Permits. Istrative Code, Chapters 1-39

Fishery Conservation and Management § 679.4

of the Salmon FMP. For State of Alas- ment of scallops off Alaska are con- ka regulations governing these fish- tained in Alaska Statutes A.S. 16 and eries, see 5 Alaska Administrative Code Alaska Administrative Code at 5 AAC 09 (Alaska Peninsula), 5 Alaska Admin- Chapter 38. istrative Code 21 (Cook Inlet), and 5 [61 FR 31230, June 19, 1996, as amended at 61 Alaska Administrative Code 24 (Prince FR 35578, July 5, 1996; 62 FR 2045, Jan. 15, William Sound). 1997; 62 FR 19688, Apr. 23, 1997; 63 FR 38502, (5) For State of Alaska statutes and July 17, 1998; 63 FR 47356, Sept. 4, 1998; 69 FR regulations governing commercial fish- 877, Jan. 7, 2004; 70 FR 10232, Mar. 2, 2005] ing, see Alaska Statutes, title 16—Fish and Game; title 5 of the Alaska Admin- § 679.4 Permits. istrative Code, chapters 1-39. (a) Requirements. Only persons who (6) For State of Alaska statutes and are U.S. citizens are authorized to re- regulations governing sport and per- ceive or hold permits under this sec- sonal use salmon fishing other than tion, with the exception that an IFQ subsistence fishing, see Alaska Stat- hired master permit or a CDQ hired utes, title 16—Fish and Game; 5 Alaska master permit need not be held by a Administrative Codes 42.010 through U.S. citizen. 75.995. (1) What permits are available? Various (7) For State of Alaska statutes and types of permits are issued for pro- regulations governing subsistence fish- grams codified at 50 CFR parts 300 and ing, see Alaska Statutes, title 16—Fish 679. These permits are listed in the fol- and Game; 5 Alaska Administrative lowing table. The date of effectiveness Codes 01, 02, 39, and 99.010. for each permit is given along with cer- (g) Scallops. Additional regulations tain reference paragraphs for further governing conservation and manage- information.

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

(i) IFQ: ...... (A) Registered buyer...... Until expiration date shown on Paragraph (d)(3)(ii) of this section permit. (B) Halibut & sablefish permits ...... Specified fishing year ...... Paragraph (d)(1) of this section (C) Halibut & sablefish hired master permits ...... Specified fishing year ...... Paragraph (d)(2) of this section (ii) CDQ Halibut ...... (A) Halibut permit ...... Specified fishing year ...... Paragraph (e) of this section (B) Halibut hired master permit ...... Specified fishing year ...... Paragraph (e) of this section (iii) AFA: (A) Catcher/processor ...... Indefinite ...... Paragraph (l) of this section (B) Catcher vessel ...... Indefinite ...... Paragraph (l) of this section (C)Mothership ...... Indefinite ...... Paragraph (l) of this section (D) Inshore processor ...... Indefinite ...... Paragraph (l) of this section (E) Inshore cooperative ...... Calendar year ...... Paragraph (l) of this section (F) Replacement vessel ...... Indefinite ...... Paragraph (l) of this section (iv) Groundfish: (A) Federal fisheries ...... Until expiration date shown on Paragraph (b) of this section permit. (B) Federal processor...... Until expiration date shown on Paragraph (f) of this section permit. (v) Salmon permit ...... Indefinite ...... Paragraph (h) of this section (vi) High Seas Fishing Compliance Act (HSFCA) ...... 5 years ...... § 300.10 of this title (vii) License Limitation Program (LLP): (A) Groundfish license ...... Specified fishing year or interim Paragraph (k) of this section (active until further notice). (B) Crab license ...... Specified fishing year or interim Paragraph (k) of this section (active until further notice). (C) Scallop license ...... Indefinite ...... Paragraph (g) of this section (viii) Exempted fisheries ...... 1 year or less ...... § 679.6 (ix) Research ...... 1 year or less ...... § 600.745(a) of this chapter (x) Prohibited species donation program: (A) Salmon ...... 3 years ...... § 679.26 (B) Halibut ...... 3 years ...... § 679.26 (xi) Special Subsistence Permits: (A) Community Harvest Permit ...... 1 year ...... § 300.65 of this title (B) Ceremonial or Educational Permit ...... 30 days ...... § 300.65 of this title (xii) Rockfish Program: (A) CQ ...... Specified fishing year ...... § 679.81(e)(4) (B) Rockfish Limited Access Fishery ...... Specified fishing year ...... § 679.81(e)(5)

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

(C) Optout Fishery ...... Specified fishing year ...... § 679.81(e)(6) (D) Rockfish Entry Level Fishery ...... Specified fishing year ...... § 679.81(e)(7) (xiii) Amendment 80 Program: (A) Amendment 80 QS permit ...... Indefinite ...... § 679.90(b). (B) CQ permit ...... Specified fishing year ...... § 679.91(b). (C) Amendment 80 limited access fishery ...... Specified fishing year ...... § 679.91(b). (xiv) Crab Rationalization Program permits see § 680.4 of this chapter ...... § 680.4 of this chapter (A) Crab Quota Share permit ...... Indefinite ...... § 680.4(b) of this chapter (B) Crab Processor Quota Share permit ...... Indefinite ...... § 680.4(c) of this chapter (C) Crab Individual Fishing Quota (IFQ) permit .... Specified fishing year ...... § 680.4(d) of this chapter (D) Crab Individual Processor Quota (IPQ) permit Specified fishing year ...... § 680.4(e) of this chapter (E) Crab IFQ hired master permit ...... Specified fishing year ...... § 680.4(g) of this chapter (F) Registered Crab receiver permit ...... Specified fishing year ...... § 680.4(i) of this chapter (G) Federal crab vessel permit ...... Specified fishing year ...... § 680.4(k) of this chapter (H) Crab harvesting cooperative IFQ permit ...... Specified fishing year ...... § 680.21(b) of this chapter

(2) Permit and logbook required by par- (v) All permits are issued free of ticipant and fishery. For the various charge. types of permits issued, refer to § 679.5 (4) [Reserved] for recordkeeping and reporting re- (5) Alteration. No person may alter, quirements. For subsistence permits, erase, or mutilate any permit, card, or refer to § 300.65 of this title for record- document issued under this section. keeping and reporting requirements. Any such permit, card, or document (3) Permit application. (i) A person that is intentionally altered, erased, or may obtain an application for a new mutilated is invalid. permit or for renewal or revision of an (6) Disclosure. NMFS will maintain a existing permit for any of the permits list of permitted processors that may under this section and must submit be disclosed for public inspection. forms to NMFS as instructed in appli- (7) Sanctions and denials. Procedures cation instructions. With appropriate governing sanctions and denials are software, all permit applications may found at subpart D of 15 CFR part 904. be completed online and printed from Such procedures are required for en- the Alaska Region website at http:// forcement purposes, not administrative alaskafisheries.noaa.gov. purposes. (8) Harvesting privilege. Quota shares, (ii) Upon receipt of an incomplete or permits, or licenses issued pursuant to improperly completed permit applica- this part are neither a right to the re- tion, the Program Administrator, source nor any interest that is subject RAM, will notify the applicant of the to the ‘‘takings’’ provision of the Fifth deficiency in the permit application. If Amendment to the U.S. Constitution. the applicant fails to correct the defi- Rather, such quota shares, permits, or ciency, the permit will not be issued. licenses represent only a harvesting No permit will be issued to an appli- privilege that may be revoked or cant until a complete application is re- amended subject to the requirements of ceived. the Magnuson-Stevens Act and other (iii) The operator, manager, Reg- applicable law. istered Buyer, or Registered Crab Re- (9) Permit surrender. The Regional Ad- ceiver must obtain a separate permit ministrator will recognize the vol- for each applicant, facility, or vessel, untary surrender of a permit issued in as appropriate to each Federal permit this section, § 679.4, if a permit may be in surrendered and it is submitted by the this section (§ 679.4) and retain a copy person named on the permit, owner of of each permit application, whether the record, or agent. Submit the original application is requesting an initial per- permit to Program Administrator, mit or renewing or revising an existing RAM Program, P.O. Box 21668, Juneau, permit. AK 99802, by certified mail or other (iv) The information requested on the method that provides written evidence application must be typed or printed that NMFS Alaska Region received it. legibly. The receiving date of signature by

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NMFS staff is the date the permit was Program Administrator, RAM, will surrendered. issue an amended FFP. (b) Federal fisheries permit (FFP)—(1) (5) Contents of an FFP application. To Groundfish. No vessel of the United obtain a Federal fisheries permit, the States may be used to fish for ground- owner must complete a Federal fish- fish in the GOA or BSAI unless the eries permit application and provide owner first obtains a Federal fisheries the following information for each ves- permit for the vessel, issued under this sel to be permitted: part. A Federal fisheries permit is (i) New or amended application? Indi- issued without charge. cate whether application is for a new (2) Non-groundfish. A vessel of the or amended Federal fisheries permit United States that fishes in the GOA or and if revision, enter the current Fed- BSAI for any non-groundfish species, eral fisheries permit number. including but not limited to halibut, (ii) Owner information. Indicate the crab, salmon, scallops, and herring, and name(s), permanent business mailing that is required to retain any bycatch address, business telephone number, of groundfish under this part must ob- business FAX number, and business e- tain a Federal fisheries permit under mail address of the owner; and if appli- this part. cable, the name of any person or company (other than the owner) that man- (3) Vessel operations categories. An ages the operations of the vessel. FFP authorizes a vessel owner to de- (iii) Vessel information. Indicate the ploy a vessel to conduct operations in vessel name and homeport (city and the GOA or BSAI under the following state); U.S. Coast Guard (USCG) docu- categories: Catcher vessel, catcher/ mentation number; ADF&G vessel reg- processor, mothership, tender vessel, or istration number; ADF&G processor support vessel. A vessel may not be op- code; vessel’s LOA (ft), registered erated in a category other than as length (ft), gross tonnage, net tonnage, specified on the FFP, except that a and shaft horsepower; and whether this catcher vessel, catcher/processor, is a vessel of the United States. mothership, or tender vessel may be (iv) Area and gear information. Indi- operated as a support vessel. cate the type of vessel operation. If (4) Duration—(i) Length of permit effec- catcher/processor or catcher vessel, in- tiveness. An FFP is in effect from the dicate only the gear types used for effective date through the expiration groundfish fishing. If the vessel is a date, unless it is revoked, suspended, catcher/processor under 125 ft (18.3 m) surrendered in accordance with para- LOA that is intended to process GOA graph (a)(9) of this section, or modified inshore pollock or GOA inshore Pacific under § 600.735 or § 600.740 of this chap- cod, mark the box for a GOA inshore ter. processing endorsement. (ii) Surrendered permit. An FFP per- (v) Signature. The owner or agent of mit may be voluntarily surrendered in the owner of the vessel must sign and accordance with paragraph (a)(9) of date the application. If the owner is a this section. An FFP may be reissued company, the agent of the owner must to the permit holder of record in the sign and date the application. same fishing year in which it was sur- (vi) Atka mackerel, pollock, and Pacific rendered. Contact NMFS/RAM by tele- cod directed fisheries. phone, locally at 907–586–7202 (Option (A) Indicate use of pot, hook-and- #2) or toll-free at 800–304–4846 (Option line, or trawl gear in the directed fish- #2). eries for pollock, Atka mackerel, or (iii) Amended permit. An owner or op- Pacific cod. erator, who applied for and received an (B) Selections for species endorse- FFP, must notify NMFS of any change ments will remain valid until an FFP in the permit information by submit- is amended to remove those endorse- ting an FFP application found at the ments or the permit with these en- NMFS website at http:// dorsements is surrendered or revoked. alaskafisheries.noaa.gov as instructed on (6) Issuance. (i) Except as provided in the application form. Upon receipt and subpart D of 15 CFR part 904, upon re- approval of a permit amendment, the ceipt of a properly completed permit

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application, the Regional Adminis- or until the permit is revoked, sus- trator will issue a Federal fisheries pended, surrendered in accordance with permit required by this paragraph (b). paragraph (a)(9) of this section, or (ii) The Regional Administrator will modified under 15 CFR part 904. send the Federal fisheries permit to the (ii) A legible copy of any IFQ permit applicant with the appropriate that specifies the IFQ regulatory area logbooks, as provided under § 679.5. and vessel length overall from which (iii) NMFS will reissue a Federal IFQ halibut or IFQ sablefish may be fisheries permit to any person who harvested by the IFQ permit holder holds a Federal fisheries permit issued must be carried on board the vessel for a vessel if that vessel was used to used by the permitted person to har- make any legal rockfish landings and vest IFQ halibut or IFQ sablefish at all is subject to a sideboard limit as de- times that such fish are retained on scribed under § 679.82(d) through (h). board. (iv) NMFS will reissue a Federal fish- (iii) An IFQ permit may be volun- eries permit to any person who holds a tarily surrendered in accordance with Federal fisheries permit issued to an paragraph (a)(9) of this section. An an- Amendment 80 vessel. nual IFQ permit will not be reissued in (7) Amended application. If the appli- the same fishing year in which it was cation for an amended permit required surrendered, but a new annual IFQ per- under this section designates a change mit may be issued to the quota share or addition of a vessel operations cat- holder of record in a subsequent fishing egory, the amended permit must be on year. Contact NMFS/RAM for more in- board the vessel before the new type of formation locally at 907–586–7202 (Op- operations begins. tion #2) or toll-free at 800–304–4846 (Op- (8) Transfer. A Federal fisheries per- tion #2). mit issued under this paragraph (b) is (2) IFQ hired master permit. (i) An IFQ not transferable or assignable and is hired master permit authorizes the invalid only for the vessel for which it is dividual identified on the IFQ hired issued. master permit to land IFQ halibut or (9) Inspection. (i) An original Federal IFQ sablefish for debit against the fisheries permit issued under this para- specified IFQ permit until the IFQ graph (b) must be carried on board the hired master permit expires, or is re- vessel whenever the vessel is fishing. voked, suspended, surrendered in ac- Photocopied or faxed copies are not cordance with paragraph (a)(9) of this considered originals. section, or modified under 15 CFR part (ii) A permit issued under this para- 904, or cancelled on request of the IFQ graph (b) must be presented for inspec- permit holder. tion upon the request of any authorized (ii) A legible copy of an IFQ hired officer. master permit issued to an eligible in- (c) [Reserved] dividual in accordance with § 679.42(i) (d) IFQ permits, IFQ hired master per- and (j) by the Regional Administrator mits, and Registered Buyer permits. The must be onboard the vessel that har- permits described in this section are vests IFQ halibut or IFQ sablefish at required in addition to the permit and all times that such fish are retained licensing requirements prescribed in onboard by a hired master. Except as the annual management measures pub- specified in § 679.42(d), an individual lished in the FEDERAL REGISTER pursu- that is issued an IFQ hired master per- ant to § 300.62 of this title and in the mit must remain onboard the vessel permit requirements of this section. used to harvest IFQ halibut or IFQ sa- (1) IFQ permit. (i) An IFQ permit au- blefish with that IFQ hired master per- thorizes the person identified on the mit during the IFQ fishing trip and at permit to harvest IFQ halibut or IFQ the landing site during all IFQ land- sablefish from a specified IFQ regu- ings. latory area at any time during an open (iii) Each IFQ hired master permit fishing season during the fishing year issued by the Regional Administrator for which the IFQ permit is issued will display an IFQ permit number and until the amount harvested is equal to the name of the individual authorized the amount specified under the permit, by the IFQ permit holder to land IFQ

