[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1996 Edition]
[From the U.S. Government Printing Office]


          50



          Wildlife and Fisheries



[[Page i]]

          PART 600 TO END

          Revised as of October 1, 1996
          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF OCTOBER 1, 1996
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1996



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



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                            Table of Contents


                                                                    Page
  Explanation.................................................       v
  Title 50:
    Chapter VI--Fishery Conservation and Management, National 
        Oceanic and Atmospheric Administration, Department of 
        Commerce..............................................       3
  Finding Aids:
    Material Approved for Incorporation by Reference..........     477
    Table of CFR Titles and Chapters..........................     479
    Alphabetical List of Agencies Appearing in the CFR........     495
    List of CFR Sections Affected.............................     505

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                                  ----------------------------------------------------------                    

   Cite this Code:  CFR                                                         
                                                                                                                
   To cite the regulations in this volume use title, part                       
   and section number. Thus, 50 CFR 600.5 refers to title                      
   50, part 600, section 5.                                                    
                                  ----------------------------------------------------------                    
                                                                                                                


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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 1996), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

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Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I), and Acts Requiring Publication 
in the Federal Register (Table II). A list of CFR titles, chapters, and 
parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.

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    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.
SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
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Customer Service call 202-512-1803.

                              Richard L. Claypoole,
                                    Director,
                          Office of the Federal Register.

October 1, 1996.



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                               THIS TITLE

    Title 50--Fish and Wildlife is composed of three volumes. The parts 
in these volumes are arranged in the following order: Parts 1-199, parts 
200-599 and part 600 to end. The first volume (parts 1-199) contains the 
current regulations issued under chapter I--United States Fish and 
Wildlife Service, Department of the Interior. The second volume (parts 
200-599) contains the current regulations issued under chapter II--
National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce; chapter III--International 
Fishing and Related Activities, chapter IV--Joint Regulations (United 
States Fish and Wildlife Service, Department of the Interior and 
National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce); Endangered Species Committee 
regulations; and chapter V--Marine Mammal Commission. The third volume 
(part 600 to end) contains the current regulations issued under chapter 
VI--Fishery Conservation and Management, National Oceanic and 
Atmospheric Administration, Department of Commerce. The contents of 
these volumes represent all current regulations codified under this 
title of the CFR as of October 1, 1996.

    Alphabetical listings of endangered and threatened wildlife and 
plants appear in part 17.

    The OMB control numbers for the National Oceanic and Atmospheric 
Administration appear in 15 CFR 902.1.

    For this volume, Carol Conroy was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Frances D. 
McDonald, assisted by Alomha S. Morris.

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[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                  (This book contains part 600 to end)

  --------------------------------------------------------------------

                                                                    Part

chapter vi--Fishery Conservation and Management, National 
  Oceanic and Atmospheric Administration, Department of 
  Commerce..................................................         600

Cross References: Commercial fishing on Red Lake Indian Reservation, 
  Bureau of Indian Affairs: 25 CFR part 242.
Disposal of certain wild animals in national parks, National Park 
  Service: 36 CFR part 10.
Exchanges of land for migratory bird or other wildlife refuges, Bureau 
  of Land Management: 43 CFR part 2200.0-1--2272.1.
Fishing, hunting, trapping, and protection of wildlife in national 
  forests and wildlife refuges, Forest Service: 36 CFR part 241, 
  Secs. 261.8, 261.9.
Fishing, hunting, trapping, and protection of wildlife in national 
  parks, memorials, recreation areas, etc., National Park Service: 36 
  CFR parts 2, 7, 20.
Fishing and hunting in reservoir areas, Corps of Engineers: 36 CFR part 
  327.8.
Free entry of animals, birds and products of American fisheries under 
  specified conditions, Customs Service: 19 CFR part 10.70--10.83.
Grazing areas for wildlife maintenance, Bureau of Land Management: 43 
  CFR part 4110.
Making pictures, television production, or sound tracks on areas 
  administered by the United States Fish and Wildlife Service or the 
  National Park Service: 43 CFR part 5.1.

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CHAPTER VI--FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE




  --------------------------------------------------------------------
Part                                                                Page
600             Magnuson Act provisions.....................           5
622             Fisheries of the Caribbean, Gulf, and South 
                    Atlantic................................          67
628             Atlantic bluefish fishery...................         126
630             Atlantic swordfish fishery..................         129
640             Spiny lobster fishery of the Gulf of Mexico 
                    and South Atlantic......................         144
644             Atlantic billfishes.........................         153
648             Fisheries of the Northeastern United States.         157
649             American lobster fishery....................         236
654             Stone crab fishery of the Gulf of Mexico....         258
660             Fisheries off West coast and Western Pacific 
                    states..................................         266
662             Northern anchovy fishery....................         331
674             High seas salmon fishery off Alaska.........         336
678             Atlantic sharks.............................         341
679             Fisheries of the Exclusive Economic Zone off 
                    Alaska..................................         350
697             Atlantic coastal fisheries cooperative 
                    management..............................         473

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PART 600--MAGNUSON ACT PROVISIONS--Table of Contents






                           Subpart A--General

Sec.
600.5  Purpose and scope.
600.10  Definitions.
600.15  Other acronyms.

             Subpart B--Regional Fishery Management Councils

600.105  Intercouncil boundaries.
600.110  Intercouncil fisheries.
600.115  Statement of organization, practices, and procedures (SOPP).
600.120  Employment practices.
600.125  Budgeting, funding, and accounting.
600.130  Protection of confidentiality of statistics.

                      Subpart C--Council Membership

600.205  Principal state officials and their designees.
600.210  Terms of council members.
600.215  Appointments.
600.220  Oath of office.
600.225  Rules of conduct.
600.230  Removal.
600.235  Financial disclosure.
600.240  Security assurances.
600.245  Council member compensation.

                      Subpart D--National Standards

600.305  General.
600.310  National Standard 1--Optimum Yield.
600.315  National Standard 2--Scientific Information.
600.320  National Standard 3--Management Units.
600.325  National Standard 4--Allocations.
600.330  National Standard 5--Efficiency.
600.335  National Standard 6--Variations and Contingencies.
600.340  National Standard 7--Costs and Benefits.

                Subpart E--Confidentiality of Statistics

600.405  Types of statistics covered.
600.410  Collection and maintenance of statistics.
600.415  Access to statistics.
600.420  Control system.
600.425  Release of statistics.

                       Subpart F--Foreign Fishing

600.501  Vessel permits.
600.502  Vessel reports.
600.503  Vessel and gear identification.
600.504  Facilitation of enforcement.
600.505  Prohibitions.
600.506  Observers.
600.507  Recordkeeping.
600.508  Fishing operations.
600.509  Prohibited species.
600.510  Gear avoidance and disposal.
600.511  Fishery closure procedures.
600.512  Scientific research.
600.513  Recreational fishing.
600.514  Relation to other laws.
600.515  Interpretation of 16 U.S.C. 1857(4).
600.516  Total allowable level of foreign fishing (TALFF).
600.517  Allocations.
600.518  Fee schedule for foreign fishing.
600.520  Northwest Atlantic Ocean fishery.
600.525  Atlantic herring fishery.

      Subpart G--Preemption of State Authority Under Section 306(b)

600.605  General policy.
600.610  Factual findings for Federal preemption.
600.615  Commencement of proceedings.
600.620  Rules pertaining to the hearing.
600.625  Secretary's decision.
600.630  Application for reinstatement of state authority.

          Subpart H--General Provisions for Domestic Fisheries

600.705  Relation to other laws.
600.710  Permits.
600.715  Recordkeeping and reporting.
600.720  Vessel and gear identification.
600.725  General prohibitions.
600.730  Facilitation of enforcement.
600.735  Penalties.
600.740  Enforcement policy.
600.745  Scientific research activity, exempted fishing, and exempted 
          educational activity.

    Authority: 16 U.S.C. 1801 et seq.

    Source: 61 FR 32540, June 24, 1996, unless otherwise noted.



                           Subpart A--General



Sec. 600.5  Purpose and scope.

    (a) This part contains general provisions governing the operation of 
the eight Regional Fishery Management Councils established by the 
Magnuson Act and describes the Secretary's role and responsibilities 
under the Act. The Councils are institutions created by Federal law and 
must conform to the uniform standards established by the Secretary in 
this part.
    (b) This part also governs all foreign fishing under the Magnuson 
Act, prescribes procedures for the conduct of preemption hearings under 
section

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306(b) of the Magnuson Act, and collects the general provisions common 
to all domestic fisheries governed by this chapter.



Sec. 600.10  Definitions.

    Unless defined otherwise in other parts of Chapter VI, the terms in 
this chapter have the following meanings:
    Administrator means the Administrator of NOAA (Under Secretary of 
Commerce for Oceans and Atmosphere) or a designee.
    Advisory group means a Scientific and Statistical Committee (SSC), 
Fishing Industry Advisory Committee (FIAC), or Advisory Panel (AP) 
established by a Council under the Magnuson Act.
    Agent, for the purpose of foreign fishing (subpart F), means a 
person appointed and maintained within the United States who is 
authorized to receive and respond to any legal process issued in the 
United States to an owner and/or operator of a vessel operating under a 
permit and of any other vessel of that Nation fishing subject to the 
jurisdiction of the United States. Any diplomatic official accepting 
such an appointment as designated agent waives diplomatic or other 
immunity in connection with such process.
    Aggregate or summary form means confidential data structured in such 
a way that the identity of the submitter cannot be determined either 
from the present release of the data or in combination with other 
releases.
    Allocated species means any species or species group allocated to a 
foreign nation under Sec. 600.517 for catching by vessels of that 
Nation.
    Allocation means direct and deliberate distribution of the 
opportunity to participate in a fishery among identifiable, discrete 
user groups or individuals.
    Anadromous species means species of fish that spawn in fresh or 
estuarine waters of the United States and that migrate to ocean waters.
    Assistant Administrator means the Assistant Administrator for 
Fisheries, NOAA, or a designee.
    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the USCG;
    (2) Any special agent or fishery enforcement officer of NMFS;
    (3) Any officer designated by the head of any Federal or state 
agency that has entered into an agreement with the Secretary and the 
Commandant of the USCG to enforce the provisions of the Magnuson Act or 
any other statute administered by NOAA; or
    (4) Any USCG personnel accompanying and acting under the direction 
of any person described in paragraph (1) of this definition.
    Authorized species means any species or species group that a foreign 
vessel is authorized to retain in a joint venture by a permit issued 
under Activity Code 4 as described by Sec. 600.501(c).
    Catch, take, or harvest includes, but is not limited to, any 
activity that results in killing any fish or bringing any live fish on 
board a vessel.
    Center means one of the five NMFS Fisheries Science Centers.
    Coast Guard Commander means one of the commanding officers of the 
Coast Guard units specified in Table 1 of Sec. 600.502, or a designee.
    Codend means the terminal, closed end of a trawl net.
    Confidential statistics are those submitted as a requirement of an 
FMP and that reveal the business or identity of the submitter.
    Continental shelf fishery resources means the species listed under 
section 3(4) of the Magnuson Act.
    Council means one of the eight Regional Fishery Management Councils 
established by the Magnuson Act.
    Data, statistics, and information are used interchangeably.
    Dealer means the person who first receives fish by way of purchase, 
barter, or trade.
    Designated representative means the person appointed by a foreign 
nation and maintained within the United States who is responsible for 
transmitting information to and submitting reports from vessels of that 
Nation and establishing observer transfer arrangements for vessels in 
both directed and joint venture activities.
    Directed fishing, for the purpose of foreign fishing (subpart F), 
means any fishing by the vessels of a foreign nation for allocations of 
fish granted that Nation under Sec. 600.517.
    Director means the Director of the Office of Fisheries Conservation 
and

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Management, 1315 East-West Highway, Silver Spring, MD 20910.
    Discard means to release or return fish to the sea, whether or not 
such fish are brought fully on board a fishing vessel.
    Drift gillnet means a gillnet that is unattached to the ocean 
bottom, whether or not attached to a vessel.
    Exclusive economic zone (EEZ) means the zone established by 
Presidential Proclamation 5030, 3 CFR part 22, dated March 10, 1983, and 
is that area adjacent to the United States which, except where modified 
to accommodate international boundaries, encompasses all waters from the 
seaward boundary of each of the coastal states to a line on which each 
point is 200 nautical miles (370.40 km) from the baseline from which the 
territorial sea of the United States is measured.
    Exempted educational activity means an activity, conducted by an 
educational institution accredited by a recognized national or 
international accreditation body, of limited scope and duration, that is 
otherwise prohibited by part 285 or chapter VI of this title, but that 
is authorized by the appropriate Director or Regional Director for 
educational purposes.
    Exempted or experimental fishing means fishing from a vessel of the 
United States that involves activities otherwise prohibited by part 285 
or chapter VI of this title, but that are authorized under an exempted 
fishing permit (EFP). These regulations refer exclusively to exempted 
fishing. References in part 285 of this title and elsewhere in this 
chapter to experimental fishing mean exempted fishing under this part.
    Fish means:
    (1) When used as a noun, means any finfish, mollusk, crustacean, or 
parts thereof, and all other forms of marine animal and plant life other 
than marine mammals and birds.
    (2) When used as a verb, means to engage in ``fishing,'' as defined 
below.
    Fishery means:
    (1) One or more stocks of fish that can be treated as a unit for 
purposes of conservation and management and that are identified on the 
basis of geographic, scientific, technical, recreational, or economic 
characteristics, or method of catch; or
    (2) Any fishing for such stocks.
    Fishery management unit (FMU) means a fishery or that portion of a 
fishery identified in an FMP relevant to the FMP's management 
objectives. The choice of an FMU depends on the focus of the FMP's 
objectives, and may be organized around biological, geographic, 
economic, technical, social, or ecological perspectives.
    Fishery resource means any fish, any stock of fish, any species of 
fish, and any habitat of fish.
    Fishing, or to fish means any activity, other than scientific 
research conducted by a scientific research vessel, that involves:
    (1) The catching, taking, or harvesting of fish;
    (2) The attempted catching, taking, or harvesting of fish;
    (3) Any other activity that can reasonably be expected to result in 
the catching, taking, or harvesting of fish; or
    (4) Any operations at sea in support of, or in preparation for, any 
activity described in paragraphs (1), (2), or (3) of this definition.
    Fishing vessel means any vessel, boat, ship, or other craft that is 
used for, equipped to be used for, or of a type that is normally used 
for:
    (1) Fishing; or
    (2) Aiding or assisting one or more vessels at sea in the 
performance of any activity relating to fishing, including, but not 
limited to, preparation, supply, storage, refrigeration, transportation, 
or processing.
    Foreign fishing means fishing by a foreign fishing vessel.
    Foreign fishing vessel (FFV) means any fishing vessel other than a 
vessel of the United States, except those foreign vessels engaged in 
recreational fishing, as defined in this section.
    Gear conflict means any incident at sea involving one or more 
fishing vessels:
    (1) In which one fishing vessel or its gear comes into contact with 
another vessel or the gear of another vessel; and
    (2) That results in the loss of, or damage to, a fishing vessel, 
fishing gear, or catch.

[[Page 8]]

    Gillnet means a panel of netting, suspended vertically in the water 
by floats along the top and weights along the bottom, to entangle fish 
that attempt to pass through it.
    Governing International Fishery Agreement (GIFA) means an agreement 
between the United States and a foreign nation or Nations under section 
201(c) of the Magnuson Act.
    Grants Officer means the NOAA official authorized to sign, on behalf 
of the Government, the cooperative agreement providing funds to support 
the Council's operations and functions.
    Greenwich mean time (GMT) means the local mean time at Greenwich, 
England. All times in this part are GMT unless otherwise specified.
    Handgear means handline, harpoon, or rod and reel.
    Harass means to unreasonably interfere with an individual's work 
performance, or to engage in conduct that creates an intimidating, 
hostile, or offensive environment.
    Harpoon or harpoon gear means fishing gear consisting of a pointed 
dart or iron attached to the end of a line several hundred feet in 
length, the other end of which is attached to a floatation device. 
Harpoon gear is attached to a pole or stick that is propelled only by 
hand, and not by mechanical means.
    Industry means both recreational and commercial fishing, and 
includes the harvesting, processing, and marketing sectors.
    International radio call sign (IRCS) means the unique radio 
identifier assigned a vessel by the appropriate authority of the flag 
state.
    Joint venture means any operation by a foreign vessel assisting 
fishing by U.S. fishing vessels, including catching, scouting, 
processing and/or support. (A joint venture generally entails a foreign 
vessel processing fish received from U.S. fishing vessels and conducting 
associated support activities.)
    Magnuson Act means the Magnuson Fishery Conservation and Management 
Act, as amended (16 U.S.C. 1801 et seq.), also known as MFCMA.
    Metric ton (mt) means 1,000 kg (2,204.6 lb).
    nm means nautical mile (6,076 ft (1,852 m)).
    Official number means the documentation number issued by the USCG or 
the certificate number issued by a state or by the USCG for an 
undocumented vessel.
    Operator, with respect to any vessel, means the master or other 
individual aboard and in charge of that vessel.
    Optimum yield (OY) means the amount of fish:
    (1) That will provide the greatest overall benefit to the United 
States, with particular reference to food production and recreational 
opportunities; and
    (2) That is prescribed as such on the basis of the maximum 
sustainable yield from such fishery, as modified by any relevant 
economic, social, or ecological factor.
    Owner, with respect to any vessel, means:
    (1) Any person who owns that vessel in whole or in part;
    (2) Any charterer of the vessel, whether bareboat, time, or voyage;
    (3) Any person who acts in the capacity of a charterer, including, 
but not limited to, parties to a management agreement, operating 
agreement, or any similar agreement that bestows control over the 
destination, function, or operation of the vessel; or
    (4) Any agent designated as such by a person described in paragraph 
(1), (2), or (3) of this definition.
    Plan Team means a Council working group selected from agencies, 
institutions, and organizations having a role in the research and/or 
management of fisheries, whose primary purpose is to assist the Council 
in the preparation and/or review of FMPs, amendments, and supporting 
documents for the Council, and/or SSC and AP.
    Predominately means, with respect to fishing in a fishery, that more 
fishing on a stock or stocks of fish covered by the FMP occurs, or would 
occur in the absence of regulations, within or beyond the EEZ than 
occurs in the aggregate within the boundaries of all states off the 
coasts of which the fishery is conducted.
    Processing, for the purpose of foreign fishing (subpart F), means 
any operation by an FFV to receive fish from foreign or U.S. fishing 
vessels and/or the preparation of fish, including, but

[[Page 9]]

not limited to, cleaning, cooking, canning, smoking, salting, drying, or 
freezing, either on the FFV's behalf or to assist other foreign or U.S. 
fishing vessels.
    Product recovery rate (PRR) means a ratio expressed as a percentage 
of the weight of processed product divided by the round weight of fish 
used to produce that amount of product.
    Prohibited species, with respect to a foreign vessel, means any 
species of fish that that vessel is not specifically allocated or 
authorized to retain, including fish caught or received in excess of any 
allocation or authorization.
    Recreational fishing, with respect to a foreign vessel, means any 
fishing from a foreign vessel not operated for profit and not operated 
for the purpose of scientific research. It may not involve the sale, 
barter, or trade of part or all of the catch (see Sec. 600.513).
    Retain on board means to fail to return fish to the sea after a 
reasonable opportunity to sort the catch.
    Region mean one of five NMFS Regional Offices responsible for 
administering the management and development of marine resources in the 
United States in their respective geographical regions.
    Regional Director (RD) means the Director of one of the five NMFS 
Regions described in Table 1 of Sec. 600.502, or a designee.
    Regional Program Officer means the NMFS official designated in the 
terms and conditions of the grant award responsible for monitoring, 
recommending, and reviewing any technical aspects of the application for 
Federal assistance and the award.
    Round weight means the weight of the whole fish before processing or 
removal of any part.
    Secretary means the Secretary of Commerce or a designee.
    Science and Research Director means the Director of one of the five 
NMFS Fisheries Science Centers described in Table 1 of Sec. 600.502 of 
this part, or a designee, also known as Center Director.
    Scientific cruise means the period of time during which a scientific 
research vessel is operated in furtherance of a scientific research 
project, beginning when the vessel leaves port to undertake the project 
and ending when the vessel completes the project as provided for in the 
applicable scientific research plan.
    Scientific research activity is, for the purposes of this part, an 
activity in furtherance of a scientific fishery investigation or study 
that would meet the definition of fishing under the Magnuson Act, but 
for the exemption applicable to scientific research activity conducted 
from a scientific research vessel. Scientific research activity 
includes, but is not limited to, sampling, collecting, observing, or 
surveying the fish or fishery resources within the EEZ, at sea, on board 
scientific research vessels, to increase scientific knowledge of the 
fishery resources or their environment, or to test a hypothesis as part 
of a planned, directed investigation or study conducted according to 
methodologies generally accepted as appropriate for scientific research. 
At-sea scientific fishery investigations address one or more issues 
involving taxonomy, biology, physiology, behavior, disease, aging, 
growth, mortality, migration, recruitment, distribution, abundance, 
ecology, stock structure, bycatch, and catch estimation of finfish and 
shellfish (invertebrate) species considered to be a component of the 
fishery resources within the EEZ. Scientific research activity does not 
include the collection and retention of fish outside the scope of the 
applicable research plan, or the testing of fishing gear. Data 
collection designed to capture and land quantities of fish or 
invertebrates for product development, market research, and/or public 
display are not scientific research activities and must be permitted 
under exempted fishing procedures. For foreign vessels, such data 
collection activities are considered scientific research if they are 
carried out in full cooperation with the United States.
    Scientific research plan means a detailed, written formulation, 
prepared in advance of the research, for the accomplishment of a 
scientific research project. At a minimum, a sound scientific research 
plan should include:
    (1) A description of the nature and objectives of the project, 
including the hypothesis or hypotheses to be tested.

[[Page 10]]

    (2) The experimental design of the project, including a description 
of the methods to be used, the type and class of any vessel(s) to be 
used, and a description of sampling equipment.
    (3) The geographical area(s) in which the project is to be 
conducted.
    (4) The expected date of first appearance and final departure of the 
research vessel(s) to be employed, and deployment and removal of 
equipment, as appropriate.
    (5) The expected quantity and species of fish to be taken and their 
intended disposition, and, if significant amounts of a managed species 
or species otherwise restricted by size or sex are needed, an 
explanation of such need.
    (6) The name, address, and telephone/telex/fax number of the 
sponsoring organization and its director.
    (7) The name, address, and telephone/telex/fax number, and 
curriculum vitae of the person in charge of the project and, where 
different, the person in charge of the research project on board the 
vessel.
    (8) The identity of any vessel(s) to be used including, but not 
limited to, the vessel's name, official documentation number and IRCS, 
home port, and name, address, and telephone number of the owner and 
master.
    Scientific research vessel means a vessel owned or chartered by, and 
controlled by, a foreign government agency, U.S. Government agency 
(including NOAA or institutions designated as federally funded research 
and development centers), U.S. state or territorial agency, university 
(or other educational institution accredited by a recognized national or 
international accreditation body), international treaty organization, or 
scientific institution. In order for a vessel that is owned or chartered 
and controlled by a foreign government to meet this definition, the 
vessel must have scientific research as its exclusive mission during the 
scientific cruise in question and the vessel operations must be 
conducted in accordance with a scientific research plan.
    Scouting means any operation by a vessel exploring (on the behalf of 
an FFV or U.S. fishing vessel) for the presence of fish by visual, 
acoustic, or other means that do not involve the catching of fish.
    State means each of the several states, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, 
Guam, the Northern Mariana Islands, and any other Commonwealth, 
territory, or possession of the United States.
    State employee means any employee of the state agency responsible 
for developing and monitoring the state's program for marine and/or 
anadromous fisheries.
    Statement of Organization, Practices, and Procedures (SOPP) means a 
statement by each Council describing its organization, practices, and 
procedures as required under section 302(f)(6) of the Magnuson Act.
    Stock assessment means the process of collecting and analyzing 
biological and statistical information to determine the changes in the 
abundance of fishery stocks in response to fishing, and, to the extent 
possible, to predict future trends of stock abundance. Stock assessments 
are based on resource surveys; knowledge of the habitat requirements, 
life history, and behavior of the species; the use of environmental 
indices to determine impacts on stocks; and catch statistics. Stock 
assessments are used as a basis to ``assess and specify the present and 
probable future condition of a fishery'' (as is required by the Magnuson 
Act), and are summarized in the Stock Assessment and Fishery Evaluation 
or similar document.
    Stock Assessment and Fishery Evaluation (SAFE) means a document or 
set of documents that provides Councils with a summary of the most 
recent biological condition of species in an FMU, and the social and 
economic condition of the recreational and commercial fishing industries 
and the fish processing industries. It summarizes, on a periodic basis, 
the best available scientific information concerning the past, present, 
and possible future condition of the stocks and fisheries being managed 
under Federal regulation.
    Substantially (affects) means, for the purpose of subpart G, with 
respect to whether a state's action or omission will substantially 
affect the carrying out of an FMP for a fishery, that those

[[Page 11]]

effects are important or material, or considerable in degree. The 
effects of a state's action or omission for purposes of this definition 
include effects upon:
    (1) The achievement of the FMP's goals or objectives for the 
fishery;
    (2) The achievement of OY from the fishery on a continuing basis;
    (3) The attainment of the national standards for fishery 
conservation and management (as set forth in section 301(a) of the 
Magnuson Act) and compliance with other applicable law; or
    (4) The enforcement of regulations implementing the FMP.
    Support means any operation by a vessel assisting fishing by foreign 
or U.S. vessels, including supplying water, fuel, provisions, fish 
processing equipment, or other supplies to a fishing vessel.
    Total length (TL) means the straight-line distance from the tip of 
the snout to the tip of the tail (caudal fin) while the fish is lying on 
its side, normally extended.
    Transship means offloading and onloading or otherwise transferring 
fish or fish products and/or transporting fish or products made from 
fish.
    Trawl means a cone or funnel-shaped net that is towed through the 
water by one or more vessels.
    U.S. observer or observer means any person serving in the capacity 
of an observer employed by NMFS, either directly or under contract, or 
certified as a supplementary observer by NMFS.
    Vessel of the United States or U.S. vessel means:
    (1) Any vessel documented under chapter 121 of title 46, United 
States Code;
    (2) Any vessel numbered under chapter 123 of title 46, United States 
Code, and measuring less than 5 net tons;
    (3) Any vessel numbered under chapter 123 of title 46, United States 
Code, and used exclusively for pleasure; or
    (4) Any vessel not equipped with propulsion machinery of any kind 
and used exclusively for pleasure.



Sec. 600.15  Other acronyms.

    (a) Fishery management terms. (1) ABC--acceptable biological catch
    (2) DAH--estimated domestic annual harvest
    (3) DAP--estimated domestic annual processing
    (4) EIS--environmental impact statement
    (5) EY--equilibrium yield
    (6) FMP--fishery management plan
    (7) JVP--joint venture processing
    (8) MSY--maximum sustainable yield
    (9) PMP--preliminary FMP
    (10) TAC--total allowable catch
    (11) TALFF--total allowable level of foreign fishing
    (b) Legislation. (1) APA--Administrative Procedure Act
    (2) CZMA--Coastal Zone Management Act
    (3) ESA--Endangered Species Act
    (4) FACA--Federal Advisory Committee Act
    (5) FOIA--Freedom of Information Act
    (6) FLSA--Fair Labor Standards Act
    (7) MFCMA--Magnuson Fishery Conservation and Management Act
    (8) MMPA--Marine Mammal Protection Act
    (9) MPRSA--Marine Protection, Research, and Sanctuaries Act
    (10) NEPA--National Environmental Policy Act
    (11) PA--Privacy Act
    (12) PRA--Paperwork Reduction Act
    (13) RFA--Regulatory Flexibility Act
    (c) Federal agencies. (1) CEQ--Council on Environmental Quality
    (2) DOC--Department of Commerce
    (3) DOI--Department of the Interior
    (4) DOS--Department of State
    (5) EPA--Environmental Protection Agency
    (6) FWS--Fish and Wildlife Service
    (7) GSA--General Services Administration
    (8) NMFS--National Marine Fisheries Service
    (9) NOAA--National Oceanic and Atmospheric Administration
    (10) OMB--Office of Management and Budget
    (11) OPM--Office of Personnel Management
    (12) SBA--Small Business Administration
    (13) USCG--United States Coast Guard

[[Page 12]]



             Subpart B--Regional Fishery Management Councils



Sec. 600.105  Intercouncil boundaries.

    (a) New England and Mid-Atlantic Councils. The boundary begins at 
the intersection point of Connecticut, Rhode Island, and New York at 
41 deg.18'16.249'' N. lat. and 71 deg.54'28.477'' W. long. and proceeds 
south 37 deg.22'32.75'' East to the point of intersection with the 
outward boundary of the EEZ as specified in the Magnuson Act.
    (b) Mid-Atlantic and South Atlantic Councils. The boundary begins at 
the seaward boundary between the States of Virginia and North Carolina 
(36 deg.31'00.8'' N. lat.), and proceeds due east to the point of 
intersection with the outward boundary of the EEZ as specified in the 
Magnuson Act.
    (c) South Atlantic and Gulf of Mexico Councils. The boundary 
coincides with the line of demarcation between the Atlantic Ocean and 
the Gulf of Mexico, which begins at the intersection of the outer 
boundary of the EEZ, as specified in the Magnuson Act, and 83 deg.00' W. 
long., proceeds northward along that meridian to 24 deg.35' N. lat., 
(near the Dry Tortugas Islands), thence eastward along that parallel, 
through Rebecca Shoal and the Quicksand Shoal, to the Marquesas Keys, 
and then through the Florida Keys to the mainland at the eastern end of 
Florida Bay, the line so running that the narrow waters within the Dry 
Tortugas Islands, the Marquesas Keys and the Florida Keys, and between 
the Florida Keys and the mainland, are within the Gulf of Mexico.



Sec. 600.110  Intercouncil fisheries.

    If any fishery extends beyond the geographical area of authority of 
any one Council, the Secretary may--
    (a) Designate a single Council to prepare the FMP for such fishery 
and any amendments to such FMP, in consultation with the other Councils 
concerned; or
    (b) Require that the FMP and any amendments be prepared jointly by 
all the Councils concerned.
    (1) A jointly prepared FMP or amendment must be adopted by a 
majority of the voting members, present and voting, of each 
participating Council. Different conservation and management measures 
may be developed for specific geographic areas, but the FMP should 
address the entire geographic range of the stock(s).
    (2) In the case of joint FMP or amendment preparation, one Council 
will be designated as the ``administrative lead.'' The ``administrative 
lead'' Council is responsible for the preparation of the FMP or any 
amendments and other required documents for submission to the Secretary.
    (3) None of the Councils involved in joint preparation may withdraw 
without Secretarial approval. If Councils cannot agree on approach or 
management measures within a reasonable period of time, the Secretary 
may designate a single Council to prepare the FMP or may issue the FMP 
under Secretarial authority.



Sec. 600.115  Statement of organization, practices, and procedures (SOPP).

    (a) Councils are required to publish and make available to the 
public a SOPP in accordance with such uniform standards as are 
prescribed by the Secretary (section 302(f)(6)) of the Magnuson Act. The 
purpose of the SOPP is to inform the public how the Council operates 
within the framework of the Secretary's uniform standards.
    (b) Amendments to current SOPPs must be consistent with the 
guidelines in this section and the terms and conditions of the 
cooperative agreement, the statutory requirements of the Magnuson Act 
and other applicable law. Upon approval of a Council's SOPP amendment by 
the Secretary, a Notice of Availability will be published in the Federal 
Register, including an address where the public may write to request 
copies.
    (c) Councils may deviate, where lawful, from the guidelines with 
appropriate supporting rationale, and Secretarial approval of each 
amendment to a SOPP would constitute approval of any such deviations for 
that particular Council.



Sec. 600.120  Employment practices.

    Council members (except for Federal Government officials) and staff 
are not Federal employees subject to OPM regulations. Council staffing 
practices are set forth in each Council's SOPP.

[[Page 13]]



Sec. 600.125  Budgeting, funding, and accounting.

    Each Council's grant activities are governed by OMB Circular A-110 
(Uniform Administrative Requirements for Grants and Agreements with 
Institutions of Higher Education, Hospitals, and other Non-Profit 
Organizations), OMB Circular A-122 (Cost Principles for Non-Profit 
Organizations), 15 CFR Part 29b (Audit Requirements for Institutions of 
Higher Education and Other Nonprofit Organizations), and the terms and 
conditions of the cooperative agreement. (See 5 CFR 1310.3 for 
availability of OMB Circulars.)



Sec. 600.130  Protection of confidentiality of statistics.

    Each Council must establish appropriate procedures for ensuring the 
confidentiality of the statistics that may be submitted to it by Federal 
or state authorities and may be voluntarily submitted to it by private 
persons, including, but not limited to (also see Sec. 600.405):
    (a) Procedures for the restriction of Council member, employee, or 
advisory group access and the prevention of conflicts of interest, 
except that such procedures must be consistent with procedures of the 
Secretary.
    (b) In the case of statistics submitted to the Council by a state, 
the confidentiality laws and regulations of that state.



                      Subpart C--Council Membership



Sec. 600.205  Principal state officials and their designees.

    (a) Only a full-time state employee of the state agency responsible 
for marine and/or anadromous fisheries shall be designated by a 
constituent state Governor as the principal state official for purposes 
of section 302(b) of the Magnuson Act. New or revised designations by 
state Governors of principal state officials, and new or revised 
designations by principal state officials of their designees(s), must be 
delivered in writing to the appropriate NMFS Regional Director at least 
48 hours before the individual may vote on any issue before the Council. 
Written designation(s) must indicate the employment status of each 
principal state official and that of his/her designee(s), how the 
official or designee is employed by the state fisheries agency, where 
each individual is employed (business address and telephone number), and 
whether the official's full salary is paid by the state.
    (b) A principal state official may name his/her designee(s) to act 
on his/her behalf at Council meetings. Individuals designated to serve 
as designees of a principal state official on a Council, pursuant to 
section 302(b)(1)(A) of the Magnuson Act, must be full time state 
employees involved in the development of fisheries management policies 
for that state.



Sec. 600.210  Terms of Council members.

    (a) Voting members (other than principal state officials, the 
Regional Directors, or their designees) are appointed for a term of 3 
years and, except as discussed below, may be reappointed. A voting 
member's Council service of 18 months or more during a term of office 
will be counted as service for the entire 3-year term.
    (b) The anniversary date for measuring terms of membership is August 
11. The Secretary may designate a term of appointment shorter than 3 
years, if necessary, to provide for balanced expiration of terms of 
office. Members may not serve more than three consecutive terms.
    (c) A member appointed after January 1, 1986, who has completed 
three consecutive terms will be eligible for appointment to another term 
one full year after completion of the third consecutive term.



Sec. 600.215  Appointments.

    The following procedures govern the nomination and appointment of 
Council members.
    (a) Each year, terms of approximately one-third of the appointed 
members of each Council expire. New members will be appointed, or seated 
members will be reappointed to another term, by the Secretary to fill 
the seats being vacated. The Secretary will select the appointees from 
lists of nominees submitted by March 15 of each year by the Governors of 
the constituent states that are eligible to nominate candidates for that 
vacancy.

[[Page 14]]

When an appointed member vacates his/her seat prior to the expiration of 
his/her term, the Secretary will fill the vacancy for the remainder of 
the term by selecting from among the nominees submitted by the 
responsible Governor(s).
    (b) A Governor must submit the names of at least three qualified 
nominees for each applicable vacancy.
    (c) Governors are responsible for ensuring that persons nominated 
for appointment meet the qualification requirements of the Magnuson Act. 
A Governor must provide a statement explaining how each of his or her 
nominees meets the qualification requirements; and must provide 
appropriate documentation to the Secretary that each nomination was made 
in consultation with commercial and recreational fishing interests of 
that state, and that each nominee is knowledgeable and experienced, by 
reason of his or her occupational or other experience, scientific 
expertise, or training, in one or more of the following ways related to 
the fishery resources of the geographical area of concern to the 
Council:
    (1) Commercial fishing or the processing or marketing of fish, fish 
products, or fishing equipment;
    (2) Fishing for pleasure, relaxation, or consumption, or experience 
in any business supporting fishing;
    (3) Leadership in a state, regional, or national organization whose 
members participate in a fishery in the Council's area of authority;
    (4) The management and conservation of natural resources, including 
related interactions with industry, government bodies, academic 
institutions, and public agencies. This includes experience serving as a 
member of a Council, AP, SSC, or FIAC;
    (5) Representing consumers of fish or fish products through 
participation in local, state, or national organizations, or performing 
other activities specifically related to the education or protection of 
consumers of marine resources; and
    (6) Teaching, journalism, writing, consulting, legal practice, or 
researching matters related to fisheries, fishery management, and marine 
resource conservation.
    (d) To assist in identifying necessary qualifications, each nominee 
must furnish to the appropriate Governor's office a current resume, or 
equivalent, describing career history--with particular attention to 
experience related to the above criteria. Nominees may provide such 
information in any format they wish. Career and educational history 
information sent to the Governors should also be sent to the NMFS Office 
of Fisheries Conservation and Management.
    (e) The Secretary will review each list submitted by a Governor to 
ascertain if the individuals on the list are qualified for the vacancy 
on the basis of the criteria prescribed in paragraph (c) of this 
section. If the Secretary determines that any nominee is not qualified, 
the Secretary will notify the appropriate Governor of that 
determination. The Governor shall then submit a revised list or resubmit 
the original list with an additional explanation of the qualifications 
of the nominee in question. The Secretary reserves the right to 
determine whether nominees are qualified.
    (f) There are two categories of seats to which voting members are 
appointed: ``obligatory'' and ``at-large.''
    (1) Each constituent state is entitled to one seat on the Council on 
which it is a member, except that Alaska is entitled to five seats and 
Washington is entitled to two seats on the North Pacific Fishery 
Management Council. When the term of a state's obligatory member is 
expiring, or that seat becomes vacant before the expiration of its term, 
the Governor of that state must submit the names of at least three 
qualified individuals to fill that seat. In order to fill a state's 
obligatory seat, the Secretary may select from any of the nominees for 
such obligatory seat and from the nominees for any at-large seat 
submitted by the Governor of that state. If a Governor fails to provide 
a list of at least three qualified nominees for a seat obligated to that 
Governor's state, then the state's obligatory seat will remain vacant 
until three qualified nominees are submitted by the Governor and acted 
upon by the Secretary.

[[Page 15]]

    (2) Prior to submitting nominees for appointment to a Council, a 
constituent state Governor must determine if each of his or her nominees 
is a resident of that constituent state. A State Governor may not 
nominate a non-resident of that state for appointment to a Council seat 
obligated to that state. If, at any time during a term, an appointee to 
an obligatory seat changes residency to another state that is not a 
constituent state of that Council, the member may no longer vote as a 
representative of that state and must resign from that obligated seat. 
For purposes of this paragraph (f)(2), a state resident is an individual 
who maintains his/her principal residence within that constituent state 
and, if applicable, pays income taxes to that state and/or to another 
appropriate jurisdiction within that state.
    (g) When the term of an at-large member is expiring, or that seat 
becomes vacant before the expiration of a term, the Governors of all 
constituent states of that Council must each submit the names of at 
least three qualified individuals to fill that seat.
    (1) In order to fill an at-large seat, the Secretary may select a 
nominee for that seat submitted by any Governor of a constituent state. 
When the terms of both an obligatory member and an at-large member 
expire concurrently, the Governor of the state holding the expiring 
obligatory seat may indicate that the nominees who were not selected for 
appointment to the obligatory seat may be considered for appointment to 
an at-large seat, provided that the resulting total number of nominees 
submitted by that Governor for the expiring at-large seat is no fewer 
than three.
    (2) If a Governor fails to submit a list of three qualified nominees 
for an available at-large seat within the time allotted, then a new at-
large member will be appointed from lists of qualified nominees 
submitted by Governors of other constituent states.
    (3) If a Governor chooses to submit nominations for one or more 
vacant at-large seats on a Council, he or she must submit lists that 
contain at least three different nominees for each vacant seat. In 
making selections to each of the available at-large seats, the Secretary 
will consider all names submitted by the constituent state governors.
    (4) In filling expiring at-large seats, the Secretary will consider 
only complete slates of nominees submitted by the Governors of the 
Council's constituent states. If nominations are requested to fill more 
than one at-large seat and a Governor elects to nominate a total of four 
candidates, (i.e., a slate of three candidates for one seat and one for 
the other(s)), the set of three candidates will be considered only for 
the first seat, but the two candidates who were not selected will not be 
considered for the other(s). In this case, the only candidates 
considered for the other seat(s) would be derived from the slates 
offered by the Governors of the other states that included three 
different qualified candidates (i.e., candidates who were not considered 
for one of the other seats).
    (5) Governors may nominate residents of another constituent state of 
a Council for appointment to an at-large seat on that Council.
    (6) The Secretary must, to the extent practicable, ensure a fair and 
balanced apportionment, on a rotating or other basis, of the active 
participants (or their representatives) in the commercial and 
recreational fisheries in the Council's area of authority. Further, the 
Secretary must take action to ensure, to the extent practicable, that 
those persons dependent for their livelihood upon the fisheries in the 
Council's area of authority are fairly represented as voting members.



Sec. 600.220  Oath of office.

    Each member appointed to a Council must take an oath of office.



Sec. 600.225  Rules of conduct.

    (a) Council members, as Federal office holders, and Council 
employees are subject to most Federal criminal statutes covering 
bribery, conflict-of-interest, disclosure of confidential information, 
and lobbying with appropriated funds.
    (b) The Councils are responsible for maintaining high standards of 
ethical conduct among themselves, their staffs, and their advisory 
groups. In addition to abiding by the applicable Federal conflict of 
interest statutes, both

[[Page 16]]

members and employees of the Councils must comply with the following 
standards of conduct:
    (1) No employee of a Council may use his or her official authority 
or influence derived from his or her position with the Council for the 
purpose of interfering with or affecting the result of an election to or 
a nomination for any national, state, county, or municipal elective 
office.
    (2) No employee of a Council may be deprived of employment, 
position, work, compensation, or benefit provided for or made possible 
by the Magnuson Act on account of any political activity or lack of such 
activity in support of or in opposition to any candidate or any 
political party in any national, state, county, or municipal election, 
or on account of his or her political affiliation.
    (3) No Council member or employee may pay, offer, promise, solicit, 
or receive from any person, firm, or corporation a contribution of money 
or anything of value in consideration of either support or the use of 
influence or the promise of support or influence in obtaining for any 
person any appointive office, place, or employment under the Council.
    (4) No employee of a Council may have a direct or indirect financial 
interest that conflicts with the fair and impartial conduct of his or 
her Council duties. However, an Executive Director may retain a 
financial interest in harvesting, processing or marketing activities, 
and participate in matters of general public concern on the Council that 
might affect that interest, if that interest has been disclosed in a 
report filed under Sec. 600.235.
    (5) No Council member, employee of a Council, or member of a Council 
advisory group may use or allow the use, for other than official 
purposes, of information obtained through or in connection with his or 
her Council employment that has not been made available to the general 
public.
    (6) No Council member or employee of the Council may engage in 
criminal, infamous, dishonest, notoriously immoral, or disgraceful 
conduct.
    (7) No Council member or employee of the Council may use Council 
property on other than official business. Such property must be 
protected and preserved from improper or deleterious operation or use.
    (8) No Council member may participate--
    (i) Personally and substantially as a member through decision, 
approval, disapproval, recommendation, the rendering of advice, 
investigation, or otherwise in a particular matter primarily of 
individual concern, such as a contract, in which he or she has a 
financial interest; or
    (ii) In any matter of general public concern that is likely to have 
a direct and predictable effect on a member's financial interest, unless 
that interest is in harvesting, processing, or marketing activities and 
has been disclosed in a report filed under Sec. 600.235. For purposes of 
this section, the member's financial interest includes that of the 
member's spouse; minor child; partner; organization in which the member 
is serving as officer, director, trustee, partner or employee; or any 
person or organization with whom the member is negotiating or has any 
arrangement concerning prospective employment.



Sec. 600.230  Removal.

    The Secretary may remove for cause any Secretarially appointed 
member of a Council in accordance with section 302(b)(5) of the Magnuson 
Act, wherein the Council concerned first recommends removal of that 
member by not less than two-thirds of the voting members. A 
recommendation of a Council to remove a member must be made in writing 
to the Secretary and accompanied by a statement of the reasons upon 
which the recommendation is based.



Sec. 600.235  Financial disclosure.

    (a) The Magnuson Act requires the disclosure by each Council 
nominee, voting member appointed to the Council by the Secretary, and 
Executive Director, of any financial interest of the reporting 
individual in any harvesting, processing, or marketing activity that is 
being, or will be, undertaken within any fishery under the authority of 
the individual's Council, and of any such financial interest of the 
reporting individual's spouse, minor child, partner, or any organization 
(other than the

[[Page 17]]

Council) in which that individual is serving as an officer, director, 
trustee, partner, or employee. The information required to be reported 
must be disclosed on NOAA Form 88-195, ``Statement of Financial 
Interests for Use by Voting Members, Nominees, and Executive Directors 
of Regional Fishery Management Councils'' (Financial Interest Form), or 
such other form as the Secretary may prescribe. The report must be filed 
by each nominee for Secretarial appointment with the Assistant 
Administrator by April 15 or, if nominated after March 15, 1 month after 
nomination by the Governor. A seated voting member appointed by the 
Secretary, or an Executive Director, must file a Financial Interest Form 
within 45 days of taking office; must update his or her statement within 
30 days of acquiring any such financial interest, or of substantially 
changing a financial interest; and must update his/her statement 
annually and file that update by February 1 of each year with the 
Executive Director of the appropriate Council, and concurrently provide 
copies of such documents to the NMFS Regional Director for the 
geographic area concerned. The completed Financial Interest Forms will 
be kept on file, and made available for public inspection at reasonable 
hours at the Council offices. In addition, the statements will be made 
available at each public Council meeting or hearing.
    (b) The provisions of 18 U.S.C. 208 do not apply to an individual 
who has filed a financial report under this section regarding an 
interest that has been reported.
    (c) By February 1 of each year, Councils must forward copies of the 
completed disclosure from each current Council member and Executive 
Director to the Director, Office of Fisheries Conservation and 
Management, NMFS. Councils must also include any updates in disclosures, 
as well as revisions required for changes of interests.
    (d) Councils must retain the disclosure forms for each member for at 
least 5 years after the expiration of that member's last term.



Sec. 600.240  Security assurances.

    (a) DOC/OS will issue security assurances to Council nominees and 
members following completion of background checks. Security assurances 
will be valid for 5 years from the date of issuance. A security 
assurance will not entitle the member to access classified data. In 
instances in which Council members may need to discuss, at closed 
meetings, materials classified for national security purposes, the 
agency or individual (e.g., DOS, USCG) providing such classified 
information will be responsible for ensuring that Council members and 
other attendees have the appropriate security clearances.
    (b) Each nominee to a Council is required to complete a 
Certification of Status form (``form''). All nominees must certify, 
pursuant to the Foreign Agents Registration Act of 1938, whether they 
serve as an agent of a foreign principal. Each nominee must certify, 
date, sign, and return the form with his or her completed nomination 
kit. Nominees will not be considered for appointment to a Council if 
they have not filed this form. Any nominee who currently is an agent of 
a foreign principal will not be eligible for appointment to a Council, 
and therefore should not be nominated by a Governor for appointment.



Sec. 600.245  Council member compensation.

    (a) The obligatory and at-large voting members of each Council 
appointed under section 302(b)(1)(C) of the Magnuson Act who are not 
employed by the Federal Government or any state or local government 
(i.e., any member who does not receive compensation from any such 
government for the period when performing duties as a Council member) 
shall receive compensation at 1.2 times the daily rate for a GS-15 (Step 
1) of the General Schedule (without locality pay) when engaged in actual 
performance of duties as assigned by the Chair of the Council. Actual 
performance of duties, for the purposes of compensation, may include 
travel time.
    (b) All voting Council members whose eligibility for compensation 
has been established in accordance with NOAA guidelines will be paid 
through the cooperative agreement as a direct

[[Page 18]]

line item on a contractual basis without deductions being made for 
Social Security or Federal and state income taxes. A report of 
compensation will be furnished each year by the member's Council to the 
proper Regional Program Officer, as required by the Internal Revenue 
Service. Such compensation may be paid on a full day's basis, whether in 
excess of 8 hours a day or less than 8 hours a day. The time is 
compensable where the individual member is required to expend a 
significant private effort that substantially disrupts the daily routine 
to the extent that a work day is lost to the member. ``Homework'' time 
in preparation for formal Council meetings is not compensable.
    (c) Non-government Council members receive compensation for:
    (1) Days spent in actual attendance at a meeting of the Council or 
jointly with another Council.
    (2) Travel on the day preceding or following a scheduled meeting 
that precluded the member from conducting his normal business on the day 
in question.
    (3) Meetings of standing committees of the Council if approved in 
advance by the Chair.
    (4) Individual member meeting with scientific and technical 
advisors, when approved in advance by the Chair and a substantial 
portion of any day is spent at the meeting.
    (5) Conducting or attending hearings, when authorized in advance by 
the Chair.
    (6) Other meetings involving Council business when approved in 
advance by the Chair.
    (d) The Executive Director of each Council must submit to the 
appropriate Regional Office annually a report, approved by the Council 
Chair, of Council member compensation authorized. This report shall 
identify, for each member, amount paid, dates, and location and purpose 
of meetings attended.



                      Subpart D--National Standards



Sec. 600.305  General.

    (a) Purpose. (1) This subpart establishes guidelines, based on the 
national standards, to assist in the development and review of FMPs, 
amendments, and regulations prepared by the Councils and the Secretary.
    (2) In developing FMPs, the Councils have the initial authority to 
ascertain factual circumstances, to establish management objectives, and 
to propose management measures that will achieve the objectives. The 
Secretary will determine whether the proposed management objectives and 
measures are consistent with the national standards, other provisions of 
the Magnuson Act, and other applicable law. The Secretary has an 
obligation under section 301(b) of the Magnuson Act to inform the 
Councils of the Secretary's interpretation of the national standards so 
that they will have an understanding of the basis on which FMPs will be 
reviewed.
    (3) The national standards are statutory principles that must be 
followed in any FMP. The guidelines summarize Secretarial 
interpretations that have been, and will be, applied under these 
principles. The guidelines are intended as aids to decisionmaking; FMPs 
formulated according to the guidelines will have a better chance for 
expeditious Secretarial review, approval, and implementation. FMPs that 
are in substantial compliance with the guidelines, the Magnuson Act, and 
other applicable law must be approved.
    (b) Fishery management objectives. (1) Each FMP, whether prepared by 
a Council or by the Secretary, should identify what the FMP is designed 
to accomplish (i.e., the management objectives to be attained in 
regulating the fishery under consideration). In establishing objectives, 
Councils balance biological constraints with human needs, reconcile 
present and future costs and benefits, and integrate the diversity of 
public and private interests. If objectives are in conflict, priorities 
should be established among them.
    (2) How objectives are defined is important to the management 
process. Objectives should address the problems of a particular fishery. 
The objectives should be clearly stated, practicably attainable, framed 
in terms of definable events and measurable benefits, and based upon a 
comprehensive rather than a fragmentary approach to the

[[Page 19]]

problems addressed. An FMP should make a clear distinction between 
objectives and the management measures chosen to achieve them. The 
objectives of each FMP provide the context within which the Secretary 
will judge the consistency of an FMP's conservation and management 
measures with the national standards.
    (c) Word usage. The word usage refers to all regulations in this 
subpart.
    (1) Must is used, instead of ``shall'', to denote an obligation to 
act; it is used primarily when referring to requirements of the Magnuson 
Act, the logical extension thereof, or of other applicable law.
    (2) Shall is used only when quoting statutory language directly, to 
avoid confusion with the future tense.
    (3) Should is used to indicate that an action or consideration is 
strongly recommended to fulfill the Secretary's interpretation of the 
Magnuson Act, and is a factor reviewers will look for in evaluating a 
SOPP or FMP.
    (4) May is used in a permissive sense.
    (5) May not is proscriptive; it has the same force as ``must not.''
    (6) Will is used descriptively, as distinguished from denoting an 
obligation to act or the future tense.
    (7) Could is used when giving examples, in a hypothetical, 
permissive sense.
    (8) Can is used to mean ``is able to,'' as distinguished from 
``may.''
    (9) Examples are given by way of illustration and further 
explanation. They are not inclusive lists; they do not limit options.
    (10) Analysis, as a paragraph heading, signals more detailed 
guidance as to the type of discussion and examination an FMP should 
contain to demonstrate compliance with the standard in question.
    (11) Determine is used when referring to OY.
    (12) Adjust is used when establishing a deviation from MSY for 
biological reasons, such as in establishing ABC, TAC, or EY.
    (13) Modify is used when the deviation from MSY is for the purpose 
of determining OY, in accord with relevant economic, social, or 
ecological factors.



Sec. 600.310  National Standard 1--Optimum Yield.

    (a) Standard 1. Conservation and management measures shall prevent 
overfishing while achieving, on a continuing basis, the OY from each 
fishery for the U.S. fishing industry.
    (b) General. The determination of OY is a decisional mechanism for 
resolving the Magnuson Act's multiple purposes and policies, for 
implementing an FMP's objectives, and for balancing the various 
interests that comprise the national welfare. OY is based on MSY, or on 
MSY as it may be adjusted under paragraph (d)(3) of this section. The 
most important limitation on the specification of OY is that the choice 
of OY--and the conservation and management measures proposed to achieve 
it--must prevent overfishing.
    (c) Overfishing. (1) Overfishing is a level or rate of fishing 
mortality that jeopardizes the long-term capacity of a stock or stock 
complex to produce MSY on a continuing basis. Each FMP must specify, to 
the maximum extent possible, an objective and measurable definition of 
overfishing for each stock or stock complex covered by that FMP, and 
provide an analysis of how the definition was determined and how it 
relates to reproductive potential.
    (2) The definition of overfishing for a stock or stock complex may 
be developed or expressed in terms of a minimum level of spawning 
biomass (``threshold''); maximum level or rate of fishing mortality; or 
formula, model, or other measurable standard designed to ensure the 
maintenance of the stock's productive capacity. Overfishing must be 
defined in a way to enable the Council and the Secretary to monitor and 
evaluate the condition of the stock or stock complex relative to the 
definition.
    (3) Different fishing patterns can produce a variety of effects on 
local and areawide abundance, availability, size, and age composition of 
a stock. Some of these fishing patterns have been called ``growth,'' 
``localized,'' or ``pulse'' overfishing; however, these patterns are not 
necessarily overfishing under the national standard 1 definition, which 
focuses on recruitment and long-term reproductive capacity. (Also see 
paragraph (c)(6)(v)).

[[Page 20]]

    (4) Overfishing definitions must be based on the best scientific 
information available. Councils must build into the definition 
appropriate consideration of risk, taking into account uncertainties in 
estimating domestic harvest, stock conditions, or the effects of 
environmental factors (also see Sec. 600.335). In cases where scientific 
data are severely limited, the Councils' informed judgment must be used, 
and effort should be directed to identifying and gathering the needed 
data.
    (5) Secretarial approval or disapproval of the overfishing 
definition will be based on consideration of whether the proposal:
    (i) Has sufficient scientific merit.
    (ii) Is likely to result in effective Council action to prevent the 
stock from closely approaching or reaching an overfished status.
    (iii) Provides a basis for objective measurement of the status of 
the stock against the definition.
    (iv) Is operationally feasible.
    (6) In addition to a specific definition of overfishing for each 
stock or stock complex, an FMP must contain management measures 
necessary to prevent overfishing.
    (i) If overfishing is defined in terms of a threshold biomass level, 
the Council must ensure that fishing effort does not cause spawning 
biomass to fall and remain below that threshold.
    (ii) If overfishing is defined in terms of a maximum fishing 
mortality rate, the Council must ensure that fishing effort on that 
stock does not cause the maximum rate to be exceeded.
    (iii) If data indicate that an overfished condition exists, a 
program must be established for rebuilding the stock over a period of 
time specified by the Council and acceptable to the Secretary.
    (iv) If data indicate that a stock or stock complex is approaching 
an overfished condition, the Council should identify actions or 
combination of actions to be undertaken in response.
    (v) Depending on the objectives of a particular FMP and the specific 
definition of overfishing established for the stock or stock complex 
under management, a Council may recommend measures to prevent or permit 
pulse, localized, or growth overfishing.
    (7) Significant adverse alterations in environment/habitat 
conditions increase the possibility that fishing effort will contribute 
to a stock collapse. Care should be taken to identify the cause of any 
downward trends in spawning stock sizes or average annual recruitment.
    (i) Whether these trends are caused by environmental changes or by 
fishing effort, the only direct control provided by the Magnuson Act is 
to reduce fishing mortality.
    (ii) Unless the Council asserts, as supported by appropriate 
evidence, that reduced fishing effort would not alleviate the problem, 
the FMP must include measures to reduce fishing mortality, regardless of 
the cause of the low population level.
    (iii) If manmade environmental changes are contributing to the 
downward trends, in addition to controlling effort, Councils should 
recommend restoration of habitat and other ameliorative programs, to the 
extent possible, and consider whether to take action under section 
302(i) of the Magnuson Act.
    (8) There are certain limited exceptions to the requirement to 
prevent overfishing. Harvesting the major component of a mixed fishery 
at its optimum level may result in the overfishing of a minor (smaller 
or less valuable) stock component in the fishery. A Council may decide 
to permit this type of overfishing if it is demonstrated by analysis 
(paragraph (f)(5) of this section) that it will result in net benefits 
to the Nation, and if the Council's action will not cause any stock to 
require protection under the ESA.
    (9) All FMPs should contain a definition of overfishing for the 
stock or stock complex managed under the affected FMP.
    (d) MSY. (1) MSY is the largest average annual catch or yield that 
can be taken over a significant period of time from each stock under 
prevailing ecological and environmental conditions.
    (2) MSY may be presented as a range of values. One MSY may be 
specified for a related group of species in a mixed-species fishery. 
Since MSY is a long-term average, it need not be specified annually, but 
must be based on the best scientific information available.

[[Page 21]]

    (3) MSY may be only the starting point in providing a realistic 
biological description of allowable fishery removals. MSY may need to be 
adjusted because of environmental factors, stock peculiarities, or other 
biological variables, prior to the determination of OY. An example of 
such an adjustment is determination of ABC.
    (e) ABC. (1) ABC is a preliminary description of the acceptable 
harvest (or range of harvests) for a given stock or stock complex. Its 
derivation focuses on the status and dynamics of the stock, 
environmental conditions, other ecological factors, and prevailing 
technological characteristics of the fishery.
    (2) When ABC is used, its specification constitutes the first step 
in deriving OY from MSY. Unless the best scientific information 
available indicates otherwise (see Sec. 600.315, ABC should be no higher 
than the product of the stock's natural mortality rate and the biomass 
of the exploitable stock. If a threshold has been specified for the 
stock, ABC must equal zero when the stock is at or below that threshold 
(also see paragraph (c)(2) of this section). ABC may be expressed in 
numeric or nonnumeric terms.
    (f) OY--(1) Definition. The term ``optimum'' with respect to the 
yield from a fishery, means the amount of fish that will provide the 
greatest overall benefit to the Nation, with particular reference to 
food production and recreational opportunities; and that is prescribed 
as such on the basis of the MSY from each fishery, as modified by any 
relevant economic, social, or ecological factors (section 3(21)(b) of 
the Magnuson Act).
    (2) Values in determination. In determining the greatest benefit to 
the Nation, two values that should be weighed are food production and 
recreational opportunities (section 3(21)(a) of the Magnuson Act). They 
should receive serious attention as measures of benefit when considering 
the economic, ecological, or social factors used in modifying MSY to 
obtain OY.
    (i) Food production encompasses the goals of providing seafood to 
consumers, maintaining an economically viable fishery, and utilizing the 
capacity of U.S. fishery resources to meet nutritional needs.
    (ii) Recreational opportunities includes recognition of the 
importance of the quality of the recreational fishing experience, and of 
the contribution of recreational fishing to the national, regional, and 
local economies and food supplies.
    (3) Factors relevant to OY. The Magnuson Act's definition of OY 
identifies three categories of factors to be used in modifying MSY to 
arrive at OY: Economic, social, and ecological (section 3(21)(b) of the 
Magnuson Act). Not every factor will be relevant in every fishery. For 
some fisheries, insufficient information may be available with respect 
to some factors to provide a basis for corresponding modifications to 
MSY.
    (i) Economic factors. Examples are promotion of domestic fishing, 
development of unutilized or underutilized fisheries, satisfaction of 
consumer and recreational needs, and encouragement of domestic and 
export markets for U.S.-harvested fish. Some other factors that may be 
considered are the value of fisheries, the level of capitalization, 
operating costs of vessels, alternate employment opportunities, and 
economies of coastal areas.
    (ii) Social factors. Examples are enjoyment gained from recreational 
fishing, avoidance of gear conflicts and resulting disputes, 
preservation of a way of life for fishermen and their families, and 
dependence of local communities on a fishery. Among other factors that 
may be considered are the cultural place of subsistence fishing, 
obligations under Indian treaties, and worldwide nutritional needs.
    (iii) Ecological factors. Examples are the vulnerability of 
incidental or unregulated species in a mixed-species fishery, predator-
prey or competitive interactions, and dependence of marine mammals and 
birds or endangered species on a stock of fish. Equally important are 
environmental conditions that stress marine organisms, such as natural 
and manmade changes in wetlands or nursery grounds, and effects of 
pollutants on habitat and stocks.
    (4) Specification. (i) The amount of fish that constitutes the OY 
need not be expressed in terms of numbers or weight of fish. The 
economic, social, or ecological modifications to MSY may

[[Page 22]]

be expressed by describing fish having common characteristics, the 
harvest of which provides the greatest overall benefit to the Nation. 
For instance, OY may be expressed as a formula that converts periodic 
stock assessments into quotas or guideline harvest levels for 
recreational, commercial, and other fishing. OY may be defined in terms 
of an annual harvest of fish or shellfish having a minimum weight, 
length, or other measurement. OY may also be expressed as an amount of 
fish taken only in certain areas, or in certain seasons, or with 
particular gear, or by a specified amount of fishing effort. In the case 
of a mixed-species fishery, the incidental-species OY may be a function 
of the directed catch, or absorbed into an OY for related species.
    (ii) If a numerical OY is chosen, a range or average may be 
specified.
    (iii) In a fishery where there is a significant discard component, 
the OY may either include or exclude discards, consistent with the other 
yield determinations.
    (iv) The OY specification can be converted into an annual numerical 
estimate to establish any TALFF and to analyze impacts of the management 
regime. There should be a mechanism in an FMP for periodic reassessment 
of the OY specification, so that it is responsive to changing 
circumstances in the fishery.
    (v) The determination of OY requires a specification of MSY. 
However, even where sufficient scientific data as to the biological 
characteristics of the stock do not exist, or the period of exploitation 
or investigation has not been long enough for adequate understanding of 
stock dynamics, or where frequent large-scale fluctuations in stock size 
make this concept of limited value, the OY should be based on the best 
scientific information available.
    (5) Analysis. An FMP must contain an analysis of how its OY 
specification was determined (section 303(a)(3) of the Magnuson Act). It 
should relate the explanation of overfishing in paragraph (c) of this 
section to conditions in the particular fishery, and explain how its 
choice of OY and conservation and management measures will prevent 
overfishing in that fishery. If overfishing is permitted under paragraph 
(c)(8) of this section, the analysis must contain a justification in 
terms of overall benefits and an assessment of the risk of the species 
or stock component reaching a threatened or endangered status. A Council 
must identify those economic, social, and ecological factors relevant to 
management of a particular fishery, then evaluate them to arrive at the 
modification (if any) of MSY. The choice of a particular OY must be 
carefully defined and documented to show that the OY selected will 
produce the greatest benefit to the Nation.
    (g) OY as a target. (1) The specification of OY in an FMP is not 
automatically a quota or ceiling, although quotas may be derived from 
the OY, where appropriate. OY is a target or goal; an FMP must contain 
conservation and management measures, and provisions for information 
collection, that are designed to achieve OY. These measures should allow 
for practical and effective implementation and enforcement of the 
management regime, so that the harvest is allowed to reach, but not to 
exceed OY by a substantial amount. The Secretary has an obligation to 
implement and enforce the FMP so that OY is achieved. If management 
measures prove unenforceable--or too restrictive, or not rigorous enough 
to realize OY--they should be modified; an alternative is to reexamine 
the adequacy of the OY specification.
    (2) Exceeding OY does not necessarily constitute overfishing, 
although they might coincide. Even if no overfishing resulted, continual 
harvest at a level above a fixed-value OY would violate National 
Standard 1, because OY was exceeded (not achieved) on a continuing 
basis.
    (3) Part of the OY may be held as a reserve to allow for 
uncertainties in estimates of stock size and of DAH or to solve 
operational problems in achieving (but not exceeding) OY. If an OY 
reserve is established, an adequate mechanism should be included in the 
FMP to permit timely release of the reserve to domestic or foreign 
fishermen, if necessary.
    (h) OY and foreign fishing. Section 201(d) of the Magnuson Act 
provides that fishing by foreign nations is limited to that portion of 
the OY that will

[[Page 23]]

not be harvested by vessels of the United States.
    (1) DAH. Councils must consider the capacity of, and the extent to 
which, U.S. vessels will harvest the OY on an annual basis. Estimating 
the amount that U.S. fishing vessels will actually harvest is required 
to determine the surplus.
    (2) DAP. Each FMP must identify the capacity of U.S. processors. It 
must also identify the amount of DAP, which is the sum of two estimates:
    (i) The amount of U.S. harvest that domestic processors will 
process. This estimate may be based on historical performance and on 
surveys of the expressed intention of manufacturers to process, 
supported by evidence of contracts, plant expansion, or other relevant 
information.
    (ii) The amount of fish that will be harvested by domestic vessels, 
but not processed (e.g., marketed as fresh whole fish, used for private 
consumption, or used for bait).
    (iii) JVP. When DAH exceeds DAP, the surplus is available for JVP. 
JVP is derived from DAH.



Sec. 600.315  National Standard 2--Scientific Information.

    (a) Standard 2. Conservation and management measures shall be based 
upon the best scientific information available.
    (b) FMP development. The fact that scientific information concerning 
a fishery is incomplete does not prevent the preparation and 
implementation of an FMP (see related Secs. 600.320(d)(2) and 
600.340(b).
    (1) Scientific information includes, but is not limited to, 
information of a biological, ecological, economic, or social nature. 
Successful fishery management depends, in part, on the timely 
availability, quality, and quantity of scientific information, as well 
as on the thorough analysis of this information, and the extent to which 
the information is applied. If there are conflicting facts or opinions 
relevant to a particular point, a Council may choose among them, but 
should justify the choice.
    (2) FMPs must take into account the best scientific information 
available at the time of preparation. Between the initial drafting of an 
FMP and its submission for final review, new information often becomes 
available. This new information should be incorporated into the final 
FMP where practicable; but it is unnecessary to start the FMP process 
over again, unless the information indicates that drastic changes have 
occurred in the fishery that might require revision of the management 
objectives or measures.
    (c) FMP implementation. (1) An FMP must specify whatever information 
fishermen and processors will be required or requested to submit to the 
Secretary. Information about harvest within state boundaries, as well as 
in the EEZ, may be collected if it is needed for proper implementation 
of the FMP and cannot be obtained otherwise. The FMP should explain the 
practical utility of the information specified in monitoring the 
fishery, in facilitating inseason management decisions, and in judging 
the performance of the management regime; it should also consider the 
effort, cost, or social impact of obtaining it.
    (2) An FMP should identify scientific information needed from other 
sources to improve understanding and management of the resource and the 
fishery.
    (3) The information submitted by various data suppliers about the 
stocks(s) throughout its range or about the fishery should be comparable 
and compatible, to the maximum extent possible.
    (d) FMP amendment. FMPs should be amended on a timely basis, as new 
information indicates the necessity for change in objectives or 
management measures.
    (e) SAFE Report. (1) The SAFE report is a document or set of 
documents that provides Councils with a summary of the most recent 
biological condition of species in the FMU, and the social and economic 
condition of the recreational and commercial fishing interests and the 
fish processing industries. It summarizes, on a periodic basis, the best 
available scientific information concerning the past, present, and 
possible future condition of the stocks and fisheries being managed 
under Federal regulation.
    (i) The Secretary has the responsibility to assure that a SAFE 
report or

[[Page 24]]

similar document is prepared, reviewed annually, and changed as 
necessary for each FMP. The Secretary or Councils may utilize any 
combination of talent from Council, state, Federal, university, or other 
sources to acquire and analyze data and produce the SAFE report.
    (ii) The SAFE report provides information to the Councils for 
determining annual harvest levels from each stock, documenting 
significant trends or changes in the resource and fishery over time, and 
assessing the relative success of existing state and Federal fishery 
management programs. In addition, the SAFE report may be used to update 
or expand previous environmental and regulatory impact documents, and 
ecosystem and habitat descriptions.
    (iii) Each SAFE report must be scientifically based, and cite data 
sources and interpretations.
    (2) Each SAFE report should contain information on which to base 
harvest specifications.
    (3) Each SAFE report should contain information on which to assess 
the social and economic condition of the persons and businesses that 
rely on the use of fish resources, including fish processing industries.
    (4) Each SAFE report may contain additional economic, social, and 
ecological information pertinent to the success of management or the 
achievement of objectives of each FMP.



