 Gear restrictions. § 660.43 Notifications. (a) Permit Area 1. (1) Lobsters may be (a) The operator of any vessel subject taken only with lobster traps or by to the requirements of this subpart hand. Lobsters may not be taken by must: means of poisons, drugs, other chemi- (1) Report, not less than 24 hours, but cals, spears, nets, hook, or explosives. not more than 36 hours, before landing, (2) The smallest opening of an entry the port, the approximate date and the way of any lobster trap may not allow approximate time at which spiny and any sphere or cylinder greater than 6.5 slipper lobsters will be landed. inches (16.5 cm) in diameter to pass (2) Report, not less than 6 hours and from outside the trap to inside the not more than 12 hours before offload- trap. ing, the location and time that offload- (3) Each lobster trap must have a ing of spiny and slipper lobsters will minimum of two escape vent panels begin. that meet the following requirements: (b) The Regional Director will notify (i) Panels must have at least four un- permit holders of any change in the re- obstructed circular holes no smaller porting method and schedule required than 67 mm in diameter, with centers in paragraphs (a)(1) and (2) of this sec- at least 82 mm apart. tion at least 30 days prior to the open- (ii) The lowest part of any opening in ing of the fishing season. an escape vent panel must not be more than 85 mm above the floor of the trap. § 660.44 Lobster size and condition re- (iii) Panels must be placed opposite strictions—Permit Area 2. one another in each trap. (a) Only spiny lobsters with a cara- (4) A vessel fishing for or in posses- pace length of 8.26 cm or greater may sion of lobster in any permit area may be retained (see Figure 3 of this sub- not have on board the vessel any trap part). that does not meet the requirements of (b) Any lobster with a punctured or paragraphs (a)(1), (2), and (3) of this mutilated body, or a separated cara- section. pace and tail, may not be retained. (5) A maximum of 1,200 traps per ves- (c) A female lobster of any size may sel may be maintained on board or in not be retained if it is carrying eggs ex- the water, provided that no more than
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1,100 assembled traps are maintained (b) Harvest guideline. (1) The Regional on board or in the water. If more than Director shall use information from 1,100 traps are maintained, the unas- daily lobster catch reports and lobster sembled traps may be carried as spares sales reports from previous years, and only, in order to replace assembled may use information from research traps that may be lost or become unus- sampling and other sources, to estab- able. lish the annual harvest guideline in ac- (6) Traps shall not be left unattended cordance with the FMP. in any permit area, except in the event (2) NMFS shall publish a document of an emergency, in which case the ves- indicating the annual harvest guideline sel operator must notify the NMFS in the FEDERAL REGISTER by March 31 Law Enforcement Office of the emer- each year, and shall use other means to gency that necessitated leaving the notify permit holders of the harvest traps on the grounds, and the location guideline for the year. and number of the traps, within 24 (3) The Regional Director shall deter- hours after the vessel reaches port. mine, on the basis of the information (7) A vessel whose owner has a lim- reported to NMFS during the open sea- ited access permit issued under this son by the operator of each vessel fish- subpart and has an operating VMS unit ing, when the harvest guideline will be that has been certified by the National reached. Notice of this determination, Marine Fisheries Service may enter with a specification of the closure date Crustaceans Permit Area 1 with lobster after which fishing for lobster or fur- traps on board during the closed sea- ther landings of lobster taken in Per- son, but must remain outside the Crus- mit Area 1 will be prohibited, will be taceans Permit Area 1 VMS Subarea as provided to each permit holder and op- defined in § 660.12. erator of each permitted vessel or an- (8) The operator of a permitted vessel nounced in the FEDERAL REGISTER. At must notify the Regional Adminis- least 5 days advance notice of the effec- trator or an authorized officer no later tive date of the prohibition on landings than June 15 of each year if the vessel will be given. will use a VMS unit in the fishery and (4) Each permit holder and operator allow for inspection and certification of each permitted vessel will be pro- of the unit. vided the following information, which (b) Permit Area 2. Lobsters may be will also be published in the FEDERAL taken only with lobster traps or by REGISTER: hand. Lobsters may not be taken by (i) Determination of when the har- means of poisons, drugs, other chemi- vest guideline will be reached; cals, spears, nets, hooks, or explosives. (ii) Closure date after which the pos- [61 FR 34572, July 2, 1996, as amended at 62 session of lobster traps in Crustaceans FR 35450, July 1, 1997] Permit Area 1 VMS Subarea is prohib- EFFECTIVE DATE NOTE: At 62 FR 35450, July ited by permitted vessels carrying VMS 1, 1997, § 660.48 was amended by adding para- units; graph (a)(8), effective Jan. 1, 1998. (iii) Closure date after which the pos- session of lobster traps in Crustaceans § 660.49 At-sea observer coverage. Permit Area 1 is prohibited by per- All fishing vessels subject to this mitted vessels without VMS units; and subpart and subpart B of this part must (iv) Specification when further land- carry an observer when requested to do ings of lobster taken by permitted ves- so by the Regional Director. sels without VMS units will be prohib- ited. § 660.50 Harvest limitation program. (c) Monitoring and adjustment. The op- (a) General. A harvest guideline for erator of each vessel fishing during the Permit Area 1 will be set annually for open season shall report lobster catch the calendar year and shall: (by species) and effort (number of trap (1) Apply to the total catch of spiny hauls) data while at sea to NMFS in and slipper lobsters. Honolulu. The Regional Director shall (2) Be expressed in terms of numbers notify permit holders of the reporting of lobsters. method, schedule, and logistics at least
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30 days prior to the opening of the fish- interested parties. If there is substan- ing season. tial evidence that the death of the [61 FR 34572, July 2, 1996, as amended at 62 monk seal was related to the lobster FR 35450, July 1, 1997] fishery, the Regional Director will: (1) Advise the interested parties of § 660.51 Monk seal protective meas- his or her conclusion and the facts ures. upon which it is based. (a) General. This section establishes a (2) Request from the interested par- procedure that will be followed if the ties their advice on the necessity of Regional Director receives a report of a protective measures and suggestions monk seal death that appears to be re- for appropriate protective measures. lated to the lobster fishery in Permit (e) Determination of response. The Re- Area 1. gional Director will consider all rel- (b) Notification. Upon receipt of a re- evant information discovered during port of a monk seal death that appears the investigation or submitted by in- to be related to the lobster fishery, the terested parties in deciding on the ap- Regional Director will notify all inter- propriate response. Protective meas- ested parties of the facts known about ures may include, but are not limited the incident. The Regional Director to, changes in trap design, changes in will also notify them that an investiga- gear, closures of specific areas, or clo- tion is in progress, and that, if the in- sures for specific periods of time. vestigation reveals a threat of harm to (f) Action by the Regional Director. If the monk seal population, protective the Regional Director decides that pro- measures may be implemented. tective measures are necessary and ap- (c) Investigation. (1) The Regional Di- propriate, the Regional Director will rector will investigate the incident re- prepare a document that describes the ported and will attempt to: incident, the protective measures pro- (i) Verify that the incident occurred. posed, and the reasons for the protec- (ii) Determine the extent of the harm tive measures; provide it to the inter- to the monk seal population. ested parties; and request their com- (iii) Determine the probability of a ments. similar incident recurring. (iv) Determine details of the incident (g) Implementation of protective meas- such as: ures. (1) If, after completing the steps (A) The number of animals involved. described in paragraph (f) of this sec- (B) The cause of the mortality. tion, the Regional Director concludes (C) The age and sex of the dead ani- that protective measures are necessary mal(s). and appropriate, the Regional Director (D) The relationship of the incident will recommend the protective meas- to the reproductive cycle, for example, ures to the Assistant Administrator breeding season (March-September), and provide notice of this recommenda- non-breeding season (October- Feb- tion to the Chairman of the Council ruary). and the Director of the Division of (E) The population estimates or Aquatic Resources, Department of counts of animals at the island where Land and Natural Resources, State of the incident occurred. Hawaii. (F) Any other relevant information. (2) If the Assistant Administrator (v) Discover and evaluate any extenu- concurs with the Regional Director’s ating circumstances. recommendation, NMFS will publish (vi) Evaluate any other relevant fac- an action in the FEDERAL REGISTER tors. that includes a description of the inci- (2) The Regional Director will make dent that triggered the procedure de- the results of the investigation avail- scribed in this section, the protective able to the interested parties and re- measures, and the reasons for the pro- quest their advice and comments. tective measures. (d) Determination of relationship. The (h) Notification of ‘‘no action.’’ If, at Regional Director will review and any point in the process described in evaluate the results of the investiga- this section, the Regional Director or tion and any comments received from Assistant Administrator decides that
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no further action is required, the inter- ing monk seal mortality related to the ested parties will be notified of this de- lobster fishery and that measures are cision. needed immediately to protect the (i) Effective dates. (1) The protective monk seal population, the Regional Di- measures will take effect 10 days after rector will— the date of publication in the FEDERAL (1) Notify the interested parties of REGISTER. this determination and request their (2) The protective measures will re- immediate advice and comments. main in effect for the shortest of the (2) Forward a recommendation for following time periods: emergency action and any advice and (i) Until the Crustaceans FMP and comments received from interested this section are amended to respond to parties to the Assistant Administrator. the problem; (b) Implementation of emergency meas- (ii) Until other action that will re- ures. If the Assistant Administrator spond to the problem is taken under agrees with the recommendation for the ESA; emergency action— (iii) Until the Assistant Adminis- (1) The Regional Director will deter- trator, following the procedures set mine the appropriate emergency pro- forth in paragraph (j) of this section, tective measures. decides that the protective measures (2) NMFS will publish the emergency are no longer required and repeals the protective measures in the FEDERAL measures; or REGISTER. (iv) For the period of time set forth (3) The Regional Director will notify in the FEDERAL REGISTER notification, the interested parties of the emergency not to exceed 3 months. The measures protective measures. Holders of per- may be renewed for 3 months after mits to fish in Permit Area I will be again following procedures in para- notified by certified mail. Permit hold- graphs (b) through (g) of this section. ers that the Regional Director knows (j) Repeal. (1) If the Assistant Admin- are on the fishing grounds also will be istrator decides that protective meas- notified by radio. ures may no longer be necessary for (c) Effective dates. (1) Emergency pro- the protection of monk seals, the inter- tective measures are effective against ested parties will be notified of this a permit holder at 12:01 a.m., local preliminary decision and the facts time, of the day following the day the upon which it is based. The Assistant permit holder receives actual notice of Administrator will request advice on the measures. the proposed repeal of the protective (2) Emergency protective measures measures. are effective for 10 days from the day (2) The Assistant Administrator will following the day the first permit hold- consider all relevant information ob- er is notified of the protective meas- tained by the Regional Director or sub- ures. mitted by interested parties in decid- (3) Emergency protective measures ing whether to repeal the protective may be extended for an additional 10 measures. days, if necessary, to allow the comple- (3) If the Assistant Administrator de- tion of the procedures set out in cides to repeal the protective meas- § 660.51. ures— (i) Interested parties will be notified § 660.53 Framework procedures. of the decision; and (a) Introduction. New management (ii) Notification of repeal and the measures may be added through rule- reasons for the repeal will be published making if new information dem- in the FEDERAL REGISTER. onstrates that there are biological, so- cial, or economic concerns in Permit § 660.52 Monk seal emergency protec- Areas 1, 2, or 3. The following frame- tive measures. work process authorizes the implemen- (a) Determination of emergency. If, at tation of measures that may affect the any time during the process described operation of the fisheries, gear, harvest in § 660.51, the Regional Director deter- guidelines, or changes in catch and/or mines that an emergency exists involv- effort.
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(b) Annual report. By June 30 of each rulemaking if approved by the Re- year, the Council-appointed Crusta- gional Director. ceans Plan Team will prepare an an- nual report on the fisheries in the man- § 660.54 Five-year review. agement area. The report shall con- The Council, in cooperation with tain, among other things, recommenda- NMFS, will conduct a review of the ef- tions for Council action and an assess- fectiveness and impacts of the NWHI ment of the urgency and effects of such management program, including bio- action(s). logical, economic, and social aspects of (c) Procedure for established measures. the fishery, by July 1, 2001. (1) Established measures are manage- ment measures that, at some time, Subpart E—Bottomfish and have been included in regulations im- Seamount Groundfish Fisheries plementing the FMP, and for which the impacts have been evaluated in Coun- § 660.61 Permits. cil/NMFS documents in the context of (a) The owner of any vessel used to current conditions. fish for bottomfish in the Mau Zone (2) Following the framework proce- must have a permit issued under this dures of Amendment 9 to the FMP, the section for that vessel. Permits for per- Council may recommend to the Re- sons not previously permitted to fish in gional Director that established meas- the Mau Zone will not be issued for a 2- ures be modified, removed, or re-insti- year period beginning March 27, 1997. tuted. Such recommendation shall in- (b) Application. (1) An application for clude supporting rationale and analy- a permit required under this section sis, and shall be made after advance will be submitted to the Pacific Area public notice, public discussion, and Office as described in § 660.13. consideration of public comment. (2) Before the Regional Director is- NMFS may implement the Council’s sues a Mau Zone or Ho’omalu zone per- recommendation by rulemaking if ap- mit to fish for bottomfish under this proved by the Regional Director. section, the primary operator and re- lief operator named on the application (d) Procedure for New Measures. (1) form must have completed a protected New measures are management meas- species workshop conducted by NMFS. ures that have not been included in (3) Each applicant for a Ho’omalu regulations implementing the FMP, or zone permit will submit a supple- for which the impacts have not been mentary information sheet to be pro- evaluated in Council/NMFS documents vided by the Pacific Area Office. Each in the context of current conditions. application for a Ho’omalu zone permit (2) Following the framework proce- will be signed by the vessel owner or a dures of Amendment 9 to the FMP, the designee and include the following in- Council will publicize, including by a formation: FEDERAL REGISTER document, and so- (i) The qualification criterion that licit public comment on, any proposed the applicant believes he or she meets new management measure. After a for issuance of a limited access permit; Council meeting at which the measure and is discussed, the Council will consider (ii) Copies of landings receipts or recommendations and prepare a FED- other documentation, with a certifi- ERAL REGISTER document summarizing cation from a state or Federal agency the Council’s deliberations, rationale, that this information is accurate, to and analysis for the preferred action, demonstrate participation in the NWHI and the time and place for any subse- bottomfish fishery; or quent Council meeting(s) to consider (iii) If the application is filed by a the new measure. At subsequent public partnership or corporation, the appli- meeting(s), the Council will consider cation must identify the names of the public comments and other informa- owners and their respective percentage tion received to make a recommenda- of ownership of the partnership or cor- tion to the Regional Director about poration. any new measure. NMFS may imple- (c) Sale or transfer of Ho’omalu Zone ment the Council’s recommendation by permits to new vessel owners. (1) A
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Ho’omalu zone permit shall not be sold to make three landings was due to cir- or otherwise transferred to a new cumstances beyond the owner’s con- owner. trol, the Regional Director may renew (2) A Ho’omalu zone permit or per- the permit. A waiver may not be grant- mits may be held by a partnership or ed if the failure to make three landings corporation. If 50 percent or more of was due to general economic conditions the ownership of the vessel passes to or market conditions, such that the persons other than those listed in the vessel operations would not be profit- original application, the permit will able. lapse and must be surrendered to the (f) Supplementary requirements for new Regional Director. limited access permits. The Regional Di- (d) Transfer of permits to replacement rector may issue new vessel permits vessels. (1) An owner of a permitted ves- sel may, without limitation, transfer under this part when the Regional Di- his or her permit to another vessel rector has determined, in consultation owned by him or her, provided that the with the Council, that bottomfish replacement vessel does not exceed 60 stocks in the Ho’omalu Zone are able ft (18.3 m) in length and that the re- to support additional fishing effort. placement vessel is put into service This shall be established by determin- within 12 months after the owner de- ing that the total estimated annual clares to the Regional Director the in- revenue to the fleet exceeds the total tent to make the transfer of the per- estimated annual fixed and variable mit. costs to the fleet in the Ho’omalu Zone (2) An owner of a permitted vessel by an amount at least equal to the av- may apply to the Regional Director for erage cost of a vessel year. This deter- approval to use the permit for a re- mination shall be made and published placement vessel greater than 60 ft annually in association with the an- (18.3 m) in length. The Regional Direc- nual report required under § 660.67. tor may allow this change upon deter- (g) Eligibility for new limited access per- mining, after consultation with the mits. When the Regional Director has Council and considering the objectives determined that new permits may be of the limited access program, that the issued, they shall be issued to appli- replacement vessel has equal catching cants based upon eligibility, deter- power as the original vessel, or that mined as follows: the replacement vessel has catching power that is comparable to the rest of (1) Point system. (i) Two points shall the vessels holding permits for the fish- be assigned for each year in which the ery, and that the change is not incon- applicant was owner or captain of a sistent with the objectives of the pro- vessel that made three or more qualify- gram. ing landings of bottomfish from the (3) The Regional Director shall con- NWHI. sider vessel length, range, hold capac- (ii) One point shall be assigned for ity, gear limitations, and other appro- each year in which the applicant was priate factors in making determina- owner or captain of a vessel that land- tions of catching power equivalency ed at least 6,000 lb (2,722 kg) of and comparability of the catching bottomfish from the main Hawaiian Is- power of vessels in the fishery. lands. (e) Supplementary requirements for per- (iii) Points will be assigned only mit renewal. (1) A permit will be eligible under paragraph (g)(1)(i) or (ii) of this for renewal if the vessel covered by the section for any 1 year. permit makes three or more qualifying (iv) Points will be assigned for every landings as defined in § 660.12 during year for which the requisite landings the permit year. can be documented. (2) The owner of a permitted vessel that did not make three or more quali- (2) Restrictions. An applicant must fying landings of bottomfish in a year own at least a 25-percent share in the may apply to the Regional Director for vessel that the permit would cover, and waiver of the landing requirement. If only one permit will be assigned to any the Regional Director finds that failure vessel.
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(3) Order of issuance. New permits that one is appropriate, the Assistant shall be awarded to applicants in de- Administrator may grant an informal scending order, starting with the appli- hearing before a hearing officer des- cant with the largest number of points. ignated for that purpose after first giv- If two or more persons have an equal ing notice of the time, place, and sub- number of points, and there are insuffi- ject matter of the hearing in the FED- cient new permits for all such appli- ERAL REGISTER. Such a hearing shall cants, the new permits shall be award- normally be held no later than 30 days ed by the Regional Director through a following publication of the notice in lottery. the FEDERAL REGISTER, unless the (4) Notification. The Regional Director hearing officer extends the time for shall place a notice in the FEDERAL reasons deemed equitable. The appel- REGISTER and shall use other means to lant, the applicant (if different), and, notify prospective applicants of the op- at the discretion of the hearing officer, portunity to file applications for new other interested persons, may appear permits under this program. personally or be represented by counsel (h) Appeals of permit actions. (1) Ex- at the hearing and submit information cept as provided in subpart D of 15 CFR and present arguments as determined part 904, any applicant for a permit or appropriate by the hearing officer. a permit holder may appeal the grant- Within 30 days of the last day of the ing, denial, conditioning, or suspension hearing, the hearing officer shall rec- of their permit or a permit affecting ommend in writing a decision to the their interests to the Assistant Admin- Assistant Administrator. istrator. In order to be considered by (4) The Assistant Administrator may the Assistant Administrator, such ap- adopt the hearing officer’s rec- peal must be in writing, must state the ommended decision, in whole or in action(s) appealed, and the reasons part, or may reject or modify it. In any therefor, and must be submitted within event, the Assistant Administrator will 30 days of the action(s) by the Regional notify interested persons of the deci- Director. The appellant may request an sion, and the reason(s) therefore, in informal hearing on the appeal. writing, within 30 days of receipt of the (2) Upon receipt of an appeal author- hearing officer’s recommended deci- ized by this section, the Assistant Ad- sion. The Assistant Administrator’s ac- ministrator will notify the permit ap- tion shall constitute final action for plicant, or permit holder as appro- the agency for the purposes of the priate, and will request such additional APA. information and in such form as will (5) Any time limit prescribed in this allow action upon the appeal. Upon re- section may be extended for a period ceipt of sufficient information, the As- not to exceed 30 days by the Assistant sistant Administrator will decide the Administrator for good cause, either appeal in accordance with the permit upon his or her own motion or upon eligibility criteria set forth in this sec- written request from the appellant or tion and the amendment to the FMP, applicant stating the reason(s) there- as appropriate, based upon information fore. relative to the application on file at [61 FR 34572, July 2, 1996, as amended at 62 NMFS and the Council and any addi- FR 8638, Feb. 26, 1997] tional information, the summary record kept of any hearing and the § 660.62 Prohibitions. hearing officer’s recommended deci- In addition to the general prohibi- sion, if any, and such other consider- tions specified in § 600.725 of this chap- ations as deemed appropriate. The As- ter and § 660.15, it is unlawful for any sistant Administrator will notify all person to do any of the following: interested persons of the decision, and (a) Fish for bottomfish or seamount the reasons therefor, in writing, nor- groundfish using gear prohibited under mally within 30 days of the receipt of § 660.64. sufficient information, unless addi- (b) Fish for bottomfish in the tional time is needed for a hearing. Ho’omalu Zone without a limited ac- (3) If a hearing is requested, or if the cess permit issued under §§ 660.13 and Assistant Administrator determines 660.61.
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(c) Fish for bottomfish in the Mau (c) Poisons and explosives. The posses- Zone without a permit issued under sion or use of any poisons, explosives, §§ 660.13 and 660.61. or intoxicating substances for the pur- (d) Serve as primary operator or re- pose of harvesting bottomfish and sea- lief operator on a vessel with a Mau or mount groundfish is prohibited. Ho’omalu Zone permit without com- pleting a protected species workshop § 660.65 At-sea observer coverage. conducted by NMFS, as required by (a) All fishing vessels subject to this § 660.61. subpart must carry an observer when (e) Fail to notify the USCG at least directed to do so by the Regional Di- 24 hours prior to making any landing of rector. bottomfish taken in the Ho’omalu (b) The Pacific Area Office will ad- Zone, as required by § 660.63. vise the vessel owner or operator of (f) Fish within any protected species any observer requirement within 72 study zone in the NWHI without notify- hours (not including weekends or holi- ing the Regional Director of the intent days) of receipt of the notice. If an ob- to fish in these zones, as required under server is required, the owner or opera- § 660.63. tor will be informed of the terms and conditions of observer coverage, and § 660.63 Notification. the time and place of embarkation of the observer. (a) The owner or operator of a fishing (c) All observers must be provided vessel subject to this subpart must in- with sleeping, toilet, and eating ac- form the Pacific Area Office at least 72 commodations at least equal to that hours (not including weekends and provided to a full crew member. A mat- holidays) before leaving port, of his or tress of futon on the floor or a cot is her intent to fish within the protected not acceptable in place of a regular species study zones defined in § 660.12. bunk. Meal and other gallery privileges The notice must include the name of must be the same for the observer as the vessel, name of the operator, in- for other crew members. tended departure and return date, and (d) Female observers on a vessel with a telephone number at which the owner an all-male crew must be accommo- or operator may be contacted during dated either in a single-person cabin the business day (8 a.m. to 5 p.m.) to or, if reasonable privacy can be ensured indicate whether an observer will be re- by installing a curtain or other tem- quired on the subject fishing trip. porary divider, in a two-person cabin (b) The operator of a fishing vessel shared with a licensed officer of the that has taken bottomfish in the vessel. If the cabin assigned to a female Ho’omalu Zone must contact the observer does not have its own toilet USCG, by radio or otherwise, at the and shower facilities that can be pro- 14th District, Honolulu, HI; Pacific vided for the exclusive use of the ob- Area, San Francisco, CA; or 17th Dis- server, then a schedule for time-shar- trict, Juneau, AK, at least 24 hours be- ing of common facilities must be estab- fore landing, and report the port and lished and approved by the Regional the approximate date and time at Director prior to the vessel’s departure which the bottomfish will be landed. from port.
§ 660.64 Gear restrictions. § 660.66 Protected species conserva- (a) Bottom trawls and bottom set tion. gillnets. Fishing for bottomfish and sea- The Regional Director may change mount groundfish with bottom trawls the size of the protected species study and bottom set gillnets is prohibited. zones defined in § 660.12 of this subpart: (b) Possession of gear. Possession of a (a) If the Regional Director deter- bottom trawl and bottom set gillnet by mines that a change in the size of the any vessel having a permit under study zones would not result in fishing § 660.61 or otherwise established to be for bottomfish in the NWHI that would fishing for bottomfish or seamount adversely affect any species listed as groundfish in the management sub- threatened or endangered under the areas is prohibited. ESA.
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(b) After consulting with the Council. (xi) Change in species composition of (c) Through notification in the FED- the bottomfish catch in any area. ERAL REGISTER published at least 30 (xii) Research results. days prior to the effective date or (xiii) Habitat degradation or environ- through actual notice to the permit mental problems. holders. (xiv) Reported interactions between bottomfishing operations and protected § 660.67 Framework for regulatory ad- species in the NWHI. justments. (8) Recommendations for Council ac- (a) Annual reports. By June 30 of each tion. year, a Council-appointed bottomfish (9) Estimated impacts of rec- monitoring team will prepare an an- ommended action. nual report on the fishery by area cov- (b) Recommendation of management ac- ering the following topics: tion. (1) The team may present manage- (1) Fishery performance data. ment recommendations to the Council (2) Summary of recent research and at any time. Recommendations may survey results. cover actions suggested for Federal (3) Habitat conditions and recent al- regulations, state/territorial action, terations. enforcement or administrative ele- (4) Enforcement activities and prob- ments, and research and data collec- lems. tion. Recommendations will include an (5) Administrative actions (e.g., data assessment of urgency and the effects collection and reporting, permits). of not taking action. (2) The Council will evaluate the (6) State and territorial management team’s reports and recommendations, actions. and the indicators of concern. The (7) Assessment of need for Council ac- Council will assess the need for one or tion (including biological, economic, more of the following types of manage- social, enforcement, administrative, ment action: Catch limits, size limits, and state/Federal needs, problems, and closures, effort limitations, access lim- trends). Indications of potential prob- itations, or other measures. lems warranting further investigation (3) The Council may recommend may be signaled by the following indi- management action by either the state/ cator criteria: territorial governments or by Federal (i) Mean size of the catch of any spe- regulation. cies in any area is a pre-reproductive (c) Federal management action. (1) If size. the Council believes that management (ii) Ratio of fishing mortality to nat- action should be considered, it will ural mortality for any species. make specific recommendations to the (iii) Harvest capacity of the existing Regional Director after requesting and fleet and/or annual landings exceed considering the views of its Scientific best estimate of MSY in any area. and Statistical Committee and (iv) Significant decline (50 percent or Bottomfish Advisory Panel and obtain- more) in bottomfish catch per unit of ing public comments at a public hear- effort from baseline levels. ing. (v) Substantial decline in ex-vessel (2) The Regional Director will con- revenue relative to baseline levels. sider the Council’s recommendation (vi) Significant shift in the relative and accompanying data, and, if he or proportions of gear in any one area. she concurs with the Council’s rec- (vii) Significant change in the frozen/ ommendation, will propose regulations fresh components of the bottomfish to carry out the action. If the Regional catch. Director rejects the Council’s proposed (viii) Entry/exit of fishermen in any action, a written explanation for the area. denial will be provided to the Council (ix) Per-trip costs for bottomfishing within 2 weeks of the decision. exceed per-trip revenues for a signifi- (3) The Council may appeal denial by cant percentage of trips. writing to the Assistant Adminis- (x) Significant decline or increase in trator, who must respond in writing total bottomfish landings in any area. within 30 days.
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(4) The Regional Director and the As- § 660.68 Fishing moratorium on Han- sistant Administrator will make their cock Seamount. decisions in accord with the Magnuson Fishing for bottomfish and seamount Act, other applicable law, and the groundfish on the Hancock Seamount Bottomfish FMP. is prohibited through August 31, 1998. (5) To minimize conflicts between the Federal and state management sys- § 660.69 Management subareas. tems, the Council will use the proce- (a) The bottomfish fishery manage- dures in paragraph (b) of this section to ment area is divided into five subareas respond to state/territorial manage- for the regulation of bottomfish and ment actions. Council consideration of seamount groundfish fishing with the action would normally begin with a following designations and boundaries: representative of the state or terri- (1) Main Hawaiian Islands means the torial government bringing a potential EEZ of the Hawaiian Islands Archipel- ° ′ or actual management conflict or need ago lying to the east of 161 20 W. long. (2) Northwestern Hawaiian Islands to the Council’s attention. (NWHI) means the EEZ of the Hawaiian (d) Access limitation procedures. (1) Ac- Islands Archipelago lying to the west cess limitation may be adopted under of 161°20′ W. long. However, for the pur- this paragraph (d) only for the NWHI, poses of regulations issued under this American Samoa, and Guam. subpart, Midway Island is treated as (2) If access limitation is proposed for part of the Northwestern Hawaiian Is- adoption or subsequent modification lands Subarea. through the process described in this (i) Ho’omalu Zone means that por- paragraph (d), the following require- tion of the EEZ around the NWHI west ments must be met: of 165° W. long. (i) The Bottomfish Monitoring Team (ii) Mau Zone means that portion of must consider and report to the Coun- the EEZ around the NWHI between cil on present participation in the fish- 161°20′ W. long. and 165° W. long. ery; historical fishing practices in, and (3) Hancock Seamount means that dependence on, the fishery; economics portion of the EEZ in the Northwestern Hawaiian Islands west of 180°00′ W. of the fishery; capability of fishing ves- long. and north of 28°00′ N. lat. sels used in the fishery to engage in (4) Guam means the EEZ seaward of other fisheries; cultural and social the Territory of Guam. framework relevant to the fishery; and (5) American Samoa means the EEZ any other relevant considerations. seaward of the Territory of American (ii) Public hearings must be held spe- Samoa. cifically addressing the limited access (b) The inner boundary of the fishery proposals. management area is a line coterminous (iii) A specific advisory subpanel of with the seaward boundaries of the persons experienced in the fishing in- State of Hawaii, the Territory of Amer- dustry will be created to advise the ican Samoa, and the Territory of Guam Council and the Regional Director on (the ‘‘3 mile-limit’’). administrative decisions. (c) The outer boundary of the fishery (iv) The Council’s recommendation management area is a line drawn in such a manner that each point on it is to the Regional Director must be ap- 200 nautical miles from the baseline proved by a two-thirds majority of the from which the territorial sea is meas- voting members. ured, or is coterminous with adjacent (3) If prior participation in the fish- international maritime boundaries. ery is used as a factor in any access The outer boundary of the fishery man- limitation system recommended by the agement area north of Guam will ex- Council, August 7, 1985, is the date se- tend to those points which are equi- lected by the Council as the date to be distant between Guam and the island used for the NWHI and May 30, 1986, for of Rota in the Commonwealth of the American Samoa and Guam. Northern Mariana Islands.
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Subpart F—Precious Corals less than the minimum height specified Fisheries in § 660.86, unless: (1) A valid EFP was issued under § 660.81 Permits. § 660.17 for the vessel and the vessel was (a) Any vessel of the United States operating under the terms of the per- fishing for, taking, or retaining pre- mit; or cious coral in any precious coral per- (2) The coral originated outside coral mit area must have a permit issued beds listed in this paragraph, and this under § 660.13. can be demonstrated through receipts (b) Each permit will be valid for fish- of purchase, invoices, or other docu- ing only in the permit area specified on mentation. the permit. Precious Coral Permit § 660.83 Seasons. Areas are defined in § 660.12. (c) No more than one permit will be The fishing year for precious coral valid for any one vessel at any one begins on July 1 and ends on June 30 time. the following year, except at the (d) No more than one permit will be Makapuu Bed, which has a 2-year fish- valid for any one person at any one ing period that begins July 1 and ends time. June 30, 2 years later. (e) The holder of a valid permit to fish one permit area may obtain a per- § 660.84 Quotas. mit to fish another permit area only (a) General. The quotas limiting the upon surrendering to the Regional Di- amount of precious coral that may be rector any current permit for the pre- taken in any precious coral permit cious corals fishery issued under area during the fishing year are listed § 660.13. in Table 1 of this part. Only live coral (f) General requirements governing is counted toward the quota. The ac- application information, issuance, fees, counting period for all quotas begins expiration, replacement, transfer, al- July 1, 1983. teration, display, sanctions, and ap- (b) Conditional bed closure. A condi- peals for permits for the precious cor- tional bed will be closed to all non- als fishery are contained in § 660.13. selective coral harvesting after the quota for one species of coral has been § 660.82 Prohibitions. taken. In addition to the general prohibi- (c) Reserves and reserve release. The tions specified in § 600.725 of this chap- quotas for exploratory areas will be ter and in § 660.15, it is unlawful for any held in reserve for harvest by vessels of person to: the United States in the following (a) Use any vessel to fish for, take, manner: retain, possess or land precious coral in (1) At the start of the fishing year, any precious coral permit area, unless the reserve for each of the three explor- a permit has been issued for that vessel atory areas will equal the quota minus and area as specified in § 660.13 and the estimated domestic annual harvest that permit is on board the vessel. for that year. (b) Fish for, take, or retain any spe- (2) As soon as practicable after De- cies of precious coral in any precious cember 31 each year, the Regional Di- coral permit area: rector will determine the amount har- (1) By means of gear or methods pro- vested by vessels of the United States hibited by § 660.88. between July 1 and December 31 of that (2) In refugia specified in § 660.12. year. (3) In a bed for which the quota speci- (3) NMFS will release to TALFF an fied in § 660.84 has been attained. amount of precious coral for each ex- (4) In violation of any permit issued ploratory area equal to the quota under § 660.13 or § 660.17. minus two times the amount harvested (c) Take and retain, possess, or land by vessels of the United States in that any pink coral from the Makapuu Bed July 1 through December 31 period. (Permit Area E–B–1), Keahole Point (4) NMFS will publish in the FEDERAL Bed (Permit Area C–B–1), or Kaena REGISTER a notification of the Re- Point Bed (Permit Area C–B–2) that is gional Director’s determination and a
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summary of the information on which fishing vessels of the United States in it is based as soon as practicable after the EEZ off the coasts of Washington, the determination is made. Oregon, and California. All weights are in round weight or round-weight § 660.85 Closures. equivalents, unless specified otherwise. (a) If the Regional Director deter- mines that the harvest quota for any § 660.302 Definitions. coral bed will be reached prior to the At-sea processing means processing end of the fishing year, or the end of that takes place on a vessel or other the 2-year fishing period at Makapuu platform that floats and is capable of Bed, NMFS will issue a field order clos- being moved from one location to an- ing the bed involved by publication of other, whether shoreside or on the an action in the FEDERAL REGISTER, water. and through appropriate news media. Closure, when referring to closure of a Any such field order must indicate the fishery, means that taking and retain- reason for the closure, the bed being ing, possessing, or landing the particu- closed, and the effective date of the lar species or species group is prohib- closure. ited. (b) A closure is also effective for a Commercial fishing means: permit holder upon the permit holder’s (1) Fishing by a person who possesses actual harvest of the applicable quota. a commercial fishing license or is re- quired by law to possess such license § 660.86 Size restrictions. issued by one of the states or the Fed- Pink coral harvested from the eral Government as a prerequisite to Makapuu bed (E–B–1), the Keahole taking, landing and/or sale; or Point Bed (C–B–1), and the Kaena Point (2) Fishing that results in or can be Bed (C–B–2), must have attained a min- reasonably expected to result in sale, imum height of 10 inches (25.4 cm). barter, trade or other disposition of There are no size limits for precious fish for other than personal consump- coral from other beds or other species. tion. Commercial harvest guideline or com- § 660.87 Area restrictions. mercial quota means the harvest guide- Fishing for coral on the WestPac Bed line or quota after subtracting any al- is not allowed. The specific area closed location for the Pacific Coast treaty to fishing is all waters within a 2-nm Indian tribes or for recreational fish- radius of the midpoint of 23°18.0′ N. lat., eries. Limited entry and open access 162°35.0′ W. long. allocations are based on the commer- cial harvest guideline or quota. § 660.88 Gear restrictions. Council means the Pacific Fishery Management Council, including its (a) Selective gear. Only selective gear Groundfish Management Team, Sci- may be used to harvest coral from the entific and Statistical Committee EEZ of the main Hawaiian Islands. (SSC), Groundfish Advisory Subpanel (b) Selective or non-selective gear. Ei- (GAP), and any other committee estab- ther selective or non-selective gear lished by the Council. may be used to harvest coral from Exempted gear means all types of fish- Brooks Bank, 180 Fathom Bank, and ing gear except longline, trap (or pot), exploratory areas other than the EEZ and groundfish trawl gear. Exempted off the main Hawaiian Islands. gear includes trawl gear used to take pink shrimp, spot and ridgeback Subpart G—West Coast prawns, California halibut south of Pt. Groundfish Fisheries Arena, CA, and sea cucumber south of Pt. Arena, under the authority of a 660.301 Purpose and scope. State of California limited entry per- This subpart implements the Pacific mit for the sea cucumber fishery. Coast Groundfish Fishery Management Fishery management area means the Plan (PCGFMP) developed by the Pa- EEZ off the coasts of Washington, Or- cific Fishery Management Council. egon, and California between 3 and 200 These regulations govern groundfish nm offshore, and bounded on the north
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by the Provisional International (13) Nontrawl gear. All legal commer- Boundary between the United States cial groundfish gear other than trawl and Canada, and bounded on the south gear. by the International Boundary between (14) Pelagic (midwater or off-bottom) the United States and Mexico. trawl. A trawl in which the otter boards Fisheries Management Division (FMD) may be in contact with the seabed but means the Chief, Fisheries Manage- the footrope of the net remains above ment Division, Northwest Regional Of- the seabed. It includes pair trawls if fice, NMFS, or a designee. fished in midwater. A pelagic trawl has Fishing gear includes the following no rollers or bobbins on the net. types of gear and equipment used in (15) Pot. A trap. the groundfish fishery: (16) Roller trawl (bobbin trawl). A (1) Bobbin trawl. The same as a roller trawl with footropes equipped with trawl, a type of bottom trawl. rollers or bobbins made of wood, steel, (2) Bottom trawl. A trawl in which the rubber, plastic, or other hard material otter boards or the footrope of the net that keep the footrope above the sea- are in contact with the seabed. It in- bed, thereby protecting the net. A roll- cludes roller (or bobbin) trawls, Danish er trawl is a type of bottom trawl. and Scottish seine gear, and pair (17) Set net. A stationary, buoyed, and trawls fished on the bottom. Any trawl anchored gillnet or trammel net. not meeting the requirements for a pe- (18) Single-walled codend. A codend lagic trawl in § 660.322 is a bottom constructed of a single wall of webbing trawl. knitted with single or double-bar mesh. (19) Spear. A sharp, pointed, or barbed (3) Chafing gear. Webbing or other instrument on a shaft. material attached to the codend of a (20) Trammel net. A gillnet made with trawl net to protect the codend from two or more walls joined to a common wear. float line. (4) (See § 600.10). Codend. (21) Trap (or pot). A portable, enclosed (5) Commercial vertical hook-and-line. device with one or more gates or en- Commercial fishing with hook-and-line trances and one or more lines attached gear that involves a single line an- to surface floats. chored at the bottom and buoyed at (22) Trawl riblines. Heavy rope or line the surface so as to fish vertically. that runs down the sides, top, or under- (6) Double-bar mesh. Two lengths of side of a trawl net from the mouth of twine tied into a single knot. the net to the terminal end of the (7) Double-walled codend. A codend codend to strengthen the net during constructed of two walls of webbing. fishing. (8) Fixed gear (anchored nontrawl Fishing trip is a period of time be- gear). Longline, trap or pot, set net, tween landings when fishing is con- and stationary hook-and-line (includ- ducted. ing commercial vertical hook-and-line) Fishing year is the year beginning at gears. 0801 GMT (0001 local time) on January (9) Gillnet. (See § 600.10). 1 and ending at 0800 GMT on January 1 (10) Hook-and-line. One or more hooks (2400 local time on December 31). attached to one or more lines. It may Groundfish means species managed by be stationary (commercial vertical the PCGFMP, specifically: hook-and-line) or mobile (troll). Sharks: (11) Longline. A stationary, buoyed, leopard shark, Triakis semifasciata and anchored groundline with hooks soupfin shark, Galeorhinus zyopterus attached, so as to fish along the sea- spiny dogfish, Squalus acanthias bed. It does not include commercial Skates: vertical hook-and-line or troll gear. big skate, Raja binoculata (12) Mesh size. The opening between California skate, R. inornata opposing knots. Minimum mesh size longnose skate, R. rhina Ratfish: means the smallest distance allowed ratfish, Hydrolagus colliei between the inside of one knot to the Morids: inside of the opposing knot, regardless finescale codling, Antimora microlepis of twine size. Grenadiers:
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Pacific rattail, Coryphaenoides acrolepis All genera and species of the family Roundfish: Scorpaenidae that occur off Washington, Or- cabezon, Scorpaenichthys marmoratus egon, and California are included, even if not jack mackerel (north of 39° N. lat.), listed above. The Scorpaenidae genera are Trachurus symmetricus Sebastes, Scorpaena, Scorpaenodes, and kelp greenling, Hexagrammos decagrammus Sebastolobus. lingcod, Ophiodon elongatus Flatfish: Pacific cod, Gadus macrocephalus arrowtooth flounder (arrowtooth turbot), Pacific whiting, Merluccius productus Atheresthes stomias sablefish, Anoplopoma fimbria butter sole, Isopsetta isolepis Rockfish: curlfin sole, Pleuronichthys decurrens aurora rockfish, Sebastes aurora bank rockfish, S. rufus Dover sole, Microstomus pacificus black rockfish, S. melanops English sole, Parophrys vetulus black and yellow rockfish, S. chrysomelas flathead sole, Hippoglossoides elassodon blackgill rockfish, S. melanostomus Pacific sanddab, Citharichthys sordidus blue rockfish, S. mystinus petrale sole, Eopsetta jordani bocaccio, S. paucispinis rex sole, Glyptocephalus zachirus bronzespotted rockfish, S. gilli rock sole, Lepidopsetta bilineata brown rockfish, S. auriculatus sand sole, Psettichthys melanostictus calico rockfish, S. dalli starry flounder, Platichthys stellatus California scorpionfish, Scorpaena guttata canary rockfish, Sebastes pinniger Groundfish trawl means trawl gear chilipepper, S. goodei that is used under the authority of a China rockfish, S. nebulosus valid limited entry permit issued under copper rockfish, S. caurinus this subpart endorsed for trawl gear. It cowcod, S. levis does not include any type of trawl gear darkblotched rockfish, S. crameri listed as ‘‘exempted gear.’’ dusty rockfish, S. ciliatus Harvest guideline means a specified flag rockfish, S. rubrivinctus gopher rockfish, S. carnatus numerical harvest objective that is not grass rockfish, S. rastrelliger a quota. Attainment of a harvest greenblotched rockfish, S. rosenblatti guideline does not require closure of a greenspotted rockfish, S. chlorostictus fishery. greenstriped rockfish, S. elongatus Incidental catch or incidental species harlequin rockfish, S. variegatus means groundfish species caught while honeycomb rockfish, S. umbrosus fishing for the primary purpose of kelp rockfish, S. atrovirens longspine thornyhead, Sebastolobus altivelis catching a different species. Mexican rockfish, Sebastes macdonaldi Land or landing means to begin olive rockfish, S. serranoides transfer of fish from a fishing vessel. Pacific ocean perch, S. alutus Once transfer begins, all fish aboard pink rockfish, S. eos the vessel are counted as part of the quillback rockfish, S. maliger landing. redbanded rockfish, S. babcocki Length overall (LOA) (with respect to redstripe rockfish, S. proriger rosethorn rockfish, S. helvomaculatus a vessel) means the length overall set rosy rockfish, S. rosaceus forth in the Certificate of Documenta- rougheye rockfish, S. aleutianus tion (CG–1270) issued by the USCG for a sharpchin rockfish, S. zacentrus documented vessel, or in a registration shortbelly rockfish, S. jordani certificate issued by a state or the shortraker rockfish, S. borealis USCG for an undocumented vessel; for shortspine thornyhead, Sebastolobus vessels that do not have the LOA stat- alascanus silvergray rockfish, Sebastes brevispinis ed in an official document, the LOA is speckled rockfish, S. ovalis the LOA as determined by the USCG or splitnose rockfish, S. diploproa by a marine surveyor in accordance squarespot rockfish, S. hopkinsi with the USCG method for measuring starry rockfish, S. constellatus LOA. stripetail rockfish, S. saxicola Limited entry fishery means the fish- tiger rockfish, S. nigrocinctus ery composed of vessels using trawl treefish, S. serriceps gear, longline, and trap (or pot) gear vermilion rockfish, S. miniatus widow rockfish, S. entomelas fished pursuant to the harvest guide- yelloweye rockfish, S. ruberrimus lines, quotas, and other management yellowmouth rockfish, S. reedi measures governing the limited entry yellowtail rockfish, S. flavidus fishery.
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Limited entry gear means longline, own a documented vessel under the trap (or pot), or groundfish trawl gear terms of 46 U.S.C. 12102(a). used under the authority of a valid lim- Processing or to process means the ited entry permit affixed with an en- preparation or packaging of groundfish dorsement for that gear. to render it suitable for human con- Limited entry permit means the permit sumption, industrial uses or long-term required to participate in the limited storage, including, but not limited to, entry fishery, and includes the gear en- cooking, canning, smoking, salting, dorsements affixed to the permit unless drying, filleting, freezing, or rendering specified otherwise. into meal or oil, but does not mean Open access fishery means the fishery heading and gutting unless additional composed of vessels using exempted preparation is done. gear, and longline and trap (or pot) Prohibited species means those species gear fished pursuant to the harvest and species groups whose retention is guidelines, quotas, and other manage- prohibited unless authorized by other ment measures governing the open ac- applicable law (for example, to allow cess fishery. for examination by an authorized ob- Open access gear means all types of server or to return tagged fish as speci- fishing gear except: fied by the tagging agency). (1) Longline or trap (or pot) gear Quota means a specified numerical fished by a vessel that has a limited harvest objective, the attainment (or entry permit affixed with a gear en- expected attainment) of which causes dorsement for that gear. closure of the fishery for that species (2) Trawl gear. or species group. Owner of a vessel or vessel owner, as used in this subpart, means a person Recreational fishing means fishing identified as the current owner in the with authorized recreational fishing Certificate of Documentation (CG–1270) gear for personal use only, and not for issued by the USCG for a documented sale or barter. vessel, or in a registration certificate Regional Director means the Director, issued by a state or the USCG for an Northwest Region, NMFS. For fisheries undocumented vessel. occurring primarily or exclusively in Pacific Coast Groundfish Fishery Man- the fishery management area seaward agement Plan (PCGFMP) means the of California, ‘‘Regional Director’’ Fishery Management Plan for the means the Director, Northwest Region, Washington, Oregon, and California NMFS, acting upon the recommenda- Groundfish Fishery developed by the tion of the Director, Southwest Region, Pacific Fishery Management Council NMFS. and approved by the Secretary on Jan- Reserve means a portion of the har- uary 4, 1982, and as it may be subse- vest guideline or quota set aside at the quently amended. beginning of the year to allow for un- Permit holder means a permit owner certainties in preseason estimates of or a permit lessee. DAP and JVP. Permit lessee means a person who has Round weight (See § 600.10). the right to possess and use a limited Shoreside processing means processing entry permit for a designated period of that takes place in a facility that is time, with reversion to the permit fixed permanently to land. owner. Specification is a numerical or de- Permit owner means a person who scriptive designation of a management owns a limited entry permit. objective, including but not limited to: Person, as it applies to limited entry ABC; harvest guideline; quota; limited and open access fisheries conducted entry or open access allocation; a set under this subpart, means any individ- aside or allocation for a recreational or ual, corporation, partnership, associa- treaty Indian fishery; an apportion- tion or other entity (whether or not or- ment of the above to an area, gear, sea- ganized or existing under the laws of son, fishery, or other subdivision; DAP, any state), and any Federal, state, or DAH, JVP, TALFF, or incidental local government, or any entity of any bycatch allowances in foreign or joint such government that is eligible to venture fisheries.
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Target fishing means fishing for the (2) The northern and northwestern primary purpose of catching a particu- boundary is a line connecting the fol- lar species or species group (the target lowing coordinates in the order listed, species). which is the provisional international Totally lost means the vessel being re- boundary of the EEZ as shown on placed no longer exists in specie, or is NOAA/NOS Charts #18480 and #18007: absolutely and irretrievably sunk or otherwise beyond the possible control Point N. lat. W. long. of the owner, or the costs of repair (in- 1 ...... 48°29′37.19′′ 124°43′33.19′′ cluding recovery) would exceed the re- 2 ...... 48°30′11′′ 124°47′13′′ paired value of the vessel. 3 ...... 48°30′22′′ 124°50′21′′ 4 ...... 48°30′14′′ 124°54′52′′ Trip limit means the total allowable 5 ...... 48°29′57′′ 124°59′14′′ amount of a groundfish species or spe- 6 ...... 48°29′44′′ 125°00′06′′ cies complex by weight, or by percent- 7 ...... 48°28′09′′ 125°05′47′′ age of weight of fish on board the ves- 8 ...... 48°27′10′′ 125°08′25′′ 9 ...... 48°26′47′′ 125°09′12′′ sel, that may be taken and retained, 10 ...... 48°20′16′′ 125°22′48′′ possessed, or landed from a single fish- 11 ...... 48°18′22′′ 125°29′58′′ ing trip. 12 ...... 48°11′05′′ 125°53′48′′ 13 ...... 47°49′15′′ 126°40′57′′ § 660.303 Reporting and record- 14 ...... 47°36′47′′ 127°11′58′′ 15 ...... 47°22′00′′ 127°41′23′′ keeping. 16 ...... 46°42′05′′ 128°51′56′′ (a) This subpart recognizes that 17 ...... 46°31′47′′ 129°07′39′′ catch and effort data necessary for im- plementing the PCGFMP are collected (3) The southern limit is 47°30′ N. lat. by the States of Washington, Oregon, (b) Columbia. (1) The northern limit is and California under existing state 47°30′ N. lat. data collection requirements. Tele- (2) The southern limit is 43°00′ N. lat. phone surveys of the domestic industry (c) Eureka. (1) The northern limit is will be conducted biannually by NMFS 43°00′ N. lat. to determine amounts of fish that will (2) The southern limit is 40°30′ N. lat. be made available to foreign fishing (d) Monterey. (1) The northern limit is and JVP. No additional Federal reports 40°30′ N. lat. are required of fishers or processors, so (2) The southern limit is 36°00′ N. lat. long as the data collection and report- (e) Conception. (1) The northern limit ing systems operated by state agencies is 36°00′ N. lat. continue to provide NMFS with statis- (2) The southern limit is the U.S.- tical information adequate for manage- Mexico International Boundary, which ment. is a line connecting the following co- (b) Any person who is required to do ordinates in the order listed: so by the applicable state law must Point N. lat. W. long. make and/or file, retain, or make avail- able any and all reports of groundfish 1 ...... 32°35′22′′ 117°27′49′′ landings containing all data, and in the 2 ...... 32°37′37′′ 117°49′31′′ . exact manner, required by the applica- 3 ...... 31°07′58′′ 118°36′18′′ ble state law. 4 ...... 30°32′31′′ 121°51′58′′
§ 660.304 Management areas. (f) International boundaries. (1) Any (a) Vancouver. (1) The northeastern person fishing subject to this subpart is boundary is that part of a line connect- bound by the international boundaries ing the light on Tatoosh Island, WA, described in this section, notwithstand- with the light on Bonilla Point on Van- ing any dispute or negotiation between couver Island, British Columbia (at the United States and any neighboring 48°35′75″ N. lat., 124°43′00″ W. long.) country regarding their respective ju- south of the International Boundary risdictions, until such time as new between the U.S. and Canada (at boundaries are established or recog- 48°29′37.19″ N. lat., 124°43′33.19″ W. long.), nized by the United States. and north of the point where that line (2) The inner boundary of the fishery intersects with the boundary of the management area is a line coterminous U.S. territorial sea. with the seaward boundaries of the
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States of Washington, Oregon, and (c) Falsify or fail to affix and main- California (the ‘‘3-mile limit’’). tain vessel and gear markings as re- (3) The outer boundary of the fishery quired by § 660.305 or § 660.322(c). management area is a line drawn in (d) Fish for groundfish in violation of such a manner that each point on it is any terms or conditions attached to an 200 nm from the baseline from which EFP under part 600.745. the territorial sea is measured, or is a (e) Fish for groundfish using gear not provisional or permanent international authorized under § 660.322 or in viola- boundary between the United States tion of any terms or conditions at- and Canada or Mexico. tached to an EFP under part 600.745. § 660.305 Vessel identification. (f) Take and retain, possess, or land more groundfish than specified under (a) Display. The operator of a vessel § 660.321, § 660.323, or under an EFP is- that is over 25 ft (7.6 m) in length and sued under part 600 of this chapter. is engaged in commercial fishing for (g) Falsify or fail to make and/or file, groundfish must display the vessel’s of- retain or make available any and all ficial number on the port and starboard reports of groundfish landings, contain- sides of the deckhouse or hull, and on ing all data, and in the exact manner, a weather deck so as to be visible from required by the applicable State law, as above. The number must contrast with specified in § 660.303, provided that per- the background and be in block Arabic son is required to do so by the applica- numerals at least 18 inches (45.7 cm) ble state law. high for vessels over 65 ft (19.8 m) long (h) Fail to sort, prior to the first and at least 10 inches (25.4 cm) high for weighing after offloading, those vessels between 25 and 65 ft (7.6 and 19.8 groundfish species or species groups for m) in length. The length of a vessel for which there is a trip limit, if the purposes of this section is the length weight of the total delivery exceeds set forth in USCG records or in state 3,000 lb (1,361 kg) (round weight or records, if no USCG record exists. round-weight equivalent). (b) Maintenance of numbers. The oper- ator of a vessel engaged in commercial (i) Possess, deploy, haul, or carry on- fishing for groundfish must keep the board a fishing vessel subject to these identifying markings required by para- regulations a set net, trap or pot, graph (a) of this section clearly legible longline, or commercial vertical hook- and in good repair, and must ensure and-line that is not in compliance with that no part of the vessel, its rigging, the gear restrictions in § 660.322, unless or its fishing gear obstructs the view of such gear is the gear of another vessel the official number from an enforce- that has been retrieved at sea and ment vessel or aircraft. made inoperable or stowed in a manner (c) Commercial passenger vessels. This not capable of being fished. The dis- section does not apply to vessels carry- posal at sea of such gear is prohibited ing fishing parties on a per-capita basis by Annex V of the International Con- or by charter. vention for the Prevention of Pollution From Ships, 1973 (Annex V of MARPOL § 660.306 Prohibitions. 73/78). In addition to the general prohibi- (j) Process whiting in the fishery tions specified in § 600.725 of this chap- management area during times or in ter, it is unlawful for any person to: areas where at-sea processing is prohib- (a) Sell, offer to sell, or purchase any ited for the sector in which the vessel groundfish taken in the course of rec- participates, unless: reational groundfish fishing. (1) The fish are received from a mem- (b) Retain any prohibited species (de- ber of a Pacific Coast treaty Indian fined in § 660.323(c) caught by means of tribe fishing under § 660.324; fishing gear authorized under this sub- (2) The fish are processed by a waste- part or unless authorized by part 600 of processing vessel according to this chapter. Prohibited species must § 660.323(a)(4)(vii); or be returned to the sea as soon as prac- (3) The vessel is completing process- ticable with a minimum of injury when ing of whiting taken on board during caught and brought on board. that vessel’s primary season.
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(k) Take and retain or receive, except limited entry gear as provided in para- as cargo or fish waste, whiting on a graph (m) of this section. vessel in the fishery management area (r) Refuse to submit fishing gear or that already possesses processed whit- fish subject to such person’s control to ing on board, during times or in areas inspection by an authorized officer, or where at-sea processing is prohibited to interfere with or prevent, by any for the sector in which the vessel par- means, such an inspection. ticipates, unless the fish are received (s) During the ‘‘regular’’ or ‘‘mop-up’’ from a member of a Pacific Coast trea- season described in § 660.323(a)(2)(iii) ty Indian tribe fishing under § 660.324. and (iv), take and retain, possess or (l) Have onboard a commercial hook- land sablefish taken and retained north and-line fishing vessel (other than a of 36° N. lat., with longline or trap (or vessel operated by persons under pot) gear, by a vessel with a limited § 660.323(b)(1)(ii)), more than the entry permit registered for use with amount of the trip limit set for black that vessel and endorsed for longline or rockfish by § 660.323 while that vessel is trap (or pot) gear, that does not have a fishing between the U.S.-Canada border sablefish endorsement. and Cape Alava (48°09′30″ N. lat.), or be- (t) During the ‘‘regular’’ or ‘‘mop-up’’ tween Destruction Island (47°40′00″ N. season described in § 660.323(a)(2)(iii) lat.) and Leadbetter Point (46°38′10″ N. and (iv), take and retain, possess or lat.). land sablefish taken and retained north of 36° N. lat., with open access gear, by (m) Fish with groundfish trawl gear, a vessel with a limited entry permit or carry groundfish trawl gear on board registered for use with that vessel and a vessel that also has groundfish on endorsed for longline or trap (or pot) board, without having a limited entry gear, that does not have a sablefish en- permit valid for that vessel affixed dorsement. with a gear endorsement for trawl (u) Participate in the mothership or gear, with the following exception. A shoreside sector as a catcher vessel vessel with groundfish on board may that does not process fish, if that ves- carry groundfish trawl gear if: sel operates in the same calendar year (1) The vessel is in continuous transit as a catcher/processor in the whiting from outside the fishery management fishery, according to area to a port in Washington, Oregon, § 660.323(a)(4)(ii)(B). or California; or (v) Operate as a waste-processing ves- (2) The vessel is a mothership, in sel within 48 hours of a primary season which case trawl nets and doors must for whiting in which that vessel oper- be stowed in a secured and covered ates as a catcher/processor or manner, and detached from all towing mothership, according to lines, so as to be rendered unusable for § 660.323(a)(4)(vii). fishing. (w) Fail to keep the trawl doors on (n) Fail to carry onboard a vessel board the vessel and attached to the that vessel’s limited entry permit if re- trawls on a vessel used to fish for whit- quired. ing, when taking and retention is pro- (o) Make a false statement on an ap- hibited under § 660.323(a)(3)(v). plication for issuance, renewal, trans- [61 FR 34572, July 2, 1996, as amended at 61 fer, vessel registration, or replacement FR 48643, Sept. 16, 1996; 62 FR 27521, May 20, of a limited entry permit. 1997; 62 FR 34674, June 27, 1997] (p) Take and retain, possess, or land groundfish in excess of the landing § 660.321 Specifications and manage- limit for the open access fishery with- ment measures. out having a valid limited entry permit (a) General. NMFS will establish and for the vessel affixed with a gear en- adjust specifications and management dorsement for the gear used to catch measures annually and during the fish- the fish. ing year. Management of the Pacific (q) Carry on board a vessel, or deploy, Coast groundfish fishery will be con- limited entry gear when the limited ducted consistent with the standards entry fishery for that gear is closed, and procedures in the PCGFMP and except a vessel may carry on board other applicable law. The PCGFMP is
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available from the Regional Director the framework standards and proce- or the Council. dures in the PCGFMP and other appli- (b) Annual actions. The Pacific Coast cable law, and will be published in the groundfish fishery is managed on a cal- FEDERAL REGISTER. endar year basis. Even though speci- fications and management measures § 660.322 Gear restrictions. are announced annually, they may (a) General. The following types of apply for more than 1 year. In general, fishing gear are authorized, with the management measures are designed to restrictions set forth in this section: achieve, but not exceed, the specifica- Trawl (bottom and pelagic), hook-and- tions, particularly harvest guidelines, line, longline, pot or trap, set net (an- limited entry and open access alloca- chored gillnet or trammel net), and tions, or other approved fishery alloca- spear. tions. Annual specifications and man- agement measures are developed at two (b) Trawl gear—(1) Use. Trawl nets Council meetings and published in the may be used on and off the seabed. FEDERAL REGISTER at the beginning of Trawl nets may be fished with or with- the year, according to the standards out otter boards, and may use warps or and procedures in the PCGFMP and cables to herd fish. other applicable law. (2) Mesh size. Trawl nets may be used (c) Routine management measures. if they meet the minimum mesh sizes Management measures designated set forth in this paragraph (b)(2). The ‘‘routine’’ at § 660.323(b) may be ad- minimum sizes apply throughout the justed during the year after rec- net. Minimum trawl mesh size require- ommendation from the Council, ap- ments are met if a 20-gauge stainless proval by NMFS, and publication in steel wedge, 3.0 or 4.5 inches (7.6 or 11.4 the FEDERAL REGISTER. cm) (depending on the gear being meas- (d) Changes to the regulations. Regula- ured), less one thickness of the metal tions under this subpart may be pro- wedge, can be passed with only thumb mulgated, removed, or revised. Any pressure through at least 16 of 20 sets such action will be made according to of two meshes each of wet mesh.
MINIMUM TRAWL-MESH SIZE IN INCHES 1
Subarea Trawl conception type Vancouver Columbia Eureka Monterey
Bottom ...... 4.5 4.5 4.5 4.5 4.5 Pelagic ...... 3.0 3.0 3.0 3.0 3.0 1 Metric conversion: 3.0 inches = 7.6 cm; 4.5 inches = 11.4 cm.
(3) Chafing gear. Chafing gear may en- (5) Pelagic trawls. Pelagic trawl nets circle no more than 50 percent of the must have unprotected footropes at the net’s circumference, except as provided trawl mouth, and must not have roll- in paragraph (b)(5) of this section. No ers, bobbins, tires, wheels, rubber discs, section of chafing gear may be longer or any similar device anywhere in the than 50 meshes of the net to which it is net. Sweeplines, including the bottom attached. Except at the corners, the leg of the bridle, must be bare. For at terminal end of each section of chafing least 20 ft (6.15 m) immediately behind gear must not be connected to the net. the footrope or headrope, bare ropes or (The terminal end is the end farthest mesh of 16-inch (40.6-cm) minimum from the mouth of the net.) Chafing mesh size must completely encircle the gear must be attached outside any net. A band of mesh (a ‘‘skirt’’) may riblines and restraining straps. There encircle the net under transfer cables, is no limit on the number of sections of lifting or splitting straps (chokers), but chafing gear on a net. must be: Over riblines and restraining (4) Codends. Only single-walled straps; the same mesh size and coincide codends may be used in any trawl. Dou- knot-to-knot with the net to which it ble-walled codends are prohibited.
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is attached; and no wider than 16 counted toward the catch limitations meshes. in this section. (c) Fixed gear. (1) Fixed gear (1) Black rockfish. The trip limit for (longline, trap or pot, set net and sta- black rockfish (Sebastes melanops) for tionary hook-and-line gear, including commercial fishing vessels using hook- commercial vertical hook-and-line and-line gear between the U.S.-Canada gear) must be: border and Cape Alava (48°09′30″ N. (i) Marked at the surface, at each ter- lat.), and between Destruction Island minal end, with a pole, flag, light, (47°40′ N. lat.) and Leadbetter Point radar reflector, and a buoy, except as (46°38′10″ N. lat.), is 100 lbs (45 kg) or 30 provided in paragraph (c)(2) of this sec- percent, by weight of all fish on board, tion. whichever is greater, per vessel per (ii) Attended at least once every 7 fishing trip. days. (2) Nontrawl sablefish. This paragraph (2) Commercial vertical hook-and- (a)(2) applies to the regular and mop-up line gear that is closely tended may be seasons for the nontrawl limited entry marked only with a single buoy of suf- sablefish fishery north of 36° N. lat., ex- ficient size to float the gear. ‘‘Closely cept for paragraphs (a)(2) (ii) and (iv) of tended’’ means that a vessel is within this section, which also apply to the visual sighting distance or within 0.25 open access fishery north of 36° N. lat. nm (463 m) as determined by electronic Limited entry and open access fixed navigational equipment, of its com- gear sablefish fishing south of 36° N. mercial vertical hook-and-line gear. lat. is governed by routine manage- (3) A buoy used to mark fixed gear ment measures imposed under para- under paragraph (c)(1)(i) or (c)(2) of graph (b) of this section. this section must be marked with a (i) Sablefish endorsement. In order to number clearly identifying the owner lawfully participate in the regular, or operator of the vessel. The number auxiliary regular, or mop-up season for may be either: the nontrawl limited entry fishery, the (i) If required by applicable state law, owner of a vessel must hold (by owner- the vessel’s number, the commercial ship or otherwise) a limited entry per- fishing license number, or buoy brand mit for that vessel, affixed with both a number; or gear endorsement for longline or trap (or pot) gear, and a sablefish endorse- (ii) The vessel documentation num- ment. ber issued by the USCG, or, for an un- (ii) Pre-season closure—open access and documented vessel, the vessel registra- limited entry fisheries. (A) From 1200 tion number issued by the state. local time (l.t.), August 23, 1997, until (d) Set nets. Fishing for groundfish 1200 l.t., August 25, 1997, sablefish with set nets is prohibited in the fish- ° ′ taken with fixed gear in the limited ery management area north of 38 00 N. entry or open access fishery in the EEZ lat. north of 36° N. lat. may not be retained (e) Traps or pots. Traps must have or landed. Beginning January 1, 1998, biodegradable escape panels con- sablefish taken with fixed gear in the # structed with 21 or smaller untreated limited entry or open access fishery in cotton twine in such a manner that an the EEZ north of 36° N. lat. may not be opening at least 8 inches (20.3 cm) in di- retained or landed during the 72 hours ameter results when the twine deterio- immediately before the start of the rates. regular season for the nontrawl limited (f) Recreational fishing. The only entry sablefish fishery. types of fishing gear authorized for rec- (B) From 1200 l.t., August 23, 1997, reational fishing are hook-and-line and until 1200 l.t., August 25, 1997, all fixed spear. gear used to take and retain groundfish (g) Spears. Spears may be propelled must be out of EEZ waters north of 36° by hand or by mechanical means. N. lat. Beginning January 1, 1998, all fixed gear used to take and retain § 660.323 Catch restrictions. groundfish must be out of EEZ waters (a) Groundfish species harvested in north of 36° N. lat. during the 72 hours the territorial sea (0–3 nm) will be immediately before the opening of the
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regular season for the nontrawl limited season of the nontrawl limited entry entry sablefish fishery, except that pot sablefish fishery. Sablefish taken and gear used to take and retain groundfish retained during the auxiliary regular may be deployed and baited in the EEZ season may be possessed and landed up to 24 hours immediately before the during that 48-hour period. Gear may start of the regular season. remain in water during the 48-hour (C) From August 21, 1997 through De- post-season closure. Auxiliary regular cember 31, 1997, during the 48 hours im- season participants may not set or pull mediately before the opening of the from the water fixed gear used to take auxiliary regular season for the and retain groundfish during the 48- nontrawl limited entry sablefish fish- hour post-season closure. At the end of ery, participants in the auxiliary regu- the post season closure, the daily trip lar season may not retain or land sa- limit regime will resume. blefish, and must have all fixed gear (C) Beginning January 1, 1998, no sa- used to take and certain groundfish out blefish taken with fixed gear may be of EEZ waters. taken and retained during the 48 hours (iii) Regular season—nontrawl limited immediately after the end of the regu- . entry sablefish fishery; starting in 1998 lar season for the nontrawl limited The NMFS Regional Administrator entry sablefish fishery. Sablefish taken will announce a season for waters and retained during the regular season north of 36° N. lat. to start on any day may be possessed and landed during from August 1 through September 30, that 48-hour period. Gear may remain based on consultations with the Coun- in water during the 48-hour post-season cil, taking into account tidal condi- closure. Fishers may not set or pull tions, Council meeting dates, alter- native fishing opportunities, and indus- from the water fixed gear used to take try comments. During the regular sea- and retain groundfish during the 48- son, the limited entry nontrawl sable- hour post-season closure. At the end of fish fishery may be subject to trip lim- the post-season closure, the daily trip its to protect juvenile sablefish. The limit regime will resume. regular season will end when 70 percent (v) Mop-up season—limited entry fish- of the limited entry nontrawl alloca- ery. (A) A mop-up season to take the tion has been or is projected to be remainder of the limited entry taken. The end of the regular season nontrawl allocation will begin in wa- ° may be announced in the FEDERAL ters north of 36 N. lat. about 3 weeks REGISTER either before or during the after the end of the regular season, or regular season. as soon as practicable thereafter. Dur- (iv) Post-season closure—limited entry ing the mop-up fishery, a cumulative and open access. (A) No sablefish taken trip limit will be imposed. A cumu- with fixed gear north of 36° N. lat. may lative trip limit is the maximum be taken and retained from 1200 l.t., amount of sablefish that may be taken September 3, 1997, until 1200 l.t., Sep- and retained, possessed, or landed per tember 5, 1997. Sablefish taken and re- vessel in a specified period of time, tained during the regular season may with no limit on the number of land- be possessed and landed during this 48- ings or trips. No vessel may land more hour period. Gear may remain in water than one cumulative limit. The length during this 48-hour post-season closure. of the mop-up season and the amount Fishers may not set or pull from the of the cumulative trip limit, including water fixed gear used to take and re- the time period to which it applies, will tain groundfish during the 48-hour be determined by the Regional Admin- post-season closure. At 1200 l.t. on Sep- istrator in consultation with the Coun- tember 5, 1997, the daily trip limit re- cil or its designees, and will be based gime will resume. primarily on the amount of fish re- (B) From August 21, 1997, through De- maining in the allocation, the amount cember 31, 1997, for participants in the of sablefish needed for the remainder of auxiliary regular season, no sablefish the daily trip limit fishery, and the may be taken with fixed gear and re- number of mop-up participants antici- tained during the 48 hours immediately pated. The Regional Administrator after the end of the auxiliary regular may determine that too little of the
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nontrawl allocation remains to con- be allowed to participate in the regular duct an orderly or manageable fishery, season. There will be a 9-day auxiliary in which case there will not be a mop- regular season for permit holders up season. There will be no daily trip whose sablefish endorsements are limit fishery during the mop-up season. granted after August 25. The season At the end of the mop-up season, the will be held following the end of the ap- daily trip limit fishery will resume. peal process. The auxiliary regular sea- (B) From August 21, 1997 through De- son start date will be announced by the cember 31, 1997: No more than one mop- NMFS Regional Administrator and up cumulative limit may be landed on published in the FEDERAL REGISTER. each limited entry permit with a sable- Each vessel participating in this season fish endorsement. will have a cumulative trip limit of (vi) Other announcements; starting in 34,100 lb. No more than one regular sea- 1998. The dates and times that the reg- son cumulative limit may be landed on ular season starts and ends (and trip each limited entry permit with a sable- limits on sablefish of all sizes are re- fish endorsement. No vessel may land sumed), the dates and times for the 48- more than one cumulative limit. Each hour post-season closure, the dates and vessel is subject to the following per- times that the mop-up season begins trip limit for small sablefish: Sablefish and ends, and the size of the trip limit smaller than 56 cm (22 in) total length for the mop-up fishery will be an- may comprise no more than 1,500 lb nounced in the FEDERAL REGISTER and (680 kg) or 3 percent of all legal sable- may be modified. Unless otherwise an- fish 56 cm (22 in) (total length) or larg- nounced, these seasons will begin and er, whichever is greater. end at 12 noon on the specified date. (viii) Other announcements; from Au- (vii) Regular season and auxiliary regu- lar season; from August 21, 1997 through gust 21, 1997 through December 31, 1997. December 31, 1997—limited entry fishery. The number of days in the mop-up sea- (A) The regular season for the nontrawl son, dates and times that the auxiliary limited entry sablefish fishery north of regular, and mop-up seasons start and 36° N. lat. will start at 1200 noon, l.t. on end (and trip limits on sablefish of all August 25, 1997, and end at 1200 noon sizes are resumed), dates of the pre- l.t. on September 3, 1997. During this and post-season closures for the auxil- period, each vessel with a sablefish en- iary regular season, and the size of the dorsement on its permit will have a cu- trip limit for the mop-up season will be mulative trip limit of 34,100 lb. A cu- announced in the FEDERAL REGISTER mulative trip limit is the maximum and may be modified. Unless otherwise amount of sablefish that may be taken announced, these seasons will begin and retained, possessed, or landed per and end at 1200 l.t. on the specified vessel in a specified period of time, date. with no limit on the number of land- (3) Pacific whiting (whiting)—(i) Sea- ings or trips. No more than one regular sons. The primary seasons for the whit- season cumulative limit may be landed ing fishery are: For the shore-based on each limited entry permit with a sa- sector, the period(s) when the large- blefish endorsement. No vessel may scale target fishery is conducted (when land more than one cumulative limit. trip limits under paragraph (b) of this Each vessel is subject to the following section are not in effect); for catcher/ per-trip limit for small sablefish: Sa- processors, the period(s) when at-sea blefish smaller than 56 cm (22 in) total processing is allowed and the fishery is length may comprise no more than open for the catcher/processor sector; 1,500 lb (680 kg) or 3 percent of all legal and for vessels delivering to sablefish 56 cm (22 in) (total length) or motherships, the period(s) when at-sea larger, whichever is greater. There will processing is allowed and the fishery is be no daily trip limit fishery during open for the mothership sector. Before the regular season. and after the primary seasons, trip (B) Permit holders whose applica- landing or frequency limits may be im- tions for sablefish endorsements are posed under paragraph (b) of this sec- under administrative appeal at the tion. The sectors are defined at para- time the regular season begins will not graph (a)(4) of this section.
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(A) North of 40°30’ N. lat. Different 124°11′ W. long. (Columbia River Buoy), starting dates may be established for then northeast along Red Buoy Line to the catcher/processor sector, the the tip of the south jetty. mothership sector, catcher vessels de- (iii) Eureka area trip limits. Trip land- livering to shoreside processors north ing or frequency limits may be estab- of 42° N. lat., and catcher vessels deliv- lished, modified, or removed under ering to shoreside processors between § 660.321 or § 660.323, specifying the 42°–40°30’ N. lat. amount of Pacific whiting that may be (1) Procedures. The primary seasons taken and retained, possessed, or land- for the whiting fishery north of 40°30’ ed by a vessel that, at any time during N. lat. generally will be established ac- a fishing trip, fished in the fishery cording to the procedures in the management area shoreward of the 100- PCGFMP for developing and imple- fathom (183-m) contour (as shown on menting annual specifications and ap- NOAA Charts 18580, 18600, and 18620) in portionments. The season opening the Eureka area (from 43°00′ to 40°30′ N. dates remain in effect unless changed, lat.). but will be announced annually, gen- (iv) At-sea processing. Whiting may erally with the annual specifications not be processed at sea south of 42°00’ and management measures. N. lat. (Oregon-California border), un- (2) Criteria. The start of a primary less by a waste-processing vessel as au- season may be changed based on a rec- thorized under paragraph (a)(4)(vii) of ommendation from the Council and this section. consideration of the following factors, (v) Time of day. Pacific whiting may if applicable: Size of the harvest guide- not be taken and retained by any ves- lines for whiting and bycatch species; sel in the fishery management area age/size structure of the whiting popu- south of 42°00′ N. lat. between 0001 lation; expected harvest of bycatch and hours to one-half hour after official prohibited species; availability and sunrise (local time). During this time stock status of prohibited species; ex- south of 42°00′ N. lat., trawl doors must pected participation by catchers and be on board any vessel used to fish for processors; environmental conditions; whiting and the trawl must be at- timing of alternate or competing fish- tached to the trawl doors. Official sun- eries; industry agreement; fishing or rise is determined, to the nearest 5° processing rates; and other relevant in- lat., in The Nautical Almanac issued an- formation. nually by the Nautical Almanac Office, (B) South of 40°30’ N. lat. The primary U.S. Naval Observatory, and available season starts on April 15 south of 40°30’ from the U.S. Government Printing Of- N. lat. fice. (ii) Closed areas. Pacific whiting may (4) Whiting—allocation—(i) Sectors and not be taken and retained in the fol- allocations. The commercial harvest lowing portions of the fishery manage- guideline for whiting is allocated ment area: among three sectors, as follows. (A) Klamath River Salmon Conservation (A) Sectors. The catcher/processor sec- Zone. The ocean area surrounding the tor is composed of catcher/processors, Klamath River mouth bounded on the which are vessels that harvest and north by 41°38′48″ N. lat. (approxi- process whiting during a calendar year. mately 6 nm north of the Klamath The mothership sector is composed of River mouth), on the west by 124°23′ W. motherships and catcher vessels that long. (approximately 12 nm from harvest whiting for delivery to shore), and on the south by 41°26′48″ N. motherships. Motherships are vessels lat. (approximately 6 nm south of the that process, but do not harvest, whit- Klamath River mouth). ing during a calendar year. The shore- (B) Columbia River Salmon Conserva- side sector is composed of vessels that tion Zone. The ocean area surrounding harvest whiting for delivery to shore- the Columbia River mouth bounded by based processors. a line extending for 6 nm due west from (B) Allocations. The allocations are: 34 North Head along 46°18′ N. lat. to percent for the catcher/processor sec- 124°13′18″ W. long., then southerly along tor; 24 percent for the mothership sec- a line of 167 True to 46°11′06″ N. lat. and tor; and 42 percent for the shoreside
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sector. No more than 5 percent of the on board before at-sea processing was shoreside allocation may be taken and prohibited. retained south of 42° N. lat. before the (B) Mothership sector. (1) Further re- start of the primary season north of 42° ceiving or at-sea processing of whiting N. lat. These allocations are harvest by a mothership is prohibited. No addi- guidelines unless otherwise announced tional unprocessed whiting may be in the FEDERAL REGISTER. brought on board after at-sea process- (ii) Additional restrictions on catcher/ ing is prohibited, but a mothership processors. may continue to process whiting that (A) A catcher/processor may receive was on board before at-sea processing fish from a catcher vessel, but that was prohibited. catch is counted against the catcher/ (2) Whiting may not be taken and re- processor allocation unless the catcher/ tained, possessed, or landed by a catch- processor has been declared as a er vessel participating in the mothership under paragraph mothership sector. (a)(4)(ii)(C) of this section. (C) Shoreside sector. Whiting may not (B) A catcher/processor may not also be taken and retained, possessed, or act as a catcher vessel delivering un- landed by a catcher vessel participat- processed whiting to another processor ing in the shoreside sector except as in the same calendar year. authorized under a trip limit specified (C) When renewing its limited entry under § 660.323(b). permit each year under § 660.333, the (D) Shoreside south of 42° N. lat. If 5 owner of a catcher/processor used to percent of the shoreside allocation for take and retain whiting must declare if whiting is taken and retained south of the vessel will operate solely as a 42° N. lat. before the primary season for mothership in the whiting fishery dur- the shoreside sector begins north of 42° ing the calendar year to which its lim- N. lat., then a trip limit specified under ited entry permit applies. Any such paragraph (b) of this section may be declaration is binding on the vessel for implemented south of 42° N. lat. until the calendar year, even if the permit is the northern primary season begins, at transferred during the year, unless it is which time the southern primary sea- rescinded in response to a written re- son would resume. quest from the permit holder. Any re- (iv) Reapportionments. That portion of quest to rescind a declaration must a sector’s allocation that the Regional made by the permit holder and granted Director determines will not be used by in writing by the Regional Director be- the end of the fishing year shall be fore any unprocessed whiting has been made available for harvest by the other taken on board the vessel that calendar sectors, if needed, in proportion to year. their initial allocations, on September (iii) Reaching an allocation. If the 15 or as soon as practicable thereafter. whiting harvest guideline, commercial NMFS may release whiting again at a harvest guideline, or a sector’s alloca- later date to ensure full utilization of tion is reached, or is projected to be the resource. Whiting not needed in the reached, the following action(s) for the fishery authorized under § 660.324 also applicable sector(s) may be taken as may be made available. provided under paragraph (a)(4)(vi) of (v) Estimates. Estimates of the this section and will remain in effect amount of whiting harvested will be until additional amounts are made based on actual amounts harvested, available the next fishing year or under projections of amounts that will be paragraph (a)(4)(iv) of this section. harvested, or a combination of the two. (A) Catcher/processor sector. Further Estimates of the amount of whiting taking and retaining, receiving, or at- that will be used by shoreside proc- sea processing of whiting by a catcher/ essors by the end of the fishing year processor is prohibited. No additional will be based on the best information unprocessed whiting may be brought available to the Regional Director on board after at-sea processing is pro- from state catch and landings data, the hibited, but a catcher/processor may survey of domestic processing capacity continue to process whiting that was and intent, testimony received at
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Council meetings, and/or other rel- and gutted fish (head and viscera re- evant information. moved). (vi) Announcements. The Assistant (B) The amount of whole whiting on Administrator will announce in the board does not exceed the trip limit (if FEDERAL REGISTER when a harvest any) allowed under paragraph (b) of guideline, commercial harvest guide- this section. line, or an allocation of whiting is (C) Any trawl net and doors on board reached, or is projected to be reached, are stowed in a secured and covered specifying the appropriate action being manner, and detached from all towing taken under paragraph (a)(4)(iii) of this lines, so as to be rendered unusable for section. The Regional Director will an- fishing. nounce in the FEDERAL REGISTER any (D) The vessel does not receive reapportionment of surplus whiting to codends containing fish. other sectors on September 15, or as (E) The vessel’s operations are con- soon as practicable thereafter. In order sistent with applicable state and Fed- to prevent exceeding the limits or to eral law, including those governing dis- avoid underutilizing the resource, pro- posal of fish waste at sea. hibitions against further taking and re- (b) Routine management measures. In taining, receiving, or at-sea processing addition to the catch restrictions in of whiting, or reapportionment of sur- this section, other catch restrictions plus whiting may be made effective im- that are likely to be adjusted on an an- mediately by actual notice to fisher- nual or more frequent basis may be im- men and processors, by phone, fax, posed and announced by a single notifi- Northwest Region computerized bul- cation in the FEDERAL REGISTER if they letin board (contact 206–526–6128), let- first have been designated as ‘‘routine’’ ter, press release, and/or U.S. Coast according to the applicable procedures Guard Notice to Mariners (monitor in the PCGFMP. The following catch channel 16 VHF), followed by publica- restrictions are designated as routine tion in the FEDERAL REGISTER, in for the reasons given in paragraph which instance public comment will be (b)(1)(ii) of this section: sought for a reasonable period of time (1) Commercial-limited entry and open thereafter. If insufficient time exists to access fisheries— consult with the Council, the Regional (i) Species and gear. (A) Widow rock- Director will inform the Council in fish—all gear—trip landing and fre- writing of actions taken. quency limits. (vii) Processing fish waste at sea. A (B) Sebastes complex—all gear—trip vessel that processes only fish waste (a landing and frequency limits. ‘‘waste-processing vessel’’) is not con- (C) Yellowtail rockfish—all gear— sidered a whiting processor and there- trip landing and frequency limits. fore is not subject to the allocations, (D) Pacific ocean perch—all gear— seasons, or restrictions for catcher/ trip landing and frequency limits. processors or motherships while it op- erates as a waste-processing vessel. (E) Sablefish—all gear—trip landing, However, no vessel may operate as a frequency, and size limits. waste-processing vessel 48 hours imme- (F) Dover sole—all gear—trip landing diately before and after a primary sea- and frequency limits. son for whiting in which the vessel op- (G) Thornyheads (shortspine erates as a catcher/processor or thornyheads or longspine thornyheads, mothership. A vessel must meet the separately or combined)—all gear—trip following conditions to qualify as a landing and frequency limits. waste-processing vessel: (H) Bocaccio—all gear—trip landing (A) The vessel makes meal (ground and frequency limits. dried fish), oil, or minced (ground (I) Pacific whiting—all gear—trip flesh) product, but does not make, and landing and frequency limits. does not have on board, surimi (fish (J) Lingcod—all gear—trip landing paste with additives), fillets (meat and frequency limits; size limits. from the side of the fish, behind the (K) Canary rockfish—all gear—trip head and in front of the tail), or headed landing and frequency limits.
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(L) All groundfish, separately or in (3) Dungeness crab caught seaward of any combination—any legal open ac- Washington or Oregon. cess gear (including non-groundfish [61 FR 34572, July 2, 1996; 61 FR 37843, July 22, trawl gear used to harvest pink shrimp, 1996; 61 FR 48643, Sept. 16, 1996; 62 FR 27522, spot or ridgeback prawns, California May 20, 1997; 62 FR 45356, Aug. 27, 1997] halibut or sea cucumbers in accordance with the regulations in this subpart)— § 660.324 Pacific Coast treaty Indian trip landing and frequency limits. (Size fisheries. limits designated routine in this sec- (a) Pacific Coast treaty Indian tribes tion continue to apply.) have treaty rights to harvest ground- (ii) Reasons for ‘‘routine’’ management fish in their usual and accustomed fish- measures. All routine management ing areas in U.S. waters. measures on commercial fisheries are (b) For the purposes of this part, Pa- intended to keep landings within the cific Coast treaty Indian tribes means harvest levels announced by NMFS. In the Hoh, Makah, and Quileute Indian addition, the following reasons apply: Tribes and the Quinault Indian Nation. (A) Trip landing and frequency lim- (c) The Pacific Coast treaty Indian its—to extend the fishing season; to tribes’ usual and accustomed fishing minimize disruption of traditional fish- areas within the fishery management ing and marketing patterns; to reduce area (FMA) are set out below in para- discards; to discourage target fishing graphs (c)(1) through (c)(4) of this sec- while allowing small incidental catches tion. Boundaries of a tribe’s fishing area may be revised as ordered by a to be landed; to allow small fisheries to Federal court. operate outside the normal season; (1) Makah—That portion of the FMA and, for the open access fishery only, north of 48°02′15″ N. lat. (Norwegian to maintain landings at the historical Memorial) and east of 125°44′00″ W. proportions during the 1984–88 window long. period. (2) Quileute—That portion of the FMA (B) Size limits—to protect juvenile between 48°07′36″ N. lat. (Sand Point) fish; to extend the fishing season. and 47°31′42″ N. lat. (Queets River) and (2) Recreational—(i) Species and gear. east of 125°44′00″ W. long. (A) Lingcod—all gear—bag and size (3) Hoh—That portion of the FMA be- limits. tween 47°54′18″ N. lat. (Quillayute (B) Rockfish—all gear—bag limits. River) and 47°21′00″ N. lat. (Quinault (ii) Reasons for ‘‘routine’’ management River) and east of 125°44′00″ W. long. measures. All routine management (4) Quinault—That portion of the measures on recreational fisheries are FMA between 47°40′06″ N. lat. (Destruc- intended to keep landings within the tion Island) and 46°53′18″ N. lat. (Point harvest levels announced by NMFS. In Chehalis) and east of 125°44′00″ W. long. addition, the following reasons apply: (d) Procedures. The rights referred to (A) Bag limits—to spread the avail- in paragraph (a) of this section will be able catch over a large number of an- implemented by the Secretary, after glers; to avoid waste; for consistency consideration of the tribal request, the with state regulations. recommendation of the Council, and (B) Size limits—to protect juvenile the comments of the public. The rights fish; to enhance the quality of the rec- will be implemented either through an reational fishing experience; for con- allocation of fish that will be managed sistency with state regulations. by the tribes, or through regulations in this section that will apply specifically (c) Prohibited species. Groundfish spe- to the tribal fisheries. An allocation or cies or species groups under the a regulation specific to the tribes shall PCGFMP for which quotas have been be initiated by a written request from achieved and the fishery closed are pro- a Pacific Coast treaty Indian tribe to hibited species. In addition, the follow- the Regional Director, prior to the first ing are prohibited species: of the Council’s two annual groundfish (1) Any species of salmonid. meetings. The Secretary generally will (2) Pacific halibut. announce the annual tribal allocation
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at the same time as the annual speci- midwater trawl gear to take and retain fications. The Secretary recognizes the groundfish for which there is no tribal sovereign status and co-manager role allocation and will be subject to the of Indian tribes over shared Federal trip landing and frequency and size and tribal fishery resources. Accord- limits applicable to the limited entry ingly, the Secretary will develop tribal fishery. allocations and regulations under this paragraph in consultation with the af- § 660.331 Limited entry and open ac- fected tribe(s) and, insofar as possible, cess fisheries—general. with tribal consensus. All commercial fishing for groundfish (e) Identification. A valid treaty In- must be conducted in accordance with dian identification card issued pursu- the regulations governing limited ant to 25 CFR part 249, subpart A, is entry and open access fisheries, except prima facie evidence that the holder is a such fishing by treaty Indian tribes as member of the Pacific Coast treaty In- may be separately provided for. dian tribe named on the card. (f) A limited entry permit under sub- § 660.332 Allocations. part C is not required for participation in a tribal fishery described in para- (a) General. The commercial portion graph (d) of this section. of the Pacific Coast groundfish fishery, (g) Fishing under this section by a excluding the treaty Indian fishery, is member of a Pacific Coast treaty In- divided into limited entry and open ac- dian tribe within their usual and accus- cess fisheries. Separate allocations for tomed fishing area is not subject to the the limited entry and open access fish- provisions of other sections of this eries will be established annually for part. certain species and/or areas using the (h) Any member of a Pacific Coast procedures described in this subpart or treaty Indian tribe must comply with the PCGFMP. this section, and with any applicable (1) Limited entry allocation. The allo- tribal law and regulation, when partici- cation for the limited entry fishery is pating in a tribal groundfish fishery de- the allowable catch (harvest guideline scribed in paragraph (d) of this section. or quota excluding set asides for rec- (i) Fishing by a member of a Pacific reational or tribal Indian fisheries) Coast treaty Indian tribe outside the minus the allocation to the open access applicable Indian tribe’s usual and ac- fishery. customed fishing area, or for a species (2) Open access allocation. The alloca- of groundfish not covered by an alloca- tion for the open access fishery is de- tion or regulation under this section, is rived by applying the open access allo- subject to the regulations in the other cation percentage to the annual har- sections of this part. vest guideline or quota after subtract- (j) Black rockfish. Harvest guidelines ing any set asides for recreational or for commercial harvests of black rock- tribal Indian fisheries. For manage- fish by members of the Pacific Coast ment areas where quotas or harvest Indian tribes using hook and line gear guidelines for a stock are not fully uti- will be established annually for the lized, no separate allocation will be es- areas between the U.S.-Canadian bor- tablished for the open access fishery der and Cape Alava (48°09′30″ N. lat.) until it is projected that the allowable and between Destruction Island catch for a species will be reached. (47°40′00″ N. lat.) and Leadbetter Point (b) Open access allocation percentage. (46°38′10″ N. lat.), in accordance with For each species with a harvest guide- the procedures for implementing an- line or quota, the initial open access nual specifications. Pacific Coast trea- allocation percentage is calculated by: ty Indians fishing for black rockfish in (1) Computing the total catch for these areas under these harvest guide- that species during the window period lines are subject to the provisions in by any vessel that does not initially re- this section, and not to the restrictions ceive a limited entry permit. in other sections of this part. (2) Dividing that amount by the total (k) Groundfish without a tribal alloca- catch during the window period by all tion. Makah tribal members may use gear.
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(3) The guidelines in this paragraph § 660.333 Limited entry fishery-gen- (b)(3) apply to recalculation of the open eral. access allocation percentage. Any re- (a) General. Participation in the lim- calculated allocation percentage will ited entry fishery requires that the be used in calculating the following owner of a vessel hold (by ownership or year’s open access allocation. If a gear otherwise) a limited entry permit af- type is prohibited by a state or the fixed with a gear endorsement reg- Secretary and a vessel thereby quali- istered for use with that vessel for the fies for a limited entry permit under gear being fished. A sablefish endorse- this subpart, or if a small limited entry ment is also required for a vessel to fleet is incorporated into the limited participate in the regular and/or mop- entry fishery under § 660.338, the win- up seasons for the nontrawl, limited dow-period catch of these vessels will entry sablefish fishery, north of 36° N. be deducted from the open access fish- lat. There are three types of gear en- ery’s historical catch levels and the dorsements: ‘‘A,’’ ‘‘Provisional A,’’ and open access allocation percentage re- ‘‘Designated species B.’’ More than one calculated accordingly. type of gear endorsement may be af- (c) Catch accounting between the lim- fixed to a limited entry permit. While ited entry and open access fisheries. Any the limited entry fishery is open, ves- groundfish caught by a vessel with a sels fishing under limited entry per- limited entry permit will be counted mits may also fish with open access against the limited entry allocation gear; except that during a period when the limited entry fixed gear sablefish while the limited entry fishery for that fishery is limited to those vessels with vessel’s limited entry gear is open. sablefish endorsements, a longline or When the fishery for a vessel’s limited pot (or trap) limited entry permit hold- entry gear has closed, groundfish er without a sablefish endorsement caught by that vessel with open access may not fish for sablefish with open ac- gear will be counted against the open cess gear. access allocation. All groundfish (b) Renewal of limited entry permits caught by vessels without limited and gear endorsements. entry permits will be counted against (1) Limited entry permits expire at the open access allocation. the end of each calendar year, and (d) Additional guidelines. Additional must be renewed between October 1 and guidelines governing determination of November 30 of each year in order to the limited entry and open access allo- remain in force the following year. cations are in the PCGFMP. (2) Notification to renew limited (e) Treaty Indian fisheries. Certain entry permits will be issued by FMD amounts of groundfish may be set aside prior to September 1 each year to the annually for tribal fisheries prior to di- most recent address of the permit viding the balance of the allowable owner. The permit owner shall provide catch between the limited entry and FMD with notice of any address change open access fisheries. Tribal fisheries within 15 days of the change. conducted under a set-aside are not (3) A limited entry permit that is al- subject to the regulations governing lowed to expire will not be renewed un- limited entry and open access fisheries. less the FMD determines that failure (f) Recreational fisheries. Recreational to renew was proximately caused by fishing for groundfish is outside the the illness, injury, or death of the per- scope of, and not affected by, the regu- mit owner. lations governing limited entry and (c) Transfer and registration of limited open access fisheries. Certain amounts entry permits and gear endorsements. (1) of groundfish may be specifically allo- Upon transfer of a limited entry per- cated to the recreational fishery, and mit, the FMD will reissue the permit in the name of the new permit holder will be set aside prior to dividing the with such gear and, if applicable, spe- commercial allocation between the cies endorsements as are eligible for commercial limited entry and open ac- transfer with the permit. No transfer is cess fisheries. effective until the limited entry permit
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has been reissued and is in the posses- quest or acquire, may also be consid- sion of the new permit holder. ered. (2) A limited entry permit may not (e) Initial decisions. Initial decisions be used with a vessel unless it is reg- regarding issuance, renewal, transfer, istered for use with that vessel. Lim- and registration of limited entry per- ited entry permits will normally be mits, and endorsement upgrade, will be registered for use with a particular ves- made by the FMD. sel at the time the permit is issued, re- Adverse decisions shall be in writing newed, transferred, or replaced. A per- and shall state the reasons therefor. mit not registered for use with a par- The FMD may decline to act on an ap- ticular vessel may not be used. If the plication for issuance, renewal, trans- permit will be used with a vessel other fer, or registration of a limited entry than the one registered on the permit, permit if the permit sanction provi- a registration for use with the new ves- sions of the Magnuson Act at 16 U.S.C. sel must be obtained from the FMD and 1858(a) and implementing regulations placed aboard the vessel before it is at 15 CFR part 904, subpart D, apply. used under the permit. (f) Transfers. Limited entry permits (3) Application forms for the transfer are transferable as follows: and registration of limited entry per- (1) The permit owner may transfer mits are available from the FMD (see (by sale, assignment, lease, bequest, in- part 600 for address of the Regional Di- testate succession, barter, trade, gift, rector). Contents of the application, or other form of conveyance) the lim- and required supporting documenta- ited entry permit to a different person. tion, are specified in the application The permit holder may register the form. permit for use with a different vessel (4) The FMD will maintain records of under the same ownership, subject to all limited entry permits that have the conditions set forth in this subpart. been issued, renewed, transferred, reg- istered, or replaced. (2) Gear endorsements may not be transferred separately from the limited (d) Evidence and burden of proof. A vessel owner (or person holding limited entry permit. entry rights under the express terms of (3) Except as provided in §§ 660.335(b), a written contract) applying for issu- 660.336(b), and 660.337(b)(2), only ‘‘A’’ ance, renewal, transfer, or registration gear endorsements remain valid with of a limited entry permit has the bur- the transfer of a limited entry permit. den of submitting evidence that the (g) Eligibility. Only a person eligible qualification requirements are met. to own a documented vessel under the The owner of a permit endorsed for terms of 46 U.S.C. 12102(a) may be is- longline or trap (or pot) gear applying sued or may hold (by ownership or oth- for a sablefish endorsement under erwise) a limited entry permit. § 660.336(c)(2) has the burden of submit- (h) Vessel size endorsements—(1) Gen- ting evidence that the qualification re- eral. The limited entry permit will be quirements for a sablefish endorsement endorsed with the LOA for the size of are met. The following evidentiary the vessel that initially qualified for standards apply: the permit, except: (1) A certified copy of the current (i) If the permit was initially issued vessel document (USCG or state) is the under section 14.3.2.3.8 of the FMP [re best evidence of vessel ownership and pre-1991 replacement vessels qualifying LOA. for ‘‘provisional A’’ permits] for a re- (2) A certified copy of a state fish re- placement vessel that was more than 5 ceiving ticket is the best evidence of a ft (1.52 m) longer than the replaced ves- landing, and of the type of gear used. sel, the permit will be endorsed for the (3) A copy of a written contract re- size of the replacement vessel. serving or conveying limited entry (ii) If the permit was initially issued rights is the best evidence of reserved to a replacement trawl vessel that was or acquired rights. more than 5 ft (1.52 m) shorter than the (4) Such other relevant, credible evi- replaced vessel, it will be endorsed for dence as the applicant may submit, or the size of the smaller replacement the FMD or the Regional Director re- vessel.
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(iii) If the permit is registered for use in the endorsement, except for sable- with a trawl vessel that is more than 5 fish harvested north of 36° N. lat. dur- ft (1.52 m) shorter than the size for ing times and with gears for which a which the permit is endorsed, it will be sablefish endorsement is required. See endorsed for the size of the smaller ves- § 660.336 for provisions regarding sable- sel. fish endorsement requirements. (iv) When permits are combined into (b) An ‘‘A’’ endorsement is transfer- one permit to be registered for use with able with the limited entry permit to a vessel requiring a larger size endorse- another person, or a different vessel ment, the new permit will be endorsed under the same ownership under for the size of the larger vessel. § 660.333. (2) Limitations of size endorsements—(i) (c) An ‘‘A’’ endorsement expires on A limited entry permit endorsed only failure to renew the limited entry per- for gear other than trawl gear may be mit to which it is affixed (see § 660.333). registered for use with a vessel up to 5 ft (1.52 m) longer than, the same length [61 FR 34572, July 2, 1996, as amended at 62 as, or any length shorter than, the size FR 34674, June 27, 1997] endorsed on the existing permit with- § 660.335 Limited entry permits—’’Pro- out requiring a combination of permits visional A’’ endorsement. under paragraph (i) of this section or a change in the size endorsement. (a) A ‘‘provisional A’’ endorsement (ii) A limited entry permit endorsed entitles the holder to participate in the for trawl gear may be registered for use limited entry fishery for all groundfish with a vessel between 5 ft (1.52 m) species with the type(s) of limited shorter and 5 ft (1.52 m) longer than the entry gear specified in the endorse- size endorsed on the existing permit ment, except for sablefish harvested without requiring a combination of north of 36° N. lat. during times and permits under paragraph (i) of this sec- with gears for which a fixed gear sable- tion or a change in the size endorse- fish endorsement is required. See ment under paragraph (h)(1)(iii) of this § 660.336 for provisions regarding sable- section. fish endorsement requirements. (iii) Two or more limited entry per- (b) A ‘‘provisional A’’ endorsement is mits with ‘‘A’’ gear endorsements for not transferrable except as specified in the same type of limited entry gear the PCGFMP. may be combined and reissued as a sin- (c) The holder of a ‘‘provisional A’’ gle permit with a larger size endorse- endorsement must comply with the re- ment. With respect to permits endorsed quirements set out in the PCGFMP at for nontrawl limited entry gear, a sa- 14.3.2.4 in order for the permit to be up- blefish endorsement will be issued for graded to an ‘‘A’’ permit. the new permit only if all of the per- (d) A ‘‘provisional A’’ endorsement mits being combined have sablefish en- expires at the end of any of the three dorsements. The vessel harvest capac- consecutive 365-day periods (during the ity rating for each of the permits being 3-year qualifying period) in which a combined is that indicated in Table 2 of vessel’s landings do not meet the appli- this part for the LOA (in feet) endorsed cable landing requirement or upon fail- on the respective limited entry permit. ure to renew the limited entry permit. (i) Limited entry permits indivisible. A ‘‘provisional A’’ endorsement that Limited entry permits may not be di- expires will not be reissued. vided for use by more than one vessel. [61 FR 34572, July 2, 1996, as amended at 62 [61 FR 34572, July 2, 1996, as amended at 62 FR 34674, June 27, 1997] FR 34674, June 27, 1997] § 660.336 Limited entry permits—sable- § 660.334 Limited entry permits—’’A’’ fish endorsement. endorsement. (a) General. Participation in the lim- (a) A limited entry permit with an ited entry fixed gear sablefish fishery ‘‘A’’ endorsement entitles the holder to during the ‘‘regular’’ or ‘‘mop-up’’ sea- participate in the limited entry fishery son described in § 660.323 (a)(2)(iii) and for all groundfish species with the (iv) north of 36° N. lat., requires that an type(s) of limited entry gear specified owner of a vessel hold (by ownership or
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otherwise) a limited entry permit, reg- permit. Only sablefish catch regulated istered for use with that vessel, with a by this part that was taken with longline or trap (or pot) endorsement longline or fish trap (or pot) gear will and a sablefish endorsement. During a be considered in calculating permit period when the limited entry sablefish catch histories. Sablefish harvested il- fishery is restricted to those limited legally or landed illegally will not be entry vessels with sablefish endorse- considered. ments, a vessel with a longline or pot (2) The sablefish endorsement quali- limited entry permit but without a sa- fying criteria are: At least 16,000 lb blefish endorsement cannot be used to (7,257.5 kg) round weight of sablefish harvest sablefish in the open access caught with longline or trap (or pot) fishery, even with open access gear. gear in one calendar year from 1984 (1) A sablefish endorsement will be through 1994. All catch must be sable- affixed to the permit and will remain fish managed under this part. Sablefish valid when the permit is transferred. taken in tribal set-aside fisheries does (2) A sablefish endorsement is not not qualify. separable from the limited entry per- (c) Issuance process. (1) The FMD will mit, and therefore may not be trans- notify each limited entry, fixed gear ferred separately from the limited permit owner by letter of qualification entry permit. status whether Pacific States Marine (b) Endorsement qualifying criteria. A Fisheries Commission’s Pacific Fish- sablefish endorsement will be affixed to eries Information Network (PacFIN) any limited entry permit that meets records indicate that his permit quali- the sablefish endorsement qualifying fies for a sablefish endorsement. A per- criteria. son whose permit qualifies based on (1) Permit catch history will be used PacFIN information will be issued a re- to determine whether a permit meets vised limited entry permit with a sa- the qualifying criteria for a fixed gear blefish endorsement, upon payment of sablefish endorsement. Permit catch a one-time processing fee. history includes the catch history of (2) If the permit owner receives a let- the vessel(s) that initially qualified for ter of qualification status from the the permit, and subsequent catch his- FMD indicating that PacFIN records tories accrued when the limited entry do not show that his or her permit permit or permit rights were associ- qualifies for a sablefish endorsement ated with other vessels. If the current and if the permit owner believes that permit is the result of the combination there is sufficient evidence to show of multiple permits, then for the com- that his or her permit does qualify for bined permit to qualify for an endorse- an endorsement, that permit holder ment, at least one of the permits that must submit information to the FMD were combined must have had suffi- to demonstrate that the permit does cient sablefish history to qualify for an qualify for a sablefish endorsement endorsement; or the permit must qual- within 30 days of the issuance of the ify based on catch occurring after it FMD’s letter of qualification status. was combined, but taken within the Section 660.333(d) sets out the relevant qualifying period. The catch history of evidentiary standards and burden of a permit also includes the catch of any proof. interim permit held by the current (3) After review of the evidence sub- owner of the permit during the appeal mitted under § 660.336(c)(2), and any ad- of an initial NMFS decision to deny the ditional information the FMD finds to initial issuance of a limited entry per- be relevant, the FMD will notify a per- mit, but only if the appeal for which an mit owner if the permit qualifies for a interim permit was issued was lost by sablefish endorsement. A person whose the appellant, and the owner’s current permit qualifies will be issued a revised permit was used by the owner in the limited entry permit with a sablefish 1995 limited entry sablefish fishery. endorsement upon payment of the one- The catch history of an interim permit time processing fee. where the full ‘‘A’’ permit was ulti- (4) After review of the evidence sub- mately granted will also be considered mitted under § 660.336(c)(2), and any ad- part of the catch history of the ‘‘A’’ ditional information the FMD finds to
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be relevant, the FMD will notify a per- to domestic processors will be issued in mit owner of his determination that numbers necessary to reach but not ex- the permit does not qualify for a sable- ceed the harvest guideline or quota. fish endorsement. ‘‘Designated species B’’ endorsements (5) If permit holder wishes to file an also may be issued for delivery to for- appeal of the determination under eign processors of designated species § 660.336(c)(4), the appeal must be filed for which a JVP is established. If, at with the Regional Administrator with- any time during the fishing year, the in 30 days of the issuance of the letter FMD determines that any part of the (at § 660.336(c)(4)). The appeal must be limited entry fleet commitment will in writing and must allege facts or cir- not be taken, the Regional Director cumstances, and include credible evi- dence, demonstrating why the permit will make a reapportionment to the (or interim permit) qualifies for the sa- ‘‘designated species B’’ endorsement blefish endorsement. The appeal of a catch limit. The amount of the annual denial of a sablefish endorsement will limited entry fleet commitment, ‘‘des- not be referred to the Council for a rec- ignated species B’’ endorsement catch ommendation under § 660.340(e). limit, and the amounts and timing of (6) Absent good cause for further any reapportionments to the ‘‘des- delay, the Regional Administrator will ignated species B’’ endorsement catch issue a written decision on the appeal limit will be announced in the FEDERAL within 45 days of receipt of the appeal. REGISTER. The Regional Administrator’s decision (3) Procedure for issuance. Owners of is the final administrative decision of vessels applying for ‘‘designated spe- the Department of Commerce as of the cies B’’ endorsements must apply on or date of the decision. before November 1 of each year for a [62 FR 34674, June 27, 1997] ‘‘designated species B’’ endorsement for the following year. Applications are § 660.337 Limited entry permits—‘‘des- available from the FMD. Applicants ignated species B’’ endorsement. are required to specify their commit- (a) Issuance criteria—(1) General. Des- ments for delivery of the designated ignated species means Pacific whiting, species for the coming year. On or jack mackerel north of 39° N. lat., and about November 1 of each year, the shortbelly rockfish. Bycatch allow- FMD will establish a prioritized list of ances in fisheries for these species will applicants based on seniority (number be established using the procedures of years the vessel has fished for the specified for incidental allowances in designated species). A vessel which re- joint venture and foreign fisheries in places a lost vessel, consistent with the the PCGFMP. standards in the PCGFMP, has the (2) Catch limit. On or about October 1 same seniority status as the replaced of each year, the FMD will determine vessel. Vessels with equal seniority the commitment of persons with lim- will be ranked equally. ‘‘Designated ited entry permits with ‘‘A’’ gear en- species B’’ endorsements will be issued dorsements (the ‘‘limited entry fleet’’) first to all vessels with the highest se- to harvest each designated species for delivery to domestic processors during niority, then to those with the next the coming year. ‘‘Commitment’’ highest seniority, and so on down the means a permit holder’s contract or list. No further endorsements will be agreement with a specific domestic issued when it is estimated that the processor to deliver an estimated commitments of applicants receiving amount of the designated species. The endorsements is sufficient to take the ‘‘designated species B’’ endorsement ‘‘designated species B’’ catch limit. If catch limit is the harvest guideline or there are insufficient commitments by quota for the designated species minus senior applicants to take the ‘‘des- the commitment of the limited entry ignated species B’’ catch limit, addi- fleet. If the commitment is less than tional applications will be ranked by DAP and the harvest guideline or lottery and a number of endorsements quota for the species, ‘‘designated spe- sufficient to take the catch limit will cies B’’ endorsements valid for delivery be issued.