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halibut or IFQ sablefish for debit under § 600.735 or § 600.740 of this chap- against the IFQ permit holder’s IFQ. In ter. addition, IFQ hired master permits will (v) A Registered Buyer permit may also display the ADF&G vessel identi- be voluntarily surrendered in accord- fication number of the authorized ves- ance with paragraph (a)(9) of this sec- sel. tion. A Registered Buyer permit may (iv) An IFQ hired master permit may be reissued to the permit holder of be voluntarily surrendered in accord- record in the same fishing year in ance with paragraph (a)(9) of this sec- which it was surrendered. Contact tion. An IFQ hired master permit may NMFS/RAM for more information by be reissued to the permit holder of telephone, locally at 907–586–7202 (Op- record in the same fishing year in tion #2) or toll-free at 800–304–4846 (Op- which it was surrendered. Contact tion #2). NMFS/RAM for more information by (4) Issuance. The Regional Adminis- telephone, locally at 907–586–7202 (Op- trator will issue IFQ permits and IFQ tion #2) or toll-free at 800–304–4846 (Op- hired master permits annually or at tion #2). other times as needed to accommodate (3) Registered Buyer permit. (i) A Reg- transfers, revocations, appeals resolu- istered Buyer permit authorizes the tion, and other changes in QS or IFQ person identified on the permit to re- holdings, and designation of masters ceive and make an IFQ landing by an under § 679.42. IFQ permit holder or IFQ hired master (5) Transfer. The quota shares and permit holder or to receive and make a IFQ issued under this section are not CDQ halibut landing by a CDQ permit transferable, except as provided under holder or CDQ hired master permit § 679.41. IFQ hired master permits and holder at any time during the fishing Registered Buyer permits issued under year for which it is issued until the this paragraph (d) are not transferable. (6) Inspection—(i) IFQ permit and IFQ Registered Buyer permit expires, or is hired master permit. (A) The IFQ permit revoked, suspended, surrendered in ac- holder must present a legible copy of cordance with paragraph (a)(9) of this the IFQ permit for inspection on re- section, or modified under 15 CFR part quest of any authorized officer or Reg- 904. istered Buyer receiving IFQ species. (ii) A Registered Buyer permit is re- (B) The IFQ hired master permit quired of: holder must present a legible copy of (A) Any person who receives IFQ hal- the IFQ permit and a legible copy of ibut, CDQ halibut or IFQ sablefish from the IFQ hired master permit for inspec- the person(s) who harvested the fish; tion on request of any authorized offi- (B) Any person who harvests IFQ hal- cer or Registered Buyer receiving IFQ ibut, CDQ halibut or IFQ sablefish and species. transfers such fish in a dockside sale, (ii) Registered Buyer permit. A legible outside of an IFQ regulatory area, or copy of the Registered Buyer permit outside the State of Alaska. must be present at the location of an (C) A vessel operator who submits a IFQ landing or CDQ halibut landing Departure Report (see § 679.5(l)(4)). and must be made available by an indi- (iii) A Registered Buyer permit is vidual representing the Registered issued on a 3-year cycle by the Re- Buyer for inspection on request of any gional Administrator to persons that authorized officer. have a Registered Buyer application (7) Validity. An IFQ permit issued approved by the Regional Adminis- under this part is valid only if the IFQ trator. permit holder has paid all IFQ fees that (iv) A Registered Buyer permit is in are due as a result of final agency ac- effect from the first day of the year for tion as specified in §§ 679.45 and which it is issued or from the date of 679.5(l)(7)(ii). issuance, whichever is later, through (e) Halibut CDQ permits and CDQ hired the end of the current NMFS 3-year master permits—(1) Requirements. (i) The cycle, unless it is revoked, suspended, CDQ group, the operator of the vessel, surrendered in accordance with para- the manager of a shoreside processor or graph (a)(9) of this section, or modified stationary floating processor, and the

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Registered Buyer must comply with under this part. Any such permit or the requirements of this paragraph (e) document that has been intentionally and of paragraph § 679.32(f) for the altered, erased, mutilated, or forged is catch of CDQ halibut. invalid. (ii) The CDQ group, vessel owner or (5) Landings. A person may land CDQ operator, and Registered Buyer are halibut only if he or she has a valid subject to all of the IFQ prohibitions at halibut CDQ hired master permit. The § 679.7(f). person(s) holding the halibut CDQ (2) Halibut CDQ permit. The CDQ hired master permit and the Registered group must obtain a halibut CDQ per- buyer must comply with the require- mit issued by the Regional Adminis- ments of § 679.5(g) and (l)(1) through (6). trator. The vessel operator must have a (f) Federal processor permit (FPP)—(1) legible copy of the halibut CDQ permit Requirement. No shoreside processor of on any fishing vessel operated by, or the United States or stationary float- for, a CDQ group that will have halibut ing processor may receive or process CDQ onboard and must make the per- groundfish harvested in the GOA or mit available for inspection by an au- BSAI, unless the owner first obtains a thorized officer. The halibut CDQ per- Federal processor permit issued under mit is non-transferable and is issued this part. A Federal processor permit is annually until revoked, suspended, sur- issued without charge. rendered, or modified. A halibut CDQ (2) Contents of an FPP application. To permit may be voluntarily surrendered obtain an FPP, the owner must com- in accordance with paragraph (a)(9) of plete an FPP application and provide this section. The halibut CDQ permit the following information (see para- will not be reissued in the same fishing graphs (f)(2)(i) through (v) of this sec- year in which it was surrendered, but a tion for each SFP and shoreside proc- new annual halibut CDQ permit may be essor plant to be permitted): issued in a subsequent fishing year to (i) New or amended permit. Indicate the CDQ group entitled to a CDQ hal- whether application is for a new or ibut allocation. Contact NMFS/RAM amended FPP; and if an amended per- for more information by telephone, lo- mit, provide the current FPP number. cally at 907–586–7202 (Option #2) or toll- Indicate whether application is for a free at 800–304–4846 (Option #2). shoreside processor or an SFP. (3) An individual must have onboard (ii) Owner information. Indicate the the vessel a legible copy of his or her name(s), permanent business mailing halibut CDQ hired master permit address, business telephone number, issued by the Regional Administrator business fax number, and business while harvesting and landing any CDQ email address of all owners, and if ap- halibut. Each halibut CDQ hired mas- plicable, the name of any person or ter permit will identify a CDQ permit company (other than the owner) who number and the individual authorized manages the operations of the shore- by the CDQ group to land halibut for side processor or SFP. debit against the CDQ group’s halibut (iii) SFP information. Indicate the CDQ. A halibut CDQ hired master per- vessel name; whether this is a vessel of mit may be voluntarily surrendered in the United States; USCG documenta- accordance with paragraph (a)(9) of tion number; ADF&G vessel registra- this section. A halibut CDQ hired mas- tion number; ADF&G processor code; ter permit may be reissued to the per- the vessel’s LOA (ft); registered length mit holder of record in the same fish- (ft); gross tonnage; net tonnage; shaft ing year in which it was surrendered. horsepower; homeport (city and state); Contact NMFS/RAM for more informa- and whether choosing to receive a GOA tion by telephone, locally at 907–586– inshore processing endorsement. A 7202 (Option #2) or toll-free at 800–304– GOA inshore processing endorsement is 4846 (Option #2). required in order to process GOA (4) Alteration. No person may alter, inshore pollock and GOA inshore Pa- erase, mutilate, or forge a halibut CDQ cific cod. permit, hired master permit, Reg- (iv) Shoreside processor information. In- istered Buyer permit, or any valid or dicate the shoreside processor’s name; current permit or document issued permanent business mailing address;

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physical location of plant at which the valid only for the processor for which shoreside processor is operating it is issued. (street, city, state, zip code); whether (6) Inspection. (i) An original Federal the shoreside processor is replacing a processor permit issued under this previous processor at this facility (YES paragraph (f) must be on site at the or NO, and if YES, name of previous shoreside processor, or stationary processor); whether multiple proc- floating processor at all times. essing businesses are using this plant; Photocopied or faxed copies are not whether the owner named in paragraph considered originals. (f)(2)(ii) of this section owns this plant; (ii) A permit issued under this para- ADF&G processor code; business tele- graph (f) must be presented for inspec- phone number; business fax number; tion upon the request of any authorized and business e-mail address. officer. (v) Signature. The owner or agent of (g) Scallop LLP—(1) General require- the owner of the shoreside processor or ments. (i) In addition to the permit and SFP must sign and date the applica- licensing requirements prescribed in tion. If the owner is a company, the this part, each vessel within the EEZ agent of the owner must sign and date off Alaska that is catching and retain- the application. ing scallops, must have an original (3) Issuance. Upon receipt of a prop- scallop LLP license onboard at all erly completed permit application, the times it is catching and retaining scal- Regional Administrator will issue a lops. This scallop LLP license, issued Federal processor permit required by by NMFS, authorizes the person named this paragraph (f). on the license to catch and retain scallops in compliance with State of Alas- (4) Duration—(i) Length of effective- ka regulations and only with a vessel ness. An FPP is in effect from the effec- that does not exceed the maximum tive date through the date of permit LOA specified on the license and the expiration, unless it is revoked, sus- gear designation specified on the li- pended, surrendered in accordance with cense. paragraph (a)(9) of this section, or (ii) A scallop LLP license may be vol- modified under § 600.735 or § 600.740 of untarily surrendered in accordance this chapter. with paragraph (a)(9) of this section. A (ii) Surrendered permit. An FPP may surrendered scallop LLP license will be voluntarily surrendered in accord- cease to exist and will not be subse- ance with paragraph (a)(9) of this sec- quently reissued. Contact NMFS/RAM tion. An FPP may be reissued to the for more information by telephone, lo- permit holder of record in the same cally at 907–586–7202 (Option #2) or toll- fishing year in which it was surren- free at 800–304–4846 (Option #2). dered. Contact NMFS/RAM for more in- (2) Qualifications for a scallop LLP li- formation by telephone, locally at 907– cense. A scallop LLP license will be 586–7202 (Option #2) or toll-free at 800– issued to an eligible applicant who: 304–4846 (Option #2). (i) Is a qualified person; (iii) Amended permit. An owner or op- (ii) Was named on a State of Alaska erator, who applied for and received an scallop moratorium permit or Federal FPP, must notify NMFS of any change scallop moratorium permit on Feb- in the permit information by submit- ruary 8, 1999; ting an FPP application found at the (iii) Used the moratorium permit NMFS website at http:// held on February 8, 1999, to make legal alaskafisheries.noaa.gov. The owner or landings of scallops in each of any 2 operator must submit the application calendar years during the qualification as instructed on the application form. period beginning January 1, 1996, Upon receipt and approval of a permit through October 9, 1998; and amendment, the Program Adminis- (iv) Submitted a complete applica- trator, RAM, will issue an amended tion for a scallop license during the ap- FPP. plication period specified pursuant to (5) Transfer. A Federal processor per- paragraph (g)(4) of this section. mit issued under this paragraph (f) is (3) Scallop license conditions and en- not transferable or assignable and is dorsements. A scallop license authorizes

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

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

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(ii) Eligibility criteria for transfers. A (h) Salmon permits—(1) Operators of scallop license can be transferred if: commercial fishing vessels using power (A) The designated transferee is eligi- troll gear. The operator of a fishing ves- ble to document a fishing vessel under sel using power troll gear may engage Chapter 121, Title 46, U.S.C.; in commercial fishing for salmon in (B) The parties to the transfer do not the Salmon Management Area if the have any fines, civil penalties, other operator: payments due and outstanding, or out- (i) Held a valid State of Alaska power standing permit sanctions resulting troll permanent entry permit on May from Federal fishing violations; 15, 1979, or is a transferee under para- (C) The transfer will not cause the graph (h)(13) of this section from an op- designated transferee to exceed the li- erator who held such a permit on that cense limit in § 679.7(i); and date; (D) The transfer does not violate any (ii) Held a valid State of Alaska other provision specified in this part. power troll interim use permit on May (iii) Contents of transfer application. 15, 1979; or To be complete, an application for a (iii) Holds a Salmon Fishery permit scallop license transfer must be signed issued by the Regional Administrator by the license holder and the des- under paragraph (h)(7) of this section. ignated transferee, or the individuals (2) Crew members and other persons not representing them, and contain the fol- the operator of a commercial fishing vessel lowing information, as applicable: using power troll gear. Crew members or (A) Name, business address, tele- other persons aboard but not the oper- phone number, and FAX number of the ator of a fishing vessel may assist in license holder and of the designated the vessel’s commercial salmon fishing transferee; operations in the High Seas Manage- (B) License number and total price ment Area without a permit if a person being paid for the license; described in paragraph (h)(1)(i) through (C) Certification that the designated (iii) of this section is also aboard the transferee is a U.S. citizen, or a U.S. vessel and is engaged in the vessel’s corporation, partnership, or other asso- commercial fishing operations. ciation; (3) Personal use fishing. Any person (D) A legible copy of a contract or who holds a valid State of Alaska sport sales agreement that specifies the li- fishing license may engage in personal cense to be transferred, the license use fishing in the Salmon Management holder, the designated transferee, the Area. monetary value or the terms of the license transfer; and (4) Duration. Authorization under (E) Other information the Regional this paragraph (h) to engage in fishing Administrator deems necessary for for salmon in the Salmon Management measuring program performance. Area constitutes a use privilege which may be revoked or modified without (iv) Incomplete applications. The Re- gional Administrator will return an in- compensation. complete transfer application to the (5) Eligibility criteria for permits issued applicant and identify any deficiencies by the Regional Administrator. (i) Any if the Regional Administrator deter- person is eligible to be issued a Salmon mines that the application does not Fishery permit under paragraph (h)(7) meet all the criteria identified in para- of this section if that person, during graph (g)(5) of this section. any one of the calendar years 1975, 1976, (v) Transfer by court order, operation of or 1977: law, or as part of a security agreement. (A) Operated a fishing vessel in the The Regional Administrator will trans- Salmon Management Area. fer a scallop license based on a court (B) Engaged in commercial fishing order, operation of law, or a security for salmon in the Salmon Management agreement if the Regional Adminis- Area. trator determines that the transfer ap- (C) Caught salmon in the Salmon plication is complete and the transfer Management Area using power troll will not violate any of the provisions of gear. this section. (D) Landed such salmon.