Sec. 600.320  National Standard 3--Management Units.

    (a) Standard 3. To the extent practicable, an individual stock of 
fish shall be managed as a unit throughout its range, and interrelated 
stocks of fish shall be managed as a unit or in close coordination.
    (b) General. The purpose of this standard is to induce a 
comprehensive approach to fishery management. The geographic scope of 
the fishery, for planning purposes, should cover the entire range of the 
stocks(s) of fish, and not be overly constrained by political 
boundaries. Wherever practicable, an FMP should seek to manage 
interrelated stocks of fish.
    (c) Unity of management. Cooperation and understanding among 
entities concerned with the fishery (e.g., Councils, states, Federal 
Government, international commissions, foreign nations) are vital to 
effective management. Where management of a fishery involves multiple 
jurisdictions, coordination among the several entities should be sought 
in the development of an FMP. Where a range overlaps Council areas, one 
FMP to cover the entire range is preferred. The Secretary designates 
which Council(s) will prepare the FMP, under section 304(f) of the 
Magnuson Act.
    (d) Management unit. The term ``management unit'' means a fishery or 
that portion of a fishery identified in an FMP as relevant to the FMP's 
management objectives.
    (1) Basis. The choice of a management unit depends on the focus of 
the FMP's objectives, and may be organized around biological, 
geographic, economic, technical, social, or ecological perspectives. For 
example:
    (i) Biological--could be based on a stock(s) throughout its range.
    (ii) Geographic--could be an area.
    (iii) Economic--could be based on a fishery supplying specific 
product forms.
    (iv) Technical--could be based on a fishery utilizing a specific 
gear type or similar fishing practices.
    (v) Social--could be based on fishermen as the unifying element, 
such as when the fishermen pursue different species in a regular pattern 
throughout the year.
    (vi) Ecological--could be based on species that are associated in 
the ecosystem or are dependent on a particular habitat.
    (2) Conservation and management measures. FMPs should include 
conservation and management measures for that part of the management 
unit within U.S. waters, although the Secretary can ordinarily implement 
them only within the EEZ. The measures need not be identical for each 
geographic area within the management unit, if the FMP justifies the 
differences. A management unit may contain, in addition to regulated 
species, stocks of fish for which there is not enough information 
available to specify MSY and OY or to establish management measures, so

[[Page 25]]

that data on these species may be collected under the FMP.
    (e) Analysis. To document that an FMP is as comprehensive as 
practicable, it should include discussions of the following:
    (1) The range and distribution of the stocks, as well as the 
patterns of fishing effort and harvest.
    (2) Alternative management units and reasons for selecting a 
particular one. A less-than-comprehensive management unit may be 
justified if, for example, complementary management exits or is planned 
for a separate geographic area or for a distinct use of the stocks, or 
if the unmanaged portion of the resource is immaterial to proper 
management.
    (3) Management activities and habitat programs of adjacent states 
and their effects on the FMP's objectives and management measures. Where 
state action is necessary to implement measures within state waters to 
achieve FMP objectives, the FMP should identify what state action is 
necessary, discuss the consequences of state inaction or contrary 
action, and make appropriate recommendations. The FMP should also 
discuss the impact that Federal regulations will have on state 
management activities.
    (4) Management activities of other countries having an impact on the 
fishery, and how the FMP's management measures are designed to take into 
account these impacts. International boundaries may be dealt with in 
several ways. For example:
    (i) By limiting the management unit's scope to that portion of the 
stock found in U.S. waters;
    (ii) By estimating MSY for the entire stock and then basing the 
determination of OY for the U.S. fishery on the portion of the stock 
within U.S. waters; or
    (iii) By referring to treaties or cooperative agreements.



Sec. 600.325  National Standard 4--Allocations.

    (a) Standard 4. Conservation and management measures shall not 
discriminate between residents of different states. If it becomes 
necessary to allocate or assign fishing privileges among various U.S. 
fishermen, such allocation shall be:
    (1) Fair and equitable to all such fishermen.
    (2) Reasonably calculated to promote conservation.
    (3) Carried out in such manner that no particular individual, 
corporation, or other entity acquires an excessive share of such 
privileges.
    (b) Discrimination among residents of different states. An FMP may 
not differentiate among U.S. citizens, nationals, resident aliens, or 
corporations on the basis of their state of residence. An FMP may not 
incorporate or rely on a state statute or regulation that discriminates 
against residents of another state. Conservation and management measures 
that have different effects on persons in various geographic locations 
are permissible if they satisfy the other guidelines under Standard 4. 
Examples of these precepts are:
    (1) An FMP that restricted fishing in the EEZ to those holding a 
permit from state X would violate Standard 4 if state X issued permits 
only to its own citizens.
    (2) An FMP that closed a spawning ground might disadvantage 
fishermen living in the state closest to it, because they would have to 
travel farther to an open area, but the closure could be justified under 
Standard 4 as a conservation measure with no discriminatory intent.
    (c) Allocation of fishing privileges. An FMP may contain management 
measures that allocate fishing privileges if such measures are necessary 
or helpful in furthering legitimate objectives or in achieving the OY, 
and if the measures conform with paragraphs (c)(3)(i) through 
(c)(3)(iii) of this section.
    (1) Definition. An ``allocation'' or ``assignment'' of fishing 
privileges is a direct and deliberate distribution of the opportunity to 
participate in a fishery among identifiable, discrete user groups or 
individuals. Any management measure (or lack of management) has 
incidental allocative effects, but only those measures that result in 
direct distributions of fishing privileges will be judged against the 
allocation requirements of Standard 4. Adoption of an FMP that merely 
perpetuates existing fishing practices may result in

[[Page 26]]

an allocation, if those practices directly distribute the opportunity to 
participate in the fishery. Allocations of fishing privileges include, 
for example, per-vessel catch limits, quotas by vessel class and gear 
type, different quotas or fishing seasons for recreational and 
commercial fishermen, assignment of ocean areas to different gear users, 
and limitation of permits to a certain number of vessels or fishermen.
    (2) Analysis of allocations. Each FMP should contain a description 
and analysis of the allocations existing in the fishery and of those 
made in the FMP. The effects of eliminating an existing allocation 
system should be examined. Allocation schemes considered, but rejected 
by the Council, should be included in the discussion. The analysis 
should relate the recommended allocations to the FMP's objectives and OY 
specification, and discuss the factors listed in paragraph (c)(3) of 
this section.
    (3) Factors in making allocations. An allocation of fishing 
privileges must be fair and equitable, must be reasonably calculated to 
promote conservation, and must avoid excessive shares. These tests are 
explained in paragraphs (c)(3)(i) through (c)(3)(iii) of this section:
    (i) Fairness and equity. (A) An allocation of fishing privileges 
should be rationally connected to the achievement of OY or with the 
furtherance of a legitimate FMP objective. Inherent in an allocation is 
the advantaging of one group to the detriment of another. The motive for 
making a particular allocation should be justified in terms of the 
objectives of the FMP; otherwise, the disadvantaged user groups or 
individuals would suffer without cause. For instance, an FMP objective 
to preserve the economic status quo cannot be achieved by excluding a 
group of long-time participants in the fishery. On the other hand, there 
is a rational connection between an objective of harvesting shrimp at 
their maximum size and closing a nursery area to trawling.
    (B) An allocation of fishing privileges may impose a hardship on one 
group if it is outweighed by the total benefits received by another 
group or groups. An allocation need not preserve the status quo in the 
fishery to qualify as ``fair and equitable,'' if a restructuring of 
fishing privileges would maximize overall benefits. The Council should 
make an initial estimate of the relative benefits and hardships imposed 
by the allocation, and compare its consequences with those of 
alternative allocation schemes, including the status quo. Where 
relevant, judicial guidance and government policy concerning the rights 
of treaty Indians and aboriginal Americans must be considered in 
determining whether an allocation is fair and equitable.
    (ii) Promotion of conservation. Numerous methods of allocating 
fishing privileges are considered ``conservation and management'' 
measures under section 303 of the Magnuson Act. An allocation scheme may 
promote conservation by encouraging a rational, more easily managed use 
of the resource. Or, it may promote conservation (in the sense of wise 
use) by optimizing the yield, in terms of size, value, market mix, 
price, or economic or social benefit of the product.
    (iii) Avoidance of excessive shares. An allocation scheme must be 
designed to deter any person or other entity from acquiring an excessive 
share of fishing privileges, and to avoid creating conditions fostering 
inordinate control, by buyers or sellers, that would not otherwise 
exist.
    (iv) Other factors. In designing an allocation scheme, a Council 
should consider other factors relevant to the FMP's objectives. Examples 
are economic and social consequences of the scheme, food production, 
consumer interest, dependence on the fishery by present participants and 
coastal communities, efficiency of various types of gear used in the 
fishery, transferability of effort to and impact on other fisheries, 
opportunity for new participants to enter the fishery, and enhancement 
of opportunities for recreational fishing.



Sec. 600.330  National Standard 5--Efficiency.

    (a) Standard 5. Conservation and management measures shall, where 
practicable, promote efficiency in the utilization of fishery resources; 
except

[[Page 27]]

that no such measure shall have economic allocation as its sole purpose.
    (b) Efficiency in the utilization of resources--(1) General. The 
term ``utilization'' encompasses harvesting, processing, and marketing, 
since management decisions affect all three sectors of the industry. The 
goal of promoting efficient utilization of fishery resources may 
conflict with other legitimate social or biological objectives of 
fishery management. In encouraging efficient utilization of fishery 
resources, this standard highlights one way that a fishery can 
contribute to the Nation's benefit with the least cost to society: Given 
a set of objectives for the fishery, an FMP should contain management 
measures that result in as efficient a fishery as is practicable or 
desirable.
    (2) Efficiency. In theory, an efficient fishery would harvest the OY 
with the minimum use of economic inputs such as labor, capital, 
interest, and fuel. Efficiency in terms of aggregate costs then becomes 
a conservation objective, where ``conservation'' constitutes wise use of 
all resources involved in the fishery, not just fish stocks.
    (i) In an FMP, management measures may be proposed that allocate 
fish among different groups of individuals or establish a system of 
property rights. Alternative measures examined in searching for an 
efficient outcome will result in different distributions of gains and 
burdens among identifiable user groups. An FMP should demonstrate that 
management measures aimed at efficiency do not simply redistribute gains 
and burdens without an increase in efficiency.
    (ii) Management regimes that allow a fishery to operate at the 
lowest possible cost (e.g., fishing effort, administration, and 
enforcement) for a particular level of catch and initial stock size are 
considered efficient. Restrictive measures that unnecessarily raise any 
of those costs move the regime toward inefficiency. Unless the use of 
inefficient techniques or the creation of redundant fishing capacity 
contributes to the attainment of other social or biological objectives, 
an FMP may not contain management measures that impede the use of cost-
effective techniques of harvesting, processing, or marketing, and should 
avoid creating strong incentives for excessive investment in private 
sector fishing capital and labor.
    (c) Limited access. A ``system for limiting access,'' which is an 
optional measure under section 303(b) of the Magnuson Act, is a type of 
allocation of fishing privileges that may be used to promote economic 
efficiency or conservation. For example, limited access may be used to 
combat overfishing, overcrowding, or overcapitalization in a fishery to 
achieve OY. In an unutilized or underutilized fishery, it may be used to 
reduce the chance that these conditions will adversely affect the 
fishery in the future, or to provide adequate economic return to 
pioneers in a new fishery. In some cases, limited entry is a useful 
ingredient of a conservation scheme, because it facilitates application 
and enforcement of other management measures.
    (1) Definition. Limited access (or limited entry) is a management 
technique that attempts to limit units of effort in a fishery, usually 
for the purpose of reducing economic waste, improving net economic 
return to the fishermen, or capturing economic rent for the benefit of 
the taxpayer or the consumer. Common forms of limited access are 
licensing of vessels, gear, or fishermen to reduce the number of units 
of effort, and dividing the total allowable catch into fishermen's 
quotas (a stock-certificate system). Two forms (i.e., Federal fees for 
licenses or permits in excess of administrative costs, and taxation) are 
not permitted under the Magnuson Act.
    (2) Factors to consider. The Magnuson Act ties the use of limited 
access to the achievement of OY. An FMP that proposes a limited access 
system must consider the factors listed in section 303(b)(6) of the 
Magnuson Act and in Sec. 600.325(c)(3). In addition, it should consider 
the criteria for qualifying for a permit, the nature of the interest 
created, whether to make the permit transferable, and the Magnuson Act's 
limitation on returning economic rent to the public under section 
304(d)(1). The FMP should also discuss the costs of achieving an 
appropriate distribution of fishing privileges.

[[Page 28]]

    (d) Analysis. An FMP should discuss the extent to which 
overcapitalization, congestion, economic waste, and inefficient 
techniques in the fishery reduce the net benefits derived from the 
management unit and prevent the attainment and appropriate allocation of 
OY. It should also explain, in terms of the FMP's objectives, any 
restriction placed on the use of efficient techniques of harvesting, 
processing, or marketing. If, during FMP development, the Council 
considered imposing a limited-entry system, the FMP should analyze the 
Council's decision to recommend or reject limited access as a technique 
to achieve efficient utilization of the resources of the fishing 
industry.
    (e) Economic allocation. This standard prohibits only those measures 
that distribute fishery resources among fishermen on the basis of 
economic factors alone, and that have economic allocation as their only 
purpose. Where conservation and management measures are recommended that 
would change the economic structure of the industry or the economic 
conditions under which the industry operates, the need for such measures 
must be justified in light of the biological, ecological, and social 
objectives of the FMP, as well as the economic objectives.



Sec. 600.335  National Standard 6--Variations and Contingencies.

    (a) Standard 6. Conservation and management measures shall take into 
account and allow for variations among, and contingencies in, fisheries, 
fishery resources, and catches.
    (b) Conservation and management. Each fishery exhibits unique 
uncertainties. The phrase ``conservation and management'' implies the 
wise use of fishery resources through a management regime that includes 
some protection against these uncertainties. The particular regime 
chosen must be flexible enough to allow timely response to resource, 
industry, and other national and regional needs. Continual data 
acquisition and analysis will help the development of management 
measures to compensate for variations and to reduce the need for 
substantial buffers. Flexibility in the management regime and the 
regulatory process will aid in responding to contingencies.
    (c) Variations. (1) In fishery management terms, variations arise 
from biological, social, and economic occurrences, as well as from 
fishing practices. Biological uncertainties and lack of knowledge can 
hamper attempts to estimate stock size and strength, stock location in 
time and space, environmental/habitat changes, and ecological 
interactions. Economic uncertainty may involve changes in foreign or 
domestic market conditions, changes in operating costs, drifts toward 
overcapitalization, and economic perturbations caused by changed fishing 
patterns. Changes in fishing practices, such as the introduction of new 
gear, rapid increases or decreases in harvest effort, new fishing 
strategies, and the effects of new management techniques, may also 
create uncertainties. Social changes could involve increases or 
decreases in recreational fishing, or the movement of people into or out 
of fishing activities due to such factors as age or educational 
opportunities.
    (2) Every effort should be made to develop FMPs that discuss and 
take into account these vicissitudes. To the extent practicable, FMPs 
should provide a suitable buffer in favor of conservation. Allowances 
for uncertainties should be factored into the various elements of an 
FMP. Examples are:
    (i) Reduce OY. Lack of scientific knowledge about the condition of a 
stock(s) could be reason to reduce OY.
    (ii) Establish a reserve. Creation of a reserve may compensate for 
uncertainties in estimating domestic harvest, stock conditions, or 
environmental factors.
    (iii) Adjust management techniques. In the absence of adequate data 
to predict the effect of a new regime, and to avoid creating unwanted 
variations, a Council could guard against producing drastic changes in 
fishing patterns, allocations, or practices.
    (iv) Highlight habitat conditions. FMPs may address the impact of 
pollution and the effects of wetland and estuarine degradation on the 
stocks of fish; identify causes of pollution and habitat degradation and 
the authorities having jurisdiction to regulate or influence

[[Page 29]]

such activities; propose recommendations that the Secretary will convey 
to those authorities to alleviate such problems; and state the views of 
the Council on unresolved or anticipated issues.
    (d) Contingencies. Unpredictable events--such as unexpected resource 
surges or failures, fishing effort greater than anticipated, disruptive 
gear conflicts, climatic conditions, or environmental catastrophes--are 
best handled by establishing a flexible management regime that contains 
a range of management options through which it is possible to act 
quickly without amending the FMP or even its regulations.
    (1) The FMP should describe the management options and their 
consequences in the necessary detail to guide the Secretary in 
responding to changed circumstances, so that the Council preserves its 
role as policy-setter for the fishery. The description should enable the 
public to understand what may happen under the flexible regime, and to 
comment on the options.
    (2) FMPs should include criteria for the selection of management 
measures, directions for their application, and mechanisms for timely 
adjustment of management measures comprising the regime. For example, an 
FMP could include criteria that allow the Secretary to open and close 
seasons, close fishing grounds, or make other adjustments in management 
measures.
    (3) Amendment of a flexible FMP would be necessary when 
circumstances in the fishery change substantially, or when a Council 
adopts a different management philosophy and objectives.



Sec. 600.340  National Standard 7--Costs and Benefits.

    (a) Standard 7. Conservation and management measures shall, where 
practicable, minimize costs and avoid unnecessary duplication.
    (b) Necessity of Federal management--(1) General. The principle that 
not every fishery needs regulation is implicit in this standard. The 
Magnuson Act does not require Councils to prepare FMPs for each and 
every fishery--only for those where regulation would serve some useful 
purpose and where the present or future benefits of regulation would 
justify the costs. For example, the need to collect data about a fishery 
is not, by itself, adequate justification for preparation of an FMP, 
since there are less costly ways to gather the data (see 
Sec. 600.320(d)(2). In some cases, the FMP preparation process itself, 
even if it does not culminate in a document approved by the Secretary, 
can be useful in supplying a basis for management by one or more coastal 
states.
    (2) Criteria. In deciding whether a fishery needs management through 
regulations implementing an FMP, the following general factors should be 
considered, among others:
    (i) The importance of the fishery to the Nation and to the regional 
economy.
    (ii) The condition of the stock or stocks of fish and whether an FMP 
can improve or maintain that condition.
    (iii) The extent to which the fishery could be or is already 
adequately managed by states, by state/Federal programs, by Federal 
regulations pursuant to FMPs or international commissions, or by 
industry self-regulation, consistent with the policies and standards of 
the Magnuson Act.
    (iv) The need to resolve competing interests and conflicts among 
user groups and whether an FMP can further that resolution.
    (v) The economic condition of a fishery and whether an FMP can 
produce more efficient utilization.
    (vi) The needs of a developing fishery, and whether an FMP can 
foster orderly growth.
    (vii) The costs associated with an FMP, balanced against the 
benefits (see paragraph (d) of this section as a guide).
    (c) Alternative management measures. Management measures should not 
impose unnecessary burdens on the economy, on individuals, on private or 
public organizations, or on Federal, state, or local governments. 
Factors such as fuel costs, enforcement costs, or the burdens of 
collecting data may well suggest a preferred alternative.
    (d) Analysis. The supporting analyses for FMPs should demonstrate 
that the benefits of fishery regulation are real and substantial 
relative to the added

[[Page 30]]

research, administrative, and enforcement costs, as well as costs to the 
industry of compliance. In determining the benefits and costs of 
management measures, each management strategy considered and its impacts 
on different user groups in the fishery should be evaluated. This 
requirement need not produce an elaborate, formalistic cost/benefit 
analysis. Rather, an evaluation of effects and costs, especially of 
differences among workable alternatives, including the status quo, is 
adequate. If quantitative estimates are not possible, qualitative 
estimates will suffice.
    (1) Burdens. Management measures should be designed to give 
fishermen the greatest possible freedom of action in conducting business 
and pursuing recreational opportunities that are consistent with 
ensuring wise use of the resources and reducing conflict in the fishery. 
The type and level of burden placed on user groups by the regulations 
need to be identified. Such an examination should include, for example: 
Capital outlays; operating and maintenance costs; reporting costs; 
administrative, enforcement, and information costs; and prices to 
consumers. Management measures may shift costs from one level of 
government to another, from one part of the private sector to another, 
or from the government to the private sector. Redistribution of costs 
through regulations is likely to generate controversy. A discussion of 
these and any other burdens placed on the public through FMP regulations 
should be a part of the FMP's supporting analyses.
    (2) Gains. The relative distribution of gains may change as a result 
of instituting different sets of alternatives, as may the specific type 
of gain. The analysis of benefits should focus on the specific gains 
produced by each alternative set of management measures, including the 
status quo. The benefits to society that result from the alternative 
management measures should be identified, and the level of gain 
assessed.



                Subpart E--Confidentiality of Statistics



Sec. 600.405  Types of statistics covered.

    NOAA is authorized under the Magnuson Act and other statutes to 
collect proprietary or confidential commercial or financial information. 
This part applies to all pertinent data required to be submitted to the 
Secretary with respect to any FMP including, but not limited to, 
information regarding the type and quantity of fishing gear used, catch 
by species in numbers of fish or weight thereof, areas in which fishing 
occurred, time of fishing, number of hauls, and the estimated processing 
capacity of, and the actual processing capacity utilized by, U.S. fish 
processors.



Sec. 600.410  Collection and maintenance of statistics.

    (a) General. (1) All statistics required to be submitted to the 
Secretary are provided to the Assistant Administrator.
    (2) After receipt, the Assistant Administrator will remove all 
identifying particulars from the statistics if doing so is consistent 
with the needs of NMFS and good scientific practice.
    (3) Appropriate safeguards as specified by NOAA Directives, or other 
NOAA or NMFS internal procedures, apply to the collection and 
maintenance of all statistics, whether separated from identifying 
particulars or not, so as to ensure their confidentiality.
    (b) Collection agreements with states. (1) The Assistant 
Administrator may enter into an agreement with a state authorizing the 
state to collect statistics on behalf of the Secretary.
    (2) NMFS will not enter into a cooperative collection agreement with 
a state unless the state has authority to protect the statistics from 
disclosure in a manner at least as protective as these regulations.

[[Page 31]]



Sec. 600.415  Access to statistics.

    (a) General. In determining whether to grant a request for access to 
confidential data, the following information will be taken into 
consideration (also see Sec. 600.130):
    (1) The specific types of data required.
    (2) The relevance of the data to conservation and management issues.
    (3) The duration of time access will be required: continuous, 
infrequent, or one-time.
    (4) An explanation of why the availability of aggregate or non-
confidential summaries of data from other sources would not satisfy the 
requested needs.
    (b) Federal employees. Statistics submitted as a requirement of an 
FMP and that reveal the identity of the submitter will only be 
accessible to the following:
    (1) Personnel within NMFS responsible for the collection, 
processing, and storage of the statistics.
    (2) Federal employees who are responsible for FMP development, 
monitoring, and enforcement.
    (3) Personnel within NMFS performing research that requires 
confidential statistics.
    (4) Other NOAA personnel on a demonstrable need-to-know basis.
    (5) NOAA/NMFS contractors or grantees who require access to 
confidential statistics to perform functions authorized by a Federal 
contract or grant.
    (c) State personnel. Upon written request, confidential statistics 
will only be accessible if:
    (1) State employees demonstrate a need for confidential statistics 
for use in fishery conservation and management.
    (2) The state has entered into a written agreement between the 
Assistant Administrator and the head of the state's agency that manages 
marine and/or anadromous fisheries. The agreement shall contain a 
finding by the Assistant Administrator that the state has 
confidentiality protection authority comparable to the Magnuson Act and 
that the state will exercise this authority to limit subsequent access 
and use of the data to fishery management and monitoring purposes.
    (d) Councils. Upon written request by the Council Executive 
Director, access to confidential data will be granted to:
    (1) Council employees who are responsible for FMP development and 
monitoring.
    (2) A Council for use by the Council for conservation and management 
purposes, with the approval of the Assistant Administrator. In addition 
to the information described in paragraph (a) of this section, the 
Assistant Administrator will consider the following in deciding whether 
to grant access:
    (i) The possibility that Council members might gain personal or 
competitive advantage from access to the data.
    (ii) The possibility that the suppliers of the data would be placed 
at a competitive disadvantage by public disclosure of the data at 
Council meetings or hearings.
    (3) A contractor of the Council for use in such analysis or studies 
necessary for conservation and management purposes, with approval of the 
Assistant Administrator and execution of an agreement with NMFS as 
described by NOAA Administrative Order (NAO) 216-100.
    (e) Prohibitions. Persons having access to these data are prohibited 
from unauthorized use or disclosure and are subject to the provisions of 
18 U.S.C. 1905, 16 U.S.C. 1857, and NOAA/NMFS internal procedures, 
including NAO 216-100.



Sec. 600.420  Control system.

    (a) The Assistant Administrator maintains a control system to 
protect the identity of submitters of statistics required by an FMP. The 
control system:
    (1) Identifies those persons who have access to the statistics.
    (2) Contains procedures to limit access to confidential data to 
authorized users.
    (3) Provides for safeguarding the data.
    (b) This system requires that all persons who have authorized access 
to the data be informed of the confidentiality of the data. These 
persons are required to sign a statement that they:
    (1) Have been informed that the data are confidential.

[[Page 32]]

    (2) Have reviewed and are familiar with the procedures to protect 
confidential statistics.



Sec. 600.425  Release of statistics.

    (a) The Assistant Administrator will not release to the public any 
statistics required to be submitted under an FMP in a form that would 
identify the submitter, except as required by law.
    (b) All requests from the public for statistics submitted in 
response to a requirement of an FMP will be processed consistent with 
the NOAA FOIA regulations (15 CFR part 903), NAO 205-14, Department of 
Commerce Administrative Orders 205-12 and 205-14 and 15 CFR part 4.
    (c) NOAA does not release or allow access to confidential 
information in its possession to members of Council advisory groups, 
except as provided by law.



                       Subpart F--Foreign Fishing



Sec. 600.501  Vessel permits.

    (a) General. (1) Each FFV fishing under the Magnuson Act must have 
on board a permit issued under this section, unless it is engaged only 
in recreational fishing.
    (2) Permits issued under this section do not authorize FFV's or 
persons to harass, capture, or kill marine mammals. No marine mammals 
may be taken in the course of fishing unless that vessel has on board a 
currently valid Authorization Certificate under the MMPA. Regulations 
governing the taking of marine mammals incidental to commercial fishing 
operations are contained in 50 CFR part 229 of this title.
    (b) Responsibility of owners and operators. The owners and operators 
of each FFV are jointly and severally responsible for compliance with 
the Magnuson Act, the applicable GIFA, this subpart, and any permit 
issued under the Magnuson Act and this subpart. The owners and operators 
of each FFV bear civil responsibility for the acts of their employees 
and agents constituting violations, regardless of whether the specific 
acts were authorized or even forbidden by the employer or principal, and 
regardless of knowledge concerning the occurrence.
    (c) Activity codes. Permits to fish under a GIFA may be issued by 
the Assistant Administrator for the activities described in this 
paragraph, but the permits may be modified by regulations of this 
subpart, and by the conditions and restrictions attached to the permit 
(see paragraphs (e)(1)(v) and (l) of this section). The Assistant 
Administrator may issue a permit, as appropriate, for one or more of the 
activity codes listed below. The activity codes are described as 
follows:
    (1) Activity Code 1. Catching, scouting, processing, transshipping, 
and supporting foreign vessels. Activity is limited to fish harvested or 
to be harvested by foreign vessels in the EEZ.
    (2) Activity Code 2. Processing, scouting, transshipping, and 
supporting foreign vessels. Activity is limited to fish harvested or to 
be harvested by foreign vessels in the EEZ.
    (3) Activity Code 3. Transshipping, scouting, and supporting foreign 
vessels. Activity is limited to fish harvested or to be harvested by 
foreign vessels in the EEZ.
    (4) Activity Code 4. Processing, scouting, transshipping, and 
supporting U.S. vessels delivering fish to foreign vessels. Activity is 
limited to the receipt of unprocessed fish harvested or to be harvested 
by U.S. vessels.
    (5) Activity Code 5. Transshipping, scouting, and supporting foreign 
vessels. Transshipment limited to fish received or to be received from 
foreign vessels processing fish from U.S. harvesting vessels.
    (6) Activity Code 6. Transshipping, scouting, and supporting U.S. 
vessels. Transshipment limited to U.S.-harvested fish processed on board 
U.S. vessels.
    (7) Activity Code 7. Processing, transshipping, and supporting 
foreign vessels. Activity limited to fish harvested or to be harvested 
by foreign vessels seaward of the EEZ.
    (8) Activity Code 8. Transshipping and supporting foreign vessels. 
Activity is limited to fish harvested or to be harvested seaward of the 
EEZ by foreign vessels or fish duly authorized for processing in the 
internal waters of one of the states.
    (9) Activity Code 9. Supporting U.S. fishing vessels and U.S. fish 
processing

[[Page 33]]

vessels and any foreign fishing vessels authorized under any activity 
code under paragraph (c) of this subpart.
    (d) Application. (1) Applications for FFV permits must be submitted 
by each foreign nation to the DOS. Application forms are available from 
OES/OMC, DOS, Washington, DC. The applicant should allow 90 days for 
review and comment by the public, involved governmental agencies, and 
appropriate Councils, and for processing before the anticipated date to 
begin fishing. The permit application fee must be paid at the time of 
application according to Sec. 600.518.
    (2) Applicants must provide complete and accurate information 
requested on the permit application form.
    (3) Applicants for FFV's that will support U.S. vessels in joint 
ventures (Activity Code 4) must provide the additional information 
specified by the permit application form.
    (4) Each foreign nation may substitute one FFV for another by 
submitting a new vessel information form and a short explanation of the 
reason for the substitution to the DOS. Each substitution is considered 
a new application and a new application fee must be paid. NMFS will 
promptly process an application for a vessel replacing a permitted FFV 
that is disabled or decommissioned, once the DOS has notified the 
appropriate Council(s) of the substituted application.
    (e) Issuance. (1) Permits may be issued to an FFV by the Assistant 
Administrator through the DOS after--
    (i) The Assistant Administrator determines that the fishing 
described in the application will meet the requirements of the Magnuson 
Act and approves the permit application.
    (ii) The foreign nation has paid the fees, including any surcharge 
fees and provided any assurances required by the Secretary in accordance 
with the provisions of Sec. 600.518.
    (iii) The foreign nation has appointed an agent.
    (iv) The foreign nation has identified a designated representative.
    (v) The general ``conditions and restrictions'' of receiving 
permits, as required by section 204(b)(7) of the Magnuson Act, and any 
``additional restrictions'' attached to the permit for the conservation 
and management of fishery resources or to prevent significant impairment 
of the national defense or security interests, have been accepted by the 
nation issuing the FFV's documents.
    (2) NMFS will distribute blank permit forms to the designated 
representative while the application is being processed. The designated 
representative must ensure that each FFV receives a permit form and must 
accurately transmit the permit form and the contents of the permit to 
the FFV when it is issued. NMFS may authorize the modification and use 
of the previous year's permit forms to be used on an interim basis in 
place of the current year's permit forms if the current forms were not 
made available to the designated representatives for timely 
distribution. The FFV owner or operator must accurately complete the 
permit form prior to fishing in the EEZ.
    (3) A completed permit form must contain--
    (i) The name and IRCS of the FFV and its permit number.
    (ii) The permitted fisheries and activity codes.
    (iii) The date of issuance and expiration date, if other than 
December 31.
    (iv) All conditions and restrictions, and any additional 
restrictions and technical modifications appended to the permit.
    (4) Permits are not issued for boats that are launched from larger 
vessels. Any enforcement action that results from the activities of a 
launched boat will be taken against the permitted vessel.
    (f) Duration. A permit is valid from its date of issuance to its 
date of expiration, unless it is revoked or suspended or the nation 
issuing the FFV's documents does not accept amendments to the permit 
made by the Assistant Administrator in accordance with the procedures of 
paragraph (l) of this section. The permit will be valid for no longer 
than the calendar year in which it was issued.
    (g) Transfer. Permits are not transferable or assignable. A permit 
is valid only for the FFV to which it is issued.
    (h) Display. Each FFV operator must have a properly completed permit 
form

[[Page 34]]

available on board the FFV when engaged in fishing activities and must 
produce it at the request of an authorized officer or observer.
    (i) Suspension and revocation. NMFS may apply sanctions to an FFV's 
permit by revoking, suspending, or imposing additional permit 
restrictions on the permit under 15 CFR part 904, if the vessel is 
involved in the commission of any violation of the Magnuson Act, the 
GIFA, or this subpart; if an agent and a designated representative are 
not maintained in the United States; if a civil penalty or criminal fine 
imposed under the Magnuson Act has become overdue; or as otherwise 
specified in the Magnuson Act.
    (j) Fees. Permit application fees are described in Sec. 600.518.
    (k) Change in application information. (1) The foreign nation must 
report, in writing, any change in the information supplied under 
paragraph (d) of this section to the Assistant Administrator within 15 
calendar days after the date of the change. Failure to report a change 
in the ownership from that described in the current application within 
the specified time frame voids the permit, and all penalties involved 
will accrue to the previous owner.
    (2) The Assistant Administrator may make technical modifications or 
changes in the permit application requested or reported by a Nation, 
such as a change in radio call sign, processing equipment, or tonnage, 
which will be effective immediately.
    (3) If, in the opinion of the Assistant Administrator, a permit 
change requested by a Nation could significantly affect the status of 
any fishery resource, such request will be processed as an application 
for a new permit under this section.
    (4) The Assistant Administrator will notify the designated 
representative of any revision that must be made on the permit form as 
the result of a permit change.
    (5) The vessel owner or operator must record the modification on the 
permit form.
    (l) Permit amendments. (1) The Assistant Administrator may amend a 
permit by adding ``additional restrictions'' for the conservation and 
management of fishery resources covered by the permit, or for the 
national defense or security if the Assistant Administrator determines 
that such interests would be significantly impaired without such 
restrictions. Compliance with the added additional restrictions is a 
condition of the permit. Violations of added additional restrictions 
will be treated as violations of this subpart.
    (2) The Assistant Administrator may make proposed additional 
restrictions effective immediately, if necessary, to prevent substantial 
harm to a fishery resource of the United States, to allow for the 
continuation of ongoing fishing operations, or to allow for fishing to 
begin at the normal time for opening of the fishery.
    (3) The Assistant Administrator will send proposed additional 
restrictions to each Nation whose vessels are affected (via the 
Secretary of State), to the appropriate Councils, and to the Commandant 
of the Coast Guard. NMFS will, at the same time, publish a document of 
any significant proposed additional restrictions in the Federal 
Register. The document will include a summary of the reasons underlying 
the proposal, and the reasons that any proposed additional restrictions 
are made effective immediately.
    (4) The Nation whose vessels are involved, the owners of the 
affected vessels, their representatives, the agencies specified in 
paragraph (l)(3) of this section, and the public may submit written 
comments on the proposed additional restrictions within 30 days after 
publication in the Federal Register.
    (5) The Assistant Administrator will make a final decision regarding 
the proposed additional restrictions as soon as practicable after the 
end of the comment period. The Assistant Administrator will provide the 
final additional restrictions to the Nation whose vessels are affected 
(via the Secretary of State) according to the procedures of paragraph 
(e) of this section. The Assistant Administrator will include with the 
final additional restrictions to the Nation, a response to comments 
submitted.
    (6) Additional restrictions may be modified by following the 
procedures of paragraphs (l)(2) through (l)(5) of this section.

[[Page 35]]



Sec. 600.502   Vessel reports.

    (a) The operator of each FFV must report the FFV's activities within 
the EEZ to the USCG and NMFS as specified in this section.
    (b) All reports required by this section must be in English and in 
the formats specified in the permit additions and restrictions. Reports 
must be delivered via private or commercial communications facilities, 
facsimile, or other electronic means acceptable to NMFS and the USCG, 
directly to the appropriate NMFS Region or Center and USCG commander. 
Weekly reports must also be delivered directly to the appropriate NMFS 
Region or Center (see tables 1 and 2 of this section). (The required 
reports may be delivered to the closest USCG communication station as 
indicated in table 3 of this section or other USCG communication station 
only if adequate private or commercial communications facilities have 
not been successfully contacted.) Radio reports must be made via 
radiotelegraphy, Telex, or facsimile where available. For the purposes 
of this section, a message is considered ``transmitted'' when its 
receipt is acknowledged by a communications facility and considered 
``delivered'' upon its receipt by the offices of the appropriate USCG 
commander, NMFS Regional Office, or NMFS Center identified in table 2 of 
this section. Reports required by this section may be submitted by the 
vessel's designated representative; however, the operator of the FFV is 
responsible for the correct and timely filing of all required reports.
    (c) Activity reports. The operator of each FFV must report the FFV's 
movements and activities before or upon the event, as specified in this 
paragraph (c). Appropriate forms, instructions, codes, and examples are 
contained in the conditions and restrictions of the FFV's permit. Each 
FFV report must contain the following information: The message 
identifier ``VESREP'' to indicate it is a vessel activity report, FFV 
name, international radio call sign IRCS, date (month and day based on 
GMT), time (hour and minute GMT), position (latitude and longitude to 
the nearest degree and minute) where required, area (by fishing area 
code) where required, the appropriate action code, confirmation codes 
where required, and the other information specified in paragraphs (c)(1) 
through (c)(11) of this section.
    (1) ``BEGIN''. Each operator must specify the date, time, position, 
and area the FFV will actually ``BEGIN'' fishing in the EEZ and the 
species (by species code), product (by product code), and quantity of 
all fish and fish products (by product weight to the nearest hundredth 
of a metric ton) on board when entering the EEZ (action code ``BEGIN''). 
The message must be delivered at least 24 hours before the vessel begins 
to fish.
    (2) ``DEPART''. Each operator must specify the date, time, position, 
and area the FFV will ``DEPART'' the EEZ to embark or debark an 
observer, to visit a U.S. port, to conduct a joint venture in internal 
waters, or to otherwise temporarily leave an authorized fishing area, 
but not depart the seaward limit of the EEZ (action code ``DEPART''). 
The message must be transmitted before the FFV departs the present 
fishing area and delivered within 24 hours of its transmittal.
    (3) ``RETURN''. Each operator must specify the date, time, position, 
and area the FFV will ``RETURN'' to the EEZ following a temporary 
departure, and the species (by species code), product (by product code), 
and quantity of all fish and fish products (by product weight to the 
nearest hundredth of a metric ton) on board that were received in a 
joint venture in internal waters (action code ``RETURN''). The message 
must be transmitted before returning to the EEZ and delivered within 24 
hours of its transmittal.
    (4) ``SHIFT''. Each operator must report each SHIFT in fishing area 
(as described for each fishery) by specifying the date, time, and 
position the FFV will start fishing, and the new area (action code 
``SHIFT''). The message must be transmitted before leaving the original 
area and delivered within 24 hours of its transmittal. If a foreign 
vessel operates within 20 nautical miles (37.04 km) of a fishing area 
boundary, its operator may submit in one message the shift reports for 
all fishing area shifts occurring during 1 fishing day (0001-2400 GMT). 
This message must be

[[Page 36]]

transmitted prior to the last shift expected to be made in the day and 
delivered within 24 hours of its transmittal.
    (5) ``JV OPS''. Each operator must specify the date, time, position, 
and area at which the FFV will ``START'' joint venture operations 
(action code ``START JV OPS'') or ``END'' joint venture operations 
(action code ``END JV OPS''). These reports must be made in addition to 
other activity reports made under this section. Each message must be 
transmitted before the event and delivered within 24 hours of its 
transmittal.
    (6) ``TRANSFER''. The operator of each FFV that anticipates a 
transshipping operation in which the FFV will receive fish or fisheries 
products must specify the date, time, position and area the FFV will 
conduct the ``TRANSFER'' and the name and IRCS of the other FFV or U.S. 
vessel involved (action code ``TRANSFER''). The report must include the 
permit activity code under which the transfer will be made. The message 
must be transmitted prior to the transfer and delivered within 24 hours 
of its transmittal. The movement of raw fish from a permitted foreign 
catching vessel or, under an Activity Code 4, from a U.S. fishing vessel 
to the reporting processing vessel and the return of nets or codends is 
not considered a transfer.
    (7) ``OFFLOADED''. Each operator must specify the date, time, 
position, and area the FFV ``OFFLOADED'' fish or fisheries products TO 
another FFV or a U.S. vessel in a transfer, the other FFV's or U.S. 
vessel's name, IRCS, Permit Activity Code under which the transfer was 
made, species (by species code) and quantity of fish and fisheries 
products (by product code and by product weight, to the nearest 
hundredth of a metric ton) offloaded (action code ``OFFLOADED TO''). The 
message must be transmitted within 12 hours after the transfer is 
completed and delivered within 24 hours of its transmittal and before 
the FFV ceases fishing in the EEZ.
    (8) ``RECEIVED''. Each operator must specify the date, time, 
position and area the vessel ``RECEIVED'' fish or fisheries products 
FROM another FFV in a transfer, the other FFV's or U.S. vessel's name, 
IRCS, Permit Activity Code under which the receipt was made, species (by 
species code) and quantity of fish and fisheries products (by product 
code and by product weight, to the nearest hundredth of a metric ton) 
received (action code ``RECEIVED FROM''). The message must be 
transmitted within 12 hours after the transfer is completed and 
delivered within 24 hours of its transmittal and before the vessel 
ceases fishing in the EEZ.
    (9) ``CEASE''. Each operator must specify the date, time, position, 
and area the FFV will ``CEASE'' fishing in order to leave the EEZ 
(action code ``CEASE''). The message must be delivered at least 24 hours 
before the FFV's departure.
    (10) ``CHANGE''. Each operator must report any ``CHANGE'' TO the 
FFV's operations if the position or time of an event specified in an 
activity report will vary more than 5 nautical miles (9.26 km) or 4 
hours from that previously reported, by sending a revised message 
inserting the word ``CHANGE'' in front of the previous report, repeating 
the name, IRCS, date, and time of the previous report, adding the word 
``TO'' and the complete revised text of the new report (action code 
``CHANGE TO''). Changes to reports specifying an early beginning of 
fishing by an FFV or other changes to reports contained in paragraphs 
(c)(1) through (c)(9) of this section must be transmitted and delivered 
as if the ``CHANGE'' report were the original message.
    (11) ``CANCEL''. Each operator wanting to ``CANCEL'' a previous 
report may do so by sending a revised message, and inserting the word 
``CANCEL'' in front of the previous report's vessel name, IRCS, date, 
time and action code canceled (action code ``CANCEL''). The message must 
be transmitted and delivered prior to the date and time of the event in 
the original message.
    (d) The operator of an FFV will be in violation of paragraphs (c)(1) 
through (c)(9) of this section if the FFV does not pass within 5 
nautical miles (9.26 km) of the position given in the report within 4 
hours of the time given in the report.
    (e) The notices required by this section may be provided for 
individual or

[[Page 37]]

groups of FFV's (on a vessel-by-vessel basis) by authorized persons. An 
FFV operator may retransmit reports on the behalf of another FFV, if 
authorized by that FFV's operator. This does not relieve the individual 
vessel operator of the responsibility of filing required reports. In 
these cases, the message format should be modified so that each line of 
text under ``VESREP'' is a separate vessel report.
    (f) Weekly reports. (1) The operator of each FFV in the EEZ must 
submit appropriate weekly reports through the Nation's designated 
representative. The report must arrive at the address and time specified 
in paragraph (g) of this section. The reports may be sent by facsimile 
or Telex, but a completed copy of the report form must be mailed or hand 
delivered to confirm the Telex. Appropriate forms, instructions, codes, 
and examples are contained in the conditions and restrictions of the 
FFV's permit. Designated representatives may include more than one 
vessel report in a facsimile or Telex message, if the information is 
submitted on a vessel-by-vessel basis. Requests for corrections to 
previous reports must be submitted through the Nation's designated 
representative and mailed or hand-delivered, together with a written 
explanation of the reasons for the errors. The appropriate Regional or 
Science and Research Director may accept or reject any correction and 
initiate any appropriate civil penalty actions.
    (2) Weekly catch report (CATREP). The operator of each FFV must 
submit a weekly catch report stating any catch (Activity Code 1) in 
round weight of each species or species group allocated to that Nation 
by area and days fished in each area for the weekly period Sunday 
through Saturday, GMT, as modified by the fishery in which the FFV is 
engaged. Foreign vessels delivering unsorted, unprocessed fish to a 
processing vessel are not required to submit CATREP's, if that 
processing vessel (Activity Code 2) submits consolidated CATREP's for 
all fish received during each weekly period. No report is required for 
FFV's that do not catch or receive foreign-caught fish during the 
reporting period.
    (3) Weekly receipts report (RECREP). The operator of each FFV must 
submit a weekly report stating any receipts of U.S.-harvested fish in a 
joint venture (Activity Code 4) for the weekly period Sunday through 
Saturday, GMT, as modified by the fishery in which the FFV is engaged, 
for each fishing area, by authorized or prohibited species or species 
group; days fish received; round weight retained or returned to the U.S. 
fishing vessel; number of codends received; and number of vessels 
transferring codends. The report must also include the names of U.S. 
fishing vessels transferring codends during the week. No report is 
required for FFV's that do not receive any U.S.-harvested fish during 
the reporting period.
    (4) Marine mammal report (MAMREP). The operator of each FFV must 
submit a weekly report stating any incidental catch or receipt of marine 
mammals (Activity Codes 1 or 2 and/or 4), the geographical position 
caught, the condition of the animal, number caught (if more than one of 
the same species and condition), and nationality of the catching vessel 
for the period Sunday through Saturday, GMT, as modified by the fishery 
in which the vessel is engaged. Foreign catching vessels delivering 
unsorted, unprocessed fish to processing vessel are not required to 
submit MAMREP's, provided that the processing or factory vessel 
(Activity Code 2) submits consolidated MAMREP's for all fish received 
during each weekly period. FFV's receiving U.S.-harvested fish in a 
joint venture (Activity Code 4) must submit consolidated reports for 
U.S. vessels operating in the joint venture. No report is required for 
FFV's that do not catch or receive marine mammals during the reporting 
period.
    (g) Submission instructions for weekly reports. The designated 
representative for each FFV must submit weekly reports in the prescribed 
format to the appropriate Regional or Science and Research Director of 
NMFS by 1900 GMT on the Wednesday following the end of the reporting 
period. However, by agreement with the appropriate Director, the 
designated representative may submit weekly reports to some other 
facility of NMFS.

[[Page 38]]



                  Table 1 to Sec.  600.502.--Addresses                  
------------------------------------------------------------------------
                                NMFS science and      U.S. Coast Guard  
   NMFS regional directors     research  directors       commanders     
------------------------------------------------------------------------
Director, Northeast Region,   Director, Northeast   Commander, Atlantic 
 National Marine Fisheries     Fisheries Science     Area, U.S. Coast   
 Service, NOAA, One            Center, National      Guard, 431 Crawford
 Blackburn drive,              Marine Fisheries      Street, Portsmouth,
 Gloucester, MA 01930-2298.    Service, NOAA, 166    VA 23704.          
                               Water Street, Woods                      
                               Hole, MA 02543-1097.                     
Director, Southeast Region,   Director, Southeast   Commander, Atlantic 
 National Marine Fisheries     Fisheries Science     Area, U.S. Coast   
 Service, NOAA, 9721 Exec.     Center, National      Guard, Governor's  
 Center Drive N., St.          Marine Fisheries      Island, New York,  
 Petersburg, FL 33702.         Service, NOAA, 75     NY 10004.          
                               Virginia Beach                           
                               Drive, Miami, FL                         
                               33149-1003.                              
Director, Northwest Region,   Director, Northwest   Commander, Pacific  
 National Marine Fisheries     Fisheries Science     Area, U.S. Coast   
 Service, NOAA, 7600 Sand      Center, National      Guard, Government  
 Point Way, NE, BIN C15700,    Marine Fisheries      Island, Alameda, CA
 Bldg. 1, Seattle, WA 98115.   Service, NOAA, 2725   94501.             
                               Montlake Boulevard                       
                               East, Seattle, WA                        
                               98112-2097.                              
Director, Alaska Region,      Director, Alaska      Commander,          
 National Marine Fisheries     Fisheries Science     Seventeenth Coast  
 Service, NOAA, P.O. Box       Center, National      Guard District,    
 21668, Juneau, AK 99802-      Marine Fisheries      P.O. Box 25517,    
 1668.                         Service, NOAA, 7600   Juneau, AK 99802.  
                               Sand Point Way, NE,                      
                               BIN C15700, Bldg.                        
                               4, Seattle, WA                           
                               98115-0070.                              
Director, Southwest Region    Director, Southwest   Commander,          
 National Marine Fisheries     Fisheries Science     Fourteenth Coast   
 Service, NOAA, 501 West       Center, National      Guard District, 300
 Ocean Blvd, Suite 4200,       Marine Fisheries      Ala Moana Blvd.,   
 Long Beach, CA 90802-4213.    Service, NOAA, P.O.   Honolulu, HI 96850.
                               Box 271, La Jolla,                       
                               CA 92038-0271.                           
------------------------------------------------------------------------


   Table 2 to Sec.  600.502.--Areas of Responsibility of NMFS and U.S.  
                           Coast Guard Offices                          
------------------------------------------------------------------------
   Area of responsibility/       National Marine                        
           fishery             Fisheries  Service     U.S. Coast Guard  
------------------------------------------------------------------------
Atlantic Ocean North of Cape  Director, Northeast   Commander, Atlantic 
 Hatteras.                     Center, Attn:         Area.              
                               Observer Program.                        
Atlantic Ocean South of Cape  Director, Northeast   Commander, Atlantic 
 Hatteras.                     Center, Attn:         Area.              
                               Observer Program.                        
Atlantic Tunas, Swordfish,    Director, Office of   Commander, Atlantic 
 Billfish and Sharks.          Fisheries             Area.              
                               Conservation and                         
                               Management.                              
Gulf of Mexico and Caribbean  Director, Southeast   Commander, Atlantic 
 Sea.                          Region.               Area.              
Pacific Ocean off the States  Director, Northwest   Commander, Pacific  
 of California, Oregon, and    Region.               Area.              
 Washington.                                                            
North Pacific Ocean and       Director, Alaska      Commander,          
 Bering Sea off Alaska.        Region.               Seventeenth Coast  
                                                     Guard District.    
Pacific Ocean off Hawaii and  Director, Southwest   Commander,          
 Other U.S. Insular            Region.               Fourteenth Coast   
 Possessions in the Central                          Guard District.    
 and Western Pacific.                                                   
------------------------------------------------------------------------


               Table 3 to Sec.  600.502.--U.S. Coast Guard Communications Stations and Frequencies              
----------------------------------------------------------------------------------------------------------------
                                                                    Radiotelephone                              
   U.S. Coast Guard communications   ---------------------------------------------------------------------------
               station                         IRCS                 Channel \1\                GMT time         
----------------------------------------------------------------------------------------------------------------
Boston..............................  NMF                     A-E                     2330-1100.                
                                      ......................  B,C                     All.                      
                                      ......................  D                       1100-2330.                
                                      ......................  E                       (On request).             
CAMSLANT Chesapeake (Portsmouth, VA)  NMN                     A                       2330-1100.                
                                      ......................  B,C                     All.                      
                                      ......................  D                       1100-2330.                
                                      ......................  E                       (On request).             
New Orleans.........................  NMG                     A                       2330-1100.                
                                      ......................  B,C                     All.                      
                                      ......................  D                       1100-2330.                
                                      ......................  E                       (On request).             
CAMSPAC Point Reyes (San Francisco,   NMC                     A-D                     All.                      
 CA).                                                                                                           
                                      ......................  E                       (On request).             
Honolulu............................  NMO                     A-D                     All.                      
                                      ......................  E                       (On request).             
Kodiak..............................  NOJ                     A-D                     All.                      
                                      ......................  E                       (On request).             
----------------------------------------------------------------------------------------------------------------
\1\ Carrier frequencies of duplex, high-frequency single-sideband channels are:                                 


[[Page 39]]


------------------------------------------------------------------------
              Letter                  Shore transmit     Ship transmit  
------------------------------------------------------------------------
A.................................             4426.0             4134.0
B.................................             6501.0             6200.0
C.................................             8764.0             8240.0
D.................................            13089.0            12242.0
E.................................            17314.0            16432.0
------------------------------------------------------------------------



Sec. 600.503  Vessel and gear identification.

    (a) Vessel identification. (1) The operator of each FFV assigned an 
IRCS must display that call sign amidships on both the port and 
starboard sides of the deckhouse or hull, so that it is visible from an 
enforcement vessel, and on an appropriate weather deck so it is visible 
from the air.
    (2) The operator of each FFV not assigned an IRCS, such as a small 
trawler associated with a mothership or one of a pair of trawlers, must 
display the IRCS of the associated vessel, followed by a numerical 
suffix. (For example, JCZM-1, JCZM-2, etc., would be displayed on small 
trawlers not assigned an IRCS operating with a mothership whose IRCS is 
JCZM; JANP-1 would be displayed by a pair trawler not assigned an IRCS 
operating with a trawler whose IRCS is JANP.)
    (3) The vessel identification must be in a color in contrast to the 
background and must be permanently affixed to the FFV in block Roman 
alphabet letters and Arabic numerals at least 1 m in height for FFV's 
over 20 m in length, and at least 0.5 m in height for all other FFV's.
    (b) Navigational lights and shapes. Each FFV must display the lights 
and shapes prescribed by the International Regulations for Preventing 
Collisions at Sea, 1972 (TIAS 8587, and 1981 amendment TIAS 10672), for 
the activity in which the FFV is engaged (as described at 33 CFR part 
81).
    (c) Gear identification. (1) The operator of each FFV must ensure 
that all deployed fishing gear that is not physically and continuously 
attached to an FFV:
    (i) Is clearly marked at the surface with a buoy displaying the 
vessel identification of the FFV (see paragraph (a) of this section) to 
which the gear belongs.
    (ii) Has attached a light visible for 2 nautical miles (3.70 km) at 
night in good visibility.
    (iii) Has a radio buoy.
    Trawl codends passed from one vessel to another are considered 
continuously attached gear and are not required to be marked.
    (2) The operator of each FFV must ensure that deployed longlines, 
strings of traps or pots, and gillnets are marked at the surface at each 
terminal end with: (see paragraphs (c)(1)(i) through (c)(1)(iii) of this 
section).
    (3) Additional requirements may be specified for the fishery in 
which the vessel is engaged.
    (4) Unmarked or incorrectly identified fishing gear may be 
considered abandoned and may be disposed of in accordance with 
applicable Federal regulations by any authorized officer.
    (d) Maintenance. The operator of each FFV must--
    (1) Keep the vessel and gear identification clearly legible and in 
good repair.
    (2) Ensure that nothing on the FFV obstructs the view of the 
markings from an enforcement vessel or aircraft.
    (3) Ensure that the proper navigational lights and shapes are 
displayed for the FFV's activity and are properly functioning.



Sec. 600.504  Facilitation of enforcement.

    (a) General. (1) The owner, operator, or any person aboard any FFV 
subject to this subpart must immediately comply with instructions and 
signals issued by an authorized officer to stop the FFV; to move the FFV 
to a specified location; and to facilitate safe boarding and inspection 
of the vessel, its gear, equipment, records, and fish and fish products 
on board for purposes of enforcing the Magnuson Act and this subpart.

[[Page 40]]

    (2) The operator of each FFV must provide vessel position or other 
information when requested by an authorized officer within the time 
specified in the request.
    (b) Communications equipment. (1) Each FFV must be equipped with a 
VHF-FM radiotelephone station located so that it may be operated from 
the wheelhouse. Each operator must maintain a continuous listening watch 
on channel 16 (156.8 mHz).
    (2) Each FFV must be equipped with a radiotelephone station capable 
of communicating via 2182 kHz (SSB) radiotelephony and at least one set 
of working frequencies identified in table 3 to Sec. 600.502 appropriate 
to the fishery in which the FFV is operating. Each operator must monitor 
and be ready to communicate via 2182 kHz (SSB) radiotelephone each day 
from 0800 GMT to 0830 GMT and 2000 to 2030 GMT, and in preparation for 
boarding.
    (3) FFV's that are not equipped with processing facilities and that 
deliver all catches to a foreign processing vessel are exempt from the 
requirements of paragraph (b)(2) of this section.
    (4) FFV's with no IRCS that do not catch fish and are used as 
auxiliary vessels to handle codends, nets, equipment, or passengers for 
a processing vessel are exempt from the requirements of paragraphs 
(b)(1) and (b)(2) of this section.
    (5) The appropriate Regional Director, with the agreement of the 
appropriate USCG commander, may, upon request by a foreign nation, 
accept alternatives to the radio requirements of this section to certain 
FFV's or types of FFV's operating in a fishery, provided they are 
adequate for the communications needs of the fishery.
    (c) Communications procedures. (1) Upon being approached by a USCG 
vessel or aircraft, or other vessel or aircraft with an authorized 
officer aboard, the operator of any FFV subject to this subpart must be 
alert for communications conveying enforcement instructions. The 
enforcement unit may communicate by channel 16 VHF-FM radiotelephone, 
2182 kHz (SSB) radiotelephone, message block from an aircraft, flashing 
light or flag signals from the International Code of Signals, hand 
signal, placard, loudhailer, or other appropriate means. The following 
signals, extracted from the International Code of Signals, are among 
those that may be used.
    (i) ``AA, AA, AA, etc.'', which is the call for an unknown station. 
The signaled vessel should respond by identifying itself or by 
illuminating the vessel identification required by Sec. 600.505.
    (ii) ``RY-CY'', meaning ``You should proceed at slow speed, a boat 
is coming to you''.
    (iii) ``SQ3'', meaning ``You should stop or heave to; I am going to 
board you''.
    (iv) ``L'', meaning ``You should stop your vessel instantly.''
    (2) Failure of an FFV's operator to stop the vessel when directed to 
do so by an authorized officer using VHF-FM radiotelephone (channel 16), 
2182 kHz (SSB) radiotelephone (where required), message block from an 
aircraft, flashing light signal, flaghoist, or loudhailer constitutes a 
violation of this subpart.
    (3) The operator of or any person aboard an FFV who does not 
understand a signal from an enforcement unit and who is unable to obtain 
clarification by radiotelephone or other means must consider the signal 
to be a command to stop the FFV instantly.
    (d) Boarding. The operator of an FFV signaled for boarding must--
    (1) Monitor 2182 kHz (SSB) radiotelephone and channel 16 (156.8 mHz) 
VHF-FM radiotelephone.
    (2) Stop immediately and lay to or maneuver in such a way as to 
maintain the safety of the FFV and facilitate boarding by the authorized 
officer and the boarding party or an observer.
    (3) Provide the authorized officer, boarding party, or observer a 
safe pilot ladder. The operator must ensure the pilot ladder is securely 
attached to the FFV and meets the construction requirements of 
Regulation 17, Chapter V of the International Convention for the Safety 
of Life at Sea (SOLAS), 1974 (TIAS 9700 and 1978 Protocol, TIAS 10009), 
or a substantially equivalent national standard approved by letter from 
the Assistant Administrator, with agreement with the USCG. Safe pilot 
ladder standards are summarized below:

[[Page 41]]

    (i) The ladder must be of a single length of not more than 9 m (30 
ft), capable of reaching the water from the point of access to the FFV, 
accounting for all conditions of loading and trim of the FFV and for an 
adverse list of 15 deg.. Whenever the distance from sea level to the 
point of access to the ship is more than 9 m (30 ft), access must be by 
means of an accommodation ladder or other safe and convenient means.
    (ii) The steps of the pilot ladder must be--
    (A) Of hardwood, or other material of equivalent properties, made in 
one piece free of knots, having an efficient non-slip surface; the four 
lowest steps may be made of rubber of sufficient strength and stiffness 
or of other suitable material of equivalent characteristics.
    (B) Not less than 480 mm (19 inches) long, 115 mm (4.5 inches) wide, 
and 25 mm (1 inch) in depth, excluding any non-slip device.
    (C) Equally spaced not less than 300 millimeters (12 inches) nor 
more than 380 mm (15 inches) apart and secured in such a manner that 
they will remain horizontal.
    (iii) No pilot ladder may have more than two replacement steps that 
are secured in position by a method different from that used in the 
original construction of the ladder.
    (iv) The side ropes of the ladder must consist of two uncovered 
manila ropes not less than 60 mm (2.25 inches) in circumference on each 
side (or synthetic ropes of equivalent size and equivalent or greater 
strength). Each rope must be continuous, with no joints below the top 
step.
    (v) Battens made of hardwood, or other material of equivalent 
properties, in one piece and not less than 1.80 m (5 ft 10 inches) long 
must be provided at such intervals as will prevent the pilot ladder from 
twisting. The lowest batten must be on the fifth step from the bottom of 
the ladder and the interval between any batten and the next must not 
exceed nine steps.
    (vi) Where passage onto or off the ship is by means of a bulwark 
ladder, two handhold stanchions must be fitted at the point of boarding 
or leaving the FFV not less than 0.70 m (2 ft 3 inches) nor more than 
0.80 m (2 ft 7 inches) apart, not less than 40 mm (2.5 inches) in 
diameter, and must extend not less than 1.20 m (3 ft 11 inches) above 
the top of the bulwark.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or observer, provide a manrope, safety line, and 
illumination for the ladder; and
    (5) Take such other actions as necessary to ensure the safety of the 
authorized officer and the boarding party and to facilitate the boarding 
and inspection.
    (e) Access and records. (1) The owner and operator of each FFV must 
provide authorized officers access to all spaces where work is conducted 
or business papers and records are prepared or stored, including but not 
limited to, personal quarters and areas within personal quarters.
    (2) The owner and operator of each FFV must provide to authorized 
officers all records and documents pertaining to the fishing activities 
of the vessel, including but not limited to, production records, fishing 
logs, navigation logs, transfer records, product receipts, cargo stowage 
plans or records, draft or displacement calculations, customs documents 
or records, and an accurate hold plan reflecting the current structure 
of the vessel's storage and factory spaces.
    (f) Product storage. The operator of each permitted FFV storing fish 
or fish products in a storage space must ensure that all non-fish 
product items are neither stowed beneath nor covered by fish products, 
unless required to maintain the stability and safety of the vessel. 
These items include, but are not limited to, portable conveyors, exhaust 
fans, ladders, nets, fuel bladders, extra bin boards, or other movable 
non-product items. These items may be in the space when necessary for 
safety of the vessel or crew or for storage of the product. Lumber, bin 
boards, or other dunnage may be used for shoring or bracing of product 
to ensure safety of crew and to prevent shifting of cargo within the 
space.



Sec. 600.505  Prohibitions.

    (a) It is unlawful for any person to do any of the following:

[[Page 42]]

    (1) Ship, transport, offer for sale, sell, purchase, import, export, 
or have custody, control, or possession of any fish taken or retained in 
violation of the Magnuson Act, the applicable GIFA, this subpart, or any 
permit issued under this subpart;
    (2) Refuse to allow an authorized officer to board an FFV for 
purposes of conducting any search or inspection in connection with the 
enforcement of the Magnuson Act, the applicable GIFA, this subpart, or 
any other permit issued under this subpart;
    (3) Assault, resist, oppose, impede, intimidate, or interfere with 
any authorized officer in the conduct of any inspection or search 
described in paragraph (a)(2) of this section;
    (4) Resist a lawful arrest for any act prohibited by the Magnuson 
Act, the applicable GIFA, this subpart, or any permit issued under this 
subpart;
    (5) Interfere with, delay, or prevent by any means the apprehension 
or arrest of another person with the knowledge that such other person 
has committed any act prohibited by the Magnuson Act, the applicable 
GIFA, this subpart, or any permit issued under this subpart;
    (6) Interfere with, obstruct, delay, oppose, impede, intimidate, or 
prevent by any means any boarding, investigation or search, wherever 
conducted, in the process of enforcing the Magnuson Act, the applicable 
GIFA, this subpart, or any permit issued under this subpart;
    (7) Engage in any fishing activity for which the FFV does not have a 
permit as required under Sec. 600.501;
    (8) Engage in any fishing activity within the EEZ without a U.S. 
observer aboard the FFV, unless the requirement has been waived by the 
appropriate Regional Director;
    (9) Retain or attempt to retain within the EEZ, directly or 
indirectly, any U.S. harvested fish, unless the FFV has a permit for 
Activity Codes 4 or 6.
    (10) Use any fishing vessel to engage in fishing after the 
revocation, or during the period of suspension, of an applicable permit 
issued under this subpart;
    (11) Violate any provision of the applicable GIFA;
    (12) Falsely or incorrectly complete (including by omission) a 
permit application or permit form as specified in Sec. 600.501 (d) and 
(k);
    (13) Fail to report to the Assistant Administrator within 15 days 
any change in the information contained in the permit application for a 
FFV, as specified in Sec. 600.501(k);
    (14) Assault, resist, oppose, impede, intimidate, or interfere with 
an observer placed aboard an FFV under this subpart;
    (15) Interfere with or bias the sampling procedure employed by an 
observer, including sorting or discarding any catch prior to sampling, 
unless the observer has stated that sampling will not occur; or tamper 
with, destroy, or discard an observer's collected samples, equipment, 
records, photographic film, papers, or effects without the express 
consent of the observer;
    (16) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from collecting samples, 
conducting product recovery rate determinations, making observations, or 
otherwise performing the observer's duties;
    (17) Harass or sexually harass an authorized officer or observer;
    (18) Fail to provide the required assistance to an observer as 
described at Sec. 600.506 (c) and (e);
    (19) Fail to identify, falsely identify, fail to properly maintain, 
or obscure the identification of the FFV or its gear as required by this 
subpart;
    (20) Falsify or fail to make, keep, maintain, or submit any record 
or report required by this subpart;
    (21) Fail to return to the sea or fail to otherwise treat prohibited 
species as required by this subpart;
    (22) Fail to report or falsely report any gear conflict;
    (23) Fail to report or falsely report any loss, jettisoning, or 
abandonment of fishing gear or other article into the EEZ that might 
interfere with fishing, obstruct fishing gear or vessels, or cause 
damage to any fishery resource or marine mammals;
    (24) Continue Activity Codes 1 through 4 after those activity codes 
have been canceled under Sec. 600.511;
    (25) Fail to maintain health and safety standards set forth in 
Sec. 600.506(d);

[[Page 43]]

    (26) Violate any provisions of regulations for specific fisheries of 
this subpart;
    (27) On a scientific research vessel, engage in fishing other than 
recreational fishing authorized by applicable state, territorial, or 
Federal regulations;
    (28) Violate any provision of this subpart, the Magnuson Act, the 
applicable GIFA, any notice issued under this subpart or any permit 
issued under this subpart; or
    (29) Attempt to do any of the foregoing.
    (b) It is unlawful for any FFV, and for the owner or operator of any 
FFV except an FFV engaged only in recreational fishing, to fish--
    (1) Within the boundaries of any state, unless the fishing is 
authorized by the Governor of that state as permitted by section 306(c) 
of the Magnuson Act to engage in a joint venture for processing and 
support with U.S. fishing vessels in the internal waters of that state; 
or
    (2) Within the EEZ, or for any anadromous species or continental 
shelf fishery resources beyond the EEZ, unless the fishing is authorized 
by, and conducted in accordance with, a valid permit issued under 
Sec. 600.501.



Sec. 600.506   Observers.