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(b) Attributes. (1) A limited entry per- endorsement will be issued. Permits is- mit with a ‘‘designated species B’’ en- sued under this section will be issued dorsement entitles the permit recipi- according to the procedures and stand- ent to fish only for the species, and ards set out in the PCGFMP and will only with the gear, specified in the en- carry the rights explained therein. dorsement. (c) An owner of a vessel that qualifies (2) A ‘‘designated species B’’ endorse- under this section must apply to the ment is not transferable to another FMD for a permit within 180 days of in- person, and may not be used with a dif- corporation of the limited entry fleet ferent vessel under the same owner- of which the vessel is a part or within ship, unless the vessel has been totally 180 days of the effective date of the pro- lost and replaced consistent with the hibition of that vessel’s gear. Untimely provisions of the PCGFMP, in which applications will be rejected unless the case the replacement vessel has the applicant demonstrates that cir- same seniority as the lost vessel for cumstances beyond the applicant’s con- purposes of a ‘‘designated species B’’ trol prevented submission of the appli- endorsement. cation during the specified period. Ill- (3) A ‘‘designated species B’’ endorse- ness, injury, or death of the potential ment is valid only for the fishing year applicant are the primary grounds on for which it is issued. which untimely applications may be accepted. § 660.338 Limited entry permits—new permits. § 660.339 Limited entry permit fees. (a) Small limited entry fisheries that The Regional Director will charge are controlled by a local government, fees to cover administrative expenses are in existence as of July 11, 1991, and related to issuance of limited entry have negligible impacts on the ground- permits, including initial issuance, re- fish resource, may be certified as con- newal, transfer, vessel registration, re- sistent with the goals and objectives of placement, and appeals. The appro- the limited entry program and incor- priate fee must accompany each appli- porated into the limited entry fishery. cation. Permits issued under this subsection will be issued according to the stand- § 660.340 Limited entry permit ap- ards and procedures set out in the peals. PCGFMP and will carry the rights ex- (a) Decisions on appeals of initial de- plained therein. Window period is that cisions regarding issuance, renewal, period from July 11, 1984, through Au- transfer, and registration of limited gust 1, 1988. entry permits, and endorsement up- (b) If, after the window period, an ex- grade, will be made by the Regional Di- empt gear is prohibited by Washington, rector. Oregon, or California or NMFS, the (b) Appeals decisions shall be in writ- owners of vessels using such gear, who ing and shall state the reasons there- would not otherwise qualify for an ‘‘A’’ for. or ‘‘provisional A’’ endorsement, may (c) Within 30 days of an initial deci- qualify for a ‘‘provisional A’’ endorse- sion by the FMD denying issuance, re- ment for only one of the three limited newal, transfer, or registration of a entry gears, if the vessel used the pro- limited entry permit, or endorsement hibited gear to make sufficient land- upgrade, on the terms requested by the ings of groundfish during the window applicant, an appeal may be filed with period to meet the MLR for the limited the Regional Director. entry gear. If a vessel would qualify for (d) The appeal must be in writing, an endorsement for more than one lim- and must allege facts or circumstances ited entry gear, the owner must choose to show why the criteria in this sub- the type of gear for which the endorse- part have been met, or why an excep- ment will be issued. If an ‘‘A’’ or ‘‘pro- tion should be granted. visional A’’ endorsement was pre- (e) At the appellant’s discretion, the viously issued for the vessel, and the appeal may be accompanied by a re- endorsement was subsequently trans- quest that the Regional Director seek a ferred or expired, no ‘‘provisional A’’ recommendation from the Council as
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to whether the appeal should be grant- tured with barbs can be made barbless ed. Such a request must contain the by forcing the point of the barb flat appellant’s acknowledgement that the against the main part of the point. confidentiality provisions of the Mag- Commercial fishing means fishing with nuson Act at 16 U.S.C. 1853(d) and part troll fishing gear as defined annually 600 of this chapter are waived with re- under § 660.408, or fishing for the pur- spect to any information supplied by pose of sale or barter of the catch. the Regional Director to the Council Council means the Pacific Fishery and its advisory bodies for purposes of Management Council. receiving the Council’s recommenda- Dressed, head-off length of salmon tion on the appeal. In responding to a means the shortest distance between request for a recommendation on ap- the midpoint of the clavicle arch (see peal, the Council will apply the provi- Figure 3 of this subpart) and the fork sions of the PCGFMP in making its of the tail, measured along the lateral recommendation as to whether the ap- line while the fish is lying on its side, peal should be granted. without resort to any force or mutila- (f) Absent good cause for further tion of the fish other than removal of delay, the Regional Director will issue the head, gills, and entrails (see Figure a written decision on the appeal within 3 of this subpart). 45 days of receipt of the appeal, or, if a Dressed, head-off salmon means salm- recommendation from the Council is on that have been beheaded, gilled, and requested, within 45 days of receiving gutted without further separation of the Council’s recommendation. The Re- vertebrae, and are either being pre- gional Director’s decision is the final pared for on-board freezing, or are fro- administrative decision of the Depart- zen and will remain frozen until land- ment as of the date of the decision. ed. Fishery management area means the § 660.341 Limited entry permit sanc- EEZ off the coasts of Washington, Or- tions. egon, and California, bounded on the Limited entry permits issued or ap- north by the Provisional International plied for under this subpart are subject Boundary between the United States to sanctions pursuant to the Magnuson and Canada, and bounded on the south Act at 16 U.S.C. 1858(g) and 15 CFR part by the International Boundary between 904, subpart D. the United States and Mexico. The northeastern, northern, and northwest- Subpart H—West Coast Salmon ern boundaries of the fishery manage- Fisheries ment area are as follows: (1) Northeastern boundary—that part § 660.401 Purpose and scope. of a line connecting the light on Tatoosh Island, WA, with the light on This subpart implements the Fishery Bonilla Point on Vancouver Island, Management Plan for Commercial and British Columbia, southerly of the Recreational Salmon Fisheries Off the International Boundary between the Coasts of Washington, Oregon, and United States and Canada (at 48°29′37″ California developed by the Pacific N. lat., 124°43′33″ W. long.), and north- Fishery Management Council. These erly of the point where that line inter- regulations govern the management of sects with the boundary of the U.S. ter- West Coast salmon fisheries in the ritorial sea. EEZ. (2) Northern and northwestern bound- 1 § 660.402 Definitions. ary is a line connecting the following coordinates: In addition to the definitions in the N. lat. W. long. Magnuson Act and in § 600.10 of this 48°29′37.19″ 124°43′33.19″ chapter, the terms used in this subpart 48°30′11″ 124°47′13″ have the following meanings: Barbless hook means a hook with a single shank and point, with no second- 1 The line joining these coordinates is the ary point or barb curving or projecting provisional international boundary of the in any other direction. Where barbless U.S. EEZ as shown on NOAA/NOS Charts hooks are specified, hooks manufac- #18480 and #18002.
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48°30′22″ 124°50′21″ marily or exclusively in the fishery 48°30′14″ 124°52′52″ management area seaward of Califor- ° ′ ″ ° ′ ″ 48 29 57 124 59 14 nia, Regional Director means the Direc- 48°29′44″ 125°00′06″ 48°28′09″ 125°05′47″ tor, Northwest Region, NMFS, acting 48°27′10″ 125°08′25″ in consultation with the Director, 48°26′47″ 125°09′12″ Southwest Region, NMFS. 48°20′16″ 125°22′48″ Salmon means any anadromous spe- 48°18′22″ 125°29′58″ cies of the family Salmonidae and ° ′ ″ ° ′ ″ 48 11 05 125 53 48 genus Oncorhynchus, commonly known 47°49′15″ 126°40′57″ 47°36′47″ 127°11′58″ as Pacific salmon, including, but not 47°22′00″ 127°41′23″ limited to: 46°42′05″ 128°51′56″ Chinook (king) salmon, Oncorhynchus 46°31′47″ 129°07′39″ tshawytscha (3) The southern boundary of the Coho (silver) salmon, Oncorhynchus kisutch fishery management area is the U.S.- Pink (humpback) salmon, Oncorhynchus Mexico International Boundary, which gorbuscha is a line connecting the following co- Chum (dog) salmon, Oncorhynchus keta ordinates: Sockeye (red) salmon, Oncorhynchus nerka N. lat. W. long. Steelhead (rainbow trout), Oncorhynchus 32°35′22″ 117°27′49″ mykiss 32°37′37″ 117°49′31″ Total length of salmon means the ° ′ ″ ° ′ ″ 31 07 58 118 36 18 shortest distance between the tip of 30°32′31″ 121°51′58″ the snout or jaw (whichever extends (4) The inner boundaries of the fish- furthest while the mouth is closed) and ery management area are subject to the tip of the longest lobe of the tail, change if the Secretary assumes re- without resort to any force or mutila- sponsibility for the regulation of the tion of the salmon other than fanning salmon fishery within state waters or swinging the tail. under section 306(b) of the Magnuson Treaty Indian fishing means fishing Act. for salmon and steelhead in the fishery Freezer trolling vessel means a fishing management area by a person author- vessel, equipped with troll fishing gear, ized by the Makah Tribe to exercise that has a present capability for: fishing rights under the Treaty with (1) On board freezing of the catch. the Makah, or by the Quileute, Hoh, or (2) Storage of the fish in a frozen con- Quinault Tribes to exercise fishing dition until they are landed. rights under the Treaty of Olympia. Land or landing means to begin Troll fishing gear will be defined annu- transfer of fish from a fishing vessel. ally under § 660.408. Once transfer begins, all fish onboard Whole bait means a hook or hooks the vessel are counted as part of the baited with whole natural bait with no landing. device to attract fish other than a Plugs means artificial fishing lures flasher. made of wood or hard plastic with one or more hooks attached. Lures com- § 660.403 Relation to other laws. monly known as ‘‘spoons,’’ ‘‘wobblers,’’ ‘‘dodgers,’’ and flexible plastic lures (a) The relation of this part to other are not considered plugs, and may not laws is set forth in § 600.705 of this be used where ‘‘plugs only’’ are speci- chapter, § 660.2, and paragraphs (b) and fied. (c) of this section. Recreational fishing means fishing (b) Any person fishing subject to this with recreational fishing gear as de- subpart who also engages in fishing for fined annually under § 660.408 and not groundfish should consult Federal reg- for the purpose of sale or barter. ulations in subpart G for applicable re- Recreational fishing gear will be de- quirements of that subpart, including fined annually under § 660.408. the requirement that vessels engaged Regional Director means the Director, in commercial fishing for groundfish Northwest Region, NMFS, or a des- (except commercial passenger vessels) ignee. For fisheries occurring pri- have vessel identification in accord- ance with § 660.305.
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(c) Any person fishing subject to this troll fishing gear, or gear authorized subpart is bound by the international under § 660.408(k) for treaty Indian fish- boundaries of the fishery management ing; area described in § 660.402, notwith- (v) In violation of any action issued standing any dispute or negotiation be- under this subpart; or tween the United States and any neigh- (vi) In violation of any applicable boring country regarding their respec- area, season, species, zone, gear, daily tive jurisdictions, until such time as bag limit, or length restriction. new boundaries are published by the (3) Fish for salmon in an area when United States. salmon of less than the legal minimum length for that area are on board the § 660.404 Recordkeeping and report- fishing vessel, except that this provi- ing. sion does not prohibit transit of an (a) This subpart recognizes that area when salmon of less than the legal catch and effort data necessary for im- minimum length for that area are on plementation of any applicable fishery board, so long as no fishing is being management plan are collected by the conducted. States and Indian tribes of Washing- (4) Remove the head of any salmon ton, Oregon, California, and Idaho caught in the fishery management under existing data collection require- area, or possess a salmon with the head ments. Except as provided in paragraph removed, if that salmon has been (b) of this section, no additional catch marked by removal of the adipose fin reports will be required of fishermen or to indicate that a coded wire tag has processors so long as the data collec- been implanted in the head of the fish. tion and reporting systems operated by (5) Take and retain or possess on State agencies and Indian tribes con- board a fishing vessel any species of tinue to provide NMFS with statistical salmon that is less than the applicable information adequate for management. minimum total length, including the (b) Persons engaged in commercial applicable minimum length for dressed, fishing may be required to submit head-off salmon. catch reports that are specified annu- (6) Possess on board a fishing vessel a ally under § 660.408. salmon, for which a minimum total length is extended or cannot be deter- EFFECTIVE DATE NOTE: At 61 FR 34600, July 2, 1996, § 660.404 was added. This section con- mined, except that dressed, head-off tains information collection and record- salmon may be possessed on board a keeping requirements and will not become freezer trolling vessel, unless the effective until approval has been given by adipose fin of such salmon has been re- the Office of Management and Budget. moved. (7) Fail to return to the water imme- § 660.405 Prohibitions. diately and with the least possible in- (a) In addition to the general prohibi- jury any salmon the retention of which tions specified in § 600.725 of this chap- is prohibited by this subpart. ter, it is unlawful for any person to do (8) Engage in recreational fishing any of the following: while aboard a vessel engaged in com- (1) Take and retain or land salmon mercial fishing. This restriction is not caught with a net in the fishery man- intended to prohibit the use of fishing agement area, except that a hand-held gear otherwise permitted under the net may be used to bring hooked salm- definitions of troll and recreational on on board a vessel. fishing gear, so long as that gear is (2) Fish for, or take and retain, any legal in the fishery for which it is being species of salmon: used. (i) During closed seasons or in closed (9) Take and retain, possess, or land areas; any steelhead taken in the course of (ii) While possessing on board any commercial fishing in the fishery man- species not allowed to be taken in the agement area, unless such take and re- area at the time; tention qualifies as treaty Indian fish- (iii) Once any catch limit is attained; ing. (iv) By means of gear or methods (10) Sell, barter, offer to sell, offer to other than recreational fishing gear or barter, or purchase any salmon taken
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in the course of recreational salmon part of the fishery management area is fishing. subject to the provisions of this sub- (11) Refuse to submit fishing gear or part, the Magnuson Act, and any other catch subject to such person’s control regulations issued under the Magnuson to inspection by an authorized officer, Act. or to interfere with or prevent, by any means, such an inspection. § 660.408 Annual actions. (12) Take and retain Pacific halibut (a) General. NMFS will annually es- (Hippoglossus stenolepis) except in ac- tablish or, as necessary, adjust man- cordance with regulations of the Inter- agement specifications for the com- national Pacific Halibut Commission mercial, recreational, and treaty In- at part 300 of this title. Pacific halibut dian fisheries by publishing the action that cannot be retained lawfully must in the FEDERAL REGISTER under be returned to the water immediately § 660.411. Management specifications and with the least possible injury. are set forth in paragraphs (b) through (13) Violate any other provision of (n) of this section. this subpart. (b) Allowable ocean harvest levels. The (b) The fishery management area is allowable ocean harvest for commer- closed to salmon fishing except as cial, recreational, and treaty Indian opened by this subpart or superseding fishing may be expressed in terms of regulations or notices. All open fishing season regulations expected to achieve periods begin at 0001 hours and end at a certain optimum harvest level or in 2400 hours local time on the dates spec- terms of a particular number of fish. ified. Procedures for determining allowable ocean harvest vary by species and fish- § 660.406 Exempted fishing. ery complexity, and are documented in (a) NMFS may allow such exempted the fishery management plan and fishing in the fishery management area Council documents. as may be recommended by the Coun- (c) Allocation of ocean harvest levels— cil, the Federal Government, state gov- (1) Coho and chinook from the U.S.-Can- ernment, or treaty Indian tribes having ada border to Cape Falcon—(i) Overall al- usual and accustomed fishing grounds location schedule. Initial allocation of in the fishery management area. coho and chinook salmon north of Cape (b) NMFS will not allow any exempt- Falcon, OR, will be based on the follow- ed fishery recommended by the Council ing schedule: unless NMFS determines that the pur- pose, design, and administration of the Percentage 1 Allowable non-treaty ocean harvest exempted fishery are consistent with (thousands of fish) Com- Rec- the goals and objectives of the Coun- mercial reational cil’s fishery management plan, the na- Coho: tional standards (section 301(a) of the 0±300 ...... 25 75 Magnuson Act), and other applicable >300 ...... 60 40 law. Chinook: 0±100 ...... 50 50 (c) Each vessel participating in any >100±150 ...... 60 40 exempted fishery recommended by the >150 ...... 70 30 Council and allowed by NMFS is sub- 1 The percentage allocation is tiered and must be calculated ject to all provisions of this subpart, in additive steps when the harvest level exceeds the initial tier. For example, for a total allowable ocean harvest of except those portions which relate to 150,000 chinook, the recreational allocation would be equal to the purpose and nature of the exempted 50 percent of 100,000 chinook plus 40 percent of 50,000 chi- fishery. These exceptions will be speci- nook or 50,000 + 20,000 = 70,000 chinook. fied in a permit issued by the Regional (ii) Deviations from allocation schedule. Director to each vessel participating in The initial allocation may be modified the exempted fishery and that permit annually in accordance with para- must be carried aboard each participat- graphs (c)(1)(iii) through (vii) of this ing vessel. section. These deviations from the al- location schedule provide flexibility to § 660.407 Treaty Indian fishing. account for the dynamic nature of the Except as otherwise provided in this fisheries and better achieve the alloca- subpart, treaty Indian fishing in any tion objectives and fishery allocation
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priorities in paragraphs (c)(1)(viii) and preseason allocation process will be (ix) of this section. Total allowable distributed among the three major rec- ocean harvest will be maximized to the reational subareas as described in the extent possible consistent with treaty coho and chinook distribution sections obligations, state fishery needs, and below. Additionally, based upon the spawning requirements. Every effort recommendation of the recreational will be made to establish seasons and Salmon Advisory Subpanel representa- gear requirements that provide troll tives for the area north of Cape Falcon, and recreational fleets a reasonable op- the Council will include criteria in its portunity to catch the available har- preseason salmon management rec- vest. These may include single-species ommendations to guide any inseason directed fisheries with landing restric- transfer of coho among the rec- tions for other species. reational subareas to meet rec- (iii) Preseason trades. Preseason spe- reational season duration objectives. cies trades (chinook and coho) may be The Council may also establish addi- made if they are based upon the rec- tional subarea quotas with a major ommendation of the commercial and subarea to meet recreational season recreational Salmon Advisory objectives based on agreement of rep- Subpanel representatives for the area resentatives of the affected ports. north of Cape Falcon; simultaneously (A) Coho distribution. The preseason benefit both the commercial and rec- recreational allowable ocean harvest of reational fisheries or benefit one fish- coho north of Cape Falcon will be dis- ery without harming the other; and are tributed to provide 50 percent to the supported by a socio-economic analysis area north of Leadbetter Point and 50 that compares the impacts of the rec- ommendation to those of the standard percent to the area south of Leadbetter allocation schedule to determine the Point. In years with no fishery in allocation that best meets the alloca- Washington State management area tion objectives. This analysis will be 4B, the distribution of coho north of made available to the public during the Leadbetter Point will be divided to preseason process for establishing an- provide 74 percent to the subarea be- nual management measures. Preseason tween Leadbetter Point and the Queets trades will use an exchange ratio of River (Westport) and 26 percent to the four coho to one chinook as a desirable subarea north of the Queets River guideline. (Neah Bay/La Push). In years when (iv) Commercial allocation. The com- there is an area 4B fishery under state mercial allowable ocean harvest of chi- management, 25 percent of the numeri- nook and coho derived during the pre- cal value of that fishery shall be added season allocation process may be var- to the recreational allowable ocean ied by major subareas (i.e., north of harvest north of Leadbetter Point prior Leadbetter Point and south of to applying the sharing percentages. Leadbetter Point) if there is need to do That same value would then be sub- so to decrease impacts on weak stocks. tracted from the Neah Bay/La Push Deviations in each major subarea will share in order to maintain the same generally not exceed 50 percent of the total distribution north of Leadbetter allowable ocean harvest of each species Point. that would have been established with- (B) Chinook distribution. Subarea dis- out a geographic deviation in the dis- tributions of chinook will be managed tribution of the allowable ocean har- as guidelines based on calculations of vest. Deviation of more than 50 percent the Salmon Technical Team with the will be based on a conservation need to primary objective of achieving all-spe- protect the weak stocks and will pro- cies fisheries without imposing chi- vide larger overall harvest for the en- nook restrictions (i.e., area closures or tire fishery north of Cape Falcon than bag limit reductions). Chinook in ex- would have been possible without the cess of all-species fisheries needs may deviation. be utilized by directed chinook fish- (v) Recreational allocation. The rec- eries north of Cape Falcon or by nego- reational allowable ocean harvest of tiating a preseason species trade of chi- chinook and coho derived during the nook and coho between commercial
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and recreational allocations in accord- Buoy, then due east to shore; closure ance with paragraph (c)(1)(iii) of this from North Head at the Columbia section. River mouth north to Leadbetter (vi) Inseason trades and transfers. Point; change in species that may be Inseason transfers, including species landed; or other actions as prescribed trades of chinook and coho, may be in the annual management measures. permitted in either direction between (viii) Allocation objectives. The goal of commercial and recreational fishery allocating ocean harvest north of Cape quotas to allow for uncatchable fish in Falcon is to achieve, to the greatest one fishery to be reallocated to the degree possible, the following objec- other. Fish will be deemed uncatchable tives for the commercial and rec- by a respective commercial or rec- reational fisheries. When deviation reational fishery only after considering from the allocation schedule is being all possible annual management ac- considered, these objectives will serve tions to allow for their harvest that as criteria to help determine whether a are consistent with the harvest man- user group will benefit from the devi- agement objectives specific in the fish- ation. ery management plan including consid- (A) Provide recreational opportunity eration of single species fisheries. Im- by maximizing the duration of the fish- plementation of inseason transfers will ing season while minimizing daily and require consultation with the pertinent area closures and restrictions on gear commercial and recreational Salmon and daily limits. Advisory Subpanel representatives (B) Maximize the value of the com- from the area involved and the Salmon mercial harvest while providing fish- Technical Team, and a clear establish- eries of reasonable duration. ment of available fish and impacts (ix) Fishery allocation priorities. The from the transfer. Inseason trades or following fishery allocation priorities transfers may vary from the guideline will provide guidance in the preseason ratio of four coho to one chinook to process of establishing final harvest al- meet the allocation objectives in para- locations and structuring seasons that graph (c)(1)(viii) of this section. best achieve the allocation objectives. (vii) Other inseason provisions. Any in- To the extent fish are provided to each crease or decrease in the recreational fishery by the allocation schedule, or commercial allowable ocean harvest these priorities do not favor one user resulting from an inseason restructur- group over the other and should be met ing of a fishery or other inseason man- simultaneously for each fishery. Sea- agement action does not require re- sons may be structured that deviate allocation of the overall non-treaty al- from these priorities consistent with lowable ocean harvest north of Cape the allocation objectives. Falcon between the recreational and (A) At total allowable harvest levels commercial fisheries. Inseason redis- up to 300,000 coho and 100,000 chinook: tribution of subarea quotas within the For the recreational fishery, provide recreational fishery or the distribution coho for a late June through early Sep- of allowable coho catch transfers from tember all-species season; provide chi- the commercial fishery among sub- nook to allow access to coho and, if areas may deviate from the preseason possible, a minimal chinook-only fish- distribution. Inseason management ac- ery prior to the all-species season; and tions may be taken by the Regional Di- adjust days per week and/or institute rector to assure meeting the primary area restrictions to stabilize season du- objective of achieving all-species fish- ration. For the commercial fishery, eries without imposing chinook restric- provide chinook for a May and early tions in each of the recreational sub- June chinook season and provide coho areas north of Cape Falcon. Such ac- for hooking mortality and/or access to tions might include, but are not lim- a pink fishery, and ensure that part of ited to: Closure from 0 to 3, 0 to 6, 3 to the chinook season will occur after 200, or 5 to 200 nm from shore; closure June 1. from a point extending due west from (B) At total allowable harvest levels Tatoosh Island for 5 nm, then south to above 300,000 coho and above 100,000 a point due west of Umatilla Reef chinook: For the recreational fishery,
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relax any restrictions in the all-species Allowable Commercial Recreational fishery and/or extend the all-species ocean harvest season beyond Labor Day as coho Number Number (thou- (thou- Percent- (thou- Percent- quota allows; provide chinook for a Me- sands of age age fish) sands) sands) morial Day through late June chinook- only fishery; and adjust days per week 2,200 1,780 80.9 420 19.1 to ensure continuity with the all-spe- 2,100 1,690 80.5 410 19.5 2,000 1,600 80.0 400 20.0 cies season. For the commercial fish- 1,900 1,510 79.5 390 20.5 ery, provide coho for an all-species sea- 1,800 1,420 78.9 380 21.1 son in late summer and/or access to a 1,700 1,330 78.2 370 21.8 1,600 1,240 77.5 360 22.5 pink fishery; and leave adequate chi- 1,500 1,150 76.7 350 23.3 nook from the May through June sea- 1,400 1,060 75.7 340 24.3 son to allow access to coho. 1,300 970 74.6 330 25.4 1,200 880 73.3 320 26.7 (2) Coho south of Cape Falcon—(i) Allo- 1,100 790 71.8 310 28.2 cation schedule. Preseason allocation 1,000 700 70.0 300 30.0 shares of coho salmon south of Cape 900 610 67.8 290 32.2 Falcon, OR, will be determined by an 800 520 65.0 280 35.0 700 434 62.0 266 38.0 allocation schedule, which is based on 600 348 58.0 252 42.0 the following formula. The formula 500 262 52.4 238 47.6 will be used to interpolate between al- 400 176 44.0 224 56.0 350 133 38.0 217 62.0 lowable harvest levels as shown in the 300 100 33.3 200 66.7 table below. 200 1 33 1 16.5 1 167 1 83.5 (A) Up to 350,000 allowable ocean har- 100 (1)(1)(1)(1) vest: The first 150,000 fish will be allo- 1 An incidental coho allowance associated with any com- mercial all-salmon-except-coho fishery will be deducted from cated to the recreational fishery. Addi- the recreational share of coho during periods of low coho tional fish will be allocated 66.7 percent abundance when the commercial allocation of coho under the schedule would be insufficient to allow for incidental hooking to troll and 33.3 percent to rec- mortality of coho in the commercial all-salmon-except-coho reational. The incidental coho mortal- fishery. ity for a commercial all-salmon-ex- (ii) Geographic distribution. Allowable cept-coho fishery will be deducted from harvest south of Cape Falcon may be the troll allocation. If the troll alloca- divided and portions assigned to sub- tion is insufficient for this purpose, the areas based on considerations includ- remaining number of coho needed for ing, but not limited to, controlling this estimated incidental coho mortal- ocean harvest impacts on depressed, ity will be deducted from the rec- viable natural stocks within acceptable reational share. maximum allowable levels; stock abun- (B) From 350,000 to 800,000 allowable dance; allocation considerations; stock ocean harvest: The recreational alloca- specific impacts; relative abundance of tion is equal to 14 percent of the allow- the salmon species in the fishery; able harvest above 350,000 fish, plus escapement goals; and maximizing har- 217,000 fish. The remainder of the al- vest potential. lowable ocean harvest will be allocated (iii) Recreational allocation at 167,000 to the troll fishery. fish or less. When the recreational allo- (C) Above 800,000 allowable ocean har- cation is at 167,000 fish or less, the vest: The recreational allocation is total recreational allowable ocean har- equal to 10 percent of the allowable vest of coho will be divided between harvest above 800,000 fish, plus 280,000 two major subareas with independent fish. The remainder of the allowable impact quotas. The initial allocation ocean harvest will be allocated to the will be 70 percent from Cape Falcon to troll fishery. Humbug Mountain and 30 percent Allowable Commercial Recreational south of Humbug Mountain. Coho ocean transfers between the two impact harvest Number Number quotas may be permitted on a one-for- (thou- (thou- Percent- (thou- Percent- sands of sands) age sands) age one basis, if chinook constraints pre- fish) clude access to coho. Horse Mountain 2,700 2,230 82.6 470 17.4 to Point Arena will be managed for an 2,600 2,140 82.3 460 17.7 impact guideline of 3 percent of the 2,500 2,050 82.0 450 18.0 2,400 1,960 81.7 440 18.3 south of Cape Falcon recreational allo- 2,300 1,870 81.3 430 18.7 cation. The recreational coho fishery
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between Humbug Mountain and Point by geographical references, coordinates Arena may be closed when it is pro- (latitude and longitude), LORAN read- jected that the harvest impact between ings, depth contours, distance from Humbug Mountain and Point Arena, shore, or similar criteria. combined with the projected harvest (e) Minimum harvest lengths. The min- impact that will be taken south of imum harvest lengths for commercial, Point Arena to the end of the season, recreational, and treaty Indian fishing equals the impact quota for south of may be changed upon demonstration Humbug Mountain. The recreational that a useful purpose will be served. fishery for coho salmon south of Point For example, an increase in minimum Arena will not close upon attainment size for commercially caught salmon of the south of Humbug Mountain im- may be necessary for conservation or pact quota. may provide a greater poundage and (iv) Oregon coastal natural coho. At monetary yield from the fishery while Oregon coastal natural coho spawning not substantially increasing hooking escapements of 28 or fewer adults per mortality. The removal of a minimum mile, the allocation provisions of para- size for the recreational fishery may graph (c)(2)(i) of this section do not prevent wastage of fish and outweigh apply. Fisheries will be established the detrimental impacts of harvesting that will provide only the minimum in- immature fish. cidental harvest of Oregon coastal nat- (f) Recreational daily bag limits. Rec- ural coho necessary to prosecute other reational daily bag limits for each fish- fisheries, and that under no cir- ing area will be set equal to one, two, cumstances will cause irreparable or three salmon of some combination harm to the Oregon coastal natural of species. The recreational daily bag coho stock. limits for each fishing area will be set (v) . No later Inseason reallocation to maximize the length of the fishing than August 15 each year, the Salmon season consistent with the allowable Technical Team will estimate the num- level of harvest in the area. ber of coho salmon needed to complete the recreational seasons. Any coho (g) Fishing gear restrictions. Gear re- salmon allocated to the recreational strictions for commercial, rec- fishery that are not needed to complete reational, and treaty Indian fishing the recreational seasons will be reallo- may be established or modified upon cated to the commercial fishery. Once demonstration that a useful purpose reallocation has taken place, the re- will be served. For example, gear re- maining recreational quota will change strictions may be imposed or modified to a harvest guideline. If the harvest to facilitate enforcement, reduce hook- guideline for the recreational fishery is ing mortality, or reduce gear expenses projected to be reached on or before for fishermen. Labor Day, the Regional Director may (h) Seasons—(1) In general. Seasons allow the recreational fishery to con- for commercial and recreational fish- tinue through the Labor Day weekend ing will be established or modified tak- only if there is no significant danger of ing into account allowable ocean har- impacting the allocation of another vest levels and quotas, allocations be- fishery or of failing to meet an tween the commercial and recreational escapement goal. fisheries, and the estimated amount of (d) Management boundaries and zones. effort required to catch the available Management boundaries and zones will fish based on past seasons. be established or adjusted to achieve a (2) Commercial seasons. Commercial conservation purpose. A conservation seasons will be established or modified purpose protects a fish stock, sim- taking into account wastage of fish plifies management of a fishery, or pro- that cannot legally be retained, size motes wise use of fishery resources by, and poundage of fish caught, effort for example, separating fish stocks, fa- shifts between fishing areas, and pro- cilitating enforcement, separating con- tection of depressed stocks present in flicting fishing activities, or facilitat- the fishing areas. All-species seasons ing harvest opportunities. Management will be established to allow the maxi- boundaries and zones will be described mum allowable harvest of pink and
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sockeye salmon without exceeding al- lished treaty rights and will not exceed lowable chinook or coho harvest levels the harvest that would occur if the en- and within conservation and allocation tire treaty entitlement to the weakest constraints of the pink and sockeye run were taken by treaty Indian fish- stocks. eries in the fishery management area. (3) Recreational seasons. If feasible, (4) If adjustable quotas are estab- recreational seasons will be established lished for treaty Indian fishing, they or modified to encompass Memorial may be subject to inseason adjustment Day and Labor Day weekends, and to because of unanticipated coho hooking avoid the need for inseason closures. mortality occurring during the season, (i) Quotas (by species, including fish catches in treaty Indian fisheries in- caught 0–3 nm seaward of Washington, consistent with those unanticipated Oregon, and California). Quotas for under Federal regulations, or a need to commercial, recreational, and treaty redistribute quotas to ensure attain- Indian fishing may be established or ment of an overall quota. modified to ensure that allowable (l) Yurok and Hoopa Valley tribal fish- ocean harvests are not exceeded. ing rights. For purposes of section 303 of Quotas may be fixed or adjustable and the Magnuson Act, the federally re- used in conjunction with seasons. Any served fishing rights of the Yurok and quota established does not represent a Hoopa Valley Indian Tribes as set out guaranteed ocean harvest, but a maxi- in a legal opinion 2 dated October 4, mum ceiling on catch. 1993, by the Office of the Solicitor, De- (j) Selective fisheries. In addition to partment of the Interior, are applicable the all-species seasons and the all-spe- law. Under section 303 of the Magnuson cies-except-coho seasons established Act, allowable ocean harvest must be for the commercial and recreational consistent with all applicable laws. fisheries, selective coho-only, chinook- (m) Inseason notice procedures. Tele- only, or pink-only fisheries may be es- phone hotlines and USCG broadcasts tablished if harvestable fish of the tar- will provide actual notice of inseason get species are available; harvest of in- actions for commercial, recreational, cidental species will not exceed allow- and treaty Indian fishing. able levels; proven, documented selec- (n) Reporting requirements. Reporting tive gear exists; significant wastage of requirements for commercial fishing incidental species will not occur; and may be imposed to ensure timely and the selective fishery will occur in an accurate assessment of catches in regu- acceptable time and area where wast- latory areas subject to quota manage- age can be minimized and target stocks ment. Such reports are subject to the are primarily available. limitations described herein. Persons (k) Treaty Indian fishing. (1) NMFS engaged in commercial fishing in a reg- will establish or modify treaty Indian ulatory area subject to quota manage- fishing seasons and/or fixed or adjust- ment and landing their catch in an- able quotas, size limits, gear restric- other regulatory area open to fishing tions, and/or area restrictions taking may be required to transmit a brief into account recommendations of the radio report prior to leaving the first Council, proposals from affected tribes, regulatory area. The regulatory areas and relevant Federal court proceed- subject to these reporting require- ings. ments, the contents of the radio re- (2) The combined treaty Indian fish- ports, and the entities receiving the re- ing seasons will not be longer than nec- ports will be specified annually. essary to harvest the allowable treaty EFFECTIVE DATE NOTE: At 61 FR 34601, July Indian catch, which is the total treaty 2, 1996, § 660.408 was added. This section con- harvest that would occur if the tribes tains information collection and record- chose to take their total entitlement of keeping requirements and will not become the weakest stock in the fishery man- effective until approval has been given by agement area, assuming this level of the Office of Management and Budget. harvest did not create conservation or allocation problems on other stocks. 2 Copies of the Solicitor’s Opinion are (3) Any fixed or adjustable quotas es- available from the Director, Southwest Re- tablished will be consistent with estab- gion, NMFS.
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§ 660.409 Inseason actions. modification of limited retention regu- (a) Fixed inseason management provi- lations. sions. NMFS is authorized to take the (iii) Modification of recreational bag following inseason management ac- limits and recreational fishing days per tions annually, as appropriate. calendar week. (1) Automatic season closures based on (iv) Establishment or modification of quotas. When a quota for the commer- gear restrictions. cial or the recreational fishery, or (v) Modification of boundaries, in- both, for any salmon species in any cluding landing boundaries, and estab- portion of the fishery management lishment of closed areas. area is projected by the Regional Di- (2) Fishery managers must determine rector to be reached on or by a certain that any inseason adjustment in man- date, NMFS will, by an inseason action agement measures is consistent with issued under § 660.411, close the com- fishery regimes established by the mercial or recreational fishery, or U.S.-Canada Pacific Salmon Commis- both, for all salmon species in the por- sion, ocean escapement goals, con- tion of the fishery management area to servation of the salmon resource, any which the quota applies as of the date adjudicated Indian fishing rights, and the quota is projected to be reached. the ocean allocation scheme in the (2) Rescission of automatic closure. If a fishery management plan. All inseason fishery is closed under a quota before adjustments will be based on consider- the end of a scheduled season based on ation of the following factors: overestimate of actual catch, NMFS (i) Predicted sizes of salmon runs. will reopen that fishery in as timely a (ii) Harvest quotas and hooking mor- manner as possible for all or part of the tality limits for the area and total al- remaining original season provided lowable impact limitations, if applica- NMFS finds that a reopening of the ble. fishery is consistent with the manage- (iii) Amount of commercial, rec- ment objectives for the affected species reational, and treaty Indian catch for and the additional open period is no each species in the area to date. less than 24 hours. The season will be (iv) Amount of commercial, rec- reopened by an inseason action issued reational, and treaty Indian fishing ef- under § 660.411. fort in the area to date. (3) Adjustment for error in preseason es- (v) Estimated average daily catch per timates. NMFS may, by an inseason ac- fisherman. tion issued under § 660.411, make appro- (vi) Predicted fishing effort for the priate changes in relevant seasons or area to the end of the scheduled season. quotas if a significant computational (vii) Other factors, as appropriate. error or errors made in calculating pre- season estimates of salmon abundance § 660.410 Escapement and manage- are identified, provided that such cor- ment goals. rection can be made in a timely man- (a) The escapement and management ner to affect the involved fishery with- goals are summarized in Table 6–1 of out disrupting the capacity to meet the the Fishery Management Plan for Com- objectives of the fishery management mercial and Recreational Salmon Fish- plan. eries off the Coasts of Washington, Or- (b) Flexible inseason management provi- egon, and California. sions. (1) The Regional Director will (b) Modification of escapement goals. consult with the Chairman of the NMFS is authorized, through an action Council and the appropriate State Di- issued under § 660.411, to modify an rectors prior to taking any of the fol- escapement goal if— lowing flexible inseason management (1) A comprehensive technical review provisions, which include, but are not of the best scientific information avail- limited to, the following: able provides conclusive evidence that, (i) Modification of quotas and/or fish- in the view of the Council and the ing seasons. Salmon Technical Team, justifies (ii) Modification of the species that modification of an escapement goal; may be caught and landed during spe- (2) For Oregon coastal chinook, spe- cific seasons and the establishment or cific goals are developed within the
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overall goal for north coast and south Northwest Region, NMFS. For actions coast stocks; or affecting fisheries occurring primarily (3) Action by a Federal court indi- or exclusively in the fishery manage- cates that modification of an ment area seaward of California, infor- escapement goal is appropriate. mation relevant to the action also will (c) The annual management meas- be made available for public review ures will be consistent with NMFS during normal office hours at the jeopardy standards or NMFS recovery Southwest Region, NMFS. plans for species listed under the En- dangered Species Act. Subpart I—Northern Anchovy [61 FR 34572, July 2, 1996, as amended at 62 Fishery FR 35451, July 1, 1997]
§ 660.411 Notification and publication SOURCE: 62 FR 19043, Apr. 18, 1997, unless procedures. otherwise noted. (a) Notification and effective dates. (1) § 660.501 Purpose and scope. Annual and certain other actions taken under §§ 660.408 and 660.410 will be im- This subpart governs fishing for plemented by an action published in northern anchovy by vessels of the United States in the Pacific anchovy the FEDERAL REGISTER, and will be ef- fective upon filing, unless a later time fishery area (PAFA). This subpart im- is specified in the action. plements the Northern Anchovy Fish- (2) Inseason actions taken under ery Management Plan (FMP) developed § 660.409 will be by actual notice avail- by the Pacific Fishery Management able from telephone hotlines and USCG Council under the Magnuson-Stevens broadcasts, as specified annually. Fishery Conservation and Management Inseason actions will also be published Act (Magnuson-Stevens Act) as amend- ed. in the FEDERAL REGISTER as soon as practicable. Inseason actions will be ef- § 660.502 Definitions. fective from the time specified in the actual notice of the action (telephone In addition to the definitions in the hotlines and USCG broadcasts), or at Magnuson-Stevens Act and in § 600.10 of the time the inseason action published this chapter, the terms used in this in the FEDERAL REGISTER is effective, subpart have the following meanings: whichever comes first. Anchovy means fish of the species (3) Any action issued under this sec- Engraulis mordax, or parts or products tion will remain in effect until the ex- thereof. piration date stated in the action or Council means the Pacific Fishery until rescinded, modified, or super- Management Council. seded. However, no inseason action has Fishing year means a 12-month period any effect beyond the end of the cal- beginning August 1 and extending endar year in which it is issued. through July 31 of the following year. (b) Public comment. If time allows, Live bait fishery means fishing for NMFS will invite public comment prior northern anchovies for use as live bait to the effective date of any action pub- in other fisheries. lished in the FEDERAL REGISTER. If Nonreduction fishery means fishing for NMFS determines, for good cause, that northern anchovies for use as dead bait an action must be filed without afford- or providing fish for human consump- ing a prior opportunity for public com- tion. ment, public comments on the action Northern anchovy means fish of the will be received by NMFS for a period species Engraulis mordax, or parts or of 15 days after filing of the action with products thereof. the Office of the Federal Register. PAFA means the Pacific anchovy (c) Availability of data. The Regional fishery area, which is the EEZ seaward Director will compile in aggregate of California, and between 38° N. lat. form all data and other information (Point Reyes) and the United States- relevant to the action being taken and Mexico International Boundary, which will make them available for public re- is a line connecting the following co- view during normal office hours at the ordinates:
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32°35′22″ N. lat., 117°27′49″. long. take anchovies for reduction purposes, 32°37′37″ N. lat., 117°49′31″ W. long. any fishing for anchovies by that vessel 31°07′58″ N. lat., 118°36′18″ W. long. will be conclusively presumed to be for ° ′ ″ ° ′ ″ 30 32 31 N. lat., 121 51 58 W. long. reduction purposes unless an exemp- Reduction fishery means fishing for tion to the declaration has been filed northern anchovies for the purposes of with the State of California. conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, or other § 660.504 Recordkeeping and report- fishery products or byproducts for pur- ing. poses other than direct human con- Data regarding fishing vessels, fish- sumption. ing activities, landings and processing Reduction harvest quota means the activities required by the FMP for the amount of anchovies, by weight, which reduction and non-reduction fisheries may be harvested during a fishing year are collected by the State of California for reduction purposes. under existing data collection provi- Regional Administrator means the Ad- sions. No additional reports will be re- ministrator, Southwest Region, NMFS quired of fishermen or processors as (see Table 1 of § 600.502 for address). long as the data collection and report- Spawning biomass means the esti- ing systems operated by the State of mated amount, by weight, of all sexu- California continue to provide the Sec- ally mature northern anchovies in the retary of Commerce (Secretary) with central subpopulation (defined as) from statistical information adequate for 38° N. lat. (Point Reyes) south to ap- management. Reporting requirements proximately 30° N. lat. at Punta Baja, may be implemented by emergency Baja California. regulations if this reporting system be- Special allocations means that part of comes inadequate for management pur- the total harvest quota reserved for poses. non-reduction fishing, reduction fish- ing in subarea A, and any conservation § 660.505 Vessel identification. purpose. (a) Official number. Each fishing ves- Subarea A means the northern por- sel in the reduction fishery must dis- tion of the PAFA between 38° N. lat. play its official number on the port and (Point Reyes), and a southern limit at starboard sides of the deckhouse or 35°14′ N. lat. (Point Buchon). hull, and on an appropriate weather Subarea B means the southern por- deck so as to be visible from enforce- tion of the PAFA between 35°14′ N. lat. ment vessels and aircraft. The official (Point Buchon), and the United States- number is the anchovy reduction reg- Mexico International Boundary de- istration number issued by the State of scribed in this section. California. Subarea B harvest quota means the amount of anchovies, by weight, which (b) Numerals. The official number may be harvested during a fishing year must be affixed to each vessel subject for reduction purposes in Subarea B. to this subpart in block Arabic numer- Total harvest quota means the total als at least 14 inches (35.56 cm) in amount of anchovies, by weight, which height. Markings must be legible and may be harvested during a fishing year of a color that contrasts with the back- by the reduction and non-reduction ground. fisheries. § 660.506 Prohibitions. § 660.503 Relation to other laws. In addition to the general prohibi- (a) Any state law that pertains to tions specified in § 600.725, it is unlaw- vessels registered under the laws of ful for any person to do any of the fol- that state while fishing in the EEZ, lowing: and which is consistent with the Fed- (a) Fish for anchovies in the PAFA: eral regulations, will continue to have (1) During any applicable closed sea- force and effect on fishing activities son or in any applicable closed area addressed in this subpart. specified in this subpart; (b) If a vessel has filed with the State (2) During any applicable closure of California a declaration of intent to specified in this subpart; or
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(3) Aboard a fishing vessel that has ommend to the Regional Administrator not filed an applicable declaration of that the numbers be revised. If a revi- intent with the State of California. sion is requested, a justification for the (b) Take or retain anchovies for re- revision must be provided. An annual duction purposes in the PAFA unless quota may be adjusted only if inac- they are taken with authorized fishing curate data were used or if errors were gear as specified in § 660.513. made in the calculations. § 660.507 Facilitation of enforcement. (5) If the Regional Administrator de- termines that a change in a harvest See § 600.730 of this chapter. quota is justified, NMFS will publish a § 660.508 Penalties. document in the FEDERAL REGISTER no- tifying the public of the change and the See § 600.735 of this chapter. reasons for the change. If no changes § 660.509 Harvest quota. are necessary, the interim final quotas will become final quotas, and no notice (a) Announcement of harvest quotas. will be published. The total harvest quota, reduction har- (b) Determination of harvest quotas. vest quota, subarea B harvest quota, and special allocations will be deter- The total harvest quota in the PAFA mined by the Regional Administrator will be determined by adding the non- from the estimated spawning biomass reduction fishery allocation in the according to the formulas in paragraph PAFA and the reduction harvest quota (b) of this section, and will be an- in the PAFA, and they will be sepa- nounced on or about August 1 as in- rately determined by the following for- terim final quotas. The quotas will be mulas. announced according to the following (1) When the estimated spawning bio- procedure: mass is less than 300,000 mt, there will (1) No less than 14 calendar days be- be no reduction harvest quota, and the fore the meeting of the Council’s An- non-reduction allocation in the PAFA chovy Planning team and Advisory will be 4,900 mt. Subpanel, a document will be published (2) When the estimated spawning bio- in the FEDERAL REGISTER notifying the mass is equal to or greater than 300,000 public when the estimate of the annual mt, the reduction harvest quota in the spawning biomass will be available. PAFA will be 70 percent of the esti- The document also will announce the mated spawning biomass in excess of date and location of a meeting of the 300,000 mt or 140,000 mt, whichever is Council’s Anchovy Planning team and less, and the non-reduction fishery al- Advisory Subpanel, where the esti- location in the PAFA will be 4,900 mt mated spawning biomass and the an- except as specified in § 660.510(b). nual quotas will be reviewed and public (3) When the estimated spawning bio- comments received. This meeting is ex- mass is less than 50,000 mt for 2 con- pected to convene during the second secutive fishing years, there will be no week of June. reduction quota and no non-reduction (2) All materials relating to the an- allocation until the spawning biomass nual quotas will be forwarded to the reaches or exceeds 50,000 mt. Council and its Scientific and Statis- tical Committee and will be available (4) There is no limit on the harvest of for public inspection at the Office of anchovy for live bait, except that when the Regional Administrator. the spawning biomass is less than 50,000 (3) On or about August 1, the interim mt for 2 consecutive fishing years, final quotas will be published in the there will be no live bait harvest until FEDERAL REGISTER with an opportunity the spawning biomass reaches or ex- for public comment. ceeds 50,000 mt. (4) At a regular meeting of the Coun- (c) Subarea B harvest quota. The re- cil, the Council will review the esti- duction harvest quota for subarea B mated spawning biomass and harvest will be equal to the reduction harvest quotas and offer time for public com- quota in the PAFA minus a reserve of ment. The Council will either accept 10 percent of the reduction harvest the harvest quotas as published or rec- quota or 9,072 mt, whichever is less.
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This reserve is allocated to the reduc- this section may be submitted to the tion fishery in subarea A except as pro- Regional Administrator until May 31. vided in paragraph (d) of this section. (f) Anchovies harvested for reduction (d) Reallocation of subarea A reserve. and non-reduction purposes in the The Secretary may reallocate on June PAFA and adjacent territorial sea will 1 from subarea A to subarea B that por- be counted toward the total harvest tion of the reserve allocated to subarea quota. A under paragraph (c) of this section that will not be harvested in subarea A § 660.510 Closures. by the end of the fishing year. This (a) Closure of the reduction fishery. amount will be estimated based on The Secretary will close the reduction catch to date in the current year and fishery during the open season provided the expected intentions of processors in § 660.511 when the total harvest and fishermen in the reduction fishery quota in the PAFA is taken. The Sec- north of Point Buchon to harvest an- retary will close only the reduction chovies in the remaining fishing year. fishery in subarea B when the subarea Reallocation under this paragraph will B reduction harvest quota is taken. be based first, on a need to increase the (b) Closure of the non-reduction fishery. subarea B harvest quota and secondly, The Secretary will close the non-reduc- on the projected reduction harvest in tion fishery in the PAFA only if the subarea A to the end of the fishing total harvest quota is taken. year. (c) Procedure for closing. (1) When the (e) Procedure for reallocation of sub- harvest quotas prescribed in § 660.509 area A reserve. (1) The Secretary may, are about to be taken, the Secretary by May 1 each year, determine the need will announce, by notification in the to increase the subarea B harvest FEDERAL REGISTER and to the Council quota as provided in paragraph (d) of and the California Department of Fish this section if the expected reduction and Game, the date of closure in one or fishery harvest in subarea B is an both subareas. amount equal to or greater than the (2) If a reduction fishery closure is subarea B harvest quota. After making announced, the reduction fishery in the a determination that the subarea B affected subarea will cease on the date harvest quota needs to be increased as of closure specified in the FEDERAL provided in paragraph (d) of this sec- REGISTER document provided by para- tion, the Secretary will make the esti- graph (c)(1) of this section, and will not mate under paragraph (d) of this sec- resume until a final determination of tion on or about May 15 and, as soon as new harvest quotas is announced under practicable after June 1, announce to § 662.509. all reduction fishing vessel owners and operators and licensed anchovy reduc- (3) The non-reduction fishery in the tion plant operators by notification in PAFA ceases on the date that a total harvest quota closure is announced the FEDERAL REGISTER and other ap- propriate notice— under paragraph (c)(1) of this section, (i) The change in the subarea B and will not resume until a new har- quota. vest quota is announced under § 660.509. (ii) The reasons for the change. § 660.511 Fishing seasons. (iii) A summary of, and responses to, any comments submitted under para- All open seasons will begin at 0001 graph (e)(3) of this section. hours and terminate at 2400 hours local (2) The Regional Administrator will time. The PAFA is closed to anchovy compile in aggregate form all data fishing except as follows: used to make the estimates under para- (a) Non-reduction fishing season. The graph (d) of this section and make open season for non-reduction fishing them available for public inspection in the PAFA is from August 1 to July during normal business hours at the 31. Southwest Regional Office at the ad- (b) Reduction fishing season. (1) In sub- dress in Table 1 § 600.502. area A, the open season for reduction (3) Comments from the public on the fishing in the PAFA is from August 1 estimates made under paragraph (d) of to June 30.
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(2) In subarea B, the open season for Harbor described by a line extending reduction fishing in the PAFA is from six (6) miles (11.11 km) 180° true from September 15 to June 30. Point Fermin (33°42.3′ N. lat., 118°17.6′ W. long.) and then to a point located § 660.512 Closed areas. three (3) miles (5.56 km) offshore on a (a) Non-reduction fishery. There are no line 225° true from Huntington Beach closed areas for non-reduction fishing Pier (33°39.2′ N. lat., 118°00.3′ W. long.). in the PAFA. (iv) Oceanside to San Diego closure (see (b) Reduction fishery. The following Figure 1). The area six (6) miles (11.11 areas are closed to reduction fishing: km) from the mainland shore south of (1) Farallon Islands closure (see Figure a line running 225° true from the tip of 1). The portion of subarea A bounded the outer breakwater (33°12.4′ N. lat., by— 117°24.1′ W. long.) of Oceanside Harbor (i) A straight line joining Pigeon Point Light (37°10.9′ N. lat., 122°23.6′ W. to the United States-Mexico Inter- long.) and the U.S. navigation light on national Boundary. Southeast Farallon Island (37°42.0′ N. lat., 123°00.1′ W. long.). § 660.513 Gear limitations. (ii) A straight line joining the U.S. (a) Nonreduction fishery. There are no navigation light on Southeast Farallon limitations on gear used in the non-re- Island (37°42.0′ N. lat., 123°00.1′ W. long.) duction fishery. and the U.S. navigation light on Point (b) Reduction fishery. Authorized fish- Reyes (37°59.7′ N. lat., 123°01.3′ W. long.). ing gear only may be used in the reduc- (2) Subarea B closures. That portion of tion fishery. Authorized fishing gear subarea B described as— will be round haul nets that have a (i) Oxnard closure (see Figure 1). The minimum wet-stretch mesh size of 10/16 area that extends offshore four (4) of an inch (1.59 cm) excluding the bag miles (7.41 km) from the mainland portion of a purse seine. The bag por- shore between lines running 250° true tion must be constructed as a single from the steam plant stack at unit and must not exceed a rectangular Manadalay Beach (34°12.4′ N. lat., 119°15.0′ W. long.) and 220° true from the area adjacent to 20 percent of the total steam plant stack at Ormond Beach corkline of the purse seine. Minimum (34°07.8′ N. lat., 119°10.0′ W. long.). mesh size requirements are met if a (ii) Santa Monica Bay closure (see Fig- stainless steel wedge can be passed ure 1). Santa Monica Bay shoreward of with only thumb pressure through 16 of that line from Malibu Point (34°01.8′ N. 20 sets of two meshes each of wet mesh. lat., 188°40.8′ W. long.) to Rocky Point The wedges used to measure trawl (Palos Verdes Point) (33°46.5′ N. lat., mesh size are made of 20 gauge stain- 118°25.7′ W. long.). less steel, and will be no wider than 10/ (iii) Los Angeles Harbor closure (see 16 of an inch (1.59 cm) less one thick- Figure 1). The area outside Los Angeles ness of the metal at the widest part.
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FIGURE 1—EXISTING CALIFORNIA AREA CLOSURES (HATCHED AREAS EXTEND TO 3 MILES (5.56 KM) OFFSHORE; CROSS-HATCHED AREAS EXTEND BEYOND 3 MILES (5.56 KM) 0FFSHORE) AND OPTIONAL CATALINA CHANNEL FOREIGN VESSEL CLOSURE (OUT- LINED BY DASHED LINES)
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TABLE 1 TO PART 660.ÐQUOTAS FOR PRECIOUS CORALS PERMIT AREAS
Number of Gear re- Name of coral bed Type of 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 S GÐ20 kg ...... 1 S BÐ17 kg ...... 1 S Kaena Point ...... C PÐ67 kg ...... 1 S GÐ20 kg ...... 1 S BÐ17 kg ...... 1 S Brooks Bank ...... C PÐ17 kg ...... 1 N GÐ133 kg ...... 1 N BÐ111 kg ...... 1 N 180 Fathom Bank ...... C PÐ222 kg ...... 1 N GÐ67 kg ...... 1 N BÐ56 kg ...... 1 N Westpac Bed ...... R Zero (0 kg) ...... Hawaii, American Samoa, Guam, U.S. XÐ1,000 kg (all species combined ex- 1 N Pacific Island possessions. cept black corals) per area. Notes: 1. Types of corals: P=Pink G=Gold B=Bamboo. 2. There are no restrictions under this part on the harvest of black corals, except the data submission requirements (§ 660.3). State regulations on black coral harvesting are not superseded by this part. 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 660.ÐVESSEL CAPACITY RAT- TABLE 2 TO PART 660.ÐVESSEL CAPACITY RAT- INGS FOR WEST COAST GROUNDFISH LIMITED INGS FOR WEST COAST GROUNDFISH LIMITED ENTRY PERMITS ENTRY PERMITSÐContinued
Capacity Capacity Vessel length rating Vessel length rating
<20 ...... 1.00 52 ...... 10.90 21 ...... 1.13 53 ...... 11.43 22 ...... 1.27 54 ...... 11.98 23 ...... 1.42 55 ...... 12.54 24 ...... 1.58 56 ...... 13.12 25 ...... 1.75 57 ...... 13.71 26 ...... 1.93 58 ...... 14.32 27 ...... 2.12 59 ...... 14.95 28 ...... 2.32 60 ...... 15.59 29 ...... 2.53 61 ...... 16.25 30 ...... 2.76 62 ...... 16.92 31 ...... 2.99 63 ...... 17.61 32 ...... 3.24 64 ...... 18.32 33 ...... 3.50 65 ...... 19.04 34 ...... 3.77 66 ...... 19.78 35 ...... 4.05 67 ...... 20.54 36 ...... 4.35 68 ...... 21.32 37 ...... 4.66 69 ...... 22.11 38 ...... 4.98 70 ...... 22.92 39 ...... 5.31 71 ...... 23.74 40 ...... 5.66 72 ...... 24.59 41 ...... 6.02 73 ...... 25.45 42 ...... 6.39 74 ...... 26.33 43 ...... 6.78 75 ...... 27.23 44 ...... 7.18 76 ...... 28.15 45 ...... 7.59 77 ...... 29.08 46 ...... 8.02 78 ...... 30.04 47 ...... 8.47 79 ...... 31.01 48 ...... 8.92 80 ...... 32.00 49 ...... 9.40 81 ...... 33.01 50 ...... 9.88 82 ...... 34.04 51 ...... 10.38 83 ...... 35.08
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TABLE 2 TO PART 660.ÐVESSEL CAPACITY RAT- TABLE 2 TO PART 660.ÐVESSEL CAPACITY RAT- INGS FOR WEST COAST GROUNDFISH LIMITED INGS FOR WEST COAST GROUNDFISH LIMITED ENTRY PERMITSÐContinued ENTRY PERMITSÐContinued
Capacity Capacity Vessel length rating Vessel length rating
84 ...... 36.15 153 ...... 155.94 85 ...... 37.24 154 ...... 156.57 86 ...... 38.34 155 ...... 157.20 87 ...... 39.47 156 ...... 157.83 88 ...... 40.61 157 ...... 158.46 89 ...... 41.77 158 ...... 159.10 90 ...... 42.96 159 ...... 159.73 91 ...... 44.16 160 ...... 160.36 92 ...... 45.38 161 ...... 160.99 93 ...... 46.63 162 ...... 161.62 94 ...... 47.89 163 ...... 162.25 95 ...... 49.17 164 ...... 162.88 96 ...... 50.48 165 ...... 163.51 97 ...... 51.80 166 ...... 164.14 98 ...... 53.15 167 ...... 164.77 99 ...... 54.51 168 ...... 165.41 100 ...... 55.90 169 ...... 166.04 101 ...... 57.31 170 ...... 166.67 102 ...... 58.74 171 ...... 167.30 103 ...... 60.19 172 ...... 167.93 104 ...... 61.66 173 ...... 168.56 105 ...... 63.15 174 ...... 169.19 106 ...... 64.67 175 ...... 169.82 107 ...... 66.20 176 ...... 170.45 108 ...... 67.76 177 ...... 171.08 109 ...... 69.34 178 ...... 171.72 110 ...... 70.94 179 ...... 172.35 111 ...... 72.57 180 ...... 172.98 112 ...... 74.21 181 ...... 173.61 113 ...... 75.88 182 ...... 174.24 114 ...... 77.57 183 ...... 174.87 115 ...... 79.28 184 ...... 175.50 116 ...... 81.02 185 ...... 176.13 117 ...... 82.77 186 ...... 176.76 118 ...... 84.55 187 ...... 177.40 119 ...... 86.36 188 ...... 178.03 120 ...... 88.18 189 ...... 178.66 121 ...... 90.03 190 ...... 179.29 122 ...... 91.90 191 ...... 179.92 123 ...... 93.80 192 ...... 180.55 124 ...... 95.72 193 ...... 181.18 125 ...... 97.66 194 ...... 181.81 126 ...... 99.62 195 ...... 182.44 127 ...... 101.61 196 ...... 183.07 128 ...... 103.62 197 ...... 183.71 129 ...... 105.66 198 ...... 184.34 130 ...... 107.72 199 ...... 184.97 131 ...... 109.80 200 ...... 185.60 132 ...... 111.91 201 ...... 186.23 133 ...... 114.04 202 ...... 186.86 134 ...... 116.20 203 ...... 187.49 135 ...... 118.38 204 ...... 188.12 136 ...... 120.58 205 ...... 188.75 137 ...... 122.81 206 ...... 189.38 138 ...... 125.06 207 ...... 190.02 139 ...... 127.34 208 ...... 190.65 140 ...... 129.64 209 ...... 191.28 141 ...... 131.97 210 ...... 191.91 142 ...... 134.32 211 ...... 192.54 143 ...... 136.70 212 ...... 193.17 144 ...... 139.10 213 ...... 193.80 145 ...... 141.53 214 ...... 194.43 146 ...... 143.98 215 ...... 195.06 147 ...... 146.46 216 ...... 195.69 148 ...... 148.96 217 ...... 196.33 149 ...... 151.49 218 ...... 196.96 150 ...... 154.05 219 ...... 197.59 151 ...... 154.68 220 ...... 198.22 152 ...... 155.31 221 ...... 198.85
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TABLE 2 TO PART 660.ÐVESSEL CAPACITY RAT- TABLE 2 TO PART 660.ÐVESSEL CAPACITY RAT- INGS FOR WEST COAST GROUNDFISH LIMITED INGS FOR WEST COAST GROUNDFISH LIMITED ENTRY PERMITSÐContinued ENTRY PERMITSÐContinued
Capacity Capacity Vessel length rating Vessel length rating
222 ...... 199.48 291 ...... 243.02 223 ...... 200.11 292 ...... 243.65 224 ...... 200.74 293 ...... 244.28 225 ...... 201.37 294 ...... 244.91 226 ...... 202.01 295 ...... 245.55 227 ...... 202.64 296 ...... 246.18 228 ...... 203.27 297 ...... 246.81 229 ...... 203.90 298 ...... 247.44 230 ...... 204.53 299 ...... 248.07 231 ...... 205.16 300 ...... 248.70 232 ...... 205.79 301 ...... 249.33 233 ...... 206.42 302 ...... 249.96 234 ...... 207.05 303 ...... 250.59 235 ...... 207.68 304 ...... 251.22 236 ...... 208.32 305 ...... 251.86 237 ...... 208.95 306 ...... 252.49 238 ...... 209.58 307 ...... 253.12 239 ...... 210.21 308 ...... 253.75 240 ...... 210.84 309 ...... 254.38 241 ...... 211.47 310 ...... 255.01 242 ...... 212.10 311 ...... 255.64 243 ...... 212.73 312 ...... 256.27 244 ...... 213.36 313 ...... 256.90 245 ...... 213.99 314 ...... 257.54 246 ...... 214.63 315 ...... 258.17 247 ...... 215.26 316 ...... 258.80 248 ...... 215.89 317 ...... 259.43 249 ...... 216.52 318 ...... 260.06 250 ...... 217.15 319 ...... 260.69 251 ...... 217.78 320 ...... 261.32 252 ...... 218.41 321 ...... 261.95 253 ...... 219.04 322 ...... 262.58 254 ...... 219.67 323 ...... 263.21 255 ...... 220.30 324 ...... 263.85 256 ...... 220.94 325 ...... 264.48 257 ...... 221.57 326 ...... 265.11 258 ...... 222.20 327 ...... 265.74 259 ...... 222.83 328 ...... 266.37 260 ...... 223.46 329 ...... 267.00 261 ...... 224.09 330 ...... 267.63 262 ...... 224.72 331 ...... 268.26 263 ...... 225.35 332 ...... 268.89 264 ...... 225.98 333 ...... 269.52 265 ...... 226.61 334 ...... 270.16 266 ...... 227.25 335 ...... 270.79 267 ...... 227.88 336 ...... 271.42 268 ...... 228.51 337 ...... 272.05 269 ...... 229.14 338 ...... 272.68 270 ...... 229.77 339 ...... 273.31 271 ...... 230.40 340 ...... 273.94 272 ...... 231.03 341 ...... 274.57 273 ...... 231.66 342 ...... 275.20 274 ...... 232.29 343 ...... 275.83 275 ...... 232.93 344 ...... 276.47 276 ...... 233.56 345 ...... 277.10 277 ...... 234.19 346 ...... 277.73 278 ...... 234.82 347 ...... 278.36 279 ...... 235.45 348 ...... 278.99 280 ...... 236.08 349 ...... 279.62 281 ...... 236.71 350 ...... 280.25 282 ...... 237.34 351 ...... 280.88 283 ...... 237.97 352 ...... 281.51 284 ...... 238.60 353 ...... 282.14 285 ...... 239.24 354 ...... 282.78 286 ...... 239.87 355 ...... 283.41 287 ...... 240.50 356 ...... 284.04 288 ...... 241.13 357 ...... 284.67 289 ...... 241.76 358 ...... 285.30 290 ...... 242.39 359 ...... 285.93
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TABLE 2 TO PART 660.ÐVESSEL CAPACITY RAT- TABLE 2 TO PART 660.ÐVESSEL CAPACITY RAT- INGS FOR WEST COAST GROUNDFISH LIMITED INGS FOR WEST COAST GROUNDFISH LIMITED ENTRY PERMITSÐContinued ENTRY PERMITSÐContinued
Vessel length Capacity Capacity rating Vessel length rating
360 ...... 286.56 381 ...... 299.81 361 ...... 287.19 382 ...... 300.44 362 ...... 287.82 383 ...... 301.08 363 ...... 288.46 384 ...... 301.71 364 ...... 289.09 385 ...... 302.34 365 ...... 289.72 386 ...... 302.97 366 ...... 290.35 387 ...... 303.60 367 ...... 290.98 388 ...... 304.23 368 ...... 291.61 389 ...... 304.86 369 ...... 292.24 390 ...... 305.49 370 ...... 292.87 391 ...... 306.12 371 ...... 293.50 392 ...... 306.75 372 ...... 294.13 393 ...... 307.39 373 ...... 294.77 394 ...... 308.02 374 ...... 295.40 395 ...... 308.65 375 ...... 296.03 396 ...... 309.28 376 ...... 296.66 397 ...... 309.91 377 ...... 297.29 398 ...... 310.54 378 ...... 297.92 399 ...... 311.17 379 ...... 298.55 >400 ...... 311.80 380 ...... 299.18
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FIGURE 1 to Part 660—Carapace Length of Lobsters
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FIGURE 2 to Part 660—Length of Longline Vessel
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FIGURE 3 TO PART 660ÐDRESSED, HEAD-OFF LENGTH OF SALMON
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PART 678—ATLANTIC SHARKS persons aboard, including operator and crew. Subpart A—General Provisions Dealer means the person in the Unit- ed States who first receives by way of Sec. purchase, barter, or trade, sharks har- 678.1 Purpose and scope. vested from the management unit. 678.2 Definitions. Dress means to remove head, viscera, 678.3 Relation to other laws. and fins, but does not include removal 678.4 Permits and fees. of the backbone, halving, quartering, 678.5 Recordkeeping and reporting. 678.6 Vessel identification. or otherwise further reducing the car- 678.7 Prohibitions. cass. 678.8 Facilitation of enforcement. Drift gillnet, sometimes called a drift 678.9 Penalties. entanglement net or drift net, means a 678.10 At-sea observer coverage. flat net, unattached to the ocean bot- tom, whether or not it is attached to a Subpart B—Management Measures vessel, designed to be suspended verti- 678.20 Fishing year. cally in the water to entangle the head 678.21 Gear restrictions. or other body parts of a shark that at- 678.22 Harvest limitations. tempts to pass through the meshes. 678.23 Bag limits. Eviscerate means removal of the ali- 678.24 Commercial quotas. mentary organs only. 678.25 Closures. Fillet means to remove slices of fish 678.26 Restrictions on sale upon landing. flesh, of irregular size and shape, from 678.27 Adjustment of management meas- the carcass by cuts made parallel to ures. the backbone. 678.28 Specifically authorized activities. 678.29 Catch-and-release program. Headboat means a vessel that holds a valid Certificate of Inspection issued AUTHORITY: 16 U.S.C. 1801 et seq. by the Coast Guard to carry passengers SOURCE: 58 FR 21944, Apr. 26, 1993, unless for hire. A headboat with a permit is- otherwise noted. sued under § 678.4 is considered to be operating as a headboat when it carries Subpart A—General Provisions a passenger who pays a fee or when there are more than three persons § 678.1 Purpose and scope. aboard, including operator and crew. (a) The purpose of this part is to im- Landed or landing means to arrive at plement the Fishery Management Plan a dock, berth, beach, seawall, or ramp. for Sharks of the Atlantic Ocean (FMP) Large coastal species means any of the prepared by the Secretary of Com- species, or a part thereof, listed in merce. paragraph (1) of the definition of man- (b) This part governs conservation agement unit. and management of sharks in the man- Management unit means the following agement unit. species in the Western North Atlantic Ocean including the Gulf of Mexico and § 678.2 Definitions. the Caribbean Sea: In addition to the definitions in the (1) Large coastal species: Magnuson Act and in § 620.2 of this Hammerhead sharks—Sphyrnidae chapter, the terms used in this part Great hammerhead, Sphyrna mokarran have the following meaning: Scalloped hammerhead, Sphyrna lewini Charter vessel means a vessel less Smooth hammerhead, Sphyrna zygaena Mackerel sharks—Lamnidae than 100 gross tons (90.8 metric tons) White shark, Carcharodon carcharias that meets the requirements of the Nurse sharks—Ginglymostomatidae Coast Guard to carry six or fewer pas- Nurse shark, Ginglymostoma cirratum sengers for hire and that carries a pas- Requiem sharks—Carcharhinidae senger for hire at any time during the Bignose shark, Carcharhinus altimus calendar year. A charter vessel with a Blacktip shark, Carcharhinus limbatus Bull shark, Carcharhinus leucas permit issued under § 678.4 is considered Caribbean reek shark, Carcharhinus perezi to be operating as a charter vessel Dusky shark, Carcharhinus obscurus when it carries a passenger who pays a Galapagos shark, Carcharhinus galapagensis fee or when there are more than three Lemon shark, Negaprion brevirostris
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Narrowtooth shark, Carcharhinus Shark means any of these species list- brachyurus ed in the definition of the management Night shark, Carcharhinus signatus unit, or a part thereof. Sandbar shark, Carcharhinus plumbeus Silky shark, Carcharhinus falciformis Shark tournament means any fishing Spinner shark, Carcharhinus brevipinna competition involving sharks in which Tiger shark, Galeocerdo cuvieri participants must register or otherwise (2) Small coastal species: enter or in which a prize or award is of- fered for catching a shark. Angel sharks—Squatinidae Small coastal species means any of the Atlantic angel shark, Squatina dumerili species, or a part thereof, listed in Hammerhead sharks—Sphyrnidae Bonnethead, Sphyrna tiburo paragraph (2) of the definition of man- Requiem sharks—Carcharhinidae agement unit. Atlantic sharpnose shark, Rhizoprionodon Trip means a fishing trip, regardless terraenovae of number of days duration, that beings Blacknose shark, Carcharhinus acronotus with departure from a dock, berth, Caribbean sharpnose shark, Rhizoprionodon beach, seawall, or ramp and that termi- porosus Finetooth shark, Carcharhinus isodon nates with return to a dock, berth, Smalltail shark, Carcharhinus porosus beach, seawell, or ramp. Trip limit means the total allowable (3) Pelagic species: take from a single trip as defined in Cow sharks—Hexanchidae this section. Bigeye sixgill shark, Hexanchus vitulus Weightout slip means the document Sevengill shark, Heptranchias perlo provided by the person weighing the Sixgill shark, Hexanchus griseus shark carcasses and fins to the owner Mackerel sharks—Lamnidae Longfin mako, Isurus paucus or operator of a permitted vessel that Porbeagle shark, Lamna nasus records the weights of the shark car- Shortfin mako, Isurus oxyrinchus casses and fins, prior to or as part of, a Requiem sharks—Carcharhinidae commercial transaction involving such Blue shark, Prionace glauca shark carcasses and/or fins. Any docu- Oceanic whitetip shark, Carcharhinus ment such as ‘‘tally slip,’’ ‘‘trip tick- longimanus et,’’ or ‘‘sales receipt,’’ that contains Thresher sharks—Alopiidae Bigeye thresher, Alopias superciliosus such information will be considered as Thresher shark, Alopias vulpinus a weighout slip. (4) Prohibited species: [58 FR 21944, Apr. 26, 1993, as amended at 58 FR 68558, Dec. 28, 1993; 59 FR 52456, Oct. 18, Basking sharks - Cetorhinidae 1994; 60 FR 35341, July 7, 1995; 62 FR 16655, Basking shark - Cetorhinidae maximus Apr. 7, 1997] Mackerel sharks - Lamnidae White shark - Carcharodon carcharias § 678.3 Relation to other laws. Sand tiger sharks - Odontaspididae Bigeye sand tiger - Odontaspis noronhai (a) The relation of this part to other Sand tiger - Odontaspis taurus laws is set forth in § 620.3 of this chap- Whale sharks - Rhincodontidae ter and paragraphs (b) and (c) of this Whale shark - Rhincodon typus section. Pelagic species means any of the spe- (b) In accordance with regulations is- cies, or a part thereof, listed in para- sued under the Marine Mammal Pro- graph (3) of the definition of manage- tection Act of 1972, as amended, it may ment unit. be unlawful for a commercial fishing Regional Director means the Director, vessel, a vessel owner, or a master or Southeast Region, NMFS, 9721 Execu- operator of a vessel to engage in a tive Center Drive N., St. Petersburg, longline or gillnet shark fishery in the FL 33702; telephone 813–570–5301, or a Atlantic Ocean (including the Gulf of designee. Mexico and Caribbean Sea) unless the Science and Research Director means vessel owner or authorized representa- the Science and Research Director, tive has complied with specified re- Southeast Fisheries Science Center, quirements including, but not limited NMFS, 75 Virginia Beach Drive, Miami, to, registration, exemption certifi- FL 33149, telephone 305–361–5761, or a cates, decals, and reports, as contained designee. in 50 CFR part 229.
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(c) Regulations governing fishing in holder; in the case of a partnership, the the EEZ by vessels other than vessels qualifying general partner) or operator of the United States appear at 50 CFR of the vessel. The application must be part 611, subpart A, and §§ 611.60 and submitted to the Regional Director at 611.61 of subpart D. least 30 days prior to the date on which the applicant desires to have the per- § 678.4 Permits and fees. mit made effective. (a) Applicability. (1) Annual vessel per- (2) An applicant must provide the fol- mit. (i) As a prerequisite to sell shark lowing information: from the management unit or to be eli- (i) A copy of the vessel’s U.S. Coast gible for exemption from the bag limits Guard certificate of documentation or, specified in § 678.23(b), an owner or op- if not documented, a copy of its state erator of a vessel that fishes in the registration certificate. EEZ must obtain an annual vessel per- (ii) The vessel’s name and official mit; except that there is no Federal re- number. quirement for a permit for a vessel that fishes exclusively within state wa- (iii) Name, mailing address including ters. ZIP code, telephone number, and social (ii) For a vessel owned by a corpora- security number, and date of birth of tion or partnership to be eligible for a the owner (if the owner is a corpora- vessel permit, the earned income quali- tion/partnership, in lieu of the social fication specified in paragraph (b)(2)(vi) security number, provide the employer of this section must be met by, and the identification number, if one has been statement required by that paragraph assigned by the Internal Revenue Serv- must be submitted by, an officer or ice (IRS), and, in lieu of the date of shareholder of the corporation, a gen- birth, provide the date the corporation/ eral partner of the partnership, or the partnership was formed). vessel operator. (iv) If the owner does not meet the (iii) A vessel permit issued upon the earned income qualification specified qualification of an operator is valid in paragraph (b)(2)(vi) of this section only when that person is the operator and the operator does meet that quali- of the vessel. fication, the name, mailing address in- (iv) An owner or operator who applies cluding ZIP code, telephone number, for a permit under paragraph (b) of this social security number, and date of section must agree, as a condition of birth of the operator. such permit, that the vessel’s shark (v) Information concerning vessel, fishing, catch, and gear are subject to gear used, fishing areas, and fisheries the requirements of this part during vessel is used in, as requested by the the period of validity of the permit, Regional Director and included on the without regard to whether such fishing application form. occurs in the EEZ, landward of the (vi) A sworn statement by the appli- EEZ, or outside the EEZ, and without cant certifying that, during 1 of the 3 regard to where such shark or gear are calendar years preceding the applica- possessed, taken, or landed. However, tion, when a vessel fishes in the waters of a (A) More than 50 percent of his or her state that has more restrictive regula- earned income was derived from com- tions on shark fishing, those more re- mercial fishing, that is, sale of the strictive regulations may be applied by catch, or from charter or headboat op- that state to fishing, catch, and gear in its waters. erations; or (2) Annual dealer permit. A dealer who (B) His or her gross sales of fish were receives sharks from the management more than $20,000; or unit must have an annual dealer per- (C) For a vessel owned by a corpora- mit. tion or partnership, the gross sales of (b) Application for an annual vessel fish of the corporation or partnership permit. (1) An application for a vessel were more than $20,000. permit must be submitted and signed (vii) Documentation supporting the by the owner (in the case of a corpora- statement of income, if required under tion, the qualifying officer or share- paragraph (b)(3) of this section.
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(viii) A sworn statement that the ap- ing the administrative costs of each plicant agrees to the conditions speci- special product or service. The fee may fied in paragraph (a)(4) of this section. not exceed such costs and is specified (ix) Any other information that may with each application form. The appro- be necessary for the issuance or admin- priate fee must accompany each appli- istration of the permit, as requested by cation. the Regional Director and included on (e) Issuance. (1) The Regional Direc- the application form. tor will issue a permit at any time to (3) The Regional Director may re- an applicant if the application is com- quire the applicant to provide docu- plete and, in the case of the annual ves- mentation supporting the sworn state- sel permit specified in paragraph (a)(1) ment under paragraph (b)(2)(vi) of this of this section, the applicant meets the section before a permit is issued or to substantiate why such permit should earned income requirement specified in not be revoked or otherwise sanctioned paragraph (b)(2)(vi) of this section. An under paragraph (i) of this section. application is complete when all re- Such required documentation may in- quested forms, information, and docu- clude copies of appropriate forms and mentation have been received and the schedules from the applicant’s income applicant has submitted all applicable tax return. Copies of income tax forms reports specified at § 678.5 (a) or (b). and schedules are treated as confiden- (2) Upon receipt of an incomplete ap- tial. plication, the Regional Director will (c) Application for an annual dealer notify the applicant of the deficiency. permit. (1) An application for a dealer If the applicant fails to correct the de- permit must be submitted and signed ficiency within 90 days of the date of by the dealer or an officer of a corpora- the Regional Director’s letter of notifi- tion acting as a dealer. The application cation, the application will be consid- must be submitted to the Regional Di- ered abandoned. rector at least 30 days prior to the date (f) Duration. A permit remains valid on which the applicant desires to have for the period specified on it, and the the permit made effective. conditions accepted upon its issuance (2) A permit applicant must provide remain in effect for that period, unless the following information: the vessel is sold or the permit is re- (i) A copy of each state wholesaler’s voked, suspended, or modified pursuant license held by the dealer. (ii) Business name; mailing address, to subpart D of 15 CFR part 904. including zip code, of the principal of- (g) Transfer. (1) A vessel permit is- fice of the business; employer identi- sued under paragraph (b) of this section fication number, if one has been as- is not transferable or assignable. A per- signed by the Internal Revenue Serv- son purchasing a permitted vessel who ice; and date the business was formed. desires to conduct activities for which (iii) The address of each physical fa- a permit is required must apply for a cility at a fixed location where the permit in accordance with the provi- business receives fish. sions of paragraph (b) of this section. (iv) Applicant’s name; official capac- The application must be accompanied ity in the business; address, including by a copy of a signed bill of sale. zip code; telephone number; social se- (2) A dealer permit issued under para- curity number; and date of birth. graph (c) of this section may be trans- (v) Any other information that may ferred upon sale of the dealer’s busi- be necessary for the issuance or admin- ness. However, such transferred permit istration of the permit, as requested by remains valid for a period not to exceed the Regional Director and included on 30 days after sale of the dealer’s busi- the application form. ness. A person purchasing a permitted (d) Fees. A fee is charged for each per- dealership who desires to conduct ac- mit application submitted under para- tivities for which a permit is required graph (b) or (c) of this section. The amount of the fee is calculated in ac- after that 30-day period must apply cordance with the procedures of the promptly for a permit in accordance NOAA Finance Handbook for determin- with paragraph (c) of this section.
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(h) Display. A vessel permit issued the logbook forms described in para- pursuant to paragraph (b) of this sec- graph (a)(2) of this section but has been tion must be carried on board the ves- selected to maintain and submit log- sel and such vessel must be identified book forms to the Science and Re- as required by § 678.6. A dealer permit search Director in a fishery other than issued pursuant to paragraph (c) of this the shark fishery must attach the cop- section must be available on the deal- ies of the sales receipts to the logbook er’s premises. The operator of a vessel forms for that other fishery and submit or a dealer must present the permit for them in the time frame required for inspection upon the request of an au- those logbook forms. thorized officer. (iii) The owner or operator of a vessel (i) Sanctions and denials. A permit is- that has not been selected to submit sued pursuant to this section may be logbook forms to the Science and Re- revoked, suspended, or modified, and a search Director in any fishery must permit application may be denied, in submit the copies to the Science and accordance with the procedures govern- Research Director postmarked not ing enforcement-related permit sanc- later than the third day after sale of tions and denials found at subpart D of the fish off-loaded from a trip. 15 CFR part 904. (2) Selected permitted vessels. An owner (j) Alteration. A permit that is al- or operator of a vessel for which a per- tered, erased, or mutilated is invalid. mit has been issued pursuant to § 678.4 (k) Replacement. A replacement per- and that is selected by the Science and mit may be issued. An application for a Research Director must maintain and replacement permit will not be consid- submit logbook forms for each trip on ered a new application. A fee, the forms provided by the Science and Re- amount of which is stated with the ap- search Director. The logbook forms plication form, must accompany each will provide a record of fishing loca- request for a replacement permit. tion, time fished, fishing gear used, (l) Change in application information. numbers of each species caught, and The owner or operator of a vessel with numbers of each species discarded. a permit or a dealer with a permit Logbook forms must be maintained must notify the Regional Director and submitted for each trip, whether or within 30 days after any change in the not shark are caught on that trip. The application information required by logbook forms must be submitted to paragraph (b) or (c) of this section. The the Science and Research Director permit is void if any change in the in- postmarked not later than the fifth formation is not reported within 30 day after sale of the fish off-loaded days. from a trip. If no fishing occurred dur- [58 FR 21944, Apr. 26, 1993; 58 FR 27336, May 7, ing a month, a report so stating must 1993; 59 FR 52456, Oct. 18, 1994] be submitted in accordance with in- structions provided with the forms. § 678.5 Recordkeeping and reporting. (b) Dealer reports. (1) A dealer who has (a) Vessel reports—(1) All permitted ves- been issued a dealer permit pursuant to sels. An owner or operator of a vessel § 678.4 must submit a report to the for which a permit has been issued pur- Science and Research Director as spec- suant to § 678.4 must submit copies of ified in paragraph (b)(2) of this section. weighout slips that record the weights A report form is available from the of fish sold from any trip from which a Science and Research Director. The shark is off-loaded. Such weighout slips following information must be included must be submitted as follows: in each report: (i) The owner or operator of a vessel (i) Name, address, and permit number that has been selected by the Science of the dealer. and Research Director to maintain and (ii) Names and official numbers of submit the logbook forms described in fishing vessels from which shark were paragraph (a)(2) of this section must received. submit the copies of the sales receipts (iii) Dates of receipt of shark. attached to such logbook forms. (iv) Listed by each port and county (ii) The owner or operator of a vessel where shark were off-loaded from fish- that has not been selected to submit ing vessels:
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(A) Total weight (pounds) by market (c) Tournament operators. A person category, and species, for shark, if ap- conducting a shark tournament who is plicable, and for other species received selected by the Science and Research with the shark, including, but not lim- Director must maintain and submit a ited to, swordfish, yellowfin tuna, big- record of catch and effort on forms eye tuna, and albacore; and available from the Science and Re- (B) Price per pound or total value search Director. Completed forms must paid by market category, and species, be submitted to the Science and Re- for shark and other species, to the ex- search Director postmarked not later tent that such price information is than the seventh day after the conclu- known at the time of reporting. sion of the tournament and must be ac- (2) A report of shark and other appli- companied by a copy of the tour- cable species received by a dealer on nament rules. the first through the 15th days of each month must be submitted to the (d) Additional data and inspection. Ad- Science and Research Director post- ditional data may be collected by au- marked not later than the 20th day of thorized statistical reporting agents, that month. A report of shark and as designees of the Science and Re- other applicable species received by the search Director, and by authorized offi- dealer on the 16th through the last day cers. An owner or operator of a fishing of each month must be submitted to vessel and a dealer are required to the Science and Research Director make sharks available for inspection postmarked not later than the fifth by the Science and Research Director day of the following month. If no shark or an authorized officer and to provide was received during the reporting pe- data on catch and effort, as requested. riod, a report so stating must be sub- mitted postmarked as specified for [58 FR 21944, Apr. 26, 1993, as amended at 59 that respective reporting period. FR 52456, Oct. 18, 1994; 62 FR 16655, Apr. 7, 1997] (3) The reporting requirement of paragraph (b)(1) of this section may be § 678.6 Vessel identification. satisfied by providing a copy of each appropriate weigh-out sheet and/or (a) Official number. A vessel for which sales record, provided such weigh-out a permit has been issued pursuant to sheet and/or sales record, by itself or § 678.4 must display its official num- combined with the form available from ber— the Science and Research Director, in- (1) On the port and starboard sides of cludes all of the required information. the deck house or hull and on an appro- (4) For purposes of this paragraph (b), priate weather deck so as to be clearly for a shark offloaded from a fishing visible from an enforcement vessel or vessel in an Atlantic coastal state from aircraft; Maine through Virginia, ‘‘Science and (2) In block arabic numerals in con- Research Director’’ means the Science trasting color to the background; and Research Director, Northeast Fish- (3) At least 18 inches (45.7 cm) in eries Science Center, NMFS, Woods height for fishing vessels over 65 feet Hole, MA 02543, telephone 617–548–5123, (19.8 meters) in length and at least 10 or a designee. For a shark offloaded inches (25.4 cm) in height for all other from a fishing vessel in an Atlantic vessels; and coastal state from Maine through Vir- (4) Permanently affixed to or painted ginia, in lieu of providing a required re- on the vessel. port to the Science and Research Di- rector by mail, as specified in para- (b) Duties of operator. The operator of graph (b)(2) of this section, a dealer each fishing vessel must— may provide a report to a state or Fed- (1) Keep the official number clearly eral fishery port agent designated by legible and in good repair; and the Science and Research Director. Re- (2) Ensure that no part of the fishing ports so provided must be delivered to vessel, its rigging, its fishing gear, or such port agent not later than the pre- any other material aboard obstructs scribed postmark date for submitting the view of the official number from an each such report. enforcement vessel or aircraft.
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§ 678.7 Prohibitions. cess, and assistance, as specified in (a) In addition to the general prohibi- § 678.10(c). tions specified in § 620.7 of this chapter, (13) Remove the fins from a shark and except as permitted under § 678.29, and discard the remainder, as specified it is unlawful for any person to do any in § 678.22 (a)(1). of the following: (14) Possess shark fins, carcasses, or (1) Fish for, purchase, trade, barter, parts on board, or offload shark fins or possess or attempt to fish for, pur- from, a fishing vessel, except as speci- chase, trade, barter, or possess the fol- fied in § 678.22, or possess shark car- lowing prohibited species: casses or parts on board, or offload Basking sharks-Cetorhinidae shark fins, carcasses, or parts from, a Basking shark, Cetorhinus maximus vessel, except as specified in Mackerel sharks-Lamnidae § 678.22(a)(2) and (3). White sharks-Carcharodon carcharias (15) Fail to release a shark that will Sand tiger sharks-Odontaspididae not be retained in the manner specified Bigeye sand tiger, Odontaspis in § 678.22(b). noronhai (16) Land, or possess on any trip, Sand tiger shark, Odontaspis taurus shark in excess of the vessel trip limit, Whale sharks-Rhincodontidae as specified in § 678.22(c)(1). Whale shark, Rhincodon typus (17) Transfer a shark at sea, as speci- (2) Sell shark from the management fied in §§ 678.22(c)(2) and 678.23(e). unit or be exempt from the bag limits (18) Fillet a shark at sea, as specified without a vessel permit as specified in in § 678.22(d), except that sharks may be § 678.4(a)(1). eviscerated and the head and fins may (3) Purchase, trade, or barter, or at- be removed. tempt to purchase, trade, or barter, a (19) Exceed the bag limits, as speci- shark from the management unit with- fied in § 678.23 (a) through (c), or oper- out an annual dealer permit, as speci- ate a vessel with a shark on board in fied in § 678.4(a)(2). excess of the bag limits, as specified in (4) Falsify information required in § 678.23(d). § 678.4(b) and (c) on an application for a permit. (20) Sell, trade, or barter, or attempt (5) Fail to display a permit, as speci- to sell, trade, or barter, a shark har- fied in § 678.4(h). vested in the EEZ, except as an owner (6) Falsify or fail to provide informa- or operator of a vessel with a permit, tion required to be maintained, submit- as specified in § 678.25(a), or sell, trade, ted, or reported, as specified in § 678.5. or barter, or attempt to sell, trade or (7) Fail to make a shark available for barter, a shark from the management inspection or provide data on catch and unit, except as an owner or operator of effort, as required by § 678.5(d). a vessel with a permit, as specified in (8) Falsify or fail to display and § 678.26. maintain vessel identification, as re- (21) Purchase, trade, or barter, or at- quired by § 678.6. tempt to purchase, trade or barter, (9) Falsify or fail to provide re- shark meat or fins from the manage- quested information regarding a ves- ment unit from an owner or operator of sel’s trip, as specified in § 678.10(a). a vessel that does not possess a vessel (10) Fail to embark an observer on a permit, as specified in § 678.26(b); or trip when selected, as specified in sell, trade, or barter, or attempt to § 678.10(b). sell, trade, or barter, a shark from the (11) Assault, resist, oppose, impede, management unit, except to a per- harass, intimidate, or interfere with a mitted dealer, as specified in § 678.26(d). NMFS-approved observer aboard a ves- (22) Sell, purchase, trade, or barter, sel or prohibit or bar by command, im- or attempt to sell, purchase, trade, or pediment, threat, coercion, or refusal barter, shark fins that are dispropor- of reasonable assistance, an observer tionate to the weight of carcasses land- from conducting his/her duties aboard ed, as specified in § 678.26(c). a vessel. (23) Interfere with, obstruct, delay, or (12) Fail to provide an observer with prevent by any means an investigation, the required food, accommodations, ac- search, seizure, or disposition of seized
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property in connection with enforce- (4) Allow the observer free and unob- ment of the Magnuson-Stevens Act. structed access to the vessel’s bridge, (24) During a closure for a shark spe- working decks, holding bins, weight cies group, retain a shark of that spe- scales, holds, and any other space used cies group on board a vessel that has to hold, process, weigh, or store fish; been issued a permit under § 678.4, ex- and cept as provided in § 678.24(a), or sell, (5) Allow the observer to inspect and purchase, trade, or barter or attempt copy the vessel’s log, communications to sell, purchase, trade, or barter a logs, and any records associated with shark of that species group, as speci- the catch and distribution of fish. fied in § 678.24. (25) Fish for sharks with a drift gillnet that is 2.5 km or more in length Subpart B—Management or possess a shark aboard a vessel pos- Measures sessing such drift gillnet, as specified in § 678.21. § 678.20 Fishing year. (b) [Reserved] The fishing year is January 1 through December 31. [62 FR 16655, Apr. 7, 1997]
§ 678.8 Facilitation of enforcement. § 678.21 Gear restrictions. See § 620.8 of this chapter. A drift gillnet with a total length of 2.5 km or more may not be used to fish § 678.9 Penalties. for shark. A vessel using or having See § 620.9 of this chapter. aboard a drift gillnet with a total length of 2.5 km or more may not pos- § 678.10 At-sea observer coverage. sess a shark. (a) When requested by the Science [59 FR 52457, Oct. 18, 1994] and Research Director, an owner or op- erator of a vessel for which a permit § 678.22 Harvest limitations. has been issued pursuant to § 678.4 must (a) Finning. (1) The practice of ‘‘fin- advise the Science and Research Direc- ning,’’ that is, removing only the fins tor in writing not less than 10 days in and returning the remainder of the advance of each trip of the following: shark to the sea, is prohibited in the (1) Departure information (port, EEZ or aboard a vessel that has been dock, date, and time); and issued a permit pursuant to § 678.4. (2) Expected landing information (2) Shark fins that are possessed (port, dock, and date). aboard or off-loaded from a fishing ves- (b) If a vessel’s trip is selected by the Science and Research Director for ob- sel must be in proper proportion to the server coverage, the owner or operator weight of carcasses. That is, the weight of such vessel must accommodate an of fins may not exceed five percent of NMFS-approved observer. the weight of the carcasses. All fins (c) An owner or operator of a vessel must be weighed in conjunction with on which an NMFS-approved observer the weighing of the carcasses at the is embarked must— vessel’s first point of landing and such (1) Provide, at no cost to the observer weights of the fins landed must be re- or the United States government, ac- corded on the weighout slips submitted commodations and food that are equiv- by the vessel owner or operator under alent to those provided to the crew; § 678.5(a). (2) Allow the observer access to and (3) Shark fins may not be possessed use of the vessel’s communications aboard a fishing vessel after the ves- equipment and personnel upon request sel’s first point of landing. for the transmission and receipt of (b) Release. A shark that is harvested messages related to the observer’s du- in the EEZ or harvested by a vessel ties; that has been issued a permit pursuant (3) Allow the observer access to and to § 678.4 that is not retained— use of the vessel’s navigation equip- (1) Must be released in a manner that ment and personnel upon request to de- will ensure maximum probability of termine the vessel’s position; survival; and
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(2) If caught by hook and line, must (e) Transfer of sharks. A person for be released by cutting the line near the whom a bag limit specified in this sec- hook without removing the fish from tion applies may not transfer at sea a the water. shark— (c) Vessel trip limits. (1) A vessel that (1) Taken in the EEZ, regardless of has been issued a permit pursuant to where such transfer takes place; or § 678.4 may not possess on any trip, or (2) In the EEZ, regardless of where land from any trip, large coastal spe- such shark was taken. cies in excess of 4,000 lb (1,814 kg), [58 FR 21944, Apr. 26, 1993. Redesignated at 59 dressed weight. FR 52457, Oct. 18, 1994; 62 FR 16656, Apr. 7, (2) A shark from any of the three 1997; 62 FR 27704, May 21, 1997] management units may not be trans- ferred at sea from a vessel issued an § 678.24 Commercial quotas. Atlantic shark permit issued under (a) Applicability. Persons fishing § 678.4 to any other vessel. aboard vessels for which vessel permits (d) Filleting. (1) A shark from any of have been issued under § 678.4, except the three management units that is for persons aboard vessels that are op- possessed in the EEZ, or harvested by a erating as charter vessels or headboats, vessel that has been issued a permit are limited to the quotas specified in pursuant to § 678.4, may not be filleted this section. Persons aboard vessels at sea. Sharks may be eviscerated and that are operating as charter vessels or the head and fins may be removed. headboats are limited to the bag lim- [58 FR 21944, Apr. 26, 1993, as amended at 58 its, as specified in § 678.22(a)(2) and (b). FR 68558, Dec. 28, 1993; Redesignated and Large coastal or pelagic species sharks amended at 59 FR 52457, Oct. 18, 1994; 62 FR that are sold are counted against the 16656, Apr. 7, 1997] appropriate quota for their species group. § 678.23 Bag limits. (b) Semiannual. The following com- (a) Applicability. The bag limits apply mercial quotas apply: to a person who fishes in the EEZ or (1) For the period January 1 through possesses a shark in or from the EEZ June 30: aboard a vessel— (i) Large coastal species—642 metric (1) When the vessel does not have on tons, dressed weight. board a permit issued under § 678.4; or (ii) Small coastal species—880 metric (2) When the vessel is operating as a tons, dressed weight. charter vessel or headboat. (iii) Pelagic species--290 metric tons, (b) Bag limits. Bag limits are as fol- dressed weight. lows: (2) For the period July 1 through De- (1) Large coastal, small coastal and cember 31: pelagic species, combined—2 per vessel (i) Large coastal species—642 metric per trip. tons, dressed weight. (2) Atlantic sharpnose shark—2 per (ii) Small coastal species—880 metric person per trip. tons, dressed weight. (c) Combination of bag limits. A person (iii) Pelagic species—290 metric tons, to whom the bag limits apply may not dressed weight. combine a bag limit specified in para- (c) Adjustments to quotas. The Assist- graph (b) of this section with a bag or ant Administrator may adjust a semi- possession limit applicable to state wa- annual quota to reflect actual catches ters. during the preceding semi-annual pe- (d) Responsibility for the bag limits. riod. That is, catch in excess of the The operator of a vessel for which the semi-annual quota in the preceding pe- bag limits apply is responsible for the riod may be deducted from the current vessel trip limit applicable to large semi-annual quota and catch less than coastal species and pelagic species the semi-annual quota may be added. combined, and for the cumulative bag Such adjustments to semi-annual limit applicable to small coastal spe- quotas will be published in the FED- cies based on the number of persons ERAL REGISTER. Quotas may also be ad- aboard. justed under the framework procedure
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for adjustment of management meas- § 678.26 Restrictions on sale upon ures, as specified in § 678.26. landing. [58 FR 21944, Apr. 26, 1993. Redesignated at 59 Subject to the restrictions of § 678.25, FR 52457, Oct. 18, 1994; 60 FR 21469, May 2, (a) Upon landing, meat or fins from a 1995; 62 FR 16656, Apr. 7, 1997] shark from the management unit may be sold, traded, or bartered, or at- § 678.25 Closures. tempted to be sold, traded, or bartered, (a) When a commercial quota speci- only by an owner or operator of a ves- fied in § 678.24(b) is reached, or is pro- sel that has been issued a permit pur- jected to be reached, the Assistant Ad- suant to § 678.4, except that this does ministrator will publish a notice to not apply to a shark harvested from a that effect in the FEDERAL REGISTER. vessel that has not been issued a per- The effective date of such notice will mit under this part and that fished ex- be at least 5 days after the date such clusively within the waters under the notice is filed with the Office of the jurisdiction of any state. Federal Register. (b) Upon landing, meat or fins from a (1) On the effective date of such no- shark from the management unit may tice, for the remainder of the semi-an- be purchased, traded, or bartered, or nual period. attempted to be purchased, traded, or bartered, only from the owner or opera- (i) A person aboard a vessel that has tor of a vessel that has been issued a been issued a permit under § 678.4 may permit pursuant to § 678.4, except that not retain shark of the species group this does not apply to a shark har- for which the commercial quota has vested from a vessel that has not been been reached, except as provided in issued a permit under this part and paragraph (a)(2) of this section; and that fished exclusively within the wa- (ii) The sale, purchase, trade, or bar- ters under the jurisdiction of any state. ter or attempted sale, purchase, trade, (c) Fins from a shark harvested in or barter of a shark carcass or fin of the EEZ, or by a vessel that has been that species group harvested by a per- issued a permit under § 678.4, that are son aboard a vessel that has been is- disproportionate to the weight of car- sued a permit under § 678.4 is prohib- casses landed (see § 678.22(a)(2)) may not ited. be sold, purchased, traded, or bartered (2) A person aboard a charter vessel or attempted to be sold, purchased, or headboat that has been issued a per- traded, or bartered. mit under § 678.4 may retain, subject to (d) A shark from the management the bag limits specified in § 678.23(b), unit may be sold, traded, or bartered, shark of the species group for which or attempted to be sold, traded, or the commercial quota has been bartered, only to a dealer having a per- reached, provided the vessel is operat- mit under § 678.4, except that this does ing as a charter vessel or headboat. not apply to a shark harvested from a However, the prohibition of paragraph vessel that has not been issued a per- (a)(1)(ii) and of this section regarding mit under this part and that fished ex- sale, purchase, trade, or barter, or at- clusively within the waters under the tempted sale, purchase, trade, or bar- jurisdiction of any state. ter, apply to such shark. (b) The prohibition of paragraph [58 FR 21944, Apr. 26, 1993. Redesignated and amended at 59 FR 52457, Oct. 18, 1994] (a)(1)(ii) of this section regarding sale, purchase, trade, or barter, or at- § 678.27 Adjustment of management tempted sale, purchase, trade, or bar- measures. ter, by a dealer does not apply to trade In accordance with the framework in shark carcasses or fins that were regulatory adjustment procedures spec- harvested, off-loaded, and sold, traded, ified in the FMP, the Assistant Admin- or bartered, prior to the effective date istrator may establish or modify for of the notice in the FEDERAL REGISTER, species or species groups in the shark and were held in storage by a dealer or fishery the following: maximum sus- processor. tainable yield, total allowable catch, [58 FR 21944, Apr. 26, 1993. Redesignated and quotas, trip limits, bag limits, size lim- amended at 59 FR 52457, Oct. 18, 1994] its, the fishing year or fishing season,
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the species of sharks managed and the 679.32 Estimation of total pollock harvest specification of the species groups to in the CDQ fisheries (applicable through which they belong, and permitting and December 31, 1998). reporting requirements. 679.33 Halibut and sablefish CDQ. 679.34 CDQ halibut and sablefish determina- [58 FR 21944, Apr. 26, 1993. Redesignated at 59 tions and appeals. FR 52457, Oct. 18, 1994] Subpart D—Individual Fishing Quota § 678.28 Specifically authorized activi- Management Measures ties. 679.40 Sablefish and halibut QS. The Assistant Administrator may au- 679.41 Transfer of QS and IFQ. thorize, for the acquisition of informa- 679.42 Limitations on use of QS and IFQ. tion and data, activities otherwise pro- 679.43 Determinations and appeals. hibited by these regulations. 679.44 Penalties. [58 FR 21944, Apr. 26, 1993. Redesignated at 59 Subpart E—Groundfish Observer Program FR 52457, Oct. 18, 1994] 679.50 Groundfish Observer Program appli- § 678.29 Catch-and-release program. cable through December 31, 1997. (a) Notwithstanding other provisions Subpart F—Scallop Fishery Off Alaska of this part, a person may fish for, but not retain, white sharks with rod and 679.60 Gear and efficiency limits. reel only under a catch and release pro- 679.61 Registration areas. gram, provided the person releases and 679.62 General limitations. 679.63 Inseason adjustments. returns such fish to the sea imme- 679.64 Seasons. diately with a minimum of injury. 679.65 Observer requirements. (b) [Reserved] Figures—Part 679 Figure 1—BSAI Statistical and Reporting [62 FR 16656, Apr. 7, 1997] Areas Figure 2—BSAI Catcher Vessel Operational PART 679—FISHERIES OF THE EX- Area CLUSIVE ECONOMIC ZONE OFF Figure 3—Gulf of Alaska Statistical and Re- porting Areas ALASKA Figure 4—Herring Savings Areas in the BSAI Figure 5—Kodiak Island Areas Closed to Subpart A—General Nonpelagic Trawl Gear Figure 6—Length Overall of a Vessel Sec. Figure 7—Location of Trawl Gear Test Areas 679.1 Purpose and scope. in the GOA and the BSAI 679.2 Definitions. Tables—Part 679 679.3 Relation to other laws. Table 1—Product Codes 679.4 Permits. Table 2—Species Codes 679.5 Recordkeeping and reporting. Table 3—Product Recovery Rates for 679.6 Experimental fisheries. Groundfish Species 679.7 Prohibitions. Table 4—Bering Sea Subarea Steller Sea 679.8 Facilitation of enforcement. Lion Protection Areas 679.9 Penalties. Table 5—Aleutian Islands Subarea Steller Sea Lion Protection Areas Subpart B—Management Measures Table 6—Gulf of Alaska Steller Sea Lion Protection Areas 679.20 General limitations. Table 7—Communities Determined to be Eli- 679.21 Prohibited species bycatch manage- gible to Apply for Community Develop- ment. ment Quotas 679.22 Closures. Table 8—Harvest Zone Codes for Use with 679.23 Seasons. Product Transfer Reports and Vessel Ac- 679.24 Gear limitations. tivity Reports 679.25 Inseason adjustments. Table 9—Required Logbooks, Reports, and 679.26 Salmon Donation Program. Forms from Participants in the Federal Groundfish Fisheries Subpart C—Western Alaska Community Table 10—Current Gulf of Alaska Retainable Development Quota Program Percentages Table 11—Bering Sea and Aleutian Islands 679.30 General CDQ regulations. Management Area Retainable Percent- 679.31 CDQ reserve. ages
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AUTHORITY: 16 U.S.C. 773 et seq., 1801 et seq., (A) Using fixed gear within that por- and 3631 et seq. tion of the GOA and the BSAI over SOURCE: 61 FR 31230, June 19, 1996, unless which the United States exercises ex- otherwise noted. clusive fishery management authority; EDITORIAL NOTE: Nomenclature changes to and part 679 appear at 61 FR 56438, Nov. 1, 1996, (B) Using fixed gear in waters of the and 62 FR 2047, Jan. 15, 1997. State of Alaska adjacent to the BSAI and the GOA, provided that such fish- Subpart A—General ing is conducted by persons who have been issued permits under § 679.4. § 679.1 Purpose and scope. (ii) Regulations in this part do not Regulations in this part were devel- govern commercial fishing for sablefish oped by the Council under the Magnu- in Prince William Sound or under a son-Stevens Act. Along with part 600 of State of Alaska limited entry program. this chapter, these regulations imple- (2) Halibut. Regulations in this part ment the following: govern commercial fishing for halibut (a) Fishery Management Plan for by vessels of the United States using Groundfish of the Gulf of Alaska. (1) Reg- fixed gear, as that term is described in ulations in this part govern commer- 16 U.S.C. 773(d), in and off of Alaska. cial fishing for groundfish in the GOA (e) Western Alaska CDQ Program. The by vessels of the United States (see goals and purpose of the CDQ program subparts A, B, D, and E of this part). are to allocate CDQ to eligible Western (2) The following State of Alaska reg- Alaska communities to provide the ulations are not preempted by this part means for starting or supporting com- for vessels regulated under this part mercial seafood activities that will re- fishing for demersal shelf rockfish in sult in ongoing, regionally based, com- the Southeast Outside District, and mercial seafood or related businesses which are registered under the laws of (see subparts A, B, C, and E of this the State of Alaska: 5 AAC 28.110, fish- part). ing seasons; 5 AAC 28.130, gear; 5 AAC (f) Groundfish Observer Program (Ap- 28.160, harvest guidelines; 5 AAC 28.190, plicable through December 31, 1997). harvest of bait by commercial permit Regulations in this part govern ele- holders. ments of the Groundfish Observer Pro- (b) Fishery Management Plan for the gram for the BSAI groundfish and GOA Groundfish Fishery of the Bering Sea and groundfish fisheries under the Coun- Aleutian Islands Area. Regulations in cil’s authority (see subpart E of this this part govern commercial fishing for part). groundfish in the BSAI by vessels of (g) Fishery Management Plan for the the United States (see subparts A, B, C, Commercial King and Tanner Crab Fish- D, and E of this part). eries in the Bering Sea and Aleutian Is- (c) Moratorium on entry (applicable lands Area. Regulations in this part through December 31, 1998). Regulations govern commercial fishing for king and in this part govern a moratorium on Tanner crab in the Bering Sea and the entry of new vessels in the com- Aleutian Islands Area by vessels of the mercial fisheries for groundfish in the United States, including regulations GOA and BSAI and in the commercial superseding State of Alaska regula- fisheries for king and Tanner crabs in tions applicable to the commercial the Bering Sea and Aleutian Islands king and Tanner crab fisheries in the Area (see subparts A and D of this Bering Sea and Aleutian Islands Area part). EEZ that are determined to be incon- (d) IFQ Program for sablefish and hali- sistent with the FMP (see subparts A, but. The IFQ management plan for the B, and E of this part). commercial fisheries that use fixed (h) Fishery Management Plan for the gear to harvest sablefish and halibut Scallop Fishery off Alaska. (1) Regula- (see subparts A, B, D, and E of this tions in this part govern commercial part). fishing for scallops in the Federal wa- (1) Sablefish. (i) Regulations in this ters off Alaska by vessels of the United part govern commercial fishing for sa- States (see subparts A and F of this blefish by vessels of the United States: part).
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(2) State of Alaska laws that are in ates of each other if, directly or indi- addition to, and not in conflict with, rectly, either one controls or has the the regulations in this part are not pre- power to control the other, or a third empted for vessels registered under the party controls or has the power to con- laws of the State fishing for scallops in trol both. Indicators of control include, the Federal waters off Alaska. but are not limited to, interlocking (i) Fishery Management Plan for the management or ownership, identity of High Seas Salmon Fishery off the Coast of interests among family members, Alaska East of 175 Degrees East Lon- shared facilities and equipment, com- gitude (Salmon FMP). Regulations in mon use of employees, or a business en- this part govern fishing for salmon by tity organized following the decerti- fishing vessels of the United States in fication, suspension, or proposed decer- the EEZ seaward of Alaska east of 175° tification of an observer contractor E. long., referred to as the High Seas that has the same or similar manage- Salmon Management Area. ment, ownership, or principal employ- [61 FR 31230, June 19, 1996, as amended at 61 ees as the observer contractor that was FR 38103, July 23, 1996; 61 FR 56429, Nov. 1, decertified, suspended, or proposed for 1996; 62 FR 2045, Jan. 15, 1997; 62 FR 19687, decertification. Apr. 23, 1997] Alaska local time (A.l.t.) means the current Alaska time, either daylight § 679.2 Definitions. savings time or standard time. In addition to the definitions in the Alaska State waters means waters ad- Magnuson-Stevens Act and in part 600 jacent to the State of Alaska and of this chapter, the terms used in this shoreward of the EEZ off Alaska. part have the following meanings: Aleutian Islands Subarea (AI) of the Active/inactive periods—(1) Active peri- BSAI means that portion of the EEZ ods—(i) Catcher vessel. An active period contained in Statistical Areas 541, 542, for a catcher vessel means a period of and 543 (see Figure 1 of this part). time when the catcher vessel is in a re- Authorized distributor means a tax-ex- porting area (except 300, 400, 550, or 690) empt organization authorized by NMFS or gear remains on the grounds in a re- to coordinate the processing, storage, porting area (except 300, 400, 550, or transportation, and distribution of 690), regardless of the vessel location. salmon taken as bycatch in the (ii) Shoreside processor, mothership, groundfish trawl fisheries to tax-ex- catcher/processor, and buying station. An empt hunger relief agencies, food bank active period for a shoreside processor, networks, and food bank distributors. mothership, catcher/processor, and Authorized fishing gear means dive buying station means a period of time fixed gear, hook-and-line, jig, longline, when checked in. longline pot, nonpelagic trawl, (2) Inactive periods—(i) Catcher vessel. nontrawl, pelagic trawl, pot-and-line, An inactive period for a catcher vessel scallop dredge, trawl, hand troll gear, means any period that does not qualify and power troll gear: as an active period. (ii) Shoreside processor, mothership, (1) Dive means any scuba or surface catcher/processor, or buying station. An supported diving equipment that al- inactive period for a shoreside proc- lows for the underwater harvest of essor, mothership, catcher/processor, scallops by divers, or the taking of or buying station means a period of scallops by means of such gear. time when not checked in. (2) Fixed gear means: Adequate evidence, for purposes of (i) For sablefish harvested from any subpart E of this part, means informa- GOA reporting area, all hook-and-line tion sufficient to support the reason- gear and, for purposes of determining able belief that a particular act or initial IFQ allocation, all pot gear used omission has occurred. to make a legal landing. ADF&G means the State of Alaska (ii) For sablefish harvested from any Department of Fish and Game. BSAI reporting area, all hook-and-line Affiliates, for purposes of subpart E of gear and all pot gear. this part, means business concerns, or- (iii) For halibut harvested from any ganizations, or individuals are affili- IFQ regulatory area, all fishing gear
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comprised of lines with hooks at- sizes described in paragraphs (9)(iii) tached, including one or more station- and (iv) of this definition; ary, buoyed, and anchored lines with (vi) Has no flotation other than hooks attached. floats capable of providing up to 200 lb (3) Hook-and-line means a stationary, (90.7 kg) of buoyancy to accommodate buoyed, and anchored line with hooks the use of a net-sounder device; attached, or the taking of fish by (vii) Has no more than one fishing means of such a device. line and one footrope for a total of no (4) Jig means a single, non-buoyed, more than two weighted lines on the non-anchored line with hooks attached, bottom of the trawl between the wing or the taking of fish by means of such tip and the fishing circle; a device. (viii) Has no metallic component ex- (5) Longline means a stationary, cept for connectors (e.g., hammerlocks buoyed, and anchored line with hooks or swivels) or a net-sounder device aft or two or more groundfish pots at- of the fishing circle and forward of any tached, or the taking of fish by means mesh greater than 5.5 inches (14.0 cm) of such a device. stretched measure; (6) Longline pot means a stationary, (ix) May have small mesh within 32 ft buoyed, and anchored line with two or (9.8 m) of the center of the headrope as more pots attached, or the taking of needed for attaching instrumentation fish by means of such a device. (e.g., net-sounder device); and (7) Nonpelagic trawl means a trawl (x) May have weights on the wing other than a pelagic trawl. tips. (10) Pot-and-line means a stationary, (8) Nontrawl means hook-and-line, buoyed line with a single pot attached, jig, longline, and pot-and-line gear. or the taking of fish by means of such (9) Pelagic trawl means a trawl that: a device. (i) Has no discs, bobbins, or rollers; (11) Scallop dredge means gear con- (ii) Has no chafe protection gear at- sisting of a mouth frame attached to a tached to the footrope or fishing line; holding bag constructed of metal rings, (iii) Except for the small mesh al- or any modification to this design that lowed under paragraph (9)(ix) of this can be or is used in the harvest of scal- definition: lops, or the taking of scallops by means (A) Has no mesh tied to the fishing of such gear. line, headrope, and breast lines with (12) Trawl has the meaning specified less than 20 inches (50.8 cm) between in § 600.10 of this chapter. For purposes knots and has no stretched mesh size of of this part, this definition includes, less than 60 inches (152.4 cm) aft from but is not limited to, Danish seines and all points on the fishing line, headrope, otter trawls. and breast lines and extending past the (13) Hand troll gear means, for pur- fishing circle for a distance equal to or poses of the High Seas Salmon Fishery, greater than one half the vessel’s LOA; one or more lines with lures or hooks or attached, drawn through the water be- (B) Has no parallel lines spaced closer hind a moving vessel, and retrieved by than 64 inches (162.6 cm) from all hand or hand-cranked reels or gurdies points on the fishing line, headrope, and not by any electrically, hydrau- and breast lines and extending aft to a lically, or mechanically-powered device section of mesh, with no stretched or attachment. mesh size of less than 60 inches (152.4 (14) Power troll gear means, for pur- cm) extending aft for a distance equal poses of the High Seas Salmon Fishery, to or greater than one half the vessel’s one or more lines, with hooks or lures LOA; attached, drawn through the water be- (iv) Has no stretched mesh size less hind a moving vessel, and originating than 15 inches (38.1 cm) aft of the mesh from a power gurdy or power-driven described in paragraph (9)(iii) of this spool fastened to the vessel, the exten- definition for a distance equal to or sion or retraction of which is directly greater than one half the vessel’s LOA; to the gurdy or spool. (v) Contains no configuration in- Basis species means any species or tended to reduce the stretched mesh species group that is open to directed
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fishing that the vessel is authorized to (2) For purposes of § 679.21(f) with re- harvest. spect to red king crab, means the ratio Bering Sea and Aleutian Islands Area, of number of red king crab to the total for purposes of regulations governing round weight, in metric tons, of BSAI the commercial King and Tanner crab groundfish for which a TAC has been fisheries, means those waters of the specified under § 679.20 while participat- EEZ off the west coast of Alaska lying ing in the BSAI yellowfin sole and south of Point Hope (68°21′ N. lat), and BSAI ‘‘other trawl’’ fisheries, as de- extending south of the Aleutian Islands fined under § 679.21(f). for 200 nm west of Scotch Cap Light Bycatch species means any species or ° ′ ″ (164 44 36 W. long). species group for which a maximum Bering Sea and Aleutian Islands Man- retainable bycatch amount is cal- agement Area (BSAI), for purposes of culated. regulations governing the groundfish Catcher/processor means: fisheries, means the Bering Sea and (1) With respect to groundfish record- Aleutian Islands subareas (see Figure 1 of this part). keeping and reporting, a vessel that is Bering Sea Subarea of the BSAI means used for catching fish and processing that portion of the EEZ contained in that fish. Statistical Areas 508, 509, 512, 513, 514, (2) (Applicable through December 31, 516, 517, 518, 519, 521, 523, 524, and 530 1998). With respect to moratorium (see Figure 1 of this part). groundfish or crab species, a vessel Bogoslof District means that part of that can be used as a catcher vessel the Bering Sea Subarea contained in and that can process or prepare fish to Statistical Area 518 (see Figure 1 of render it suitable for human consump- this part). tion, industrial use, or long-term stor- Breast line means the rope or wire age, including, but not limited to, running along the forward edges of the cooking, canning, smoking, salting, side panels of a net, or along the for- drying, freezing, and rendering into ward edge of the side rope in a rope meal or oil, but not including heading trawl. and gutting unless additional prepara- Briefing means a short (usually 2–4 tion is done. day) training session that observers (3) With respect to subpart E of this must complete to fulfill certification part, a processor vessel that is used for, requirements. or equipped to be used for, catching Buying station means a person or ten- fish and processing that fish. der vessel that receives unprocessed Catcher vessel means: groundfish from a vessel for delivery to (1) With respect to groundfish record- a shoreside processor or mothership keeping and reporting and subpart E of and that does not process those fish. this part, a vessel that is used for Bycatch Limitation Zone 1 (Zone 1) catching fish and that does not process means that part of the Bering Sea Sub- fish on board. area that is contained within the (2) (Applicable through December 31, boundaries of Statistical Areas 508, 509, 1998). With respect to moratorium 512, and 516 (see Figure 1 of this part). groundfish, as defined in paragraph (1) Bycatch Limitation Zone 2 (Zone 2) of this definition; with respect to mor- means that part of the Bering Sea Sub- atorium crab species, a vessel that is area that is contained within the boundaries of Statistical Areas 513, 517, used to catch, take, or harvest morato- and 521 (see Figure 1 of this part). rium crab species that are retained on Bycatch rate means: board as fresh fish product at any time. (1) For purposes of § 679.21(f) with re- Catcher Vessel Operational Area spect to halibut, means the ratio of the (CVOA) (see Figure 2 of this part and total round weight of halibut, in kilo- § 679.22(a)(5)). grams, to the total round weight, in CBL means crab bycatch limit. metric tons, of groundfish for which a Central Aleutian District means that TAC has been specified under § 679.20 part of the Aleutian Islands Subarea while participating in any of the fish- contained in Statistical Area 542 (see eries defined under § 679.21(f). Figure 1 of this part).