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(ii) The following persons are not eli- (9) Replacement. Replacement permits gible to be issued a Salmon Fishery may be issued for lost or unintention- permit under paragraph (h)(7) of this ally mutilated permits. An application section: for a replacement permit shall not be (A) Persons described in paragraph considered a new application. (h)(1)(i) or (h)(1)(ii) of this section. (10) Display. Any permit or license de- (B) Persons who once held but no scribed in paragraph (h)(1) or (h)(3) of longer hold a State of Alaska power this section must be on board the ves- troll permanent entry or interim-use sel at all times while the vessel is in permit. the Salmon Management Area. (6) Application. Applications for a (11) Inspection. Any permit or license Salmon Fishery permit must be in described in paragraph (h)(1) or (h)(3) of writing, signed by the applicant, and this section must be presented for in- submitted to the Regional Adminis- spection upon request by an authorized trator, at least 30 days prior to the date the person wishes to commence officer. fishing, and must include: (12) Sanctions. Procedures governing (i) The applicant’s name, mailing ad- permit sanctions and denials are found dress, and telephone number. at subpart D of 15 CFR part 904. (ii) The vessel’s name, USCG docu- (13) Transfer of authority to fish in the mentation number or State of Alaska Salmon Management Area—(i) State of registration number, home port, length Alaska power troll permanent entry per- overall, registered tonnage, and color mits. The authority of any person to en- of the fishing vessel. gage in commercial fishing for salmon (iii) The type of fishing gear used by using power troll gear in the Salmon the fishing vessel. Management Area shall expire upon (iv) State of Alaska fish tickets or the transfer of that person’s State of other equivalent documents showing Alaska power troll permanent entry the actual landing of salmon taken in permit to another and shall be trans- the Salmon Management Area by the ferred to the new holder of that permit. applicant with power troll gear during (ii) Transfer of Authority by the Re- any one of the years 1975 to 1977. gional Administrator. (A) Any person to (7) Issuance. (i) Except as provided in whom the proposed transfer of a State subpart D of 15 CFR part 904, upon re- of Alaska power troll permanent entry ceipt of a properly completed applica- permit is denied by the State of Alaska tion, the Regional Administrator will may apply, with the consent of the cur- determine whether the permit eligi- rent holder of that permit, to the Re- bility conditions have been met, and if gional Administrator for transfer to so, will issue a Salmon Fishery permit. the applicant of the current holder’s (ii) If the permit is denied, the Re- authority to engage in commercial gional Administrator will notify the fishing for salmon using power troll applicant in accordance with paragraph gear in the Salmon Management Area. (h)(16) of this section. (iii) If an incomplete or improperly (B) The application for transfer shall completed permit application is filed, be filed with the Regional Adminis- the Regional Administrator will notify trator within 30 days of the denial by the applicant of the deficiency. If the the State of Alaska of the proposed applicant fails to correct the deficiency transfer of the permit. within 30 days following the date of re- (C) The application for transfer shall ceipt of notification, the application include all documents and other evi- shall be considered abandoned. dence submitted to the State of Alaska (8) Amended application. Any person in support of the proposed transfer of who applies for and receives a Salmon the permit and a copy of the State of Fishery permit issued under paragraph Alaska’s decision denying the transfer (h)(7) of this section must notify the of the permit. The Regional Adminis- Regional Administrator within 30 days trator may request additional informa- of a change in any of the information tion from the applicant or from the submitted under paragraph (h)(6) of State of Alaska to assist in the consid- this section. eration of the application.

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(D) The Regional Administrator shall avoidable hardship prevents the holder approve the transfer if it is determined of that authority from engaging in that: such fishing. (1) The applicant had the ability to (ii) Such a transfer shall take effect participate actively in the fishery at automatically upon approval by the the time the application for transfer of State of Alaska of an emergency trans- the permit was filed with the State of fer of a State of Alaska power troll Alaska. entry permit, in accordance with the (2) The applicant has access to power terms of the permit transfer. troll gear necessary for participation (iii) Any person may apply to the Re- in the fishery. gional Administrator for emergency (3) The State of Alaska has not insti- transfer of the current holder’s author- tuted proceedings to revoke the permit ity to engage in commercial fishing for on the ground that it was fraudulently salmon using power troll gear in the obtained. Salmon Management Area for a period (4) The proposed transfer of the per- not lasting beyond the calendar year of mit is not a lease. the proposed transfer, if a person: (E) Upon approval of the transfer ap- (A) Is denied emergency transfer of a plication by the Regional Adminis- State of Alaska power troll entry per- trator, the authority of the permit mit by the State of Alaska; or holder to engage in commercial fishing (B) Requests emergency transfer of a for salmon in the Salmon Management Federal commercial power troll permit Area using power troll gear shall ex- previously issued by the Regional Ad- pire, and that authority shall be trans- ministrator, with the consent of the ferred to the applicant. current holder of that permit. (14) Other Permits. (i) Except for emer- (iv) The Regional Administrator gency transfers under paragraph (h)(15) shall approve the transfer if he deter- of this section, the authority of any mines that: person described in paragraph (h)(1)(ii), (A) Sickness, injury, or other un- (h)(1)(iii), or (h)(3) of this section to avoidable hardship prevents the cur- fish for salmon in the Salmon Manage- rent permit holder from engaging in ment Area, may not be transferred to such fishing. any other person. (B) The applicant had the ability to (ii) Except for emergency transfers participate actively in the fishery at under paragraph (h)(15) of this section, the time the application for emergency the authority to engage in commercial transfer of the permit was filed with fishing for salmon which was trans- the State of Alaska or, in the case of a ferred under paragraph (h)(13)(ii) of Federal permit, with the Regional Ad- this section may not be transferred to ministrator. any other person except the current (C) The applicant has access to power holder of the State of Alaska power troll gear necessary for participation troll permanent entry permit from in the fishery. which that authority was originally de- (D) The State of Alaska has not insti- rived. tuted proceedings to revoke the permit (iii) The authority described in para- on the grounds that it was fraudulently graph (h)(14)(ii) of this section may be obtained. transferred to the current holder of (v) The application in the case of a that permit upon receipt of written no- State of Alaska permit shall be filed tification of the transfer by the Re- with the Regional Administrator with- gional Administrator. in 30 days of the denial by the State of (15) Emergency transfers—authority to Alaska of emergency transfer of the use power troll gear. (i) The authority of permit. any person to engage in commercial (vi) The application shall include all fishing for salmon using power troll documents and other evidence sub- gear in the Salmon Management Area mitted to the State of Alaska in sup- may be transferred to another person port of the proposed emergency trans- for a period not lasting beyond the end fer of the permit and a copy of the of the calendar year of the transfer State of Alaska’s decision denying the when sickness, injury, or other un- emergency transfer of the permit. The

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Regional Administrator may request a hearing examiner to conduct the additional information from the appli- hearing. cant or from the State of Alaska to as- (viii) Following the hearing, the sist in the consideration of the applica- hearing examiner shall promptly fur- tion. nish the Assistant Administrator with (vii) Upon approval of the application a report and appropriate recommenda- by the Regional Administrator, the au- tions. thority of the permit holder to engage (ix) As soon as practicable after con- in commercial fishing for salmon using sidering the matters raised in the ap- power troll gear in the Salmon Man- peal, and any report or recommenda- agement Area shall expire for the pe- tion of the hearing examiner in the riod of the emergency transfer, and event a hearing is held under this para- that authority shall be transferred to graph (h)(16), the Assistant Adminis- the applicant for that period. trator shall decide the appeal. (16) Appeals and hearings. (i) A deci- (x) The Assistant Administrator shall sion by the Regional Administrator to promptly notify the appellant of the deny a permit under paragraph (h)(7) of final decision. Such notice shall set this section or to deny transfer of au- forth the findings of the Assistant Ad- thority to engage in commercial fish- ministrator and set forth the basis of ing for salmon in the Salmon Manage- the decision. The decision of the As- ment Area under paragraphs (h)(13) and sistant Administrator shall be the final (h)(14) of this section will: administrative action of the Depart- (A) Be in writing. ment of Commerce. (B) State the facts and reasons there- (i) Exempted fisheries permits. (See for. § 679.6.) (C) Advise the applicant of the rights (j) Prohibited species donation program provided in this paragraph (h)(16). permits. (See § 679.26(a)(3).) (k) Licenses for license limitation (LLP) (ii) Any such decision of the Regional groundfish or crab species—(1) General re- Administrator shall be final 30 days quirements. (i) In addition to the permit after receipt by the applicant, unless and licensing requirements of this part, an appeal is filed with the NOAA/NMFS and except as provided in paragraph Assistant Administrator within that (k)(2) of this section, each vessel within time. the GOA or the BSAI must have an (iii) Failure to file a timely appeal LLP groundfish license on board at all shall constitute waiver of the appeal. times it is engaged in fishing activities (iv) Appeals under this paragraph defined in § 679.2 as directed fishing for (h)(16) must: license limitation groundfish. This (A) Be in writing. groundfish license, issued by NMFS to (B) Set forth the reasons why the ap- a qualified person, authorizes a license pellant believes the Regional Adminis- holder to deploy a vessel to conduct di- trator’s decision was in error. rected fishing for license limitation (C) Include any supporting facts or groundfish only in accordance with the documentation. specific area and species endorsements, (v) At the time the appeal is filed the vessel and gear designations, and with the Assistant Administrator, the the MLOA specified on the license. appellant may request a hearing with (ii) Each vessel must have a crab spe- respect to any disputed issue of mate- cies license, defined in § 679.2, issued by rial fact. Failure to request a hearing NMFS on board at all times it is en- at this time will constitute a waiver of gaged in fishing activities for the crab the right to request a hearing. fisheries identified in this paragraph. A (vi) If a hearing is requested, the As- crab species license may be used only sistant Administrator may order an in- to participate in the fisheries endorsed formal fact-finding hearing if it is de- on the license and on a vessel that termined that a hearing is necessary to complies with the vessel designation resolve material issues of fact and shall and MLOA specified on the license. so notify the appellant. NMFS requires a crab species license (vii) If the Assistant Administrator endorsed for participation in the fol- orders a hearing, the order will appoint lowing crab fisheries:

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(A) Aleutian Islands red king crab in (2) Scarlet or deep sea king crab waters of the EEZ with an eastern (Lithodes couesi) in the waters of the boundary the longitude of Scotch Cap Bering Sea and Aleutian Islands Area; Light (164°44′ W. long.) to 53°30′ N. lat., (3) Grooved Tanner crab (Chionoecetes then west to 165° W. long., a western tanneri) in the waters of the Bering Sea boundary of 174° W. long., and a north- and Aleutian Islands Area; and ern boundary of a line from the lati- (4) Triangle Tanner crab (Chionoecetes tude of Cape Sarichef (54°36′ N. lat.) angulatus) in the waters of the Bering westward to 171° W. long., then north Sea and Aleutian Islands Area. to 55°30′ N. lat., and then west to 174° (2) Exempt vessels. Notwithstanding W. long.; the requirements of paragraph (k)(1) of (B) Aleutian Islands Area C. opilio this section, (i) A catcher vessel or catcher/proc- and C. bairdi in waters of the EEZ with essor vessel that does not exceed 26 ft an eastern boundary the longitude of (7.9 m) LOA may conduct directed fish- Scotch Cap Light (164°44′ W. long.) to ° ′ ° ing for license limitation groundfish in 53 30 N. lat., then west to 165 W. long, the GOA without a groundfish license; a western boundary of the Maritime (ii) A catcher vessel or catcher/proc- Boundary Agreement Line as that line essor vessel that does not exceed 32 ft is described in the text of and depicted (9.8 m) LOA may conduct directed fish- in the annex to the Maritime Boundary ing for license limitation groundfish in Agreement between the United States the BSAI without a groundfish license and the Union of Soviet Socialist Re- and may conduct directed fishing for publics signed in Washington, June 1, crab species in the Bering Sea and 1990, and as the Maritime Boundary Aleutian Islands Area without a crab Agreement Line as depicted on NOAA species license; Chart No. 513 (6th edition, February 23, (iii) A vessel may use a maximum of 1991) and NOAA Chart No. 514 (6th edi- five jig machines, one line per jig mation, February 16, 1991), and a northern chine, and a maximum of 30 hooks per boundary of a line from the latitude of line, to conduct directed fishing for li- Cape Sarichef (54°36′ N. lat.), with a cense limitation groundfish in the GOA southern boundary of 54°30′ N. lat. to without a groundfish license; 171° W. long., and then south to 54 36′ N. (iv) A catcher vessel or catcher/proc- lat.; essor vessel that does not exceed 60 ft (C) Norton Sound red king and Nor- (18.3 m) LOA may use a maximum of 5 ton Sound blue king in waters of the jig machines, one line per jig machine, EEZ with a western boundary of 168° W. and a maximum of 15 hooks per line, to long., a southern boundary of 62° N. conduct directed fishing for license lat., and a northern boundary of 65°36′ limitation groundfish in the BSAI N. lat.; without a groundfish license; or (v) A catcher vessel or catcher/proc- (D) Minor Species endorsement in- essor vessel that does not exceed 125 ft cludes: (38.1 m) LOA, and during the period (1) Bering Sea golden king crab after November 18, 1992, through Octo- (Lithodes aequispinus) in waters of the ber 9, 1998, was specifically constructed EEZ east of the Maritime Boundary for and used exclusively in accordance Agreement Line as that line is de- with a CDP approved by NMFS, and is scribed in the text of and depicted in designed and equipped to meet specific the annex to the Maritime Boundary needs that are described in the CDP, is Agreement between the United States exempted from the requirement to and the Union of Soviet Socialist Re- have a LLP groundfish license to con- publics signed in Washington, June 1, duct directed fishing for license limita- 1990, and as the Maritime Boundary tion groundfish in the GOA and in the Agreement Line as depicted on NOAA BSAI area and a crab species license to Chart No. 513 (6th edition, February 23, fish for crab species in the Bering Sea 1991) and NOAA Chart No. 514 (6th edi- and Aleutian Islands Area. tion, February 16, 1991), with a south- (3) Vessel and gear designations and ern boundary of 54°36′ N. lat. to 171° W. vessel length categories—(i) Vessel long., and then south to 54°30′ N. lat. MLOA—(A) General. A license may be