    (a) General. To carry out such scientific, compliance monitoring, 
and other functions as may be necessary or appropriate to carry out the 
purposes of the Magnuson Act, the appropriate Regional or Science and 
Research Director (see table 2 to Sec. 600.502) may assign U.S. 
observers to FFV's. Except as provided for in section 201(i)(2) of the 
Magnuson Act, no FFV may conduct fishing operations within the EEZ 
unless a U.S. observer is aboard.
    (b) Effort plan. To ensure the availability of an observer as 
required by this section, the owners and operators of FFV's wanting to 
fish within the EEZ will submit to the appropriate Regional Director or 
Science and Research Director; and also to the Chief, Office of 
Enforcement, NMFS, Silver Spring, MD, a schedule of fishing effort 30 
days prior to the beginning of each quarter. A quarter is a time period 
of 3 consecutive months beginning January 1, April 1, July 1, and 
October 1 of each year. The schedule will contain the name and IRCS of 
each FFV intending to fish within the EEZ during the upcoming quarter, 
and each FFV's expected date of arrival and expected date of departure.
    (1) The appropriate Regional or Science and Research Director must 
be notified immediately of any substitution of vessels or any 
cancellation of plans to fish in the EEZ for FFV's listed in the effort 
plan required by this section.
    (2) If an arrival date of an FFV will vary more than 5 days from the 
date listed in the quarterly schedule, the appropriate Regional or 
Science and Research Director must be notified at least 10 days in 
advance of the rescheduled date of arrival. If the notice required by 
this paragraph (b)(2) is not given, the FFV may not engage in fishing 
until an observer is available and has been placed aboard the vessel or 
the requirement has been waived by the appropriate Regional or Science 
and Research Director.
    (c) Assistance to observers. To assist the observer in the 
accomplishment of his or her assigned duties, the owner and operator of 
an FFV to which an observer is assigned must--
    (1) Provide, at no cost to the observer or the United States, 
accommodations for the observer aboard the FFV that are equivalent to 
those provided to the officers of that vessel.
    (2) Cause the FFV to proceed to such places and at such times as may 
be designated by the appropriate Regional or Science and Research 
Director for the purpose of embarking and debarking the observer.
    (3) Allow the observer to use the FFV's communications equipment and 
personnel upon demand for the transmission and receipt of messages.
    (4) Allow the observer access to and use of the FFV's navigation 
equipment and personnel upon demand to determine the vessel's position.
    (5) Allow the observer free and unobstructed access to the FFV's 
bridge, trawl, or working decks, holding bins, processing areas, freezer 
spaces, weight scales, cargo holds and any other space that may be used 
to hold, process,

[[Page 44]]

weigh, or store fish or fish products at any time.
    (6) Allow the observer to inspect and copy the FFV's daily log, 
communications log, transfer log, and any other log, document, notice, 
or record required by these regulations.
    (7) Provide the observer copies of any records required by these 
regulations upon demand.
    (8) Notify the observer at least 15 minutes before fish are brought 
on board or fish or fish products are transferred from the FFV to allow 
sampling the catch or observing the transfer, unless the observer 
specifically requests not to be notified.
    (9) Provide all other reasonable assistance to enable the observer 
to carry out his or her duties.
    (d) Health and safety standards. All foreign fishing vessels to 
which an observer is deployed must maintain, at all times that the 
vessel is in the EEZ, the following:
    (1) At least one working radar.
    (2) Functioning navigation lights as required by international law.
    (3) A watch on the bridge by appropriately trained and experienced 
personnel while the vessel is underway.
    (4) Lifeboats and/or inflatable life rafts with a total carrying 
capacity equal to or greater than the number of people aboard the 
vessel. Lifeboats and inflatable life rafts must be maintained in good 
working order and be readily available.
    (5) Life jackets equal or greater in number to the total number of 
persons aboard the vessel. Life jackets must be stowed in readily 
accessible and plainly marked positions throughout the vessel, and 
maintained in a state of good repair.
    (6) At least one ring life buoy for each 25 ft (7.6 m) of vessel 
length, equipped with automatic water lights. Ring life buoys must have 
an outside diameter of not more than 32 inches (81.3 cm) nor less than 
30 inches (76.2 cm), and must be maintained in a state of good repair. 
Ring life buoys must be readily available, but not positioned so they 
pose a threat of entanglement in work areas. They must be secured in 
such a way that they can be easily cast loose in the event of an 
emergency.
    (7) At least one VHF-FM radio with a functioning channel 16 (156.8 
mHz), International Distress, Safety and Calling Frequency, and one 
functioning AM radio (SSB-Single Side Band) capable of operating at 2182 
kHz (SSB). Radios will be maintained in a radio room, chartroom, or 
other suitable location.
    (8) At least one Emergency Position Indicating Radio Beacon (EPIRB), 
approved by the USCG for offshore commercial use, stowed in a location 
so as to make it readily available in the event of an emergency.
    (9) At least six hand-held, rocket-propelled, parachute, red-flare 
distress signals, and three orange-smoke distress signals stowed in the 
pilothouse or navigation bridge in portable watertight containers.
    (10) All lights, shapes, whistles, foghorns, fog bells and gongs 
required by and maintained in accordance with the International 
Regulations for Preventing Collisions at Sea.
    (11) Clean and sanitary conditions in all living spaces, food 
service and preparation areas and work spaces aboard the vessel.
    (e) Observer transfers. (1) The operator of the FFV must ensure that 
transfers of observers at sea via small boat or raft are carried out 
during daylight hours as weather and sea conditions allow, and with the 
agreement of the observer involved. The FFV operator must provide the 
observer 3 hours advance notice of at-sea transfers, so that the 
observer may collect personal belongings, equipment, and scientific 
samples.
    (2) The FFV's involved must provide a safe pilot ladder and conduct 
the transfer according to the procedures of Sec. 600.504(d) to ensure 
the safety of the during the transfer.
    (3) An experienced crew member must assist the observer in the small 
boat or raft in which the transfer is made.
    (f) Supplementary observers. In the event funds are not available 
from Congressional appropriations of fees collected to assign an 
observer to a foreign fishing vessel, the appropriate Regional or 
Science and Research Director will assign a supplementary observer to 
that vessel. The costs of supplementary observers will be paid for

[[Page 45]]

by the owners and operators of foreign fishing vessels as provided for 
in paragraph (h) of this section.
    (g) Supplementary observer authority and duties. (1) A supplementary 
observer aboard a foreign fishing vessel has the same authority and must 
be treated in all respects as an observer who is employed by NMFS, 
either directly or under contract.
    (2) The duties of supplementary observers and their deployment and 
work schedules will be specified by the appropriate Regional or Science 
and Research Director.
    (3) All data collected by supplementary observers will be under the 
exclusive control of the Assistant Administrator.
    (h) Supplementary observer payment--(1) Method of payment. The 
owners and operators of foreign fishing vessels must pay directly to the 
contractor the costs of supplementary observer coverage. Payment must be 
made to the contractor supplying supplementary observer coverage either 
by letter of credit or certified check drawn on a federally chartered 
bank in U.S. dollars, or other financial institution acceptable to the 
contractor. The letter of credit used to pay supplementary observer fees 
to contractors must be separate and distinct from the letter of credit 
required by Sec. 600.518(b)(2). Billing schedules will be specified by 
the terms of the contract between NOAA and the contractors. Billings for 
supplementary observer coverage will be approved by the appropriate 
Regional or Science and Research Director and then transmitted to the 
owners and operators of foreign fishing vessels by the appropriate 
designated representative. Each country will have only one designated 
representative to receive observer bills for all vessels of that 
country, except as provided for by the Assistant Administrator. All 
bills must be paid within 10 working days of the billing date. Failure 
to pay an observer bill will constitute grounds to revoke fishing 
permits. All fees collected under this section will be considered 
interim in nature and subject to reconciliation at the end of the fiscal 
year in accordance with paragraph (h)(4) of this section and 
Sec. 600.518(d).
    (2) Contractor costs. The costs charged for supplementary observer 
coverage to the owners and operators of foreign fishing vessels may not 
exceed the costs charged to NMFS for the same or similar services, 
except that contractors may charge to the owners and operators of 
foreign fishing vessels an additional fee to cover the administrative 
costs of the program not ordinarily part of contract costs charged to 
NMFS. The costs charged foreign fishermen for supplementary observers 
may include, but are not limited to the following:
    (i) Salary and benefits, including overtime, for supplementary 
observers.
    (ii) The costs of post-certification training required by paragraph 
(j)(2) of this section.
    (iii) The costs of travel, transportation, and per diem associated 
with deploying supplementary observers to foreign fishing vessels 
including the cost of travel, transportation, and per diem from the 
supplementary observer's post of duty to the point of embarkation to the 
foreign fishing vessel, and then from the point of disembarkation to the 
post of duty from where the trip began. For the purposes of these 
regulations, the appropriate Regional or Science and Research Director 
will designate posts of duty for supplementary observers.
    (iv) The costs of travel, transportation, and per diem associated 
with the debriefing following deployment of a supplementary observer by 
NMFS officials.
    (v) The administrative and overhead costs incurred by the contractor 
and, if appropriate, a reasonable profit.
    (3) NMFS costs. The owners and operators of foreign fishing vessels 
must also pay to NMFS as part of the surcharge required by section 
201(i)(4) of the Magnuson Act, the following costs:
    (i) The costs of certifying applicants for the position of 
supplementary observer.
    (ii) The costs of any equipment, including safety equipment, 
sampling equipment, operations manuals, or other texts necessary to 
perform the duties of a supplementary observer. The equipment will be 
specified by the appropriate Regional or Science and

[[Page 46]]

Research Director according to the requirements of the fishery to which 
the supplementary observer will be deployed.
    (iii) The costs associated with communications with supplementary 
observers for transmission of data and routine messages.
    (iv) For the purposes of monitoring the supplementary observer 
program, the costs for the management and analysis of data.
    (v) The costs for data editing and entry.
    (vi) Any costs incurred by NMFS to train, deploy or debrief a 
supplementary observer.
    (vii) The cost for U.S. Customs inspection for supplementary 
observers disembarking after deployment.
    (4) Reconciliation. Fees collected by the contractor in excess of 
the actual costs of supplementary observer coverage will be refunded to 
the owners and operators of foreign fishing vessels, or kept on deposit 
to defray the costs of future supplementary observer coverage. Refunds 
will be made within 60 days after final costs are determined and 
approved by NMFS.
    (i) Supplementary observer contractors--(1) Contractor eligibility. 
Supplementary observers will be obtained by NMFS from persons or firms 
having established contracts to provide NMFS with observers. In the 
event no such contract is in place, NMFS will use established, 
competitive contracting procedures to select persons or firms to provide 
supplementary observers. The services supplied by the supplementary 
observer contractors will be as described within the contract and as 
specified below.
    (2) Supplementary observer contractors must submit for the approval 
of the Assistant Administrator the following:
    (i) A copy of any contract, including all attachments, amendments, 
and enclosures thereto, between the contractor and the owners and 
operators of foreign fishing vessels for whom the contractor will 
provide supplementary observer services.
    (ii) All application information for persons whom the contractor 
desires to employ as certified supplementary observers.
    (iii) Billing schedules and billings to the owners and operators of 
foreign fishing vessels for further transmission to the designated 
representative of the appropriate foreign nation.
    (iv) All data on costs.
    (j) Supplementary observers--certification, training--(1) 
Certification. The appropriate Regional or Science and Research Director 
will certify persons as qualified for the position of supplementary 
observer once the following conditions are met:
    (i) The candidate is a citizen or national of the United States.
    (ii) The candidate has education or experience equivalent to the 
education or experience required of persons used as observers by NMFS as 
either Federal personnel or contract employees. The education and 
experience required for certification may vary according to the 
requirements of managing the foreign fishery in which the supplementary 
observer is to be deployed. Documentation of U.S. citizenship or 
nationality, and education or experience will be provided from personal 
qualification statements on file with NMFS contractors who provide 
supplementary observer services, and will not require the submission of 
additional information to NMFS.
    (2) Training. Prior to deployment to foreign fishing vessels, 
certified supplementary observers must also meet the following 
conditions:
    (i) Each certified supplementary observer must satisfactorily 
complete a course of training approved by the appropriate Regional or 
Science and Research Director as equivalent to that received by persons 
used as observers by NMFS as either Federal personnel or contract 
employees. The course of training may vary according to the foreign 
fishery in which the supplementary observer is to be deployed.
    (ii) Each certified supplementary observer must agree in writing to 
abide by standards of conduct as set forth in Department of Commerce 
Administrative Order 202-735 (as provided by the contractor).
    (k) Supplementary observer certification suspension or revocation. 
(1) Certification of a supplementary observer may be suspended or 
revoked by the

[[Page 47]]

Assistant Administrator under the following conditions:
    (i) A supplementary observer fails to perform the duties specified 
in paragraph (g)(2) of this section.
    (ii) A supplementary observer fails to abide by the standards of 
conduct described by Department of Commerce Administrative Order 202-
735.
    (2) The suspension or revocation of the certification of a 
supplementary observer by the Assistant Administrator may be based on 
the following:
    (i) Boarding inspection reports by authorized officers of the USCG 
or NMFS, or other credible information, that indicate a supplementary 
observer has failed to abide by the established standards of conduct; or
    (ii) An analysis by NMFS of the data collected by a supplementary 
observer indicating improper or incorrect data collection or recording. 
The failure to properly collect or record data is sufficient to justify 
decertification of supplementary observers; no intent to defraud need be 
demonstrated.
    (3) The Assistant Administrator will notify the supplementary 
observer, in writing, of the Assistant Administrator's intent to suspend 
or revoke certification, and the reasons therefor, and provide the 
supplementary observer a reasonable opportunity to respond. If the 
Assistant Administrator determines that there are disputed questions of 
material fact, then the Assistant Administrator may in this respect 
appoint an examiner to make an informal fact-finding inquiry and prepare 
a report and recommendations.



Sec. 600.507  Recordkeeping.

    (a) General. The owner and operator of each FFV must maintain timely 
and accurate records required by this section as modified by the 
regulations for the fishery in which the FFV is engaged.
    (1) The owner and operator of each FFV must maintain all required 
records in English, based on Greenwich mean time (GMT) unless otherwise 
specified in the regulation, and make them immediately available for 
inspection upon the request of an authorized officer or observer.
    (2) The owner and operator of each FFV must retain all required 
records on board the FFV whenever it is in the EEZ, for 3 years after 
the end of the permit period.
    (3) The owner and operator of each FFV must retain the required 
records and make them available for inspection upon the request of an 
authorized officer at any time during the 3 years after the end of the 
permit period, whether or not such records are on board the vessel.
    (4) The owner and operator of each FFV must provide to the Assistant 
Administrator, in the form and at the times prescribed, any other 
information requested that the Assistant Administrator determines is 
necessary to fulfill the fishery conservation, management and 
enforcement purposes of the Magnuson Act.
    (b) Communications log. The owner and operator of each FFV must 
record in a separate communications log, at the time of transmittal, the 
time and content of each notification made under Sec. 600.504.
    (c) Transfer log. Except for the transfer of unsorted, unprocessed 
fish via codend from a catching vessel to a processing vessel (Activity 
Code 2 or 4), the owner and operator of each FFV must record, in a 
separate transfer log, each transfer or receipt of any fish or fishery 
product, including quantities transferred or offloaded outside the EEZ. 
The operator must record in the log within 12 hours of the completion of 
the transfer:
    (1) The time and date (GMT) and location (in geographic coordinates) 
the transfer began and was completed.
    (2) The product weight, by species and product (use species and 
product codes), of all fish transferred, to the nearest 0.01 mt.
    (3) The name, IRCS, and permit number of both the FFV offloading the 
fish and the FFV receiving the fish.
    (d) Daily fishing log. (1) The owner or operator of each FFV 
authorized to catch fish (Activity Code 1) must maintain a daily fishing 
log of the effort, catch and production of the FFV, as modified by 
paragraph (d)(2) of this section and the regulations for the fishery in 
which the FFV is engaged. The operator must maintain on a daily and 
cumulative basis for the permit period a separate log for each fishery 
(see

[[Page 48]]

table 2 to Sec. 600.502) in which the FFV is engaged according to this 
section and in the format specified in the instructions provided with 
the permit or other format authorized under paragraph (i) of this 
section. Daily effort entries are required for each day the vessel 
conducts fishing operations within the EEZ. Daily entries are not 
required whenever the FFV is in port or engaged in a joint venture in 
the internal waters of a state. Each page of log may contain entries 
pertaining to only one day's fishing operations or one gear set, 
whichever is longer.
    (2) The owner or operator of each FFV authorized to catch fish 
(Activity Code 1) and that delivers all catches to a processing vessel, 
must maintain only ``SECTION ONE-EFFORT'', of the daily fishing log, 
provided the processing vessel maintains a daily consolidated fishing 
log as described in paragraphs (f) and (g) of this section.
    (e) Daily fishing log--contents. The daily fishing log must contain 
the following information, as modified by paragraph (d)(2) of this 
section and the regulations for the fishery in which the FFV is engaged, 
and be completed according to the format and instructions provided with 
the permit or other format authorized under paragraph (i) of this 
section.
    (1) ``SECTION ONE-EFFORT'' must contain on a daily basis--
    (i) A consecutive page number, beginning with the first day the 
vessel started fishing operations within the EEZ and continuing 
throughout the log.
    (ii) The date (based on GMT).
    (iii) The FFV's name.
    (iv) The FFV's IRCS.
    (v) The FFV's U.S. permit number.
    (vi) The FFV's noon (1200 GMT) position in geographic coordinates.
    (vii) The master or operator's signature or title.
    (2) ``SECTION ONE-EFFORT'' must contain, for each trawl or set, as 
appropriate to the gear type employed--
    (i) The consecutive trawl or set number, beginning with the first 
set of the calendar year.
    (ii) The fishing area in which the trawl or set was completed.
    (iii) The gear type.
    (iv) The time the gear was set.
    (v) The position of the set.
    (vi) The course of the set.
    (vii) The sea depth.
    (viii) The depth of the set.
    (ix) The duration of the set.
    (x) The hauling time.
    (xi) The position of the haul.
    (xii) The number of pots or longline units (where applicable).
    (xiii) The average number of hooks per longline unit (where 
applicable).
    (xiv) The trawl speed (where applicable).
    (xv) The mesh size of the trawl's codend (where applicable).
    (xvi) The estimated total weight of the catch for the trawl of set, 
to at least the nearest metric ton round weight.
    (3) ``SECTION TWO-CATCH'' must contain, for each trawl or set--
    (i) The consecutive set or trawl number from ``SECTION ONE''.
    (ii) The catch of each allocated species or species group to at 
least the nearest 0.1 mt round weight.
    (iii) The prohibited species catch to at least the nearest 0.1 mt 
round weight or by number, as required by the regulations for the 
fishery in which the FFV is engaged.
    (iv) The species code of each marine mammal caught and its condition 
when released.
    (4) ``SECTION TWO-CATCH'' must contain, on a daily basis--
    (i) The species codes for all allocated or prohibited species or 
species groups caught.
    (ii) For each allocated species--the amount, to at least the nearest 
0.1 mt, and the daily disposition, either processed for human 
consumption, used for fishmeal, or discarded; the daily catch by fishing 
area; the daily catch for all fishing areas; and the cumulative total 
catch.
    (iii) For the total catch of allocated species--the amount to at 
least the nearest 0.1 mt and the daily disposition, daily total catch by 
fishing area, daily total catch for all fishing areas, and cumulative 
total catch.
    (iv) The catch by fishing area, daily total, and cumulative total of 
each prohibited species.
    (5) ``SECTION THREE--PRODUCTION'' must contain, on a daily basis, 
for each allocated species caught and product produced--

[[Page 49]]

    (i) The product by species code and product type.
    (ii) The daily product recovery rate of each species and product.
    (iii) The daily total product produced by species to at least the 
nearest 0.01 mt.
    (iv) The cumulative total of each product to at least the nearest 
0.01 mt.
    (v) The cumulative amount of product transferred.
    (vi) The balance of product remaining aboard the FFV.
    (vii) The total daily amount, cumulative amount, transferred product 
and balance of frozen product aboard the FFV to the nearest 0.01 mt.
    (viii) Transferred amount and balance of fishmeal and fish oil 
aboard to at least the nearest 0.01 mt.
    (f) Daily consolidated fishing or joint venture log. The operator of 
each FFV that receives unsorted, unprocessed fish from foreign catching 
vessels (Activity Code 2) for processing or receives U.S.-harvested fish 
from U.S. fishing vessels in a joint venture (Activity Code 4) must 
maintain a daily joint venture log of the effort, catch and production 
of its associated U.S. or foreign fishing vessels and the processing 
vessel as modified by the regulations for the fishery in which the FFV 
is engaged. This log is separate and in addition to the log required by 
paragraph (d) of this section. The operator must maintain a separate log 
for each fishery in which the FFV is engaged, on a daily and cumulative 
basis, according to this section and in the format specified in the 
instructions provided with the permit or other format authorized under 
paragraph (i) of this section. Receipts of fish caught outside the EEZ 
must be included. Each page of the log may contain entries pertaining to 
only one day's fishing operations.
    (g) Daily joint venture log--contents. Daily joint venture logs must 
contain the following information, as modified by the fishery in which 
the vessel is engaged, and be completed according to the format and 
instructions provided with the permit or other format authorized under 
paragraph (i) of this section.
    (1) ``SECTION ONE-EFFORT'' must contain, on a daily basis, that 
information required in paragraph (e)(1) of this section.
    (2) ``SECTION ONE-EFFORT'' must contain for each receipt of a 
codend--
    (i) The consecutive codend number, beginning with the first codend 
received for the calendar year.
    (ii) The name of the U.S. fishing vessel or the name and IRCS of the 
foreign fishing vessel the codend was received from.
    (iii) The fishing area where the codend was received.
    (iv) The time the codend was received.
    (v) The position the codend was received.
    (vi) The estimated weight of the codend to at least the nearest 
metric ton round weight.
    (3) ``SECTION TWO-CATCH'' must contain, for each codend received--
    (i) The consecutive codend number from ``SECTION ONE''.
    (ii) The receipts of each authorized species or species group and 
its disposition, either processed for human consumption, used for 
fishmeal, discarded, or returned to the U.S. fishing vessel, to at least 
the nearest 0.1 mt round weight.
    (iii) The estimated receipts of each prohibited species or species 
group and its disposition, either discarded or returned to the U.S. 
fishing vessel if authorized in the fishery in which the U.S. vessel is 
engaged, to at least the nearest 0.1 mt round weight.
    (iv) The species code of each marine mammal received and its 
condition when released.
    (4) ``SECTION TWO-CATCH'' must contain on a daily basis--
    (i) The species codes of all authorized or prohibited species or 
species groups received.
    (ii) The daily disposition, as described in paragraph (g)(3)(ii) of 
this section, daily total, and cumulative total receipts of each 
authorized species or species groups.
    (iii) The daily disposition, daily total and cumulative total 
receipts of all authorized species or species groups.
    (iv) The daily and cumulative total receipts of prohibited species 
groups and their disposition as described in paragraph (g)(3)(iii) of 
this section.

[[Page 50]]

    (5) ``SECTION THREE--PRODUCTION'' must contain, on a daily basis, 
for each authorized species or species group received and product 
produced, that information required in paragraph (e)(5) of this section.
    (h) Daily log maintenance. The logs required by paragraphs (e) 
through (g) of this section must be maintained separately for each 
fishery (see table 2 to Sec. 600.502).
    (1) The effort section (all of ``SECTION ONE'') of the daily logs 
must be updated within 2 hours of the hauling or receipt time. The catch 
or receipt by trawl or set (``SECTION TWO'') must be entered within 12 
hours of the hauling or receipt time. The daily and cumulative total 
catch or receipts (``SECTION TWO'') and the production portion 
(``SECTION THREE'') of the log must be updated within 12 hours of the 
end of the day on which the catch was taken. The date of catch is the 
day and time (GMT) the gear is hauled.
    (2) Entries for total daily and cumulative catch or receipt weights 
(disposition ``C'' or ``M'') must be based on the most accurate method 
available to the vessel, either scale round weights or factory weights 
converted to round weights. Entries for daily and cumulative weights of 
discarded or returned fish (disposition ``D'' or ``R'') must be based on 
the most accurate method available to the vessel, either actual count, 
scale round weight, or estimated deck weights. Entries for product 
weights must be based on the number of production units (pans, boxes, 
blocks, trays, cans, or bags) and the average weight of the production 
unit, with reasonable allowances for water added. Allowances for water 
added cannot exceed 5 percent of the unit weight. Product weights cannot 
be based on the commercial or arbitrary wholesale weight of the product, 
but must be based on the total actual weight of the product as 
determined by representative samples.
    (3) The owner or operator must make all entries in indelible ink, 
with corrections to be accomplished by lining out and rewriting, rather 
than erasure.
    (i) Alternative log formats. As an alternative to the use of the 
specific formats provided, a Nation may submit a proposed log format for 
FFV's of that Nation for a general type of fishery operation in a 
fishery (i.e., joint venture operations) to the appropriate Regional 
Director and the USCG commander (see tables 1 and 2 to Sec. 600.502). 
With the agreement of the USCG commander, the Regional Director may 
authorize the use of that log format for vessels of the requesting 
Nation.



Sec. 600.508  Fishing operations.

    (a) Catching. Each FFV authorized for activity code 1 may catch 
fish. An FFV may retain its catch of any species or species group for 
which there is an unfilled national allocation. All fish caught will be 
counted against the national allocation, even if the fish are discarded, 
unless exempted by the regulations of the fishery in which the FFV is 
engaged. Catching operations may be conducted as specified by the 
regulations of the fishery in which the FFV is engaged and as modified 
by the FFV's permit.
    (b) Scouting. Each FFV authorized for Activity Codes 1 through 6 may 
scout for fish. Scouting may be conducted only in the fisheries area 
authorized by the scouting vessel's permit and under such other 
circumstances as may be designated in this subpart or the permit.
    (c) Processing. Each FFV with Activity Code 1 or 2 may process fish. 
Processing may only be conducted whenever and wherever catching 
operations for FFV's of that Nation are permitted, whenever and wherever 
joint venture operations are authorized by an FFV's permit under 
Activity Code 4, and under such other circumstances as may be designated 
in this subpart or the permit.
    (d) Support. Each FFV with Activity Codes 1, 2, 3, 5, or 8 may 
support other permitted FFV's. Each FFV with Activity Codes 4 or 6 may 
support U.S. vessels. Support operations may be conducted only in the 
fisheries areas authorized by the supporting vessel's permit, and under 
such other circumstances as may be designated in this subpart or the 
permit.
    (e) Joint ventures. Each FFV with Activity Code 4 in addition to 
Activity Codes 1 or 2 may also conduct operations with U.S. fishing 
vessels. These

[[Page 51]]

joint venture operations with U.S. fishing vessels may be conducted 
throughout the EEZ, and under such other circumstances as may be 
designated in these regulations or the permit. FFV's with activity code 
4 may continue operations assisting U.S. fishing vessels, despite 
closures under Sec. 600.511(a).
    (f) Each FFV authorized by the Governor of a state under section 
306(c) of the Magnuson Act may engage in processing and support of U.S. 
fishing vessels within the internal waters of that state in compliance 
with terms and conditions set by the authorizing Governor.



Sec. 600.509  Prohibited species.

    (a) The owner or operator of each FFV must minimize its catch or 
receipt of prohibited species.
    (b) After allowing for sampling by an observer (if any), the owner 
or operator of each FFV must sort its catch of fish received as soon as 
possible and return all prohibited species and species parts to the sea 
immediately with a minimum of injury, regardless of condition, unless a 
different procedure is specified by the regulations for the fishery in 
which the FFV is engaged. All prohibited species must be recorded in the 
daily fishing log and other fishing logs as specified by the regulations 
for the fishery in which the FFV is engaged.
    (c) All species of fish that an FFV has not been specifically 
allocated or authorized under this subpart to retain, including fish 
caught or received in excess of any allocation or authorization, are 
prohibited species.
    (d) It is a rebuttable presumption that any prohibited species or 
species part found on board an FFV was caught and retained in violation 
of this section.



Sec. 600.510  Gear avoidance and disposal.

    (a) Vessel and gear avoidance. (1) FFV's arriving on fishing grounds 
where fishing vessels are already fishing or have set their gear for 
that purpose must ascertain the position and extent of gear already 
placed in the sea and must not place themselves or their fishing gear so 
as to interfere with or obstruct fishing operations already in progress. 
Vessels using mobile gear must avoid fixed fishing gear.
    (2) The operator of each FFV must maintain on its bridge a current 
plot of broadcast fixed-gear locations for the area in which it is 
fishing, as required by the regulations for the fishery in which the FFV 
is engaged.
    (b) Gear conflicts. The operator of each FFV that is involved in a 
conflict or that retrieves the gear of another vessel must immediately 
notify the appropriate USCG commander identified in tables 1 and 2 to 
Sec. 600.502 and request disposal instructions. Each report must 
include:
    (1) The name of the reporting vessel.
    (2) A description of the incident and articles retrieved, including 
the amount, type of gear, condition, and identification markings.
    (3) The location of the incident.
    (4) The date and time of the incident.
    (c) Disposal of fishing gear and other articles. (1) The operator of 
an FFV in the EEZ may not dump overboard, jettison or otherwise discard 
any article or substance that may interfere with other fishing vessels 
or gear, or that may catch fish or cause damage to any marine resource, 
including marine mammals and birds, except in cases of emergency 
involving the safety of the ship or crew, or as specifically authorized 
by communication from the appropriate USCG commander or other authorized 
officer. These articles and substances include, but are not limited to, 
fishing gear, net scraps, bale straps, plastic bags, oil drums, 
petroleum containers, oil, toxic chemicals or any manmade items 
retrieved in an FFV's gear.
    (2) The operator of an FFV may not abandon fishing gear in the EEZ.
    (3) If these articles or substances are encountered, or in the event 
of accidental or emergency placement into the EEZ, the vessel operator 
must immediately report the incident to the appropriate USCG Commander 
indicated in tables 1 and 2 to Sec. 600.502, and give the information 
required in paragraph (b) of this section.



Sec. 600.511  Fishery closure procedures.

    (a) Activity Codes 1 and 2 for a fishery are automatically canceled 
in the following cases, unless otherwise specified by regulations 
specific to a fishery, when--

[[Page 52]]

    (1) The OY for any allocated species or species group has been 
reached in that fishery;
    (2) The TALFF or catch allowance for any allocated species or 
species group has been reached in that fishery;
    (3) The foreign nation's allocation for any allocated species or 
species group has been reached; or
    (4) The letter of credit required in Sec. 600.518(b)(2) is not 
established and maintained.
    (b) Activity Code 4 is automatically canceled when--
    (1) The OY for a species with a JVP amount is reached;
    (2) The JVP amount for a species or species group is reached; or
    (3) The letter of credit required in Sec. 600.518(b)(2) is not 
established and maintained.
    (c) Notification. (1) The Regional Director is authorized to close a 
fishery on behalf of NMFS. The Regional Director will notify each FFV's 
designated representative of closures.
    (2) If possible, notice will be given 48 hours before the closure. 
However, each Nation and the owners and operators of all FFV's of that 
Nation are responsible for ending fishing operations when an allocation 
is reached.
    (d) Catch reconciliation. Vessel activity reports, U.S. surveillance 
observations, observer reports, and foreign catch and effort reports 
will be used to make the determination listed in paragraphs (a) and (b) 
of this section. If NMFS estimates of catch or other values made during 
the season differ from those reported by the foreign fleets, efforts may 
be initiated by the designated representative of each Nation to resolve 
such differences with NMFS. If, however, differences still persist after 
such efforts have been made, NMFS estimates will be the basis for 
decisions and will prevail.
    (e) Duration. Any closure under this section will remain in effect 
until an applicable new or increased allocation or JVP becomes available 
or the letter of credit required by Sec. 600.518(b)(2) is reestablished.



Sec. 600.512  Scientific research.

    (a) Scientific research activity. Persons planning to conduct 
scientific research activities in the EEZ that may be confused with 
fishing are encouraged to submit to the appropriate Regional Director, 
Director, or designee, 60 days or as soon as practicable prior to its 
start, a scientific research plan for each scientific cruise. The 
Regional Director, Director, or designee will acknowledge notification 
of scientific research activity by issuing to the operator or master of 
that vessel, or to the sponsoring institution, a letter of 
acknowledgment. This letter of acknowledgment is separate and distinct 
from any permit required under any other applicable law. If the Regional 
Director, Director, or designee, after review of a research plan, 
determines that it does not constitute scientific research activity, but 
rather fishing, the Regional Director, Director, or designee will inform 
the applicant as soon as practicable and in writing. The Regional 
Director, Director, or designee may also make recommendations to revise 
the research plan to make the cruise acceptable as scientific research 
activity. In order to facilitate identification of activity as 
scientific research, persons conducting scientific research activities 
are advised to carry a copy of the scientific research plan and the 
letter of acknowledgment on board the scientific research vessel. 
Activities conducted in accordance with a scientific research plan 
acknowledged by such a letter are presumed to be scientific research 
activities. The presumption may be overcome by showing that an activity 
does not fit the definition of scientific research activity or is 
outside the scope of the scientific research plan.
    (b) Reports. Persons conducting scientific research are requested to 
submit a copy of any cruise report or other publication created as a 
result of the cruise, including the amount, composition, and disposition 
of their catch, to the appropriate Science and Research Director.



Sec. 600.513  Recreational fishing.

    (a) Foreign vessels conducting recreational fishing must comply only 
with this section, and Secs. 600.10, 600.504(a)(1), and 600.505 (as 
applicable). Such vessels may conduct recreational fishing within the 
EEZ and within the

[[Page 53]]

boundaries of a state. Any fish caught may not be sold, bartered, or 
traded.
    (b) The owners or operator and any other person aboard any foreign 
vessel conducting recreational fishing must comply with any Federal laws 
or regulations applicable to the domestic fishery while in the EEZ, and 
any state laws or regulations applicable while in state waters.



Sec. 600.514   Relation to other laws.

    (a) Persons affected by these regulations should be aware that other 
Federal and state statutes may apply to their activities.
    (b) Fishing vessel operators must exercise due care in the conduct 
of fishing activities near submarine cables. Damage to submarine cables 
resulting from intentional acts or from the failure to exercise due care 
in the conduct of fishing operations subjects the fishing vessel 
operator to enforcement action under the International Convention for 
the Protection of Submarine Cables, and to the criminal penalties 
prescribed by the Submarine Cable Act (47 U.S.C. 21) and other laws that 
implement that Convention. Fishing vessel operators also should be aware 
that the Submarine Cable Act prohibits fishing operations at a distance 
of less than 1 nautical mile (1.85 km) from a vessel engaged in laying 
or repairing a submarine cable; or at a distance of less than 0.25 
nautical mile (0.46 km) from a buoy or buoys intended to mark the 
position of a cable when being laid, or when out of order, or broken.



Sec. 600.515   Interpretation of 16 U.S.C. 1857(4).

    Section 307(4) of the Magnuson Act prohibits any fishing vessel 
other than a vessel of the United States (foreign fishing vessel) from 
operating in the EEZ if all of the fishing gear on board the vessel is 
not stowed in compliance with that section ``unless such vessel is 
authorized to engage in fishing in the area in which the vessel is 
operating.'' If such a vessel has a permit authorization that is limited 
to fishing activities other than catching, taking or harvesting (such as 
support, scouting or processing activities), it must have all of its 
fishing gear stowed at all times while it is in the EEZ. If such a 
vessel has a permit authorization to engage in catching, taking or 
harvesting activities, but such authorization is limited to a specific 
area within the EEZ, and/or to a specific period of time, the vessel 
must have all of its fishing gear stowed while it is in the EEZ, except 
when it is in the specific area authorized, and/or during the specific 
period of time authorized.



Sec. 600.516   Total allowable level of foreign fishing (TALFF).

    (a) The TALFF, if any, with respect to any fishery subject to the 
exclusive fishery management authority of the United States, is that 
portion of the OY of such fishery that will not be caught by vessels of 
the United States.
    (b) Each specification of OY and each assessment of the anticipated 
U.S. harvest will be reviewed during each fishing season. Adjustments to 
TALFF's will be made based on updated information relating to status of 
stocks, estimated and actual performance of domestic and foreign fleets, 
and other relevant factors.
    (c) Specifications of OY and the initial estimates of U.S. harvests 
and TALFF's at the beginning of the relevant fishing year will be 
published in the Federal Register. Adjustments to those numbers will be 
published in the Federal Register upon occasion or as directed by 
regulations implementing FMPs. For current apportionments, contact the 
appropriate Regional Director or the Director.



Sec. 600.517   Allocations.

    The Secretary of State, in cooperation with the Secretary, 
determines the allocation among foreign nations of fish species and 
species groups. The Secretary of State officially notifies each foreign 
nation of its allocation. The burden of ascertaining and accurately 
transmitting current allocations and status of harvest of an applicable 
allocation to fishing vessels is upon the foreign nation and the owner 
or operator of the FFV.



Sec. 600.518   Fee schedule for foreign fishing.

    (a) Permit application fees. Each vessel permit application 
submitted under Sec. 600.501 must be accompanied by a fee

[[Page 54]]

of $354 per vessel, plus the surcharge, if required under paragraph (e) 
of this section, rounded to the nearest dollar. At the time the 
application is submitted to the DOS, a check for the fees, drawn on a 
U.S. bank, made out to ``Department of Commerce, NOAA,'' must be sent to 
the Director. The permit fee payment must be accompanied by a list of 
the vessels for which the payment is made.
    (b) Poundage fees--(1) Rates. If a Nation chooses to accept an 
allocation, poundage fees must be paid at the rate specified in the 
following table, plus the surcharge required by paragraph (c) of this 
section.

                    Table--Species and Poundage Fees                    
            [Dollars per metric ton, unless otherwise noted]            
------------------------------------------------------------------------
                                                                Poundage
                         Species fees                             fees  
------------------------------------------------------------------------
Northwest Atlantic Ocean fisheries:                                     
  1. Butterfish..............................................     274.61
  2. Hake, red...............................................     163.97
  3. Hake, silver............................................     174.63
  4. Herring.................................................      61.76
  5. Mackerel, Atlantic......................................      58.33
  6. Other groundfish........................................     119.09
  7. Squid, Illex............................................     103.98
  8. Squid, Loligo...........................................     245.73
------------------------------------------------------------------------

    (2) Method of payment of poundage fees, surcharges and observer 
fees. (i) If a Nation chooses to accept an allocation, a revolving 
letter of credit (L/C) must be established and maintained to cover the 
poundage fees for at least 25 percent of the previous year's total 
allocations at the rate in paragraph (b)(1) of this section, or as 
determined by the Assistant Administrator, plus the surcharges and 
observer fees required by paragraphs (c) and (d) of this section. The L/
C must--
    (A) Be irrevocable.
    (B) Be with a bank subscribing to ICC Pub. 290.
    (C) Designate ``Department of Commerce, NOAA'' as beneficiary;
    (D) Allow partial withdrawals.
    (E) Be confirmed by a U.S. bank.
    (ii) The customer must pay all commissions, transmission, and 
service charges. No fishing will be allowed until the L/C is 
established, and authorized written notice of its issuance is provided 
to the Assistant Administrator.
    (3) Assessment of poundage fees. Poundage fees will be assessed 
quarterly for the actual catch during January through March, April 
through June, July through September, and October through December. The 
appropriate Regional Director will reconcile catch figures with each 
country following the procedures of Sec. 600.511(d). When the catch 
figures are agreed upon, NOAA will present a bill for collection as the 
documentary demand for payment to the confirming bank. If, after 45 days 
from the end of the quarter, catches have not been reconciled, the 
estimate of the Regional Director will stand and a bill will be issued 
for that amount. If necessary, the catch figures may be refined by the 
Regional Director during the next 60 days, and any modifications will be 
reflected in the next quarter's bill.
    (c) Surcharges. The owner or operator of each foreign vessel who 
accepts and pays permit application or poundage fees under paragraph (a) 
or (b) of this section must also pay a surcharge. The Assistant 
Administrator may reduce or waive the surcharge if it is determined that 
the Fishing Vessel and Gear Damage Compensation Fund is capitalized 
sufficiently. The Assistant Administrator also may increase the 
surcharge during the year to a maximum level of 20 percent, if needed, 
to maintain capitalization of the fund. The Assistant Administrator has 
effectively waived the surcharge until further notice.
    (d) Observer fees. The Assistant Administrator will notify the 
owners or operators of FFV's of the estimated annual costs of placing 
observers aboard their vessels. The owners or operators of any such 
vessel must provide for repayment of those costs by including one-fourth 
of the estimated annual observer fee as determined by the Assistant 
Administrator in a L/C as prescribed in Sec. 600.518(b)(2). During the 
fiscal year, payment will be withdrawn from the L/C as required to cover 
anticipated observer coverage for the upcoming fishery. The Assistant 
Administrator will reconcile any differences between the estimated cost 
and actual costs of observer coverage within 90 days after the end of 
the fiscal year.
    (e) Financial assurances. (1) A foreign nation, or the owners and 
operators of certain vessels of that foreign nation,

[[Page 55]]

may be required by the Assistant Administrator to provide financial 
assurances. Such assurances may be required if--
    (i) Civil and criminal penalties assessed against fishing vessels of 
the Nation have not effectively deterred violations;
    (ii) Vessels of that Nation have engaged in fishing in the EEZ 
without proper authorization to conduct such activities;
    (iii) The Nation's vessel owners have refused to answer 
administrative charges or summons to appear in court; or
    (iv) Enforcement of Magnuson Act civil or criminal judgments in the 
courts of a foreign nation is unattainable.
    (2) The level of financial assurances will be guided by the level of 
penalties assessed and costs to the U.S. Government.



Sec. 600.520  Northwest Atlantic Ocean fishery.

    (a) Purpose. Sections 600.520 and 600.525 regulate all foreign 
fishing conducted under a GIFA within the EEZ in the Atlantic Ocean 
north of 35 deg.00' N. lat.
    (b) Authorized fishery--(1) Allocations. Foreign vessels may engage 
in fishing only in accordance with applicable national allocations.
    (2) Time and area restrictions. (i) Fishing, including processing, 
scouting, and support of foreign or U.S. vessels, is prohibited south of 
35 deg.00' N. lat., and north and east of a line beginning at the shore 
at 44 deg.22' N. lat., 67 deg.52' W. long. and intersecting the boundary 
of the EEZ at 44 deg.11'12'' N. lat., 67 deg.16'46'' W. long.
    (ii) The Regional Director will consult with the Council prior to 
giving notice of any area or time restriction. NMFS will also consult 
with the USCG if the restriction is proposed to reduce gear conflicts. 
If NMFS determines after such consultation that the restriction appears 
to be appropriate, NMFS will publish the proposed restriction in the 
Federal Register, together with a summary of the information on which 
the restriction is based. Following a 30-day comment period, NMFS will 
publish a final action.
    (iii) The Regional Director may rescind any restriction if he/she 
determines that the basis for the restriction no longer exists.
    (iv) Any notice of restriction shall operate as a condition imposed 
on the permit issued to the foreign vessels involved in the fishery.
    (3) TALFF. The TALFFs for the fisheries of the Northwest Atlantic 
Ocean are published in the Federal Register. Current TALFFs are also 
available from the Regional Director.
    (4) Species definitions. The category ``other finfish'' used in 
TALFFs and in allocations includes all species except:
    (i) The other allocated species, namely: Short-finned squid, long-
finned squid, Atlantic herring, Atlantic mackerel, river herring 
(includes alewife, blueback herring, and hickory shad), and butterfish.
    (ii) The prohibited species, namely: American plaice, American shad, 
Atlantic cod, Atlantic menhaden, Atlantic redfish, Atlantic salmon, all 
marlin, all spearfish, sailfish, swordfish, black sea bass, bluefish, 
croaker, haddock, ocean pout, pollock, red hake, scup, sea turtles, 
sharks (except dogfish), silver hake, spot, striped bass, summer 
flounder, tilefish, yellowtail flounder, weakfish, white hake, 
windowpane flounder, winter flounder, witch flounder, Continental Shelf 
fishery resources, and other invertebrates (except nonallocated squids).
    (5) Closures. The taking of any species for which a Nation has an 
allocation is permitted, provided that:
    (i) The vessels of the foreign nation have not caught the allocation 
of that Nation for any species or species group (e.g., ``other 
finfish''). When vessels of a foreign nation have caught an applicable 
allocation of any species, all further fishing other than scouting, 
processing, or support by vessels of that Nation must cease, even if 
other allocations have not been reached. Therefore, it is essential that 
foreign nations plan their fishing strategy to ensure that the reaching 
of an allocation for one species does not result in the premature 
closing of a Nation's fishery for other allocated species.
    (ii) The fishery has not been closed for other reasons under 
Sec. 600.511.

[[Page 56]]

    (6) Allocation utilization. Foreign fishing vessels may elect to 
retain or discard allocated species; however, the computation of 
allocation utilization and fee refunds will be based on the total 
quantity of that species that was caught. Prohibited species must always 
be returned to the sea as required under Sec. 600.509.
    (c) Fishing areas. For the purposes of the Northwest Atlantic Ocean 
fishery, fishing areas are that portion of the EEZ shown inside the 
boundaries of the ``three digit statistical areas'' described in Figure 
1 to this section.

[[Page 57]]

[GRAPHIC] [TIFF OMITTED] TR24JN96.000



[[Page 58]]



Sec. 600.525  Atlantic herring fishery.

    (a) Initial specifications. The initial specifications of OY, DAH, 
DAP, JVP, TALFF, and reserve (if any) have been established by the PMP 
for Atlantic herring approved on July 6, 1995. These annual 
specifications will remain in effect unless adjusted pursuant to the 
provisions specified in paragraph (b) of this section.
    (b) Procedures to adjust initial specifications. NMFS may adjust 
these initial specifications upward or downward to produce the greatest 
overall benefit to the United States at any time prior to or during the 
fishing years for which the initial specifications are set by publishing 
notification in the Federal Register with the reasons for such 
adjustments. Any notice of adjustment may provide for public comment. 
Adjustments to the initial specifications may take into account the 
following information:
    (1) The estimated domestic processing capacity and extent to which 
it will be used.;
    (2) Landings and catch statistics.;
    (3) Stock assessments.
    (4) Relevant scientific information.



      Subpart G--Preemption of State Authority Under Section 306(b)



Sec. 600.605  General policy.

    It is the policy of the Secretary that preemption proceedings will 
be conducted expeditiously. The administrative law judge and counsel or 
other representative for each party are encouraged to make every effort 
at each stage of the proceedings to avoid delay.



Sec. 600.610  Factual findings for Federal preemption.

    (a) The two factual findings for Federal preemption of state 
management authority over a fishery are:
    (1) The fishing in a fishery that is covered by an FMP implemented 
under the Magnuson Act is engaged in predominately within the EEZ and 
beyond such zone.
    (2) A state has taken any action, or omitted to take any action, the 
results of which will substantially and adversely affect the carrying 
out of such FMP.
    (b) Whether fishing is engaged in ``predominately'' within or beyond 
the EEZ will be determined after consideration of relevant factors, 
including but not limited to, the catch (based on numbers, value, or 
weight of fish caught, or other relevant factors) or fishing effort 
during the appropriate period, and in light of historical patterns of 
the distribution of catch or fishing effort for such stock or stocks of 
fish.
     (c) Whether relevant effects are substantial will be determined 
after consideration of the magnitude of such actual or potential 
effects. Relevant to this determination are various factors, including 
but not limited to, the proportion of the fishery (stock or stocks of 
fish and fishing for such stocks) that is subject to the effects of a 
particular state's action or omission, the characteristics and status 
(including migratory patterns and biological condition) of the stock or 
stocks of fish in the fishery, and the similarity or dissimilarity 
between the goals, objectives, or policies of the state's action or 
omission and the management goals or objectives specified in the FMP for 
the fishery or between the state and Federal conservation and management 
measures of the fishery.



Sec. 600.615  Commencement of proceedings.

    (a) Notice of proposed preemption. (1) If a proceeding under this 
part is deemed necessary, the Administrator must issue a notice of 
proposed preemption to the Attorney General of the State or States 
concerned. The notice will contain:
    (i) A recital of the legal authority and jurisdiction for 
instituting the proceeding.
    (ii) A concise statement of the Sec. 600.610 factual findings for 
Federal preemption upon which the notice is based.
    (iii) The time, place, and date of the hearing.
    (2) The notice of proposed preemption will also be published in the 
Federal Register. This notification may be combined with any notice of 
proposed rulemaking published under paragraph (d)(1) of this section.

[[Page 59]]

    (b) Response. The state will have the opportunity to respond in 
writing to the notice of proposed preemption.
    (c) Amendment. The Administrator may, at any time prior to the 
Secretary's decision, withdraw the notice of proposed preemption. Upon 
motion of either party before the record is closed, the administrative 
law judge may amend the notice of proposed preemption.
    (d) Proposed regulations--(1) In general. If additional regulations 
are required to govern fishing within the boundaries of a state, the 
Administrator may publish proposed regulations in the Federal Register 
concurrently with issuing the notification indicated in paragraph (a) of 
this section.
    (2) Emergency actions. Nothing in this section will prevent the 
Secretary from taking emergency action under section 305(e) of the 
Magnuson Act.



Sec. 600.620  Rules pertaining to the hearing.

    (a) The civil procedure rules of the NOAA currently set forth in 15 
CFR part 904, subpart C (or as subsequently amended), apply to the 
proceeding after its commencement by service of notice (pursuant to 
Sec. 600.615) and prior to the Secretary's decision (Sec. 600.625), 
except that the following sections will not apply:
    (1) 15 CFR 904.201 (Definitions);
    (2) 15 CFR 904.206(a)(1) (Duties and powers of Judge); and
    (3) 15 CFR 904.272 (Administrative review of decision).
    (b) Additional duties and powers of judge--(1) Time periods. The 
administrative law judge is authorized to modify all time periods 
pertaining to the course of the hearing (under Secs. 600.615 and 
600.620) to expedite the proceedings, upon application and appropriate 
showing of need or emergency circumstances by a party.
    (2) Intervention. Intervention by persons not parties is not 
allowed.



Sec. 600.625  Secretary's decision.

    (a) The Secretary will, on the basis of the hearing, record the 
administrative law judge's recommended decision:
    (1) Accept or reject any of the findings or conclusions of the 
administrative law judge and decide whether the factual findings exist 
for Federal preemption of a state's authority within its boundaries 
(other than in its internal waters) with respect to the fishery in 
question;
    (2) Reserve decision on the merits or withdraw the notice of 
proposed preemption; or
    (3) Remand the case to the administrative law judge for further 
proceedings as may be appropriate, along with a statement of reasons for 
the remand.
    (b) Notification. (1) If the factual findings for Federal preemption 
are determined to exist, the Secretary will notify in writing the 
Attorney General of that state and the appropriate Council(s) of the 
preemption of that state's authority. The Secretary will also direct the 
Administrator to promulgate appropriate regulations proposed under 
Sec. 600.615(d) and otherwise to begin regulating the fishery within the 
state's boundaries (other than in its internal waters).
    (2) If the factual findings for Federal preemption are determined 
not to exist, the Secretary will notify, in writing, the Attorney 
General of the state and the appropriate Council(s) of that 
determination. The Secretary will also direct the Administrator to issue 
a notice withdrawing any regulations proposed under Sec. 600.615(d).



Sec. 600.630  Application for reinstatement of state authority.

    (a) Application or notice. (1) At any time after the promulgation of 
regulations under Sec. 600.625(b)(1) to regulate a fishery within a 
state's boundaries, the affected state may apply to the Secretary for 
reinstatement of state authority. The Secretary may also serve upon such 
state a notice of intent to terminate such Federal regulation. A state's 
application must include a clear and concise statement of:
    (i) The action taken by the State to correct the action or omission 
found to have substantially and adversely affected the carrying out of 
the FMP; or
    (ii) Any changed circumstances that affect the relationship of the 
state's action or omission to take action to the carrying out of the FMP 
(including any amendment to such plan); and

[[Page 60]]

    (iii) Any laws, regulations, or other materials that the state 
believes support the application.
    (2) Any such application received by the Secretary or notice issued 
to the State will be published in the Federal Register.
    (b) Informal response. The Secretary has sole discretion to accept 
or reject the application or response. If the Secretary accepts the 
application or rejects any responses and finds that the reasons for 
regulation of the fishery within the boundaries of the state no longer 
prevail, the Secretary will promptly terminate such regulation and 
publish in the Federal Register any regulatory amendments necessary to 
accomplish that end.
    (c) Hearing. The Secretary has sole discretion to direct the 
Administrator to schedule hearings for the receipt of evidence by an 
administrative law judge. Hearings before the administrative law judge 
to receive such evidence will be conducted in accordance with 
Sec. 600.620. Upon conclusion of such hearings, the administrative law 
judge will certify the record and a recommended decision to the 
Secretary. If the Secretary, upon consideration of the state's 
application or any response to the notice published under 
Sec. 600.630(a)(2), the hearing record, the recommended decision, and 
any other relevant materials finds that the reasons for regulation of 
the fishery within the boundaries of the state no longer prevail, the 
Secretary will promptly terminate such regulation and publish in the 
Federal Register any regulatory amendments necessary to accomplish that 
end.



          Subpart H--General Provisions for Domestic Fisheries



Sec. 600.705  Relation to other laws.

    (a) General. Persons affected by these regulations should be aware 
that other Federal and state statutes and regulations may apply to their 
activities. Vessel operators may wish to refer to USCG regulations found 
in the Code of Federal Regulations title 33--Navigation and Navigable 
Waters and 46--Shipping; 15 CFR part 904, subpart D--Permit Sanctions 
and Denials; and title 43--Public Lands (in regard to marine 
sanctuaries).
    (b) State responsibilities. Certain responsibilities relating to 
data collection and enforcement may be performed by authorized state 
personnel under a state/Federal agreement for data collection and a 
tripartite agreement among the state, the USCG, and the Secretary for 
enforcement.
    (c) Submarine cables. Fishing vessel operators must exercise due 
care in the conduct of fishing activities near submarine cables. Damage 
to the submarine cables resulting from intentional acts or from the 
failure to exercise due care in the conduct of fishing operations 
subjects the fishing vessel operator to the criminal penalties 
prescribed by the Submarine Cable Act (47 U.S.C. 21) which implements 
the International Convention for the Protection of Submarine Cables. 
Fishing vessel operators also should be aware that the Submarine Cable 
Act prohibits fishing operations at a distance of less than 1 nautical 
mile (1.85 km) from a vessel engaged in laying or repairing a submarine 
cable; or at a distance of less than 0.25 nautical mile (0.46 km) from a 
buoy or buoys intended to mark the position of a cable when being laid 
or when out of order or broken.
    (d) Marine mammals. Regulations governing exemption permits and the 
recordkeeping and reporting of the incidental take of marine mammals are 
set forth in part 229 of this title.
    (e) Halibut fishing. Fishing for halibut is governed by regulations 
of the International Pacific Halibut Commission set forth at part 300 of 
this title.
    (f) Marine sanctuaries. All fishing activity, regardless of species 
sought, is prohibited under 15 CFR part 924 in the U.S.S. Monitor Marine 
Sanctuary, which is located approximately 15 miles southwest of Cape 
Hatteras off the coast of North Carolina.



Sec. 600.710  Permits.

    Regulations pertaining to permits required for certain fisheries are 
set forth in the parts of this chapter governing those fisheries.

[[Page 61]]



Sec. 600.715  Recordkeeping and reporting.

    Regulations pertaining to records and reports required for certain 
fisheries are set forth in the parts of this chapter governing those 
fisheries.



Sec. 600.720  Vessel and gear identification.

    Regulations pertaining to special vessel and gear markings required 
for certain fisheries are set forth in the parts of this chapter 
governing those fisheries.



Sec. 600.725  General prohibitions.

    It is unlawful for any person to do any of the following:
    (a) Possess, have custody or control of, ship, transport, offer for 
sale, sell, purchase, land, import, or export, any fish or parts thereof 
taken or retained in violation of the Magnuson Act or any other statute 
administered by NOAA and/or any regulation or permit issued under the 
Magnuson Act.
    (b) Transfer or attempt to transfer, directly or indirectly, any 
U.S.-harvested fish to any foreign fishing vessel, while such vessel is 
in the EEZ, unless the foreign fishing vessel has been issued a permit 
under section 204 of the Magnuson Act, which authorizes the receipt by 
such vessel of U.S.- harvested fish.
    (c) Fail to comply immediately with enforcement and boarding 
procedures specified in Sec. 600.730.
    (d) Refuse to allow an authorized officer to board a fishing vessel 
or to enter areas of custody for purposes of conducting any search, 
inspection, or seizure in connection with the enforcement of the 
Magnuson Act or any other statute administered by NOAA.
    (e) Dispose of fish or parts thereof or other matter in any manner, 
after any communication or signal from an authorized officer, or after 
the approach by an authorized officer or an enforcement vessel or 
aircraft.
    (f) Assault, resist, oppose, impede, intimidate, threaten, or 
interfere with any authorized officer in the conduct of any search, 
inspection, or seizure in connection with enforcement of the Magnuson 
Act or any other statute administered by NOAA.
    (g) Interfere with, delay, or prevent by any means, the apprehension 
of another person, knowing that such person has committed any act 
prohibited by the Magnuson Act or any other statute administered by 
NOAA.
    (h) Resist a lawful arrest for any act prohibited under the Magnuson 
Act or any other statute administered by NOAA.
    (i) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, offer of sale, possession, transport, import, export, or transfer 
of any fish, or attempts to do any of the above.
    (j) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson Act or any other statute 
administered by NOAA.
    (k) Fish in violation of the terms or conditions of any permit or 
authorization issued under the Magnuson Act or any other statute 
administered by NOAA.
    (l) Fail to report catches as required while fishing pursuant to an 
exempted fishing permit.
    (m) On a scientific research vessel, engage in fishing other than 
recreational fishing authorized by applicable state or Federal 
regulations.
    (n) Trade, barter, or sell; or attempt to trade, barter, or sell 
fish possessed or retained while fishing pursuant to an authorization 
for an exempted educational activity.
    (o) Harass or sexually harass an authorized officer or an observer.
    (p) It is prohibited to violate any other provision of this part, 
the Magnuson Act or any other statute administered by NOAA, any notice 
issued under this part, or any other regulation promulgated under the 
Magnuson Act or any other statute administered by NOAA.



Sec. 600.730  Facilitation of enforcement.

    (a) General. The operator of, or any other person aboard, any 
fishing vessel subject to parts 622 through 699 of this chapter must 
immediately comply with instructions and signals issued by an authorized 
officer to stop the vessel and with instructions to facilitate safe

[[Page 62]]

boarding and inspection of the vessel, its gear, equipment, fishing 
record (where applicable), and catch for purposes of enforcing the 
Magnuson Act or any other statute administered by NOAA and this chapter.
    (b) Communications. (1) Upon being approached by a USCG vessel or 
aircraft, or other vessel or aircraft with an authorized officer aboard, 
the operator of a fishing vessel must be alert for communications 
conveying enforcement instructions.
    (2) VHF-FM radiotelephone is the preferred method for communicating 
between vessels. If the size of the vessel and the wind, sea, and 
visibility conditions allow, a loudhailer may be used instead of the 
radio. Hand signals, placards, high frequency radiotelephone, or voice 
may be employed by an authorized officer, and message blocks may be 
dropped from an aircraft.
    (3) If other communications are not practicable, visual signals may 
be transmitted by flashing light directed at the vessel signaled. USCG 
units will normally use the flashing light signal ``L'' as the signal to 
stop. In the International Code of Signals, ``L'' (.-..) means ``you 
should stop your vessel instantly.'' (Period (.) means a short flash of 
light; dash (-) means a long flash of light.)
    (4) Failure of a vessel's operator promptly to stop the vessel when 
directed to do so by an authorized officer using loudhailer, 
radiotelephone, flashing light signal, or other means constitutes prima 
facie evidence of the offense of refusal to permit an authorized officer 
to board.
    (5) The operator of a vessel who does not understand a signal from 
an enforcement unit and who is unable to obtain clarification by 
loudhailer or radiotelephone must consider the signal to be a command to 
stop the vessel instantly.
    (c) Boarding. The operator of a vessel directed to stop must:
    (1) Guard Channel 16, VHF-FM, if so equipped.
    (2) Stop immediately and lay to or maneuver in such a way as to 
allow the authorized officer and his/her party to come aboard.
    (3) Except for those vessels with a freeboard of 4 ft (1.2 m) or 
less, provide a safe ladder, if needed, for the authorized officer and 
his/her party to come aboard.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or observer, provide a manrope or safety line, and 
illumination for the ladder.
    (5) Take such other actions as necessary to facilitate boarding and 
to ensure the safety of the authorized officer and the boarding party.
    (d) Signals. The following signals, extracted from the International 
Code of Signals, may be sent by flashing light by an enforcement unit 
when conditions do not allow communications by loudhailer or 
radiotelephone. Knowledge of these signals by vessel operators is not 
required. However, knowledge of these signals and appropriate action by 
a vessel operator may preclude the necessity of sending the signal ``L'' 
and the necessity for the vessel to stop instantly. (Period (.) means a 
short flash of light; dash (-) means a long flash of light.)
    (1) ``AA'' repeated (.-.-) is the call to an unknown station. The 
operator of the signaled vessel should respond by identifying the vessel 
by radiotelephone or by illuminating the vessel's identification.
    (2) ``RY-CY'' (.-. -.-- -.-. -.--) means ``you should proceed at 
slow speed, a boat is coming to you.'' This signal is normally employed 
when conditions allow an enforcement boarding without the necessity of 
the vessel being boarded coming to a complete stop, or, in some cases, 
without retrieval of fishing gear which may be in the water.
    (3) ``SQ3'' (... --.- ...--) means ``you should stop or heave to; I 
am going to board you.''

[61 FR 32540, June 24, 1996, as amended at 61 FR 37225, July 17, 1996]



Sec. 600.735  Penalties.

    Any person committing, or fishing vessel used in the commission of a 
violation of the Magnuson Act or any other statute administered by NOAA 
and/or any regulation issued under the Magnuson Act, is subject to the 
civil and criminal penalty provisions and civil forfeiture provisions of 
the Magnuson Act, to this section, to 15 CFR

[[Page 63]]

part 904 (Civil Procedures), and to other applicable law.



Sec. 600.740  Enforcement policy.

    (a) The Magnuson Act provides four basic enforcement remedies for 
violations, in ascending order of severity, as follows:
    (1) Issuance of a citation (a type of warning), usually at the scene 
of the offense (see 15 CFR part 904, subpart E).
    (2) Assessment by the Administrator of a civil money penalty.
    (3) For certain violations, judicial forfeiture action against the 
vessel and its catch.
    (4) Criminal prosecution of the owner or operator for some offenses. 
It shall be the policy of NMFS to enforce vigorously and equitably the 
provisions of the Magnuson Act by utilizing that form or combination of 
authorized remedies best suited in a particular case to this end.
    (b) Processing a case under one remedial form usually means that 
other remedies are inappropriate in that case. However, further 
investigation or later review may indicate the case to be either more or 
less serious than initially considered, or may otherwise reveal that the 
penalty first pursued is inadequate to serve the purposes of the 
Magnuson Act. Under such circumstances, the Agency may pursue other 
remedies either in lieu of or in addition to the action originally 
taken. Forfeiture of the illegal catch does not fall within this general 
rule and is considered in most cases as only the initial step in 
remedying a violation by removing the ill-gotten gains of the offense.
    (c) If a fishing vessel for which a permit has been issued under the 
Magnuson Act is used in the commission of an offense prohibited by 
section 307 of the Magnuson Act, NOAA may impose permit sanctions, 
whether or not civil or criminal action has been undertaken against the 
vessel or its owner or operator. In some cases, the Magnuson Act 
requires permit sanctions following the assessment of a civil penalty or 
the imposition of a criminal fine. In sum, the Magnuson Act treats 
sanctions against the fishing vessel permit to be the carrying out of a 
purpose separate from that accomplished by civil and criminal penalties 
against the vessel or its owner or operator.



Sec. 600.745   Scientific research activity, exempted fishing, and exempted educational activity.

    (a) Scientific research activity. Nothing in this section is 
intended to inhibit or prevent any scientific research activity 
conducted by a scientific research vessel. Persons planning to conduct 
scientific research activities in the EEZ are encouraged to submit to 
the appropriate Regional Director, Director, or designee, 60 days or as 
soon as practicable prior to its start, a scientific research plan for 
each scientific cruise. The Regional Director, Director, or designee 
will acknowledge notification of scientific research activity by issuing 
to the operator or master of that vessel, or to the sponsoring 
institution, a letter of acknowledgment. This letter of acknowledgment 
is separate and distinct from any permit required by any other 
applicable law. If the Regional Director, Director, or designee, after 
review of a research plan, determines that it does not constitute 
scientific research but rather fishing, the Regional Director, Director, 
or designee will inform the applicant as soon as practicable and in 
writing. The Regional Director, Director, or designee may also make 
recommendations to revise the research plan to make the cruise 
acceptable as scientific research activity or recommend the applicant 
request an EFP. In order to facilitate identification of activity as 
scientific research, persons conducting scientific research activities 
are advised to carry a copy of the scientific research plan and the 
letter of acknowledgment on board the scientific research vessel. 
Activities conducted in accordance with a scientific research plan 
acknowledged by such a letter are presumed to be scientific research 
activity. The presumption may be overcome by showing that an activity 
does not fit the definition of scientific research activity or is 
outside the scope of the scientific research plan.
    (b) Exempted fishing.--(1) General. A NMFS Regional Director or 
Director may authorize, for limited testing,

[[Page 64]]

public display, data collection, exploratory, health and safety, 
environmental cleanup, and/or hazard removal purposes, the target or 
incidental harvest of species managed under an FMP or fishery 
regulations that would otherwise be prohibited. Exempted fishing may not 
be conducted unless authorized by an EFP issued by a Regional Director 
or Director in accordance with the criteria and procedures specified in 
this section. The Regional Director or Director may charge a fee to 
recover the administrative expenses of issuing an EFP. The amount of the 
fee will be calculated, at least annually, in accordance with procedures 
of the NOAA Handbook for determining administrative costs of each 
special product or service; the fee may not exceed such costs. Persons 
may contact the appropriate Regional Director or Director to find out 
the applicable fee.
    (2) Application. An applicant for an EFP shall submit a completed 
application package to the appropriate Regional Director or Director, as 
soon as practicable and at least 60 days before the desired effective 
date of the EFP. Submission of an EFP application less than 60 days 
before the desired effective date of the EFP may result in a delayed 
effective date because of review requirements. The application package 
must include payment of any required fee as specified by paragraph 
(b)(1) of this section, and a written application that includes, but is 
not limited to, the following information:
    (i) The date of the application.
    (ii) The applicant's name, mailing address, and telephone number.
    (iii) A statement of the purposes and goals of the exempted fishery 
for which an EFP is needed, including justification for issuance of the 
EFP.
    (iv) For each vessel to be covered by the EFP, as soon as the 
information is available and before operations begin under the EFP:
    (A) A copy of the USCG documentation, state license, or registration 
of each vessel, or the information contained on the appropriate 
document.
    (B) The current name, address, and telephone number of the owner and 
master, if not included on the document provided for the vessel.
    (v) The species (target and incidental) expected to be harvested 
under the EFP, the amount(s) of such harvest necessary to conduct the 
exempted fishing, the arrangements for disposition of all regulated 
species harvested under the EFP, and any anticipated impacts on marine 
mammals or endangered species.
    (vi) For each vessel covered by the EFP, the approximate time(s) and 
place(s) fishing will take place, and the type, size, and amount of gear 
to be used.
    (vii) The signature of the applicant.
    (viii) The Regional Director or Director, as appropriate, may 
request from an applicant additional information necessary to make the 
determinations required under this section. An incomplete application or 
an application for which the appropriate fee has not been paid will not 
be considered until corrected in writing and the fee paid. An applicant 
for an EFP need not be the owner or operator of the vessel(s) for which 
the EFP is requested.
    (3) Issuance. (i) The Regional Director or Director, as appropriate, 
will review each application and will make a preliminary determination 
whether the application contains all of the required information and 
constitutes an activity appropriate for further consideration. If the 
Regional Director or Director finds that any application does not 
warrant further consideration, both the applicant and the affected 
Council(s) will be notified in writing of the reasons for the decision. 
If the Regional Director or Director determines that any application 
warrants further consideration, notification of receipt of the 
application will be published in the Federal Register with a brief 
description of the proposal, and the intent of NMFS to issue an EFP. 
Interested persons will be given a 15- to 45-day opportunity to comment 
and/or comments will be requested during public testimony at a Council 
meeting. The notification may establish a cut-off date for receipt of 
additional applications to participate in the same, or a similar, 
exempted fishing activity. The Regional Director or Director also will 
forward copies of the application to the Council(s), the USCG, and the 
appropriate fishery management agencies of

[[Page 65]]

affected states, accompanied by the following information:
    (A) The effect of the proposed EFP on the target and incidental 
species, including the effect on any TAC.
    (B) A citation of the regulation or regulations that, without the 
EFP, would prohibit the proposed activity.
    (C) Biological information relevant to the proposal, including 
appropriate statements of environmental impacts, including impacts on 
marine mammals and threatened or endangered species.
    (ii) If the application is complete and warrants additional 
consultation, the Regional Director or Director may consult with the 
appropriate Council(s) concerning the permit application during the 
period in which comments have been requested. The Council(s) or the 
Director or Regional Director shall notify the applicant in advance of 
any meeting at which the application will be considered, and offer the 
applicant the opportunity to appear in support of the application.
    (iii) As soon as practicable after receiving responses from the 
agencies identified in paragraph (b)(3)(i) of this section, and/or after 
the consultation, if any, described in paragraph (b)(3)(ii) of this 
section, the Regional Director or Director shall notify the applicant in 
writing of the decision to grant or deny the EFP, and, if denied, the 
reasons for the denial. Grounds for denial of an EFP include, but are 
not limited to, the following:
    (A) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application; or
    (B) According to the best scientific information available, the 
harvest to be conducted under the permit would detrimentally affect the 
well-being of the stock of any regulated species of fish, marine mammal, 
or threatened or endangered species in a significant way; or
    (C) Issuance of the EFP would have economic allocation as its sole 
purpose; or
    (D) Activities to be conducted under the EFP would be inconsistent 
with the intent of this section, the management objectives of the FMP, 
or other applicable law; or
    (E) The applicant has failed to demonstrate a valid justification 
for the permit; or
    (F) The activity proposed under the EFP could create a significant 
enforcement problem.
    (iv) The decision of a Regional Director or Director to grant or 
deny an EFP is the final action of NMFS. If the permit, as granted, is 
significantly different from the original application, or is denied, 
NMFS may publish notification in the Federal Register describing the 
exempted fishing to be conducted under the EFP or the reasons for 
denial.
    (v) The Regional Director or Director may attach terms and 
conditions to the EFP consistent with the purpose of the exempted 
fishing, including, but not limited to:
    (A) The maximum amount of each regulated species that can be 
harvested and landed during the term of the EFP, including trip 
limitations, where appropriate.
    (B) The number, size(s), name(s), and identification number(s) of 
the vessel(s) authorized to conduct fishing activities under the EFP.
    (C) The time(s) and place(s) where exempted fishing may be 
conducted.
    (D) The type, size, and amount of gear that may be used by each 
vessel operated under the EFP.
    (E) The condition that observers, a vessel monitoring system, or 
other electronic equipment be carried on board vessels operated under an 
EFP, and any necessary conditions, such as predeployment notification 
requirements.
    (F) Reasonable data reporting requirements.
    (G) Other conditions as may be necessary to assure compliance with 
the purposes of the EFP, consistent with the objectives of the FMP and 
other applicable law.
    (H) Provisions for public release of data obtained under the EFP 
that are consistent with NOAA confidentiality of statistics procedures 
at set out in subpart E. An applicant may be required to waive the right 
to confidentiality of information gathered while conducting exempted 
fishing as a condition of an EFP.