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Chief, RAM Division means Chief of Debriefing means the post-deploy- the Restricted Access Management Di- ment process that includes a one-on- vision, NMFS, Alaska Region. one interview with NMFS staff, a Chinook Salmon Savings Area of the NMFS preliminary data review, ob- BSAI (see § 679.21(e)(7)(vii)(B)). server completion of all data correc- Chum Salmon Savings Area of the BSAI tions noted, observer preparation of af- CVOA (see § 679.21(e)(7)(vi)(B)). fidavits and reports, and completion of Civil judgment, for purposes of subpart tasks related to biological specimens E of this part, means a judgment or or special projects. finding of a civil offense by any court Decertification, as used in § 679.50(j), of competent jurisdiction. means action taken by a decertifying Clearing officer means a NMFS special official under § 679.50(j)(7) to revoke in- agent, a NMFS fishery enforcement of- definitely certification of observers or ficer, or a NMFS enforcement aide who observer contractors under this sec- performs the function of clearing ves- tion; an observer or observer contrac- sels at one of the primary ports listed tor whose certification is so revoked is in § 679.5(l)(3)(viii). decertified. Commercial fishing, for purposes of the Decertifying official, for purposes of High Seas Salmon Fishery, means fish- subpart E of this part, means a des- ing for fish for sale or barter. ignee authorized by the Regional Ad- ministrator to impose decertification. Commissioner of ADF&G means the Deployment means the period between principal executive officer of ADF&G. an observer’s arrival at the point of Community Development Plan embarkation and the date the observer (CDP)(applicable through December 31, disembarks for travel to debriefing. 1998) means a business plan for the de- Direct financial interest means any velopment of a specific Western Alaska source of income to, or capital invest- community or group of communities ment or other interest held by, an indi- under the CDQ Program at § 679.30. vidual, partnership, or corporation or Community Development Quota (CDQ) an individual’s spouse, immediate fam- (applicable through December 31, 1998) ily member or parent that could be in- means a percentage of the CDQ reserve fluenced by performance or non-per- for a particular fish species that is al- formance of observer or observer con- located to a CDP. tractor duties. Community Development Quota Pro- Directed fishing means: gram (CDQ Program) (applicable through (1) With respect to groundfish record- December 31, 1998) means the Western keeping and reporting, any fishing ac- Alaska Community Development tivity that results in the retention of Quota Program implemented under an amount of a species or species group subpart C of this part. on board a vessel that is greater than Community Development Quota Reserve the maximum retainable bycatch (CDQ Reserve) (applicable through De- amount for that species or species cember 31, 1998) means a percentage of group as calculated under § 679.20. the TAC for a particular management (2) (Applicable through December 31, area for pollock, halibut, or hook-and- 1998). With respect to moratorium line sablefish that has been set aside groundfish species, directed fishing as for purposes of the CDQ program. defined in paragraph (1) of this defini- Conviction, for purposes of subpart E tion, or, with respect to moratorium of this part, means a judgment or con- crab species, the catching and retain- viction of a criminal offense by any ing of any moratorium crab species. court of competent jurisdiction, wheth- Dockside sale means the transfer of er entered upon a verdict or a plea, and IFQ halibut or IFQ sablefish from the includes a conviction entered upon a person who harvested it to individuals plea of nolo contendere. for personal consumption, and not for Council means North Pacific Fishery resale. Management Council. Donut Hole means the international Daily reporting period or day is the pe- waters of the Bering Sea outside the riod from 0001 hours, A.l.t., until the limits of the EEZ and Russian eco- following 2400 hours, A.l.t. nomic zone as depicted on the current
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edition of NOAA chart INT 813 Bering ing closures, an operator of a vessel is Sea (Southern Part). engaged in a fishing trip from the time Eastern Aleutian District means that the harvesting, receiving, or processing part of the Aleutian Islands Subarea of groundfish is begun or resumed in an contained in Statistical Area 541 (see area after the effective date of a notifi- Figure 1 of this part). cation prohibiting directed fishing in Federal waters means waters within the same area under § 679.20 or § 679.21 the EEZ off Alaska. until: Fish product weight means the weight (i) The offload or transfer of all fish of the fish product in pounds or to at or fish product from that vessel; least the nearest thousandth of a met- (ii) The vessel enters or leaves an ric ton (0.001 mt). Fish product weight area where a different directed fishing is based upon the number of production prohibition applies; or units and the weight of those units. (iii) The end of a weekly reporting Production units include pans, cartons, period, whichever comes first. blocks, trays, cans, bags, and individ- ual fresh or frozen fish. The weight of (2) With respect to the IFQ program, a production unit is the average weight the period beginning when a vessel op- of representative samples of the prod- erator commences harvesting IFQ spe- uct, and, for fish other than fresh fish, cies and ending when the vessel opera- may include additives or water but not tor lands any species. packaging. Any allowance for water (3) With respect to Part E of this added cannot exceed 5 percent of the part, one of the following periods: gross product weight (fish, additives, (i) For a vessel used to process and water). groundfish or a catcher vessel used to Fishermen means persons who catch, deliver groundfish to a mothership, a take, or harvest fish. weekly reporting period during which Fishing circle means the circum- one or more fishing days occur. ference of a trawl intersecting the cen- (ii) For a catcher vessel used to de- ter point on a fishing line, and that is liver fish to other than a mothership, perpendicular to the long axis of a the time period during which one or trawl. more fishing days occur, that starts on Fishing day means a 24-hour period, the day when fishing gear is first de- from 0001 hours A.l.t. through 2400 ployed and ends on the day the vessel hours A.l.t., in which fishing gear is re- offloads groundfish, returns to an Alas- trieved and groundfish are retained. kan port, or leaves the EEZ off Alaska Days during which a vessel only deliv- and adjacent waters of the State of ers unsorted codends to a processor are Alaska. not fishing days. Fishing year means 0001 hours, A.l.t., Fishing line means a length of chain on January 1, through 2400 hours, or wire rope in the bottom front end of A.l.t., on December 31 (see § 679.23). a trawl to which the webbing or lead Food bank distributor means a tax-ex- ropes are attached. empt organization with the primary Fishing month refers to a time period purpose of distributing food resources calculated on the basis of weekly re- to hunger relief agencies. porting periods as follows: Each fishing month begins on the first day of the Food bank network means a tax-ex- first weekly reporting period that has empt organization with the primary at least 4 days in the associated cal- purpose of coordinating receipt and de- endar month and ends on the last day livery of food resources to its member of the last weekly reporting period food bank distributors or hunger relief that has at least 4 days in that same agencies. calendar month. Dates of each fishing Footrope means a chain or wire rope month will be announced in the FED- attached to the bottom front end of a ERAL REGISTER published under trawl and attached to the fishing line. § 679.21(f)(5). Gear deployment means: Fishing trip means: (1) For trawl gear: Where the trawl (1) With respect to monitoring com- gear reaches the fishing level and be- pliance with groundfish directed fish- gins to fish.
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(2) For jig/troll, hook-and-line, or Indictment, for purposes of subpart E longline gear: Where the gear enters of this part, means indictment for a the water. criminal offense. An information or (3) For pot-and-line gear: Where the other filing by competent authority first pot enters the water. charging a criminal offense must be Gear retrieval means: given the same effect as an indictment. (1) For trawl gear: Where retrieval of Individual means a natural person trawl cable commences. who is not a corporation, partnership, (2) For jig/troll gear: Where the jig/ association, or other such entity. troll gear leaves the water. Individual fishing quota (IFQ) means (3) For hook-and-line or longline pot the annual catch limit of sablefish or gear: Where the last hook-and-line or halibut that may be harvested by a longline pot gear of a set leaves the person who is lawfully allocated a har- water, regardless of where the majority vest privilege for a specific portion of of the haul or set took place. the TAC of sablefish or halibut. (4) For pot-and-line gear: Where the IFQ crew member means any individ- last pot of a set leaves the water. ual who has at least 150 days experi- Governor means the Governor of the ence working as part of the harvesting State of Alaska. crew in any U.S. commercial fishery, or any individual who receives an ini- Groundfish means target species and the ‘‘other species’’ category, specified tial allocation of QS. For purposes of annually pursuant to § 679.20(a)(2). this definition, ‘‘harvesting’’ means work that is directly related to the Gulf of Alaska (GOA) means that por- catching and retaining of fish. Work in tion of the EEZ contained in Statis- support of harvesting, but not directly tical Areas 610, 620, 630, 640, and 650 (see involved with harvesting, is not consid- Figure 3 of this part). ered harvesting crew work. For exam- Halibut means Pacific halibut ple, searching for fish, work on a fish- (Hippoglossus stenolepis). ing vessel only as an engineer or cook, Halibut CDQ reserve means the or work preparing a vessel for a fishing amount of the halibut catch limit for trip would not be considered work of a IPHC regulatory areas 4B, 4C, 4D, and harvesting crew. 4E that is reserved for the halibut CDQ IFQ halibut means any halibut that is program (see § 679.31(b)). harvested with fixed gear in any IFQ Harvesting or to harvest means the regulatory area. catching and retaining of any fish. IFQ landing means the unloading or Headrope means a rope bordering the transferring of any IFQ halibut, IFQ top front end of a trawl. sablefish, or products thereof from the Herring Savings Area means any of vessel that harvested such fish. three areas in the BSAI presented in IFQ regulatory area means: Figure 4 (see also § 679.21(e)(7)(v) for ad- (1) With respect to IFQ halibut, areas ditional closure information). 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E as pre- High Seas Salmon Management Area scribed in the annual management means the portion of the EEZ off Alas- measures published in the FEDERAL ka east of 175 degrees E. long. The High REGISTER pursuant to § 300.62 of chapter Seas Salmon Management Area is di- III of this title. vided into a West Area and an East (2) With respect to IFQ sablefish, any Area: of the three regulatory areas in the (1) The West Area consists of the wa- GOA and any subarea of the BSAI, and ters of the High Seas Salmon Manage- all waters of the State of Alaska be- ment Area which are west of 143°53′36″ tween the shore and the inshore bound- W. long. (Cape Suckling). ary of such regulatory areas and sub- (2) The East Area consists of the wa- areas, except waters of Prince William ters of the High Seas Salmon Manage- Sound and areas in which sablefish ment Area east of 143°53′36″ W. long. fishing is managed under a State of Hunger relief agency means a tax-ex- Alaska limited entry program. empt organization with the primary IFQ sablefish means any sablefish purpose of feeding economically dis- that is harvested with fixed gear, ei- advantaged individuals free of charge. ther in the EEZ off Alaska or in waters
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of the State of Alaska, by persons hold- brackets, and similar fittings or at- ing an IFQ permit, but does not include tachments (see Figure 6 of this part; sablefish harvested in Prince William see also maximum LOA, original quali- Sound or under a State of Alaska lim- fying LOA, and reconstruction). ited entry program. Logbook means Daily Cumulative Inshore component (applicable Production Logbook (DCPL), Daily Cu- through December 31, 1998) means the mulative Logbook (DCL), or a Daily following three categories of the U.S. Fishing Logbook (DFL) required by groundfish fishery that process pollock § 679.5. harvested in a directed fishery for pol- Lost or destroyed vessel (applicable lock in the GOA or BSAI, or Pacific through December 31, 1998) means a ves- cod harvested in a directed fishery for sel that has sunk at sea or has been de- Pacific cod in the GOA, or both: stroyed by fire or other accident and (1) Shoreside processing operations. has been reported to the USCG on (2) Vessels less than 125 ft (38.1 m) in USCG Form 2692, Report of Marine Cas- LOA, that process no more than 126 mt ualty. per week in round-weight equivalents Management area means any district, of an aggregate amount of those fish. regulatory area, subpart, part, or the (3) Vessels that process those fish at entire GOA or BSAI. a single geographic location in Alaska Manager, with respect to any shore- State waters during a fishing year. For side processor or buying station, means the purposes of this definition, NMFS the individual responsible for the oper- will determine the single geographic ation of the shoreside processor oper- location in a fishing year for an indi- ation or buying station. vidual processor from the geographic coordinates the vessel operator reports Maximum LOA (applicable through on the check-in report (§ 679.5(h)) when December 31, 1998), with respect to a that vessel first engages in processing vessel’s eligibility for a groundfish or those fish. crab moratorium permit, means: IPHC means International Pacific (1) Except for a vessel under recon- Halibut Commission (see part 300 of struction on June 24, 1992, if the origi- chapter III of this title). nal qualifying LOA is less than 125 ft King crab means red king crab (38.1 m) LOA, 1.2 times the original (Paralithodes camtschatica), blue king qualifying LOA or 125 ft (38.1 m), crab (P. platypus), brown (or golden) whichever is less. king crab (Lithodes aequispina), and (2) Except for a vessel under recon- scarlet (or deep sea) king crab (Lithodes struction on June 24, 1992, if the origi- couesi). nal qualifying LOA is equal to or great- Landing means offloading fish. er than 125 ft (38.1 m), the original Legal landing (applicable through qualifying LOA. June 30, 2000) means any amount of a (3) For an original qualifying vessel moratorium species that was or is under reconstruction on June 24, 1992, landed in compliance with Federal and the LOA on the date reconstruction state commercial fishing regulations in was completed, provided that maxi- effect at the time of the landing. mum LOA is certified under Legal landing of halibut or sablefish § 679.4(c)(9). (see § 679.40(a)(3)(v)). Moratorium crab species (applicable Legal proceedings, for purposes of sub- through December 31, 1998) means spe- part E of this part, means any civil ju- cies of king or Tanner crabs harvested dicial proceeding to which the Govern- in the Bering Sea and Aleutian Islands ment is a party or any criminal pro- Area, the commercial fishing for which ceeding. The term includes appeals is governed by this part. from such proceedings. Moratorium groundfish species (appli- Length overall (LOA) of a vessel cable through December 31, 1998) means means the horizontal distance, rounded species of groundfish, except sablefish to the nearest foot, between the fore- caught with fixed gear, harvested in most part of the stem and the after- the GOA or in the BSAI, the commer- most part of the stern, excluding cial fishing for which is governed by bowsprits, rudders, outboard motor this part.
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Moratorium qualification (applicable Fisheries Science Center (see AD- through December 31, 1998) with re- DRESSES, part 600). spect to the groundfish and crab vessel Offshore component (applicable moratorium program means a transfer- through December 31, 1998) means all able prerequisite for a moratorium per- vessels not included in the definition of mit. ‘‘inshore component’’ that process pol- Moratorium species means: lock caught in directed fisheries for (1) (Applicable through June 30, 2000) pollock in the GOA or BSAI, or Pacific any scallop species. cod caught in directed fisheries for Pa- (2) (Applicable through December 31, cific cod in the GOA, or both. 1998) any moratorium crab species or Optimum yield means: moratorium groundfish species. (1) With respect to the High Seas Mothership means: Salmon Fishery, that amount of any (1) A vessel that receives and proc- species of salmon which will provide esses groundfish from other vessels; or the greatest overall benefit to the Na- (2) With respect to subpart E of this tion, with particular reference to food part, a processor vessel that receives production and recreational opportuni- and processes groundfish from other ties, as specified in the Salmon FMP. vessels and is not used for, or equipped (2) With respect to the groundfish to be used for, catching groundfish. fisheries, see § 679.20(a)(1). Nearshore Bristol Bay Trawl Closure Original qualifying LOA (applicable Area of the BSAI (see § 679.22(a)(9)) through December 31, 1998) means the Net-sounder device means a sensor LOA of the original moratorium quali- used to determine the depth from the fying vessel on June 24, 1992. water surface at which a fishing net is Original qualifying vessel (applicable operating. through December 31, 1998) means a Non-allocated or nonspecified species vessel that made a legal landing during means those fish species, other than the moratorium qualifying period. prohibited species, for which TAC has Other species is a category that con- not been specified (e.g., grenadier, sists of groundfish species in each man- prowfish, lingcod). agement area that are not specified as NMFS investigator, for purposes of target species (see Table 1 of the speci- subpart E of this part, means a des- fications provided at § 679.20(c)). ignee authorized by the Regional Ad- Person means: ministrator to conduct investigations (1) (Applicable through December 31, under this section. 1998). For purposes of the moratorium, North Pacific fishery means any com- any individual who is a citizen of the mercial fishery in state or Federal wa- United States or any U.S. corporation, ters off Alaska. partnership, association, or other en- Observed or observed data refers to tity (or their successor in interest), data collected by observers (see whether or not organized or existing § 679.21(f)(7) and subpart E of this part). under the laws of any state. Observer means any individual that is (2) For purposes of IFQ species, any awarded NMFS certification to serve as individual who is a citizen of the Unit- an observer under this part, is em- ed States or any corporation, partner- ployed by an observer contractor for ship, association, or other entity (or the purpose of providing observer serv- their successor in interest), whether or ices to vessels or shoreside processors not organized or existing under the under this part, and is acting within laws of any state, who is a U.S. citizen. the scope of his/her employment. (3) For purposes of High Seas Salmon Observer contractor means any person Fishery permits issued under § 679.4(h), that is awarded NMFS certification to the term ‘‘person’’ excludes any provide observer services to vessels and nonhuman entity. shoreside processors under subpart E Personal use fishing means, for pur- and who contracts with observers to poses of the High Seas Salmon Fishery, provide these services. fishing other than commercial fishing. Observer Program Office means the ad- Pollock roe means product consisting ministrative office of the Groundfish of pollock eggs, either loose or in sacs Observer Program located at Alaska or skeins.
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Preponderance of the evidence, for pur- Quota share (QS) means a permit, the poses of subpart E of this part, means face amount of which is used as a basis proof by information that, compared for the annual calculation of a person’s with that opposing it, leads to the con- IFQ. clusion that the fact at issue is more Reconstruction (applicable through De- probably true than not. cember 31, 1998) means a change in the Processing, or to process, means the LOA of the vessel from its original preparation of fish to render it suitable qualifying LOA. for human consumption, industrial Red King Crab Savings Area (RKCSA) uses, or long-term storage, including of the BSAI (see § 679.22(a)(3)) but not limited to cooking, canning, Red King Crab Savings Subarea smoking, salting, drying, freezing, or (RKCSS) of the BSAI (see rendering into meal or oil, but does not § 679.21(e)(3)(ii)(B)) mean icing, bleeding, heading, or gut- Regional Administrator, for purposes of ting. this part, means the Administrator, Processor means any shoreside proc- Alaska Region, NMFS, as defined at essor, catcher/processor, mothership, § 600.10 of this chapter, or a designee. any person who receives groundfish Regulatory area means any of three from fishermen for commercial pur- areas of the EEZ in the GOA (see Fig- poses, any fisherman who transfers ure 3 of this part). groundfish outside of the United States, and any fisherman who sells Reporting area means any of the areas fish directly to a restaurant or to an described in Figures 1 and 3 of this individual for use as bait or personal part. consumption. Resident fisherman (see § 679.30(d)(7)). Processor vessel means, unless other- Round weight or round-weight equiva- wise restricted, any vessel that has lent, for purposes of this part, means been issued a Federal fisheries permit the weight of groundfish calculated by and that can be used for processing dividing the weight of the primary groundfish. product made from that groundfish by Prohibited species catch (PSC) means the PRR for that primary product as any of the species listed in § 679.21(b). listed in Table 3 of this part, or, if not PRR means standard product recov- listed, the weight of groundfish cal- ery rate (see Table 3 of this part). culated by dividing the weight of a pri- Qualified applicant (see Western Alas- mary product by the standard PRR as ka CDQ Program, § 679.30(d)(6)). determined using the best available evidence on a case-by-case basis. Qualified person (see IFQ Manage- ment Measures, § 679.40(a)(2)). Sablefish (black cod) means Anoplopoma fimbria. Qualifying period (applicable through December 31, 1998) with respect to the Sablefish CDQ reserve means 20 per- groundfish and crab vessel moratorium cent of the sablefish fixed gear TAC for program means the period to qualify each subarea in the BSAI for which a for the moratorium from January 1, sablefish TAC is specified (see 1988, through February 9, 1992. § 679.31(c)). Quarter, or quarterly reporting period, Salmon means the following species: means one of four successive 3-month (1) Chinook (or king) salmon periods, which begin at 0001 hours, (Oncorhynchus tshawytscha); A.l.t., on the first day of each quarter, (2) Coho (or silver) salmon (O. and end at 2400 hours, A.l.t., on the last kisutch); day of each quarter, as follows: (3) Pink (or humpback) salmon (O. (1) 1st quarter: January 1 through gorbuscha); March 31. (4) Sockeye (or red) salmon (O. (2) 2nd quarter: April 1 through June nerka); and 30. (5) Chum (or dog) salmon (O. keta). (3) 3rd quarter: July 1 through Sep- Scallop(s) means any species of the tember 30. family Pectinidae, including, without (4) 4th quarter: October 1 through De- limitation, weathervane scallops cember 31. (Patinopectin caurinus).
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SDP means the Salmon Donation does not include processor vessels or Program established under this sec- tender vessels. tion. Suspending official, for purposes of SDP permit means a permit issued by subpart E of this part, means a des- NMFS to an applicant who qualifies as ignee authorized by the Regional Ad- an authorized distributor for purposes ministrator to impose suspension. of the SDP. Suspension, as used in § 679.50, means Set means a string of pots or hook- action taken by a suspending official and-line gear or a group of pots that is under § 679.50(j) to suspend certification deployed in a similar location with of observers or observer contractors similar soak time. temporarily until a final decision is Shoreside processor means any person made with respect to decertification. or vessel that receives unprocessed Tanner crab means Chionoecetes spe- groundfish, except catcher/processors, cies or hybrids of these species. motherships, buying stations, res- Target species are those species or spe- taurants, or persons receiving ground- cies groups, except the ‘‘other species’’ fish for personal consumption or bait. category, for which a TAC is specified Shucking machine means any mechan- pursuant to § 679.20(a)(2). ical device that automatically removes Tax-exempt organization means an or- the meat or the adductor muscle from ganization that received a determina- the shell. tion letter from the Internal Revenue Southeast Outside District of the GOA Service recognizing tax exemption means that part of the Eastern Regu- under 26 CFR part 1 (§§ 1.501 to 1.640). latory Area contained in Statistical Tender vessel means a vessel that is Area 650 (see Figure 3 of this part). used to transport unprocessed fish re- Statistical area means the part of any ceived from another vessel to a shore- reporting area defined in Figures 1 and side processor, mothership, or buying 3 of this part, contained in the EEZ. station. Steller Sea Lion Protection Areas (see Transfer includes any loading, off- Tables 4, 5, and 6 of this part and loading, shipment or receipt of any §§ 679.22(a)(7), (a)(8), 679.22(b)(2), and groundfish product, including quan- 227.12 of this title). tities transferred inside or outside the Stem means the forward part of a ves- EEZ, within any state’s territorial wa- sel—that portion of the vessel where ters, within the internal waters of any the sides are united at the fore end state, at any shoreside processor, or with the lower end attached to the keel any offsite meal reduction plant. and the bowsprit, if one is present, Trawl test areas (see Figure 7 of this resting on the upper end. part and § 679.24(d)). Stern means the aft part of the vessel. U.S. citizen means: Stretched mesh size means the dis- (1) Any individual who is a citizen of tance between opposite knots of a four- the United States at the time of appli- sided mesh when opposite knots are cation for QS; or pulled tautly to remove slack. (2) Any corporation, partnership, as- Superexclusive registration area means sociation, or other entity that would any State of Alaska designated reg- have qualified to document a fishing istration area within the Bering Sea vessel as a vessel of the United States and Aleutian Islands Area where, if a during the QS qualifying years of 1988, vessel is registered to fish for crab, 1989, and 1990. that vessel is prohibited from fishing Vessel Activity Report (VAR) (see for crab in any other registration area § 679.5). during that registration year. Vessel operations category (see § 679.4). Support vessel means any vessel that Walrus Protection Areas (see is used in support of other vessels regu- § 679.22(a)(4)). lated under this part, including, but Weekly reporting period means a time not limited to, supplying a fishing ves- period that begins at 0001 hours, A.l.t., sel with water, fuel, provisions, fishing Sunday morning (except during the equipment, fish processing equipment first week of each year, when it starts or other supplies, or transporting proc- on January 1) and ends at 2400 hours, essed fish. The term ‘‘support vessel’’ A.l.t., the following Saturday night
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(except during the last week of each of high seas salmon are set forth in year, when it ends on December 31). § 600.705 of this chapter. West Yakutat District of the GOA (2) This part does not apply to fishing means that part of the GOA Eastern for salmon by vessels other than ves- Regulatory Area contained in Statis- sels of the United States conducted tical Area 640 (see Figure 3 of this under subpart H, part 660 (West Coast part). Salmon Fisheries) under the North Pa- Western Aleutian District means that cific Fisheries Act of 1954, 16 U.S.C. part of the Aleutian Islands Subarea 1021-1035, concerning fishing for salmon contained in Statistical Area 543 (see seaward of Washington, Oregon, and Figure 1 of this part). California. Wing tip means the point where adja- (3) The High Seas Salmon Fishery is cent breast lines intersect or where a administered in close coordination breast line intersects with the fishing with ADF&G’s administration of the line. State of Alaska’s regulations govern- [61 FR 31230, June 19, 1996, as amended at 61 ing the salmon troll fishery off South- FR 33384, June 27, 1996; 61 FR 35578, July 5, east Alaska. Because no commercial 1996; 61 FR 38104, July 23, 1996; 61 FR 38359, fishing for salmon is allowed in the July 24, 1996; 61 FR 49981, Sept. 24, 1996; 61 FR EEZ west of Cape Suckling, all com- 56429, Nov. 1, 1996; 61 FR 65987, Dec. 16, 1996; mercial salmon fishing west of Cape 62 FR 2045, Jan. 15, 1997; 62 FR 17752, 17755, Suckling must take place in Alaska’s Apr. 11, 1997; 62 FR 19687, Apr. 23, 1997; 62 FR territorial sea and, consequently, is 26428, May 14, 1997; 62 FR 38944, July 21, 1997] subject to Alaska’s management au- thority. § 679.3 Relation to other laws. (4) For State of Alaska statutes and (a) Foreign fishing for groundfish. Reg- regulations governing commercial fish- ulations governing U.S. nationals fish- ing, see Alaska Statutes, title 16—Fish ing in the Russian fisheries are set and Game; title 5 of the Alaska Admin- forth in part 300 of chapter III of this istrative Code, chapters 1-39. title. (5) For State of Alaska regulations (b) Domestic fishing for groundfish. The specifically governing the salmon troll conservation and management of fishery, see 5 Alaska Administrative groundfish in waters of the territorial Code 30 (Yakutat Area), and 5 Alaska sea and internal waters of the State of Administrative Code 33 (Southeastern Alaska are governed by the Alaska Ad- Alaska Area). ministrative Code at 5 AAC Chapter 28 (6) For State of Alaska statutes and and the Alaska Statute at A.S. 16. regulations governing sport and per- (c) Halibut. Additional regulations sonal use salmon fishing other than governing the conservation and man- subsistence fishing, see Alaska Stat- agement of halibut are set forth in sub- utes, title 16—Fish and Game; 5 Alaska part E of part 300 of chapter III of this Administrative Codes 42.010 through title. 75.995. (d) King and Tanner crab. Additional (7) For State of Alaska statutes and regulations governing conservation and regulations governing subsistence fish- management of king crab and Tanner ing, see Alaska Statutes, title 16—Fish crab in the Bering Sea and Aleutian Is- and Game; 5 Alaska Administrative lands Area are contained in Alaska Codes 01, 02, 39, and 99.010. Statutes at A.S. 16 and Alaska Admin- istrative Code at 5 AAC Chapters 34, 35, [61 FR 31230, June 19, 1996, as amended at 61 and 39. FR 35578, July 5, 1996; 62 FR 2045, Jan. 15, (e) Incidental catch of marine mammals. 1997; 62 FR 19688, Apr. 23, 1997] Regulations governing exemption per- mits and the recordkeeping and report- § 679.4 Permits. ing of the incidental take of marine (a) General requirements—(1) Applica- mammals are set forth in § 216.24 and tion. (i) A person may obtain or renew part 229 of this title. an application for any of the permits (f) Domestic fishing for high seas salm- under this section and must mail com- on. (1) Additional regulations govern- pleted forms to the Chief, RAM Divi- ing the conservation and management sion.
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(ii) Upon receipt of an incomplete or catcher/processor, mothership, tender improperly completed permit applica- vessel, or support vessel. tion, the Chief, RAM Division, will no- (ii) A vessel may be issued a Federal tify the applicant of the deficiency in fisheries permit as a support vessel or the permit application. If the applicant as any combination of the other four fails to correct the deficiency, the per- categories (catcher vessel, catcher/ mit will not be issued. No permit will processor, mothership, tender vessel). be issued to an applicant until a com- A vessel permitted as a catcher vessel, plete application is received. catcher/processor, mothership, or ten- (iii) A separate application must be der vessel also may conduct all oper- completed for each vessel, processor, or ations authorized for a support vessel. buying station and a copy must be re- (4) Duration. (i) A Federal fisheries tained of each completed or revised ap- permit is issued on a 3-year cycle and plication. is in effect from the date of issuance (iv) The information requested on the through the end of the current NMFS application must be typed or printed 3-year cycle, unless it is revoked, sus- legibly. pended, or modified under § 600.735 or (2) Amended applications. An owner, § 600.740 of this chapter. operator, or manager who applied for (ii) A Federal fisheries permit is sur- and received a permit under this sec- rendered when the original permit is tion must notify the Chief, RAM Divi- submitted to and received by the sion, in writing, of any change in the NMFS Enforcement Office in Juneau, information within 10 days of the date AK. of that change. (5) Application. A complete applica- (3) Alteration. No person may alter, tion for a Federal fisheries permit erase, or mutilate any permit, card, or must include the following information document issued under this section. for each vessel: Any such permit, card, or document (i) Amended permit. If application is that is intentionally altered, erased, or for an amended permit, the current mutilated is invalid. Federal fisheries permit number and (4) Disclosure. NMFS will maintain a information that has changed. list of permitted processors that may (ii) Vessels. The complete name and be disclosed for public inspection. homeport (city and state) of the vessel; (5) Sanctions and denials. Procedures the ADF&G vessel number; the USCG governing permit sanctions and denials documentation number or Alaska reg- are found at subpart D of 15 CFR part istration number; the vessel’s LOA and 904. registered net tonnage; and the tele- (b) Federal Fisheries permit—(1) phone, fax, and COMSAT (satellite Groundfish. No vessel of the United communication) numbers used on States may be used to fish for ground- board the vessel. fish in the GOA or BSAI unless the (iii) Owner information. The owner of owner first obtains a Federal fisheries the vessel must record the owner’s permit for the vessel, issued under this name, permanent business mailing ad- part. A Federal fisheries permit is is- dress, telephone and fax numbers; and sued without charge. the name of any company (other than (2) Non-groundfish. A vessel of the the owner) that manages the oper- United States that fishes in the GOA or ations of the vessel or shoreside proc- BSAI for any non-groundfish species, essor. including but not limited to halibut, (iv) Federal fisheries permit informa- crab, salmon, scallops, and herring, and tion. The owner of the vessel must that does not retain any bycatch of record: groundfish is not required to obtain a (A) The fishery or fisheries and the Federal fisheries permit under this vessel operations category for which part. the permit would apply, as set forth (3) Vessel operations categories. (i) A under paragraph (b)(3) of this section. Federal fisheries permit authorizes a (B) If a catcher vessel or catcher/ vessel to conduct operations in the processor, the gear type(s) used for GOA and BSAI as a catcher vessel, groundfish operations.
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(C) If a catcher vessel, whether (iii) Validity. A moratorium permit groundfish is retained only as bycatch issued under this part is valid only if: from halibut, crab, or salmon fisheries; (A) The vessel’s LOA does not exceed and whether sablefish is the only the maximum LOA as specified in groundfish targeted in the GOA. § 679.2; (D) If a mothership or catcher/proc- (B) The vessel’s moratorium quali- essor, whether inshore or offshore, to fication has not been transferred; indicate component in which Pacific (C) The permit has not been revoked cod in the GOA or pollock will be proc- or suspended under 15 CFR part 904; essed for the entire fishing year. (D) The permit is endorsed for all (v) Signature. The owner of the vessel gear types on board the vessel; and must sign and date the application. (E) The permit’s term covers the fish- (6) Issuance. (i) Except as provided in ing year in which the vessel is fishing. subpart D of 15 CFR part 904, upon re- (iv) Inspection. A moratorium permit ceipt of a properly completed permit must be presented for inspection upon application, the Regional Adminis- the request of any authorized officer. trator will issue a Federal fisheries (2) Moratorium exempt vessels. (i) A permit required by this paragraph (b). moratorium exempt vessel is not sub- (ii) The Regional Administrator will ject to the moratorium permit require- send the Federal fisheries permit to the ment of paragraph (c)(1) of this section applicant with the appropriate and is not eligible for a moratorium logbooks, as provided under § 679.5. permit. (7) Amended application. If the appli- (ii) A moratorium exempt vessel may cation for an amended permit required catch and retain moratorium species, under this section designates a change provided it complies with the permit or addition of a vessel operations cat- requirements of the State of Alaska egory, the amended permit must be on with respect to moratorium crab spe- board the vessel before the new type of cies, Federal permit requirements in operations begins. this part with respect to moratorium (8) Transfer. A Federal fisheries per- groundfish species, and other applica- mit issued under this paragraph (b) is ble Federal and State of Alaska regula- not transferable or assignable and is tions. valid only for the vessel for which it is (3) Moratorium exempt vessel categories. issued. A moratorium exempt vessel is a vessel (9) Inspection. (i) An original Federal in any of the following categories: fisheries permit issued under this para- (i) Vessels other than catcher vessels graph (b) must be carried on board the or catcher/processor vessels. vessel whenever the vessel is fishing. (ii) Catcher vessels or catcher/proc- Photocopied or faxed copies are not essor vessels less than or equal to 26 ft considered originals. (7.9 m) LOA that conduct directed fish- (ii) A permit issued under this para- ing for groundfish in the GOA. graph (b) must be presented for inspec- (iii) Catcher vessels or catcher/proc- tion upon the request of any authorized essor vessels less than or equal to 32 ft officer. (9.8 m) LOA that catch and retain mor- (c) Moratorium permits (applicable atorium crab species in the Bering Sea through December 31, 1998—(1) General— and Aleutian Islands Area or that con- (i) Applicability. Except as provided duct directed fishing for moratorium under paragraph (c)(2) of this section, groundfish species in the BSAI. any vessel used to catch and retain any (iv) Catcher vessels or catcher/proc- moratorium crab species or to conduct essor vessels that are fishing for IFQ directed fishing for any moratorium halibut, IFQ sablefish, or halibut or sa- groundfish species must have a valid blefish under the Western Alaska CDQ moratorium permit issued for that ves- Program in accordance with regula- sel under this part on board the vessel tions at subpart C of this part and that at all times it is engaged in fishing ac- are not directed fishing for any mora- tivities. torium species. (ii) Duration. The moratorium permit (v) Catcher vessels or catcher/proc- is valid for the duration of the morato- essor vessels less than or equal to 125 ft rium, unless otherwise specified. (38.1 m) LOA that after November 18,
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1992, are specifically constructed for (A) Of a moratorium groundfish spe- and used in accordance with a CDP cies with any authorized fishing gear in under § 679.30, and that are designed period 1; or and equipped to meet specific needs de- (B) Of a moratorium crab species in scribed in the CDP. period 1, and, in period 2, made a legal (4) Moratorium permit endorsements— landing of a moratorium groundfish (i) General. A moratorium permit will species using trawl gear. be endorsed for one or more fishery- (iii) Groundfish fisheries/pot gear. A specific gear type(s) in accordance with moratorium permit may be endorsed the endorsement criteria of paragraph for groundfish fisheries/pot gear if the (c)(5) of this section. vessel made a legal landing: (ii) Authorization. A fishery-specific (A) Of a moratorium groundfish spe- gear type endorsement authorizes the cies with any authorized fishing gear in use by the vessel of that gear type in period 1; or the specified fisheries. (B) Of a moratorium crab species in (iii) Fishing gear requirements. (A) period 1. Fishing gear requirements for the Ber- (iv) Groundfish fisheries/hook gear. A ing Sea and Aleutian Islands Area crab moratorium permit may be endorsed fisheries are set forth in the Alaska for groundfish fisheries/hook gear if the Administrative Code at title 5, chap- vessel made a legal landing: ters 34 and 35. (A) Of a moratorium groundfish spe- (B) Fishing gear requirements for the cies with any authorized fishing gear in GOA and the BSAI groundfish fisheries period 1; or are set forth under § 679.24. (B) Of a moratorium crab species in (C) A moratorium permit may be en- period 1, and, in period 2, made a legal dorsed for any one or a combination of landing of a moratorium groundfish the following fishing gear types: species using hook gear. (6) Application for permit. A morato- (1) Trawl, which includes pelagic and rium permit will be issued to the owner nonpelagic trawl gear. of a vessel of the United States if he/ (2) Pot, which includes longline pot she submits to the Regional Adminis- and pot-and-line gear. trator a complete moratorium permit (3) Hook, which includes hook-and- application that is subsequently ap- line and jig gear. proved and if the vessel’s LOA does not (5) Gear endorsement criteria. For pur- exceed the maximum LOA as specified poses of this paragraph (c)(5), the pe- in § 679.2. A complete application for a riod January 1, 1988, through February moratorium permit must include the 9, 1992, is ‘‘period 1,’’ and February 10, following information for each vessel: 1992, through December 11, 1994, is ‘‘pe- (i) Name of the vessel, state registra- riod 2.’’ Fishery-specific gear type en- tion number of the vessel and the dorsement(s) will be based on the fol- USCG documentation number of the lowing criteria: vessel, if any. (i) Crab fisheries/pot gear. A morato- (ii) Name(s), business address(es), and rium permit for a vessel may be en- telephone and fax numbers of the dorsed for crab fisheries/pot gear if the owner of the vessel. vessel made a legal landing: (iii) Name of the managing company. (A) Of a moratorium crab species in (iv) Valid documentation of the ves- period 1; sel’s moratorium qualification, if re- (B) Of a moratorium groundfish spe- quested by the Regional Administrator cies with any authorized fishing gear in due to an absence of landings records period 1, and, in period 2, made a legal for the vessel from January 1, 1988, landing of a moratorium crab species; through February 9, 1992. or (v) Reliable documentation of the (C) Of moratorium groundfish in pe- vessel’s original qualifying LOA, if re- riod 1 with pot gear. quested by the Regional Adminis- (ii) Groundfish fisheries/trawl gear. A trator, such as a vessel survey, build- moratorium permit may be endorsed er’s plan, state or Federal registration for groundfish fisheries/trawl gear if certificate, fishing permit records, or the vessel made a legal landing: other reliable and probative documents
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that clearly identify the vessel and its moratorium qualification that is to be LOA, and that are dated before June 24, or was transferred and the person who 1992. is to receive or received the transferred (vi) Specification of the fishing moratorium qualification). gear(s) used from January 1, 1988, (B) Name of the vessel whose morato- through February 9, 1992, and, if nec- rium qualification is to be or was essary, the fishing gear(s) used from transferred and the name of the vessel February 10, 1992, through December 11, that would receive or received the 1994. transferred moratorium qualification (vii) Specification of the vessel as ei- (if any), the state registration number ther a catcher vessel or a catcher/proc- of each vessel and, if documented, the essor vessel. USCG documentation number of each (viii) If applicable, transfer author- vessel. ization if a permit request is based on (C) The original qualifying LOA of transfer of moratorium qualification the vessel whose moratorium qualifica- pursuant to paragraph (c) of this sec- tion is to be or was transferred, its cur- tion. rent LOA, and its maximum LOA. (ix) Signature of the person who is (D) The LOA of the vessel that would the owner of the vessel or the person receive or received the transferred who is responsible for representing the moratorium qualification and docu- vessel owner. mentation of that LOA by a current (7) Moratorium qualification. A vessel vessel survey or other reliable and pro- has moratorium qualification if: bative document. (i) The vessel is an original qualify- ing vessel; (E) Signatures of the persons from (ii) The vessel is not a moratorium whom moratorium qualification would exempt vessel under paragraph (c)(2) of be transferred or their representative, this section; and the persons who would receive the (iii) The vessel’s moratorium quali- transferred moratorium qualification fication has not been transferred; or their representative. (iv) The vessel receives a valid mora- (iii) Contract or agreement. A legible torium qualification through a transfer copy of a contract or agreement must approved by the Regional Adminis- be included with the application for trator under pargraph (c)(9) of this sec- transfer that specifies the vessel or tion; and person from which moratorium quali- (v) That moratorium qualification is fication is to be or is transferred, the not subsequently transferred. date of the transfer agreement, names (8) Application for moratorium quali- and signatures of all current owner(s) fication transfer—(i) General. An appli- of the vessel whose moratorium quali- cation for approval of a transfer of fication is to be or was transferred, and moratorium qualification (see para- names and signatures of all current graph (c)(9) of this section) must be owner(s) of the moratorium qualifica- completed and the transfer approved by tion that is to be or was transferred. the Regional Administrator before an (iv) Vessel reconstruction. The follow- application for a moratorium permit ing information must be included with based on that transfer can be approved. the application for transfer: An application for approval of a trans- (A) A legible copy of written con- fer and an application for a morato- tracts or written agreements with the rium permit may be submitted simul- firm that performed reconstruction of taneously. the vessel and that relate to that re- (ii) Contents of application. A com- construction. plete application for approval of trans- (B) An affidavit signed by the vessel fer must include the following informa- owner(s) and the owner/manager of the tion, as applicable, for each vessel in- firm that performed the vessel recon- volved in the transfer of moratorium struction, specifying the beginning and qualification: ending dates of the reconstruction. (A) Name(s), business address(es), and (C) An affidavit signed by the vessel telephone and fax numbers of the appli- owner(s) specifying the LOA of the re- cant(s) (including the owners of the constructed vessel.
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(v) Vessels lost or destroyed. A copy of LOA. The moratorium qualification of USCG Form 2692, Report of Marine Cas- any vessel that was lost or destroyed ualty, must be included with the appli- on or after January 1, 1989, but before cation for transfer. January 1, 1996, may be transferred to (9) Transfer of moratorium qualification another vessel, provided the LOA of (applicable through December 31, 1998)— that vessel does not exceed the maxi- (i) General. A transfer of a vessel’s mor- mum LOA of the original qualifying atorium qualification must be ap- vessel. The moratorium qualification proved by the Regional Administrator of such a vessel is not valid for pur- before a moratorium permit may be is- poses of issuing a moratorium permit sued under this section for the vessel for 1998, unless that vessel is used to to which the qualification is trans- make a legal landing of a moratorium ferred. A moratorium permit is not species from January 1, 1996, through transferrable or assignable. A fishery- December 31, 1997. specific gear type endorsement(s) is (iv) Vessels lost or destroyed after 1995. not severable from an endorsed permit. The moratorium qualification of any A transfer of moratorium qualification vessel that was lost or destroyed on or will not be approved by the Regional after January 1, 1996, is valid for pur- Administrator unless: poses of issuing a moratorium permit (A) A complete transfer application for that vessel, if salvaged, regardless that satisfies all requirements speci- of when salvage began, provided that fied in paragraph (c)(8) of this section the vessel has not already been re- is submitted; placed and the LOA of the salvaged (B) The LOA of the vessel to which vessel does not exceed its maximum the moratorium qualification is trans- LOA. The moratorium qualification of ferred does not exceed the maximum any vessel that is lost or destroyed on LOA of the original qualifying vessel; or after January 1, 1996, may be trans- and ferred to another vessel, providing the (C) The moratorium permit associ- LOA of that vessel does not exceed the ated with the moratorium qualification maximum LOA of the original qualify- is not revoked or suspended. ing vessel. (ii) Vessels lost or destroyed in 1988. (v) Reconstruction. The moratorium The moratorium qualification of a ves- qualification of a vessel is not valid for sel that was lost or destroyed before purposes of issuing a moratorium per- January 1, 1989, may not be transferred mit if, after June 23, 1992, reconstruc- to another vessel and is not valid for tion is initiated that results in increas- purposes of issuing a moratorium per- ing the LOA of the vessel to exceed the mit for that vessel, if salvaged, unless maximum LOA of the original qualify- salvage began on or before June 24, ing vessel. For a vessel whose recon- 1992, and the LOA of the salvaged ves- struction began before June 24, 1992, sel does not exceed its maximum LOA. and was completed after June 24, 1992, The moratorium qualification of such a the maximum LOA is the LOA on the vessel is not valid for purposes of issu- date reconstruction was completed, ing a moratorium permit for 1998 un- provided the owner files an application less that vessel is used to make a legal for transfer and the Regional Adminis- landing of a moratorium species from trator certifies that maximum LOA January 1, 1996, through December 31, and approves the transfer based on in- 1997. formation concerning the LOA of the (iii) Vessels lost or destroyed from 1989 reconstructed vessel submitted under through 1995. The moratorium quali- paragraph (c)(8)(iv) of this section. fication of any vessel that was lost or (10) Appeal—(i) Determination. The destroyed on or after January 1, 1989, Chief, RAM Division, will issue an ini- but before January 1, 1996, is valid for tial administrative determination to purposes of issuing a moratorium per- each applicant who is denied a morato- mit for that vessel, if salvaged, regard- rium permit by that official. An initial less of when salvage began, provided administrative determination may be that the vessel has not already been re- appealed by the applicant in accord- placed and the LOA of the salvaged ance with § 679.43. The initial adminis- vessel does not exceed its maximum trative determination will be the final
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agency action if a written appeal is not nually by the Regional Administrator received by the Regional Adminis- to each person with approved QS for trator, within the period specified at IFQ halibut or IFQ sablefish allocated § 679.43. in accordance with this section. (ii) Permit denial. An initial adminis- (B) IFQ permit. Each IFQ permit is- trative determination that denies an sued by the Regional Administrator application for a moratorium permit will identify the permitted person and must authorize the affected vessel to will be accompanied by a statement catch and retain moratorium crab or that specifies the amount of IFQ hali- moratorium groundfish species with but or IFQ sablefish that person may the type of fishing gear specified on the harvest from a specified IFQ regulatory application. The authorization expires area using fixed gear and a vessel of a on the effective date of the final agen- specified vessel category. cy action relating to the application. (C) IFQ card. Each IFQ card issued by (iii) Final action. An administrative determination denying approval of the the Regional Administrator will dis- transfer of a moratorium qualification play an IFQ permit number and the in- and/or denying the issuance of a mora- dividual authorized by the IFQ permit torium permit based on that morato- holder to land IFQ halibut or IFQ sa- rium qualification is the final agency blefish for debit against the permit action for purposes of judicial review. holder’s IFQ. (d) IFQ—(1) General. In addition to (ii) Registered buyer permits. Reg- the permit and licensing requirements istered buyer permits will be renewed prescribed in the annual management or issued annually by the Regional Ad- measures published in the FEDERAL ministrator to persons that have a reg- REGISTER pursuant to § 300.62 of chapter istered buyer application approved by III of this title and in the permit re- the Regional Administrator. quirements of this section, all fishing (4) Duration—(i) IFQ permit. An IFQ vessels that harvest IFQ halibut or IFQ permit authorizes the person identified sablefish must have on board: on the permit to harvest IFQ halibut or (i) IFQ permit. A copy of an IFQ per- IFQ sablefish from a specified IFQ reg- mit that specifies the IFQ regulatory ulatory area at any time during an area and vessel category in which IFQ open fishing season during the fishing halibut or IFQ sablefish may be har- year for which the IFQ permit is issued vested by the IFQ permit holder and a until the amount harvested is equal to copy of the most recent accompanying the amount specified under the permit, statement specifying the amount of or until it is revoked, suspended, or each species that may be harvested modified under 15 CFR part 904. during the current IFQ fishing season; (ii) IFQ card. An IFQ card authorizes and the individual identified on the card to (ii) IFQ card. An original IFQ card is- land IFQ halibut or IFQ sablefish for sued by the Regional Administrator. debit against the specified IFQ permit (2) Registered buyer permit. Any person until the card expires, or is revoked, who receives IFQ halibut or IFQ sable- suspended, or modified under 15 CFR fish from the person(s) that harvested the fish must possess a registered part 904, or cancelled on request of the buyer permit, except under conditions IFQ permit holder. of paragraph (d)(2) (i), (ii), or (iii) of (iii) Registered buyer permit. A reg- this section. A registered buyer permit istered buyer permit authorizes the also is required of any person who har- person identified on the permit to re- vests IFQ halibut or IFQ sablefish and ceive or make an IFQ landing by an transfers such fish: IFQ permit or card holder at any time (i) In a dockside sale; during the fishing year for which it is (ii) Outside of an IFQ regulatory issued until the registered buyer per- area; or mit expires, or is revoked, suspended, (iii) Outside the State of Alaska. or modified under 15 CFR part 904. (3) Permit issuance—(i) IFQ permits (5) Transfer. The IFQ permits issued and cards—(A) Issuance. IFQ permits under this section are not transferable, and cards will be renewed or issued an- except as provided under § 679.41. IFQ
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cards and registered buyer permits is- (ii) The shoreside processor’s name, sued under this paragraph (d) are not business street address, telephone num- transferable. ber, and fax number. (6) Inspection—(i) IFQ permit. A leg- (iii) The shoreside processor owner’s ible copy of any IFQ permit issued name or names, business mailing ad- under this section must be carried on dress, managing company, if any, tele- board the vessel used by the permitted phone number, ADF&G Processor Code, person to harvest IFQ halibut or IFQ and fax number. sablefish at all times that such fish are (iv) Indication of the fishery or fish- retained on board. eries for which the permit is requested. (v) Indication of the shoreside proc- (ii) IFQ card. Except as specified in essor operations category. § 679.42(d), an individual that is issued (vi) The owner of the shoreside proc- an IFQ card must remain aboard the essor must sign and date the applica- vessel used to harvest IFQ halibut or tion. IFQ sablefish with that card during all (3) Issuance. (i) Upon receipt of a fishing operations until arrival at the properly completed permit application, point of landing and during all IFQ the Regional Administrator will issue a landings. The IFQ cardholder must Federal processor permit required by present a copy of the IFQ permit and this paragraph (f). the original IFQ card for inspection on (ii) The Regional Administrator will request of any authorized officer, clear- send the Federal processor permit to ing officer, or registered buyer pur- the applicant with the shoreside proc- chasing IFQ species. Nothing in this essor logbook, as provided under § 679.5. paragraph would prevent an individual (4) Duration. (i) A Federal processor who is issued an IFQ card from being permit is issued for a 3-year period and absent from the vessel used to harvest remains in full force and effect from IFQ halibut or IFQ sablefish between the date of issuance through the end of the time the vessel arrives at the point the current NMFS 3-year renewal of landing until the commencement of cycle, unless it is revoked, suspended, landing. or modified under § 600.735 or § 600.740 of (iii) Registered buyer permit. A legible this chapter. copy of the registered buyer permit (ii) A Federal processor permit is sur- must be present at the location of an rendered when the original permit is IFQ landing, and must be made avail- submitted to and received by the Chief, able for inspection on request of any RAM Division, NMFS. authorized officer or clearing officer. (5) Transfer. A Federal processor per- (e) Halibut/sablefish CDQ permits and mit issued under this paragraph (f) is CDQ cards. See § 679.33(a) and (b). not transferable or assignable and is valid only for the processor for which (f) Federal processor permit—(1) Re- it is issued. quirement. No shoreside processor of the (6) Inspection. (i) An original Federal United States or vessel of the United processor permit issued under this States operating solely as a paragraph (f) must be on site at the mothership in Alaska States waters shoreside processor at all times. may receive or process groundfish har- Photocopied or faxed copies are not vested in the GOA or BSAI, unless the considered originals. owner first obtains a Federal processor (ii) A permit issued under this para- permit issued under this part. A Fed- graph (f) must be presented for inspec- eral processor permit is issued without tion upon the request of any authorized charge. officer. (2) Application. A complete applica- (g) Scallop moratorium permits (appli- tion for a Federal processor permit cable through June 30, 2000)—(1) Gen- must include the following: eral—(i) Applicability. Except as pro- (i) If the application is for an amend- vided under paragraph (g)(2) of this sec- ed permit, the current Federal proc- tion, any vessel used to take or retain essor permit number and an update of any scallop species in Federal waters the permit information that has must have a valid scallop moratorium changed. permit on board the vessel at all times
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when the vessel is engaged in fishing Registration Area H if a qualifying ves- for scallops in Federal waters or has sel made a legal landing of scallops scallops taken from Federal waters re- taken inside Registration Area H dur- tained on board. Any vessel used to ing the qualifying period defined at take or retain scallops in Federal wa- paragraph (g)(3)(i) of this section. ters within Scallop Registration Area (B) Waters outside Registration Area H. H must have a scallop moratorium per- A scallop moratorium permit may be mit endorsed for Registration Area H. endorsed for fishing in Federal waters Any vessel used to take or retain scal- outside Registration Area H if the lop species in Federal waters outside qualifying vessel made a legal landing Registration Area H must have a scal- of scallops taken in waters outside lop moratorium permit endorsed for Registration Area H during the quali- Federal waters exclusive of Registra- tion Area H. fying period defined at paragraph (ii) Applicable dates and duration. The (g)(3)(i) of this section. requirement to carry a moratorium (iii) Legal landings. Evidence of legal permit is applicable from July 1, 1997, landings shall be limited to docu- through June 30, 2000. A scallop mora- mentation of State or Federal catch re- torium permit is valid for the duration ports that indicate the amount of scal- of the moratorium unless otherwise lops harvested, the registration area or specified. location in which they were caught, (iii) Validity. A scallop moratorium the vessel used to catch them, and the permit issued under this paragraph is date of harvesting, landing, or report- valid only if: ing. (A) A person named on the morato- (4) Maximum LOA—(i) All scallop rium permit is the owner or operator of moratorium permits will specify a the vessel on which the permit is used. maximum LOA, which will be 1.2 times (B) The vessel’s LOA does not exceed the LOA of the qualifying vessel on the maximum LOA specified on the January 20, 1993, unless the qualifying permit. vessel was under reconstruction on (C) The permit has not been revoked January 20, 1993. or suspended under 15 CFR part 904. (ii) If a qualifying vessel was under (iv) Inspection. A scallop moratorium reconstruction on January 20, 1993, the permit must be presented for inspec- tion upon the request of any authorized maximum LOA will be the LOA on the officer. date reconstruction was completed. (2) Exemptions. A vessel that has an (5) Application for permit. A scallop LOA of less than or equal to 26 ft (7.9 moratorium permit will be issued to m) in the GOA, and less than or equal the person or successor in interest who to 32 ft (9.8 m) in the BSAI and that was the owner of a qualifying vessel does not have dredge gear on board is when it most recently made qualifying exempt from the requirements of this landings under paragraph (g)(3) of this paragraph (g) when fishing for scallops section, if he/she submits to the Re- with dive gear. gional Administrator a complete scal- (3) Qualification criteria—(i) Qualifying lop moratorium permit application period. To qualify for a moratorium that is subsequently approved. A com- permit, a vessel must have made a plete application for a scallop morato- legal landing of scallops during 1991, rium permit must include the follow- 1992, or 1993, or during at least 4 sepa- ing information: rate years from 1980 through 1990. (i) Name(s), signature(s), business ad- (ii) Area endorsements. A scallop mor- dress(es), and telephone and fax num- atorium permit may contain an area bers of the person(s) who owned the endorsement for Federal waters within vessel when the most recent qualifying Registration Area H, for Federal wa- landing of scallops occurred. ters outside Registration Area H, or for both areas. (ii) Name of the qualifying vessel, (A) Registration Area H. A scallop state registration number of the vessel moratorium permit may be endorsed and the USCG number of the vessel, if for fishing in Federal waters within any.
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(iii) Valid documentation of the ves- (A) The original moratorium permit sel’s basis for moratorium qualifica- to be transferred. tion, if requested by the Regional Ad- (B) Name(s), business address(es), and ministrator due to an absence of land- telephone and fax numbers of the appli- ings records for the vessel for the cant(s) including the holders of the qualifying period. scallop moratorium permit that is to (iv) Reliable documentation of the be transferred and the person(s) who is vessel’s qualifying LOA, if requested by to receive the transferred scallop mor- the Regional Administrator, such as a atorium permit. vessel survey, builder’s plan, state or (C) Name(s) and signature(s) of the Federal registration certificate, or person(s) from whom the moratorium other reliable and probative documents permit would be transferred or their that clearly identify the vessel and its representative, and the person(s) who LOA and that are dated on or before would receive the transferred morato- January 20, 1993. rium permit or their representative. (v) Name(s) and signature(s) of the (D) A legible copy of a contract or person(s) who is/are the owner(s) of the agreement to transfer the moratorium vessel or the person(s) responsible for permit in question must be included representing the vessel owner. with the application for transfer that (vi) If the qualifying vessel was under specifies the person(s) from whom the reconstruction on January 20, 1993, the scallop moratorium permit is to be permit application must contain the transferred, the date of the transfer following additional information: agreement, name(s) and signature(s) of (A) A legible copy of written con- the current holder(s) of the permit, and tracts or written agreements with the name(s) and signature(s) of person(s) to firm that performed reconstruction of whom the scallop moratorium permit the vessel and that relate to that re- is to be transferred. construction. (B) An affidavit signed by the vessel (8) Appeal—(i) Determination. The owner(s) and the owner/manager of the Chief, RAM Division, will issue an ini- firm that performed the reconstruction tial administrative determination to specifying the beginning and ending an applicant upon denial of a scallop dates of the reconstruction. moratorium permit by that official. An (C) An affidavit signed by the vessel initial administrative determination owner(s) specifying the LOA of the re- may be appealed by the applicant in ac- constructed vessel. cordance with § 679.43. The initial ad- (6) Vessel ownership. Evidence of ves- ministrative determination will be the sel ownership shall be limited to the final agency action if a written appeal following documents, in order of prior- is not received by the Regional Admin- ity: istrator postmarked within the period (i) For vessels required to be docu- specified at § 679.43. mented under the laws of the United (ii) Permit denial. An initial adminis- States, the USCG abstract of title is- trative determination that denies an sued in respect to that vessel. application for a scallop moratorium (ii) A certificate of registration that permit may authorize the affected per- is determinative as to vessel owner- son to take or retain scallops. Any ad- ship. ministrative determination that au- (iii) A bill of sale. thorizes fishing will expire on the ef- (7) Permit transfer—(i) Applicability. A fective date of the final agency action moratorium permit transfer is required relating to the application. to effect any change in permit owner- (iii) Final action. An administrative ship including the addition or subtrac- determination denying the issuance of tion of partners. Area endorsements a scallop moratorium permit is the may not be transferred independently final agency action for purposes of ju- of a moratorium permit. dicial review. (ii) Required information. A complete (9) Harvesting privilege. Scallop mora- application for approval of transfer of a torium permits issued pursuant to this scallop moratorium permit must in- part do not represent an interest that clude the following: is subject to the ‘‘takings’’ provision of
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the 5th Amendment to the U.S. Con- (B) Engaged in commercial fishing stitution. Rather, such permits rep- for salmon in the High Seas Salmon resent only a harvesting privilege that Management Area. may be revoked or amended subject to (C) Caught salmon in the High Seas the requirements of the Magnuson-Ste- Salmon Management Area using power vens Act and other applicable laws. troll gear. (h) High Seas Salmon permits—(1) Oper- (D) Landed such salmon. ators of commercial fishing vessels using (ii) The following persons are not eli- power troll gear. The operator of a fish- gible to be issued a High Seas Salmon ing vessel using power troll gear may Fishery permit under paragraph (h)(7) engage in commercial fishing for salm- of this section: on in the High Seas Salmon Manage- (A) Persons described in paragraph ment Area if the operator: (h)(1)(i) or (h)(1)(ii) of this section. (i) Held a valid State of Alaska power (B) Persons who once held but no troll permanent entry permit on May longer hold a State of Alaska power 15, 1979, or is a transferee under para- troll permanent entry or interim-use graph (h)(13) of this section from an op- permit. erator who held such a permit on that (6) Application. Applications for a date; High Seas Salmon Fishery permit must (ii) Held a valid State of Alaska be in writing, signed by the applicant, power troll interim use permit on May and submitted to the Regional Admin- 15, 1979; or istrator, at least 30 days prior to the (iii) Holds a High Seas Salmon Fish- date the person wishes to commence ery permit issued by the Regional Ad- fishing, and must include: ministrator under paragraph (h)(7) of (i) The applicant’s name, mailing ad- this section. dress, and telephone number. (2) Crew members and other persons not (ii) The vessel’s name, USCG docu- the operator of a commercial fishing vessel mentation number or State of Alaska using power trawl gear. Crew members registration number, home port, length or other persons aboard but not the op- overall, registered tonnage, and color erator of a fishing vessel may assist in the vessel’s commercial salmon fishing of the fishing vessel. operations in the High Seas Manage- (iii) The type of fishing gear used by ment Area without a permit if a person the fishing vessel. described in paragraph (h)(1)(i) through (iv) State of Alaska fish tickets or (iii) of this section is also aboard the other equivalent documents showing vessel and is engaged in the vessel’s the actual landing of salmon taken in commercial fishing operations. the High Seas Salmon Management (3) Personal use fishing. Any person Area by the applicant with power troll who holds a valid State of Alaska sport gear during any one of the years 1975 to fishing license may engage in personal 1977. use fishing in the High Seas Salmon (7) Issuance. (i) Except as provided in Management Area. subpart D of 15 CFR part 904, upon re- (4) Duration. Authorization under ceipt of a properly completed applica- this paragraph (h) to engage in fishing tion, the Regional Administrator will for salmon in the High Seas Salmon determine whether the permit eligi- Management Area constitutes a use bility conditions have been met, and if privilege which may be revoked or so, will issue a High Seas Salmon Fish- modified without compensation. ery permit. (5) Eligibility criteria for permits issued (ii) If the permit is denied, the Re- by the Regional Administrator. (i) Any gional Administrator will notify the person is eligible to be issued a High applicant in accordance with paragraph Seas Salmon Fishery permit under (h)(16) of this section. paragraph (h)(7) of this section if that (iii) If an incomplete or improperly person, during any one of the calendar completed permit application is filed, years 1975, 1976, or 1977: the Regional Administrator will notify (A) Operated a fishing vessel in the the applicant of the deficiency. If the High Seas Salmon Management Area. applicant fails to correct the deficiency
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within 30 days following the date of re- the State of Alaska of the proposed ceipt of notification, the application transfer of the permit. shall be considered abandoned. (C) The application for transfer shall (8) Amended application. Any person include all documents and other evi- who applies for and receives a High dence submitted to the State of Alaska Seas Salmon Fishery permit issued in support of the proposed transfer of under paragraph (h)(7) of this section the permit and a copy of the State of must notify the Regional Adminis- Alaska’s decision denying the transfer trator within 30 days of a change in of the permit. The Regional Adminis- any of the information submitted trator may request additional informa- under paragraph (h)(6) of this section. tion from the applicant or from the (9) Replacement. Replacement permits State of Alaska to assist in the consid- may be issued for lost or unintention- eration of the application. ally mutilated permits. An application (D) The Regional Administrator shall for a replacement permit shall not be approve the transfer if it is determined considered a new application. that: (10) Display. Any permit or license de- (1) The applicant had the ability to scribed in paragraph (h)(1) or (h)(3) of participate actively in the fishery at this section must be on board the ves- the time the application for transfer of sel at all times while the vessel is in the permit was filed with the State of Alaska. the High Seas Salmon Management (2) The applicant has access to power Area. troll gear necessary for participation (11) . Any permit or license Inspection in the fishery. described in paragraph (h)(1) or (h)(3) of (3) The State of Alaska has not insti- this section must be presented for in- tuted proceedings to revoke the permit spection upon request by an authorized on the ground that it was fraudulently officer. obtained. (12) Sanctions. Procedures governing (4) The proposed transfer of the per- permit sanctions and denials are found mit is not a lease. at subpart D of 15 CFR part 904. (E) Upon approval of the transfer ap- (13) Transfer of authority to fish in the plication by the Regional Adminis- High Seas Salmon Management Area—(i) trator, the authority of the permit State of Alaska power troll permanent holder to engage in commercial fishing entry permits. The authority of any per- for salmon in the High Seas Salmon son to engage in commercial fishing for Management Area using power troll salmon using power troll gear in the gear shall expire, and that authority High Seas Salmon Management Area shall be transferred to the applicant. shall expire upon the transfer of that (14) Other Permits. (i) Except for emer- person’s State of Alaska power troll gency transfers under paragraph (h)(15) permanent entry permit to another and of this section, the authority of any shall be transferred to the new holder person described in paragraph (h)(1)(ii), of that permit. (h)(1)(iii), or (h)(3) of this section to (ii) Transfer of Authority by the Re- fish for salmon in the High Seas Salm- gional Administrator. (A) Any person to on Management Area, may not be whom the proposed transfer of a State transferred to any other person. of Alaska power troll permanent entry (ii) Except for emergency transfers permit is denied by the State of Alaska under paragraph (h)(15) of this section, may apply, with the consent of the cur- the authority to engage in commercial rent holder of that permit, to the Re- fishing for salmon which was trans- gional Administrator for transfer to ferred under paragraph (h)(13)(ii) of the applicant of the current holder’s this section may not be transferred to authority to engage in commercial any other person except the current fishing for salmon using power troll holder of the State of Alaska power gear in the High Seas Salmon Manage- troll permanent entry permit from ment Area. which that authority was originally de- (B) The application for transfer shall rived. be filed with the Regional Adminis- (iii) The authority described in para- trator within 30 days of the denial by graph (h)(14)(ii) of this section may be
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transferred to the current holder of on the grounds that it was fraudulently that permit upon receipt of written no- obtained. tification of the transfer by the Re- (v) The application in the case of a gional Administrator. State of Alaska permit shall be filed (15) Emergency transfers—authority to with the Regional Administrator with- use power troll gear. (i) The authority of in 30 days of the denial by the State of any person to engage in commercial Alaska of emergency transfer of the fishing for salmon using power troll permit. gear in the High Seas Salmon Manage- (vi) The application shall include all ment Area may be transferred to an- documents and other evidence submit- other person for a period not lasting ted to the State of Alaska in support of beyond the end of the calendar year of the proposed emergency transfer of the the transfer when sickness, injury, or permit and a copy of the State of Alas- other unavoidable hardship prevents ka’s decision denying the emergency the holder of that authority from en- transfer of the permit. The Regional gaging in such fishing. Administrator may request additional (ii) Such a transfer shall take effect information from the applicant or from automatically upon approval by the the State of Alaska to assist in the State of Alaska of an emergency trans- consideration of the application. fer of a State of Alaska power troll (vii) Upon approval of the application entry permit, in accordance with the by the Regional Administrator, the au- terms of the permit transfer. thority of the permit holder to engage (iii) Any person may apply to the Re- in commercial fishing for salmon using gional Administrator for emergency power troll gear in the High Seas Salm- transfer of the current holder’s author- on Management Area shall expire for ity to engage in commercial fishing for the period of the emergency transfer, salmon using power troll gear in the and that authority shall be transferred High Seas Salmon Management Area to the applicant for that period. for a period not lasting beyond the cal- (16) Appeals and hearings. (i) A deci- endar year of the proposed transfer, if sion by the Regional Administrator to a person: deny a permit under paragraph (h)(7) of this section or to deny transfer of au- (A) Is denied emergency transfer of a thority to engage in commercial fish- State of Alaska power troll entry per- ing for salmon in the High Seas Salm- mit by the State of Alaska; or on Management Area under paragraphs (B) Requests emergency transfer of a (h)(13) and (h)(14) of this section will: Federal commercial power troll permit (A) Be in writing. previously issued by the Regional Ad- (B) State the facts and reasons there- ministrator, with the consent of the for. current holder of that permit. (C) Advise the applicant of the rights (iv) The Regional Administrator provided in this paragraph (h)(16). shall approve the transfer if he deter- (ii) Any such decision of the Regional mines that: Administrator shall be final 30 days (A) Sickness, injury, or other un- after receipt by the applicant, unless avoidable hardship prevents the cur- an appeal is filed with the NOAA/NMFS rent permit holder from engaging in Assistant Administrator within that such fishing. time. (B) The applicant had the ability to (iii) Failure to file a timely appeal participate actively in the fishery at shall constitute waiver of the appeal. the time the application for emergency (iv) Appeals under this paragraph transfer of the permit was filed with (h)(16) must: the State of Alaska or, in the case of a (A) Be in writing. Federal permit, with the Regional Ad- (B) Set forth the reasons why the ap- ministrator. pellant believes the Regional Adminis- (C) The applicant has access to power trator’s decision was in error. troll gear necessary for participation (C) Include any supporting facts or in the fishery. documentation. (D) The State of Alaska has not insti- (v) At the time the appeal is filed tuted proceedings to revoke the permit with the Assistant Administrator, the
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appellant may request a hearing with (ii) Any shoreside processor, respect to any disputed issue of mate- mothership, or buying station that re- rial fact. Failure to request a hearing ceives groundfish from vessels required at this time will constitute a waiver of to have a Federal fisheries permit the right to request a hearing. under § 679.4. A shoreside processor, (vi) If a hearing is requested, the As- mothership, or buying station subject sistant Administrator may order an in- to recordkeeping and reporting require- formal fact-finding hearing if it is de- ments must report all groundfish and termined that a hearing is necessary to prohibited species received, including: resolve material issues of fact and shall (A) Fish received from vessels not re- so notify the appellant. quired to have a Federal fisheries per- (vii) If the Assistant Administrator mit. orders a hearing, the order will appoint (B) Fish received under contract for a hearing examiner to conduct the handling or processing for another hearing. processor. (viii) Following the hearing, the (iii) A catcher vessel less than 60 ft hearing examiner shall promptly fur- (18.3 m) LOA, is not required to comply nish the Assistant Administrator with with recordkeeping and reporting re- a report and appropriate recommenda- quirements contained in § 679.5 (a) tions. through (j). (ix) As soon as practicable after con- (2) Applicability, Federal processor per- sidering the matters raised in the ap- mit. Any shoreside processor or vessel peal, and any report or recommenda- operating solely as a mothership in tion of the hearing examiner in the Alaska State waters that retains event a hearing is held under this para- groundfish is responsible for complying graph (h)(16), the Assistant Adminis- with the applicable recordkeeping and trator shall decide the appeal. reporting requirements of this section. (x) The Assistant Administrator shall (3) Responsibility. The operator of a promptly notify the appellant of the catcher vessel, catcher/processor, final decision. Such notice shall set mothership, or buying station receiv- forth the findings of the Assistant Ad- ing from a catcher vessel and deliver- ministrator and set forth the basis of ing to a mothership (hereafter referred the decision. The decision of the As- to as the operator) and the manager of sistant Administrator shall be the final a shoreside processor or buying station administrative action of the Depart- receiving from a catcher vessel and de- ment of Commerce. livering to a shoreside processor (here- after referred to as the manager) are [61 FR 31230, June 19, 1996, as amended at 61 FR 35578, July 5, 1996; 61 FR 41525, Aug. 9, each responsible for complying with 1996; 61 FR 56430, Nov. 1, 1996; 62 FR 2045, Jan. the applicable recordkeeping and re- 15, 1997; 62 FR 17752, 17756, Apr. 11, 1997; 62 FR porting requirements of this section. In 19688, Apr. 23, 1997] addition, the owner of a vessel, shore- side processor, or buying station must EFFECTIVE DATE NOTE: At 62 FR 17752, Apr. 11, 1997, § 679.4 was amended by adding a new ensure that the operator, manager, or paragraph (g), effective May 12, 1997 through representative (see paragraph (b) of June 30, 2000, except for paragraph (g)(1)(ii) this section) complies with these re- which is effective July 1, 1997 through June quirements and is responsible for com- 30, 2000. pliance. (4) Groundfish logbooks and forms. The § 679.5 Recordkeeping and reporting. Regional Administrator will prescribe (a) General requirements. (1) Except as and provide groundfish logbooks and provided in paragraph (a)(1)(iii) of this forms required under this section as section, the following must comply shown in Table 9 of this part. The oper- with the recordkeeping and reporting ator or manager must use these requirements of this section: logbooks and forms or obtain approval (i) Any catcher vessel, mothership, from the Regional Administrator to catcher/processor, or tender vessel, 5 use electronic versions of the logbooks net tons or larger, that is required to and forms. have a Federal fisheries permit under (5) Participant identification informa- § 679.4. tion. The operator or manager must
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record on all required records, reports, (D) Position coordinates, latitude and and logbooks: longitude to the nearest minute (Op- (i) The name of the catcher vessel, tional: Record to the nearest second or catcher/processor, mothership, shore- fraction of minute). side processor, or buying station as dis- (E) Reporting area codes, given in Fig- played in official documentation. ures 1 and 3 of this part. (ii) If a vessel, the Federal fisheries (F) Species codes, each target species, permit number and ADF&G vessel the ‘‘other species’’ category, and pro- number (if applicable). hibited species under § 679.21(b), using (iii) If a shoreside processor, the Fed- the species codes given in Table 2 of eral processor permit number and this part. ADF&G processor number. (G) Original/revised report. If a report (iv) If a buying station, the name and is the first one submitted to the Re- ADF&G vessel number (if a vessel) of gional Administrator for a given date, the buying station; the name, ADF&G gear type, and reporting area, the re- processor code, and Federal processor port should be labeled, ‘‘ORIGINAL permit number of associated shoreside REPORT.’’ If the report is a correction processor or the Federal fisheries per- to a previously submitted report for a mit number of the associated given date, gear type, and reporting mothership. area, the report should be labelled, (v) If a shoreside processor or buying ‘‘REVISED REPORT.’’ station delivering to a shoreside proc- (H) Weights. Landings, product, and essor, the geographic location of oper- discards of groundfish and herring ations. must be recorded in pounds or to the (vi) If a representative, the name, nearest 0.001 mt on all forms and daytime business telephone number logbooks. (including area code), fax or telex num- (7) Active and inactive periods. The op- ber, and the COMSAT number (if appli- erator or manager must, in the DFL, cable) of the representative. DCL, or DCPL: (6) Maintenance of records. (i) The op- (i) Account for each day of the fish- erator or manager must maintain all ing year by indicating active and inac- records, reports, and logbooks in a leg- tive periods as defined under § 679.2. ible, timely, and accurate manner; in (ii) Use a separate logbook page for English; if handwritten, in indelible each day of an active period. ink; if computer-generated, a printed, (iii) Indicate on one page the first paper copy; and based on A.l.t. and last day of an inactive period. (ii) The operator or manager must account for each day of the fishing (iv) Indicate all fishing activity, year, starting with January 1 and end- which is defined for each type of vessel ing with December 31, and the time pe- as follows: riods must be consecutive in the log- (A) If a catcher vessel—harvest or book. discard of groundfish. (iii) When applicable, the operator or (B) If a catcher/processor—harvest, manager must record in each report, discard, or processing of groundfish. form, and logbook the following infor- (C) If a mothership or shoreside proc- mation: essor—receipt, discard, or processing of (A) Page number. Number the pages in groundfish. each logbook consecutively, beginning (D) If a buying station—receipt, dis- with page one and continuing through- card, or delivery of groundfish. out the logbook for the remainder of (v) If in an active period and conduct- the fishing year, except that the man- ing fishing activity, the operator or ager of a shoreside processor must manager must record: number the DCPL pages within Part I (A) The gear type used to harvest the and Part II separately, beginning with groundfish. If a catcher vessel or catch- page one. er/processor and using hook-and-line (B) Date, presented as month-day- longline gear, the average number of year. hooks per skate. (C) Time, in military format to the (B) The reporting area code where nearest hour, A.l.t. gear retrieval was completed; whether
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gear retrieval was in Federal or Alaska each reporting area, whether in Alaska State waters. State waters or Federal waters, gear (C) If a catcher vessel, whether an ob- type, and CDQ number. server is aboard the vessel. If a catcher/ (ii) Record in the DCPL each day on processor, mothership, or shoreside the day such production occurs, the processor, the number of observers daily total, balance brought forward aboard or on site. (except for shoreside processor), and (D) The number of crew, except for cumulative total fish product weight certified observer(s). for each product of groundfish in (E) Whether harvest is under a CDQ pounds, or to at least the nearest 0.001 program; if yes, the CDQ number. If mt. fishing under more than one CDQ num- (iii) If no production occurred, write ber, use a separate page for each. ‘‘NO PRODUCTION’’ for that day. (F) If a catcher vessel or buying sta- (10) Discarded/donated species informa- tion, the name and ADF&G processor tion—(i) General. The operator or man- number of the mothership or shoreside ager must record and report discards processor to which groundfish deliv- and donations by species codes and dis- eries were made. card product codes as defined in Tables (vi) If in an active period and not 1 and 2 of this part for each reporting conducting fishing activity, the opera- area, whether in Alaska State waters tor or manager must indicate ‘‘NO or Federal waters, gear type, and CDQ FISHING ACTIVITY’’ and briefly de- number. scribe the reason. (A) The operator or manager must (8) Landings information. The manager of a shoreside processor must: record and report discards and dona- (i) Record and report groundfish tions by species codes and discard prod- landings by species codes and product uct codes as defined in Tables 1 and 2 of codes as defined in Tables 1 and 2 of this part for each gear type, CDQ num- this part for each reporting area, ber, and reporting area, whether in whether from Alaska State waters or Alaska State waters or Federal waters. Federal waters, gear type, and CDQ (B) If there were no discards or dona- number. tions, write ‘‘NO DISCARDS’’, ‘‘0’’, or (ii) Record in the DCPL each day on ‘‘ZERO’’ for that day. the day such landings occur, the fol- (ii) Catcher vessel discards/donations. lowing additional information: (A) The operator must record in the (A) The daily combined scale weight DFL each day on the day discards and of landings retained for processing donations as follows: from a catcher vessel or any associated (1) The estimated daily total, balance buying station, in pounds or to at least brought forward, and cumulative total the nearest 0.001 mt. estimated round fish weight for each (B) If more than one page is used dur- discard or donation of groundfish spe- ing a weekly reporting period, the total cies, groundfish species groups, and Pa- amount of landings carried forward cific herring in lb, or to at least the from the previous page. nearest 0.001 mt. (C) At the end of each weekly report- (2) The estimated daily total, balance ing period, the cumulative total brought forward, and cumulative total weight, calculated by adding the daily estimated numbers for each discard totals and total carried forward for and donation of Pacific salmon, that week. steelhead trout, halibut, king crab, and (iii) If no landings occurred, write Tanner crab. ‘‘NO LANDINGS’’ for that day. (B) For deliveries of unsorted (9) Product information. The operator codends, the catcher vessel is exempt of a catcher/processor or mothership or from recording discards in the DFL and the manager of a shoreside processor from submittal of the blue logsheet must, where required: (discards copy) for that delivery. The (i) Record and report groundfish operator must check the box entitled products by species codes, product ‘‘unsorted codend,’’ and the blue DFL codes, and product designations as de- logsheet (discards copy) remains in the fined in Tables 1 and 2 of this part for DFL.
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(C) For presorted deliveries or in the Pacific herring in pounds, or to at least event a catcher vessel has ‘‘bled’’ a the nearest 0.001 mt. codend prior to delivery to a processor, (C) The estimated daily total, bal- the operator must check the ance brought forward, and cumulative ‘‘presorted delivery’’ box, enter the es- total estimated numbers for each dis- timated amount of discards or dona- card and donation of Pacific salmon, tions by species, and submit with each steelhead trout, halibut, king crab, and harvest delivery the blue DFL logsheet Tanner crab. (discards copy) to the mothership, buy- (v) Mothership or shoreside processor ing station, or shoreside processor. discards/donations. (A) The operator of a (iii) Buying station discards/donations. mothership or manager of a shoreside (A) The operator or manager must processor must record in the DCPL record in the DCL on a daily basis, all each day on the day discards or dona- estimated discards or donations that: tions occur that: (1) Are reported by a catcher vessel (1) Are reported on a blue DFL delivering groundfish to the buying logsheet by a catcher vessel delivering station; groundfish to the mothership or shore- (2) Occur after receipt of harvest side processor. from a catcher vessel; and (2) Occur on site after receipt of (3) Occur prior to delivery of harvest groundfish from a catcher vessel. to a mothership or shoreside processor. (3) Occur during processing of groundfish. (B) The operator or manager must (B) The operator of a mothership or record in the DCL each day on the day manager of a shoreside processor must discards and donations occur: record in the DCPL: (1) Estimated daily total, balance (1) The estimated daily total, balance brought forward, and cumulative total brought forward, and cumulative total estimated round fish weight for each estimated round fish weight for each discard or donation of groundfish spe- discard or donation of groundfish spe- cies, groundfish species groups, and Pa- cies, groundfish species groups, and Pa- cific herring in pounds, or to at least cific herring in pounds, or to at least the nearest 0.001 mt. the nearest 0.001 mt. (2) Estimated daily total, balance (2) The estimated daily total, balance brought forward, and cumulative total brought forward, and cumulative total estimated numbers for each discard estimated numbers for each discard and donation of Pacific salmon, and donation of Pacific salmon, steelhead trout, halibut, king crab, and steelhead trout, halibut, king crab, and Tanner crab. Tanner crab. (C) If a blue DFL logsheet submitted (C) If an unsorted codend is received to the buying station from a catcher from a catcher vessel, the catcher ves- vessel contains reports of discards or sel is not required to submit a blue dis- donations, the operator or manager of card logsheet to the mothership or a buying station must record in the shoreside processor. The operator of a DCL the discards and donations on the mothership or manager of a shoreside day the DFL logsheet is received from processor must sort the catch received the catcher vessel. from the unsorted codends and must (iv) Catcher/processor discards/dona- record the discards by species in the tions. The operator of a catcher/proc- DCPL as discard at sea on the day the essor must record in the DCPL each harvest is received from the catcher day on the day discards or donations vessel. occur, as follows: (D) If discards are reported on a blue (A) All discards or donations that DFL logsheet from a catcher vessel de- occur prior to harvest, during harvest, livering a presorted codend or if a and during processing. catcher vessel reports an amount bled (B) The estimated daily total, bal- at sea, the operator of a mothership or ance brought forward, and cumulative manager of a shoreside processor must total estimated round fish weight for record in the DCPL the discards on the each discard or donation of groundfish day the DFL logsheet is received from species, groundfish species groups, and the catcher vessel.
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(E) If a yellow DCL logsheet is re- (14) Submittal of logbooks, reports and ceived from a buying station and dis- forms—(i) Logbooks. (A) The operator of cards or donations are reported, the op- a catcher vessel, catcher/processor, or erator of a mothership or manager of a mothership, or the manager of a shore- shoreside processor must record in the side processor must submit the yellow DCPL the discards or donations on the logsheets on a quarterly basis to the day the DCL logsheet is received from NMFS Alaska Fisheries Science Cen- the buying station. ter, Logbook Program, Seattle, WA, as (11) Contract processing. (i) The man- follows: First quarter, by May 1 of that ager of a shoreside processor or opera- fishing year; second quarter, by August tor of a mothership who receives 1 of that fishing year; third quarter, by groundfish to be handled or processed November 1 of that fishing year; and under contract for another processor or fourth quarter, by February 1 of the business entity must report these fish following fishing year. to the Regional Administrator consist- (B) During an inactive period that ex- ently throughout a fishing year using tends across two or more successive one of the following two methods: quarters, the operator or manager (A) Record landings (if applicable), must complete two logsheets: One to discards, and products of contract- indicate the last day of the first inac- processed groundfish routinely in the tive quarter and the next page to indi- DCPL without separate identification; cate the first day of the second inac- or tive quarter. (B) Record landings (if applicable), (ii) Reports and forms. Reports and discards, and products of contract- forms may be submitted by the opera- processed groundfish in a separate tor or manager by: DCPL identified by the name, Federal (A) Using the NMFS printed form and processor permit number, Federal fish- faxing it to the fax number on the eries permit number (if applicable), and form; or ADF&G processor code of the associ- (B) Transmitting a data file with re- ated business entity. quired information and forms to NMFS (ii) If contract-processed groundfish by modem or satellite (specifically records are kept separately from the INMARSAT standards A, B, or C). routine DCPL, the operator of the (15) Record retention—(i) Original. (A) mothership or manager of the shore- The operator of a catcher vessel, catch- side processor must summarize and re- er/processor, or mothership, and the port that information on a WPR identi- manager of a shoreside processor, must fied by the name, Federal processor retain the original (white) copy of all permit number, Federal fisheries per- logbooks and a paper copy of all re- mit number (if applicable), and ADF&G ports and forms, including those re- processor code of the associated busi- ports and forms that were originally ness entity. submitted electronically and must (12) Alteration of records. (i) The oper- make these documents available for in- ator, manager, or any other person spection by an authorized officer: may not alter or change any entry or (1) On site until the end of the fishing record in a logbook, except that an in- year during which the records were accurate or incorrect entry or record made and for as long thereafter as fish may be corrected by lining out the or fish products recorded in the log- original and inserting the correction, book, reports, and forms are retained. provided that the original entry or (2) For 3 years after the end of the record remains legible. fishing year during which the records (ii) No person except an authorized were made. officer may remove any original page (B) The operator or manager of a of any logbook. buying station must retain the original (13) Inspection of records. The operator (white) copy of all DCLs on site until or manager must make all logbooks, the buying station has concluded re- reports, and forms required under this ceiving groundfish from a catcher ves- section available for inspection upon sel for delivery to a shoreside processor the request of an authorized officer. or mothership and for as long as fish
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and fish products recorded in the DCL (b) Representative. The operator of a are retained by the buying station. catcher vessel, mothership, catcher/ (ii) Yellow DCL logsheet. The operator processor, or buying station delivering of a mothership or manager of a shore- to a mothership or manager of a shore- side processor must retain a photocopy side processor or buying station deliv- of the yellow DCL logsheets submitted ering to a shoreside processor may to NMFS under paragraph (a)(14) of identify one person to fill out and sign this section that were received from as- the logbook, complete the record- sociated buying stations until the keeping and reporting forms, or both, mothership or shoreside processor re- and to identify the contact person for ceives the original DCL. inquiries from NMFS. Designation of a (iii) Blue DFL logsheet. (A) The opera- representative under this paragraph tor of a mothership and the manager of does not relieve the owner, operator, or a shoreside processor must retain the manager of responsibility for compli- blue DFL logsheets (discard reports) ance under paragraph (a)(3) of this sec- submitted to them by operators of tion. catcher vessels through the last day of (c) Catcher vessel DFL and catcher/ the fishing year during which the processor DCPL—(1) Pair trawls. If two records were made. catcher vessels are dragging a trawl be- (B) The operator or manager of a tween them (pair trawl), a separate buying station must submit to the DFL must be maintained by each ves- mothership or shoreside processor any sel. Each vessel operator must log the blue logsheets (discard report) received amount of the catch retained by that from catcher vessels delivering ground- vessel and any fish discarded by the fish to the buying station. vessel. (iv) Pink DCL logsheet. The operator (2) Time limit and submittal. (i) The op- or manager of a buying station must erator of a catcher vessel or catcher/ retain the pink DCL logsheets for 3 processor must record in the DFL or years after the end of the fishing year DCPL, the time, position, and esti- during which the records were made. mated groundfish catch weight within (16) Integration of buying station 2 hours after gear retrieval. records. (i) The operator or manager of a buying station must maintain a sepa- (ii) The operator of a catcher vessel rate DCL for each mothership or shore- must record all other information re- side processor to which the buying sta- quired in the DFL by noon of the day tion delivers groundfish during a fish- following gear retrieval. ing year. (iii) The operator of a catcher/proc- (ii) The operator or manager of a essor must record all other information buying station must submit upon deliv- required in the DCPL by noon of the ery of catch the yellow DCL logsheets day following completion of produc- to the shoreside processor or tion. mothership to which it delivers (iv) The operator of a catcher vessel groundfish, along with the blue DFL must submit the blue DFL logsheets logsheets and ADF&G fish tickets or with delivery of the harvest to the op- catch receipts for that delivery. erator of a mothership or a buying sta- (iii) Upon conclusion of receiving tion delivering to a mothership, or to groundfish for a shoreside processor or the manager of a shoreside processor or mothership, the operator or manager of buying station delivering to a shore- a buying station must submit the side processor. original DCL to the manager of a (v) Notwithstanding other time lim- shoreside processor or operator of a its, the operator of a catcher vessel mothership to which deliveries were must record all information required in made. the DFL within 2 hours after the ves- (iv) If the mothership or shoreside sel’s catch is offloaded. processor receives fish from a buying (vi) Notwithstanding other time lim- station, the operator of the mothership its, the operator of a catcher/processor or manager of the shoreside processor must record all information required in must incorporate all of the DCL infor- the DCPL within 2 hours after the ves- mation into the DCPL. sel’s catch is offloaded.
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(3) Information required—(i) General. propriate box and must record discard/ In addition to requirements described donation information as described in in paragraphs (a) and (b) of this sec- paragraph (a)(10) of this section. tion, the operator of a catcher vessel or (B) Catcher/processors. The operator catcher/processor must record on each must record discard/donation informa- page: tion as described in paragraph (a)(10) of (A) Page number as described in this section. paragraph (a)(6)(iii)(A) of this section. (iv) Catcher vessel delivery information. (B) The start date, end date, and trip If a catcher vessel, the operator must number of the fishing trip. record: (C) If a catcher vessel, the vessel (A) The date of delivery. name, ADF&G vessel registration num- (B) The name, ADF&G processor ber, and Federal fisheries permit num- code, and ADF&G fish ticket number(s) ber. provided by the operator of the (D) If a catcher/processor, the vessel mothership or buying station deliver- name, ADF&G processor code, and Fed- ing to a mothership, or the manager of eral fisheries permit number. a shoreside processor or buying station (E) The signature of the operator of delivering to a shoreside processor. the catcher vessel or catcher/processor. (v) Catcher/processor product informa- (F) Whether catcher vessel or catch- tion. If a catcher/processor, the opera- er/processor is in an active or inactive tor must record product information as period as described in paragraph (a)(7) set forth in paragraph (a)(9) of this sec- of this section. tion. (ii) Haul/set information. The operator (vi) IFQ data. The operator of a of a catcher vessel or catcher/processor catcher vessel or catcher/processor must record the following for each haul must record IFQ information as fol- or set: lows: (A) If a catcher vessel, date (month- (A) Check YES or NO to indicate if day-year). persons aboard have authorized IFQ (B) The number of haul or set, by se- permits. quence; begin time and position coordi- (B) If YES, record the following: nates of gear deployment; average sea (1) Vessel operator’s (captain’s) name depth and average gear depth, recorded and IFQ permit number, if any. to the nearest meter or fathom. (2) The name of each IFQ holder (C) The date, time, and position co- aboard the vessel and each holder’s IFQ ordinates of gear retrieval. If the vessel permit number. is using longline hook-and-line gear, (3) Month and day of landing. the number of skates set. If the vessel (4) Name of registered buyer. is using longline pot or single pot gear, (5) Name of unloading port. the total number of pots set. (d) Buying station DCL—(1) Time lim- (D) The estimated total round fish its. (i) The operator or manager of each weight of the groundfish catch to the buying station subject to this part nearest lb or mt. must record entries in the DCL as to (E) The species code of the intended catcher vessel delivery information target species from Table 2 of this part. within 2 hours after completion of re- (F) The estimated IFQ sablefish ceipt of the groundfish. amounts in the ‘‘comments’’ column. (ii) All other information required in (iii) Discard/donated species informa- the DCL must be recorded by noon of tion. The operator of a catcher vessel or the day following the day the receipt of catcher/processor must record discard/ groundfish was completed or discard donation information as described in occurred. paragraph (a)(10) of this section. (2) Information required—(i) General. (A) Catcher vessels. (1) If deliveries to In addition to requirements described a mothership or shoreside processor are in paragraphs (a) and (b) of this sec- unsorted codends, the operator must tion, the operator or manager of a buy- check the appropriate box. ing station must record on each page: (2) If deliveries to a mothership or (A) Page number as described in shoreside processor are presorted at paragraph (a)(6)(iii)(A) of this section. sea, the operator must check the ap- (B) The date.
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(C) The buying station name and, if a (E) Whether mothership is in an ac- vessel, the ADF&G vessel number. tive or inactive period as described in (D) The operator’s or manager’s sig- paragraph (a)(7) of this section. nature. (ii) Deliveries. The operator or each (E) Whether the buying station is in mothership must record for each deliv- an active or inactive period as de- ery: scribed in paragraph (a)(7) of this sec- (A) Whether delivery is from a catch- tion. er vessel or a buying station. (F) The name and ADF&G processor (B) The name and ADF&G vessel reg- code of the mothership or shoreside istration number (if applicable) of the processor to which groundfish deliv- catcher vessel or buying station deliv- eries were made. ering the groundfish. (G) The number of crew. (C) The time and position coordinates (ii) Groundfish deliveries. The operator of the mothership when groundfish or manager of a buying station must catch is received. record the following information for (D) The estimated total ground fish each delivery of groundfish: weight of the groundfish catch. (A) The ADF&G fish ticket number (E) The ADF&G fish ticket number issued to each catcher vessel delivering issued to each catcher vessel delivering groundfish. If a fish ticket was not is- groundfish. If a fish ticket is not is- sued, the catch receipt number of the sued, record the catch receipt number transaction. of the transaction. (B) Whether blue DFL logsheets were (iii) Discard/donation. The operator of received from the catcher vessel deliv- each mothership must record discard/ ering the groundfish. donation information as described in (C) The time when receipt of ground- paragraph (a)(10) of this section. fish catch was completed. (iv) Production information. The oper- ator of each mothership must record (D) The name and ADF&G vessel reg- product information as described in istration number of the catcher vessel paragraph (a)(9) of this section. delivering the groundfish. (f) Shoreside processor DCPL—(1) Time (E) The total groundfish delivery limits. (i) The manager of each shore- weight. side processor must record in the DCPL (iii) Discard/donated species informa- all catcher vessel or buying station de- tion. The operator or manager of the livery information within 2 hours after buying station must record discard/do- completion of the groundfish receipt. nation information as described in (ii) All other information required in paragraph (a)(10) of this section. the DCPL must be recorded by noon of (e) Mothership DCPL—(1) Time limits. the day following the day the catch re- (i) The operator of each mothership ceipt, discard, or production occurred. must record entries in the DCPL as to (2) Information required—(i) Part IA. In catcher vessel or buying station deliv- addition to requirements described in ery information within 2 hours after paragraphs (a) and (b) of this section, completion of the groundfish receipt. the manager of a shoreside processor (ii) All other information required in must record on each page: the DCPL must be recorded by noon of (A) If a page is for an individual day, the day following the day the catch re- the date. If a page is for 1 week, the ceipt, discard, or production occurred. week-ending date. See also paragraph (2) Information required—(i) General. (a)(6)(iii)(A) of this section. In addition to requirements described (B) Participant identification infor- in paragraphs (a) and (b) of this sec- mation as described in paragraph (a)(5) tion, the operator of a mothership of this section. must record on each page: (C) The signature of the manager. (A) Page number as described in (D) Whether the shoreside processor paragraph (a)(6)(iii)(A) of this section. is in an active or inactive period as de- (B) The date. scribed in paragraph (a)(7) of this sec- (C) The name, ADF&G processor tion. number, and Federal processor number. (ii) Part IB. The manager of each (D) The operator’s signature. shoreside processor must record the
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following information for each deliv- essor or the manager of a shoreside ery: processor must record each transfer of (A) Date and time when receipt of groundfish product on a separate PTR. groundfish catch was completed. (ii) The manager of a shoreside proc- (B) Whether delivery is from catcher essor must report on a PTR those fish vessel or buying station. products that are subsequently trans- (C) Whether blue DFL logsheets were ferred to an offsite meal reduction submitted by catcher vessel. plant. (D) The name and ADF&G vessel reg- (iii) The operator of a mothership or istration number (if applicable) of the catcher/processor or manager of a catcher vessel or buying station deliv- shoreside processor must report on a ering the groundfish. PTR, daily sales or transfer of ground- (E) The total scale weight of ground- fish to vessels for bait. Individual sales fish delivery in pounds or to the near- of groundfish for bait purposes during a est 0.001 mt. day may be aggregated when recording (F) The ADF&G fish ticket number the amount of product leaving a facil- issued to the catcher vessel delivering ity that day. groundfish. If a fish ticket is not is- (2) Time limits and submittal. The oper- sued, record the catch receipt number ator of a mothership or catcher/proc- of the transaction. essor or manager of a shoreside proc- (iii) Landings information, Part IC. essor must: The manager must record: (i) Record all product transfer infor- (A) The date next to the appropriate mation on a PTR within 2 hours of the day of the week (SUN through SAT). completion of the transfer. (B) Landings information as de- (ii) Submit by fax a copy of each PTR scribed in paragraph (a)(8) of this sec- to the Regional Administrator within tion. 24 hours of completion of transfer. (iv) Discarded/donated species informa- (3) —(i) tion (Part ID). The manager of each Information required General. shoreside processor must record: The operator of a mothership or catch- (A) The date next to the appropriate er/processor or manager of a shoreside day of the week (SUN through SAT). processor must record on each page of (B) Discard information, as described a PTR: in paragraph (a)(10) of this section. (A) Whether the PTR is an original (v) Part II. The manager of each or revised report, as described in para- shoreside processor must record: graph (a)(6)(iii)(G) of this section. (A) Page numbers must be consecu- (B) Page numbers must be numbered tive within Part II, beginning with consecutively, starting with the first page one for the first day product was transfer of the fishing year as page 1 produced after the start of the fishing and continuing throughout the remain- year and continuing throughout the der of the fishing year. section for the remainder of the fishing (C) ‘‘RECEIPT,’’ if product (including year. raw fish) is received; ‘‘OFFLOAD,’’ if (B) The name, ADF&G processor code product (including raw fish) is number, and Federal processor number offloaded from a mothership or catch- of shoreside processor. er/processor; ‘‘SHIPMENT,’’ if product (C) The signature of the manager of (including raw fish) is shipped from a the shoreside processor. shoreside processor. (D) Product information. (1) The week- (D) Representative identification in- ending date. formation, as described in paragraph (2) The management area (BSAI or (a)(5)(vi) of this section. GOA). (E) If a catcher/processor or (3) The date next to the appropriate mothership, the participant identifica- day of the week (SUN through SAT). tion information as described in para- (4) Product information as described graph (a)(5) of this section and USCG in paragraph (a)(9) of this section. documentation number. If a shoreside (g) Groundfish Product Transfer Report processor, the participant identifica- (PTR)—(1) Applicability. (i) The opera- tion information as described in para- tor of a mothership or catcher/proc- graph (a)(5) of this section.
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(ii) Transfer information. The operator catcher/processor or mothership or of a catcher/processor or mothership or manager of a shoreside processor must manager of a shoreside processor must record the following information: record on each page the following in- (A) If a catcher/processor or formation for each transfer: mothership, the Harvest Zone code of (A) If another vessel is involved with the area in which groundfish were har- the transfer, the name and call sign of vested as defined in Table 8 of this the vessel receiving or delivering part. groundfish or groundfish products. (B) The species code and product code (B) If a mothership or catcher/proc- for each product transferred as defined essor and the transfer takes place in in Tables 1 and 2 of this part. port, the port of landing and country, (C) The number of cartons or produc- if a foreign location. tion units transferred. (C) If the transfer is made to an (D) The average net weight of one agent, the agent’s name. For purposes carton for each species and product of this section, ‘‘agent’’ is defined as code in kilograms or pounds. the transport company, the buyer, or (E) The total net weight (fish product the distributor. weight, to the nearest 0.001 mt) of the (D) Intended first destination of prod- products transferred. uct. (1) If an offload or shipment, the (iv) Total or partial offload. If a catch- intended destination of the vessel or er/processor or mothership, whether agent receiving the groundfish or the transfer is a total or partial off- groundfish product. load. If partial offload, the total fish (2) If an offload or shipment has sev- product weight, to the nearest 0.001 mt, eral destinations, the first intended of the products (by harvest zone, spe- destination. cies and product codes) remaining on (3) If offload or shipment has a single board after this transfer. destination but requires loading on (h) Check-in/check-out report—(1) Ap- multiple vans, trucks, or airline plicability—(i) Transit between reporting flights, the transfer may be recorded areas. If a vessel is transiting through on a single PTR page. a reporting area and is not fishing or (E) Date and time of product transfer— receiving fish, a check-in or check-out (1) Start date. The date, as described in report is not required from that area. paragraph (a)(6)(iii)(B) of this section, (ii) Multiple vessel operations cat- and time, as described in paragraph egories—(A) Check-in report. If a catch- (a)(6)(iii)(C) of this section, the trans- er/processor is functioning simulta- fer starts. neously as a mothership in the same (2) Finish date. The date and time the reporting area, the operator must sub- transfer is completed, as follows: mit a separate check-in report for each (i) If shipment is an individual van vessel operations category. load or flight, the date and time when (B) Check-out report. Upon completion each shipment leaves the plant. of each activity, the operator must (ii) If shipment involves multiple submit a check-out report for each ves- vans or trucks, the date and time when sel operations category. loading of vans or trucks is completed (2) Time limits and submittal—(i) for each day. Check-in report (BEGIN message)—(A) (iii) If shipment involves airline Catcher/processor. Before the operator of flights, record date, as described in a catcher/processor commences harvest paragraph (a)(6)(iii)(B) of this section, of groundfish in Alaska State or Fed- and time, as described in paragraph eral waters of any reporting area ex- (a)(6)(iii)(C) of this section, when the cept 300, 400, 550, or 690, the operator last airline flight shipment of the day must submit by fax a check-in report leaves the plant. (BEGIN message) to the Regional Ad- (F) Position transferred. If a catcher/ ministrator. processor or mothership and transfer of (B) Mothership, shoreside processor, product is made at sea, the transfer po- buying station. Before a mothership, sition coordinates. shoreside processor, or buying station (iii) Products and quantities offloaded, commences receipt of groundfish from shipped, or received. The operator of a Alaska State or Federal waters of any
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reporting area except 300, 400, 550, or within 24 hours after departing a re- 690, the operator or manager must sub- porting area. mit by fax a check-in report (BEGIN (E) End of fishing year. If a check-out message) to the Regional Adminis- report has not previously been submit- trator. ted during a fishing year, the operator (C) Directed fishing under a CDQ allo- or manager must submit a check-out cation. The operator must submit by report at the end of that fishing year, fax a check-in report to the Regional December 31. Administrator prior to directed fishing (F) Directed fishing under a CDQ allo- for each CDQ allocation. cation. The operator must submit by (ii) Check-out report (CEASE mes- fax a check-out report to the Regional sage)—(A) Catcher/processor. If a catch- Administrator within 24 hours after di- er/processor departs a reporting area or rected fishing for each species under moves between Alaska State and Fed- each CDQ allocation has ceased. eral waters in a reporting area, and (3) Information required—(i) General. gear retrieval is complete from that The operator of a catcher/processor, area, the operator must submit by fax mothership, or buying station deliver- a check-out report to the Regional Ad- ing to a mothership or the manager of ministrator within 24 hours after de- a shoreside processor or buying station parting a reporting area or leaving ei- delivering to a shoreside processor ther the Alaska State or Federal part must record on each page: of a reporting area but prior to check- (A) Whether it is an original or re- ing-in another reporting area or either vised report as described in paragraph the Alaska State or Federal part of a (a)(6)(iii)(G) of this section. reporting area. (B) Participant identification infor- (B) Mothership or buying station deliv- mation as described in paragraph (a)(5) ering to a mothership. If a mothership or of this section. buying station delivering to a mothership completes receipt of (C) Representative identification in- groundfish, the operator must submit formation as described in paragraph by fax a check-out report to the Re- (a)(5)(vi) of this section. gional Administrator within 24 hours (D) For a mothership or catcher/proc- after departing a reporting area or essor, the processor type and gear type leaving either the Alaska State or Fed- used to harvest the groundfish. If eral part of a reporting area. groundfish are received by a (C) Shoreside processor. If a shoreside mothership in the same reporting area processor, the manager must submit by from more than one gear type, or if fax a check-out report to the Regional groundfish are caught by a catcher/ Administrator within 48 hours after processor in the same reporting area the end of the applicable weekly re- using more than one gear type, the op- porting period that a shoreside proc- erator must submit a separate form for essor ceases to process groundfish for each gear type. the fishing year or has not processed (E) Whether harvest is under a CDQ groundfish for more than one weekly program; if yes, the CDQ number. If reporting period. fishing under more than one CDQ num- (D) Buying station delivering to a ber, use a separate report for each. shoreside processor. (F) If a buying station, the number of (1) If a land-based buying station de- crew on the last day of the reporting livering to a shoreside processor, the week. manager must submit by fax a check- (ii) BEGIN message. The operator of a out report to the Regional Adminis- catcher/processor, mothership, or buy- trator within 24 hours after delivery of ing station delivering to a mothership groundfish ceases for the fishing year or the manager of a shoreside processor or for a period greater than one weekly or buying station delivering to a shore- reporting period. side processor must record: (2) If a buying station vessel deliver- (A) For a catcher/processor, date and ing to a shoreside processor, the opera- time that gear is deployed. For a tor must submit by fax a check-out re- mothership, date and time that receipt port to the Regional Administrator of groundfish begins.