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used only on a vessel named on the li- (1) For license limitation groundfish, cense, a vessel that complies with the license limitation groundfish were vessel designation and gear designation processed on the vessel that qualified specified on the license, and a vessel for the groundfish license under para- that has an LOA less than or equal to graph (k)(4) of this section during the the MLOA specified on the license; period January 1, 1994, through June 17, (B) Modification of license MLOA for 1995, or in the most recent calendar groundfish licenses with a Pacific cod en- year of participation during the area dorsement in the GOA. (1) A groundfish endorsement qualifying period speci- license with a specified MLOA less fied in paragraph (k)(4)(ii) of this sec- than or equal to 50 feet prior to April tion; or 21, 2011 that subsequently receives a (2) For crab species, crab species were Pacific cod endorsement in the GOA processed on the vessel that qualified with a catcher vessel and pot gear des- for the crab species license under para- ignation as specified under paragraph graph (k)(5) of this section during the (k)(10) of this section will be redesig- period January 1, 1994, through Decem- nated with an MLOA of 50 feet on the ber 31, 1994, or in the most recent cal- date that the Pacific cod endorsement endar year of participation during the is assigned to that groundfish license; area endorsement qualifying period (2) A groundfish license with a speci- specified in paragraph (k)(5)(ii) of this fied MLOA greater than or equal to 60 section. feet: (3) For purposes of paragraphs (i) That was continuously assigned to (k)(3)(ii)(A)(1) and (k)(3)(ii)(A)(2) of this a single vessel less than 60 feet LOA section, evidence of processing must be from January 1, 2002, through Decem- demonstrated by production reports or ber 8, 2008; and other valid documentation dem- (ii) That met the landing thresholds onstrating that processing occurred on applicable for a groundfish license with the vessel during the relevant period. a specified MLOA of less than 60 feet (B) Catcher vessel. A license will be for the specific gear designation(s) and assigned a catcher vessel designation if regulatory area(s) applicable to that it does not meet the criteria in para- groundfish license as described in paragraph (k)(3)(ii)(A)(1) or (k)(3)(ii)(A)(2) graph (k)(10) of this section, will be re- of this section to be assigned a catcher/ designated with an MLOA equal to the processor vessel designation. LOA of the vessel to which that (C) Changing a vessel designation. A groundfish license was assigned from person who holds a groundfish license January 1, 2002, through December 8, or a crab species license with a catcher/ 2008, based on the LOA for that vessel processor vessel designation may, upon in NMFS’ non-trawl gear recent par- request to the Regional Administrator, ticipation official record on April 21, have the license reissued with a catch- 2011, or as specified by a marine survey er vessel designation. The vessel des- conducted by an independent certified ignation change to a catcher vessel will marine surveyor or naval architect be permanent, and that license will be provided that the license holder pro- valid for only those activities specified vides NMFS with a marine survey con- in the definition of catcher vessel des- ducted by an independent certified ma- ignation at § 679.2. rine surveyor or naval architect not (D) Limited processing by catcher ves- later than 90 days after April 21, 2011 sels. Up to 1 mt of round weight equiva- that specifies the LOA of the vessel to lent of license limitation groundfish or which that groundfish license was as- crab species may be processed per day signed. on a vessel less than or equal to 60 ft (3) The MLOA specified on a ground- (18.3 m) LOA that is authorized to fish fish license under paragraph with an LLP license with a catcher (k)(3)(i)(B)(2) of this section may not vessel designation. exceed 60 feet. (iii) Vessel length categories. A vessel’s (ii) Vessel designations—(A) Catcher/ eligibility will be determined using the processor vessel. A license will be as- following three vessel length cat- signed a catcher/processor vessel des- egories, which are based on the vessel’s ignation if: LOA on June 17, 1995, or, if the vessel

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was under reconstruction on June 17, trawl to non-trawl or from non-trawl 1995, the vessel’s length on the date to trawl. that reconstruction was completed. (2) An applicant may request a (A) Vessel length category ‘‘A’’ if the change of gear designation based on a LOA of the qualifying vessel on the rel- significant financial investment in evant date was equal to or greater than converting a vessel or purchasing fish- 125 ft (38.1 m) LOA. ing gear on or before February 7, 1998, (B) Vessel length category ‘‘B’’ if the and making a documented harvest with LOA of the qualifying vessel on the rel- that gear on or before December 31, evant date was equal to or greater than 1998. Such a change would be perma- 60 ft (18.3 m) but less than 125 ft (38.1 nent and may only be used for a change m) LOA. from trawl to non-trawl or from non- (C) Vessel length category ‘‘C’’ if the trawl to trawl. LOA of the qualifying vessel on the rel- (F) Definitions of non-trawl gear and evant date was less than 60 ft (18.3 m) significant financial investment. (1) For LOA. purposes of paragraph (k)(3)(iv) of this (iv) Gear designations for groundfish li- section, non-trawl gear means any censes—(A) General. A vessel may only legal gear, other than trawl, used to use gear consistent with the gear des- harvest license limitation groundfish. ignation on the LLP license author- (2) For purposes of paragraph izing the use of that vessel to fish for (k)(3)(iv)(E)(2) of this section, ‘‘signifi- license limitation groundfish or crab cant financial investment’’ means hav- species, except that a vessel fishing ing spent at least $100,000 toward vessel under authority of an LLP license en- conversion and/or gear to change to dorsed only for trawl gear may fish for trawl gear from non-trawl gear, or hav- slope rockfish with non-trawl gear ing acquired groundline, hooks, pots, within the Gulf of Alaska Slope Habi- jig machines, or hauling equipment to tat Conservation Areas, as described in change to non-trawl gear from trawl Table 27 to this part. gear. (B) Trawl/non-trawl. A license will be (4) Qualifications for a groundfish li- assigned a trawl/non-trawl gear des- cense. A groundfish license will be ignation if trawl and non-trawl gear issued to an eligible applicant that were used to harvest LLP species from meets the criteria in paragraphs the qualifying vessel during the period (k)(4)(i) and (k)(4)(ii) of this section. beginning January 1, 1988, through For purposes of the license limitation June 17, 1995. program, evidence of a documented (C) Trawl. A license will be assigned a harvest must be demonstrated by a trawl gear designation if only trawl state catch report, a Federal catch re- gear was used to harvest LLP species port, or other valid documentation from the qualifying vessel during the that indicates the amount of license period beginning January 1, 1988, limitation groundfish harvested, the through June 17, 1995. groundfish reporting area in which the (D) Non-trawl. A license will be as- license limitation groundfish was har- signed a non-trawl gear designation if vested, the vessel and gear type used to only non-trawl gear was used to har- harvest the license limitation ground- vest LLP species from the qualifying fish, and the date of harvesting, land- vessel during the period beginning Jan- ing, or reporting. State catch reports uary 1, 1988, through June 17, 1995. are Alaska, California, Oregon, or (E) Changing a gear designation. (1) An Washington fish tickets. Federal catch applicant may request a change of gear reports are production reports required designation based on gear used from under § 679.5. the vessel during the period beginning (i) General qualification periods (GQP). June 18, 1995, through February 7, 1998. This table provides the GQP docu- Such a change would be permanent and mented harvest requirements for LLP may only be used for a change from groundfish licenses:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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participating but before January 1, (D) Valid evidence of the documented 2000. harvests that are the basis of eligi- (vi) A groundfish license or crab spe- bility for a license, including harvest cies license may be used on a vessel area, gear used, date of landing, and, if that is named on the license, that com- applying for a crab species license, spe- plies with the vessel designation, and cies; that does not exceed the MLOA on the (E) Valid evidence of LOA on June 24, license. 1992, of the vessel used as the basis of (6) Application for a groundfish license eligibility for a license, except if that or a crab species license. (i) General. The vessel was under reconstruction on Regional Administrator will issue a that date, valid evidence of LOA on the groundfish license or a crab species li- date reconstruction was completed and cense to an applicant if a complete ap- valid evidence of when reconstruction plication is submitted by or on behalf began and ended; of the applicant during the specified (F) Valid evidence of LOA on June 17, application period, and if that appli- 1995, of the vessel used as the basis of cant meets all the criteria for eligi- eligibility for a license, except if that bility in paragraph (k) of this section. vessel was under reconstruction on An application that is postmarked or that date, valid evidence of LOA on the delivered after the ending date for the date reconstruction was completed, application period for the License Lim- and valid evidence of when reconstruction began and ended; itation Program specified in the FED- (G) Valid evidence to support the ap- ERAL REGISTER will be denied. An application form will be sent to the last plicant’s claim for a vessel designation known address of a person identified as of catcher vessel or catcher/processor an eligible applicant by the official vessel; LLP record. An application form may (H) Valid evidence of ownership of the vessel being used as the basis for be requested from the Regional Admin- eligibility for a license (for USCG docu- istrator. mented vessels, valid evidence must be (ii) An application Application period. the USCG Abstract of Title), or if eligi- period of no less than 90 days will be bility is based on a fishing history that specified by notification in the FED- has been separated from a vessel, valid ERAL REGISTER and other information evidence of ownership of the fishing sources deemed appropriate by the Re- history being used as the basis of eligi- gional Administrator. bility for a license; and (iii) Contents of application. To be (I) Valid evidence of the LOA of the complete, an application for a ground- vessel to be deployed by the license if fish license or a crab species license different than the vessel used as the must be signed by the applicant, or the basis for eligibility for a license. individual representing the applicant, (iv) Other information required for spe- and contain the following, as applica- cial circumstances. ble: (A) Successor-in-interest. If an appli- (A) Name, business address, tele- cant is applying as the successor-in-in- phone number, and FAX number of the terest to an eligible applicant, an ap- applicant; plication, to be complete, also must (B) Name, state registration number contain valid evidence proving the ap- (e.g., ADF&G number), and, if applica- plicant’s status as a successor-in-inter- ble, the USCG documentation number est to that eligible applicant and: of the vessel being used as the basis for (1) Valid evidence of the death of that eligibility for a license; and name, eligible applicant at the time of appli- state registration number (e.g., cation, if the eligible applicant was or ADF&G number), and, if applicable, the is an individual; or USCG documentation number of the (2) Valid evidence that the eligible vessel to be deployed with the license if applicant is no longer in existence at different than the vessel used as the the time of application, if the eligible basis of eligibility for a license; applicant is not an individual. (C) Name of the managing company, (B) Norton Sound crab species license if any; endorsement. If an applicant is applying

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

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this section will have 60 days to pro- (x) Surrender of groundfish or crab vide that information. An applicant LLP. A groundfish or crab LLP license will be limited to one 60-day evi- may be voluntarily surrendered in ac- dentiary period. Additional informa- cordance with paragraph (a)(9) of this tion or evidence, or a revised applica- section. A surrendered groundfish or tion, received after the 60-day evi- crab LLP license will cease to exist and dentiary period specified in the letter will not be subsequently reissued. Con- has expired will not be considered for tact NMFS/RAM for more information purposes of the initial administrative by telephone, locally at 907–586–7202 determination. (Option #2) or toll-free at 800–304–4846 (viii) Initial administrative determina- (Option #2). tions (IAD). The Regional will prepare (7) Transfer of a groundfish license or a and send an IAD to the applicant fol- crab species license—(i) General. The Re- lowing the expiration of the 60-day evi- gional Administrator will transfer a dentiary period if the Regional Admin- groundfish license, Aleutian Island istrator determines that the informa- area endorsement as described under tion or evidence provided by the appli- paragraph (k)(7)(viii)(A) of this section, cant fails to support the applicant’s or a crab species license if a complete transfer application is submitted to claims and is insufficient to rebut the Restricted Access Management, Alaska presumption that the official LLP Region, NMFS, and if the transfer record is correct, or if the additional meets the eligibility criteria as speci- information, evidence, or revised appli- fied in paragraph (k)(7)(ii) of this sec- cation is not provided within the time tion. A transfer application form may period specified in the letter that noti- be requested from the Regional Admin- fies the applicant of his or her 60-day istrator. evidentiary period. The IAD will indi- (ii) Eligibility criteria for transfers. A cate the deficiencies in the application, groundfish license, Aleutian Island including any deficiencies with the in- area endorsement as described under formation, the evidence submitted in paragraph (k)(7)(viii)(A) of this section, support of the information, or the re- or crab species license can be trans- vised application. The IAD will also in- ferred if the following conditions are dicate which claims cannot be ap- met: proved based on the available informa- (A) The designated transferee is eligi- tion or evidence. An applicant who re- ble to document a fishing vessel under ceives an IAD may appeal pursuant to Chapter 121, Title 46, U.S.C.; § 679.43. An applicant who avails him- (B) The parties to the transfer do not self or herself of the opportunity to ap- have any fines, civil penalties, other peal an IAD will not receive a transfer- payments due and outstanding, or out- able license until after the final resolu- standing permit sanctions resulting tion of that appeal, notwithstanding from Federal fishing violations; the eligibility of that applicant for (C) The transfer will not cause the some claims based on consistent infor- designated transferee to exceed the li- mation in the application. cense caps in § 679.7(i); and (ix) Issuance of a non-transferable li- (D) The transfer does not violate any cense. The Regional Administrator will other provision specified in this part. issue a non-transferable license to the (iii) Contents of application. To be applicant on issuance of an IAD if re- complete, an application for a ground- quired by the license renewal provi- fish license, Aleutian Island area en- sions of 5 U.S.C. 558. A non-transferable dorsement as described under para- license authorizes a person to deploy a graph (k)(7)(viii)(A) of this section vessel to conduct directed fishing for transfer, or a crab species license license limitation groundfish or crab transfer must be legible, have nota- species as specified on the non-trans- rized and dated signatures of the appli- ferable license, and will have the spe- cants, and the applicants must attest cific endorsements and designations that, to the best of the applicant’s based on the claims in his or her appli- knowledge, all statements in the application. A non-transferable license will cation are true. An application to expire upon final agency action. transfer will be provided by NMFS, or

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is available on the NMFS Alaska Re- (viii) Severability of licenses. (A) Area gion website at http:// endorsements or area/species endorse- alaskafisheries.noaa.gov. The acceptable ments specified on a license are not submittal methods will be specified on severable from the license and must be the application form. transferred together, except that Aleu- (iv) Incomplete applications. The Re- tian Island area endorsements on a gional Administrator will return an in- groundfish license with a trawl gear complete transfer application to the designation issued under the provisions applicant and identify any deficiencies of paragraph (k)(4)(ix)(A) of this sec- if the Regional Administrator deter- tion and that are assigned to a ground- mines that the application does not fish license with an MLOA of less than meet all the criteria identified in para- 60 feet LOA may be transferred sepa- graph (k)(7) of this section. rately from the groundfish license to (v) Transfer by court order, operation of which that Aleutian Island area en- law, or as part of a security agreement. dorsement was originally issued to an- The Regional Administrator will trans- other groundfish license provided that fer a groundfish license, Aleutian Is- the groundfish license to which that land area endorsement as described Aleutian Island endorsement is trans- under paragraph (k)(7)(viii)(A) of this ferred: section, or a crab species license based (1) Was not derived in whole or in on a court order, operation of law, or a part from the qualifying fishing his- security agreement if the Regional Ad- tory of an AFA vessel; ministrator determines that the trans- (2) Has a catcher vessel designation; fer application is complete and the (3) Has a trawl gear designation; transfer will not violate any of the pro- (4) Has an MLOA of less than 60 feet visions of this section. LOA; and (vi) Voluntary transfer limitation. A (5) A complete transfer application is groundfish license, Aleutian Island submitted to the Regional Adminis- area endorsement as described under trator as described under this para- paragraph (k)(7)(viii)(A) of this section, graph (k)(7), and that application is ap- or a crab species license may be volun- proved. tarily transferred only once in any cal- (B) A groundfish license and a crab endar year. A voluntary transfer is a species license issued based on the transfer other than one pursuant to a legal landings of the same vessel and court order, operation of law, or a secu- initially issued to the same qualified rity agreement. An application for person are not severable and must be transfer that would cause a person to transferred together. exceed the transfer limit of this provi- (ix) Other transfer restrictions. The sion will not be approved. A transfer of transfer of a LLP license that was an Aleutian Island area endorsement as issued based on the documented har- described under paragraph vests from a vessel that did not have (k)(7)(viii)(A) of this section to another an FFP during the period beginning LLP license, or the transfer of a January 1, 1988, through October 8, groundfish license with an Aleutian Is- 1998, must be accompanied by the ves- land area endorsement as described sel from which the documented har- under paragraph (k)(7)(viii)(A) of this vests were made or its replacement section attached to it will be consid- vessel, or if the LLP license and vessel ered to be a transfer of that Aleutian were separated by transfer prior to Island area endorsement. February 7, 1998, then by the vessel (vii) Request to change the designated that is currently being deployed by the vessel. A request to change the vessel license holder. The Regional Adminis- designated on an LLP groundfish or trator will deny a transfer application crab species license must be made on a that requests the transfer of a LLP li- transfer application. If this request is cense that was issued based on the doc- approved and made separately from a umented harvests from a vessel that license transfer, it will count towards did not have an FFP during the period the annual limit on voluntary transfers beginning January 1, 1988, through Oc- specified in paragraph (k)(7)(vi) of this tober 8, 1998, if the appropriate vessel is section. not being transferred as part of the