[[Page 66]]

    (4) Duration. Unless otherwise specified in the EFP or a superseding 
notice or regulation, an EFP is effective for no longer than 1 year, 
unless revoked, suspended, or modified. EFPs may be renewed following 
the application procedures in this section.
    (5) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (6) Transfer. EFPs issued under this section are not transferable or 
assignable. An EFP is valid only for the vessel(s) for which it is 
issued.
    (7) Inspection. Any EFP issued under this section must be carried on 
board the vessel(s) for which it was issued. The EFP must be presented 
for inspection upon request of any authorized officer.
    (8) Sanctions. Failure of a permittee to comply with the terms and 
conditions of an EFP may be grounds for revocation, suspension, or 
modification of the EFP with respect to all persons and vessels 
conducting activities under the EFP. Any action taken to revoke, 
suspend, or modify an EFP for enforcement purposes will be governed by 
15 CFR part 904, subpart D.
    (c) Reports. (1) Persons conducting scientific research activity are 
requested to submit a copy of any cruise report or other publication 
created as a result of the cruise, including the amount, composition, 
and disposition of their catch, to the appropriate Science and Research 
Director.
    (2) Persons fishing under an EFP are required to report their 
catches to the appropriate Regional Director or Director, as specified 
in the EFP.
    (d) Exempted educational activities--(1) General. A NMFS Regional 
Director or Director may authorize, for educational purposes, the target 
or incidental harvest of species managed under an FMP or fishery 
regulations that would otherwise be prohibited. The decision of a 
Regional Director or Director to grant or deny an exempted educational 
activity authorization is the final action of NMFS. Exempted educational 
activities may not be conducted unless authorized in writing by a 
Regional Director or Director in accordance with the criteria and 
procedures specified in this section. Such authorization will be issued 
without charge.
    (2) Application. An applicant for an exempted educational activity 
authorization shall submit to the appropriate Regional Director or 
Director, at least 15 days before the desired effective date of the 
authorization, a written application that includes, but is not limited 
to, the following information:
    (i) The date of the application.
    (ii) The applicant's name, mailing address, and telephone number.
    (iii) A brief statement of the purposes and goals of the exempted 
educational activity for which authorization is requested, including a 
general description of the arrangements for disposition of all species 
collected.
    (iv) Evidence that the sponsoring institution is a valid educational 
institution, such as accreditation by a recognized national or 
international accreditation body.
    (v) The scope and duration of the activity.
    (vi) For each vessel to be covered by the authorization:
    (A) A copy of the U.S. Coast Guard documentation, state license, or 
registration of the vessel, or the information contained on the 
appropriate document.
    (B) The current name, address, and telephone number of the owner and 
master, if not included on the document provided for the vessel.
    (vii) The species and amounts expected to be caught during the 
exempted educational activity.
    (viii) For each vessel covered by the authorization, the approximate 
time(s) and place(s) fishing will take place, and the type, size, and 
amount of gear to be used.
    (ix) The signature of the applicant.
    (x) The Regional Director or Director may request from an applicant 
additional information necessary to make the determinations required 
under this section. An incomplete application will not be considered 
until corrected in writing.
    (3) Issuance. (i) The Regional Director or Director, as appropriate, 
will review each application and will make a determination whether the 
application contains all of the required information, is consistent with 
the goals, objectives,

[[Page 67]]

and requirements of the FMP or regulations and other applicable law, and 
constitutes a valid exempted educational activity. The applicant will be 
notified in writing of the decision within 5 working days of receipt of 
the application.
    (ii) The Regional Director or Director may attach terms and 
conditions to the authorization, consistent with the purpose of the 
exempted educational activity, including, but not limited to:
    (A) The maximum amount of each regulated species that may be 
harvested.
    (B) The time(s) and place(s) where the exempted educational activity 
may be conducted.
    (C) The type, size, and amount of gear that may be used by each 
vessel operated under the authorization.
    (D) Reasonable data reporting requirements.
    (E) Such other conditions as may be necessary to assure compliance 
with the purposes of the authorization, consistent with the objectives 
of the FMP or regulations.
    (F) Provisions for public release of data obtained under the 
authorization, consistent with NOAA confidentiality of statistics 
procedures in subpart E. An applicant may be required to waive the right 
to confidentiality of information gathered while conducting exempted 
educational activities as a condition of the authorization.
    (iii) The authorization will specify the scope of the authorized 
activity and will include, at a minimum, the duration, vessel(s), 
species and gear involved in the activity, as well as any additional 
terms and conditions specified under paragraph (d)(3)(ii) of this 
section.
    (4) Duration. Unless otherwise specified, authorization for an 
exempted educational activity is effective for no longer than 1 year, 
unless revoked, suspended, or modified. Authorizations may be renewed 
following the application procedures in this section.
    (5) Alteration. Any authorization that has been altered, erased, or 
mutilated is invalid.
    (6) Transfer. Authorizations issued under this paragraph (d) are not 
transferable or assignable.
    (7) Inspection. Any authorization issued under this paragraph (d) 
must be carried on board the vessel(s) for which it was issued or be in 
possession of the applicant to which it was issued while the exempted 
educational activity is being conducted. The authorization must be 
presented for inspection upon request of any authorized officer. 
Activities that meet the definition of fishing, despite an educational 
purpose, are fishing. An authorization may allow covered fishing 
activities; however, fishing activities conducted outside the scope of 
an authorization for exempted educational activities are illegal.



PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC--Table of Contents




                      Subpart A--General Provisions

Sec.
622.1  Purpose and scope.
622.2  Definitions and acronyms.
622.3  Relation to other laws and regulations.
622.4  Permits and fees.
622.5  Recordkeeping and reporting.
622.6  Vessel and gear identification.
622.7  Prohibitions.
622.8  At-sea observer coverage.

                      Subpart B--Effort Limitations

622.15  Wreckfish individual transferable quota (ITQ) system.
622.16  Red snapper individual transferable quota (ITQ) system.
622.17  South Atlantic golden crab controlled access.

                     Subpart C--Management Measures

622.30  Fishing years.
622.31  Prohibited gear and methods.
622.32  Prohibited and limited-harvest species.
622.33  Caribbean EEZ seasonal and/or area closures.
622.34  Gulf EEZ seasonal and/or area closures.
622.35  South Atlantic EEZ seasonal and/or area closures.
622.36  Seasonal harvest limitations.
622.37  Minimum sizes.
622.38  Landing fish intact.
622.39  Bag and possession limits.
622.40  Limitations on traps and pots.
622.41  Species specific limitations.
622.42  Quotas.
622.43  Closures.

[[Page 68]]

622.44  Commercial trip limits.
622.45  Restrictions on sale/purchase.
622.46  Prevention of gear conflicts.
622.47  Gulf groundfish trawl fishery.
622.48  Adjustment of management measures.
Appendix A to Part 622--Species Tables
Appendix B to Part 622--Gulf Areas
Appendix C to Part 622--Fish Length Measurements

    Authority: 16 U.S.C. 1801 et seq.

    Source: 61 FR 34934, July 3, 1996, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 622.1  Purpose and scope.

    (a) The purpose of this part is to implement the FMPs prepared under 
the Magnuson Act by the CFMC, GMFMC, and/or SAFMC listed in Table 1 of 
this section.
    (b) This part governs conservation and management of species 
included in the FMPs in or from the Caribbean, Gulf, Mid-Atlantic, or 
South Atlantic EEZ, as indicated in Table 1 of this section. For the 
FMPs noted in the following table, conservation and management extends 
to adjoining state waters for the purposes of data collection and 
monitoring:

                                    Table 1.--FMPs Implemented Under Part 622                                   
----------------------------------------------------------------------------------------------------------------
                                             Responsible fishery management                                     
               FMP title                               council(s)                        Geographical area      
----------------------------------------------------------------------------------------------------------------
Atlantic Coast Red Drum FMP...........  SAFMC                                     Mid-Atlantic and South        
                                                                                   Atlantic.                    
FMP for Coastal Migratory Pelagic       GMFMC/SAFMC                               Gulf,\1\ Mid-Atlantic 1,2 and 
 Resources.                                                                        South Atlantic.1, 3          
FMP for Coral and Coral Reefs of the    GMFMC                                     Gulf.                         
 Gulf of Mexico.                                                                                                
FMP for Coral, Coral Reefs, and Live/   SAFMC                                     South Atlantic.               
 Hard Bottom Habitats of the South                                                                              
 Atlantic Region.                                                                                               
FMP for Corals and Reef Associated      CFMC                                      Caribbean.                    
 Plants and Invertebrates of Puerto                                                                             
 Rico and the U.S. Virgin Islands.                                                                              
FMP for the Golden Crab Fishery of the  SAFMC                                     South Atlantic                
 South Atlantic Region.                                                                                         
FMP for the Red Drum Fishery of the     GMFMC                                     Gulf.1                        
 Gulf of Mexico.                                                                                                
FMP for the Reef Fish Fishery of        CFMC                                      Caribbean.                    
 Puerto Rico and the U.S. Virgin                                                                                
 Islands.                                                                                                       
FMP for the Reef Fish Resources of the  GMFMC                                     Gulf.1                        
 Gulf of Mexico.                                                                                                
FMP for the Shrimp Fishery of the Gulf  GMFMC                                     Gulf.1                        
 of Mexico.                                                                                                     
FMP for the Shrimp Fishery of the       SAFMC                                     South Atlantic.               
 South Atlantic Region.                                                                                         
FMP for the Snapper-Grouper Fishery of  SAFMC                                     South Atlantic.1, 4           
 the South Atlantic Region.                                                                                     
FMP for the Spiny Lobster Fishery of    CFMC                                      Caribbean.                    
 Puerto Rico and the U.S. Virgin                                                                                
 Islands.                                                                                                       
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.        
\2\ Only king and Spanish mackerel are managed under the FMP in the Mid-Atlantic.                               
\3\ Bluefish are not managed under the FMP in the South Atlantic.                                               
\4\ Bank, rock, and black sea bass and scup are not managed by the FMP or regulated by this part north of 35    
  deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC.                                                   


[61 FR 34934, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996]



Sec. 622.2  Definitions and acronyms.

    In addition to the definitions in the Magnuson Act and in 
Sec. 600.10 of this chapter, and the acronyms in Sec. 600.15 of this 
chapter, the terms and acronyms used in this part have the following 
meanings:
    Allowable chemical means a substance, generally used to immobilize 
marine life so that it can be captured alive, that, when introduced into 
the water, does not take Gulf and South Atlantic prohibited coral and is 
allowed by Florida for the harvest of tropical fish (e.g.,

[[Page 69]]

quinaldine, quinaldine compounds, or similar substances).
    Allowable octocoral means an erect, nonencrusting species of the 
subclass Octocorallia, except the seafans Gorgonia flabellum and G. 
ventalina, plus the attached substrate within 1 inch (2.54 cm) of an 
allowable octocoral.

    Note: An erect, nonencrusting species of the subclass Octocorallia, 
except the seafans Gorgonia flabellum and G. ventalina, with attached 
substrate exceeding 1 inch (2.54 cm) is considered to be live rock and 
not allowable octocoral.

    Aquacultured live rock means live rock that is harvested under a 
Federal aquacultured live rock permit, as required under 
Sec. 622.4(a)(3)(iii).
    Authorized statistical reporting agent means:
    (1) Any person so designated by the SRD; or
    (2) Any person so designated by the head of any Federal or State 
agency that has entered into an agreement with the Assistant 
Administrator to collect fishery data.
    Buoy gear means fishing gear consisting of a float and one or more 
weighted lines suspended therefrom, generally long enough to reach the 
bottom. A hook or hooks (usually 6 to 10) are on the lines at or near 
the end. The float and line(s) drift freely and are retrieved 
periodically to remove catch and rebait hooks.
    Carapace length means the straight-line distance from the orbital 
notch inside the orbital spine, in a line parallel to the lateral 
rostral sulcus, to the posterior margin of the cephalothorax. (See 
Figure 1 in Appendix C of this part.)
    Caribbean means the Caribbean Sea around Puerto Rico and the U.S. 
Virgin Islands.
    Caribbean coral reef resource means one or more of the species, or a 
part thereof, listed in Table 1 in Appendix A of this part, whether 
living or dead.
    Caribbean prohibited coral means, in the Caribbean; a gorgonian, 
that is, a Caribbean coral reef resource of the Class Anthozoa, Subclass 
Octocorallia, Order Gorgonacea; a live rock; or a stony coral, that is, 
a Caribbean coral reef resource of the Class Hydrozoa (fire corals and 
hydrocorals) or of the Class Anthozoa, Subclass Hexacorallia, Orders 
Scleractinia (stony corals) and Antipatharia (black corals); or a part 
thereof.
    Caribbean reef fish means one or more of the species, or a part 
thereof, listed in Table 2 in Appendix A of this part.
    Caribbean spiny lobster means the species Panulirus argus, or a part 
thereof.
    CFMC means the Caribbean Fishery Management Council.
    Charter vessel means a vessel less than 100 gross tons (90.8 mt) 
that meets the requirements of the USCG to carry six or fewer passengers 
for hire and that carries a passenger for hire at any time during the 
calendar year. A charter vessel with a commercial permit, as required 
under Sec. 622.4(a)(2), is considered to be operating as a charter 
vessel when it carries a passenger who pays a fee or when there are more 
than three persons aboard, including operator and crew.
    Coastal migratory pelagic fish means one or more of the following 
species, or a part thereof:
    (1) Bluefish, Pomatomus saltatrix (Gulf of Mexico only).
    (2) Cero, Scomberomorus regalis.
    (3) Cobia, Rachycentron canadum.
    (4) Dolphin, Coryphaena hippurus
    (5) King mackerel, Scomberomorus cavalla.
    (6) Little tunny, Euthynnus alletteratus.
    (7) Spanish mackerel, Scomberomorus maculatus.
    Coral area means marine habitat in the Gulf or South Atlantic EEZ 
where coral growth abounds, including patch reefs, outer bank reefs, 
deep water banks, and hard bottoms.
    Dealer, in addition to the definition specified in Sec. 600.15 of 
this chapter, means the person who first receives rock shrimp harvested 
from the EEZ upon transfer ashore.
    Drift gillnet, for the purposes of this part, means a gillnet, other 
than a run-around gillnet, that is unattached to the ocean bottom, 
whether or not attached to a vessel.
    Fish trap means--
    (1) In the Caribbean EEZ, a trap and its component parts (including 
the lines and buoys), regardless of the construction material, used for 
or capable of taking finfish.

[[Page 70]]

    (2) In the Gulf EEZ, a trap and its component parts (including the 
lines and buoys), regardless of the construction material, used for or 
capable of taking finfish, except a trap historically used in the 
directed fishery for crustaceans (that is, blue crab, stone crab, and 
spiny lobster).
    (3) In the South Atlantic EEZ, a trap and its component parts 
(including the lines and buoys), regardless of the construction 
material, used for or capable of taking fish, except a sea bass pot, a 
golden crab trap, or a crustacean trap (that is, a type of trap 
historically used in the directed fishery for blue crab, stone crab, red 
crab, jonah crab, or spiny lobster and that contains at any time not 
more than 25 percent, by number, of fish other than blue crab, stone 
crab, red crab, jonah crab, and spiny lobster).
    Fork length means the straight-line distance from the tip of the 
head (snout) to the rear center edge of the tail (caudal fin). (See 
Figure 2 in Appendix C of this part.)
    Golden crab means the species Chaceon fenneri, or a part thereof.
    Golden crab trap means any trap used or possessed in association 
with a directed fishery for golden crab in the South Atlantic EEZ, 
including any trap that contains a golden crab in or from the South 
Atlantic EEZ or any trap on board a vessel that possesses golden crab in 
or from the South Atlantic EEZ.
    GMFMC means the Gulf of Mexico Fishery Management Council.
    Gulf means the Gulf of Mexico. The line of demarcation between the 
Atlantic Ocean and the Gulf of Mexico is specified in Sec. 600.105(c) of 
this chapter.
    Gulf reef fish means one or more of the species, or a part thereof, 
listed in Table 3 in Appendix A of this part.
    Gulf and South Atlantic prohibited coral means, in the Gulf and 
South Atlantic, one or more of the following, or a part thereof:
    (1) Coral belonging to the Class Hydrozoa (fire corals and 
hydrocorals).
    (2) Coral belonging to the Class Anthozoa, Subclass Hexacorallia, 
Orders Scleractinia (stony corals) and Antipatharia (black corals).
    (3) A seafan, Gorgonia flabellum or G. ventalina.
    (4) Coral in a coral reef, except for allowable octocoral.
    (5) Coral in an HAPC, including allowable octocoral.
    HAPC means habitat area of particular concern.
    Headboat means a vessel that holds a valid Certificate of Inspection 
issued by the USCG to carry passengers for hire. A headboat with a 
commercial vessel permit, as required under Sec. 622.4(a)(2), is 
considered to be operating as a headboat when it carries a passenger who 
pays a fee or--
    (1) In the case of persons aboard fishing for or possessing South 
Atlantic snapper-grouper, when there are more persons aboard than the 
number of crew specified in the vessel's Certificate of Inspection; or
    (2) In the case of persons aboard fishing for or possessing coastal 
migratory pelagic fish or Gulf reef fish, when there are more than three 
persons aboard, including operator and crew.
    Live rock means living marine organisms, or an assemblage thereof, 
attached to a hard substrate, including dead coral or rock (excluding 
individual mollusk shells).
    MAFMC means the Mid-Atlantic Fishery Management Council.
    Mid-Atlantic means the Atlantic Ocean off the Atlantic coastal 
states from the boundary between the New England Fishery Management 
Council and the MAFMC, as specified in Sec. 600.105(a) of this chapter, 
to the boundary between the MAFMC and the SAFMC, as specified in 
Sec. 600.105(b) of this chapter.
    Migratory group, for king and Spanish mackerel, means a group of 
fish that may or may not be a separate genetic stock, but that is 
treated as a separate stock for management purposes. King and Spanish 
mackerel are divided into migratory groups--the Atlantic migratory group 
and the Gulf migratory group. The boundaries between these groups are as 
follows:
    (1) King mackerel--(i) Summer separation. From April 1 through 
October 31, the boundary separating the Gulf and Atlantic migratory 
groups of king mackerel is 25 deg.48' N. lat., which is a line directly 
west from the Monroe/Collier County, FL, boundary to the outer limit of 
the EEZ.

[[Page 71]]

    (ii) Winter separation. From November 1 through March 31, the 
boundary separating the Gulf and Atlantic migratory groups of king 
mackerel is 29 deg.25' N. lat., which is a line directly east from the 
Volusia/Flagler County, FL, boundary to the outer limit of the EEZ.
    (2) Spanish mackerel. The boundary separating the Gulf and Atlantic 
migratory groups of Spanish mackerel is 25 deg.20.4' N. lat., which is a 
line directly east from the Dade/Monroe County, FL, boundary to the 
outer limit of the EEZ.
    Off Florida means the waters in the Gulf and South Atlantic from 
30 deg.42'45.6'' N. lat., which is a line directly east from the seaward 
terminus of the Georgia/Florida boundary, to 87 deg.31'06'' W. long., 
which is a line directly south from the Alabama/Florida boundary.
    Off Georgia means the waters in the South Atlantic from a line 
extending in a direction of 104 deg. from true north from the seaward 
terminus of the South Carolina/Georgia boundary to 30 deg.42'45.6'' N. 
lat., which is a line directly east from the seaward terminus of the 
Georgia/Florida boundary.
    Off Louisiana, Mississippi, and Alabama means the waters in the Gulf 
other than off Florida and off Texas.
    Off North Carolina means the waters in the South Atlantic from 
36 deg.34'55'' N. lat., which is a line directly east from the Virginia/
North Carolina boundary, to a line extending in a direction of 
135 deg.34'55'' from true north from the North Carolina/South Carolina 
boundary, as marked by the border station on Bird Island at 33 deg. 
51'07.9'' N. lat., 78 deg.32'32.6'' W. long.
    Off South Carolina means the waters in the South Atlantic from a 
line extending in a direction of 135 deg.34'55'' from true north from 
the North Carolina/South Carolina boundary, as marked by the border 
station on Bird Island at 33 deg.51'07.9'' N. lat., 78'32'32.6'' W. 
long., to a line extending in a direction of 104 deg. from true north 
from the seaward terminus of the South Carolina/Georgia boundary.
    Off Texas means the waters in the Gulf west of a rhumb line from 
29 deg.32.1' N. lat., 93 deg.47.7' W. long. to 26 deg.11.4' N. lat., 
92 deg.53' W. long., which line is an extension of the boundary between 
Louisiana and Texas.
    Powerhead means any device with an explosive charge, usually 
attached to a speargun, spear, pole, or stick, that fires a projectile 
upon contact.
    Processor means a person who processes fish or fish products, or 
parts thereof, for commercial use or consumption.
    Purchase means the act or activity of buying, trading, or bartering, 
or attempting to buy, trade, or barter.
    Red drum, also called redfish, means Sciaenops ocellatus, or a part 
thereof.
    Red snapper means Lutjanus campechanus, or a part thereof, one of 
the Gulf reef fish species.
    Regional Director (RD), for the purposes of this part, means the 
Director, Southeast Region, NMFS (see Table 1 of Sec. 600.502 of this 
chapter).
    Run-around gillnet means a gillnet with a float line 1,000 yd (914 
m) or less in length that, when used, encloses an area of water.
    SAFMC means the South Atlantic Fishery Management Council.
    Sale or sell means the act or activity of transferring property for 
money or credit, trading, or bartering, or attempting to so transfer, 
trade, or barter.
    Science and Research Director (SRD), for the purposes of this part, 
means the Science and Research Director, Southeast Fisheries Science 
Center, NMFS (see Table 1 of Sec. 600.502 of this chapter).
    Sea bass pot means a trap has six rectangular sides and does not 
exceed 25 inches (63.5 cm) in height, width, or depth.
    Shrimp means one or more of the following species, or a part 
thereof:
    (1) Brown shrimp, Penaeus aztecus.
    (2) Pink shrimp, Penaeus duorarum.
    (3) Rock shrimp, Sicyonia brevirostris.
    (4) Royal red shrimp, Pleoticus robustus.
    (5) Seabob shrimp, Xiphopenaeus kroyeri.
    (6) White shrimp, Penaeus setiferus.
    SMZ means special management zone.
    South Atlantic means the Atlantic Ocean off the Atlantic coastal 
states from the boundary between the MAFMC and the SAFMC, as specified 
in Sec. 600.105(b) of this chapter, to the

[[Page 72]]

line of demarcation between the Atlantic Ocean and the Gulf of Mexico, 
as specified in Sec. 600.105(c) of this chapter.
    South Atlantic snapper-grouper means one or more of the species, or 
a part thereof, listed in Table 4 in Appendix A of this part.
    Total length (TL), for the purposes of this part, means the 
straight-line distance from the tip of the snout to the tip of the tail 
(caudal fin), excluding any caudal filament, while the fish is lying on 
its side. The mouth of the fish may be closed and/or the tail may be 
squeezed together to give the greatest overall measurement. (See Figure 
2 in Appendix C of this part.)
    Toxic chemical means any substance, other than an allowable 
chemical, that, when introduced into the water, can stun, immobilize, or 
take marine life.
    Trip means a fishing trip, regardless of number of days duration, 
that begins with departure from a dock, berth, beach, seawall, or ramp 
and that terminates with return to a dock, berth, beach, seawall, or 
ramp.
    Wild live rock means live rock other than aquacultured live rock.
    Wreckfish means the species Polyprion americanus, or a part thereof, 
one of the South Atlantic snapper-grouper species.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 47448, Sept. 9, 1996]

    Effective Date Note: At 61 FR 47448, Sept. 9, 1996, Sec. 622.2 was 
amended by adding the definition of ``Dealer'' effective Oct. 9, 1996.



Sec. 622.3  Relation to other laws and regulations.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705 of this chapter and paragraphs (b) and (c) of this section.
    (b) Except for regulations on allowable octocoral, Gulf and South 
Atlantic prohibited coral, and live rock, this part is intended to apply 
within the EEZ portions of applicable National Marine Sanctuaries and 
National Parks, unless the regulations governing such Sanctuaries or 
Parks prohibit their application. Regulations on allowable octocoral, 
Gulf and South Atlantic prohibited coral, and live rock do not apply 
within the EEZ portions of the following National Marine Sanctuaries and 
National Parks:
    (1) Everglades National Park (36 CFR 7.45).
    (2) Looe Key National Marine Sanctuary (15 CFR part 937).
    (3) Fort Jefferson National Monument (36 CFR 7.27).
    (4) Key Largo Coral Reef National Marine Sanctuary (15 CFR part 
929).
    (5) Biscayne National Park (16 U.S.C. 410gg).
    (6) Gray's Reef National Marine Sanctuary (15 CFR Part 938).
    (7) Monitor Marine Sanctuary (15 CFR part 924).
    (c) For allowable octocoral, if a state has a catch, landing, or 
gear regulation that is more restrictive than a catch, landing, or gear 
regulation in this part, a person landing in such state allowable 
octocoral taken from the Gulf or South Atlantic EEZ must comply with the 
more restrictive state regulation.
    (d) General provisions on facilitation of enforcement, penalties, 
and enforcement policy applicable to all domestic fisheries are set 
forth in Secs. 600.730, 600.735, and 600.740 of this chapter, 
respectively.
    (e) An activity that is otherwise prohibited by this part may be 
conducted if authorized as scientific research activity, exempted 
fishing, or exempted educational activity, as specified in Sec. 600.745 
of this chapter.



Sec. 622.4  Permits and fees.

    (a) Permits required. To conduct activities in fisheries governed in 
this part, valid Federal permits are required as follows:
    (1) Charter vessel/headboat permits. For a person aboard a vessel 
that is operating as a charter vessel or headboat to fish for or possess 
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic 
snapper-grouper in or from the EEZ, a charter vessel/headboat permit for 
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic 
snapper-grouper, respectively, must have been issued to the vessel and 
must be on board. A charter vessel or headboat may have both a charter 
vessel/headboat permit and a commercial vessel permit. However, when a 
vessel is operating as a charter vessel or

[[Page 73]]

headboat, a person aboard must adhere to the bag limits.
    (2) Commercial vessel permits and endorsements--(i) Fish traps in 
the Gulf. For a person to possess or use a fish trap in the EEZ in the 
Gulf of Mexico, a commercial vessel permit for Gulf reef fish with a 
fish trap endorsement must have been issued to the vessel and must be on 
board. See paragraph (n) of this section regarding a moratorium on fish 
trap endorsements.
    (ii) Gillnets for king mackerel in the Florida west coast subzone. 
For a person aboard a vessel to use a run-around gillnet for king 
mackerel in the Florida west coast subzone (see 
Sec. 622.42(c)(1)(i)(A)(3)), a commercial vessel permit for king and 
Spanish mackerel with a gillnet endorsement must have been issued to the 
vessel and must be on board. See paragraph (o) of this section for 
restrictions on addition or deletion of a gillnet endorsement.
    (iii) [Reserved]
    (iv) King and Spanish mackerel. For a person aboard a vessel to be 
eligible for exemption from the bag limits and to fish under a quota for 
king or Spanish mackerel in or from the Gulf, Mid-Atlantic, or South 
Atlantic EEZ, a commercial vessel permit for king and Spanish mackerel 
must have been issued to the vessel and must be on board. To obtain or 
renew a commercial vessel permit for king and Spanish mackerel, at least 
10 percent of the applicant's earned income must have been derived from 
commercial fishing, that is, sale of fish harvested from the applicant's 
vessels, during one of the 3 calendar years preceding the application.
    (v) Gulf reef fish. For a person aboard a vessel to be eligible for 
exemption from the bag limits, to fish under a quota, or to sell Gulf 
reef fish in or from the Gulf EEZ, a commercial vessel permit for Gulf 
reef fish must have been issued to the vessel and must be on board. To 
obtain or renew a commercial vessel permit for Gulf reef fish, more than 
50 percent of the applicant's earned income must have been derived from 
commercial fishing, that is, sale of fish harvested from the applicant's 
vessels, or from charter or headboat operations during either of the 2 
calendar years preceding the application. See paragraph (m) of this 
section regarding a moratorium on commercial vessel permits for Gulf 
reef fish and paragraph (m)(3) of this section for a limited exception 
to the earned income requirement for a permit.
    (vi) South Atlantic snapper-grouper. For a person aboard a vessel to 
be eligible for exemption from the bag limits for South Atlantic 
snapper-grouper in or from the South Atlantic EEZ, to engage in the 
directed fishery for tilefish in the South Atlantic EEZ, to use a 
longline to fish for South Atlantic snapper-grouper in the South 
Atlantic EEZ, or to use a sea bass pot in the South Atlantic EEZ north 
of 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building, 
Cape Canaveral, FL), a commercial vessel permit for South Atlantic 
snapper-grouper must have been issued to the vessel and must be on 
board. A vessel with longline gear and more than 200 lb (90.7 kilograms) 
of tilefish aboard is considered to be in the directed fishery for 
tilefish. It is a rebuttable presumption that a fishing vessel with more 
than 200 lb of tilefish aboard harvested such tilefish in the EEZ. To 
obtain or renew a commercial vessel permit for South Atlantic snapper-
grouper, more than 50 percent of the applicant's earned income must have 
been derived from commercial fishing, that is, sale of fish harvested 
from the applicant's vessels, or from charter or headboat operations; or 
gross sales of fish harvested from the owner's, operator's, 
corporation's, or partnership's vessels must have been greater than 
$20,000, during one of the 3 calendar years preceding the application.
    (vii) Wreckfish. For a person aboard a vessel to fish for wreckfish 
in the South Atlantic EEZ, possess wreckfish in or from the South 
Atlantic EEZ, offload wreckfish from the South Atlantic EEZ, or sell 
wreckfish in or from the South Atlantic EEZ, a commercial vessel permit 
for wreckfish must have been issued to the vessel and must be on board. 
To obtain a commercial vessel permit for wreckfish, the applicant must 
be a wreckfish shareholder; and either the shareholder must be the 
vessel owner or the owner or operator must be an employee, contractor, 
or agent of the shareholder. (See Sec. 622.15

[[Page 74]]

for information on wreckfish shareholders.)
    (viii) South Atlantic rock shrimp. For a person aboard a vessel to 
fish for rock shrimp in the South Atlantic EEZ or possess rock shrimp in 
or from the South Atlantic EEZ, a commercial vessel permit for rock 
shrimp must be issued to the vessel and must be on board.
    (ix) Gulf red snapper. Effective through December 31, 1997, as a 
prerequisite for exemption from the trip limit for red snapper specified 
in Sec. 622.44(e)(1), a commercial vessel permit for Gulf reef fish with 
a red snapper endorsement must have been issued to the vessel and must 
be on board.
    (3) Coral permits--(i) Allowable chemical. For an individual to take 
or possess fish or other marine organisms with an allowable chemical in 
a coral area, other than fish or other marine organisms that are landed 
in Florida, a Federal allowable chemical permit must have been issued to 
the individual. Such permit must be available when the permitted 
activity is being conducted and when such fish or other marine organisms 
are possessed, through landing ashore.
    (ii) Allowable octocoral. For an individual to take or possess 
allowable octocoral in the Gulf or South Atlantic EEZ, other than 
allowable octocoral that is landed in Florida, a Federal allowable 
octocoral permit must have been issued to the individual. Such permit 
must be available for inspection when the permitted activity is being 
conducted and when allowable octocoral is possessed, through landing 
ashore.
    (iii) Aquacultured live rock. For a person to take or possess 
aquacultured live rock in the Gulf or South Atlantic EEZ, a Federal 
aquacultured live rock permit must have been issued for the specific 
harvest site. Such permit, or a copy, must be on board a vessel 
depositing or possessing material on an aquacultured live rock site or 
harvesting or possessing live rock from an aquacultured live rock site.
    (iv) Prohibited coral. A Federal permit may be issued to take or 
possess Gulf and South Atlantic prohibited coral or Caribbean prohibited 
coral only as scientific research activity, exempted fishing, or 
exempted educational activity. See Sec. 600.745 of this chapter for the 
procedures and limitations for such activities and fishing.
    (v) Florida permits. Appropriate Florida permits and endorsements 
are required for the following activities, without regard to whether 
they involve activities in the EEZ or Florida's waters:
    (A) Landing in Florida fish or other marine organisms taken with an 
allowable chemical in a coral area.
    (B) Landing allowable octocoral in Florida.
    (C) Landing live rock in Florida.
    (vi) Wild live rock permits. A Federal permit is required for a 
vessel to take or possess wild live rock in or from the Gulf EEZ. To be 
eligible for a wild live rock vessel permit, the current owner of the 
vessel for which the permit is requested must have had the required 
Florida permit and endorsements for live rock on or before February 3, 
1994, and a record of landings of live rock on or before February 3, 
1994, as documented on trip tickets received by the Florida Department 
of Environmental Protection before March 15, 1994. For landings other 
than in Florida, equivalent state permits/endorsements, if required, and 
landing records may be substituted for the Florida permits/endorsements 
and trip tickets. An owner will not be issued permits in numbers 
exceeding the number of vessels for which the owning entity had the 
requisite reported landings. An owner of a permitted vessel may transfer 
the vessel permit to another vessel owned by the same person by 
returning the existing permit with an application for a vessel permit 
for the replacement vessel. No wild live rock vessel permits will be 
issued after the quota for wild live rock in the Gulf, as specified in 
Sec. 622.42(b)(2), is reached or after December 31, 1996.
    (4) Dealer permits.  For a dealer to receive Gulf reef fish, golden 
crab harvested from the South Atlantic EEZ, South Atlantic snapper-
grouper, rock shrimp harvested from the South Atlantic EEZ, or 
wreckfish, a dealer permit for Gulf reef fish, golden crab, South 
Atlantic snapper-grouper, rock shrimp, or wreckfish, respectively, must 
be issued to the dealer. To obtain

[[Page 75]]

a dealer permit, the applicant must have a valid state wholesaler's 
license in the state(s) where the dealer operates, if required by such 
state(s), and must have a physical facility at a fixed location in such 
state(s).
    (b) Applications for permits. Application forms for all permits are 
available from the RD. Completed application forms and all required 
supporting documents must be submitted to the RD at least 30 days prior 
to the date on which the applicant desires to have the permit made 
effective. All vessel permits are mailed to owners, whether the 
applicant is an owner or an operator.
    (1) Coral permits. (i) The applicant for a coral permit must be the 
individual who will be conducting the activity that requires the permit. 
In the case of a corporation or partnership that will be conducting live 
rock aquaculture activity, the applicant must be the principal 
shareholder or a general partner.
    (ii) An applicant must provide the following:
    (A) Name, address, telephone number, and other identifying 
information of the applicant.
    (B) Name and address of any affiliated company, institution, or 
organization.
    (C) Information concerning vessels, harvesting gear/methods, or 
fishing areas, as specified on the application form.
    (D) Any other information that may be necessary for the issuance or 
administration of the permit.
    (E) If applying for an aquacultured live rock permit, identification 
of each vessel that will be depositing material on or harvesting 
aquacultured live rock from the proposed aquacultured live rock site, 
specification of the port of landing of aquacultured live rock, and a 
site evaluation report prepared pursuant to generally accepted industry 
standards that--
    (1) Provides accurate coordinates of the proposed harvesting site so 
that it can be located using LORAN or Global Positioning System 
equipment;
    (2) Shows the site on a chart in sufficient detail to determine its 
size and allow for site inspection;
    (3) Discusses possible hazards to safe navigation or hindrance to 
vessel traffic, traditional fishing operations, or other public access 
that may result from aquacultured live rock at the site;
    (4) Describes the naturally occurring bottom habitat at the site; 
and
    (5) Specifies the type and origin of material to be deposited on the 
site and how it will be distinguishable from the naturally occurring 
substrate.
    (2) Dealer permits. (i) The application for a dealer permit must be 
submitted by the owner (in the case of a corporation, an officer or 
shareholder; in the case of a partnership, a general partner).
    (ii) An applicant must provide the following:
    (A) A copy of each state wholesaler's license held by the dealer.
    (B) Name, address, telephone number, date the business was formed, 
and other identifying information of the business.
    (C) The address of each physical facility at a fixed location where 
the business receives fish.
    (D) Name, address, telephone number, other identifying information, 
and official capacity in the business of the applicant.
    (E) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (3) Vessel permits. (i) The application for a commercial vessel 
permit, other than for wreckfish, or for a charter vessel/headboat 
permit must be submitted by the owner (in the case of a corporation, an 
officer or shareholder; in the case of a partnership, a general partner) 
or operator of the vessel. A commercial vessel permit that is issued 
based on the earned income qualification of an operator is valid only 
when that person is the operator of the vessel. The applicant for a 
commercial vessel permit for wreckfish must be a wreckfish shareholder.
    (ii) An applicant must provide the following:
    (A) A copy of the vessel's valid USCG certificate of documentation 
or, if not documented, a copy of its valid state registration 
certificate.
    (B) Vessel name and official number.
    (C) Name, address, telephone number, and other identifying 
information of

[[Page 76]]

the vessel owner and of the applicant, if other than the owner.
    (D) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, as 
specified on the application form.
    (E) Any other information that may be necessary for the issuance or 
administration of the permit, as specified on the application form.
    (F) If applying for a commercial vessel permit, documentation, as 
specified in the instructions accompanying each application form, 
showing that applicable eligibility requirements of paragraph (a)(2) of 
this section have been met.
    (G) If a fish trap or sea bass pot will be used, the number, 
dimensions, and estimated cubic volume of the traps/pots that will be 
used and the applicant's desired color code for use in identifying his 
or her vessel and buoys (white is not an acceptable color code).
    (c) Change in application information. The owner or operator of a 
vessel with a permit or a dealer with a permit must notify the RD within 
30 days after any change in the application information specified in 
paragraph (b) of this section. The permit is void if any change in the 
information is not reported within 30 days.
    (d) Fees.  A fee is charged for each permit application submitted 
under paragraph (b) of this section or under Sec. 622.17(d) and for each 
fish trap or sea bass pot identification tag required under 
Sec. 622.6(b)(1)(i). The amount of each fee is calculated in accordance 
with the procedures of the NOAA Finance Handbook, available from the RD, 
for determining the administrative costs of each special product or 
service. The fee may not exceed such costs and is specified with each 
application form. The appropriate fee must accompany each application or 
request for fish trap/sea bass pot identification tags.
    (e) Initial issuance. (1) The RD will issue an initial permit at any 
time to an applicant if the application is complete and the specific 
requirements for the requested permit have been met. An application is 
complete when all requested forms, information, and documentation have 
been received.
    (2) Upon receipt of an incomplete application, the RD will notify 
the applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 days of the date of the RD's letter of 
notification, the application will be considered abandoned.
    (f) Duration. A permit remains valid for the period specified on it 
unless it is revoked, suspended, or modified pursuant to subpart D of 15 
CFR part 904 or the vessel or dealership is sold.
    (g) Transfer. A vessel permit or endorsement or dealer permit issued 
under this section is not transferable or assignable, except as provided 
in paragraph (m) of this section for a commercial vessel permit for Gulf 
reef fish or as provided in paragraph (n) of this section for a fish 
trap endorsement. A person who acquires a vessel or dealership who 
desires to conduct activities for which a permit or endorsement is 
required must apply for a permit or endorsement in accordance with the 
provisions of this section. If the acquired vessel or dealership is 
currently permitted, the application must be accompanied by the original 
permit and a copy of a signed bill of sale or equivalent acquisition 
papers.
    (h) Renewal. Although a permit required by this section is issued on 
an annual basis, an application for permit renewal is required only 
every 2 years. In the interim years, a permit is renewed automatically 
(without application) for a vessel owner or dealer who has met the 
specific requirements for the requested permit, who has submitted all 
reports required under the Magnuson Act, and who is not subject to a 
permit sanction or denial under paragraph (j) of this section. An owner 
or dealer whose permit is expiring will be mailed a notification by the 
RD approximately 2 months prior to expiration of the current permit. 
That notification will advise the status of the renewal of the permit. 
That is, the notification will advise that the renewed permit will be 
issued without further action by the owner or dealer, that the permit is 
not eligible for automatic renewal, or that a new application is 
required. A notification that a permit is not eligible for automatic 
renewal will specify the reasons and will provide an

[[Page 77]]

opportunity for correction of any deficiencies. A notification that a 
new application is required will include a preprinted renewal 
application. An automatically renewed permit will be mailed by the RD 
approximately 1 month prior to expiration of the old permit. A vessel 
owner or dealer who does not receive a notification of status of renewal 
of a permit by 45 days prior to expiration of the current permit must 
contact the RD.
    (i) Display. A vessel permit or endorsement issued under this 
section must be carried on board the vessel. A dealer permit issued 
under this section, or a copy thereof, must be available on the dealer's 
premises. In addition, a copy of the dealer's permit must accompany each 
vehicle that is used to pick up from a fishing vessel reef fish 
harvested from the Gulf EEZ. The operator of a vessel must present the 
permit or endorsement for inspection upon the request of an authorized 
officer. A dealer or a vehicle operator must present the permit or a 
copy for inspection upon the request of an authorized officer.
    (j) Sanctions and denials. A permit or endorsement issued pursuant 
to this section may be revoked, suspended, or modified, and a permit or 
endorsement application may be denied, in accordance with the procedures 
governing enforcement-related permit sanctions and denials found at 
subpart D of 15 CFR part 904.
    (k) Alteration. A permit that is altered, erased, or mutilated is 
invalid.
    (l) Replacement. A replacement permit or endorsement may be issued. 
An application for a replacement permit or endorsement will not be 
considered a new application. A fee, the amount of which is stated with 
the application form, must accompany each request for a replacement.
    (m) Moratorium on commercial vessel permits for Gulf reef fish. This 
paragraph (m) is effective through December 31, 2000.
    (1) Except for an application for renewal of an existing commercial 
vessel permit for Gulf reef fish, or as provided in paragraphs (m)(2) 
and (3) of this section, no applications for such commercial vessel 
permits will be accepted.
    (2) An owner of a permitted vessel may transfer the commercial 
vessel permit for Gulf reef fish to another vessel owned by the same 
entity by returning the existing permit to the RD with an application 
for a commercial vessel permit for the replacement vessel.
    (3) An owner whose earned income qualified for the commercial vessel 
permit for Gulf reef fish may transfer that permit to the owner of 
another vessel or to the new owner when he or she sells the permitted 
vessel. The owner of a vessel that is to receive the transferred permit 
must return the existing permit to the RD with an application for a 
commercial vessel permit for Gulf reef fish for his or her vessel. Such 
new owner may receive a commercial vessel permit for Gulf reef fish for 
that vessel, and renew it for the first calendar year after obtaining 
it, without meeting the earned income requirement of paragraph (a)(2)(v) 
of this section. However, to renew the commercial vessel permit for the 
second calendar year after the transfer, the new owner must meet that 
earned income requirement not later than the first calendar year after 
the permit transfer takes place.
    (4) A commercial vessel permit for Gulf reef fish that is not 
renewed or that is revoked will not be reissued. A permit is considered 
to be not renewed when an application for renewal is not received by the 
RD within 1 year of the expiration date of the permit.
    (n) Moratorium on endorsements for fish traps in the Gulf. The 
provisions of this paragraph (n) are effective through February 7, 1997.
    (1) A fish trap endorsement will not be issued or renewed unless the 
current owner of the commercially permitted vessel for which the 
endorsement is requested has a record of landings of Gulf reef fish from 
fish traps in the Gulf EEZ during 1991 or 1992, as reported on fishing 
vessel logbooks received by the SRD on or before November 19, 1992. An 
owner will not be issued fish trap endorsements for vessels in numbers 
exceeding the number of vessels for which the owning entity had the 
requisite reported landings in 1991 or 1992.
    (2) An owner of a vessel with a fish trap endorsement may transfer 
the endorsement to another vessel owned by

[[Page 78]]

the same entity by returning the existing endorsement with an 
application for an endorsement for the replacement vessel.
    (3) A fish trap endorsement is not transferable upon change of 
ownership of a vessel with such endorsement, except as follows:
    (i) Such endorsement is transferable when the change of ownership of 
the permitted vessel is from one to another of the following: Husband, 
wife, son, daughter, brother, sister, mother, or father.
    (ii) In the event that a vessel with a fish trap endorsement has a 
change of ownership that is directly related to the disability or death 
of the owner, the RD may issue such endorsement, temporarily or 
permanently, with the commercial vessel permit for Gulf reef fish that 
is issued for the vessel under the new owner. Such new owner will be the 
person specified by the owner or his/her legal guardian, in the case of 
a disabled owner, or by the will or executor/administrator of the 
estate, in the case of a deceased owner. (Change of ownership of a 
vessel with a commercial vessel permit for Gulf reef fish upon 
disability or death of an owner is considered a purchase of a permitted 
vessel and paragraph (m)(3) of this section applies regarding a 
commercial vessel permit for Gulf reef fish for the vessel under the new 
owner.)
    (4) A fish trap endorsement in effect on September 12, 1995, may be 
transferred to a vessel with a commercial vessel permit for Gulf reef 
fish whose owner has a record of landings of reef fish from fish traps 
in the Gulf EEZ, as reported on fishing vessel logbooks received by the 
SRD from November 20, 1992, through February 6, 1994, and who was unable 
to obtain a fish trap endorsement for such vessel under paragraph (n)(1) 
of this section. The owner of a vessel that is to receive the 
transferred endorsement must return the currently endorsed commercial 
vessel permit for Gulf reef fish and the unendorsed permit to the RD 
with an application for a fish trap endorsement for his or her vessel. 
Revised commercial vessel permits will be returned to each owner.
    (5) If a fish trap endorsement is transferred under paragraph (n)(3) 
or (4) of this section, the owner of the vessel to which the endorsement 
is transferred may renew the endorsement without regard to the 
requirement of paragraph (n)(1) of this section regarding a record of 
landing of Gulf reef fish from fish traps.
    (6) A fish trap endorsement that is not renewed or that is revoked 
will not be reissued. Such endorsement is considered to be not renewed 
when an application for renewal is not received by the RD within 1 year 
of the expiration date of the permit.
    (o) Endorsements for the use of gillnets for king and Spanish 
mackerel in the Florida west coast subzone. Other paragraphs of this 
section notwithstanding--
    (1) An owner of a vessel that has a commercial vessel permit for 
king and Spanish mackerel may add or delete a gillnet endorsement on a 
permit by returning to the RD the vessel's existing permit with a 
written request for addition or deletion of the gillnet endorsement. 
Such request must be postmarked or hand delivered during June, each 
year.
    (2) A gillnet endorsement may not be added or deleted from July 1 
through May 31 each year, any renewal of the permit during that period 
notwithstanding. From July 1 through May 31, a permitted vessel that is 
sold, if permitted by the new owner for king and Spanish mackerel, will 
receive a permit with or without the gillnet endorsement as was the case 
for the vessel under the previous owner. From July 1 through May 31, the 
initial commercial vessel permit for king and Spanish mackerel issued 
for a vessel new to the fishery will be issued without a gillnet 
endorsement.
    (p) Gulf red snapper endorsements. This paragraph (p) is effective 
through December 31, 1997.
    (1) Based on documented historical red snapper landings from the 
Gulf of 5,000 lb (2,269 kg), round weight, or its equivalent in 
eviscerated weight, per year in 2 of the years 1990, 1991, and 1992, 
Gulf red snapper endorsements have been issued for vessels that have 
commercial permits for Gulf reef fish. In cases where a red snapper 
endorsement is issued based on the qualifications of an operator, the 
validity of

[[Page 79]]

that endorsement is conditioned on that named operator being aboard and 
in charge of the permitted vessel.
    (2) A Gulf red snapper endorsement is invalid upon sale of the 
vessel; however, an owner of a vessel with a red snapper endorsement may 
transfer the endorsement to another vessel owned by the same entity by 
returning the existing endorsement with an application for an 
endorsement for the replacement vessel.
    (3) Paragraph (p)(2) of this section notwithstanding--
    (i) In the event that a vessel with a Gulf red snapper endorsement 
has a change of ownership that is directly related to the disability or 
death of the owner, the RD may issue a red snapper endorsement, 
temporarily or permanently, with the commercial permit for Gulf reef 
fish that is issued for the vessel under the new owner. Such new owner 
will be the person specified by the owner or his/her legal guardian, in 
the case of a disabled owner, or by the will or executor/administrator 
of the estate, in the case of a deceased owner. (Change of ownership of 
a vessel with a commercial vessel permit for Gulf reef fish upon 
disability or death of an owner is considered a purchase of a permitted 
vessel and paragraph (m)(3) of this section applies regarding a 
commercial vessel permit for Gulf reef fish for the vessel under the new 
owner.)
    (ii) In the event of the disability or death of an operator whose 
presence aboard a vessel is a condition for the validity of a Gulf red 
snapper endorsement, the RD may revise and reissue an endorsement, 
temporarily or permanently, to the permitted vessel. Such revised 
endorsement will contain the name of a substitute operator specified by 
the operator or his/her legal guardian, in the case of a disabled 
operator, or by the will or executor/administrator of the estate, in the 
case of a deceased operator. As was the case with the replaced 
endorsement, the presence of the substitute operator aboard and in 
charge of the vessel is a condition for the validity of the revised 
endorsement. Such revised endorsement will be reissued only with the 
concurrence of the vessel owner.

[61 FR 34937, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 47448, Sept 9, 1996; 61 FR 48414, Sept. 13, 1996]

    Effective Date Notes: 1. At 61 FR 43956, Aug. 27, 1996, Sec. 622.4 
was amended by revising the first sentence of paragraph (a)(4), 
effective Oct. 28, 1996. For the convenience of the user, the superseded 
text is set forth as follows:
Sec. 622.4  Permits and fees.
    (a) * * *
    (4) * * * For a dealer to receive Gulf reef fish, South Atlantic 
snapper-grouper, or wreckfish harvested from the Gulf or South Atlantic 
EEZ, a dealer permit for Gulf reef fish, South Atlantic snapper-grouper, 
or wreckfish, respectively, must have been issued to the dealer. * * *

                                * * * * *

    2. At 61 FR 47448, Sept. 9, 1996, in Sec. 622.4, paragraph 
(a)(2)(viii) was added and the first sentence of paragraph (a)(4) was 
revised effective November 1, 1996. For the convenience of the user, the 
text in effect from Oct. 28, 1996 to Oct 31, 1996 is set forth as 
follows:
Sec. 622.4  Permits and fees.
    (a) * * *
    (4) * * * For a dealer to receive Gulf reef fish, golden crab 
harvested from the South Atlantic EEZ, South Atlantic snapper-grouper, 
or wreckfish, a dealer permit for Gulf reef fish, golden crab, South 
Atlantic snapper-grouper, or wreckfish, respectively, must be issued to 
the dealer. * * *



Sec. 622.5  Recordkeeping and reporting.

    Participants in fisheries governed in this part are required to keep 
records and report as follows.
    (a) Commercial vessel owners and operators--(1) Requirements by 
species--(i) Coastal migratory pelagic fish. The owner or operator of a 
vessel that fishes for or lands coastal migratory pelagic fish for sale 
in or from the Gulf or South Atlantic EEZ or adjoining state waters, or 
whose vessel is issued a commercial permit for king and Spanish 
mackerel, as required under Sec. 622.4(a)(2)(iv), who is selected to 
report by the SRD must maintain a fishing record on a form available 
from the SRD and must submit such record as specified in paragraph 
(a)(2) of this section.

[[Page 80]]

    (ii) Gulf reef fish. The owner or operator of a vessel for which a 
commercial permit for Gulf reef fish has been issued, as required under 
Sec. 622.4(a)(2)(v), or whose vessel fishes for or lands reef fish in or 
from state waters adjoining the Gulf EEZ, who is selected to report by 
the SRD must maintain a fishing record on a form available from the SRD 
and must submit such record as specified in paragraph (a)(2) of this 
section.
    (iii) Gulf shrimp. The owner or operator of a vessel that fishes for 
shrimp in the Gulf EEZ or in adjoining state waters, or that lands 
shrimp in an adjoining state, must provide information for any fishing 
trip, as requested by the SRD, including, but not limited to, vessel 
identification, gear, effort, amount of shrimp caught by species, shrimp 
condition (heads on/heads off), fishing areas and depths, and person to 
whom sold.
    (iv) South Atlantic snapper-grouper. (A) The owner or operator of a 
vessel for which a commercial permit for South Atlantic snapper-grouper 
has been issued, as required under Sec. 622.4(a)(2)(vi), or whose vessel 
fishes for or lands South Atlantic snapper-grouper in or from state 
waters adjoining the South Atlantic EEZ, who is selected to report by 
the SRD must maintain a fishing record on a form available from the SRD 
and must submit such record as specified in paragraph (a)(2) of this 
section.
    (v) South Atlantic golden crab. The owner or operator of a vessel 
for which a commercial permit for golden crab has been issued, as 
required under Sec. 622.17(a), who is selected to report by the SRD must 
maintain a fishing record on a form available from the SRD.
    (B) The wreckfish shareholder under Sec. 622.15, or operator of a 
vessel for which a commercial permit for wreckfish has been issued, as 
required under Sec. 622.4(a)(2)(vii), must maintain a fishing record on 
a form available from the SRD and must submit such record as specified 
in paragraph (a)(2) of this section.
    (C) The wreckfish shareholder under Sec. 622.15, or operator of a 
vessel for which a commercial permit for wreckfish has been issued, as 
required under Sec. 622.4(a)(2)(vii), must make available to an 
authorized officer upon request all records of offloadings, purchases, 
or sales of wreckfish.
    (2) Reporting deadlines. (i) Completed fishing records required by 
paragraphs (a)(1)(i), (ii), and (iv) of this section must be submitted 
to the SRD postmarked not later than 7 days after the end of each 
fishing trip. If no fishing occurred during a calendar month, a report 
so stating must be submitted on one of the forms postmarked not later 
than 7 days after the end of that month. Information to be reported is 
indicated on the form and its accompanying instructions.
    (ii) Reporting forms required in paragraph (a)(1)(v) of this section 
must be submitted to the SRD postmarked not later than 30 days after 
sale of the golden crab offloaded from a trip. If no fishing occurred 
during a calendar month, a report so stating must be submitted on one of 
the forms postmarked not later than 7 days after the end of that month. 
Information to be reported is indicated on the form and its accompanying 
instructions.
    (b) Charter vessel/headboat owners and operators--(1) Coastal 
migratory pelagic fish, reef fish, and snapper-grouper. The owner or 
operator of a vessel for which a charter vessel/headboat permit for 
coastal migratory pelagic fish, Gulf reef fish, or South Atlantic 
snapper-grouper has been issued, as required under Sec. 622.4(a)(1), or 
whose vessel fishes for or lands such coastal migratory pelagic fish, 
reef fish, or snapper-grouper in or from state waters adjoining the Gulf 
or South Atlantic EEZ, who is selected to report by the SRD must 
maintain a fishing record for each trip, or a portion of such trips as 
specified by the SRD, on forms provided by the SRD and must submit such 
record as specified in paragraph (b)(2) of this section.
    (2) Reporting deadlines--(i) Charter vessels. Completed fishing 
records required by paragraph (b)(1) of this section for charter vessels 
must be submitted to the SRD weekly, postmarked not later than 7 days 
after the end of each week (Sunday). Information to be reported is 
indicated on the form and its accompanying instructions.

[[Page 81]]

    (ii) Headboats. Completed fishing records required by paragraph 
(b)(1) of this section for headboats must be submitted to the SRD 
monthly and must either be made available to an authorized statistical 
reporting agent or be postmarked not later than 7 days after the end of 
each month. Information to be reported is indicated on the form and its 
accompanying instructions.
    (c) Dealers--(1) Coastal migratory pelagic fish. (i) A person who 
purchases coastal migratory pelagic fish from a fishing vessel, or 
person, that fishes for or lands such fish in or from the EEZ or 
adjoining state waters who is selected to report by the SRD must submit 
information on forms provided by the SRD. This information must be 
submitted to the SRD at monthly intervals, postmarked not later than 5 
days after the end of each month. Reporting frequency and reporting 
deadlines may be modified upon notification by the SRD. If no coastal 
migratory pelagic fish were received during a calendar month, a report 
so stating must be submitted on one of the forms, in accordance with the 
instructions on the form, and must be postmarked not later than 5 days 
after the end of the month. The information to be reported is as 
follows:
    (A) Dealer's or processor's name and address.
    (B) County where fish were landed.
    (C) Total poundage of each species received during that month, or 
other requested interval.
    (D) Average monthly price paid for each species.
    (E) Proportion of total poundage landed by each gear type.
    (ii) Alternate SRD. For the purposes of paragraph (c)(1)(i) of this 
section, in the states from New York through Virginia, or in the waters 
off those states, ``SRD'' means the Science and Research Director, 
Northeast Fisheries Science Center, NMFS (see Table 1 of Sec. 600.502 of 
this chapter), or a designee.
    (2) Gulf red drum. A dealers or processor who purchases red drum 
harvested from the Gulf who is selected to report by the SRD must report 
to the SRD such information as the SRD may request and in the form and 
manner as the SRD may require. The information required to be submitted 
must include, but is not limited to, the following:
    (i) Dealer's or processor's name and address.
    (ii) State and county where red drum were landed.
    (iii) Total poundage of red drum received during the reporting 
period, by each type of gear used for harvest.
    (3) Gulf reef fish. A person who purchases Gulf reef fish from a 
fishing vessel, or person, that fishes for or lands such fish in or from 
the EEZ or adjoining state waters must maintain records and submit 
information as follows:
    (i) A dealer must maintain at his/her principal place of business a 
record of Gulf reef fish that he/she receives. The record must contain 
the name of each fishing vessel from which reef fish were received and 
the date, species, and quantity of each receipt. A dealer must retain 
such record for at least 1 year after receipt date and must provide such 
record for inspection upon the request of an authorized officer or the 
SRD.
    (ii) When requested by the SRD, a dealer must provide information 
from his/her record of Gulf reef fish received the total poundage of 
each species received during the month, average monthly price paid for 
each species by market size, and proportion of total poundage landed by 
each gear type. This information must be provided on forms available 
from the SRD and must be submitted to the SRD at monthly intervals, 
postmarked not later than 5 days after the end of the month. Reporting 
frequency and reporting deadlines may be modified upon notification by 
the SRD. If no reef fish were received during a calendar month, a report 
so stating must be submitted on one of the forms, postmarked not later 
than 5 days after the end of the month.
    (iii) The operator of a car or truck that is used to pick up from a 
fishing vessel reef fish harvested from the Gulf must maintain a record 
containing the name of each fishing vessel from which reef fish on the 
car or truck have been received. The vehicle operator must provide such 
record for inspection upon the request of an authorized officer.
    (4) Gulf shrimp. A person who purchases shrimp from a vessel, or 
person,

[[Page 82]]

that fishes for shrimp in the Gulf EEZ or in adjoining state waters, or 
that lands shrimp in an adjoining state, must provide the following 
information when requested by the SRD:
    (i) Name and official number of the vessel from which shrimp were 
received or the name of the person from whom shrimp were received, if 
received from other than a vessel.
    (ii) Amount of shrimp received by species and size category for each 
receipt.
    (iii) Exvessel value, by species and size category, for each 
receipt.
    (5) South Atlantic snapper-grouper. (i) A person who purchases South 
Atlantic snapper-grouper that were harvested from the EEZ or from 
adjoining state waters and who is selected to report by the SRD and a 
dealer who has been issued a dealer permit for wreckfish, as required 
under Sec. 622.4(a)(4), must provide information on receipts of South 
Atlantic snapper-grouper and prices paid, by species, on forms available 
from the SRD. The required information must be submitted to the SRD at 
monthly intervals, postmarked not later than 5 days after the end of the 
month. Reporting frequency and reporting deadlines may be modified upon 
notification by the SRD. If no South Atlantic snapper-grouper were 
received during a calendar month, a report so stating must be submitted 
on one of the forms, postmarked not later than 5 days after the end of 
the month. However, during complete months encompassed by the wreckfish 
spawning-season closure (that is, February and March), a wreckfish 
dealer is not required to submit a report stating that no wreckfish were 
received.
    (ii) A dealer reporting South Atlantic snapper-grouper other than 
wreckfish may submit the information required in paragraph (c)(5)(i) of 
this section via facsimile (fax).
    (iii) A dealer who has been issued a dealer permit for wreckfish, as 
required under Sec. 622.4(a)(4), must make available to an authorized 
officer upon request all records of offloadings, purchases, or sales of 
wreckfish.
    (6) South Atlantic golden crab. A dealer who receives from a fishing 
vessel golden crab harvested from the South Atlantic EEZ and who is 
selected by the SRD must provide information on receipts of, and prices 
paid for, South Atlantic golden crab to the SRD at monthly intervals, 
postmarked not later than 5 days after the end of each month. Reporting 
frequency and reporting deadlines may be modified upon notification by 
the SRD.
    (7) South Atlantic rock shrimp. (i) A dealer who has been issued a 
permit for rock shrimp, as required under Sec. 622.4(a)(4), and who is 
selected by the SRD must provide information on receipts of rock shrimp 
and prices paid on forms available from the SRD. The required 
information must be submitted to the SRD at monthly intervals postmarked 
not later than 5 days after the end of each month. Reporting frequencies 
and reporting deadlines may be modified upon notification by the SRD.
    (ii) On demand, a dealer who has been issued a dealer permit for 
rock shrimp, as required under Sec. 622.4(a)(4), must make available to 
an authorized officer all records of offloadings, purchases, or sales of 
rock shrimp.
    (d) Individuals with coral or live rock permits. (1) An individual 
with a Federal allowable octocoral permit must submit a report of 
harvest to the SRD. Specific reporting requirements will be provided 
with the permit.
    (2) A person with a Federal aquacultured live rock permit must 
report to the RD each deposition of material on a site. Such reports 
must be postmarked not later than 7 days after deposition and must 
contain the following information:
    (i) Permit number of site and date of deposit.
    (ii) Geological origin of material deposited.
    (iii) Amount of material deposited.
    (iv) Source of material deposited, that is, where obtained, if 
removed from another habitat, or from whom purchased.
    (3) A person who takes aquacultured live rock must submit a report 
of harvest to the RD. Specific reporting requirements will be provided 
with the permit. This reporting requirement is waived for aquacultured 
live rock that is landed in Florida.

[[Page 83]]

    (e) Additional data and inspection. Additional data will be 
collected by authorized statistical reporting agents and by authorized 
officers. A person who fishes for or possesses species in or from the 
EEZ governed in this part is required to make the applicable fish or 
parts thereof available for inspection by the SRD or an authorized 
officer upon request.
    (f) Commercial vessel, charter vessel, and headboat inventory. The 
owner or operator of a commercial vessel, charter vessel, or headboat 
operating in a fishery governed in this part who is not selected to 
report by the SRD under paragraph (a) or (b) of this section must 
provide the following information when interviewed by the SRD:
    (1) Name and official number of vessel and permit number, if 
applicable.
    (2) Length and tonnage.
    (3) Current home port.
    (4) Fishing areas.
    (5) Ports where fish were offloaded during the last year.
    (6) Type and quantity of gear.
    (7) Number of full- and part-time fishermen or crew members.

[61 FR 34940, July 3, 1996, as amended at 61 FR 43956, Aug. 27, 1996; 61 
FR 47448, Sept. 9, 1996]

    Effective Date Notes: 1. At 61 FR 43956, Aug. 27, 1996, Sec. 622.5 
was amended by redesignating the text of paragraph (a)(2) as paragraph 
(a)(2)(i); the heading of paragraph (a)(2) was revised; and paragraphs 
(a)(1)(v), (a)(2)(ii), and (c)(6) were added, effective Oct. 28, 1996. 
For the convenience of the user, the superseded text is set forth as 
follows:

Sec. 622.5  Recordkeeping and reporting.
    (a) * * *
    (2) Reporting deadline. * * *

                                * * * * *

    2. At 61 FR 47448, Sept. 9, 1996, Sec. 622.5 was amended by adding 
paragraph (c)(7), effective Nov. 1, 1996.



Sec. 622.6  Vessel and gear identification.