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(B) For a catcher/processor, position suant to paragraph (h)(2)(i) of this sec- coordinates where gear is set. For a tion. mothership, position coordinates where (ii) The operator of a vessel that is groundfish receipt begins. authorized to conduct operations as (C) For a catcher/processor, the re- both a catcher/processor and as a porting area code of gear deployment mothership must submit separate and whether gear deployment was in WPRs to report production and discard Federal or Alaska State waters. For a as a catcher/processor and production mothership or buying station deliver- and discard as a mothership. ing to a mothership, the reporting area (2) Time limits and submittal. The oper- code where groundfish receipt begins ator or manager must submit a WPR and whether receipt of groundfish oc- by fax to the Regional Administrator curred in Federal or Alaska State wa- by 1200 hours, A.l.t., on the Tuesday ters. following the end of the applicable (D) For a shoreside processor, the weekly reporting period. date receipt of groundfish will begin, (3) Information required—(i) General. whether checking in for the first time The operator of a catcher/processor or in fishing year or checking in to re- mothership, or the manager of a shore- start receipt and processing of ground- side processor must record on each fish after filing a check-out report. page: (E) For a mothership or catcher/proc- (A) Whether an original or revised re- essor, the primary and secondary spe- port, as described in paragraph cies expected to be harvested. For a (a)(6)(iii)(G) of this section. buying station, the intended primary (B) Participant identification infor- target expected to be harvested. A mation as described in paragraph (a)(5) change in intended target species with- of this section. in the same reporting area does not re- (C) Representative identification in- quire a new BEGIN message. formation as described in paragraph (iii) CEASE message. The operator of a (a)(5)(vi) of this section and date WPR catcher/processor, mothership, or buy- was completed. ing station delivering to a mothership (D) If a mothership or catcher/proc- or the manager of a shoreside processor essor, the processor type and gear type or buying station delivering to a shore- used to harvest the groundfish. side processor must report: (A) If a catcher/processor, mothership (E) Whether harvest is under a CDQ or buying station delivering to a Program; if yes, the CDQ number. mothership, the date, time and posi- (F) The week-ending date. tion coordinates where the vessel de- (G) The primary and secondary tar- parted the reporting area or moved to get codes for the next week. Federal waters from Alaska State wa- (H) If a mothership or catcher/proc- ters within a reporting area, or vice essor, the number of crew on the last versa. day of the reporting week. (B) If a shoreside processor or buying (ii) Landings information. The man- station delivering to a shoreside proc- ager of a shoreside processor must re- essor, the date that receipt of ground- port landings information as described fish ceased. in paragraph (a)(8) of this section, ex- (iv) Fish or fish product held at plant. cept that each groundfish landing must The manager of a shoreside processor be reported only in metric tons to at must report the weight of the fish or least the nearest 0.001 mt. fish products in pounds or to the near- (iii) Discarded/donated species informa- est 0.001 mt by species and product tion (Part ID). The operator of a catch- codes. er/processor or mothership, or the man- (i) Weekly Production Report (WPR)— ager of a shoreside processor must re- (1) Applicability. (i) The operator of a port discarded/donated species informa- catcher/processor or mothership or the tion as described in paragraph (a)(10) of manager of a shoreside processor must this section, except that each ground- submit a WPR for any week the fish or herring discard/donation must mothership, catcher/processor, or be reported only in metric tons to at shoreside processor is checked in pur- least the nearest 0.001 mt.
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(iv) Product information. The operator side processor must record on each of a catcher/processor or mothership, page: or the manager of a shoreside processor (A) Whether it is an original or re- must report product information as de- vised report as described in paragraph scribed in paragraph (a)(9) of this sec- (a)(6)(iii)(G) of this section. tion, except that each groundfish prod- (B) Participant identification infor- uct must be reported only in metric mation as described in paragraph (a)(5) tons to at least the nearest 0.001 mt. of this section, and processor type. (v) Catcher vessel delivery information. (C) Representative identification in- If ADF&G fish tickets are issued, the formation as described in paragraph operator of the mothership or manager (a)(5)(vi) of this section. of the shoreside processor must list the (D) The gear type used to harvest the fish ticket numbers issued to catcher groundfish, date landings were re- vessels for the weekly reporting period, ceived, and Federal reporting area including the fish ticket numbers is- where landings were harvested. sued by an associated buying station. (E) Whether harvest is under a CDQ (j) Daily Production Report (DPR)—(1) Program; if yes, the CDQ number. Notification. If the Regional Adminis- (ii) Landings information. The man- trator determines that DPRs are nec- ager of a shoreside processor must re- essary to avoid exceeding a groundfish port landings information as described TAC or prohibited species bycatch al- in paragraph (a)(8) of this section, ex- lowance, NMFS may require submis- cept that each groundfish landing must sion of DPRs from motherships, catch- be reported only in metric tons to at er/processors, and shoreside processors least the nearest 0.001 mt. for reporting one or more specified spe- (iii) Product information. The operator cies, in addition to a WPR. NMFS will of a mothership or catcher/processor must report product information as de- publish notification in the FEDERAL scribed in paragraph (a)(9) of this sec- REGISTER specifying the fisheries that tion, except that each groundfish prod- require DPRs and the dates that sub- uct must be reported only in metric mittal of DPRs are required. tons to at least the nearest 0.001 mt. (2) Applicability. (i) If a catcher/proc- (iv) Discarded/donated species informa- essor or mothership is checked in to tion. The operator of a mothership or the specified reporting area and is har- catcher/processor or the manager of a vesting, receiving, processing, or dis- shoreside processor must report dis- carding the specified species or is re- carded/donated species information as ceiving reports from a catcher vessel of described in paragraph (a)(10) of this discard at sea of the specified species, section, except that each groundfish or the operator must submit a DPR. herring discard/donation must be re- (ii) If a shoreside processor is receiv- ported only in metric tons to at least ing, processing, or discarding the speci- the nearest 0.001 mt. fied species or is receiving reports from (k) U.S. Vessel Activity Report (VAR)— a catcher vessel of discard at sea of the (1) Applicability. The operator of a specified species, the manager must catcher vessel, catcher/processor, or submit a DPR. mothership regulated under this part (iii) The operator of a catcher/proc- must submit a VAR by fax to NMFS essor or mothership or the manager of Alaska Enforcement Division, Juneau, a shoreside processor must use a sepa- AK, before the vessel crosses the sea- rate DPR for each gear type, processor ward boundary of the EEZ off Alaska type, and CDQ number. or crosses the U.S.-Canadian inter- (3) Time limit and submittal. The oper- national boundary between Alaska and ator or manager must submit a DPR by British Columbia. fax to the Regional Administrator by (2) Information required—(i) General. 1200 hours, A.l.t., the day following The operator of each catcher vessel, each day of landings, discard, or pro- catcher/processor, or mothership must duction. record on each page: (4) Information required—(i) General. (A) Whether an original or revised re- The operator of a catcher/processor or port as described in paragraph mothership, or the manager of a shore- (a)(6)(iii)(G) of this section.
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(B) Participant identification infor- title, the following reports are re- mation as described in paragraph (a)(5) quired. of this section. (1) IFQ landings report—(i) Prior notice (C) Representative identification in- of IFQ landing. Except as provided in formation as described in paragraph paragraph (l)(1)(i)(C) of this section, (a)(5)(vi) of this section, and date VAR the operator of any vessel making an was completed. IFQ landing must notify the Alaska (D) If the vessel is crossing into the Region, NMFS, no fewer than 6 hours seaward boundary of the EEZ off Alas- before landing IFQ halibut or IFQ sa- ka or crossing the U.S.-Canadian inter- blefish, unless permission to commence national boundary between Alaska and an IFQ landing within 6 hours of notifi- British Columbia, the operator must cation is granted by a clearing officer. indicate ‘‘return’’ report. (A) Notification of an IFQ landing (E) If the vessel is crossing out of the must be made to the toll-free telephone seaward boundary of the EEZ off Alas- number specified on the IFQ permit be- ka or crossing the U.S.-Canadian inter- tween the hours of 0600 hours, A.l.t., national boundary between Alaska and and 2400 hours, A.l.t. British Columbia into Canadian wa- (B) Notification must include: Name ters, the operator must indicate ‘‘de- of the registered buyer(s) to whom the part’’ report. IFQ halibut or IFQ sablefish will be (F) Port of landing. landed and the location of the landing; (G) Whether the vessel is returning vessel identification; estimated weight from fishing or departing to fish in the of the IFQ halibut or IFQ sablefish that Russian Zone. will be landed; identification number(s) (H) Date and time the vessel will of the IFQ card(s) that will be used to cross the seaward boundary of the EEZ land the IFQ halibut or IFQ sablefish; off Alaska or the U.S.-Canadian inter- and the date and time that the landing national boundary between Alaska and will take place. British Columbia. (C) The operator of a category B, C, (I) Latitude and longitude at the point of crossing the seaward boundary or D vessel, as defined at § 679.40(a)(5), of the EEZ off Alaska or U.S.-Canadian making an IFQ landing of IFQ halibut international boundary between Alas- of 500 lb (0.227 mt) or less of weight de- ka and British Columbia. termined pursuant to § 679.42(c)(ii) and (ii) Fish or fish products. The operator concurrent with a legal landing of of a catcher vessel, catcher/processor, salmon is exempt from the prior notice or mothership must record the fish or of landing required by this section. fish product on board the vessel when (D) The operator of any vessel wish- crossing the seaward boundary of the ing to land IFQ halibut or IFQ sable- EEZ off Alaska or U.S.-Canadian inter- fish before the date and time reported national boundary as follows: in the prior notice or later than 2 hours (A) The Harvest Zone code of the after the date and time reported in the area in which groundfish were har- prior notice must submit a new prior vested as defined in Table 8 of this notice of IFQ landing in compliance part. with the provisions set forth in para- (B) The species code and product code graphs (l)(1)(i) (A) through (C) of this for each species on board as defined in section. Tables 1 and 2 of this part. (ii) Registered buyer reports IFQ land- (C) The fish product weight of prod- ings. (A) A registered buyer must re- ucts on board in pounds or to the near- port an IFQ landing in the manner pre- est 0.001 mt. scribed on the registered buyer permit (l) IFQ recordkeeping and reporting re- within 6 hours after all such fish are quirements. In addition to the record- landed and prior to shipment or depar- keeping and reporting requirements in ture of the delivery vessel from the this section and as prescribed in the landing site. annual management measures pub- (B) An IFQ landing may commence lished in the FEDERAL REGISTER pursu- only between 0600 hours, A.l.t., and 1800 ant to § 300.62 of chapter III of this hours, A.l.t., unless:
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(1) Permission to land at a different within 7 days of the date shipment or time is granted in advance by a clear- transfer commenced; ing officer; or (B) Assure that a copy of the Ship- (2) IFQ halibut of 500 lb (0.227 mt) or ment Report or a bill of lading that less of weight determined pursuant contains the same information accom- to § 679.42(c)(ii) is landed concurrently panies the shipment to its first des- with a legal landing of salmon by a cat- tination beyond the location of the IFQ egory B, C, or D vessel, as defined landing; and at § 679.40(a)(5). (C) Submit a revised Shipment Re- (iii) Verification and inspection. (A) port if any information on the original Each IFQ landing and all fish retained Shipment Report changes prior to the on board the vessel making an IFQ first destination of the shipment. A re- landing are subject to verification, in- vised Shipment Report must be clearly spection, and sampling by authorized labeled ‘‘Revised Shipment Report,’’ officers, clearing officers, or observers. and must be received by the NMFS Each IFQ halibut landing is subject to Alaska Enforcement Division, within 7 sampling for biological information by days of the change. persons authorized by the IPHC. (iv) Dockside sale and outside landing. (B) A copy of all reports and receipts (A) A person holding a valid IFQ per- required by this section must be re- mit, IFQ card, and registered buyer tained by registered buyers and be permit may conduct a dockside sale of made available for inspection by an au- IFQ halibut or IFQ sablefish to a per- thorized officer or a clearing officer for son who has not been issued a reg- a period of 3 years. istered buyer permit. (iv) Information required. Information contained in a complete IFQ landing (B) The person making such an IFQ report shall include: Date, time, and lo- landing must submit an IFQ landing cation of the IFQ landing; names and report in the manner prescribed in permit numbers of the IFQ card holder paragraph (l)(1) of this section before and registered buyer; product type any fish are sold, transferred, or re- landed; and fish product weight of sa- moved from the immediate vicinity of blefish and halibut landed. the vessel with which they were har- (2) IFQ shipment report—(i) Applicabil- vested. ity. Each registered buyer, other than (C) A receipt that includes the date those conducting dockside sales, must of sale or transfer, the registered buyer report on a shipment report any ship- permit number, and the fish product ments or transfers of IFQ halibut and weight of the sablefish or halibut IFQ sablefish to the first destination transferred must be issued to each indi- beyond the location of the IFQ landing. vidual receiving IFQ halibut or IFQ sa- (ii) Submittal. (A) A shipment report blefish through a dockside sale. must be submitted to NMFS Alaska (D) A person holding a valid IFQ per- Enforcement Division prior to ship- mit, IFQ card, and registered buyer ment or transfer, in a manner pre- permit may conduct a IFQ landing out- scribed on the registered buyer permit. side an IFQ regulatory area or the (B) A shipment report must specify: State of Alaska to a person who does Species and product type being not hold a registered buyer permit. The shipped, number of shipping units, fish person making such an IFQ landing product weight, names of the shipper must submit an IFQ landing report in and receiver, names and addresses of the manner prescribed in paragraph the consignee and consignor, mode of (l)(1) of this section. transportation, and intended route. (v) Transshipment. No person may (iii) Registered Buyer. A registered transship processed IFQ halibut or IFQ buyer must: sablefish between vessels without au- (A) Complete a Shipment Report for thorization by a clearing officer. Au- each shipment or transfer from that thorization from a clearing officer registered buyer prior to shipment and must be obtained for each instance of assure that the Shipment Report is transshipment at least 24 hours before submitted to, and received by, the the transshipment is intended to com- NMFS Alaska Enforcement Division, mence. Requests for authorization
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must specify the date and location of intended date, time, and location of the transshipment. IFQ landing. (3) IFQ vessel clearance—(i) Applicabil- (C) Any person granted a vessel clear- ity. A person who makes an IFQ land- ance must submit an IFQ landing re- ing at any location other than in an port, required under this section, for IFQ regulatory area or in the State of all IFQ halibut, IFQ sablefish, and Alaska must obtain prelanding written products thereof that are on board the clearance of the vessel and provide the vessel at the first landing of any fish weight of IFQ halibut and IFQ sablefish from the vessel. on board to the clearing officer. (vii) Inspection. A vessel seeking (ii) State of Alaska. A vessel obtaining clearance is subject to inspection of all prelanding written clearance at a port fish, log books, permits, and other doc- in the State of Alaska must obtain uments on board the vessel, at the dis- that clearance prior to departing the cretion of the clearing officer. waters of the EEZ adjacent to the ju- (viii) Primary ports. Unless specifi- risdictional waters of the State of cally authorized on a case-by-case Alaska, the territorial sea of the State basis, vessel clearances will be issued of Alaska, or the internal waters of the only by clearing officers at the follow- State of Alaska. ing primary ports: (iii) State other than Alaska. (A) A ves- North West sel obtaining prelanding written clear- Port latitude longitude ance at a port in a state other than Akutan ...... 54°08′05″ 165°46′20″ Alaska must provide a departure report Bellingham ...... 48°45′04″ 122°30′02″ to NMFS, Alaska Region, prior to de- Cordova ...... 60°33′00″ 145°45′00″ parting the waters of the EEZ adjacent Craig ...... 55°28′30″ 133°09′00″ Dutch Harbor/Un- 53°53′27″ 166°32′05″ to the jurisdictional waters of the alaska. State of Alaska, the territorial sea of Excursion Inlet ...... 58°25′00″ 135°26′30″ the State of Alaska, or the internal wa- Homer ...... 59°38′40″ 151°33′00″ Ketchikan ...... 55°20′30″ 131°38′45″ ters of the State of Alaska. King Cove ...... 55°03′20″ 162°19′00″ (B) The departure report must in- Kodiak ...... 57°47′20″ 152°24′10″ clude the weight of the IFQ halibut or Pelican ...... 57°57′30″ 136°13′30″ ° ′ ″ ° ′ ″ IFQ sablefish on board and the in- Petersburg ...... 56 48 10 132 58 00 St. Paul ...... 57°07′20″ 170°16′30″ tended date and time the vessel will ob- Sand Point ...... 55°20′15″ 160°30′00″ tain prelanding written clearance at Seward ...... 60°06′30″ 149°26′30″ that port in a state other than Alaska. Sitka ...... 57°03′ 135°20′ Yakutat ...... 59°33′ 139°44′ (iv) Foreign port other than Canada. A vessel operator who lands IFQ species in a foreign port must first obtain ves- [61 FR 31230, June 19, 1996, as amended at 61 sel clearance from a clearing officer lo- FR 35578, July 5, 1996; 61 FR 41525, Aug. 9, 1996; 61 FR 49981, Sept. 24, 1996; 62 FR 2045, cated at a primary port in the State of Jan. 15, 1997; 62 FR 17756, Apr. 11, 1997; 62 FR Alaska. 19690, Apr. 23, 1997; 62 FR 26247, May 13, 1997; (v) Canadian ports. No person shall 62 FR 26749, May 15, 1997] make an IFQ landing in Canada other than at the ports of Port Hardy, Prince § 679.6 Experimental fisheries. Rupert, or Vancouver, British Colum- (a) General. For limited experimental bia. purposes, the Regional Administrator (vi) Reporting requirements. (A) A ves- may authorize, after consulting with sel operator must land and report all the Council, fishing for groundfish in a IFQ species on board at the same time manner that would otherwise be pro- and place as the first landing of any hibited. No experimental fishing may species harvested during a fishing trip. be conducted unless authorized by an (B) Any person requesting a vessel experimental fishing permit issued by clearance must have valid IFQ and reg- the Regional Administrator to the par- istered buyer permits and one or more ticipating vessel owner in accordance valid IFQ cards on board that indicate with the criteria and procedures speci- that IFQ holdings are equal to or fied in this section. Experimental fish- greater than all IFQ halibut and IFQ ing permits will be issued without sablefish on board, and must report the charge and will expire at the end of a
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calendar year unless otherwise pro- (9) The Regional Administrator may vided for under paragraph (e) of this request from an applicant additional section. information necessary to make the de- (b) Application. An applicant for an terminations required under this sec- experimental fishing permit shall sub- tion. Any application that does not in- mit to the Regional Administrator, at clude all necessary information will be least 60 days before the desired effec- considered incomplete. An incomplete tive date of the experimental fishing application will not be considered to be permit, a written application includ- complete until the necessary informa- ing, but not limited to, the following tion is provided in writing. An appli- information: cant for an experimental fishing per- (1) The date of the application. mit need not be the owner or operator (2) The applicant’s name, mailing ad- of the vessel(s) for which the experi- dress, and telephone number. mental fishing permit is requested. (3) A statement of the purpose and (c) Review procedures. (1) The Re- goal of the experiment for which an ex- gional Administrator, in consultation perimental fishing permit is needed, in- with the Alaska Fishery Science Cen- cluding a general description of the ar- ter, will review each application and rangements for disposition of all spe- will make a preliminary determination cies harvested under the experimental whether the application contains all fishing permit. the information necessary to deter- (4) Technical details about the exper- mine if the proposal constitutes a valid iment, including: fishing experiment appropriate for fur- (i) Amounts of each species to be har- ther consideration. If the Regional Ad- vested that are necessary to conduct ministrator finds any application does the experiment, and arrangement for not warrant further consideration, the disposition of all species taken. applicant will be notified in writing of (ii) Area and timing of the experi- the reasons for the decision. ment. (2) If the Regional Administrator de- (iii) Vessel and gear to be used. termines any application is complete (iv) Experimental design (e.g., sam- and warrants further consideration, he pling procedures, the data and samples to be collected, and analysis of the or she will initiate consultation with data and samples). the Council by forwarding the applica- (v) Provision for public release of all tion to the Council. The Council’s Ex- obtained information, and submission ecutive Director shall notify the appli- of interim and final reports. cant of a meeting at which the Council (5) The willingness of the applicant will consider the application and invite to carry observers, if required by the the applicant to appear in support of Regional Administrator, and a descrip- the application, if the applicant de- tion of accommodations and work sires. If the Regional Administrator space for the observer(s). initiates consultation with the Coun- (6) Details for all coordinating par- cil, NMFS will publish notification of ties engaged in the experiment and sig- receipt of the application in the FED- natures of all representatives of all ERAL REGISTER with a brief description principal parties. of the proposal. (7) Information about each vessel to (d) Notifying the applicant. (1) The de- be covered by the experimental fishing cision of the Regional Administrator, permit, including: after consulting with the Council, to (i) Vessel name. grant or deny an experimental fishing (ii) Name, address, and telephone permit is the final action of the agen- number of owner and master. cy. The Regional Administrator shall (iii) USCG documentation, state li- notify the applicant in writing of the cense, or registration number. decision to grant or deny the experi- (iv) Home port. mental fishing permit and, if denied, (v) Length of vessel. the reasons for the denial, including: (vi) Net tonnage. (i) The applicant has failed to dis- (vii) Gross tonnage. close material information required, or (8) The signature of the applicant. has made false statements as to any
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material fact, in connection with the ated under the experimental fishing application. permit. (ii) According to the best scientific (5) The condition that observers be information available, the harvest to carried aboard vessels operated under be conducted under the permit would an experimental fishing permit. detrimentally affect living marine re- (6) Reasonable data reporting re- sources, including marine mammals quirements. and birds, and their habitat in a sig- (7) Such other conditions as may be nificant way. necessary to assure compliance with (iii) Activities to be conducted under the purposes of the experimental fish- the experimental fishing permit would ing permit and consistency with the be inconsistent with the intent of this FMP objectives. section or the management objectives (8) Provisions for public release of of the FMP. data obtained under the experimental (iv) The applicant has failed to dem- fishing permit. onstrate a valid justification for the (f) Effectiveness. Unless otherwise permit. specified in the experimental fishing (v) The activity proposed under the permit or superseding notification or experimental fishing permit could cre- regulation, an experimental fishing ate a significant enforcement problem. permit is effective for no longer than 1 calendar year, but may be revoked, (vi) The applicant failed to make suspended, or modified during the cal- available to the public information endar year. Experimental fishing per- that had been obtained under a pre- mits may be renewed following the ap- viously issued experimental fishing plication procedures in paragraph (b) of permit. this section. (vii) The proposed activity had eco- nomic allocation as its sole purpose. §679.7 Prohibitions. (2) In the event a permit is denied on In addition to the general prohibi- the basis of incomplete information or tions specified in § 600.725 of this chap- design flaws, the applicant will be pro- ter, it is unlawful for any person to do vided an opportunity to resubmit the any of the following: application, unless a permit is denied (a) Groundfish of the GOA and BSAI— because experimental fishing would (1) Federal fisheries permit. Fish for detrimentally affect marine resources, groundfish with a vessel of the United be inconsistent with the management States that does not have on board a objectives of the FMP, create signifi- valid Federal fisheries permit issued cant enforcement problems, or have pursuant to § 679.4. economic allocation as its sole pur- (2) Inseason adjustment. Conduct any pose. fishing contrary to notification of (e) Terms and conditions. The Regional inseason adjustment issued under Administrator may attach terms and § 679.25. conditions to the experimental fishing (3) Groundfish Observer Program. Fish permit that are consistent with the for or process groundfish except in purpose of the experiment, including, compliance with the terms of the but not limited to: Groundfish Observer Program as pro- (1) The maximum amount of each vided by subpart E of this part. species that can be harvested and land- (4) Pollock roe. Retain pollock roe on ed during the term of the experimental board a vessel in violation of § 679.20(g). fishing permit, including trip limita- (5) Bycatch rate standard. Exceed a tions, where appropriate. bycatch rate standard specified for a (2) The number, sizes, names, and vessel under § 679.21(f). identification numbers of the vessels (6) Gear. Deploy any trawl, longline, authorized to conduct fishing activities single pot-and-line, or jig gear in an under the experimental fishing permit. area when directed fishing for, or re- (3) The time(s) and place(s) where ex- tention of, all groundfish by operators perimental fishing may be conducted. of vessels using that gear type is pro- (4) The type, size, and amount of gear hibited in that area, except that this that may be used by each vessel oper- paragraph (a)(6) shall not prohibit:
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(i) Deployment of hook-and-line gear groundfish product harvested or proc- by operators of vessels fishing for hali- essed by that vessel. but during seasons prescribed in the (12) Salmon donation program. Retain annual management measures pub- or possess salmon, except as permitted lished in the FEDERAL REGISTER pursu- to do so under the Salmon Donation ant to § 300.62 of chapter III of this Program as provided by § 679.26, or as title. authorized by other applicable law. (ii) Deployment of pot gear by opera- (13) Halibut. With respect to halibut tors of vessels fishing for crab during caught with hook-and-line gear de- seasons governed by the State of Alas- ployed from a vessel fishing for ground- ka. fish, except for vessels fishing for hali- (iii) Deployment of jig gear by opera- but as prescribed in the annual man- tors of vessels fishing for salmon dur- agement measures published in the ing seasons governed by the State of FEDERAL REGISTER pursuant to § 300.62 Alaska. of chapter III of this title: (7) Inshore/offshore (Applicable through (i) Fail to release the halibut out- December 31, 1998). board a vessel’s rails. (i) Operate any vessel in more than (ii) Release the halibut by any meth- one of the three categories included in od other than—(A) Cutting the the definition of ‘‘inshore component,’’ gangion. in § 679.2, during any fishing year. (B) Positioning the gaff on the hook (ii) Operate any vessel under both the and twisting the hook from the hali- ‘‘inshore component’’ and ‘‘offshore but. component’’ definitions in § 679.2 during (C) Straightening the hook by using the same fishing year. the gaff to catch the bend of the hook (8) Fishing in Donut Hole. Except as and bracing the gaff against the vessel authorized by permit issued pursuant or any gear attached to the vessel. to the section of the Donut Hole Con- (iii) Puncture the halibut with a gaff vention implementing legislation au- or other device. thorizing NMFS to issue Donut Hole (iv) Allow the halibut to contact the fishing permits (Public Law 104–43, sec- vessel, if such contact causes, or is ca- tion 104(d)), it is unlawful for any per- pable of causing, the halibut to be son to: stripped from the hook. (i) Fish in the Donut Hole from a ves- (14) Trawl performance standard. Use a sel for which a Federal fisheries permit vessel to participate in a directed fish- has been issued pursuant to § 679.4 dur- ery for pollock with trawl gear and ing the year for which the permit was have on board the vessel, at any par- issued. ticular time, 20 or more crab of any (ii) Possess within the EEZ fish har- species that have a width of more than vested from the Donut Hole on board a 1.5 inches (38 mm) at the widest dimen- vessel for which a Federal fisheries per- sion when directed fishing for pollock mit has been issued pursuant to § 679.4 with nonpelagic trawl gear is closed. during the year for which the permit (b) [Reserved] was issued. (c) Prohibitions specific to BSAI. (9) Authorized fishing gear. Retain (1) Incidental salmon. Discard any groundfish taken with other than au- salmon taken incidental to a directed thorized fishing gear as defined in fishery for BSAI groundfish by vessels § 679.2, except that groundfish inciden- using trawl gear until notified by an tally taken by pot gear by a vessel observer that the number of salmon while participating in an open crab sea- has been determined and the collection son governed by the State of Alaska of any scientific data or biological may be retained for use as unprocessed samples has been completed as pro- bait on board that vessel. vided in § 679.21(c)(1). (10) Recordkeeping and reporting. Fail (2) Prohibited species. Conduct any to comply with or fail to ensure com- fishing contrary to a notification is- pliance with requirements in § 679.5. sued under § 679.21. (11) Tender vessel. Use a catcher vessel (d) CDQ (Applicable through December or catcher/processor as a tender vessel 31, 1998). (1) Participate in a Western before offloading all groundfish or Alaska CDQ program in violation of
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subpart C of this part, submit informa- sel, unless the vessel has an observer tion that is false or inaccurate with a aboard under subpart E of this part and CDP application or request for an maintains the applicable daily fishing amendment, or exceed a CDQ as de- log prescribed in the annual manage- fined in § 679.2. ment measures published in the FED- (2) Operate a vessel that harvests pol- ERAL REGISTER pursuant to § 300.62 of lock for credit to a CDQ allocation chapter III of this title and § 679.5. when that allocation has been fully (5) Possess, buy, sell, or transport harvested. IFQ halibut or IFQ sablefish harvested (e) Moratorium on entry. (1) Submit or landed in violation of any provision false or inaccurate information on a of this part. moratorium permit application or ap- (6) Make an IFQ landing without an plication to transfer moratorium quali- IFQ card in the name of the individual fication. making the landing. (2) Alter, erase, or mutilate any mor- (7) Possess on a vessel or land IFQ sa- atorium permit. blefish concurrently with non-IFQ sa- (3) Catch and retain a moratorium blefish, except that CDQ sablefish may species with a vessel that has a LOA be possessed on a vessel and landed greater than the maximum LOA for the concurrently with IFQ sablefish. vessel. (8) Discard Pacific cod or rockfish (4) Catch and retain a moratorium that are taken when IFQ halibut or species with a vessel that has received IFQ sablefish are on board, unless Pa- an unauthorized transfer of morato- cific cod or rockfish are required to be rium qualification. discarded under § 679.20 or unless, in (5) Catch and retain moratorium crab waters within the State of Alaska, Pa- species or conduct directed fishing for cific cod or rockfish are required to be any moratorium groundfish species discarded by laws of the State of Alas- with a vessel that has not been issued ka. a valid moratorium permit, unless the (9) Harvest on any vessel more IFQ vessel is lawfully conducting directed halibut or IFQ sablefish than are au- fishing for sablefish under subparts C thorized under § 679.42. and D of this part. (10) Make an IFQ landing other than (6) Catch and retain moratorium crab directly to (or by) a registered buyer. species or conduct directed fishing for (11) Discard halibut or sablefish any moratorium groundfish species caught with fixed gear from any catch- with a vessel that does not have a valid er vessel when any IFQ card holder moratorium permit on board, unless aboard holds unused halibut or sable- the vessel is lawfully conducting di- fish IFQ for that vessel category and rected fishing for sablefish under sub- the IFQ regulatory area in which the parts C and D of this part. vessel is operating, unless: (f) IFQ fisheries. (1) Fail to submit, or (i) Discard of halibut is required as submit inaccurate information on, any prescribed in the annual management report, application, or statement re- measures published in the FEDERAL quired under this part. REGISTER pursuant to § 300.62 of chapter (2) Intentionally submit false infor- III of this title; mation on any report, application, or (ii) Discard of sablefish is required statement required under this part. under § 679.20 or, in waters within the (3) Retain halibut or sablefish caught State of Alaska, discard of sablefish is with fixed gear without a valid IFQ required under laws of the State of permit and without an IFQ card in the Alaska; or name of an individual aboard. (iii) Discard of halibut or sablefish is (4) Except as provided in § 679.5(l)(3), required under other provisions. retain IFQ halibut or IFQ sablefish on (12) Make an IFQ landing without a vessel in excess of the total amount prior notice of landing and before 6 of unharvested IFQ, applicable to the hours after such notice, except as pro- vessel category and IFQ regulatory vided in § 679.5. area in which the vessel is deploying (13) Possess processed and unproc- fixed gear, and that is currently held essed IFQ species on board a vessel dur- by all IFQ card holders aboard the ves- ing the same trip except when fishing
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exclusively with IFQ derived from ves- (h) Scallop fishery off Alaska. It is un- sel category A QS; lawful for any person to violate any (14) Violate any other provision provision of subpart F of this part under subpart D of this part. while fishing for scallops in the Fed- (15) Process fish on board a vessel on eral waters off Alaska. which a person aboard has unused IFQ (i) High Seas Salmon Fisheries. (1) Fish derived from QS issued to vessel cat- for, take, or retain any salmon in vio- egories B, C, or D, except as provided in lation of the North Pacific Fisheries § 679.42(k) of this part; Act of 1954, 16 U.S.C. 1021–1035 or this part. (g) Groundfish Observer Program. (1) (2) Engage in fishing for salmon in Forcibly assault, resist, oppose, im- the High Seas Salmon Management pede, intimidate, or interfere with an Area except to the extent authorized observer. by § 679.4(h). (2) Interfere with or bias the sam- pling procedure employed by an ob- [61 FR 31230, June 19, 1996, as amended at 61 server, including physical, mechanical, FR 33385, June 27, 1996; 61 FR 35578 July 5, or other sorting or discarding of catch 1996; 61 FR 38104, July 23, 1996; 61 FR 38359, July 24, 1996; 61 FR 41525, Aug. 9, 1996; 61 FR before sampling. 56431, Nov. 1, 1996; 61 FR 65987, Dec. 16, 1996; (3) Tamper with, destroy, or discard 62 FR 2046, Jan. 15, 1997; 62 FR 19690, Apr. 23, an observer’s collected samples, equip- 1997] ment, records, photographic film, pa- pers, or personal effects without the § 679.8 Facilitation of enforcement. express consent of the observer. See § 600.740 of this chapter. (4) Prohibit or bar by command, im- pediment, threat, coercion, or by re- § 679.9 Penalties. fusal of reasonable assistance, an ob- See § 600.735 of this chapter. server from collecting samples, con- ducting product recovery rate deter- Subpart B—Management minations, making observations, or Measures otherwise performing the observer’s duties. § 679.20 General limitations. (5) Harass an observer by conduct This section applies to vessels en- that has sexual connotations, has the gaged in directed fishing for groundfish purpose or effect of interfering with in the GOA and BSAI. the observer’s work performance, or (a) Harvest limits—(1) OY. The OY for otherwise creates an intimidating, hos- BSAI and GOA target species and the tile, or offensive environment. In de- ‘‘other species’’ category is a range termining whether conduct constitutes that can be harvested consistently harassment, the totality of the cir- with this part, plus the amounts of cumstances, including the nature of ‘‘nonspecified species’’ taken inciden- the conduct and the context in which it tally to the harvest of target species occurred, will be considered. The deter- and the ‘‘other species’’ category. The mination of the legality of a particular species categories are defined in Table action will be made from the facts on a 1 of the specifications as provided in case-by-case basis. paragraph (c) of this section. (6) Fish for or process fish without (i) BSAI. The OY for groundfish in observer coverage required under sub- the BSAI regulated by this section and part E of this part. by part 600 of this chapter is 1.4 to 2.0 (7) Require, pressure, coerce, or million mt. threaten an observer to perform duties (ii) GOA. The OY for groundfish in normally performed by crew members, the GOA regulated by this section and including, but not limited to, cooking, by part 600 of this chapter is 116,000 to washing dishes, standing watch, vessel 800,000 mt. maintenance, assisting with the set- (2) TAC. NMFS, after consultation ting or retrieval of gear, or any duties with the Council, will specify and ap- associated with the processing of fish, portion the annual TAC and reserves from sorting the catch to the storage for each calendar year among the GOA of the finished product. and BSAI target species and the ‘‘other
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species’’ categories. TACs in the target using hook-and-line gear will be allo- species category may be split or com- cated 80 percent of the sablefish TAC in bined for purposes of establishing new each of the Central and Western areas. TACs with apportionments thereof (B) Trawl gear. Vessels using trawl under paragraph (c) of this section. The gear will be allocated 20 percent of the sum of the TACs so specified must be sablefish TAC in these areas. within the OY range specified in para- (iii) Bering Sea subarea—(A) Hook- graph (a)(1) of this section. and-line or pot gear. Vessels in the Ber- (3) Annual TAC determination. The an- ing Sea subarea using hook-and-line or nual determinations of TAC for each pot gear will be allocated 50 percent of target species and the ‘‘other species’’ each TAC for sablefish. category, and the reapportionment of (B) Trawl gear. Vessels in the Bering reserves may be adjusted, based upon a Sea subarea using trawl gear will be al- review of the following: located 50 percent of each TAC for sa- (i) Biological condition of groundfish blefish. stocks. Resource assessment documents (iv) Aleutian Islands subarea—(A) prepared annually for the Council that Hook-and-line or pot gear. Vessels in the provide information on historical catch Aleutian Islands subarea using hook- trend; updated estimates of the MSY of and-line or pot gear will be allocated 75 the groundfish complex and its compo- percent of each TAC for sablefish. nent species groups; assessments of the (B) Trawl gear. Vessels in the Aleu- stock condition of each target species tian Islands subarea using trawl gear and the ‘‘other species’’ category; as- will be allocated 25 percent of each sessments of the multispecies and eco- TAC for sablefish. system impacts of harvesting the (5) Pollock TAC—(i) BSAI—(A) Sea- groundfish complex at current levels, sonal allowances. The TAC of pollock in given the assessed condition of stocks, each subarea or district of the BSAI including consideration of rebuilding will be divided, after subtraction of re- depressed stocks; and alternative har- serves, into two allowances. The first vesting strategies and related effects allowance will be available for directed on the component species group. fishing from 0001 hours Alaska local (ii) Socioeconomic considerations. So- time (A.l.t.) January 1 through 1200 cioeconomic considerations that are hours, A.l.t. , April 15. The second al- consistent with the goals of the fishery lowance will be available for directed management plans for the groundfish fishing from 1200 hours, A.l.t., Septem- fisheries of the BSAI and the GOA, in- ber 1 through 1200 hours A.l.t., Novem- cluding the need to promote efficiency ber 1, of each fishing year. Within any in the utilization of fishery resources, fishing year, unharvested amounts of including minimizing costs; the need to the first allowance will be added to the manage for the optimum marketable second allowance, and harvests in ex- size of a species; the impact of ground- cess of the first allowance will be de- fish harvests on prohibited species and ducted from the second allowance. the domestic target fisheries that uti- (B) Apportionment to vessels using non- lize these species; the desire to enhance pelagic trawl gear— (1) General. NMFS, depleted stocks; the seasonal access to in consultation with the Council, may the groundfish fishery by domestic limit the amount of pollock TAC that fishing vessels; the commercial impor- may be taken in the directed fishery tance of a fishery to local commu- for pollock using nonpelagic trawl nities; the importance of a fishery to gear. subsistence users; and the need to pro- (2) Factors to be considered. The Re- mote utilization of certain species. gional Administrator must consider (4) Sablefish TAC—(i) GOA Eastern the following information when limit- Area. Vessels in the Eastern Area of ing the amount of pollock TAC that is the GOA using trawl gear will be allo- apportioned to the directed fishery for cated 5 percent of the sablefish TAC for pollock using nonpelagic trawl gear: bycatch in other trawl fisheries. (i) The PSC limits and PSC bycatch (ii) GOA Central and Western Areas— allowances established under § 679.21. (A) Hook-and-line gear. Vessels in the (ii) The projected bycatch of prohib- Central and Western Areas of the GOA ited species that would occur with and
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without a limit in the amount of pol- scribed in paragraph (a)(5)(ii) of this lock TAC that may be taken in the di- section will be allocated entirely to rected fishery for pollock using non- vessels catching pollock for processing pelagic trawl gear. by the inshore component after sub- (iii) The cost of a limit in terms of traction of an amount that is projected amounts of pollock TAC that may be by the Regional Administrator to be taken with nonpelagic trawl gear on caught by, or delivered to, the offshore the nonpelagic and pelagic trawl fish- component incidental to directed fish- eries. ing for other groundfish species. (iv) Other factors pertaining to con- (iii) GOA Pacific cod. The apportion- sistency with the goals and objectives ment of Pacific cod in all GOA regu- of the FMP. latory areas will be allocated 90 per- (3) Notification. NMFS will publish cent to vessels catching Pacific cod for proposed and final apportionment of processing by the inshore component pollock TAC to the directed fishery for and 10 percent to vessels catching Pa- pollock using nonpelagic trawl gear in cific cod for processing by the offshore the FEDERAL REGISTER with notifica- component. tion of proposed and final specifica- (iv) Directed fishing allowances and tions defined in § 679.20. prohibitions. The Regional Adminis- (ii) GOA—(A) Apportionment by area. trator may establish separate directed The TAC for pollock in the combined fishing allowances and prohibitions au- GOA Western and Central Regulatory thorized under paragraph (d) of this Areas will be apportioned among sta- section for: tistical areas 610, 620, and 630 in propor- (A) BSAI pollock. Vessels catching tion to the distribution of the pollock pollock in the BSAI for processing by biomass as determined by the most re- the inshore component and for vessels cent NMFS surveys. catching pollock for processing by the (B) Seasonal allowances. Each appor- offshore component. tionment will be divided into three sea- (B) GOA pollock. Vessels catching pol- sonal allowances of 25 percent, 25 per- lock in the GOA for processing by the cent, and 50 percent of the apportion- inshore component and for vessels ment, respectively, corresponding to catching pollock for processing by the the three fishing seasons defined at offshore component. § 679.23(d)(2). (C) GOA Pacific cod. Vessels catching (1) Within any fishing year, any Pacific cod in the GOA for processing unharvested amount of any seasonal by the inshore component and for ves- allowance will be added proportion- sels catching Pacific cod for processing ately to all subsequent seasonal allow- by the offshore component. ances, resulting in a sum for each al- (v) Reallocation—(A) BSAI pollock. If, lowance not to exceed 150 percent of during a fishing year, the Regional Ad- the initial seasonal allowance. ministrator determines that either the (2) Within any fishing year, harvests inshore or offshore component will not in excess of a seasonal allowance will be able to process the entire amount of be deducted proportionately from all pollock in the BSAI allocated to ves- subsequent seasonal allowances. sels catching pollock for processing by (6) Inshore/offshore apportionments that component, NMFS will publish no- (Applicable through December 31, 1998)— tification in the FEDERAL REGISTER (i) BSAI pollock. The apportionment of that reallocates the projected unused pollock in each BSAI subarea or dis- amount of pollock to vessels catching trict, and for each seasonal allowance pollock for processing by the other defined in paragraph (a)(5)(i) of this component. section, will be allocated 35 percent to (B) GOA pollock. If the Regional Ad- vessels catching pollock for processing ministrator determines that the by the inshore component and 65 per- inshore component will not be able to cent to vessels catching pollock for process the entire amount of pollock in processing by the offshore component. the GOA allocated to vessels catching (ii) GOA pollock. The apportionment pollock for processing by the inshore of pollock in all GOA regulatory areas component during a fishing year, and for each seasonal allowance de- NMFS will publish notification in the
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FEDERAL REGISTER that reallocates the paragraphs (a)(7)(i) or (a)(7)(iii) of this projected unused amount of pollock to section, NMFS may reallocate the pro- vessels catching pollock for processing jected unused amount of Pacific cod to by the offshore component. vessels harvesting Pacific cod using the (C) GOA Pacific cod. If, during a fish- other gear type(s) through notification ing year, the Regional Administrator in the FEDERAL REGISTER. determines that either the inshore or (iii) Reallocation of TAC specified for offshore component will not be able to jig gear. On September 15 of each year, process the entire amount of Pacific the Regional Administrator will reallo- cod in the GOA allocated to vessels cate any projected unused amount of catching Pacific cod for processing by Pacific cod in the BSAI allocated to that component, NMFS will publish no- vessels using jig gear to vessels using tification in the FEDERAL REGISTER hook-and-line or pot gear through noti- that reallocates the projected unused fication in the FEDERAL REGISTER. amount of Pacific cod to vessels catch- (iv) Seasonal allowances—(A) Time pe- ing Pacific cod for processing by the riods. NMFS, after consultation with other component. the Council, may divide the TAC allo- (7) Pacific cod TAC, BSAI—(i) TAC by cated to vessels using hook-and-line or gear. (A) The BSAI TAC of Pacific cod, pot gear under paragraph (a)(7)(i) of after subtraction of reserves, will be al- this section among the following three located 2 percent to vessels using jig periods: January 1 through April 30, gear, 51 percent to vessels using hook- May 1 through August 31, and Septem- and-line or pot gear, and 47 percent to ber 1 through December 31. vessels using trawl gear. (B) Factors to be considered. NMFS (B) The portion of Pacific cod TAC will base any seasonal allowance of the allocated to trawl gear under para- Pacific cod allocation to vessels using graph (a)(7)(i)(A) of this section will be hook-and-line and pot gear on the fol- further allocated 50 percent to catcher lowing information: vessels and 50 percent to catcher/proc- ( ) Seasonal distribution of Pacific essors as defined for the purposes of 1 cod relative to prohibited species dis- recordkeeping and reporting at § 679.2. tribution. (C) The Regional Administrator may establish separate directed fishing al- (2) Variations in prohibited species lowances and prohibitions authorized bycatch rates in the Pacific cod fish- under paragraph (d) of this section for eries throughout the fishing year. vessels harvesting Pacific cod using jig (3) Economic effects of any seasonal gear, hook-and-line or pot gear, or allowance of Pacific cod on the hook- trawl gear. and-line and pot-gear fisheries. (ii) Unused gear allocations—(A) Re- (C) Unused seasonal allowances. Any allocation within the trawl sector. If, dur- unused portion of a seasonal allowance ing a fishing year, the Regional Admin- of Pacific cod allocated to vessels using istrator determines that either trawl hook-and-line or pot gear will be re- catcher vessels or trawl catcher/proc- allocated to the remaining seasons dur- essors will not be able to harvest the ing the current fishing year in a man- entire amount of Pacific cod in the ner determined by NMFS, after con- BSAI allocated to those vessels under sultation with the Council. paragraph (a)(7)(i) or (a)(7)(ii)(B) of this (8) All other groundfish TAC. The ini- section, NMFS will first make the pro- tial TAC for each target species and jected unused amount of Pacific cod the ‘‘other species’’ category will be 85 available to the other trawl vessel sec- percent of the TAC as provided under tor before any reallocation to vessels paragraph (b) of this section. using other gear types. (b) Reserves—(1) BSAI—(i) General. (B) Reallocation between gear types. If, Fifteen percent of the BSAI TAC for during a fishing year, the Regional Ad- each target species and the ‘‘other spe- ministrator determines that vessels cies’’ category, except the hook-and- using trawl gear or hook-and-line or line and pot gear allocation for sable- pot gear will not be able to harvest the fish, is automatically placed in a re- entire amount of Pacific cod in the serve, and the remaining 85 percent of BSAI allocated to those vessels under the TAC is apportioned for each target
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species and the ‘‘other species’’ cat- Pacific cod as provided by this para- egory, except the hook-and-line and graph (b) must be apportioned between pot gear allocation for sablefish. inshore and offshore components in the (ii) Nonspecified reserve. The reserve is same proportion specified in paragraph not designated by species or species (a)(6)(iii) of this section. group, and any amount of the reserve (3) Apportionment of reserves. (i) Notifi- may be apportioned to a target species, cation. (A) As soon as practicable after except the hook-and-line gear and pot April 1, June 1, and August 1, and on gear allocation for sablefish, or the such other dates as NMFS determines ‘‘other species’’ category, provided that appropriate, NMFS will, by notifica- such apportionments are consistent tion in the FEDERAL REGISTER, appor- with paragraph (a)(3) of this section tion all or part of the BSAI or GOA re- and do not result in overfishing of a serve in accordance with this para- target species or the ‘‘other species’’ graph (b). category. (B) No apportionment, retention, or (iii) Inshore/offshore reapportionment PSC limit adjustment may take effect (Applicable through December 31, 1998). until notification has been published in Any amounts of the BSAI nonspecific the FEDERAL REGISTER with a state- reserve that are reapportioned to pol- ment of the findings upon which the lock as provided by this paragraph (b) apportionment, retention, or adjust- must be apportioned between inshore ment is based. and offshore components in the same (ii) Apportionment—(A) General. Ex- proportion specified in paragraph cept as provided in paragraph (a)(6)(i) of this section. (b)(3)(ii)(B) of this section, NMFS will (iv) Pacific cod (Applicable through De- apportion the amount of BSAI or GOA cember 31, 1996). Any amounts of the reserve that will be harvested by U.S. BSAI nonspecific reserve that are ap- vessels during the remainder of the portioned to Pacific cod as provided by year. this paragraph (b) must be apportioned between vessels using jig, hook-and- (B) Exception. Part or all of the BSAI line or pot, and trawl gear in the same or GOA reserve may be withheld if an proportion specified in paragraph apportionment would adversely affect (a)(7)(i) of this section, unless the Re- the conservation of groundfish re- gional Administrator determines under sources or prohibited species. paragraph (a)(7) (ii) or (iii) of this sec- (iii) Public comment—(A) Prior com- tion that vessels using a certain gear ment. NMFS will provide all interested type will not be able to harvest the ad- persons an opportunity to comment on ditional amount of Pacific cod. In this the proposed apportionments, reten- case, the nonspecific reserve will be ap- tions, or PSC limit adjustments under portioned to vessels using the other this paragraph (b) before such appor- gear type(s). tionments, retentions, or adjustments (2) GOA. Initial reserves are estab- are made, unless NMFS finds that lished for pollock, Pacific cod, flatfish, there is good cause for not providing a and ‘‘other species,’’ which are equal to prior comment opportunity, and pub- 20 percent of the TACs for these species lishes the reasons therefor in the noti- or species groups. fication of apportionment, retention, (i) Pollock inshore/offshore reapportion- or adjustment. ment (Applicable through December 31, (B) Submittal dates. Comments pro- 1998). Any amounts of the GOA reserve vided for in this paragraph (b)(3)(iii) that are reapportioned to pollock as must be received by NMFS not later provided by this paragraph (b) must be than 5 days before April 1, June 1, and apportioned between inshore and off- August 1, or other dates that may be shore components in the same propor- specified. tion specified in paragraph (a)(6)(ii) of (C) Subsequent comment. If NMFS de- this section. termines for good cause that notifica- (ii) Pacific cod inshore/offshore re- tion of apportionment, retention or apportionment (Applicable through De- PSC limit adjustment must be issued cember 31, 1998). Any amounts of the without providing interested persons a GOA reserve that are reapportioned to prior opportunity for public comment,
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comments on the apportionment, re- pollock TAC, and reserve amounts es- tention or adjustment will be received tablished under § 679.31(a) and (c) for for a period of 15 days after its effective pollock CDQ and sablefish CDQ. date. (2) Interim specifications. Interim har- (D) Response to comments. NMFS will vest specifications will be in effect on consider all timely comments in decid- January 1 and will remain in effect ing whether to make a proposed appor- until superseded by the filing of the tionment, retention, or PSC limit ad- final specifications by the Office of the justment or to modify an apportion- Federal Register. Interim specifica- ment, retention, or adjustment that tions will be established as follows: previously has been made, and shall (i) GOA. One-fourth of each proposed publish responses to those comments in TAC and apportionment thereof (not the FEDERAL REGISTER as soon as prac- including the reserves or the first sea- ticable. sonal allowance of pollock), one-fourth (E) Data available. The Regional Ad- of the proposed halibut prohibited spe- ministrator will make available to the cies catch amounts, and the proposed public during business hours the aggre- first seasonal allowance of pollock. gate data upon which any preliminary (ii) BSAI. Except for the hook-and- TAC or PSC limit figure is based or the line and pot gear allocation of sable- data upon which any apportionment or fish, one-fourth of each proposed initial retention of surplus or reserve, or PSC TAC and apportionment thereof (not limit adjustment was or is proposed to including the first seasonal allowance be based. These data will be available of pollock), one-fourth of the proposed for a sufficient period to facilitate in- prohibited species catch allowance es- formed comment by interested persons. tablished under § 679.21, and the pro- (c) Annual specifications—(1) Proposed posed first seasonal allowance of pol- specifications— lock. (i) General—(A) Notification. As soon (3) Final specifications—(i) Notification. as practicable after consultation with NMFS will consider comments on the the Council, NMFS will publish pro- proposed specifications received during posed specifications for the succeeding the comment period and, after con- fishing year. The proposed specifica- sultation with the Council, will publish tions will reflect as accurately as pos- final specifications in the FEDERAL sible the projected changes in U.S. har- REGISTER. The final specifications will vesting and processing capacity and supersede the interim specifications. the extent to which U.S. harvesting (ii) GOA. The final specifications will and processing will occur during the specify the annual TAC for each target coming year. species and the ‘‘other species’’ cat- (B) Public comment. NMFS will accept egory and apportionments thereof, hal- public comment on the proposed speci- ibut prohibited species catch amounts, fications for 30 days from the date of and seasonal allowances of pollock. publication in the FEDERAL REGISTER. (iii) BSAI. The final specifications (ii) GOA. The GOA proposed speci- will specify the annual TAC for each fications will specify annual TAC target species and the ‘‘other species’’ amounts for each target species and category and apportionments thereof, the ‘‘other species’’ category and ap- prohibited species catch allowances, portionments thereof established under seasonal allowances of the pollock § 679.20(a)(2), halibut prohibited species TAC, and the sablefish CDQ reserve catch amounts established under amount established under § 679.31(c). § 679.21, seasonal allowances of pollock, (4) Inshore/offshore allocations (Appli- and inshore/offshore Pacific cod. cable through December 31, 1998). The (iii) BSAI. The BSAI proposed speci- proposed, interim, and final specifica- fications will specify the annual TAC tions will specify the allocation of GOA and initial TAC amounts for each tar- Pacific cod, GOA pollock, and BSAI get species and the ‘‘other species’’ cat- pollock for processing by the inshore egory and apportionments thereof es- and offshore components, and any sea- tablished under § 679.20(a)(2), prohibited sonal allowances thereof, as authorized species catch allowances established under paragraphs (a)(5) and (a)(7) of under § 679.21, seasonal allowances of this section.
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(5) BSAI Pacific cod gear allocations determines that the TAC of any target (Applicable through December 31, 1996). species or the ‘‘other species’’ category The proposed, interim, and final speci- specified under paragraph (c) of this fications will specify the allocation of section, or the share of any TAC as- BSAI Pacific cod among gear types as signed to any type of gear, has been or authorized under paragraph (a)(7) of will be achieved prior to the end of a this section. year, NMFS will publish notification in (d) Fishery closures—(1) Directed fish- the FEDERAL REGISTER requiring that ing allowance—(i) General. If the Re- target species or the ‘‘other species’’ be gional Administrator determines that treated in the same manner as a pro- any allocation or apportionment of a hibited species, as described under target species or ‘‘other species’’ cat- § 679.21(b), for the remainder of the egory specified under paragraph (c) of year. this section has been or will be (3) Overfishing closure—(i) Notification. reached, the Regional Administrator If, in making a determination under may establish a directed fishing allow- paragraph (d)(2) of this section, the Re- ance for that species or species group. gional Administrator also determines (ii) Specified fishery amounts—(A) that fishing for other target species or Inseason adjustments. The category allo- species groups in the area, district or cations or apportionments established part thereof where the notification ap- under paragraph (c) of this section may plies, may lead to the overfishing of be revised by inseason adjustments for the species or species group for which a given species or species group or pol- the allocation or apportionment has lock allowance, as identified by regu- been or will be reached, NMFS will latory area, subarea, or district, and, if publish notification in the FEDERAL applicable, as further identified by gear REGISTER specifying limitations or pro- type. hibitions designed to prevent overfish- (B) Incidental catch. In establishing a ing of that species or species group. directed fishing allowance, the Re- (ii) Limitations and prohibitions. These gional Administrator shall consider the limitations and prohibitions may pro- amount of the allocation or apportion- hibit directed fishing for other species ment established under paragraph (c) or species groups in the area, district, of this section that will be taken as in- or part thereof where the notification cidental catch in directed fishing for applies, or may limit time, area, or other species in the same subarea, reg- gear types that may be used in directed ulatory area, or district. fishing for the other species or species (iii) Directed fishing closure—(A) Noti- groups. fication. If the Regional Administrator (iii) Factors to be considered. When establishes a directed fishing allowance making the determinations specified for a fishery allocation or apportion- under paragraphs (d)(1), (d)(2), and ment under this paragraph (d), and (d)(3) of this section, the Regional Ad- that allowance has been or will be ministrator may consider allowing reached before the end of the fishing fishing to continue or resume with cer- season or year, NMFS will publish no- tain gear types or in certain areas and tification in the FEDERAL REGISTER times based on findings of: prohibiting directed fishing in the (A) The risk of biological harm to a specified subarea, regulatory area, or groundfish species or species group for district. which the TAC or PSC limit is or will (B) Retention of bycatch species. If di- be reached. rected fishing for a target species or (B) The risk of socioeconomic harm the ‘‘other species’’ category is prohib- to authorized users of the groundfish ited, a vessel may not retain that for which the TAC or PSC limit will be bycatch species in an amount that ex- or has been reached. ceeds the maximum retainable bycatch (C) The impact that the continued amount, as calculated under para- closure might have on the socio- graphs (e) and (f) of this section, at any economic well-being of other domestic time during a fishing trip. fisheries. (2) Groundfish as prohibited species clo- (e) Maximum retainable bycatch sure. When the Regional Administrator amounts—(1) Proportion of basis species.
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The maximum retainable bycatch (g) Allowable retention of pollock roe— amount for a bycatch species or species (1) Percentage of pollock roe. (i) Pollock group is calculated as a proportion of roe retained on board a vessel at any the basis species retained on board the time during a fishing trip must not ex- vessel using the retainable percentages ceed 7 percent of the total round- in Table 10 to this part for the GOA weight equivalent of pollock, as cal- species categories and in Table 11 to culated from the primary pollock prod- this part for the BSAI species cat- uct on board the vessel during the egories. same fishing trip. (2) Calculation. (i) To calculate the (ii) Determinations of allowable re- maximum retainable bycatch amount tention of pollock roe will be based on for a specific bycatch species, an indi- amounts of pollock harvested, re- vidual retainable bycatch amount must ceived, or processed during a single be calculated with respect to each basis fishing trip. species that is retained on board that (iii) Pollock or pollock products from vessel. previous fishing trips that are retained (ii) To obtain these individual on board a vessel may not be used to retainable bycatch amounts, multiply determine the allowable retention of the appropriate retainable percentage pollock roe for that vessel. for the bycatch species/basis species (2) Primary product. (i) For purposes combination, set forth in Table 10 to of this paragraph (g), only one primary this part for the GOA species cat- pollock product per fish, other than egories and Table 11 to this part for the roe, may be used to calculate the BSAI species categories, by the amount of that basis species, in round-weight round-weight equivalent. equivalents. (ii) A primary pollock product that (iii) The maximum retainable contains roe (such as headed and gut- bycatch amount for that specific ted pollock with roe) may not be used bycatch species is the sum of the indi- to calculate the round-weight equiva- vidual retainable bycatch amounts. lent of pollock. (f) Directed fishing calculations and de- (iii) The primary pollock product terminations—(1) Round-weight equiva- must be distinguished from ancillary lents. Any determination concerning di- pollock products in the DCPL required rected fishing, the amount or percent- under § 679.5. Ancillary products are age of any species, species group, or those such as meal, heads, internal or- any fish or fish products must be cal- gans, pectoral girdles, or any other culated in round-weight equivalents. product that may be made from the (2) Retainable amounts. Except as pro- same fish as the primary product. vided in Table 10 to this part, (3) Pollock product recovery rates arrowtooth flounder, or any groundfish (PRRs). Only the following product species for which directed fishing is types and standard PRRs may be used closed, may not be used to calculate to calculate round-weight equivalents retainable amounts of other groundfish for pollock for purposes of this para- species. graph (g):
Standard Product code Product description product re- covery rate
07 ...... Headed and gutted, western cut ...... 0.65 08 ...... Headed and gutted, eastern cut ...... 0.56 10 ...... Headed and gutted, without tail ...... 0.50 20 ...... Fillets with skin & ribs ...... 0.35 21 ...... Fillets with skin on, no ribs ...... 0.30 22 ...... Fillets with ribs, no skin ...... 0.30 23 ...... Fillets, skinless, boneless ...... 0.21 24 ...... Deep skin fillets ...... 0.16 30 ...... Surimi ...... 0.16 31 ...... Mince ...... 0.22 32 ...... Meal ...... 0.17
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(4) Calculation of retainable pollock (i) Adjustments to any standard PRR roe—(i) Round-weight equivalent. (A) To listed in Table 3 of this part that are calculate the amount of pollock roe within and including 15 percent of that that can be retained on board during a standard PRR may be made without fishing trip, first calculate the round- providing notification and opportunity weight equivalent by dividing the total for prior public comment. amount of primary product on board by (ii) Adjustments of any standard the appropriate PRR. PRR during a calendar year, when ag- (B) To determine the maximum gregated with all other adjustments mount of pollock roe that can be re- made during that year, will not exceed tained on board a vessel during the 15 percent of the standard PRR listed same fishing trip, multiply the round- in Table 3 of this part at the beginning weight equivalent by 0.07. of that calendar year. (C) Pollock roe retained on board (iii) No new product type will be an- from previous fishing trips will not be nounced until NMFS publishes the pro- counted. posed adjustment and/or new product (ii) Two or more products from different type in the FEDERAL REGISTER and pro- fish. (A) If two or more products, other vides the public with at least 30 days than roe, are made from different fish, opportunity for public comment. round-weight equivalents are cal- (iv) Any adjustment of a PRR that culated separately for each product. acts to further restrict the fishery will (B) To determine the maximum not be effective until 30 days after the amount of pollock roe that can be re- date of publication in the FEDERAL tained on board a vessel during a fish- REGISTER. ing trip, add the round-weight equiva- (v) If NMFS makes any adjustment lents together; then, multiply the sum or announcement without providing a by 0.07. prior notification and opportunity for (iii) Two or more products from same prior public comment, the Regional fish. If two or more products, other Administrator will receive public com- than roe, are made from the same fish, ments on the adjustment or announce- the maximum amount of pollock roe ment for a period of 15 days from the that can be retained during a fishing date of publication in the FEDERAL trip is determined from the primary REGISTER. product. (5) Primary pollock product—(i) Process [61 FR 31230, June 19, 1996, as amended at 61 prior to transfer. Any primary pollock FR 39602, July 30, 1996; 61 FR 59030, Nov. 20, product used to calculate retainable 1996; 62 FR 2046, Jan. 15, 1997; 62 FR 11110, amounts of pollock roe must be frozen, Mar. 11, 1997; 62 FR 15127, Mar. 31, 1997] canned, or reduced to meal by the ves- sel retaining the pollock roe prior to § 679.21 Prohibited species bycatch management. any transfer of the product to another vessel. (a) Applicability. (1) This section ap- (ii) No discard of processed product. plies to all vessels required to have a Any pollock product that has been fro- Federal fisheries permit under § 679.4. zen, canned, or reduced to meal may (2) Except as otherwise provided, this not be discarded at sea. section also applies to all motherships (h) Standard product types and stand- and shoreside processors that receive ard PRRs—(1) Calculating round-weight groundfish from vessels required to equivalents from standard PRRs. Round- have a Federal fisheries permit under weight equivalents for groundfish prod- § 679.4. ucts are calculated using the product (b) General— (1) Definition. Prohibited codes and standard PRRs specified in species, for the purpose of this part, Table 3 of this part. means any of the species of Pacific (2) Adjustments. The Regional Admin- salmon (Oncorhynchus spp.), steelhead istrator may adjust standard PRRs and trout (Oncorhynchus mykiss), halibut, product types specified in Table 3 of Pacific herring (Clupea harengus this part if he or she determines that pallasi), king crab, and Tanner crab existing standard PRRs are inaccurate caught by a vessel regulated under this or if new product types are developed. part while fishing for groundfish in the
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BSAI or GOA, unless retention is au- physical access to the salmon to count thorized by other applicable laws, in- each fish and collect any scientific cluding the annual management meas- data or biological samples. Salmon ures published in the FEDERAL REG- from different hauls must be retained ISTER pursuant to § 300.62 of this title. separately in a manner that identifies (2) Prohibited species catch restrictions. the haul from which the salmon were The operator of each vessel engaged in taken. directed fishing for groundfish in the (ii) Operators of vessels not carrying GOA or BSAI must: observers aboard or whose fishing oper- (i) Minimize its catch of prohibited ations do not allow for sorting of BSAI species. groundfish catch for salmon must ice, (ii) Sort its catch as soon as possible freeze, or store in a refrigerated salt- after retrieval of the gear and, except water tank all salmon taken as as provided under paragraph (c) of this bycatch in trawl operations for deliv- section or § 679.26, must return all pro- ery to the processor receiving the ves- hibited species or parts thereof to the sel’s BSAI groundfish catch. sea immediately, with a minimum of (iii) Processors receiving BSAI injury, regardless of its condition, after groundfish harvested in a directed fish- allowing for sampling by an observer if ery for groundfish using trawl gear an observer is aboard. must retain all salmon delivered by (3) Rebuttable presumption. Except as each trawl vessel during a weekly re- provided under paragraph (c) of this porting period in separate bins marked section, it will be a rebuttable pre- with the vessel’s name and ADF&G fish sumption that any prohibited species ticket number(s) for each delivery retained on board a fishing vessel regu- until an observer has counted each lated under this part was caught and salmon and collected any scientific retained in violation of this section. data or biological samples from the (4) Prohibited species taken seaward of salmon delivered to the processor by the EEZ off Alaska. No vessel fishing for that vessel. Processors without an ob- groundfish in the GOA or BSAI may server present must store whole salm- have on board any species listed in this on in an iced or frozen state until an paragraph (b) that was taken in waters observer is available to count each fish. seaward of these management areas, Salmon must be stored at a location regardless of whether retention of such that allows an observer free and unob- species was authorized by other appli- structed physical access to each salm- cable laws. on. (c) Salmon taken in BSAI trawl fish- ery— (1) Salmon discard. Except as pro- (3) Exemption. Motherships and shore- vided in paragraph (c)(3) of this sec- side processors that are not required to tion, the operator of a vessel and the obtain observer coverage during a manager of a shoreside processor must month under § 679.50(c) and (d) are not not discard any salmon or transfer or required to retain salmon. process any salmon under the SDP at (4) Assignment of crew to assist ob- § 679.26, if the salmon were taken inci- server. Operators of vessels and man- dental to a directed fishery for BSAI agers of shoreside processors that are groundfish by vessels using trawl gear required to retain salmon under para- until the number of salmon has been graph (c)(1) of this section must des- determined by an observer and the col- ignate and identify to the observer lection of any scientific data or bio- aboard the vessel or at the shoreside logical samples from the salmon has processor a crew person or employee to been completed. be responsible for sorting, retention, (2) Salmon retention and storage. (i) and storage of salmon. Upon request of Operators of vessels carrying observers the observer, the designated crew per- aboard and whose fishing operations son or employee also is responsible for allow for sorting of BSAI groundfish counting salmon and taking biological catch for salmon must retain all salm- samples from retained salmon under on bycatch from each haul in a sepa- the direction of the observer. rate bin or other location that allows (5) Release of salmon. Salmon must be an observer free and unobstructed returned to Federal waters as soon as
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is practicable, with a minimum of in- ing fishery categories are specified and jury, regardless of condition, following defined in terms of round-weight notification by an observer that the equivalents of those GOA groundfish number of salmon has been determined species for which a TAC has been speci- and the collection of any scientific fied under § 679.20: data or biological samples has been (A) Shallow-water species fishery. Fish- completed. ing with trawl gear during any weekly (d) GOA halibut PSC limits. This sec- reporting period that results in a re- tion is applicable for vessels engaged in tained aggregate catch of pollock, Pa- directed fishing for groundfish in the cific cod, shallow-water flatfish, flat- GOA. head sole, Atka mackerel, and ‘‘other (1) Notification—(i) Proposed and final species’’ that is greater than the re- limits and apportionments. NMFS will tained aggregate amount of other GOA publish annually in the FEDERAL REG- groundfish species or species group. ISTER proposed and final halibut PSC (B) Deep-water species fishery. Fishing limits and apportionments thereof in with trawl gear during any weekly re- the notification required under § 679.20. porting period that results in a re- (ii) Modification of limits. NMFS, by tained catch of groundfish and is not a notification in the FEDERAL REGISTER, shallow-water species fishery as de- may change the halibut PSC limits fined under paragraph (d)(3)(iii)(A) of during the year for which they were this section. specified, based on new information of (4) Hook-and-line and pot gear fish- the types set forth in this paragraph eries—(i) Notification. After consulta- (d)(1). tion with the Council, NMFS will pub- (2) Public comment. NMFS will accept lish notification in the FEDERAL REG- public comment on the proposed hali- ISTER specifying the proposed and final but PSC limits, and apportionments halibut PSC limits for vessels using thereof, for a period of 30 days from the hook-and-line gear. The notification date of publication in the FEDERAL also may specify a halibut PSC limit REGISTER. NMFS will consider com- for the pot gear fisheries. ments received on proposed halibut (ii) Halibut bycatch allowance. The limits and, after consultation with the halibut PSC limit specified for vessels Council, will publish notification in using hook-and-line gear may be fur- the FEDERAL REGISTER specifying the ther apportioned, as bycatch allow- final halibut PSC limits and apportion- ances, to the fishery categories listed ments thereof. in paragraph (d)(4)(iii) of this section, (3) Trawl gear proposed halibut limit— based on each category’s proportional (i) Notification. After consultation with share of the anticipated halibut the Council, NMFS will publish notifi- bycatch mortality during a fishing cation in the FEDERAL REGISTER speci- year and the need to optimize the fying the proposed halibut PSC limit amount of total groundfish harvest for vessels using trawl gear. under the halibut PSC limit. The sum (ii) Bycatch allowance. The halibut of all bycatch allowances will equal the PSC limit specified for vessels using halibut PSC limit established under trawl gear may be further apportioned this paragraph (d). as bycatch allowances to the fishery (iii) Hook-and-line fishery categories. categories listed in paragraph (d)(3)(iii) For purposes of apportioning the hook- of this section, based on each and-line halibut PSC limit among fish- category’s proportional share of the eries, the following fishery categories anticipated halibut bycatch mortality are specified and defined in terms of during a fishing year and the need to round-weight equivalents of those GOA optimize the amount of total ground- groundfish species for which a TAC has fish harvest under the halibut PSC been specified under § 679.20. limit. The sum of all bycatch allow- (A) Demersal shelf rockfish in the ances will equal the halibut PSC limit Southeast Outside District. Fishing with established under this paragraph (d). hook-and-line gear in the Southeast (iii) Trawl fishery categories. For pur- Outside District of the GOA Eastern poses of apportioning the trawl halibut Regulatory Area (SEEO) during any PSC limit among fisheries, the follow- weekly reporting period that results in
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a retained catch of demersal shelf the amount by which the seasonal ap- rockfish that is greater than the re- portionment is exceeded will be de- tained amount of any other fishery cat- ducted from the respective apportion- egory defined under this paragraph ment for the next season during a cur- (d)(4)(iii). rent fishing year. (B) Sablefish fishery. Fishing with (6) Apportionment among regulatory hook-and-line gear during any weekly areas and districts. Each halibut PSC reporting period that results in a re- limit specified under this paragraph (d) tained catch of sablefish that is greater also may be apportioned among the than the retained amount of any other GOA regulatory areas and districts. fishery category defined under this (7) Halibut PSC closures—(i) Trawl gear paragraph (d)(4)(iii). fisheries. If, during the fishing year, the (C) Other hook-and-line fishery. Fish- Regional Administrator determines ing with hook-and-line gear during any that U.S. fishing vessels participating weekly reporting period that results in in either of the trawl fishery categories a retained catch of groundfish and is listed in paragraph (d)(3)(iii) (A) or (B) not a demersal shelf rockfish fishery or of this section will catch the halibut a sablefish fishery defined under para- bycatch allowance, or apportionments graphs (d)(4)(iii)(A) and (B) of this sec- thereof, specified for that fishery cat- tion. egory under paragraph (d)(1) of this (5) Seasonal apportionments—(i) Gen- section, NMFS will publish notifica- eral. NMFS, after consultation with the tion in the FEDERAL REGISTER closing Council, may apportion each halibut the entire GOA or the applicable regu- PSC limit or bycatch allowance speci- latory area or district to directed fish- fied under this paragraph (d) on a sea- ing with trawl gear for each species sonal basis. and/or species group that comprises (ii) Factors to be considered. NMFS that fishing category; provided, how- will base any seasonal apportionment ever, that when the halibut bycatch al- of a halibut PSC limit or bycatch al- lowance, or seasonal apportionment lowance on the following types of infor- thereof, specified for the shallow-water mation: species fishery is reached, fishing for (A) Seasonal distribution of halibut. pollock by vessels using pelagic trawl (B) Seasonal distribution of target gear may continue, consistent with groundfish species relative to halibut other provisions of this part. distribution. (ii) Hook-and-line fisheries. If, during (C) Expected halibut bycatch needs, the fishing year, the Regional Adminis- on a seasonal basis, relative to changes trator determines that U.S. fishing ves- in halibut biomass and expected sels participating in any of the three catches of target groundfish species. hook-and-line gear fishery categories (D) Expected variations in bycatch listed under paragraph (d)(4)(iii) of this rates throughout the fishing year. section will catch the halibut bycatch (E) Expected changes in directed allowance, or apportionments thereof, groundfish fishing seasons. specified for that fishery category (F) Expected start of fishing effort. under paragraph (d)(1) of this section, (G) Economic effects of establishing NMFS will publish notification in the seasonal halibut allocations on seg- FEDERAL REGISTER closing the entire ments of the target groundfish indus- GOA or the applicable regulatory area try. or district to directed fishing with (iii) Unused seasonal apportionments. hook-and-line gear for each species Unused seasonal apportionments of and/or species group that comprises halibut PSC limits specified for trawl, that fishing category. hook-and-line, or pot gear will be (iii) Pot gear fisheries. If, during the added to the respective seasonal appor- fishing year, the Regional Adminis- tionment for the next season during a trator determines that the catch of current fishing year. halibut by operators of vessels using (iv) Seasonal apportionment exceeded. pot gear to participate in a directed If a seasonal apportionment of a hali- fishery for groundfish will reach the but PSC limit specified for trawl, halibut PSC limit, or seasonal appor- hook-and-line, or pot gear is exceeded, tionment thereof, NMFS will publish
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notification in the FEDERAL REGISTER graphs (e)(1)(i)(A) through (C) of this prohibiting directed fishing for ground- section. fish by vessels using pot gear for the (A) When the number of mature fe- remainder of the season to which the male red king crab is at or below the halibut PSC limit or seasonal appor- threshold of 8.4 million mature crab or tionment applies. the effective spawning biomass is less (iv) Nonpelagic trawl gear fisheries— than or equal to 14.5 million lb (6,577 (A) Continued fishing under specified mt), the Zone 1 PSC limit will be 35,000 conditions. When the vessels to which a red king crab. halibut PSC limit applies have caught (B) When the number of mature fe- an amount of halibut equal to that male red king crab is above the thresh- PSC, the Regional Administrator may, old of 8.4 million mature crab and the by notification in the FEDERAL REG- effective spawning biomass is greater ISTER, allow some or all of those ves- than 14.5 but less than 55 million lb sels to continue to fish for groundfish (24,948 mt), the Zone 1 PSC limit will using nonpelagic trawl gear under spec- be 100,000 red king crab. ified conditions, subject to the other (C) When the number of mature fe- provisions of this part. male red king crab is above the thresh- (B) Factors to be considered. In author- old of 8.4 million mature crab and the izing and conditioning such continued effective spawning biomass is equal to fishing with bottom-trawl gear, the Re- or greater than 55 million lb, the Zone gional Administrator will take into ac- 1 PSC limit will be 200,000 red king count the following considerations, and crab. issue relevant findings: (ii) Tanner crab (C. bairdi). The PSC (1) The risk of biological harm to hal- limit of C. bairdi crabs caught by trawl ibut stocks and of socio-economic vessels while engaged in directed fish- harm to authorized halibut users posed ing for groundfish in Zones 1 and 2 dur- by continued bottom trawling by these ing any fishing year will be specified vessels. annually by NMFS under paragraph (2) The extent to which these vessels (e)(6) of this section, based on total have avoided incidental halibut abundance of C. bairdi crabs as indi- catches up to that point in the year. cated by the NMFS annual bottom (3) The confidence of the Regional trawl survey, using the criteria set out Administrator in the accuracy of the under paragraphs (e)(1)(ii)(A) and (B) of estimates of incidental halibut catches this section. by these vessels up to that point in the (A) Zone 1. When the total abundance year. of C. bairdi crabs is: (4) Whether observer coverage of (1) 150 million animals or less, the these vessels is sufficient to assure ad- PSC limit will be 0.5 percent of the herence to the prescribed conditions total abundance. and to alert the Regional Adminis- (2) Over 150 million to 270 million ani- trator to increases in their incidental mals, the PSC limit will be 750,000 ani- halibut catches. mals. (5) The enforcement record of owners (3) Over 270 million to 400 million ani- and operators of these vessels, and the mals, the PSC limit will be 850,000 ani- confidence of the Regional Adminis- mals. trator that adherence to the prescribed (4) Over 400 million animals, the PSC conditions can be assured in light of limit will be 1,000,000 animals. available enforcement resources. (B) Zone 2. When the total abundance (e) BSAI PSC limits—(1) Trawl gear— of C. bairdi crabs is: (i) Red king crab in Zone 1. The PSC (1) 175 million animals or less, the limit of red king crab caught by trawl PSC limit will be 1.2 percent of the vessels while engaged in directed fish- total abundance. ing for groundfish in Zone 1 during any (2) Over 175 million to 290 million ani- fishing year will be specified annually mals, the PSC limit will be 2,100,000 by NMFS, after consultation with the animals. Council, based on abundance and (3) Over 290 million to 400 million ani- spawning biomass of red king crab mals, the PSC limit will be 2,550,000 using the criteria set out under para- animals.
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(4) Over 400 million animals, the PSC Tanner crab, and halibut will be appor- limit will be 3,000,000 animals. tioned to the trawl fishery categories (iii) Halibut. The PSC limit of halibut defined in paragraphs (e)(3)(iv) (B) caught while conducting any trawl through (F) of this section. fishery for groundfish in the BSAI dur- (B) Red King Crab Savings Subarea ing any fishing year is an amount of (RKCSS). (1) The RKCSS is the portion halibut equivalent to 3,775 mt of hali- of the RKCSA between 56°00′ and 56°10′ but mortality. N. lat. Notwithstanding other provi- (iv) Pacific herring. The PSC limit of sions of this part, vessels using non-pe- Pacific herring caught while conduct- lagic trawl gear in the RKCSS may en- ing any domestic trawl fishery for gage in directed fishing for groundfish groundfish in the BSAI is 1 percent of in a given year, if the ADF&G had es- the annual eastern Bering Sea herring tablished a guideline harvest level the biomass. The PSC limit will be appor- previous year for the red king crab tioned into annual herring PSC allow- fishery in the Bristol Bay area. ances, by target fishery, and will be published along with the annual her- (2) When the RKCSS is open to ves- ring PSC limit in the FEDERAL REG- sels fishing for groundfish with non- ISTER with the proposed and final pelagic trawl gear under (e)(3)(ii)(B)(1) groundfish specifications defined in of this section, NMFS, after consulta- § 679.20. tion with the Council, will specify an (v) Chinook salmon. The PSC limit of amount of the red king crab bycatch chinook salmon caught while conduct- limit annually established under para- ing any trawl fishery for groundfish in graph(e)(1)(i) of this section for the the BSAI between January 1 and April RKCSS. The amount of the red king 15 is 48,000 fish. crab bycatch limit specified for the (vi) Non-chinook salmon. The PSC RKCSS will not exceed an amount limit of non-chinook salmon caught by equivalent to 35 percent of the trawl vessels using trawl gear during August bycatch allowance specified for the 15 through October 14 in the CVOA is rock sole/flathead sole/‘‘other flatfish’’ 42,000 fish. fishery category under this paragraph (2) Nontrawl gear, halibut. The PSC (e)(3) and will be based on the need to limit of halibut caught while conduct- optimize the groundfish harvest rel- ing any nontrawl fishery for groundfish ative to red king crab bycatch. in the BSAI during any fishing year is (C) Incidental catch in midwater pol- an amount of halibut equivalent to 900 lock fishery. Any amount of red king mt of halibut mortality. crab, C. bairdi Tanner crab, or halibut (3) PSC apportionment to trawl fish- that is incidentally taken in the eries—(i) General. NMFS, after con- midwater pollock fishery as defined in sultation with the Council, will appor- paragraph (e)(3)(iv)(A) of this section tion each PSC limit set forth in para- will be counted against the bycatch al- graphs (e)(1)(i) through (vii) of this sec- lowances specified for the pollock/Atka tion into bycatch allowances for fish- mackerel/‘‘other species’’ category de- ery categories defined in paragraph fined in paragraph (e)(3)(iv)(F) of this (e)(3)(iv) of this section, based on each category’s proportional share of the section. anticipated incidental catch during a (iii) Pacific herring. The PSC limit for fishing year of prohibited species for Pacific herring will be apportioned to which a PSC limit is specified and the the BSAI trawl fishery categories de- need to optimize the amount of total fined in paragraphs (e)(3)(iv) (A) groundfish harvested under established through (F) of this section. PSC limits. The sum of all bycatch al- (iv) Trawl fishery categories. For pur- lowances of any prohibited species will poses of apportioning trawl PSC limits equal its PSC limit. among fisheries, the following fishery (ii) Red king crab, C. bairdi Tanner categories are specified and defined in crab, and halibut—(A) General. For ves- terms of round-weight equivalents of sels engaged in directed fishing for those groundfish species or species groundfish in the GOA or BSAI, the groups for which a TAC has been speci- PSC limits for red king crab, C. bairdi fied under § 679.20.
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(A) Midwater pollock fishery. Fishing pollock other than pollock harvested in with trawl gear during any weekly re- the midwater pollock fishery defined porting period that results in a catch under paragraph (e)(3)(iv)(A) of this of pollock that is 95 percent or more of section, Atka mackerel, and ‘‘other the total amount of groundfish caught species’’ that is greater than the re- during the week. tained amount of any other fishery cat- (B) Flatfish fishery. Fishing with egory defined under this paragraph trawl gear during any weekly reporting (e)(3)(iv). period that results in a retained aggre- (4) Halibut apportionment to nontrawl gate amount of rock sole, ‘‘other flat- fishery categories—(i) General. NMFS, fish,’’ and yellowfin sole that is greater after consultation with the Council, than the retained amount of any other may apportion the halibut PSC limit fishery category defined under this for nontrawl gear set forth under para- paragraph (e)(3)(iv). graph (e)(2) of this section into bycatch (1) Yellowfin sole fishery. Fishing with allowances for nontrawl fishery cat- trawl gear during any weekly reporting egories defined under paragraph period that is defined as a flatfish fish- ery under this paragraph (e)(3)(iv)(B) (e)(4)(ii) of this section, based on each and results in a retained amount of category’s proportional share of the yellowfin sole that is 70 percent or anticipated bycatch mortality of hali- more of the retained aggregate amount but during a fishing year and the need of rock sole, ‘‘other flatfish,’’ and yel- to optimize the amount of total lowfin sole. groundfish harvested under the (2) Rock sole/flathead sole/‘‘other flat- nontrawl halibut PSC limit. The sum fish’’ fishery. Fishing with trawl gear of all halibut bycatch allowances will during any weekly reporting period equal the halibut PSC limit established that is defined as a flatfish fishery in paragraph (e)(2) of this section. under this paragraph (e)(3)(iv)(B) and is (ii) Nontrawl fishery categories. For not a yellowfin sole fishery as defined purposes of apportioning the nontrawl under paragraph (e)(3)(iv)(B)(1) of this halibut PSC limit among fisheries, the section. following fishery categories are speci- (C) Greenland turbot/arrowtooth floun- fied and defined in terms of round- der/sablefish fishery. Fishing with trawl weight equivalents of those BSAI gear during any weekly reporting pe- groundfish species for which a TAC has riod that results in a retained aggre- been specified under § 679.20. gate amount of Greenland turbot, (A) Pacific cod hook-and-line fishery. arrowtooth flounder, and sablefish that Fishing with hook-and-line gear during is greater than the retained amount of any weekly reporting period that re- any other fishery category defined sults in a retained catch of Pacific cod under this paragraph (e)(3)(iv). that is greater than the retained (D) Rockfish fishery. Fishing with amount of any other groundfish spe- trawl gear during any weekly reporting cies. period that results in a retained aggre- (B) Sablefish hook-and-line fishery. gate amount of rockfish species of the Fishing with hook-and-line gear during genera Sebastes and Sebastolobus that is greater than the retained amount of any weekly reporting period that re- any other fishery category defined sults in a retained catch of sablefish under this paragraph (e)(3)(iv). that is greater than the retained (E) Pacific cod fishery. Fishing with amount of any other groundfish spe- trawl gear during any weekly reporting cies. period that results in a retained aggre- (C) Groundfish jig gear fishery. Fishing gate amount of Pacific cod that is with jig gear during any weekly report- greater than the retained amount of ing period that results in a retained any other groundfish fishery category catch of groundfish. defined under this paragraph (e)(3)(iv). (D) Groundfish pot gear fishery. Fish- (F) Pollock/Atka mackerel/‘‘other spe- ing with pot gear under restrictions set cies.’’ Fishing with trawl gear during forth in § 679.24(b) during any weekly any weekly reporting period that re- reporting period that results in a re- sults in a retained aggregate amount of tained catch of groundfish.
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(E) Other nontrawl fisheries. Fishing sonal nontrawl fishery bycatch allow- for groundfish with nontrawl gear dur- ance made under this paragraph (e)(5) ing any weekly reporting period that will be reapportioned to the fishery’s results in a retained catch of ground- remaining seasonal bycatch allowances fish and does not qualify as a Pacific during a current fishing year in a man- cod hook-and-line fishery, a sablefish ner determined by NMFS, after con- hook-and-line fishery, a jig gear fish- sultation with the Council, based on ery, or a groundfish pot gear fishery as the types of information listed under defined under paragraph (e)(4)(ii) of paragraph (e)(5)(ii) of this section. this section. (B) Seasonal apportionment exceeded. If (5) Seasonal apportionments of bycatch a seasonal apportionment of a allowances—(i) General. NMFS, after nontrawl fishery bycatch allowance consultation with the Council, may ap- made under this paragraph (e)(5) is ex- portion fishery bycatch allowances on ceeded, the amount by which the sea- a seasonal basis. sonal apportionment is exceeded will (ii) Factors to be considered. NMFS be deducted from the fishery’s remain- will base any seasonal apportionment ing seasonal bycatch allowances during of a bycatch allowance on the following a current fishing year in a manner de- types of information: termined by NMFS, after consultation (A) Seasonal distribution of prohib- with the Council, based on the types of ited species; information listed under paragraph (B) Seasonal distribution of target (e)(5)(ii) of this section. groundfish species relative to prohib- (6) Notification—(i) General. NMFS ited species distribution; will publish annually in the FEDERAL (C) Expected prohibited species REGISTER the annual red king crab PSC bycatch needs on a seasonal basis rel- limit, and, if applicable, the amount of evant to change in prohibited species this PSC limit specified for the biomass and expected catches of target RKCSS, the annual C. bairdi PSC limit, groundfish species; the proposed and final bycatch allow- (D) Expected variations in bycatch ances, seasonal apportionments there- rates throughout the fishing year; of, and the manner in which seasonal (E) Expected changes in directed apportionments of nontrawl fishery groundfish fishing seasons; bycatch allowances will be managed, as (F) Expected start of fishing effort; required under this paragraph (e). or (ii) Public comment. Public comment (G) Economic effects of establishing will be accepted by NMFS on the pro- seasonal prohibited species apportion- posed annual red king crab PSC limit ments on segments of the target and, if applicable, the amount of this groundfish industry. PSC limit specified for the RKCSS, the (iii) Seasonal trawl fishery bycatch al- annual C. bairdi PSC limit, the pro- lowances—(A) Unused seasonal appor- posed and final bycatch allowances, tionments. Unused seasonal apportion- seasonal apportionments thereof, and ments of trawl fishery bycatch allow- the manner in which seasonal appor- ances made under this paragraph (e)(5) tionments of nontrawl fishery bycatch will be added to its respective fishery allowances will be managed, for a pe- bycatch allowance for the next season riod of 30 days from the date of publica- during a current fishing year. tion in the FEDERAL REGISTER. (B) Seasonal apportionment exceeded. If (7) Trawl PSC closures—(i) Exception. a seasonal apportionment of a trawl When a bycatch allowance, or seasonal fishery bycatch allowance made under apportionment thereof, specified for paragraph (d)(5) of this section is ex- the pollock/Atka mackerel/’’other spe- ceeded, the amount by which the sea- cies’’ fishery category is reached, only sonal apportionment is exceeded will directed fishing for pollock is closed to be deducted from its respective appor- trawl vessels using nonpelagic trawl tionment for the next season during a gear. current fishing year. (ii) Red king crab or C. bairdi Tanner (iv) Seasonal nontrawl fishery bycatch crab, Zone 1, closure—(A) General. Ex- allowances—(A) Unused seasonal appor- cept as provided in paragraph (e)(7)(i) tionments. Any unused portion of a sea- of this section, if, during the fishing
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year, the Regional Administrator de- REGISTER the closure of the entire termines that U.S. fishing vessels par- BSAI to directed fishing for each spe- ticipating in any of the fishery cat- cies and/or species group in that fish- egories listed in paragraphs (e)(3)(iv) ery category for the remainder of the (B) through (F) of this section will year or for the remainder of the season. catch the Zone 1 bycatch allowance, or (v) Pacific herring—(A) Closure. Ex- seasonal apportionment thereof, of red cept as provided in paragraph king crab or C. bairdi Tanner crab spec- (e)(7)(v)(B) of this section, if, during ified for that fishery category under the fishing year, the Regional Adminis- paragraph (e)(3) of this section, NMFS trator determines that U.S. fishing ves- will publish in the FEDERAL REGISTER sels participating in any of the fishery the closure of Zone 1, including the categories listed in paragraphs RKCSS, to directed fishing for each (e)(3)(iv)(A) through (F) of this section species and/or species group in that in the BSAI will catch the herring fishery category for the remainder of bycatch allowance, or seasonal appor- the year or for the remainder of the tionment thereof, specified for that season. fishery category under paragraph (e)(3) (B) RKCSS. If, during the fishing year of this section, NMFS will publish in the Regional Administrator determines the FEDERAL REGISTER the closure of that the amount of the red king crab the Herring Savings Area as defined in PSC limit that is specified for the Figure 4 of this part to directed fishing RKCSS under § 679.21(e)(3)(ii)(B) of this for each species and/or species group in section will be caught, NMFS will pub- that fishery category. lish in the FEDERAL REGISTER the clo- (B) Exceptions—(1) Midwater pollock. sure of the RKCSS to directed fishing When the midwater pollock fishery for groundfish with nonpelagic trawl category reaches its specified bycatch gear for the remainder of the year. allowance, or seasonal apportionment (iii) C. bairdi Tanner crab, Zone 2, clo- thereof, the Herring Savings Areas are sure. Except as provided in paragraph closed to directed fishing for pollock (e)(7)(i) of this section, if, during the with trawl gear. fishing year, the Regional Adminis- (2) Pollock/Atka mackerel/ ‘‘other spe- trator determines that U.S. fishing ves- cies’’. When the pollock/Atka mackerel/ sels participating in any of the fishery ’’other species’’ fishery category categories listed in paragraphs reaches its specified bycatch allow- (e)(3)(iv)(B) through (F) of this section ance, or seasonal apportionment there- will catch the Zone 2 bycatch allow- of, the Herring Savings Areas are ance, or seasonal apportionment there- closed to directed fishing for pollock of, of C. bairdi Tanner crab specified for by trawl vessels using nonpelagic trawl that fishery category under paragraph gear. (e)(3) of this section, NMFS will pub- (vi) Chum salmon. (A) If the Regional lish in the FEDERAL REGISTER the clo- Administrator determines that 42,000 sure of Zone 2 to directed fishing for non-chinook salmon have been caught each species and/or species group in by vessels using trawl gear during Au- that fishery category for the remainder gust 15 through October 14 in the CVOA of the year or for the remainder of the defined under § 679.22(a)(5), NMFS will season. prohibit fishing with trawl gear for the (iv) Halibut closure. Except as pro- remainder of the period September 1 vided in paragraph (e)(7)(i) of this sec- through October 14 in the Chum Salm- tion, if, during the fishing year, the Re- on Savings Area as defined in para- gional Administrator determines that graph (e)(7)(vi)(B) of this section. U.S. fishing vessels participating in (B) Chum Salmon Savings Area of the any of the trawl fishery categories list- CVOA. The Chum Salmon Savings Area ed in paragraphs (e)(3)(iv)(B) through is an area defined by straight lines con- (F) of this section in the BSAI will necting the following coordinates in catch the halibut bycatch allowance, the order listed: or seasonal apportionment thereof, 56°00′ N. lat., 167°00′ W. long. specified for that fishery category 56°00′ N. lat., 165°00′ W. long. under paragraph (e)(3) of this section, 55°30′ N. lat., 165°00′ W. long. NMFS will publish in the FEDERAL 55°30′ N. lat., 164°00′ W. long.
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55°00′ N. lat., 164°00′ W. long. ERAL REGISTER the closure of the entire 55°00′ N. lat., 167°00′ W. long. BSAI to directed fishing with the rel- ° ′ ° ′ 56 00 N. lat., 167 00 W. long. evant gear type for each species and/or (vii) Chinook salmon—(A) Closure. species group in that fishery category. When the Regional Administrator de- (f) Program to reduce prohibited species termines that 48,000 chinook salmon bycatch rates—(1) Requirements—(i) Gen- have been caught by vessels using eral. A vessel’s bycatch rate, as cal- trawl gear in the BSAI during the time culated at the end of a fishing month period from January 1 through April under paragraph (f)(8)(ii) of this sec- 15, NMFS will prohibit fishing with tion, while participating in the fish- trawl gear for the remainder of that pe- eries identified in paragraph (f)(2) of riod within the Chinook Salmon Sav- this section, shall not exceed bycatch ings Area defined in paragraph rate standards referenced in paragraph (e)(7)(vii)(B) of this section. (f)(3) of this section. (B) Chinook Salmon Savings Area. The (ii) Applicability. A vessel is subject Chinook Salmon Savings Area is de- to this paragraph (f) if the groundfish fined in the following three areas of the catch of the vessel is observed on board BSAI: the vessel, or on board a mothership (1) The area defined by straight lines that receives unsorted codends from connecting the following coordinates the vessel, at any time during a weekly in the order listed: reporting period, and the vessel is as- 56°30′ N. lat., 171°00′ W. long. signed to one of the fisheries defined 56°30′ N. lat., 169°00′ W. long. under paragraph (f)(2) of this section. 56°00′ N. lat., 169°00′ W. long. (2) Assigned fisheries. During any 56°00′ N. lat., 171°00′ W. long. weekly reporting period, a vessel’s ob- 56°30′ N. lat., 171°00′ W. long. served catch composition of groundfish (2) The area defined by straight lines species for which a TAC has been speci- connecting the following coordinates fied in the GOA or BSAI will determine in the order listed: the fishery to which the vessel is as- signed, as follows: ° ′ ° ′ 54 00 N. lat., 171 00 W. long. (i) GOA midwater pollock fishery 54°00′ N. lat., 170°00′ W. long. 53°00′ N. lat., 170°00′ W. long. means fishing with trawl gear in the 53°00′ N. lat., 171°00′ W. long. GOA that results in an observed catch 54°00′ N. lat., 171°00′ W. long. of groundfish from the GOA during any weekly reporting period that is com- (3) The area defined by straight lines posed of 95 percent or more of pollock connecting the following coordinates when the directed fishery for pollock in the order listed: by vessels using trawl gear other than 56°00′ N. lat., 165°00′ W. long. pelagic trawl gear is closed. 56°00′ N. lat., 164°00′ W. long. (ii) GOA other trawl fishery means 55°00′ N. lat., 164°00′ W. long. fishing with trawl gear in the GOA that 55°00′ N. lat., 165°00′ W. long. 54°30′ N. lat., 165°00′ W. long. results in an observed catch of ground- 54°30′ N. lat., 167°00′ W. long. fish from the GOA during any weekly 55°00′ N. lat., 167°00′ W. long. reporting period that does not qualify 55°00′ N. lat., 166°00′ W. long. as a midwater pollock fishery under 55°30′ N. lat., 166°00′ W. long. paragraph (f)(2)(i) of this section. 55°30′ N. lat., 165°00′ W. long. (iii) BSAI midwater pollock fishery ° ′ ° ′ 56 00 N. lat., 165 00 W. long. means fishing with trawl gear in the (8) Nontrawl halibut closures. If, dur- BSAI that results in an observed catch ing the fishing year, the Regional Ad- of groundfish from the BSAI during ministrator determines that U.S. fish- any weekly reporting period that is ing vessels participating in any of the composed of 95 percent or more of pol- nontrawl fishery categories listed lock when the directed fishery for pol- under paragraph (e)(4) of this section lock by vessels using trawl gear other will catch the halibut bycatch allow- than pelagic trawl gear is closed. ance, or seasonal apportionment there- (iv) BSAI yellowfin sole fishery means of, specified for that fishery category fishing with trawl gear in the BSAI under paragraph (e)(4)(ii) of this sec- that results in a retained aggregate tion, NMFS will publish in the FED- amount of rock sole, ‘‘other flatfish,’’
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and yellowfin sole caught in the BSAI (v) Anticipated seasonal distribution during any weekly reporting period of fishing effort for groundfish. that is greater than the retained (vi) Other information and criteria amount of any other fishery under this deemed relevant by the Regional Ad- paragraph (f)(2) and results in a re- ministrator. tained amount of BSAI yellowfin sole (5) Public comment—(i) Prior comment. that is 70 percent or more of the re- Bycatch rate standards or adjustments tained aggregate amount of BSAI rock to such standards specified under this sole, ‘‘other flatfish,’’ and yellowfin section will not take effect until NMFS sole. has published the proposed bycatch (v) BSAI bottom pollock fishery means rate standards or adjustments to such fishing with trawl gear in the BSAI standards in the FEDERAL REGISTER for that results in a retained amount of public comment for a period of 30 days, pollock caught in the BSAI during any unless NMFS finds for good cause that weekly reporting period other than pol- such notification and public comment lock harvested in the midwater pollock are impracticable, unnecessary, or con- fishery in the BSAI defined in para- trary to the public interest. graph (f)(2)(iii) of this section, that is (ii) Comment after notification. If greater than the retained amount of NMFS decides, for good cause, that any other fishery defined under this bycatch rate standards or adjustments paragraph (f)(2). to such standards are to be made effec- (vi) BSAI other trawl fishery means tive without affording a prior oppor- fishing with trawl gear in the BSAI tunity for public comment, public com- that results in a retained amount of ments on the necessity for, and extent groundfish caught in the BSAI during of, bycatch rate standards or adjust- any weekly reporting period that does ments to such standards will be re- not qualify as a midwater pollock, yel- ceived by the Regional Administrator lowfin sole, or bottom pollock fishery. for a period of 15 days after the effec- (3) Notification of bycatch rate stand- tive date of notification. ards—(i) Prior notice. Prior to January 1 and July 1 of each year, the Regional (iii) Public inspection of data. During Administrator will publish notification any such 15-day period, the Regional in the FEDERAL REGISTER specifying Administrator will make available for bycatch rate standards for the fisheries public inspection, during business identified in this paragraph (f) that hours, the aggregate data upon which will be in effect for specified seasons bycatch rate standards or adjustments within the 6-month periods of January to such standards were based. 1 through June 30 and July 1 through (iv) Written comments. If written com- December 31, respectively. ments are received during any such 15- (ii) Adjustments. The Regional Admin- day period that oppose or protest istrator may adjust bycatch rate bycatch rate standards or adjustments standards as frequently as he or she to such standards issued under this sec- considers appropriate. tion, NMFS will reconsider the neces- (4) Factors upon which bycatch rate sity for the bycatch standards or ad- standards are based. Bycatch rate stand- justment to such standards and, as ards for a fishery and adjustments to soon as practicable after that reconsid- such standards will be based on the fol- eration, will either— lowing information and considerations: (A) Publish in the FEDERAL REGISTER (i) Previous years’ average observed notification of continued effectiveness bycatch rates for that fishery. of bycatch rate standards or adjust- (ii) Immediately preceding season’s ment to such standards, responding to average observed bycatch rates for that comments received; or fishery. (B) Modify or rescind bycatch rate (iii) The bycatch allowances and as- standards or adjustment to such stand- sociated fishery closures specified ards. under paragraphs (d) and (e) of this sec- (6) Notification of adjustment to tion. bycatch rate standards. Notification of (iv) Anticipated groundfish harvests adjustments to bycatch rate standards for that fishery. issued by NMFS under paragraph (f)(3)
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of this section will include the follow- species group for which a TAC has been ing information: specified under § 679.20 to determine to (i) A description of the adjustment to which of the fisheries described in one or more bycatch rate standards paragraph (f)(8)(i) of this section the specified for a fishery. vessel should be assigned for that (ii) The reasons for the adjustment week. and the determinations required under (i) Vessel assignment to fisheries—(A) paragraph (f)(4) of this section. BSAI catcher/processors. Catcher/proc- (iii) The effective date and any ter- essors will be assigned to fisheries at mination date of such adjustment. If the end of each weekly reporting period no termination date is specified, the based on the round-weight equivalent adjustment will remain in effect until of the retained groundfish catch com- revised by subsequent notification in position reported on a vessel’s WPR the FEDERAL REGISTER. that is submitted to the Regional Ad- (7) Vessel bycatch rates—(i) Observed ministrator under § 679.5. data. For purposes of this section, ob- (B) BSAI catcher vessel delivery in Fed- served data collected for each haul eral waters. Catcher vessels that deliver sampled during a day will include: to motherships in Federal waters dur- Date; Federal reporting area where ing a weekly reporting period will be trawl gear for the haul was retrieved; assigned to fisheries based on the total round weight of groundfish, in round-weight equivalent of the re- metric tons in the portion of the haul tained groundfish catch composition sampled by groundfish species or spe- reported on the WPR submitted to the cies group for which a TAC has been Regional Administrator for that week specified under § 679.20; and total round by the mothership under § 679.5. weight of halibut, in kilograms, in the (C) BSAI catcher vessel delivery in portion of the haul sampled. Observer Alaska State waters. Catcher vessels de- data from the BSAI trawl fisheries also livering groundfish to shoreside proc- will include the total number of red essors or to motherships in Alaska king crab in the portion of the haul State waters during a weekly reporting sampled. period will be assigned to fisheries (ii) Observer sampling procedures. (A) based on the round-weight equivalent NMFS will randomly predetermine the of the groundfish retained by the proc- hauls to be sampled by an observer dur- essor and reported on an ADF&G fish ing the time the observer is on a vessel. ticket as required under Alaska State (B) An observer will take samples at regulations at A.S. 16.05.690. random from throughout the haul, and (ii) Calculation of monthly bycatch take samples prior to sorting of the rates—(A) Assigned fishery. At the end haul by the crew for processing or dis- of each fishing month during which an carding of the catch. observer sampled at least 50 percent of (C) An observer will sample a mini- a vessel’s total number of trawl hauls mum of 100 kg of fish from each haul retrieved while an observer was aboard sampled. (as recorded in the vessel’s DFL), the (D) While an observer is at sea, the Regional Administrator will calculate observer will report to NMFS, on at the vessel’s bycatch rate based on ob- least a weekly basis, the data for sam- served data for each fishery to which pled hauls. the vessel was assigned for any weekly (E) Upon request, the observer will reporting period during that fishing allow the vessel operator to see all ob- month. served data set forth under paragraph (B) Verified observer data. Only ob- (f)(7)(i) of this section that the ob- served data that have been checked, server submits to NMFS. verified, and analyzed by NMFS will be (8) Determination of individual vessel used to calculate vessel bycatch rates bycatch rates. For each vessel, the Re- for purposes of this section. gional Administrator will aggregate (C) Calculation. The bycatch rate of a from sampled hauls the observed data vessel for a fishery defined under para- collected during a weekly reporting pe- graph (f)(2) of this section during a riod on the total round weight, in met- fishing month is a ratio of halibut to ric tons, of each groundfish species or groundfish that is calculated by using
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the total round weight of halibut (in and around Cape Pierce (58°33′ N. lat., kilograms), or total number of red king 161°43′ W. long.). crab, in samples during all weekly re- (5) Catcher Vessel Operational Area porting periods in which the vessel was (CVOA) (applicable through December 31, assigned to that fishery and the total 1998)—(i) Inshore component. The CVOA round weight of the groundfish (in met- is established annually from the begin- ric tons) for which a TAC has been ning of the second season of directed specified under § 679.20 in samples fishing for pollock defined at § 679.23(e) taken during all such periods. until either the date that NMFS deter- (9) Compliance with bycatch rate stand- mines that the pollock quota for proc- ards. A vessel has exceeded a bycatch essing by the inshore component has rate standard for a fishery if the ves- been harvested, or December 31, which- sel’s bycatch rate for a fishing month, ever is earlier. as calculated under paragraph (f)(8)(ii) (ii) Offshore component. (A) Vessels in of this section exceeds the bycatch rate the offshore component are prohibited standard established for that fishery from conducting directed fishing for under paragraph (f)(2) of this section. pollock in the CVOA unless they are operating under a CDP approved by [61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 FR 38359, July 24, NMFS. 1996; 61 FR 56431, Nov. 1, 1996; 61 FR 65988, (B) Vessels in the offshore component Dec. 16, 1996; 62 FR 13841, Mar. 24, 1997] that do not catch groundfish but do process pollock caught in a directed § 679.22 Closures. fishery for pollock may operate within (a) BSAI—(1) Zone 1 (512) closure to the CVOA to process pollock. trawl gear. No fishing with trawl gear is (iii) Other than pollock. Vessels that allowed at any time in reporting Area catch or process groundfish in directed 512 of Zone 1 in the Bering Sea subarea. fisheries for species other than pollock (2) Zone 1 (516) closure to trawl gear. may operate within the CVOA. No fishing with trawl gear is allowed at (6) Pribilof Island Area Habitat Con- any time in reporting Area 516 of Zone servation Zone. Trawling is prohibited 1 in the Bering Sea Subarea during the at all times in the area bounded by a period March 15 through June 15. straight line connecting the following (3) Red King Crab Savings Area. Di- pairs of coordinates in the following rected fishing for groundfish by vessels order: using trawl gear other than pelagic 57°57.0′ N. lat., 168°30.0′ W. long. trawl gear is prohibited at all times, 56°55.2′ N. lat., 168°30.0′ W. long. except as provided at 56°48.0′ N. lat., 169°2.4′ W. long. § 679.21(e)(3)(ii)(B), in that part of the 56°34.2′ N. lat., 169°2.4′ W. long. Bering Sea subarea defined by straight 56°30.0′ N. lat., 169°25.2′ W. long. ° ′ ° ′ lines connecting the following coordi- 56 30.0 N. lat., 169 44.1 W. long. 56°55.8′ N. lat., 170°21.6′ W. long. nates, in the order listed: 57°13.8′ N. lat., 171°0.0′ W. long. 57°57.0′ N. lat., 171°0.0′ W. long. 57°57.0′ N. lat., 168°30.0′ W. long. Latitude Longitude 56°00′ N.; 162°00′ W. (7) Steller sea lion protection areas, Ber- 56°00′ N.; 164°00′ W. ing Sea Subarea and Bogoslof District—(i) 57°00′ N.; 164°00′ W. Year-round closures. Trawling is prohib- 57°00′ N.; 162°00′ W. ited within 10 nm (18.5 km) of each of ° ′ ° ′ 56 00 N.; 162 00 W. the eight Steller sea lion rookeries (4) Walrus protection areas. From shown in Table 4a of this part. April 1 through September 30 of any (ii) Seasonal closures. During January fishing year, vessels with a Federal 1 through April 15, or a date earlier fisheries permit under § 679.4 are pro- than April 15, if adjusted under § 679.20, hibited in that part of the Bering Sea trawling is prohibited within 20 nm (37 subarea between 3 and 12 nm seaward km) of each of the six Steller sea lion of the baseline used to measure the ter- rookeries shown in Table 4b of this ritorial sea around islands named part. Round Island and The Twins, as shown (8) Steller sea lion protection areas, on National Ocean Survey Chart 16315, Aleutian Islands Subarea—(i) Year-round
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closures. Trawling is prohibited within than April 15, if adjusted under § 679.20, 10 nm (18.4 km) of each of the 19 Steller trawling is prohibited in the GOA with- sea lion rookeries shown in Table 5a of in 20 nm of each of the three Steller sea this part. lion rookeries presented in Table 6b of (ii) Seasonal closures. During January this part. 1 through April 15, or a date earlier (c) Directed fishing closures. See than April 15, if adjusted under § 679.20, § 679.20(d). trawling is prohibited within 20 nm (37 (d) Groundfish as prohibited species clo- km) of each of the two Steller sea lion sures. See § 679.20(d). rookeries shown in Table 5b of this (e) Overfishing closures. See § 679.20(d). part. (f) Prohibited species closures. See (9) Nearshore Bristol Bay Trawl Clo- § 679.21. sure. Directed fishing for groundfish by vessels using trawl gear in Bristol Bay, (g) Scallop closures and closed areas. as described in the current edition of See § 679.62(c) and § 679.62(d). NOAA chart 16006, is closed at all times [61 FR 31230, June 19, 1996, as amended at 61 in the area east of 162°00’ W. long., ex- FR 65988, Dec. 16, 1996; 62 FR 2046, Jan. 15, cept that the area bounded by a 1997] straight line connecting the following coordinates in the order listed below is § 679.23 Seasons. open to trawling from 1200 hours (a) General. Fishing for groundfish in (A.l.t.) April 1 to 1200 hours (A.l.t.) the GOA and BSAI is authorized from June 15 of each year: 0001 hours, A.l.t., January 1, through 2400 hours, A.l.t., December 31, subject to the other provisions of this part, ex- Latitude Longitude cept as provided in paragraph (c) of 58°00′ N., 160°00′ W.; 58°43′ N., 160°00′ W.; this section. 58°43′ N., 159°00′ W.; (b) Time of groundfish openings and 58°00′ N., 159°00′ W.; 58°00′ N., 160°00′ W. closures. The time of all openings and closures of fishing seasons, other than (10) Trawling is prohibited from Au- the beginning and end of the calendar gust 1 through August 31 in the Chum fishing year, is 1200 hours, A.l.t. Salmon Savings area defined at (c) GOA and BSAI trawl groundfish. § 679.21(e)(7)(vi)(B). Notwithstanding other provisions of (b) GOA—(1) Kodiak Island, trawls this part, fishing for groundfish with other than pelagic trawls —(i) Type I clo- trawl gear in the GOA and BSAI is pro- sures. No person may trawl in waters of hibited from 0001 hours, A.l.t., January the EEZ within the vicinity of Kodiak 1, through 1200 hours, A.l.t., January Island, as shown in Figure 5 of this part 20. as Type I areas, from a vessel having (d) GOA seasons—(1) Directed fishing any trawl other than a pelagic trawl ei- for trawl rockfish. Directed fishing for ther attached or on board. (ii) Type II closures. From February 15 rockfish of the genera Sebastes and to June 15, no person may trawl in wa- Sebastolobus with trawl gear is author- ters of the EEZ within the vicinity of ized from 1200 hours, A.l.t., on the first Kodiak Island, as shown in Figure 5 of day of the third quarterly reporting pe- this part as Type II areas, from a vessel riod of a fishing year through 2400 having any trawl other than a pelagic hours, A.l.t., December 31, subject to trawl either attached or on board. other provisions of this part. (iii) Type III closures. Type III areas (2) Directed fishing for pollock. Subject are open to any trawl other than a pe- to other provisions of this part, di- lagic trawl gear year round. rected fishing for pollock in the West- (2) Steller sea lion protection areas—(i) ern and Central Regulatory Areas is Year-round closures. Trawling is prohib- authorized only during the three sea- ited in the GOA within 10 nm of the 14 sons: Steller sea lion rookeries designated in (i) From 0001 hours, A.l.t., January 1, Table 6a of this part. through 1200 hours, A.l.t., April 1; (ii) Seasonal closures. During January (ii) From 1200 hours, A.l.t., June 1, 1 through April 15, or a date earlier through 1200 hours, A.l.t., July 1; and
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(iii) From 1200 hours, A.l.t., Septem- from 0001 hours A.l.t, January 1, ber 1, through 2400 hours, A.l.t., Decem- through the end of the fishing year. ber 31. (iii) Directed fishing for pollock is (e) BSAI seasons—(1) Directed fishing prohibited during the second pollock for arrowtooth flounder and Greenland season defined at paragraph (e)(2)(i) of turbot. Directed fishing for arrowtooth this section through 1200 hours, A.l.t., flounder and Greenland turbot in the September 8, for any vessel that is used BSAI is authorized from 1200 hours, to fish with trawl gear for groundfish A.l.t., May 1, through 2400 hours, A.l.t., in the BSAI or the GOA as defined at December 31, subject to the other pro- § 679.2 of this part, between 1200 hours visions of this part. A.l.t., August 25, and 1200 hours A.l.t., (2) Directed fishing for pollock. (i) Sub- September 1. ject to other provisions of this part, (3) CDQ fishing seasons. (i) CDQ hali- and except as provided in paragraphs but. Fishing for CDQ halibut with fixed (e)(2)(ii) and (e)(2)(iii) of this section, gear under an approved CDQ allocation directed fishing for pollock is author- may begin on the effective date of the ized from 0001 hours, A.l.t., January 1, allocation, except that CDQ fishing through 1200 hours, A.l.t, April 15, and may occur only during the fishing peri- from 1200 hours A.l.t., September 1, ods specified in the annual manage- through 1200 hours A.l.t, November 1, ment measures published in the FED- of each fishing year. ERAL REGISTER pursuant to § 300.62 of (ii) Applicable through December 31, chapter III of this title. 1998. (A) Subject to other provisions of (ii) CDQ sablefish. Fishing for CDQ sa- this part and except as provided in blefish with fixed gear under an ap- paragraphs (e)(2)(ii)(B) and (e)(2)(ii)(C) proved CDQ allocation may begin on of this section, directed fishing for pol- the effective date of the allocation, ex- lock by the offshore component, de- cept that it may occur only during the fined at § 679.2 of this part, or by vessels IFQ fishing season specified in para- delivering pollock to the offshore com- graph (g)(1) of this section. ponent, is authorized from 1200 hours (f) IFQ halibut. The fishing period(s) A.l.t., January 26, through 1200 hours for IFQ halibut are established by the A.l.t., April 15. IPHC and are specified in the annual (B) Directed fishing for pollock by management measures published in the the offshore component, or vessels de- FEDERAL REGISTER pursuant to § 300.62 livering pollock to the offshore compo- of chapter III of this title. Catches of nent is prohibited through 1200 hours, halibut by fixed gear at times other A.l.t., February 5, for those vessels than during the specified fishing peri- that are used to fish prior to 1200 ods must be treated as prohibited spe- hours, A.l.t., January 26, for groundfish cies as prescribed at § 679.21(b). in the BSAI, groundfish in the GOA, as (g) IFQ sablefish. (1) Directed fishing defined at § 679.2, or king or Tanner for sablefish using fixed gear in any crab in the Bering Sea and Aleutian Is- IFQ regulatory area may be conducted lands Area, as defined at § 679.2. in any fishing year during the period (C) Neither paragraphs (e)(2)(ii)(B) specified by the Regional Adminis- nor (e)(2)(iii) of this section apply to trator and announced by publication in vessels used to fish exclusively in a di- the FEDERAL REGISTER. The Regional rected fishery for pollock prior to 1200 Administrator will take into account hours, A.l.t., January 26, or during the the opening date of the halibut season period that extends from 1200 hours, when determining the opening date for A.l.t., August 25, through 1200 hours sablefish for the purposes of reducing A.l.t., September 1, under the Western bycatch and regulatory discards be- Alaska Community Development tween the two fisheries. Quota program pursuant to subpart C (2) Catches of sablefish by fixed gear and § 679.23(e)(2)(ii)(D) of this section. during other periods may be retained (D) Directed fishing for pollock under up to the amounts provided for by the the Western Alaska Community Devel- directed fishing standards specified at opment Quota program pursuant to § 679.20 when made by an individual subpart C of this part is authorized aboard the vessel who has a valid IFQ
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card and unused IFQ in the account on (2) Net-sounder device. Each person which the card was issued. trawling in any GOA area limited to (3) Catches of sablefish in excess of pelagic trawling under § 679.22 must the maximum retainable bycatch maintain on that trawl a properly amounts and catches made without functioning, recording net-sounder de- IFQ must be treated in the same man- vice, and must retain all net-sounder ner as prohibited species. recordings on board the fishing vessel during the fishing year. [61 FR 31230, June 19, 1996, as amended at 61 (3) Trawl footrope. No person trawling FR 35579, July 5, 1996; 61 FR 39602, July 30, 1996; 62 FR 2046, Jan. 15, 1997] in any GOA area limited to pelagic trawling under § 679.22 may allow the § 679.24 Gear limitations. footrope of that trawl to be in contact with the seabed for more than 10 per- Regulations pertaining to vessel and cent of the period of any tow, as indi- gear markings are set forth in this sec- cated by the net-sounder device. tion and as prescribed in the annual (c) Gear restrictions for sablefish—(1) management measures published in the Gear allocations. Gear allocations of sa- FEDERAL REGISTER pursuant to § 300.62 blefish TAC are set out under § 679.20. of chapter III of this title. (2) GOA Eastern Area—(i) General. (A) (a) Marking of gear—longline marker No person may use any gear other than buoys. (1) All longline marker buoys hook-and-line and trawl gear when carried on board or used by any vessel fishing for sablefish in the GOA East- regulated under this part shall be ern Area. marked with the following: (B) No person may use any gear other (i) The vessel’s name; and than hook-and-line gear to engage in (ii) The vessel’s Federal fisheries per- directed fishing for sablefish. mit number; or (ii) Sablefish as prohibited species—(A) (iii) The vessel’s registration number. Trawl gear. When operators of vessels (2) Markings shall be in characters at using trawl gear have harvested 5 per- least 4 inches (10.16 cm) in height and cent of the TAC for sablefish in the 0.5 inch (1.27 cm) in width in a con- GOA Eastern Regulatory Area during trasting color visible above the water any year, further trawl catches of sa- line and shall be maintained so the blefish must be treated as prohibited markings are clearly visible. species as provided by § 679.21(b). (b) Gear restrictions—(1) Pots—(i) Bio- (B) Other gear. Operators of vessels degradable panel. Each pot used to fish using gear types other than those spec- for groundfish must be equipped with a ified in paragraph (c)(2)(i) of this sec- biodegradable panel at least 18 inches tion in the GOA Eastern Regulatory (45.72 cm) in length that is parallel to, Area must treat any catch of sablefish and within 6 inches (15.24 cm) of, the as a prohibited species as provided by bottom of the pot, and that is sewn up § 679.21(b). with untreated cotton thread of no (3) GOA Central and Western Areas; sa- larger size than No. 30. blefish as prohibited species. Operators of (ii) Tunnel opening. Each pot used to vessels using gear types other than fish for groundfish must be equipped hook-and-line and trawl gear in the with rigid tunnel openings that are no GOA Central and Western Regulatory wider than 9 inches (22.86 cm) and no Areas must treat any catch of sablefish higher than 9 inches (22.86 cm), or soft in these areas as a prohibited species as tunnel openings with dimensions that provided by § 679.21(b). are no wider than 9 inches (22.86 cm). (4) BSAI. (i) Operators of vessels (iii) Longline pot gear. Any person using gear types other than hook-and- using longline pot gear must treat any line, longline pot, pot-and-line, or catch of groundfish as a prohibited spe- trawl gear in the BSAI must treat sa- cies, except: blefish as a prohibited species as pro- (A) In the Aleutian Islands subarea. vided by § 679.21(b). (B) While directed fishing for sable- (ii) Longline pot gear is prohibited in fish in the Bering Sea subarea, except directed fishing for sablefish from 0001 as provided in paragraph (c)(4)(ii) of hrs, A.l.t., on June 1 until 1200 hrs, this section. A.l.t., on June 30.