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same transaction. A license holder of February 9, 1992, but whose vessel was an LLP license that was issued based unable to meet all the criteria in para- on the documented harvests from a graph (k)(4) of this section for a vessel that did not have an FFP during groundfish license or paragraph (k)(5) the period beginning January 1, 1988, of this section for a crab species license through October 8, 1998, may replace because of an unavoidable cir- the vessel from which the documented cumstance (i.e., the vessel was lost, harvests were made with another ves- damaged, or otherwise unable to par- sel that meets the vessel designation ticipate in the license limitation and MLOA requirements specified on groundfish or crab fisheries) may re- the LLP license if the original quali- ceive a license if the qualified person is fying vessel is lost or destroyed. able to demonstrate that: (8) Other provisions. (i) Any person (A) The owner of the vessel at the committing, or a fishing vessel used in time of the unavoidable circumstance the commission of, a violation of the held a specific intent to conduct di- Magnuson-Stevens Fishery Conserva- rected fishing for license limitation tion and Management Act or any regu- groundfish or crab species with that lations issued pursuant thereto, is sub- vessel during a specific time period in ject to the civil and criminal penalty a specific area. provisions and the civil forfeiture pro- (B) The specific intent to conduct di- visions of the Magnuson-Stevens Fish- rected fishing for license limitation ery Conservation and Management Act, groundfish or crab species with that part 621 of this chapter, 15 CFR part 904 vessel was thwarted by a circumstance (Civil Procedure), and other applicable that was: law. Penalties include, but are not lim- (1) Unavoidable. ited to, permanent or temporary sanc- (2) Unique to the owner of that ves- tions to licenses. sel, or unique to that vessel. (ii) Notwithstanding the provisions of (3) Unforeseen and reasonably unfore- the license limitation program in this seeable to the owner of the vessel. part, vessels fishing for species other (C) The circumstance that prevented than license limitation groundfish as the owner from conducting directed defined in § 679.2 that were authorized fishing for license limitation ground- under Federal regulations to inciden- fish or crab species actually occurred. tally catch license limitation ground- (D) Under the circumstances, the fish without a Federal fisheries permit owner of the vessel took all reasonable described at § 679.4(b) will continue to steps to overcome the circumstance be authorized to catch the maximum that prevented the owner from con- retainable bycatch amounts of license ducting directed fishing for license lim- limitation groundfish as provided in itation groundfish or crab species. this part without a groundfish license. (E) Any amount of license limitation (iii) An eligible applicant, who quali- groundfish or appropriate crab species fies for a groundfish license or crab was harvested on the vessel in the spe- species license but whose vessel on cific area that corresponds to the area which the eligible applicant’s qualifica- endorsement or area/species endorse- tion was based was lost or destroyed, ment for which the qualified person will be issued a license. This license: who owned a vessel on June 17, 1995, is (A) Will have the vessel designation applying and that the license limita- of the lost or destroyed vessel. tion groundfish or crab species was (B) Cannot be used to conduct di- harvested after the vessel was pre- rected fishing for license limitation vented from participating by the un- groundfish or to conduct directed fish- avoidable circumstance but before ing for crab species on a vessel that has June 17, 1995. an LOA greater than the MLOA des- (v) A groundfish license or a crab spe- ignated on the license. cies license may be used on a vessel (iv) A qualified person who owned a that complies with the vessel designa- vessel on June 17, 1995, that made a tion on the license and that does not documented harvest of license limita- exceed the MLOA on the license. tion groundfish, or crab species if ap- (9) Pacific cod endorsements in the plicable, between January 1, 1988, and BSAI—(i) General. In addition to other

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requirements of this part, and unless on his or her license to conduct di- specifically exempted in paragraph rected fishing for Pacific cod in the (k)(9)(iv) of this section, a license hold- BSAI. er must have a Pacific cod endorse- (ii) Eligibility requirements for a Pacific ment on his or her groundfish license cod endorsement. This table provides eli- to conduct directed fishing for Pacific gibility requirements for Pacific cod cod with hook-and-line or pot gear in endorsements on an LLP groundfish li- the BSAI. A license holder can only use cense: the specific non-trawl gear(s) indicated

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

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

(iii) Explanations for Pacific cod en- (2) Those harvests were made from a dorsements. (A) All eligibility amounts vessel that was not the vessel used as in the table at paragraph (k)(9)(ii) of the basis of eligibility for the license this section will be determined based holder’s LLP groundfish license, pro- on round weight equivalents. vided that, at the time the endorse- (B) Discards will not count toward ment-qualifying Pacific cod harvests eligibility amounts in the table at were made, the person who owned such paragraph (k)(9)(ii) of this section. Pacific cod endorsement-qualifying (C) Pacific cod harvested for personal fishing history also owned the fishing bait use will not count toward eligi- history of a vessel that satisfied the re- bility amounts in the table at para- quirements for the LLP groundfish li- graph (k)(9)(ii) of this section. cense. (D) A legal landing of Pacific cod in (3) Notwithstanding the provisions of the BSAI for commercial bait will paragraph (k)(9)(iii)(F)(2) of this sec- count toward eligibility amounts in tion, the LLP groundfish license quali- the table at paragraph (k)(9)(ii) of this fying history or the Pacific cod quali- section. fying history of any one vessel may not (E) Harvests within the BSAI will be used to satisfy the requirements for count toward eligibility amounts in issuance of more than one LLP ground- the table at paragraph (k)(9)(ii) of this fish license endorsed for the BSAI Pa- section; however, a license holder will cific cod hook-and-line or pot gear fish- only be able to harvest Pacific cod in eries. the specific areas in the BSAI for (G) Except as provided in paragraph which he or she has an area endorse- 679.4(k)(9)(iii)(D), only harvests of ment. BSAI Pacific cod in the directed fish- (F) Harvests within the BSAI Would ery will count toward eligibility count toward eligibility amounts in amounts. the table at paragraph (k)(9)(ii) of this (iv) Exemptions to Pacific cod endorse- section if: ments. (A) Any vessel exempted from (1) Those harvests were made from the License Limitation Program at the vessel that was used as the basis of paragraph (k)(2) of this section. eligibility for the license holder’s LLP (B) Any catcher vessel less than 60 ft groundfish license, or (18.3 m) LOA.

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(C) Any catch of Pacific cod for per- (i) Unavoidable; sonal use bait. (ii) Unique to the license holder, or (v) Combination of landings and hard- unique to the vessel that was used as ship provision. Notwithstanding the eli- the basis of eligibility for the license gibility requirements in paragraph holder’s groundfish license; and (k)(9)(ii) of this section, a license hold- (iii) Unforeseen and reasonably un- er may be eligible for a Pacific cod en- foreseeable to the license holder. dorsement by meeting the following (2) The circumstance that prevented criteria. the license holder from conducting di- (A) Combination of landings. A license rected fishing for BSAI Pacific cod in a holder may combine the landings of a sunken vessel and the landings of a manner sufficient to meet the landing vessel obtained to replace a sunken requirements in paragraph (k)(9)(ii) ac- vessel to satisfy the eligibility tually occurred; amounts in the table at paragraph (3) The license holder took all reason- (k)(9)(ii) of this section only if he or able steps to overcome the cir- she meets the requirements in para- cumstance that prevented the license graphs (k)(9)(v)(A)(1)–(4) of this section. holder from conducting directed fish- No other combination of landings will ing for BSAI Pacific cod in a manner satisfy the eligibility amounts in the sufficient to meet the landing require- table at paragraph (k)(9)(ii) of this sec- ments in paragraph (k)(9)(ii) of this tion. section; and (1) The sunken vessel was used as the (4) Any amount of Pacific cod was basis of eligibility for the license hold- harvested in the BSAI aboard the ves- er’s groundfish license; sel that was used as the basis of eligi- (2) The sunken vessel sank after Jan- bility for the license holder’s ground- uary 1, 1995; fish license after the vessel was pre- (3) The vessel obtained to replace the vented from participating by the un- sunken vessel was obtained by Decem- avoidable circumstance but before ber 31 of the year 2 years after the April 16, 2000. sunken vessel sank; and (10) Pacific cod endorsements in the (4) The length of the vessel obtained Western and Central GOA—(i) General. to replace the sunken vessel does not In addition to other requirements of exceed the MLOA specified on the li- this part, and unless specifically ex- cense holder’s groundfish license. empted in paragraph (k)(10)(iv) of this (B) Hardship provision. A license hold- section, a license holder must have a er may be eligible for a Pacific cod en- Pacific cod endorsement on his or her dorsement because of unavoidable circumstances if he or she meets the re- groundfish license to conduct directed quirements in paragraphs fishing for Pacific cod in the Western (k)(9)(v)(B)(1)–(4) of this section. For Gulf of Alaska or Central Gulf of Alas- purposes of this hardship provision, the ka with hook-and-line gear, pot gear, term license holder includes the person or jig gear on a vessel using more than whose landings were used to meet the five jig machines, more than one line eligibility requirements for the license per machine, and more than 30 hooks holder’s groundfish license, if not the per line. A license holder can only use same person. the specific non-trawl gear(s) indicated (1) The license holder at the time of on his or her license to conduct di- the unavoidable circumstance held a rected fishing for Pacific cod in the specific intent to conduct directed fish- Western Gulf of Alaska or Central Gulf ing for BSAI Pacific cod in a manner of Alaska. sufficient to meet the landing require- (ii) Eligibility requirements for a Pacific ments in the table at paragraph cod endorsement. This table provides eli- (k)(9)(ii) of this section but that this gibility requirements for Pacific cod intent was thwarted by a circumstance endorsements on an LLP groundfish li- that was: cense:

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

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

(iii) Explanations for Pacific cod en- ment with a catcher/processor and a dorsements. (A) All eligibility amounts hook-and-line gear designation in the in the table at paragraph (k)(10)(ii) of regulatory areas specified to those this section will be determined based groundfish licenses listed in Table 49 to on round weight equivalents. part 679; (B) NMFS shall assign a legal landing (D) If a groundfish license meets the to a groundfish license in an area based criteria described in paragraph only on information contained in the (k)(3)(i)(B)(2) of this section and NMFS official record described in paragraph has redesignated the MLOA of that (k)(10)(v) of this section. groundfish license based on those cri- (C) Notwithstanding the eligibility teria, then NMFS may assign a non- amount in the table at paragraph trawl Pacific cod endorsement with the (k)(10)(ii) of this section, NMFS shall assign a non-trawl Pacific cod endorse-

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specific gear designation(s) and regu- (F) The Regional Administrator will latory area(s) applicable to the redesig- prepare and send an IAD to the appli- nated MLOA of that groundfish license cant following the expiration of the 30- based on the eligibility criteria estab- day evidentiary period if the Regional lished in paragraph (k)(10)(ii) of this Administrator determines that the in- section; and formation or evidence provided by the (E) NMFS may issue groundfish li- person fails to support the person’s censes with non-trawl Pacific cod en- claims and is insufficient to rebut the dorsements to CQEs as specified in presumption that the official record is paragraph (k)(10)(vi) of this section. correct, or if the additional informa- (iv) Exemptions to Pacific cod endorse- tion, evidence, or revised application is ments. Any vessel exempted from the not provided within the time period License Limitation Program at para- specified in the letter that notifies the graph (k)(2) of this section. applicant of his or her 30-day evi- (v) Non-trawl gear recent participation dentiary period. The IAD will indicate official record. (A) The official record the deficiencies with the information, will contain all information used by or with the evidence submitted in sup- the Regional Administrator to deter- port of the information. The IAD will mine the following: also indicate which claims cannot be (1) The number of legal landings and approved based on the available infor- amount of legal landings assigned to a mation or evidence. A person who re- groundfish license for purposes of the ceives an IAD may appeal pursuant to non-trawl gear designation participa- § 679.43. A person who avails himself or tion requirements described in para- herself of the opportunity to appeal an graph (k)(10)(ii) of this section; IAD will receive a non-transferable li- (2) All other relevant information cense pending the final resolution of necessary to administer the require- that appeal, notwithstanding the eligi- ments described in paragraphs bility of that applicant for some claims (k)(3)(i)(B) and (k)(10) of this section. based on consistent information in the (B) The official record is presumed to official record. be correct. A groundfish license holder (vi) Issuance of non-trawl groundfish has the burden to prove otherwise. (C) Only legal landings as defined in licenses to CQEs. (A) Each CQE that has § 679.2 and documented on State of been approved by the Regional Admin- Alaska fish tickets or NMFS weekly istrator under the requirements of production reports will be used to as- § 679.41(l)(3) to represent a community sign legal landings to a groundfish li- listed in Table 50 to part 679 may apply cense. to receive groundfish licenses on behalf (D) If more than one groundfish li- of the communities listed in Table 50 cense holder is claiming the same legal to part 679 that CQE is designated to landing because their groundfish li- represent. In order to receive a ground- cense designated the vessel at the time fish license, a CQE must submit a com- that the legal landing was made, then plete application for a groundfish li- each groundfish license for which the cense to the Regional Administrator, legal landing is being claimed will be NMFS, P.O. Box 21668, Juneau, AK credited with the legal landing. 99802. A CQE may not apply for, and (E) The Regional Administrator will may not receive, more than the max- specify by letter a 30-day evidentiary imum amount of groundfish licenses period during which an applicant may designated in the regulatory area spec- provide additional information or evi- ified for a community listed in Table 50 dence to amend or challenge the infor- to part 679. mation in the official record. A person (B) The application for a CQE to re- will be limited to one 30-day evi- ceive a groundfish license must in- dentiary period. Additional informa- clude: tion or evidence received after the 30- (1) Name of contact person(s) for the day evidentiary period specified in the CQE, NMFS person number, permanent letter has expired will not be consid- business mailing addresses, business ered for purposes of the initial admin- phone, business e-mail, and business istrative determination (IAD). fax;