    (a) Vessel identification--(1) Applicability--(i) Official number. A 
vessel for which a permit has been issued under Sec. 622.4 or 
Sec. 622.17, and a vessel that fishes for or possesses shrimp in the 
Gulf EEZ, must display its official number--
    (A) On the port and starboard sides of the deckhouse or hull and, 
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so 
as to be clearly visible from an enforcement vessel or aircraft.
    (B) In block arabic numerals permanently affixed to or painted on 
the vessel in contrasting color to the background.
    (C) At least 18 inches (45.7 cm) in height for vessels over 65 ft 
(19.8 m) long; at least 10 inches (25.4 cm) in height for vessels over 
25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in height for vessels 
25 ft (7.6 m) long or less.
    (ii) Official number and color code. The following vessels must 
display their official number as specified in paragraph (a)(1)(i) of 
this section and, in addition, must display their assigned color code: A 
vessel for which a fish trap endorsement has been issued, as required 
under Sec. 622.4(a)(2)(i); a vessel for which a permit has been issued 
to fish with a sea bass pot, as required under Sec. 622.4(a)(2)(vi); a 
vessel in the commercial Caribbean reef fish fishery fishing with traps; 
and a vessel in the Caribbean spiny lobster fishery. Color codes 
required for the Caribbean reef fish fishery and Caribbean spiny lobster 
fishery are assigned by Puerto Rico or the U.S. Virgin Islands, 
whichever is applicable; color codes required in all other fisheries are 
assigned by the RD. The color code must be displayed--
    (A) On the port and starboard sides of the deckhouse or hull and, 
for vessels over 25 ft (7.6 m) long, on an appropriate weather deck, so 
as to be clearly visible from an enforcement vessel or aircraft.
    (B) In the form of a circle permanently affixed to or painted on the 
vessel.
    (C) At least 18 inches (45.7 cm) in diameter for vessels over 65 ft 
(19.8 m) long; at least 10 inches (25.4 cm) in diameter for vessels over 
25 ft (7.6 m) long; and at least 3 inches (7.6 cm) in diameter for 
vessels 25 ft (7.6 m) long or less.
    (2) Duties of operator. The operator of a vessel specified in 
paragraph (a)(1) of this section must keep the official number and the 
color code, if applicable, clearly legible and in good repair

[[Page 84]]

and must ensure that no part of the fishing vessel, its rigging, fishing 
gear, or any other material on board obstructs the view of the official 
number or the color code, if applicable, from an enforcement vessel or 
aircraft.
    (b) Gear identification--(1) Traps or pots--(i) Caribbean EEZ. A 
fish trap or spiny lobster trap used or possessed in the Caribbean EEZ 
must display the official number specified for the vessel by Puerto Rico 
or the U.S. Virgin Islands so as to be easily identified.
    (ii) Gulf and South Atlantic EEZ. A fish trap used or possessed in 
the Gulf EEZ and a sea bass pot used or possessed in the South Atlantic 
EEZ, or a fish trap or sea bass pot on board a vessel with a commercial 
permit for Gulf reef fish or South Atlantic snapper-grouper, must have a 
valid identification tag issued by the RD attached. A golden crab trap 
used or possessed in the South Atlantic EEZ or on board a vessel with a 
commercial permit for golden crab must have the commercial vessel permit 
number permanently affixed so as to be easily distinguished, located, 
and identified; an identification tag issued by the RD may be used for 
this purpose but is not required.
    (2) Buoys. A buoy must display the assigned number and color code so 
as to be easily distinguished, located, and identified as follows--
    (i) Caribbean EEZ. Each buoy must display the official number and 
color code specified for the vessel by Puerto Rico or the U.S. Virgin 
Islands, whichever is applicable.
    (ii) Gulf and South Atlantic EEZ. Each buoy must display the number 
and color code assigned by the RD. In the Gulf EEZ, a buoy must be 
attached to each trap, or each end trap if traps are connected by a 
line. In the South Atlantic EEZ, buoys are not required to be used, but, 
if used, each buoy must display the number and color code. However, no 
color code is required on a buoy attached to a golden crab trap.
    (c) Presumption of ownership. A Caribbean spiny lobster trap, a fish 
trap, a golden crab trap, or a sea bass pot in the EEZ will be presumed 
to be the property of the most recently documented owner. This 
presumption will not apply with respect to such traps and pots that are 
lost or sold if the owner reports the loss or sale within 15 days to the 
RD.
    (d) Unmarked traps, pots, or buoys. An unmarked Caribbean spiny 
lobster trap, a fish trap, a golden crab trap, a sea bass pot, or a buoy 
deployed in the EEZ is illegal and may be disposed of in any appropriate 
manner by the Assistant Administrator or an authorized officer.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43957, Aug. 27, 1996]

    Effective Date Note: At 61 FR 43957, Aug. 27, 1996, Sec. 622.6 was 
amended in paragraph (a)(1)(i) introductory text by removing the 
reference ``Sec. 622.4'' and adding the reference ``Sec. 622.4 or 
Sec. 622.17'' in its place; in the first sentence of paragraph (c) and 
in paragraph (d), the phrase ``a golden crab trap,'' is added after ``a 
fish trap,''; a sentence is added at the end of paragraph (b)(1)(ii); 
and a sentence is added at the end of paragraph (b)(2)(ii), effective 
Oct. 28, 1996.



Sec. 622.7  Prohibitions.

    In addition to the general prohibitions in Sec. 600.725 of this 
chapter, it is unlawful for any person to do any of the following:
    (a) Engage in an activity for which a valid Federal permit is 
required under Sec. 622.4 or Sec. 622.17 without such permit.
    (b) Falsify information on a permit application or submitted with 
such application, as specified in Sec. 622.4 (b) or (g) or Sec. 622.17.
    (c) Fail to display a permit or endorsement, as specified in 
Sec. 622.4(i) or Sec. 622.17(g).
    (d) Falsify or fail to maintain, submit, or provide information 
required to be maintained, submitted, or provided, as specified in 
Sec. 622.5 (a) through (f).
    (e) Fail to make a fish, or parts thereof, available for inspection, 
as specified in Sec. 622.5(e).
    (f) Falsify or fail to display and maintain vessel and gear 
identification, as specified in Sec. 622.6 (a) and (b).
    (g) Fail to comply with any requirement or restriction regarding ITQ 
coupons, as specified in Sec. 622.15(c)(3), (c)(5), (c)(6), or (c)(7).
    (h) Possess wreckfish as specified in Sec. 622.15(c)(4), receive 
wreckfish except as specified in Sec. 622.15(c)(7), or offload a 
wreckfish except as specified in Sec. 622.15 (d)(3) and (d)(4).
    (i) Transfer--

[[Page 85]]

    (1) A wreckfish, as specified in Sec. 622.15(d)(1);
    (2) A limited-harvest species, as specified in Sec. 622.32(c) 
introductory text;
    (3) A species/species group subject to a bag limit, as specified 
Sec. 622.39(a)(1);
    (4) South Atlantic snapper-grouper from a vessel with unauthorized 
gear on board, as specified in Sec. 622.41(d)(2)(iii); or
    (5) A species subject to a commercial trip limit, as specified in 
Sec. 622.44.
    (j) Use or possess prohibited gear or methods or possess fish in 
association with possession or use of prohibited gear, as specified in 
Sec. 622.31.
    (k) Fish for, harvest, or possess a prohibited species, or a 
limited-harvest species in excess of its limitation, sell or purchase 
such species, fail to comply with release requirements, or molest or 
strip eggs from a Caribbean spiny lobster, as specified in Sec. 622.32.
    (l) Fish in violation of the prohibitions, restrictions, and 
requirements applicable to seasonal and/or area closures, including but 
not limited to: Prohibition of all fishing, gear restrictions, 
restrictions on take or retention of fish, fish release requirements, 
and restrictions on use of an anchor or grapple, as specified in 
Sec. 622.33, Sec. 622.34, or Sec. 622.35, or as may be specified under 
Sec. 622.46 (b) or (c).
    (m) Harvest, possess, offload, sell, or purchase fish in excess of 
the seasonal harvest limitations, as specified in Sec. 622.36.
    (n) Except as allowed under Sec. 622.37(c) (2) and (3) for king and 
Spanish mackerel, possess undersized fish, fail to release undersized 
fish, or sell or purchase undersized fish, as specified in Sec. 622.37.
    (o) Fail to maintain a fish intact through offloading ashore, as 
specified in Sec. 622.38.
    (p) Exceed a bag or possession limit, as specified in Sec. 622.39.
    (q) Fail to comply with the limitations on traps and pots, including 
but not limited to: Tending requirements, constructions requirements, 
and area specific restrictions, as specified in Sec. 622.40.
    (r) Fail to comply with the species-specific limitations, as 
specified in Sec. 622.41.
    (s) Fail to comply with the restrictions that apply after closure of 
a fishery, as specified in Sec. 622.43.
    (t) Possess on board a vessel or land, purchase, or sell fish in 
excess of the commercial trip limits, as specified in Sec. 622.44.
    (u) Fail to comply with the restrictions on sale/purchase, as 
specified in Sec. 622.45.
    (v) Interfere with fishing or obstruct or damage fishing gear or the 
fishing vessel of another, as specified in Sec. 622.46(a).
    (w) Fail to comply with the requirements for observer coverage as 
specified in Sec. 622.10.
    (x) Assault, resist, oppose, impede, intimidate, or interfere with a 
NMFS-approved observer aboard a vessel.
    (y) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from conducting his or her 
duties aboard a vessel.
    (z) Fish for or possess golden crab in or from a designated fishing 
zone of the South Atlantic EEZ other than the zone for which the vessel 
is permitted, as specified in Sec. 622.17(h).

[61 FR 34934, July 3, 1996, as amended at 61 FR 43957, Aug. 27, 1996; 61 
FR 48415, Sept. 13, 1996]

    Effective Date Note: At 61 FR 43957, Aug. 27, 1996, Sec. 622.7 was 
amended by revising paragraphs (a) and (c) and adding paragraph (z), 
effective Oct. 28, 1996. For the convenience of the user, the superseded 
text is set forth as follows:
Sec. 622.7  Prohibitions.
    (a) Engage in an activity for which a valid Federal permit is 
required under Sec. 622.4 without such permit.

                                * * * * *

    (c) Fail to display a permit or endorsement, as specified in 
Sec. 622.4(i).

                                * * * * *



Sec. 622.8  At-sea observer coverage.

    (a) If a vessel's trip is selected by the SRD for observer coverage, 
the owner or operator of a vessel for which a commercial permit for 
golden crab has been issued, as required under Sec. 622.17(a), must 
carry a NMFS-approved observer.

[[Page 86]]

    (b) When notified in writing by the SRD that his or her vessel has 
been selected to carry an NMFS-approved observer, an owner or operator 
must advise the SRD in writing not less than 5 days in advance of each 
trip of the following:
    (1) Departure information (port, dock, date, and time).
    (2) Expected landing information (port, dock, and date).
    (c) An owner or operator of a vessel on which a NMFS approved 
observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties.
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store golden crab.
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of golden crab for that trip.

[61 FR 43957, Aug. 27, 1996]



                      Subpart B--Effort Limitations



Sec. 622.15  Wreckfish individual transferable quota (ITQ) system.

    The provisions of this section apply to wreckfish in or from the 
South Atlantic EEZ.
    (a) Percentage shares. (1) In accordance with the procedure 
specified in the Fishery Management Plan for the Snapper-Grouper Fishery 
of the South Atlantic Region, percentage shares of the quota for 
wreckfish have been assigned. Each person has been notified by the RD of 
his or her percentage share and shareholder certificate number.
    (2) All or a portion of a person's percentage shares may be 
transferred to another person. Transfer of shares must be reported on a 
form available from the RD. The RD will confirm, in writing, each 
transfer of shares. The effective date of each transfer is the 
confirmation date provided by the RD. The confirmation date will 
normally be not later than 3 working days after receipt of a properly 
completed transfer form. A fee is charged for each transfer of shares. 
The amount of the fee is calculated in accordance with the procedures of 
the NOAA Finance Handbook, available from the RD, for determining the 
administrative costs of each special product or service provided by NOAA 
to non-Federal recipients. The fee may not exceed such costs and is 
specified with each transfer form. The appropriate fee must accompany 
each transfer form.
    (b) Lists of wreckfish shareholders and permitted vessels. Annually, 
on or about March 1, the RD will provide each wreckfish shareholder with 
a list of all wreckfish shareholders and their percentage shares, 
reflecting share transactions on forms received through February 15. 
Annually by April 15, the RD will provide each dealer who holds a dealer 
permit for wreckfish, as required under Sec. 622.4(a)(4), with a list of 
vessels for which wreckfish permits have been issued, as required under 
Sec. 622.4(a)(2)(vii). Annually, by April 15, the RD will provide each 
wreckfish shareholder with a list of dealers who have been issued dealer 
permits for wreckfish. From April 16 through January 14, updated lists 
will be provided when required. Updated lists may be obtained at other 
times or by a person who is not a wreckfish shareholder or wreckfish 
dealer permit holder by written request to the RD.
    (c) ITQs. (1) Annually, as soon after March 1 as the TAC for 
wreckfish for the fishing year that commences April 16 is known, the RD 
will calculate each wreckfish shareholder's ITQ. Each ITQ is the product 
of the wreckfish TAC, in round weight, for the ensuing fishing year, the 
factor for converting round weight to eviscerated weight, and each 
wreckfish shareholder's percentage share, reflecting share transactions 
reported on forms received by the RD through February 15. Thus, the ITQs

[[Page 87]]

will be in terms of eviscerated weight of wreckfish.
    (2) The RD will provide each wreckfish shareholder with ITQ coupons 
in various denominations, the total of which equals his or her ITQ, and 
a copy of the calculations used in determining his or her ITQ. Each 
coupon will be coded to indicate the initial recipient.
    (3) An ITQ coupon may be transferred from one wreckfish shareholder 
to another by completing the sale endorsement thereon (that is, the 
signature and shareholder certificate number of the buyer). An ITQ 
coupon may be possessed only by the shareholder to whom it has been 
issued, or by the shareholder's employee, contractor, or agent, unless 
the ITQ coupon has been transferred to another shareholder. An ITQ 
coupon that has been transferred to another shareholder may be possessed 
only by the shareholder whose signature appears on the coupon as the 
buyer, or by the shareholder's employee, contractor, or agent, and with 
all required sale endorsements properly completed.
    (4) Wreckfish may not be possessed on board a fishing vessel--
    (i) In an amount exceeding the total of the ITQ coupons on board the 
vessel;
    (ii) That does not have on board a commercial vessel permit for 
wreckfish, as required under Sec. 622.4(a)(2)(vii); or
    (iii) That does not have on board logbook forms for that fishing 
trip, as required under Sec. 622.5(a)(1)(iv)(B).
    (5) Prior to termination of a trip, a signature and date signed must 
be affixed in ink to the ``Fisherman'' part of ITQ coupons in 
denominations equal to the eviscerated weight of the wreckfish on board. 
The ``Fisherman'' part of each such coupon must be separated from the 
coupon and submitted with the logbook forms required by 
Sec. 622.5(a)(1)(iv)(B) for that fishing trip.
    (6) The ``Fish House'' part of each such coupon must be given to the 
dealer to whom the wreckfish are transferred in amounts totaling the 
eviscerated weight of the wreckfish transferred to that dealer. A 
wreckfish may be transferred only to a dealer who holds a dealer permit 
for wreckfish, as required under Sec. 622.4(a)(4).
    (7) A dealer may receive a wreckfish only from a vessel for which a 
commercial permit for wreckfish has been issued, as required under 
Sec. 622.4(a)(2)(vii). A dealer must receive the ``Fish House'' part of 
ITQ coupons in amounts totaling the eviscerated weight of the wreckfish 
received; enter the permit number of the vessel from which the wreckfish 
were received, enter the date the wreckfish were received, enter the 
dealer's permit number, and sign each such ``Fish House'' part; and 
submit all such parts with the dealer reports required by 
Sec. 622.5(c)(5)(i).
    (8) An owner or operator of a vessel and a dealer must make 
available to an authorized officer all ITQ coupons in his or her 
possession upon request.
    (d) Wreckfish limitations. (1) A wreckfish taken in the South 
Atlantic EEZ may not be transferred at sea, regardless of where the 
transfer takes place; and a wreckfish may not be transferred in the 
South Atlantic EEZ.
    (2) A wreckfish possessed by a fisherman or dealer shoreward of the 
outer boundary of the South Atlantic EEZ or in a South Atlantic coastal 
state will be presumed to have been harvested from the South Atlantic 
EEZ unless accompanied by documentation that it was harvested from other 
than the South Atlantic EEZ.
    (3) A wreckfish may be offloaded from a fishing vessel only between 
8 a.m. and 5 p.m., local time.
    (4) If a wreckfish is to be offloaded at a location other than a 
fixed facility of a dealer who holds a dealer permit for wreckfish, as 
required under Sec. 622.4(a)(4), the wreckfish shareholder or the vessel 
operator must advise the NMFS, Office of Enforcement, Southeast Region, 
St. Petersburg, FL, by telephone (1-800-853-1964), of the location not 
less than 24 hours prior to offloading.



Sec. 622.16  Red snapper individual transferable quota (ITQ) system.

    The ITQ system established by this section will remain in effect 
through March 31, 2000, during which time NMFS and the GMFMC will 
evaluate the effectiveness of the system. Based on the evaluation, the 
system may be modified, extended, or terminated.

[[Page 88]]

    (a) Percentage shares. (1) Initial percentage shares of the annual 
quota of red snapper are assigned to persons in accordance with the 
procedure specified in Amendment 8 to the Fishery Management Plan for 
the Reef Fish Fishery of the Gulf of Mexico (FMP) and in paragraphs 
(c)(1) through (c)(4) of this section. Each person is notified by the RD 
of his or her initial percentage shares. If additional shares become 
available to NMFS, such as by forfeiture pursuant to subpart F of 15 CFR 
part 904 for rule violations, such shares will be proportionately 
reissued to shareholders based on their shares as of November 1, after 
the additional shares become available. If NMFS is required to issue 
additional shares, such as may be required in the resolution of 
disputes, existing shares will be proportionately reduced. This 
reduction of shares will be based on shares as of November 1 after the 
required addition of shares.
    (2) All or a portion of a person's percentage shares may be 
transferred to another person who is a U.S. citizen or permanent 
resident alien. (See paragraph (c)(5) of this section for restrictions 
on the transfer of shares in the initial months under the ITQ system.) 
Transfer of shares must be reported on a form available from the RD. The 
RD will confirm, in writing, the registration of each transfer. The 
effective date of each transfer is the confirmation date provided by the 
RD. The confirmation of registration date will normally be not later 
than 3 working days after receipt of a properly completed transfer form. 
However, reports of share transfers received by the RD from November 1 
through December 31 will not be recorded or confirmed until after 
January 1. A fee is charged for each transfer of percentage shares. The 
amount of the fee is calculated in accordance with the procedures of the 
NOAA Finance Handbook for determining the administrative costs of each 
special product or service provided by NOAA to non-Federal recipients. 
The fee may not exceed such costs and is specified with each transfer 
form. The appropriate fee must accompany each transfer form.
    (3) On or about January 1 each year, the RD will provide each red 
snapper shareholder with a list of all red snapper shareholders and 
their percentage shares, reflecting share transfers as indicated on 
properly completed transfer forms received through October 31. Updated 
lists may be obtained at other times, and by persons who are not red 
snapper shareholders, by written request to the RD.
    (b) ITQs. (1) Annually, as soon after November 15 as the following 
year's red snapper quota is established, the RD will calculate each red 
snapper shareholder's ITQ in terms of eviscerated weight. Each ITQ is 
the product of the red snapper quota, in round weight, for the ensuing 
fishing year, the factor for converting round weight to eviscerated 
weight, and each red snapper shareholder's percentage share, reflecting 
share transfers reported on forms received by the RD through October 31.
    (2) The RD will provide each red snapper shareholder with ITQ 
coupons in various denominations, the total of which equals his or her 
ITQ, and a copy of the calculations used in determining his or her ITQ. 
Each coupon will be coded to indicate the initial recipient.
    (3) An ITQ coupon may be transferred. If the transfer is by sale, 
the seller must enter the sale price on the coupon.
    (4) Except when the red snapper bag limit applies, red snapper in or 
from the EEZ or on board a vessel that has been issued a commercial 
permit for Gulf reef fish, as required under Sec. 622.4(a)(2)(v), may 
not be possessed in an amount, in eviscerated weight, exceeding the 
total of ITQ coupons on board. (See Sec. 622.39(a) for applicability of 
the bag limit.)
    (5) Prior to termination of a trip, the operator's signature and the 
date signed must be written in ink on the ``Vessel'' part of ITQ coupons 
totaling at least the eviscerated weight of the red snapper on board. An 
owner or operator of a vessel must separate the ``Vessel'' part of each 
such coupon, enter thereon the permit number of the dealer to whom the 
red snapper are transferred, and submit the ``Vessel'' parts with the 
logbook forms for that fishing trip. An owner or operator of a vessel 
must make available to an authorized officer all ITQ coupons in his or 
her possession upon request.

[[Page 89]]

    (6) Red snapper harvested from the EEZ or possessed by a vessel with 
a commercial permit for Gulf reef fish, as required under 
Sec. 622.4(a)(2)(v), may be transferred only to a dealer with a Gulf 
reef fish permit, as required under Sec. 622.4(a)(4). The ``Fish House'' 
part of each ITQ coupon must be given to such dealer, or the agent or 
employee of such dealer, in amounts totaling at least the eviscerated 
weight of the red snapper transferred to that dealer.
    (7) A dealer with a Gulf reef fish permit may receive red snapper 
only from a vessel that has on board a commercial permit for Gulf reef 
fish. A dealer, or the agent or employee of a dealer, must receive the 
``Fish House'' part of ITQ coupons totaling at least the eviscerated 
weight of the red snapper received. Immediately upon receipt of red 
snapper, the dealer, or the agent or employee of the dealer, must enter 
the permit number of the vessel received from and date and sign each 
such ``Fish House'' part. The dealer must submit all such parts as 
required by paragraph (d)(6) of this section. A dealer, agent, or 
employee must make available to an authorized officer all ITQ coupons in 
his or her possession upon request.
    (c) Procedures for implementation--(1) Initial shareholders. The 
following persons are initial shareholders in the red snapper ITQ 
system:
    (i) Either the owner or operator of a vessel with a valid permit on 
August 29, 1995, provided such owner or operator had a landing of red 
snapper during the period 1990 through 1992. If the earned income of an 
operator was used to qualify for the permit that is valid on August 29, 
1995, such operator is the initial shareholder rather than the owner. In 
the case of an owner, the term ``person'' includes a corporation or 
other legal entity; and
    (ii) A historical captain. A historical captain means an operator 
who meets all of the following qualifications:
    (A) From November 6, 1989, through 1993, fished solely under verbal 
or written share agreements with an owner, and such agreements provided 
for the operator to be responsible for hiring the crew, who was paid 
from the share under his or her control.
    (B) Landed from that vessel at least 5,000 lb (2,268 kg) of red 
snapper per year in 2 of the 3 years 1990, 1991, and 1992.
    (C) Derived more than 50 percent of his or her earned income from 
commercial fishing, that is, sale of the catch, in each of the years 
1989 through 1993.
    (D) Landed red snapper prior to November 7, 1989.
    (2) Initial shares. (i) Initial shares are apportioned to initial 
shareholders based on each shareholder's average of the top 2 years' 
landings in 1990, 1991, and 1992. However, no person who is an initial 
shareholder under paragraph (c)(1) of this section will receive an 
initial percentage share that will amount to less than 100 lb (45.36 
kg), round weight, of red snapper (90 lb (41 kg), eviscerated weight).
    (ii) The percentage shares remaining after the minimum shares have 
been calculated under paragraph (c)(2)(i) of this section are 
apportioned based on each remaining shareholder's average of the top 2 
years' landings in 1990, 1991, and 1992. In a case where a landing is 
associated with an owner and a historical captain, such landing is 
apportioned between the owner and historical captain in accordance with 
the share agreement in effect at the time of the landing.
    (iii) The determinations of landings of red snapper during the 
period 1990 through 1992 and historical captain status are made in 
accordance with the data collected under Amendment 9 to the FMP. Those 
data identify each red snapper landing during the period 1990 through 
1992. Each landing is associated with an owner and, when an operator's 
earned income was used to qualify for the vessel permit at the time of 
the landing, with such operator. Where appropriate, a landing is also 
associated with a historical captain. However, a red snapper landings 
record during that period that is associated solely with an owner may be 
retained by that owner or transferred as follows:
    (A) An owner of a vessel with a valid commercial permit for Gulf 
reef fish on August 29, 1995, who transferred a vessel permit to another 
vessel owned by him or her will retain the red snapper landings record 
for the previous vessel.
    (B) An owner of a vessel with a valid commercial permit for Gulf 
reef fish on August 29, 1995, will retain the landings

[[Page 90]]

record of a permitted vessel if the vessel had a change of ownership to 
another entity without a substantive change in control of the vessel. It 
will be presumed that there was no substantive change in control of a 
vessel if a successor in interest received at least a 50 percent 
interest in the vessel as a result of the change of ownership whether 
the change of ownership was--
    (1) From a closely held corporation to its majority shareholder;
    (2) From an individual who became the majority shareholder of a 
closely held corporation receiving the vessel;
    (3) Between closely held corporations with a common majority 
shareholder; or
    (4) From one to another of the following: Husband, wife, son, 
daughter, brother, sister, mother, or father.
    (C) In other cases of transfer of a permit through change of 
ownership of a vessel, an owner of a vessel with a valid commercial 
permit for Gulf reef fish on August 29, 1995, will receive credit for 
the landings record of the vessel before his or her ownership only if 
there is a legally binding agreement for transfer of the landings 
record.
    (iv) Requests for transfers of landings records must be submitted to 
the RD and must be postmarked not later than December 14, 1995. The RD 
may require documentation supporting such request. After considering 
requests for transfers of landings records, the RD will advise each 
initial shareholder or applicant of his or her tentative allocation of 
shares.
    (3) Notification of status. The RD will advise each owner, operator, 
and historical captain for whom NMFS has a record of a red snapper 
landing during the period 1990 through 1992, including those who 
submitted such record under Amendment 9 to the FMP, of his or her 
tentative status as an initial shareholder and the tentative landings 
record that will be used to calculate his or her initial share.
    (4) Appeals. (i) A special advisory panel, appointed by the GMFMC to 
function as an appeals board, will consider written requests from 
persons who contest their tentative status as an initial shareholder, 
including historical captain status, or tentative landings record. In 
addition to considering written requests, the board may allow personal 
appearances by such persons before the board.
    (ii) The panel is only empowered to consider disputed calculations 
or determinations based on documentation submitted under Amendment 9 to 
the FMP regarding landings of red snapper during the period 1990 through 
1992, including transfers of such landings records, or regarding 
historical captain status. In addition, the panel may consider 
applications and documentation of landings not submitted under Amendment 
9 if, in the board's opinion, there is justification for the late 
application and documentation. The board is not empowered to consider an 
application from a person who believes he or she should be eligible 
because of hardship or other factors.
    (iii) A written request for consideration by the board must be 
submitted to the RD, postmarked not later than December 27, 1995, and 
must contain documentation supporting the allegations that form the 
basis for the request.
    (iv) The board will meet as necessary to consider each request that 
is submitted in a timely manner. Members of the appeals board will 
provide their individual recommendations for each appeal to the GMFMC, 
which will in turn submit its recommendation to the RD. The board and 
the GMFMC will recommend whether the eligibility criteria, specified in 
Amendment 8 to the FMP and paragraphs (c)(1) and (c)(2) of this section, 
were correctly applied in each case, based solely on the available 
record including documentation submitted by the applicant. The GMFMC 
will also base its recommendation on the recommendations of the board. 
The RD will decide the appeal based on the above criteria and the 
available record, including documentation submitted by the applicant and 
the recommendation of the GMFMC. The RD will notify the appellant of his 
decision and the reason therefor, in writing, normally within 45 days of 
receiving the GMFMC's recommendation. The RD's decision will constitute 
the final administrative action by NMFS on an appeal.
    (v) Upon completion of the appeal process, the RD will issue share 
certificates to initial shareholders.

[[Page 91]]

    (5) Transfers of shares. The following restrictions apply to the 
transfer of shares:
    (i) The transfer of shares is prohibited through September 30, 1996.
    (ii) From October 1, 1996, through September 30, 1997, shares may be 
transferred only to other persons who are initial shareholders and are 
U.S. citizens or permanent resident aliens.
    (d) Exceptions/additions to general measures. Other provisions of 
this part notwithstanding--
    (1) Management of the red snapper ITQ system extends to adjoining 
state waters in the manner stated in paragraphs (d)(2) and (d)(3) of 
this section.
    (2) For a dealer to receive red snapper harvested from state waters 
adjoining the Gulf EEZ by or possessed on board a vessel with a 
commercial permit for Gulf reef fish, the dealer permit for Gulf reef 
fish specified in Sec. 622.4(a)(4) must have been issued to the dealer.
    (3) A copy of the dealer's permit must accompany each vehicle that 
is used to pick up from a fishing vessel red snapper from adjoining 
state waters harvested by or possessed on board a vessel with a 
commercial permit for Gulf reef fish.
    (4) As a condition of a commercial vessel permit for Gulf reef fish, 
without regard to where red snapper are harvested or possessed, a vessel 
with such permit must comply with the red snapper ITQ requirements of 
paragraph (b) of this section; may not transfer or receive red snapper 
at sea; and must maintain red snapper with head and fins intact through 
landing, and the exceptions to that requirement contained in 
Sec. 622.38(d) do not apply to red snapper. Red snapper may be 
eviscerated, gilled, and scaled but must otherwise be maintained in a 
whole condition.
    (5) As a condition of a dealer permit for Gulf reef fish, as 
required under Sec. 622.4(a)(4) or under paragraph (d)(2) of this 
section, without regard to where red snapper are harvested or possessed, 
a permitted dealer must comply with the red snapper ITQ requirements of 
paragraph (b) of this section.
    (6) In any month that a red snapper is received, a dealer must 
submit the report required under Sec. 622.5(c)(3)(ii). The ``Fish 
House'' parts of red snapper individual transferable coupons, received 
during the month in accordance with paragraph (b) of this section, must 
be submitted to the SRD with the report.
    (7) It is unlawful for a person to do any of the following:
    (i) Receive red snapper from a fishing vessel without a dealer 
permit for Gulf reef fish.
    (ii) Fail to carry a copy of the dealer's permit, as specified in 
paragraph (d)(3) of this section.
    (iii) Fail to comply with a condition of a permit, as specified in 
paragraph (d)(4) or (d)(5) of this section.
    (iv) Fail to report red snapper received, as specified in paragraph 
(d)(6) of this section.

    Effective Date Note: At 61 FR 48415, Sept. 13, 1996, Sec. 622.16 was 
stayed indefinitely.



Sec. 622.17  South Atlantic golden crab controlled access.

    (a) Applicability. For a person aboard a vessel to fish for golden 
crab in the South Atlantic EEZ, possess golden crab in or from the South 
Atlantic EEZ, off-load golden crab from the South Atlantic EEZ, or sell 
golden crab in or from the South Atlantic EEZ, a commercial vessel 
permit for golden crab must be issued to the vessel and must be on 
board. It is a rebuttable presumption that a golden crab on board or 
off-loaded from a vessel in the South Atlantic was harvested from the 
South Atlantic EEZ.
    (b) Initial eligibility. A vessel is eligible for an initial 
commercial vessel permit for golden crab if the owner meets the 
documentation requirements described in paragraph (c) of this section 
substantiating his or her landings of golden crab harvested from the 
South Atlantic EEZ in quantities of at least 600 lb (272 kg) by April 7, 
1995, or at least 2,500 lb (1,134 kg) by September 1, 1995. Only the 
owner of a vessel at the time landings occurred may use those landings 
to meet the eligibility requirements described in this paragraph, except 
if that owner transferred the right to use those landings to a 
subsequent owner in writing as part of the vessel's sales agreement. If 
evidence of such agreement is provided to the RD, the subsequent owner 
may use those landings to meet the eligibility requirements instead of 
the owner of

[[Page 92]]

the vessel at the time the landings occurred.
    (c) Documentation of eligibility. The documentation requirements 
described in this paragraph are the only acceptable means for an owner 
to establish a vessel's eligibility for an initial permit. Failure to 
meet the documentation requirements, including submission of data as 
required, will result in failure to qualify for an initial commercial 
vessel permit. Acceptable sources of documentation include: Landings 
documented by the trip ticket systems of Florida or South Carolina as 
described in paragraph (c)(1) of this section and data substantiating 
landings that occurred prior to establishment of the respective trip 
ticket systems or landings that occurred in North Carolina or Georgia as 
described in paragraph (c)(2) of this section.
    (1) Trip ticket data. NMFS has access to records of golden crab 
landings reported under the trip ticket systems in Florida and South 
Carolina. No further documentation or submission of these records is 
required if the applicant was the owner of the harvesting vessel at the 
time of the landings documented by these records. An applicant will be 
given printouts of trip ticket records for landings made when the 
applicant owned the harvesting vessel, and an applicant will have an 
opportunity to submit records of landings he or she believes should have 
been included on such printouts or to clarify allocation of landings 
shown on such printouts. Landings reported under these trip ticket 
systems and received by the respective states prior to December 31, 
1995, with such adjustments/clarifications for landings for which there 
is adequate documentation that they should have been included on the 
printouts, are conclusive as to landings in the respective states during 
the period that landing reports were required or voluntarily submitted 
by a vessel. For such time periods, landings data from other sources 
will not be considered for landings in these states.
    (2) Additional landings data. (i) An owner of a vessel that does not 
meet the criteria for initial eligibility for a commercial vessel permit 
based on landings documented by the trip ticket systems of Florida or 
South Carolina may submit documentation of required landings that either 
occurred prior to the implementation of the respective trip ticket 
systems or occurred in North Carolina or Georgia. Acceptable 
documentation of such landings consists of trip receipts or dealer 
records that definitively show the species known as golden crab; the 
vessel's name, official number, or other reference that clearly 
identifies the vessel; and dates and amounts of South Atlantic golden 
crab landings. In addition, a sworn affidavit may be submitted to 
document landings. A sworn affidavit is a notarized written statement 
wherein the individual signing the affidavit affirms under penalty of 
perjury that the information presented is accurate to the best of his or 
her knowledge, information, and belief.
    (ii) Documentation by a combination of trip receipts and dealer 
records is acceptable, but duplicate records for the same landings will 
not result in additional credit.
    (iii) Additional data submitted under paragraph (c)(2) of this 
section must be attached to a Golden Crab Landings Data form, which is 
available from the RD.
    (3) Verification. Documentation of golden crab landings from the 
South Atlantic EEZ and other information submitted under this section 
are subject to verification by comparison with state, Federal, and other 
records and information. Submission of false documentation or 
information may disqualify a person from initial participation under the 
South Atlantic golden crab controlled access program.
    (d) Application procedure. Permit application forms are available 
from the RD. An application for an initial commercial vessel permit that 
is postmarked or hand-delivered after September 26, 1996, will not be 
accepted.
    (1) An application for a commercial vessel permit must be submitted 
and signed by the vessel owner (in the case of a corporate-owned vessel, 
an officer or shareholder who meets the requirements of paragraph (b) of 
this section; in the case of a partnership-owned vessel, a general 
partner who meets these requirements).
    (2) An owner must provide the following:

[[Page 93]]

    (i) A copy of the vessel's valid U.S. Coast Guard certificate of 
documentation or, if not documented, a copy of its valid state 
registration certificate.
    (ii) Vessel name and official number.
    (iii) Name, address, telephone number, and other identifying 
information of the vessel owner.
    (iv) Documentation of initial eligibility, as specified in 
paragraphs (b) and (c) of this section.
    (v) The fishing zone in which the vessel will fish, as specified in 
paragraph (h) of this section.
    (vi) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, as 
specified on the application form.
    (vii) Any other information that may be necessary for the issuance 
or administration of the permit, as specified on the application form.
    (e) Issuance. (1) The RD will mail an initial commercial vessel 
permit to an applicant no later than October 28, 1996, if the 
application is complete and the eligibility requirements specified in 
paragraph (b) of this section are met.
    (2) Upon receipt of an incomplete application that is postmarked or 
hand-delivered on or before September 26, 1996, the RD will notify the 
applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 days of the date of the RD's notification, the 
application will be considered abandoned.
    (3) The RD will notify an applicant, in writing, no later than 
October 28, 1996, if the RD determines that the applicant fails to meet 
the eligibility requirements specified in paragraph (b) of this section.
    (f) Appeals. (1) An appeal of the RD's decision regarding initial 
permit eligibility may be submitted to an ad hoc appeals committee 
appointed by the SAFMC.
    (2) The appeals committee is empowered only to deliberate whether 
the eligibility criteria specified in paragraph (b) of this section were 
applied correctly to the appellant's application. In making that 
determination, the appeals committee members will consider only disputed 
calculations and determinations based on documentation provided as 
specified in paragraph (c) of this section, including transfers of 
landings records. The appeals committee is not empowered to consider 
whether a person should have been eligible for a commercial vessel 
permit because of hardship or other factors.
    (3) A written request for consideration of an appeal must be 
submitted within 30 days of the date of the RD's notification denying 
permit issuance and must provide written documentation supporting the 
basis for the appeal. Such a request must contain the appellant's 
acknowledgment that the confidentiality provisions of the Magnuson Act 
at 16 U.S.C. 1853(d) and subpart E of part 600 of this chapter are 
waived with respect to any information supplied by the RD to the SAFMC 
and its advisory bodies for purposes of receiving the recommendations of 
the appeals committee members on the appeal. An appellant may also make 
a personal appearance before the appeals committee.
    (4) The appeals committee will meet only once to consider appeals 
submitted within the time period specified in paragraph (f)(3) of this 
section. Members of the appeals committee will provide their individual 
recommendations for each appeal to the RD. Members of the appeals 
committee may comment upon whether the eligibility criteria, specified 
in the FMP and in paragraph (b) of this section, were correctly applied 
in each case, based solely on the available record, including 
documentation submitted by the appellant. The RD will decide the appeal 
based on the initial eligibility criteria in paragraph (b) of this 
section and the available record, including documentation submitted by 
the appellant and the recommendations and comments from members of the 
appeals committee. The RD will notify the appellant of the decision and 
the reason therefore, in writing, normally within 30 days of receiving 
the recommendation from the appeals committee members. The RD's decision 
will constitute the final administrative action by NMFS on an appeal.
    (g) Display. A commercial vessel permit issued under this section 
must be carried on board the vessel. The operator of a vessel must 
present the permit

[[Page 94]]

for inspection upon the request of an authorized officer.
    (h) Fishing zones. (1) The South Atlantic EEZ is divided into three 
fishing zones for golden crab. A vessel owner must indicate on the 
initial application for a commercial vessel permit the zone in which the 
vessel will fish. A permitted vessel may fish for golden crab only in 
the zone shown on its permit. A vessel may possess golden crab only in 
that zone, except that other zones may be transited if the vessel 
notifies NMFS, Office of Enforcement, Southeast Region, St. Petersburg, 
FL, by telephone (813-570-5344) in advance and does not fish in an 
unpermitted zone. The designated fishing zones are as follows:
    (i) Northern zone--the South Atlantic EEZ north of 28 deg. N. lat.
    (ii) Middle zone--the South Atlantic EEZ from 25 deg. N. lat. to 
28 deg. N. lat.
    (iii) Southern zone--the South Atlantic EEZ south of 25 deg. N. lat.
    (2) An owner of a permitted vessel may have the zone specified on a 
permit changed only when the change is from the middle or southern zone 
to the northern zone. A request for such change must be submitted to the 
RD with the existing permit.
    (i) Transfer. (1) A valid golden crab permit may be transferred for 
use by another vessel by returning the existing permit(s) to the RD 
along with an application for a permit for the replacement vessel.
    (2) To obtain a commercial vessel permit via transfer, the owner of 
the replacement vessel must submit to the RD a valid permit for a vessel 
with a documented length overall, or permits for vessels with documented 
aggregate lengths overall, of at least 90 percent of the documented 
length overall of the replacement vessel.
    (j) Renewal. (1) In addition to the procedures and requirements of 
Sec. 622.4(h) for commercial vessel permit renewals, for a golden crab 
permit to be renewed, the SRD must have received reports for the 
permitted vessel, as required by Sec. 622.5(a)(1)(v), documenting that 
at least 5,000 lb (2,268 kg) of golden crab were landed from the South 
Atlantic EEZ by the permitted vessel during at least one of the two 12-
month periods immediately prior to the expiration date of the vessel 
permit.
    (2) An existing permit for a vessel meeting the minimum golden crab 
landing requirement specified in paragraph (j)(1) of this section may be 
renewed by following the procedure specified in paragraph (d) of this 
section. However, documentation of the vessel's initial eligibility need 
not be resubmitted.

[61 FR 43957, 43959, Aug. 27, 1996]

    Effective Date Note: At 61 FR 43959, Aug. 27, 1996, Sec. 622.17 was 
amended by adding paragraphs (a), (g), (i), and (j), effective Oct. 28, 
1996.



                     Subpart C--Management Measures



Sec. 622.30  Fishing years.

    The fishing year for species or species groups governed in this part 
is January 1 through December 31 except for the following:
    (a) Allowable octocoral--October 1 through September 30.
    (b) King and Spanish mackerel. The fishing year for the king and 
Spanish mackerel bag limits specified in Sec. 622.39(c)(1) is January 1 
through December 31. The following fishing years apply only for the king 
and Spanish mackerel quotas specified in Sec. 622.42(c):
    (1) Gulf migratory group king mackerel--July 1 through June 30.
    (2) All other migratory groups of king and Spanish mackerel--April 1 
through March 31.
    (c) Wreckfish--April 16 through April 15.



Sec. 622.31  Prohibited gear and methods.

    In addition to the prohibited gear/methods specified in this 
section, see Secs. 622.33, 622.34, and 622.35 for seasonal/area 
prohibited gear/methods and Sec. 622.41 for species specific authorized 
and unauthorized gear/methods.
    (a) Explosives. An explosive (except an explosive in a powerhead) 
may not be used to fish in the Caribbean, Gulf, or South Atlantic EEZ. A 
vessel fishing in the EEZ for a species governed in this part, or a 
vessel for which a permit has been issued under Sec. 622.4, may not have 
on board any dynamite or similar explosive substance.

[[Page 95]]

    (b) Chemicals and plants. A toxic chemical may not be used or 
possessed in a coral area, and a chemical, plant, or plant-derived toxin 
may not be used to harvest a Caribbean coral reef resource in the 
Caribbean EEZ.
    (c) Fish traps. A fish trap may not be used in the South Atlantic 
EEZ. A fish trap deployed in the South Atlantic EEZ may be disposed of 
in any appropriate manner by the Assistant Administrator or an 
authorized officer.
    (d) Gillnets. A gillnet that has a float line that is more than 
1,000 yd (914 m) in length or a drift gillnet may not be used in the 
Gulf, Mid-Atlantic, or South Atlantic EEZ to fish for king or Spanish 
mackerel; in the Gulf or South Atlantic EEZ to fish for coastal 
migratory pelagic fish, other than bluefish; or in the Gulf EEZ to fish 
for bluefish. A vessel in, or having fished on a trip in, the Gulf, Mid-
Atlantic, or South Atlantic EEZ with such a gillnet or a drift gillnet 
on board may not have on board on that trip any of the indicated fish.
    (e) Longlines for wreckfish. A bottom longline may not be used to 
fish for wreckfish in the South Atlantic EEZ. A person aboard a vessel 
that has a longline on board may not retain a wreckfish in or from the 
South Atlantic EEZ. For the purposes of this paragraph, a vessel is 
considered to have a longline on board when a power-operated longline 
hauler, a cable of diameter suitable for use in the longline fishery 
longer than 1.5 mi (2.4 km) on any reel, and gangions are on board. 
Removal of any one of these three elements constitutes removal of a 
longline.
    (f) Poisons. (1) A poison, drug, or other chemical may not be used 
to fish for Caribbean reef fish in the Caribbean EEZ.
    (2) A poison may not be used to take Gulf reef fish in the Gulf EEZ.
    (3) A poison may not be used to fish for South Atlantic snapper-
grouper in the South Atlantic EEZ.
    (g) Power-assisted tools. A power-assisted tool may not be used in 
the Caribbean EEZ to take a Caribbean coral reef resource or in the Gulf 
or South Atlantic EEZ to take allowable octocoral, prohibited coral, or 
live rock.
    (h) Powerheads. A powerhead may not be used in the Caribbean EEZ to 
harvest Caribbean reef fish or in the EEZ off South Carolina to harvest 
South Atlantic snapper-grouper. The possession of a mutilated Caribbean 
reef fish in or from the Caribbean EEZ, or a mutilated South Atlantic 
snapper-grouper in or from the EEZ off South Carolina, and a powerhead 
is prima facie evidence that such fish was harvested by a powerhead.
    (i) Rebreathers and spearfishing gear. In the South Atlantic EEZ, a 
person using a rebreather may not harvest South Atlantic snapper-grouper 
with spearfishing gear. The possession of such snapper-grouper while in 
the water with a rebreather is prima facie evidence that such fish was 
harvested with spearfishing gear while using a rebreather.
    (j) Sea bass pots. A sea bass pot may not be used in the South 
Atlantic EEZ south of 28 deg.35.1' N. lat. (due east of the NASA Vehicle 
Assembly Building, Cape Canaveral, FL). A sea bass pot deployed in the 
EEZ south of 28 deg.35.1' N. lat. may be disposed of in any appropriate 
manner by the Assistant Administrator or an authorized officer.
    (k) Spears and hooks. A spear, hook, or similar device may not be 
used in the Caribbean EEZ to harvest a Caribbean spiny lobster. The 
possession of a speared, pierced, or punctured Caribbean spiny lobster 
in or from the Caribbean EEZ is prima facie evidence of violation of 
this section.



Sec. 622.32  Prohibited and limited-harvest species.

    (a) General. The harvest and possession restrictions of this section 
apply without regard to whether the species is harvested by a vessel 
operating under a commercial vessel permit. The operator of a vessel 
that fishes in the EEZ is responsible for the limit applicable to that 
vessel.
    (b) Prohibited species. Prohibited species, by geographical area, 
are as follows:
    (1) Caribbean. (i) Caribbean prohibited coral may not be fished for 
or possessed in or from the Caribbean EEZ. The taking of Caribbean 
prohibited coral in the

[[Page 96]]

Caribbean EEZ is not considered unlawful possession provided it is 
returned immediately to the sea in the general area of fishing.
    (ii) Foureye, banded, and longsnout butterflyfish; jewfish; Nassau 
grouper; and seahorses may not be harvested or possessed in or from the 
Caribbean EEZ. Such fish caught in the Caribbean EEZ must be released 
immediately with a minimum of harm.
    (iii) Egg-bearing spiny lobster in the Caribbean EEZ must be 
returned to the water unharmed. An egg-bearing spiny lobster may be 
retained in a trap, provided the trap is returned immediately to the 
water. An egg-bearing spiny lobster may not be stripped, scraped, 
shaved, clipped, or in any other manner molested, in order to remove the 
eggs.
    (2) Gulf. (i) Gulf and South Atlantic prohibited coral taken as 
incidental catch in the Gulf EEZ must be returned immediately to the sea 
in the general area of fishing. In fisheries where the entire catch is 
landed unsorted, such as the scallop and groundfish fisheries, unsorted 
prohibited coral may be landed ashore; however, no person may sell or 
purchase such prohibited coral.
    (ii) Jewfish may not be harvested or possessed in or from the Gulf 
EEZ.
    (iii) Red drum may not be harvested or possessed in or from the Gulf 
EEZ. Red drum caught in the Gulf EEZ must be released immediately with a 
minimum of harm.
    (3) Mid-Atlantic. Red drum may not be harvested or possessed in or 
from the Mid-Atlantic EEZ south of a line extending in a direction of 
115 deg. from true north commencing at a point at 40 deg.29.6' N. lat., 
73 deg.54.1' W. long., such point being the intersection of the New 
Jersey/New York boundary with the 3- nm line denoting the seaward limit 
of state waters. Red drum caught in such portion of the Mid-Atlantic EEZ 
must be released immediately with a minimum of harm.
    (4) South Atlantic. (i) Gulf and South Atlantic prohibited coral 
taken as incidental catch in the South Atlantic EEZ must be returned 
immediately to the sea in the general area of fishing. In fisheries 
where the entire catch is landed unsorted, such as the scallop and 
groundfish fisheries, unsorted prohibited coral may be landed ashore; 
however, no person may sell or purchase such prohibited coral.
    (ii) Jewfish and Nassau grouper may not be harvested or possessed in 
or from the South Atlantic EEZ. Jewfish and Nassau grouper taken in the 
South Atlantic EEZ incidentally by hook-and-line must be released 
immediately by cutting the line without removing the fish from the 
water.
    (iii) Red drum may not be harvested or possessed in or from the 
South Atlantic EEZ. Red drum caught in the South Atlantic EEZ must be 
released immediately with a minimum of harm.
    (iv) Wild live rock may not be harvested or possessed in the South 
Atlantic EEZ.
    (v) It is intended that no female golden crabs in or from the South 
Atlantic EEZ be retained on board a vessel and that any female golden 
crab in or from the South Atlantic EEZ be released in a manner that will 
ensure maximum probability of survival. However, to accommodate 
legitimate incidental catch and retention, the number of female golden 
crabs in or from the South Atlantic EEZ retained on board a vessel may 
not exceed 0.5 percent, by number, of all golden crabs on board. See 
Sec. 622.45(f)(1) regarding the prohibition of sale of female golden 
crabs.
    (vi) South Atlantic snapper-grouper may not be possessed in whole, 
gutted, or filleted form by a person aboard a vessel fishing for or 
possessing golden crab in or from the South Atlantic EEZ or possessing a 
golden crab trap in the South Atlantic. Only the head, fins, and 
backbone (collectively the ``rack'') of South Atlantic snapper-grouper 
may be possessed for use as bait.
    (c) Limited-harvest species. A person who fishes in the EEZ may not 
combine a harvest limitation specified in this paragraph (c) with a 
harvest limitation applicable to state waters. A species subject to a 
harvest limitation specified in this paragraph (c) taken in the EEZ may 
not be transferred at sea, regardless of where such transfer takes 
place, and such species may not be transferred in the EEZ.
    (1) Cobia. No person may possess more than two cobia per day in or 
from

[[Page 97]]

the Gulf or South Atlantic EEZ, regardless of the number of trips or 
duration of a trip.
    (2) Cubera snapper. No person may harvest more than two cubera 
snapper measuring 30 inches (76.2 cm), TL, or larger, per day in the 
South Atlantic EEZ off Florida and no more than two such cubera snapper 
in or from the South Atlantic EEZ off Florida may be possessed on board 
a vessel at any time.
    (3) Speckled hind and warsaw grouper. The possession of speckled 
hind and warsaw grouper in or from the South Atlantic EEZ is limited to 
one of each per vessel per trip.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996]



Sec. 622.33  Caribbean EEZ seasonal and/or area closures.

    (a) Mutton snapper spawning aggregation area. From March 1 through 
June 30, each year, fishing is prohibited in the area bounded by rhumb 
lines connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  17 deg.37.9'  64 deg.52.6'
B...........................................  17 deg.38.2'  64 deg.52.1'
C...........................................  17 deg.38.3'  64 deg.51.8'
D...........................................  17 deg.38.1'  64 deg.51.4'
A...........................................  17 deg.37.9'  64 deg.52.6'
------------------------------------------------------------------------

    (b) Red hind spawning aggregation areas. From December 1 through 
February 28, each year, fishing is prohibited in the following three 
areas. Each area is bounded by rhumb lines connecting, in order, the 
points listed.
    (1) East of St. Croix.

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  17 deg.50.2'  64 deg.27.9'
B...........................................  17 deg.50.1'  64 deg.26.1'
C...........................................  17 deg.49.2'  64 deg.25.8'
D...........................................  17 deg.48.6'  64 deg.25.8'
E...........................................  17 deg.48.1'  64 deg.26.1'
F...........................................  17 deg.47.5'  64 deg.26.9'
A...........................................  17 deg.50.2'  64 deg.27.9'
------------------------------------------------------------------------

    (2) South of St. Thomas.

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  18 deg.13.2'  65 deg.06.0'
B...........................................  18 deg.13.2'  64 deg.59.0'
C...........................................  18 deg.11.8'  64 deg.59.0'
D...........................................  18 deg.10.7'  65 deg.06.0'
A...........................................  18 deg.13.2'  65 deg.06.0'
------------------------------------------------------------------------

    (3) West of Puerto Rico.

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  18 deg.11.0'  67 deg.25.5'
B...........................................  18 deg.11.0'  67 deg.20.4'
C...........................................  18 deg.08.0'  67 deg.20.4'
D...........................................  18 deg.08.0'  67 deg.25.5'
A...........................................  18 deg.11.0'  67 deg.25.5'
------------------------------------------------------------------------



Sec. 622.34  Gulf EEZ seasonal and/or area closures.

    (a) Alabama SMZ. The Alabama SMZ consists of artificial reefs and 
surrounding areas. In the Alabama SMZ, fishing by a vessel that is 
operating as a charter vessel or headboat, a vessel that does not have a 
commercial permit for Gulf reef fish, as required under 
Sec. 622.4(a)(2), or a vessel with such a permit fishing for Gulf reef 
fish is limited to hook-and-line gear with three or fewer hooks per line 
and spearfishing gear. A person aboard a vessel that uses on any trip 
gear other than hook-and-line gear with three or fewer hooks per line 
and spearfishing gear in the Alabama SMZ is limited on that trip to the 
bag limits for Gulf reef fish specified in Sec. 622.39(b) and, for Gulf 
reef fish for which no bag limit is specified in Sec. 622.39(b), the 
vessel is limited to 5 percent, by weight, of all fish on board or 
landed. The Alabama SMZ is bounded by rhumb lines connecting, in order, 
the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  30 deg.02.5'  88 deg.07.7'
B...........................................  30 deg.02.6'  87 deg.59.3'
C...........................................  29 deg.55.0'  87 deg.55.5'
D...........................................  29 deg.54.5'  88 deg.07.5'
A...........................................  30 deg.02.5'  88 deg.07.7'
------------------------------------------------------------------------

    (b) Florida middle grounds HAPC. Fishing with a bottom longline, 
bottom trawl, dredge, pot, or trap is prohibited year round in the area 
bounded by rhumb lines connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  28 deg.42.5'  84 deg.24.8'
B...........................................  28 deg.42.5'  84 deg.16.3'
C...........................................  28 deg.11.0'  84 deg.00.0'
D...........................................  28 deg.11.0'  84 deg.07.0'
E...........................................  28 deg.26.6'  84 deg.24.8'
A...........................................  28 deg.42.5'  84 deg.24.8'
------------------------------------------------------------------------

    (c) Reef fish longline and buoy gear restricted area. A person 
aboard a vessel that uses, on any trip, longline or buoy gear in the 
longline and buoy gear restricted area is limited on that trip to

[[Page 98]]

the bag limits for Gulf reef fish specified in Sec. 622.39(b)(1) and, 
for Gulf reef fish for which no bag limit is specified in 
Sec. 622.39(b)(1), the vessel is limited to 5 percent, by weight, of all 
fish on board or landed. The longline and buoy gear restricted area is 
that part of the Gulf EEZ shoreward of rhumb lines connecting, in order, 
the points listed in Table 1, and shown in Figures 1 and 2, in Appendix 
B of this part.
    (d) Riley's Hump seasonal closure. From May 1 through June 30, each 
year, fishing is prohibited in the following area bounded by rhumb lines 
connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  24 deg.32.2'  83 deg.08.7'
B...........................................  24 deg.32.2'  83 deg.05.2'
C...........................................  24 deg.28.7'  83 deg.05.2'
D...........................................  24 deg.28.7'  83 deg.08.7'
A...........................................  24 deg.32.2'  83 deg.08.7'
------------------------------------------------------------------------

    (e) Shrimp/stone crab separation zones. Five zones are established 
in the Gulf EEZ and Florida's waters off Citrus and Hernando Counties 
for the separation of shrimp trawling and stone crab trapping. Although 
Zone II is entirely within Florida's waters, it is included in this 
paragraph (e) for the convenience of fishermen. Restrictions that apply 
to Zone II and those parts of the other zones that are in Florida's 
waters are contained in Rule 46-38.001, Florida Administrative Code. 
Geographical coordinates of the points referred to in this paragraph (e) 
are as follows:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  28 deg.59'30              
                                                        ''  82 deg.45'36
                                                                      ''
B...........................................  28 deg.59'30              
                                                        ''  83 deg.00'10
                                                                      ''
C...........................................  28 deg.26'01              
                                                        ''  82 deg.59'47
                                                                      ''
D...........................................  28 deg.26'01              
                                                        ''  82 deg.56'54
                                                                      ''
E...........................................  28 deg.41'39              
                                                        ''  82 deg.55'25
                                                                      ''
F...........................................  28 deg.41'39              
                                                        ''  82 deg.56'09
                                                                      ''
G...........................................  28 deg.48'56              
                                                        ''  82 deg.56'19
                                                                      ''
H...........................................  28 deg.53'51              
                                                        ''  82 deg.51'19
                                                                      ''
I \1\.......................................  28 deg.54'43              
                                                        ''  82 deg.44'52
                                                                      ''
J \2\.......................................  28 deg.51'09              
                                                        ''  82 deg.44'00
                                                                      ''
K...........................................  28 deg.50'59              
                                                        ''  82 deg.54'16
                                                                      ''
L...........................................  28 deg.41'39              
                                                        ''  82 deg.53'56
                                                                      ''
M \3\.......................................  28 deg.41'39              
                                                        ''  82 deg.38'46
                                                                      ''
N...........................................  28 deg.41'39              
                                                        ''  82 deg.53'12
                                                                      ''
O...........................................  28 deg.30'51              
                                                        ''  82 deg.55'11
                                                                      ''
P...........................................  28 deg.40'00              
                                                        ''  82 deg.53'08
                                                                      ''
Q...........................................  28 deg.40'00              
                                                        ''  82 deg.47'58
                                                                      ''
R...........................................  28 deg.35'14              
                                                        ''  82 deg.47'47
                                                                      ''
S...........................................  28 deg.30'51              
                                                        ''  82 deg.52'55
                                                                      ''
T...........................................  28 deg.27'46              
                                                        ''  82 deg.55'09
                                                                      ''
U...........................................  28 deg.30'51              
                                                        ''  82 deg.52'09
                                                                     '' 
------------------------------------------------------------------------
\1\ Crystal River Entrance Light 1A.                                    
\2\ Long Pt. (southwest tip).                                           
\3\ Shoreline.                                                          

    (1) Zone I is enclosed by rhumb lines connecting, in order, points 
A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points A 
and J. It is unlawful to trawl in that part of Zone I that is in the EEZ 
from October 5 through May 20, each year.
    (2) Zone II is enclosed by rhumb lines connecting, in order, points 
J, I, H, K, L, and M, plus the shoreline between points J and M.
    (3) Zone III is enclosed by rhumb lines connecting, in order, points 
P, Q, R, U, S, and P. It is unlawful to trawl in that part of Zone III 
that is in the EEZ from October 5 through May 20, each year.
    (4) Zone IV is enclosed by rhumb lines connecting, in order, points 
E, N, S, O, and E.
    (i) It is unlawful to place a stone crab trap in that part of Zone 
IV that is in the EEZ from October 5 through December 1 and from April 2 
through May 20, each year.
    (ii) It is unlawful to trawl in that part of Zone IV that is in the 
EEZ from December 2 through April 1, each year.
    (5) Zone V is enclosed by rhumb lines connecting, in order, points 
F, G, K, L, and F.
    (i) It is unlawful to place a stone crab trap in that part of Zone V 
that is in the EEZ from October 5 through November 30 and from March 16 
through May 20, each year.
    (ii) It is unlawful to trawl in that part of Zone V that is in the 
EEZ from December 1 through March 15, each year.
    (f) Southwest Florida seasonal trawl closure. From January 1 to 1 
hour after sunset on May 20, each year, trawling, including trawling for 
live bait, is prohibited in that part of the Gulf EEZ shoreward of rhumb 
lines connecting, in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
B \1\.......................................  26 deg.16.0'  81 deg.58.5'
C...........................................  26 deg.00.0'  82 deg.04.0'
D...........................................  25 deg.09.0'  81 deg.47.6'
E...........................................  24 deg.54.5'  81 deg.50.5'
M \1\.......................................  24 deg.49.3'  81 deg.46.4'
                                                                        
------------------------------------------------------------------------
\1\ On the seaward limit of Florida's waters.                           

    (g) Reef fish stressed area. The stressed area is that part of the 
Gulf EEZ shoreward of rhumb lines connecting, in

[[Page 99]]

order, the points listed in Table 2, and shown in Figures 3 and 4, in 
Appendix B of this part.
    (1) A powerhead may not be used in the stressed area to take Gulf 
reef fish. Possession of a powerhead and a mutilated Gulf reef fish in 
the stressed area or after having fished in the stressed area 
constitutes prima facie evidence that such reef fish was taken with a 
powerhead in the stressed area.
    (2) A roller trawl may not be used in the stressed area. Roller 
trawl means a trawl net equipped with a series of large, solid rollers 
separated by several smaller spacer rollers on a separate cable or line 
(sweep) connected to the footrope, which makes it possible to fish the 
gear over rough bottom, that is, in areas unsuitable for fishing 
conventional shrimp trawls. Rigid framed trawls adapted for shrimping 
over uneven bottom, in wide use along the west coast of Florida, and 
shrimp trawls with hollow plastic rollers for fishing on soft bottoms, 
are not considered roller trawls.
    (3) A fish trap may not be used in the stressed area. A fish trap 
used in the stressed area will be considered unclaimed or abandoned 
property and may be disposed of in any appropriate manner by the 
Assistant Administrator (including an authorized officer).
    (h) Texas closure. (1) From 30 minutes after sunset on May 15 to 30 
minutes after sunset on July 15, trawling, except trawling for royal red 
shrimp beyond the 100-fathom (183-m) depth contour, is prohibited in the 
Gulf EEZ off Texas.
    (2) In accordance with the procedures and restrictions of the 
Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico, 
the RD may adjust the closing and/or opening date of the Texas closure 
to provide an earlier, later, shorter, or longer closure, but the 
duration of the closure may not exceed 90 days or be less than 45 days. 
Notification of the adjustment of the closing or opening date will be 
published in the Federal Register.
    (i) Tortugas shrimp sanctuary. (1) The Tortugas shrimp sanctuary is 
closed to trawling. The Tortugas shrimp sanctuary is that part of the 
EEZ off Florida shoreward of rhumb lines connecting, in order, the 
following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
N \1\.......................................  25 deg.52.9'  81 deg.37.9'
F...........................................  25 deg.50.7'  81 deg.51.3'
G \2\.......................................  24 deg.40.1'  82 deg.26.7'
H \3\.......................................  24 deg.34.7'  82 deg.35.2'
P \4\.......................................  24 deg.35.0'  81 deg.08.0'
                                                                        
------------------------------------------------------------------------
\1\ Coon Key Light.                                                     
\2\ New Ground Rocks Light.                                             
\3\ Rebecca Shoal Light.                                                
\4\ Marquessas Keys.                                                    

    (2) The provisions of paragraph (i)(1) of this section 
notwithstanding--
    (i) Effective from April 11 through September 30, each year, that 
part of the Tortugas shrimp sanctuary seaward of rhumb lines connecting 
the following points is open to trawling: From point T at 24 deg.47.8' 
N. lat., 82 deg.01.0' W. long. to point U at 24 deg.43.83' N. lat., 
82 deg.01.0' W. long. (on the line denoting the seaward limit of 
Florida's waters); thence along the seaward limit of Florida's waters, 
as shown on the current edition of NOAA chart 11439, to point V at 
24 deg.42.55' N. lat., 82 deg.15.0' W. long.; thence north to point W at 
24 deg.43.6' N. lat., 82 deg.15.0' W. long.
    (ii) Effective from April 11 through July 31, each year, that part 
of the Tortugas shrimp sanctuary seaward of rhumb lines connecting the 
following points is open to trawling: From point W to point V, both 
points as specified in paragraph (i)(2)(i) of this section, to point G, 
as specified in paragraph (i)(1) of this section.
    (3) Effective from May 26 through July 31, each year, that part of 
the Tortugas shrimp sanctuary seaward of rhumb lines connecting the 
following points is open to trawling: From point F, as specified in 
paragraph (i)(1) of this section, to point Q at 24 deg.46.7' N. lat., 
81 deg.52.2' W. long. (on the line denoting the seaward limit of 
Florida's waters); thence along the seaward limit of Florida's waters, 
as shown on the current edition of NOAA chart 11439, to point U and 
north to point T, both points as specified in paragraph (i)(2)(i) of 
this section.
    (j) West and East Flower Garden Banks HAPC. Fishing with a bottom 
longline, bottom trawl, dredge, pot, or trap is prohibited year-round in 
the HAPC. The West and East Flower Garden Banks are geographically 
centered at

[[Page 100]]

27 deg.52'14.21'' N. lat., 93 deg.48'54.79'' W. long. and 
27 deg.55'07.44'' N. lat., 93 deg.36'08.49'' W. long., respectively. The 
HAPC extends from these centers to the 50-fathom (300-ft) (91.4-m) 
isobath.
    (k) Wild live rock area closures. No person may harvest or possess 
wild live rock in the Gulf EEZ--
    (1) North and west of a line extending in a direction of 235 deg. 
from true north from a point at the mouth of the Suwannee River at 
29 deg.17.25' N. lat., 83 deg.09.9' W. long. (the Levy/Dixie County, FL, 
boundary); or
    (2) South of 25 deg.20.4' N. lat. (due west from the Monroe/Collier 
County, FL, boundary).
    (l) 1997 closure of the commercial fishery for red snapper. From 
January 1 through 31, 1997, the possession of red snapper in or from the 
Gulf EEZ and on board a vessel for which a commercial permit for Gulf 
reef fish has been issued, as required under Sec. 622.4(a)(2)(v), 
without regard to where such red snapper were harvested, is limited to 
the bag and possession limits, as specified in Sec. 622.39(b)(1)(iii) 
and (b)(2), respectively, and such red snapper are subject to the 
prohibition on sale or purchase of red snapper possessed under the bag 
limit, as specified in Sec. 622.45(c)(1).

[61 FR 34934, July 3, 1996, as amended at 61 FR 48642, Sept. 16, 1996]

    Effective Date Note: At 61 FR 48642, Sept. 16, 1996, Sec. 622.34 was 
amended by adding paragraph (l), effective Oct. 16, 1996.



Sec. 622.35  South Atlantic EEZ seasonal and/or area closures.

    (a) Allowable octocoral closed area. No person may harvest or 
possess allowable octocoral in the South Atlantic EEZ north of 
28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly Building, 
Cape Canaveral, FL).
    (b) Longline closed areas. A longline may not be used to fish in the 
EEZ for South Atlantic snapper-grouper south of 27 deg.10' N. lat. (due 
east of the entrance to St. Lucie Inlet, FL); or north of 27 deg.10' N. 
lat. where the charted depth is less than 50 fathoms (91.4 m), as shown 
on the latest edition of the largest scale NOAA chart of the location. A 
person aboard a vessel with a longline on board that fishes on a trip in 
the South Atlantic EEZ south of 27 deg.10' N. lat., or north of 
27 deg.10' N. lat. where the charted depth is less than 50 fathoms (91.4 
m), is limited on that trip to the bag limit for South Atlantic snapper-
grouper for which a bag limit is specified in Sec. 622.39(d)(1), and to 
zero for all other South Atlantic snapper-grouper. For the purpose of 
this paragraph, a vessel is considered to have a longline on board when 
a power-operated longline hauler, a cable or monofilament of diameter 
and length suitable for use in the longline fishery, and gangions are on 
board. Removal of any one of these three elements constitutes removal of 
a longline.
    (c) Oculina Bank HAPC. The Oculina Bank HAPC is bounded on the north 
by 27 deg.53' N. lat., on the south by 27 deg.30' N. lat., on the east 
by 79 deg.56' W. long., and on the west by 80 deg.00' W. long. In the 
Oculina Bank HAPC:
    (1) Fishing with a bottom longline, bottom trawl, dredge, pot, or 
trap is prohibited.
    (2) A fishing vessel may not anchor, use an anchor and chain, or use 
a grapple and chain.
    (3) No fishing for South Atlantic snapper-grouper is allowed, and 
South Atlantic snapper-grouper may not be retained, in or from the HAPC. 
South Atlantic snapper-grouper taken incidentally in the HAPC by hook-
and-line gear must be released immediately by cutting the line without 
removing the fish from the water.
    (d) South Atlantic shrimp cold weather closure. (1) Pursuant to the 
procedures and criteria established in the FMP for the Shrimp Fishery of 
the South Atlantic Region, when Florida, Georgia, North Carolina, or 
South Carolina closes all or a portion of its waters of the South 
Atlantic to the harvest of brown, pink, and white shrimp, the Assistant 
Administrator may concurrently close the South Atlantic EEZ adjacent to 
the closed state waters by filing a notification of closure with the 
Office of the Federal Register. Closure of the adjacent EEZ will be 
effective until the ending date of the closure in state waters, but may 
be ended earlier based on the state's request. In the latter case, the 
Assistant Administrator will terminate a closure of the EEZ by filing a 
notification to that effect with the Office of the Federal Register.