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(d) Trawl gear test areas—(1) General. 54°40′ N. lat., 166°00′ W. long. For purposes of allowing pelagic and 54°40′ N. lat., 167°00′ W. long. nonpelagic trawl fishermen to test 55°00′ N. lat., 167°00′ W. long. trawl fishing gear, NMFS may estab- (e) Seabird avoidance gear and methods lish, after consulting with the Council, for hook-and-line vessels fishing for locations for the testing of trawl fish- groundfish—(1) Applicability. (i) Except ing gear in areas that would otherwise as provided in paragraph (e)(1)(ii) of be closed to trawling. this section, the operator of a vessel (2) Trawl gear testing. For the pur- that is required to obtain a Federal poses of this section, ‘‘trawl gear test- fisheries permit under § 679.4(b)(1) must ing’’ means deploying trawl gear in comply with the seabird avoidance areas designated in this paragraph (d) measures in paragraph (e)(2) of this under the following conditions. section while fishing for groundfish (i) The codend shall be unzipped with hook-and-line gear in the BSAI, in while trawl gear testing. the GOA, or in waters of the State of (ii) Groundfish shall not be possessed Alaska that are shoreward of the BSAI on board when trawl gear testing. and the GOA. (iii) Observers aboard vessels during (ii) The operator of a vessel is not re- the time spent trawl gear testing shall quired to comply with the seabird not fulfill observer requirements at avoidance measures in paragraph (e)(2) subpart E of this part. of this section whenever the round- (3) Criteria. The establishment of test weight equivalent of halibut retained areas must comply with the following on board exceeds the round-weight criteria: equivalent of groundfish retained on (i) Depth and bottom type must be board. suitable for testing the particular gear (2) The operator of a vessel described type. in paragraph (e)(1) of this section must (ii) The areas must be outside State conduct fishing operations in the fol- waters. lowing manner: (iii) The areas must be in locations (i) Use hooks that when baited, sink not normally closed to fishing with as soon as they are put in the water. that gear type. (ii) Any discharge of offal from a ves- (iv) The areas must be in locations sel must occur in a manner that dis- that are not usually fished heavily by tracts seabirds, to the extent prac- that gear type. ticable, from baited hooks while gear is (v) The areas must not be within a being set or hauled. The discharge site designated Steller sea lion protection on board a vessel must either be aft of area at any time of the year. the hauling station or on the opposite (4) Test areas. Trawl gear testing is side of the vessel from the hauling sta- allowed in the following areas (Figure 7 tion. of this part) bounded by straight lines (iii) Make every reasonable effort to connecting the coordinates in the order ensure that birds brought on board listed, at all times: alive are released alive and that wher- (i) Kodiak Test Area. ever possible, hooks are removed with- 57°37′ N. lat., 152°02′ W. long. out jeopardizing the life of the birds. 57°37′ N. lat., 151°25′ W. long. (iv) Employ one or more of the fol- 57°23′ N. lat., 151°25′ W. long. lowing seabird avoidance measures: 57°23′ N. lat., 152°02′ W. long. (A) Tow a streamer line or lines dur- 57°37′ N. lat., 152°02′ W. long. ing deployment of gear to prevent birds (ii) Sand Point Test Area. from taking hooks; (B) Tow a buoy, board, stick or other 54°50′ N. lat., 161°00′ W. long. device during deployment of gear, at a ° ′ ° ′ 54 50 N. lat., 160 30 W. long. distance appropriate to prevent birds 54°35′ N. lat., 160°30′ W. long. 54°35′ N. lat., 161°00′ W. long. from taking hooks. Multiple devices 54°50′ N. lat., 161°00′ W. long. may be employed; (C) Deploy hooks underwater through (iii) Bering Sea Test Area. a lining tube at a depth sufficient to 55°00′ N. lat., 167°00′ W. long. prevent birds from settling on hooks 55°00′ N. lat., 166°00′ W. long. during deployment of gear; or
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(D) Deploy gear only during the minimum vessel’s lights necessary for hours specified below, using only the safety.
HOURS THAT HOOK-AND-LINE GEAR CAN BE DEPLOYED FOR SPECIFIED LONGITUDES ACCORDING TO PARAGRAPH (E)(2)(IV) OF THIS SECTION [Hours are Alaska local time]
Longitude Calendar month Shoreward to ° ° 150°W 151 to 165 W 166 to 180 W
January ...... 1800±0700 1900±0800 2000±0900 February ...... 1900±0600 2000±0700 2100±0800 March ...... 2000±0500 2100±0600 2200±0700 April ...... 2100±0400 2200±0500 2300±0600 May ...... 2200±0300 2300±0400 2400±0500 June ...... (1)(1)(1) July ...... (2)(2)(2) August ...... 2200±0400 2300±0500 2400±0600 September ...... 2000±0500 2100±0600 2200±0700 October ...... 1900±0600 2000±0700 2100±0800 November ...... 1800±0700 1900±0800 2000±0900 December ...... 1700±0700 1800±0800 1900±0900 1 This measure cannot be exercised during June. 2 This measure cannot be exercised during July.
[61 FR 31230, June 19, 1996, as amended at 61 that the TAC or gear share has not FR 35579, July 5, 1996; 61 FR 49077, Sept. 18, been reached. 1996; 62 FR 23183, Apr. 29, 1997] (ii) Any inseason closure of a statis- § 679.25 Inseason adjustments. tical area, or portion thereof, under paragraph (a)(1)(iv) of this section, (a) General—(1) Types of adjustments. must be based upon a determination Inseason adjustments issued by NMFS that such closures are necessary to pre- under this section include: vent: (i) Closure, extension, or opening of a (A) A continuation of relatively high season in all or part of a management bycatch rates of prohibited species area. specified under § 679.21(b) in a statis- (ii) Modification of the allowable tical area, or portion thereof; gear to be used in all or part of a man- agement area. (B) Take of an excessive share of PSC (iii) Adjustment of TAC and PSC lim- limits or bycatch allowances estab- its. lished under § 679.21(d) and (e) by ves- (iv) Interim closures of statistical sels fishing in a statistical area, or por- areas, or portions thereof, to directed tion thereof; fishing for specified groundfish species. (C) Closure of one or more directed (2) Determinations. (i) Any inseason fisheries for groundfish due to exces- adjustment taken under paragraphs sive prohibited species bycatch rates (a)(1)(i), (ii), or (iii) of this section occurring in a specified fishery operat- must be based on a determination that ing within all or part of a statistical such adjustments are necessary to pre- area; or vent: (D) Premature attainment of estab- (A) Overfishing of any species or lished PSC limits or bycatch allow- stock of fish or shellfish; ances and associated loss of oppor- (B) Harvest of a TAC for any ground- tunity to harvest the groundfish OY. fish species or the taking of a PSC (iii) The selection of the appropriate limit for any prohibited species that, inseason management adjustments on the basis of the best available sci- under paragraphs (a)(1)(i) and (ii) of entific information, is found by NMFS this section must be from the following to be incorrectly specified; or authorized management measures and (C) Underharvest of a TAC or gear must be based upon a determination by share of a TAC for any groundfish spe- the Regional Administrator that the cies when catch information indicates management adjustment selected is
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the least restrictive necessary to (4) Condition of a stock in all or part achieve the purpose of the adjustment: of a statistical area; (A) Any gear modification that would (5) Inseason prohibited species protect the species in need of conserva- bycatch rates observed in groundfish tion, but that would still allow other fisheries in all or part of a statistical fisheries to continue; area; (B) An inseason adjustment that (6) Historical prohibited species would allow other fisheries to continue bycatch rates observed in groundfish in noncritical areas and time periods; fisheries in all or part of a statistical (C) Closure of a management area area; and season to all groundfish fishing; or (7) Economic impacts on fishing busi- (D) Reopening of a management area nesses affected; or or season to achieve the TAC or gear (8) Any other factor relevant to the share of a TAC for any of the target conservation and management of species or the ‘‘other species## cat- groundfish species or any incidentally egory. caught species that are designated as (iv) The adjustment of a TAC or PSC prohibited species or for which a PSC limit for any species under paragraph limit has been specified. (a)(1)(iii) of this section must be based (c) Procedure. (1) No inseason adjust- upon a determination by the Regional ment issued under this section will Administrator that the adjustment is take effect until— based upon the best available scientific (i) NMFS has filed the proposed ad- information concerning the biological justment for public inspection with the stock status of the species in question Office of the Federal Register; and and that the currently specified TAC or PSC limit is incorrect. Any adjustment (ii) NMFS has published the proposed to a TAC or PSC limit must be reason- adjustment in the FEDERAL REGISTER ably related to the change in biological for public comment for a period of 30 stock status. days before it is made final, unless (v) The inseason closure of a statis- NMFS finds for good cause that such tical area, or a portion thereof, under notification and public procedure is paragraph (a)(1)(iv) of this section shall impracticable, unnecessary, or con- not extend beyond a 60-day period un- trary to the public interest. less information considered under para- (2) If NMFS decides, for good cause, graph (b) of this section warrants an that an adjustment is to be made with- extended closure period. Any closure of out affording a prior opportunity for a statistical area, or portion thereof, to public comment, public comments on reduce prohibited species bycatch rates the necessity for, and extent of, the ad- requires a determination by the Re- justment will be received by the Re- gional Administrator that the closure gional Administrator for a period of 15 is based on the best available scientific days after the effective date of notifi- information concerning the seasonal cation. distribution and abundance of prohib- (3) During any such 15-day period, the ited species and bycatch rates of pro- Regional Administrator will make hibited species associated with various available for public inspection, during groundfish fisheries. business hours, the aggregate data (b) Data. All information relevant to upon which an adjustment was based. one or more of the following factors (4) If written comments are received may be considered in making the deter- during any such 15-day period that op- minations required under paragraphs pose or protest an inseason adjustment (a)(2)(i) and (ii) of this section: issued under this section, NMFS will (1) The effect of overall fishing effort reconsider the necessity for the adjust- within a statistical area; ment and, as soon as practicable after (2) Catch per unit of effort and rate of that reconsideration, will either— harvest; (i) Publish in the FEDERAL REGISTER (3) Relative distribution and abun- notification of continued effectiveness dance of stocks of groundfish species of the adjustment, responding to com- and prohibited species within all or ments received; or part of a statistical area; (ii) Modify or rescind the adjustment.
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(5) Notifications of inseason adjust- mentation and disposition of salmon ments issued by NMFS under para- received under the SDP, including suf- graph (a) of this section will include ficient liability insurance to cover pub- the following information: lic interests relating to the quality of (i) A description of the management salmon distributed for human con- adjustment. sumption. (ii) Reasons for the adjustment and (ix) Quality control criteria to be fol- the determinations required under lowed by vessels, processors, hunger re- paragraph (a)(2)(i) of this section. lief agencies, food bank networks, and (iii) The effective date and any ter- food bank distributors. mination date of such adjustment. If (x) The number of vessels and proc- no termination date is specified, the essors that the applicant is capable of adjustment will terminate on the last administering effectively. day of the fishing year. (xi) A list of all vessels and proc- essors, food bank networks and food § 679.26 Salmon Donation Program. bank distributors participating in the (a) Authorized distributors—(1) Applica- SDP. The list of vessels and processors tion. An applicant seeking to become must include: an authorized distributor must provide (A) The vessel’s or processor’s Fed- the Regional Administrator with the eral fisheries permit number or Federal following information: processor permit number. (i) Proof of the applicant’s tax-ex- (B) The name of the vessel owner or empt status. responsible operator or the name of the (ii) A description of the arrange- owner or plant manager of the proc- ments for processing, shipping, storing, essor. and transporting donated salmon and (C) The vessel’s or processor’s tele- an estimate of the associated costs. phone number and fax number. (iii) A statement describing the ap- (D) The signature of the vessel owner plicant’s expertise in providing for the or responsible operator or the owner or distribution of food product from re- plant manager of the processor. mote Alaskan locations to hunger re- (xii) A signed statement from the ap- lief agencies, food bank networks, or plicant and all persons listed under food bank distributors, including ar- paragraph (a)(1)(xi) of this section who rangements for transportation, dis- would conduct activities pursuant to tribution costs, and product quality the SDP permit waiving any and all control. claims against the United States and (iv) Documentation of support from its agents and employees for any liabil- cold storage and transportation facili- ity for personal injury, death, sickness, ties. damage to property directly or indi- (v) A proposed operating budget that rectly due to activities conducted is adequate to ensure that salmon do- under the SDP. nated under this program will be dis- (xiii) A list of locations where salmon tributed to hunger relief agencies, food must be delivered by participating ves- bank networks, or food bank distribu- sels and processors. tors and that the salmon will be main- (2) Selection. The Regional Adminis- tained in a manner fit for human con- trator may select one or more tax-ex- sumption. empt organizations to be authorized (vi) Proof of the applicant’s ability to distributors under the SDP based on obtain and maintain adequate funding the information submitted by appli- for the distribution of salmon under cants under paragraph (a)(1) of this sec- the SDP. tion. The number of authorized dis- (vii) A copy of the applicant’s arti- tributors selected by the Regional Ad- cles of incorporation and bylaws show- ministrator will be based on the follow- ing that the purpose of the applicant ing criteria: includes providing food resources to (i) The number and qualifications of hunger relief agencies, food bank net- applicants for SDP permits. works, or food bank distributors. (ii) The number of harvesters and the (viii) Proof of the applicant’s ability quantity of salmon that applicants can to take full responsibility for the docu- effectively administer.
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(iii) The anticipated level of salmon NATION PROGRAM—NOT FOR bycatch based on the salmon bycatch SALE—PERISHABLE PRODUCT— from previous years. KEEP FROZEN’’. (iv) The potential number of vessels (3) A processor retaining or receiving and processors participating in the salmon under the SDP and an author- groundfish trawl fisheries. ized distributor must keep on file and (3) SDP Permit. (i) After review of make available for inspection by an au- qualified applicants, the Regional Ad- thorized officer all documentation in- ministrator will announce the selec- cluding receipt and cargo manifests tion of authorized distributor(s) in the setting forth the origin, weight, and FEDERAL REGISTER and will issue SDP destination of all salmon. Such docu- permit(s). mentation must be retained until 1 (ii) The Regional Administrator may year after the effective period of the impose additional terms and conditions on an SDP permit consistent with the SDP permit. objectives of the SDP. (c) Processing, handling, and distribu- (iii) An SDP permit may be sus- tion. (1) Processing and reprocessing of pended, modified, or revoked under 15 all salmon retained under the SDP CFR part 904 for noncompliance with must be carried out under the direction terms and conditions specified in the of the authorized distributor. A proc- permit or for a violation of this section essor retaining or receiving salmon or other regulations in this part. under the SDP, at a minimum, must (iv) An SDP permit remains in effect head, gut, and freeze the salmon in a for a 3-year period after the selection manner that makes it fit for human notice is published in the FEDERAL consumption. REGISTER unless suspended or revoked. (2) Salmon that are determined to be An SDP permit may not be transferred. unfit for human consumption prior to An SDP permit issued to an authorized delivery to an authorized distributor distributor may be renewed following must be discarded under § 679.21(b). the application procedures in this sec- Salmon that are determined to be unfit tion. for human consumption after delivery (v) If the authorized distributor to the authorized distributor must be modifies any information on the SDP destroyed in accordance with applica- permit application submitted under ble sanitation laws and regulations. paragraph (a)(1)(xi) or (a)(1)(xiii) of this section, the authorized distributor (3) Authorized distributors and per- must submit a modified list of partici- sons conducting activities supervised pants or a modified list of delivery lo- by authorized distributors may retain cations to the Regional Administrator. salmon only for the purpose of process- (b) Reporting and Recordkeeping Re- ing and delivering the salmon to hun- quirements. (1) A vessel or processor re- ger relief agencies, food networks or taining salmon under the SDP must food distributors as provided by this comply with all applicable record- section. Such persons may not keeping and reporting requirements. A consume or retain salmon for personal vessel or processor participating in the use and may not sell, trade or barter, SDP must comply with applicable reg- or attempt to sell, trade or barter any ulations at §§ 679.7(c)(2), and 679.21(c) salmon that is retained under the SDP. that allow for the collection of data (4) No salmon bycatch may be re- and biological sampling by an observer tained by a vessel or processor, or de- prior to processing any salmon under livered to a delivery location under the SDP. this section, unless the vessel or proc- (2) Salmon retained under the SDP essor and delivery location is included must be packaged, and all packages on the list provided to the Regional must be labeled with the date of proc- Administrator under paragraph essing, the name of the processing fa- (a)(1)(xi), (a)(1)(xiii), or (a)(3)(v) of this cility, the contents and the weight of section. the salmon contained in the package and the words, ‘‘NMFS SALMON DO- [61 FR 38359, July 24, 1996]
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Subpart C—Western Alaska Com- ings to NMFS recommending approval munity Development Quota of a CDP, that the CDP meets the re- Program quirements of these regulations, the Magnuson-Stevens Act, the Alaska § 679.30 General CDQ regulations. Coastal Management Program, and (a) State of Alaska CDQ responsibil- other applicable law. At a minimum, ities—(1) Compliance. The State of Alas- the submission must discuss the deter- ka must be able to ensure implementa- mination of a community as eligible; tion of the CDPs once approved by information regarding community de- NMFS. To accomplish this, the State velopment, including goals and objec- must establish a monitoring system tives; business information; and a that defines what constitutes compli- statement of the managing organiza- ance and non-compliance. tion’s qualifications. For purposes of (2) Public hearings. Prior to granting this section, an eligible community in- approval of a CDP recommended by the cludes any community or group of Governor, NMFS shall find that the communities that meets the criteria Governor developed and approved the set out in paragraph (d) of this section. CDP after conducting at least one pub- Applications for a CDP must include lic hearing, at an appropriate time and the following information: location in the geographical area con- (1) Community development informa- cerned, so as to allow all interested tion. Community development informa- persons an opportunity to be heard. tion includes: Hearing(s) on the CDP do not have to (i) Project description. A description of be held on the actual documents sub- the CDP projects that are proposed to mitted to the Governor under para- be funded by the CDQ and how the CDP graph (b) of this section, but must projects satisfy the goals and purpose cover the substance and content of the of the CDQ program. proposed CDP in such a manner that (ii) Allocation request. The allocation the general public, and particularly the of each CDQ species requested for each affected parties, have a reasonable op- subarea or district of the BSAI, as de- portunity to understand the impact of fined at § 679.2 and for each IPHC regu- the CDP. The Governor must provide latory area, as prescribed in the annual reasonable public notification of hear- management measures published in the ing date(s) and location(s). The Gov- FEDERAL REGISTER pursuant to § 300.62 ernor must make available for public of chapter III of this title. review, at the time of public notifica- tion of the hearing, all state materials (iii) Project schedule. The length of pertinent to the hearing(s) and must time the CDQ will be necessary to include a transcript or summary of the achieve the goals and objectives of the public hearing(s) with the Governor’s CDP, including a project schedule with recommendations to NMFS in accord- measurable milestones for determining ance with this subpart. At the same progress. time this transcript is submitted to (iv) Employment. The number of indi- NMFS, it must be made available, upon viduals to be employed under the CDP, request, to the public. The public hear- the nature of the work provided, the ing held by the Governor will serve as number of employee-hours anticipated the public hearing for purposes of per year, and the availability of labor NMFS review under paragraph (c) of from the applicant’s community(ies). this section. (v) Vocational and educational pro- (3) Council consultation. Before send- grams. Description of the vocational ing his/her recommendations for ap- and educational training programs proval of CDPs to NMFS, the Governor that a CDQ allocation under the CDP must consult with the Council, and would generate. make available, upon request, CDPs (vi) Existing infrastructure. Descrip- that are not part of the Governor’s rec- tion of existing fishery-related infra- ommendations. structure and how the CDP would use (b) CDP application. The Governor, or enhance existing harvesting or proc- after consultation with the Council, essing capabilities, support facilities, shall include in his or her written find- and human resources.
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(vii) New capital. Description of how (x) Income statement. A balance sheet the CDP would generate new capital or and income statement, including prof- equity for the applicant’s fishing and/ it, loss, and return on investment for or processing operations. the proposed CDP. (viii) Transition plan. A plan and (3) Statement of managing organiza- schedule for transition from reliance tion’s qualifications. Statement of the on the CDQ allocation under the CDP managing organization’s qualifications to self-sufficiency in fisheries. includes: (ix) Short- and long-term benefits. A de- (i) Structure and personnel. Informa- scription of short- and long-term bene- tion regarding its management struc- fits to the applicant from the CDQ allo- ture and key personnel, such as re- cation. sumes and references; including the (2) Business information. Business in- name, address, fax number, and tele- formation includes: phone number of the managing organi- (i) Method of harvest. Description of zation’s representative; and the intended method of harvesting the (ii) Management qualifications. A de- CDQ allocation, including the types of scription of how the managing organi- products to be produced; amounts to be zation is qualified to manage a CDQ al- harvested; when, where, and how har- location and prevent quota overages. vesting is to be conducted; and names For purposes of this section, a qualified and permit numbers of the vessels that managing organization means any or- will be used to harvest a CDQ alloca- ganization or firm that would assume tion. responsibility for managing all or part of the CDP and that meets the follow- (ii) Target market and competition. De- ing criteria: scription of the target market for sale (A) . Docu- of products and competition existing or Official letter of support mentation of support from each com- known to be developing in the target munity represented by the applicant market. for a CDP through an official letter of (iii) Business relationships. Descrip- support approved by the governing tion of business relationships between body of the community. all business partners or with other (B) Legal relationship. Documentation business interests, if any, including ar- of a legal relationship between the CDP rangements for management, audit applicant and the managing organiza- control, and a plan to prevent quota tion (if the managing organization is overages. For purposes of this section, different from the CDP applicant), business partners means all individuals which clearly describes the responsibil- who have a financial interest in the ities and obligations of each party as CDQ project. demonstrated through a contract or (iv) Profit sharing. Description of other legally binding agreement. profit sharing arrangements. (C) Expertise. Demonstration of man- (v) Funding. Description of all fund- agement and technical expertise nec- ing and financing plans. essary to carry out the CDP as pro- (vi) Partnerships. Description of joint posed by the CDP application (e.g., venture arrangements, loans, or other proven business experience as shown by partnership arrangements, including a balance and income statement, in- the distribution of proceeds among the cluding profit, loss, and the return on parties. investment on all business ventures (vii) General budget for implementing within the previous 12 months by the the CDP. A general budget is a general managing organization). account of estimated income and ex- (c) Review and approval of CDPs—(1) penditures for each CDP project that is Consistent with criteria. (i) Upon receipt described in paragraph (b)(1)(i) of this by NMFS of the Governor’s rec- section for the total number of cal- ommendation for approval of proposed endar years that the CDP is in effect. CDPs, NMFS will review the record to (viii) Capital equipment. A list of all determine whether the community eli- capital equipment. gibility criteria and the evaluation cri- (ix) Cash flow. A cash flow and break- teria set forth in paragraph (d) of this even analysis. section have been met. NMFS shall
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then approve or disapprove the Gov- lowing criteria for an eligible commu- ernor’s recommendation within 45 days nity: of its receipt. (i) The community is located within (ii) In the event of approval, NMFS 50 nm from the baseline from which the shall notify the Governor and the breadth of the territorial sea is meas- Council in writing that the Governor’s ured along the Bering Sea coast from recommendations for CDPs are consist- the Bering Strait to the western most ent with the evaluation criteria under of the Aleutian Islands, or on an island paragraph (d) of this section and other within the Bering Sea. A community is applicable law, including NMFS rea- not eligible if it is located on the GOA sons for approval. coast of the North Pacific Ocean, even (iii) Publication of the decision, in- if it is within 50 nm of the baseline of cluding the percentage of each CDQ re- the Bering Sea. serve for each subarea or district allo- (ii) The community is certified by cated under the CDPs and the avail- the Secretary of the Interior pursuant ability of the findings, will be pub- to the Native Claims Settlement Act lished in the FEDERAL REGISTER. (Public Law 92–203) to be a native vil- (iv) NMFS will allocate no more than lage. 33 percent of the total CDQ to any ap- (iii) The residents of the community proved CDP application. conduct more than half of their current (v) A CDQ community may not con- commercial or subsistence fishing ef- currently receive more than one pol- fort in the waters of the BSAI. lock, halibut, or sablefish allocation (iv) The community has not pre- and only one application for each type viously developed harvesting or proc- of CDP per CDQ applicant will be ac- essing capability sufficient to support cepted. substantial groundfish fisheries par- (2) Not consistent with criteria. (i) If ticipation in the BSAI, unless the com- NMFS finds that the Governor’s rec- munity can show that benefits from an ommendations for CDQ allocations are approved CDP would be the only way not consistent with the evaluation cri- to realize a return from previous in- teria set forth in these regulations and vestments. The community of Un- disapproves the Governor’s rec- alaska is excluded under this provision. ommendations, NMFS shall so advise (3) Qualified managing organization. the Governor and the Council in writ- Each CDP application demonstrates ing, including the reasons therefor. that a qualified managing organization (ii) Notification of the decision will will be responsible for the harvest and be published in the FEDERAL REGISTER. use of the CDQ allocation pursuant to (3) Revised CDP. (i) The CDP appli- the CDP. cant may submit a revised CDP to the (4) Exceeding the CDQ allocation. Each Governor for submission to NMFS. CDP application demonstrates that its (ii) Review by NMFS of a revised managing organization can effectively CDP application will be in accordance prevent exceeding the CDQ allocation. with the provisions set forth in this (5) Governor’s findings. The Governor section. has found for each recommended CDP (d) Evaluation criteria. NMFS will ap- that: prove the Governor’s recommendations (i) The CDP and the managing orga- for CDPs if NMFS finds the CDP is con- nization are fully described in the CDP sistent with the requirements of these application, and have the ability to regulations, including the following: successfully meet the CDP milestones (1) CDP application. Each CDP appli- and schedule. cation is submitted in compliance with (ii) The managing organization has the application procedures described in an adequate budget for implementing paragraph (b) of this section. the CDP, and the CDP is likely to be (2) NMFS review. Prior to approval of successful. a CDP recommended by the Governor, (iii) A qualified applicant has submit- NMFS will review the Governor’s find- ted the CDP application and the appli- ings to determine that each commu- cant and managing organization have nity that is part of a CDP is listed in the support of each community partici- Table 7 of this part or meets the fol- pating in the proposed CDQ project as
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demonstrated through an official letter ceive an Alaska Permanent Fund divi- approved by the governing body of each dend at that address. such community. (8) Board of directors. If a qualified ap- (iv) The following factors have been plicant represents more than one com- considered: munity, the board of directors of the (A) The number of individuals from applicant must include at least one applicant communities who will be em- member from each of the communities ployed under the CDP, the nature of represented. their work, and career advancement. (e) Monitoring of CDPs—(1) CDP re- (B) The number and percentage of ports. The following reports must be low income persons residing in the ap- submitted to NMFS: plicant communities, and the economic (i) Annual progress reports. (A) CDP opportunities provided to them applicants are required to submit an- through employment under the CDP. nual progress reports to the Governor by June 30 of the year following alloca- (C) The number of communities co- tion. operating in the application. (B) Annual progress reports will in- (D) The relative benefits to be de- clude information describing how the rived by participating communities CDP has met its milestones, goals, and and the specific plans for developing a objectives. self-sustaining fisheries economy. (C) On the basis of those reports, the (E) The success or failure of the ap- Governor will submit an annual plicant and/or the managing organiza- progress report to NMFS and rec- tion in the execution of a prior CDP ommend whether CDPs should be con- (e.g., exceeding a CDQ allocation or tinued. any other related violation may be (D) NMFS must notify the Governor considered a failure and may therefore in writing within 45 days of receipt of result in partially or fully precluding a the Governor’s annual progress report, CDP from a future CDQ allocation). accepting or rejecting the annual (6) Qualified applicant. For purposes progress report and the Governor’s rec- of this paragraph (d), ‘‘qualified appli- ommendations. cant’’ means: (E) If NMFS rejects the Governor’s (i) A local fishermen’s organization annual progress report, NMFS will re- from an eligible community, or group turn it for revision and resubmission. of eligible communities, that is incor- (F) The report will be deemed ap- porated under the laws of the State of proved if NMFS does not notify the Alaska, or under Federal law, and Governor in writing within 45 days of whose board of directors is composed of the report’s receipt. at least 75 percent resident fishermen (ii) Annual budget report. (A) An an- of the community (or group of commu- nual budget report is a detailed esti- nities) that is (are) making an applica- mation of income and expenditures for tion; or each CDP project as described in para- (ii) A local economic development or- graph (b)(1)(i) of this section for a cal- ganization incorporated under the laws endar year. of the State of Alaska, or under Fed- (B) The annual budget report must be eral law, specifically for the purpose of submitted to NMFS by December 15 designing and implementing a CDP, preceding the year for which the an- and that has a board of directors com- nual budget applies. posed of at least 75 percent resident (C) Annual budget reports are ap- fishermen of the community (or group proved upon receipt by NMFS, unless of communities) that is (are) making disapproved in writing by December 31. an application. If disapproved, the annual budget re- (7) Resident fisherman. For the pur- port may be revised and resubmitted to pose of this paragraph (d), ‘‘resident NMFS. fisherman’’ means an individual with (D) NMFS will approve or disapprove documented commercial or subsistence a resubmitted annual budget report in fishing activity who maintains a mail- writing. ing address and permanent domicile in (iii) Annual budget reconciliation re- the community and is eligible to re- port. A CDQ group must reconcile each
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annual budget by May 30 of the year changes in a CDP, including, but not following the year for which the annual limited to, any of the following: budget applied. Reconciliation is an ac- (A) Any change in the applicant com- counting of the annual budget’s esti- munities or replacement of the manag- mated income and expenditures with ing organization. the actual income and expenditures, in- (B) A change in the CDP applicant’s cluding the variance in dollars and harvesting or processing partner. variance in percentage for each CDP (C) Funding a CDP project in excess project that is described in paragraph of $100,000 that is not part of an ap- (b)(1)(i) of this section. If a general proved general budget. budget, as described in paragraph (D) More than a 20-percent increase (b)(2)(vii) of this section, is no longer in the annual budget of an approved correct due to the reconciliation of an CDP project. annual budget, then the general budget (E) More than a 20-percent increase must also be revised to reflect the an- in actual expenditures over the ap- nual budget reconciliation. The revised proved annual budget for administra- general budget must be included with tive operations. the annual budget reconciliation re- (F) A change in the contractual port. agreement(s) between the CDP appli- (2) Increase in CDQ allocation. If an cant and its harvesting or processing applicant requests an increase in a partner, or a change in a CDP project, CDQ, the applicant must submit a new if such change is deemed by the Gov- CDP application for review by the Gov- ernor or NMFS to be a material ernor and approval by NMFS as de- change. scribed in paragraphs (b) and (c) of this (v) Notification of an amendment to section. a CDP shall include the following in- formation: (3) Substantial amendments. (i) A CDP (A) The background and justification is a working business plan and must be for the amendment that explains why kept up to date. Substantial amend- the proposed amendment is necessary ments, as described in paragraph and appropriate. (e)(3)(iv) of this section, to a CDP will (B) An explanation of why the pro- require written notification to the posed change to the CDP is an amend- Governor and subsequent approval by ment according to paragraph (e)(3)(i) of the Governor and NMFS before any this section. change in a CDP can occur. The Gov- (C) A description of the proposed ernor may recommend to NMFS that amendment, explaining all changes to the request for an amendment be ap- the CDP that result from the proposed proved. amendment. (ii) NMFS may notify the Governor (D) A comparison of the original CDP in writing of approval or disapproval of text with the text of the proposed the amendment within 30 days of re- changes to the CDP, and the changed ceipt of the Governor’s recommenda- pages of the CDP for replacement in tion. The Governor’s recommendation the CDP binder. for approval of an amendment will be (E) Identification of any NMFS find- deemed approved if NMFS does not no- ings that would need to be modified if tify the Governor in writing within 30 the amendment is approved along with calendar days of receipt of the Gov- the proposed modified text. ernor’s recommendation. (F) A description of how the proposed (iii) If NMFS determines that the amendment meets the requirements of CDP, if changed, would no longer meet this subpart. Only those CDQ regula- the criteria under paragraph (d) of this tions that are affected by the proposed section, or if any of the requirements amendment need to be discussed. under this section would not be met, (4) Technical amendments. (i) Any NMFS shall notify the Governor in change to a CDP that is not a substan- writing of the reasons why the amend- tial amendment as defined in para- ment cannot be approved. graph (e)(3)(iv) of this section is a tech- (iv) For the purposes of this section, nical amendment. It is the responsibil- substantial amendments are defined as ity of the CDQ group to coordinate
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with the Governor to ensure that a pro- nation will appear in the FEDERAL REG- posed technical amendment does not ISTER, along with the reasons therefor. meet the definition for a substantial (3) Review of allocation. An annual amendment. Technical amendments re- progress report, required under para- quire written notification to the Gov- graph (e)(1)(i) of this section, will be ernor and NMFS before the change in a used by the Governor to review each CDP occurs. CDP to determine whether the CDP (ii) A technical amendment will be and CDQ allocation thereunder should approved when the CDQ group receives be continued, decreased, partially sus- a written notification from NMFS an- pended, suspended, or terminated under nouncing the receipt of the technical the following circumstances: amendment. The Governor may rec- (i) If the Governor determines that ommend to NMFS, in writing, that a the CDP will successfully meet its technical amendment be disapproved goals and objectives, the CDP may con- at any time. NMFS may disapprove a tinue without any Secretarial action. technical amendment in writing at any (ii) If the Governor recommends to time, with the reasons therefor. NMFS that an allocation be decreased, (iii) Notification should include: the Governor’s recommendation for de- (A) The pages of the CDP, with the crease will be deemed approved if text highlighted to show deletions and NMFS does not notify the Governor, in additions. writing, within 30 days of receipt of the (B) The changed pages of the CDP for Governor’s recommendation. replacement in the CDP binder. (iii) If the Governor determines that (5) Cease fishing operations. It is the a CDP has not successfully met its responsibility of the CDQ-managing or- goals and objectives, or appears un- ganization to cease fishing operations likely to become successful, the Gov- once a CDQ allocation has been ernor may submit a recommendation reached. to NMFS that the CDP be partially (f) Suspension or termination of a suspended, suspended, or terminated. CDP—(1) Governor’s recommendation. (i) The Governor must set out, in writing, NMFS, at any time, may partially sus- his or her reasons for recommending pend, suspend, or terminate any CDP suspension or termination of the CDP. upon written recommendation of the (iv) After review of the Governor’s Governor setting out his or her reasons recommendation and reasons therefor, that the CDP recipient is not comply- NMFS will notify the Governor, in ing with these regulations. writing, of approval or disapproval of (ii) After review of the Governor’s his or her recommendation within 30 recommendation and reasons for a par- days of its receipt. In the case of sus- tial suspension, suspension, or termi- pension or termination, NMFS will nation of a CDP, NMFS will notify the publish notification in the FEDERAL Governor in writing of approval or dis- REGISTER, with reasons therefor. approval of his or her recommendation within 45 days of its receipt. [61 FR 31230, June 19, 1996, as amended at 61 (iii) In the event of approval of the FR 35579, July 5, 1996; 61 FR 41745, Aug. 12, Governor’s recommendation, NMFS 1996] will publish an announcement in the § 679.31 CDQ reserve. FEDERAL REGISTER that the CDP has been partially suspended, suspended, or (a) Pollock CDQ reserve (applicable terminated, along with reasons there- through December 31, 1998). (1) In the for. proposed and final harvest specifica- (2) Non-compliance. NMFS also may tions required under § 679.20(c), one-half partially suspend, suspend, or termi- of the pollock TAC placed in the re- nate any CDP at any time if NMFS serve for each subarea or district will finds a recipient of a CDQ allocation be assigned to a CDQ reserve for each pursuant to the CDP is not complying subarea or district. with these regulations, other regula- (2) NMFS may add any amount of a tions, or provisions of the Magnuson- CDQ reserve back to the nonspecific re- Stevens Act or other applicable law. serve if, after September 30, the Re- Publication of suspension or termi- gional Administrator determines that
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amount will not be used during the re- allocated for the exclusive use of CDQ mainder of the fishing year. applicants in accordance with CDPs ap- (b) Halibut CDQ reserve. (1) NMFS will proved by the Governor in consultation annually withhold from IFQ allocation with the Council and approved by the proportions of the halibut catch NMFS. NMFS will allocate no more limit that are specified in this para- than 33 percent of the total CDQ for all graph (b) for use as a CDQ reserve. subareas combined to any one appli- (2) Portions of the CDQ for each spec- cant with an approved CDP applica- ified IPHC regulatory area may be allo- tion. cated for the exclusive use of an eligi- ble Western Alaska community or § 679.32 Estimation of total pollock group of communities in accordance harvest in the CDQ fisheries (appli- with a CDP approved by the Governor cable through December 31, 1998). in consultation with the Council and (a) Recordkeeping and reporting re- approved by NMFS. quirements. Vessels and processors par- (3) The proportions of the halibut ticipating in pollock CDQ fisheries catch limit annually withheld for pur- must comply with recordkeeping and poses of the CDQ program, exclusive of reporting requirements set out at issued QS, are as follows for each IPHC § 679.5. regulatory area: (b) Total pollock harvests—(1) Observer (i) Area 4B. In IPHC regulatory area estimates. Total pollock harvests for 4B, 20 percent of the annual halibut each CDP will be determined by ob- quota shall be made available for the server estimates of total catch and halibut CDQ program to eligible com- catch composition, as reported on the munities physically located in or prox- daily observer catch message. imate to this regulatory area. For the (2) Cease fishing. The CDQ-managing purposes of this section, ‘‘proximate organization must arrange to receive a to’’ an IPHC regulatory area means copy of the observer daily catch mes- within 10 nm from the point where the sage from processors in a manner that boundary of the IPHC regulatory area allows the CDQ-managing organization intersects land. to inform processors to cease fishing (ii) Area 4C. In IPHC regulatory area operations before the CDQ allocation 4C, 50 percent of the halibut quota has been exceeded. CDQ-managing or- shall be made available for the halibut CDQ program to eligible communities ganization representatives must also physically located in IPHC regulatory inform NMFS within 24 hours after the area 4C. CDQ has been reached and fishing has (iii) Area 4D. In IPHC regulatory area ceased. 4D, 30 percent of the halibut quota (3) NMFS estimates. If NMFS deter- shall be made available for the halibut mines that the observer, the processor, CDQ program to eligible communities or the CDQ-managing organization located in or proximate to IPHC regu- failed to follow the procedures de- latory areas 4D and 4E. scribed in paragraphs (c), (d), and (e) of (iv) Area 4E. In IPHC regulatory area this section for estimating the total 4E, 100 percent of the halibut quota harvest of pollock, or violated any shall be made available for the halibut other regulation in this subpart C of CDQ program to communities located this part, NMFS reserves the right to in or proximate to IPHC regulatory estimate the total pollock harvest area 4E. A fishing trip limit of 6,000 lb based on the best available data. (2.7 mt) will apply to halibut CDQ har- (c) Observer coverage. Vessel operators vesting in IPHC regulatory area 4E. and processors participating in CDQ (c) Sablefish CDQ reserve. In the pro- fisheries must comply with the follow- posed and final harvest limit specifica- ing requirements for observer coverage: tions required under § 679.20(c), NMFS (1) Shoreside processor. (i) Each shore- will specify 20 percent of the fixed gear side processor participating in the CDQ allocation of sablefish in each BSAI fisheries must have one observer subarea as a sablefish CDQ reserve, ex- present at all times while groundfish clusive of issued QS. Portions of the harvested under a CDQ are being re- CDQ reserve for each subarea may be ceived or processed.
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(ii) The Regional Administrator is (4) Prior notice of offloading schedule. authorized to require more than one The manager of each shoreside proc- observer for a shoreside processor if: essor must notify the observer(s) of the (A) The CDQ delivery schedule re- offloading schedule of each CDQ quires an observer to be on duty more groundfish delivery at least 1 hour than 12 hours in a 24-hour period; prior to offloading to provide the ob- (B) Simultaneous deliveries of CDQ server an opportunity to monitor the harvests by more than one vessel can- weighing of the entire delivery. not be monitored by a single observer; (e) Processor vessel measurement re- or quirements. Each processor vessel par- (C) One observer is not capable of ticipating in the CDQ fishery for pol- adequately monitoring CDQ deliveries. lock must estimate the total weight of (2) Processor vessel. Each processor its groundfish catch by the volumetric vessel participating in the CDQ fish- procedures specified in this paragraph eries must have two observers aboard (e). the vessel at all times while groundfish (1) Receiving bins. Each processor ves- harvested under a CDQ are being har- sel estimating its catch by volumetric vested, processed, or received from an- measurement must have one or more other vessel. receiving bins in which all fish catches (3) Catcher vessel. Observer coverage are placed to determine total catch requirements for catcher vessels par- weight prior to sorting operations. ticipating in the CDQ fisheries are in (2) Bin volume. The volume of each addition to any observer coverage re- bin must be accurately measured, and quirements in subpart E of this part. the bin must be permanently marked Each catcher vessel delivering ground- and numbered in 10-cm increments on fish harvested under a CDQ, other than all internal sides of the bin. Marked in- a catcher vessel delivering only crements, except those on the wall con- unsorted codends to a processor or an- taining the viewing port or window, other vessel, must have an observer on must be readable from the outside of the vessel at all times while the vessel the bin at all times. Bins must be is participating in the CDQ fisheries, lighted in a manner that allows regardless of the vessel length. marked increments to be read from the (d) Shoreside processor equipment and outside of the bin by an observer or au- operational requirements. Each shoreside thorized officer. processor participating in the CDQ (3) Bin certification. (i) The bin vol- fisheries must comply with the follow- ume and marked and numbered incre- ing requirements: ments must be certified by a registered (1) Certified scale. Groundfish har- engineer with no financial interest in vested in the CDQ fisheries must be re- fishing, fish processing, or fish tender corded and weighed on a scale certified vessels, or by a qualified organization by the State of Alaska. Such a scale that has been designated by the USCG must measure catch weights at all Commandant, or an authorized rep- times to at least 95-percent accuracy, resentative thereof, for the purpose of as determined by an observer or au- classing or examining commercial fish- thorized officer. The scale and scale ing industry vessels under the provi- display must be visible simultaneously sions of 46 CFR 28.76. by the observer. (ii) Bin volumes and marked and (2) Access to scale. Observers must be numbered increments must be recer- provided access to the scale used to tified each time a bin is structurally or weigh groundfish landings. physically changed. (3) Retention of scale printouts. Print- (iii) The location of bin markings, as outs of scale measurements of each certified, must be described in writing. CDQ delivery must be made available Tables certified under this paragraph to observers and be maintained in the (e)(1)(iii) indicating the volume of each shoreside processor for the duration of certified bin in cubic meters for each the fishing year, or for as long after a 10-cm increment marked on the sides of fishing year as product from fish har- the bins, must be submitted to the vested during that year are retained in NMFS Observer Program prior to har- the shoreside processor. vesting or receiving groundfish and
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must be maintained on board the vessel halibut and/or sablefish CDQ card will and made available to observers at all identify a CDQ permit number and the times. individual authorized by the managing (iv) All bin certification documents organization to land halibut and/or sa- must be dated and signed by the cer- blefish for debit against its CDQ alloca- tifier. tion. (4) Prior notification. Vessel operators (c) Alteration. No person may alter, must notify observers prior to any re- erase, or mutilate a halibut and/or sa- moval or addition of fish from each bin blefish CDQ permit, card, registered used for volumetric measurements of buyer permit, or any valid and current catch in such a manner that allows an permit or document issued under this observer to take bin volume measure- part. Any such permit, card, or docu- ments prior to fish being removed from ment that has been intentionally al- or added to the bin. Once a volumetric tered, erased, or mutilated will be in- measurement has been taken, addi- valid. tional fish may not be added to the bin (d) Landings. All landings of halibut until at least half the original volume and/or sablefish harvested under an ap- has been removed. Fish may not be re- proved CDQ project, dockside sales, and moved from or added to a bin used for outside landings of halibut and/or sa- volumetric measurements of catch blefish must be landed by a person with until an observer indicates that bin a valid halibut and/or sablefish CDQ volume measurements have been com- card to a person with a valid registered pleted and any samples of catch re- buyer permit, and reported in compli- quired by the observer have been ance with § 679.5 (l)(1) and (l)(2). taken. (e) CDQ fishing seasons. See (5) Separation of fish. Fish from sepa- § 679.23(e)(4). rate hauls or deliveries from separate harvesting vessels may not be mixed in § 679.34 CDQ halibut and sablefish de- any bin used for volumetric measure- terminations and appeals. ments of catch. (6) Bin viewing port. The receiving Section 679.43 describes the procedure bins must not be filled in a manner for appealing initial administrative de- that obstructs the viewing ports or pre- terminations for the halibut and sable- vents the observer from seeing the fish CDQ program made under this sub- level of fish throughout the bin. part C of this part. [61 FR 31230, June 19, 1996; 61 FR 37843, July 22, 1996 as amended at 61 FR 41745, Aug. 12, Subpart D—Individual Fishing 1996] Quota Management Measures
§ 679.33 Halibut and sablefish CDQ. § 679.40 Sablefish and halibut QS. (a) Permits. The Regional Adminis- The Regional Administrator shall an- trator will issue a halibut and/or sable- nually divide the TAC of halibut and fish CDQ permit to the managing orga- sablefish that is apportioned to the nization responsible for carrying out fixed gear fishery pursuant to the an- an approved CDQ project. A copy of the nual management measures published halibut and/or sablefish CDQ permit in the FEDERAL REGISTER pursuant to must be carried on any fishing vessel § 300.62 of chapter III of this title and operated by or for the managing orga- § 679.20, minus the CDQ reserve, among nization, and be made available for in- qualified halibut and sablefish quota spection by an authorized officer. Each share holders, respectively. halibut and/or sablefish CDQ permit (a) Initial allocation of QS—(1) General. will be non-transferable and will be ef- The Regional Administrator shall ini- fective for the duration of the CDQ tially assign to qualified persons, on or project or until revoked, suspended, or after October 18, 1994, halibut and sa- modified. blefish fixed gear fishery QS that are (b) CDQ cards. The Regional Adminis- specific to IFQ regulatory areas and trator will issue halibut and/or sable- vessel categories. QS will be assigned fish CDQ cards to all individuals named as a block in the appropriate IFQ regu- on an approved CDP application. Each latory area and vessel category, if that
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QS would have resulted in an alloca- lease holder attesting to the existence tion of less than 20,000 lb (9 mt) of IFQ of a vessel lease agreement at any time for halibut or sablefish based on the during the QS qualifying years. Conclu- 1994 TAC for fixed gear in those fish- sive evidence of a vessel lease must eries for specific IFQ regulatory areas identify the leased vessel and indicate and the QS pools of those fisheries for the name of the lease holder and the specific IFQ regulatory areas as of Oc- period of time during which the lease tober 17, 1994. was in effect. Other evidence, which (2) Qualified person. (i) As used in this may not be conclusive, but may tend to section, a ‘‘qualified person’’ means a support a vessel lease, may also be sub- ‘‘person,’’ as defined in § 679.2: mitted. (A) That owned a vessel that made (iv) Ownership interest. Evidence of legal landings of halibut or sablefish, ownership interest in a dissolved part- harvested with fixed gear, from any nership or corporation shall be limited IFQ regulatory area in any QS qualify- to corporate documents (e.g., articles ing year; or of incorporation) or notarized state- (B) That leased a vessel that made ments signed by each former partner, legal landings of halibut or sablefish, shareholder or director, and specifying harvested with fixed gear, from any their proportions of interest. IFQ regulatory area in any QS qualify- (v) Legal landing of halibut or sable- ing year. A person who owns a vessel fish—(A) Definition. As used in this sec- cannot be a qualified person based on tion, a ‘‘legal landing of halibut or sa- the legal fixed gear landings of halibut blefish’’ means halibut or sablefish har- or sablefish made by a person who vested with fixed gear and landed in leased the vessel for the duration of the compliance with state and Federal reg- lease. ulations in effect at the time of the (ii) Qualified persons, or their succes- landing. sors-in-interest, must exist at the time (B) Documentation. Evidence of legal of their application for QS. landings shall be limited to docu- (iii) A former partner of a dissolved mentation of state or Federal catch re- partnership or a former shareholder of ports that indicate the amount of hali- a dissolved corporation who would oth- but or sablefish harvested, the IPHC erwise qualify as a person may apply regulatory area or groundfish reporting for QS in proportion to his or her inter- area in which it was caught, the vessel est in the dissolved partnership or cor- and gear type used to catch it, and the poration. date of harvesting, landing, or report- (iv) Sablefish harvested within ing. State catch reports are Alaska, Prince William Sound, or under a State Washington, Oregon, or California fish of Alaska limited entry program, will tickets. Federal catch reports are not be considered in determining WPRs required under § 679.5. Sablefish whether a person is a qualified person. harvested within Prince William Sound (3) Qualification for QS—(i) Year. A QS or under a State of Alaska limited qualifying year is 1988, 1989, or 1990. entry program will not be considered in (ii) Vessel ownership. Evidence of ves- determining qualification to receive sel ownership shall be limited to the QS, nor in calculating initial QS. following documents, in order of prior- (4) Calculation of initial QS—(i) Hali- ity: but QS. The Regional Administrator (A) For vessels required to be docu- shall calculate the halibut QS for any mented under the laws of the United qualified person in each IFQ regulatory States, the USCG abstract of title is- area based on that person’s highest sued in respect of that vessel. total legal landings of halibut in each (B) A certificate of registration that IPHC regulatory area for any 5 years of is determinative as to vessel owner- the 7-year halibut QS base period 1984 ship. through 1990. The sum of all halibut QS (C) A bill of sale. for an IFQ regulatory area will be the (iii) Vessel lease. Conclusive evidence halibut QS pool for that area. of a vessel lease will include a written (ii) Sablefish QS. The Regional Ad- vessel lease agreement or a notarized ministrator shall calculate the sable- statement from the vessel owner and fish QS for any qualified person in each
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IFQ regulatory area based on that per- not process any groundfish or halibut son’s highest total legal landings of sa- caught with fixed gear. blefish in each groundfish reporting (C) To each applicable vessel cat- area for any 5 years of the 6-year sable- egory in proportion to the landings of fish QS base period 1985 through 1990. halibut or sablefish made by that per- The sum of all sablefish QS for an IFQ son if, at any time during their most regulatory area will be the sablefish QS recent year of participation, that per- pool for that area. son used more than one vessel in dif- (iii) CDQ program. Each initial QS ferent categories. calculation will be modified to accom- (iv) Sablefish QS. A qualified person’s modate the CDQ program prescribed at sablefish QS will be assigned: subpart C of this part. (A) To vessel category C if, at any (5) Assignment of QS to vessel cat- time during his/her most recent year of egories—(i) LOA. Each qualified per- participation, that person’s vessel was son’s QS will be assigned to a vessel less than or equal to 60 ft (18.3 m) LOA category based on the LOA of vessel(s) and did not process any groundfish or from which that person made fixed halibut caught with fixed gear. gear legal landings of groundfish or (B) To the vessel category in which halibut in the most recent year of par- halibut and groundfish were landed, or ticipation and the product type landed. vessel categories in proportion to the As used in this paragraph (a)(5), ‘‘the total fixed gear landings of halibut and most recent year of participation’’ groundfish, if, at any time during the means the most recent of 4 calendar most recent year of participation, that years in which any groundfish or hali- person’s vessel(s) makes no landing(s) but were harvested using fixed gear, as of sablefish. follows: 1988, 1989, or 1990; or calendar (v) Halibut QS. A qualified person’s year 1991 prior to September 26, 1991. halibut QS will be assigned: (ii) Vessel categories. QS and its asso- (A) To vessel category C if, at any ciated IFQ assigned to vessel cat- time during his/her most recent year of egories include: participation, that person’s vessel was (A) Category A QS and associated less than or equal to 60 ft (18.3 m), but IFQ, which authorizes an IFQ card- greater than 35 ft (10.7 m), LOA and did holder to harvest and process IFQ spe- not process any groundfish or halibut cies on a vessel of any length; caught with fixed gear. (B) Category B QS and associated (B) To vessel category D if, at any IFQ, which authorizes an IFQ card- time during his/her most recent year of holder to harvest IFQ species on a ves- participation, that person’s vessel was sel of any length; less than or equal to 35 ft (10.7 m) LOA (C) Category C QS and associated and did not process any groundfish or IFQ, which authorizes an IFQ card- halibut caught with fixed gear. holder to harvest IFQ species on a ves- (C) To the vessel category in which sel less than or equal to 60 ft (18.3 m) groundfish were landed, or vessel cat- LOA: egories in proportion to the total fixed (D) Category D QS and associated gear landings of groundfish, if, at any IFQ, which authorizes an IFQ card- time during the most recent year of holder to harvest IFQ halibut on a ves- participation, that person’s vessel(s) sel less than or equal to 35 ft (10.7 m) makes no landing(s) of halibut. LOA; (vi) Both species QS. A qualified per- (iii) QS assignment. A qualified per- son’s QS for both species will be as- son’s QS will be assigned: signed to the vessel category in which (A) To vessel category A if, at any groundfish were landed in the most re- time during his/her most recent year of cent year of participation if, at any participation, that person’s vessel time during that year, that person processed any groundfish or halibut landed halibut in one vessel category caught with fixed gear. and sablefish in a different vessel cat- (B) To vessel category B if, at any egory. time during his/her most recent year of (6) Application for initial QS—(i) Appli- participation, that person’s vessel was cation form. Upon request, the Regional greater than 60 ft (18.3 m) LOA and did Administrator shall make available to
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any person an application form for an described in paragraph (a)(7) of this initial allocation of QS. The applica- section, will not qualify for QS. An ini- tion form sent to the person requesting tial determination denying QS on the a QS allocation will include all data on grounds that claimed catch history, that person’s vessel ownership and vessel ownership or lease data were not catch history of halibut and sablefish verified may be appealed following the that can be released to the applicant procedure described in § 679.43. Quota under current state and Federal con- share reflecting catch history, vessel fidentiality rules, and that are avail- ownership, or lease data that are con- able to the Regional Administrator at tested between two or more applicants, the time of the request. at least one of which is likely to qual- (ii) Application period. An application ify for QS when the dispute is resolved, period of no less than 180 days will be will be assigned to a reserve that will specified by notification in the FED- be considered part of the QS pool for ERAL REGISTER and other information the appropriate IFQ regulatory area. sources that the Regional Adminis- Any QS and IFQ that results from trator deems appropriate. agency action resolving the dispute (iii) Complete application. Complete will be assigned to the prevailing appli- applications received by the Regional cant(s) pursuant to paragraphs (a)(4), Administrator will be acknowledged. (a)(5), (b), and (c) of this section. If the An incomplete application will be re- assigned IFQ for the 1995 fishing season turned to the applicant with specific becomes moot by passage of time need- kinds of information identified that ed to resolve the dispute, the assign- are necessary to make it complete. ment of QS and IFQ for subsequent (7) Insufficient documentation. Halibut fishing seasons will be unaffected. and sablefish catch history, vessel own- ership or lease data, and other informa- (b) Annual allocation of IFQ. The Re- tion supplied by an applicant will be gional Administrator shall assign hali- compared with data compiled by the but or sablefish IFQs to each person Regional Administrator. If additional holding unrestricted QS for halibut or data presented in an application are sablefish, respectively, up to the limits not consistent with the data compiled prescribed in § 679.42 (e) and (f). Each by the Regional Administrator, the ap- assigned IFQ will be specific to an IFQ plicant will be notified of insufficient regulatory area and vessel category, documentation. The applicant will and will represent the maximum have 90 days to submit corroborating amount of halibut or sablefish that documents (as specified in paragraph may be harvested from the specified (a) of this section) in support of his/her IFQ regulatory area and by the person application or to resubmit a revised ap- to whom it is assigned during the spec- plication. All applicants will be limited ified fishing year, unless the IFQ as- to one opportunity to provide corrobo- signment is changed by the Regional rating documentation or a revised ap- Administrator within the fishing year plication in response to notification of because of an approved transfer or be- insufficient documentation. cause all or part of the IFQ is sanc- (8) Verified data. Uncontested data in tioned for violating rules of this part. applications will be approved by the (c) Calculation of annual IFQ alloca- Regional Administrator. Based on tion—(1) General. The annual allocation these data, the Regional Administrator of IFQ to any person (person p) in any will calculate each applicant’s initial IFQ regulatory area (area a) will be halibut and sablefish QS, as provided in equal to the product of the TAC of hali- paragraph (b) of this section, for each but or sablefish by fixed gear for that IFQ regulatory area, respectively, and area (after adjustment for purposes of will add each applicant’s halibut and the Western Alaska CDQ Program) and sablefish QS for an IFQ regulatory area that person’s QS divided by the QS pool to the respective QS pool for that area. for that area. Overages will be sub- (9) Unverified data. Catch history, tracted from a person’s IFQ pursuant vessel ownership, or lease data that to paragraph (d) of this section. Ex- cannot be verified by the Regional Ad- pressed algebraically, the annual IFQ ministrator, following the procedure allocation formula is as follows:
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IFQ pa = [(fixed gear TACa ¥ CDQ re- (f) Harvesting privilege. Quota shares servea) × (QSpa/QS poola)] ¥ overage allocated or permits issued pursuant to of IFQpa. this part do not represent either an ab- (2) QS amounts. For purposes of cal- solute right to the resource or any in- culating IFQs for any fishing year, the terest that is subject to the ‘‘takings’’ amount of a person’s QS and the provision of the Fifth Amendment of amount of the QS pool for any IFQ reg- the U.S. Constitution. Rather, such quota shares or permits represent only ulatory area will be the amounts on a harvesting privilege that may be re- record with the Alaska Region, NMFS, voked or amended subject to the re- as of 1200 hours, A.l.t., on January 31 of quirements of the Magnuson-Stevens that year. Act and other applicable law. (3) IFQ permit. The Regional Adminis- (g) Tagged halibut and sablefish. (1) trator shall issue to each QS holder, Nothing contained in this part shall pursuant to § 679.4, an IFQ permit ac- prohibit any person at any time from companied by a statement specifying retaining and landing a Pacific halibut the maximum amount of halibut and or sablefish that bears at the time of sablefish that may be harvested with capture a research tag from any state, fixed gear in a specified IFQ regulatory Federal, or international agency, pro- area and vessel category as of January vided that the halibut or sablefish is: 31 of that year. Such IFQ permits will (i) A Pacific halibut landed pursuant be mailed to each QS holder at the ad- to 50 CFR 300.18; or dress on record for that person after (ii) A sablefish landed in accordance the beginning of each fishing year but with the Tagged Groundfish Research prior to the start of the annual IFQ Program. fishing season. (2) Tagged halibut or sablefish landed (d) Ten-percent adjustment policy. A pursuant to paragraphs (1)(i) or (1)(ii) person’s annual IFQ account will be ad- of this section shall not be calculated justed in the year following a deter- as part of an individual’s IFQ harvest mination that the person harvested or or be debited against an individual’s landed IFQ species in an amount is halibut or sablefish IFQ. greater than the amount available in [61 FR 31230, June 19, 1996, as amended at 61 the person’s annual IFQ account and if FR 35579, July 5, 1996; 61 FR 41525, Aug. 9, the amount greater than the amount 1996; 61 FR 43314, Aug. 22, 1996] available does not exceed 10 percent of the amount available in the person’s § 679.41 Transfer of QS and IFQ. annual IFQ account at the time of (a) General. (1) Except as provided in landing. The adjustment would be a de- paragraph (a)(2) of this section, trans- duction of the amount of IFQ species fer of QS or IFQ means any transaction harvested or landed that was deter- requiring QS, or the use thereof in the mined to exceed the amount available form of IFQ, to pass from one person to in the person’s annual IFQ account and another, permanently or for a fixed pe- will apply to any person to whom the riod of time. affected IFQ is allocated in the year (2) Transactions requiring IFQ cards following the determination. to be issued in the name of a vessel (e) Underages. Underages of up to 10 master employed by an individual or a percent of a person’s total annual IFQ corporation are not transfers of QS or account for a current fishing year will IFQ. be added to that person’s annual IFQ (b) Transfer procedure—(1) Application account in the year following deter- for transfer. An Application for Trans- mination of the underage. This under- fer of QS/IFQ (Application for Transfer) age adjustment to the annual IFQ allo- must be approved by the Regional Ad- cation will be specific to IFQ species, ministrator before a person may use IFQ regulatory area, and vessel cat- IFQ to harvest IFQ halibut or IFQ sa- egory for which an IFQ is calculated, blefish, whether the IFQ was the result and will apply to any person to whom of a direct transfer or the result of a the affected IFQ is allocated in the QS transfer. An Application for Trans- year following determination of an un- fer will not be approved until the Re- derage. gional Administrator has reviewed and
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approved the transfer agreement signed (8) Other pertinent information re- by the parties to the transaction. The quested on the Application for Transfer Regional Administrator shall provide has been supplied to the satisfaction of an Application for Transfer form to the Regional Administrator. any person on request. Persons who (d) Eligibility to receive QS or IFQ by submit an Application for Transfer to transfer—(1) Application for Eligibility. the Regional Administrator for ap- All persons applying to receive QS or proval will receive notification of the IFQ must submit an Application for Regional Administrator’s decision to Eligibility to Receive QS/IFQ (Applica- approve or disapprove the Application tion for Eligibility), containing accu- for Transfer, and, if applicable, the rea- rate information, to the Regional Ad- son(s) for disapproval, by mail posted ministrator. The Regional Adminis- on the date of that decision, unless an- trator will not approve a transfer of other communication mode is re- IFQ or QS to a person until the Appli- quested on the Application for Trans- cation for Eligibility for that person is fer. approved by the Regional Adminis- (2) QS or IFQ accounts. QS or IFQ ac- trator. The Regional Administrator counts affected by an Application for shall provide an Application for Eligi- Transfer approved by the Regional Ad- bility form to any person on request. ministrator will change on the date of (2) Type of eligibility. A person must approval. Any necessary IFQ permits indicate on the Application for Eligi- will be sent with the notification of the bility whether the eligibility sought is Regional Administrator’s decision. as: (c) Application for Transfer approval (i) An individual; or criteria. Except as provided in para- (ii) A corporation, partnership, or graph (f) of this section, an Application other entity. for Transfer will not be approved until (3) Application filing order. A person the Regional Administrator has deter- may submit the Application for Eligi- mined that: bility with the Application for Transfer (1) The person applying for transfer or file the Application for Eligibility received the QS or IFQ to be trans- prior to submitting the Application for ferred: Transfer. If a person, as described in (i) By initial assignment by the Re- paragraph (d)(2)(ii) of this section, files gional Administrator as provided in the Application for Eligibility prior to § 679.40(a); or submitting the Application for Trans- (ii) By approved transfer. fer, and that person’s status subse- (2) The person applying to receive the quently changes, as described in QS or IFQ meets the requirements of § 679.42(j), that person must resubmit eligibility in paragraph (d) of this sec- an Application for Eligibility before tion. submitting, or with, the Application (3) The person applying for transfer for Transfer. and the person applying to receive the (4) Notification of approval. Applicants QS or IFQ have their notarized signa- will be notified by mail of the Regional tures on the Application for Transfer. Administrator’s approval of an applica- (4) There are no fines, civil penalties, tion for eligibility. or other payments due and owing, or (5) Notification of disapproval. The Re- outstanding permit sanctions, result- gional Administrator will notify the ing from Federal fishery violations in- applicant if an Application for Eligi- volving either person. bility is disapproved. This notification (5) The person applying to receive the of disapproval will include: QS or IFQ currently exists. (i) The disapproved Application for (6) The transfer would not cause the Eligibility. person applying to receive the QS or (ii) An explanation of why the Appli- IFQ to exceed the use limits in § 679.42 cation for Eligibility was not approved. (e) or (f). (6) Reasons for disapproval. Reasons (7) The transfer would not violate the for disapproval of an Application for provisions of paragraph (g) of this sec- Eligibility may include, but are not tion. limited to:
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(i) Fewer than 150 days of experience QS blocks provided that the consoli- working as an IFQ crewmember. dated blocks do not represent greater (ii) Lack of compliance with the U.S. than 3,000 lbs (1.4 mt) of halibut IFQ citizenship or corporate ownership re- based on the preceding criteria. A con- quirements specified by the definition solidated block cannot be divided and of ‘‘person’’ at § 679.2. is considered a single block for pur- (iii) An incomplete Application for poses of use and transferability. The Eligibility. maximum number of QS units that (iv) Fines, civil penalties, or other may be consolidated into a single block payments due and owing, or outstand- in each IFQ regulatory area is as fol- ing permit sanctions, resulting from lows: Federal fishery violations. (i) Area 2C: 19,992 QS. (e) Transfers of QS blocks. (1) A QS (ii) Area 3A: 27,912 QS. block must be transferred as an undi- (iii) Area 3B: 44,193 QS. vided whole, unless the size of the QS (iv) Subarea 4A: 22,947 QS. block exceeds the use limits specified (v) Subarea 4B: 15,087 QS. at § 679.42. If the QS block to be trans- (vi) Subarea 4C: 30,930 QS. ferred exceeds the use limits specified (vii) Subarea 4D: 26,082 QS. at § 679.42, the Regional Administrator (viii) Subarea 4E: 0 QS. will divide the block into two blocks, (f) Transfer of QS or IFQ with restric- one block containing the maximum tions. If QS or IFQ must be transferred amount of QS allowable under the QS as a result of a court order, operation use limits and the other block contain- of law, or as part of a security agree- ing the residual QS. ment, but the person receiving the QS (2) QS blocks for the same IFQ regu- or IFQ by transfer does not meet all of latory area and vessel category that the eligibility requirements of this sec- represent less than 5,000 lb (2.3 mt) of tion, the Regional Administrator will sablefish IFQ, based on the 1996 TAC approve the Application for Transfer share for fixed gear sablefish in a spe- with restrictions. The Regional Admin- cific IFQ regulatory area and the QS istrator will not assign IFQ resulting pool for that IFQ regulatory area on from the restricted QS to any person. January 31, 1996, may be consolidated IFQ with restrictions may not be used into larger QS blocks provided that the for harvesting halibut or sablefish with consolidated blocks do not represent fixed gear. The QS or IFQ will remain greater than 5,000 lbs (2.3 mt) of sable- restricted until: fish IFQ based on the preceding cri- (1) The person who received the QS or teria. A consolidated block cannot be IFQ with restrictions meets the eligi- divided and is considered a single block bility requirements of this section and for purposes of use and transferability. the Regional Administrator approves The maximum number of QS units that an Application for Eligibility for that may be consolidated into a single QS person; or block in each IFQ regulatory area is as (2) The Regional Administrator ap- follows: proves the Application for Transfer (i) Southeast Outside district: 33,270 from the person who received the QS or QS. IFQ with restrictions to a person who (ii) West Yakutat district: 43,390 QS. meets the requirements of this section. (iii) Central Gulf area: 46,055 QS. (g) Transfer restrictions. (1) Except as (iv) Western Gulf area: 48,410 QS. provided in paragraph (f) or paragraph (v) Aleutian Islands subarea: 99,210 (g)(2) of this section, only persons who QS. are IFQ crew members or who were ini- (vi) Bering Sea subarea: 91,275 QS. tially issued QS assigned to vessel cat- (3) QS blocks for the same IFQ regu- egories B, C, or D, and meet the other latory area and vessel category that requirements in this section, may re- represent less than 3,000 lbs (1.4 mt) of ceive by transfer QS assigned to vessel halibut IFQ, based on the 1996 catch categories B, C, or D, or the IFQ result- limit for halibut in a specific IFQ regu- ing from it. latory area and the QS pool for that (2) Except as provided in paragraph IFQ regulatory area on January 31, (g)(3) of this section, only persons who 1996, may be consolidated into larger are IFQ crew members, and meet the
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other requirements in this section, area in which they do not hold QS may receive by transfer QS assigned to other than CDQ compensation QS, may vessel categories B, C, or D, or the IFQ use that CDQ compensation QS on any resulting from it, in IFQ regulatory catcher vessel. This exemption from area 2C for halibut or in the IFQ regu- catcher vessel categories ends upon the latory area east of 140° W. long. for sa- first transfer of the CDQ compensation blefish. QS. CDQ compensation QS being trans- (3) Individuals who were initially is- ferred will be permanently assigned to sued QS assigned to vessel categories a specific catcher vessel category as B, C, or D may transfer that QS to a designated by the person receiving the corporation that is solely owned by the transfer. same individual. Such transfers of QS (2) Redesignated catcher vessel category assigned to vessel categories B, C, or D (Applicable until February 24, 1997). in IFQ regulatory area 2C for halibut Catcher vessel QS transferred as par- or in the IFQ regulatory area east of tial or total consideration for the 140° W. long. for sablefish will be gov- transfer of CDQ compensation QS may erned by the use provisions of § 679.42(i); the use provisions pertaining be redesignated into a new catcher ves- to corporations at § 679.42(j) shall not sel category if the CDQ compensation apply. QS being transferred can be used on (4) The Regional Administrator will any catcher vessel pursuant to the ex- not approve an Application for Trans- emption in paragraph (i)(1) of this sec- fer of QS assigned to vessel categories tion and the person to which that CDQ B, C, or D subject to a lease or any compensation QS was issued is party to other condition of repossession or re- the transfer. sale by the person transferring QS, ex- (3) CDQ compensation QS definition. cept as provided in paragraph (h) of For purposes of this paragraph (i), CDQ this section, or by court order, oper- compensation QS is QS issued as com- ation of law, or as part of a security pensation for halibut and sablefish har- agreement. The Regional Adminis- vest privileges foregone due to the CDQ trator may request a copy of the sales Program, as provided in paragraph (j) contract or other terms and conditions of this section. of transfer between two persons as sup- (j) Compensation for CDQ allocations. plementary information to the transfer (1) The Regional Administrator will application. compensate persons that receive a re- (h) Transfer of IFQ. (1) Pursuant to duced halibut QS in IPHC regulatory paragraph (a) of this section, an Appli- areas 4B, 4C, 4D, or 4E because of the cation for Transfer must be approved halibut CDQ program by adding halibut by the Regional Administrator before a QS from IPHC regulatory areas 2C, 3A, person may use any IFQ that results 3B, and 4A. This compensation of hali- from a direct transfer to harvest hali- but QS from areas 2C, 3A, 3B, and 4A but or sablefish. After approving the will be allocated in proportion to the Application for Transfer, the Regional amount of halibut QS foregone due to Administrator will change any IFQ ac- counts affected by the approved trans- the CDQ allocation authorized by this fer and issue all necessary IFQ permits. section. (2) (Applicable until January 2, 1998). (2) The Regional Administrator will A person may transfer no more than 10 compensate persons that receive a re- percent of the total IFQ resulting from duced sablefish QS in any BSAI IFQ QS held by that person and assigned to regulatory area because of the sable- vessel categories B, C, or D for any IFQ fish CDQ program by taking sablefish species in any IFQ regulatory area to QS from the IFQ regulatory areas of one or more persons for any fishing the GOA and allocating it in propor- year. tion to the loss suffered by persons in (i) Transfer across catcher vessel cat- the BSAI area. Such additional com- egories—(1) CDQ compensation. Persons pensation of sablefish QS will be allo- issued CDQ compensation QS in a cated in proportion to the amount of catcher vessel category, pursuant to sablefish QS foregone due to the CDQ § 679.41(j), and in an IFQ regulatory allocation authorized by this section.
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(3) Persons initially issued QS for limitations on transfers of IFQ in para- IFQ regulatory areas in which a por- graph (g)(2) of this section. tion of the TAC is allocated to the CDQ [61 FR 31230, June 19, 1996, as amended at 61 Program will be compensated for hali- FR 33385, June 27, 1996; 61 FR 41526, Aug. 9, but and sablefish harvest privileges 1996; 61 FR 67964, Dec. 26, 1996] foregone due to the CDQ Program. If a person does not hold QS in an IFQ reg- § 679.42 Limitations on use of QS and ulatory area on the date the compensa- IFQ. tion is issued, that person’s compensa- (a) IFQ regulatory area and vessel cat- tion will be issued as unblocked. If a egory. The QS or IFQ specified for one person does hold QS in an IFQ regu- IFQ regulatory area must not be used latory area on the date compensation in a different IFQ regulatory area. Ex- is issued, that person’s compensation cept as provided in paragraph (k) of will be added to their existing QS in this section or in § 679.41(i)(1) of this that IFQ regulatory area. The result- part, the IFQ assigned to one vessel ing QS amount will be blocked or category must not be used to harvest unblocked according to the criteria IFQ species on a vessel of a different found at § 679.40(a). Compensation will vessel category. Notwithstanding be calculated for each non-CDQ area § 679.40(a)(5)(ii) of this part, IFQ as- using the following formula: signed to vessel Category B must not be used on any vessel less than or equal QN = (QC×QSPN×RATE)/(SUMCDQ¥ [RATE×SUM ]) to 60 ft (18.3 m) LOA to harvest IFQ TAC halibut in IFQ regulatory area 2C or ([1¥RATE]×TAC )(QSP × AVE C IFQ sablefish in the IFQ regulatory [CDQ RATE]) PCT¥ area east of 140° W. long. unless such Where: IFQ derives from blocked QS units that result in IFQ of less than 5,000 lb (2.3 QN = quota share in non-CDQ area mt), based on the 1996 TAC for fixed QC = quota share in CDQ area gear specified for the IFQ halibut fish- QSPN = quota share pool in non-CDQ area (as existing on January 31, 1995) ery and the IFQ sablefish fishery in
RATE = SUMCDQ/average of the TAC (1988– each of these two regulatory areas. 1994) for all CDQ and non-CDQ areas (b) Gear. Halibut IFQ must be used TACAVE = average of the TAC (1988–1994) for only to harvest halibut with fishing CDQ area gear authorized in § 679.2. Sablefish QSPC = quota share pool in CDQ area (as ex- fixed gear IFQ must not be used to har- isting on January 31, 1995) vest sablefish with trawl gear in any CDQPCT = CDQ percentage for CDQ area IFQ regulatory area, or with pot gear × SUMCDQ = sum [TACAVE CDQPCT] in any IFQ regulatory area of the GOA. SUMTAC = sum [TACAVE] (c) Requirements. Any individual who (k) Transfer to the surviving spouse. (1) harvests halibut or sablefish with fixed On the death of an individual who gear must: holds QS or IFQ, the surviving spouse (1) Have a valid IFQ card. receives all QS and IFQ held by the de- (2) Be aboard the vessel at all times cedent by right of survivorship, unless during fishing operations. a contrary intent was expressed by the (3) Sign any required fish ticket or decedent in a will that is probated. The IFQ landing report for the amount of Regional Administrator will approve halibut or sablefish that will be debited an Application for Transfer to the sur- against the IFQ associated with their viving spouse when sufficient evidence IFQ card. has been provided to verify the death of (i) Sablefish PRRs. The amount of sa- the individual. blefish to be reported to NMFS for (2) The Regional Administrator will debit from an IFQ account will be the approve, for 3 calendar years following round-weight equivalent determined by the date of death of an individual, an dividing the initial accurate scale Application for Transfer of IFQ from weight of the sablefish product ob- the surviving spouse to a person eligi- tained at time of landing by the stand- ble to receive IFQ under the provisions ard PRRs for sablefish in Table 3 to of this section, notwithstanding the this part.
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(ii) Halibut PRRs. The amount of hali- (ii) If that person, individually or but to be reported to NMFS for debit collectively, holds unblocked QS for a from an IFQ account will be the gut- species in an IFQ regulatory area, such ted, head-off weight determined by person may only hold one QS block for multiplying the initial accurate scale that species in that IFQ regulatory weight of the halibut obtained at the area. time of landing by the following con- (2) Holding or to hold blocks of QS. For version factors: purposes of this section, ‘‘holding’’ or ‘‘to hold’’ blocks of QS means being Product Conversion Product code description factor registered by NMFS as the person who received QS by initial assignment or 01 ...... Whole fish ...... 0.75 04 ...... Gutted, head on ...... 0.90 approved transfer. 05 ...... Gutted, head off ...... 1.00 (h) Vessel limitations—(1) Halibut. (i) Except as provided in paragraph (d) Emergency waiver. The require- (h)(1)(ii) of this section, no vessel may ment of paragraph (c) of this section be used, during any fishing year, to for an individual IFQ card holder to be harvest more than one-half percent of aboard the vessel during fishing oper- the combined total catch limits of hali- ations and to sign the IFQ landing re- but for IFQ regulatory areas 2C, 3A, 3B, port may be waived in the event of ex- 4A, 4B, 4C, 4D, and 4E. treme personal emergency involving (ii) In IFQ regulatory area 2C, no ves- the IFQ user during a fishing trip. The sel may be used to harvest more than 1 waiving of these requirements shall percent of the halibut catch limit for apply only to IFQ halibut or IFQ sable- this area. fish retained on the fishing trip during (2) Sablefish. (i) Except as provided in which such emergency occurred. paragraph (h)(2)(ii) of this section, no (e) Sablefish QS use. (1) No person, in- vessel may be used, during any fishing dividually or collectively, may use an amount of sablefish QS greater than 1 year, to harvest more than 1 percent of percent of the combined total sablefish the combined fixed gear TAC of sable- QS for the GOA and BSAI IFQ regu- fish for the GOA and BSAI IFQ regu- latory areas, unless the amount in ex- latory areas. cess of 1 percent was received in the (ii) In the IFQ regulatory area east of ° initial allocation of QS. 140 W. long., no vessel may be used to (2) In the IFQ regulatory area east of harvest more than 1 percent of the 140° W. long., no person, individually or fixed gear TAC of sablefish for this collectively, may use more than 1 per- area. cent of the total amount of QS for this (3) Excess. A person who receives an area, unless the amount in excess of 1 approved IFQ allocation of halibut or percent was received in the initial allo- sablefish in excess of these limitations cation of QS. may nevertheless catch and retain all (f) Halibut QS use. Unless the amount of that IFQ with a single vessel. How- in excess of the following limits was re- ever, two or more persons may not ceived in the initial allocation of hali- catch and retain their IFQs with one but QS, no person, individually or col- vessel in excess of these limitations. lectively, may use more than: (i) Use of IFQ resulting from QS as- (1) IFQ regulatory area 2C. 599,799 signed to vessel categories B, C, or D by units of halibut QS. individuals. In addition to the require- (2) IFQ regulatory areas 2C, 3A, and ments of paragraph (c) of this section, 3B. 1,502,823 units of halibut QS. IFQ cards issued for IFQ resulting from (3) IFQ regulatory areas 4A, 4B, 4C, 4D, QS assigned to vessel categories B, C, and 4E. 495,044 units of halibut QS. or D must be used only by the individ- (g) Limitations on QS blocks—(1) Num- ual who holds the QS from which the ber of blocks per species. (i) Except as associated IFQ is derived, except as provided in paragraph (g)(1)(ii) of this provided in paragraph (i)(1) of this sec- section, no person, individually or col- tion. lectively, may hold more than two (1) An individual who receives an ini- blocks for each species in any IFQ reg- tial allocation of QS assigned to vessel ulatory area. categories B, C, or D does not have to
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be on board and sign IFQ landing re- change in the corporation or partner- ports if that individual owns the vessel ship. on which IFQ sablefish or halibut are (3) The Regional Administrator must harvested, and is represented on the be notified of a change in a corporation vessel by a master employed by the in- or partnership as defined in this para- dividual who received the initial allo- graph (j) within 15 days of the effective cation of QS. date of the change. The effective date (2) The exemption provided in para- of change, for purposes of this para- graph (i)(1) of this section does not graph (j), is the date on which the new apply to individuals who receive an ini- shareholder(s) or partner(s) may realize tial allocation of QS assigned to vessel any corporate liabilities or benefits of categories B, C, or D for halibut in IFQ the corporation or partnership. regulatory area 2C or for sablefish QS (4) QS assigned to vessel categories in the IFQ regulatory area east of 140° B, C, or D and IFQ resulting from that W. long., and this exemption is not QS held in the name of a corporation or transferrable. partnership that changes, as defined in (j) Use of IFQ resulting from QS as- this paragraph, must be transferred to signed to vessel categories B, C, or D by an individual, as prescribed in § 679.41 corporations and partnerships. A cor- of this part, before it may be used at poration or partnership that receives any time after the effective date of the an initial allocation of QS assigned to change. vessel categories B, C, or D may use (k) Processing of fish other than IFQ the IFQ resulting from that QS and any halibut and IFQ sablefish. Fish other additional QS acquired within the limi- than IFQ halibut or IFQ sablefish may tations of this section provided the cor- be processed on a vessel on which per- poration or partnership owns the vessel sons: on which its IFQ is used, and it is rep- (1) Are authorized to harvest IFQ hal- resented on the vessel by a master em- ibut or IFQ sablefish based on alloca- ployed by the corporation or partner- tions of IFQ resulting from QS assigned ship that received the initial allocation to vessel category A; or of QS. This provision is not (2) Are authorized to harvest IFQ sa- transferrable and does not apply to QS blefish based on allocations of IFQ re- assigned to vessel categories B, C, or D sulting from QS assigned to vessel cat- for halibut in IFQ regulatory area 2C egories B or C unless any person aboard or for sablefish in the IFQ regulatory ° the vessel is authorized to harvest IFQ area east of 140 W. long. that is trans- halibut based on allocations of IFQ re- ferred to a corporation or partnership. sulting from QS assigned to vessel cat- Such transfers of additional QS within egories B, C, or D. these areas must be to an individual pursuant to § 679.41(c) of this part and [61 FR 31230, June 19, 1996, as amended at 61 be used pursuant to paragraphs (c) and FR 33385, June 27, 1996; 61 FR 43314, Aug. 22, (i) of this section. 1996; 62 FR 7948, Feb. 21, 1997; 62 FR 19690, (1) A corporation or partnership, ex- Apr. 23, 1997] cept for a publicly-held corporation, that receives an initial allocation of § 679.43 Determinations and appeals. QS assigned to vessel categories B, C, (a) General. This section describes the or D loses the exemption provided procedure for appealing initial admin- under paragraph (j) of this section on istrative determinations made under the effective date of a change in the this subpart as well as § 679.4(c), corporation or partnership from that § 679.4(g), and portions of subpart C of which existed at the time of initial al- this part that apply to the halibut and location. sablefish CDQ program. (2) For purposes of this paragraph (j), (b) Who may appeal. Any person ‘‘a change in the corporation or part- whose interest is directly and ad- nership’’ means the addition of any versely affected by an initial adminis- new shareholder(s) or partner(s), except trative determination may file a writ- that a court appointed trustee to act ten appeal. For purposes of this sec- on behalf of a shareholder or partner tion, such persons will be referred to as who becomes incapacitated is not a ‘‘applicant’’ or ‘‘appellant.’’
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(c) Submission of appeals. Appeals request for hearing, and has discretion must be in writing and must be submit- to proceed as follows: ted in original form to the Regional (1) Deny the appeal; Administrator. Contact the Regional (2) Issue a decision on the merits of Administrator for appeals address. Ap- the appeal, if the record contains suffi- peals transmitted by electronic means cient information on which to reach will not be accepted. final judgment; or (d) Timing of appeals. (1) If an appli- (3) Order that a hearing be con- cant appeals an initial administrative ducted. The appellate officer may so determination, the appeal must be filed order only if the appeal demonstrates not later than 60 days after the date the following: the determination is issued. (i) There is a genuine and substantial (2) The time period within which an issue of adjudicative fact for resolution appeal may be filed begins to run on at a hearing. A hearing will not be or- the date the initial administrative de- dered on issues of policy or law. termination is issued. If the last day of (ii) The factual issue can be resolved the time period is a Saturday, Sunday, by available and specifically identified or Federal holiday, the time period will reliable evidence. A hearing will not be extend to the close of business on the ordered on the basis of mere allega- next business day. tions or denials or general descriptions of positions and contentions. (e) Address of record. NMFS will es- (iii) The evidence described in the re- tablish as the address of record the ad- quest for hearing, if established at dress used by the applicant in initial hearing, would be adequate to justify correspondence to Chief, RAM Divi- resolution of the factual issue in the sion, after the application period has way sought by the applicant. A hearing begun. Notifications of all actions af- will not be ordered if the evidence de- fecting the applicant after establishing scribed is insufficient to justify the an address of record will be mailed to factual determination sought, even if that address, unless the applicant pro- accurate. vides NMFS, in writing, with any (iv) Resolution of the factual issue in changes to that address. NMFS bears the way sought by the applicant is ade- no responsibility if a notification is quate to justify the action requested. A sent to the address of record and is not hearing will not be ordered on factual received because the applicant’s actual issues that are not determinative with address has changed without notifica- respect to the action requested. tion to NMFS. (h) Types of hearings. If the appellate (f) Statement of reasons for appeals. officer determines that a hearing Applicants must timely submit a full should be held to resolve one or more written statement in support of the ap- genuine and substantial issues of adju- peal, including a concise statement of dicative fact, he/she may order: the reasons the initial administrative (1) A written hearing, as provided in determination has a direct and adverse paragraph (m) of this section; or effect on the applicant and should be (2) An oral hearing, as provided in reversed or modified. If the applicant paragraph (n) of this section. requests a hearing on any issue pre- (i) Authority of the appellate officer. sented in the appeal, such request for The appellate officer is vested with hearing must be accompanied by a con- general authority to conduct all hear- cise written statement raising genuine ings in an orderly manner, including and substantial issues of adjudicative the authority to: fact for resolution and a list of avail- (1) Administer oaths. able and specifically identified reliable (2) Call and question witnesses. evidence upon which the factual issues (3) Issue a written decision based on can be resolved. The appellate officer the record. will limit his/her review to the issues (j) Evidence. All evidence that is rel- stated in the appeal; all issues not set evant, material, reliable, and probative out in the appeal will be waived. may be included in the record. Formal (g) Hearings. The appellate officer rules of evidence do not apply to hear- will review the applicant’s appeal and ings conducted under this section.
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(k) Appellate officers’ decisions. The (3) The appellate officer may, after appellate officer will close the record reviewing the appellant’s written re- and issue a decision after determining sponse and documentary evidence: there is sufficient information to (i) Order that an oral hearing be held, render a decision on the record of the as provided in paragraph (h)(2) of this proceedings and that all procedural re- section, to resolve issues that cannot quirements have been met. The deci- be resolved through the written hear- sion must be based solely on the record ing process; of the proceedings. Except as provided (ii) Request supplementary evidence in paragraph (o) of this section, an ap- from the appellant before closing the pellate officer’s decision takes effect 30 record; or days after it is issued and, upon taking (iii) Close the record. effect, is the final agency action for (4) The appellate officer will close the purposes of judicial review. record and issue a decision after deter- (l) Disqualification of an appellate offi- mining that the information on the cer. (1) The appellate officer will with- record is sufficient to render a deci- draw from an appeal at any time he/she sion. deems himself/herself disqualified. (n) Oral hearing. (1) The appellate of- (2) The appellate officer may with- ficer may order an oral hearing under draw from an appeal on an appellant’s paragraphs (h)(2) and (m)(3)(i) of this motion if: section if he/she: (i) The motion is entered prior to the (i) Orders a hearing as provided in appellate officer’s issuance of a deci- paragraph (g)(3) of this section; and sion; and (ii) Determines that the issues to be (ii) The appellant demonstrates that resolved at hearing can best be re- the appellate officer has a personal solved through the oral hearing proc- bias or any other basis for disqualifica- ess. tion. (2) After ordering an oral hearing, (3) If the appellate officer denies a the appellate officer will: motion to withdraw, he/she will so rule (i) Provide the appellant with notifi- on the record. cation that an oral hearing has been (m) Written hearing. (1) An appellate ordered. officer may order a written hearing (ii) Provide the appellant with a under paragraph (h)(1) of this section if statement of issues to be determined at he/she: hearing. (i) Orders a hearing as provided in (iii) Provide the appellant with noti- paragraph (g)(3) of this section; and fication, at least 30 days in advance, of (ii) Determines that the issues to be the place, date, and time of the oral resolved at hearing can be resolved by hearing. Oral hearings will be held in allowing the appellant to present writ- Juneau, AK, at the prescribed date and ten materials to support his/her posi- time, unless the appellate officer deter- tion. mines, based upon good cause shown, (2) After ordering a written hearing, that a different place, date, or time the appellate officer will: will better serve the interests of jus- (i) Provide the appellant with notifi- tice. A continuance of the oral hearing cation that a written hearing has been may be ordered at the sole discretion of ordered. the appellate officer if the appellant (ii) Provide the appellant with a shows good cause for the continuance. statement of issues to be determined at (3) The appellate officer may, either hearing. at his/her own discretion or on the mo- (iii) Provide the appellant with 30 tion of the appellant, order a pre-hear- days to file a written response. The ap- ing conference, either in person or tele- pellant may also provide documentary phonically, to consider: evidence to support his/her position. (i) The simplification of issues. The period to file a written response (ii) The possibility of obtaining stip- may be extended at the sole discretion ulations, admissions of facts, and of the appellate officer, if the appellant agreements to the introduction of doc- shows good cause for the extension. uments.
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(iii) The possibility of settlement or (3) The Regional Administrator must other means to facilitate resolution of provide a written explanation why an the case. appellate officer’s decision has been re- (iv) Such other matters as may aid in versed, modified, or remanded. the disposition of the proceedings. (4) The Regional Administrator must (4) The appellate officer must provide promptly notify the appellant(s) of any the appellant with notification of a action taken under this paragraph (o). pre-hearing conference, if one is or- (5) The Regional Administrator’s de- dered, at least 30 days in advance of the cision to affirm, reverse, or modify an conference. All action taken at the pre- appellate officer’s decision is a final hearing conference will be made part of agency action for purposes of judicial the record. review. (5) At the beginning of the oral hear- ing, the appellate officer may first seek [61 FR 31230, June 19, 1996, as amended at 62 to obtain stipulations as to material FR 17753, Apr. 11, 1997] facts and the issues involved and may state any other issues on which he/she § 679.44 Penalties. may wish to have evidence presented. Any person committing, or a fishing Issues to be resolved at the hearing vessel used in the commission of, a vio- will be limited to those identified by lation of the Magnuson-Stevens Act or the appellate officer as provided in Halibut Act, or any regulation issued paragraph (g)(3) of this section. The ap- under the Magnuson-Stevens Act or pellant will then be given an oppor- Halibut Act, is subject to the civil and tunity to present his/her case. criminal penalty provisions and civil (6) During the oral hearing, the ap- forfeiture provisions of the Magnuson- pellant has the right to present reliable Stevens Act or Halibut Act, to part 600 and material oral or documentary evi- of this chapter, to 15 CFR part 904 dence and to conduct such cross-exam- (Civil Procedures), and to other appli- ination as may be required in the inter- cable law. Penalties include but are not ests of justice. limited to permanent or temporary (7) After the conclusion of the oral sanctions to QS and associated IFQ. hearing, the appellant may be given time by the appellate officer to submit Subpart E—Groundfish Observer any supplementary information that may assist in the resolution of the Program case. (8) The appellate officer will close the SOURCE: 61 FR 56431, Nov. 1, 1996, unless record and issue a decision after deter- otherwise noted. mining that the information on the record is sufficient to render a deci- § 679.50 Groundfish Observer Program sion. applicable through December 31, 1997. (o) Review by the Regional Adminis- trator. An appellate officer’s decision is (a) General. Operators of vessels pos- subject to review by the Regional Ad- sessing a Federal fisheries permit ministrator, as provided in this para- under § 679.4(b)(1) and processors that graph (o). possess a Federal processor permit (1) The Regional Administrator may under § 679.4(f)(1), must comply with affirm, reverse, modify, or remand the this section. The owner of a fishing appellate officer’s decision before the vessel subject to this part or a proc- 30-day effective date of the decision essor subject to this part must ensure provided in paragraph (k) of this sec- that the operator or manager complies tion. with this section and is jointly and sev- (2) The Regional Administrator may erally liable for such compliance. Ob- take any of these actions on or after server coverage requirements specified the 30-day effective date by issuing a under this section are in addition to stay of the decision before the 30-day observer coverage requirements speci- effective date. An action taken under fied at § 679.32(c) for vessel operators paragraph (o)(1) of this section takes and processors participating in CDQ effect immediately. fisheries.
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(b) Purpose. The purpose of the paragraph (c)(2) of this section in Groundfish Observer Program is to which the vessel participates. allow observers to collect Alaska fish- (vi) A catcher/processor or catcher eries data deemed by the Regional Ad- vessel fishing with hook-and-line gear ministrator to be necessary and appro- that is required to carry an observer priate for management, compliance under paragraph (c)(1)(v) of this section monitoring, and research of groundfish must carry an observer at all times fisheries and for the conservation of during at least one fishing trip in the marine resources or their environment. Eastern Regulatory Area of the GOA (c) Observer requirements for vessels. (1) during each calendar quarter in which Observer coverage is required as fol- the vessel participates in a directed lows: fishery for groundfish in the Eastern (i) A mothership of any length that Regulatory Area. processes 1,000 mt or more in round (vii) A catcher/processor or catcher weight or round-weight equivalent of vessel equal to or greater than 60 ft groundfish during a calendar month is (18.3 m) LOA fishing with pot gear that required to have an observer aboard participates for more than 3 fishing the vessel each day it receives or proc- days in a directed fishery for ground- esses groundfish during that month. fish in a calendar quarter must carry (ii) A mothership of any length that an observer during at least 30 percent processes from 500 mt to 1,000 mt in of its fishing days in that calendar round weight or round-weight equiva- quarter and at all times during at least lent of groundfish during a calendar one fishing trip in a calendar quarter month is required to have an observer for each of the groundfish fishery cat- aboard the vessel at least 30 percent of egories defined under paragraph (c)(2) the days it receives or processes of this section in which the vessel par- groundfish during that month. ticipates. (iii) Each mothership that receives (viii) Red King Crab Savings Area. (A) pollock harvested by catcher vessels in Any catcher/processor or catcher vessel the catcher vessel operational area used to fish for groundfish in the Red during the second pollock season that King Crab Savings area must carry an starts on September 1 under observer during 100 percent of its fish- § 679.23(e)(2) is required to have a sec- ing days in which the vessel uses pe- ond observer aboard, in addition to the lagic trawl gear, pot, jig, or longline observer required under paragraphs gear. (c)(1) (i) and (ii) of this section, for (B) Any catcher/processor or catcher each day of the second pollock season vessel used to fish for groundfish in the until the chum salmon savings area is Red King Crab Savings Subarea and closed under § 679.21(e)(7)(vi), or Octo- subject to this subarea being open to ber 15, whichever occurs first. vessels fishing for groundfish with non- (iv) A catcher/processor or catcher pelagic trawl gear under vessel 125 ft (38.1 m) LOA or longer § 679.21(e)(3)(ii)(B), must carry an ob- must carry an observer during 100 per- server during 100 percent of its fishing cent of its fishing days except for a ves- days in which the vessel uses non-pe- sel fishing for groundfish with pot gear lagic trawl gear. as provided in paragraph (c)(1)(vii) of (ix) Nearshore Bristol Bay Trawl Clo- this section. sure. Any catcher/processor or catcher (v) A catcher/processor or catcher vessel used to fish for groundfish in the vessel equal to or greater than 60 ft Nearshore Bristol Bay Trawl Closure (18.3 m) LOA, but less than 125 ft (38.1 area must carry an observer during 100 m) LOA, that participates for more percent of its fishing days in which the than 3 fishing days in a directed fishery vessel uses trawl gear. for groundfish in a calendar quarter (2) Groundfish fishery categories requir- must carry an observer during at least ing separate coverage. Directed fishing 30 percent of its fishing days in that for groundfish, during any fishing trip, calendar quarter and at all times dur- that results: ing at least one fishing trip in that cal- (i) Pollock fishery. In a retained catch endar quarter for each of the ground- of pollock that is greater than the re- fish fishery categories defined under tained catch of any other groundfish
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species or species group that is speci- gional Administrator for that week by fied as a separate groundfish fishery the mothership under § 679.5(i). under this paragraph (c)(2). (iii) Catcher vessel delivery in Alaska (ii) Pacific cod fishery. In a retained State waters. A catcher vessel that de- catch of Pacific cod that is greater livers groundfish to a shoreside proc- than the retained catch of any other essor or to a mothership processor ves- groundfish species or species group sel in Alaska State waters will be as- that is specified as a separate ground- signed to a fishery category based on fish fishery under this paragraph (c)(2). the retained groundfish catch composi- (iii) Sablefish fishery. In a retained tion reported on one or more ADF&G catch of sablefish that is greater than fish tickets as required under Alaska the retained catch of any other ground- Statutes at A.S. 16.05.690. fish species or species group that is (d) Observer requirements for shoreside specified as a separate groundfish fish- processors. Observer coverage is re- ery under this paragraph (c)(2). quired as follows. A shoreside processor (iv) Rockfish fishery. In a retained ag- that: gregate catch of rockfish of the genera (1) Processes 1,000 mt or more in Sebastes and Sebastolobus that is greater round weight or round weight equiva- than the retained catch of any other lent of groundfish during a calendar groundfish species or species group month is required to have an observer present at the facility each day it re- that is specified as a separate ground- ceives or processes groundfish during fish fishery under this paragraph (c)(2). that month. (v) In a retained ag- Flatfish fishery. (2) Processes 500 mt to 1,000 mt in gregate catch of all flatfish species, ex- round weight or round-weight equiva- cept Pacific halibut, that is greater lent of groundfish during a calendar than the retained catch of any other month is required to have an observer groundfish species or species group present at the facility at least 30 per- that is specified as a separate ground- cent of the days it receives or processes fish fishery under this paragraph (c)(2). groundfish during that month. (vi) Other species fishery. In a retained (3) Offloads pollock at more than one catch of groundfish that does not qual- location on the same dock and has dis- ify as a pollock, Pacific cod, sablefish, tinct and separate equipment at each rockfish, or flatfish fishery as defined location to process those pollock and under paragraphs (c)(2) (i) through (v) that receives pollock harvested by of this section. catcher vessels in the catcher vessel (3) Assignment of vessels to fisheries. At operational area during the second pol- the end of any fishing trip, a vessel’s lock season that starts on September 1, retained catch of groundfish species or under § 679.23(e)(2), is required to have species groups for which a TAC has an observer, in addition to the observer been specified under § 679.20, in round required under paragraphs (d) (1) and weight or round-weight equivalent, will (2) of this section, at each location determine to which fishery category where pollock is offloaded, for each day listed under paragraph (c)(2) of this of the second pollock season until the section the vessel is assigned. chum salmon savings area is closed (i) Catcher/processors. A catcher/proc- under § 679.21(e)(7)(vi), or October 15, essor will be assigned to a fishery cat- whichever occurs first. egory based on the retained groundfish (e) Inseason adjustments in observer catch composition reported on the ves- coverage requirements. sel’s weekly production report submit- (1) The Regional Administrator may ted to the Regional Administrator adjust the observer coverage require- under § 679.5(i). ments set out under paragraphs (c) and (ii) Catcher vessel delivery in Federal (d) of this section at any time to im- waters. A catcher vessel that delivers prove the accuracy, reliability, and to a mothership in Federal waters will availability of observer data, so long as be assigned to a fishery category based the changes are based on one or more on the retained groundfish catch com- of the following: position reported on the weekly pro- (i) A finding that fishing methods, duction report submitted to the Re- times, or areas, or catch or bycatch
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composition for a specific fishery or sonal computer in working condition fleet component have changed signifi- that contains a full 486DX 66Mhz or cantly, or are likely to change signifi- greater capacity processing chip, at cantly. least 16 megabytes of RAM, at least 75 (ii) A finding that such modifications megabytes of free hard disk storage, are necessary to improve data avail- DOS version 6.0 or a successor version ability or quality in order to meet spe- of the DOS operating system, Windows cific fishery management objectives. 3.1, 3.11, or Windows95 (or equivalent (2) Procedure. Observer coverage re- and compatible software approved by quirements may be adjusted in accord- NMFS), a mouse, and a 3.5-inch floppy ance with § 679.25(c). NMFS must pub- disk drive. The computer equipment lish changes in observer coverage re- specified in this paragraph (B) must be quirements in the FEDERAL REGISTER, connected to either an INMARSAT with the reasons for the changes and Standard C unit capable of transmit- any special instructions to vessels or ting binary files or a communication shoreside processors required to carry device that provides a point-to-point observers, at least 10 calendar days modem connection to the NMFS host prior to their effective date. computer and supports one or more of (f) Responsibilities—(1) Vessel respon- the following protocols: ITU V.22, ITU sibilities. An operator of a vessel re- V.22bis, ITU V.32, ITU V.32bis, or ITU quired to carry one or more observers V.34. Those processors that use other must: than an INMARSAT Standard C unit (i) Accommodations and food. Provide, must have at least a 28.8kbs Hayes- at no cost to observers or the United compatible modem. The above-speci- States, accommodations and food on fied hardware and software require- the vessel for the observer or observers ments do not apply to processors that that are equivalent to those provided do not process groundfish. for officers, engineers, foremen, deck- (2) NMFS-supplied Software. Ensuring bosses or other management level per- that each mothership that is required sonnel of the vessel. to have a second observer aboard under (ii) Safe conditions. (A) Maintain safe paragraph (c)(iii) of this section, ob- conditions on the vessel for the protec- tains the data entry software provided tion of observers including adherence by the Regional Administrator for use to all U.S. Coast Guard and other ap- by the observer. plicable rules, regulations, or statutes (C) Functional and operational equip- pertaining to safe operation of the ves- ment. Ensuring that the communica- sel. tion equipment that is on motherships (B) Have on board: as specified at paragraph (f)(1)(iii)(B) of (1) A valid Commercial Fishing Ves- this section, and that is used by ob- sel Safety Decal issued within the past servers to enter and transmit data, is 2 years that certifies compliance with fully functional and operational. regulations found in 33 CFR Chapter I (iv) Vessel position. Allow observers and 46 CFR Chapter I; access to, and the use of, the vessel’s (2) A certificate of compliance issued navigation equipment and personnel, pursuant to 46 CFR 28.710; or on request, to determine the vessel’s (3) A valid certificate of inspection position. pursuant to 46 U.S.C. 3311. (v) Access. Allow observers free and (iii) Transmission of data. Facilitate unobstructed access to the vessel’s transmission of observer data by: bridge, trawl or working decks, holding (A) Observer use of equipment. Allow- bins, processing areas, freezer spaces, ing observers to use the vessel’s com- weight scales, cargo holds, and any munication equipment and personnel, other space that may be used to hold, on request, for the entry, transmission, process, weigh, or store fish or fish and receipt of work-related messages, products at any time. at no cost to the observers or the Unit- (vi) Prior notification. Notify observ- ed States. ers at least 15 minutes before fish are (B) Communication equipment require- brought on board, or fish and fish prod- ments—(1) Hardware and software. Pro- ucts are transferred from the vessel, to viding for use by the observer a per- allow sampling the catch or observing
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the transfer, unless the observers spe- ceipt of groundfish prior to receipt of cifically request not to be notified. those fish. (vii) Records. Allow observers to in- (iii) Transmission of data. Facilitate spect and copy the vessel’s DFL, DCPL, transmission of observer data by: product transfer forms, any other log- (A) Observer use of equipment. Allow- book or document required by regula- ing observers to use the shoreside proc- tions, printouts or tallies of scale essor’s communication equipment and weights, scale calibration records, bin personnel, on request, for the entry, sensor readouts, and production transmission, and receipt of work-re- records. lated messages, at no cost to the ob- (viii) Assistance. Provide all other servers or the United States. reasonable assistance to enable observ- (B) Communication equipment require- ers to carry out their duties, including, ments—(1) Hardware and software. Mak- but not limited to: ing available for use by the observer a (A) Measuring decks, codends, and personal computer in working condi- holding bins. tion that contains a full 486DX 66Mhz (B) Providing the observers with a or greater capacity processing chip, at safe work area adjacent to the sample least 16 megabytes of RAM, at least 75 collection site. megabytes of free hard disk storage, (C) Collecting bycatch when re- DOS version 6.0 or a successor version quested by the observers. of the DOS operating system, Windows (D) Collecting and carrying baskets 3.1, 3.11, or Windows95 (or equivalent of fish when requested by observers. and compatible software approved by (E) Allowing observers to determine NMFS), at least a 28.8kbs Hayes-com- the sex of fish when this procedure will patible modem, a mouse, and a 3.5-inch not decrease the value of a significant floppy disk drive. The computer equip- portion of the catch. ment specified in this paragraph (B) (ix) Transfer at sea. (A) Ensure that must be connected to a communication transfers of observers at sea via small device that provides a point-to-point boat or raft are carried out during day- modem connection to the NMFS host light hours, under safe conditions, and computer and supports one or more of with the agreement of observers in- the following protocols: ITU V.22, ITU volved. V.22bis, ITU V.32, ITU V.32bis, or ITU (B) Notify observers at least 3 hours V.34. The above-specified hardware and before observers are transferred, such software requirements do not apply to that the observers can collect personal processors that do not process ground- belongings, equipment, and scientific fish. samples. (2) NMFS-supplied software. Ensuring (C) Provide a safe pilot ladder and that each shoreside processor that is conduct the transfer to ensure the safe- required to have an additional observer ty of observers during transfers. under paragraph (d)(3) of this section, (D) Provide an experienced crew obtains the data entry software pro- member to assist observers in the vided by the Regional Administrator small boat or raft in which any trans- for use by the observer. fer is made. (C) Functional and operational equip- (2) Shoreside processor responsibilities. ment. Ensuring that the communica- A manager of a shoreside processor tion equipment that is in the shoreside must do the following: processor as specified at paragraph (i) Safe conditions. Maintain safe con- (f)(2)(iii)(B) of this section and that is ditions at the shoreside processing fa- used by observers to transmit data is cility for the protection of observers by fully functional and operational. adhering to all applicable rules, regula- (iv) Access. Allow observers free and tions, or statutes pertaining to safe op- unobstructed access to the shoreside eration and maintenance of the proc- processor’s holding bins, processing essing facility. areas, freezer spaces, weight scales, (ii) Operations information. Notify the warehouses, and any other space that observers, as requested, of the planned may be used to hold, process, weigh, or facility operations and expected re- store fish or fish products at any time.