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(2) A statement describing the proce- (D) The CQE must provide a copy of dures that will be used to determine the annual CQE authorization letter, the distribution of LLP licenses to and any subsequent amendment to that residents of the community rep- authorization letter that is made by resented by that CQE; the CQE to NMFS and the vessel oper- (3) Procedures used to solicit re- ator prior to the person(s) designated quests from residents to be assigned an in the authorization letter using that LLP license; groundfish license aboard a vessel. The (4) Criteria used to determine the dis- vessel operator must maintain a copy tribution of the use of LLP licenses of the annual CQE authorization letter, among qualified community residents and any subsequent amendment to that and the relative weighting of those cri- authorization letter that is made by teria; and the CQE onboard the vessel when that (5) The gear designation of ground- vessel is directed fishing for Pacific cod fish license for which the CQE is apply- under the authority of that groundfish ing provided that the community for license. The authorization letter, and which the CQE is applying is eligible to any subsequent amendment to that au- receive a groundfish license designated thorization letter must be sent to the for the Central Gulf of Alaska and the Regional Administrator, NMFS, P.O. application to receive a groundfish li- Box 21668, Juneau, AK 99802. cense has been received by NMFS not (E) The CQE must attest in the an- later than six months after April 21, nual CQE authorization letter, or any 2011. subsequent amendment to that author- (C) A groundfish license approved for ization letter, that the person(s) using issuance to a CQE by the Regional Ad- a groundfish license issued to a CQE: ministrator for a community listed in Table 50 to part 679: (1) Is a citizen of the United States; (1) May not be transferred to any per- (2) Has maintained a domicile in a son from the CQE; CQE community in the Central GOA or (2) Will have only the regional des- Western GOA eligible to receive an ignation specified for that community LLP license endorsed for Pacific cod as listed in Table 50 to part 679; for the 12 consecutive months imme- (3) Will have an MLOA of 60 feet spec- diately preceding the time when the as- ified on the license; sertion of residence is made; and (4) Will have only a catcher vessel (3) Is not claiming residency in an- designation; other community, state, territory, or (5) Will receive only a non-trawl gear country, except that residents of the endorsement; Village of Seldovia shall be considered (6) Will be assigned a Pacific cod en- to be eligible community residents of dorsement with a non-trawl gear des- the City of Seldovia for the purposes of ignation as specified in paragraph eligibility to serve as an authorized (k)(10)(vi)(D) of this section. person. (7) May not be assigned to any vessel (F) Non-trawl Pacific cod gear en- other than the vessel specified for that dorsements on groundfish licenses ap- groundfish license in the annual CQE proved for issuance to CQEs by the Re- authorization letter; gional Administrator shall have the (8) May not be assigned for use by following gear designations: any person(s) other than the person(s) (1) NMFS will issue only pot gear Pa- specified for that groundfish license in cific cod endorsements for groundfish the annual CQE authorization letter, licenses with a Western Gulf of Alaska or any subsequent amendment to that designation to CQEs on behalf of a authorization letter that is made by community listed in Table 50 to part the CQE provided that NMFS receives 679. that amendment prior to that person (2) NMFS will issue either a pot gear using that groundfish license aboard a or a hook-and-line gear Pacific cod en- vessel; and dorsement for a groundfish license with (9) May not be assigned to more than a Central Gulf of Alaska designation to one vessel per calendar year. CQEs on behalf of a community listed

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in Table 50 to part 679 based on the ap- fishing history of an AFA catcher ves- plication for a groundfish license as de- sel or a listed AFA catcher/processor to scribed in paragraph (k)(10)(vi)(B) of fish for groundfish or crab on a non- this section provided that application AFA catcher vessel or non-AFA catch- is received by NMFS not later than six er/processor. NMFS will identify all months after April 21, 2011. If an appli- such licenses affected by this restric- cation to receive a groundfish license tion and inform the holders of such li- with a Central Gulf of Alaska designa- censes of this restriction through a re- tion on behalf of a community listed in striction printed on the face of the li- Table 50 to part 679 is received later cense. than six months after April 21, 2011, (12) Rockfish QS—(i) General. In addi- NMFS will issue an equal number of tion to other requirements of this part, pot gear and hook-and-line gear Pacific a license holder must have rockfish QS cod endorsements for a groundfish li- on his or her groundfish LLP license to cense issued to the CQE on behalf of a conduct directed fishing for Rockfish community listed in Table 50 to part Program fisheries with trawl gear. 679. In cases where the total number of (ii) Eligibility requirements for rockfish groundfish licenses issued on behalf of QS. The eligibility requirements to re- a community listed in Table 50 to part ceive rockfish QS are established in 679 is not even, NMFS will issue one § 679.80(b). more groundfish license with a pot gear (13) Amendment 80 Program. In addi- Pacific cod endorsement than the num- tion to other requirements of this part, ber of groundfish licenses with a hook- a license holder must have an Amend- and-line gear Pacific cod endorsement. ment 80 LLP license to conduct fishing (G) By January 31, the CQE shall sub- for an Amendment 80 species assigned mit a complete annual report on use of to the Amendment 80 sector. groundfish licenses issued to the CQE (l) AFA permits—(1) General—(i) Appli- for the prior fishing year for each com- cability. In addition to any other per- munity represented by the CQE to the mit and licensing requirements set out Regional Administrator, NMFS, P.O. in this part, any vessel used to engage Box 21668, Juneau, AK 99802, and to the in directed fishing for a non-CDQ allo- governing body of each community rep- cation of pollock in the BS and any resented by the CQE as identified in shoreside processor, stationary floating Table 21 to this part. A complete an- processor, or mothership that receives nual report contains the following in- pollock harvested in a non-CDQ di- formation: rected pollock fishery in the BS must (1) The number of community resi- have a valid AFA permit onboard the dents requesting a groundfish license; vessel or at the facility location at all (2) A description of the distribution times while non-CDQ pollock is being of groundfish licenses among commu- harvested or processed. In addition, the nity residents; owner of any vessel that is a member of (3) Vessels assigned to use the a pollock cooperative in the BS must groundfish licenses; also have a valid AFA permit for every (4) The number and residency of crew vessel that is a member of the coopera- employed on a vessel using the LLP li- tive, regardless of whether or not the cense; and vessel actually engages in directed (5) Any payments made to CQEs for fishing for pollock in the BS. Finally, use of the LLP licenses. Consistent an AFA permit does not exempt a ves- with the timeline required for submis- sel operator, vessel, or processor from sion of the CQE annual report for the any other applicable permit or licens- use of halibut and sablefish IFQ, these ing requirement required under this annual reports are due by January 31 part or in other state or Federal regu- for the prior fishing year for each com- lations. munity represented by the CQE. (ii) Duration—(A) Expiration of interim (11) Restrictions on licenses earned on AFA permits. All interim AFA vessel AFA catcher vessels and listed AFA and processor permits issued prior to catcher/processors. No person may use January 1, 2002, will expire on Decem- an LLP license that was derived in ber 31, 2002, unless extended or re- whole or in part from the qualifying issued by NMFS.

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(B) Duration of final AFA permits. Ex- (M) SEATTLE ENTERPRISE (USCG cept as provided in paragraphs documentation number 904767); (l)(5)(v)(B)(3) and (l)(6)(iii) of this sec- (N) US ENTERPRISE (USCG docu- tion, AFA vessel and processor permits mentation number 921112); issued under this paragraph (l) will (O) ARCTIC STORM (USCG docu- have no expiration date, and are valid mentation number 903511); indefinitely unless suspended or re- (P) ARCTIC FJORD (USCG docu- voked. mentation number 940866); (C) Surrender of AFA permits. Except (Q) NORTHERN GLACIER (USCG for AFA inshore processor permits, documentation number 663457); AFA permits may not be surrendered. (R) PACIFIC GLACIER (USCG docu- (iii) Application for permit. NMFS will mentation number 933627); issue AFA vessel and processor permits (S) HIGHLAND LIGHT (USCG docu- to the current owner(s) of a qualifying mentation number 577044); vessel or processor if the owner(s) sub- (T) STARBOUND (USCG documenta- mits to the Regional Administrator a tion number 944658). completed AFA permit application that is subsequently approved. (ii) Unlisted AFA catcher/processors. (iv) Amended permits. AFA vessel and NMFS will issue to an owner of a processor permits may not be used on catcher/processor an unlisted AFA or transferred to any vessel or proc- catcher/processor permit if the catcher/ essor that is not listed on the permit. processor is not listed in § 679.4(l)(2)(i) However, AFA permits may be amend- and is determined by the Regional Ad- ed by NMFS to reflect any change in ministrator to have harvested more the ownership of the vessel or proc- than 2,000 mt of pollock in the 1997 essor after submittal of this informa- BSAI directed pollock fishery. tion to NMFS in a written letter. (iii) Application for AFA catcher/proc- (2) AFA catcher/processor permits— essor permit. A completed application (i) Listed AFA catcher/processors. for an AFA catcher/processor permit NMFS will issue to an owner of a must contain: catcher/processor a listed AFA catcher/ (A) Vessel information. The vessel processor permit if the catcher/proc- name, ADF&G registration number, essor is one of the following (as listed USCG documentation number, vessel in AFA paragraphs 208(e)(1) through telephone number (if any), gross tons, (20)): shaft horsepower, and registered length (A) AMERICAN DYNASTY (USCG (in feet); documentation number 951307); (B) Ownership information. The man- (B) KATIE ANN (USCG documenta- aging owner name(s), tax ID number(s), tion number 518441); signature(s), business mailing ad- (C) AMERICAN TRIUMPH (USCG dress(es), business telephone num- documentation number 646737); ber(s), business fax number(s), business (D) NORTHERN EAGLE (USCG docu- e-mail address(es), and managing com- mentation number 506694); pany (if any); (E) NORTHERN HAWK (USCG docu- (3) AFA catcher vessel permits. NMFS mentation number 643771); will issue to an owner of a catcher ves- (F) NORTHERN JAEGER (USCG doc- sel an AFA catcher vessel permit con- umentation number 521069); taining sector endorsements and (G) OCEAN ROVER (USCG docu- sideboard restrictions upon receipt and mentation number 552100); approval of a completed application for (H) ALASKA OCEAN (USCG docu- an AFA catcher vessel permit. mentation number 637856); (i) Qualifying criteria—(A) Catcher ves- (I) ENDURANCE (USCG documenta- sels delivering to catcher/processors. tion number 592206); NMFS will endorse an AFA catcher (J) AMERICAN ENTERPRISE (USCG vessel permit to authorize directed documentation number 594803); fishing for pollock for delivery to a (K) ISLAND ENTERPRISE (USCG catcher/processor if the catcher vessel: documentation number 610290); (1) Is one of the following (as listed in (L) KODIAK ENTERPRISE (USCG paragraphs 208(b)(1) through (7) of the documentation number 579450); AFA):

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AMERICAN CHALLENGER (USCG docu- (xvi) PAPADO II (USCG documenta- mentation number 633219); tion number 536161); FORUM STAR (USCG documentation num- (xvii) TRAVELER (USCG documenta- ber 925863); tion number 929356); MUIR MILACH (USCG documentation number 611524); (xviii) VESTERAALEN (USCG docu- NEAHKAHNIE (USCG documentation mentation number 611642); number 599534); (xix) WESTERN DAWN (USCG docu- OCEAN HARVESTER (USCG documenta- mentation number 524423); tion number 549892); (xx) LISA MARIE (USCG documenta- SEA STORM (USCG documentation num- tion number 1038717); or ber 628959); (2) Is not listed in § 679.4(l)(3)(i)(B)(1) TRACY ANNE (USCG documentation number 904859); or and is determined by the Regional Ad- ministrator to have delivered at least (2) Is not listed in § 679.4(l)(3)(i)(A)(1) 250 mt of pollock for processing by and is determined by the Regional Ad- motherships in the offshore component ministrator to have delivered at least of the BSAI directed pollock fishery in 250 mt and at least 75 percent of the any one of the years 1996 or 1997, or be- pollock it harvested in the directed tween January 1, 1998, and September BSAI pollock fishery in 1997 to catcher/ 1, 1998, and is not eligible for an en- processors for processing by the off- dorsement to deliver pollock to catch- shore component. er/processors under § 679.4(l)(3)(i)(A). (B) Catcher vessels delivering to AFA (C) Catcher vessels delivering to AFA motherships. NMFS will endorse an inshore processors. NMFS will endorse AFA catcher vessel permit to authorize an AFA catcher vessel permit to au- directed fishing for pollock for delivery thorize directed fishing for pollock for to an AFA mothership if the catcher delivery to an AFA inshore processor if vessel: the catcher vessel is: (1) Is one of the following (as listed in (1) One of the following vessels au- paragraphs 208(c)(1) through (20) and in thorized by statute to engage in di- subsection 211(e) of the AFA): rected fishing for inshore sector pol- (i) ALEUTIAN CHALLENGER (USCG lock: documentation number 603820); (ii) ALYESKA (USCG documentation HAZEL LORRAINE (USCG documentation number 560237); number 592211), (iii) AMBER DAWN (USCG docu- LISA MARIE (USCG documentation number 1038717), mentation number 529425); PROVIDIAN (USCG documentation num- (iv) AMERICAN BEAUTY (USCG doc- ber 1062183); or umentation number 613847); (v) CALIFORNIA HORIZON (USCG (2) Is not listed in § 679.4(l)(3)(i)(A), documentation number 590758); and: (vi) MAR-GUN (USCG documentation (i) Is determined by the Regional Ad- number 525608); ministrator to have delivered at least (vii) MARGARET LYN (USCG docu- 250 mt of pollock harvested in the di- mentation number 615563); rected BSAI pollock fishery for proc- (viii) MARK I (USCG documentation essing by the inshore component in any number 509552); one of the years 1996 or 1997, or between (ix) MISTY DAWN (USCG docu- January 1, 1998, and September 1, 1998; mentation number 926647); or (x) NORDIC FURY (USCG docu- (ii) Is less than 60 ft (18.1 meters) LOA mentation number 542651); and is determined by the Regional Ad- (xi) OCEAN LEADER (USCG docu- ministrator to have delivered at least mentation number 561518); 40 mt of pollock harvested in the di- (xii) OCEANIC (USCG documentation rected BSAI pollock fishery for proc- number 602279); essing by the inshore component in any (xiii) PACIFIC ALLIANCE (USCG one of the years 1996 or 1997, or between documentation number 612084); January 1, 1998, and September 1, 1998. (xiv) PACIFIC CHALLENGER (USCG (ii) Application for AFA catcher vessel documentation number 518937); permit. A completed application for an (xv) PACIFIC FURY (USCG docu- AFA catcher vessel permit must con- mentation number 561934); tain:

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(A) Vessel information. The vessel listed in paragraphs 208(d)(1) through name, ADF&G registration number, (3) of the AFA): USCG documentation number, vessel telephone number (if any), gross tons, EXCELLENCE (USCG documentation number 967502); shaft horsepower, and registered length GOLDEN ALASKA (USCG documentation (in feet); number 651041); and (B) Ownership information. The man- OCEAN PHOENIX (USCG documentation aging owner name(s), tax ID number(s), number 296779). signature(s), business mailing address(es), business telephone num- (i) [Reserved] ber(s), business fax number(s), business (ii) Application for AFA mothership e-mail address(es), and managing com- permit. A completed application for an pany (if any); AFA mothership permit must contain: (C) Vessel AFA qualification informa- (A) Type of permit requested. Type of tion. The AFA catcher vessel permit processor and whether requesting an sector endorsement(s) requested. AFA cooperative endorsement. (D) [Reserved] (B) Vessel information. The (E) Vessel exemptions from AFA catcher mothership name, ADF&G processor vessel groundfish sideboard directed fish- code, USCG documentation number, ing closures. An AFA catcher vessel per- Federal fisheries permit number, gross mit may contain exemptions from cer- tons, shaft horsepower, and registered tain groundfish sideboard directed fish- length (in feet). ing closures. If a vessel owner is re- (C) Ownership information. The man- questing such an exemption, the appli- aging owner name(s), tax ID number(s), cation must provide supporting docu- signature(s), business mailing ad- mentation that the catcher vessel dress(es), business telephone num- qualifies for the exemption based on ber(s), business fax number(s), business the following criteria. The Regional e-mail address(es), and managing com- Administrator will review the vessel’s pany (if any); catch history according to the fol- (5) AFA inshore processor permits. lowing criteria: NMFS will issue to an owner of a (1) BSAI Pacific cod. For a catcher vessel to qualify for an exemption from shoreside processor or stationary float- AFA catcher vessel sideboards in the ing processor an AFA inshore processor BSAI Pacific cod fishery, the catcher permit upon receipt and approval of a vessel must: Be less than 125 ft (38.1 m) completed application. LOA, have landed a combined total of (i) Qualifying criteria—(A) Unrestricted less than 5,100 mt of BSAI pollock in processors. NMFS will issue an unre- the BSAI directed pollock fishery from stricted AFA inshore processor permit 1995 through 1997, and have made 30 or to a shoreside processor or stationary more legal landings of Pacific cod in floating processor if the Regional Ad- the BSAI directed fishery for Pacific ministrator determines that the proc- cod from 1995 through 1997. essor facility processed annually more (2) GOA groundfish species. For a than 2,000 mt round-weight of pollock catcher vessel to qualify for an exemp- harvested in the inshore component of tion from AFA catcher vessel the directed BSAI pollock fishery dur- sideboards in the GOA groundfish fishing each of 1996 and 1997. eries, the catcher vessel must: Be less (B) Restricted processors. NMFS will than 125 ft (38.1 m) LOA, have landed a issue a restricted AFA inshore proc- combined total of less than 5,100 mt of essor permit to a shoreside processor or BSAI pollock in the BSAI directed pol- stationary floating processor if the Re- lock fishery from 1995 through 1997, and gional Administrator determines that made 40 or more legal landings of GOA the facility processed pollock har- groundfish in a directed fishery for vested in the inshore component of the GOA groundfish from 1995 through 1997. directed BSAI pollock fishery during (4) AFA mothership permits. NMFS will 1996 or 1997, but did not process annu- issue to an owner of a mothership an ally more than 2,000 mt round-weight AFA mothership permit if the of BSAI pollock during each of 1996 and mothership is one of the following (as 1997.

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(ii) Surrender of permit. An AFA business e-mail address used on board inshore processor permit may be volun- the vessel. tarily surrendered in accordance with (C) Shoreside processor information. paragraph (a)(9) of this section. The The processor name, Federal processor AFA inshore processor permit will not permit number, ADF&G processor be reissued in the same fishing year in code, business street address; business which it was surrendered, but may be telephone and FAX numbers, and busi- reapplied for and if approved, reissued ness e-mail address. to the permit holder of record in a sub- (D) Ownership information. The man- sequent fishing year. Contact NMFS/ aging owner name(s), tax ID number(s), RAM for more information by tele- signature(s), business mailing ad- phone, locally at 907–586–7202 (Option dress(es), business telephone num- #2) or toll-free at 800–304–4846 (Option ber(s), business fax number(s), business #2). e-mail address(es), and managing com- (iii) Single geographic location require- pany (if any); ment. An AFA inshore processor permit (v) Authorization of new AFA inshore authorizes the processing of pollock processors. If the Council recommends harvested in the BS subarea directed and NMFS approves a combined BSAI pollock fishery only in a single geo- pollock TAC that exceeds 1,274,900 mt graphic location during a reporting for any fishing year, or in the event of week. For the purposes of this para- the actual total loss or constructive graph, single geographic location loss of an existing AFA inshore proc- means: essor, the Council may recommend (A) Shoreside processors. The physical that an additional inshore processor location at which the land-based shore- (or processors) be issued AFA inshore side processor first processed pollock processing permits. harvested from the BS subarea directed pollock fishery during a fishing year. (A) Timing of Council action. At any time prior to or during a fishing year (B) Stationary floating processors in which the combined BSAI pollock (SFP). A geographic position within State of Alaska waters of the BS sub- TAC exceeds 1,274,900 mt, or at any area and that is within a 5 nm radius of time after the actual total loss or con- the latitude and longitude reported in structive total loss of an existing AFA the check-in and check-out reports at inshore processor, the Council may, § 679.5(h)(5)(ix)(B). An AFA SFP cannot after opportunity for public comment, change its single geographic location recommend that an additional inshore more than four times within State of processor (or processors) be issued AFA Alaska waters in the BS subarea to inshore processor permits. process pollock harvested in a BS sub- (B) Required elements in Council rec- area directed pollock fishery during a ommendation. Any recommendation fishing year and cannot use more than from the Council to add an additional one single geographic location during a inshore processor (or processors) must reporting week. include the following information: (iv) Application for permit. A com- (1) Identification of inshore proc- pleted application for an AFA inshore essor(s). The Council recommendation processor permit must contain: must identify by name the inshore (A) Type of permit requested. Type of processor(s) to which AFA inshore processor, whether requesting an AFA processor permits would be issued; cooperative endorsement, and amount (2) Type of AFA inshore processor per- of BSAI pollock processed in 1996 and mit(s). The Council recommendation 1997; must specify whether the identified (B) Stationary floating processor infor- inshore processor(s) should be issued a mation. The vessel name, ADF&G proc- restricted or unrestricted AFA inshore essor code, USCG documentation num- processor permit. ber, Federal processor permit number, (3) Duration of permit. The Council gross tons, shaft horsepower, registered recommendation must specify the rec- length (in feet), and business telephone ommended duration of the permit. Per- number, business FAX number, and mit duration may be for any duration

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from a single fishing season to the du- the processor to whom the cooperative ration of section 208 of the AFA. Alter- has agreed to deliver at least 90 percent natively, the Council may recommend of its BS pollock catch; that the permit be valid as long as the (C) Cooperative contract information. A conditions that led to the permit re- copy of the cooperative contract and a main in effect. For example, the Coun- written certification that: cil could recommend that a permit (1) The contract was signed by the issued under this paragraph remain owners of at least 80 percent of the valid as long as the combined annual qualified catcher vessels; BSAI pollock TAC remains above (2) The cooperative contract requires 1,274,900 mt. or a lost AFA inshore that the cooperative deliver at least 90 processor is not reconstructed. percent of its BS pollock catch to its (4) Council procedures. The Council designated AFA processor; and may establish additional procedures for (3) Each catcher vessel in the cooper- the review and approval of requests to ative is a qualified catcher vessel and authorize additional AFA inshore proc- is otherwise eligible to fish for ground- essors. However, such procedures must fish in the BSAI, has an AFA catcher be consistent with the Magnuson-Ste- vessel permit with an inshore endorse- vens Act, the national standards, and ment, and has no permit sanctions or other applicable law. other type of sanctions against it that (5) Action by NMFS. Upon receipt of a would prevent it from fishing for recommendation from the Council to groundfish in the BSAI; authorize additional AFA inshore proc- (D) Qualified catcher vessels. For the essors, NMFS may issue an AFA purpose of this paragraph, a catcher inshore processor permit to the identi- vessel is a qualified catcher vessel if it fied inshore processor(s) of the type meets the following permit and landing and duration recommended by the requirements: Council, provided the Council has met (1) Permit requirements—(i) AFA per- the requirements identified in para- mit. The vessel must have a valid AFA graphs (l)(5)(v)(B)(1) through (4) of this catcher vessel permit with an inshore section, and the owner(s) of the identi- endorsement; fied inshore processor has submitted a (ii) LLP permit. The vessel must be completed application for an AFA named on a valid LLP permit author- inshore processor permit that is subse- izing the vessel to engage in trawling quently approved. for pollock in the Bering Sea subarea. (6) Inshore cooperative fishing permits— If the vessel is more than 60 feet (18.3 (i) General. NMFS will issue to an m) LOA, the vessel must be named on inshore catcher vessel cooperative a valid LLP permit endorsed for the AI formed pursuant to 15 U.S.C. 521 for the to engage in trawling for pollock in the purpose of cooperatively managing di- AI; and rected fishing for pollock for proc- (iii) Permit sanctions. The vessel has essing by an AFA inshore processor an no permit sanctions that otherwise AFA inshore cooperative fishing per- make it ineligible to engage in fishing mit upon receipt and approval of a for pollock in the BSAI. completed application. (2) Landing requirements—(i) Active (ii) Application for permit. A com- vessels. The vessel delivered more pol- pleted application for an inshore coop- lock harvested in the BS inshore di- erative fishing permit must contain rected pollock fishery to the AFA the following information: inshore processor designated under (A) Cooperative contact information. paragraph (l)(6)(ii)(B) of this section Name of cooperative; name of coopera- than to any other shoreside processor tive representative; and business mail- or stationary floating processor during ing address, business telephone num- the year prior to the year in which the ber, business fax number, and business cooperative fishing permit will be in ef- e-mail address of the cooperative; fect; or (B) Designated cooperative processor. (ii) Inactive vessels. The vessel deliv- The name and physical location of an ered more pollock harvested in the BS AFA inshore processor that is des- inshore directed pollock fishery to the ignated in the cooperative contract as AFA inshore processor designated

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under paragraph (l)(6)(ii)(B) of this sec- structive total loss of an AFA catcher tion than to any other shoreside proc- vessel, AFA mothership, or AFA catch- essor or stationary floating processor er/processor, the owner of such vessel during the last year in which the vessel may replace such vessel with a replace- delivered BS pollock harvested in the ment vessel. The replacement vessel BS directed pollock fishery to an AFA will be eligible in the same manner as inshore processor. the original vessel after submission (iii) Harvests under contract to a coop- and approval of an application for an erative. Any landings made by a vessel AFA replacement vessel, provided that: operating under contract to an inshore (A) Such loss was caused by an act of cooperative in which it was not a mem- God, an act of war, a collision, an act ber will not be used to determine eligi- or omission of a party other than the bility under paragraph (l)(6)(ii)(D)(2). (E) Business review letter. A copy of a owner or agent of the vessel, or any letter from a party to the contract re- other event not caused by the willful questing a business review letter on misconduct of the owner or agent; the fishery cooperative from the De- (B) The replacement vessel was built partment of Justice and of any re- in the United States and, if ever re- sponse to such request; built, rebuilt in the United States; (F) Vessel information. For each coop- (C) The USCG certificate of docu- erative catcher vessel member: Vessel mentation with fishery endorsement name, ADF&G registration number, for the replacement vessel is issued USCG documentation number, AFA within 36 months of the end of the last permit number; and year in which the eligible vessel har- (G) Certification of notary and appli- vested or processed pollock in the di- cant. Signature and printed name of co- rected pollock fishery; operative representative, date of signa- (D) If the eligible vessel is greater ture, and notary stamp or seal, signa- than 165 ft (50.3 meters (m)) in reg- ture and date commission expires of a istered length, or more than 750 gross notary public. registered tons, or has engines capable (iii) Duration of cooperative fishing of producing more than 3,000 shaft permits. Inshore cooperative fishing horsepower, the replacement vessel is permits are valid for 1 calendar year. of the same or lesser registered length, (iv) Addition or subtraction of vessels. The cooperative representative must gross registered tons, and shaft horse- submit a new application to add or sub- power; tract a catcher vessel to or from an (E) If the eligible vessel is less than inshore cooperative fishing permit to 165 ft (50.3 m) in registered length, the Regional Administrator prior to fewer than 750 gross registered tons, the application deadline. Upon ap- and has engines incapable of producing proval by the Regional Administrator, more than 3,000 shaft horsepower, the NMFS will issue an amended coopera- replacement vessel is less than each of tive fishing permit. such thresholds and does not exceed by (v) Application deadline. An inshore more than 10 percent the registered cooperative fishing permit application length, gross registered tons, or shaft and any subsequent contract amend- horsepower of the eligible vessel; and ments that add or subtract vessels (F) If the replacement vessel is al- must be received by the Regional Ad- ready an AFA catcher vessel, the ministrator by December 1 prior to the inshore cooperative catch history of year in which the inshore cooperative both vessels may be merged in the re- fishing permit will be in effect. Inshore placement vessel for the purpose of de- cooperative fishing permit applications termining inshore cooperative alloca- or amendments to inshore fishing coop- tions except that a catcher vessel with erative permits received after Decem- an endorsement to deliver pollock to ber 1 will not be accepted by the Re- gional Administrator for the subse- AFA catcher/processors may not be si- quent fishing year. multaneously endorsed to deliver pol- (7) Replacement vessels. (i) In the lock to AFA motherships or AFA event of the actual total loss or con- inshore processors.

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(G) Replacement of replacement ves- public, and date notary commission ex- sels. In the event that a permitted re- pires. placement vessel is lost under the cir- (8) Application evaluations and ap- cumstances described in paragraph peals—(i) Initial evaluation. The Re- (l)(7)(i)(A) of this section, the replace- gional Administrator will evaluate an ment vessel may be replaced according application for an AFA fishing or proc- to the provisions of this paragraph essing permit submitted in accordance (l)(7). However, the maximum length, with paragraph (1) of this section and tonnage, and horsepower of any subse- compare all claims in the application quent replacement vessels are deter- with the information in the official mined by the length, tonnage, and AFA record. Claims in the application horsepower of the originally qualifying that are consistent with information in AFA vessel and not by those of any the official AFA record will be accept- subsequent replacement vessels. ed by the Regional Administrator. In- (ii) Application for permit. A com- consistent claims in the application, pleted application for an AFA permit unless supported by evidence, will not for a replacement vessel must contain: be accepted. An applicant who submits (A) Identification of lost AFA eligible claims based on inconsistent informa- vessel. tion or fails to submit the information (1) Name, ADF&G vessel registration specified in the application for an AFA number, USCG documentation number, permit will be provided a single 60-day AFA permit number, gross tons, shaft evidentiary period to submit the speci- horsepower, and registered length from fied information, submit evidence to USCG documentation of the vessel; verify the applicant’s inconsistent (2) Name(s), tax ID number(s), busi- claims, or submit a revised application ness mailing address(es), telephone with claims consistent with informa- number(s), FAX number(s), and e-mail tion in the official AFA record. An ap- address(es) of owner(s); plicant who submits claims that are in- (3) The last year in which the vessel consistent with information in the offi- harvested or processed pollock in a cial AFA record has the burden of prov- BSAI directed pollock fishery; and ing that the submitted claims are cor- (4) Description of how the vessel was rect. lost or destroyed. Attach a USCG Form (ii) Additional information and evi- 2692 or insurance papers to verify the dence. The Regional Administrator will claim. evaluate the additional information or (B) Identification of replacement vessel. evidence to support an applicant’s (1) Name, ADF&G vessel registration claims submitted within the 60-day evi- number, USCG documentation number, dentiary period. If the Regional Admin- gross tons, shaft horsepower, registered istrator determines that the additional length, net tons from USCG docu- information or evidence meets the ap- mentation, length overall (in feet), and plicant’s burden of proving that the in- Federal Fisheries Permit number of consistent claims in his or her applica- the vessel; tion are correct, the official AFA (2) Name(s), tax ID number(s), busi- record will be amended and the infor- ness mailing address(es), business tele- mation will be used in determining phone number(s), business FAX num- whether the applicant is eligible for an ber(s), and business e-mail address(es) AFA permit. However, if the Regional of the owner(s); Administrator determines that the ad- (3) YES or NO indication of whether ditional information or evidence does the vessel was built in the United not meet the applicant’s burden of States; and proving that the inconsistent claims in (4) YES or NO indication of whether his or her application is correct, the the vessel has ever been rebuilt, and if applicant will be notified by an initial so whether it was rebuilt in the United administrative determination that the States. applicant did not meet the burden of (C) Certification of applicant and no- proof to change information in the offi- tary. Signature(s) and printed name(s) cial AFA record. of owner(s) and date of signature; sig- (iii) Sixty-day evidentiary period. The nature, notary stamp or seal of notary Regional Administrator will specify by