[[Page 101]]

    (2) During a closure, as specified in paragraph (d)(1) of this 
section--
    (i) No person may trawl for brown shrimp, pink shrimp, or white 
shrimp in the closed portion of the EEZ (closed area); and no person may 
possess on board a fishing vessel brown shrimp, pink shrimp, or white 
shrimp in or from a closed area, except as authorized in paragraph 
(d)(2)(iii) of this section.
    (ii) No person aboard a vessel trawling in that part of a closed 
area that is within 25 nm of the baseline from which the territorial sea 
is measured may use or have on board a trawl net with a mesh size less 
than 4 inches (10.2 cm), as measured between the centers of opposite 
knots when pulled taut.
    (iii) Brown shrimp, pink shrimp, or white shrimp may be possessed on 
board a fishing vessel in a closed area, provided the vessel is in 
transit and all trawl nets with a mesh size less than 4 inches (10.2 
cm), as measured between the centers of opposite knots when pulled taut, 
are stowed below deck while transiting the closed area. For the purpose 
of this paragraph, a vessel is in transit when it is on a direct and 
continuous course through a closed area.
    (e) SMZs. (1) The SMZs consist of artificial reefs and surrounding 
areas as follows:
    (i) Paradise Reef is bounded on the north by 33 deg.31.59' N. lat.; 
on the south by 33 deg.30.51' N. lat.; on the east by 78 deg.57.55' W. 
long.; and on the west by 78 deg.58.85' W. long.
    (ii) Ten Mile Reef is bounded on the north by 33 deg.26.65' N. lat.; 
on the south by 33 deg.24.80' N. lat.; on the east by 78 deg.51.08' W. 
long.; and on the west by 78 deg.52.97' W. long.
    (iii) Pawleys Island Reef is bounded on the north by 33 deg.26.58' 
N. lat.; on the south by 33 deg.25.76' N. lat.; on the east by 
79 deg.00.29' W. long.; and on the west by 79 deg.01.24' W. long.
    (iv) Georgetown Reef is bounded on the north by 33 deg.14.90' N. 
lat.; on the south by 33 deg.13.85' N. lat.; on the east by 
78 deg.59.45' W. long.; and on the west by 79 deg.00.65' W. long.
    (v) Capers Reef is bounded on the north by 32 deg.45.45' N. lat.; on 
the south by 32 deg.43.91' N. lat.; on the east by 79 deg.33.81' W. 
long.; and on the west by 79 deg.35.10' W. long.
    (vi) Kiawah Reef is bounded on the north by 32 deg.29.78' N. lat.; 
on the south by 32 deg.28.25' N. lat.; on the east by 79 deg.59.00' W. 
long.; and on the west by 80 deg.00.95' W. long.
    (vii) Edisto Offshore Reef is bounded on the north by 32 deg.15.30' 
N. lat.; on the south by 32 deg.13.90' N. lat.; on the east by 
79 deg.50.25' W. long.; and on the west by 79 deg.51.45' W. long.
    (viii) Hunting Island Reef is bounded on the north by 32 deg.13.72' 
N. lat.; on the south by 32 deg.12.30' N. lat.; on the east by 
80 deg.19.23' W. long.; and on the west by 80 deg.21.00' W. long.
    (ix) Fripp Island Reef is bounded on the north by 32 deg.15.92' N. 
lat.; on the south by 32 deg.14.75' N. lat.; on the east by 
80 deg.21.62' W. long.; and on the west by 80 deg.22.90' W. long.
    (x) Betsy Ross Reef is bounded on the north by 32 deg.03.60' N. 
lat.; on the south by 32 deg.02.88' N. lat.; on the east by 
80 deg.24.57' W. long.; and on the west by 80 deg.25.50' W. long.
    (xi) Hilton Head Reef/Artificial Reef--T is bounded on the north by 
32 deg.00.71' N. lat.; on the south by 31 deg.59.42' N. lat.; on the 
east by 80 deg.35.23' W. long.; and on the west by 80 deg.36.37' W. 
long.
    (xii) Artificial Reef--A is bounded on the north by 30 deg.56.4' N. 
lat.; on the south by 30 deg.55.2' N. lat.; on the east by 81 deg.15.4' 
W. long.; and on the west by 81 deg.16.5' W. long.
    (xiii) Artificial Reef--C is bounded on the north by 30 deg.51.4' N. 
lat.; on the south by 30 deg.50.1' N. lat.; on the east by 81 deg.09.1' 
W. long.; and on the west by 81 deg.10.4' W. long.
    (xiv) Artificial Reef--G is bounded on the north by 30 deg.59.1' N. 
lat.; on the south by 30 deg.57.8' N. lat.; on the east by 80 deg.57.7' 
W. long.; and on the west by 80 deg.59.2' W. long.
    (xv) Artificial Reef--F is bounded on the north by 31 deg.06.6' N. 
lat.; on the south by 31 deg.05.6' N. lat.; on the east by 81 deg.11.4' 
W. long.; and on the west by 81 deg.13.3' W. long.
    (xvi) Artificial Reef--J is bounded on the north by 31 deg.36.7' N. 
lat.; on the south by 31 deg.35.7' N. lat.; on the east by 80 deg.47.0' 
W. long.; and on the west by 80 deg.48.1' W. long.
    (xvii) Artificial Reef--L is bounded on the north by 31 deg.46.2' N. 
lat.; on the

[[Page 102]]

south by 31 deg.45.1' N. lat.; on the east by 80 deg.35.8' W. long.; and 
on the west by 80 deg.37.1' W. long.
    (xviii) Artificial Reef--KC is bounded on the north by 31 deg.51.2' 
N. lat.; on the south by 31 deg.50.3' N. lat.; on the east by 
80 deg.46.0' W. long.; and on the west by 80 deg.47.2' W. long.
    (xix) Ft. Pierce Inshore Reef is bounded on the north by 
27 deg.26.8' N. lat.; on the south by 27 deg.25.8' N. lat.; on the east 
by 80 deg.09.24' W. long.; and on the west by 80 deg.10.36' W. long.
    (xx) Ft. Pierce Offshore Reef is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long. 
------------------------------------------------------------------------
A...........................................  27 deg.23.68              
                                                         '  80 deg.03.95
                                                                       '
B...........................................  27 deg.22.80              
                                                         '  80 deg.03.60
                                                                       '
C...........................................  27 deg.23.94              
                                                         '  80 deg.00.02
                                                                       '
D...........................................  27 deg.24.85              
                                                         '  80 deg.00.33
                                                                       '
A...........................................  27 deg.23.68              
                                                         '  80 deg.03.95
                                                                       '
------------------------------------------------------------------------

    (xxi) Key Biscayne/Artificial Reef--H is bounded on the north by 
25 deg.42.82' N. lat.; on the south by 25 deg.41.32' N. lat.; on the 
east by 80 deg.04.22' W. long.; and on the west by 80 deg.05.53' W. 
long.
    (xxii) Little River Offshore Reef is bounded on the north by 
33 deg.42.10' N. lat.; on the south by 33 deg.41.10' N. lat.; on the 
east by 78 deg.26.40' W. long.; and on the west by 78 deg.27.10' W. 
long.
    (xxiii) BP-25 Reef is bounded on the north by 33 deg.21.70' N. lat.; 
on the south by 33 deg.20.70' N. lat.; on the east by 78 deg.24.80' W. 
long.; and on the west by 78 deg.25.60' W. long.
    (xxiv) Vermilion Reef is bounded on the north by 32 deg.57.80' N. 
lat.; on the south by 32 deg.57.30' N. lat.; on the east by 
78 deg.39.30' W. long.; and on the west by 78 deg.40.10' W. long.
    (xxv) Cape Romaine Reef is bounded on the north by 33 deg.00.00' N. 
lat.; on the south by 32 deg.59.50' N. lat.; on the east by 
79 deg.02.01' W. long.; and on the west by 79 deg.02.62' W. long.
    (xxvi) Y-73 Reef is bounded on the north by 32 deg.33.20' N. lat.; 
on the south by 32 deg.32.70' N. lat.; on the east by 79 deg.19.10' W. 
long.; and on the west by 79 deg.19.70' W. long.
    (xxvii) Eagles Nest Reef is bounded on the north by 32 deg.01.48' N. 
lat.; on the south by 32 deg.00.98' N. lat.; on the east by 
80 deg.30.00' W. long.; and on the west by 80 deg.30.65' W. long.
    (xxviii) Bill Perry Jr. Reef is bounded on the north by 
33 deg.26.20' N. lat.; on the south by 33 deg.25.20' N. lat.; on the 
east by 78 deg.32.70' W. long.; and on the west by 78 deg.33.80' W. 
long.
    (xxix) Comanche Reef is bounded on the north by 32 deg.27.40' N. 
lat.; on the south by 32 deg.26.90' N. lat.; on the east by 
79 deg.18.80' W. long.; and on the west by 79 deg.19.60' W. long.
    (2) The use of a sea bass pot or a bottom longline is prohibited in 
each of the SMZs. The following additional restrictions apply in the 
indicated SMZs:
    (i) In SMZs specified in paragraphs (e)(1) (i) through (xviii) and 
(e)(1) (xxii) through (xxix) of this section, the use of a gillnet or a 
trawl is prohibited; and fishing may be conducted only with hand-held 
hook-and-line gear (including a manual, electric, or hydraulic rod and 
reel) and spearfishing gear.
    (ii) In SMZs specified in paragraphs (e)(1) (xix) and (xx) of this 
section, a hydraulic or electric reel that is permanently affixed to the 
vessel is prohibited when fishing for South Atlantic snapper-grouper.
    (iii) In the SMZs specified in paragraphs (e)(1) (xix) and (xxi) of 
this section, the use of spearfishing gear is prohibited.
    (iv) In the SMZs specified in paragraphs (e)(1)(i) through (x) and 
(e)(1) (xxii) through (xxix) of this section, a powerhead may not be 
used to take South Atlantic snapper-grouper. Possession of a powerhead 
and a mutilated South Atlantic snapper-grouper in one of the specified 
SMZs, or after having fished in one of the SMZs, constitutes prima facie 
evidence that such fish was taken with a powerhead in the SMZ.
    (f) Golden crab trap closed areas. In the golden crab northern zone, 
a golden crab trap may not be deployed in waters less than 900 ft (274 
m) deep. In the golden crab middle and southern zones, a golden crab 
trap may not be deployed in waters less than 700 ft (213 m) deep. See 
Sec. 622.17(h) for specification of the golden crab zones.
    (g) Rock shrimp closed area. No person may trawl for rock shrimp in 
the area east of 80 deg.00' W. long. between 27 deg.30' N. lat. and 
28 deg.30' N. lat. shoreward of the 100-fathom (183-m) contour, as shown 
on the latest edition of NOAA chart 11460; and no person may possess 
rock

[[Page 103]]

shrimp in or from this area on board a fishing vessel.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61 
FR 47449, Sept. 9, 1996]

    Effective Date Note: At 61 FR 47449, Sept. 9, 1996, Sec. 622.35 was 
amended by adding paragraph (g), effective Oct. 9, 1996.



Sec. 622.36  Seasonal harvest limitations.

    The following limitations apply in the South Atlantic EEZ:
    (a) Greater amberjack spawning season. During April, each year, 
south of 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly 
Building, Cape Canaveral, FL), the possession of greater amberjack in or 
from the EEZ on board a vessel that has a commercial permit for South 
Atlantic snapper-grouper is limited to three per person during a single 
day, regardless of the number of trips or the duration of a trip.
    (b) Mutton snapper spawning season. During May and June, each year, 
the possession of mutton snapper in or from the EEZ on board a vessel 
that has a commercial permit for South Atlantic snapper-grouper is 
limited to 10 per person during a single day, regardless of the number 
of trips or the duration of a trip.
    (c) Wreckfish spawning-season closure. From January 15 through April 
15, each year, no person may harvest or possess on a fishing vessel 
wreckfish in or from the EEZ; offload wreckfish from the EEZ; or sell or 
purchase wreckfish in or from the EEZ. The prohibition on sale or 
purchase of wreckfish does not apply to trade in wreckfish that were 
harvested, offloaded, and sold or purchased prior to January 15 and were 
held in cold storage by a dealer or processor.



Sec. 622.37  Minimum sizes.

    Except for undersized king and Spanish mackerel allowed in 
paragraphs (c)(2) and (3) of this section, a fish smaller than its 
minimum size, as specified in this section, in or from the Caribbean, 
Gulf, South Atlantic, and/or Mid-Atlantic EEZ, as appropriate, may not 
be possessed, sold, or purchased. An undersized fish must be released 
immediately with a minimum of harm. The operator of a vessel that fishes 
in the EEZ is responsible for ensuring that fish on board are no smaller 
than the minimum size limits specified in this section.
    (a) Caribbean reef fish: Yellowtail snapper--12 inches (30.5 cm), 
TL.
    (b) Caribbean spiny lobster--3.5 inches (8.9 cm), carapace length.
    (c) Coastal migratory pelagic fish. (1) Cobia in the Gulf or South 
Atlantic--33 inches (83.8 cm), fork length.
    (2) King mackerel in the Gulf, South Atlantic, or Mid-Atlantic--20 
inches (30.5 cm), fork length, except that a vessel fishing under a 
quota for king mackerel specified in Sec. 622.42(c)(1) may possess 
undersized king mackerel in quantities not exceeding 5 percent, by 
weight, of the king mackerel on board.
    (3) Spanish mackerel in the Gulf, South Atlantic, or Mid-Atlantic--
12 inches (30.5 cm), fork length, except that a vessel fishing under a 
quota for Spanish mackerel specified in Sec. 622.42(c)(2) may possess 
undersized Spanish mackerel in quantities not exceeding 5 percent, by 
weight, of the Spanish mackerel on board.
    (d) Gulf reef fish. (1) Black sea bass and lane and vermilion 
snappers--8 inches (20.3 cm), TL.
    (2) Gray, mutton, and yellowtail snappers--12 inches (30.5 cm), TL.
    (3) Red snapper--
    (i) Effective through December 31, 1997--15 inches (38.1 cm), TL;
    (ii) Effective January 1, 1998--16 inches (40.6 cm), TL.
    (4) Black, red, Nassau, and yellowfin groupers and gag--20 inches, 
(50.8 cm), TL.
    (5) Greater amberjack--28 inches (71.1 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in 
Sec. 622.39(b)(1)(i) and 36 inches (91.4 cm), fork length, for a fish 
taken by a person not subject to the bag limit.
    (e) South Atlantic snapper-grouper. (1) Black sea bass and lane 
snapper--8 inches (20.3 cm), TL.
    (2) Vermilion snapper--10 inches (25.4 cm), TL, for a fish taken by 
a person subject to the bag limit specified in Sec. 622.39(d)(1)(v) and 
12 inches (30.5 cm), TL, for a fish taken by a person not subject to the 
bag limit.
    (3) Blackfin, cubera, dog, gray, mahogany, queen, silk, and 
yellowtail snappers; schoolmaster; and red porgy--12 inches (30.5 cm), 
TL.

[[Page 104]]

    (4) Gray triggerfish in the South Atlantic EEZ off Florida--12 
inches (30.5 cm), TL.
    (5) Hogfish--12 inches (30.5 cm), fork length.
    (6) Mutton snapper--16 inches (40.6 cm), TL.
    (7) Black, red, yellowfin, and yellowmouth grouper; scamp; gag; and 
red snapper--20 inches (50.8 cm), TL.
    (8) Greater amberjack--28 inches (71.1 cm), fork length, for a fish 
taken by a person subject to the bag limit specified in 
Sec. 622.39(d)(1)(i) and 36 inches (91.4 cm), fork length, or, if the 
head is removed, 28 inches (71.1 cm), measured from the center edge at 
the deheaded end to the fork of the tail, for a fish taken by a person 
not subject to the bag limit. (See Figure 2 in Appendix C of this part 
for deheaded fish length measurement.)
    (f) Gulf shrimp. White shrimp harvested in the EEZ are subject to 
the minimum-size landing and possession limits of Louisiana when 
possessed within the jurisdiction of that State.



Sec. 622.38  Landing fish intact.

    The operator of a vessel that fishes in the EEZ is responsible for 
ensuring that fish on that vessel in the EEZ are maintained intact and, 
if taken from the EEZ, are maintained intact through offloading ashore, 
as specified in this section.
    (a) The following must be maintained with head and fins intact: A 
cobia in or from the Gulf or South Atlantic EEZ; a king mackerel or 
Spanish mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic 
EEZ; a South Atlantic snapper-grouper in or from the South Atlantic EEZ; 
a yellowtail snapper in or from the Caribbean EEZ; and, except as 
specified in paragraphs (c), (d), and (e) of this section, a finfish in 
or from the Gulf EEZ. Such fish may be eviscerated, gilled, and scaled, 
but must otherwise be maintained in a whole condition.
    (b) A Caribbean spiny lobster in or from the Caribbean EEZ must be 
maintained with head and carapace intact.
    (c) Shark, swordfish, and tuna species are exempt from the 
requirements of paragraph (a) of this section.
    (d) In the Gulf EEZ:
    (1) Bait is exempt from the requirement to be maintained with head 
and fins intact.
    (i) For the purpose of this paragraph (d)(1), bait means--
    (A) Packaged, headless fish fillets that have the skin attached and 
are frozen or refrigerated;
    (B) Headless fish fillets that have the skin attached and are held 
in brine; or
    (C) Small pieces no larger than 3 in\3\ (7.6 cm\3\) or strips no 
larger than 3 inches by 9 inches (7.6 cm by 22.9 cm) that have the skin 
attached and are frozen, refrigerated, or held in brine.
    (ii) Paragraph (d)(1)(i) of this section notwithstanding, a finfish 
or part thereof possessed in or landed from the Gulf EEZ that is 
subsequently sold or purchased as a finfish species, rather than as 
bait, is not bait.
    (2) Legal-sized finfish possessed for consumption at sea on the 
harvesting vessel are exempt from the requirement to have head and fins 
intact, provided--
    (i) Such finfish do not exceed any applicable bag limit;
    (ii) Such finfish do not exceed 1.5 lb (680 g) of finfish parts per 
person aboard; and
    (iii) The vessel is equipped to cook such finfish on board.
    (e) In the South Atlantic EEZ, a greater amberjack on or offloaded 
ashore from a vessel that has a permit specified in Sec. 622.4(a)(2)(vi) 
may be deheaded and eviscerated, but must otherwise be maintained in a 
whole condition through offloading ashore.
    (f) A golden crab in or from the South Atlantic EEZ must be 
maintained in whole condition through landing ashore. For the purposes 
of this paragraph, whole means a crab that is in its natural condition 
and that has not been gutted or separated into component pieces, e.g., 
clusters.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996]



Sec. 622.39  Bag and possession limits.

    (a) Applicability. (1) The bag and possession limits apply for 
species/species groups listed in this section in or from the EEZ. Bag 
limits apply to a person on a daily basis, regardless of the number of 
trips in a day. Possession limits apply to a person on a trip after the

[[Page 105]]

first 24 hours of that trip. The bag and possession limits apply to a 
person who fishes in the EEZ in any manner, except a person aboard a 
vessel in the EEZ that has on board the commercial vessel permit 
required under Sec. 622.4(a)(2) for the appropriate species/species 
group. However, see Sec. 622.32 for limitations on taking prohibited and 
limited-harvest species. The limitations in Sec. 622.32 apply without 
regard to whether the species is harvested by a vessel operating under a 
commercial vessel permit or by a person subject to the bag limits. The 
possession of a commercial vessel permit notwithstanding, the bag and 
possession limits apply when the vessel is operating as a charter vessel 
or headboat. A person who fishes in the EEZ may not combine a bag limit 
specified in this section with a bag or possession limit applicable to 
state waters. A species/species group subject to a bag limit specified 
in this section taken in the EEZ by a person subject to the bag limits 
may not be transferred at sea, regardless of where such transfer takes 
place, and such fish may not be transferred in the EEZ.
    (2) Paragraph (a)(1) of this section notwithstanding, bag and 
possession limits also apply for Gulf reef fish in or from the EEZ to a 
person aboard a vessel that has on board a commercial permit for Gulf 
reef fish--
    (i) When trawl gear or entangling net gear is on board. A vessel is 
considered to have trawl gear on board when trawl doors and a net are on 
board. Removal from the vessel of all trawl doors or all nets 
constitutes removal of trawl gear.
    (ii) When a longline or buoy gear is on board and the vessel is 
fishing or has fished on a trip in the reef fish longline and buoy gear 
restricted area specified in Sec. 622.34(c). A vessel is considered to 
have a longline on board when a power-operated longline hauler, a cable 
of diameter and length suitable for use in the longline fishery, and 
gangions are on board. Removal of any one of these three elements, in 
its entirety, constitutes removal of a longline.
    (iii) For a species/species group when its quota has been reached 
and closure has been effected.
    (b) Gulf reef fish--(1) Bag limits. (i) Greater amberjack--3.
    (ii) Groupers, combined, excluding jewfish--5.
    (iii) Red snapper--5.
    (iv) Snappers, combined, excluding red, lane, and vermilion 
snapper--10.
    (2) Possession limits. A person who is on a trip that spans more 
than 24 hours may possess no more than two daily bag limits, provided 
such trip is on a vessel that is operating as a charter vessel or 
headboat, the vessel has two licensed operators aboard, and each 
passenger is issued and has in possession a receipt issued on behalf of 
the vessel that verifies the length of the trip.
    (c) King and Spanish mackerel--(1) Bag limits. (i) Atlantic 
migratory group king mackerel--
    (A) Mid-Atlantic and South Atlantic, other than off Florida--3.
    (B) Off Florida--2, which is the daily bag limit specified by 
Florida for its waters (Rule 46-12.004(1), Florida Administrative Code). 
If Florida changes its limit, the bag limit specified in this paragraph 
(c)(1)(i)(B) will be changed to conform to Florida's limit, provided 
such limit does not exceed 5.
    (ii) Gulf migratory group king mackerel--2.
    (iii) Atlantic migratory group Spanish mackerel--10.
    (iv) Gulf migratory group Spanish mackerel--
    (A) Off Louisiana, Mississippi, and Alabama--10.
    (B) Off Florida--10, which is the daily bag limit specified by 
Florida for its waters (Rule 46-23.005(1), Florida Administrative Code). 
If Florida changes its limit, the bag limit specified in this paragraph 
(c)(1)(iv)(B) will be changed to conform to Florida's limit, provided 
such limit does not exceed 10.
    (C) Off Texas--7, which is the daily bag limit specified by Texas 
for its waters (Rule 31-65.72(c)(4)(A), Texas Administrative Code). If 
Texas changes its limit, the bag limit specified in this paragraph 
(c)(1)(iv)(C) will be changed to conform to Texas' limit, provided such 
limit does not exceed 10.
    (2) Possession limits. A person who is on a trip that spans more 
than 24 hours may possess no more than two daily bag limits, provided 
such trip is on a

[[Page 106]]

vessel that is operating as a charter vessel or headboat, the vessel has 
two licensed operators aboard, and each passenger is issued and has in 
possession a receipt issued on behalf of the vessel that verifies the 
length of the trip.
    (d) South Atlantic snapper-grouper--(1) Bag limits. (i) Greater 
amberjack--3.
    (ii) Groupers, combined, excluding jewfish and Nassau grouper, and 
tilefishes--5.
    (iii) Hogfish in the South Atlantic off Florida--5.
    (iv) Snappers, combined, excluding cubera snapper measuring 30 
inches (76.2 cm), TL, or larger, in the South Atlantic off Florida, and 
excluding vermilion snapper--10, of which no more than 2 may be red 
snapper. (See Sec. 622.32(c)(2) for limitations on cubera snapper 
measuring 30 inches (76.2 cm), TL, or larger, in or from the South 
Atlantic EEZ off Florida.)
    (v) Vermilion snapper--10.
    (2) Possession limits. Provided each passenger is issued and has in 
possession a receipt issued on behalf of the vessel that verifies the 
duration of the trip--
    (i) A person aboard a charter vessel or headboat on a trip that 
spans more than 24 hours may possess no more than two daily bag limits.
    (ii) A person aboard a headboat on a trip that spans more than 48 
hours and who can document that fishing was conducted on at least 3 days 
may possess no more than three daily bag limits.
    (3) Longline bag limits. Other provisions of this paragraph (d) 
notwithstanding, a person on a trip aboard a vessel for which the bag 
limits apply that has a longline on board is limited on that trip to the 
bag limit for South Atlantic snapper-grouper for which a bag limit is 
specified in paragraph (d)(1) of this section, and to zero for all other 
South Atlantic snapper-grouper. For the purpose of this paragraph 
(d)(3), a vessel is considered to have a longline on board when a power-
operated longline hauler, a cable or monofilament of diameter and length 
suitable for use in the longline fishery, and gangions are on board. 
Removal of any one of these three elements constitutes removal of a 
longline.



Sec. 622.40  Limitations on traps and pots.

    (a) Tending--(1) Caribbean EEZ. A fish trap or Caribbean spiny 
lobster trap in the Caribbean EEZ may be pulled or tended only by a 
person (other than an authorized officer) aboard the fish trap or spiny 
lobster trap owner's vessel, or aboard another vessel if such vessel has 
on board written consent of the trap owner, or if the trap owner is 
aboard and has documentation verifying his identification number and 
color code. An owner's written consent must specify the time period such 
consent is effective and the trap owner's gear identification number and 
color code.
    (2) Gulf EEZ. A fish trap in the Gulf EEZ may be pulled or tended 
only by a person (other than an authorized officer) aboard the vessel 
with the fish trap endorsement to fish such trap or aboard another 
vessel if such vessel has on board written consent of the owner or 
operator of the vessel so endorsed. Such written consent is valid solely 
for the removal of fish traps from the EEZ, and harvest of fish 
incidental to such removal, when vessel or equipment breakdown prevents 
the vessel with the fish trap endorsement from retrieving its traps.
    (3) South Atlantic EEZ. A sea bass pot or golden crab trap in the 
South Atlantic EEZ may be pulled or tended only by a person (other than 
an authorized officer) aboard the vessel permitted to fish such pot or 
trap or aboard another vessel if such vessel has on board written 
consent of the owner or operator of the vessel so permitted. For golden 
crab only, a vessel with written consent on board must also possess a 
valid commercial vessel permit for golden crab.
    (b) Escape mechanisms--(1) Caribbean EEZ. (i) A fish trap used or 
possessed in the Caribbean EEZ must have a panel located on each of two 
sides of the trap, excluding the top, bottom, and side containing the 
trap entrance. The opening covered by a panel must measure not less than 
8 by 8 inches (20.3 by 20.3 cm). The mesh size of a panel may not be 
smaller than the mesh size of the trap. A panel must be attached to the 
trap with untreated jute twine with a diameter not exceeding \1/8\ inch 
(3.2 mm). An access door may serve as one of the panels, provided it is 
on an

[[Page 107]]

appropriate side, it is hinged only at its bottom, its only other 
fastening is untreated jute twine with a diameter not exceeding \1/8\ 
inch (3.2 mm), and such fastening is at the top of the door so that the 
door will fall open when such twine degrades. Jute twine used to secure 
a panel may not be wrapped or overlapped.
    (ii) A spiny lobster trap used or possessed in the Caribbean EEZ 
must contain on any vertical side or on the top a panel no smaller in 
diameter than the throat or entrance of the trap. The panel must be made 
of or attached to the trap by one of the following degradable materials:
    (A) Untreated fiber of biological origin with a diameter not 
exceeding \1/8\ inch (3.2 mm). This includes, but is not limited to tyre 
palm, hemp, jute, cotton, wool, or silk.
    (B) Ungalvanized or uncoated iron wire with a diameter not exceeding 
\1/16\ inch (1.6 mm), that is, 16 gauge wire.
    (2) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must 
have at least two escape windows on each of two sides, excluding the 
bottom (a total of four escape windows), that are 2 by 2 inches (5.1 by 
5.1 cm) or larger. In addition, a fish trap must have a panel or access 
door located opposite each side of the trap that has a funnel. The 
opening covered by each panel or access door must be 144 in2 (929 
cm2) or larger, with one dimension of the area equal to or larger 
than the largest interior axis of the trap's throat (funnel) with no 
other dimension less than 6 inches (15.2 cm). The hinges and fasteners 
of each panel or access door must be constructed of one of the following 
degradable materials:
    (i) Untreated jute string with a diameter not exceeding \3/16\ inch 
(4.8 mm) that is not wrapped or overlapped.
    (ii) Magnesium alloy, time float releases (pop-up devices) or 
similar magnesium alloy fasteners.
    (3) South Atlantic EEZ. (i) A sea bass pot that is used or possessed 
in the South Atlantic EEZ north of 28 deg.35.1' N. lat. (due east of the 
NASA Vehicle Assembly Building, Cape Canaveral, FL) is required to have 
on at least one side, excluding top and bottom, a panel or door with an 
opening equal to or larger than the interior end of the trap's throat 
(funnel). The hinges and fasteners of each panel or door must be made of 
one of the following degradable materials:
    (A) Untreated hemp, jute, or cotton string with a diameter not 
exceeding \3/16\ inch (4.8 mm).
    (B) Magnesium alloy, timed float releases (pop-up devices) or 
similar magnesium alloy fasteners.
    (C) Ungalvanized or uncoated iron wire with a diameter not exceeding 
\1/16\ inch (1.6 mm), that is, 16 gauge wire.
    (ii) A golden crab trap that is used or possessed in the South 
Atlantic EEZ must have at least one escape gap or escape ring on each of 
two opposite vertical sides. The minimum allowable inside dimensions of 
an escape gap are 2.75 by 3.75 inches (7.0 by 9.5 cm); the minimum 
allowable inside diameter of an escape ring is 4.5 inches (11.4 cm). In 
addition to the escape gaps--
    (A) A golden crab trap constructed of webbing must have an opening 
(slit) at least 1 ft (30.5 cm) long that may be closed (relaced) only 
with untreated cotton string no larger than \3/16\ inch (0.48 cm) in 
diameter.
    (B) A golden crab trap constructed of material other than webbing 
must have an escape panel or door measuring at least 12 by 12 inches 
(30.5 by 30.5 cm), located on at least one side, excluding top and 
bottom. The hinges and fasteners of such door or panel must be made of 
either ungalvanized or uncoated iron wire no larger than 19 gauge (0.04 
inch (1.0 mm) in diameter) or untreated cotton string no larger than 3/
16 inch (4.8 mm) in diameter.
    (c) Construction requirements and mesh sizes--(1) Caribbean EEZ. A 
bare-wire fish trap used or possessed in the EEZ that has hexagonal mesh 
openings must have a minimum mesh size of 1.5 inches (3.8 cm) in the 
smallest dimension measured between centers of opposite strands. A bare-
wire fish trap used or possessed in the EEZ that has other than 
hexagonal mesh openings or a fish trap of other than bare wire, such as 
coated wire or plastic, used or possessed in the EEZ, must have a 
minimum mesh size of 2.0 inches (5.1 cm) in the smallest dimension 
measured between centers of opposite strands.
    (2) Gulf EEZ. A fish trap used or possessed in the Gulf EEZ must 
meet all of

[[Page 108]]

the following mesh size requirements (based on centerline measurements 
between opposite wires or netting strands):
    (i) A minimum of 2 in2 (12.9 cm2) opening for each mesh.
    (ii) One-inch (2.5-cm) minimum length for the shortest side.
    (iii) Minimum distance of 1 inch (2.5 cm) between parallel sides of 
rectangular openings, and 1.5 inches (3.8 cm) between parallel sides of 
square openings and of mesh openings with more than four sides.
    (iv) One and nine-tenths inches (4.8 cm) minimum distance for 
diagonal measures of mesh.
    (3) South Atlantic EEZ. (i) A sea bass pot used or possessed in the 
South Atlantic EEZ must have mesh sizes as follows (based on centerline 
measurements between opposite, parallel wires or netting strands):
    (A) Hexagonal mesh (chicken wire)--at least 1.5 inches (3.8 cm) 
between the wrapped sides;
    (B) Square mesh--at least 1.5 inches (3.8 cm) between sides; or
    (C) Rectangular mesh--at least 1 inch (2.5 cm) between the longer 
sides and 2 inches (5.1 cm) between the shorter sides.
    (ii) A golden crab trap deployed or possessed in the South Atlantic 
EEZ may not exceed 64 ft3 (1.8 m3) in volume in the northern 
zone or 48 ft3 (1.4 m3) in volume in the middle and southern 
zones. See Sec. 622.17(h) for specification of the golden crab zones.
    (d) Area-specific restrictions--(1) Gulf EEZ. In the Gulf EEZ, a 
fish trap may be pulled or tended only from official sunrise to official 
sunset. The operator of a vessel from which a fish trap is deployed in 
the Gulf EEZ must retrieve all the vessel's fish traps and return them 
to port on each trip. A fish trap that is not returned to port on a 
trip, and its attached line and buoy, may be disposed of in any 
appropriate manner by the Assistant Administrator or an authorized 
officer. The owner of such trap and/or the operator of the responsible 
vessel is subject to appropriate civil penalties. A buoy that floats on 
the surface must be attached to each fish trap, or to each end trap of 
traps that are connected by a line, used in the Gulf EEZ. The maximum 
allowable size for a fish trap fished in the Gulf EEZ shoreward of the 
50-fathom (91.4-m) isobath is 33 ft3 (0.9 m3) in volume. Fish 
trap volume is determined by measuring the external dimensions of the 
trap, and includes both the enclosed holding capacity of the trap and 
the volume of the funnel(s) within those dimensions. There is no size 
limitation for fish traps fished seaward of the 50-fathom (91.4-m) 
isobath. The maximum number of traps that may be assigned to, possessed, 
or fished in the Gulf EEZ by a vessel is 100.
    (2) South Atlantic EEZ. (i) In the South Atlantic EEZ, sea bass pots 
may not be used or possessed in multiple configurations, that is, two or 
more pots may not be attached one to another so that their overall 
dimensions exceed those allowed for an individual sea bass pot. This 
does not preclude connecting individual pots to a line, such as a 
``trawl'' or trot line.
    (ii) Rope is the only material allowed to be used for a mainline or 
buoy line attached to a golden crab trap, except that wire cable is 
allowed for these purposes through January 31, 1998.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996]

    Effective Date Note: At 61 FR 43959, Aug. 27, 1996, Sec. 622.40 was 
amended by revising paragraph (a)(3), effective Oct. 28, 1996. For the 
convenience of the user, the superseded text is set forth as follows:
Sec. 622.40  Limitations on traps and pots.
    (a) * * *
    (3) South Atlantic EEZ. A sea bass pot in the South Atlantic EEZ may 
be pulled or tended only by a person (other than an authorized officer) 
aboard the vessel permitted to fish such pot or aboard another vessel if 
such vessel has on board written consent of the owner or operator of the 
vessel so permitted.

                                * * * * *



Sec. 622.41  Species specific limitations.

    (a) Aquacultured live rock. In the Gulf or South Atlantic EEZ:
    (1) Aquacultured live rock may be harvested only under a permit, as 
required under Sec. 622.4(a)(3)(iii), and aquacultured live rock on a 
site may be harvested only by the person, or his or her employee, 
contractor, or agent, who has been issued the aquacultured live rock 
permit for the site. A person

[[Page 109]]

harvesting aquacultured live rock is exempt from the prohibition on 
taking prohibited coral for such prohibited coral as attaches to 
aquacultured live rock.
    (2) The following restrictions apply to individual aquaculture 
activities:
    (i) No aquaculture site may exceed 1 acre (0.4 ha) in size.
    (ii) Material deposited on the aquaculture site--
    (A) May not be placed over naturally occurring reef outcrops, 
limestone ledges, coral reefs, or vegetated areas.
    (B) Must be free of contaminants.
    (C) Must be nontoxic.
    (D) Must be placed on the site by hand or lowered completely to the 
bottom under restraint, that is, not allowed to fall freely.
    (E) Must be placed from a vessel that is anchored.
    (F) In the Gulf EEZ, must be distinguishable, geologically or 
otherwise (for example, be indelibly marked or tagged), from the 
naturally occurring substrate.
    (G) In the South Atlantic EEZ, must be geologically distinguishable 
from the naturally occurring substrate and, in addition, may be 
indelibly marked or tagged.
    (iii) A minimum setback of at least 50 ft (15.2 m) must be 
maintained from natural vegetated or hard bottom habitats.
    (3) Mechanically dredging or drilling, or otherwise disturbing, 
aquacultured live rock is prohibited, and aquacultured live rock may be 
harvested only by hand. In addition, the following activities are 
prohibited in the South Atlantic: Chipping of aquacultured live rock in 
the EEZ, possession of chipped aquacultured live rock in or from the 
EEZ, removal of allowable octocoral or prohibited coral from 
aquacultured live rock in or from the EEZ, and possession of prohibited 
coral not attached to aquacultured live rock or allowable octocoral, 
while aquacultured live rock is in possession. See the definition of 
``Allowable octocoral'' for clarification of the distinction between 
allowable octocoral and live rock. For the purposes of this paragraph 
(a)(3), chipping means breaking up reefs, ledges, or rocks into 
fragments, usually by means of a chisel and hammer.
    (4) Not less than 24 hours prior to harvest of aquacultured live 
rock, the owner or operator of the harvesting vessel must provide the 
following information to the NMFS Law Enforcement Office, Southeast 
Area, St. Petersburg, FL, telephone (813) 570-5344:
    (i) Permit number of site to be harvested and date of harvest.
    (ii) Name and official number of the vessel to be used in 
harvesting.
    (iii) Date, port, and facility at which aquacultured live rock will 
be landed.
    (b) Caribbean reef fish. A marine aquarium fish may be harvested in 
the Caribbean EEZ only by a hand-held dip net or by a hand-held slurp 
gun. For the purposes of this paragraph, a hand-held slurp gun is a 
device that rapidly draws seawater containing fish into a self-contained 
chamber, and a marine aquarium fish is a Caribbean reef fish that is 
smaller than 5.5 inches (14.0 cm), TL.
    (c) King and Spanish mackerel--(1) Prohibited gear. (i) In addition 
to the gear restrictions specified in Sec. 622.31, fishing gear is 
prohibited for use in the Gulf, Mid-Atlantic, and South Atlantic EEZ for 
migratory groups of king and Spanish mackerel as follows:
    (A) King mackerel, Gulf migratory group--all gear other than hook 
and line and run-around gillnet.
    (B) Spanish mackerel, Gulf and Atlantic migratory groups--purse 
seines.
    (ii) Except for the purse seine incidental catch allowance specified 
in paragraph (c)(3) of this section, a vessel in the EEZ in the area of 
a migratory group or having fished in the EEZ in such area with 
prohibited gear on board may not possess any of the species for which 
that gear is prohibited.
    (2) Gillnets--(i) King mackerel. The minimum allowable mesh size for 
a gillnet used to fish in the Gulf, Mid-Atlantic, or South Atlantic EEZ 
for king mackerel is 4.75 inches (12.1 cm), stretched mesh. A vessel in 
the EEZ, or having fished on a trip in the EEZ, with a gillnet on board 
that has a mesh size less than 4.75 inches (12.1 cm), stretched mesh, 
may possess on that trip an incidental catch of king mackerel that does 
not exceed 10 percent, by

[[Page 110]]

number, of the total lawfully possessed Spanish mackerel on board.
    (ii) Spanish mackerel. The minimum allowable mesh size for a gillnet 
used to fish in the Gulf, Mid-Atlantic, or South Atlantic EEZ for 
Spanish mackerel is 3.5 inches (8.9 cm), stretched mesh. A vessel in the 
EEZ, or having fished on a trip in the EEZ, with a gillnet on board that 
has a mesh size less than 3.5 inches (8.9 cm), stretched mesh, may not 
possess on that trip any Spanish mackerel.
    (3) Purse seine incidental catch allowance. A vessel in the EEZ, or 
having fished in the EEZ, with a purse seine on board will not be 
considered as fishing, or having fished, for king or Spanish mackerel in 
violation of a prohibition of purse seines under paragraph (c)(1)(i)(B) 
of this section, or, in the case of king mackerel from the Atlantic 
migratory group, in violation of a closure effected in accordance with 
Sec. 622.43(a), provided the king mackerel on board does not exceed 1 
percent, or the Spanish mackerel on board does not exceed 10 percent, of 
all fish on board the vessel. Incidental catch will be calculated by 
number and/or weight of fish. Neither calculation may exceed the 
allowable percentage. Incidentally caught king or Spanish mackerel are 
counted toward the quotas provided for under Sec. 622.42(c) and are 
subject to the prohibition of sale under Sec. 622.43(a)(3)(iii).
    (d) South Atlantic snapper-grouper--(1) Authorized gear. Subject to 
the gear restrictions specified in Sec. 622.31, the following are the 
only gear types authorized in directed fishing for snapper-grouper in 
the South Atlantic EEZ:
    (i) Vertical hook-and-line gear, including a hand-held rod or a rod 
attached to a vessel (``bandit'' gear), in either case, with a manual, 
electric, or hydraulic reel.
    (ii) Spearfishing gear.
    (iii) Bottom longline.
    (iv) Sea bass pot.
    (2) Unauthorized gear.  All gear types other than those specified in 
paragraph (d)(1) of this section are unauthorized gear and the following 
possession and transfer limitations apply.
    (i) A vessel with trawl gear on board that fishes in the EEZ on a 
trip may possess no more than 200 lb (90.7 kg) of South Atlantic 
snapper-grouper, excluding wreckfish, in or from the EEZ on that trip. 
It is a rebuttable presumption that a vessel with more than 200 lb (90.7 
kg) of South Atlantic snapper-grouper, excluding wreckfish, on board 
harvested such fish in the EEZ.
    (ii) Except as specified in paragraph (d)(3) of this section, a 
person aboard a vessel with unauthorized gear on board, other than trawl 
gear, that fishes in the EEZ on a trip is limited on that trip to:
    (A) South Atlantic snapper-grouper species for which a bag limit is 
specified in Sec. 622.39(d)(1)--the bag limit.
    (B) All other South Atlantic snapper-grouper--zero.
    (iii) South Atlantic snapper-grouper on board a vessel with 
unauthorized gear on board may not be transferred at sea, regardless of 
where such transfer takes place, and such snapper-grouper may not be 
transferred in the EEZ.
    (iv) No vessel may receive at sea any South Atlantic snapper-grouper 
from a vessel with unauthorized gear on board, as specified in paragraph 
(d)(2)(iii) of this section.
    (3) Use of sink nets off North Carolina. A vessel that has on board 
a commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the EEZ off North Carolina on a trip with a 
sink net on board, may retain otherwise legal South Atlantic snapper-
grouper taken on that trip with vertical hook-and-line gear or a sea 
bass pot. For the purpose of this paragraph (d)(3), a sink net is a 
gillnet with stretched mesh measurements of 3 to 4.75 inches (7.6 to 
12.1 cm) that is attached to the vessel when deployed.
    (e) South Atlantic golden crab. Traps are the only fishing gear 
authorized in directed fishing for golden crab in the South Atlantic 
EEZ. Golden crab in or from the South Atlantic EEZ may not be retained 
on board a vessel possessing or using unauthorized gear.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996]



Sec. 622.42  Quotas.

    Quotas apply for the fishing year for each species or species group. 
Except for the quotas for Gulf and South Atlantic coral, the quotas 
include species

[[Page 111]]

harvested from state waters adjoining the EEZ. Quotas for species 
managed under this part are as follows. (See Sec. 622.32 for limitations 
on taking prohibited and limited-harvest species. The limitations in 
Sec. 622.32 apply without regard to whether the species is harvested by 
a vessel operating under a commercial vessel permit or by a person 
subject to the bag limits.)
    (a) Gulf reef fish. Quotas apply to persons who fish under 
commercial vessel permits for Gulf reef fish, as required under 
Sec. 622.4(a)(2)(v).
    (1) Red snapper--4.65 million lb (2.11 million kg), round weight, 
apportioned in 1996 and 1997 as follows:
    (i) 3.06 million lb (1.39 million kg) available February 1, 1996, 
and February 1, 1997; and
    (ii) The remainder available September 15, 1996, and September 15, 
1997.
    (2) Deep-water groupers, that is, yellowedge grouper, misty grouper, 
warsaw grouper, snowy grouper, speckled hind, and, after the quota for 
shallow-water grouper is reached, scamp, combined--1.6 million lb (0.7 
million kg), round weight.
    (3) Shallow-water groupers, that is, all groupers other than deep-
water groupers and jewfish, including scamp before the quota for 
shallow-water groupers is reached, combined--9.8 million lb (4.4 million 
kg), round weight.
    (b) Gulf and South Atlantic coral--(1) Allowable octocoral. The 
quota for all persons who harvest allowable octocoral in the Gulf and 
South Atlantic EEZ is 50,000 colonies. A colony is a continuous group of 
coral polyps forming a single unit.
    (2) Wild live rock in the Gulf. The quota for all persons who 
harvest wild live rock in the Gulf EEZ is 500,000 lb (226,796 kg). 
Commencing with the fishing year that begins January 1, 1997, the quota 
is zero.
    (c) King and Spanish mackerel. King and Spanish mackerel quotas 
apply to persons who fish under commercial vessel permits for king and 
Spanish mackerel, as required under Sec. 622.4(a)(2)(iv). A fish is 
counted against the quota for the area where it is caught when it is 
first sold.
    (1) Migratory groups of king mackerel--(i) Gulf migratory group. The 
quota for the Gulf migratory group of king mackerel is 2.50 million lb 
(1.13 million kg). The Gulf migratory group is divided into eastern and 
western zones separated by 87 deg.31'06'' W. long., which is a line 
directly south from the Alabama/Florida boundary. Quotas for the eastern 
and western zones are as follows:
    (A) Eastern zone--1.73 million lb (0.78 million kg), which is 
further divided into quotas as follows:
    (1) Florida east coast subzone--865,000 lb (392,357 kg).
    (2) Florida west coast subzone--865,000 lb (392,357 kg), which is 
further divided into quotas by gear types as follows:
    (i) 432,500 lb (196,179 kg) for vessels fishing with hook-and-line 
gear.
    (ii) 432,500 lb (196,179 kg) for vessels fishing with run-around 
gillnets.
    (3) The Florida east coast subzone is that part of the eastern zone 
north of 25 deg.20.4' N. lat., which is a line directly east from the 
Dade/Monroe County, FL, boundary, and the Florida west coast subzone is 
that part of the eastern zone south and west of 25 deg.20.4' N. lat.
    (B) Western zone--0.77 million lb (0.35 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of king mackerel is 2.70 million lb (1.22 million kg). No more 
than 0.4 million lb (0.18 million kg) may be harvested by purse seines.
    (2) Migratory groups of Spanish mackerel--(i) Gulf migratory group. 
The quota for the Gulf migratory group of Spanish mackerel is 4.90 
million lb (2.22 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of Spanish mackerel is 4.70 million lb (2.13 million kg).
    (d) Royal red shrimp in the Gulf. The quota for all persons who 
harvest royal red shrimp in the Gulf is 392,000 lb (177.8 mt), tail 
weight.
    (e) South Atlantic snapper-grouper, excluding wreckfish. The quotas 
apply to persons who are not subject to the bag limits. (See 
Sec. 622.39(a)(1) for applicability of the bag limits.)
    (1) Snowy grouper--344,508 lb (156,266 kg), gutted weight, that is, 
eviscerated but otherwise whole.
    (2) Golden tilefish--1,001,663 lb (454,347 kg), gutted weight, that 
is, eviscerated but otherwise whole.

[[Page 112]]

    (f) Wreckfish. The quota for wreckfish applies to wreckfish 
shareholders, or their employees, contractors, or agents, and is 2 
million lb (907,185 kg), round weight. See Sec. 622.15 for information 
on the wreckfish shareholder under the ITQ system.

[61 FR 34934, July 3, 1996, as amended at 61 FR 48643, Sept. 16, 1996]



Sec. 622.43  Closures.

    (a) General. When a quota specified in Sec. 622.42 is reached, or is 
projected to be reached, the Assistant Administrator will file a 
notification to that effect with the Office of the Federal Register. On 
and after the effective date of such notification, for the remainder of 
the fishing year, the following closure restrictions apply:
    (1) Gulf reef fish. The bag and possession limits specified in 
Sec. 622.39(b) apply to all harvest in the Gulf EEZ of the indicated 
species, and the sale or purchase of the indicated species taken from 
the Gulf EEZ is prohibited.
    (2) Gulf and South Atlantic coral--(i) Allowable octocoral. 
Allowable octocoral may not be harvested or possessed in the Gulf or 
South Atlantic EEZ and the sale or purchase of allowable octocoral in or 
from the Gulf or South Atlantic EEZ is prohibited.
    (ii) Wild live rock in the Gulf. Wild live rock may not be harvested 
or possessed in the Gulf EEZ and the sale or purchase of wild live rock 
in or from the Gulf EEZ is prohibited.
    (3) King and Spanish mackerel. The closure provisions of this 
paragraph (a)(3) do not apply to Atlantic migratory group Spanish 
mackerel, which are managed under the commercial trip limits specified 
in Sec. 622.44(b) in lieu of the closure provisions of this section.
    (i) A person aboard a vessel for which a commercial permit for king 
and Spanish mackerel has been issued, as required under 
Sec. 622.4(a)(2)(iv), may not fish for king or Spanish mackerel in the 
EEZ or retain fish in or from the EEZ under a bag or possession limit 
specified in Sec. 622.39(c) for the closed species, migratory group, 
zone, subzone, or gear type, except as provided for under paragraph 
(a)(3)(ii) of this section.
    (ii) A person aboard a vessel for which the permit indicates both 
commercial king and Spanish mackerel and charter vessel/headboat for 
coastal migratory pelagic fish may continue to retain fish under a bag 
and possession limit specified in Sec. 622.39(c), provided the vessel is 
operating as a charter vessel or headboat.
    (iii) The sale or purchase of king or Spanish mackerel of the closed 
species, migratory group, zone, subzone, or gear type is prohibited, 
including such king or Spanish mackerel taken under the bag limits.
    (4) Royal red shrimp in the Gulf. Royal red shrimp in or from the 
Gulf EEZ may not be retained, and the sale or purchase of royal red 
shrimp taken from the Gulf EEZ is prohibited.
    (5) South Atlantic snapper-grouper, excluding wreckfish. There are 
no closure provisions for South Atlantic snapper grouper, other than for 
wreckfish. Golden tilefish and snowy grouper, for which there are 
quotas, are managed under the commercial trip limits specified in 
Sec. 622.44(a) in lieu of the closure provisions of this section.
    (6) Wreckfish. Wreckfish in or from the South Atlantic EEZ may not 
be retained, and the sale or purchase of wreckfish taken from the South 
Atlantic EEZ is prohibited.
    (b) Exception to prohibition on sale/purchase. (1) The prohibition 
on sale/purchase during a closure for Gulf reef fish, king and Spanish 
mackerel, royal red shrimp, or wreckfish in paragraph (a)(1), 
(a)(3)(iii), (a)(4), or (a)(6) of this section does not apply to the 
indicated species that were harvested, landed ashore, and bartered, 
traded, or sold prior to the effective date of the closure and were held 
in cold storage by a dealer or processor.
    (2) The prohibition on sale/purchase during a closure for allowable 
octocoral or wild live rock in paragraph (a)(2)(i) or (a)(2)(ii) of this 
section does not apply to allowable octocoral or wild live rock that was 
harvested and landed ashore prior to the effective date of the closure.



Sec. 622.44  Commercial trip limits.

    Commercial trip limits are limits on the amount of the applicable 
species that may be possessed on board or

[[Page 113]]

landed, purchased, or sold from a vessel per day. A person who fishes in 
the EEZ may not combine a trip limit specified in this section with any 
trip or possession limit applicable to state waters. A species subject 
to a trip limit specified in this section taken in the EEZ may not be 
transferred at sea, regardless of where such transfer takes place, and 
such species may not be transferred in the EEZ. For fisheries governed 
by this part, commercial trip limits apply as follows:
    (a) King mackerel--(1) Atlantic group. (i) North of 29 deg.25' N. 
lat., which is a line directly east from the Flagler/Volusia County, FL, 
boundary, king mackerel in or from the EEZ may not be possessed on board 
or landed from a vessel in a day in amounts exceeding 3,500 lb (1,588 
kg).
    (ii) In the area between 29 deg.25' N. lat. and 28 deg.47.8' N. 
lat., which is a line directly east from the Volusia/Brevard County, FL 
boundary, king mackerel in or from the EEZ may not be possessed on board 
or landed from a vessel in a day in amounts exceeding 3,500 lb (1,588 
kg) from April 1 through October 31.
    (iii) In the area between 28 deg.47.8' N. lat. and 25 deg.20.4' N. 
lat., which is a line directly east from the Dade/Monroe County, FL 
boundary, king mackerel in or from the EEZ may not be possessed on board 
or landed from a vessel in a day in amounts exceeding 500 lb (227 kg) 
from April 1 through October 31.
    (iv) In the area between 25 deg.20.4' N. lat. and 25 deg.48' N. 
lat., which is a line directly west from the Monroe/Collier County, FL 
boundary, king mackerel in or from the EEZ may not be possessed on board 
or landed from a vessel in a day in amounts exceeding 1,250 lb (567 kg) 
from April 1 through October 31.
    (2) Gulf group. Commercial trip limits are established in the 
eastern zone as follows. (See Sec. 622.42(c)(1)(i) for specification of 
the eastern zone and Sec. 622.42(c)(1)(i)(A)(3) for specifications of 
the subzones in the eastern zone.)
    (i) Florida east coast subzone. In the Florida east coast subzone, 
king mackerel in or from the EEZ may be possessed on board or landed 
from a vessel for which a commercial permit for king and Spanish 
mackerel has been issued, as required under Sec. 622.4(a)(2)(iv)--
    (A) From November 1, each fishing year, until 75 percent of the 
subzone's fishing year quota of king mackerel has been harvested--in 
amounts not exceeding 50 king mackerel per day.
    (B) From the date that 75 percent of the subzone's fishing year 
quota of king mackerel has been harvested until a closure of the Florida 
east coast subzone has been effected under Sec. 622.43(a)--in amounts 
not exceeding 25 king mackerel per day. However, if 75 percent of the 
subzone's quota has not been harvested by March 1, the vessel limit 
remains at 50 king mackerel per day until the subzone's quota is filled 
or until March 31, whichever occurs first.
    (ii) Florida west coast subzone--(A) Gillnet gear. (1) In the 
Florida west coast subzone, king mackerel in or from the EEZ may be 
possessed on board or landed from a vessel for which a commercial permit 
with a gillnet endorsement has been issued, as required under 
Sec. 622.4(a)(2)(ii), from July 1, each fishing year, until a closure of 
the Florida west coast subzone's fishery for vessels fishing with run-
around gillnets has been effected under Sec. 622.43(a)--in amounts not 
exceeding 25,000 lb (11,340 kg) per day.
    (2) In the Florida west coast subzone:
    (i) King mackerel in or from the EEZ may be possessed on board or 
landed from a vessel that uses or has on board a run-around gillnet on a 
trip only when such vessel has on board a commercial permit for king and 
Spanish mackerel with a gillnet endorsement.
    (ii) King mackerel from the west coast subzone landed by a vessel 
for which such commercial permit with endorsement has been issued will 
be counted against the run-around gillnet quota of 
Sec. 622.42(c)(1)(i)(A)(2)(ii).
    (iii) King mackerel in or from the EEZ harvested with gear other 
than run-around gillnet may not be retained on board a vessel for which 
such commercial permit with endorsement has been issued.
    (B) Hook-and-line gear. In the Florida west coast subzone, king 
mackerel in or from the EEZ may be possessed on board or landed from a 
vessel with a

[[Page 114]]

commercial permit for king and Spanish mackerel, as required by 
Sec. 622.4(a)(2)(iv), and operating under the hook-and-line gear quota 
in Sec. 622.42(c)(1)(i)(A)(2)(i):
    (1) From July 1, each fishing year, until 75 percent of the 
subzone's hook-and-line gear quota has been harvested--in amounts not 
exceeding 125 king mackerel per day.
    (2) From the date that 75 percent of the subzone's hook-and-line 
gear quota has been harvested until a closure of the west coast 
subzone's hook-and-line fishery has been effected under Sec. 622.43(a)--
in amounts not exceeding 50 king mackerel per day.
    (iii) Notice of trip limit changes. The Assistant Administrator, by 
filing a notification of trip limit change with the Office of the 
Federal Register, will effect the trip limit changes specified in 
paragraphs (a)(2)(i) and (a)(2)(ii)(B) of this section when the 
requisite harvest level has been reached or is projected to be reached.
    (b) Spanish mackerel. (1) Commercial trip limits are established for 
Atlantic migratory group Spanish mackerel as follows:
    (i) North of 30 deg.42'45.6'' N. lat., which is a line directly east 
from the Georgia/Florida boundary, Spanish mackerel in or from the EEZ 
may not be possessed on board or landed in a day from a vessel for which 
a permit for king and Spanish mackerel has been issued, as required 
under Sec. 622.4(a)(2)(iv), in amounts exceeding 3,500 lb (1,588 kg).
    (ii) South of 30 deg.42'45.6'' N. lat., Spanish mackerel in or from 
the EEZ may not be possessed on board or landed in a day from a vessel 
for which a permit for king and Spanish mackerel has been issued, as 
required under Sec. 622.4(a)(2)(iv)--
    (A) From April 1 through November 30, in amounts exceeding 1,500 lb 
(680 kg).
    (B) From December 1 until 75 percent of the adjusted quota is taken, 
in amounts as follows:
    (1) Mondays, Wednesdays, and Fridays--unlimited.
    (2) Tuesdays and Thursdays--not exceeding 1,500 lb (680 kg).
    (3) Saturdays and Sundays--not exceeding 500 lb (227 kg).
    (C) After 75 percent of the adjusted quota is taken until 100 
percent of the adjusted quota is taken, in amounts not exceeding 1,000 
lb (454 kg).
    (D) After 100 percent of the adjusted quota is taken through the end 
of the fishing year, in amounts not exceeding 500 lb (227 kg).
    (2) For the purpose of paragraph (b)(1)(ii) of this section, the 
adjusted quota is 4.45 million lb (2.02 million kg). The adjusted quota 
is the quota for Atlantic migratory group Spanish mackerel reduced by an 
amount calculated to allow continued harvests of Atlantic migratory 
group Spanish mackerel at the rate of 500 lb (227 kg) per vessel per day 
for the remainder of the fishing year after the adjusted quota is 
reached. By filing a notification with the Office of the Federal 
Register, the Assistant Administrator will announce when 75 percent and 
100 percent of the adjusted quota is reached or is projected to be 
reached.
    (3) For the purpose of paragraph (b)(1)(ii) of this section, a day 
starts at 6 a.m., local time, and extends for 24 hours. If a vessel 
terminates a trip prior to 6 a.m., but retains Spanish mackerel on board 
after that time, the Spanish mackerel retained on board will not be 
considered in possession during the succeeding day, provided the vessel 
is not underway between 6 a.m. and the time such Spanish mackerel are 
unloaded, and provided such Spanish mackerel are unloaded prior to 6 
p.m.
    (c) Golden tilefish and snowy grouper. A person who fishes in the 
South Atlantic EEZ on a trip and who is not subject to the bag limits 
may not exceed the following trip limits. (See Sec. 622.39(a) for 
applicability of the bag limits.)
    (1) Golden tilefish (round weight or gutted weight, that is, 
eviscerated but otherwise whole):
    (i) Until the fishing year quota specified in Sec. 622.42(e)(2) is 
reached, 5,000 lb (2,268 kg).
    (ii) After the fishing year quota specified in Sec. 622.42(e)(2) is 
reached, 300 lb (136 kg).
    (2) Snowy grouper (round weight or gutted weight, that is, 
eviscerated but otherwise whole):

[[Page 115]]

    (i) Until the fishing year quota specified in Sec. 622.42(e)(1) is 
reached, 2,500 lb (1,134 kg).
    (ii) After the fishing year quota specified in Sec. 622.42(e)(1) is 
reached, 300 lb (136 kg).
    (d) Gulf wild live rock. Until the quota for wild live rock from the 
Gulf EEZ is reached in 1996, a daily vessel limit of twenty-five 5-
gallon (19-L) buckets, or volume equivalent (16.88 ft\3\ (478.0 L)), 
applies to the harvest or possession of wild live rock in or from the 
Gulf EEZ, regardless of the number or duration of trips.
    (e) Gulf red snapper. This paragraph (e) is effective through 
December 31, 1997.
    (1) Except as provided in paragraph (e)(2) of this section, the trip 
limit for red snapper in or from the Gulf for a vessel that has on board 
a valid commercial permit for Gulf reef fish is 200 lb (91 kg), round or 
eviscerated weight.
    (2) The trip limit for red snapper in or from the Gulf for a vessel 
that has on board a valid commercial permit for Gulf reef fish and a 
valid Gulf red snapper endorsement is 2,000 lb (907 kg), round or 
eviscerated weight.
    (3) As a condition of a commercial vessel permit for Gulf reef fish, 
as required under Sec. 622.4(a)(2)(v), without regard to where red 
snapper are harvested or possessed, a vessel with such permit--
    (i) May not possess red snapper in or from the Gulf in excess of the 
appropriate vessel trip limit, as specified in paragraph (e)(1) or 
(e)(2) of this section.
    (ii) May not transfer at sea red snapper in or from the Gulf.

[61 FR 34934, July 3, 1996, as amended at 61 FR 48415, Sept. 13, 1996; 
61 FR 48851, Sept. 17, 1996]



Sec. 622.45  Restrictions on sale/purchase.

    In addition to restrictions on sale/purchase related to closures, as 
specified in Sec. 622.43 (a) and (b), restrictions on sale and/or 
purchase apply as follows.
    (a) Caribbean coral reef resource. (1) No person may sell or 
purchase a Caribbean prohibited coral harvested in the Caribbean EEZ.
    (2) A Caribbean prohibited coral that is sold in Puerto Rico or the 
U.S. Virgin Islands will be presumed to have been harvested in the 
Caribbean EEZ, unless it is accompanied by documentation showing that it 
was harvested elsewhere. Such documentation must contain:
    (i) The information specified in subpart K of part 300 of this title 
for marking containers or packages of fish or wildlife that are 
imported, exported, or transported in interstate commerce.
    (ii) The name and home port of the vessel, or the name and address 
of the individual, harvesting the Caribbean prohibited coral.
    (iii) The port and date of landing the Caribbean prohibited coral.
    (iv) A statement signed by the person selling the Caribbean 
prohibited coral attesting that, to the best of his or her knowledge, 
information, and belief, such Caribbean prohibited coral was harvested 
other than in the Caribbean EEZ or the waters of Puerto Rico or the U.S. 
Virgin Islands.
    (b) Caribbean reef fish. A live red hind or live mutton snapper in 
or from the Caribbean EEZ may not be sold or purchased and used in the 
marine aquarium trade.
    (c) Gulf reef fish. (1) A Gulf reef fish harvested in the EEZ on 
board a vessel that does not have a valid commercial permit for Gulf 
reef fish, as required under Sec. 622.4(a)(2)(v), or a Gulf reef fish 
possessed under the bag limits specified in Sec. 622.39(b), may not be 
sold or purchased.
    (2) A Gulf reef fish harvested on board a vessel that has a valid 
commercial permit for Gulf reef fish may be sold only to a dealer who 
has a valid permit for Gulf reef fish, as required under 
Sec. 622.4(a)(4).
    (3) A Gulf reef fish harvested in the EEZ may be purchased by a 
dealer who has a valid permit for Gulf reef fish, as required under 
Sec. 622.4(a)(4), only from a vessel that has a valid commercial permit 
for Gulf reef fish.
    (d) South Atlantic snapper-grouper. (1) A person may sell South 
Atlantic snapper-grouper harvested in the EEZ only to a dealer who has a 
valid permit for South Atlantic snapper-grouper, as required under 
Sec. 622.4(a)(4).
    (2) A person may purchase South Atlantic snapper-grouper harvested 
in the EEZ only from a vessel that has a valid commercial permit for 
South Atlantic

[[Page 116]]

snapper-grouper, as required under Sec. 622.4(a)(2)(iv), or from a 
person who has a valid commercial license to sell fish in the state 
where the purchase occurs.
    (3) Except for the sale or purchase of South Atlantic snapper-
grouper harvested by a vessel that has a valid commercial permit for 
South Atlantic snapper-grouper, the sale or purchase of such fish is 
limited to the bag limits specified in Sec. 622.39(d)(1).
    (4) A warsaw grouper or speckled hind in or from the South Atlantic 
EEZ may not be sold or purchased.
    (e) South Atlantic wild live rock. Wild live rock in or from the 
South Atlantic EEZ may not be sold or purchased. The prohibition on sale 
or purchase does not apply to wild live rock that was harvested and 
landed prior to January 1, 1996.
    (f) South Atlantic golden crab. (1) A female golden crab in or from 
the South Atlantic EEZ may not be sold or purchased.
    (2) A golden crab harvested in the South Atlantic EEZ on board a 
vessel that does not have a valid commercial permit for golden crab, as 
required under Sec. 622.17(a), may not be sold or purchased.
    (3) A golden crab harvested on board a vessel that has a valid 
commercial permit for golden crab may be sold only to a dealer who has a 
valid permit for golden crab, as required under Sec. 622.4(a)(4).
    (4) A golden crab harvested in the South Atlantic EEZ may be 
purchased by a dealer who has a valid permit for golden crab, as 
required under Sec. 622.4(a)(4), only from a vessel that has a valid 
commercial permit for golden crab.
    (g) South Atlantic rock shrimp. (1) Rock shrimp harvested in the 
South Atlantic EEZ on board a vessel that does not have a valid 
commercial permit for rock shrimp, as required under 
Sec. 622.4(a)(2)(viii), may not be transferred, received, sold, or 
purchased.
    (2) Rock shrimp harvested on board a vessel that has a valid 
commercial permit for rock shrimp may be transferred or sold only to a 
dealer who has a valid permit for rock shrimp, as required under 
Sec. 622.4(a)(4).
    (3) Rock shrimp harvested in the South Atlantic EEZ may be received 
or purchased by a dealer who has a valid permit for rock shrimp, as 
required under Sec. 622.4(a)(4), only from a vessel that has a valid 
commercial permit for rock shrimp.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996; 61 
FR 47449, Sept. 9, 1996]
    Effective Date Notes:1. At 61 FR 43960, Aug. 27, 1996, Sec. 622.45 
was amended by adding paragraphs (f)(2) through (f)(4), effective Oct. 
28, 1996.

    2. At 61 FR 47449, Sept. 9, 1996, Sec. 622.45 was amended by adding 
paragraph (g), effective Nov. 1, 1996.



Sec. 622.46  Prevention of gear conflicts.

    (a) No person may knowingly place in the Gulf EEZ any article, 
including fishing gear, that interferes with fishing or obstructs or 
damages fishing gear or the fishing vessel of another; or knowingly use 
fishing gear in such a fashion that it obstructs or damages the fishing 
gear or fishing vessel of another.
    (b) In accordance with the procedures and restrictions of the FMP 
for the Shrimp Fishery of the Gulf of Mexico, the RD may modify or 
establish separation zones for shrimp trawling and the use of fixed gear 
to prevent gear conflicts. Necessary prohibitions or restrictions will 
be published in the Federal Register.
    (c) In accordance with the procedures and restrictions of the FMP 
for Coastal Migratory Pelagic Resources, when the RD determines that a 
conflict exists in the king mackerel fishery between hook-and-line and 
gillnet fishermen in the South Atlantic EEZ off the east coast of 
Florida between 27 deg.00.6' N. lat. and 27 deg.50.0' N. lat., the RD 
may prohibit or restrict the use of hook-and-line and/or gillnets in all 
or a portion of that area. Necessary prohibitions or restrictions will 
be published in the Federal Register.



Sec. 622.47  Gulf groundfish trawl fishery.

    Gulf groundfish trawl fishery means fishing in the Gulf EEZ by a 
vessel that uses a bottom trawl, the unsorted catch of which is ground 
up for animal feed or industrial products.

[[Page 117]]

    (a) Other provisions of this part notwithstanding, the owner or 
operator of a vessel in the Gulf groundfish trawl fishery is exempt from 
the following requirements and limitations for the vessel's unsorted 
catch of Gulf reef fish:
    (1) The requirement for a valid commercial vessel permit for Gulf 
reef fish in order to sell Gulf reef fish.
    (2) Minimum size limits for Gulf reef fish.
    (3) Bag limits for Gulf reef fish.
    (4) The prohibition on sale of Gulf reef fish after a quota closure.
    (b) Other provisions of this part notwithstanding, a dealer in a 
Gulf state is exempt from the requirement for a dealer permit for Gulf 
reef fish to receive Gulf reef fish harvested from the Gulf EEZ by a 
vessel in the Gulf groundfish trawl fishery.