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(v) Document access. Allow observers chasing raw or processed products from to inspect and copy the shoreside proc- these vessels or shoreside facilities. essor’s DCPL, product transfer forms, (2) May not solicit or accept, directly any other logbook or document re- or indirectly, any gratuity, gift, favor, quired by regulations; printouts or tal- entertainment, loan, or anything of lies of scale weights; scale calibration monetary value from anyone who con- records; bin sensor readouts; and pro- ducts activities that are regulated by duction records. NMFS, or who has interests that may (vi) Assistance. Provide all other rea- be substantially affected by the per- sonable assistance to enable the ob- formance or nonperformance of the ob- server to carry out his or her duties, servers’ official duties. including, but not limited to: (3) May not serve as observers on any (A) Assisting the observer in moving vessel or at any shoreside facility and weighing totes of fish. owned or operated by a person who pre- (B) Cooperating with product recov- viously employed the observers. ery tests. (4) May not serve as observers during (C) Providing a secure place to store the 12 consecutive months immediately baskets of sampling gear. following the last day of the observer’s (g) Procurement of observer services. employment in a North Pacific fishery. Owners of vessels or shoreside proc- (5) May not solicit or accept employ- essors required to carry observers ment as a crew member or an employee under paragraphs (c) and (d) of this sec- of a vessel or shoreside processor in a tion must arrange for observer services North Pacific fishery while under con- from an observer contractor or con- tract with an observer contractor. tractors. A list of observer contractors (B) Provisions for remuneration of is available upon request from the Ob- observers under this section do not server Program Office. constitute a conflict of interest under (h) Certification and decertification of this paragraph (h)(2). observers—(1) Certification of observers— (ii) Standards of behavior. Observers (i) Requirements. NMFS will certify in- must avoid any behavior that could ad- dividuals who: versely affect the confidence of the (A) Meet education and/or experience public in the integrity of the Observer standards available from the Observer Program or of the government, includ- Program Office. ing but not limited to the following: (B) Have successfully completed a (A) Observers must diligently per- NMFS-approved observer training and/ form their assigned duties. or briefing as prescribed by NMFS and (B) Observers must accurately record available from the Observer Program their sampling data, write complete re- Office. ports, and report honestly any sus- (C) Have not been suspended or decer- pected violations of regulations rel- tified under paragraph (j) of this sec- evant to conservation of marine re- tion. sources or their environment that are (ii) Term. An observer’s certification observed. expires upon completion of a deploy- (C) Observers must not disclose col- ment. Observers can be decertified or lected data and observations made on suspended by NMFS under paragraph board the vessel or in the processing fa- (j) of this section. cility to any person except the owner (2) Standards of observer conduct—(i) or operator of the observed vessel or Conflict of interest. processing facility, an authorized offi- (A) Observers: cer, or NMFS. (1) May not have a direct financial (D) Observers must refrain from en- interest, other than the provision of gaging in any illegal actions or any observer services, in a North Pacific other activities that would reflect neg- fishery, including, but not limited to, atively on their image as professional vessels or shoreside facilities involved scientists, on other observers, or on the in the catching or processing of the Observer Program as a whole. This in- products of the fishery, concerns sell- cludes, but is not limited to: ing supplies or services to these vessels (1) Engaging in excessive drinking of or shoreside facilities, or concerns pur- alcoholic beverages;
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(2) Engaging in the use or distribu- shoreside processor for more than 90 tion of illegal drugs; or days in a 12-month period. (3) Becoming physically or emotion- (B) A deployment cannot exceed 90 ally involved with vessel or processing days. facility personnel. (C) A deployment cannot include as- (i) Certification and decertification of signments to more than four vessels observer contractors—(1) Certification of and/or shoreside processors. observer contractors—(i) Application. An (vi) Supplying alternate observers or applicant seeking to become an ob- prospective observers if one or more server contractor must submit an ap- observers or prospective observers are plication to the Regional Adminis- not approved by NMFS, fail to success- trator describing the applicant’s abil- fully complete observer training or ity to carry out the responsibilities briefing, are injured and must be re- and duties of an observer contractor as placed, or resign prior to completion of set out in paragraph (i)(2) of this sec- duties. tion and the arrangements and meth- (vii) Maintaining communications ods to be used. Observer contractors with observers at sea and shoreside fa- certified prior to January 1, 1997, are cilities. Each observer contractor must exempt from submitting an applica- have an employee responsible for ob- tion. server activities on call 24 hours a day (ii) Selection. The Regional Adminis- to handle emergencies involving ob- trator may select one or more observer servers, or problems concerning ob- contractors based on the information server logistics, whenever observers are submitted by applicants under para- at sea, stationed at shoreside facilities, graph (i)(1)(i) of this section and on in transit, or in port awaiting board- other selection criteria that are avail- ing. able from the Observer Program Office. (viii) In cooperation with vessel or (iii) Term. Observer contractors will be certified through December 31, 1997. processing facility owners, ensuring Observer contractors can be decertified that all observers’ in-season catch mes- or suspended by NMFS under para- sages and other required transmissions graph (j) of this section. between observers and NMFS are deliv- ered to NMFS within a time specified (2) Responsibilities and duties of ob- by the Regional Administrator. server contractors include but are not limited to the following: (ix) Ensuring that observers complete (i) Recruiting, evaluating, and hiring mid-deployment data reviews when re- qualified candidates to serve as observ- quired. ers, including minorities and women. (x) Ensuring that observers complete (ii) Ensuring that only observers pro- debriefing as soon as possible after the vide observer services. completion of their deployment and at (iii) Providing observers as requested locations specified by the Regional Ad- by vessels and processors to fulfill re- ministrator. quirements under paragraphs (c) and (xi) Ensuring all data, reports, and (d) of this section. biological samples from observer de- (iv) Providing observers’ salary, ben- ployments are complete and submitted efits and personnel services in a timely to NMFS at the time of the debriefing manner. interview. (v) Providing all logistics to place (xii) Ensuring that all sampling and and maintain the observers aboard the safety gear are returned to the Ob- fishing vessels or at the site of the server Program Office and that any processing facility. This includes all gear and equipment lost or damaged by travel arrangements, lodging and per observers is replaced according to diem, and any other services required NMFS requirements. to place observers aboard vessels or at (xiii) Monitoring observers’ perform- processing facilities. Unless alternative ance to ensure satisfactory execution arrangements are approved by the Ob- of duties by observers and observer server Program Office: conformance with NMFS’ standards of (A) Observers must not be deployed observer conduct under paragraph on the same vessel or at the same (h)(2) of this section.
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(xiv) Providing the following infor- holder if insurance coverage is changed mation to the Observer Program Office or cancelled: by electronic transmission (e-mail) or (1) Maritime Liability to cover ‘‘sea- by fax. men’s’’ claims under the Merchant Ma- (A) Observer training registration rine Act (Jones Act) and General Mari- consisting of a list of individuals to be time Law ($1 million minimum). hired upon approval by NMFS and a (2) Coverage under the U.S. copy of each person’s academic tran- Longshore and Harbor Workers’ Com- scripts, resume, and application for ob- pensation Act ($1 million minimum). server employment. The list must in- (3) States Workers’ Compensation as clude the person’s name and sex. The required. person’s social security number is re- (4) Contractual General Liability. quested. Observer briefing registration (F) Notification that, based upon a consisting of a list of the observer’s physical examination during the 12 name, requested briefing class date, months prior to an observer’s deploy- and briefing location. If the Observer ment, an examining physician has cer- Program Office has excused an observer tified that an observer does not have from attending a briefing, the briefing any health problems or conditions that registration must also include the would jeopardize the observer’s safety names of observers excused from brief- or the safety of others while deployed, ing, the date the observer was excused, or prevent the observer from perform- and the name of the NMFS staff person ing his or her duties satisfactorily, and granting the excuse. This information that prior to examination, the certify- must be submitted to the Observer Pro- ing physician was made aware of the gram Office at least 5 working days dangerous, remote and rigorous nature prior to the beginning of a scheduled of the work. This information, includ- observer certification training or brief- ing the date of the physical examina- ing session. tion, must be submitted prior to the completion of the training or briefing (B) Projected observer assignments session. that include the observer’s name; ves- (G) A copy of each type of signed and sel or shoreside processor assignment, valid contract an observer contractor type, and code; port of embarkation; has with those entities requiring ob- target species; and area of fishing. This server services under paragraphs (c) information must be submitted to the and (d) of this section and with observ- Observer Program Office prior to the ers. Copies of contracts with specific completion of the training or briefing entities requiring observer services or session. with specific observers must be submit- (C) Observer deployment/logistics re- ted to the Observer Program Office ports that include the observer’s name, upon request. cruise number, current vessel or shore- (H) Reports of observer harassment, side processor assignment and code, concerns about vessel or processor safe- embarkation date, and estimated and ty, or observer performance problems actual disembarkation dates. This in- must be submitted within 24 hours formation must be submitted weekly after the observer contractor becomes as directed by the Observer Program aware of the problem. Office. (3) Conflict of interest. Observer con- (D) Observer debriefing registration tractors: that includes the observer’s name, (i) Must not have a direct financial cruise number, vessel or shoreside interest, other than the provision of processor name(s), and requested de- observer services, in a North Pacific briefing date. fishery, including, but not limited to, (E) Copies of ‘‘certificates of insur- vessels or shoreside facilities involved ance’’ that name the NMFS Observer in the catching or processing of the Program Task Leader as a ‘‘certificate products of the fishery, concerns sell- holder’’. The certificates of insurance ing supplies or services to these vessels shall verify the following coverage pro- or shoreside facilities, or concerns pur- visions and state that the insurance chasing raw or processed products from company will notify the certificate these vessels or shoreside facilities.
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(ii) Must assign observers without re- (iii) Suspension or decertification of gard to any preference by representa- observer contractors includes all divi- tives of vessels and shoreside facilities sions or other organizational elements based on observer race, gender, age, re- of observer contractors, unless the sus- ligion, or sexual orientation. pension or decertification decision is (iii) Must not solicit or accept, di- limited by its terms to specific divi- rectly or indirectly, any gratuity, gift, sions or organizational elements. The favor, entertainment, loan, or anything suspending or decertifying official of monetary value from anyone who may, at his or her sole discretion, in- conducts activities that are regulated clude any affiliates of observer con- by NMFS, or who has interests that tractors if they are specifically named may be substantially affected by the and given written notice of the suspen- performance or nonperformance of the sion or proposed decertification and an official duties of observer contractors. opportunity to respond under para- (j) Suspension and Decertification Proc- graph (j)(5)(iii)(B) or (j)(6)(iii)(C) of this ess—(1) Applicability. This paragraph (j) section. sets forth the procedures for suspen- (5) Suspension—(i) General. (A) The sion and decertification of observers suspending official may, in the public and observer contractors under this interest, suspend observers or observer section. contractors for any of the causes in paragraph (j)(5)(ii) of this section, (2) Policy. (i) NMFS must certify re- using the procedures in paragraph sponsible and qualified observers and (j)(5)(iii) of this section. observer contractors only. Suspension (B) Suspension may be imposed on and decertification are discretionary the basis of adequate evidence, pending actions that, taken in accordance with the completion of investigation or this section, are appropriate means to legal proceedings, when NMFS deter- effectuate this policy. mines that immediate action is nec- (ii) The serious nature of suspension essary. In assessing the adequacy of and decertification requires that these the evidence, the suspending official actions be taken only in the public in- should consider how much information terest for the promotion of fishery con- is available, how credible it is given servation and management and not for the circumstances, whether or not im- purposes of punishment. NMFS may portant allegations are corroborated, impose suspension or decertification and what inferences can reasonably be only for the causes and in accordance drawn as a result. with the procedures set forth in this (ii) Causes for suspension. The sus- section. pending official may suspend observers (iii) In addition to suspension and de- or observer contractors: certification, observers and observer (A) Upon a determination, based contractors who violate provisions of upon adequate evidence, that observers this part may be subject to penalties, or observer contractors committed any fines, and other sanctions as author- acts or omissions constituting a cause ized by law. for decertification under paragraph (3) Public availability of suspension or (j)(6)(ii) of this section; or decertification records. Public availabil- (B) Upon indictment for any of the ity of suspension or decertification causes for decertification in records will depend upon the provisions (j)(6)(ii)(A)(1) or (j)(6)(ii)(B)(1) of this of the Freedom of Information Act and section. other applicable law. (iii) Procedures—(A) Review. The sus- (4) Effect and timing of suspension or pending official must review all avail- decertification. (i) Observers or observer able evidence and must promptly de- contractors decertified or suspended termine whether or not to proceed with must not provide services prescribed by suspension. The suspending official this section to vessels and shoreside may refer the matter to the NMFS in- processors. vestigator for further investigation, or (ii) Suspension and decertification to the decertifying officer. actions may be combined and imposed (B) Notice of suspension. When observ- simultaneously. ers or observer contractors and any
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specifically named affiliates are sus- additional documentary evidence upon pended, they must be immediately ad- a showing that such documentary evi- vised personally or by certified mail, dence was unavailable during the 30- return receipt requested, at the last day period following receipt of the no- known residence or place of business: tice of suspension. (1) That they have been suspended (2) May, at his or her sole discretion, and that the suspension is based on an afford observers or observer contrac- indictment or other adequate evidence tors an opportunity to appear in per- that observers or observer contractors son, present witnesses, and confront have committed acts or omissions con- any person NMFS presents. The sus- stituting grounds for suspension under pending official must make an audio (j)(5)(ii) of this section. Such acts or tape of the proceedings and make a omissions may be described in terms copy available at cost to observers or sufficient to place observers or ob- observer contractors upon request, un- server contractors on notice without less observers or observer contractors disclosing NMFS’ evidence. and NMFS, by mutual agreement, (2) That the suspension is for a tem- waive the requirement for an audio porary period pending the completion tape. of an investigation and such decerti- (D) Suspending official’s decision. (1) fication proceedings as may ensue. The suspending official’s decision must (3) Of the cause(s) relied upon under be based on all the information in the paragraph (j)(5)(ii) of this section for administrative record, including any imposing suspension. submission made by observers or ob- (4) Of the effect of the suspension. server contractors on action based on (5) That, within 30 days after receipt an indictment: of the notice, the observers or observer (i) In which observers or observer contractors may submit, in writing, contractors’ submissions do not raise a documentary evidence and argument in genuine dispute over material facts; or opposition to the suspension, including (ii) In which additional proceedings any additional specific documentary to determine disputed material facts evidence that raises a genuine dispute have been denied on the basis of NOAA over the material facts. General Counsel advice. (6) That additional proceedings to de- (2) In actions in which additional pro- termine disputed material facts may be ceedings are necessary as to disputed conducted unless: material facts, written findings of fact (i) The action is based on an indict- must be prepared. The suspending offi- ment; or cial must base the decision on the facts (ii) A determination is made, on the as found, together with any informa- basis of NOAA General Counsel advice, tion and argument submitted by ob- that the substantial interests of the servers or observer contractors and any government in pending or con- other information in the administra- templated legal proceedings based on tive record. the same facts as the suspension would (3) The suspending official may refer be prejudiced. matters involving disputed material (C) Dispute. For suspensions not facts to another official for findings of based on an indictment, if NMFS deter- fact. The suspending official may re- mines that the observers’ or observer ject any such findings, in whole or in contractors’ submission in opposition part. raises a genuine dispute over facts ma- (4) The suspending official’s decision terial to the suspension and if no deter- must be made after the conclusion of mination has been made, on the basis the proceedings with respect to dis- of NOAA General Counsel advice, that puted facts. substantial interests of the govern- (5) Prompt written notice of the sus- ment in pending or contemplated legal pending official’s decision to affirm, proceedings based on the same facts as modify, or terminate the notice of sus- the suspension would be prejudiced, the pension issued under this paragraph suspending official: (j)(5) must be served on observers or ob- (1) Must afford observers or observer server contractors and any affiliates contractors an opportunity to submit involved, personally or by certified
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mail, return receipt requested, at the in performing the duties of observers as last known residence or place of busi- prescribed by NMFS; ness. (ii) Commission of embezzlement, (E) Period of suspension. (1) Suspen- theft, forgery, bribery, falsification or sion is for a temporary period pending destruction of records, making false the completion of any investigation statements, or receiving stolen prop- and any ensuing legal proceedings or erty; or decertification proceedings, including (iii) Commission of any other offense any administrative review under para- indicating a lack of integrity or hon- graph (j)(7) of this section, unless soon- esty that seriously and directly affects er terminated by the suspending offi- the present fitness of observers. cial or as provided under this para- (2) The decertifying official may de- graph (j). If suspension is in effect, the certify observers, based upon a prepon- decertifying official will expedite any derance of the evidence, upon a deter- related decertification proceedings. mination that observers have: (2) If legal proceedings or decertifica- (i) Failed to satisfactorily perform tion proceedings are not initiated with- the duties of observers as prescribed by in 12 months after the date of the sus- NMFS; or pension notice, the suspension must be (ii) Failed to abide by the standards terminated. of conduct for observers as prescribed (F) Scope of suspension for observer under paragraph (h)(2) of this section. contractors. The scope of suspension (B) Observer contractors. (1) The decer- must be the same as that for decerti- tifying official may decertify observer fication under paragraph (j)(6)(v), ex- contractors for a conviction of or civil cept that the procedures set out under judgment for the following: paragraph (j)(5) must be used in impos- (i) Commission of fraud or other vio- ing suspension. lation in connection with obtaining or (6) Decertification—(i) General. The de- attempting to obtain certification, or certifying official may, in the public in performing the responsibilities and interest, decertify observers or ob- duties of observer contractors as pre- server contractors for any of the causes scribed under paragraph (i)(2) of this in paragraph (j)(6)(ii) of this section section; using the procedures in paragraph (ii) Commission of embezzlement, (j)(6)(iii) of this section. The existence theft, forgery, bribery, falsification or of a cause for decertification does not destruction of records, making false necessarily require that observers or statements, or receiving stolen prop- observer contractors be decertified; the erty; or seriousness of the acts or omissions (iii) Commission of any other offense and any mitigating factors should be indicating a lack of business integrity considered in making any decertifica- or business honesty that seriously and tion decision. The existence or non- directly affects the present fitness of existence of any mitigating factors is observer contractors. not necessarily determinative of an ob- (2) The decertifying official may de- servers’ or observer contractors’ certify observer contractors, based present fitness. Accordingly, if a cause upon a preponderance of the evidence, for decertification exists, observers or upon a determination that observer observer contractors have the burden contractors have: of demonstrating, to the satisfaction of (i) Failed to satisfactorily perform the decertifying official, present fit- the responsibilities and duties of ob- ness and that decertification is not server contractors as prescribed under necessary. paragraph (i)(2) of this section; or (ii) Causes for decertification—(A) Ob- (ii) A conflict of interest as set out servers. (1) The decertifying official under paragraph (i)(3) of this section. may decertify observers for a convic- (iii) Procedures—(A) Investigation and tion of or civil judgment for the follow- referral. NMFS personnel must prompt- ing: ly report to the NMFS investigator (i) Commission of fraud or other vio- matters appropriate for further inves- lation in connection with obtaining or tigation. The NMFS investigator must attempting to obtain certification, or investigate matters so referred and
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submit the investigative material to day period following receipt of the no- the decertifying official or, if appro- tice of proposed decertification. priate, to the suspending official. (2) May, at his or her sole discretion, (B) Review. The decertifying official afford observers or observer contrac- must review all available evidence and tors an opportunity to appear in per- must promptly determine whether or son, present witnesses, and confront not to proceed with decertification. any person NMFS presents. The decer- The decertifying official may refer the tifying official must make an audio matter to the NMFS investigator for tape of the proceedings and make a further investigation or, if appropriate, copy available at cost to observers or to the suspending official. observer contractors upon request, un- (C) Notice of proposed decertification. If less observers or observer contractors the decertifying official determines to and NMFS, by mutual agreement, proceed with decertification, he or she waive the requirement for an audio must serve a notice of proposed decer- tape. tification upon observers or observer (E) Decertifying official’s decision. (1) contractors and any specifically named In actions based upon a conviction or affiliates, personally or by certified judgment, or in which there is no genu- mail, return receipt requested, at the ine dispute over material facts, the de- last known residence or place of busi- certifying official must make a deci- ness, advising: sion on the basis of all the information (1) That decertification is being con- in the administrative record, including sidered. any submission made by observers or (2) Of the reasons for the proposed de- observer contractors. The decision certification in terms sufficient to put must be made after receipt of any observers or observer contractors on timely information and argument sub- notice of the conduct or transaction(s) mitted by observers or observer con- upon which it is based. tractors. (2) In actions in which additional pro- (3) Of the cause(s) relied upon under ceedings are necessary as to disputed paragraph (j)(6)(ii) of this section for material facts, written findings of fact proposing decertification. must be prepared. The decertifying of- ( ) That, within 30 days after receipt 4 ficial must base the decision on the of the notice, observers or observer facts as found, together with any infor- contractors may submit, in writing, mation and argument submitted by ob- documentary evidence and argument in servers or observer contractors and any opposition to the proposed decertifica- other information in the administra- tion, including any additional specific tive record. documentary evidence that raises a (3) The decertifying official may refer genuine dispute over the material matters involving disputed material facts. facts to another official for findings of (5) Of NMFS’ procedures governing fact. The decertifying official may re- decertification decision making. ject any such findings, in whole or in (6) Of the effect of the issuance of the part. notice of proposed decertification. (4) The decertifying official’s decision (7) Of the potential effect of an actual must be made after the conclusion of decertification. the proceedings with respect to dis- (D) Dispute. In actions not based upon puted facts. a conviction or civil judgment, if it is (5) In any action in which the pro- found that observers’ or observer con- posed decertification is not based upon tractors’ submissions raise a genuine a conviction or civil judgment, the dispute over facts material to the pro- cause for decertification may be estab- posed decertification, the decertifying lished by a preponderance of the evi- official: dence. (1) Must afford observers or observer (F) Notice of decertifying official’s deci- contractors an opportunity to submit sion. (1) If the decertifying official de- additional documentary evidence upon cides to impose decertification, observ- a showing that such documentary evi- ers or observer contractors and any af- dence was unavailable during the 30- filiates involved must be given prompt
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notice personally or by certified mail, dence of such knowledge, approval, or return receipt requested, at the last acquiescence. known residence or place of business. (B) The improper conduct of observer Such notice must: contractors may be imputed to any of- (i) Refer to the notice of proposed de- ficer, director, shareholder, partner, certification. employee, or other individual associ- (ii) Specify the reasons for decerti- ated with observer contractors who fication. participated in, knew of, or had reason (iii) Advise that the decertification is to know of the observer contractors’ effective immediately, unless the de- conduct. certifying official determines that (7) Administrative review of suspension there is a compelling reason for main- or decertification. taining certification for a specified pe- (i) Observers or observer contractors riod under conditions and restrictions may petition for review of a suspension necessary and appropriate to protect decision issued under paragraph the public interest or promote fishery (j)(5)(iii) of this section or a decerti- conservation and management and fication decision issued under para- states the reasons in the notice. graph (j)(6)(iii) of this section within 30 (2) If decertification is not imposed, days after the date the decision was the decertifying official must promptly served. The petition must be addressed notify observers or observer contrac- to the appeals officer identified in the tors and any affiliates involved, by cer- notice of suspension or decertification. tified mail, return receipt requested, at Any petitioned suspension will remain the last known residence or place of in effect pending the appeals officer’s business. written decision to affirm, modify or terminate the suspension. (iv) Period of decertification. (A) De- certification must be in force indefi- (ii) Administrative review is discre- nitely or until rescinded. tionary. Petitions for discretionary re- view may be filed only upon one or (B) The decertifying official may re- more of the following grounds: scind decertification, upon observers’ (A) A finding of material fact is or observer contractors’ request, sup- clearly erroneous based upon the ad- ported by documentation, for reasons ministrative record; such as: (B) A substantial and important (1) Newly discovered material evi- question of policy or discretion is in- dence; volved; or (2) Reversal of the conviction or civil (C) A prejudicial error has occurred. judgment upon which the decertifica- (iii) If the appeals officer declines re- tion was based; view based on the written petition, ob- (3) Bona fide change in ownership or servers or observer contractors must be management; immediately advised of the decision to (4) Elimination of other causes for decline review personally or by cer- which the decertification was imposed; tified mail, return receipt requested, at or the last known residence or place of (5) Other reasons the decertifying of- business. ficial deems appropriate. (iv) If the appeals officer grants re- (v) Scope of decertification. (A) The im- view based on the written petition, he proper conduct of any officer, director, or she may request further written ex- shareholder, partner, employee, or planation from observers, observer con- other individual associated with ob- tractors, or the decertifying officer or server contractors may be imputed to suspending officer. The appeals officer the observer contractors when the con- will then render a written decision to duct occurred in connection with the affirm, modify, or terminate the sus- performance of duties for or on behalf pension or decertification or return the of observer contractors, or with ob- matter to the suspending or decertify- server contractors’ knowledge, ap- ing official for further findings. The ap- proval, or acquiescence. Observer con- peals officer must base the decision on tractors’ acceptance of the benefits de- the administrative records compiled rived from the conduct must be evi- under paragraphs (j)(5) or (i)(7) of this
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section, as appropriate. The appeals of- (H) The ratio of total round weight of ficer will serve the decision on observ- halibut to the total round weight of ers or observer contractors and any af- groundfish. filiates involved, personally or by cer- (I) The ratio of total round weight of tified mail, return receipt requested, at herring to the total round weight of the last known residence or place of groundfish. business. (J) The ratio of the number of king (v) An appeals officer’s decision im- crab to the total round weight of posing suspension, or decertification or groundfish. an unpetitioned suspending, or decerti- (K) The ratio of the number of C. fying official’s decision is the final ad- bairdi Tanner crab to the total round ministrative decision of the U.S. De- weight of groundfish. partment of Commerce. (L) Sea surface temperature (where (k) Release of observer data to the pub- available). lic—(1) Summary of weekly data. The fol- (M) Sea temperature at fishing depth lowing information collected by ob- of trawl (where available). servers for each catcher processor and (ii) The identity of the vessels from catcher vessel during any weekly re- which the data in paragraph (k)(2)(i) of porting period may be made available this section are collected will not be to the public: released. (i) Vessel name and Federal permit (3) Competitive harm. In exceptional number. circumstances, the owners and opera- (ii) Number of chinook salmon and tors of vessels may provide to the Re- ‘‘other salmon’’ observed. gional Administrator written justifica- (iii) The ratio of total round weight tion at the time observer data are sub- of halibut or Pacific herring to the mitted, or within a reasonable time total round weight of groundfish in thereafter, that disclosure of the infor- sampled catch. mation listed in paragraphs (k) (1) and (iv) The ratio of number of king crab (2) of this section could reasonably be or C. bairdi Tanner crab to the total expected to cause substantial competi- round weight of groundfish in sampled tive harm. The determination whether hauls. to disclose the information will be (v) The number of observed trawl made pursuant to 15 CFR 4.7. hauls or fixed gear sets. [61 FR 56431, Nov. 1, 1996, as amended at 61 (vi) The number of trawl hauls that FR 63761, Dec. 2, 1996; 61 FR 65989, Dec. 16, were basket sampled. 1996] (vii) The total weight of basket sam- ples taken from sampled trawl hauls. Subpart F—Scallop Fishery Off (2) Haul-specific data. (i) The informa- Alaska tion listed in paragraphs (k)(2)(i) (A) through (M) of this section and col- SOURCE: 61 FR 38104, July 23, 1996, unless lected by observers from observed otherwise noted. hauls on board vessels using trawl gear to participate in a directed fishery for § 679.60 Gear and efficiency limits. groundfish other than rockfish, Green- (a) General. Scallops may be taken land turbot, or Atka mackerel may be only with dive gear or scallop dredge made available to the public: gear as defined at § 679.2. (A) Date. (b) The inside ring diameter on all (B) Time of day gear is deployed. dredges used or carried by a vessel fish- (C) Latitude and longitude at begin- ing for weathervane scallops ning of haul. (Patinopectin caurinus) must be 4 inches (D) Bottom depth. (10.16 cm) or larger. (E) Fishing depth of trawl. (c) The inside ring diameter on all (F) The ratio of the number of chi- dredges used or carried by a vessel fish- nook salmon to the total round weight ing for scallops other than of groundfish. weathervane scallops must be 3 inches (G) The ratio of the number of other (7.62 cm) or larger. salmon to the total round weight of (d) No person may use chafing gear or groundfish. other devices that decrease the legal
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inside ring diameter of a scallop ary the longitude of Cape Suckling dredge. (143°53′ W. long.). (e) Except as provided in paragraph (d) Registration Area H (Cook Inlet) (f) of this section, no more than two has as its eastern boundary the lon- scallop dredges may be operated at one gitude of Cape Fairfield (148°50′ W. time from a vessel, and the opening of long.) and its southern boundary the a scallop dredge must be equal to or latitude of Cape Douglas (58°52′ N. lat.). less than 15 ft (4.57 m) wide. (1) Northern District. North of a line (f) In the Kamishak, Southern, and extending from Boulder Point at Central Districts of Scallop Registra- 60°46′23″ N. lat., to Shell Platform C, tion Area H defined under § 679.61, no then to a point on the west shore at more than one scallop dredge may be 60°46′23″ N. lat. operated at one time from a vessel, and (2) Central District. All waters be- the opening of a dredge may not be tween a line extending from Boulder more than 6 ft (1.83 m) in width. Point at 60°46′23″ N. lat., to Shell Plat- (g) Scallops must be shucked by hand form C, to a point on the west shore at only. A shucking machine must not be 60°46′23″ N. lat., and the latitude of An- on board a vessel that is fishing for chor Point Light (59°46′12″ N. lat.). scallops or that has scallops on board. (h) No vessel fishing for scallops in (3) Southern District. All waters en- Federal waters may have aboard more closed by a line from Anchor Point ° ′ ″ ° ′ than 12 persons, exclusive of ADF&G or Light west to 59 46 12 N. lat., 152 20 W. ° ′ ″ NMFS observers. long., then south to 59 03 25 N. lat., 152°20′ W. long., then in a northeasterly § 679.61 Registration areas. direction to the tip of Cape Elizabeth at 59°09′30″ N. lat., 151°53′ W. long., then For the purpose of managing the from the tip of Cape Elizabeth to the scallop fishery, the Federal waters off ° ′ ″ Alaska and adjacent State waters are tip of Point Adam at 59 15 20 N. lat., ° ′ ″ divided into nine scallop registration 151 58 30 W. long. areas. Three scallop registration areas (4) Kamishak Bay District. All waters ° ′ ″ are further subdivided into districts. enclosed by a line from 59 46 12 N. lat., The scallop registration areas and dis- 153°00′30″ W. long., then east to 59°46′12″ tricts are defined as follows: N. lat., 152°20′ W. long., then south to (a) Registration Area A (Southeastern) 59°03′25″ N. lat., 152°20′ W. long., then has as its southern boundary the inter- southwesterly to Cape Douglas (58°52′ national boundary at Dixon Entrance, N. lat.). The seaward boundary of the and as its northern boundary Loran-C Kamishak Bay District is 3 nautical line 7960–Y–29590, which intersects the miles seaward from the shoreline be- western tip of Cape Fairweather at tween a point on the west shore of 58°47′58″ N. lat., 137°56′30″ W. long., ex- Cook Inlet at 59°46′12″ N. lat., 153°00′30″ cept for ADF&G District 16 defined W. long., and Cape Douglas at 58°52′ N. under paragraph (b) of this section. lat., 153°15′ W. long., including a line (b) Registration Area D (Yakutat) has three nautical miles seaward from the as its western boundary the longitude shorelines of Augustine Island and of Cape Suckling (143°53′ W. long.), and Shaw Island, and including the line as its southern boundary Loran-C line demarking all state waters shown on 7960–Y–29590, which intersects the west- NOAA chart 16640, 21st Ed., May 5, 1990 ern tip of Cape Fairweather at 58°47′58″ (Available from Alaska Region). N. lat., 137°56′30″ W. long., and ADF&G (5) Barren Island District. All waters District 16 defined as all waters all wa- enclosed by a line from Cape Douglas ters north of a line projecting west (58°52′ N. lat.) to the tip of Cape Eliza- from the southernmost tip of Cape beth at 59°09′30″ N. lat., 151°53′ W. long., Spencer and south of a line projecting then south to 58°52′ N. lat., 151°53′ W. southwest from the westernmost tip of long., then west to Cape Douglas. Cape Fairweather. (6) Outer District. All waters enclosed (c) Registration Area E (Prince Wil- by a line from the tip of Point Adam to liam Sound) has as its western bound- the tip of Cape Elizabeth, then south to ary the longitude of Cape Fairfield 58°52′ N. lat., 151°53′ W. long., then east (148°50′ W. long.), and its eastern bound- to the longitude of Aligo Point
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(149°44′33″ W. long.), then north to the (g) Registration Area O (Dutch Harbor) tip of Aligo Point. has as its northern boundary the lati- (7) Eastern District. All waters east of tude of Cape Sarichef (54°36′ N. lat.), as the longitude of Aligo Point (149°44′33″ its eastern boundary the longitude of W. long.), west of the longitude of Cape Scotch Cap Light, and as its western Fairfield (148°50′ W. long.), and north of boundary 171° W. long., excluding the 58°52′ N. lat. waters of Statistical Area Q. (e) Registration Area K (Kodiak) has (h) Registration Area Q (Bering Sea) as its northern boundary the latitude has as its southern boundary a line of Cape Douglas (58°52′ N lat.), and as from Cape Sarichef (54°36′ N. lat.), to its western boundary the longitude of 54°36′ N. lat., 171° W. long., to 55°30′ N. Cape Kumlik (157°27′ W. long.). lat., 171° W. long., to 55°30′ N. lat., (1) Northeast District. All waters 173°30′ E. long., as its northern bound- northeast of a line extending 168° from ary the latitude of Point Hope (68°21′ N. the easternmost tip of Cape Barnabas, lat.). east of a line from the northernmost (i) Registration Area R (Adak) has as tip of Inner Point to the southernmost its eastern boundary 171° W. long., and tip of Afognak Point, east of 152°30′ W. as its northern boundary 55°30′ N. lat. long. in Shuyak Strait, and east of the longitude of the northernmost tip of § 679.62 General limitations. Shuyak Island (152°20′ W. long.). (a) Harvest limits—(1) General. NMFS (2) Southeast District. All waters will establish TAC amounts and CBLs ° southwest of a line extending 168 from for the scallop fishery off Alaska ac- the easternmost tip of Cape Barnabas cording to the procedures described and east of a line extending 222° from under this section. The total annual the southernmost tip of Cape Trinity. TAC amount for scallops off Alaska (3) Southwest District. All waters west will be established within the OY range ° of a line extending 222 from the south- of 0 to 1.8 million lb (0 to 815.5 mt) of ernmost tip of Cape Trinity, south of a shucked scallop meat. line from the westernmost tip of Cape (2) TACs. (i) The annual TACs for Ikolik to the southernmost tip of Cape scallops in each Registration Area or Kilokak and east of the longitude of part thereof will be established as a Cape Kilokak (156°19′ W. long.). weight in pounds of shucked scallop (4) Semidi Island District. All waters meat based on a review of the follow- west of the longitude of Cape Kilokak ing: at 156°19′ W. long. and east of the lon- gitude of Cape Kumlik at 157°27′ W. (A) Assessments of the biological long. condition of each scallop species. As- sessments will include, where prac- (5) Shelikof District. All waters north of a line from the westernmost tip of ticable, updated estimates of MSY; his- Cape Ikolik to the southernmost tip of torical catch trends and current catch Cape Kilokak, west of a line from the statistics, reviews of alternative har- northernmost tip of Inner Point to the vesting strategies; and relevant infor- southernmost tip of Afognak Point, mation relating to changes in scallop west of 152°30′ W. long., in Shuyak markets. Strait, and west of the longitude of the (B) Socioeconomic considerations northernmost tip of Shuyak Island that are consistent with the goals and (152°20′ W. long.). objectives of the FMP. (f) Registration Area M (Alaska Penin- (ii) Annual scallop TACs will be spec- sula) has as its eastern boundary the ified for the 12-month time period ex- longitude of Cape Kumlik (157°27′ W. tending from July 1 through June 30 of long.), and its western boundary the the following year. An annual TAC longitude of Scotch Cap Light. The reg- amount is available for harvest only istration area also includes all waters for the registration area or district of Bechevin Bay and Isanotski Strait specified, only during the applicable south of a line from the easternmost season set out in § 679.64, and only if no tip of Chunak Point to the western- closure or other restriction or limita- most tip of Cape Krenitzen. tion is applicable.
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(3) CBLs. (i) CBLs may be specified lic comment both before and during the for red king crab and Tanner crab spe- April Council meeting. cies for any registration area or dis- (2) Following the April Council meet- trict. ing, the Council will submit its TAC (ii) Except as provided under para- and CBL recommendations along with graph (a)(3)(iii) of this section, annual rationale and supporting information CBLs will be based on the biological to NMFS for review and implementa- condition of each crab species, histori- tion. cal bycatch rates in the scallop fishery, (3) As soon as practicable after re- and other socioeconomic consider- ceiving recommendations from the ations that are consistent with the Council, NMFS will publish in the FED- goals and objectives of the FMP. ERAL REGISTER annual specifications of (iii) Annual CBLs in Registration TAC amounts and CBLs for the suc- Area Q will equal the following ceeding 12-month period extending amounts: from July 1 through June 30 of the fol- (A) The CBL for red king crab caught lowing year. while conducting any fishery for scal- (c) Closures. (1) If the Administrator, lops will be specified within the range Alaska Region, NMFS, determines that of 500 to 3,000 crab based on the consid- a TAC or CBL specified under para- erations listed in paragraph (a)(3)(ii) of graphs (a) and (b) of this section has this section. been or will be reached, NMFS will (B) The CBL for Chionoecetes opilio publish notification in the FEDERAL Tanner crab caught while conducting REGISTER prohibiting the taking and any fishery for scallops is 0.003176 per- retention of scallops in the Federal wa- cent of the best available estimate of ters of the registration area or district C. opilio abundance in Registration where the notification is applicable. Area Q. (2) It is unlawful for any person to (C) The CBL for C. bairdi Tanner crab conduct any fishing for scallops con- caught while conducting any fishery trary to the notification of closure is- for scallops is 0.13542 percent of the sued pursuant to this paragraph. best available estimate of C. bairdi (d) Closed areas. It is unlawful for any abundance in Registration Area Q. person to dredge for scallops in any (iv) Annual CBLs will be specified for Federal waters off Alaska that are the 12-month time period from July 1 closed to fishing with trawl gear or through June 30 of the following year. non-pelagic trawl gear under An annual CBL may be utilized only § 679.22(a)(1)(i), (a)(2)(i), (a)(3), (a)(4), for the registration area or district (a)(6), (a)(7), (a)(9), and (b). specified, only if any applicable TAC amount is available for harvest, only [61 FR 31230, June 19, 1996, as amended at 61 FR 65989, Dec. 16, 1996] during the applicable season set out in § 679.64, and only if no closure or other § 679.63 Inseason adjustments. limitation or restriction is applicable. (b) Specifications. The following pro- (a) Inseason adjustments may be is- cedure is established for specifying sued by NMFS to implement the clo- TAC amounts and CBLs: sure, extension, opening, or reopening (1) On an annual basis, prior to the of a season in all or part of a scallop April Council meeting, the Council will registration area; and the adjustment distribute a summary of the State’s of TAC amounts or CBLs. most recent TAC and CBL rec- (b) Determinations for any inseason ommendations and supporting docu- adjustment authorized under para- mentation to the public through its graph (a) of this section must be con- mailing list, as well as provide copies sistent with § 679.25(a)(2). of the recommendations, documenta- (c) Procedures for making inseason tion, and the annual SAFE report to adjustments are specified at § 679.25(c). the public upon request. The Council (d) It is unlawful for any person to will notify the public of its intent to conduct any fishing for scallops con- develop final recommendations at the trary to an inseason adjustment issued April Council meeting and solicit pub- pursuant to this section.
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§ 679.64 Seasons. June 30, subject to the other provisions of this part. (a) Fishing for scallops in the Federal (e) (Applicable through December 31, waters off Alaska is authorized from 1996) Fishing for scallops in the Federal 0001 hours, A.l.t., July 1, through 2400 waters of Scallop Registration Area D hours, A.l.t., June 30, subject to the is authorized from 1200 hours, A.l.t., other provisions of this part, except as August 1 through 2400 hours, A.l.t., De- provided in paragraphs (b) through (e) cember 31, subject to the other provi- of this section. sions of this part. Fishing for scallops (b) Fishing for scallops in the Federal in the Federal waters of Scallop Reg- waters of Scallop Registration Areas K, istration Areas A and E is not author- M, O, Q, and R is authorized from 1200 ized. hours, A.l.t., July 1 through 1200 hours, A.l.t., February 15 of the following § 679.65 Observer requirements. year, subject to the other provisions of (a) Except as provided in paragraph this part. (c) of this section, vessels must carry (c) Fishing for scallops in the Federal an ADF&G-certified scallop observer at waters of the Kamishak District of all times while fishing for scallops in Scallop Registration Area H is author- Federal waters. ized from 1200 hours, A.l.t., August 15 (b) An operator of a vessel required through 1200 hours, A.l.t., October 31, to carry an observer must comply with subject to the other provisions of this all safety and conduct requirements set part. out at § 679.7(g). (d) (Applicable January 1, 1997) Fish- (c) Vessels less than 80 ft (24.4 m) ing for scallops in the Federal waters LOA are exempt from the requirements of Scallop Registration Areas A, D, and of this section while fishing for scal- E is authorized from 1200 hours, A.l.t., lops in the Federal waters of Registra- January 10 through 2400 hours, A.l.t., tion Area H.
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FIGURE 1 TO PART 679ÐBSAI STATISTICAL AND REPORTING AREAS
a. MAP
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FIGURE 1 TO PART 679ÐBSAI STATISTICAL AND REPORTING AREAS
b. COORDINATES OF REPORTING AREAS
Code Description
300 ...... Russian waters. Those waters inside the Russian 200 mile limit as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart INT 814 Bering Sea (Northern Part). 400 ...... Chukchi Sea. North of a diagonal line between 66°00′ N, 169°42.5′ W (Cape Dezhneva, Russia); and 65°37.5′ N, 168°7.5′ W (Cape Prince of Wales, Alaska) and to the limits of the U.S. EEZ as described in the current edition of NOAA chart INT 814 Bering Sea (Northern Part). 508 ...... South of 58°00′ N between the intersection of 58°00′ N lat with the Alaska Peninsula and 160°00′ W long. 509 ...... South of 58°00′ N lat between 163°00′ W long and 165°00′ W long. 512 ...... South of 58°00′ N lat, north of the Alaska Peninsula between 160°00′ W long and 162°00′ W long. 513 ...... Between 58°00′ N lat and 56°30′ N lat, and between 165°00′ W long and 170°00′ W long. 514 ...... North of 58°00′ N to the southern boundary of the Chukchi Sea, area 400, and east of 170°00′ W long. 516 ...... South of 58°00′ N lat, north of the Alaska Peninsula, and between 162°00′ and 163°00′ W long. 517 ...... South of 56°30′ N lat, between 165°00′ W long and 170°00′ W long; and north of straight lines between 54°30′ N lat, 165°00′ W long, 54°30′ N lat, 167°00′ W long, and 55°46′ N lat, 170°00′ W long. 518 ...... Bogoslof District: South of a straight line between 55°46′ N lat, 170°00′ W long and 54°30′ N lat, 167°00′ W long, and between 167°00′ W long and 170°00′ W long, and north of the Aleutian Islands and straight lines between the islands connecting the following coordinates in the order listed: 52°49.2′ N, 169°40.4′ W, 52°49.8′ N, 169°06.3′ W, 53°23.8′ N, 167°50.1′ W, 53°18.7′ N, 167°51.4′ W. 519 ...... South of a straight line between 54°30′ N lat, 167°00′ W long and 54°30′ N lat, 164°54′ W long; east of 167°00′ W long; west of Unimak Island; and north of the Aleutian Islands and straight lines between the islands con- necting the following coordinates in the order listed: 53°59.0′ N, 166°17.2′ W, 54°02.9′ N, 166°03.0′ W, 54°07.7′ N, 165°40.6′ W, 54°08.9′ N, 165°38.8′ W, 54°11.9′ N, 165°23.3′ W, 54°23.9′ N, 164°44.0′ W. 521 ...... The area bounded by straight lines connecting the following coordinates in the order listed: 55°46′ N, 170°00′ W, 59°25′ N, 179°20′ W, 60°00′ N, 179°20′ W, 60°00′ N, 171°00′ W, 58°00′ N, 171°00′ W, 58°00′ N, 170°00′ W, 55°46′ N, 170°00′ W. 523 ...... The area bounded by straight lines connecting the following coordinates in the order listed: 59°25′ N, 179°20′ W; 55°46′ N, 170°00′ W; 55°00′ N, 170°00′ W; 55°00′ N, 180°00′ W; and north to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 524 ...... The area west of 170°00′ W bounded south by straight lines connecting the following coordinates in the order listed: 58°00′ N, 170°00′ W 58°00′ N, 171°00′ W; 60°00′ N, 171°00′ W; 60°00′ N, 179°20′ W; 59°25′ N, 179°20′ W and to the limits of the US EEZ as described in the current edition of NOAA chart INT 813 Bering Sea (Southern Part). 530 ...... The area north of 55°00′ N lat and west of 180°00′ W long to the limits of the US EEZ as described in the cur- rent edition of NOAA chart INT 813 Bering Sea (Southern Part). 541 ...... Eastern Aleutian District. The area south of 55°00′ N lat, west of 170°00′ W long, and east of 177°00′ W long and bounded on the south by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 542 ...... Central Aleutian District. The area south of 55°00′ N lat, west of 177°00′ W long, and east of 177°00′ E long and bounded on the south by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 543 ...... Western Aleutian District. The area south of 55°00′ N lat and west of 177°00′ E long, and bounded on the south and west by the limits of the US EEZ as described in the current editions of NOAA chart INT 813 Bering Sea (Southern Part) and NOAA chart 530 (San Diego to Aleutian Islands and Hawaiian Islands). 550 ...... Donut Hole. International waters of the Bering Sea outside the limits of the EEZ and Russian economic zone as depicted on the current edition of NOAA chart INT 813 Bering Sea (Southern Part). Statistical Area. A statistical area is the part of a reporting area contained in the EEZ.
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FIGURE 2 TO PART 679ÐBSAI CATCHER VESSEL OPERATIONAL AREA
499
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FIGURE 3 TO PART 679ÐGULF OF ALASKA STATISTICAL AND REPORTING AREAS
a. MAP
500
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FIGURE 3B TO PART 679ÐGULF OF ALASKA STATISTICAL AND REPORTING AREAS
b. COORDINATES OF REPORTING AREAS
Code Description
610 ...... Western Regulatory Area, Shumagin District. Along the south side of the Aleutian Islands and straight lines be- tween the islands and the Alaska Peninsula connecting the following coordinates in the order listed: 52° 49.2′ N, 169° 40.4′ W; 52° 49.8′ N, 169° 06.3′ W; 53° 23.8′ N, 167° 50.1′ W; 53° 18.7′ N, 167° 51.4′ W; 53° 59.0′ N, 166° 17.2′ W; 54° 02.9′ N, 166° 03.0′ W; 54° 07.7′ N, 165° 40.6′ W; 54° 0.89′ N, 165° 38.8′ W; 54° 11.9′ N, 165° 23.3′ W; 54° 23.9′ N, 164° 44.0′ W; and southward to the limits of the US EEZ as described in the current editions of NOAA chart INT 813 (Bering Sea, Southern Part) and NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass), between 170° 00′ W long and 159° 00′ W long. 620 ...... Central Regulatory Area, Chirikof District. Along the south side of the Alaska Peninsula, between 159° 00′ W long and 154° 00′ W long, and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). 630 ...... Central Regulatory Area, Kodiak District. Along the south side of continental Alaska, between 154° 00′ W long and 147° 00′ W long, and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area 649. 640 ...... Eastern Regulatory Area, West Yakutat District. Along the south side of continental Alaska, between 147° 00′ W long and 140° 00′ W long, and southward to the limits of the US EEZ, as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area 649. 649 ...... Prince William Sound. Includes those waters of the State of Alaska inside the base line as specified in Alaska State regulations at 5 AAC 28.200. 650 ...... Eastern Regulatory Area, Southeast Outside District. East of 140° 00′ W long and southward to the limits of the US EEZ as described in the current edition of NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Excluding area 659. 659 ...... Southeast Inside District. As specified in Alaska State regulations at 5 AAC 28.105(a)(1) and (2). 690 ...... Gulf of Alaska outside the U.S. EEZ as described in the current editions of NOAA chart INT 813 (Bering Sea, Southern Part) and NOAA chart 500 (West Coast of North America, Dixon Entrance to Unimak Pass). Statistical Area. A statistical area is the part of a reporting area contained in the EEZ.
501
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FIGURE 4 TO PART 679ÐHERRING SAVINGS AREAS IN THE BSAI
a. MAP [61 FR 31230, June 19, 1996; 61 FR 40481, Aug. 2, 1996]
502
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503
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FIGURE 5 TO PART 679ÐKODIAK ISLAND AREAS CLOSED TO NONPELAGIC TRAWL GEAR
a. MAP
504
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FIGURE 5 TO PART 679ÐKODIAK ISLAND AREAS CLOSED TO NONPELAGIC TRAWL GEAR
b. COORDINATES
Name and description of reference area North latitude/West longitude Reference point
Alitak Flats and Towers AreasÐAll waters of Alitak flats and the Towers Areas enclosed by a line connecting the following 7 points in the order listed: a ...... 56°59′4″ 154°31′1″ Low Cape. b ...... 57°00′0″ 155°00′0″ c ...... 56°17′0″ 155°00′0′ d ...... 56°17′0″ 153°52′0″ e ...... 56°33′5″ 153°52′0″ Cape Sitkinak. f ...... 56°54′5″ 153°32′5″ East point of Twoheaded Island. g ...... 56°56′0″ 153°35′5″ Kodiak Island, thence, along the coast- line. a ...... 56°59′4″ 154°31′1″ Low Cape. Marmot Flats AreaÐAll waters enclosed by a line connecting the following five points in the clockwise order listed: a ...... 58°00′0″ 152°30′0″ b ...... 58°00′0″ 151°47′0″ c ...... 57°37′0″ 151°47′0″ d ...... 57°37′0″ 152°10′1″ Cape Chiniak, then along the coastline of Kodiak Island to North Cape. e ...... 57°54′5″ 152°30′0″ a ...... 58°00′0″ 152°30′0″ Chirikof Island AreaÐAll waters surrounding Chirikof Island enclosed by a line connecting the following four points in the counter-clockwise order listed: a ...... 56°07′0″ 155°13′0″ b ...... 56°07′0″ 156°00′0″ c ...... 55°41′0″ 156°00′0″ d ...... 55°41′0″ 155°13′0″ a ...... 56°07′0″ 155°13′0″ Barnabas AreaÐAll waters enclosed by a line connecting the following six points in the counter clockwise order listed a57° 00′ 0″ 153° 18′ 0″ Black Point b ...... 56°56′0″ 153°09′0″ c ...... 57°22′0″ 152°18′5″ South Tip of Ugak Island. d ...... 57°23′5″ 152°17′5″ North Tip of Ugak Island. e ...... 57°25′3″ 152°20′0″ Narrow Cape, thence, along the coast- line of Kodiak Island. f ...... 57°04′2″ 153°30′0″ Cape Kasick to Black Point, including inshore waters. a ...... 57°00′0″ 153°18′0″
505
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FIGURE 6 TO PART 679ÐLENGTH OVERALL OF A VESSEL
506
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FIGURE 7 TO PART 679ÐLOCATION OF TRAWL GEAR TEST AREAS IN THE GOA AND THE BSAI
507
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TABLE 1 TO PART 679ÐPRODUCT CODES
Fish product code Description
1 ...... Whole fish/food fish. 2 ...... Whole fish/bait. Processed for bait. 3 ...... Bled only. Throat, or isthmus, slit to allow blood to drain. 4 ...... Gutted only. Belly slit and viscera removed. 6 ...... Head and gutted, with roe. 7 ...... Headed and gutted, Western cut. Head removed just in front of the collarbone, and viscera removed. 8 ...... Headed and gutted, Eastern cut. Head removed just behind the collarbone, and viscera removed. 10 ...... Headed and gutted, tail removed. Head removed usually in front of collar bone, and viscera and tail removed. 11 ...... Kirimi. Head removed either in front or behind the collarbone, viscera removed, and tail removed by cuts per- pendicular to the spine, resulting in a steak. 12 ...... Salted and split. Head removed, belly slit, viscera removed, fillets cut from head to tail but remaining attached near tail. Product salted. 13 ...... Wings. On skates, side finds are cut off next to body. 14 ...... Roe. Eggs, either loose or in sacs, or skeins. 15 ...... Pectoral girdle. Collar bone and associated bones, cartilage and flesh. 16 ...... Heads. Heads only, regardless where severed from body. 17 ...... Cheeks. Muscles on sides of head. 18 ...... Chins. Lower jaw (mandible), muscles, and flesh. 19 ...... Belly. Flesh in region of pelvic and pectoral fins and behind head. 20 ...... Fillets with skin and ribs. Meat and skin with ribs attached, from sides of body behind head and in front of tail. 21 ...... Fillets with skin, no ribs. Meat and skin with ribs removed, from sides of body behind head and in front of tail. 22 ...... Fillets with ribs and no skin. Meat with ribs with skin removed, from sides of body behind head and in front of tail. 23 ...... Fillets, skinless/boneless. Meat with both skin and ribs removed, from sides of body behind head and in front of tail. 24 ...... Deep-skin fillet. Meat with skin, adjacent meat with silver lining, and ribs removed from sides of body behind head and in front of tail, resulting in thin fillets. 30 ...... Surimi. Paste from fish flesh and additives. 31 ...... Minced. Ground flesh. 32 ...... Fish meal. Meal from fish and fish parts, including bone meal. 33 ...... Fish oil. Rendered oil. 34 ...... Milt. (in sacs, or testes). 35 ...... Stomachs. Includes all internal organs. 36 ...... Octopus/squid mantles. Flesh after removal of viscera and arms. 37 ...... Butterfly, no backbone. Head removed, belly slit, viscera and most of backbone removed; fillets attached. 39 ...... Bones (if meal, report as 32). 86 ...... Donated Salmon. Includes salmon retained and donated under Salmon Donation Program. 97 ...... Other retained product
DISCARD PRODUCT CODES
92 ...... Discard, bait. Whole fish used as bait on board vessel. 94 ...... Discard, consumption. Fish or fish products eaten on board or taken off the vessel for personal use. 96 ...... Previously discarded fish (decomposed) taken with trawl gear in current fishing efforts. Discarded. 98 ...... Discard, at sea. Whole groundfish and prohibited species discarded by catcher vessels, Catcher/Processors, Motherships, or Buying Stations delivering to Motherships. 99 ...... Discard, dockside. Discard after delivery and before processing; Discard, at plant. Inplant discard of whole groundfish and prohibited species by Shoreside Processors and Buying Stations delivering to Shoreside Proc- essors before and during processing. M99 ...... Discard, off site meal reduction plant. Discarded fish that are transferred to any off site facility for reduction to fish meal, fish oil and/or discard at sea.
PRODUCT DESIGNATION
A ...... Ancillary. Product made in addition to a primary product from the same fish. P ...... Primary. Product made from each fish with the highest recovery rate. R ...... Reprocessed. Product that results from processing a previously reported product.
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TABLE 2 TO PART 679ÐSPECIES CODES
Code Species
110 ...... Pacific cod. 120 ...... Miscellaneous flatfish (all flatfish without separate codes). 121 ...... Arrowtooth flounder and/or Kamchatka flounder. 122 ...... Flathead sole. 123 ...... Rock sole. 124 ...... Dover sole. 125 ...... Rex sole. 126 ...... Butter sole. 127 ...... Yellowfin sole. 128 ...... English sole. 129 ...... Starry flounder. 131 ...... Petrale sole. 132 ...... Sand sole. 133 ...... Alaska Plaice flounder. 134 ...... Greenland turbot. 135 ...... Greenstripe rockfish. 136 ...... Northern rockfish. 137 ...... Bocaccio rockfish. 138 ...... Copper rockfish. 141 ...... Pacific ocean perch (S. alutus only). 142 ...... Black rockfish. 143 ...... Thornyhead rockfish (all Sebastolobus species). 145 ...... Yelloweye rockfish. 146 ...... Canary rockfish. 147 ...... Quillback rockfish. 148 ...... Tiger rockfish. 149 ...... China rockfish. 150 ...... Rosethorn rockfish. 151 ...... Rougheye rockfish. 152 ...... Shortraker rockfish. 153 ...... Redbanded rockfish. 154 ...... Dusky rockfish. 155 ...... Yellowtail rockfish. 156 ...... Widow rockfish. 157 ...... Silvergray rockfish. 158 ...... Redstripe rockfish. 159 ...... Darkblotched rockfish. 160 ...... Sculpins. 166 ...... Sharpchin rockfish. 167 ...... Blue rockfish. 175 ...... Yellowmouth rockfish. 176 ...... Harlequin rockfish. 177 ...... Blackgill rockfish. 178 ...... Chilipepper rockfish. 179 ...... Pygmy rockfish. 181 ...... Shortbelly rockfish. 182 ...... Splitnose rockfish. 183 ...... Stripetail rockfish. 184 ...... Vermilion rockfish. 185 ...... Aurora rockfish. 193 ...... Atka mackerel. 270 ...... Pollock. 510 ...... Smelt. 511 ...... Eulachon. 516 ...... Capelin. 689 ...... Sharks. 700 ...... Skates. 710 ...... Sablefish. 870 ...... Octopus. 875 ...... Squid. 888 ...... Mixed species tote (for use on Product Transfer Report only).
GROUP CODES. These group codes may be used if individual species cannot be identified.
144 ...... Slope rockfish (aurora, blackgill, Bocaccio, redstripe, silvergray, chilipepper, darkblotched, greenstriped, har- lequin, pygmy, shortbelly, splitnose, stripetail, vermillion, yellowmouth, sharpchin). 168 ...... Demersal shelf rockfish (china, copper, quillback, rosethorn, tiger, yelloweye, canary). 169 ...... Pelagic shelf rockfish (blue, black, dusky, yellowtail, widow). 171 ...... Shortraker/rougheye rockfish.
PROHIBITED SPECIES CODES
000 ...... Unspecified salmon.
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TABLE 2 TO PART 679ÐSPECIES CODESÐContinued
Code Species
200 ...... Pacific halibut. 235 ...... Pacific herring. 410 ...... Salmon, Chinook. 420 ...... Salmon, Sockeye. 430 ...... Salmon, Coho. 440 ...... Salmon, Pink. 450 ...... Salmon, Chum. 540 ...... Steelhead trout. 920 ...... Unspecified king crab. 921 ...... Red king crab. 922 ...... Blue king crab. 923 ...... Gold/brown king crab. 930 ...... Unspecified tanner crab. 931 ...... Bairdi tanner crab. 932 ...... Opilio tanner crab.
[61 FR 31230, June 19, 1996, as amended at 62 FR 2047, Jan. 15, 1997]
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Sebastolobus. ABLE and T ......
Sebastes ...... FMP SPECIES ...... 1 ...... DEEP WATER FLATFISH FLATHEAD SOLE REX SOLE SHALLOW WATER FLATFISH THORNYHEAD ROCKFISH OTHER FLATFISH ROCK SOLE YELLOWFIN SOLE GREENLAND TURBOT SQUID Rockfish means all species of 1 PACIFIC COD ARROWTOOTH FLOUNDER ROCKFISH SCULPINS ATKA MACKEREL POLLOCK SMELTS EULACHON CAPELIN SHARKS SKATES SABLEFISH OCTOPUS Target species categories GOA only: Target species categories BSAI only: [61 FR 31297, June 19, 1996; 61 40481, Aug. 2, 1996]
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TABLE 3 TO PART 679ÐPRODUCT RECOVERY RATES FOR GROUNDFISH SPECIESÐ Continued
PRODUCT CODE BUT- SPE- TER- FMP SPECIES CIES FLY DE- CODE OIL MILT STOM- MAN- BACK- COM- DIS- ACHS TLES BONE POSED CARDS RE- FISH MOVED
33 34 35 36 37 96 92, 94, 98, 99, M99
PACIFIC COD ...... 110 ...... 0.43 0.00 1.00 ARROWTOOTH FLOUNDER ...... 121 ...... 0.00 1.00 ROCKFISH ...... 0.00 1.00 SCULPINS ...... 160 ...... 0.00 1.00 ATKA MACKEREL ...... 193 ...... 0.00 1.00 POLLOCK ...... 270 ...... 0.43 0.00 1.00 SMELTS ...... 510 ...... 0.00 1.00 EULACHON ...... 511 ...... 0.00 1.00 CAPELIN ...... 516 ...... 0.00 1.00 SHARKS ...... 689 ...... 0.00 1.00 SKATES ...... 700 ...... 0.00 1.00 SABLEFISH ...... 710 ...... 0.00 1.00 OCTOPUS ...... 870 ...... 0.85 1.00 0.00 1.00 Target species categories at GOA only: DEEP WATER FLATFISH ...... 118 ...... 0.00 1.00 FLATHEAD SOLE ...... 122 ...... 0.00 1.00 REX SOLE ...... 125 ...... 0.00 1.00 SHALLOW WATER FLATFISH ...... 119 ...... 0.00 1.00 THORNYHEAD ROCKFISH ...... 143 ...... 0.00 1.00 Target species categories at BSAI only: OTHER FLATFISH ...... 120 ...... 0.00 1.00 ROCK SOLE ...... 123 ...... 0.00 1.00 YELLOWFIN SOLE ...... 127 ...... 0.00 1.00 GREENLAND TURBOT ...... 134 ...... 0.00 1.00 SQUID ...... 875 ...... 0.75 1.00 0.00 1.00
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TABLE 4 TO PART 679ÐBERING SEA SUBAREA STELLER SEA LION PROTECTION AREAS
From To Island Latitude Longitude Latitude Longitude
3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
Sea Lion Rocks ...... 55°28.0′ N 163°12.0′ W Ugamak Island ...... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W Akun Island ...... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W Akutan Island ...... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W Bogoslof Island ...... 53°56.0′ N 168°02.0′ W Ogchul Island ...... 53°00.0′ N 168°24.0′ W Adugak Island ...... 52°55.0′ N 169°10.5′ W Walrus Island ...... 57°11.0′ N 169°56.0′ W
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under part 679, Trawling Prohibited Within 20 nm).
Sea Lion Rocks ...... 55°28.0′ N 163°12.0′ W Akun Island ...... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W Akutan Island ...... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W Ugamak Island ...... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W Seguam Island ...... 52°21.0′ N 172°35.0′ W 52°21.0′ N 172°33.0′ W Agligadak Island ...... 52°06.5′ N 172°54.0′ W Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rook- ery extends around the entire shoreline of the island at mean lower low water.
TABLE 5 TO PART 679ÐALEUTIAN ISLANDS SUBAREA STELLER SEA LION PROTECTION AREAS
From To Island Latitude Longitude Latitude Longitude
3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
Yunaska Island ...... 52°42.0′ N 170°38.5′ W 52°41.0′ N 170°34.5′ W Seguam Island ...... 52°21.0′ N 172°35.0′ W 52°21.0′ N 172°33.0′ W Agligadak Island ...... 52°06.5′ N 172°54.0′ W Kasatochi Island ...... 52°10.0′ N 175°31.0′ W 52°10.5′ N 175°29.0′ W Adak Island ...... 51°36.5′ N 176°59.0′ W 51°38.0′ N 176°59.5′ W Gramp Rock ...... 51°29.0′ N 178°20.5′ W Tag Island ...... 51°33.5′ N 178°34.5′ W Ulak Island ...... 51°20.0′ N 178°57.0′ W 51°18.5′ N 178°59.5′ W Semisopochnoi ...... 51°58.5′ N 179°45.5′ E 51°57.0′ N 179°46.0′ E Semisopochnoi ...... 52°01.5′ N 179°37.5′ E 52°01.5′ N 179°39.0′ E Amchitka Island ...... 51°22.5′ N 179°28.0′ E 51°21.5′ N 179°25.0′ E Amchitka Is./Column Rocks ...... 51°32.5′ N 178°49.5′ E Ayugadak Point ...... 51°45.5′ N 178°24.5′ E Kiska Island ...... 51°57.5′ N 177°21.0′ E 51°56.5′ N 177°20.0′ E Kiska Island ...... 51°52.5′ N 177°13.0′ E 51°53.5′ N 177°12.0′ E Buldir Island ...... 52°20.5′ N 175°57.0′ E 52°23.5′ N 175°51.0′ E Agattu Is./Gillion Pt ...... 52°24.0′ N 173°21.5′ E Agattu Island ...... 52°23.5′ N 173°43.5′ W 52°22.0′ N 173°41.0′ E Attu Island ...... 52°54.5′ N 172°28.5′ W 52°57.5′ N 172°31.5′ E
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under part 679.20. Trawling Prohibited Within 20 nm).
Seguam Island ...... 52°21.0′ N 172°35.0′ W 52°21.0′ N 172°33.0′ W Agligadak Island ...... 52°06.5′ N 172°54.0′ W Note: Each rookery extends in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geograhic coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water.
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TABLE 6 TO PART 679ÐGULF OF ALASKA STELLER SEA LION PROTECTION AREAS
From To Island Latitude Longitude Latitude Longitude
3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
Outer Island ...... 59°20.5′ N 150°23.0′ W 59°21.0′ N 150°24.5′ W Sugarloaf Island ...... 58°53.0′ N 152°02.0′ W Marmot Island ...... 58°14.5′ N 151°47.5′ W 58°10.0′ N 151°51.0′ W Chirikof Island ...... 55°46.5′ N 155°39.5′ W 55°46.5′ W 155°43.0′ W Chowiet Island ...... 56°00.5′ N 156°41.5′ W 56°00.5′ N 156°42.0′ W Atkins Island ...... 55°03.5′ N 159°18.5′ W Chernabura Island ...... 54°47.5′ N 159°31.0′ W 54°45.5′ N 159°33.5′ W Pinnacle Rock ...... 54°46.0′ N 161°46.0′ W Clubbing Rocks-N ...... 54°43.0′ N 162°26.5′ W Clubbing Rocks-S ...... 54°42.0′ N 162°26.5′ W Ugamak Island ...... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W Akun Island ...... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W Akutan Island ...... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W Ogchul Island ...... 53°00.0′ N 168°24.0′ W
b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted under part 679.20. Trawling Prohibited Within 20 nm).
Akun I...... 54°18.0′ N 165°32.5′ W 54°18.0′ N 165°31.5′ W Akutan I...... 54°03.5′ N 166°00.0′ W 54°05.5′ N 166°05.0′ W Ugamak I...... 54°14.0′ N 164°48.0′ W 54°13.0′ N 164°48.0′ W Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates, along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic coordinates is listed, the rook- ery extends around the entire shoreline of the island at mean lower low water.
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TABLE 7 TO PART 679ÐCOMMUNITIES DETER- TABLE 7 TO PART 679ÐCOMMUNITIES DETER- MINED TO BE ELIGIBLE TO APPLY FOR COMMU- MINED TO BE ELIGIBLE TO APPLY FOR COMMU- NITY DEVELOPMENT QUOTAS (OTHER COMMU- NITY DEVELOPMENT QUOTAS (OTHER COMMU- NITIES THAT DO NOT APPEAR ON THIS TABLE NITIES THAT DO NOT APPEAR ON THIS TABLE MAY ALSO BE ELIGIBLE) MAY ALSO BE ELIGIBLE)ÐContinued
Aleutian Region: 1. Alakanuk 2. Chefornak 1. Akutan 3. Chevak 2. Atka 4. Eek 3. False Pass 5. Emmonak 4. Nelson Lagoon 6. Goodnews Bay 5. Nikolski 7. Hooper Bay 6. St. George 8. Kipnuk 7. St. Paul 9. Kongiganak Bering Strait: 10. Kotlik 1. Brevig Mission 11. Kwigilingok 2. Diomede/Inalik 12. Mekoryuk 3. Elim 13. Newtok 4. Gambell 14. Nightmute 5. Golovin 15. Platinum 6. Koyuk 16. Quinhagak 7. Nome 17. Scammon Bay 8. Savoonga 18. Sheldon's Point 9. Shaktoolik 19. Toksook Bay 10. St. Michael 20. Tununak 11. Stebbins 21. Tuntutuliak 12. Teller 13. Unalakleet 14. Wales [61 FR 31230, June 19, 1996, as amended at 61 15. White Mountain FR 41745, Aug. 12, 1996] Bristol Bay: 1. Alegnagik TABLE 8 TO PART 679ÐHarvest Zone Codes 2. Clark's Point for Use with Product Transfer Reports and 3. Dillingham Vessel Activity Reports 4. Egegik 5. Ekuk Harvest Description 6. Manokotak zone 7. Naknek A ...... EEZ off Alaska. 8. Pilot Point/Ugashi D ...... Donut Hole. 9. Port Heiden/Meschick F ...... Foreign Waters Other than Russia. 10. South Naknek I ...... International Waters other than Donut Hole and 11. Sovonoski/King Salmon Seamounts. 12. Togiak R ...... Russian waters. 13. Twin Hills S ...... Seamounts in International waters. U ...... U.S. EEZ other than Alaska. Southwest Coastal Lowlands:
TABLE 9 TO PART 679ÐREQUIRED LOGBOOKS, REPORTS AND FORMS FROM PARTICIPANTS IN THE FEDERAL GROUNDFISH FISHERIES
Catcher-proc- Shoreside Name of logbook/Form Catcher-vessel essor Mothership processor Buying station
Daily Fishing Logbook (DFL) ...... Yes No No No No Daily Cumulative Production Logbook (DCPL) ...... No Yes Yes Yes No Daily Cumulative Logbook (DCL) ...... No No No No Yes Check-in/Check-out Report ...... No Yes Yes Yes Yes U.S. Vessel Activity Report (VAR) ...... Yes Yes Yes No No Weekly Production Report (WPR) ...... No Yes Yes Yes No Daily Production Report (DPR)* ...... No Yes Yes Yes No Product Transfer Report (PTR) ...... No Yes Yes Yes No * When required by Regional Administrator. [61 FR 31302, June 19, 1996; 61 FR 40481, Aug. 2, 1996]
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PART 697—ATLANTIC COASTAL Commercial purposes - means for the FISHERIES COOPERATIVE MAN- purpose of selling or bartering all or AGEMENT part of the fish harvested. Commission means the Atlantic States Marine Fisheries Commission Sec. 697.1 Purpose and scope. established under the interstate com- 697.2 Definitions. pact consented to and approved by Con- 697.3 Relation to the Magnuson-Stevens gress in Public Laws 77–539 and 81–721. Act. Continuous transit means that a ves- 697.4 Relation to state law. sel does not have fishing gear in the 697.5 Civil procedures. water and remains continuously under- 697.6 Specifically authorized activities. way while in the EEZ. 697.7 Prohibitions. Crab trawl means any trawl net that AUTHORITY: 16 U.S.C. 1851 note; 16 U.S.C. is rigged for fishing and has a mesh size 5101 et seq. of 3.0 inches (7.62 cm), as measured be- tween the centers of opposite knots SOURCE: 62 FR 49455, Sept. 22, 1997, unless when pulled taut. otherwise noted. De minimis state means any state EFFECTIVE DATE NOTE: At 62 FR 49455, where the landings are so low that the Sept. 22, 1997, part 697 was revised, effective Commission’s Fisheries Management Oct. 22, 1997. For the convenience of the user, Board has exempted that state from the superseded text follows. some of its regulatory responsibilities § 697.1 Purpose and scope. under an Interstate Fishery Manage- ment Plan. The regulations in this part imple- Directed fishery means any vessel/per- ment section 804(b) of the Atlantic son fishing for a stock using gear or Coastal Fisheries Cooperative Manage- strategies intended to catch a given ment Act, 16 U.S.C. 5101 et seq., and sec- target species, group of species, or size tion 6 of the Atlantic Striped Bass Con- class. For the purpose of this regula- servation Act Appropriations Author- tion, any vessel/person targeting ization, 16 U.S.C. 1851 note, and govern weakfish. fishing in the EEZ on the Atlantic Flynets, for the purpose of this part, Coast for species covered by those acts. means any trawl net, except shrimp trawl nets containing certified BRDs § 697.2 Definitions. and approved TEDs, when required In addition to the definitions in under 50 CFR 227.72(e)(2), and except § 600.10 of this chapter, the terms in trawl nets that comply with the gear this part have the following meanings: restrictions specified at § 648.104 of this Approved TED means any approved chapter for the summer flounder fish- Ted as deined at 50 CFR 217.12. ery and contain an approved TED, Atlantic striped bass means members when required under 50 CFR 227.72(e)(2). of stocks or populations of the species Land means to begin offloading fish, Morone saxatilis found in the waters of to offload fish, or to enter port with the Atlantic Ocean north of Key West, fish. FL. Montauk Light means the aid to navi- Block Island Southeast Light means gation light located at Montauk Point, the aid to navigation light located at NY, and defined as follows: Located at Southeast Point, Block Island, RI, and 41°04.3’N. lat., 71°51.5’W. long.; is shown defined as follows: Located at 40°09.2’N. from an octagonal, pyramidal tower, lat., 71°33.1’W. long; is 201 ft (61.3 m) 108 ft (32.9 m) high; and has a covered above the water; and is shown from a way to a dwelling. brick octagonal tower 67 ft (20.4 m) Point Judith Light means the aid to high attached to a dwelling on the navigation light located at Point Ju- southeast point of Block Island, RI. dith, RI, and defined as follows: Lo- BRD means bycatch reduction device. cated at 41°21.7’N. lat., 71°28.9’W. long.; Certified BRDs means any BRD, as de- is 65 ft (19.8 m) above the water; and is fined in 50 CFR part 622 Appendix D: shown from an octagonal tower 51 ft Specifications for Certified BRDs. (15.5 m) high.
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Retain means to fail to return Atlan- § 697.7 Prohibitions. tic striped bass or weakfish to the sea (a) Atlantic Coast weakfish fishery. In immediately after the hook has been addition to the prohibitions set forth removed or the fish has otherwise been in § 600.725 of this chapter, the follow- released from the capture gear. ing prohibitions apply. It is unlawful Shrimp trawl net means any trawl net for any person to do any of the follow- that is rigged for fishing and has a ing: mesh size less than 2.50 inches (6.35 (1) Fish for, harvest, or possess any cm), as measured between the centers weakfish less than 12 inches (30.5 cm) of opposite knots when pulled taut, and in total length (measured as a straight each try net, as defined at § 622.2 of this line along the bottom of the fish from chapter, that is rigged for fishing and the tip of the lower jaw with the mouth has a headrope length longer than 16.0 closed to the end of the lower tip of the ft (4.9 m). tail) from the EEZ. TED (turtle excluder device) means a (2) Retain any weakfish less than 12 device designed to be installed in a inches (30.5 cm) in total length taken trawl net forward of the codend for the in or from the EEZ. purpose of excluding sea turtles from (3) Fish for weakfish in the EEZ with the net. a minimum mesh size less than 3 1/4– Weakfish means members of the stock inch (8.3 cm) square stretch mesh (as or population of the species Cynoscion measured between the centers of oppo- regalis, found along the Atlantic Coast site knots when stretched taut) or 3 3/ from southern Florida to Massachu- 4–inch (9.5–cm) diamond stretch mesh setts Bay. for trawls and 2 7/8–inch (7.3 cm) stretch mesh for gillnets. § 697.3 Relation to the Magnuson-Ste- (4) To possess more than 150 lb (67 kg) vens Act. of weakfish during any one day or trip, The provisions of sections 307 whichever is longer, in the EEZ when through 311 of the Magnuson-Stevens using a mesh size less than 3 1/4–inch Act, as amended, regarding prohibited (8.3 cm) square stretch mesh (as meas- acts, civil penalties, criminal offenses, ured between the centers of opposite civil forfeitures, and enforcement knots when stretched taut) or 3 3/4– apply with respect to the regulations inch (9.5 cm) diamond stretch mesh for in this part, as if the regulations in finfish trawls and 2 7/8–inch (7.3 cm) this part were issued under the Magnu- stretch mesh for gillnets. son-Stevens Act. (5) To fish using a flynet in the EEZ off North Carolina in the area bounded § 697.4 Relation to state law. as follows: The regulations in this part do not (i) On the north by a straight line preempt more restrictive state laws, or connecting points 35°10.8’N. lat., state enforcement of more restrictive 75°29.2’W. long. (3 nm off Cape Hat- state laws, with respect to weakfish teras) and 35°03.5’N. lat., 75°11.8’W. fishing. long. (20 nm off Cape Hatteras). (ii) The east by a straight line con- § 697.5 Civil procedures. necting points 35°03.5’N. lat., 75°11.8’W. The civil procedure regulations at 15 long. (20 nm off Cape Hatteras) and CFR part 904 apply to civil penalties, 33°21.1’N. lat., 77°57.5’W. long., (about 30 permit sanctions, seizures, and forfeit- nm off Cape Fear on the extension of ures under the Atlantic Striped Bass the North Carolina/South Carolina Act and the Atlantic Coastal Fisheries state line into the EEZ). Cooperative Management Act, and the (iii) On the south by a straight line regulations in this part. connecting points 33°21.1’N. lat., 77°57.5’W. long., and 33°48.8’N. lat., § 697.6 Specifically authorized activi- 78°29.7’W. long. (3 nm off Little River ties. Inlet on the North Carolina/South NMFS may authorize, for the acqui- Carolina state line). sition of information and data, activi- (iv) On the west by state waters. ties that are otherwise prohibited by (6) To possess any weakfish in the the regulations in this part. closed area of the EEZ, described in
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Paragraph (a)(5) of this section, when fishing in the EEZ on the Atlantic fishing with shrimp trawls or crab Coast for species covered by those acts. trawls. (7) To land weakfish for commercial § 697.2 Definitions. purposes caught in the EEZ in any In addition to the definitions in state other than Massachusetts, Rhode § 600.10 of this chapter, the terms in Island, Connecticut, New York, New this part have the following meanings: Jersey, Delaware, Maryland, Virginia, Atlantic striped bass means members or North Carolina. of stocks or populations of the species (b) Atlantic striped bass fishery. In ad- Morone saxatilis found in the waters of dition to the prohibitions set forth in the Atlantic Ocean north of Key West, § 600.725, the following prohibitions FL. apply. It is unlawful for any person to do any of the following: Block Island Southeast Light means (1) Fish for Atlantic striped bass in the aid to navigation light located at the EEZ. Southeast Point, Block Island, RI, and (2) Harvest any Atlantic striped bass defined as follows: Located at 40°09.2′ from the EEZ. N. lat., 71°33.1′ W. long; is 201 ft (61.3 m) (3) Possess any Atlantic striped bass above the water; and is shown from a in or from the EEZ, except for the fol- brick octagonal tower 67 ft (20.4 m) lowing area: The EEZ within Block Is- high attached to a dwelling on the land Sound, north of a line connecting southeast point of Block Island, RI. Montauk Light, Montauk Point, NY, Continuous transit means that a ves- and Block Island Southeast Light, sel remains continuously underway Block Island, RI; and west of a line while in the EEZ. connecting Point Judith Light, Point Fish, when used as a verb, for the pur- Judith, RI, and Block Island Southeast poses of this part, means any activity Light, Block Island, RI. Within this that involves: area, possession of Atlantic striped (1) The catching, taking, or harvest- bass is permitted, provided no fishing ing of fish; takes place from the vessel while in the (2) The attempted catching, taking, EEZ and the vessel is in continuous or harvesting of fish; transit. (3) Any other activity that can rea- (4) Retain any Atlantic striped bass sonably be expected to result in the taken in or from the EEZ. catching, taking, or harvesting of fish; or PART 697—ATLANTIC COASTAL (4) Any operations at sea in support FISHERIES COOPERATIVE MAN- or, or in preparation for, any activity AGEMENT described in paragraph (1), (2), or (3) of this definition. Sec. 697.1 Purpose and scope. Land means to begin offloading fish, 697.2 Definitions. to offload fish, or to enter port with 697.3 Relation to the Magnuson Act. fish. 697.4 Civil procedures. 697.5 Specifically authorized activities. Montauk Light means the aid to navi- 697.6 Prohibitions. gation light located at Montauk Point,
AUTHORITY: 16 U.S.C. 1851 note, 5101 et seq. NY, and defined as follows: Located at 41°04.3′ N. lat., 71°51.5′ W. long.; is SOURCE: 61 FR 29321, June 10, 1996, unless shown from an octagonal, pyramidal otherwise noted. tower, 108 ft (32.9 m) high; and has a § 697.1 Purpose and scope. covered way to a dwelling. The regulations in this part imple- Point Judith Light means the aid to ment section 804(b) of the Atlantic navigation light located at Point Ju- Coastal Fisheries Cooperative Manage- dith, RI, and defined as follows: Lo- ment Act, 16 U.S.C. 5101 et seq., and sec- cated at 41°21.7′ N. lat., 71°28.9′ W. long.; tion 6 of the Atlantic Striped Bass Con- is 65 ft (19.8 m) above the water; and is servation Act Appropriations Author- shown from an octagonal tower 51 ft ization, 16 U.S.C. 1851 note, and govern (15.5 m) high.
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Retain means to fail to return Atlan- apply. It is unlawful for any person to tic striped bass or weakfish to the sea do any of the following: immediately after the hook has been (1) Fish for weakfish in the EEZ. removed or the fish has otherwise been (2) Harvest any weakfish from the released from the capture gear. EEZ. Weakfish means members of the stock (3) Possess any weakfish in or from or population of the species Cynoscion the EEZ. regalis, found along the Atlantic coast (4) Fail to return to the water imme- from southern Florida to Massachu- diately, with the least possible injury, setts Bay. any weakfish taken within the EEZ. § 697.3 Relation to the Magnuson Act. (b) Atlantic striped bass fishery. It is unlawful for any person to do any of The provisions of sections 307 the following: through 311 of the Magnuson Act, as (1) Fish for Atlantic striped bass in amended, regarding prohibited acts, the EEZ. civil penalties, criminal offenses, civil (2) Harvest any Atlantic striped bass forfeitures, and enforcement apply with respect to the regulations in this from the EEZ. part, as if the regulations in this part (3) Possess any Atlantic striped bass were issued under the Magnuson Act. in or from the EEZ, except for the fol- lowing area: The EEZ within Block Is- § 697.4 Civil procedures. land Sound, north of a line connecting The civil procedure regulations at 15 Montauk Light, Montauk Point, NY, CFR part 904 apply to civil penalties, and Block Island Southeast Light, permit sanctions, seizures, and forfeit- Block Island, RI; and west of a line ures under the Atlantic Striped Bass connecting Point Judith Light, Point Act and the Atlantic Coastal Act, and Judith, RI, and Block Island Southeast the regulations in this part. Light, Block Island, RI. Within this area, possession of Atlantic striped § 697.5 Specifically authorized activi- bass is permitted, provided no fishing ties. takes place from the vessel while in the NMFS may authorize, for the acqui- EEZ and the vessel is in continuous sition of information and data, activi- transit. ties that are otherwise prohibited by (4) Fail to return to the water imme- the regulations in this part. diately, with the least possible injury, any Atlantic striped bass taken within § 697.6 Prohibitions. the EEZ.
(a) Atlantic Coast weakfish fishery. In EFFECTIVE DATE NOTE: At 61 FR 34746, addition to the prohibitions set forth July 3, 1996, in § 697.6 paragraph (a) was in § 600.725, the following prohibitions stayed, effective July 2, 1996.
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A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabet- ical list of agencies publishing in the CFR are included in the CFR Index and Finding Aids volume to the Code of Federal Regulations which is published sepa- rately and revised annually. Material Approved for Incorporation by Reference Table of CFR Titles and Chapters Alphabetical List of Agencies Appearing in the CFR List of CFR Sections Affected
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The Director of the Federal Register has approved under 5 U.S.C. 552(a) and 1 CFR Part 51 the incorporation by reference of the following publications. This list contains only those incorporations by reference effective as of the revision date of this volume. Incorporations by reference found within a regulation are effective upon the effective date of that regulation. For more information on incorporation by reference, see the preliminary pages of this volume.
50 CFR (PARTS 600–END) NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE 50 CFR Florida Marine Fisheries Commission 2540 Executive Center Circle West, Suite 106, Tallahassee, FL 32301; telephone (904) 487–0554 Florida Administrative Code, rules 62N–8.001 and 46–13.002(2)(e) 654.6(a) and (f), all as in effect as of April 14, 1995. Florida Administrative Code, rule 46–13.002(2)(b), in effect as of 654.20(b) April 14, 1995.