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letter a 60-day evidentiary period dur- trary to the Official Record will expire ing which an applicant may provide ad- upon final agency action. ditional information or evidence to (v) Effect of cooperative allocation ap- support the claims made in his or her peals. An AFA inshore cooperative may application, or to submit a revised ap- appeal the pollock quota share issued plication with claims consistent with to the cooperative under § 679.62; how- information in the official AFA record, ever, final agency action on the appeal if the Regional Administrator deter- must occur prior to December 1 for the mines that the applicant did not meet results of the appeal to take effect dur- the burden of proving that the informa- ing the subsequent fishing year. tion on the application is correct (m) Participation in the AI directed pol- through evidence provided with the ap- lock fishery—(1) Applicability. Har- plication. Also, an applicant who fails vesting pollock in the AI directed pol- to submit required information will lock fishery and processing pollock have 60 days to provide that informa- taken in the AI directed pollock fish- tion. An applicant will be limited to ery is authorized only for those har- one 60-day evidentiary period. Addi- vesters and processors that are selected tional information or evidence, or a re- by the Aleut Corporation and approved vised application received after the 60- by the Regional Administrator to har- day evidentiary period specified in the vest pollock in the AI directed pollock letter has expired will not be consid- fishery or to process pollock taken in ered for the purposes of the initial ad- the AI directed pollock fishery. ministrative determination. (2) Annual selection of participants by (iv) Initial administrative determina- the Aleut Corporation. Each year and at tions (IAD). The Regional Adminis- least 14 days before harvesting pollock trator will prepare and send an IAD to in the AI directed pollock fishery or the applicant following the expiration processing pollock harvested in the AI of the 60-day evidentiary period if the directed pollock fishery, a participant Regional Administrator determines must be selected by the Aleut Corpora- that the information or evidence pro- tion and the following information for vided by the applicant fails to support each participant must be submitted by the applicant’s claims and is insuffi- the designated contact to the Regional cient to rebut the presumption that Administrator: the official AFA record is correct or if (i) Vessel or processor name; the additional information, evidence, (ii) Federal fisheries permits number or revised application is not provided issued under paragraph (b) of this sec- within the time period specified in the tion or Federal processor permit issued letter that notifies the applicant of his under paragraph (f) of this section; and or her 60-day evidentiary period. The (iii) The fishing year which participa- IAD will indicate the deficiencies in tion approval is requested. the application, including any deficiencies with the information, the evi- (3) Participant approval. (i) Partici- dence submitted in support of the in- pants must have: formation, or the revised application. (A) A valid Federal fisheries permit The IAD will also indicate which or Federal processing permit, pursuant claims cannot be approved based on the to paragraphs (b) and (f) of this section, available information or evidence. An respectively; applicant who receives an IAD may ap- (B) A valid fishery endorsement on peal under the appeals procedures set the vessel’s U.S. Coast Guard docu- out at § 679.43. An applicant who avails mentation for the vessel’s participa- himself or herself of the opportunity to tion in the U. S. fishery; and appeal an IAD will receive an interim (C) A valid AFA permit under: para- AFA permit that authorizes a person to graph (l)(2) of this section for all catch- participate in an AFA pollock fishery er/processors, paragraph (l)(3) of this and will have the specific endorse- section for all catcher vessels greater ments and designations based on the than 60 ft (18.3 m) LOA, or paragraph claims in his or her application. An in- (l)(4) of this section for all terim AFA permit based on claims con- motherships.

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(ii) Each participant selected by the dence. A participant who receives an Aleut Corporation that meets the con- IAD may appeal under the appeals pro- ditions under paragraph (m)(3)(i) of cedures set out at § 679.43. A participant this section will be approved by the Re- who avails himself or herself of the op- gional Administrator for participation portunity to appeal an IAD will receive in the AI directed pollock fishery. an interim approval from NMFS au- (iii) The Regional Administrator will thorizing participation in the AI di- provide to the designated contact for rected pollock fishery. An interim ap- the Aleut Corporation the identity of proval based on claims contrary to the each approved participant and the date final determination will expire upon upon which participation in the AI di- final agency determination. rected pollock fishery may commence. (n) Rockfish Program—(1) Cooperative The Aleut Corporation shall forward to quota (CQ). (i) A CQ permit is issued the approved participants a copy of annually to a rockfish cooperative if NMFS’s approval letter before har- the members of that rockfish coopera- vesting or processing occurs. tive have submitted a complete and (iv) A copy of NMFS’ approval letter timely application for CQ as described for participating in the AI directed pol- at § 679.81(e)(4) that is subsequently ap- lock fishery during the fishing year proved by the Regional Administrator. must be on site at the shoreside proc- A CQ permit authorizes a rockfish co- essor or stationary floating processor, operative to participate in the Rock- or on board the vessel at all times and fish Program. The CQ permit will indi- must be presented for inspection upon cate the amount of primary rockfish the request of any authorized officer. species and secondary species that may (4) Participant disapproval. (i) The Re- be harvested by the rockfish coopera- gional Administrator shall disapprove tive, and the amount of rockfish hal- any participant that does not meet the ibut PSC that may be used by the rock- conditions under paragraph (m)(3)(i) of fish cooperative. The CQ permit will this section. The Regional Adminis- list the members of the rockfish coop- trator will notify in writing the Aleut erative, the vessels that are authorized Corporation and the selected partici- to fish under the CQ permit for that pant of the disapproval. The selected rockfish cooperative, and the eligible participant will have 30 days in which rockfish processor with whom that to submit proof of meeting the require- rockfish cooperative is associated, if ments to participate in the AI directed applicable. pollock fishery. (ii) A CQ permit is valid under the (ii) The Regional Administrator will following circumstances: prepare and send an initial administra- (A) Until the end of the year for tive determinations (IAD) to the se- which the CQ permit is issued; lected participant following the expira- (B) Until the amount harvested is tion of the 30-day evidentiary period if equal to the amount specified on the the Regional Administrator determines CQ permit for all primary rockfish spe- that the information or evidence pro- cies, secondary species, and rockfish vided by the selected participant fails halibut PSC; to support the participant’s claims and (C) Until the permit is modified by is insufficient to rebut the presumption transfers under § 679.81(f); that the disapproval for participation (D) Until the permit is voided in the AI directed pollock fishery is through an approved rockfish coopera- correct or if the additional information tive termination of fishing declaration; or evidence is not provided within the or time period specified in the letter that (E) Until the permit is revoked, sus- notifies the applicant of his or her 30- pended, or modified pursuant to § 679.43 day evidentiary period. The IAD will or under 15 CFR part 904. indicate the deficiencies in the infor- (iii) A legible copy of the CQ permit mation required, including the evi- must be carried on board the vessel(s) dence submitted in support of the in- used by the rockfish cooperative. formation. The IAD also will indicate (2) Rockfish cooperative termination of which claims cannot be approved based fishing declaration. (i) A rockfish coop- on the available information or evi- erative may choose to extinguish its

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CQ permit through a declaration sub- (A) Until the permit is modified by mitted to NMFS. transfers under § 679.81(g); or (ii) This declaration may only be sub- (B) Until the permit is revoked, sus- mitted to NMFS using the following pended, or modified pursuant to § 679.43 methods: or 15 CFR part 904. (A) Fax: 907–586–7354; (iii) A legible copy of the eligible (B) Hand Delivery or Carrier. NMFS, rockfish processor permit must be Room 713, 709 4th Street, Juneau, AK available at the facility at which Rock- 99801; or fish Program fish are received. (C) By mail: Restricted Access Man- (o) Amendment 80 Program—(1) Amend- agement Program, NMFS, P.O. Box ment 80 QS permit. (i) An Amendment 80 21668, Juneau, AK 99802–1668 QS permit is issued to a person who (iii) A Rockfish cooperative termi- submits a timely and complete applica- nation of fishing declaration must in- tion for Amendment 80 QS that is ap- clude the following information: proved by NMFS under § 679.90(b). (A) CQ permit number; (ii) An Amendment 80 QS permit is (B) The date the declaration is sub- assigned to the owner of an Amend- mitted; and ment 80 vessel that gave rise to that (C) The rockfish cooperative’s legal permit under the provisions of name, NMFS Person ID, the permanent § 679.90(b), unless the Amendment 80 QS business address, telephone number, permit is assigned to the holder of an fax number, and e-mail address (if LLP license originally assigned to an available) of the rockfish cooperative Amendment 80 vessel under the provi- or its designated representative, and sions of § 679.90(d) or § 679.90(e). the printed name and signature of the (iii) If an Amendment 80 QS permit is designated representative of the rock- assigned to the owner of an Amend- fish cooperative. ment 80 vessel the Amendment 80 QS (iv) NMFS will review the declara- permit will designate the Amendment tion and notify the rockfish coopera- 80 vessel to which that permit is as- tive’s designated representative once signed. the declaration has been approved. (iv) If an Amendment 80 QS permit is (v) Upon approval of a declaration, assigned to the holder of an LLP li- the CQ for all primary rockfish species cense originally assigned to an Amend- and secondary species will be set to ment 80 vessel under the provisions of zero, rockfish halibut PSC assigned to § 679.90(d)(2)(ii) or § 679.90(e)(4), the that rockfish cooperative will be re- Amendment 80 QS permit will be per- apportioned under the provisions de- manently affixed to the LLP license scribed at § 679.21(d)(5)(iii)(B) and that originally assigned to an Amendment rockfish cooperative may not receive 80 vessel which will be designated as an any CQ for any primary rockfish spe- Amendment 80 LLP/QS license. cies, secondary species, and rockfish (v) Amendment 80 QS units assigned halibut PSC by transfer for the remain- to an Amendment 80 QS permit are der of that calendar year. non-severable from that Amendment 80 (3) Eligible rockfish processor. (i) The QS permit and if transferred, the Regional Administrator will issue an Amendment 80 QS permit must be eligible rockfish processor permit to transferred in its entirety to another persons who have submitted a complete person under the provisions of application described at § 679.81(d), that § 679.90(e). is subsequently approved by the Re- (vi) A person must hold an Amend- gional Administrator. An eligible rock- ment 80 LLP license to hold an Amend- fish processor permit authorizes a ment 80 QS permit. shoreside processor or stationary float- (2) Amendment 80 Cooperative quota ing processor to receive fish harvested (CQ) permit. (i) A CQ permit is issued under the Rockfish Program, except for annually to an Amendment 80 coopera- fish harvested under the rockfish entry tive that submits a timely and com- level fishery. plete application for CQ that is ap- (ii) A permit is valid under the fol- proved by NMFS as described at lowing circumstances: § 679.91(b)(4).

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(ii) A CQ permit authorizes an 80 limited access fishery. An Amend- Amendment 80 cooperative to catch a ment 80 limited access fishery permit quantity of fish expressed as a portion is issued annually to an Amendment 80 of the ITAC and halibut and crab PSC QS holder who: that may be held for exclusive use by (A) Has submitted a timely and com- that Amendment 80 cooperative. plete application for the Amendment 80 (iii) A CQ permit will indicate the limited access fishery as described at amount of Amendment 80 species that § 679.91(b)(4) that is approved by NMFS, may be caught by the Amendment 80 or cooperative, and the amount of Amend- (B) Is assigned to the Amendment 80 ment 80 crab and halibut PSC that may limited access fishery by NMFS as de- be used by the Amendment 80 coopera- scribed at § 679.91(a)(3)(ii); and tive. The CQ permit will list the mem- (C) Has submitted a timely and com- bers of the Amendment 80 cooperative, plete EDR for all Amendment 80 QS Amendment 80 LLP licenses, Amend- permits held by that person as de- ment 80 QS permits, and Amendment 80 scribed under § 679.94. vessels that are assigned to that (ii) An Amendment 80 limited access Amendment 80 cooperative. fishery permit is valid until whichever (iv) The amount of CQ listed on the of the following occurs first: CQ permit will be based on: (A) Until the end of the year for (A) The amount of Amendment 80 QS which the Amendment 80 limited ac- units held by all members of the cess fishery permit is issued; or Amendment 80 cooperative designated (B) Until the permit is revoked, sus- on a timely and complete application pended, or modified pursuant to § 679.43 for CQ as described under § 679.91(b) or under 15 CFR part 904. that is approved by NMFS; (iii) A legible copy of the Amendment (B) The Amendment 80 QS units de- 80 limited access fishery permit must rived from Amendment 80 QS permits be carried onboard an Amendment 80 held by members of the Amendment 80 vessel assigned to the Amendment 80 cooperative who have submitted a limited access fishery when fishing in timely and complete EDR for all the BSAI or adjacent waters open by Amendment 80 QS permits held by that the State of Alaska for which it adopts member as described under § 679.94; and a Federal fishing season. (C) The amount of CQ as modified by [61 FR 31230, June 19, 1996] an application for CQ transfer as de- EDITORIAL NOTE: For FEDERAL REGISTER ci- scribed under § 679.91(g) that is ap- tations affecting § 679.4, see the List of CFR proved by NMFS. Sections Affected, which appears in the (v) A CQ permit is valid until which- Finding Aids section of the printed volume ever of the following occurs first: and at www.fdsys.gov. (A) Until the end of the year for which the CQ permit is issued; or § 679.5 Recordkeeping and reporting (B) Until the permit is revoked, sus- (R&R). pended, or modified pursuant to § 679.43 (a) General R&R requirements. R&R re- or under 15 CFR part 904. quirements include, but are not limited (vi) A legible copy of the CQ permit to, paper and electronic documenta- must be carried onboard an Amend- tion, logbooks, forms, reports, receipts, ment 80 vessel assigned to an Amend- computer printouts, and requests for ment 80 cooperative when fishing in inspection described in this section and the BSAI or adjacent waters open by in § 679.28. the State of Alaska for which it adopts (1) Groundfish logbooks and forms. (i) a Federal fishing season. The Regional Administrator will pre- (3) Amendment 80 limited access fishery scribe and provide groundfish logbooks permit. (i) An Amendment 80 limited ac- required under this section. All ground- cess fishery permit is required for an fish forms required under this section Amendment 80 QS holder to catch, are available from the Alaska Region process, and receive Amendment 80 spe- website at http://alaskafisheries.noaa.gov cies assigned to the Amendment 80 lim- or may be requested by calling the Sus- ited access fishery, or use halibut and tainable Fisheries Division at 907–586– crab PSC assigned to the Amendment 7228 or faxing 907–586–7465. The forms

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