Sec. 622.48  Adjustment of management measures.

    In accordance with the framework procedures of the applicable FMPs, 
the RD may establish or modify the following management measures:
    (a) Caribbean coral reef resources. Species for which management 
measures may be specified; prohibited species; harvest limitations, 
including quotas, trip, or daily landing limits; gear restrictions; 
closed seasons or areas; and marine conservation districts.
    (b) Caribbean reef fish. Size limits, closed seasons or areas, fish 
trap mesh size, and the threshold level for overfishing.
    (c) Coastal migratory pelagic fish. For cobia or for migratory 
groups of king or Spanish mackerel: MSY, TAC, quotas, bag limits, size 
limits, vessel trip limits, closed seasons or areas, gear restrictions, 
and initial permit requirements.
    (d) Gulf reef fish. (1) For species or species groups: Target dates 
for rebuilding overfished species, TAC, bag limits, size limits, vessel 
trip limits, closed seasons or areas, gear restrictions, and quotas.
    (2) SMZs and the gear restrictions applicable in each.
    (e) Gulf royal red shrimp. MSY, OY, and TAC.
    (f) South Atlantic snapper-grouper and wreckfish. For species or 
species groups: Target dates for rebuilding overfished species, MSY, 
ABC, TAC, quotas, trip limits, bag limits, minimum sizes, gear 
restrictions (ranging from regulation to complete prohibition), and 
seasonal or area closures.
    (g) South Atlantic golden crab. MSY, ABC, TAC, quotas (including 
quotas equal to zero), trip limits, minimum sizes, gear regulations and 
restrictions, permit requirements, seasonal or area closures, time frame 
for recovery of golden crab if overfished, fishing year (adjustment not 
to exceed 2 months), observer requirements, and authority for the RD to 
close the fishery when a quota is reached or is projected to be reached.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996]

                 Appendix A to Part 622--Species Tables

    Table 1 of Appendix A to Part 622--Caribbean Coral Reef Resources

I. Sponges--Phylum Porifera
    A. Demosponges--Class Demospongiae
    Aphimedon compressa, Erect rope sponge
    Chondrilla nucula, Chicken liver sponge
    Cynachirella alloclada
    Geodia neptuni, Potato sponge
    Haliclona sp., Finger sponge
    Myriastra sp.
    Niphates digitalis, Pink vase sponge
    N. erecta, Lavender rope sponge
    Spinosella policifera
    S. vaginalis
    Tethya crypta
II. Coelenterates--Phylum Coelenterata
    A. Hydrocorals--Class Hydrozoa
    1. Hydroids--Order Athecatae
    Family Milleporidae
    Millepora spp., Fire corals
    Family Stylasteridae
    Stylaster roseus, Rose lace corals
    B. Anthozoans--Class Anthozoa
    1. Soft corals--Order Alcyonacea
    Family Anthothelidae
    Erythropodium caribaeorum, Encrusting gorgonian
    Iciligorgia schrammi, Deepwater sea fan
    Family Briaridae
    Briareum asbestinum, Corky sea finger
    Family Clavulariidae
    Carijoa riisei
    Telesto spp.
    2. Gorgonian corals--Order Gorgonacea
    Family Ellisellidae
    Ellisella spp., Sea whips
    Family Gorgoniidae
    Gorgonia flabellum, Venus sea fan
    G. mariae, Wide-mesh sea fan
    G. ventalina, Common sea fan

[[Page 118]]

    Pseudopterogorgia acerosa, Sea plume
    P. albatrossae
    P. americana, Slimy sea plume
    P. bipinnata, Bipinnate plume
    P. rigida
    Pterogorgia anceps, Angular sea whip
    P. citrina, Yellow sea whip
    Family Plexauridae
    Eunicea calyculata, Warty sea rod
    E. clavigera
    E. fusca, Doughnut sea rod
    E. knighti
    E. laciniata
    E. laxispica
    E. mammosa, Swollen-knob
    E. succinea, Shelf-knob sea rod
    E. touneforti
    Muricea atlantica
    M. elongata, Orange spiny rod
    M. laxa, Delicate spiny rod
    M. muricata, Spiny sea fan
    M. pinnata, Long spine sea fan
    Muriceopsis sp.
    M. flavida, Rough sea plume
    M. sulphurea
    Plexaura flexuosa, Bent sea rod
    P. homomalla, Black sea rod
    Plexaurella dichotoma, Slit-pore sea rod
    P. fusifera
    P. grandiflora
    P. grisea
    P. nutans, Giant slit-pore
    Pseudoplexaura crucis
    P. flagellosa
    P. porosa, Porous sea rod
    P. wagenaari
    3. Hard Corals--Order Scleractinia
    Family Acroporidae
    Acropora cervicornis, Staghorn coral
    A. palmata, Elkhorn coral
    A. prolifera, Fused staghorn
    Family Agaricidae
    Agaricia agaricities, Lettuce leaf coral
    A. fragilis, Fragile saucer
    A. lamarcki, Lamarck's sheet
    A. tenuifolia, Thin leaf lettuce
    Leptoseris cucullata, Sunray lettuce
    Family Astrocoeniidae
    Stephanocoenia michelinii, Blushing star
    Family Caryophyllidae
    Eusmilia fastigiata, Flower coral
    Tubastrea aurea, Cup coral
    Family Faviidae
    Cladocora arbuscula, Tube coral
    Colpophyllia natans, Boulder coral
    Diploria clivosa, Knobby brain coral
    D. labyrinthiformis, Grooved brain
    D. strigosa, Symmetrical brain
    Favia fragum, Golfball coral
    Manicina areolata, Rose coral
    M. mayori, Tortugas rose coral
    Montastrea annularis, Boulder star coral
    M. cavernosa, Great star coral
    Solenastrea bournoni, Smooth star coral
    Family Meandrinidae
    Dendrogyra cylindrus, Pillar coral
    Dichocoenia stellaris, Pancake star
    D. stokesi, Elliptical star
    Meandrina meandrites, Maze coral
    Family Mussidae
    Isophyllastrea rigida, Rough star coral
    Isophyllia sinuosa, Sinuous cactus
    Mussa angulosa, Large flower coral
    Mycetophyllia aliciae, Thin fungus coral
    M. danae, Fat fungus coral
    M. ferox, Grooved fungus
    M. lamarckiana, Fungus coral
    Scolymia cubensis, Artichoke coral
    S. lacera, Solitary disk
    Family Oculinidae
    Oculina diffusa, Ivory bush coral
    Family Pocilloporidae
    Madracis decactis, Ten-ray star coral
    M. mirabilis, Yellow pencil
    Family Poritidae
    Porites astreoides, Mustard hill coral
    P. branneri, Blue crust coral
    P. divaricata, Small finger coral
    P. porites, Finger coral
    Family Rhizangiidae
    Astrangia solitaria, Dwarf cup coral
    Phyllangia americana, Hidden cup coral
    Family Siderastreidae
    Siderastrea radians, Lesser starlet
    S. siderea, Massive starlet
    4. Black Corals--Order Antipatharia
    Antipathes spp., Bushy black coral
    Stichopathes spp., Wire coral
    5. Anemones--Order Actiniaria
    Aiptasia tagetes, Pale anemone
    Bartholomea annulata, Corkscrew anemone
    Condylactis gigantea, Giant pink-tipped anemone
    Hereractis lucida, Knobby anemone
    Lebrunia spp., Staghorn anemone
    Stichodactyla helianthus, Sun anemone
    6. Colonial Anemones--Order Zoanthidea
    Zoanthus spp., Sea mat
    7. False Corals--Order Corallimorpharia
    Discosoma spp. (formerly Rhodactis), False coral
    Ricordia florida, Florida false coral
III. Annelid Worms--Phylum Annelida
    A. Polychaetes--Class Polychaeta
    Family Sabellidae, Feather duster worms
    Sabellastarte spp., Tube worms
    S. magnifica, Magnificent duster
    Family Serpulidae
    Spirobranchus giganteus, Christmas tree worm
IV. Mollusks--Phylum Mollusca
    A. Gastropods--Class Gastropoda
    Family Elysiidae
    Tridachia crispata, Lettuce sea slug
    Family Olividae
    Oliva reticularis, Netted olive
    Family Ovulidae
    Cyphoma gibbosum, Flamingo tongue
    Family Ranellidae
    Charonia tritonis, Atlantic triton trumpet
    Family Strombidae, Winged conchs
    Strombus spp. (except Queen conch, S. gigas)
    B. Bivalves--Class Bivalvia
    Family Limidae

[[Page 119]]

    Lima spp., Fileclams
    L. scabra, Rough fileclam
    Family Spondylidae
    Spondylus americanus, Atlantic thorny oyster
    C. Cephalopods--Class Cephalopoda
    1. Octopuses--Order Octopoda
    Family Octopodidae
    Octopus spp. (except the Common octopus, O. vulgaris)
V. Arthropods--Phylum Arthropoda
    A. Crustaceans--Subphylum Crustacea
    1. Decapods--Order Decapoda
    Family Alpheidae
    Alpheaus armatus, Snapping shrimp
    Family Diogenidae
    Paguristes spp., Hermit crabs
    P. cadenati, Red reef hermit
    Family Grapsidae
    Percnon gibbesi, Nimble spray crab
    Family Hippolytidae
    Lysmata spp., Peppermint shrimp
    Thor amboinensis, Anemone shrimp
    Family Majidae, Coral crabs
    Mithrax spp., Clinging crabs
    M. cinctimanus, Banded clinging
    M. sculptus, Green clinging
    Stenorhynchus seticornis, Yellowline arrow
    Family Palaemonida
    Periclimenes spp., Cleaner shrimp
    Family Squillidae, Mantis crabs
    Gonodactylus spp.
    Lysiosquilla spp.
    Family Stenopodidae, Coral shrimp
    Stenopus hispidus, Banded shrimp
    S. scutellatus, Golden shrimp
VI. Bryozoans--Phylum Bryozoa
VII. Echinoderms--Phylum Echinodermata
    A. Feather stars--Class Crinoidea
    Analcidometra armata, Swimming crinoid
    Davidaster spp., Crinoids
    Nemaster spp., Crinoids
    B. Sea stars--Class Asteroidea
    Astropecten spp., Sand stars
    Linckia guildingii, Common comet star
    Ophidiaster guildingii, Comet star
    Oreaster reticulatus, Cushion sea star
    C. Brittle and basket stars--Class Ophiuroidea
    Astrophyton muricatum, Giant basket star
    Ophiocoma spp., Brittlestars
    Ophioderma spp., Brittlestars
    O. rubicundum, Ruby brittlestar
    D. Sea Urchins--Class Echinoidea
    Diadema antillarum, Long-spined urchin
    Echinometra spp., Purple urchin
    Eucidaris tribuloides, Pencil urchin
    Lytechinus spp., Pin cushion urchin
    Tripneustes ventricosus, Sea egg
    E. Sea Cucumbers--Class Holothuroidea
    Holothuria spp., Sea cucumbers
VIII. Chordates--Phylum Chordata
    A. Tunicates--Subphylum Urochordata
IX. Green Algae--Phylum Chlorophyta
    Caulerpa spp., Green grape algae
    Halimeda spp., Watercress algae
    Penicillus spp., Neptune's brush
    Udotea spp., Mermaid's fan
    Ventricaria ventricosa, Sea pearls
X. Red Algae--Phylum Rhodophyta
XI. Sea grasses--Phylum Angiospermae
    Halodule wrightii, Shoal grass
    Halophila spp., Sea vines
    Ruppia maritima, Widgeon grass
    Syringodium filiforme, Manatee grass
    Thalassia testudium, Turtle grass

         Table 2 of Appendix A to Part 622--Caribbean Reef Fish

Acanthuridae--Surgeonfishes
    Ocean surgeonfish, Acanthurus bahianus
    Doctorfish, Acanthurus chirurgus
    Blue tang, Acanthurus coeruleus
Antennariidae--Frogfishes
    Frogfish, Antennarius spp.
Apogonidae--Cardinalfishes
    Flamefish, Apogon maculatus
    Conchfish, Astrapogen stellatus
Aulostomidae--Trumpetfishes 
    Trumpetfish, Aulostomus maculatus
    Balistidae--Leatherjackets
    Scrawled filefish, Aluterus scriptus
    Queen triggerfish, Balistes vetula
    Whitespotted filefish, Cantherhines macrocerus
    Ocean triggerfish, Canthidermis sufflamen
    Black durgon, Melichthys niger
    Sargassum triggerfish, Xanthichthys rigens
Blenniidae--Combtooth blennies
    Redlip blenny, Ophioblennius atlanticus
Bothidae--Lefteye flounders
    Peacock flounder, Bothus lunatus
Carangidae--Jacks
    Yellow jack, Caranx bartholomaei
    Blue runner, Caranx crysos
    Horse-eye jack, Caranx latus
    Black jack, Caranx lugubris
    Bar jack, Caranx ruber
    Greater amberjack, Seriola dumerili
    Almaco jack, Seriola rivoliana
Chaetodontidae--Butterflyfishes
    Longsnout butterflyfish, Chaetodon aculeatus
    Foureye butterflyfish, Chaetodon capistratus
    Spotfin butterflyfish, Chaetodon ocellatus
    Banded butterflyfish, Chaetodon striatus
Cirrhitidae--Hawkfishes
    Redspotted hawkfish, Amblycirrhitus pinos
Dactylopteridae--Flying gurnards
    Flying gurnard, Dactylopterus volitans
Ephippidae--Spadefishes
    Atlantic spadefish, Chaetodipterus faber
Gobiidae--Gobies
    Neon goby, Gobiosoma oceanops
    Rusty goby, Priolepis hipoliti
Grammatidae--Basslets
    Royal gramma, Gramma loreto
Haemulidae--Grunts
    Porkfish, Anisotremus virginicus
    Margate, Haemulon album
    Tomtate, Haemulon aurolineatum
    French grunt, Haemulon flavolineatum
    White grunt, Haemulon plumieri

[[Page 120]]

    Bluestriped grunt, Haemulon sciurus
Holocentridae--Squirrelfishes
    Squirrelfish, Holocentrus adscensionis
    Longspine squirrelfish, Holocentrus rufus
    Blackbar soldierfish, Myripristis jacobus
    Cardinal soldierfish, Plectrypops retrospinis
Labridae--Wrasses
    Spanish hogfish, Bodianus rufus
    Creole wrasse, Clepticus parrae
    Yellowcheek wrasse, Halichoeres cyanocephalus
    Yellowhead wrasse, Halichoeres garnoti
    Clown wrasse, Halichoeres maculipinna
    Puddingwife, Halichoeres radiatus
    Pearly razorfish, Hemipteronotus novacula
    Green razorfish, Hemipteronotus splendens
    Hogfish, Lachnolaimus maximus
    Bluehead wrasse, Thalassoma bifasciatum
Lutjanidae--Snappers
    Black snapper, Apsilus dentatus
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Schoolmaster, Lutjanus apodus
    Blackfin snapper, Lutjanus buccanella
    Gray snapper, Lutjanus griseus
    Dog snapper, Lutjanus jocu
    Mahogany snapper, Lutjanus mahogani
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Wenchman, Pristipomoides aquilonaris
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Blackline tilefish, Caulolatilus cyanops
    Sand tilefish, Malacanthus plumieri
Mullidae--Goatfishes
    Yellow goatfish, Mulloidichthys martinicus
    Spotted goatfish, Pseudupeneus maculatus
Muraenidae--Morays
    Chain moray, Echidna catenata
    Green moray, Gymnothorax funebris
    Goldentail moray, Gymnothorax miliaris
Ogcocephalidae--Batfishes
    Batfish, Ogcocepahalus spp.
Ophichthidae--Snake eels
    Goldspotted eel, Myrichthys ocellatus
Opistognathidae--Jawfishes
    Yellowhead jawfish, Opistognathus aurifrons
    Dusky jawfish, Opistognathus whitehursti
Ostraciidae--Boxfishes
    Spotted trunkfish, Lactophrys bicaudalis
    Honeycomb cowfish, Lactophrys polygonia
    Scrawled cowfish, Lactophrys quadricornis
    Trunkfish, Lactophrys trigonus
    Smooth trunkfish, Lactophrys triqueter
Pomacanthidae--Angelfishes
    Cherubfish, Centropyge argi
    Queen angelfish, Holacanthus ciliaris
    Rock beauty, Holacanthus tricolor
    Gray angelfish, Pomacanthus arcuatus
    French angelfish, Pomacanthus paru
Pomacentridae--Damselfishes
    Sergeant major, Abudefduf saxatilis
    Blue chromis, Chromis cyanea
    Sunshinefish, Chromis insolata
    Yellowtail damselfish, Microspathodon chrysurus
    Dusky damselfish, Pomacentrus fuscus
    Beaugregory, Pomacentrus leucostictus
    Bicolor damselfish, Pomacentrus partitus
    Threespot damselfish, Pomacentrus planifrons
Priacanthidae--Bigeyes
    Bigeye, Priacanthus arenatus
    Glasseye snapper, Priacanthus cruentatus
Scaridae--Parrotfishes
    Midnight parrotfish, Scarus coelestinus
    Blue parrotfish, Scarus coeruleus
    Striped parrotfish, Scarus croicensis
    Rainbow parrotfish, Scarus guacamaia
    Princess parrotfish, Scarus taeniopterus
    Queen parrotfish, Scarus vetula
    Redband parrotfish, Sparisoma aurofrenatum
    Redtail parrotfish, Sparisoma chrysopterum
    Redfin parrotfish, Sparisoma rubripinne
    Stoplight parrotfish, Sparisoma viride
Sciaenidae--Drums
    High-hat, Equetus acuminatus
    Jackknife-fish, Equetus lanceolatus
    Spotted drum, Equetus punctatus
Scorpaenidae--Scorpionfishes
Serranidae--Sea basses
    Rock hind, Epinephelus adscensionis
    Graysby, Epinephelus cruentatus
    Yellowedge grouper, Epinephelus flavolimbatus
    Coney, Epinephelus fulvus
    Red hind, Epinephelus guttatus
    Jewfish, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Nassau Grouper, Epinephelus striatus
    Butter hamlet, Hypoplectrus unicolor
    Swissguard basslet, Liopropoma rubre
    Yellowfin grouper, Mycteroperca venenosa
    Tiger grouper, Mycteroperca tigris
    Creole-fish, Paranthias furcifer
    Greater soapfish, Rypticus saponaceus
    Orangeback bass, Serranus annularis
    Lantern bass, Serranus baldwini
    Tobaccofish, Serranus tabacarius
    Harlequin bass, Serranus tigrinus
    Chalk bass, Serranus tortugarum
Soleidae--Soles
    Caribbean tonguefish, Symphurus arawak
Sparidae--Porgies
    Sea bream, Archosargus rhomboidalis
    Jolthead porgy, Calamus bajonado
    Sheepshead porgy, Calamus penna
    Pluma, Calamus pennatula
Syngnathidae--Pipefishes
    Seahorses, Hippocampus spp.
    Pipefishes, Syngnathus spp.
Synodontidae--Lizardfishes
    Sand diver, Synodus intermedius
Tetraodontidae--Puffers
    Sharpnose puffer, Canthigaster rostrata
    Porcupinefish, Diodon hystrix

            Table 3 of Appendix A to Part 622--Gulf Reef Fish

Balistidae--Triggerfishes
    Gray triggerfish, Balistes capriscus

[[Page 121]]

    Queen triggerfish, Balistes vetula
Carangidae--Jacks
    Greater amberjack, Seriola dumerili
    Lesser amberjack, Seriola fasciata
    Almaco jack, Seriola rivoliana
    Banded rudderfish, Seriola zonata
Haemulidae--Grunts
    Tomtate, Haemulon aurolineatum
    White grunt, Haemulon plumieri
    Pigfish, Orthopristis chrysoptera
Labridae--Wrasses
    Hogfish, Lachnolaimus maximus
Lutjanidae--Snappers
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Schoolmaster, Lutjanus apodus
    Blackfin snapper, Lutjanus buccanella
    Red snapper, Lutjanus campechanus
    Cubera snapper, Lutjanus cyanopterus
    Gray (mangrove) snapper, Lutjanus griseus
    Dog snapper, Lutjanus jocu
    Mahogany snapper, Lutjanus mahogoni
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Wenchman, Pristipomoides aquilonaris
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Goldface tilefish, Caulolatilus chrysops
    Blackline tilefish, Caulolatilus cyanops
    Anchor tilefish, Caulolatilus intermedius
    Blueline tilefish, Caulolatilus microps
    Tilefish, Lopholatilus chamaeleonticeps
Serranidae--Sea Basses and Groupers
    Bank sea bass, Centropristis ocyurus
    Rock sea bass, Centropristis philadelphica
    Black sea bass, Centropristis striata
    Dwarf sand perch, Diplectrum bivittatum
    Sand perch, Diplectrum formosum
    Rock hind, Epinephelus adscensionis
    Speckled hind, Epinephelus drummondhayi
    Yellowedge grouper, Epinephelus flavolimbatus
    Red hind, Epinephelus guttatus
    Jewfish, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Warsaw grouper, Epinephelus nigritus
    Snowy grouper, Epinephelus niveatus
    Nassau grouper, Epinephelus striatus
    Black grouper, Mycteroperca bonaci
    Yellowmouth grouper, Mycteroperca interstitialis
    Gag, Mycteroperca microlepis
    Scamp, Mycteroperca phenax
    Yellowfin grouper, Mycteroperca venenosa
Sparidae--Porgies
    Grass porgy, Calamus arctifrons
    Jolthead porgy, Calamus bajonado
    Knobbed porgy, Calamus nodosus
    Littlehead porgy, Calamus proridens
    Pinfish, Lagodon rhomboides
    Red porgy, Pagrus

    Table 4 of Appendix A to Part 622--South Atlantic Snapper-Grouper

Balistidae--Triggerfishes
    Gray triggerfish, Balistes capriscus
    Queen triggerfish, Balistes vetula
    Ocean triggerfish, Canthidermis sufflamen
Carangidae--Jacks
    Yellow jack, Caranx bartholomaei
    Blue runner, Caranx crysos
    Crevalle jack, Caranx hippos
    Bar jack, Caranx ruber
    Greater amberjack, Seriola dumerili
    Lesser amberjack, Seriola fasciata
    Almaco jack, Seriola rivoliana
    Banded rudderfish, Seriola zonata
Ephippidae--Spadefishes
    Spadefish, Chaetodipterus faber
Haemulidae--Grunts
    Black margate, Anisotremus surinamensis
    Porkfish, Anisotremus virginicus
    Margate, Haemulon album
    Tomtate, Haemulon aurolineatum
    Smallmouth grunt, Haemulon chrysargyreum
    French grunt, Haemulon flavolineatum
    Spanish grunt, Haemulon macrostomum
    Cottonwick, Haemulon melanurum
    Sailors choice, Haemulon parrai
    White grunt, Haemulon plumieri
    Blue stripe grunt, Haemulon sciurus
Labridae--Wrasses
    Hogfish, Lachnolaimus maximus
    Puddingwife, Halichoeres radiatus
Lutjanidae--Snappers
    Black snapper, Apsilus dentatus
    Queen snapper, Etelis oculatus
    Mutton snapper, Lutjanus analis
    Schoolmaster, Lutjanus apodus
    Blackfin snapper, Lutjanus buccanella
    Red snapper, Lutjanus campechanus
    Cubera snapper, Lutjanus cyanopterus
    Gray snapper, Lutjanus griseus
    Mahogany snapper, Lutjanus mahogoni
    Dog snapper, Lutjanus jocu
    Lane snapper, Lutjanus synagris
    Silk snapper, Lutjanus vivanus
    Yellowtail snapper, Ocyurus chrysurus
    Vermilion snapper, Rhomboplites aurorubens
Malacanthidae--Tilefishes
    Blueline tilefish, Caulolatilus microps
    Golden tilefish, Lopholatilus chamaeleonticeps
    Sand tilefish, Malacanthus plumieri
Percichthyidae--Temperate basses
    Wreckfish, Polyprion americanus
Serranidae--Sea Basses and Groupers
    Bank sea bass, Centropristis ocyurus
    Rock sea bass, Centropristis philadelphica
    Black sea bass, Centropristis striata
    Rock hind, Epinephelus adscensionis
    Graysby, Epinephelus cruentatus
    Speckled hind, Epinephelus drummondhayi
    Yellowedge grouper, Epinephelus flavolimbatus
    Coney, Epinephelus fulvus
    Red hind, Epinephelus guttatus
    Jewfish, Epinephelus itajara
    Red grouper, Epinephelus morio
    Misty grouper, Epinephelus mystacinus
    Warsaw grouper, Epinephelus nigritus

[[Page 122]]

    Snowy grouper, Epinephelus niveatus
    Nassau grouper, Epinephelus striatus
    Black grouper, Mycteroperca bonaci
    Yellowmouth grouper, Mycteroperca interstitialis
    Gag, Mycteroperca microlepis
    Scamp, Mycteroperca phenax
    Tiger grouper, Mycteroperca tigris
    Yellowfin grouper, Mycteroperca venenosa
Sparidae--Porgies
    Sheepshead, Archosargus probatocephalus
    Grass porgy, Calamus arctifrons
    Jolthead porgy, Calamus bajonado
    Saucereye porgy, Calamus
    Whitebone porgy, Calamus leucosteus
    Knobbed porgy, Calamus nodosus
    Red porgy, Pagrus
    Longspine porgy, Stenotomus caprinus
    Scup, Stenotomus chrysops
                   Appendix B to Part 622--Gulf Areas

 Table 1 of Appendix B to Part 622.--Seaward Coordinates of the Longline
                      and Buoy Gear Restricted Area                     
------------------------------------------------------------------------
 Point No. and reference location                                       
                \1\                     North lat.         West long.   
------------------------------------------------------------------------
 1  Seaward limit of Florida's                                          
 waters north of Dry Tortugas.....       24 deg.48.0'       82 deg.48.0'
 2  North of Rebecca Shoal........       25 deg.07.5'       82 deg.34.0'
 3  Off Sanibel Island--Offshore..       26 deg.26.0'       82 deg.59.0'
 4  West of Egmont Key............       27 deg.30.0'       83 deg.21.5'
 5  Off Anclote Keys--Offshore....       28 deg.10.0'       83 deg.45.0'
 6  Southeast corner of Florida                                         
 Middle Ground....................       28 deg.11.0'       84 deg.00.0'
 7  Southwest corner of Florida                                         
 Middle Ground....................       28 deg.11.0'       84 deg.07.0'
 8  West corner of Florida Middle                                       
 Ground...........................       28 deg.26.6'       84 deg.24.8'
 9  Northwest corner of Florida                                         
 Middle Ground....................       28 deg.42.5'       84 deg.24.8'
10  South of Carrabelle...........       29 deg.05.0'       84 deg.47.0'
11  South of Cape St. George......       29 deg.02.5'       85 deg.09.0'
12  South of Cape San Blas lighted                                      
 bell buoy--20 fathoms............       29 deg.21.0'       85 deg.30.0'
13  South of Cape San Blas lighted                                      
 bell buoy--50 fathoms............       28 deg.58.7'       85 deg.30.0'
14  De Soto Canyon................       30 deg.06.0'       86 deg.55.0'
15  South of Pensacola............       29 deg.46.0'       87 deg.19.0'
16  South of Perdido Bay..........       29 deg.29.0'       87 deg.27.5'
17  East of North Pass of the                                           
 Mississippi River................       29 deg.14.5'       88 deg.28.0'
18  South of Southwest Pass of the                                      
 Mississippi River................       28 deg.46.5'       89 deg.26.0'
19  Northwest tip of Mississippi                                        
 Canyon...........................       28 deg.38.5'       90 deg.08.5'
20  West side of Mississippi                                            
 Canyon...........................       28 deg.34.5'       89 deg.59.5'
21  South of Timbalier Bay........       28 deg.22.5'       90 deg.02.5'
22  South of Terrebonne Bay.......       28 deg.10.5'       90 deg.31.5'
23  South of Freeport.............       27 deg.58.0'       95 deg.00.0'
24  Off Matagorda Island..........       27 deg.43.0'       96 deg.02.0'
25  Off Aransas Pass..............       27 deg.30.0'       96 deg.23.5'
26  Northeast of Port Mansfield...       27 deg.00.0'       96 deg.39.0'
27  East of Port Mansfield........       26 deg.44.0'       96 deg.37.5'
28  Northeast of Port Isabel......       26 deg.22.0'       96 deg.21.0'
29  U.S./Mexico EEZ boundary......       26 deg.00.5'      96 deg.24.5' 
Thence westerly along U.S./Mexico EEZ boundary to the seaward limit of  
 Texas' waters.                                                         
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or       
  submarine area.                                                       


 Table 2 of Appendix B to Part 622.--Seaward Coordinates of the Stressed
                                  Area                                  
------------------------------------------------------------------------
 Point No. and reference location                                       
                \1\                     North lat.         West long.   
------------------------------------------------------------------------
1  Seaward limit of Florida's                                           
 waters northeast of Dry Tortugas.       24 deg.45.5'       82 deg.41.5'
2  North of Marquesas Keys........       24 deg.48.0'       82 deg.06.5'
3  Off Cape Sable.................       25 deg.15.0'       82 deg.02.0'
4  Off Sanibel Island--Inshore....       26 deg.26.0'       82 deg.29.0'
5  Off Sanibel Island--Offshore...       26 deg.26.0'       82 deg.59.0'
6  West of Egmont Key.............       27 deg.30.0'       83 deg.21.5'
7  Off Anclote Keys--Offshore.....       28 deg.10.0'       83 deg.45.0'
8  Off Anclote Keys--Inshore......       28 deg.10.0'       83 deg.14.0'
9  Off Deadman Bay................       29 deg.38.0'       84 deg.00.0'
10  Seaward limit of Florida's                                          
 waters east of Cape St. George...       29 deg.35.5'       84 deg.38.6'
Thence westerly along the seaward                                       
 limit of Florida's waters to:                                          
11  Seaward limit of Florida's                                          
 waters south of Cape San Blas....       29 deg.32.2'       85 deg.27.1'
12  Southwest of Cape San Blas....       29 deg.30.5'       85 deg.52.0'
13  Off St. Andrew Bay............       29 deg.53.0'       86 deg.10.0'
14  De Soto Canyon................       30 deg.06.0'       86 deg.55.0'
15  South of Florida/Alabama                                            
 border...........................       29 deg.34.5'       87 deg.38.0'
16  Off Mobile Bay................       29 deg.41.0'       88 deg.00.0'
17  South of Alabama/Mississippi                                        
 border...........................       30 deg.01.5'       88 deg.23.7'

[[Page 123]]

                                                                        
18  Horn/Chandeleur Islands.......       30 deg.01.5'       88 deg.40.5'
19  Chandeleur Islands............       29 deg.35.5'       88 deg.37.0'
20  Seaward limit of Louisiana's                                        
 waters off North Pass of the                                           
 Mississippi River................       29 deg.16.3'       89 deg.00.0'
Thence southerly and westerly                                           
 along the seaward limit of                                             
 Louisiana's waters to:                                                 
21  Seaward limit of Louisiana's                                        
 waters off Southwest Pass of the                                       
 Mississippi River................       28 deg.57.3'       89 deg.28.2'
22  Southeast of Grand Isle.......       29 deg.09.0'       89 deg.47.0'
23  Quick flashing horn buoy south                                      
 of Isles Dernieres...............       28 deg.32.5'       90 deg.42.0'
24  Southeast of Calcasieu Pass...       29 deg.10.0'       92 deg.37.0'
25  South of Sabine Pass--10                                            
 fathoms..........................       29 deg.09.0'       93 deg.41.0'
26  South of Sabine Pass--30                                            
 fathoms..........................       28 deg.21.5'       93 deg.28.0'
27  East of Aransas Pass..........       27 deg.49.0'       96 deg.19.5'
28  East of Baffin Bay............       27 deg.12.0'       96 deg.51.0'
29  Northeast of Port Mansfield...       26 deg.46.5'       96 deg.52.0'
30  Northeast of Port Isabel......       26 deg.21.5'       96 deg.35.0'
31  U.S./Mexico EEZ boundary......       26 deg.00.5'       96 deg.36.0'
Thence westerly along U.S./Mexico                                       
 EEZ boundary to the seaward limit                                      
 of Texas' waters ................                                      
------------------------------------------------------------------------
\1\ Nearest identifiable landfall, boundary, navigational aid, or       
  submarine area.                                                       



[[Page 124]]

            Appendix C to Part 622--Fish Length Measurements

[GRAPHIC] [TIFF OMITTED] TR03JY96.000


           Figure 1 of Appendix C to Part 622--Carapace Length

[[Page 125]]

[GRAPHIC] [TIFF OMITTED] TR03JY96.001



   Figure 2 of Appendix C to Part 622--Fork Length, Total Length, and 
                  Length for Deheaded Greater Amberjack

[[Page 126]]



PART 628--ATLANTIC BLUEFISH FISHERY--Table of Contents




                      Subpart A--General Provisions

Sec.
628.1  Purpose and scope.
628.2  Definitions.
628.3  Relation to other laws.
628.4  Permits and fees.
628.5  Prohibitions.
628.6  Facilitation of enforcement.
628.7  Penalties.

                     Subpart B--Management Measures

628.20  Fishing year.
628.21  Possession limit.
628.22  Catch monitoring, commercial controls, and gear restrictions.
628.23  Closure of fishery.

    Authority: 16 U.S.C. 1801 et seq.

    Source: 55 FR 18733, May 4, 1990, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 628.1  Purpose and scope.

    The regulations in this part implement the Fishery Management Plan 
for the Bluefish Fishery, which was prepared and adopted by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine 
Fisheries Commission in cooperation with the New England and South 
Atlantic Fishery Management Councils. These regulations govern the 
conservation and management of Atlantic bluefish in the EEZ.



Sec. 628.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following 
meanings:
    Bluefish means Pomatomus saltatrix. Bluefish, for the purposes of 
this part, refers to bluefish in the Atlantic EEZ from the eastern coast 
of Florida to Maine.
    Charter or party boat means any vessel that carries passengers for 
hire to engage in fishing.
    Commission means the Atlantic States Marine Fisheries Commission.
    Committee means the Bluefish FMP Review and Monitoring Committee of 
the Council.
    Council means the Mid-Atlantic Fishery Management Council.
    Fishery Management Plan (FMP) means the Fishery Management Plan for 
the Bluefish Fishery and any amendments thereto.
    Fishing trip means a period of time during which fishing is 
conducted, beginning when the vessel leaves port and ending when the 
vessel returns to port.
    NEFC means the Northeast Fisheries Center, NMFS, Water Street, Woods 
Hole, MA 02543.
    Pair trawl means a net attached to and towed by two vessels.
    Person who receives bluefish for commercial purposes means any 
person (excluding representatives of governmental agencies) engaged in 
the sale, barter, or trade of bluefish received from a fisherman, or one 
who transports bluefish from a fisherman.
    Purse seine means a floated and weighted net that is closed by means 
of a draw string threaded through rings attached to the bottom of the 
net.
    Regional Director means the Director, Northeast Region, NMFS, 1 
Blackburn Drive, Gloucester, MA 01930, telephone 508-281-9243, or a 
designee.
    Regulated fishery means any fishery of the United States which is 
regulated under the Magnuson Act.
    Runaround gillnet or encircling gillnet means a rectangular net 
placed upright in the water column in a circular fashion with an opening 
equal to or less than \1/4\ the length of the net or with an opening 
greater than \1/4\ the length of the net if the opening is obstructed in 
any fashion.
    Vessel length means that length specified on State registration or 
U.S. Coast Guard documentation.



Sec. 628.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter and paragraph (b) of this section.
    (b) Additional regulations governing fishing for bluefish by foreign 
vessels in the EEZ are set forth in 50 CFR part 611, subparts A and C.



Sec. 628.4  Permits and fees.

    (a) General. (1) Any person selling bluefish harvested in the EEZ 
must have either a valid permit issued under this part or a valid State 
of landing permit to sell bluefish.

[[Page 127]]

    (2) Any person who applies for a permit under this section, or who 
uses a valid state permit to sell fish harvested from the EEZ, must 
agree as a condition of using either permit that his/her bluefish catch 
and gear (without regard to whether fishing occurs in the EEZ or 
landward of the EEZ, and without regard to where such bluefish or gear 
are possessed, taken, or landed) will be subject to all the requirements 
of this part. All such catch and gear will remain subject to any 
applicable State or local requirements. If a requirement of this part 
and a conservation measure required by a state or local law differ, any 
person issued a permit under this section or using a valid State permit 
to sell bluefish harvested from the EEZ must comply with the more 
restrictive requirement.
    (b) Application. (1) An application for a permit under this part 
must be signed by the applicant on an appropriate form obtained from the 
Regional Director and submitted at least 30 days prior to the date on 
which the applicant desires to have the permit made effective.
    (2) An applicant must provide all the following information:
    (i) The name, mailing address, including zip code, and telephone 
number of the applicant;
    (ii) The height, weight, hair color, and eye color of an individual 
applicant;
    (iii) If the applicant represents a corporation, the certificate of 
incorporation;
    (iv) Percentage of annual income derived from the sale of bluefish; 
and
    (v) Any other information required by the Regional Director.
    (3) Upon receipt of an incomplete or improperly executed 
application, the Regional Director will notify the applicant of the 
deficiency in the application. If the applicant fails to correct the 
deficiency within 21 days following the date of notification, the 
application will be discarded.
    (4) Any change in the information specified in paragraph (b)(2) of 
this section must be submitted by the applicant in writing to the 
Regional Director within 15 days of the change.
    (c) Fees. The Regional Director may charge a fee consistent with the 
Magnuson Act for the issuance of the federal permit.
    (d) Issuance. The Regional Director will issue a permit to the 
applicant no later than 30 days from the receipt of a completed 
application.
    (e) Duration. A permit will continue in effect until December 31 of 
each year unless it is revoked, suspended, or modified under 15 CFR part 
904.
    (f) Alteration. No person may alter, erase, or mutilate any permit. 
Any permit which has been altered, erased, or mutilated is invalid.
    (g) Replacement. Replacement permits may be issued by the Regional 
Director when requested in writing by the applicant, stating the need 
for replacement and the fishing permit number assigned. An application 
for a replacement permit will not be considered a new application. The 
Regional Director may charge a fee consistent with the Magnuson Act for 
the issuance of the replacement permit.
    (h) Transfer. Permits issued under this part are not transferable or 
assignable. A permit will be valid only for the person for which it is 
issued.
    (i) Display. A person issued a permit under this section must be 
able to present the permit for inspection when requested by an 
authorized officer.
    (j) Suspension and revocation. Subpart D of 15 CFR part 904 (Civil 
Procedures) governs the imposition of sanctions against a permit issued 
under this part.



Sec. 628.5  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Possess in or harvest from the EEZ Atlantic bluefish in excess 
of the daily possession limit specified in Sec. 628.21, unless that 
person has a permit meeting the requirements of Sec. 628.4(a);
    (b) Possess, have custody or control of, ship, receive, barter, 
trade, transport, offer for sale, sell, purchase, import, or export any 
bluefish taken, retained, or landed in violation of the Magnuson Act, or 
any regulation or permit issued under the Magnuson Act;
    (c) Fish under a permit meeting the requirements of Sec. 628.4(a) in 
violation of a notice of restriction published under Sec. 628.22;

[[Page 128]]

    (d) Fish in the EEZ under a permit meeting the requirements of 
Sec. 628.4(a) during a closure under Sec. 628.23;
    (e) Fail to report to the Regional Director within 15 days, any 
change in the information in the application for a permit under 
Sec. 628.4;
    (f) Fail to present any permit meeting the requirements of 
Sec. 628.4(a) upon request of an authorized officer;
    (g) Sell any Atlantic bluefish harvested from the EEZ unless that 
person has a permit that meets the requirements of Sec. 628.4(a);
    (h) Make any false statement, written or oral, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of any Atlantic bluefish; or
    (i) Violate any other provision of this part, the Magnuson Act, or 
any regulation or permit issued under the Magnuson Act.



Sec. 628.6  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.



Sec. 628.7  Penalties.

    See Sec. 620.9 of this chapter.



                     Subpart B--Management Measures



Sec. 628.20  Fishing year.

    The fishing year is from January 1 through December 31.



Sec. 628.21  Possession limit.

    (a) Possession limit. (1) No person shall possess more than ten 
bluefish unless he/she has a permit meeting the requirements of 
Sec. 628.4(a).
    (2) Bluefish caught while in possession of a permit meeting the 
requirements of Sec. 628.4(a) must be kept separate from the pooled 
catch and in the possession of the permit holder at all times.
    (3) If Atlantic bluefish are filleted into two or more sections, 
such fillets shall be deemed to be whole Atlantic bluefish using a ratio 
of 1:2 (two fillets to one whole fish). If Atlantic bluefish are 
filleted into a single (butterfly) fillet, such fillets shall be deemed 
to be whole Atlantic bluefish.
    (4) Atlantic bluefish harvested from party and charter boats or 
other vessels carrying more than one person may be commingled. 
Compliance with the daily possession limit will be determined by 
dividing the number of Atlantic bluefish on board by the number of 
persons on board, provided, however, that if a person or persons on 
board are fishing under a permit meeting the requirements of 
Sec. 628.4(a), his/her catch shall not be counted for determining 
compliance with the possession limit if it is maintained in the 
possession of such person(s). If there is a violation of the possession 
limit on board a vessel carrying more than one person, the violation 
shall be deemed to have been committed by the owner and/or operator.
    (b) Adjustment of the possession limit. The Secretary may adjust the 
possession limit within a range of 0 to 15 Atlantic bluefish based on a 
recommendation of the Council and Commission. The Secretary will publish 
a notice of any proposed adjustment, together with the basis for such 
adjustment in the Federal Register. The public may comment on the 
adjustment for 15 days after the date of the publication. After 
consideration of public comments, the Secretary may publish a notice of 
any adjustment in the possession limit in the Federal Register.



Sec. 628.22  Catch monitoring, commercial controls, and gear restrictions.

    (a) The Committee will review bluefish catch statistics, a 
projection of the commercial share for the next fishing year, and the 
most recent stock assessment prior to August 15th of each year. The 
Committee will report to the Council and the Commission.
    (b) The Council and the Commission will review the report of the 
Committee. If the report indicates that the commercial catch for the 
next fishing year will equal or exceed 20 percent of the total catch 
(recreational catch plus commercial landings) of Atlantic bluefish, the 
Council and Commission will propose the commercial controls to be 
implemented at the start of the upcoming year. If the report indicates 
that the commercial catch will be greater than 17 percent but less than 
20 percent of the total catch of Atlantic bluefish, or that the 
commercial share for the last full year is 50 percent greater than

[[Page 129]]

the previous year's commercial share, the Council and Commission will 
determine whether commercial controls are necessary. In making such a 
determination the Council and Commission will consider:
    (1) The most recent catch data;
    (2) Trends in the fishery; and
    (3) Any other relevant factors.
    (c) If the catch in the commercial fishery is projected to equal or 
exceed the 20 percent limit during the upcoming year, then a State 
allocation system will be implemented. This will entail the use of 
landings data from the most recent 10-year period for each State, to 
determine the average percentage of each State's coastwide commercial 
landings. These percentages will be used to determine the amount of the 
coastwide quota allocated to each State. Quotas will apply to landings 
in each State, regardless of where the bluefish were caught.
    (d) If whole Atlantic bluefish are processed into fillets at sea, 
then fillet weight will be converted to whole weight at the State of 
landing by multiplying fillet weight by 2.5. If whole Atlantic bluefish 
are headed and gutted at sea, then the conversion is accomplished by 
multiplying headed/gutted weight by 1.5.
    (e) If the Council concludes that the increase in the commercial 
catch is attributable to the use of purse seines, pair trawls, or 
encircling (runaround) gillnets, then it will propose restrictions 
applicable to that gear type. In determining what restrictions are 
necessary to control the catch of Atlantic bluefish by commercial 
fishermen using these gear, the Council may consider:
    (1) Trip limits;
    (2) Area closures;
    (3) Banning the use of these gear types; or
    (4) Any other measures it deems appropriate.
    (f) The Regional Director will review any gear restriction(s) 
proposed by the Council. If the Regional Director concurs that the 
proposed gear restrictions are consistent with the goals and objectives 
of the FMP, the national standards, and other applicable law, the 
Regional Director will recommend that the Secretary publish a notice of 
the proposed restriction in the Federal Register with a 30-day public 
comment period. After consideration of public comments, the Secretary 
may publish a notice in the Federal Register specifying the final 
restriction(s).
    (g) The Secretary may rescind a notice of restriction in the Federal 
Register if he finds, based on the advice of the Council through the 
process set forth in paragraphs (a) and (b) of this section, that the 
restriction is no longer necessary.



Sec. 628.23  Closure of fishery.

    The Regional Director shall close the commercial fishery for 
Atlantic bluefish in the EEZ if the commercial fisheries for Atlantic 
bluefish have been closed in all Atlantic coastal States.



PART 630--ATLANTIC SWORDFISH FISHERY--Table of Contents




                      Subpart A--General Provisions

Sec.
630.1  Purpose and scope.
630.2  Definitions.
630.3  Relation to other laws.
630.4  Permits and fees.
630.5  Recordkeeping and reporting.
630.6  Vessel identification.
630.7  Prohibitions.
630.8  Facilitation of enforcement.
630.9  Penalties.
630.10  At-sea observer coverage.

                     Subpart B--Management Measures

630.20  Fishing year.
630.21  Restrictions on transfer, off-loading, and sale.
630.22  Gear restrictions.
630.23  Harvest limitations.
630.24  Quotas.
630.25  Closures and bycatch limits.
630.26  Specifically authorized activities.

              Subpart C--Restrictions on Swordfish Imports

630.40  Applicability.

                       Subpart D--Donation Program

630.50  Purpose.
630.51  Participation.
630.52  Termination.

                            Figures--Part 630

Figure 1--Cleithrum to keel (CK) measurement of swordfish.


[[Page 130]]


    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 971 et seq.

    Source: 50 FR 33956, Aug. 22, 1985, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 630.1  Purpose and scope.

    (a) The purpose of this part is to implement--
    (1) The Fishery Management Plan for the Atlantic Swordfish Fishery 
under the Magnuson Act; and
    (2) The recommendations of the International Commission for the 
Conservation of Atlantic Tunas, as they relate to conservation and 
management of swordfish, under the Atlantic Tunas Convention Act.
    (b) This part governs the conservation and management of the North 
Atlantic swordfish stock.
    (c) Regulations governing fishing by vessels other than vessels of 
the United States shoreward of the outer boundary of the EEZ are 
published at 50 CFR part 611 subpart A, and Secs. 611.60 and 611.61.

[56 FR 65016, Dec. 13, 1991]



Sec. 630.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following 
meanings:
    Carcass or dressed means a fish that has been gutted and the head 
and fins have been removed, but is otherwise in whole condition.
    Dealer means the person in the United States who first receives, by 
way of purchase, barter, or trade, swordfish harvested from the Atlantic 
Ocean.
    Drift gillnet, sometimes called a drift entanglement net or drift 
net, means a flat net, unattached to the ocean bottom, whether or not it 
is attached to a vessel, designed to be suspended vertically in the 
water to entangle the head or other body parts of fish that attempt to 
pass through the meshes.
    Gangion means one of the lines that bear hooks and which is attached 
at intervals along the main line of a longline. (Synonymous with 
leader.)
    Handline gear means a fishing line set and pulled by hand that 
remains attached to a fishing vessel during fishing.
    Land or landed means to arrive in port or at a dock, berth, beach, 
seawall, or ramp.
    North Atlantic swordfish stock means those swordfish in the North 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north of 
5 deg. N. latitude. The North Atlantic swordfish stock is the management 
unit for these regulations.
    Pelagic longline means a type of fishing gear consisting of a length 
of line suspended horizontally in the water above the bottom from lines 
attached to surface floats and to which gangions and hooks are attached.
    Recreational fishery means the harvest of swordfish from a vessel 
with only rod and reel fishing gear aboard.
     Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive North, St. Petersburg, FL 33702-2432; telephone 
813-570-5301, or a designee.
    Rod and reel means a hand-held (including rod-holder) fishing rod 
with a manually or electrically operated reel attached.
    Science and Research Director means the Science and Research 
Director, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach 
Drive, Miami, FL 33149, telephone 305-361-5761, or a designee.
    Swordfish means a fish of the species Xiphias gladius. 
    Trip means a fishing trip, regardless of number of days duration, 
that begins with departure from a port, dock, berth, beach, seawall, or 
ramp and that terminates with return to a port, dock, berth, beach, 
seawall, or ramp.
    Trip limit means the total allowable take from a single trip as 
defined in this section.
    Whole, when referring to swordfish, means a fish that is not gutted 
and the head and fins are intact.

[50 FR 33956, Aug. 22, 1985; 50 FR 35563, Sept. 3, 1985, as amended at 
53 FR 24655, June 29, 1988; 53 FR 27694, July 22, 1988; 55 FR 35645, 
Aug. 31, 1990; 56 FR 65016, Dec. 13, 1991; 60 FR 46778, Sept. 8, 1995]



Sec. 630.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter and paragraph (b) of this section.

[[Page 131]]

    (b) In accordance with regulations issued under the Marine Mammal 
Protection Act of 1972, as amended, it is unlawful for a commercial 
fishing vessel, a vessel owner, or a master or operator of a vessel to 
engage in a longline or gillnet swordfish fishery in the Atlantic Ocean 
(including the Gulf of Mexico and Caribbean Sea) unless the vessel owner 
or authorized representative has complied with specified requirements 
including, but not limited to, registration, exemption certificates, 
decals, and reports, as contained in 50 CFR part 229.

[56 FR 59222, Nov. 25, 1991]



Sec. 630.4  Permits and fees.

    (a) Applicability--(1) Annual vessel permits. (i) Except as provided 
by paragraph (a)(1)(ii) of this section, the owner of a vessel of the 
United States--
    (A) That fishes for or possesses swordfish in or from the North 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north of 
5 deg.N. latitude, or
    (B) That takes such swordfish as bycatch, whether or not retained--
must have an annual vessel permit.
    (ii) The owner of a vessel that fishes for or possesses swordfish in 
or from the North Atlantic Ocean, including the Gulf of Mexico and 
Caribbean Sea, north of 5 deg.N. latitude--
    (A) In the recreational fishery, or
    (B) Shoreward of the outer boundary of the EEZ around Puerto Rico 
and the Virgin Islands with only handline gear aboard--is exempt from 
the requirement to have a permit.
    (2) Annual dealer permits. A dealer who receives swordfish harvested 
or possessed by a vessel of the United States must have an annual dealer 
permit.
    (b) Application for an annual vessel permit. (1) An application for 
an annual vessel permit under this section must be signed by the owner 
and submitted to the Regional Director. The application must be 
submitted at least 30 days prior to the date on which the applicant 
desires to have the permit made effective. An application form is 
available from the Regional Director and must contain the following 
information:
    (i) Vessel owner's name, mailing address, and telephone number;
    (ii) If the vessel owner is a corporation or a partnership, the 
names, addresses, and dates of birth of the two principal shareholders 
or partners;
    (iii) Vessel's name, official number, home port, net tonnage, 
length, and type and amount of gear used;
    (iv) Any other information concerning vessel and gear 
characteristics requested by the Regional Director; and
    (v) Any other information requested by the Regional Director that 
may be necessary for the issuance or administration of the permit.
    (2) The application must be accompanied by a copy of the vessel's 
U.S. Coast Guard certificate of documentation or, if not documented, a 
copy of its state registration certificate.
    (c) Application for an annual dealer permit. (1) An application for 
a dealer permit must be submitted and signed by the dealer or an officer 
of a corporation acting as a dealer. The application must be submitted 
to the Regional Director at least 30 days prior to the date on which the 
applicant desires to have the permit made effective.
    (2) A permit applicant must provide the following information:
    (i) A copy of each state wholesaler's license held by the dealer;
    (ii) Business name, mailing address including zip code of the 
principal office of the business, and employer identification number, if 
one has been assigned by the Internal Revenue Service;
    (iii) The address of each physical facility at a fixed location 
where the business receives fish;
    (iv) Name, official capacity in the business, mailing address 
including zip code, telephone number, social security number, and date 
of birth of the applicant; and
    (v) If the applicant is a corporation or partnership, the names, 
addresses, and dates of birth of the two principal shareholders or 
partners.
    (d) Fees. A fee is charged for each annual vessel permit issued 
under paragraph (b) of this section and for each annual dealer permit 
issued under paragraph (c) of this section. The amount of the fees is 
calculated, at least annually, in accordance with the

[[Page 132]]

procedures of the NOAA Finance Handbook for determining the 
administrative costs of each special product or service, and may not 
exceed such costs. Applicable fees are specified with the application 
form and must be remitted with each application.
    (e) Issuance. (1) The Regional Director will issue a permit at any 
time to an applicant if the application is complete. An application is 
complete when all requested forms, information, and documentation have 
been received and the applicant has submitted all applicable reports 
specified at Sec. 630.5.
    (2) Upon receipt of an incomplete application, the Regional Director 
will notify the applicant of the deficiency. If the applicant fails to 
correct the deficiency within 90 days of the date of the Regional 
Director's letter of notification, the application will be considered 
abandoned.
    (f) Duration. A permit remains valid for the remainder of the period 
for which it is issued unless revoked, suspended, or modified pursuant 
to subpart D of 15 CFR part 904.
    (g) Transfer. (1) A vessel permit issued under paragraph (b) of this 
section is not transferable or assignable. A person purchasing a 
permitted vessel who desires to conduct activities for which a permit is 
required must apply for a permit in accordance with the provisions of 
paragraph (b) of this section. The application must be accompanied by a 
copy of a signed bill of sale.
    (2) A dealer permit issued under paragraph (c) of this section may 
be transferred upon sale of the dealer's business. However, such 
transferred permit remains valid for a period not exceeding 30 days 
after sale of the dealer's business. A person purchasing a permitted 
dealership who desires to conduct activities for which a permit is 
required after that 30 day period must apply promptly for a permit in 
accordance with the provisions of paragraph (c) of this section.
    (h) Display. A vessel permit issued under paragraph (b) of this 
section must be carried on board the fishing vessel and such vessel must 
be identified as provided for in Sec. 630.6. A dealer permit issued 
under paragraph (c) of this section must be available on the dealer's 
premises. The operator of a fishing vessel or a dealer must present the 
permit for inspection upon request of an authorized officer.
    (i) Sanctions and denials. A permit issued pursuant to this section 
may be revoked, suspended, or modified, and a permit application may be 
denied, in accordance with the procedures governing enforcement-related 
permit sanctions and denials found at subpart D of 15 CFR part 904.
    (j) Alteration. A permit that is altered, erased, or mutilated is 
invalid.
    (k) Replacement. A replacement permit may be issued. An application 
for a replacement permit will not be considered a new application. A 
fee, the amount of which is stated with the application form, must 
accompany each request for a replacement permit.
    (l) Change in application information. The owner of a vessel with a 
permit or a dealer with a permit must notify the Regional Director 
within 30 days after any change in the application information required 
by paragraph (b) or (c) of this section. The permit is void if any 
change in the information is not reported within 30 days.

[56 FR 65016, Dec. 13, 1991]



Sec. 630.5  Recordkeeping and reporting.

    (a) Fishing vessel reports. (1) The owner and operator of a vessel 
for which a vessel permit has been issued under Sec. 630.4 must ensure 
that a daily logbook form is maintained of the vessel's swordfishing 
effort, catch, and disposition on logbook forms available from the 
Science and Research Director. Such forms must be submitted to the 
Science and Research Director postmarked not later than the 7th day 
after sale of the swordfish off-loaded from a trip. If no fishing 
occurred during a month, a report so stating must be submitted in 
accordance with instructions provided with the logbook forms. Logbooks 
must be kept on board the vessel at all times.
    (2) The owner or operator of a vessel for which a vessel permit has 
been issued under Sec. 630.4 must insure that copies of tally sheets are 
submitted for all swordfish off-loaded and for other species off-loaded 
with the swordfish, including, but not limited to, shark, yellowfin 
tuna, bigeye tuna, and albacore. Each tally sheet must show the dealer

[[Page 133]]

to whom swordfish and other species were transferred, the date 
transferred, and the carcass weight of each swordfish transferred and of 
each of the other species for which individual carcass weights are 
normally recorded, including, but not limited to, shark, yellowfin tuna, 
bigeye tuna, and albacore. For species not individually weighed, tally 
sheets must record total weights by market category. Copies of tally 
sheets must be submitted with the logbook forms required under paragraph 
(a)(1) of this section.
    (b) Dealer reports. (1) A dealer who has been issued a dealer permit 
under Sec. 630.4 must submit a report to the Science and Research 
Director twice each month. A report form is available from the Science 
and Research Director. The following information must be included in 
each report:
    (i) Name, address, and permit number of the dealer;
    (ii) Names and official numbers of fishing vessels from which 
swordfish were received;
    (iii) Dates of receipt of swordfish; and
    (iv) Listed by each port and county where swordfish were off-loaded 
from fishing vessels:
    (A) Total weight (pounds) by market category for swordfish, and for 
other species received with the swordfish, including, but not limited 
to, shark, yellowfin tuna, bigeye tuna, and albacore; and
    (B) Price per pound or total value paid by market category for 
swordfish and other species, to the extent that such price information 
is known at the time of reporting.
    (2) A report of swordfish and other applicable species received by a 
dealer on the 1st through the 15th days of each month must be submitted 
to the Science and Research Director postmarked not later than the 20th 
day of that month. A report of swordfish received by a dealer on the 
16th through the last day of each month must be submitted to the Science 
and Research Director postmarked not later than the 5th day of the 
following month. If no swordfish were received during a reporting 
period, a report so stating must be submitted postmarked as specified 
for that respective reporting period.
    (3) The reporting requirement of paragraph (b)(1) of this section 
may be satisfied by providing a copy of each appropriate weigh-out sheet 
and/or sales record, provided such weigh-out sheet and/or sales record, 
by itself or combined with the form available from the Science and 
Research Director, includes all of the required information.
    (4) For the purposes of paragraph (b) of this section, for a 
swordfish off-loaded from a fishing vessel in an Atlantic coastal state 
from Maine through Virginia, Science and Research Director means the 
Science and Research Director, Northeast Fisheries Science Center, NMFS, 
Woods Hole, MA 02543, telephone 617-548-5123, or a designee. For a 
swordfish off-loaded from a fishing vessel in an Atlantic coastal state 
from Maine through Virginia, in lieu of providing a required report to 
the Science and Director by mail, as specified in paragraph (b)(2) of 
this section, a dealer may provide a report to a state or Federal 
fishery port agent designated by the Science and Research Director. 
Reports so provided must be delivered to such port agent not later than 
the prescribed post mark date for submitting each such report.

[56 FR 65017, Dec. 13, 1991, as amended at 61 FR 27307, May 31, 1996]



Sec. 630.6  Vessel identification.

    (a) Official number. A vessel for which a permit is required by 
Sec. 630.4 must display its official number--
    (1) On the port and starboard sides of the deckhouse or hull and on 
an appropriate weather deck so as to be clearly visible from an 
enforcement vessel or aircraft;
    (2) In block arabic numerals in contrasting color to the background;
    (3) At least 18 inches in height for vessels over 65 feet in length 
and at least 10 inches in height for all other vessels; and
    (4) Permanently affixed to or painted on the vessel.
    (b) Duties of operator. The operator of each fishing vessel must--
    (1) Keep the official number clearly legible and in good repair, and
    (2) Ensure that no part of the fishing vessel, its rigging, its 
fishing gear, or anything carried aboard obstructs the

[[Page 134]]

view of the official number from any enforcement vessel or aircraft.

[50 FR 33956, Aug. 22, 1985, as amended at 53 FR 27694, July 22, 1988]



Sec. 630.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Fish for, possess, retain, or land swordfish without a valid 
permit aboard a vessel when such permit is required under 
Sec. 630.4(a)(1).
    (b) Purchase, sell, barter, or trade or attempt to purchase, sell, 
barter, or trade a swordfish taken by a vessel that does not have a 
valid permit when such permit is required under Sec. 630.4(a)(1) and as 
specified in Sec. 630.21(b).
    (c) Sell, barter, or trade or attempt to sell, barter, or trade a 
swordfish to a dealer who does not have an annual dealer permit required 
under Sec. 630.4(a)(2).
    (d) As a dealer, purchase, barter, or trade or attempt to purchase, 
barter, or trade a swordfish without an annual dealer permit, as 
specified in Sec. Sec. 630.4(a)(2) and 630.21(c).
    (e) Falsify information required on an application for a permit 
submitted under Sec. 630.4 (b) or (c).
    (f) Fail to display a permit, as required by Sec. 630.4(h).
    (g) Falsify or fail to maintain or submit information required to be 
maintained or submitted, as specified in Sec. 630.5 (a) or (b).
    (h) Falsify or fail to affix and maintain vessel markings, as 
specified in Sec. 630.6.
    (i) Fail to embark an observer on a trip when selected, as specified 
in Sec. 630.10(a).
    (j) Falsify or fail to provide requested information regarding a 
vessel's trip, as specified in Sec. 630.10(b).
    (k) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with an NMFS-approved observer aboard a vessel.
    (l) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer conducting his or her 
duties aboard a vessel.
    (m) Fail to provide an observer with the required food, 
accommodations, access, and assistance, as specified in Sec. 630.10(c).
    (n) Transfer a swordfish at sea from or to a fishing vessel, as 
specified in Sec. 630.21(a).
    (o) Sell, purchase, trade, or barter or attempt to sell, purchase, 
trade, or barter a swordfish harvested in the recreational fishery, as 
specified in Sec. 630.21(d).
    (p) Fish for swordfish with a drift gillnet that is 2.5 kilometers 
or more in length or possess a swordfish aboard a vessel possessing such 
drift gillnet, as specified in Sec. 630.22.
    (q) Possess on board a vessel a swordfish that is smaller than the 
minimum size specified in Sec. 630.23(a). 
    (r) Possess or land a swordfish in other than whole or dressed form, 
as specified in Sec. 630.23(c).
    (s) During a closure of the drift gillnet, longline, or harpoon 
fisheries under Sec. 630.25(a)(1) or (b), aboard a vessel using or 
having aboard the specified gear, fish for swordfish, or possess or land 
swordfish in excess of the bycatch limits, as specified in 
Sec. 630.25(c).
    (t) Aboard a vessel using or having aboard gear other than drift 
gillnet, longline, or harpoon, fish for swordfish, or possess or land 
swordfish in excess of the bycatch limit, as specified in 
Sec. 630.25(d).
    (u) During a closure of the bycatch fishery under Sec. 630.25(a)(2), 
fish for, possess, or land swordfish, as specified in Sec. 630.25(e).
    (v) Interfere with, obstruct, delay, or prevent by any means, a 
lawful investigation or search in the process of enforcing this part.
    (w) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of a swordfish.
    (x) Violate any provision of this part, the Magnuson Act, the 
Atlantic Tunas Convention Act, or any regulations or permits issued 
under the Magnuson Act or the Atlantic Tunas Convention Act.
    (y) Purchase, sell, trade, or barter, or attempt to purchase, sell, 
trade, or barter, any swordfish or part thereof that is subject to the 
donation program in subpart D of this part, as specified at

[[Page 135]]

Sec. 630.51(b)(9), Sec. 630.51(c)(4), or Sec. 630.51(d)(5).
    (z) Exceed the vessel trip limits specified in Sec. 630.23.

[56 FR 65018, Dec. 13, 1991, as amended at 57 FR 34265, Aug. 4, 1992; 59 
FR 55064, Nov. 3, 1994; 60 FR 46778, Sept. 8, 1995; 61 FR 27307, May 31, 
1996]



Sec. 630.8  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.

[53 FR 24656, June 29, 1988]



Sec. 630.9  Penalties.

    See Sec. 620.9 of this chapter.

[53 FR 24656, June 29, 1988]



Sec. 630.10  At-sea observer coverage.

    (a) If a vessel's trip is selected by the Science and Research 
Director for observer coverage, the owner or operator of such vessel 
must accommodate an NMFS-approved observer.
    (b) When notified in writing by the Science and Research Director 
that his vessel has been selected to carry an NMFS-approved observer, an 
owner or operator of a vessel for which a vessel permit has been issued 
under Sec. 630.4 must advise the Science and Research Director in 
writing not less than 5 days in advance of each trip of the following:
    (1) Departure information (port, dock, date, and time); and
    (2) Expected landing information (port, dock, and date).
    (c) An owner or operator of a vessel on which an NMFS-approved 
observer is embarked must--
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew;
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties;
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position;
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish; and
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of fish for that trip.

[56 FR 65018, Dec. 13, 1991]



                     Subpart B--Management Measures

    Source: 56 FR 65019, Dec. 13, 1991, unless otherwise noted.



Sec. 630.20  Fishing Year.

    The fishing year is June 1 through July 31.

[61 FR 27307, May 31, 1996]



Sec. 630.21  Restrictions on transfer, off-loading, and sale.

    (a) A swordfish harvested from the North Atlantic Ocean, including 
the Gulf of Mexico and Caribbean Sea, north of 5 deg.N. latitude may not 
be transferred at sea, regardless of where the transfer takes place; and 
in the North Atlantic Ocean, including the Gulf of Mexico and Caribbean 
Sea, north of 5 deg.N. latitude a swordfish may not be transferred at 
sea regardless of where the swordfish was harvested.
    (b) A swordfish harvested from or possessed in the North Atlantic 
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5 deg.N. 
latitude may be initially sold, traded, or bartered or attempted to be 
sold, traded, or bartered only by an owner or operator of a vessel that 
has been issued a vessel permit under Sec. 630.4, except that a 
swordfish that is off-loaded in Puerto Rico or the U.S. Virgin Islands 
from a non-permitted vessel that fished exclusively shoreward of the 
outer boundary of the EEZ around Puerto Rico and the U.S. Virgin Islands 
with only handline gear aboard may be sold, traded, or bartered.
    (c) A swordfish harvested from or possessed in the North Atlantic 
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5 deg.N. 
latitude may be initially purchased, traded, or bartered or attempted to 
be purchased, traded, or bartered only by a dealer having a dealer 
permit issued under Sec. 630.4.

[[Page 136]]

    (d) A swordfish harvested from or possessed in the North Atlantic 
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5 deg.N. 
latitude in the recreational fishery may not be sold, purchased, traded, 
or bartered or attempted to be sold, purchased, traded, or bartered.



Sec. 630.22  Gear restrictions.

    A drift gillnet with a total length of 2.5 kilometers or more may 
not be used to fish for swordfish. A vessel using or having aboard a 
drift gillnet with a total length of 2.5 kilometers or more may not 
possess a swordfish.



Sec. 630.23  Harvest limitations.

    (a) Minimum size. The minimum allowable size for possession on board 
a fishing vessel for a swordfish taken from the management unit is 29 
inches (73 cm) carcass length, measured along the body contour (i.e., a 
curved measurement) from the cleithrum to the anterior portion of the 
caudal keel (CK measurement) or, if swordfish are weighed, 33 lb (15 kg) 
dressed weight. The cleithrum is the semicircular bony structure that 
forms the posterior edge of the gill opening. Measurement must be made 
at the point on the cleithrum that provides the shortest possible CK 
measurement (Figure 1 to part 630).
    (b) Carcass condition. A swordfish possessed in the North Atlantic 
Ocean, including the Gulf of Mexico and the Caribbean Sea, north of 
5 deg.N. latitude must be in whole or dressed form, and a swordfish 
landed from a fishing vessel in an Atlantic, Gulf of Mexico, or 
Caribbean coastal state must be maintained in whole or dressed form 
through off-loading, except such swordfish as are damaged by shark 
bites. A shark-bit swordfish for which the remainder of the carcass is 
less than the minimum size limit specified in paragraph (a) of this 
section may not be landed.
    (c) Vessel trip limits. In 1996, vessels issued a swordfish permit 
under Sec. 630.4 may not land from, or possess during, a single trip 
more than 31,600 lb (14,334 kg) dressed weight of swordfish, unless a 
closure has been effected under Sec. 630.25.