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Title 1—General Provisions
I Administrative Committee of the Federal Register (Parts 1—49) II Office of the Federal Register (Parts 50—299) IV Miscellaneous Agencies (Parts 400—500)
Title 2—[Reserved]
Title 3—The President
I Executive Office of the President (Parts 100—199)
Title 4—Accounts
I General Accounting Office (Parts 1—99) II Federal Claims Collection Standards (General Accounting Of- fice—Department of Justice) (Parts 100—299)
Title 5—Administrative Personnel
I Office of Personnel Management (Parts 1—1199) II Merit Systems Protection Board (Parts 1200—1299) III Office of Management and Budget (Parts 1300—1399) IV Advisory Committee on Federal Pay (Parts 1400—1499) V The International Organizations Employees Loyalty Board (Parts 1500—1599) VI Federal Retirement Thrift Investment Board (Parts 1600—1699) VII Advisory Commission on Intergovernmental Relations (Parts 1700—1799) VIII Office of Special Counsel (Parts 1800—1899) IX Appalachian Regional Commission (Parts 1900—1999) XI Armed Forces Retirement Home (Part 2100) XIV Federal Labor Relations Authority, General Counsel of the Fed- eral Labor Relations Authority and Federal Service Impasses Panel (Parts 2400—2499) XV Office of Administration, Executive Office of the President (Parts 2500—2599) XVI Office of Government Ethics (Parts 2600—2699) XXI Department of the Treasury (Parts 3100—3199) XXII Federal Deposit Insurance Corporation (Part 3201) XXIII Department of Energy (Part 3301)
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Title 6—[Reserved]
Title 7—Agriculture
SUBTITLE A—Office of the Secretary of Agriculture (Parts 0—26) SUBTITLE B—Regulations of the Department of Agriculture I Agricultural Marketing Service (Standards, Inspections, Mar- keting Practices), Department of Agriculture (Parts 27—209) II Food and Consumer Service, Department of Agriculture (Parts 210—299)
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Title 8—Aliens and Nationality
I Immigration and Naturalization Service, Department of Justice (Parts 1—499)
Title 9—Animals and Animal Products
I Animal and Plant Health Inspection Service, Department of Ag- riculture (Parts 1—199) II Grain Inspection, Packers and Stockyards Administration (Packers and Stockyards Programs), Department of Agri- culture (Parts 200—299) III Food Safety and Inspection Service, Meat and Poultry Inspec- tion, Department of Agriculture (Parts 300—599)
Title 10—Energy
I Nuclear Regulatory Commission (Parts 0—199) II Department of Energy (Parts 200—699) III Department of Energy (Parts 700—999) X Department of Energy (General Provisions) (Parts 1000—1099) XI United States Enrichment Corporation (Parts 1100—1199) XV Office of the Federal Inspector for the Alaska Natural Gas Transportation System (Parts 1500—1599) XVII Defense Nuclear Facilities Safety Board (Parts 1700—1799)
Title 11—Federal Elections
I Federal Election Commission (Parts 1—9099)
Title 12—Banks and Banking
I Comptroller of the Currency, Department of the Treasury (Parts 1—199) II Federal Reserve System (Parts 200—299) III Federal Deposit Insurance Corporation (Parts 300—399) IV Export-Import Bank of the United States (Parts 400—499) V Office of Thrift Supervision, Department of the Treasury (Parts 500—599) VI Farm Credit Administration (Parts 600—699) VII National Credit Union Administration (Parts 700—799)
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Title 13—Business Credit and Assistance
I Small Business Administration (Parts 1—199) III Economic Development Administration, Department of Com- merce (Parts 300—399)
Title 14—Aeronautics and Space
I Federal Aviation Administration, Department of Transportation (Parts 1—199) II Office of the Secretary, Department of Transportation (Aviation Proceedings) (Parts 200—399) III Commercial Space Transportation, Federal Aviation Adminis- tration, Department of Transportation (Parts 400—499) V National Aeronautics and Space Administration (Parts 1200— 1299)
Title 15—Commerce and Foreign Trade
SUBTITLE A—Office of the Secretary of Commerce (Parts 0—29) SUBTITLE B—Regulations Relating to Commerce and Foreign Trade I Bureau of the Census, Department of Commerce (Parts 30—199) II National Institute of Standards and Technology, Department of Commerce (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399) IV Foreign-Trade Zones Board, Department of Commerce (Parts 400—499) VII Bureau of Export Administration, Department of Commerce (Parts 700—799) VIII Bureau of Economic Analysis, Department of Commerce (Parts 800—899) IX National Oceanic and Atmospheric Administration, Department of Commerce (Parts 900—999) XI Technology Administration, Department of Commerce (Parts 1100—1199) XIII East-West Foreign Trade Board (Parts 1300—1399) XIV Minority Business Development Agency (Parts 1400—1499)
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Title 16—Commercial Practices
I Federal Trade Commission (Parts 0—999) II Consumer Product Safety Commission (Parts 1000—1799)
Title 17—Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1—199) II Securities and Exchange Commission (Parts 200—399) IV Department of the Treasury (Parts 400—499)
Title 18—Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of Energy (Parts 1—399) III Delaware River Basin Commission (Parts 400—499) VI Water Resources Council (Parts 700—799) VIII Susquehanna River Basin Commission (Parts 800—899) XIII Tennessee Valley Authority (Parts 1300—1399)
Title 19—Customs Duties
I United States Customs Service, Department of the Treasury (Parts 1—199) II United States International Trade Commission (Parts 200—299) III International Trade Administration, Department of Commerce (Parts 300—399)
Title 20—Employees’ Benefits
I Office of Workers’ Compensation Programs, Department of Labor (Parts 1—199) II Railroad Retirement Board (Parts 200—399) III Social Security Administration (Parts 400—499) IV Employees’ Compensation Appeals Board, Department of Labor (Parts 500—599) V Employment and Training Administration, Department of Labor (Parts 600—699) VI Employment Standards Administration, Department of Labor (Parts 700—799) VII Benefits Review Board, Department of Labor (Parts 800—899) VIII Joint Board for the Enrollment of Actuaries (Parts 900—999)
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Title 21—Food and Drugs
I Food and Drug Administration, Department of Health and Human Services (Parts 1—1299) II Drug Enforcement Administration, Department of Justice (Parts 1300—1399) III Office of National Drug Control Policy (Parts 1400—1499)
Title 22—Foreign Relations
I Department of State (Parts 1—199) II Agency for International Development, International Develop- ment Cooperation Agency (Parts 200—299) III Peace Corps (Parts 300—399) IV International Joint Commission, United States and Canada (Parts 400—499) V United States Information Agency (Parts 500—599) VI United States Arms Control and Disarmament Agency (Parts 600—699) VII Overseas Private Investment Corporation, International Devel- opment Cooperation Agency (Parts 700—799) IX Foreign Service Grievance Board Regulations (Parts 900—999) X Inter-American Foundation (Parts 1000—1099) XI International Boundary and Water Commission, United States and Mexico, United States Section (Parts 1100—1199) XII United States International Development Cooperation Agency (Parts 1200—1299) XIII Board for International Broadcasting (Parts 1300—1399) XIV Foreign Service Labor Relations Board; Federal Labor Relations Authority; General Counsel of the Federal Labor Relations Authority; and the Foreign Service Impasse Disputes Panel (Parts 1400—1499) XV African Development Foundation (Parts 1500—1599) XVI Japan-United States Friendship Commission (Parts 1600—1699) XVII United States Institute of Peace (Parts 1700—1799)
Title 23—Highways
I Federal Highway Administration, Department of Transportation (Parts 1—999) II National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (Parts 1200—1299) III National Highway Traffic Safety Administration, Department of Transportation (Parts 1300—1399)
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Title 25—Indians
I Bureau of Indian Affairs, Department of the Interior (Parts 1— 299) II Indian Arts and Crafts Board, Department of the Interior (Parts 300—399) III National Indian Gaming Commission, Department of the Inte- rior (Parts 500—599) IV Office of Navajo and Hopi Indian Relocation (Parts 700—799) V Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services (Part 900) VI Office of the Assistant Secretary-Indian Affairs, Department of the Interior (Part 1001)
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Title 26—Internal Revenue
I Internal Revenue Service, Department of the Treasury (Parts 1— 799)
Title 27—Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury (Parts 1—299)
Title 28—Judicial Administration
I Department of Justice (Parts 0—199) III Federal Prison Industries, Inc., Department of Justice (Parts 300—399) V Bureau of Prisons, Department of Justice (Parts 500—599) VI Offices of Independent Counsel, Department of Justice (Parts 600—699) VII Office of Independent Counsel (Parts 700—799)
Title 29—Labor
SUBTITLE A—Office of the Secretary of Labor (Parts 0—99) SUBTITLE B—Regulations Relating to Labor I National Labor Relations Board (Parts 100—199) II Office of Labor-Management Standards, Department of Labor (Parts 200—299) III National Railroad Adjustment Board (Parts 300—399) IV Office of Labor-Management Standards, Department of Labor (Parts 400—499) V Wage and Hour Division, Department of Labor (Parts 500—899) IX Construction Industry Collective Bargaining Commission (Parts 900—999) X National Mediation Board (Parts 1200—1299) XII Federal Mediation and Conciliation Service (Parts 1400—1499) XIV Equal Employment Opportunity Commission (Parts 1600—1699) XVII Occupational Safety and Health Administration, Department of Labor (Parts 1900—1999) XX Occupational Safety and Health Review Commission (Parts 2200—2499) XXV Pension and Welfare Benefits Administration, Department of Labor (Parts 2500—2599) XXVII Federal Mine Safety and Health Review Commission (Parts 2700—2799) XL Pension Benefit Guaranty Corporation (Parts 4000—4999)
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Title 31—Money and Finance: Treasury
SUBTITLE A—Office of the Secretary of the Treasury (Parts 0— 50) SUBTITLE B—Regulations Relating to Money and Finance I Monetary Offices, Department of the Treasury (Parts 51—199) II Fiscal Service, Department of the Treasury (Parts 200—399) IV Secret Service, Department of the Treasury (Parts 400—499) V Office of Foreign Assets Control, Department of the Treasury (Parts 500—599) VI Bureau of Engraving and Printing, Department of the Treasury (Parts 600—699) VII Federal Law Enforcement Training Center, Department of the Treasury (Parts 700—799) VIII Office of International Investment, Department of the Treasury (Parts 800—899)
Title 32—National Defense
SUBTITLE A—Department of Defense I Office of the Secretary of Defense (Parts 1—399) V Department of the Army (Parts 400—699) VI Department of the Navy (Parts 700—799) VII Department of the Air Force (Parts 800—1099) SUBTITLE B—Other Regulations Relating to National Defense XII Defense Logistics Agency (Parts 1200—1299) XVI Selective Service System (Parts 1600—1699) XIX Central Intelligence Agency (Parts 1900—1999) XX Information Security Oversight Office, National Archives and Records Administration (Parts 2000—2099) XXI National Security Council (Parts 2100—2199) XXIV Office of Science and Technology Policy (Parts 2400—2499) XXVII Office for Micronesian Status Negotiations (Parts 2700—2799) XXVIII Office of the Vice President of the United States (Parts 2800— 2899) XXIX Presidential Commission on the Assignment of Women in the Armed Forces (Part 2900)
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Title 34—Education
SUBTITLE A—Office of the Secretary, Department of Education (Parts 1—99) SUBTITLE B—Regulations of the Offices of the Department of Education I Office for Civil Rights, Department of Education (Parts 100—199) II Office of Elementary and Secondary Education, Department of Education (Parts 200—299) III Office of Special Education and Rehabilitative Services, Depart- ment of Education (Parts 300—399) IV Office of Vocational and Adult Education, Department of Edu- cation (Parts 400—499) V Office of Bilingual Education and Minority Languages Affairs, Department of Education (Parts 500—599) VI Office of Postsecondary Education, Department of Education (Parts 600—699) VII Office of Educational Research and Improvement, Department of Education (Parts 700—799) XI National Institute for Literacy (Parts 1100-1199) SUBTITLE C—Regulations Relating to Education XII National Council on Disability (Parts 1200—1299)
Title 35—Panama Canal
I Panama Canal Regulations (Parts 1—299)
Title 36—Parks, Forests, and Public Property
I National Park Service, Department of the Interior (Parts 1—199) II Forest Service, Department of Agriculture (Parts 200—299) III Corps of Engineers, Department of the Army (Parts 300—399) IV American Battle Monuments Commission (Parts 400—499) V Smithsonian Institution (Parts 500—599) VII Library of Congress (Parts 700—799) VIII Advisory Council on Historic Preservation (Parts 800—899) IX Pennsylvania Avenue Development Corporation (Parts 900—999) XI Architectural and Transportation Barriers Compliance Board (Parts 1100—1199) XII National Archives and Records Administration (Parts 1200—1299) XIV Assassination Records Review Board (Parts 1400-1499)
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Title 38—Pensions, Bonuses, and Veterans’ Relief
I Department of Veterans Affairs (Parts 0—99)
Title 39—Postal Service
I United States Postal Service (Parts 1—999) III Postal Rate Commission (Parts 3000—3099)
Title 40—Protection of Environment
I Environmental Protection Agency (Parts 1—799) V Council on Environmental Quality (Parts 1500—1599)
Title 41—Public Contracts and Property Management
SUBTITLE B—Other Provisions Relating to Public Contracts 50 Public Contracts, Department of Labor (Parts 50–1—50–999) 51 Committee for Purchase From People Who Are Blind or Severely Disabled (Parts 51–1—51–99) 60 Office of Federal Contract Compliance Programs, Equal Employ- ment Opportunity, Department of Labor (Parts 60–1—60–999) 61 Office of the Assistant Secretary for Veterans Employment and Training, Department of Labor (Parts 61–1—61–999) SUBTITLE C—Federal Property Management Regulations System 101 Federal Property Management Regulations (Parts 101–1—101–99) 105 General Services Administration (Parts 105–1—105–999) 109 Department of Energy Property Management Regulations (Parts 109–1—109–99) 114 Department of the Interior (Parts 114–1—114–99) 115 Environmental Protection Agency (Parts 115–1—115–99) 128 Department of Justice (Parts 128–1—128–99) SUBTITLE D—Other Provisions Relating to Property Manage- ment [Reserved] SUBTITLE E—Federal Information Resources Management Regu- lations System 201 Federal Information Resources Management Regulation (Parts 201–1—201–99) [Reserved] SUBTITLE F—Federal Travel Regulation System 301 Travel Allowances (Parts 301–1—301–99) 302 Relocation Allowances (Parts 302–1—302–99)
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Title 42—Public Health
I Public Health Service, Department of Health and Human Serv- ices (Parts 1—199) IV Health Care Financing Administration, Department of Health and Human Services (Parts 400—499) V Office of Inspector General-Health Care, Department of Health and Human Services (Parts 1000—1999)
Title 43—Public Lands: Interior
SUBTITLE A—Office of the Secretary of the Interior (Parts 1—199) SUBTITLE B—Regulations Relating to Public Lands I Bureau of Reclamation, Department of the Interior (Parts 200— 499) II Bureau of Land Management, Department of the Interior (Parts 1000—9999) III Utah Reclamation Mitigation and Conservation Commission (Parts 10000—10005)
Title 44—Emergency Management and Assistance
I Federal Emergency Management Agency (Parts 0—399) IV Department of Commerce and Department of Transportation (Parts 400—499)
Title 45—Public Welfare
SUBTITLE A—Department of Health and Human Services (Parts 1—199) SUBTITLE B—Regulations Relating to Public Welfare II Office of Family Assistance (Assistance Programs), Administra- tion for Children and Families, Department of Health and Human Services (Parts 200—299) III Office of Child Support Enforcement (Child Support Enforce- ment Program), Administration for Children and Families, Department of Health and Human Services (Parts 300—399) IV Office of Refugee Resettlement, Administration for Children and Families Department of Health and Human Services (Parts 400—499) V Foreign Claims Settlement Commission of the United States, Department of Justice (Parts 500—599) VI National Science Foundation (Parts 600—699) VII Commission on Civil Rights (Parts 700—799) VIII Office of Personnel Management (Parts 800—899)
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Title 46—Shipping
I Coast Guard, Department of Transportation (Parts 1—199) II Maritime Administration, Department of Transportation (Parts 200—399) IV Federal Maritime Commission (Parts 500—599)
Title 47—Telecommunication
I Federal Communications Commission (Parts 0—199) II Office of Science and Technology Policy and National Security Council (Parts 200—299) III National Telecommunications and Information Administration, Department of Commerce (Parts 300—399)
Title 48—Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1—99) 2 Department of Defense (Parts 200—299) 3 Department of Health and Human Services (Parts 300—399) 4 Department of Agriculture (Parts 400—499) 5 General Services Administration (Parts 500—599) 6 Department of State (Parts 600—699) 7 United States Agency for International Development (Parts 700—799) 8 Department of Veterans Affairs (Parts 800—899) 9 Department of Energy (Parts 900—999) 10 Department of the Treasury (Parts 1000—1099)
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Title 49—Transportation
SUBTITLE A—Office of the Secretary of Transportation (Parts 1— 99) SUBTITLE B—Other Regulations Relating to Transportation I Research and Special Programs Administration, Department of Transportation (Parts 100—199) II Federal Railroad Administration, Department of Transportation (Parts 200—299)
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Title 50—Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of the Inte- rior (Parts 1—199) II National Marine Fisheries Service, National Oceanic and Atmos- pheric Administration, Department of Commerce (Parts 200— 299) III International Fishing and Related Activities (Parts 300—399) IV Joint Regulations (United States Fish and Wildlife Service, De- partment of the Interior and National Marine Fisheries Serv- ice, National Oceanic and Atmospheric Administration, De- partment of Commerce); Endangered Species Committee Reg- ulations (Parts 400—499) V Marine Mammal Commission (Parts 500—599) VI Fishery Conservation and Management, National Oceanic and Atmospheric Administration, Department of Commerce (Parts 600—699)
CFR Index and Finding Aids
Subject/Agency Index List of Agency Prepared Indexes Parallel Tables of Statutory Authorities and Rules Acts Requiring Publication in the Federal Register List of CFR Titles, Chapters, Subchapters, and Parts Alphabetical List of Agencies Appearing in the CFR
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CFR Title, Subtitle or Agency Chapter ACTION 45, XII Administrative Committee of the Federal Register 1, I Advanced Research Projects Agency 32, I Advisory Commission on Intergovernmental Relations 5, VII Advisory Committee on Federal Pay 5, IV Advisory Council on Historic Preservation 36, VIII African Development Foundation 22, XV Federal Acquisition Regulation 48, 57 Agency for International Development, United States 22, II Federal Acquisition Regulation 48, 7 Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Agriculture Department Agricultural Marketing Service 7, I, IX, X, XI Agricultural Research Service 7, V Animal and Plant Health Inspection Service 7, III; 9, I Chief Financial Officer, Office of 7, XXX Commodity Credit Corporation 7, XIV Cooperative State Research, Education, and Extension 7, XXXIV Service Economic Research Service 7, XXXVII Energy, Office of 7, XXIX Environmental Quality, Office of 7, XXXI Farm Service Agency 7, VII, XVIII Federal Acquisition Regulation 48, 4 Federal Crop Insurance Corporation 7, IV Food and Consumer Service 7, II Food Safety and Inspection Service 9, III Foreign Agricultural Service 7, XV Forest Service 36, II Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II Information Resources Management, Office of 7, XXVII Inspector General, Office of 7, XXVI National Agricultural Library 7, XLI National Agricultural Statistics Service 7, XXXVI Natural Resources Conservation Service 7, VI Operations, Office of 7, XXVIII Rural Business-Cooperative Service 7, XVIII, XLII Rural Development Administration 7, XLII Rural Housing Service 7, XVIII, XXXV Rural Telephone Bank 7, XVI Rural Utilities Service 7, XVII, XVIII, XLII Secretary of Agriculture, Office of 7, Subtitle A Transportation, Office of 7, XXXIII World Agricultural Outlook Board 7, XXXVIII Air Force Department 32, VII Federal Acquisition Regulation Supplement 48, 53 Alaska Natural Gas Transportation System, Office of the 10, XV Federal Inspector Alcohol, Tobacco and Firearms, Bureau of 27, I AMTRAK 49, VII American Battle Monuments Commission 36, IV American Indians, Office of the Special Trustee 25, VII
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1986 50 CFR—Continued 51 FR Page 50 CFR 51 FR Chapter VI—Continued Page (b)(2), (c)(2)(i) (A) and (D), Chapter VI (ii)(A), (B), and (C), (e)(3)(ii), 604.1 (b) table amended (OMB and (f)(2)(i) suspensions, (b)(5), numbers) ...... 10550, (c)(2)(i) (F), (G), and (H), (ii) 16530, 28575, 37185, 46679 (D), (E), and (F), and (i) addi- 611 Specifications ...... 956, 3788, 25704 tions interim emergency ef- fectiveness extended to 11–18– Inseason adjustments ...... 4603, 86 ...... 30218 5198, 7446, 9658, 9966, 16058, 27412, 611.93 (b)(1)(iii), 33613 (c)(2)(ii)(E)(2)(iv), (F) and (G), Specifications corrected ...... 5713, 6914 and Figure 1 added; interim Specifications and inseason ad- emergency eff. to 9–2–86...... 20655 justments ...... 18333 (c)(2)(ii)(G) corrected...... 23079 Temporary regulations ...... 23079, 37407 (b)(1)(iii), (c)(2)(ii)(E)(2)(iv), (F) Inseason adjustments...... 41797 and (G), and Figure 1 addition 611.22 (a), (b)(1), and (c) re- interim emergency effective- vised...... 207 ness extended to 12–2–86 ...... 32334 (c), (d), and (e) redesignated as (b)(3)(ii)(A) suspended; (d), (e) and (f); (c) added ...... 32091 (b)(3)(ii)(D) added; interim 611.61 (b)(4) added...... 20300 emergency eff. to 1–20–87 ...... 37411 Technical correction ...... 40810 611.70 (b), (i), and (j) revised; (k) 619 Revised ...... 11925 removed ...... 17032 630.5 Amended ...... 16530 611.92 (b)(2), (c)(2)(i) (A) and (D), Existing text designated as (a); (ii) (A), (B), and (C), (e)(3)(ii), (b) and (c) added (effective and (f)(2)(i) suspended; (b)(5), date pending)...... 20300 (c)(2)(i) (F), (G), and (H), (ii) Eff. 8–5–86 to 10–31–87 ...... 28575 (D), (E), and (F), and (i) added; 630.21 (c) added...... 20300 interim emergency eff. to 8– 640 Fishery Management Plan 20–86 ...... 19206 notice ...... 5713 Technical correction ...... 21772 641.22 Table 1 corrected...... 28094, 29471 641.23 (b)(2) revised; eff. to 5–8– 87...... 19209 641.25 Revised ...... 19209 642 Temporary regulation ...... 9012
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50 CFR—Continued 51 FR 50 CFR—Continued 51 FR Page Page Chapter VI—Continued Chapter VI—Continued Technical correction ...... 11041 Appendix A amended ...... 26012 642.1 (b) revised...... 26011 649.1 Amended ...... 19212 642.2 Amended...... 9660, 26011 649.7 (a) introductory text and (6) 642.4 (a), (b) introductory text and (b)(2) revised...... 19212 and (7), (d), (f), and (g) revised; 649.21 Revised ...... 19212 (b)(8) added...... 9661 (b)(2) Figure 1 correctly added (a)(1) and (2) and (b)(6) revised ...... 22940 ...... 26011 649.22 Added ...... 19212 642.6 (a) introductory text re- 650.1 Effective date deferred...... 208, vised ...... 9661 11927, 16520 642.7 (a)(27) added; emergency eff. Effective date (51 FR 11927) cor- to 6–4–86 ...... 8326 rected ...... 23551 (a) (2), (19), (20), (21), (22), and 650.2 Effective date deferred...... 208, (25) revised; (a) (17) and (27) 11927, 16520 amended; (a) (28) through (31) Effective date (51 FR 11927) cor- added ...... 9661 rected ...... 23551 (a)(6) amended ...... 12857 650.7 Effective date deferred...... 208, (a)(27) republished; interim 11927, 16520 emergency effectiveness ex- Effective date (51 FR 11927) cor- tended ...... 16531 rected ...... 23551 (a)(18) revised; (a)(27) added; 650.20 Effective date deferred ...... 208, (a)(28) removed; (a)(29) 11927, 16520 through (31) redesignated as Corrected...... 11041 (a)(28) through (30)...... 26011 Effective date (51 FR 11927) cor- 642.21 (a) suspended in part; (f), rected ...... 23551 (g), and (h) added; emergency 650.21 Effective date deferred ...... 208, eff. to 6–4–86...... 8326 11927, 16520 Heading revised; (a) amended; (b)(1) corrected ...... 11041 (b), (c), (d), and (e) redesig- Effective date (51 FR 11927) cor- nated as (c), (d), (e), and (i); rected ...... 23551 new (b) added ...... 9661 650.22 Effective date deferred ...... 208, (a) suspension corrected; (b) cor- 11927, 16520 rectly suspended; emergency Effective date (51 FR 11927) cor- eff. to 6–4–86 ...... 10212 rected ...... 23551 (a) amended; (c) removed; (f), 650.23 Added; interim emer- (g), and (h) republished; in- gency ...... 24842 terim emergency effective- Effective date deferred ...... 34644 ness extended ...... 16531 651 Revised; interim eff. to 9–30– (a), (b), and (c) revised; (i) redes- 87...... 29645 ignated as (f)...... 26011 651.4 OMB number pending ...... 29642 642.22 Existing text designated as OMB number; interim effective- (a) and amended; (b) ness confirmed to 9–30–87 ...... 37185 added ...... 9662 651.21 OMB number pending ...... 29642 (b) revised...... 26012 OMB number; interim effec- 642.24 (c) amended ...... 9662 tiveness confirmed to 9–30–87 (b) removed; (c) redesignated as ...... 37185 (b)...... 12857 651.22 Interim effectiveness con- (b) revised...... 19210 firmed to 9–30–87 ...... 37185 642.28 Revised ...... 9662 651.23 (a)(1) corrected...... 34644 (c) revised ...... 26012 652 1986 quarterly quotas...... 757 642 Tables 1 and 2 and Figures Inseason adjustments ...... 8326 1 through 3 designated as Ap- 1986 annual and quarterly pendix A and Table 2 amend- quotas...... 10392 ed...... 9662 Temporary regulations ...... 23231, Figure 3 revised ...... 11311 40173, 44297
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50 CFR—Continued 51 FR 50 CFR—Continued 51 FR Page Page Chapter VI—Continued Chapter VI—Continued 652.7 (a) (3) and (4) revised; (a)(5) 655.7 Introductory text and (a) and (n) added...... 17347 through (m) redesignated as (a) 652.21 (b) and (c) revised ...... 17347 introductory text and (a) (2) 652.22 (a)(2) and (b)(2) revised...... 17347 through (14); new (a) introduc- tory text revised; (n) removed; 653 Added; interim emergency eff. (a) (1) and (15) and new (b) to 9–23–86 (effective date pend- added...... 10550 ing in part)...... 23553 655.20 Revised ...... 10550 Temporary regulations...... 26554 655.21 (a)(2), (b)(1)(iv) (A) and (B), Temporary regulations cor- (2), and (3) revised ...... 10551 rected ...... 27413 (a)(2), (b) introductory text, (1), Addition interim emergency ef- (2) introductory text, (i) and fectiveness extended to 12–22– (ii) introductory texts, (A)(1), 86 ...... 34219 (B)(1), (C)(3), and (c) revisions Revised...... 46679 effective date deferred...... 11451 653.2 Amended; interim emer- 655.22 (a) and (c) revised; (b) and gency eff. to 12–22–86...... 34220 (d) amended ...... 10552 653.3 (d) removed; interim emer- (a) and (b) revisions and (f) addi- gency eff. to 12–22–86...... 34220 tion effective date deferred 653.4 Text removed; interim ...... 11451 emergency eff. to 12–22–86...... 34220 655.23 Removed; new 655.23 redes- 653.5 Text removed; interim ignated from 655.24...... 10552 emergency eff. to 12–22–86...... 34220 Introductory text revision, (a)(1) and (b)(1) removals, and 653.7 (a)(1), (2), (3), and (6); re- (a)(2) and (b)(2) redesignations moved; (a)(4) and (5) and (7) as (a)(1) and (b)(1) effective through (14) redesignated as date deferred ...... 11451 (a)(3) through (12); new (a)(1) 655.24 Redesignated as 655.23 ...... 10552 and (2) added; interim emer- 658.1 (d) added; interim emer- gency eff. to 12–22–86...... 34220 gency eff. to 7–9–86...... 17489 653.21 Text removed; interim (d) removed; eff. 7–2–86...... 24675 emergency eff. to 12–22–86...... 34220 658.2 Amended; interim emer- 653.22 Revised; interim emer- gency eff. to 7–9–86...... 17489 gency eff. to 12–22–86...... 34220 Amendment removed; eff. 7–2–86 654 Fishery Management Plan ...... 24675 notice ...... 5714 658.5 (c) added; interim emer- 654.5 Removed ...... 30664 gency eff. to 7–9–86...... 17489 654.6 Heading and (a) introduc- Effective date confirmed; OMB tory text and (6) revised; (a) number ...... 19553 (1) through (7) amended; (a) (8) Correctly designated ...... 22525 through (24) added...... 30664 (c) removed; eff. 7–2–86 ...... 24675 654.20 (b) revised; (e) added ...... 30664 658.7 (n) added; interim emer- 654.22 Revised ...... 30664 gency eff. to 7–9–86...... 17489 655 Specifications...... 959, (n) removed; eff. 7–2–86...... 24675 658.25 (a) suspended; (c) added; in- 10552, 11742, 17189, 28241, 29555, terim emergency eff. to 7–9– 31774, 31775, 34644, 39377, 39755 86...... 17489 Inseason adjustments ...... 9966 (a) suspension terminated; (c) Purchase ratios ...... 42237 removed; eff. 7–2–86 ...... 24675 655.2 Amendment efective date 661 Final fishery management deferred...... 11451 measures ...... 16520 655.4 (a), (b)(1), (c), and (d) revised; Temporary regulations ...... 18795, (b)(2)(xi) redesignated as 21175, 24842, 26899, 28954, 29471, (b)(2)(xii); new (b)(2)(xi) 29654, 29932, 30066, 30364, 30867, added...... 10550 32091
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50 CFR—Continued 51 FR 50 CFR—Continued 51 FR Page Page Chapter VI—Continued Chapter VI—Continued Season reopened ...... 19350, 19844, 26159 672.2 Amended; interim emer- Final fishery management gency eff. to 6–6–86 ...... 8503 measures corrected...... 19350 Interim emergency effective- Revised fishery management ness extended ...... 20832 measures ...... 24352 672.20 (a) Table 1 revised; in- Inseason adjustments...... 24353, terim...... 958 26388, 26389, 26900, 27859, 28717, (a) Table 1 amended; (a)(4) 29234, 30867 added; interim emergency eff. 661.21 (b) (1) through (7) sus- to 8–20–86 ...... 19207 pended; new (b) (8) through (12) (b) suspended; (f) added; interim added; emergency eff. to 8–13– emergency eff. to 9–2–86 ...... 20662 86...... 18453 Technical correction ...... 21772 Emergency effectiveness ex- (a) Table 1 amendment and tended to 11–11–86 ...... 28717 (a)(4) addition interim emer- 661 Appendix amended; emer- gency effectiveness extended gency eff. to 8–13–86 ...... 18453 to 11–18–86...... 30218 Appendix amendment emer- (b) suspension and (f) addition gency effectiveness extended interim emergency effective- to 11–11–86...... 28717 ness extended to 11–30–86 ...... 30663 662 Final quotas...... 32334 672.21 Added; interim emergency 663 Specifications ...... 1255 eff. to 8–20–86...... 19208 Inseason adjustments ...... 8683, 12622 Technical correction ...... 21772 Restrictions ....30365, 31776, 34645, 37912 Addition interim emergency ef- Temporary regulations ...... 37913, 43357 fectiveness extended to 11–18– 663.27 (b)(3) suspended; (b)(4) 86 ...... 30218 added; interim emergency eff. 672.24 (c) added; interim emer- to 11–19–86...... 29935 gency eff. 6–6–86 ...... 8504 (b)(3) suspension and (b)(4) addi- (b) (1) and (2) suspended; (b) (3), tion interim emergency effec- (4), and (5) added; interim tiveness extended ...... 41969 emergency eff. to 9–2–86 ...... 20662 671 Inseason adjustments ...... 757, 28242 Interim emergency effective- Temporary regulations ...... 3468, ness extended ...... 20832 3602, 4170, 4603, 4753, 4754, 6543, (b)(4) corrected ...... 22287 10633, 11041, 15346, 19845 Suspended; interim emer- (b) (1) and (2) suspension and (b) gency eff. to 1–29–87 ...... 40029 (3), (4), and (5) additions in- terim emergency effective- 671.21 (a) Table 1 suspended in ness extended to 11–30–86 ...... 30663 part; interim emergency eff. to 4–14–86...... 2894 674 Temporary regulations ...... 25528, Suspension effectiveness cor- 26159, 27860, 29107, 30365, 32214, rected...... 4369 32478 (a) Table 1 suspended in part; 674.21 (a)(2) revised ...... 28244 interim emergency eff. to 6– 675 Specifications...... 956 16–86; (a) Table 1 amended; (b) Inseason adjustments ...... 16058, suspended; (d) added; interim 25529, 27412, 33613, 41797 emergency eff. to 7–14–86...... 12859 Specifications and inseason ad- 672 Specifications...... 956 justments ...... 18333 Inseason adjustments ...... 4603, Temporary regulations ...... 23079 5198, 7446, 9658, 16058, 41797 675.2 Amended; interim emer- Temporary regulations ...... 15347, gency eff. to 1–20–87 ...... 37412 16059, 17632, 19351, 21176, 24353, Technical correction ...... 40810 33614, 36404 675.7 (g) redesignated as (h); new Temporary regulations cor- (g) added; interim emergency rected ...... 28385 eff. to 9–2–86 ...... 20657
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50 CFR—Continued 51 FR 1987 Page 50 CFR 52 FR Chapter VI—Continued Page (g) redesignation as (h) and new Chapter VI (g) addition interim emer- 603 Suspended; interim eff. to 12– gency effectiveness extended 31–87 ...... 26686 to 12–2–86 ...... 32334 604 Removed...... 36780 675.20 (a) Table 1 revised; in- 604.1 (b) table amended (OMB terim...... 959 numbers) ...... 21544, 23838, 27816 (c)(1) suspended; (e) added; in- (b) table amended (OMB num- terim emergency eff. to 9–2– bers); eff. 10–23–87...... 35719 86 ...... 20657 (b) table entries transferred to Effectiveness corrected ...... 22525, 23079 204.1(b) table (OMB numbers) (c)(1) suspension and (e) addi- ...... 36780 tion interim emergency effec- 605 Added; interim eff. to 12–31– tiveness extended to 12–2–86 87...... 26686 ...... 32334 611 Specifications...... 785, 3248, 37464, 41560 (a)(7) revised; (a)(8) through (10) Specifications corrected ...... 3916 added; interim emergency eff. Preliminary reassessment...... 29528 to 1–20–87 ...... 37412 Temporary regulations and Technical correction ...... 40810 inseason adjustments ...... 31032 675.21 Added; interim emergency Harvest quotas ...... 31631 eff. to 9–2–86 ...... 20657 Annual harvest and processing Addition interim emergency ef- reassessment ...... 33593 fectiveness extended to 12–2– Inseason adjustments...... 37463, 38428, 86 ...... 32334 41303 675.22 Added; interim emergency Inseason adjustment corrected eff. to 9–2–86 ...... 20659 ...... 39329 Addition interim emergency ef- Temporary regulations ...... 43199, 44597 fectiveness extended to 12–2– Temporary regulations cor- rected ...... 46484 86 ...... 32334 611.22 (a), (b)(1), (c) and (d) re- 681.2 Amended...... 8508 vised...... 422 681.7 (b)(2) and (3) amended ...... 8508 Technical correction...... 1917 (b)(1) suspended; (b)(7) added; in- 611.60 (a)(3) effectiveness ex- terim emergency eff. to 12–26– tended ...... 36578 86 ...... 34993 611.61 (b)(3) effectiveness ex- (b)(1) suspended; (b)(7) added; in- tended; (b)(4) removed eff. 1– terim emergency eff. to 3–26– 1–88...... 36578 87 ...... 46863 611.81 Revised ...... 5984 681.21 Revised ...... 8508 611.92 (c)(1) (i) and (ii), (2)(ii)(A) 681.23 (a) and (b) suspended; (c) and (g) suspended; (c)(1) intro- ductory text revised; (c)(1) (iii) and (d) added; interim emer- and (iv), (2)(ii)(D) and (i) added; gency eff. to 12–26–86 ...... 34993 interim emergency eff. to 3– (a) and (b) suspended; (c) and (d) 31–87 ...... 426 added; interim emergency eff. (c)(1)(i) and (ii), (2)(i)(C) and to 3–26–87 ...... 46863 (ii)(A), and (g) revised ...... 7872 683 Added ...... 27414 Interim emergency effective- 683.7 (d)(2) corrected ...... 30367 ness extended ...... 10761 683.9 (d)(1) introductory text and 611.93 (b)(3)(ii)(A) suspension and (3)(i) corrected...... 30367 (b)(3)(ii)(D) addition interim (e) through (i) correctly des- emergency effectiveness ex- ignated ...... 32215 tended...... 2235 683.21 (b)(2)(vii) corrected ...... 30367 (b)(1)(iii), (c)(2)(ii)(E)(2)(iv), (F), and (G) and Figure 1 added ...... 8598
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50 CFR—Continued 52 FR 50 CFR—Continued 52 FR Page Page Chapter VI—Continued Chapter VI—Continued (b)(1)(ii)(E) removed and Table 641.7 Introductory text des- 1 amended; (b)(1)(ii) introduc- ignated as (a) and revised; (a) tory text and (A) and (iii) re- through (q) and (r) redesig- vised ...... 45969 nated as (a) (1) through (17) Effective date corrected ...... 48362 and (b); new (a)(14) amended; 621.3 Removed; new 621.3 redesig- (a)(18) added; eff. in part 10– 23–87 ...... 35720 nated from 621.4 ...... 10340 641.8 (d)(1) footnotes 1 and 2 621.4 Redesignated as 621.3 ...... 10340 amended...... 36781 630 Effectiveness extended in 641.22 Introductory text amend- part ...... 36578 ed; Figure 2 redesignated as 630.5 (b) and (c) effectiveness ex- Figure 3 ...... 35720 tended to 10–31–88...... 42295 641.24 (b)(4) revised...... 5118 630.7 (a) (5), (7), and (8) removed (b)(4)(iv) amended; Figure 3 re- eff. 1–1–88 ...... 36578 designated as Figure 4 ...... 35720 630.21 Removed eff. 1–1–88...... 36578 642 Temporary regulations ...... 2113, 630.23 Removed eff. 1–1–88...... 36578 4019, 4627, 35720, 42296, 47724, 638.2 Amended ...... 36781 49162, 49415 638.4 (a)(2) and (h) amended ...... 36781 642.2 Amended; interim emer- 638.5 Introductory text amend- gency eff. to 3–31–87 ...... 289 ed ...... 36781 Interim emergency effective- 638.6 (b)(2) amended ...... 36781 ness extended ...... 10762 638.22 (a)(2) and (c) amended ...... 36781 Amended...... 23838, 36579, 46091 640 Technical correction...... 23450 642.3 (c) amended ...... 23841 640.1 Amended ...... 22659 (b) revised...... 36579 642.4 (c) removed; (d) through (k) 640.2 Amended ...... 22659 redesignated as (c) through (j); 640.3 (a) amended; (c) revised...... 22659 (a), (b), new (c), (e), (f), and 640.4 Amended ...... 22659 (g) revised; new (k) added ...... 23838 640.6 (g) and (h) amended; (i) re- (a) (1), (2) and (3) amended; (d) vised...... 22659 revised...... 46091 640.7 Introductory text, (a) 642.5 (a) introductory text and (1) through (r) and (s) redesig- revised ...... 23839 nated as (a) introductory text, (a) introductory text, (b) intro- (1) through (18) and (b); new ductory text, and (c) introduc- (a) introductory text, (4), (6), tory text amended ...... 23841 (7), (10) and (11) and new (b) 642.6 (a) introductory text re- revised; new (a) (5), (15) and vised...... 23839 (18) amended; (a) (19, (20) and 642.7 (a)(20) suspended; (a)(31) and (21) added...... 22659 (32) added; interim emergency 640.20 (d) amended...... 22659 eff. to 3–31–87...... 289 640.21 (a) and (c) revised ...... 22659 (a)(20) interim emergency sus- 640.22 (b) revised ...... 22659 pension effectiveness ex- tended; (a) (31), (32), and (33) 640.23 (b)(1) amended...... 22659 added; interim emergency eff. 641 Nomenclature change...... 5118 to 6–29–87 ...... 10762 641.2 Amended...... 5118, 36781 (a) (5), (6), (17) through (22), and Amended; eff. 10–23–87...... 35719 (27) through (30) revised; Corrected ...... 37799, 39537 (a)(31) added...... 23839 641.5 Heading revised; text added; (a) (3), (4), and (12) amended eff. in part 10–23–87 ...... 35719 ...... 23841 (h) introductory text corrected (a)(9) amended ...... 36579 ...... 37799 642.20 Revised ...... 23840
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50 CFR—Continued 52 FR 50 CFR—Continued 52 FR Page Page Chapter VI—Continued Chapter VI—Continued 642.21 (d) and (e) suspended; (g) 649.4 (a) (1), (2) and (3) amended; and (h) added; interim emer- (d) revised...... 46091 gency eff. to 3–31–87 ...... 289 649.7 (a) introductory text and (d) and (e) interim emergency (b)(2) amended; (a)(5) revised; suspension effectiveness ex- (c) added ...... 46091 tended ...... 10762 649.20 (a) amended; (b) and (c) re- (g) and (h) removed; interim vised; (f) removed...... 46091 emergency eff. to 6–29–87...... 10763 649.21 (a)(1) revised; (a) introduc- (a)(3) amended; (a)(1)(iii) and (e) tory text, (b) introductory text removed; (a)(1) introductory and (4) (i), (ii), (iii), and (iv), text, (i), and (ii), (2), (c) and and (c)(1) amended; (c) intro- (d) revised; (f) redesignated as ductory text, (1), (2) and (3) (e) and revised ...... 23840 and (d) redesignated as (c)(1) Revised...... 25013 introductory text, (i), (ii), and (a)(1) (i) and (ii) corrected...... 33594 (iii) and (d)(1); new (c)(1) intro- (a)(1) (i) and (ii) amended...... 36579 ductory text amended; new 642.22 Revised ...... 23840 (c)(2) and (d)(2) added ...... 46091 642.23 (a) and (b) amended...... 23841 649.22 (b)(1) amended...... 46091 (a)(2) revised...... 36579 650 Temporary regulations ...... 44130 642.24 Revised ...... 23840 650.1 Amended...... 1463 642.26 (a)(1) introductory text and 650.2 Amended...... 1463 (iii) and (2) amended...... 23841 650.4 (d) revised...... 46485 (a)(1) introductory text and (ii), 650.7 (a) revised ...... 1463 (b) (1) and (2), (c)(3)(i) (B) and 650.20 Revised ...... 1463 (E) and (4) and Table 1 amend- 650.21 Revised ...... 1463 ed...... 36579 650.22 Revised ...... 1464 642.27 (b), (c), (f)(1)(ii), (2), and (3) (b)(1) correctly designated...... 39537 revised ...... 23840 650.23 Added ...... 1464 642.28 (g) through (j) added; in- 651 Temporary regulations ...... 17298, terim emergency eff. to 3–31– 22327 87...... 290 Revised (effective date pending (i) and (j) interim emergency in part) ...... 35094 addition effectiveness ex- 651.3 (c) corrected ...... 37159 tended ...... 10762 651.4 (a)(1) corrected ...... 39537 (g) and (h) revised; interim 651.6 (e) corrected ...... 39537 emergency eff. to 6–29–87...... 10763 651.21 (a)(2) table corrected...... 3250 Revised...... 23841 (a)(3) introductory text and (4) (a) revised...... 25014 corrected; (b)(2)(ii) correctly 642.29 Revised ...... 23841 designated ...... 39537 642 Appendix A amended ...... 23841 651.23 (a)(1) table corrected ...... 37159 646.1 Amended...... 9866 651.25 (a) and (b) corrected...... 37159 646.2 Amended ...... 9865, 9866 652 Temporary regulations ...... 4019, 646.3 (c) amended...... 9866 4020, 10763, 16274, 25014, 39921, 646.5 (a), (e), and (f) amend- 47008 ed...... 9866 1987 final quotas ...... 5461 646.6 (a) (17) and (18) amended; (a) Inseason adjustments...... 19352, (19), (20), and (21) added ...... 9865 32306, 49019 (a) (4), (5), (6), (7), (9), (16), and 652.1 Existing text designated as (18) amended ...... 9866 (a) and amended; (b) 646.21 (a), (b), and (c) amend- added...... 27816 ed...... 9866 652.2 Amended ...... 27816, 27817 646.22 (b) (4) and (5) amend- 652.4 (c) introductory text and (h) ed...... 9866 introductory text revised; 646.24 Added ...... 9866 (h)(2) redesignated as (h)(3); 649.2 Amended ...... 46091 new (h)(2) added ...... 27816
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50 CFR—Continued 52 FR 50 CFR—Continued 52 FR Page Page Chapter VI—Continued Chapter VI—Continued (a)(1) (i) and (ii) amended...... 27817 658.23 Introductory text des- 652.7 (a) introductory text and ignated as (a); (a) and (b)(1)(i) (f)(1) revised; (m) and (n) redes- introductory text, (A), and (B), ignated as (n) and (o); new (m) (ii), and (iii) amended...... 19148, 19149 added...... 27816 658.24 (a) and (b) amended...... 19148 652.10 Amended...... 27817 658.25 (a) amended and suspended; 652.21 (a)(3), (b)(3), and (c) (2) and (c) added; eff. to 8–14–87...... 19148 (3) revised ...... 27817 658.26 Amended...... 19148 652.22 (a)(4) and (f)(1) revised; 661 Fishery management meas- (f)(2) amended...... 27817 ures ...... 17264 653.1 Revised; eff. 10–16–87 ...... 34921 Temporary regulations ...... 18702, 653.2 Corrected...... 1917 19149, 24297, 27817, 28562, 28721, Amended; eff. 10–16–87...... 34921 29700, 32015, 32800, 35263 653.3 (b) revised; (d) added; eff. 10– Fishery management measures 16–87 ...... 34922 correction and clarification 653.4 (a) revised; eff. 10–16–87...... 34922 ...... 19353 653.5 (b)(1) introductory text cor- Inseason adjustments ...... 24296, rected ...... 1917 25605, 26013, 27004, 27560, 28268, (b) introductory text revised; 29019, 29529, 31033, 32135, 33244 eff. 10–16–87 ...... 34922 Inseason adjustment corrected 653.7 (a) (1), (7), and (8) revised; ...... 29020 (a) (15) and (16) amended; (a) Inseason adjustments and tem- (17) through (22) added; eff. 10– porary regulations...... 29860 16–87 ...... 34922 661.1 Revised ...... 49020 661.2 (e) added; eff. 10–14–87 ...... 34808 653.21 Revised; eff. 10–16–87...... 34922 (a) revised...... 49020 653.22 Revised; eff. 10–16–87...... 34922 661.3 Amended; eff. 10–14–87 ...... 34808 653.23 (a) and (b) corrected ...... 1917 Amended ...... 49020 Revised; eff. 10–16–87 ...... 34922 661.5 (b)(10) revised; (b) (17) (a) corrected ...... 36863 through (20) added; eff. 10–14– 653.24 Revised; eff. 10–16–87...... 34922 87...... 34808 654.2 Amended ...... 36781, 36941 661.20 (a) introductory text re- 654.3 (b) amended ...... 36781 vised ...... 4148 654.4 (b)(2) amended ...... 36781 661.21 (b) revised...... 4148 654.6 (b) amended ...... 36782 (a) amended ...... 49021 654.20 (c) amended...... 36782 661 Appendix amended ...... 4148–4149 654.22 (a)(2) and (b) amended...... 36782 Appendix II amended ...... 49021 654.23 (a) amended...... 36782 662 Harvest quotas...... 31631 655 Specifications...... 537, 663 Specifications...... 682 30166, 45197 Restrictions ...... 790, 658.1 (c) amended; (d) added...... 19148 11473, 15726, 27818, 37466, 38429 658.2 Amended ...... 19148, 19149 Temporary regulations ...... 41304, 658.5 (c) added; eff. from OMB ap- 42445, 45455 proval to 8–14–87...... 19148 Inseason adjustments...... 31034 Eff. 5–20–87 to 8–14–87 ...... 21544 Annual harvest and processing 658.6 (a) and (b) amended ...... 19148 reassessment ...... 33593 658.7 Introductory text and (a) 663.21 (a)(2) removed; (a)(3) redes- through (l) redesignated as (a) ignated as (a)(2)...... 4911 introductory text and (1) 663.23 (a) and (b) amended ...... 4911 through (12); new (a) introduc- 663.25 Added ...... 4911 tory text revised; (m) removed; 663.26 (c) revised; (g) redesignated new (b) added; new (a) (1), (3), as (h); new (g) added ...... 4911 (4), (6), and (8) amended ....19148, 19149 663.27 (b)(3) amended ...... 4911 658.9 Amended ...... 19149 671 Suspension interim emer- 658.21 (b) amended...... 19148 gency effectiveness extended 658.22 Amended...... 19148 to 4–29–87...... 1632
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50 CFR—Continued 52 FR 50 CFR—Continued 52 FR Page Page Chapter VI—Continued Chapter VI—Continued Removed...... 17579 (b) (1) and (2) revised; (b)(3) 672 Specifications...... 785, 41560 added ...... 2414 Specifications corrected ...... 3916 Technical correction...... 3916 Temporary regulations ...... 9495, (b) revised; (c) added; eff. in part 11991, 12183, 12916, 17404, 20720, to 12–31–89 ...... 7876 22327, 23552, 27202, 32137, 35424, (c) addition interim emergency 35721, 36039, 43199, 43917, 45342, effectiveness extended...... 10761 48691 (b)(2) corrected; (b)(3) heading Inseason adjustments ...... 37463, correctly added...... 12183 38428, 41303, 42114 674 Temporary regulations ...... 26014, Inseason adjustment corrected 26482, 29020 ...... 39329 Technical correction ...... 30766 672.2 Amended; interim emer- 674.21 (a)(2) revised ...... 23452 gency eff. to 3–31–87 ...... 427 675 Specifications...... 785, 37464 Amended ...... 7872 Specifications corrected ...... 3916 Amended; interim emergency Temporary regulations ...... 15949, eff. to 6–16–87 ...... 9172 25232, 28722, 34656, 44597 Interim emergency effective- Inseason adjustments ...... 18367, ness extended ...... 10761 21958, 24297, 29021 672.5 (a)(3) suspended; (a)(4) added; interim emergency eff. Inseason adjustments corrected to 3–31–87 ...... 427 ...... 19962, 33245 (a) heading, (3) introductory Temporary regulations and text, (i), and (iv) revised...... 7873 inseason adjustments...... 31032, 36270 (a)(5) added; interim emergency Temporary regulations cor- eff. to 6–16–87 ...... 9172 rected ...... 46484 Interim emergency effective- 675.2 Amended; interim emer- ness extended ...... 10761 gency eff. to 3–31–87 ...... 430 (a) (1) and (2) revised...... 49022 Amendment interim emergency 672.7 (i) added; interim emer- effectiveness extended ...... 2235 gency eff. to 3–31–87 ...... 427 Amended; eff. in part to 12–31– (h) redesignated as (i); new (h) 88...... 8600 added ...... 7873 Amendment interim emergency Interim emergency effective- effectiveness extended...... 10761 ness extended ...... 10761 Amended ...... 11993 672.20 Heading revised; (a), (b), 675.5 (a)(3) suspended; (a)(4) (c), (d)(4) and (e) suspended; added; interim emergency eff. (d)(5), (f) through (j) added; in- to 3–31–87 ...... 430 terim emergency eff. to 3–31– (a)(3) introductory text, (i) and 87...... 427 (iv) revised ...... 8600 (b) revised ...... 2414 Interim emergency effective- Technical correction...... 3916 ness extended ...... 10761 (c), (d), and (e) redesignated as (a) (1) and (2) revised...... 49022 (d), (e), and (f); heading, (a), 675.7 Introductory text revised; (b), new (e)(4), and (f)(1) re- (g) redesignated as (j); new (g), vised; new (d)(4) redesignated (h), and (i) added; eff. in part as (d)(5) and revised; new (c) to 12–31–88 ...... 8600 and (d)(4) added; new (d) and 675.20 (a)(7) revision and (a)(8) (f) republished...... 7873 through (11) addition interim Interim emergency effective- emergency effectiveness ex- ness extended ...... 10761 tended...... 2235 672.22 Heading, (a), and (b) re- (b)(1)(ii) redesignated as vised ...... 7875 (b)(1)(iii); new (b)(1)(ii), (e), (f), 672.24 (c) added; interim emer- and (g) added; (c)(1) revised gency eff. to 3–31–87 ...... 430 ...... 8600
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50 CFR—Continued 52 FR 50 CFR—Continued 52 FR Page Page Chapter VI—Continued Chapter VI—Continued (a)(7) revised; (a) (8) through (10) 683.24 (a) introductory text re- added ...... 11993 vised; (d) (1) and (2) redesig- (e)(3) introductory text cor- nated as (d) (2) and (3); new rected ...... 13375 (d)(1) added ...... 38103 (b) heading and (c)(1) revised; 685 Added ...... 5987 (b)(3) added; eff. in part to 12– 685.2 Corrected ...... 32015 31–89...... 45969 685.6 (d) (1), (2), (3) and (4) cor- rected...... 12641 Effective date corrected ...... 48362 675.21 Revised; eff. to 12–31– 88 ...... 8601 1988 675.22 Revised; eff. to 12–31– 50 CFR 53 FR 88 ...... 8604 Page 681 Heading revised...... 47574 Chapter VI 681.1 (b) amended...... 9497 601.37 (Subpart D) Added...... 39304 Revised...... 47574 602.2 (b) amended ...... 24645 681.2 Amended...... 9497, 47575 602.12 (c)(1) amended...... 24645 681.4 (a) (1) and (k) amended; (b)(2) 602.13 (d)(2) amended...... 24645 (ix) through (xiv) revised; (b)(2) 602.10—602.17 (Subpart B) Appen- (xv) through (xxi) added ...... 47575 dix A amended ...... 24645 681.5 (d)(1) amended...... 9497 611 Specifications...... 741, 890, 894, 31009 (a) introductory text, (1), (2), Specifications corrected ...... 2147 and (4), (b) introductory text, Eligibility criteria ...... 29337 and (c) introductory text Temporary regulations ...... 31872, 32051 amended; (b)(1) (iv), (v), and Harvest quotas ...... 32394 (d) removed; (b)(1) introduc- Inseason adjustments...... 52714 tory text added and (b)(1) (i), 611.1 (a) revised...... 13412 (ii), and (iii), and (2) revised 611.2 Amended ...... 13412, 24646 ...... 47575 611.3 (a)(1) revised...... 13412 681.7 (b)(1) revised; (a)(12) amend- (e)(2) amended ...... 24653 ed...... 9497 611.4 (a), (c) (1), (2), (3), (7), (8) (a) (1), (7), and (12), (b)(1)(i), (2), and (9), and (f)(1) amend- (3), and (4), and (c)(1) introduc- ed ...... 24653 tory text, (2), (3) and (4) 611.7 (a) (8), (9), and (23) and (b)(2) amended ...... 47575 amended...... 24653 681.10 (b) amended...... 47575 611.8 (a) and (b) introductory text 681.20 Amended ...... 9497 and (1) amended ...... 24653 Nomenclature changes ...... 47575 611.9 (a)(2), (c) introductory text, 681.21 Revised ...... 47575 (d)(1), and (h) amended ...... 24653 681.22 Nomenclature change ...... 47575 611.10 (e) amended...... 24653 681.23 Revised ...... 9497 611.12 (c) (1), (2), and (3) amend- (b) amended ...... 47575 ed ...... 24653 611.15 (a) and (b) amended...... 24653 681.24 (a) and (b) amended; (c) and 611.1—611.16 (Subpart A) Appen- (d) added ...... 47575 dix C amended...... 24647 681.25 Nomenclature changes...... 47575 Appendixes B, C, F, I, J, and K 681.26 (a) amended...... 47575 amended ...... 24653 681.27 (a), (b), and (d) introduc- 611.20 (c) amended...... 24651 tory text amended ...... 47575 611.22 (a), (b)(1), (c) and (d) re- 681.28 (a) introductory text vised...... 138 amended...... 47575 Technical correction...... 3401 681.30 Nomenclature changes...... 47575 (f)(2) amended...... 24653 681.32 Nomenclature change ...... 47575 611.50 (a) Figure 1 map re- 681.34 Nomenclature change ...... 47575 vised...... 24652 681.35 Nomenclature change ...... 47575 (a) amended ...... 24653
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50 CFR—Continued 53 FR 50 CFR—Continued 53 FR Page Page Chapter VI—Continued Chapter VI—Continued (b)(4)(ii) amended ...... 39477 24660, 38294 Technical correction ...... 43319 638.3 (a) revised; (c) removed ...... 24655 611.60 (a) (1) and (2), (c)(2), and (b) amended ...... 24660 (d) amended ...... 24653 638.4 (h) removed ...... 24656 611.61 (a) amended...... 24653 638.5 Introductory text revised; 611.62 (a) amended...... 24653 (d) and (f) through (l) removed; 611.70 (a) and (j)(4)(iv) amend- (e) redesignated as (d); (a) ed ...... 24653 through (d) amended...... 24656 611.80 (a) amended...... 24653 Technical correction ...... 27798 611.82 (a), (b)(1) introductory 638.6 Revised ...... 24656 text, (f), and (h)(2) amend- 638.7 Revised ...... 24656 ed ...... 24653 Redesignated as 638.8; new 638.7 611.90 (a), (d), and (f) (1) and (2) added ...... 24656 amended...... 24653 Amended ...... 38294 611.92 (b), (c)(1) heading and (i) 638.8 Redesignated from 638.7 ...... 24656 revised ...... 7759 640.2 Amended ...... 17196, 24655, 38294 (c)(2)(ii)(A) amended ...... 7762 Corrected...... 39581 (a) amended ...... 24653 640.3 (b) and (c) removed; (a) re- 619.3 Amended ...... 24653 designated as (b); new (a) 619.4 (a)(1) and (b) amended ...... 24653 added...... 24655 620 Added ...... 24653 640.7 (a) (20) and (21) amended; (a) 620.8 (d) (1), (2), and (3) cor- (22), (23), and (24) added...... 17196 rected...... 27798 Heading revised; (a) introduc- 621.1 (a), (b), and (c) amend- tory text, (2), (13) through (18), ed ...... 24655 and (21) and (b) removed; 621.2 (a) introductory text and (4), (a)(1), (3) through (12), (19), (b), and (c) amended ...... 24655 (22), (23), (24), and (20) redesig- 621.3 Revised ...... 24655 nated as (a) through (p); new 625 Added ...... 39477 (a) through (n) and (p) amend- Technical correction ...... 43319 ed; introductory text added 630.1 (b) amended ...... 24660 ...... 24656 630.2 Amended ...... 24655, 27694 640.8 Revised ...... 24656 630.3 Revised ...... 24655 640.9 Revised ...... 24656 630.4 (a) amended ...... 24660 640.20 Revised ...... 17196 630.5 Heading revised ...... 24656 640.21 (c) revised ...... 17196 630.6 (a) introductory text 640.22 (b) revised ...... 17197 amended...... 24660 641.2 Amended ...... 24655, 38294 (a) revised...... 27694 641.3 Revised ...... 24655 630.7 (a) introductory text, (5), (7) 641.5 Heading revised ...... 24656 through (11), and (13) through (a), (b) introductory text, (c) in- (17) and (b) removed; (a)(1) troductory text, (d) introduc- through (4), (6), and (12) redes- tory text, (g) introductory ignated as (a) through (f) and text and (5), (h) introductory amended; introductory text text and (i) amended...... 38294 added...... 24656 641.7 (a) introductory text and (f) redesignated as (h); new (f) (11) through (17) and (b) re- and (g) added ...... 27694 moved; (a)(1) through (10) and 630.8 Revised ...... 24656 (18) redesignated as (a) through 630.9 Revised ...... 24656 (k); new (a) through (j) amend- 630.21 (a) (3), (4), and (5) amend- ed; introductory text ed ...... 24660 added...... 24656 Amendments at 53 FR 24660 re- 641.8 Revised ...... 24656 moved...... 27693 641.9 Revised ...... 24656 638.1 (b) amended ...... 24660 641.23 (b)(3) redesignated as (b)(2) 638.2 Amended ...... 24655, and revised ...... 30847
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50 CFR—Continued 53 FR 50 CFR—Continued 53 FR Page Page Chapter VI—Continued Chapter VI—Continued 642 Temporary regulations ...... 3401, 646.6 (a) introductory text and 39097, 40231, 47718, 49325, 51280 (10) through (16) and (b) re- 642.2 Amended ...... 24655, 38294 moved; (a) (1) through (9) and Technical correction ...... 27693 (17) through (21) redesignated as (a) through (n); new (a) 642.3 (a) revised; (b) removed; (c) through (m) amended; intro- redesignated as (b) ...... 24655 ductory text added...... 24656 642.5 Heading revised ...... 24656 646.7 Revised ...... 24656 (a) introductory text and (3), (b) 646.8 Revised ...... 24656 introductory text, (c) intro- 649.2 Amended ...... 24655 ductory text, and (e) amended 649.3 Existing text amended and ...... 38294 designated as (b); (a) 642.7 (a) introductory text, (1), (7) added...... 24655 through (12), and (24) and (b) Revised...... 24655 removed; (a)(2) through (6), (13) 649.5 Heading revised ...... 24656 through (22), (25) through (31) 649.7 (a) introductory text and (b) and (23) redesignated as (a) introductory text revised; through (w); new (a) through (b)(1), (6) through (9), (11), (12), (u) and (w) amended; introduc- and (13) removed; (b)(2), (3), (5), tory text added ...... 24656 and (10) redesignated as (b)(1), 642.8 Revised ...... 24656 (2), (3), and (5); (a)(1) through 642.9 Revised ...... 24656 (7) and new (b)(1) through (5) 642.21 (a)(1) introductory text, (i) amended...... 24656 and (ii) and (2), (b) (1) and (2), 649.8 Revised ...... 24656 (c) (1) and (2), and (d) (1) and 649.9 Revised ...... 24656 (2) amended ...... 25613 649.22 (a)(2) amended...... 24657 (a)(2) amended; interim emer- 650.2 Amended ...... 23636, 24655 gency eff. to 2–1–89 ...... 45098 650.3 Revised ...... 24655 642.28 (a) (2) and (3) revised; 650.5 Heading revised ...... 24656 (a)(4)(iii) removed; (a)(5) 650.7 (m) amended...... 23636 added...... 25614 Introductory text revised; (e), 644 Added; eff. in part 10–28–88 and (g) through (j), (l), (m), and 12–27–88...... 37769 (n) removed; (d), (f), and (k) 644.7 (e) amended; eff. to 12–26– redesignated as (e), (d), and 88...... 45099 (f); new (a) through (f) amend- 644.24 (c) added; eff. to 12–26– ed...... 24657 88...... 45099 650.8 Revised ...... 24656 645.1 (b) amended ...... 24660 650.9 Revised ...... 24656 645.2 Amended ...... 24655, 24660 650.20 (a) amended; (c) added ...... 23636 650.24 Added ...... 23636 645.3 Revised ...... 24655 651.2 Amended ...... 24655 645.5 Heading revised ...... 24656 651.3 Heading revised; (b) re- 645.6 (c) (2) and (3) amended ...... 24660 moved; (a) redesignated as (b); 645.7 Introductory text revised; new (a) added ...... 24655 (b) and (i) through (o) removed; 651.5 Heading revised ...... 24656 (c) through (h) redesignated as 651.7 (a) introductory text re- (b) through (g); (a) through (g) vised; (b)(6), (7), (11) through amended...... 24656 (14), (16), and (17) and (c) re- 645.8 Revised ...... 24656 moved; (b)(8), (9), (18), (10), and 645.9 Revised ...... 24656 (15) redesignated as 645.22 (a) introductory text (b)(6)through (10); (a)(1) and amended...... 24660 (b)(1) through (6), (9), and (10) 646.2 Amended ...... 24655, 38294 amended...... 24657 646.3 (a) revised; (b) removed; (c) 651.8 Revised ...... 24656 redesignated as (b) ...... 24655 651.9 Revised ...... 24656
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50 CFR—Continued 53 FR 50 CFR—Continued 53 FR Page Page Chapter VI—Continued Chapter VI—Continued 651.20 (b)(1) suspended; (a)(3), (a) introductory text, (6), (9) (b)(4), and Figure 5 added; in- through (14) and (16) and (b) terim emergency eff. to 3–31– removed; (a)(20), (1) through 88 ...... 5774 (5), (7), (8), (17), (18), (19), (21), 652 Harvest quotas ...... 8632 (22), and (15) redesignated as Temporary regulations ...... 20854, (a) through (n); new (a) 36462, 50970 through (l) and (n) amended; 652.2 Amended ...... 24655 introductory text added ...... 24657 652.3 Revised ...... 24655 (b), (c), (d), and (h) through (m) 652.5 Heading revised ...... 24656 removed; (e), (f), (g), and (n) 652.7 (d), (f), and (o) removed; (e), redesignated as (b) through (g), (h) introductory text, and (e); (a), new (b), and (c) amend- (i) through (n) redesignated as ed; new (d) revised ...... 24664 (d) through (l); (a) introduc- 653.8 Revised ...... 24656 tory text, (b), (c), new (d), (e), 653.9 Revised ...... 24656 (f) introductory text, (g), (h), 653.20 Revised ...... 24664 (i), (k), and (l) amended; intro- 653.21 Suspended; interim emer- ductory text and new (m) gency eff. to 3–30–88 ...... 246 added...... 24657 Suspension interim emergency 652.8 Revised ...... 24656 effectiveness extended to 6–28– 652.9 Revised ...... 24656 88...... 7368 652.23 (b)(2)(i) revised ...... 4630 Revised...... 24664 653.2 Amended ...... 24655, 653.22 (b), (d) and (e) suspended; 24664, 38294 (f) added; interim emergency 653.3 (a) revised; (b) removed; (c) eff. to 3–30–88...... 246 and (d) redesignated as (b) and (b), (d) and (e) suspension and (c)...... 24655 (f) addition interim emer- (c) revised ...... 24664 gency effectiveness extended 653.4 Text removed ...... 24664 to 6–28–88 ...... 7368 653.5 Heading revised ...... 24656 (a) revised; (b), (d), and (e) re- (a), (b), (c) (4) and (5), (d), (f), moved; (c) redesignated as (b) and (g) removed; (c) and (e) ...... 24664 redesignated as (a) and (b); 653.23 Suspended; interim emer- new (a)(2) amended; new (a)(3) gency eff. to 3–30–88 ...... 246 revised...... 24664 Suspension interim emergency (a) introductory text amended effectiveness extended to 6–28– ...... 38294 88...... 7368 653.7 (a) (8), (17) through (19), (21) Text removed ...... 24664 and (22) suspended; (c) added; 653.24 (a)(4) and (b) (2), (3), and interim emergency eff. to 3– (4) revised; (b)(1) amended ...... 24664 30–88 ...... 246 (a) introductory text and (b) (a) (8), (17) through (19), (21) and amended ...... 38294 (22) suspension and (c) addi- 653 Appendix removed ...... 24664 tion interim emergency effec- 654.2 Amended ...... 24655, 38294 tiveness extended to 6–28–88 654.3 (a) and (b) redesignated as ...... 7368 (b) and (c); new (a) added; new (c) redesignated as (o); eff. to (c) amended ...... 24655 6–28–88...... 24657 654.4 (b) (1), (2) and (3) and (c) (1) and (2) introductory text amended...... 24657
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50 CFR—Continued 53 FR 50 CFR—Continued 53 FR Page Page Chapter VI—Continued Chapter VI—Continued 654.6 (a) introductory text and (1) (a) introductory text and (4) and through (7) and (b) removed; (b) introductory text amended (a)(8) through (24) redesignated ...... 38294 as (a) through (q); new (a) 658.7 (a) introductory text, (1), (4), through (p) amended; intro- (6) through (10), and (12) and ductory text added...... 24657 (b) removed; (a)(2), (3), (5), and 654.7 Revised ...... 24656 (11) redesignated as (a) through 654.8 Revised ...... 24656 (d) and amended; introductory 654.20 (a), (c), and (d) amend- text added...... 24658 ed ...... 24657 658.8 Revised ...... 24656 654.22 (a) introductory text, (2), 658.9 Revised ...... 24656 and (4) amended ...... 24657 658.22 Existing text redesignated 654.23 (a), (b)(1)(i) and (ii), and (3) as (a); new (b) added; emer- amended...... 24657 gency eff. to 2–2–89...... 45271 654.24 (a) introductory text, (1), Figure 1 revised ...... 45273 (2), (3), and (8)(i)(B) and (b) (b) corrected ...... 46745 amended...... 24657 658.25 (a) suspended; (c) added; eff. 655 Specifications ...... 6991, 43718 to 7–31–88 ...... 18841 Specifications corrected...... 45854 661 Temporary regulations ...... 16415, 655.1 (a) amended ...... 24660 22000, 22655, 29338, 29479, 31344, 655.2 Amended ...... 24655, 24660 31872, 32233, 34543, 34760, 35316 655.3 Revised ...... 24657 Inseason adjustments...... 20119, 26599, 28228, 30286, 31343, 35513 655.5 Heading revised ...... 24656 Technical correction ...... 27798 655.7 Heading revised; (a) intro- Temporary regulations and ductory text, (2), (3), (4), (6), inseason adjustments ...... 28227 (7), (9), and (13) removed; (a)(1), Plan amendments...... 30285 (10), (11), (12), (14), and (15) and 661.1 Amended ...... 24658 (b) and (a)(5) and (8) redesig- 661.2 Redesignated as 661.3; new nated as (a) through (i); (a) 661.2 redesignated from 661.3 through (e), (g), and (i) amend- and amended...... 24658 ed; introductory text 661.3 Amended; interim emer- added...... 24657 gency eff. to 7–29–88 ...... 16012 Technical correction ...... 27798 Technical correction...... 19368, 24295 655.8 Revised ...... 24656 Redesignated as 661.2 and 655.9 Revised ...... 24656 amended; new 661.3 redesig- 655.23 (a) amended...... 24660 nated from 661.2 ...... 24658 657 Added ...... 4983 (a) through (e) redesignated as 657.2 Amended ...... 24655 (b) through (f); new (a) added; 657.3 Heading and (a) revised ...... 24655 new (e) amended ...... 24658 657.4 (a) introductory text, (3), (4), Amended ...... 24655 (6) through (9), and (11) and 661.4 Heading revised ...... 24656 (b) removed; (a)(1), (2), (5), and 661.5 Heading revised; (b) intro- (10) redesignated as (a) through ductory text and (9) through (d) and amended; introductory (13) removed; (a) redesignated text added...... 24658 as (b) and amended; (b)(1) 657.5 Revised ...... 24656 through (8), (15), (18), (20), (14), 657.6 Revised ...... 24656 (16), (17), and (19) redesignated 658 Fishery management as (a)(1) through (11), (15), (13), plan...... 49992 and (14), and (12); new (a) intro- 658.2 Amended ...... 24655, 38294 ductory text added...... 24658 658.3 (a) revised; (c) removed ...... 24655 661.6 Revised ...... 24656 658.5 (c) added; interim emer- 661.7 Revised ...... 24656 gency eff. to 7–31–88 ...... 22000 661 Appendix amended; interim Heading revised ...... 24656 emergency eff. to 7–29–88 ...... 16012
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50 CFR—Continued 53 FR 50 CFR—Continued 53 FR Page Page Chapter VI—Continued Chapter VI—Continued Technical correction...... 19368, 24295 669.8 Revised ...... 24656 Appendix II amendment interim 669.9 Revised ...... 24656 emergency effectiveness ex- 669.21 Amended...... 24660 tended to 10–27–88 ...... 29235 669.23 (a), (b), and (d) amend- 662 Harvest quotas...... 32394 ed ...... 24660 662.2 Amended ...... 24655, 24660 669.24 (b) (1) and (2) amend- 662.3 Revised ...... 24658 ed ...... 24660 662.5 (c) removed...... 24658 672 Specifications...... 890 662.6 Introductory text and (c) Temporary regulations...... 16129, through (i) removed; (a)(3) and 19921, 22327, 23402, 24295, 25491, (b) amended; new introductory 26441, 31010, 32051, 36462 text added...... 24658 Inseason adjustments...... 23401, 52714 662.7 Revised ...... 24656 672.2 Amended; interim emer- 662.8 Revised ...... 24656 gency eff. to 6–7–88 ...... 7940 663 Specifications...... 246, 31009 Corrected ...... 9773 Restrictions ...... 248, Amended; interim emergency 29480, 36793, 39606 eff. to 9–5–88 ...... 21650 Plan amendments...... 20634 Amended ...... 24655, Eligibility criteria ...... 29337 24660, 44011 Temporary regulations...... 32621 672.3 (a) revised ...... 7759 663.1 (a) amended ...... 24660 (b) and (c) removed; (a) redesig- 663.2 Amended ...... 22002, nated as (b) and heading re- 24655, 24660 moved; new (a) added...... 24658 663.3 (a) and (b) redesignated as 672.5 Technical correction ...... 991 (b) and (c); new (a) added...... 24655 (a)(3)(iv) introductory text re- 663.4 Heading revised ...... 24656 Amended ...... 24658 vised; (a)(3)(iv) (E) and (F) re- Existing text designated as (a); designated as (a)(3)(iv) (F) and (b) added ...... 47957 (G); new (a)(3)(iv) (E) and (H) 663.7 (b) revised; (o) amended; (p) and (v) added ...... 7760 and (q) added...... 22002 Heading revised ...... 24656 Heading revised; introductory (b)(3)(v) amended ...... 44012 text, (a) through (e), (g), (k), 672.6 Added ...... 11298 and (q) removed; (h), (i), (j), 672.7 Introductory text revised; (l), (m), (f), (n), (o), and (p) re- (b) through (f) and (i) removed; designated as (a) through (e), (g) and (h) redesignated as (b) (i), (f), (g), and (h); new (a) and (c); (a), new (b), and (c) through (i) amended; new in- amended...... 24658 troductory text added...... 24658 672.8 Revised ...... 24656 (q) amended; (r) added ...... 47957 672.9 Revised ...... 24656 663.8 Revised ...... 24656 672.20 (a)(2)(i) redesignated as 663.9 Revised ...... 24656 (a)(2)(ii); (a)(2) introductory 669.1 (a) and (b) amended ...... 24658 text, (c)(1), (d)(2) and (5)(i) and 669.2 Amended ...... 24655 (e)(1) revised; new (a)(2)(i) 669.3 Revised ...... 24655 added; (f)(2)(i) amended ...... 7760 669.4 Amended ...... 24660 (a)(2)(ii) introductory text, (A), 669.5 Heading revised ...... 24656 (b)(1), (c)(2) (i), (ii), and (iii) 669.6 (a) and (e) (2) and (3) amend- (A) and (B) amended...... 7762 ed ...... 24660 672.22 (a)(1)(iii), (2)(i)(B) and (iii) 669.7 (a) introductory text, (12) and (3)(vi) amended ...... 7762 through (15), and (17) through 672.23 (b) revised ...... 44012 (20) and (b) removed; (a)(1) 672.24 (b) (1) and (2) revised...... 6650 through (11) and (16) redesig- (b) (1), (2), and (3) (i) and (ii) nated as (a) through (l) and amended...... 7762 amended; introductory text 674 Temporary regulations ...... 26779, added...... 24658 28403, 31010, 34303, 35317, 36289
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50 CFR—Continued 53 FR 50 CFR—Continued 53 FR Page Page Chapter VI—Continued Chapter VI—Continued Inseason adjustments...... 35080 680.3 Existing text amended and 674.1 (a) and (b) amended ...... 24659 designated as (b); (a) 674.2 Amended ...... 24655, 24660 added...... 24655 674.3 Revised ...... 24659 680.4 (k) amended...... 27523 674.5 Heading revised ...... 24656 680.5 (a)(3) removed; (a)(4) redes- Amended ...... 24660 ignated as (a)(3) ...... 27523 674.7 Introductory text revised; 680.7 (a) introductory text re- (c) through (i) removed; (a) in- vised; (a)(6) through (13) re- troductory text and (b) amend- moved; (a) (1), (2)(iv), (4), and ed ...... 24659 (5) amended ...... 24659 674.8 Revised ...... 24656 680.8 Revised ...... 24656 674.9 Revised ...... 24656 680.9 Revised ...... 24656 674.21 (a)(2) revised ...... 25493 680.10 Added ...... 27521 674.23 (a)(1) and (b)(2) (ii) and (iii) 680.21 (c)(3) amended...... 24659 amended...... 24660 (a) Table 1 amended ...... 27523 675 Specifications...... 894 680.25 (a) and (b) amended...... 24660 681.1 (b) amended ...... 24659 Specifications corrected ...... 2147 (a) amended ...... 24660 Temporary regulations ...... 4178, 681.2 Amended ...... 24655 7941, 19303, 21454, 22328, 25493, 681.3 Heading revised; existing 37581, 39479, 39744, 47544, 49994 text designated as (b); (a) Inseason adjustments...... 12772, added...... 24655 16552, 18841, 23402, 26599, 28229, 681.4 (b)(2)(xxi) revised...... 52999 33140, 35081, 38725, 39097, 40894, 681.5 (a) (3), (4) and (5) amended; 47545, 49552 (b)(2)(x), (4) and (5) and (c)(4) Inseason adjustments corrected (iii) and (iv) removed; (b)(2) ...... 39718 (viii) and (ix), (c) introductory Technical correction ...... 27798 text, (3), (4) introductory text, 675.1 (a)(2) amended ...... 24659 (i) and (ii) revised ...... 52999 675.2 Amended ...... 24655, 24660 681.7 (a) introductory text re- 675.3 Revised ...... 24659 vised; (a) (4) and (7) through 675.5 Technical correction ...... 991 (13) removed; (a)(5) and (6) re- (a)(3)(iv) introductory text re- designated as (a)(4) and (5); (a), vised; (a)(3)(iv) (E) and (F) re- (b)(2) through (5), and (c)(2) and designated as (a)(3)(iv) (F) and (3) amended ...... 24659 (G); new (a)(3)(iv) (E) and (H) 681.8 Revised ...... 24656 and (v) added ...... 7761 681.9 Revised ...... 24656 Heading revised ...... 24656 681.24 (c) introductory text and 675.7 Revised ...... 24659 (1) revised; (c)(3) added ...... 52999 675.8 Revised ...... 24656 683.1 (a) amended ...... 24660 675.9 Revised ...... 24656 683.2 Amended ...... 24655, 676.2 Amended ...... 24655 24660, 29908 676.3 (a) and (b) redesignated as 683.3 Heading revised; existing (b) and (c); new (a) added...... 24655 text designated as (b); (a) 676.5 Heading revised; introduc- added...... 24655 tory text and (c) through (i) 683.4 Heading revised ...... 24656 removed; (a) and (b) amended; 683.5 (a) (1) through (5) amend- new introductory text ed ...... 24660 added...... 24659 (a)(2) (i) and (ii) added...... 29908 676.6 Revised ...... 24656 683.6 Heading and introductory 676.7 Revised ...... 24656 text revised; (a) through (e), 680.1 (a) and (b) amended ...... 24660 (g), and (h) removed; (f), (i), (b) revised...... 27521 (j), and (k) redesignated as (d), 680.2 Amended ...... 24655 (b), (a), and (c); new (b) and Amended ...... 27521, 27523 (d) amended ...... 24659
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50 CFR—Continued 53 FR 50 CFR—Continued 54 FR Page Page Chapter VI—Continued Chapter VI—Continued (k), (l), (m), and (n) added ...... 29909 Appendix A corrected ...... 50306 683.7 Revised ...... 24656 611.1 (c) revised; interim ...... 21925 683.8 Revised ...... 24656 611.3 (a)(3) revised; interim ...... 21925 683.10 Added ...... 29909 611.7 (a) (25) through (27) redesig- 683.11 Added ...... 29909 nated as (a) (26) and (28); new 683.21 (a) and (f) revised ...... 29909 (a)(25) added...... 16371 683.25 Redesignated as 683.26; new 611.8 (d) through (j) redesignated 683.25 added...... 29909 as (e) through (k); new (d) 683.26 Redesignated from added; new (f), (h)(1), (2)(ii), and 683.25 ...... 29909 (k)(1)(i) amended ...... 16371 683.27 Added ...... 29911 611.22 (b)(1), (c) and (d) re- 683.28 Heading added...... 29911 vised ...... 6933 685.2 Amended ...... 24655 611.70 (d)(1) introductory text and 685.3 Heading revised; existing (3)(i) revised ...... 18904 test designated as (b); (a) 611.92 (c)(1)(iii) added; interim added...... 24655 emergency; eff. to 6–26–89 ...... 13194 685.4 Heading revised ...... 24656 (c)(1)(iii) effective date extended 685.5 (a) introductory text, (1) to 9–23–89 ...... 27384 through (5), (7), and (8) and (b) (c)(2)(i) introductory text re- removed; (a)(6), (9), and (10) re- vised ...... 50394 designated as (c), (a), and (b); 611.93 (c)(2)(ii) (F) and (G) sus- new (a) and (c) amended; intro- pended; (H) and (I) added; emer- ductory text added...... 24659 gency interim; eff. to 6–13– 685.6 Revised ...... 24656 89...... 11380 685.7 Revised ...... 24656 Corrected...... 12989 (b)(1)(iii) suspended; (b)(1)(iv) 1989 added temporary; interim 50 CFR 54 FR emergency; eff. to 6–26–89...... 13194 Page (b)(1)(ii) Table 1 amended; Chapter VI (b)(3)(ii)(A) revised; 600 Added ...... 1704 (b)(3)(ii)(D) added ...... 18523 601 Revised ...... 1706 (c)(2)(ii) amended eff. to 9–11–89 602 Revised ...... 30833 ...... 25280 602.11 (c)(9)(ii) corrected ...... 31640 (b)(1)(iii) and (iv) effective date 602.13 (d)(1)(v) and (2) cor- extended to 9–23–89 ...... 27384 rected...... 31640 (b)(5) added; eff. to 12–31–90 ...... 32648 602.14 (b)(1) corrected...... 31529 (b)(3)(i) introductory text re- 602.17 (b)(2)(v) and (c) cor- vised; (c)(2) through (4) redes- rected...... 31640 ignated as (c)(3) through (5); 602.10—602.17 (Subpart B) Appen- new (c)(2) added ...... 50394 dix A corrected ...... 31529 620.3 (d) revised...... 50394 604 Added ...... 1710 642 Temporary regulations ...... 153, 605 Added ...... 1712 306, 14360, 43970, 53322 611 Specifications ...... 32, Technical correction...... 1471 3605, 32819, 43821 642.1 (b) revised...... 29563 Restrictions ...... 299 642.2 Amended ...... 29564 Specifications corrected ...... 2039 642.4 (a) (1), (2), and (3), (b)(3), and Catch monitoring...... 3039 (c) amended ...... 29564 Specifications, inseason adjust- 642.5 (a) introductory text, (b) in- ments, etc ...... 6524 troductory text, (c) introduc- Regulation at 54 FR 32819; eff. tory text and (e) revised; (a)(2) 9–15–89...... 37109 amended...... 29564 Temporary regulations ...... 37110 642.6 (a) revised...... 29564 611.1—611.16 (Subpart A) Appen- 642.7 (x) added; interim emer- dix A amended ...... 47681 gency; eff. to 5–30–89 ...... 13691
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50 CFR—Continued 54 FR 50 CFR—Continued 54 FR Page Page Chapter VI—Continued Chapter VI—Continued (k), (m), (n) and (v) amended; (b)(2)(i) suspended; (b)(4) added; (g), (j), (q) and (r) revised; (x) eff. to 4–1–89 ...... 10011 added ...... 29564 651.22 (a)(1) table amended; (c) 642.21 (c)(3) added...... 29565 and (e)(2) revised ...... 4801 (a)(1) introductory text, (i), (ii), 651.23 (a) revised...... 4802 (2), (b) (1), (2), (c) (1), (2), (d) 651.26 Added ...... 52804 (1), and (2) amended ...... 30554 652 Temporary regulations ...... 47682, (c)(2) and (d)(2) amended ...... 38528 49298 642.22 Heading and (b) revised; (a) 1989 annual quotas ...... 6415 amended...... 29565 Inseason adjustments ...... 8751 Area opening ...... 30749 642.23 (a) (1) and (2) amended; (c) 652.23 (a)(4) added; eff. through 11– revised ...... 29565 9–89...... 33701 642.24 (e) added; interim emer- (a)(4) effective date extended to gency; eff. to 5–30–89 ...... 13691 2–7–90 ...... 47365 (a) (1) and (2) amended; (a)(3) 654.23 (b) heading added; (b)(1) re- added; (d) revised...... 29565 vised; eff. 10–1–89 ...... 38235 642.28 (a) introductory text Figure 3 revised; eff. 10–1–89...... 38236 amended...... 29565 655 Specifications ...... 2134 644.7 (g) effective date deferred 7777, 10549, 52035 pending OMB approval...... 821 Specifications corrected...... 18114 644.24 (b) effective date deferred 658.5 (c) added (temporary) ...... 16125 pending OMB approval...... 821 658.22 Existing text designated as 646 Technical correction ...... 5938 (a); new (b) added; eff. to 11– 646.1 (b) revised ...... 1722 3–89...... 16125 646.2 Amended...... 1722 (b) revised; Figure 1 suspended; 646.4 Amended...... 1722 Figure 2 added eff. to 11–3–89 646.6 (b) and (k) amended; (h) and ...... 36036 (i) revised; (o) and (p) (b) Figure 2 corrected as Figure added ...... 1722 1a; interim...... 39187 (n) removed; (o) and (p) redesig- 658.23 (b) heading added; (b)(1) re- nated as (n) and (o); (l) and vised; eff. 10–1–89 ...... 38235 (m) revised ...... 8343 Figure 4 removed; new Figure 646.22 Text revised...... 1722 3 added; eff. 10–1–89 ...... 38236 646.24 (a)(1) and (b) revised; 658.25 (a) amended; Figure 3 re- (a)(20), (21), and (c) added ...... 8343 designated as Figure 4...... 38238 649.2 Amended ...... 48618 661 Fishery management 649.20 (b) table revised...... 48618 plan...... 19798, 25462 Temporary regulations ...... 19904, 649.21 (c) introductory text 25586, 25876, 30390, 41591, 41952 added; (c)(1) introductory text Fishery management plan cor- and (2) revised...... 48618 rected ...... 24175, (c)(3) added (effective date pend- 24288, 28818 ing)...... 48618 Inseason adjustments ...... 24906, 650 Entry control date ...... 16123 31196, 31841, 37110, 41592 651 Figures 1 and 4 revised...... 4802 661.2 (d) amended ...... 19191 651.2 Amended ...... 52804 Amended ...... 20603 651.7 (b)(11) added ...... 4800 661.4 (a) amended; (b) redesig- 651.20 (a) (1), (2), (b)(1), (c)(2), nated as (c); new (b) added (ef- (d)(1) introductory text, and fective date pending) ...... 19191 (2), (f) introductory text, and (b) amended (OMB number) ...... 29731 (3) revised; eff. in part 1–1– 661.5 (a)(8) revised...... 19191 90 ...... 4800 661.20 (a) introductory text Amended; Appendix A added...... 41975 amended; (a)(1)(iii) and (5) 651.21 (a) heading and (1) table added (effective date pend- amended ...... 4801 ing) ...... 19191
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50 CFR—Continued 54 FR 50 CFR—Continued 54 FR Page Page Chapter VI—Continued Chapter VI—Continued (a)(1)(iii) amended (OMB num- 672.5 (a)(3) (ii) and (iii) removed; ber)...... 29731 (a)(3) (iv) and (v) redesignated 661.21 (a) (1), (2), and (3) amend- as (a)(3) (ii) and (iii); (a)(3) in- ed ...... 19192 troductory text, (i), and new 661.22 (a) amended...... 19192 (ii) revised ...... 18524 661.23 (a) through (c) revised; (d) (b) and (c) redesignated as (d) removed; (e) and (f) redesig- and (e); (a) and new (d) head- nated as (d) and (e) ...... 19192 ing revised; new (b) and (c) 661 Appendix amended ...... 19192 added ...... 50397 672.7 (d) added ...... 50401 Appendix amended (OMB num- 672.20 (a)(2) and (f)(1) revised ...... 50401 ber)...... 29731 (f)(2) temporarily suspended; 662 Harvest quotas...... 41976 (f)(3) added; eff. to 12–31–90 662.20 (b)(1) suspended; (b)(3) ...... 50401 added; interim through 12–23– 672.23 Revised ...... 50401 89...... 40113 672.24 (c) revised; eff. to 12–31– Corrected...... 41976 92...... 50401 Regulation at 54 FR 40113 effec- 672.27 Revised ...... 50404 tive date extended to 3–23–90 674 Temporary regulations ...... 30225, ...... 52398 33904 663 Specifications ...... 32 674.21 (a)(2) revised ...... 28425 Specifications corrected ...... 2039 675 Clarification...... 986 Restrictions ...... 299, Catch monitoring...... 3039 18658, 30046, 31688, 41594 Specifications ...... 3605 Restrictions; eff. 10–11–89...... 40113 Prohibition on receipt...... 3609, 9216 Temporary regulations ...... 47773, 51886 Temporary regulations ...... 6134, 663.2 Amended ...... 20603 6934, 7933, 30390, 31842, 37114, 663.7 Introductory text revised; 39741, 41101, 43823, 49298, 53323 (r) removed; (j) and (k) Table 2 added; eff. to 12–31–90 added...... 18904 ...... 32651 669.7 (c) amended; (m) added; in- Figure 2 revised; eff. to 12–31– terim; eff. to 2–28–90 ...... 50625 90 ...... 32651 669.21 Existing text designated as Inseason adjustments...... 37112 (a); (b) added; interim; eff. to 38686, 41977, 46619, 47683, 51200, 2–28–90 ...... 50625 51886 672 Clarification...... 986 Prohibition on receipt rescinded ...... 46268, 53323 Specifications, inseason adjust- Prohibition of receipt...... 47684 ments, etc...... 6524 675.1 (a) revised...... 18524 Temporary regulations ...... 12204, 675.2 Amended; interim emer- 12638, 15411, 16126, 18526, 19375, gency; eff. to 6–26–89 ...... 13194 23662, 24712, 25464, 25717, 26380, Amended ...... 18524, 50404 28423, 28681, 30224, 33556, 37110, Effective date extended to 9–23– 40394, 41101, 41977, 47212 89 ...... 27384 Specifications ...... 32819 Amended; eff. to 12–31–90...... 32649 Mortality formula revision ...... 33701 Corrected...... 37469 Inseason adjustment at 54 FR 675.3 (b) revised...... 50404 32819; eff. 9–15–89 ...... 37109 675.5 (a)(3) (ii) and (iii) removed; 672.1 (a) revised...... 18524 (a)(3) (iv) and (v) redesignated 672.2 Amended; interim emer- as (a)(3) (ii) and (iii); (a)(3) in- gency; eff. to 6–26–89 ...... 13194 troductory text, (i), and new Amended ...... 18524, 50395 (a)(3)(ii) revised ...... 18525 Effective date extended to 9–23– (b) redesignated as (d); (a) and 89 ...... 27384 (d) heading revised; new (b) 672.3 (b) revised...... 50397 and (c) added...... 50408
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50 CFR—Continued 54 FR 50 CFR—Continued 55 FR Page Page Chapter VI—Continued Chapter VI—Continued 675.7 (c) revised; emergency in- 611.7 (a)(9) revised...... 294 terim; eff. to 6–13–89 ...... 11380 611.10 (b) and (d) revised ...... 294 Corrected...... 12989 611.1—611.16 (Subpart A) Appen- (c) amended ...... 25280 dix A corrected...... 1591 (c) revised; (d) added; eff. to 12– 611.22 (b)(1), (c), and (d) re- 31–90...... 32649 vised...... 11383 (e) added ...... 50408 611.92 (c)(3) added; interim; eff. to 675.20 (b)(3) suspended; emer- 5–16–90...... 6399 gency interim; eff. to 4–15– (j) added ...... 9890 89...... 417 (c)(3) removed...... 19266 (a) heading and (1) Table 1 611.93 (c)(6) added; interim; eff. to amended; (a) (6) through (10) 5–16–90...... 6399 redesignated as (a) (7) through (b)(1)(iii) Table 1 amended...... 8143 (10) and (12); new (a)(6), (a)(11) (b)(1)(iii) revised; (j) added ...... 9890 and (b)(1)(iv) added; new (c)(6) removed...... 19266 (a)(10), new (12), and (b)(2) re- 620.7 (i) added; interim; eff. to 8– vised ...... 18525 23–90 ...... 22337 (e)(1)(iii) and (2)(ii) amended; (i) added; interim; effective ex- (e)(4) revised; eff. to 12–31–90 tended to 11–21–90 ...... 35436 ...... 32649 628 Added ...... 18733 (a)(2) revised...... 50408 630.1 (b) revised...... 35645 675.21 Added; eff. to 12–31–90...... 32649 630.2 Amended ...... 35645 (b)(1) corrected ...... 37469 630.4 (e) removed; (f) through (l) 675.22 Added ...... 11380 redesignated as (e) through (k); Corrected; eff. 3–15 to 6–13–89 new (i) amended; (a) through ...... 12989 (d) and new (k) revised...... 35646 Amended; eff. to 9–11–89 ...... 25280 630.5 (a) and (b) removed; (c) re- Added; eff. to 12–31–90 ...... 32651 designated as (a); new (a) intro- (f) added...... 50408 ductory text revised; (b) 675.23 Added; emergency interim added...... 35646 eff. to 4–15–89...... 417 640.2 Amended ...... 26448 Added ...... 50408 640.4 Revised ...... 26449 675.24 Added ...... 50408 Effective date corrected ...... 28631 675.25 Added ...... 50408 640.7 (i) and (j) revised; (q) 676 Removed...... 37943 through (u) added...... 26449 683.6 (k) through (n) at 53 FR 29909 640.21 (c)(1) and (3) revised; (d) correctly redesignated as (e) added...... 26449 through (h)...... 6531 640.22 (a) revised ...... 26450 641 Temporary regulations ...... 8144 1990 641.1 (b) revised ...... 2086 50 CFR 55 FR 641.2 Amended...... 2086 Page 641.4 Revised ...... 2087 Chapter VI 641.5 (b) introductory text and (2), 603 Revised ...... 31602 (c) introductory text, (f), (g) 611 Inseason adjustments ...... 19738 introductory text, and (i) re- Specifications ...... 1036, 3223 vised; (b)(1) and (3) through (6), Corrected...... 14286 (c)(1) through (5), (d) introduc- Eff. to 1–1–91...... 1434 tory text, (g)(1) through (4), Reapportionment ...... 31187 and (h) introductory text Temporary regulations...... 3229, 22795, amended; (b)(7) and (8) re- 26693, 49283, 46955 moved; (g)(6) added...... 2088 611.2 Amended ...... 293 641.6 Revised ...... 2089 611.3 (c) revised...... 293 641.7 (a) and (b) redesignated as 611.4 (c) (6), (7), and (8) re- (t) and (u); new (t) amended; vised...... 294 eff. to 4–23–90 ...... 2089
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50 CFR—Continued 55 FR 50 CFR—Continued 55 FR Page Page Chapter VI—Continued Chapter VI—Continued (c) through (k) removed; (a) 642.24 (a)(3) revised ...... 14837 through (s) added ...... 2089 Revised...... 29374 (b), (e), (p), (r) and (s) eff. 4–23– 642.26 (a)(1)(iii) amended...... 29376 90...... 2089 642.27 (d) revised; (f)(4) added...... 14837 (v) added; eff. to 5–31–90 ...... 8144 (e) amended; (a) and (c) revised (t) added; eff. to 8–29–90 ...... 23086 ...... 29375 (t) added ...... 25311 642.28 Revised ...... 29375 641.21 Revised ...... 2090 (a)(1)(iii)(B) and (3)(ii) revised; (a)(4) suspended; eff. to 5–31–90 (a)(1)(iii)(C) added...... 31188 ...... 8144 (a)(1)(iii)(A) and (iv)(A) revised; (a)(4) suspended; eff. to 8–29–90 eff. 1–1–91 ...... 31189 ...... 23086 642 Appendix A amended ...... 29377 (a)(4) removed; (a)(5) through (7) 646 Temporary regulations ...... 32635, redesignated as (a)(4) through 40181 (6) ...... 25311 646.2 Amended; eff. to 11–1–90...... 32259 641.22 Revised ...... 2090 646.6 (p) added (temporary) ...... 18894 641.23 Revised ...... 2090 Regulation at 55 FR 18894 effec- 641.24 Amended ...... 2090 tive date extended to 10-29-90 Revised; eff. 4–23–90 ...... 2090 ...... 28916 (b)(3) revised; (b)(5) added; eff. (q) through (s) added; eff. to 11– to 5–31–90...... 8144 1–90 ...... 32259 (b)(3) revised; (b)(5) added; eff. (l) amended; (m) revised ...... 46214 (l) correctly designated ...... 47831 to 8–29–90 ...... 23086 646.20 (c) added (temporary) ...... 18894 (b)(3) revised; (b)(5) added ...... 25311 Regulation at 55 FR 18894 effec- 641.25 Revised ...... 2091 tive date extended to 10-29-90 (b) suspended; (l) added; eff. to ...... 28916 3–11–91...... 51723 (c) added ...... 46214 (d) added; eff. to 5–31–90 ...... 8144 646.24 (a)(22) added; (c)(3) re- (d) added; eff. to 8–29–90...... 23087 vised...... 40396 (d) added ...... 25311 (b) revised...... 46214 641.26 Redesignated as 641.28; new 646.25 Added; eff. to 11–1–90 ...... 32259 641.26 added ...... 2091 647 ...... 47060 641.27 Added ...... 2091 650 Temporary regulations ...... 4614, 641.28 Redesignated from 18604, 20274 641.26...... 2091 650.2 Amended ...... 435 641.29 Added; eff. to 4–22–90...... 8144 650.7 (b) through (f) redesignated 641 Appendix A Added ...... 2091 as (d) through (h); new (b) and 642 Temporary regulations ...... 1213, (c) added ...... 435 21201, 42722, 52997 (b) corrected...... 2201 Technical correction ...... 32257 (i) added; interim; eff. to 8–23– 642.1 (b) revised...... 29373 90 ...... 22337 642.2 Amended ...... 29373, 29375 (i) added; interim; effective date 642.4 (a)(4) added; (b)(1), (c), and extended to 11–21–90 ...... 35436 (d) revised...... 29373 650.21 Heading revised; (c) 642.5 (f) added...... 29373 through (e) added...... 435 642.7 (x) revised...... 14836 650.25 Added ...... 435 (i), (k), (m), and (l) amended; (p), 651 Temporary regulations ...... 12363 (s), and (x) removed; (b), (d), 652 Temporary regulations ...1213, 40840 (e), (j), (n), (q), (t), and (u) re- Fishing quotas ...... 5462 vised ...... 29374 Revised...... 24190 642.20 Revised ...... 29374 652.20 (g) eff. to 12–31–90 ...... 24184 642.21 (a)(3) and (c)(3) revised...... 29374 652.23 (a)(4) added; interim; eff. to (a)(2), (b)(2), (c)(2), and (d)(2) 8–23–90 ...... 22337 amended ...... 31188 (a)(4) added; interim; effective 642.23 Revised ...... 29374 date extended to 11–21–90 ...... 35436
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50 CFR—Continued 55 FR 50 CFR—Continued 55 FR Page Page Chapter VI—Continued Chapter VI—Continued 655 Specifications ...... 9324 Interpretation ...... 41191 656 Added ...... 7901 672.2 Corrected...... 1036 Removed ...... 9452 Amended ...... 4846, 9891 Added ...... 40184 Amended; interim; eff. to 11–10– 658 Temporary regulations ...... 20162, 90 ...... 33720 28402 672.5 (c)(2)(i) and (iii)(B) cor- 658.22 Existing text designated as rected; (c)(2)(ii) added ...... 1036 (a); (b) added; eff. to 9–30– (c)(3) removed...... 34934 90...... 13794 672.6 Suspended; eff. to 9-28- Figure 1 revised ...... 13795 90...... 12833 658.26 Revised ...... 18121 672.20 (c)(2) redesignated as (c)(3); 659 Added; eff. to 7–2–90...... 13154 new (c)(2) added ...... 32 Removed...... 22795 (f)(1), (3)(ii), and (3)(iii) sus- 661 Temporary regulations ...... 20607, pended; (f)(4) and (5) added; 22032, 23087, 23443, 24247, 25311, eff. to 5–15–90 ...... 5997 31391, 34019, 36824, 37714, 40667, (i) added; interim; eff. to 5–16– 40668 90...... 6399 Inseason adjustments...... 21039, (c)(2) revised; (c)(3) through 32259, 32916, 33714, 36280, 38552, (c)(6), (g) and (h) added ...... 9891 39156, 39416, 41542 (i) removed ...... 19267 Fishery management measures Effective date extended to 8–13– ...... 18894 90 ...... 20466 Inseason adjustment ...... 38552, 39156, (f)(1)(ii) and (3)(ii) suspended; 39416 (f)(1)(iii) and (3)(iv) added; in- 661.20 Specifications...... 14837 terim; eff. to 11–10–90 ...... 33720 662 Harvest quotas...... 35647 672.22 (a)(2)(i)(B) and (ii)(C) 663 Restrictions ...... 3747, 11021, 25977, amended; (a)(2)(i)(C) and (ii)(D) 31053, 41192 added ...... 33 Specifications...... 1036, 14837 672.23 Revised ...... 33 Reapportionment ...... 31187 672.24 (a) revised...... 33 Commercial fishery closure...... 51909 Heading revised; (b) and (c) re- 663.7 Introductory text revised; designated as (c) and (d); new (l) and (m) added ...... 31 (b) added; interim; eff. to 11– 669.2 Amended ...... 46216 10–90...... 33721 669.7 (c), (e) through (g), (j), and 672.27 Revised ...... 4846 (k) revised; (d) amended ...... 46216 674 Temporary regulations ...... 30717 669.21 Revised ...... 46216 33721, 35436 Table corrected ...... 52130 674.2 Amended ...... 47775 669.22 Existing text designated as 674.7 Revised ...... 47775 (b); (a) added ...... 46216 674.20—674.22 (Subpart B) Re- 669.23 Revised ...... 46216 vised...... 47775 (b) corrected ...... 52130 674.21 (a)(2) revised ...... 29217 669.24 (a) introductory text 675 Temporary regulations ...... 3229, amended; (b) revised ...... 46216 7337, 7716, 8145, 8954, 10246, 10780, (a)(1) revised ...... 46216 22919, 26208, 26450, 27643, 27823, 672 Temporary regulations ...... 3230, 30004, 31392, 32094, 32421, 35437, 3409, 7902, 14978, 17442, 18605, 36652, 38331–38333, 41543, 42199, 22795, 22796, 22917, 22918, 23746, 42574, 47883, 48109, 48624, 49284 26693, 27643, 29023, 30235, 31603, Specifications; eff. to 1–1–91 ...... 1434 32260, 32261, 33912, 34263, 36651, Catch monitoring ...... 14094 40185, Interpretation ...... 41191 40186, 41339, 42854, 47883, 49283 Inseason adjustments...... 42387, 45609 Corrected...... 14286 675.2 Amended...... 4847, 8143, 9892 Technical correction ...... 12990 Amended; interim; eff. to 11–10– Inseason adjustments...... 19738 90 ...... 33721
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50 CFR—Continued 55 FR 50 CFR—Continued 56 FR Page Page Chapter VI—Continued Chapter VI—Continued 675.5 (c)(3) removed...... 34934 611.22 (b)(1) and (c) revised; (d) re- 675.7 (e) correctly designated...... 1036 moved; (e) and (f) redesignated 675.20 (e)(2)(ii) and (3)(iii) amend- as (d) and (e) ...... 1577 ed; (e)(2)(iii) and (3)(iv) 611.70 Revised ...... 738 added ...... 33 (c)(1)(ii) and (h)(1) corrected ...... 13365 (j) added; interim; eff. to 5–16– 611.92 (c)(3) added...... 499 90...... 6399 611.93 (b)(3)(i) revised; (c)(5) (a)(1) Table 1 revised ...... 8143 amended; (b)(5)(iii) added...... 385 (a)(8) revised; (h) and (i) added (c)(6) added ...... 499 ...... 9892 (b)(5) added...... 2705 (j) removed ...... 19267 620.2 Amended...... 8723 675.21 (c)(2) suspended; (c)(5) 625.4 (m) added; interim emer- added; interim; eff. to 11–10– gency; effective to 3–5–92 ...... 63690 90...... 33721 625.5 Heading revised; text added; 675.23 Revised ...... 33 interim emergency; effective 675.24 (d) and (e) added ...... 33 to 3–5–92...... 63690 675.25 Revised ...... 4848 625.7 (a)(1), (2), (b)(4) and (5) sus- pended; (a)(3) through (8) and 683.2 Amended; eff. to 2–24–91...... 49051 (b)(6) through (9) added; in- 683.4 (c) added ...... 42967 terim emergency; effective to 683.6 (g) amended ...... 42967 3–5–92...... 63690 (i), (j) and (k) added; eff. to 2– 625.24 Added; interim emergency; 24–91...... 49051 effective to 3–5–92...... 63691 683.11 Removed...... 42967 (b) corrected ...... 66603 683.21 (a)(4) suspended; (a)(5) 625.26 Added; interim emergency; added; eff. to 2–24–91 ...... 49052 effective to 3–5–92...... 63691 683.29 Added; eff. to 2–24–91 ...... 49052 (c)(1), (2), (d), (e) and (f)(1) cor- 685.2 Amended; interim emer- rected ...... 66603 gency eff. to 2–24–91 ...... 49287 630 Temporary regulations ...... 31347 685.4 Existing text designated as Authority citation revised ...... 65016 (a); (b) added ...... 42968 630.1 (b) suspended; (d) added; ef- (a) and (b) suspended; (c) and (d) fective to 12–9–91 ...... 26937 added; interim emergency eff. Revised...... 65016 to 2–24–91 ...... 49287 630.2 Amended; effective to 12–9– 685.5 (d) added ...... 42968 91...... 26938 (e) through (l) added; interim Amended ...... 65016 emergency eff. to 2–24–91 ...... 49287 630.3 Revised ...... 59222 685.9 Added; interim emergency 630.4 (c) revised...... 59222 eff. to 2–24–91...... 49288 Revised...... 65016 685.10 Added; interim emergency 630.5 (c) added; effective to 12–9– eff. to 2–24–91...... 49288 91...... 26938 685.11 Added; interim emergency Revised...... 65017 eff. to 2–24–91...... 49288 630.7 (e) suspended; (i) through (q) added; effective to 12–9–91...... 26938 1991 Revised...... 65018 630.10 Added ...... 65018 50 CFR 56 FR 630.20—630.26 (Subpart B) Re- Page vised...... 65019 Chapter VI 630.22 Suspended; effective to 12– 611 Specifications...... 645, 6290, 8723 9–91...... 26938 Harvest quotas ...... 49430 630.25 Added; effective to 12–9– Reassessment ...... 56603 91...... 26938 611.2 Amended...... 8723 630.26 Added; effective to 12–9– 611.1—611.16 (Subpart A) Appen- 91...... 26938 dix L added ...... 33209 (a) corrected ...... 28349
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50 CFR—Continued 56 FR 50 CFR—Continued 56 FR Page Page Chapter VI—Continued Chapter VI—Continued 630.27 Added; effective to 12–9– 644.21 (c) redesignated as (d); (a) 91...... 26940 introductory text and (b) re- (b)(1)(i)(A), (B), (ii)(A) and (B) vised; new (c) added...... 13417 corrected ...... 29906 644.24 Revised ...... 13418 630.28 Added; effective to 12–9– 646 Temporary regulations ...... 52479 91...... 26940 646.2 Amended...... 2446 630.29 Added; effective to 12–9– Amended ...... 56022 91...... 26940 Corrected...... 59979 630.40 (Subpart C) Added ...... 65021 646.4 Redesignated as 646.5 and re- 638.1 (b) amended...... 1502 vised; new 646.4 added ...... 2446 638.2 Amended...... 1502 Revised...... 56022 638.4 (a) and (c) through (g) re- (d) corrected ...... 59979 vised; (h) through (m) 646.5 Redesignated as 646.6; new added ...... 1502 646.5 redesignated from 646.4 638.5 Revised ...... 1503 and revised...... 2446 638.7 Existing text designated as Figure 1 redesignated as Figure (a); (b) and (c) added ...... 1503 2 to part 646; revised ...... 56023 638.21 Revised ...... 1503 646.6 Redesignated as 646.7; new 638.23 Revised ...... 1503 646.6 redesignated from 638.24 Redesignated as 638.26; new 646.5 ...... 2446 638.24 added ...... 1503 Revised ...... 2449 638.25 Added ...... 1504 Heading corrected...... 9251 638.26 Redesignated from Revised...... 56024 638.24...... 1503 640.4 Heading revised; (c) through 646.7 Redesignated as 646.8; new (i) redesignated as (d) through 646.7 redesignated from (j); new (a)(4) and (c) 646.6 ...... 2446 added...... 12357 Revised ...... 2449 640.7 (t) amended ...... 12357 (v) added; effective 4–19–91 641 Temporary regulations ...... 42711 through 7–18–91 ...... 18743 641.4 (b)(4) removed; heading, Regulation at 56 FR 18743 effec- (a)(3), (c) through (f), (i) and tive date corrected ...... 23619 (k) revised; (b)(4) removed...... 58651 Regulation at 56 FR 18743 effec- 641.25 (e) correctly des- tive date extended through 10– ignated...... 558 16–91...... 33210 (b) revised...... 30514 Revised...... 56024 (a) revised...... 33884 646.8 Redesignated as 646.9; new Effective date corrected ...... 37606 646.8 redesignated from (c) suspended; (e) added; effec- 646.7 ...... 2446 tive to 12–31–91...... 58188 646.9 Redesignated from 646.8 ...... 2446 642 Temporary regulations ...... 652, 3422 646.20 Revised ...... 2450 Temporary regulations ...... 49853, 66001 646.21 Revised; (b) interim ...... 2450 642.21 (a)(1) introductory text, (i), Regulation at 56 FR 2450 con- (ii), (2) introductory text, firmed...... 12852 (b)(1), (2), (c)(1), (2), (d)(1), and (a), (b) and (d) revised; (f) (2) amended ...... 45900 through (i) added ...... 56025 642.28 (a)(1), (3)(i), (ii) introduc- 646.22 Heading, (a)(1) and (c)(1) re- tory text, and (b) revised ...... 45901 vised; (b)(2) introductory text 644.1 (b) revised...... 13417 and (4) amended; (b)(5) and (6) 644.2 Amended ...... 13417 added ...... 2450 644.7 (d) through (h) redesignated (d) added; effective 4–19–91 as (e) through (i); new (d) through 7–18–91 ...... 18743 added; new (f) and new (h) re- Regulation at 56 FR 18743 effec- vised...... 13417 tive date corrected ...... 23619
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50 CFR—Continued 56 FR 50 CFR—Continued 56 FR Page Page Chapter VI—Continued Chapter VI—Continued Regulation at 56 FR 18743 effec- Regulation at 56 FR 24727 effec- tive date extended through 10– tive date corrected; technical 16–91...... 33210 correction...... 26774 Figure 2 redesignated as figure (b)(1) correctly revised ...... 33884 3 to part 646; (c) redesignated (f)(1)(iii) regulation at 56 FR as (e); (b) revised; new (c), (d), 24727 confirmed...... 50063 (f) and (g) added ...... 56026 651.21 (b)(2) revised ...... 24728 646.23 Redesignated as 646.27; new Regulation at 56 FR 24729 effec- 646.23 added ...... 2450 tive date corrected; technical Revised...... 56026 correction...... 26774 (b)(1)(ii) corrected ...... 27786 (e) and (f) corrected ...... 59979 651.22 (e)(2), (3) and (f) revised, (i) 646.24 Redesignated as 646.26; new added...... 24728 646.24 added ...... 2450 Regulation at 56 FR 24728 effec- Revised...... 21960 tive date corrected; technical (b) corrected ...... 23735 correction...... 26774 (b) revised...... 56027 651.27 Added ...... 24729 646.25 Added ...... 2450 Regulation at 56 FR 24729 effec- Revised...... 56027 tive date corrected; technical 646.26 Redesignated from correction...... 26774 646.24...... 2450 (c)(2) corrected ...... 27786 (a)(1) removed; (a)(2) through 651 Figure 5 added ...... 24729 (22) redesignated as (a)(1) 652 Temporary regulations .....3980, 3981 through (21); (c)(1) introduc- Fishing quotas...... 13083 tory text, (ii), (2) and (3) Temporary regulations ...... 61182, 61183 amended; (c)(4) added ...... 56027 655 Specifications ...... 1745 646 Figure 2 redesignated from 658 Temporary regulations ...... 22662, 646.5 figure 1...... 56023 66604 Figure 3 redesignated from 658.1 (b) revised...... 22829 646.22 figure 2 ...... 56026 658.6 (a) introductory text re- Figure 1 added ...... 56027 vised...... 22829 646.27 Redesignated from 658.20 Revised ...... 22829 646.23...... 2450 658.21 (a) and (b) revised ...... 22829 649.2 Amended ...... 19317 658.22 Existing text designated as 649.7 (a)(6) revised...... 19317 (a); (b) added; eff. to 9–30– 91 ...... 2146 649.21 Heading revised; (c)(3) re- 658.25 (a) and (b) introductory moved; (d) redesignated as (e); text revised ...... 22829 new (d) added ...... 19317 (a) corrected ...... 25374 650 Temporary regulations ...... 3422 658.26 Revised ...... 22829 Temporary regulations ...... 30514 661 Fishery management meas- 650.21 (a) and (b) amended...... 12358 ures ...... 7312, 15517 651.2 Amended ...... 24727 Inseason adjustments...... 34031, 36111, Regulation at 56 FR 24727 effec- 51660, 51661, 55634 tive date corrected; technical Temporary regulations .....34032, 37161, correction...... 26774 37671, 38086, 38087, 40268, 41631 651.7 Introductory text des- Temporary regulations .....43888, 43889, ignated as (a); (b)(2) and (d) 46735, 47014, 51662, 55634 revised; (b)(12), (13), (14) and 661 Appendix amended; interim (c) added ...... 24727 emergency; effective through Regulation at 56 FR 24727 effec- 8–6–91...... 21328 tive date corrected; technical Appendix amended ...... 26775, 26776 correction...... 26774 Appendix regulation at 56 FR 651.20 (a)(3) added; (b)(1), (3) and 21328 effective date extended (f) revised ...... 24727 through 11–4–91 ...... 37671
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50 CFR—Continued 56 FR 50 CFR—Continued 56 FR Page Page Chapter VI—Continued Chapter VI—Continued 662 Harvest quotas...... 49430 672.5 (b)(2), (3) and (4)(i)(C), (G) 662.20 (b) introductory text re- and (c) revised; interim...... 9640 vised; (b)(3) and (4) added ...... 15300 672.6 Removed ...... 14481 663 Specifications...... 645 672.7 (e) added ...... 499 Revised...... 740 (f) added; interim...... 21625 Temporary regulations .....20143, 24730, 672.20 (a)(2) redesignated as 30338, 37022, 49727 (a)(2)(i); (a)(2)(ii) and (i) added; Temporary regulations .....43718, 46240, (c)(1) and (2) revised ...... 499 58321, 64723 (f)(1), (2)(i), and (ii) revised; Restrictions ...... 49727, 49727 (f)(2)(iii) and (iv) redesignated Reassessment ...... 56603 as (f)(2)(iv) and (v); new (f)(2) 663.2 Corrected ...... 13365 heading and (iii) added ...... 2706 663.6 (a) corrected ...... 13365 (a)(2) revised; Table 1 added ...... 5776 663.7 (b) corrected ...... 13365 (a)(2)(iv) and (h)(2)(i) suspended; (n), (o) and (p) added; effective (a)(2)(v), (h)(2)(iii) and (iv) to 12-31-91 ...... 43724 added; interim emergency ef- 663.23 (b)(2) and (c)(1)(i)(F) fective through 9–17–91 ...... 28116 through (H) added; (c)(1)(i)(E) (f)(1) and (3) suspended; new amended ...... 2867 (f)(3), (g)(4) and (5) added; in- (b)(3) added; effective to 12-31- terim emergency effective 91 ...... 43724 through 11–12–91...... 38349 (b)(4) added; interim emergency Regulation at 56 FR 28116 effec- effective to 1–2–92 ...... 50065 tive date extended through 12– 663 Appendix corrected ...... 13365 16–91...... 47425 669.7 (h) and (i) revised ...... 48756 Regulations at 56 FR 38349 effec- 669.24 (a) revised; (a)(3) effective tive date extended through 12- through 9–13–93 ...... 48756 31-91; interim ...... 57989 672 Temporary regulations ....1936, 5158, 672.23 (c) revised ...... 13419 6992, 8146, 8730, 9635, 12852, 13766, 14652, (d) added; interim emergency 15518, 16024, 19042, 20144, 21329, 22121, ...... 50282 22829, 24351, 27465, 28112, 28499, 28500, (d) removed...... 54798 29443, 31547, 32119, 32983, 33885, 35835 672.24 Figure 2 redesignated as Specifications ...... 8723 Figure 2 to Part 672 ...... 2706 Technical correction...... 13786, 50157, (b) and (c) redesignated as (c) 56116, 56943 and (d); new (c) amended; new Inseason adjustments ...... 36739 (b) added ...... 2707 Temporary regulations .....47700, 49431, (e) added; interim emergency ef- 51179, 51848, 52213, 55096 fective through 9–17–91 ...... 28116 Recordkeeping and reporting re- Regulation at 56 FR 28116 effec- quirements ...... 50279 tive date extended through 12– 672.1 (d) added ...... 2706 16–91...... 47425 672.2 Figure 1 redesignated as 672.26 Added; interim...... 21625 Figure 1 to Part 672; amend- 672.27 (c)(1) and (2) revised; (f) ed...... 2706 added...... 30876 Amended; interim ...... 9640 672 Figures 1 and 2 redesignated Amended; interim emergency from 672.2 Figure 1 and 672.24 effective through 9–17–91...... 28116 Figure 2...... 2706 Amended; interim emergency Figures 3 and 4 added ...... 2708 effective through 11–12–91 ...... 38349 Figure 1 revised; interim...... 9643 Regulation at 56 FR 28116 effec- 675 Temporary regulations ...... 30, 6993, tive date extended through 12– 7314, 10521, 11697, 19043, 21450, 22830, 16–91...... 47425 23025, 26620, 28500, 30699, 33210, 40810, Regulations at 56 FR 38349 effec- 41309 tive date extended through 12- Specifications ...... 6290 31-91; interim ...... 57989 Apportionments ...... 12853, 40809
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50 CFR—Continued 56 FR 50 CFR—Continued 56 FR Page Page Chapter VI—Continued Chapter VI—Continued Inseason adjustments...... 32338 (b)(4)(i) through (v) redesig- Technical correction ...... 43964 nated as (b)(4)(ii) through (vi) Temporary regulations .....45901, 47700, and (c)(3) and (4) redesignated 49149, 52214, 55097 as (e) and (f); (b)(4) introduc- 675.2 Amended...... 385, 2711 tory text, new (b)(4)(ii) Amended; interim; eff. to 4–15– through (v) and (c) heading re- 91...... 5661 vised; (a)(6), (b)(4)(i) and (d) Amended; interim ...... 9645 added ...... 32988 Figure 1 redesignated as Figure (c)(2)(v) added; interim emer- 1 to Part 675 gency effective through 11–12– Amended ...... 30516, 32988 91 ...... 38350 Amended; interim emergency 675.22 (a) through (e) added; (f) effective through 11–12–91 ...... 38350 amended ...... 2713 Regualtion at 56 FR 38350 cor- 675.23 (a) revised; (c) added ...... 386 rected; effective to 11–12–91 675.24 (a), (b), (c), and (d) redesig- ...... 46392 nated as (c)(1), (2), (d), and (a); 675.5 (b)(2), (3), (4)(i)(C), (G) and new (b) and (c) introductory (c) revised; interim...... 9645 text added ...... 2714 (c)(1)(i) corrected; (c)(2)(iii)(I) (f) added; interim emergency ef- correctly amended; interim fective through 9–17–91 ...... 28116 ...... 15052 (c) introductory text, (1) and (2) 675.7 (f) added...... 500 redesignated as (c)(1) intro- (c) and (d) added ...... 2711 ductory text, (i) and (ii); new (g) added; interim ...... 21627 (c)(1) introductory text re- 675.20 (h)(2) through (5) redesig- vised; new (c) introductory nated as (h)(3) through (6); text and (2) added ...... 32989 (h)(1) and new (h)(6) revised; Regulation at 56 FR 28116 effec- new (h)(2) added ...... 385 tive date extended through 12– (a)(2) redesignated as (a)(2)(ii) 16–91...... 47425 and revised; (a)(2)(i) and (j) 675.25 (c)(1) and (2) revised; (f) added; (a)(7) and (8) revised added...... 30876 ...... 500 675.26 Added; interim...... 21627 (b)(1)(ii) revised; (e)(1)(iii) and 675 Figures 2, 3 and 4 added...... 2709 (2)(ii) amended; (e)(4) added Figures 3 and 4 redesignated as ...... 2711 Figures 4 and 5; new Figure (a)(13) added; (i)(2) revised; ef- 3 added...... 32989 fective to 4–15–91 ...... 5662 680.2 Amended ...... 59895 (a)(2) revised ...... 5776 680.4 (b) and (d) through (h) re- (e)(2) introductory text and (f) vised...... 59895 revised; (e)(3) and (4) redesig- 681.7 (b)(1) suspended; new (b)(7) nated as (4) and (5); (e)(1)(iv), and (8) added; interim; effec- (3) and (6) added ...... 32988 tive to 8–12–91...... 21962 (h)(1) and (2) suspended; (h)(7) Regulation at 56 FR 21962 effec- and (i)(3) added; interim emer- tive date extended to 11–10–91 gency effective through 11–12– ...... 36012 91 ...... 38350 683 Technical correction...... 27298 (h)(6) and (i)(2) correctly sus- 683.2 Regulation at 56 FR 49051 pended; (h)(8) correctly added; effective date extended to 5– interim emergency effective 25–91...... 5159 through 11–12–91...... 46392 amended ...... 24354 675.21 Added ...... 2712 683.6 Regulation at 56 FR 49051 Table 2 removed ...... 2714 effective date extended to 5– Heading, (c)(2)(i), (ii), (iii) and 25–91...... 5159 (iv) revised; interim...... 21627 (i), (j) and (k) added ...... 24354
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50 CFR—Continued 56 FR 50 CFR—Continued 56 FR Page Page Chapter VI—Continued Chapter VI—Continued 683.21 Regulation at 56 FR 49052 (u) added; interim emergency; effective date extended to 5– effective to 8–19–91...... 28118 25–91...... 5159 Regulation at 56 FR 14868 effec- (a)(4), (b), (d), (e)(2) and (g) re- tive date extended to 10–9–91 vised ...... 24355 ...... 28718 683.29 Regulation at 56 FR 49052 Effective date corrected .....31689, 37024 effective date extended to 5– Regulation at 56 FR 15843 effec- 25–91...... 5159 tive date extended to 10–13–91 Added ...... 24355 ...... 33212 685.1 (a) revised...... 24734 Regulations at 56 FR 28118 and Effective date corrected ...... 37024 31689 effective date extended 685.2 Regulation at 56 FR 49287 to 12–16–91...... 47701 effective date extended to 5– (l) removed; (m) and (n) redesig- 25–91...... 5159 nated as (l) and (m); new (n) Amended; interim emergency; through (q) added; effective to effective to 7–22–91...... 14868 4–22–94...... 51852 Amended; interim emergency (u) revised; emergency interim; effective to 7–15–91...... 15843 effective to 12–16–91 ...... 59897 Corrected...... 23735 (r) and (s) added ...... 52217 Amended ...... 24735 685.9 Regulation at 56 FR 49288 Amended; interim emergency effective date extended to 5– effective to 8–19–91...... 28118 25–91...... 5159 Regulation at 56 FR 14868 effec- (a) temporarily suspended; (l) tive date extended to 10–9–91 added; interim emergency; ef- ...... 28718 fective to 7–22–91...... 14868 Effective date corrected .....31689, 37024 Existing text removed; new 685.9 Regulation at 56 FR 15843 effec- added ...... 24736 tive date extended to 10–13–91; Regulation at 56 FR 14868 effec- amended; effective to 10–13–91 tive date extended to 10–9–91 ...... 33212 ...... 28718 Regulations at 56 FR 28118 and Effective date corrected ...... 37024 31689 effective date extended 685.10 Regulation at 56 FR 49288 to 12–16–91...... 47701 effective date extended to 5– Amended; effective to 4–22–94 25–91...... 5159 ...... 51852 Added ...... 24736 Amended ...... 52217 Effective date corrected ...... 37024 685.4 Regulation at 56 FR 49287 685.11 Regulation at 56 FR 49288 effective date extended to 5– effective date extended to 5– 25–91...... 5159 25–91...... 5159 Revised (OMB number pending) Added ...... 24737 ...... 24735 Effective date corrected ...... 37024 Effective date corrected ...... 37024 Heading, (a), (b) and (c) revised 685.5 Regulation at 56 FR 49287 ...... 52217 effective date extended to 5– 685.12 Added ...... 24737 25–91...... 5159 Effective date corrected ...... 37024 (m) through (p) added; interim 685.13 Added (OMB number pend- emergency; effective to 7–22– ing) ...... 24737 91 ...... 14868 Effective date corrected ...... 37024 (i) suspended; (q) and (r) added 685.14 Added (OMB number pend- effective to 7–15–91...... 15843 ing) ...... 15843 (m) through (r) redesignated as Regulation at 56 FR 15843 effec- (o) through (t); (d) revised; tive date extended to 10–13–91 new (e) through (n) added ...... 33212 (OMB number pending)...... 24735 Added ...... 52217
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50 CFR—Continued 56 FR 50 CFR—Continued 57 FR Page Page Chapter VI—Continued Chapter VI—Continued 685.15 Added; interim emergency; 611.20 (c) amended...... 48566 effective to 7–22–91 ...... 14868 611.22 (a) and (c) amended; (b)(1) Regulation at 56 FR 14868 effec- revised ...... 27370 tive date extended to 10–9–91 611.50 (b)(2) revised; (b)(4) Table ...... 28718 1 removed ...... 535 (a)(2), (b) and (c)(1) revised; 611.81 Heading, (a), (b), (c), (j)(2), (c)(2) redesignated as (c)(3); (3) and (4) introductory text new (c)(2) and (4) added; in- revised; (h)(4) removed; (j)(9) terim emergency; effective to added...... 48566 10–9–91...... 28719 (a)(1)(iii) added; interim emer- (j)(5)(i), (ii), (iv), (6)(ii) and (iv) gency; effective to 10–9–91...... 37301 amended ...... 48567 Added; effective to 4–22–94 (OMB (a) corrected ...... 53966 number pending)...... 51852 620.7 (i) added; interim emer- OMB number ...... 58516 gency effective to 5–12–92 ...... 5079 (c)(6) corrected ...... 63550 (i) corrected ...... 9076 685.16 Heading added; effective to Regulation at 57 FR 5079 effec- 4–22–94 ...... 51853 tive date extended through 8– 685.17 Added; efffective to 4–22– 10–92...... 20788 94...... 51853 625 Revised ...... 57369 685.18 Added; emergency interim; 625 Technical correction ...... 4248 effective to 12–16–91...... 59897 625.4 Regulation at 56 FR 63690 695 Added ...... 378 effective date extended through 3–5–92 ...... 213 1992 Technical correction...... 6297 50 CFR 57 FR Regulations at 56 FR 63690 and Page 57 FR 213 effective date ex- Chapter VI tended through 6–3–92...... 8582 600—699 (Chapter VI) Policy 625.5 Regulation at 56 FR 63690 guidelines for emergency effective date extended rules...... 375 through 3–5–92 ...... 213 601.32 Amended...... 379 Technical correction...... 6297 601.33 (c), (e) and (h) revised...... 379 Regulations at 56 FR 63690 and 601.39 (a) revised ...... 380 57 FR 213 effective date ex- 603.1 Revised ...... 47801 tended through 6–3–92...... 8582 603.2 Amended ...... 47801 625.7 Regulation at 56 FR 63690 603.3 Amended ...... 47801 effective date extended 603.5 Revised ...... 47801 through 3–5–92 ...... 213 603.6 (a) introductory text Technical correction...... 6297 amended...... 47801 Regulations at 56 FR 63690 and 603.7 Nomenclature change...... 47801 57 FR 213 effective date ex- 605.15 (b)(2) through (4) redesig- tended through 6–3–92...... 8582 nated as (b)(3) through (5); new (b)(2) added ...... 380 625.8 (a)(8) suspended; (a)(12) 605.23 (d) introductory text re- added; interim; effective to 3– vised; (d)(2) redesignated as 9–93...... 58151 (d)(3); new (d)(2) added...... 380 625.24 Regulations at 56 FR 63691 605.24 (a)(2) amended; (a)(3)(i), and 66603 effective date ex- (5)(i) introductory text, (ii), tended through 3–5–92 ...... 213 and (7)(i) revised; (a)(3)(v) Technical correction...... 6297 added...... 380 Regulations at 56 FR 63690, 66603 611 Specifications ...... 1654, 2844, 3952 and 57 FR 213 effective date 611.2 Amended ...... 48566 extended through 6–3–92 ...... 8582 611.1—611.16 (Subpart A) Appen- (b)(1) suspended; (b)(3) added; in- dixes A and D amended ...... 48566 terim; effective to 3–9–93...... 58151
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50 CFR—Continued 57 FR 50 CFR—Continued 57 FR Page Page Chapter VI—Continued Chapter VI—Continued 625.26 Regulation at 56 FR 63691 (a)(1)(i), (ii), (b)(2)(vi) revised; effective date extended (b)(3) amended ...... 58153 through 3–5–92 ...... 213 642.5 (b) introductory text Regulations at 56 FR 63691 and amended; interim ...... 11585 57 FR 213 effective date ex- (a) introductory text, (3) and (b) tended through 6–3–92...... 8582 introductory text amended; 630 Temporary regulations ...... 14361, (e) and (f) revised ...... 58154 29447, 32452, 33458 642.6 (a) introductory text re- 630.7 (s), (t) and (u) amend- vised...... 58154 ed ...... 34265 642.7 (f) and (v) amended; in- 630.24 (i) added eff. 8–4–92 through terim...... 11585 12–31–92; (b)(1) and (c) re- Revised...... 58154 vised...... 34266 642.20—642.30 (Subpart B) Re- 630.25 (a)(1) and (b) amended; (d) vised...... 58154 revised ...... 34266 642.21 (a)(1) introductory text, (i), 640.1 Revised ...... 56518 (ii) and (b)(1) amended...... 43154 640.2 Amended ...... 56518 642.28 (a)(1)(i) through (iv) and (3) 640.4 Revised ...... 56518 revised ...... 43154 640.6 Revised ...... 56519 642 Appendix A redesignated in 640.7 Revised ...... 56520 part as part 642 Figures 1 and 640.20—640.24 (Subpart B) Re- 2; remaining text re- vised...... 56520 moved ...... 58157 641 Temporary regulations ...... 6561 646 Temporary regulations ...... 56522 641.2 Amended ...... 11915 646.4 Revised ...... 7888 641.4 (a)(2) and (b)(2)(xi) revised; (a)(1)(iii) corrected; (d) cor- (g) amended; (l) added; effec- rectly designated...... 11137 tive to 5–7–95 ...... 11916 646.5 (a) and (c) revised ...... 7890 (m) and (n) added; interim; ef- 646.6 (a) introductory text re- fective to 3–30–93...... 62239 vised ...... 7890 641.6 (d) revised...... 41893 (d) revised...... 41893 641.7 (u) added; interim; effective 646.7 Revised ...... 7890 to 3–30–93 ...... 62237 (kk) corrected...... 28907 (v) and (w) added; interim; effec- (w) and (x) revised...... 33128 tive to 3–30–93 ...... 62239 (nn) added; emergency interim; 641.21 (d) added; interim; effec- effective through 11–30–92 ...... 39366 tive to 3–30–93...... 62239 646.10 Added ...... 7891 641.24 (a)(2)(iv) revised; (a)(4) and (a)(2) corrected ...... 11137 (5) added ...... 11916 646.21 (d) revised...... 7892 641.25 (b) and (c) revised ...... 11916, 21752 (g) amended; (h) and (i) revised 641.28 Redesignated as 641.29; new ...... 33128 641.28 added...... 11916 646.24 Revised ...... 33128 641.29 Redesignated from 646.28 Added; emergency interim; 641.28 ...... 11916 effective through 11–30–92 ...... 39366 Added; eff. 4–3–92 through 5–14– 649 Specifications...... 30684 92 ...... 11918 649.20 (b) revised ...... 215 641.30 Added; interim; effective to 649.21 (c)(1) and (2) revised; (c)(3) 3–30–93 ...... 62237 added...... 215 (b) suspended; (c) added; in- 650 Temporary regulations ...4377, 21752 terim; effective to 3–30–93 ...... 62239 651 Temporary regulations ...... 20788 642 Temporary regulations ....1662, 4376, 651.20 (e)(2) revised ...... 48473 47998 652 Temporary regulations .....844, 55148 642.1 (a) amended ...... 58153 Fishing quotas ...... 3725 642.2 Amended ...... 58153 653.2 Amended; eff. 10–2–92...... 40135 642.4 Revised; interim...... 11583 653.3 (c) removed; eff. 10–2–92 ...... 40135 (b)(2)(v) revised...... 27005 653.7 (d) revised; eff. 10–2–92 ...... 40135
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50 CFR—Continued 57 FR 50 CFR—Continued 57 FR Page Page Chapter VI—Continued Chapter VI—Continued 653.22 Heading revised; eff. 10–2– Regulation at 57 FR 13665 effec- 92...... 40135 tive date extended through 10– 653.24 Revised; eff. 10–2–92 ...... 40135 19–92...... 32181 655 Temporary regulations ...... 32923 Regulation at 57 FR 14665 effec- Specifications ...... 54189 tive date extended through 10– 655.22 (a), (b), (c) and (d) revised; 19–92...... 32924 (f) redesignated as (g); new (f) Regulation at 57 FR 13665 effec- added...... 536 tive date extension corrected to through 10–14–92 ...... 35765 656.2 Amended ...... 19096 663.30—663.43 (Subpart C) 657.2 Amended...... 5238 Added ...... 54006 658 Temporary regulations ...... 29447 663 Appendix amended ...... 20060, 54012 661 Inseason adjustments ...31666, 32924, Appendix A corrected ...... 22021 34085, 34883, 35764, 36021, 37906, 39626, 671 Added; interim...... 57115 40136, 40622 671.2 Corrected ...... 60029 Temporary regulations .....32741, 33128, 671.20 Corrected...... 60029 33279, 34884, 36607, 36608, 40135, 672 Temporary regulations ....2854, 3142, 41705, 42512, 43621, 44135, 45751 3960, 4939, 6564, 8280, 8583, 8849, 10142, Appendix amended; eff. to 8–4– 10297, 11274, 11433, 11918, 18835, 19552, 92 ...... 19404 21215, 22182, 23163, 23346, 23965, 24381, 662 Harvest quotas...... 48191 24559, 24992, 26781, 27709, 29222, 29223, 663 Specifications ...... 1654 29806, 30685, 30924, 31331, 31971, 32453, Reassessment ...... 45987 33902, 35489, 35765, 37478, 45580, 45988, Temporary regulations .....10429, 21041, 46510, 47277, 47572, 47010, 52594, 52737 40136, 42898, 47413, 57377 Specifications...... 2844, 30168 Restrictions....14666, 23065, 34266, 46097, Recordkeeping and reporting re- 49425 quirements ...... 2853, 6688, 11274 Regulation at 57 FR 10429; effec- Technical correction...... 20325, 35004, tive date corrected ...... 41112 40255, 49653 663.7 (n) and (o) added; interim Prohibition of retention....34884, 40137, emergency; eff. 4–15–92 to 7–16– 46344, 46816, 48568, 56860 92...... 13665 Fishery management measures (p) added ...... 20060 ...... 61586 (p) corrected ...... 22021 672.1 (d) revised...... 33281 672.2 Amended....2686, 10432, 23344, 33281, Regulation at 57 FR 13665 effec- 33904, 37908, 43622 tive date extended through 10– Regulation at 57 FR 33904 with- 19–92...... 32181 drawn; amended...... 35488 Regulation at 57 FR 13665 effec- Amended ...... 61340 tive date extension corrected 672.4 (j) added...... 33904 to through 10–14–92 ...... 35765 Regulation at 57 FR 33904 with- (q), (r), (t) and (u) added; eff. drawn; (j) added ...... 35488 1–1–94; (s) added ...... 54006 672.5 (b)(3)(ii)(A)(11) and 663.22 (b)(2) through (5) revised; (c)(2)(iii)(I) amended; (b)(7) removed...... 12212 (c)(3)(ii)(F) revised ...... 10432 (b)(2) corrected ...... 28907 672.6 Added ...... 10432 663.23 (b)(3) revised...... 2853 672.7 (g) added ...... 23344 (b)(2) revised; interim emer- (h) and (i) added...... 33904, 35489 gency; eff. 3–27–92 through 7– Regulation at 57 FR 33904 with- 1–92 ...... 11272 drawn ...... 35488 (b)(5) added; interim emergency; (g), (h) and (i) redesignated as eff. 4–15–92 to 7–16–92 ...... 13665 (h), (i) and (j); new (g) added (b)(4) added; interim emergency; ...... 43931 eff. 4–16–92 through 7–21–92...... 14665 (g) revised...... 55149 (b)(1) revised...... 20060 (h)(1) and (2) revised ...... 61340
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50 CFR—Continued 57 FR 50 CFR—Continued 57 FR Page Page Chapter VI—Continued Chapter VI—Continued 672.20 (a)(2)(iv), (h)(2) and (i)(4) re- (d)(1) introductory text and (2) vised ...... 2686 introductory text revised ...... 43623 (a)(1), (c)(2) and (3) amended; 672.26 (a)(2)(ii) and (b) revised; eff. (c)(6), (d)(1)(i), (e)(4) and 1–20–93 ...... 43933 (g)(1)(i) revised; (g)(3) redesig- 672 Figure 1 revised; figures 2, 3 nated as (g)(4); new (g)(3) and 4 redesignated as figures added; Table 1 removed...... 10433 4, 2 and 3 ...... 43623 (f)(1)(i), (g)(4) and (h)(2) sus- 675 Temporary regulations ....2854, 3142, pended; (f)(1)(vi), (g)(5), (6), (7) 5238, 6203, 6688, 8583, 8584, 12213, 14667, and (h)(3) added; interim 18093, 20207, 20655, 23347, 24381, 24560, emergency eff. 3–30–92 through 27710, 29656, 29806, 29807, 30924, 31129, 7–2–92 ...... 11439 33904, 35489, 37731, 39138, 42710, 43154, (g)(3), (4), (5) and (6) correctly 44341, 46511, 53452, 58726 designated as (g)(4), (5), (6) and Apportionment ...... 215, 27185, 32925, (7); (g)(7) corrected ...... 14667 53035, 58158 (g)(5) revised; interim; eff. 5–20– Inseason adjustments ...... 2688 92 through 7–2–92...... 21356 Recordkeeping and reporting re- (c)(1)(i) and (ii) redesignated as quirements ...... 2856, 19819, 57692 (c)(1)(i)(A) and (B); (a)(2)(v), Specifications ...... 3952 (c)(1)(i) heading and (c)(1)(ii) Inseason adjustments; correc- added; (c)(2) revised ...... 23344 tion ...... 8850, 9599 Regulation at 57 FR 11439 eff. Technical correction...... 20325, 49653 date extended to 9–30–92...... 29223 Fishery management measures (f)(1)(ii), (2)(i), (g)(1) and (2) re- ...... 29223, 39138 vised; (g)(3) removed; (g)(4) re- Prohibition of retention ...... 57377 designated as (g)(3) ...... 33282 675.2 Amended ...... 10434, 23345, 33904, (g)(2) and (3) redesignated as 35489, 37908, 43625 (g)(4) and (5); (f)(1)(i), (iii), Regulation at 57 FR 33904 with- (iv), (v), (2)(iii) introductory drawn ...... 35488 text, new (g)(5), and (h)(2) re- vised; (f)(2)(ii) and (v) intro- Amended ...... 54942, 61341 ductory text amended; new 675.4 (j) added...... 33904, 35489 (g)(2) and (3) added...... 43932 Regulation at 57 FR 33904 with- (a)(2)(v)(C) removed; (a)(2)(v)(A) drawn ...... 35488 and (B) revised...... 61340 675.5 (b)(3)(ii)(A)(11) introductory 672.22 (a) revised; (b) and (c) redes- text and (c)(2)(iii)(I) amended; ignated as (c) and (d); new (b) (c)(3)(ii)(F) revised ...... 10434 added...... 43932 675.6 Added ...... 10435 672.23 (d) added ...... 382 675.7 (h) added...... 23346 (d) removed ...... 2686 (i) and (j) added ...... 33904, 35489 (d) corrected...... 4085 Regulation at 57 FR 33904 with- (d) added; interim emergency; drawn ...... 35488 eff. 3–30–92 through 5–31–92...... 11274 (h), (i) and (j) redesignated as (a) suspended; (e) and (f) added; (i), (j) and (k); new (h) added interim emergency eff. 3–30–92 ...... 43933 through 7–2–92...... 11439 (j) and (k) redesignated as (k) Regulation at 57 FR 11439 eff. and (l); new (j) added...... 54942 date extended to 7–2–92 ...... 29223 (h) revised...... 55149 (a) revised; (d) and (e) added (i) revised ...... 61341 ...... 43933 675.20 (a)(1) amended; (h)(3)(iii) 672.24 (e) added ...... 2686 revised; Table 1 removed ...... 10435 (a)(2) revised...... 10434 (h)(1), (6) and (i)(2) suspended; (e)(2) corrected ...... 15031 (h)(7), (8) and (i)(3) added; in- (c)(1) and (2) revised; (c)(4) added terim emergency eff. 3–30–92 ...... 37908 through 7–2–92...... 11440
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50 CFR—Continued 57 FR 50 CFR—Continued 57 FR Page Page Chapter VI—Continued Chapter VI—Continued (a)(2)(iii), (3)(i), (ii) and (iii) (a)(2)(ii)(A), (B), (b), (d)(3)(i)(A), added ...... 23346 (B) and (C) revised; eff. 1–20– Regulation at 57 FR 11440 eff. 93 ...... 43935 date extended to 9–30–92...... 29223 (b)(4) and (d)(3)(i)(A)(1) cor- (h)(1) and (i)(2) revised ...... 43934 rected ...... 49750 (a)(3)(i), (ii) and (iii) revised; 675.27 Added ...... 54943 (a)(7)(i) and (ii) amended; 675 Figure 2 revised...... 10436 (e)(2)(iv) added...... 54942 Figure 3 revised ...... 43626 681 Interim final quota ...... 21752 (a)(2)(iii) introductory text re- Final quota...... 41112 vised ...... 61341 681.2 Amended ...... 10438 675.21 (a)(5), (b), (c), (d), (e) and 681.4 (a)(1), (b) and (d) through (h) (f) suspended; (a)(7), (g), (h), revised ...... 10439 (i) and (j) added; interim emer- 681.5 (b)(2)(ix) redesignated as gency eff. 3–30–92 through 7– (b)(2)(x); (c)(3)(iii) and (iv) re- 2–92...... 11440 vised; new (b)(2)(ix), (c)(3)(v) (h)(1) and (2) revised; interim; and (d) added...... 10439 eff. 5–20–92 through 7–2–92 ...... 21356 681.6 (a), (b) and (c) amend- Regulation at 57 FR 11440 eff. ed ...... 10439 date extended to 9–30–92...... 29223 681.7 (b)(1), (c)(1)(i), (ii), (2), (3) (a)(5) suspended 9–30–92 to 12–31– and (4) revised; (b)(7) through 92; (b) heading, (1), (2), (4), (c) (13) added...... 10439 and (d) revised; (e) and (f) re- 681.24 (e) through (g) added...... 10440 moved; (a)(7) and (8) added 681.29 Added ...... 10440 ...... 43934 681.30 Redesignated as 681.40; new (c)(2)(ii) corrected...... 49750 681.30 added...... 10440 (a)(8) and (9) redesignated as 681.31 Redesignated as 681.41 ...... 10440 (a)(7) and (8); (d) amended ...... 55150 Added ...... 10441 675.22 (f) revised...... 10435 681.32 Redesignated as 681.42 ...... 10440 (g) added ...... 23346 Added ...... 10442 (f) revised ...... 43627 681.33 Redesignated as 681.43 ...... 10440 (g) revised ...... 54942, 61341 681.34 Redesignated as 681.44 ...... 10440 675.23 (d) added ...... 382 681.35 Redesignated as 681.45 ...... 10440 (d) removed ...... 2687 681.40 Redesignated from (d) corrected...... 4085 681.30 ...... 10440 (a) revised; (d) added...... 43935 681.41 Redesignated from 681.31 ...... 10440 675.24 (f) added...... 2687 681.42 Redesignated from (c)(1)(i) and (f)(1) heading re- 681.32 ...... 10440 vised ...... 10435 681.43 Redesignated from (f)(1)(ii) and (2)(ii) corrected ...... 15031 681.33 ...... 10440 (c)(2)(ii) corrected...... 15032 681.44 Redesignated from (c)(2)(iii) added; interim emer- 681.34 ...... 10440 gency eff. 5–21–92 through 8– 681.45 Redesignated from 25–92...... 22185 681.35 ...... 10440 (c)(3) added ...... 37908 683 Technical correction...... 40255 Regulation at 57 FR 22185 eff. 683.23 Revised ...... 36908 date extended to 11–23–92 ...... 39138 685 Technical correction...... 10062 675.26 (a)(2)(ii)(A), (B), (b) and 685.1 (a) and (b) revised...... 48567 (d)(3) suspended; (a)(2)(ii)(C), 685.2 Amended...... 7664, 45991, 48568 (D), (d)(4) and (e) added; in- Table corrected ...... 53966 terim emergency eff. 5–21–92 685.4 (a), (b)(7), (8) and (c)(9) through 8–25–92 ...... 22185 amended...... 48568 Regulation at 57 FR 22185 eff. 685.5 (t) added...... 7664 date extended to 11–23–92 ...... 39138 (t) revised ...... 45991
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50 CFR—Continued 57 FR 50 CFR—Continued 58 FR Page Page Chapter VI—Continued Chapter VI—Continued (a), (b), (d) through (g), (n), (o) 625.5 (b)(1) corrected ...... 11381 and (r) amended ...... 48568 625.6 (a)(2), (b) and (c) revised; eff. 685.8 (a) amended ...... 48568 1–1–94...... 35894 685.9 (a) amended ...... 48568 625.8 Regulation at 57 FR 58151 685.13 Amended...... 48568 effective date extended 685.15 (a), (c)(1) and (2) amend- ed ...... 48568 through 4–30–93 ...... 13560 685.22 Revised ...... 48568 (c)(2) through (10) redesignated 685.23 Amended...... 48568 as (c)(4) through (12); (a)(3), (7) 685.24 Added ...... 7664 and new (c)(6) revised; (c)(2) Redesignated as 685.26; new and (3) added...... 40074 685.24 added...... 45992 625.20 (d)(1) suspended; (d)(3) 685.25 Added ...... 7664 added; interim; effective to 8– (a)(2), (3) and (4) amended ...... 48568 5–93...... 27215 685.26 Redesignated from (d)(3) table corrected ...... 31234 685.24 ...... 45992 Regulation at 58 FR 27215 effec- tive date extended through 11- 1993 3-93 ...... 39680 50 CFR 58 FR (a)(8) and (9) redesignated as (9) Page and (10); new (a)(8) and (b)(8) Chapter VI added ...... 40074 601.32 Revised ...... 29554 (f) added; effective through 11– 605.24 (a)(3)(i) amended ...... 50288 24–93...... 45076 Comment period extended to 11- (d)(1) revised; (d)(3) added; eff. 26-93; interim ...... 57968 10–25–93 ...... 49940 611 Specifications ...... 2991, 33778 Regulation at 58 FR 27215 and Apportionment ...... 8712 39680 terminated; regulation Technical correction...... 16446, 17642, at 58 FR 49940 corrected ...... 52685 21218, 38167 Regulation at 58 FR 45076 eff. Fishery management measures date extended through 12-31-93 ...... 16787 ...... 62556 611.1—611.16 (Subpart A) Appen- (f) added...... 65937 dix C amended; eff. 10–25– 93...... 49439 625.24 Regulation at 57 FR 58151 611.60 (a) revised; (d) amend- effective date extended ed ...... 21943 through 4–30–93 ...... 13560 611.61 Heading, (a), (b)(1), (2) in- (a), (b)(1) and (e) revised ...... 40074 troductory text, (c)(3) and (e) 625.25 (d) revised; eff. 10–25– revised; (d) removed...... 21944 93...... 49940 611.81 (d) revised ...... 14171 (d) revised...... 65938 (i) and (k) removed; (j) redesig- 625.27 (e)(2) corrected...... 11381 nated as (i); new (i)(1) re- 630 Temporary regulations ...... 32311, moved; new (i)(2) through (9) 37443, 42880 redesignated as (i)(1) through 630.24 (b)(1)(i) and (ii) revised; in- (8); new (i) heading, (i)(3)(i), terim...... 33569 (ii) and (5) introductory text Regulation at 58 FR 33569 con- revised; (b), (i)(1), (2), (3)(iv), firmed...... 58509 (6)(i), (ii) and (7) amended; eff. 638.25 Revised ...... 29555 10–25–93 ...... 49441 625 Specifications ...... 5658 640.2 Amended ...... 38979 Harvest quota...... 8557, 21261, 27215, 640.7 (g) amended; (l) and (p) 41191, 59196, 61844, 62050, 65134, through (s) revised...... 38979 68555 (n) amended ...... 61845 625.2 Amended ...... 65937 640.20 (b) revised ...... 38980 625.4 (b)(1)(ii) corrected ...... 11381 640.22 (a)(2) amended...... 38980
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50 CFR—Continued 58 FR 50 CFR—Continued 58 FR Page Page Chapter VI—Continued Chapter VI—Continued 640.23 (a) revised; (b) through (g) 646.2 Amended; interim ...... 11981 redesignated as (c) through (h); Regulation at 58 FR 11981 con- new (b) added; new (d) through firmed...... 36156 (h) amended...... 38980 646.4 (a)(1)(i), (iv), (b)(2)(vi) intro- 641 Temporary regulations ...... 29556 ductory text, (A), (C) and (e) 641.4 (m) and (n) added; interim; amended...... 11984 effective through 6–28–93...... 13561 (b)(3) amended ...... 21112 (m) and (n) added; effective (c)(3) amended ...... 35896 through 12–31–94...... 33027 (i) amended...... 41438 (n)(1) revised; (n)(3) added; eff. 646.6 (b) introductory text and (d) in part 1-1-94 through 12-31-94 through (g) amended...... 11984 and 1-1-94 through 2-9-94 ...... 68326 641.7 (u) and (v) added; interim; 646.7 (a) and (z) amended; (aa), effective through 6–28–93...... 13561 (bb) and (cc) revised ...... 11981 (u) and (v) added; effective Regulation at 58 FR 11981 con- through 12–31–94...... 33027 firmed...... 36156 (u) revised; (w) and (x) added; (o), (w), (gg) and (ii) amended eff. in part 1-1-94 through 12- ...... 41438 31-94 and 1-1-94 through 2-9-94 646.22 (c) and (g)(1)(iii) re- ...... 68326 vised...... 11981 641.21 (d) added; interim; effec- (g)(1)(i)(A) revised ...... 21112 tive through 6–28–93 ...... 13561 Regulation at 58 FR 11981 con- (d) added; effective through 12– firmed...... 36156 31–94...... 33027 646.23 (a)(2) revised; (c)(2) intro- (d) heading revised; (d)(4) and (5) ductory text amended...... 11982 added; eff. 1-1-94 through 12- Regulation at 58 FR 11982 con- 31-94...... 68326 firmed...... 36156 641.25 (a) revised ...... 16372 646.26 (b) amended...... 11982 641.26 Revised ...... 29555 (a)(22) through (29) added; (c)(1) 641.30 Added; eff. 1-1-94 through introductory text revised; 2-9-94 ...... 68326 (c)(4) amended ...... 35896 642 Temporary regulations ...... 4093, Regulation at 58 FR 11982 con- 11198, 16785, 51579, 68327 firmed...... 36156 Fishery management measures 646 Figure 3 revised...... 11983 ...... 4599 Regulation at 58 FR 11982 con- 642.7 (a) corrected...... 3330 firmed...... 36156 (u) added; interim...... 10991 649.20 (b) revised ...... 68556 (u) added...... 58511 649.21 (d)(1)(iii) revised ...... 34001 642.21 (b) corrected ...... 3330 642.24 (a)(1)(iv) revised ...... 45847 650 Temporary regulations ...... 4944 642.25 (b)(2) amended...... 45847 Technical correction...... 7040 (a)(1)(i) suspended; (a)(1)(iii) 651 Technical correction...... 55116 added; interim; eff. through 1- 651.2 Amended; interim; effective 3-94 ...... 51791 through 9–7–93 ...... 32064 Regulation at 58 FR 51791 eff. 651.7 (a)(3), (4) and (5) added; in- date extended to 3-31-94 ...... 69273 terim; effective through 9–7– 642.26 (a) amended; (b) introduc- 93...... 32064 tory text revised ...... 29555 651.20 (g) added; interim; effec- 642.27 (b) amended...... 29555 tive through 9–7–93...... 32064 (a)(2)(ii) introductory text, (iii) (e)(2) redesignated as (e)(2)(i); and (b) revised ...... 45847 (b)(4) and (e)(2)(ii) added; in- 642.28 Amended...... 29555 terim ...... 49941 642.31 Added; interim...... 10991 651.21 (a)(2) suspended; (a)(5) Added ...... 58511 added; interim; effective 646 Technical correction...... 38813 through 9–7–93 ...... 32064
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50 CFR—Continued 58 FR 50 CFR—Continued 58 FR Page Page Chapter VI—Continued Chapter VI—Continued (a)(2) reinstated; (a)(5) removed; Regulation at 58 FR 21272 effec- interim; effective to 9–6–93 tive date corrected to 4–15–93 ...... 33345 through 12–31–93...... 31179 651.22 (e)(2)(i) table amended...... 33028 663.33 (f)(1)(i) corrected...... 16125 651.28 Added; interim; effective 663.35 (a)(3) corrected ...... 3330 through 9–7–93 ...... 32064 652 Harvest quotas...... 11198 (a)(4) introductory text, (i) and Temporary regulations ...... 59197 (c)(3)(i) amended; (a)(4)(i)(A) 652.8 (c)(19) revised; (c)(20) redes- and (B) removed...... 16125 ignated as (c)(23); new (c)(20), 663.36 (a)(2) corrected ...... 3330 (21) and (22) added...... 14342 (a)(4) amended ...... 16125 652.9 (a) revised; (b) and (c) redes- 663.41 (a)(2) introductory text and ignated as (e) and (f); new (b), (i) amended; (a)(2)(ii) re- new (c) and (d) added ...... 14342 vised...... 49942 655 Specifications...... 38980 663 Appendix amended ...... 21264, 21265 657 Correctly designated...... 41325 669 Heading revised...... 53146 658 Temporary regulations ...... 35897 669.1 Revised ...... 53146 658.22 Existing text designated as 669.2 Amended ...... 53146 (a); new (b) added ...... 17170 658.25 (b)(2), (3) and (4) introduc- 669.4 Amended ...... 53148 tory text revised ...... 29556 669.6 (a), (e)(1) introductory text, 659 Added ...... 57751 (2) and (3) amended...... 53148 661 Appendix amended; interim; 669.7 Revised ...... 53147 effective to 5–31–93 ...... 26932 669.20—669.25 (Subpart B) Re- Appendix amended; effective to vised...... 53147 8–4–93 ...... 31679 671 Removed...... 36901 appendix amended ...... 68064 Added; interim ...... 38729 Inseason adjustments...... 39161, 48001, 672 Temporary regulations ....504, 11985, 50524, 53143 11986, 13214, 16372, 16373, 16797, 17806, Regulation at 58 FR 31679 effec- 21545, 29564, 30130, 31679, 31680, 32064, tive through 11–2–93 ...... 42030 33345, 34002, 34380, 34723, 35897, 37660, Temporary regulations .....43562, 44776, 37870, 37871, 39457, 40602, 41438, 41640, 46093 42255, 42694, 42758, 44287, 46095, 52032, Fishery management measures 53668, 60801, 65556 ...... 59197 Fishery management measures 662 Harvest quotas...... 38726, 45847 ...... 16787 663 Restrictions...... 31345, 46094, 47651, 52031, 64169 Technical corrections ...... 21218, 32003, Specifications ...... 2991 38167, 44889 Fishery management measures Specifications ...... 33778 ...... 21949 Prohibition of retention....34723, 39456, 663.2 Amended; effective to 12–31– 40075, 40601, 41191, 42256, 42503, 93...... 21272 53148 Regulation at 58 FR 21272 effec- Figures 2 and 3 removed; Figure tive date corrected to 4–15–93 4 redesignated as Figure 2...... 39683 ...... 31179 Inseason adjustments...... 51791 663.7 (n) and (o) added...... 21263 672.2 Amended ...... 39682, 45850 663.23 (b)(3) and (c)(1)(i)(H) re- Corrected...... 43412 vised; (c)(1)(i)(I) added ...... 11985 672.3 Revised ...... 59401 (b)(2) revised ...... 16631 (b)(3) revised...... 21263 672.7 (k) added...... 28521 (b)(4) added; effective to 12–31– (l) added...... 28800 93 ...... 21272 (m) added...... 39683 (b)(4)(i) and (v) suspended; 672.20 (c)(1)(i)(A) and (ii)(A) (b)(4)(vi) and (vii) added; in- amended...... 16787 terim; effective to 8–9–93...... 27482 (e)(5) added ...... 45850
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50 CFR—Continued 58 FR 50 CFR—Continued 58 FR Page Page Chapter VI—Continued Chapter VI—Continued (i) introductory text and (1) (a)(3) introductory text revised; through (5) redesignated as eff. 1-1-95...... 59402 (i)(1) through (6); new (i)(1) 675.21 (b)(4) removed; (b)(2) and (3) and (2) revised; (i)(7) added redesignated as (b)(3) and (4); ...... 57753 new (b)(2) added; (a), (b) head- 672.23 (a) revised; (f) added...... 16787 ing, (1), new (2), (3)(ii), (iii), (c) revised ...... 28521 (c)(1), (2) and (d) revised...... 14527 672.24 (d)(3) and (4) removed...... 504 (b)(3)(iii) corrected ...... 21627 (f) added ...... 5661 675.22 (g) corrected...... 14172 (e)(2) revised ...... 13563 (a) amended ...... 37663 (d)(1) introductory text and (2) Corrected...... 41325 introductory text revised; 675.23 (a) revised; (e) added ...... 30998 (d)(3) and (4) added...... 39683 675.24 (g) added ...... 5662 (e)(1) table and (2) table amend- (f)(1)(ii) revised...... 13563 ed...... 53142 Heading, (c)(1)(i), (ii), (d)(1), (2) 674.5 Removed; CFR correc- and (f)(1) introductory text re- tion ...... 12336 vised; introductory text re- 675 Temporary regulations .....504, 5662, moved...... 37663 9129, 11199, 11381, 11986, 14173, 15291, (f)(1)(i), (ii), (2)(i) and (ii) tables 16374, 17366, 17367, 19213, 21951, 25952, amended ...... 53142 26072, 27216, 28522, 29362, 29564, 29793, 675.27 (b)(1)(iii) corrected ...... 7040 30130, 32615, 34380, 34381, 34724, 34932, (a)(2) amended; (b)(3)(ii)(C), 35897, 42031, 42695, 42758, 43297, 44465, (d)(5)(iv)(E) and (g) revised 45076, 47221, 47833, 50289, 50857, 51253, ...... 32876 52033, 52451, 53148, 54529, 58297, 58802, (b)(1)(ii) and (c)(1) amended ...... 37663 60145, 65292, 65556, 69273 Corrected...... 41325 Apportionment...... 8712, 14172, 15291, 675 Figure 1 removed; Figures 2 44136, 50856 through 5 redesignated as Fig- Prohibition of retention .....8713, 39162, ures 1 through 4; new Figure 59413 1 revised ...... 37663 Recordkeeping and reporting re- Figures 4 and 5 removed...... 39683 quirements ...... 12336 676 Added; eff. in part 1-1-95 ...... 59402 Technical correction...... 13826, 16446, 678 Added ...... 21944 32003, 45377 Temporary regulations ...... 27482, 40076 Regulation at 58 FR 50857 eff. Harvest quotas ...... 40075 date corrected ...... 58593 678.2 Amended; interim ...... 68558 Fishery management measures 678.4 (j) corrected...... 27336 ...... 61031 678.7 (w) effective to 6–30–93...... 21947 675.2 Amended ...14527, 37662, 37663, 39683 (p) revised; (x) added; interim Corrected...... 41325 ...... 68558 675.3 Revised ...... 59402 678.21 (c) added; interim ...... 68558 675.5 (c)(2)(i) revised ...... 39683 678.28 Effective to 6–30–93 ...... 21948 675.7 (m) added...... 28800 681 Harvest quotas...... 21409 (n) added...... 39683 683 Technical correction...... 29454 675.20 (a)(2)(ii) revised...... 30998 683.2 Amended ...... 26256 (j)(1) amended; (j)(4) revised ...... 37662 683.6 (f) revised ...... 26256 (a)(2)(ii), (iii), (3)(ii), (iii) and (8) 683.21 (a)(5) added...... 26256 amended ...... 37663 683.25 (a)(5) removed; (a)(6) and (7) Corrected...... 41325 redesignated as (a)(5) and (c)(5) added ...... 45850 (6)...... 26256 (j) introductory text and (1) 685 Technical correction...... 17642 through (5) redesignated as 685.5 (l) revised; (u) through (x) (j)(1) through (6); new (j)(1), (2) added; interim ...... 67701 and (5) revised; (j)(7) added 685.11 Revised ...... 67701 ...... 57753 685.12 Revised ...... 14171
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50 CFR—Continued 58 FR 50 CFR—Continued 59 FR Page Page Chapter VI—Continued Chapter VI—Continued Technical correction ...... 17642 Regulations at 59 FR 32939 and 47563 superseded...... 66780 1994 Revised...... 66782 638.6 Redesignated as 638.8 ...... 66780 50 CFR 59 FR Page Added ...... 66782 Chapter VI 638.7 Revised ...... 66782 601.37 (a) revised; interim...... 11559 638.8 Redesignated as 638.9; new 605.24 Regulation at 58 FR 50288 638.8 redesignated from confirmed...... 38943 638.6...... 66780 611 Fishery management meas- 638.9 Redesignated from 638.8 ...... 66780 ures.....685, 5762, 7647, 7656, 64346, 65975 638.20—638.28 (Subpart B) Re- Technical correction ...... 13769 vised...... 66783 611.1—611.16 (Subpart A) appen- 638.27 Added; interim; eff. 5–16–94 dix A amended ...... 66790 through 8–14–94 ...... 25345 611.62 Removed...... 66790 Added; interim ...... 42534 625 Harvest quotas ...... 257, 3320, 10586, 638.28 Added; interim...... 32939 15863, 26971, 29207, 50512, 55822, 60568 Regulations at 59 FR 32939 and 625.6 (a)(1) through (4), (b) and (c) 47563 superseded...... 66783 revised; (a)(5) redesignated as 640.2 Amended ...... 53119 (a)(6); new (a)(5) added; in- 640.4 (a), (b) heading, (1), (2)(vi) terim...... 11935 and (viii) introductory text re- 625.8 (c)(2) revised; interim ...... 11936 vised; (d) amended ...... 53119 Corrected...... 19146 640.6 (a), (b) heading and (1) intro- (a)(6), (7) and (9) revised; (e) ductory text revised; (b)(2) added ...... 28810 amended...... 53119 (c)(11) correctly designated ...... 36720 640.7 (a) revised; (u) added ...... 53119 625.20 (c) revised ...... 28810 640.20 (c)(1) amended...... 53119 625.22 Revised; interim ...... 18757 640.21 (d) revised ...... 53119 625.24 (c) removed; (d) and (e) re- 640.22 (b)(3)(i) revised...... 53120 designated as (c) and (d); new 640.23 (c)(2) revised; (d) amend- (e) and (f) added...... 28810 ed ...... 53120 625.25 (a) revised; interim...... 18757 (d) revised...... 28810 641 Temporary regulations ...... 22760 625.28 Added ...... 28811 641.1 (b) revised...... 970 630 Temporary regulations ...... 32136, 641.2 Amended ...... 971, 39304 36090 Corrected...... 49356 630.7 (q) revised; (y) added ...... 55064 641.4 (a)(1), (4), (b)(1), (2) introduc- 630.50—630.52 (Subpart D) tory text, (xi), (xiii)(B), (h), (i) Added ...... 55064 and (k) revised; (b)(2)(xiii)(C) 638 Temporary regulations ...... 54841 and (xiv) removed; (o) added; 638.1 Revised ...... 66780 eff. in part 2–7–94 through 2– 638.2 Amended ...... 66780 7–97...... 971 638.3 (a) amended; (c) added ...... 66780 (b)(2)(xiii)(B) correctly des- 638.4 Revised ...... 66780 ignated...... 3749 638.5 (o), (p) and (q) added; in- (a)(1) through (5) and (c) terim; eff. 5–16–94 through 8– through (o) redesignated as 14–94 ...... 25345 (a)(1)(i) through (1)(v) and (d) (r), (s) and (t) added; interim through (p); new (a)(1) head- ...... 32939 ing, (2), (c) and (n)(3) added; (o), (p), (q) and (u) added; in- (b) heading, new (d) through terim ...... 42533 (i) and (p)(4) revised; new (m) Regulation at 59 FR 32939 eff. introductory text, (1), (2), date extended through 12–25– (n)(2) and (p) introductory 94 ...... 47563 text amended ...... 6590
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50 CFR—Continued 59 FR 50 CFR—Continued 59 FR Page Page Chapter VI—Continued Chapter VI—Continued (m) introductory text, (4), (o) in- 642.7 (p) revised; (s) and (u) re- troductory text, (p)(4) and (5) moved; (t) redesignated as (x); revised; (n) introductory text new (s) through (w) added; eff. added ...... 39304 in part 11–1–94 ...... 43781 (o)(3) added; eff. 1–1–95 through (s) amended ...... 53120 2–23–95...... 67650 642.25 (c) removed; (a)(1) intro- 641.5 (b), (c), (f), (g) and (i) re- ductory text and (i) re- vised...... 971 (d) revised ...... 6591 vised...... 43782 Regulation at 59 FR 6591 eff. (a)(2) and (b)(2) amended...... 53120 date corrected to 3–9–94 ...... 10675 642.26 Revised ...... 43782 641.6 Heading and (a) through (e) 642.27 (b) amended...... 53120 revised ...... 972 642.28 Redesignated as 642.29; new 641.7 (a), (b), (g), (i), (k), (l) and 642.28 added; eff. in part 11–1– (s) revised; (y) through (cc) 94...... 43782 added...... 972 (a)(1) and (2) amended; (b)(1) and (a), (b) and (c) revised; (y) (c) revised ...... 53121 amended; (bb) and (cc) redes- 642.29 Redesignated as 642.30; new ignated as (cc) and (dd); new 642.29 redesignated from (bb) added...... 6591 642.28 ...... 43782 (ee) added; eff. 7–27–94 through 642.30 Redesignated as 642.31; new 10–31–94 ...... 39304 642.30 redesignated from Regulation at 59 FR 39304 eff. 642.29 ...... 43782 date extended to 12–31–95 ...... 49356 (x) added; eff. 1–1–95 through 2– 642.31 Removed; new 642.31 redes- 23–95...... 67650 ignated from 642.30...... 43782 641.10 Added; eff. 7–27–94 through 646 Heading revised...... 66272 10–31–94...... 39304 646.1 (b) revised...... 27244 (b)(3) corrected ...... 49356 Revised...... 66272 641.21 (a)(1) and (b) revised ...... 972 646.2 Amended ...... 27244 Regulation at 59 FR 39304 eff. Amended ...... 66272 date extended to 12–31–95 ...... 49356 646.4 (b)(2)(vi)(A) and (B) amend- (a)(1) revised ...... 67650 ed; (b)(2)(vi)(C) removed...... 27244 641.22 (b)(2)(i), (ii), (iii) introduc- (e) through (m) redesignated as tory text, (A), (5) and (6) re- (f) through (n); (a)(3), vised; (b)(3) introductory text (b)(2)(vii)(B), (C), (d) and new amended; (b)(7) added...... 973 (j) revised; (a)(4), (5) and new 641.23 (a)(3) and (b)(3) amended; (e) added; new (f), (g)(1), (i)(1), (c) and (d) added ...... 973 (2) and (n) amended...... 66272 (b)(1) introductory text and (d)(2) introductory text re- 646.5 (d) introductory text and (4) vised ...... 39305 revised ...... 27244 641.24 (a) and (g) revised; (c)(1) (b) and (c)(1) amended...... 66273 amended...... 973 646.7 (kk) revised; (mm) redesig- (b)(1) revised ...... 67651 nated as (ss); new (mm) 641.27 (a) amended...... 974 through (rr) added...... 27244 641.28 Revised ...... 974 Revised...... 66273 641.30 Added; eff. 1–1–95 through 646.20 Revised ...... 27245 2–23–95 ...... 67651 646.21 (j) added ...... 27245 641 Appendix A amended ...... 974 (a)(1)(i) and (iii) revised; 642 Temporary regulations .....257, 4255, (a)(1)(iv), (v) and (vi) redesig- 5962, 8868, 49356, 66276 nated as (a)(1)(v), (vii) and 642.2 Amended ...... 43781 (viii); new (a)(1)(iv) and new 642.4 (m) added; eff. in part 8–24– (vi) added...... 66275 94 through 10–31–94 ...... 43781
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50 CFR—Continued 59 FR 50 CFR—Continued 59 FR Page Page Chapter VI—Continued Chapter VI—Continued 646.22 (d), (e) and (f) removed; (g) 650.30 Added; interim; eff. 3–4–94 redesignated as (d); new through 4–30–94 ...... 11007 (d)(1)(i) and (ii) introductory (a) corrected ...... 14370 text revised; new (d)(1)(iii) 651 Revised; eff. in part to 4–2– amended; new (e), new (f), new 94 ...... 9884 (g) and (h) added...... 66275 651.2 Amended; eff. 1–3–94 through 646.23 (a)(4) added; (b)(3) re- 4–2–94 ...... 28 vised...... 27245 Amended...... 22762, 26976, 42178 (a)(2) and (3) removed; (a)(4) re- designated as (a)(3); new (a)(2) 651.4 (i) revised ...... 42178 added; (c)(2) introductory text 651.5 (g) revised...... 42178 revised...... 66275 651.6 (f) revised ...... 42178 646.24 Revised ...... 27245 651.7 (a)(3) through (7) and (b)(15) 646.25 Redesignated as 646.27; new through (21) added; (b)(11) sus- 646.25 added...... 27245 pended; eff. 1–3–94 through 4– 646.26 (d) added ...... 27245 2–94 ...... 28 Redesignated as 646.27 ...... 66275 651.9 Regulation at 59 FR 9884 eff. 646.27 Redesignated as 646.28; new date extended in part to 6–30– 646.27 redesignated from 94...... 15656 646.25 ...... 27245 (a)(13) and (e)(31) revised...... 26976 Redesignated as 646.28; new (a)(11), (12), (e)(33) and (34) re- 646.27 redesignated from 646.26 vised ...... 32136 ...... 66275 (b)(1), (d) and (e)(2) introductory 646.28 Redesignated from text revised ...... 36726 646.27 ...... 27245 (a)(7), (13), (e)(5) and (31) revised; Redesignated as 646.29; new (a)(14) added...... 42178 646.28 redesignated from 646.27 (a)(13), (e)(14) through (21), (28), ...... 66275 (29) and (31) stayed; (a)(15) and Amended ...... 66276 (e)(36) through (51) added; eff. 646.29 Redesignated from 12–12–94 through 3–12–95 ...... 63929 646.28 ...... 66275 651.20 (g) added; eff. 1–3–94 Revised...... 66276 through 4–2–94 ...... 29 646 Figure 2 removed; Figure 3 re- (b)(3)(vi) added ...... 5129 designated as Figure 2...... 27246 (a)(2) and (5) corrected ...... 10588 649 Revised ...... 31943 649.20 (b) revised ...... 26455 (a)(2) and (5) revised...... 15657 650 Revised ...... 2763 (a)(3)(i), (4)(i)(A), (c)(3)(i), (ii), Temporary regulations ...... 2777 (d)(3)(i), (ii), (e)(1)(iv) and 650.2 Amended ...... 36722 (f)(4) revised...... 36726 650.9 (b)(13) and (c)(14) suspended; (a)(5), (e) heading, (1) introduc- (b)(25), (26), (c)(8) and (9) added; tory text, (2), (f) introductory interim; eff. 3–4–94 through 4– text and (g) revised; (c)(4) in- 30–94 ...... 11007 troductory text amended...... 42178 (b)(8), (11), (14), (15), (16), (c)(2), (a)(4)(i)(B) revised...... 47816 (5) and (6) revised ...... 36722 (a)(2) through (5), (b)(2), (c)(2), 650.20 Suspended; interim; eff. 3– (3), (4), (d)(2), (3), (e)(1)(iv), (2) 4–94 through 4–30–94 ...... 11007 and (f)(4) stayed; (a)(6) 650.21 (b)(3)(i) suspended; through (10), (b)(3), (c)(5) (b)(3)(iv) added; interim; eff. 3– through (8), (d)(4), (5), (6), 4–94 through 4–30–94 ...... 11007 (e)(1)(v), (vi), (3), (f)(5) and (6) (a)(1), (b)(1), (4)(ii), (iii) and (c) added; eff. 12–12–94 through 3– revised...... 36723 12–95...... 63929 650.22 (a) amended...... 59969 (a), (b) and (c) stayed; (d) added; 650.24 (c)(1) revised ...... 36723 eff. 12–12–94 through 3–12–95 650.27 Revised ...... 59969 ...... 63932
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50 CFR—Continued 59 FR 50 CFR—Continued 59 FR Page Page Chapter VI—Continued Chapter VI—Continued 651.21 (a) introductory text, (1), 658.2 Revised ...... 66790 (2) and (3) suspended; (c) added; 658.3 (a) amended; (c) added ...... 66791 eff. 1–3–94 through 4–2–94 ...... 29 658.4 Revised ...... 66791 (b)(6) added; (b)(3)(i) suspended; 658.5 (a) introductory text, (4) and interim; eff. 4–3–94 through 6– (b) revised...... 66791 30–94...... 15657 658.6 Revised ...... 66791 (b)(3) revised...... 32136 658.7 Revised ...... 66791 651.22 (b)(1)(i), (3)(ii), (iv), (7), 658.20—658.28 (Subpart B) Re- (c)(1)(i) heading, (A), (E) and vised...... 66791 (F) revised; (b)(3)(i) amend- 658.21 (a) stayed; (d) added; eff. ed ...... 22762 10–19–94 through 12–31–94 ...... 53605 (c)(1)(i) heading, (B) and 658.22 (a) Figure 1 redesignated as (d)(2)(ii) revised ...... 36727 appendix A Figure 1...... 66791 (b)(7) and (c)(1)(i)(B) revised ...... 42179 658.23 (b) Figure 3 redesignated as (d)(2)(i) and (ii) stayed; (d)(2)(iv) appendix A Figure 3...... 66791 and (v) added; eff. 12–12–94 658 appendix A amended...... 66791, 66792 through 3–12–95 ...... 63932 661 Appendix amended ...... 23013, 23015, 651.23 (a) table amended ...... 42179 23016 651.27 Regulation at 59 FR 9884 Inseason adjustments...... 28014 eff. date extended in part to Temporary regulations ...... 31170 6–30–94 ...... 15656 662 Harvest quotas...... 43501 662.2 Amended ...... 18978 (b) revised...... 32136 662.20 (a) revised ...... 18978 (a) heading, (1), (2) and (4) re- 663 Temporary regulations ...... 33700, vised ...... 36727 46002, 50857, 51872 (a)(1)(ii)(A) revised ...... 47816 Fishery management measures (a) introductory text and (1) ...... 685, 23638 through (4) stayed; (a)(5) and Restrictions...... 25832, 29736, 62626 (6) added; eff. 12–12–94 through 663.7 (q) amended; interim ...... 700 3–12–95...... 63932 (o) amended; eff. 4–8–94 through 651.28 Added; eff. 1–3–94 through 12–31–96 ...... 17493 4–2–94 ...... 29 663.23 (b)(2) heading and (c)(1) 651.29 Added; eff. 1–3–94 through heading revised; (c)(2) redesig- 4–2–94 ...... 29 nated as (c)(3); (b)(2) introduc- 651.30 Revised ...... 42179 tory text and new (c)(2) added; 651.32 (a), (b)(1) and (2) re- interim...... 700 vised...... 26976 (b)(4) added; eff. 4–8–94 through (a)(1)(iii) table corrected ...... 35056 12–31–96 ...... 17493 (a) introductory text and (1) in- 663.24 Removed; interim ...... 701 troductory text revised ...... 42179 663.31 Amended; interim ...... 701 (a) stayed; (c) added; eff. 12–12– 663.33 (f)(2) suspended 12–29–93 to 94 through 3–12–95 ...... 63933 4–1–94...... 259 651 Figure 2 suspended; Figure 6 (d)(1) amended; interim ...... 701 added; eff. 1–3–94 through 4–2– Suspension at 59 FR 259 ex- 94 ...... 29 tended through 4–14–94...... 15345 Figure 6 added...... 5130 (g) revised...... 17735 Figure 4 added ...... 26978 663.35 (b)(1), (2)(i) and (ii) amend- Figures 1 and 3 revised...... 42180 ed; interim...... 701 Figure 3 stayed; Figure 5 added; 663.36 (b)(1) amended; interim ...... 701 eff. 12–12–94 through 3–12–95 663.37 (b)(1) amended; interim ...... 701 ...... 63933 663.41 (c)(2) and (3) amended; in- 652 Temporary regulations ...... 66487 terim...... 701 Harvest quotas...... 6221 663.45 Added; eff. 12–23–94 through 658 Temporary regulations ...... 24660, 3–30–95 ...... 67653 34582 663 Appendix amended; in- 658.1 Revised ...... 66790 terim...... 701
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50 CFR—Continued 59 FR 50 CFR—Continued 59 FR Page Page Chapter VI—Continued Chapter VI—Continued 669.23 (b)(1) revised ...... 11560 Temporary regulations ...... 4009, 8142, 671.4 Added; eff. 10–6–94 ...... 46134 8869, 10082, 13662, 15346, 16570, 671.20 Removed...... 28281 17738, 22762, 23172, 24360, 24361, 671.21 Added; eff. 10–6–94 ...... 46134 26144, 26145, 27246, 28811, 29208, 672 Temporary regulations ....4256, 5736, 29737, 29964, 30307, 32386, 33920, 6912, 8868, 11209, 12551, 13894, 15134, 34392, 34583, 35056, 35057, 35638, 17737, 21946, 26761, 28811, 29208, 29548, 36727, 39305, 41412, 43501, 43783, 33212, 35056, 37180, 37723, 39477, 39478, 46771, 49032, 49593, 49864, 50858, 42776, 43296, 45239, 49592, 50170, 51134, 51873, 51874, 52452, 53121, 55822, 51872, 51873, 52099, 52923, 53937, 55066, 60569, 63063, 66276 59969 Prohibitions of retention ...51387, 61555 Fishery management measures Fishery management measures ...... 7647, 65975 ...... 7656, 32385, 64346 Technical corrections...... 17848 Technical correction ...... 13769 Prohibition of retention....39705, 40314, Apportionment ...... 21673, 46570, 54842, 44341, 45239 59177 Inseason adjustment ...... 49863 Reallocation...... 42776 672.2 Amended...... 9422, 50701 675.2 Amended...... 9423, 18762, 50704 672.4 (b) introductory text and (1) 675.4 (b) introductory text and (1) through (10) redesignated as through (10) redesignated as (b)(1) introductory text and (i) (b)(1) introductory text and (i) through (x); (b)(2) added; eff. through (x); (b)(2) added; eff. 10–6–94 ...... 46134 10–6–94 ...... 46135 672.7 (n) added ...... 9423 675.7 (o) added ...... 9423 (o) added ...... 18761 (p) added ...... 18762 (k) revised ...... 50170 675.20 (a)(2)(iv), (v) and (3)(iv) 672.20 (f)(1)(i) and (h)(1) sus- added ...... 4012 pended; eff. 2–7–94 to 5–11–94; (h)(2), (6) and (i)(1) suspended; (f)(3) and (h)(3) added; in- (h)(7), (8) and (i)(3) added; eff. terim ...... 6225 2–7–94 to 5–11–94 ...... 6226 (g)(1)(i)(A), (ii), (2) and (4)(ii) re- (j)(1) and (6) revised ...... 14123 vised ...... 10589 (c)(3) and (4) revised; (c)(6) added (i)(1) and (6) revised ...... 14122 ...... 18762 Regulation at 59 FR 6225 eff. Regulation at 59 FR 6226 eff. date extended through 8–9–94 date extended through 8–9–94 ...... 24965 ...... 24965 (f) and (h)(1) revised...... 38134 (h)(2) and (i)(1) revised ...... 38135 (f)(3)(ii) and (g)(4)(i) suspended; (j)(3) revised; (j)(4) removed; (f)(3)(iv) and (g)(4)(iii) added; (j)(5), (6) and (7) redesignated interim; eff. 9–12–94 to 12–10– as (j)(4), (5) and (6); (k) added 94 ...... 44945 ...... 50704 (i)(3) revised; (i)(4) removed; 675.21 (a)(4) and (c)(1)(iii) re- (i)(5), (6) and (7) redesignated moved; (a)(5), (6), (7) and as (i)(4), (5) and (6); (j) added (c)(1)(iv) redesignated as (a)(4), ...... 50701 (5), (6) and (c)(1)(iii); new (a)(4), Table 1 added ...... 50702 (b)(1) introductory text, (2)(i) Corrected...... 54842 and new (c)(1)(iii) revised ...... 18763 672.27 (g) added ...... 18761 675.22 (h) added; interim; eff. 8– (a) amended; (b), (c)(1)(ii)(D), 15–94 through 11–12–94 ...... 35479 (iii)(C) and (D) revised; 675.23 (c) suspended; (f) added; eff. (c)(1)(ii)(E), (iii)(E), (F), (iv) 2–7–94 to 5–11–94 ...... 6226 and (v) added ...... 22136 (c) revised ...... 38135 Revised; eff. 10–6–94...... 46135 (e) revised ...... 64868 675 Recordkeeping and reporting 675.25 (g) added ...... 18763 requirements ...... 3000 Revised...... 22137
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50 CFR—Continued 59 FR 50 CFR—Continued 59 FR Page Page Chapter VI—Continued Chapter VI—Continued Existing text suspended; (a) 678.5 (a)(2) amended; (b) and (c) through (d) added; interim; redesignated as (c) and (d); new eff. 8–15–94 through 11–12–94 (b) added ...... 52456 ...... 35479 678.7 Regulation at 58 FR 68558 Revised; eff. 10–6–94...... 46135 comment period extended ...... 3321 675.27 (e)(4) revised; (h) (a), (c), (k) through (q) and (s) added...... 25349 through (v) revised; (d) 676 Temporary regulations ...... 701 amended; (y) and (z) added 676 Fishery management meas- ...... 52457 ures ...... 7647, 7656, 64346, 65975 678.21 Regulation at 58 FR 68558 Technical correction ...... 13769 comment period extended ...... 3321 676.13 (a)(1) introductory text re- Redesignated as 678.22; new vised; eff. 10–6–94 ...... 46135 678.21 added...... 52457 Regulation at 59 FR 46135 eff. 678.22 Redesignated as 678.23; new date corrected to 1–1–95 ...... 51874 678.22 redesignated from 678.21; Regulation at 59 FR 46126 effec- (c)(1) revised ...... 52457 tive date corrected to 1-1-95 678.23 Redesignated as 678.24; new ...... 51874 678.23 redesignated from 676.16 (q) redesignated as (r); new 678.22 ...... 52457 (q) added; eff. 10–6–94 ...... 46135 678.24 Redesignated as 678.25; new (i) and (n) removed ...... 51138 678.24 redesignated from 678.23 ...... 52457 Regulation at 59 FR 46135 eff. 678.25 Redesignated as 678.26; new date corrected to 1–1–95 ...... 51874 678.25 redesignated from 678.24; Regulation at 59 FR 46126 effec- (a) introductory text and (2) tive date corrected to 1-1-95 amended...... 52457 ...... 51874 678.26 Redesignated as 678.27; new 676.20 (a)(1)(iii) revised ...... 43503 678.26 redesignated from 678.25; (a) revised; (f) introductory text (a) and (b) revised; (c) amended; amended ...... 51138 (d) added ...... 52457 676.21 Revised ...... 51138 678.27 Redesignated as 678.28; new 676.22 (g) revised ...... 51139 678.27 redesignated from 676.24 (b), (e)(1) and (i)(1) re- 678.26 ...... 52457 vised...... 43503 678.28 Redesignated from Regulation at 59 FR 43503 eff. 678.27 ...... 52457 date corrected to 1–1–95 ...... 51874 681 Harvest quotas ...... 6912, 44341 Regulation at 59 FR 43502 effec- 681.2 Amended ...... 56005 tive date corrected to 1-1-95 681.5 (a), (b) heading, (c) and (d) ...... 51874 revised; (e) added ...... 56005 676.25 Added ...... 28283 681.7 (b)(5) revised; (b)(14) 677 Added; eff. 10–6–94 ...... 46135 added...... 56006 Specifications...... 61556 681.11 Added ...... 56006 678 Temporary regulations ...... 25350, 681.25 Revised ...... 56006 38943, 44644, 51388, 55066 681.30 (c)(2)(ii) revised...... 35270 Harvest quotas ...... 33450 (c) revised ...... 56006 678.2 Regulation at 58 FR 68558 683.28 Added; interim...... 32939 comment period extended ...... 3321 685.2 Amended ...... 26982, 58791 Amended ...... 52456 685.4 (b) introductory text re- 678.4 (a)(1) through (4) and (c) re- vised...... 26982 designated as (a)(1)(i) through 685.5 (e) through (h) revised; (r) (iv) and (l); (a)(1) heading, new through (x) redesignated as (n) (a)(2) and new (c) added; new through (t); new (u) through (a)(1)(i), (d), (e)(1), (g), (h), and (x), (y) and (z) added ...... 26982 new (l) revised; new (a)(1)(iv) (aa) through (hh) added ...... 58791 amended...... 52456 685.9 Revised ...... 26983
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50 CFR—Continued 59 FR 50 CFR—Continued 60 FR Page Page Chapter VI—Continued Chapter VI—Continued (c)(4) corrected ...... 28449 630.7 (z) added; interim...... 46778 685.11 (a) amended...... 18501, 26984 630.23 (d) added; interim...... 46778 685.13 Revised ...... 26984 630.24 (b)(1) and (f) revised; (d)(6) 685.14 Revised ...... 58791 amended...... 46778 685.15 Revised ...... 26984 (d)(6) corrected ...... 51934 Corrected...... 52924 630.25 (a)(1) and (2) amended; 685.16 Added ...... 58791 (c)(2)(ii) revised ...... 46778 685.17 Revised ...... 26984 638 Temporary regulation ...... 62762 Corrected...... 52924 Heading revised ...... 66927 685.18 Added ...... 26984 638.1 (a) amended ...... 66927 685.23 Removed; new 685.23 redes- 638.2 Amended ...... 56536 ignated from 685.24...... 26986 638.4 (a)(1)(v) amended ...... 66927 (d) table amended ...... 46933 638.7 (m), (n) and (p) revised...... 56536 685.24 Redesignated as 685.23; new (k) and (q) amended; (x), (y) and 685.24 redesignated from 685.25; (z) added ...... 66927 (a)(1) and (f) introductory text 638.21 Revised ...... 66927 revised ...... 26986 638.23 (a)(1) and (b)(1) amended; 685.25 Redesignated as 685.24; new (c) revised...... 66927 685.25 redesignated from 685.26 638.26 Revised ...... 56536 and revised ...... 26986 638.27 (a) and (c) amended; (b)(2) 685.26 Redesignated as 685.25 ...... 26986 revised ...... 66927 685 Figure 1 added ...... 26987 640.2 Amended ...... 41830 695.2 Amended; eff. 10–28–94 ...... 49358 640.4 (a)(1) revised...... 41830 695.6 Added; eff. 10–28–94 ...... 49358 640.6 (a) revised; (c) amended...... 41830 695.7 (f), (k) and (s) added; eff. 10– 640.7 (e), (f), (p), (r) and (s) amend- 28–94 ...... 49358 ed ...... 41831 695.21 (d) added; eff. 10–28–94 ...... 49358 640.20 Revised ...... 41831 640.22 (a)(1) amended; (b)(3)(i) re- 1995 vised...... 41831 50 CFR 60 FR 640.23 Revised ...... 41831 Page 640.24 Amended...... 41832 Chapter VI 641 Temporary regulations ...... 19363, 604 Removed...... 39272 55805 611 Specifications ...... 2331, 62339 641.1 (b) revised...... 61206 Fishery management measures 641.2 Amended ...... 61206, 64355 ...... 7288, 20916 641.4 (a)(2) and (i) amended; (q) Specifications and fishery man- added...... 61207 agement measures ...8470, 8479, 13780, (a), (b), (m) and (n) revised; (f)(1) 61492 and (h) amended; (o) and (p) 611.50 (b)(4)(i) and (ii) revised; in- removed...... 64352 terim...... 37850 (a)(3) and (o) added; (a)(4) re- 611.51 Removed; interim ...... 37850 vised ...... 64354 611.52 Added; interim...... 37850 641.5 (d)(2) revised; (d)(3) redesig- 625 Harvest quotas...... 1757, 2905, 27906, nated as (d)(4); new (d)(3) 30923, 45107, 53281, 57685, 57686, 64349, added...... 61207 67339 (c) amended ...... 64354 Specifications ...... 8958 641.7 (ee) through (kk) added; (g), 625.4 (a)(3) revised...... 14230 (r), (s) and (bb) revised ...... 61207 625.20 (a) introductory text re- (a), (g), (r), (s), (y) and (bb) re- vised...... 57957 vised; (x), (ll) and (mm) added 625.22 Revised ...... 40114 ...... 64354 625.25 (a) revised ...... 40114 (gg) and (jj)(1) amended ...... 64355 630 Temporary regulations ...2032, 35869 641.10 Added ...... 61207 630 Inseason adjustments ...... 58245 (b)(4), (6) and (7) amended ...... 64355 630.2 Amended ...... 35341, 46778 641.23 (d)(2)(iii) amended...... 64355
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50 CFR—Continued 60 FR 50 CFR—Continued 60 FR Page Page Chapter VI—Continued Chapter VI—Continued 641.24 (a)(2) and (3) redesignated 649.4 (a)(1) and (b) introductory as (a)(3) and (4); new (a)(2) text amended; (b)(1)(i), (2)(i), added; new (a)(4) amended; (g) (3), (p) and (q) revised; (b)(5)(vi) revised ...... 61209 added...... 21997 (g) removed...... 64354 (b)(1)(i)(C) amended ...... 45682 (a)(1)(ii)(A) amended...... 64355 (b)(6) added ...... 62225 650.2 Amended ...... 35514 641.25 Introductory text amend- 650.4 Introductory text revised; ed ...... 64355 (a)(10) added...... 62225 641.27 (a) amended...... 64355 650.9 (a)(5) and (d)(13) revised; 641.28 Redesignated as 641.29; new (b)(25) and (26) added ...... 33758 641.28 added...... 64354 650.21 (c) revised ...... 17273 641.29 Redesignated as 641.30; new (a) introductory text revised; 641.29 redesignated from (b)(4)(iv) and (f) added...... 33758 641.28 ...... 64354 650.24 (c)(2)(i) revised; (c)(2)(ii) re- 641.30 Redesignated from designated as (c)(2)(iii); new 641.29 ...... 64354 (c)(2)(ii) added ...... 35514 642 Temporary regulations ....4866, 7716, 650 Figure 2 added ...... 33759 10333, 10514, 47100 Figures 3 and 4 added ...... 35515 642.7 (y) added; interim; eff. 2–1– 651 Recordkeeping and reporting 95 through 5–8–95 ...... 7136 requirements...... 21994 (s), (t) and (u) revised...... 57689 651.2 Amended...... 6447, 19368, 35518 642.24 (a)(1)(ii)(A) revised...... 57689 651.4 (f)(2)(iv) revised...... 6447 642.25 (a)(2) and (b)(2) amend- (d) amended; (f) revised; (t) ed ...... 57689 added ...... 19369 introductory text revised; 642.27 (b) amended...... 57689 (a)(10) added...... 62226 642.28 (a)(2) and (c) amended; 651.5 (a) revised ...... 6447, 19369 (b)(1), (2) and (e) introductory 651.9 (e)(36) revised; interim; eff. text revised ...... 57689 1–10–95 through 3–12–95 ...... 3103 642.32 Added; interim; eff. 2–1–95 (b)(1) revised; (b)(11) and (e)(36) through 5–8–95 ...... 7136 added ...... 6447 644.2 Amended ...... 35341 Regulations at 59 FR 63929 and 645.2 Amended ...... 35341 60 FR 3103 eff. date extended 646.2 Amended ...... 19684 to 6–10–95 ...... 13079 646.6 (g) amended ...... 19684 (a), (b) and (e) revised ...... 19369 646.7 (zz) added; interim; eff. 1– (e)(14) and (15) revised...... 26842 18–95 through 4–18–95 ...... 3563 (e)(40) correctly added ...... 51370 (pp)(1), (2) and (3) corrected ...... 12592 651.20 (a)(7)(i), (8) introductory Regulation at 60 FR 3563 eff. text, (9), (c)(6)(ii), (7) introduc- date extended to 7–17–95...... 19364 tory text and (d)(5)(ii) revised; (pp)(2) and (3) redesignated as interim; eff. 1–10–95 through 3– (pp)(3) and (4); (bb) and new 12–95...... 3103 (pp)(2) added; new (pp)(4) (b)(2)(ii) and (c)(2)(ii) amended; amended ...... 19684 (c)(4) introductory text re- vised ...... 6447 646.21 (b)(3) added; interim; eff. 1– Regulations at 59 FR 63929 and 18–95 through 4–18–95 ...... 3563 60 FR 3103 eff. date extended Regulation at 60 FR 3563 eff. to 6–10–95 ...... 13079 date extended to 7–17–95...... 19364 (a) through (f) revised; (i) and (a)(1)(ix) and (k) added...... 19684 (j) added (OMB number pend- 646.22 (b) and (c)(1) amended ...... 19684 ing)...... 19371 646.23 (b)(2) revised; (b)(6) (a)(2), (6)(i), (d)(3)(i), (e), (f) and added...... 19684 (j)(8) revised; (a)(8) added...... 26842 646.25 Revised ...... 19684 (a)(8)(i) and (ii) corrected...... 30157
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50 CFR—Continued 60 FR 50 CFR—Continued 60 FR Page Page Chapter VI—Continued Chapter VI—Continued 651.21 (d)(1)(ii) and (2)(ii)(B) re- Fishery management measures vised; (d)(1)(iii) and (3)(ii)(C) ...... 22303 added; interim; eff. 1–10–95 Temporary regulations ...... 24572 through 3–12–95 ...... 3104 Inseason adjustments...... 37022, 39875, Regulations at 59 FR 63932 and 46538 60 FR 3104 eff. date extended 663.2 Amended ...... 13379 to 6–10–95; (d)(1)(ii)(B), 663.22 (b)(5) removed; (b)(6) redes- (2)(ii)(B) and (3)(ii)(C) revised; ignated as (b)(5); (a), (b)(2), (3), (d)(1)(iv) added; eff. 3–13–95 (4), new (5) and (c) re- through 6–10–95 ...... 13079 vised...... 13379 Revised (OMB number pending) 663.23 (b)(2)(i) through (iv) ...... 19376 stayed; (b)(2)(v) added; eff. 2– 651.22 (c)(1)(i)(B) and (d)(1)(i)(C) 17–95 through 9–1–95 ...... 10040 revised ...... 6447 (b)(2) revised...... 34473 Regulation at 59 FR 63932 eff. 663.41 (c)(4) added; eff. 1–27–95 date extended to 6–10–95...... 13079 through 5–2–95 ...... 6040 (c), (d) and (e) revised ...... 19377 669.2 Amended ...... 35341 (b)(3)(iii) revised; (b)(3)(iv) re- 670 Added ...... 58222 designated as (b)(3)(v); new 671 Technical correction...... 47312 (b)(3)(iv) added...... 35518 671.2 Amended ...... 40771 651.23 (c) revised...... 6448, 19378 671.3 Added ...... 40771 651.27 Regulation at 59 FR 63933 671.4 Revised; eff. 1–1–96 through eff. date extended to 6–10– 12–31–98...... 40771 95...... 13079 672 Temporary regulations ....2905, 5337, Revised...... 19378 5338, 7136, 7917, 11915, 13079, 14390, 651.32 Regulation at 59 FR 63933 15072, 15521, 16587, 17465, 20658, 24800, eff. date extended to 6–10– 25623, 26694, 27425, 30199, 30200, 33149, 95...... 13079 35711, 35870, 36236, 37600, 37601, 38519, Revised...... 19378 38765, 46067, 48053, 50503, 50504, 51934, (b)(4) and (5) revised...... 55207 51935, 52128, 52632, 53714, 53881, 54200, (a)(1)(ii) revised ...... 55210 54818, 56255, 61213 651 Figure 1 and 3 revised; Figure Fishery management measures 4 corrected; Figure 5 re- ...... 7288, 20916, 35146 moved ...... 19379 Specifications and fishery man- Figure 5 added ...... 26844 agement measures ...... 8470, 61492 Figures 6 and 7 added ...... 35519 Recordkeeping and reporting re- Figure 4 amended ...... 55210 quirements...... 8478 Figure 8 added ...... 55211 Nomenclature change...... 20249 652 Temporary regulations ...... 62226 Inseason adjustments ...... 46067 Harvest quotas ...... 25853 672.2 Amended ...... 40306, 63657 653.2 Amended ...... 35341 672.3 (f) added; eff. 9–11–95 through 654 Revised ...... 13919 12–31–98...... 40771 654.6 (a) corrected ...... 20916 Regulation at 60 FR 40771 eff. 655 Specifications...... 17464 date corrected to 9–11–95 658.25 Corrected ...... 5461 through 12–31–98...... 47312 658.29 Added ...... 66928 672.4 (a) and (b)(1) introductory 661 Temporary regulations ...... 21746, text revised; (k) added; eff. 1– 37045, 37850, 42469, 43564, 47493, 48673 1–96 through 12–31–98 ...... 40771 Inseason adjustments...... 32277, 40302, 672.7 (l)(2)(i) revised ...... 40306 43984, 47493 (h) heading and (2) revised ...... 63657 Technical correction ...... 39991 (a)(2)(v) heading, (c)(1)(i) head- 662 Harvest quotas...... 40303 ing, (ii) heading, (2)(i) heading 663 Temporary regulations ...... 58527 and (ii) heading revised ...... 63657 Specifications ...... 2331 672.20 (f)(1)(ii) and (3)(ii) re- Restrictions ...... 16811, 38519 vised...... 12151
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50 CFR—Continued 60 FR 50 CFR—Continued 60 FR Page Page Chapter VI—Continued Chapter VI—Continued Regulation at 60 FR 12151 eff. (a)(8) amended; (h) revised; 3–15–95...... 14912 Table 1 added ...... 40307 (d)(1)(i), (ii), (2), (5)(i) and Table corrected ...... 43494 (iv)(A)(3) amended ...... 20249 (a)(2)(iii) heading, (3)(i) heading, (i)(3) table and Table 1 amended (ii) heading and (iii) heading ...... 24801 revised...... 63658 Corrected...... 29505 675.21 (b)(1)(iii)(B)(2) revised ...... 8488 Table corrected ...... 36237 (b)(2)(ii)(B), (C), (3)(ii) and (iii) (c)(2)(i) and (ii) amended; (g) re- redesignated as (b)(2)(ii)(D), vised; Table 2 added ...... 40306 (E), (3)(ii)(A) and (B); new Table 2 corrected ...... 43494 (b)(2)(ii)(B), new (C), (3)(ii) 672.23 (c) removed; (d), (e) and (f) heading and new (3)(iii) added; redesignated as (c), (d) and new (b)(2)(ii)(E), (4) and (d) re- (e)...... 12152 vised ...... 12151 673 Added; eff. 2–23–95 through 5– Regulation at 60 FR 12151 eff. 30–95 ...... 11056 4–15–95...... 14912 Regulation at 60 FR 11056 eff. (c)(1)(i), (ii), (iii), (2) introduc- date extended from 5–31–95 tory text and (d) revised ...... 40309 through 8–28–95 ...... 28359 675.22 (h) added; interim; eff. 1– Added ...... 42078 20–95 through 4–1–95 ...... 4869 673.2 Corrected ...... 12825 (h) added...... 34905 675 Temporary regulations ....2905, 6974, (g) introductory text revised 8960, 10040, 11915, 12487, 14390, 14912, ...... 40309 15521, 17028, 17653, 19864, 20658, 20916, (i) added...... 61218 22306, 25149, 26694, 26695, 26845, 27425, (g) and (h)(2) revised ...... 63658 30792, 33150, 37602, 39877, 43984, 49348, 675.23 (e)(2) heading revised...... 63658 50138, 52129, 53147, 53881, 54046, 54617, Heading, (b)(1)(i), (vii), (2)(vii), 55212, 55662, 55805, 55806, 56001, 61213, (3)(ii)(B), (e) and (f) heading 64128 revised; introductory text Inseason adjustments...... 57545, 63451 added ...... 63658 Fishery management measures 675.24 (h) added...... 4113 ...... 5762, 50504 675.25 Revised ...... 34905 Specifications and fishery man- (b) revised...... 48055 agement measures...... 13780, 62339 676 Fishery management meas- Responses to comment ...... 16587 ures ...... 5762, 7288, 20916 Nomenclature change...... 20249 676 Interpretation ...... 58528 Apportionment ...... 32278, 47313 Specifications and fishery man- Harvest quotas ...... 66516 agement measures ...8470, 8479, 13780, 675.2 Amended ...... 40307, 63657 61492 675.3 (f) added; eff. 9–11–95 through Specifications ...... 62339 12–31–98...... 40772 Nomenclature change...... 20249 Regulation at 60 FR 40772 eff. 676.1 Added; eff. 9–11–95 through date corrected to 9–11–95 12–31–98...... 40772 through 12–31–98...... 47312 676.2 Added; eff. 9–11–95 through 675.4 (a) and (b)(1) introductory 12–31–98...... 40772 text revised; (k) added; eff. 1– Corrected...... 47312 1–96 through 12–31–98 ...... 40772 676.3 Added; eff. 1–1–96 through 12– 675.7 (m)(2)(i) revised ...... 40307 31–98 ...... 40772 (i) heading, (2) and (j) heading 676.4 Added; eff. 1–1–96 through 12– revised...... 63658 31–98 ...... 40772 675.20 (h)(2) revised...... 8488 676.5 Added; eff. 9–11–95 through (b)(1)(i), (ii), (iii) and (2)(i) 12–31–98...... 40772 amended ...... 20249 676.6 Added; eff. 9–11–95 through (j)(3) table amended ...... 24802 12–31–98...... 40772
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50 CFR—Continued 60 FR 50 CFR—Continued 60 FR Page Page Chapter VI—Continued Chapter VI—Continued 676.6 Regulation at 60 FR 45379 677.10 (a) heading, (1)(ii)(A) confirmed...... 61498 through (F), (b) heading and 676.11 Amended...... 22309 (g) introductory text revised; 676.13 (f)(1) and (2) revised ...... 22309 (a)(1)(i)(C) through (F) redesig- 676.14 (a), (b)(1), (2), (e) and (f) re- nated as (a)(1)(i)(D) through vised...... 22309 (G); new (a)(1)(i)(C) and (2)(iii) 676.16 (d) revised; interim...... 45379 added...... 66758 676.17 (a)(1) through (4) redesig- 677.11 (a)(4) revised ...... 66758 nated as (a)(6) through (9); new 677 Figure 1 revised ...... 2346 (a)(1) through (4), (5) and (c) Figure 1 removed...... 40775 added; (a) introductory text, 678 Temporary regulations ...... 27042, new (9), (b) and (c) re- 49235 vised...... 22309 Inseason adjustments...... 37023 676.20 (d)(3) revised; (e) removed; 678.2 Amended ...... 35341 interim ...... 6450 678.24 (b) revised ...... 21469 (a)(1) and (2) added...... 57546 681 Harvest quotas...... 13380 Regulation at 60 FR 6450 con- 697 Added ...... 58251 firmed...... 61498 676.22 (c)(3)(i) and (ii) added; (i)(3) 1996 revised ...... 22310 50 CFR 61 FR 676.23 (b) revised ...... 12152, 40309 Page 676.24 (i)(3) revised ...... 11917 Chapter VI Interpretation...... 30543 (c), (e) and (h)(3)(i) amended 600 Revised ...... 32540 ...... 20249 600.730 (a) corrected ...... 37225 (j)(4) revised...... 22310 601 Removed...... 32577 676.25 (a), (b), (d)(1), (2), (g) intro- 602 Removed...... 32577 ductory text, (1), (2), (k), (m)(4), 603 Removed...... 32577 (n)(8) and (o) revised; in- 605 Removed...... 32577 terim ...... 6450 611 Specifications and fishery 676.25 Regulation at 60 FR 6450 management measures ...... 279 confirmed...... 61498 Specifications...... 4304, 4311, 18988 677 Specifications...... 53715, 62339 Fishery management measures Specifications and fishery man- ...... 9955 agement measures...... 61492 Authority citation revised ...... 26436 Responses to comment ...... 16587 Removed...... 32577 Technical correction ...... 47312 611.2 Amended ...... 26436 677.2 Amended...... 2345 611.7 (a)(27) and (28) redesignated 677.4 (a) revised ...... 2346 as (a)(29) and (30); new (a)(27) (b) introductory text revised and (28) added...... 26437 ...... 40775 611.14 Revised ...... 26437 677.6 (b)(1)(iii)(A) revised ...... 42471 611.1—611.16 (Subpart A) Appen- 677.6 (d)(3)(ii)(C) removed; (b)(2) dix A amended ...... 26437 and (d)(3)(ii)(D) redesignated 611.50 (b)(3), (4)(i) and (ii) re- as (b)(3) and (d)(3)(ii)(C); new vised...... 14468 (b)(2) added; new (b)(3) heading 619 Removed...... 32577 revised ...... 66757 620 Technical correction ...... 7050 677.7 (e) revised ...... 2346 Removed...... 32577 677.10 (a)(1)(i)(C) revised...... 2346 620.2 Amended ...... 26438 (a)(1)(i)(G) and (H) added; (c)(3) 620.7 (i) added; eff. 1–26–96 through revised; interim; eff. 1–20–95 5–1–96; interim...... 3602 through 4–1–95 ...... 4870 (i) revised; (j) and (k) added; in- (c)(3) and (d)(3) revised...... 34906 terim; eff. 3–13–96 through 5– (a)(3) revised...... 42471 1–96 ...... 11165
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50 CFR—Continued 61 FR 50 CFR—Continued 61 FR Page Page (i) revised; (j) and (k) removed; 622.40 (a)(3) revised; (b)(3)(ii), interim; eff. 4–9–96 through 5– (c)(3)(ii) and (d)(2)(ii) added; 1–96 ...... 16401 (d)(2) redesignated as (d)(2)(i); Regulation at 61 FR 16401 eff. eff. in part 10–28–96 ...... 43959 date extended to 7–23–96...... 20175 622.41 (e) added...... 43959 (i) through (l) added...... 26438 (f) added...... 65484 (i) removed; (m) added; eff. 5– 622.42 (a)(1) revised ...... 48643 29–96 through 7–23–96...... 27795 622.44 (e) added...... 48415 (m) removed ...... 33695 (a) revised...... 48851 620.10 Added ...... 26439 (f) added...... 65484 621 Removed...... 32577 622.45 (f)(1) through (4) added; eff. 622 Added; interim...... 34934 in part 10–28–96...... 43960 Temporary regulations ...... 44184, 52715 (g) added; eff. 11–1–96...... 47449 Regulation at 61 FR 34934 con- 622.48 (g) added ...... 43960 firmed...... 47821 625 Quotas ...292, 10285, 10286, 11344, 15199 622.1 Table 1 amended ...... 43956, 65483 Removed...... 35011 622.2 Amended ...... 43956, 65483 625.20 (a) introductory text re- Amended; eff. 10–9–96 ...... 47448 vised...... 292 622.4 (a)(4) and (d) amended; eff. 625.25 (a) amended...... 32712 in part 8–27–96 ...... 43956 625.31—625.39 (Subpart C) Added; (a)(2)(viii) added; (a)(4) amend- interim; eff. 3–22–96 through 6– ed; eff. 11–1–96 ...... 47448 25–96 ...... 13453 (a)(2)(ix) and (p) added ...... 48414 Regulation at 61 FR 13453 eff. date extended through 9–23–96 622.5 (a)(1)(v), (2)(ii) and (c)(6) ...... 33382 added; (a)(2) redesignated as (a)(2)(i); (a)(2) heading revised; 625.53—625.54 (Subpart D) Added; eff. 10–28–96 ...... 43956 interim; eff. 3–22–96 through 6– 25–96 ...... 13454 (c)(7) added; eff. 11–1–96 ...... 47448 Regulation at 61 FR 13454 eff. 622.6 (a)(1)(i) introductory text, date extended through 9–23–96 (b)(1)(ii), (2)(ii), (c) and (d) ...... 33382 amended; eff. 10–28–96...... 43957 630 Temporary regulations ...... 35971, 622.7 (a), (b) and (c) revised; (w) 37842 through (z) added; eff. in part 630.5 (a)(1) revised...... 27307 10–28–96...... 43957 630.7 (q) revised...... 27307 (i)(5) amended...... 48415 (aa) added ...... 64487 622.8 Added ...... 43957 630.20 Revised ...... 27307 622.16 Stayed ...... 48415 630.23 (b) removed; (c) and (d) re- 622.17 Added ...... 43957 designated as new (b) and (c); (a), (g), (i) and (j) added; eff. 10– (a) and new (b) amended ...... 27307 28–96...... 43959 630.24 (b)(1), (d)(4) and (e) revised; 622.32 (b)(4)(v) and (vi) added ...... 43959 (b)(2) redesignated as (b)(4); 622.33 (a), (b) introductory text new (b)(2) and (3) added...... 27307 and (3) revised...... 64486 630.25 (b) amended...... 27308 (c) added ...... 65483 Corrected...... 34746 622.34 (l) added; eff. 10–16–96 ...... 48642 630.323 (a)(2)(ii) corrected ...... 37843 622.35 (f) added ...... 43959 638 Removed; interim ...... 34964 (g) added; eff. 10–9–96...... 47449 641 Temporary regulations ...... 14683 622.37 (g) added ...... 65483 Removed; interim...... 34964 622.38 (f) added ...... 43959 641.1 Regulation at 60 FR 61206 (g) added ...... 65483 eff. date delayed ...... 7753 622.39 (e) added...... 65483 Regulations at 60 FR 61206 and (b)(1)(i) revised; (b)(1)(v) added 61 FR 7753 eff. date correctly ...... 65985 delayed to 5–29–96 ...... 25833
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50 CFR—Continued 61 FR 50 CFR—Continued 61 FR Page Page 641.4 Regulations at 60 FR 61207 (a)(6) added; (b) revised ...... 43424 and 64354 eff. date de- (a)(1) introductory text revised layed...... 7753 ...... 49277 Regulations at 60 FR 61207 and (a)(6)(i)(A)(3) added...... 56126 61 FR 7753 eff. date correctly (a)(7) added; (b) revised ...... 58464 delayed to 5–29–96 ...... 25833 648.5 (a) amended ...... 43425 641.5 Regulation at 60 FR 61207 (a) revised...... 58465 eff. date delayed ...... 7753 648.6 (a) revised...... 43425, 58465 Regulations at 60 FR 61207 and 648.7 (a)(1)(i), (2)(i), (b)(1)(i) and 61 FR 7753 eff. date correctly (iii) amended; (f)(3) re- delayed to 5–29–96 ...... 25833 vised...... 43425 641.7 (nn) through (qq) added; in- (a)(1)(i), (b)(1)(i) and (iii) amend- terim ...... 19 ed; (a)(2)(i) and (f)(3) revised Regulations at 60 FR 61207 and ...... 58465 64354 eff. date delayed; (nn), 648.11 (a) amended; (e) introduc- (oo) and (pp) revised; eff. 2– tory text, (1) and (2) re- 23–96 through 5–29–96; (qq) re- vised...... 43425 moved ...... 7754 (a) amended; (e) revised ...... 58465 Regulations at 60 FR 61207 and 648.12 Introductory text re- 61 FR 7754 eff. date correctly vised...... 43425 delayed to 5–29–96 ...... 25833 Revised...... 58466 641.10 Regulation at 60 FR 61207 648.14 (a)(78), (k) and (l) eff. 7–1– eff. date delayed ...... 7754 96 through 9–29–96 ...... 34967 Regulations at 60 FR 61207 and (t) redesignated as (u); new (t) 61 FR 7754 eff. date correctly added ...... 39910 delayed to 5–29–96 ...... 25833 (k) and (l) revised; (t) redesig- 641.24 Regulation at 60 FR 61209 nated as (u); (a)(80) through eff. date delayed ...... 7754 (88) and (u)(6) added ...... 43426 Regulations at 60 FR 61209 and (t) reinstated ...... 53866 61 FR 7754 eff. date correctly (a)(43) revised ...... 54106 delayed to 5–29–96 ...... 25833 (a)(52) revised; (a)(89) added ...... 55776 641.31 Added; interim ...... 19 (k)(12) added ...... 56126 Revised; eff. 2–23–96 through 5– (a)(8) revised; (u) redesignated 29–96 ...... 7754 as (w); (a)(90) through (95), 641.32 Added; interim ...... 19 new (u), (v) and (w)(7) added Revised; eff. 2–23–96 through 5– ...... 58466 29–96 ...... 7754 corrected ...... 53866 641.33 Added; interim ...... 20 648.51 (f) revised...... 38405 Revised; eff. 2–23–96 through 5– 648.73 (a)(1), (2) and (3) cor- 29–96 ...... 7754 rected...... 60154 641.34 Added; interim ...... 20 648.80 (a)(4)(i)(A) and (b)(2)(iii) re- Removed ...... 7754 vised; (b)(5) added ...... 54106 642 Temporary regulations ....2728, 6175, (a)(8) revised...... 55777 7078, 11345 (a)(8)(i) revised ...... 68165 Removed; interim...... 34964 648.81 (d) and (g)(1) revised; (i) 645 Removed; interim ...... 34964 added...... 55777 646 Removed; interim ...... 34964 648.83 (b)(3) added...... 49277 647 Removed; interim ...... 34964 648.87 (b)(1) revised; (b)(2) amend- 648 Added ...... 34968 ed ...... 47828 Temporary regulations ...... 35142, 60044 (b)(1) revised...... 55777 Quotas...38403, 52384, 52715, 54578, 54579, 648.88 (d) added ...... 39910 56902, 64999, 67497, 68164 648.123 (b)(3) added ...... 56126 648.1 (a) revised...... 43424 648.120—648.126 (Subpart H) Re- 648.2 Amended ...... 39910, 43424, 49277, vised...... 43426 56126, 58464 648.124—648.125 (Subpart H) Eff. 7– 648.4 (a)(1)(ii) revised ...... 39910 1–96 through 9–29–96 ...... 34967
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50 CFR—Continued 61 FR 50 CFR—Continued 61 FR Page Page 648.140—648.146 (Subpart I) Removed...... 35011 Added ...... 58467 655 Figure 1 added ...... 14477 649.2 Amended; interim; eff. 4–1– 656 Removed...... 29321 96 through 6–25–96 ...... 13456 657 Removed...... 35011 649.8 (c)(11) and (12) added; in- 658 Temporary regulations ...... 24728 terim; eff. 4–1–96 through 6–25– Removed; interim...... 34964 96...... 13456 659 Removed; interim ...... 34964 (a)(4) revised...... 16883 660 Added ...... 34572 649.23 Added; interim; eff. 4–1–96 Temporary regulations .....35143, 40156, through 6–25–96 ...... 13456 40157, 44185, 48072, 48852, 50255 649 Figures 4, 5 and 6 added; in- 660 Temporary regulations ...... 51670, terim; eff. 4–1–96 through 6–25– 56902 96...... 13458 Restrictions ....35144, 47089, 48643, 56902 650 Removed...... 35011 Technical correction ...... 36662 650.21 (c) revised...... 8492 Inseason adjustments...... 41988, 43472, (c) correctly revised ...... 15733 48852 651 Notice of availability ...... 26487 660.306 (j) and (k) corrected ...... 48643 Removed...... 35011 660.323 (a)(2)(ii) corrected ...... 37843 651.2 Amended ...... 27731 (a)(4)(i) corrected...... 48643 651.4 (a), (b), (c), (e), (f), (h)(1)(ii), 660.324 Corrected ...... 48643 (iii) and (q) revised ...... 27732 660.404 OMB number pending ...... 34600 651.9 Revised ...... 27734 660.408 OMB number pending ...... 34601 651.10 Revised ...... 27737 661 Inseason adjustments...... 8497, 26125 651.20 (a)(2), (3)(i)(B), (4)(i)(E), (5), Temporary regulations ...... 31873 (6)(iii)(C), (7), (8) introductory Removed...... 34611 text, (i), (iii)(B), (c)(1), (2), 661 Appendix amended ...... 20187 (3)(ii), (5), (d), (e)(2), (f)(2), 662 Quotas ...... 48853 (g)(1), (2), (i), (j) introductory 663 Specifications and fishery text and (7) revised; (a)(9) management measures ...... 279 added...... 27737 Specifications ...... 18988 651.21 (a)(2)(i), (b)(2)(i), (c)(2)(i), Restrictions ...... 21102 (d) and (e) introductory text Temporary regulations...... 28796 revised; (f), (g) and (h) Removed...... 34611 added...... 27740 663.2 Amended ...... 28794 651.22 Revised ...... 27741 663.7 (n) and (o) revised...... 28794 651.23 (a) introductory text, (d) 663.23 (c)(1)(i)(G), (H), (I) and and (e) revised...... 27743 (ii)(A) revised; (c)(1)(i)(J), (K) 651.27 Revised ...... 27743 and (L) added; (c)(2) removed; 651.28 Heading and (b) revised; (a) (c)(3) redesignated as amended; (c) removed ...... 27743 (c)(2)...... 14477 651.29 Revised ...... 27743 (b)(2)(i)(A), (B), (ii), (iv) and 651.31 (d) added ...... 27745 (3)(i) revised...... 16402 651.32 (a)(1)(ii)(B) revised; (b)(1) and (4)(i) through (iv) re- (a)(1)(iv) added ...... 8494 vised ...... 28794 Revised...... 27745 663.24 Added ...... 28795 651.33 Revised ...... 27745 663 Appendix amended ...... 28796 651.34 Added ...... 27746 669 Removed; interim ...... 34964 651.40 Revised ...... 27746 670 Removed; interim ...... 34964 651 Figure 9 added...... 8495 671 Removed...... 31230 Figures 1, 3 and 4 revised; Fig- 672 Temporary regulations ....2457, 3332, ure 5 removed ...... 27747 3333, 3602, 4594, 8888, 9956, 10286, 10901, 652 Quotas ...... 293 11589, 11590, 13462, 17256, 21104, 24730, Removed...... 35011 27312, 28069, 28070 653 Removed; interim ...... 34964 Specifications ...... 4304 655 Specifications ...... 8496 Fishery management measures Revised...... 14468 ...... 9955
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50 CFR—Continued 61 FR 50 CFR—Continued 61 FR Page Page Removed...... 31230 675.20 (a)(1), (c)(1), (i)(2) and (j)(4) 672.1 (a) revised ...... 5611 revised; (a)(12) heading, (d) 672.2 Revised ...... 5611 heading, (j)(1) heading, (2) 672.3 (a) and (c) revised ...... 5614 heading and (3) heading; (h)(1) 672.4 Revised ...... 5614 and (3) amended...... 5642 672.5 Revised ...... 5615 675.21 (a)(1) heading through (6) 672.7 (i) and (j) revised; (p) and heading and (b)(4) heading (q) added ...... 5622 added ...... 5642 672.20 (a)(1), (c)(1) heading, (2)(i) 675.22 (a) revised; (b) heading heading, (ii) heading, (e)(1), through (f) heading added ...... 5642 (h)(2), (i)(4) and (j) revised; 675.23 (a) and (d) revised; (b) head- (c)(1)(i)(A) heading, (i)(1) head- ing and (c) heading added ...... 5642 ing, (2) heading, (3) heading and 675.24 (e) removed; (f), (g) and (h) (6) heading added; (g)(1) and redesignated as (e), (f) and (g); (3) amended...... 5622 (a)(4), (c)(1) heading, (2) head- (h)(2) revised...... 24729 ing, (3) heading, (d)(1) heading, (a)(2)(iv), (c)(2)(i) and (ii) re- (2) heading, new (f)(2) heading vised; (a)(2)(v)(A) amended ...... 27311 and new (3) heading added; (b), (c)(1) amended ...... 27312 new (e) and new (f) heading 672.22 (d) removed...... 5623 and new (4) revised...... 5642 672.23 Revised ...... 5623 675.25 (b) heading revised; in- (e) revised ...... 27312 terim ...... 20 672.24 (a) heading, (b) heading, (d) 675.27 (a)(1) heading, (2) heading, heading, (1), (2), (e), (f)(4) and (c)(1) heading, (2) heading, (5) revised; (d)(3) and (4) redes- (e)(2) heading, (f)(1) heading, ignated as (d)(4) and (5); (c)(4) (2) heading and (3) heading heading, new (d)(3), new (4) added; Table removed; (d)(2) in- heading, new (5) heading, (f)(2) troductory text and (g) re- heading and (3) heading vised ...... 5643 added ...... 5623 675 Figures 1, 2 and 3 re- 672 Figures 1 and 2 revised; Fig- moved ...... 5643 ures 3 through 7 and Tables 676 Specifications...... 4304, 4311 1 through 11 added ...... 5624 Fishery management measures Table 3 amended ...... 19976 ...... 9955 673 Removed...... 31230 Temporary regulations...... 10697 675 Specifications ...... 4311 Removed...... 31230 Temporary regulations ...... 6323, 7754, 676.21 (h) added...... 1845 7755, 8497, 8498, 8888, 8889, 9113, 676.22 (a) revised...... 1845 9370, 10286, 10287, 11345, 12041, 676.24 (i)(3) revised ...... 1845 13109, 16883, 17256, 17849, 24730, 677 Removed...... 31230 24905, 25595, 27312, 27796, 28071, 677.4 (b)(1), (c)(1), (2) and (e) re- 28072, 29696, 30544, 31463 vised; interim ...... 13783 Inseason adjustments ...... 6953 677.6 (b)(1) heading, (2) and (d) Removed...... 31230 heading revised; (d)(3)(ii) re- 675.1 (a) revised ...... 5641 moved; (g) added; interim...... 13783 675.2 Revised ...... 5641 678 Temporary regulations ...... 21978, 675.3 Revised ...... 5641 43185 675.4 Revised ...... 5641 Quotas ...... 39099 675.5 Revised ...... 5641 679 Added ...... 31230 675.7 (a), (l) and (m) revised; (q) 679 Fishery management meas- and (r) added...... 5641 ures ...... 51374 (m) correctly revised ...... 11166
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50 CFR—Continued 61 FR 50 CFR—Continued 61 FR Page Page Temporary regulations .....33046, 33386, (b)(1), (f)(14), (g)(5), (6) and (7) 33387, 34377, 36306, 37225, 37226, removed; (b)(2), (3), (4), (f)(15), 37403, 37404, 37700, 38656, 40158, (16), (g)(3), (4), (8) and (9) re- 40353, 40748, 41024, 41363, 41523, designated as (b)(1), (2), (3), 45367, 46399, 46570, 47090, 48074, (f)(14), (15) and (g)(4) through 48415, 49696, 50256, 50458, 51789, (7); (a)(3), (g)(2) and new (7) re- 52385, 52716, 53153, 53154, 53679, vised; (g)(3) added ...... 56431 (c)(1) removed; (c)(2), (3) and (4) 54580, 54677, 54953, 55119, 56150, redesignated as (c)(1), (2) and 57340, 57341, 57781, 58491, 64298, (3) ...... 65987 64487, 65989, 68672, 69050 679.20 (a)(5)(i)(A) revised ...... 39602 Recordkeeping and reporting re- (a)(7) revised...... 59030 quirements ...... 52385 679.21 (b)(1) revised ...... 35579 Inseason adjustments...... 39100, 48073, (b)(2)(ii) and (c)(1) revised...... 38359 54580, 57780 (c)(3) revised ...... 56431 Nomenclature change...... 56438 (e)(1)(i), (6), (7)(ii) and (iii) re- Figure 4 and Tables 3 and 9 cor- vised; (e)(7)(vi)(A) heading and rected ...... 40481 (1) removed; (e)(3)(ii)(B) and Technical correction...... 41684, 57002, (7)(vi)(A)(2) redesignated as 64569, 65989 (e)(3)(ii)(C) and (7)(vi)(A); new (e)(3)(ii)(B) added...... 65987 Reallocation...... 49418 679.22 (a)(1), (2) and (3) revised; Specifications and fishery man- (a)(9) and (10) added ...... 65988 agement measures...... 60044 679.23 (e)(4)(i) and (f) revised...... 35579 Specifications ...... 64299 (e)(2) revised; (e)(3) and (4)(iii) 679.1 (h) revised...... 38103 removed; (e)(4) redesignated (f) revised ...... 56429 as (e)(3) ...... 39602 679.2 Amended ...... 33384, 35578, 38104, 679.24 Introductory text re- 38359, 49981, 56429, 65987 vised...... 35579 679.3 (a) and (c) revised ...... 35578 (b)(1)(iii) and (c)(4) revised...... 49077 679.4 (d)(1) introductory text and 679.26 Added ...... 38359 (f)(1)(i) revised ...... 35578 679.30 (b)(1)(ii) revised...... 35579 (d)(2)(iv) amended...... 41745 (d)(6)(ii) revised ...... 41525 679.32 (e)(1)(vi) correctly re- (g) removed; (f)(1)(i), (ii) and moved ...... 37843 (2)(ii) revised ...... 56430 (e)(1) heading and (2) removed; 679.5 (l) introductory text re- (e)(1)(i) through (vi) and vised...... 35578 (iii)(A) through (D) redesig- (l)(1)(i) introductory text, nated as (e)(1) through (6) and (ii)(B), (2)(i), (iii) and (v) re- (3)(i) through (iv); (e) intro- vised; (l)(1)(i)(C) added...... 41525 ductory text and new (6) re- (a)(1)(i), (h)(2)(i)(B), (ii)(D), vised ...... 41745 (l)(2)(ii)(A), (iii)(A) and (C) re- 679.40 (a)(5)(ii) revised...... 33385, 43314 vised; (a)(1)(iii) added; Introductory text revised ...... 35579 (h)(2)(i)(C) removed ...... 49981 (c)(3) revised; (g) added ...... 41525 (a)(2) revised...... 56431 679.41 (g) and (h) revised ...... 33385 (b)(1), (d)(4), (5) introductory 679.7 (f)(13) revised; (f)(16) text, (g)(1), (2) and (h) revised; added...... 33385 (k) added...... 41526 (a)(6)(i), (b)(3), (f)(4) and (11)(i) (e)(2) revised; (e)(3) added ...... 67964 revised...... 35578 679.42 (a), (i), (j) introductory (h) added...... 38104 text, (1) and (4) revised; (k) (a)(12) added...... 38359 added...... 33385 (b)(2) removed...... 41525 (a) revised...... 43314
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50 CFR—Continued 61 FR 50 CFR—Continued 61 FR Page Page 679.50 (Subpart E) Revised ...... 56431 681.27 Redesignated as 681.25; new (f)(1)(iii)(B)(1) and (2)(iii)(B)(1) 681.27 redesignated from revised...... 63761 681.29 ...... 35151 (c)(1)(viii) and (ix) added...... 65989 681.28 Redesignated as 681.26; new 679.51 (a)(2)(v) revised ...... 49981 681.28 redesignated from 681.30; 679.52 (e)(3) introductory text, (i), (b) and (c) removed; (d), (e) and (ii), (iii), (4), (5), (6) introduc- (f) redesignated as (b), (c) and tory text, (i), (ii) and (iii) redes- (d); (a)(8) and new (c) re- ignated as (e)(2)(iii) introduc- vised...... 35151 tory text, (A), (B), (C), (iv), (v), 681.29 Redesignated as 681.27; new (vi) introductory text, (A), (B) 681.29 redesignated from 681.31; and (C) ...... 49981 heading, (a) and (b) revised; (c) 679.60—679.65 (Subpart F) Re- removed; (d) redesignated as vised...... 38104 (c)...... 35151 679.62 (d) revised ...... 65989 681.30 Redesignated as 681.28; new 679 Table 7 amended...... 41745 681.30 redesignated from 681.32 680 Removed...... 34611 and revised ...... 35151 681 Quotas...... 6577 681.31 Redesignated as 681.29 ...... 35151 Removed...... 34611 681.32 Redesignated as 681.30 ...... 35151 681.2 Amended ...... 35150 683 Removed...... 34611 681.4 (b)(2), (d) and (f) revised; (g) 683.2 Amended...... 8891 removed; (h) through (l) redes- 683.4 (d) added ...... 8891 ignated as (g) through 683.6 (i) and (j) amended; (f) (k) ...... 35150 through (k) redesignated as (g) 681.5 (b) and (d) removed; (c) and through (l); new (f), (m) and (e) redesignated as (b) and (c); (n) added ...... 8891 (a) and new (b) revised ...... 35150 683.9 Redesignated as 683.10; new 681.7 (a)(5), (b)(2), (3) and (4) re- 683.9 added...... 8891 moved; (b)(5) through (14) re- designated as (b)(2) through 683.10 Redesignated as 683.11; new (14); (b)(1)(i) through (v) and 683.10 redesignated from new (b)(6), (7), (9) and (11) re- 683.9 ...... 8991 vised...... 35150 683.11 Redesignated from 681.10 Revised ...... 35150 683.10...... 8891 681.11 (a) introductory text re- 683.29 (a) amended ...... 8891 vised...... 35150 685 Removed...... 34611 681.12 Added ...... 35150 695 Removed...... 35579 681.21 Removed; new 681.21 redes- 697 Revised ...... 29321 ignated from 681.23...... 35151 697.6 (a) stayed...... 34746 681.22 Removed; new 681.22 redes- ignated from 681.24...... 35151 1997 681.23 Redesignated as 681.21; new 681.23 redesignated from (Regulations published from January 1, 681.25 ...... 35151 1997, through October 1, 1997) 681.24 Redesignated as 681.22; new 50 CFR 62 FR 681.24 redesignated from Page 681.26 ...... 35151 Chapter VI Policy statement ...... 8178, 681.25 Redesignated as 681.23; new 44421 681.25 redesignated from 681.27; 600 Specifications and fishery (b) and (g)(1) amended ...... 35151 management measures ...... 700 681.26 Redesignated as 681.24; new Technical correction ...... 3335, 18300 681.26 redesignated from 681.28; Authority citation revised ...... 23669 (a) introductory text, (b)(1) and 600.10 Amended...... 14646 (3) amended ...... 35151
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50 CFR—Continued 62 FR 50 CFR—Continued 62 FR Page Page 600.215 Introductory text re- Technical correction...... 11953, 13733 moved; (a) through (g), (c)(1) Nomenclature change...... 14651 through (6), (f)(1), (2), and (g)(1) Temporary regulations ...... 36738, 38039 through (6) redesignated as 648.1 (a) revised...... 13299 (a)(1) through (7), new (a)(3)(i) 648.2 Amended .....2620, 9379, 10748, 13299, through (vi), new (a)(6)(i) and 14646 (ii) and new (a)(7)(i) through Amended; interim...... 15385 (vi); new (a) introductory text Regulation at 62 FR 15385 con- and new (b) added ...... 47586 firmed; amended...... 49148 600.508 (f) revised ...... 27183 Corrected...... 51381 (f)(2)(i)(D) revised ...... 34397 648.4 Heading, (a) introductory 600.750—600.760 (Subpart I) text, (c) introductory text, (1), Added ...... 23669 (2) introductory text, (i), (f), 622 Temporary regulations .....689, 1402, (j), (k) and (l) revised; (a)(8) 3808, 9718, 14651, 42417 and (c)(3) added; (b) amend- Technical correction ...... 46680 ed ...... 13299 622.2 Amended ...... 18539 (a)(1)(i)(E)(2), (6)(i)(B)(1), 622.4 (a)(2)(i), (v), (g) and (p)(3)(i) (c)(2)(ii)(A) and (B) revised amended; (m) and (n) re- ...... 14646 vised...... 13986 (c)(2)(iii) revised; interim ...... 15386 622.31 (a) amended; (c) re- (b) revised...... 27984 vised...... 13987 (a)(5)(ii), (iii) and (iv) redesig- 622.32 (b)(2)(iii) revised ...... 13988 nated as (a)(5)(iii), (iv) and (v); 622.34 (l) revised...... 46679 (a)(5) introductory text, (i)(A), (i)(1) Amended ...... 47767 new (iii) and new (iv) revised; 622.37 (d)(4) amended...... 13988 new (a)(5)(ii) added ...... 28642 (d)(1) revised,; (d)(6) added; eff. Regulation at 62 FR 15386 con- 9–14–97 to 3–10–98 ...... 47766 firmed...... 49148 622.39 (c)(1)(ii) revised...... 23674 (c)(2)(3)(B) corrected...... 51381 622.40 (a)(2) revised ...... 13988 648.7 (f)(2) revised ...... 14646 622.41 (g) added ...... 18539 648.9 (e) revised...... 14646 622.42 (a)(3) revised ...... 13988 648.10 (a) table amended; (e) re- (c)(1)(ii) and (2) revised ...... 23674 moved; (f) redesignated as (e); (a) introductory text removed; (b) introductory text, (1), (c)(1), (a)(1) and (2) revised; eff. in (2), (3), (5) and new (e) introduc- part 10–6–97 ...... 46679 tory text revised; new (f) 622.43 (b)(1) amended...... 13988 added...... 14647 (a)(1) revised; eff. 10–6–97...... 46679 (c)(3) and (f) revised; interim 622.44 (a)(2)(i)(A), (B), (ii)(B)(1), ...... 15386 (2), (b)(1)(ii)(A), (B), (C) and (2) Regulation at 62 FR 15386 con- revised ...... 23674 firmed...... 49148 622.48 (d)(1) revised ...... 13988 (f)(2) correctly revised ...... 51381 (h) added...... 18539 648.12 (a), (b) and (c) added ...... 37156 622 Appendix A amended ...... 13988 648.13 (a) revised ...... 28642 Appendix D added ...... 18539 648.14 (a)(96) added; eff. 2–13–97 628 Removed...... 13301 through 7–15–98 ...... 1831 630 Quota...... 13350 (a)(89) revised; (c)(11) added...... 9379 Temporary regulations ...... 26427, 50257 (a)(97), (98) and (99) added...... 10748 630.7 Regulation at 61 FR 64487 (w) redesignated as (x); new (w) eff. date corrected to 12–1–96 added ...... 13300 through 5–29–97 ...... 30776 (a)(19), (37), (40), (43), (48), (50), (aa) added ...... 30776 (57) introductory text, (i), (86), 640 Rescission...... 14352 (96), (c)(6), (7), (d)(3), (h)(1), (9), 648 Quotas...... 4021, 11108, 34016, 37741, (i)(1) and (x)(1)(iii) revised; 43127, 43674, 44424, 47767, 50525 (a)(100) and (d)(4) added; (c)(10) Specifications ...... 10478 and (r) removed ...... 14647
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50 CFR—Continued 62 FR 50 CFR—Continued 62 FR Page Page (a)(43), (b), (c)(1) and (7) revised; (a)(2)(iii), (3)(i), (b)(2)(iii) and (5) (c) (11) through (19) added; in- revised; (a)(11), (12), (13) and terim ...... 15386 (b)(6), (7) and (8) added; in- (a)(89) revised ...... 15428 terim ...... 15387 (a)(96) reinstated; (a)(101) cor- Regulation at 62 FR 15387 con- rectly added...... 18300 firmed; (a)(2)(iii), (11), (a)(89) through (101) redesig- (b)(2)(iii) and (8) revised...... 49148 nated as (a)(90) through (102); 648.81 (f)(2)(ii) revised...... 9379 new (a)(89) added...... 27984 (j) through (m) added...... 10748 (p)(2) through (8) redesignated (e) introductory text removed; as (p)(3) through (9); (a)(75) interim ...... 15388 and new (p)(6) revised; new Regulation at 62 FR 15388 con- (p)(2) added ...... 28642 firmed...... 49148 (a)(103) added; (c)(1), (11), (12), 648.82 (b)(1)(i), (2)(i), (5)(i) and (13), (15), (18) and (19) revised (7)(i) revised; (j) added ...... 2620 ...... 37156 (b)(1)(ii), (2)(ii), (4)(i) introduc- Regulation at 62 FR 15386 con- tory text, (ii), (6)(i), (d)(2)(i) firmed; (c)(9) revised; (c)(11) introductory text and (g) re- correctly designated as (c)(10); vised ...... 14650 (c)(20) and (21) added ...... 49148 (g) revised; (j) added; interim 648.15 (c) added...... 14648 ...... 15388 648.20 (b), (c) and (d) revised ...... 8637 (j) redesignated as (k); new 648.21 (c)(5) revised ...... 8637 (k)(1)(i) and (iv) revised ...... 37156 648.22 (a) and (c) revised ...... 8637 Regulation at 62 FR 15388 con- 648.23 (b)(3)(ii) and (4) re- firmed...... 49148 vised...... 14648 (g), (h), (k)(1)(ii) and (iv)(A) re- 648.51 (e) introductory text re- vised ...... 49149 vised...... 14648 648.86 (a)(2)(iii) revised; (b) re- 648.52 Heading and (a) re- moved; (c) redesignated as vised...... 14648 (b) ...... 14650 (a) revised...... 37156 (a)(1) revised; (c) and (d) added; 648.53 (a) and (b) introductory interim ...... 15389 text revised ...... 14648 (b) and (c) redesignated as (c) (e) revised; interim ...... 15386 and (b); new (b)(1)(i), (ii) intro- Regulation at 62 FR 15386 con- ductory text, (iii) and (2) re- firmed...... 49148 vised; (d) removed...... 37157 648.54 (a), (b)(1) and (c) re- Regulation at 62 FR 15389 con- vised...... 14649 firmed...... 49148 (b)(2) revised; (g) added ...... 43470 648.87 Heading, (a), (b) heading 648.55 (d), (e) and (f) redesignated and introductory text re- as (f), (g) and (h); heading and vised ...... 9379 new (f)(3) revised; new (d) and new (e) added...... 1404 Heading, (a) and (b) revised ...... 15428 648.56 Added ...... 1831 648.90 (b)(2) and (3) redesignated 648.73 (a)(1), (2) and (3) re- as (b)(3) and (4); (b) introduc- vised...... 14649 tory text, (1) and new (3)(iii) (a)(2) and (3) revised...... 37156 revised; new (b)(2) added ...... 1405 648.80 (a)(2)(iii) revised; (a)(10) (a)(3) revised...... 14650 added ...... 8404 648.100 (b)(8) revised...... 14650 Introductory text, (2)(iii), 648.103 (a) revised...... 10478 (3)(iii), (5) introductory text, (b) revised...... 37157 (7)(iv) introductory text, (D), 648.105 (a) amended ...... 37157 (b)(2)(iii), (3)(i), (c)(1) and (2)(i) 648.106 Introductory text re- revised...... 14649 vised...... 14651
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50 CFR—Continued 62 FR 50 CFR—Continued 62 FR Page Page 648.120 (b)(1), (c) and (d) revised; (a)(2) introductory text revised; (b)(2) through (8) redesignated (a)(2)(i) through (v) redesig- as (b)(4) through (10); new nated as (a)(2)(ii) through (vi); (b)(2), new (3) and (e) new (a)(2)(i) added ...... 34674 added...... 27984 (a)(2) revised...... 45356 648.121 Revised ...... 27985 660.333 (a), (d) and (h)(2)(iii) re- 648.123 (a)(1) revised...... 12107 vised; (c)(1) amended...... 34674 648.144 (b) revised...... 25138 660.334 (a) revised...... 34674 660.335 (a) revised...... 34674 648.160—648.163 (Subpart J) 660.336 Revised ...... 34674 Added ...... 13300 660.410 Heading and (a) revised; 649.2 Amended ...... 10750 (c) added ...... 35451 649.8 (a) introductory text, (b), (c) 660.501—660.513 (Subpart I) introductory text, (1)(iv), (2) Added ...... 19043 and (4) revised; (c)(1)(v) 660.513 Corrected ...... 20066 added ...... 9993 662 Removed...... 19045 (c)(11), (12) and (13) added...... 10750 674 Removed...... 19687 649.23 Added ...... 10750 678 Temporary regulations ...... 16656, 649.24 Added ...... 9993 38942 649.44 (e), (f) and (g) redesignated Quota...... 26428 as (f), (g) and (h); heading and 678.2 Amended ...... 16655 (f)(3) revised; new (e) 678.5 (b)(1)(iv)(A) and (B) amend- added ...... 1405 ed ...... 16655 660 Specifications and fishery 678.7 Revised ...... 16655 management measures ...... 700 678.22 (d) added ...... 16656 Technical correction...... 3335, 4576 678.23 (b) and (c) revised ...... 16656 (b) and (c) redesignated as (b)(1) Inseason adjustment ...... 19937, 43485 and (2); (b) heading, introduc- Fishery management measures tory text and new (c) added ...... 24355, 28108 ...... 27704 Temporary regulations .....24845, 25872, 678.24 (b) revised ...... 16656 32048, 39782 678.29 Added ...... 16656 Heading revised ...... 27524 679 Inseason adjustments ...... 2043, 7948, Harvest guidelines ...... 28376, 33761 8883, 10752, 20129, 26429, 30287, 31010, Restrictions ...29676, 30776, 32543, 36228, 38038 38942, 45357, 46920, 51381 Nomenclature change ...... 2047 Quotas ...... 44425 Specifications and fishery man- 660.12 Amended...... 35449, 47587 agement measures...... 34182 Corrected...... 43294 Temporary regulations ...... 4192, 5781, 660.14 (f)(2) revised ...... 27524 6132, 7168, 8179, 8188, 8406, 8407, 660.42 (a)(4) removed; (a)(5) 8638, 9379, 9718, 9994, 10222, through (8) redesignated as 10479, 11770, 11771, 13351, 13352, (a)(4) through (7); new (a)(8), 14352, 14651, 14652, 16112, 16736, 17568, 18542, 18725, 19061, 19062, (9) through (12) and (b)(5) 19394, 22896, 24058, 25138, 26429, added...... 35449 26992, 27210, 30287, 31367, 32048, 660.48 (a)(7) and (8) added; eff. in 32049, 33375, 36018, 36739—36741, part 1–1–98 ...... 35450 37157, 38039, 38943, 39782, 39783, 660.50 (b)(4) added...... 35450 40309, 40474, 40754, 40755, 43485, 660.61 (a) revised...... 8638 43486, 43954, 46680, 46681, 47768, 660.306 (b) amended; (j), (k), (m), 48497, 48498, 50888 (q) and (r) revised; (u), (v) and Technical correction...... 19659, 26854 (w) added ...... 27521 Authority citation revised ...... 19687 (s) and (t) added ...... 34674 Apportionment...... 31369 660.323 (a)(3)(i), (iv) and (4) re- Reporting and recordkeeping re- vised...... 27522 quirements ...... 37523
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50 CFR—Continued 62 FR 50 CFR—Continued 62 FR Page Page 679.1 (c) and (g) revised ...... 2045 679.7 (b)(1) removed; (b)(2) and (3) (i) added...... 19687 redesignated as (a)(13) and 679.2 Amended....2045, 17752, 17755, 19687, (b) ...... 2046 35111 (a)(14) and (i) added; (b) and Corrected ...... 26428, 38944 (c)(3) removed...... 19690 679.3 (d) revised ...... 2045 679.20 (d)(2) revised...... 2046 (f) added...... 19688 679.4 (c)(3)(iii) and (4)(iii)(A) re- (f)(2) revised...... 11110 vised ...... 2045 (b)(2), (3) heading, (i)(A), (ii)(A) (c)(10)(i) revised; (g) added; eff. and (B) revised; (b)(2)(i) and in part 7–1–97 through 6–30–00 (ii) added ...... 15127 ...... 17752 679.21 (e)(1)(ii) and (6) revised; (b)(4)(i) and (f) revised ...... 17756 (e)(1)(iii) removed; (e)(1)(iv) (h) added...... 19688 through (vii) redesignated as 679.5 (a)(1)(iii), (7)(v)(E), (e)(1)(iii) through (vi)...... 13841 (10)(i)(A), (B), (ii) through (iv), 679.22 (g) added ...... 2046 (h)(2)(ii)(A), (D), (3)(i)(E), 679.23 (e)(2)(ii)(B) and (3)(ii) re- (i)(3)(ii) through (v), (j)(2) and vised ...... 2046 (4)(ii), (iii) and (iv) revised; 679.24 (e) added...... 23183 (h)(2)(i)(C) and (ii)(F) 679.42 (f)(1), (2) and (3) re- added ...... 2045 vised ...... 7948 (a)(2), (5)(iii), (iv), (10)(i)(A), (B), (j) introductory text amended (c)(3)(i) introductory text, (B), ...... 19690 (C), (D), (ii)(A), (D), (iv) head- ing, (v) heading, (d)(2)(i), 679.43 (a) revised ...... 17753 (e)(2)(i) and (f)(2)(i) revised; 679 Table 2 amended ...... 2047 (a)(6)(iii)(H), (8)(ii)(A), (9)(ii), Table 10 revised ...... 11109 (10)(i)(A), (f)(2)(ii)(E), 697 Revised; eff. 10–22–97...... 49455 (g)(3)(iii)(E), (iv), (h)(3)(iv) and (k)(2)(ii)(C) amended; 1997 (c)(3)(iii)(A), (B) and (vi) added ...... 17756 (Correction published Oct. 7, 1997) (a)(1) introductory text revised 50 CFR 62 FR ...... 19690 Page (l)(1)(i)(B) revised; (l)(1)(i)(D) added ...... 26247 Chapter VI (a)(10)(i)(C) correctly removed; 648.14 (a)(89) revised...... 52274 (i)(3)(ii), (iii), (iv), (j)(4)(ii), 648.87 section heading, (a), and (b) (iii) and (iv) corrected...... 26749 revised ...... 52274
Æ
610
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