[57 FR 57369, Dec. 4, 1992, as amended at 60 FR 46778, Sept. 8, 1995; 61 
FR 27307, May 31, 1996]



Sec. 630.24  Quotas.

    (a) Applicability. A swordfish harvested from the North Atlantic 
swordfish stock by a vessel of the United States in other than the 
recreational fishery is counted against the directed-fishery gear quota 
or the by catch quota. A swordfish harvested by drift gillnet, longline, 
or harpoon and landed before the effective date of a closure for that 
gear, done pursuant to Sec. 630.25(a)(1), is counted against the 
applicable directed-fishery gear quota. After a gear closure, a 
swordfish landed by a vessel using or possessing gear for which a 
bycatch is allowed under Sec. 630.25(c) is counted against the bycatch 
allocation specified in paragraph (c) of this section. Notwithstanding 
the above, a swordfish harvested by a vessel using or possessing gear 
other than drift gillnet, longline, harpoon, or rod and reel is counted 
against the bycatch quota specified in paragraph (c) of this section at 
all times.
    (b) Directed-fishery quota.
    (1) The directed fishery quota for the period January 1, 1996, 
through May 31, 1996, is 1,021 mt dressed weight for the longline 
fishery, 22.5 mt dressed weight for the drift gillnet fishery, and 106 
mt dressed weight for the bycatch fishery.
    (2) The annual quota for the directed fishery for swordfish is 2,371 
mt dressed weight, divided into two semiannual quotas as follows:
    (i) For the semiannual period June 1 through November 30:
    (A) 23.45 mt dressed weight, that may be harvested by drift gillnet.
    (B) 1,162.05 mt dressed weight that may be harvested by longline and 
harpoon. To account for harvested fish that are discarded dead, only 
1064.44 mt dressed weight, may be landed in this category.
    (ii) For the semiannual period December 1 through May 31:
    (A) 23.45 mt dressed weight that may be harvested by drift gillnet.

[[Page 137]]

    (B) 1,162.05 mt dressed weight that may be harvested by longline and 
harpoon. To account for harvested fish that are discarded dead, only 
1064.44 mt dressed weight may be landed in this category.
    (3) Notwithstanding any other provision of this part, the sub-quotas 
for the drift gillnet fishery for January 1 - November 30, 1996, are 
available as follows:
    (i) For the period January 1 through June 30, 22.5 mt dressed 
weight; and
    (ii) For the period July 1 through November 30, 23.45 mt dressed 
weight.
    (4) A swordfish will be deemed to have been harvested by a drift 
gillnet when it is aboard, or off-loaded in an Atlantic, Gulf of Mexico, 
or Caribbean coastal state from, a vessel using or having aboard a drift 
gillnet or when it is aboard, or off-loaded in an Atlantic, Gulf of 
Mexico, or Caribbean coastal state from, a vessel which used or had 
aboard a drift gillnet during its current or most recent fishing trip.
    (c) Bycatch quota. The annual bycatch quota for swordfish is 560,000 
pounds (254,014 kg), dressed weight.
    (d) Adjustments to annual quotas.
    (1) NMFS will reevaluate the annual total allowable catch, the 
annual directed-fishery quota, the annual bycatch quota, bycatch limits 
in the non-directed fishery, and the harpoon gear set-aside each year. 
For the purpose of this evaluation, NMFS will consider the best 
available scientific information regarding the following factors:
    (i) Swordfish stock abundance assessments;
    (ii) Swordfish stock age and size composition;
    (iii) Catch and effort in the swordfish fishery; and
    (iv) Consistency with ICCAT recommendations.
    (2) NMFS may, at its discretion, convene a panel of scientists with 
expertise in swordfish stock assessment for the purpose of providing 
recommendations for adjustments to annual quotas.
    (3) NMFS will prepare a report of its evaluations, a regulatory 
impact review, and an environmental assessment.
    (4) Any adjustments to the 12-month directed-fishery quota will be 
apportioned equally between the June 1 through November 30 and December 
1 through May 31 semiannual periods.
    (5) NMFS will announce any adjustments to the annual quotas by 
publication of a proposed rule in the Federal Register, providing for a 
minimum of a 30-day comment period. The report of evaluations and any 
regulatory impact review and environmental assessment will be made 
available to the public. The Assistant Administrator will take into 
consideration all information received during this comment period and 
will publish a final rule in the Federal Register.
    (e) NMFS may adjust the December 1 through May 31 semiannual 
directed-fishery quota and gear quotas to reflect actual catches during 
the June 1 through November 30 semiannual period, provided that the 12-
month directed-fishery and gear quotas are not exceeded.
    (f) Inseason adjustments to the bycatch and directed fishery quotas. 
(1) If NMFS determines that the annual bycatch quota will not be taken 
before the end of the fishing year, the excess quota may be allocated to 
the directed-fishery quotas pursuant to the requirements and procedures 
in paragraphs (g) and (h) of this section.
    (2) If NMFS determines that it is necessary to close the directed 
fishery, any estimated overharvest or underharvest directed-fishery 
quota available immediately prior to that closure will be applied to the 
annual bycatch quota and will be used to adjust the annual bycatch quota 
accordingly.
    (g) Adjustments to gear quotas. If NMFS determines that the annual 
directed-fishery or bycatch quotas must be adjusted pursuant to 
paragraphs (d) and (f) of this section, the annual or semi-annual gear 
quotas will be adjusted so that the new gear quotas represent the same 
proportion (percentage) of the adjusted quota as they did of the quota 
before adjustment.
    (h) Notice of adjustments. (1) NMFS will announce a proposed 
adjustment in management measures pursuant to paragraph (e), (f), or (g) 
of this section by publication of a proposed rule in the Federal 
Register. The proposed rule will provide for public comment unless NMFS 
finds for good cause that such

[[Page 138]]

public comment is impracticable, unnecessary, or contrary to the public 
interest. NMFS will take into consideration all information received 
during the comment period and will publish the approved adjustment in 
management measures as a final rule in the Federal Register.
    (2) If NMFS finds for good cause that public comment on an 
adjustment in management measures pursuant to paragraph (e), (f), or (g) 
of this section is impracticable, unnecessary, or contrary to the public 
interest, such adjustment will be published as an interim final rule 
with a 15-day public comment period commencing on the date of 
publication.

[56 FR 65019, Dec. 13, 1991, as amended at 57 FR 34266, Aug. 4, 1992; 58 
FR 33569, June 18, 1993; 60 FR 46778, Sept. 8, 1995; 60 FR 51934, Oct. 
4, 1995; 61 FR 27307, May 31, 1996]



Sec. 630.25  Closures and bycatch limits.

    (a) Notice of closure. (1) When a directed-fishery annual, semi-
annual, or gear quota specified in Sec. 630.24 is reached, or is 
projected to be reached, NMFS will publish a notice in the Federal 
Register to close the entire directed fishery for fish from the North 
Atlantic swordfish stock, the drift gillnet fishery, or the harpoon and 
longline fisheries, as appropriate. The effective date of such notice 
will be at least 14 days after the date such notice is filed at the 
Office of the Federal Register. The closure will remain in effect until 
an additional directed-fishery or gear quota becomes available.
    (2) When the bycatch quota specified in Sec. 630.24(c) is reached, 
or is projected to be reached, NMFS will publish a notice in the Federal 
Register to prohibit further possession or retention of Atlantic 
swordfish by vessels of the United States. The effective date of such 
notice will be at least 14 days after the date such notice is filed at 
the Office of the Federal Register. The closure will remain in effect 
until a new annual bycatch quota becomes available.
    (b) Special set-aside for harpoon gear.  The procedures of paragraph 
(a)(1) of this section notwithstanding, during the June 1 through 
November 30 semiannual period, swordfish not exceeding 21,500 lb (9,752 
kg), dressed weight, may be set aside for the harpoon segment of the 
fishery. If NMFS determines that the harpoon and longline quota in this 
semi-annual period will be harvested before the harpoon segment of the 
fishery has had an opportunity to harvest the set-aside amount, the 
longline segment of the fishery will be closed and the harpoon segment 
will remain open until the set-aside amount is reached. The basis for 
such determination by NMFS will be published in the Federal Register in 
the closure notice.
    (c) Bycatch limits during a directed-fishery closure. (1) During a 
closure of the drift gillnet fishery, aboard a vessel using or having 
aboard a drift gillnet--
    (i) A person may not fish for swordfish from the North Atlantic 
swordfish stock; and
    (ii) No more than two swordfish per trip may be possessed in the 
North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, 
north of 5 deg.N. latitude, or landed in an Atlantic, Gulf of Mexico, or 
Caribbean coastal state.
    (2) During a closure of the longline fishery, aboard a vessel using 
or having aboard a longline and not having aboard harpoon gear--
    (i) A person may not fish for swordfish from the North Atlantic 
swordfish stock; and
    (ii) No more than 15 swordfish per trip may be possessed in the 
North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, 
north of 5O N. lat., or landed in an Atlantic, Gulf of Mexico, or 
Caribbean coastal state. The Assistant Administrator may modify or 
change the bycatch limits upon publication of notice in the Federal 
Register pursuant to the requirements and procedures in paragraphs 
(a)(1) and (a)(2) of this section. Changes in the bycatch limits will be 
based upon the length of the directed fishery closure as well as the 
estimated catch per vessel in the non-directed fishery.
    (3) During a closure of the harpoon fishery, aboard a vessel using 
or having aboard harpoon gear--
    (i) A person may not fish for swordfish from the North Atlantic 
swordfish stock; and
    (ii) No swordfish may be possessed in the North Atlantic Ocean, 
including the Gulf of Mexico and Caribbean Sea,

[[Page 139]]

north of 5 deg.N. latitude, or landed in an Atlantic, Gulf of Mexico, or 
Caribbean coastal state.
    (d) Bycatch limits in the non-directed fishery. Aboard a vessel 
using or having aboard gear other than drift gillnet, harpoon, or 
longline, other than a vessel in the recreational fishery--
    (1) A person may not fish for swordfish from the North Atlantic 
swordfish stock;
    (2) Except as specified in paragraph (d)(3) of this section, no more 
than two swordfish per trip may be possessed in the North Atlantic 
Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5  
deg.N. latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean 
coastal state; and
    (3) Aboard a vessel in the squid trawl fishery, no more than five 
swordfish per trip may be possessed in the North Atlantic Ocean, 
including the Gulf of Mexico and Caribbean Sea, north of 5  deg.N. 
latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal 
state. For the purposes of this paragraph (d)(3), a vessel is considered 
to be in the squid trawl fishery when it has no commercial fishing gear 
other than trawl gear aboard and squid constitute not less than 75 
percent by weight of the total fish aboard or off-loaded from the 
vessel.
    (e) Limits during a bycatch closure. During a closure of the bycatch 
fishery under paragraph (a)(2) of this section, the provisions of 
paragraphs (c) and (d) of this section notwithstanding, aboard a fishing 
vessel, other than a vessel in the recreational fishery--
    (1) A person may not fish for swordfish from the North Atlantic 
swordfish stock; and
    (2) No swordfish may be possessed in the North Atlantic Ocean, 
including the Gulf of Mexico and Caribbean Sea, north of 5 deg.N. 
latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean coastal 
state.

[56 FR 65019, Dec. 13, 1991, as amended at 57 FR 34266, Aug. 4, 1992; 60 
FR 46778, Sept. 8, 1995; 61 FR 27308, May 31, 1996; 61 FR 34746, July 3, 
1996]



Sec. 630.26  Specifically authorized activities.

    NMFS may authorize for the acquisition of information and data, 
activities that are otherwise prohibited by these regulations.



              Subpart C--Restrictions on Swordfish Imports



Sec. 630.40  Applicability.

    The policies and procedures contained in 50 CFR 285.80 through 
285.86, which implement the provisions of section 6(c) of the Atlantic 
Tunas Convention Act, 16 U.S.C. 971 et seq., with respect to import 
controls and which specify procedures for the establishment of 
restrictions on imports of tuna, apply to swordfish from the North 
Atlantic swordfish stock.



                       Subpart D--Donation Program

    Source: 59 FR 55064, Nov. 3, 1994, unless otherwise noted.



Sec. 630.50   Purpose.

    This subpart implements a program under which swordfish from the 
North Atlantic swordfish stock that are retained in excess of the trip 
allowance for undersized swordfish specified in Sec. 630.23(b) must be 
retained for donation through the Second Harvest National Foodbank 
Network to the needy. This program is intended to obtain additional 
information regarding the harvest, mortality, and biological 
characteristics of swordfish less than the minimum size limit and to 
avoid waste of swordfish that would otherwise be discarded dead.



Sec. 630.51  Participation.

    (a) General. Owners of vessels and dealers permitted under 
Sec. 630.4 may volunteer to participate in the swordfish donation 
program by contacting the Chief, Highly Migratory Species Division, 
Office of Fisheries Conservation and Management, NMFS, 1335 East-West 
Highway, Silver Spring, MD 20910; telephone: (301) 713-2347, facsimile 
(301) 588-4967. The Chief, Highly Migratory Species Division, will 
select owners of vessels and dealers who may participate in the donation 
program and will keep selected vessel owners advised of the selected 
dealers.
    (1) Factors that will be considered in the selection process 
include:

[[Page 140]]

    (i) History of voluntary participation in NMFS cooperative 
scientific programs;
    (ii) Whether both vessel and dealer volunteers can be matched in an 
area throughout the year (including truck routes) to ensure distribution 
of donated fish;
    (iii) Representative coverage of the fishery, to the extent 
possible; and
    (iv) Compliance record of volunteers. Specifically, any person who 
has been issued a Notice of Violation and Assessment (NOVA) for 
violating any provision of the Magnuson Act (16 U.S.C. 1802 et seq.), 
the Lacey Act (16 U.S.C. 3371 et seq.), or the ATCA (16 U.S.C. 971 et 
seq.), or who is currently under investigation for such a violation, may 
be excluded from the program.
    (2) Selected dealers will also be advised of the selected vessel 
owners and of authorized Second Harvest recipients of donated swordfish.
    (3) Second Harvest is the Second Harvest National Foodbank Network, 
116 South Michigan Avenue, Suite 4, Chicago, IL 60603-6001. Second 
Harvest affiliates are Certified Affiliate Food Banks throughout the 
United States that have a contract with Second Harvest and are 
officially part of their National Foodbank Network. Agents of Second 
Harvest are the individual charities that distribute or serve food to 
the needy from the Affiliate Food Banks, or a business designated by 
letter from Second Harvest to transport donated food between the 
foodbank and the charity.
    (b) Vessels. The owner, or their operator, of a vessel that has been 
selected to participate in the donation program and so notified in 
writing by the Chief, Highly Migratory Species Division, may retain 
swordfish from the North Atlantic swordfish stock that are in excess of 
the trip allowance for undersized swordfish specified in Sec. 630.23(b) 
under the following terms and conditions. No person may land a swordfish 
in excess of the trip allowance for undersized swordfish other than in 
accordance with these terms and conditions; any such landing constitutes 
a violation of the prohibition specified in Sec. 630.7(q).
    (1) The vessel's selection letter from the Chief, Highly Migratory 
Species Division, must be carried on board the fishing vessel and the 
operator must present it for inspection upon the request of an 
authorized officer.
    (2) The vessel's owner or operator must release any swordfish that 
is less than the minimum allowable size specified in Sec. 630.23(a) and 
that is alive when brought aboard the vessel, in a manner that will 
ensure maximum probability of survival. If caught by hook, such fish 
must be released by cutting the line near the hook without removing the 
swordfish from the water. The owner or operator must make a reasonable 
effort to tag each swordfish released under this paragraph (b)(2). In 
addition, participants are encouraged to tag all released small bluefin 
tuna, big eye tuna, yellowfin tuna and sharks where possible. Tags will 
be provided by the Science and Research Director. A record of each tag 
and release must be maintained and submitted to the Science and Research 
Director on forms provided with the tags.
    (3) The vessel's owner or operator must retain any swordfish that is 
dead when brought aboard the vessel.
    (4) The vessel's owner or operator must tag any swordfish that is 
retained under the donation program of this subpart prior to its off-
loading from a vessel at the facility of a selected dealer, using a non-
reusable, individually numbered donation tag provided by the Chief, 
Highly Migratory Species Division. The donation tag is not to be removed 
by the vessel crew, dealer, or Second Harvest until the carcass is 
processed.
    (5) All tags assigned to a vessel by NMFS Highly Migratory Species 
Division, used or unused, must be accounted for by the owner/operator at 
the request of any authorized officer.
    (6) The vessel's owner or operator must off-load any swordfish that 
is retained under the donation program of this subpart only at a 
specified facility of a dealer who has been selected by the Chief, 
Highly Migratory Species Division, to participate in the donation 
program. Off-loading must begin between the hours of 8 a.m. and 6 p.m. 
local time. An owner or operator must notify the Chief, NMFS Office of 
Enforcement, by telephone at numbers given in the vessel owner's 
selection

[[Page 141]]

letter, and a selected dealer, at least 24 hours prior to off-loading 
swordfish under the donation program, unless stated otherwise in the 
vessel owner's selection letter.
    (7) The Assistant Administrator, upon consulting with industry 
representatives and NMFS Office of Enforcement, may change the 
requirements for off-loading by notification in the Federal Register.
    (8) All swordfish harvested during a trip by a vessel participating 
in this pilot program must be off-loaded at the same facility to a 
dealer participating in this donation program.
    (9) No vessel owner or operator may sell, trade, or barter, or 
attempt to sell, trade, or barter, any swordfish or any part thereof 
that is retained under the donation program of this subpart.
    (c) Dealers. A dealer who has been selected and so notified in 
writing by the Chief, Highly Migratory Species Division, to participate 
in the donation program may receive and retain swordfish from the North 
Atlantic swordfish stock that are in excess of a vessel's trip allowance 
for undersized swordfish specified in Sec. 630.23(b) under the following 
terms and conditions. Possession of an undersized swordfish other than 
in accordance with these terms and conditions constitutes a violation of 
the prohibition specified in Sec. 620.7(a) of this chapter.
    (1) Dealers must have available on their premises, or facility, the 
dealer selection letter from the Chief, Highly Migratory Species 
Division, and must present it for inspection upon the request of an 
authorized officer.
    (2) A dealer may receive swordfish in excess of a vessel's trip 
allowance for undersized swordfish only from a vessel that has been 
selected by the Chief, Highly Migratory Species Division, to participate 
in the donation program.
    (3) A swordfish that is received under the donation program must be 
kept separate from other swordfish possessed by the dealer. The donation 
tag on such swordfish may not be removed.
    (4) No dealer may sell, trade, or barter, or attempt to sell, trade, 
or barter, any swordfish, or any part thereof, that is retained under 
the donation program of this subpart.
    (5) A dealer may transfer any swordfish that is received under the 
donation program only to Second Harvest, and such swordfish may be 
transported only by Second Harvest or their designated agent. The dealer 
must obtain the receipt specified in paragraph (d)(3) of this section 
from Second Harvest or their designated agent. A copy of the receipt 
must be furnished by the dealer to the harvesting vessel.
    (6) The dealer must include individual swordfish tag numbers along 
with the associated individual carcass weights of swordfish received 
under the donation program in the twice-monthly reports required by 
Sec. 630.5(b).
    (d) Second Harvest. Second Harvest, or its affiliates or agents, may 
receive and distribute swordfish from the North Atlantic swordfish stock 
that are in excess of the trip allowance for undersized swordfish 
specified in Sec. 630.23(b) under the following terms and conditions. 
Possession of a swordfish other than in accordance with these terms and 
conditions constitutes a violation of the prohibition specified in 
Sec. 620.7(a) of this chapter.
    (1) Second Harvest may receive swordfish that are in excess of the 
trip allowance for undersized swordfish only from a dealer who has been 
selected by the Chief, Highly Migratory Species Division, to participate 
in the donation program.
    (2) Second Harvest may receive only undersized swordfish with 
donation tags attached.
    (3) Upon receiving swordfish under the donation program, Second 
Harvest must provide a bill of lading receipt that shows, or has 
affixed, individual carcass weights and associated tag numbers of 
swordfish received, the names and permit number(s) of the vessel(s) that 
harvested the swordfish, the name and permit number of the dealer, and 
the date of receipt. Such receipt must be distributed as follows: 
Original and one copy (for the vessel owner or operator) to the dealer, 
one copy to the Chief, Highly Migratory Species Division, and one copy 
retained by Second Harvest to accompany the carcass shipment until it is 
processed.

[[Page 142]]

    (4) All tags received by Second Harvest affiliates or agents must be 
returned to Second Harvest and accounted for by Second Harvest at the 
request of any authorized officer, or Chief, Highly Migratory Species 
Division.
    (5) Second Harvest, its affiliates or agents, may not sell, trade, 
or barter, or attempt to sell, trade, or barter, any swordfish or any 
part thereof that is retained under the donation program of this 
subpart.
    (e) Duration of selection. A selection letter remains valid for the 
period specified therein, provided the permit issued to the 
participating vessel or dealer under Sec. 630.4 remains valid, except 
that such selection letter may be revoked by the Chief, Highly Migratory 
Species Division--
    (1) Upon the request of the participating vessel owner or dealer;
    (2) Upon issuance of a Notice of Violation and Assessment against 
the participating vessel owner or dealer for a violation of the Magnuson 
Act (16 U.S.C. 1802 et seq.), the Lacey Act (16 U.S.C. 3371 et seq.), or 
the ATCA (16 U.S.C. 971 et seq.); or
    (3) For actions not consistent with the requirements of the pilot 
program of this subpart.
    (f) Transfer. A selection letter issued under this subpart is not 
transferable or assignable. Such letter is valid only for the vessel or 
dealer for which it was issued.



Sec. 630.52  Termination.

    Upon a finding by the Assistant Administrator that the intended 
purposes of the program are not being achieved, or that the program is 
no longer in conformance with the recommendations of the International 
Commission for the Conservation of Atlantic Tunas, the Assistant 
Administrator may terminate the program by notification in the Federal 
Register.

[[Page 143]]

[GRAPHIC] [TIFF OMITTED] TC03MR91.058



[56 FR 65021, Dec. 13, 1991]

[[Page 144]]



PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH ATLANTIC--Table of Contents




                      Subpart A--General Provisions

Sec.
640.1    Purpose and scope.
640.2  Definitions.
640.3  Relation to other laws.
640.4  Permits and fees.
640.5  Recordkeeping and reporting. [Reserved]
640.6  Vessel and gear identification.
640.7  Prohibitions.
640.8  Facilitation of enforcement.
640.9  Penalties.

                     Subpart B--Management Measures

640.20  Seasons.
640.21  Harvest limitations.
640.22  Gear and diving restrictions.
640.23  Bag/possession limits.
640.24  Authorized activities.

                            Figures--Part 640

Figure 1--Carapace Length

    Authority: 16 U.S.C. 1801 et seq.



                      Subpart A--General Provisions



Sec. 640.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for the Spiny Lobster Fishery of the Gulf of Mexico and South 
Atlantic prepared by the South Atlantic and Gulf of Mexico Fishery 
Management Councils under the Magnuson Act.
    (b) This part governs conservation and management of spiny lobster 
and slipper (Spanish) lobster in the EEZ in the Atlantic Ocean and Gulf 
of Mexico off the Atlantic and Gulf of Mexico states from the Virginia/
North Carolina border south and through the Gulf of Mexico.
    (c) An owner or operator of a vessel that has legally harvested 
spiny lobsters in the waters of a foreign nation and possesses spiny 
lobsters, or separated tails, in the EEZ incidental to such foreign 
harvesting is exempt from the requirements of this part 640, provided 
proof of lawful harvest in the waters of a foreign nation accompanies 
such lobsters or tails.

[57 FR 56518, Nov. 30, 1992]



Sec. 640.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following 
meanings:
    Bully net means a circular frame attached at right angles to the end 
of a pole and supporting a conical bag of webbing. The webbing is 
usually held up by means of a cord which is released when the net is 
dropped over a lobster.
    Carapace length means the measurement of the carapace (head, body, 
or front section) of a spiny lobster from the anteriormost edge (front) 
of the groove between the horns directly above the eyes, along the 
middorsal line (middle of the back), to the rear edge of the top part of 
the carapace, excluding any translucent membrane.
    Commercial fishing means any fishing or fishing activities which 
result in the harvest of any marine or freshwater organisms, one or more 
of which (or parts thereof) is sold, traded, or bartered.
    Hoop net means a frame, circular or otherwise, supporting a shallow 
bag of webbing and suspended by a line and bridles. The net is baited 
and lowered to the ocean bottom, to be raised rapidly at a later time to 
prevent the escape of lobster.
    Live well means a shaded container used for holding live lobsters 
aboard a vessel in which aerated seawater is continuously circulated 
from the sea. Circulation of seawater at a rate that replaces the water 
at least every 8 minutes meets the requirement for aeration.
    Off Florida means the area from the Florida coast to the outer limit 
of the EEZ between the Georgia/Florida boundary (30 deg.42'45.6''N. 
latitude) and the Alabama/Florida boundary (87 deg.31'06''W. longitude).
    Off the Gulf states, other than Florida means the area from the 
coast to the outer limit of the EEZ between the Texas/Mexico border to 
the Alabama/Florida boundary (87 deg.31'06'' W. long.).
    Off Monroe County, Florida means the area from the Florida coast to 
the outer limit of the EEZ between a line extending directly east from 
the Dade/Monroe County, Florida boundary

[[Page 145]]

(25 deg.20.4'N. latitude) and a line extending directly west from the 
Monroe/Collier County, Florida boundary (25 deg.48.0'N. latitude).
    Off the southern Atlantic states, other than Florida means the area 
from the coast to the outer limit of the EEZ between the Virginia/North 
Carolina boundary (36 deg.34'55'' N. lat.) to the Georgia/Florida 
boundary (30 deg.42'45.6'' N. lat.).
    Recreational fishing means fishing or fishing activities which 
result in the harvest of fish, none of which (or parts thereof) is sold, 
traded, or bartered.
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
    Slipper (Spanish) lobster means the species Scyllarides nodifer.
    Spiny lobster means the species Panulirus argus.
    Tail length means the lengthwise measurement of the entire tail 
(segmented portion), not including any protruding muscle tissue, of a 
spiny lobster along the top middorsal line (middle of the back) to the 
rearmost extremity. The measurement is made with the tail in a flat, 
straight position with the tip of the tail closed.
    Trip means a fishing trip, regardless of number of days' duration, 
that begins with departure from a dock, berth, beach, seawall, or ramp 
and that terminates with return to a dock, berth, beach, seawall, or 
ramp.

[47 FR 29203, July 2, 1982, as amended at 52 FR 22659, June 15, 1987; 53 
FR 17196, May 16, 1988; 53 FR 24655, June 29, 1988; 53 FR 38294, Sept. 
30, 1988; 55 FR 26448, June 28, 1990; 57 FR 56518, Nov. 30, 1992; 58 FR 
38979, July 21, 1993; 59 FR 53119, Oct. 21, 1994; 60 FR 41830, Aug. 14, 
1995]



Sec. 640.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter and paragraph (b) of this section.
    (b) The regulations in this part apply within the boundaries of any 
national park, monument, or marine sanctuary in the Gulf of Mexico and 
South Atlantic EEZ.

[47 FR 29203, July 2, 1982, as amended at 52 FR 22659, June 15, 1987; 53 
FR 24655, June 29, 1988]



Sec. 640.4  Permits and fees.

    (a) Applicability--(1) Licenses, certificates, and permits--(i) EEZ 
off Florida and spiny lobster landed in Florida. For a person to sell, 
trade, or barter, or attempt to sell, trade, or barter, a spiny lobster 
harvested or possessed in the EEZ off Florida, or harvested in the EEZ 
other than off Florida and landed from a fishing vessel in Florida, or 
for a person to be exempt from the daily bag and possession limit 
specified in Sec. 640.23(b)(1) for such spiny lobster, such person must 
have the licenses and certificates specified to be a ``commercial 
harvester,'' as defined in Rule 46-24.002(2), Florida Administrative 
Code, in effect as of June 1, 1994. This incorporation by reference was 
approved by the Director of the Office of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from the Florida Marine Fisheries Commission, 2540 Executive 
Center Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904-
487-0554. Copies may be inspected at the Office of the Regional 
Director; the Office of Fisheries Conservation and Management, NMFS, 
1315 East-West Highway, Silver Spring, MD; or the Office of the Federal 
Register, 800 North Capitol Street NW, Suite 700, Washington, DC.
    (ii) EEZ other than off Florida. For a person to sell, trade, or 
barter, or attempt to sell, trade, or barter, a spiny lobster harvested 
in the EEZ other than off Florida or for a person to be exempt from the 
daily bag and possession limit specified in Sec. 640.23(b)(1) for such 
spiny lobster, a Federal vessel permit must be issued to the harvesting 
vessel and must be on board. However, see paragraph (a)(1)(i) of this 
section for the licenses and certificates required for a person to 
possess or land spiny lobster harvested in the EEZ other than off 
Florida and subsequently possessed in the EEZ off Florida or landed from 
a fishing vessel in Florida.
    (2) Tail-separation permits. For a person to possess aboard a 
fishing vessel a separated spiny lobster tail in or from the EEZ, a 
tail-separation permit must be issued to the vessel and must be on 
board.

[[Page 146]]

    (3) Corporation/partnership-owned vessels. For a vessel owned by a 
corporation or partnership to be eligible for a Federal vessel permit 
specified in paragraph (a)(1)(ii) of this section, the earned income 
qualification specified in paragraph (b)(2)(vi) of this section must be 
met by, and the statement required by that paragraph must be submitted 
by, an officer or shareholder of the corporation, a general partner of 
the partnership, or the vessel operator.
    (4) Operator-qualified permits. A vessel permit issued upon the 
qualification of an operator is valid only when that person is the 
operator of the vessel.
    (b) Applications for permits. (1) An application for a Federal 
vessel and/or tail-separation permit must be submitted and signed by the 
owner (in the case of a corporation, a qualifying officer or 
shareholder; in the case of a partnership, a qualifying general partner) 
or operator of the vessel. The application must be submitted to the 
Regional Director at least 30 days prior to the date on which the 
applicant desires to have the permit made effective.
    (2) An applicant must provide the following information:
    (i) A copy of the vessel's U.S. Coast Guard certificate of 
documentation or, if not documented, a copy of its state registration 
certificate.
    (ii) The vessel's name and official number.
    (iii) Name, mailing address including zip code, telephone number, 
social security number, and date of birth of the owner (if the owner is 
a corporation/partnership, in lieu of the social security number, 
provide the employer identification number, if one has been assigned by 
the Internal Revenue Service, and, in lieu of the date of birth, provide 
the date the corporation/partnership was formed).
    (iv) If the owner does not meet the earned income qualification 
specified in paragraph (b)(2)(vi) of this section and the operator does 
meet that qualification, the name, mailing address including zip code, 
telephone number, social security number, and date of birth of the 
operator.
    (v) Information concerning vessel, gear used, fishing areas, and 
fisheries vessel is used in, as requested by the Regional Director and 
included on the application form.
    (vi) A sworn statement by the applicant for a vessel permit 
certifying that at least 10 percent of his or her earned income was 
derived from commercial fishing, that is, sale of the catch, during the 
calendar year preceding the application.
    (vii) Documentation supporting the statement of income, if required 
under paragraph (b)(3) of this section.
    (viii) If a tail-separation permit is desired, a sworn statement by 
the applicant certifying that his or her fishing activity--
    (A) Is routinely conducted in the EEZ on trips of 48 hours or more; 
and
    (B) Necessitates the separation of carapace and tail to maintain a 
quality product.
    (ix) Any other information that may be necessary for the issuance or 
administration of the permit, as requested by the Regional Director and 
included on the application form.
    (3) The Regional Director may require the applicant to provide 
documentation supporting the sworn statement under paragraph (b)(2)(vi) 
of this section before a permit is issued or to substantiate why such 
permit should not be revoked or otherwise sanctioned under paragraph (h) 
of this section. Such required documentation may include copies of 
appropriate forms and schedules from the applicant's income tax return. 
Copies of income tax forms and schedules are treated as confidential.
    (c) Change in application information. The owner or operator of a 
vessel with a permit must notify the Regional Director within 30 days 
after any change in the application information specified in paragraph 
(b) of this section. The permit is void if any change in the information 
is not reported within 30 days.
    (d) Fees. A fee is charged for each permit application submitted 
under paragraph (b) of this section. The amount of the fee is calculated 
in accordance with the procedures of the NOAA Finance Handbook for 
determining the administrative costs of each special product or service. 
The fee may not exceed such costs and is specified with

[[Page 147]]

each application form. The appropriate fee must accompany each 
application.
    (e) Issuance. (1) The Regional Director will issue a permit at any 
time to an applicant if the application is complete and the applicant 
meets the earned income requirement specified in paragraph (b)(2)(vi) of 
this section. An application is complete when all requested forms, 
information, and documentation have been received.
    (2) Upon receipt of an incomplete application, the Regional Director 
will notify the applicant of the deficiency. If the applicant fails to 
correct the deficiency within 30 days of the date of the Regional 
Director's letter of notification, the application will be considered 
abandoned.
    (f) Duration. A permit remains valid for the period specified on it 
unless the vessel is sold or the permit is revoked, suspended, or 
modified pursuant to subpart D of 15 CFR part 904.
    (g) Transfer. A permit issued pursuant to this section is not 
transferable or assignable. A person purchasing a permitted vessel who 
desires to conduct activities for which a permit is required must apply 
for a permit in accordance with the provisions of paragraph (b) of this 
section. The application must be accompanied by a copy of a signed bill 
of sale.
    (h) Display. A permit issued pursuant to this section must be 
carried on board the vessel, and such vessel must be identified as 
required by Sec. 640.6. The operator of a vessel must present the permit 
for inspection upon the request of an authorized officer.
    (i) Sanctions and denials. A permit issued pursuant to this section 
may be revoked, suspended, or modified, and a permit application may be 
denied, in accordance with the procedures governing enforcement-related 
permit sanctions and denials found at subpart D of 15 CFR part 904.
    (j) Alteration. A permit that is altered, erased, or mutilated is 
invalid.
    (k) Replacement. A replacement permit may be issued. An application 
for a replacement permit will not be considered a new application. A 
fee, the amount of which is stated with the application form, must 
accompany each request for a replacement permit.

[57 FR 56518, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994; 
60 FR 41830, Aug. 14, 1995]
Sec. 640.5  Recordkeeping and reporting. [Reserved]



Sec. 640.6  Vessel and gear identification.

    (a) EEZ off Florida. (1) An owner or operator of a vessel that is 
used to harvest spiny lobsters by traps in the EEZ off Florida must 
comply with the vessel and gear identification requirements applicable 
to the harvesting of spiny lobsters by traps in Florida's waters in 
sections 370.14(2)(a) and (3) and 370.142(2)(b), Florida Statutes, in 
effect as of July 1, 1994, and in Rule 46-24.006(3), (4), and (5), 
Florida Administrative Code, in effect as of June 1, 1994.
    (2) An owner or operator of a vessel that is used to harvest spiny 
lobsters by diving in the EEZ off Florida must comply with the vessel 
identification requirements applicable to the harvesting of spiny 
lobsters by diving in Florida's waters in Rule 46-24.006(6), Florida 
Administrative Code, in effect as of June 1, 1994.
    (3) The incorporation by reference in paragraphs (a)(1) and (a)(2) 
of this section of sections 370.14(2)(a) and (3) and 370.142(2)(b), 
Florida Statutes, and Rule 46-24.006(3), (4), (5), and (6), Florida 
Administrative Code, was approved by the Director of the Office of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be obtained from the Florida Marine Fisheries Commission, 
2540 Executive Center Circle West, Suite 106, Tallahassee, FL 32301; 
telephone: 904-487-0554. Copies may be inspected at the Office of the 
Regional Director; the Office of Fisheries Conservation and Management, 
NMFS, 1315 East-West Highway, Silver Spring, MD; or the Office of the 
Federal Register, 800 North Capitol Street NW, Suite 700, Washington, 
DC.
    (b) EEZ other than off Florida. (1) The owner or operator of a 
vessel that is used to harvest spiny lobsters in the EEZ other than off 
Florida, must meet the following vessel and gear identification 
requirements:

[[Page 148]]

    (i) The vessel's Florida crawfish license or trap number or, if not 
licensed by Florida, the vessel's Federal vessel permit number must be 
permanently and conspicuously displayed horizontally on the uppermost 
structural portion of the vessel in numbers at least 10 inches (25.4 cm) 
high so as to be readily identifiable from the air and water;
    (ii) If the vessel uses spiny lobster traps in the EEZ, other than 
off Florida--
    (A) The vessel's color code, as assigned by Florida or, if a color 
code has not been assigned by Florida, as assigned by the Regional 
Director, must be permanently and conspicuously displayed above the 
number specified in paragraph (b)(1)(i) of this section so as to be 
readily identifiable from the air and water, such color code being in 
the form of a circle at least 20 inches (50.8 cm) in diameter on a 
background of colors contrasting to those contained in the assigned 
color code;
    (B) A buoy or timed-release buoy of such strength and buoyancy to 
float must be attached to each spiny lobster trap or at each end of a 
string of traps;
    (C) A buoy used to mark spiny lobster traps must bear the vessel's 
assigned color code and be of such color, hue, and brilliancy as to be 
easily distinguished, seen, and located;
    (D) A buoy used to mark spiny lobster traps must bear the vessel's 
Florida crawfish license or trap number or, if not licensed by Florida, 
the vessel's Federal vessel permit number in numbers at least 2 inches 
(5.08 cm) high; and
    (E) A spiny lobster trap must bear the vessel's Florida crawfish 
license or trap number or, if not licensed by Florida, the vessel's 
Federal vessel permit number permanently and legibly affixed.
    (2) A spiny lobster trap in the EEZ, other than off Florida, will be 
presumed to be the property of the most recently documented owner. Upon 
the sale or transfer of a spiny lobster trap used in the EEZ, other than 
off Florida, within 5 days of acquiring ownership, the person acquiring 
ownership must notify the Florida Division of Law Enforcement of the 
Department of Environmental Protection, for a trap that bears a Florida 
crawfish license or trap number, or the Regional Director, for a trap 
that bears a Federal vessel permit number, as to the number of traps 
purchased, the vendor, and the crawfish license or trap number, or 
Federal vessel permit number, currently displayed on the traps, and must 
request issuance of a crawfish license or trap number, or Federal vessel 
permit, if the acquiring owner does not possess such license or trap 
number or permit.
    (c) Unmarked traps and buoys. An unmarked spiny lobster trap or buoy 
in the EEZ is illegal gear. Such trap or buoy, and any connecting lines, 
will be considered unclaimed or abandoned property and may be disposed 
of in any manner considered appropriate by the Assistant Administrator 
or an authorized officer. An owner of such trap or buoy remains subject 
to appropriate civil penalties.

[57 FR 56519, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994; 
60 FR 41830, Aug. 14, 1995]



Sec. 640.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Sell, trade, or barter, or attempt to sell, trade, or barter, a 
spiny lobster in or from the EEZ without a required license, 
certificate, or permit, as specified in Sec. 640.4(a)(1).
    (b) Falsify information specified in Sec. 640.4(b)(2) on an 
application for a permit.
    (c) Fail to display a permit, as specified in Sec. 640.4(h).
    (d) Falsify or fail to display and maintain vessel and gear 
identification, as required by Sec. 640.6 (a) and (b).
    (e) Possess a spiny lobster trap in the EEZ at a time not 
authorized, as specified in Sec. 640.20(b)(3)(i) and (b)(3)(ii).
    (f) Possess a spiny lobster in or from the EEZ at a time not 
authorized, as specified in Sec. 640.20(b)(4).
    (g) Fail to return immediately to the water a berried spiny lobster 
or slipper lobster; strip eggs from or otherwise molest a berried spiny 
lobster or slipper lobster; or possess a spiny lobster or slipper 
lobster, or part thereof, from which eggs, swimmerettes, or pleopods

[[Page 149]]

have been removed or stripped; as specified in Sec. 640.21(a).
    (h) Possess or fail to return immediately to the water unharmed a 
spiny lobster smaller than the minimum size limits specified in 
Sec. 640.21 (b)(1) and (b)(3), except as provided in Sec. 640.21(c).
    (i) Harvest or attempt to harvest a spiny lobster by diving without 
having and using in the water a measuring device, or fail to release an 
undersized spiny lobster in the water, as specified in 
Sec. 640.21(b)(2).
    (j) Possess an undersized spiny lobster for use as an attractant in 
a trap in quantities or under conditions not authorized in 
Sec. 640.21(c).
    (k) Possess a separated spiny lobster tail, except as specified in 
Sec. 640.21(d).
    (l) Possess a spiny lobster harvested by prohibited gear or methods; 
or possess on board a fishing vessel any dynamite or similar explosive 
substance; as specified in Sec. 640.20(b) and Sec. 640.22 (a)(1) and 
(a)(3).
    (m) Use or possess in the EEZ a spiny lobster trap that does not 
meet the requirements specified in Sec. 640.22(b)(1).
    (n) Pull or tend a spiny lobster trap other than during daylight 
hours, as specified in Sec. 640.22(b)(2).
    (o) Pull or tend another person's spiny lobster trap, except as 
authorized in Sec. 640.22(b)(3).
    (p) Possess spiny lobsters in or from the EEZ in an amount exceeding 
the daily bag and possession limit specified in Sec. 640.23 (a), (b)(1), 
or (b)(2) except as authorized in Sec. 640.23(b)(3) and (b)(4).
    (q) Possess spiny lobsters aboard a vessel that uses or has on board 
a net or trawl in an amount exceeding the limits, as specified in 
Sec. 640.23(b)(4).
    (r) Operate a vessel that fishes for or possesses spiny lobster in 
or from the EEZ with spiny lobster aboard in an amount exceeding the 
cumulative bag and possession limit, as specified in Sec. 640.23(d).
    (s) Transfer or receive at sea spiny lobster in or from the EEZ 
caught under the bag and possession limits, as specified in 
Sec. 640.23(e).
    (t) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson Act.
    (u) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of a spiny lobster.

[57 FR 56520, Nov 30, 1992, as amended at 58 FR 38979, July 21, 1993; 58 
FR 61845, Nov. 23, 1993; 59 FR 53119, Oct. 21, 1994; 60 FR 41831, Aug. 
14, 1995]



Sec. 640.8  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.

[53 FR 24656, June 29, 1988]



Sec. 640.9  Penalties.

    See Sec. 620.9 of this chapter.

[53 FR 24656, June 29, 1988]



                     Subpart B--Management Measures

    Source: 57 FR 56520, Nov. 30, 1992, unless otherwise noted.



Sec. 640.20  Seasons.

    (a) EEZ off the southern Atlantic states, other than Florida. In the 
EEZ off the southern Atlantic states, other than Florida, there are no 
seasonal restrictions on the harvest of spiny lobster or on the 
possession of traps.
    (b) EEZ off Florida and off the Gulf states, other than Florida--(1) 
Commercial and recreational fishing season. The commercial and 
recreational fishing season for spiny lobster in the EEZ off Florida and 
the EEZ off the Gulf states, other than Florida, begins on August 6 and 
ends on March 31.
    (2) Special recreational fishing seasons--(i) EEZ off Florida. There 
is a 2-day special recreational fishing season in the EEZ off Florida on 
the last Wednesday and successive Thursday of July each year during 
which fishing for spiny lobster is limited to diving or use of a bully 
net or hoop net. (See Sec. 640.22(a) for general prohibitions on gear 
and methods.) In the EEZ off Monroe County, Florida, no person may 
harvest spiny lobster by diving at night, that is, from 1 hour after 
official sunset to 1 hour before official sunrise, during this 2-day 
special recreational fishing season.
    (ii) EEZ off the Gulf states, other than Florida. There is a 2-day 
special recreational fishing season in the EEZ off

[[Page 150]]

the Gulf states, other than Florida, during the last Saturday and 
successive Sunday of July each year during which fishing for spiny 
lobster may be conducted by authorized gear and methods other than 
traps. (See Sec. 640.22(a) for general prohibitions on gear and 
methods.)
    (3) Possession of traps. (i) In the EEZ off Florida, the rules and 
regulations applicable to the possession of spiny lobster traps in 
Florida's waters in Rule 46-24.005(3), (4), and (5), Florida 
Administrative Code, in effect as of June 1, 1994, apply in their 
entirety to the possession of spiny lobster traps in the EEZ off 
Florida. This incorporation by reference was approved by the Director of 
the Office of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies may be obtained from the Florida Marine 
Fisheries Commission, 2540 Executive Center Circle West, Suite 106, 
Tallahassee, FL 32301; telephone: 904-487-0554. Copies may be inspected 
at the Office of the Regional Director; the Office of Fisheries 
Conservation and Management, NMFS, 1315 East-West Highway, Silver 
Spring, MD; or the Office of the Federal Register, 800 North Capitol 
Street NW, Suite 700, Washington, DC.
    (ii) In the EEZ off the Gulf states, other than Florida, a spiny 
lobster trap may be placed in the water prior to the commercial and 
recreational fishing season, which is specified in paragraph (b)(1) of 
this section beginning on August 1 and must be removed from the water 
after such season not later than April 5.
    (iii) A spiny lobster trap, buoy, or rope in the EEZ off Florida or 
in the EEZ off the Gulf states, other than Florida, during periods not 
authorized in paragraphs (b)(3)(i) and (b)(3)(ii) of this section will 
be considered unclaimed or abandoned property and may be disposed of in 
any manner considered appropriate by the Assistant Administrator or an 
authorized officer. An owner of such trap, buoy, or rope remains subject 
to appropriate civil penalties.
    (4) Possession of spiny lobsters. In the EEZ off Florida and the 
Gulf states, a whole or a part of a spiny lobster subject to these 
regulations may only be possessed during the commercial and recreational 
fishing season and the special recreational fishing season specified in 
Sec. 640.20, unless accompanied by proof of lawful harvest in the waters 
of a foreign nation. Consistent with the provisions of paragraphs 
(b)(3)(i) and (ii) of this section, a spiny lobster in a trap in this 
area will not be deemed to be possessed provided such spiny lobster is 
returned immediately to the water unharmed when a trap is removed from 
the water between March 31 and April 15.
    (c) Primacy of seasonal restrictions in the EEZ off Florida. The 
seasonal restrictions applicable in the EEZ off Florida apply to all 
spiny lobsters and traps in the EEZ off Florida, without regard to 
harvest or use elsewhere, unless accompanied by proof of lawful harvest 
elsewhere.

[60 FR 41831, Aug. 14, 1995]



Sec. 640.21  Harvest limitations.

    (a) Berried lobsters. A berried (egg-bearing) spiny lobster or 
slipper lobster in or from the EEZ must be returned immediately to the 
water unharmed. If found in a trap in the EEZ, a berried spiny lobster 
or slipper lobster may not be retained in the trap. A berried spiny 
lobster or slipper lobster in or from the EEZ may not be stripped of its 
eggs or otherwise molested. The possession of a spiny lobster or slipper 
lobster, or part thereof, in or from the EEZ from which eggs, 
swimmerettes, or pleopods have been removed or stripped is prohibited.
    (b) Minimum size limits. (1) Except as provided in paragraph (c) of 
this section--
    (i) No person may possess a spiny lobster in or from the EEZ with a 
carapace length of 3.0 inches (7.62 cm) or less; and
    (ii) A spiny lobster, harvested in the EEZ by means other than 
diving, with a carapace length of 3.0 inches (7.62 cm) or less must be 
returned immediately to the water unharmed.
    (2) No person may harvest or attempt to harvest a spiny lobster by 
diving in the EEZ unless he or she possesses, while in the water, a 
measuring device capable of measuring the carapace length. A spiny 
lobster captured by a diver must be measured in the water using such 
measuring device and, if the spiny lobster has a carapace length of

[[Page 151]]

3.0 inches (7.62 cm) or less, it must be released unharmed immediately 
without removal from the water.
    (3) Aboard a vessel authorized under paragraph (d) of this section 
to possess a separated spiny lobster tail, no person may possess in or 
from the EEZ a separated spiny lobster tail with a tail length less than 
5.5 inches (13.97 cm).
    (c) Undersized attractants. A live spiny lobster under the minimum 
size limit specified in paragraph (b)(1) of this section that is 
harvested in the EEZ by a trap may be retained aboard the harvesting 
vessel for future use as an attractant in a trap provided it is held in 
a live well aboard the vessel. No more than fifty undersized spiny 
lobsters, or one per trap aboard the vessel, whichever is greater, may 
be retained aboard for use as attractants. The live well must provide a 
minimum of \3/4\ gallons (1.7 liters) of seawater per spiny lobster. An 
undersized spiny lobster so retained must be released to the water alive 
and unharmed immediately upon leaving the trap lines and prior to one 
hour after official sunset each day.
    (d) Tail separation. The possession aboard a fishing vessel of a 
separated spiny lobster tail in or from the EEZ is authorized only when 
the possession is incidental to fishing exclusively in the EEZ on a trip 
of 48 hours or more and a Federal tail-separation permit specified in 
Sec. 640.4(a)(2) has been issued to and is on board the vessel.

[57 FR 56520, Nov. 30, 1992, as amended at 59 FR 53119, Oct. 21, 1994]



Sec. 640.22  Gear and diving restrictions.

    (a) Prohibited gear and methods. (1) A spiny lobster may not be 
taken in the EEZ with a spear, hook, or similar device, or gear 
containing such devices. In the EEZ, the possession of a speared, 
pierced, or punctured spiny lobster is prima facie evidence that 
prohibited gear was used to take such lobster. Hook, as used in this 
paragraph (a)(1), does not include a hook in a hook-and-line fishery for 
species other than spiny lobster; and possession of a spiny lobster that 
has been speared, pierced, or punctured by such hook is not considered 
evidence that prohibited gear was used to take the spiny lobster, 
provided no prohibited gear is on board the vessel.
    (2) A spiny lobster may not be taken in a directed fishery by the 
use of a net or trawl. See Sec. 640.23(d) for the bycatch limits 
applicable to a vessel that uses or has on board a net or trawl.
    (3) Poisons and explosives may not be used to take a spiny lobster 
or slipper lobster in the EEZ. For the purposes of this paragraph 
(a)(3), chlorine, bleach, and similar substances, which are used to 
flush a spiny lobster out of rocks or coral, are poisons. A vessel in 
the spiny lobster or slipper lobster fishery may not possess on board in 
the EEZ any dynamite or similar explosive substance.
    (b) Traps. (1) In the EEZ, a spiny lobster trap may be no larger in 
dimension than 3 feet by 2 feet by 2 feet (91.4 cm by 61.0 cm by 61.0 
cm), or the volume equivalent. A trap constructed of material other than 
wood must have a panel constructed of wood, cotton, or other material 
that will degrade at the same rate as a wooden trap. Such panel must be 
located in the upper half of the sides or on top of the trap, so that, 
when removed, there will be an opening in the trap no smaller than the 
diameter found at the throat or entrance of the trap.
    (2) A spiny lobster trap in the EEZ may be pulled or tended during 
daylight hours only, that is, from 1 hour before official sunrise to 1 
hour after official sunset.
    (3) A spiny lobster trap in the EEZ may be pulled or tended only by 
the owner's vessel, or by a vessel for which permission to pull or work 
traps belonging to another person has been granted--
    (i) For traps in the EEZ off Florida, by the Florida Division of Law 
Enforcement, Department of Environmental Protection, in accordance with 
the procedures in Rule 46-24.006(7), Florida Administrative Code, in 
effect as of June 1, 1994. This incorporation by reference was approved 
by the Director of the Office of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from the 
Florida Marine Fisheries Commission, 2540 Executive Center Circle West, 
Suite 106, Tallahassee, FL 32301; telephone: 904-487-0554. Copies may be 
inspected at the Office of the

[[Page 152]]

Regional Director; the Office of Fisheries Conservation and Management, 
NMFS, 1315 East-West Highway, Silver Spring, MD; or the Office of the 
Federal Register, 800 North Capitol Street NW, Suite 700, Washington, 
DC.
    (ii) For traps in the EEZ, other than off Florida, by the Regional 
Director, as may be arranged upon written request.

[57 FR 56520, Nov. 30, 1992, as amended at 58 FR 38980, July 21, 1993; 
60 FR 41831, Aug. 14, 1995]



Sec. 640.23  Bag/possession limits.

    (a) EEZ off the southern Atlantic states, other than Florida. The 
daily bag or possession limit for spiny lobster in or from the EEZ off 
the southern Atlantic states, other than Florida, is two per person for 
commercial and recreational fishing, year-round.
    (b) EEZ off Florida and off the Gulf states, other than Florida--(1) 
Commercial and recreational fishing season. Except as specified in 
paragraphs (b)(3) and (b)(4) of this section, during the commercial and 
recreational fishing season specified in Sec. 640.20(b)(1), the daily 
bag or possession limit of spiny lobster in or from the EEZ off Florida 
and off the Gulf states, other than Florida, is six per person.
    (2) Special recreational fishing seasons. During the special 
recreational fishing seasons specified in Sec. 640.20(b)(2), the daily 
bag or possession limit of spiny lobster--
    (i) In or from the EEZ off the Gulf states, other than Florida, is 
six per person;
    (ii) In or from the EEZ off Florida other than off Monroe County, 
Florida, is twelve per person; and
    (iii) In or from the EEZ off Monroe County, Florida, is six per 
person.
    (3) Exemption from the bag/possession limit. During the commercial 
and recreational fishing season specified in Sec. 640.20(b)(1), a person 
is exempt from the bag and possession limit specified in paragraph (a) 
of this section, provided--
    (i) The harvest of spiny lobsters is by diving, or by the use of a 
bully net, hoop net, or spiny lobster trap; and
    (ii) The vessel from which the person is operating has on board the 
required licenses, certificates, or permits, as specified in 
Sec. 640.4(a)(1).
    (4) Harvest by net or trawl. During the commercial and recreational 
fishing season specified in Sec. 640.20(b)(1), aboard a vessel with the 
required licenses, certificates, or permits specified in 
Sec. 640.4(a)(1) that harvests spiny lobster by net or trawl or has on 
board a net or trawl, the possession of spiny lobster in or from the EEZ 
off Florida and off the Gulf states, other than Florida, may not exceed 
at any time 5 percent, whole weight, of the total whole weight of all 
fish lawfully in possession on board such vessel. If such vessel 
lawfully possesses a separated spiny lobster tail, the possession of 
spiny lobster in or from the EEZ may not exceed at any time 1.6 percent, 
by weight of the spiny lobster or parts thereof, of the total whole 
weight of all fish lawfully in possession on board such vessel. For the 
purposes of this paragraph (b)(4), the term ``net or trawl'' does not 
include a hand-held net, a loading or dip net, a bully net, or a hoop 
net.
    (5) Diving at night. The provisions of paragraph (b)(3) of this 
section notwithstanding, a person who harvests spiny lobster in the EEZ 
by diving at night, that is, from 1 hour after official sunset to 1 hour 
before official sunrise, is limited to the bag limit specified in 
paragraph (b)(1) of this section, whether or not a Federal vessel permit 
specified in Sec. 640.4(a)(1) has been issued to and is on board the 
vessel from which the diver is operating.
    (c) Combination of bag/possession limits. A person who fishes for or 
possesses spiny lobster in or from the EEZ under a bag or possession 
limit specified in paragraph (a) or (b) of this section may not combine 
the bag or possession limits of those paragraphs or combine such bag or 
possession limit with a bag or possession limit applicable to state 
waters.
    (d) Responsibility for bag/possession limits. The operator of a 
vessel that fishes for or possesses spiny lobster in or from the EEZ is 
responsible for the cumulative bag or possession limit specified in 
paragraphs (a) and (b) of this section applicable to that vessel, based 
on the number of persons aboard.
    (e) Transfer at sea. A person who fishes for or possesses spiny 
lobster in

[[Page 153]]

or from the EEZ under a bag or possession limit specified in paragraph 
(a) or (b) of this section may not transfer a spiny lobster at sea from 
a fishing vessel to any other vessel, and no person may receive at sea 
such spiny lobster.

[60 FR 41831, Aug. 14, 1995]



Sec. 640.24  Authorized activities.

    The Assistant Administrator may authorize, for the acquisition of 
information and date, activities otherwise prohibited by the regulations 
in this part.

[57 FR 56520, Nov. 30, 1992, as amended at 60 FR 41832, Aug. 14, 1995]
                            Figures--Part 640

[GRAPHIC] [TIFF OMITTED] TC03MR91.059


[47 FR 29203, July 2, 1982. Redesignated at 57 FR 56518, Nov. 30, 1992]



PART 644--ATLANTIC BILLFISHES--Table of Contents




                      Subpart A--General Provisions

Sec.
644.1  Purpose and scope.
644.2  Definitions.
644.3  Relation to other laws.
644.4  Permits and fees. [Reserved]
644.5  Recordkeeping and reporting.
644.6  Vessel identification. [Reserved]
644.7  Prohibitions.
644.8  Facilitation of enforcement.
644.9  Penalties.

                     Subpart B--Management Measures

644.20  Fishing year.
644.21  Size limits.
644.22  Gear limitations.
644.23  Incidental catch restrictions.
644.24  Restrictions on sale.
644.25  Specifically authorized activities.

    Authority: 16 U.S.C. 1801 et seq.

    Source: 53 FR 37769, Sept. 28, 1988, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 644.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for Atlantic Billfishes prepared jointly by the South Atlantic, New 
England, Mid-Atlantic, Gulf of Mexico, and Caribbean Fishery Management 
Councils.
    (b) This part governs conservation and management of billfish off 
the Atlantic, Gulf of Mexico, and Caribbean coastal states, and 
regulates the possession or sale in any state of a billfish harvested 
from its management unit.

[53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991]

[[Page 154]]



Sec. 644.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following 
meanings:
    Billfish means sailfish, Istiophorus platypterus; white marlin, 
Tetrapturus albidus; blue marlin, Makaira nigricans, and longbill 
spearfish, Tetrapturus pfluegeri.
    Billfish tournament means any fishing competition involving billfish 
in which participants must register or otherwise enter or in which a 
prize or award is offered for catching billfish.
    Councils means the following Regional Fishery Management Councils:
    (a) South Atlantic Fishery Management Council, Southpark Building, 
Suite 306, 1 Southpark Circle, Charleston, SC 29407-4699;
    (b) New England Fishery Management Council, Suntaug Office Park, 5 
Broadway, Saugus, MA 01906;
    (c) Mid-Atantic Fishery Management Council, Federal Building, Room 
2115, 300 South New Street, Dover, DE 19901-6790;
    (d) Gulf of Mexico Fishery Management Council, 5401 W. Kennedy 
Boulevard, Suite 881, Tampa, FL 33609;
    (e) Caribbean Fishery Management Council, Suite 1108, Banco de Ponce 
Building, Hato Rey, PR 00918-2577.
    Dealer, for the purposes of this part 644, means a person, other 
than the consumer, who receives fish by way of purchase, barter, or 
trade.
    Drift net, sometimes called a drift entanglement net or drift gill 
net, means a flat, unmoored net suspended vertically in the water that 
entangles the head or other body parts of fish that attempt to pass 
through the meshes.
    EEZ, for the purposes of this part 644, means the EEZ, as defined at 
50 CFR 620.2, in the Atlantic Ocean including the Gulf of Mexico and the 
Caribbean Sea.
    Eye-fork length (EFL) means the straight-line measurement from the 
eye to the fork of the caudal fin, as shown in figure 1.
[GRAPHIC] [TIFF OMITTED] TC03MR91.060

    Lower jaw-fork length (LJFL) means the straight-line measurement 
from the tip of the lower jaw to the fork of the caudal fin, as shown in 
figure 1.
    Management unit means--
    (a) For blue marlin and white marlin, the waters of the North 
Atlantic Ocean (including the Gulf of Mexico and the Caribbean Sea) 
north of 5 deg.N. latitude;

[[Page 155]]

    (b) For sailfish, the waters of the North and South Atlantic Oceans 
(including the Gulf of Mexico and the Caribbean Sea) west of 30 deg.W. 
longitude; and
    (c) For longbill spearfish, the waters of the entire North and South 
Atlantic Oceans (including the Gulf of Mexico and the Caribbean Sea).
    Pelagic longline means a type of fishing gear consisting of a length 
of line suspended horizontally in the water above the bottom from lines 
attached to surface floats and to which gangions (leaders) and hooks are 
attached.
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702; telephone 813-570-
5301, or a designee.
    Related species means black marlin, Makaira indica; striped marlin, 
Tetrapturus audax; or shortbill spearfish, Tetrapturus angustirostris.
    Rod and reel means a hand-held (includes rod holder) fishing rod 
with a manually or electrically operated reel attached.
    Science and Research Director means the Science and Research 
Director, Southeast Fisheries Center, NMFS, 75 Virginia Beach Drive, 
Miami, FL 33149, telephone 305-361-5761, or a designee.
    Total length (TL) means the straight-line measurement from the tip 
of the upper jaw to the plane of the more extended tip of the caudal fin 
when in its natural position, as shown in figure 1.

[53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991; 
60 FR 35341, July 7, 1995]



Sec. 644.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter and paragraph (b) of this section.
    (b) Regulations governing fishing in the EEZ by vessels other than 
vessels of the United States appear at 50 CFR part 611, subpart A, and 
Secs. 611.60 and 611.61.
Sec. 644.4  Permits and fees. [Reserved]



Sec. 644.5  Recordkeeping and reporting.

    A person conducting a billfish tournament from a port in an 
Atlantic, Gulf of Mexico, or Caribbean State, and who is selected by the 
Science and Research Director, must maintain and submit a fishing record 
on forms available from the Science and Research Director for each day 
of fishing in the tournament. Forms must be submitted so as to be 
received by the Science and Research Director within 10 days of the 
conclusion of the tournament and must be accompanied by a copy of the 
tournament rules.
    (a) The following information must be included on each form:
    (1) Tournament name;
    (2) Recorder's name and telephone number;
    (3) Date for which the information is recorded;
    (4) Hours fished (time from first line in the water to last line out 
of the water);
    (5) Name of each vessel fishing that day;
    (6) For each vessel listed, the species of each billfish boated or 
released;
    (7) The weight and length of each billfish brought ashore;
    (8) The name, address, and signature of the tournament director; and
    (9) The date signed.
    (b) In addition to the information required to be reported by 
paragraph (a) of this section, the following information is desired, but 
is not mandatory:
    (1) Prevailing weather conditions on the day reported, such as wind 
speed and direction, and sea height and direction; and
    (2) Whether a tag was attached before the billfish was released.

(Approved by the Office of Management and Budget under control number 
0648-0031)
Sec. 644.6  Vessel identification. [Reserved]



Sec. 644.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Falsify or fail to report information required to be submitted, 
as specified in Sec. 644.5.
    (b) Possess a billfish less than the minimum size limit specified in 
Sec. 644.21(a).
    (c) Fail to release a billfish in the manner specified in 
Sec. 644.21(b) or Sec. 644.23.

[[Page 156]]

    (d) Possess a billfish with its head, fins, or bill removed 
shoreward of the outer boundary of the EEZ or through landing, as 
specified in Sec. 644.21(c).
    (e) Possess or retain a billfish by a vessel with a pelagic longline 
or drift net aboard or harvested by gear other than rod and reel, as 
specified in Sec. 644.22.
    (f) Purchase, barter, trade, sell, or offer for sale a billfish 
harvested from its management unit, as specified in Sec. 644.24(a).
    (g) Falsify information submitted in accordance with Sec. 644.24(b).
    (h) As a dealer or seafood processor, possess a billfish or related 
species without the documentation specified in Sec. 644.24(b), or with 
incomplete or falsified documentation.
    (i) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson Act.

(Information collection requirements in paragraph (g) were approved by 
the Office of Management and Budget under control number 0648-0216)

[53 FR 37769, Sept. 28, 1988, as amended at 54 FR 14239, Apr. 10, 1989; 
56 FR 13417, Apr. 2, 1991]



Sec. 644.8  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.



Sec. 644.9  Penalties.

    See Sec. 620.9 of this chapter.



                     Subpart B--Management Measures



Sec. 644.20  Fishing year.

    The fishing year is January 1 through December 31.



Sec. 644.21  Size limits.

    (a) The following minimum size limits, expressed in terms of lower 
jaw-fork length (LJFL), apply for the possession of billfish shoreward 
of the outer boundary of the EEZ, regardless of where caught:
    (1) Blue marlin--86 in.
    (2) White marlin--62 in.
    (3) Sailfish--57 in.
    (4) Longbill spearfish--no minimum size.
    (b) A billfish under the minimum size limit caught shoreward of the 
outer boundary of the EEZ must be released by cutting the line near the 
hook without removing the fish from the water.
    (c) A billfish possessed aboard a fishing vessel shoreward of the 
outer boundary of the EEZ must have its head, fins, and bill intact, and 
a billfish landed from a fishing vessel in an Atlantic, Gulf of Mexico, 
or Caribbean coastal state must have its head, fins, and bill intact 
through landing. Such billfish may be eviscerated but must otherwise be 
maintained in a whole condition.
    (d) The following approximations of the minimum size limits for blue 
marlin, white marlin, and sailfish, expressed in terms of EFL, LJFL, TL, 
and whole, live weight, are provided for the convenience of fishermen. 
These approximations may not be substituted for the minimum size limits 
expressed in terms of LJFL specified in paragraph (a) of this section.

------------------------------------------------------------------------
                                              Lower                     
                                  Eye-fork  jaw-fork    Total    Whole, 
                                   length    length    length   live wt.
                                    (in.)     (in.)     (in.)    (lbs.) 
------------------------------------------------------------------------
Blue marlin.....................        75        86       110       200
White marlin....................        53        62        81        50
Sailfish........................        49        57        76        30
------------------------------------------------------------------------


[53 FR 37769, Sept. 28, 1988, as amended at 56 FR 13417, Apr. 2, 1991]



Sec. 644.22  Gear limitations.

    (a) The possession or retention shoreward of the outer boundary of 
the EEZ of a billfish harvested by gear other than rod and reel is 
prohibited.
    (b) The possession or retention shoreward of the outer boundary of 
the EEZ of a billfish by a vessel with a pelagic longline or drift net 
aboard is prohibited.



Sec. 644.23  Incidental catch restrictions.

    A billfish harvested by gear other than rod and reel shoreward of 
the outer boundary of the EEZ must be released in a manner that will 
ensure maximum probability of survival. A billfish caught by a pelagic 
longline shoreward of the outer boundary of the EEZ must be released by 
cutting the line near the hook without removing the fish from the water.

[[Page 157]]



Sec. 644.24  Restrictons on sale.

    (a) A billfish harvested from its management unit may not be 
purchased, bartered, traded, sold, or offered for sale in any state.
    (b) Except for a billfish or related species landed in a Pacific 
state and remaining in the state of landing, a billfish or related 
species that is possessed by a dealer or seafood processor will be 
presumed to be a billfish harvested from its management unit unless it 
is accompanied by documentation that the billfish was harvested from 
outside its management unit or the related species was harvested from 
other than the Atlantic Ocean (including the Gulf of Mexico and the 
Caribbean Sea). Such documentation must contain:
    (1) The information specified in 50 CFR part 246 for marking 
containers or packages of fish or wildlife that are imported, exported, 
or transported in interstate commerce.
    (2) The name and home port of the vessel harvesting the billfish or 
related species;
    (3) The port and date of offloading from the vessel harvesting the 
billfish or related species; and
    (4) A statement signed by the dealer or seafood processor attesting 
that each billfish was harvested from an area other than its management 
unit and each related species was harvested from other than the Atlantic 
Ocean (including the Gulf of Mexico and the Caribbean Sea).

[56 FR 13418, Apr. 2, 1991]



Sec. 644.25  Specifically authorized activities.

    The Secretary may authorize, for the acquisition of information and 
data, activities otherwise prohibited by these regulations.



PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES--Table of Contents






                      Subpart A--General Provisions

Sec.
648.1  Purpose and scope.
648.2  Definitions.
648.3  Relation to other laws.
648.4  Vessel permits.
648.5  Operator permits.
648.6  Dealer/processor permits.
648.7  Recordkeeping and reporting requirements.
648.8  Vessel identification.
648.9  VTS requirements.
648.10  DAS notification requirements.
648.11  At-sea sea sampler/observer coverage.
648.12  Experimental fishing.
648.13  Transfers at sea.
648.14  Prohibitions.
648.15  Facilitation of enforcement.
648.16  Penalties.



  Subpart B--Management Measures for the Atlantic Mackerel, Squid, and 
                          Butterfish Fisheries

648.20  Maximum optimum yield (OYs).
648.21  Procedures for determining initial annual amounts.
648.22  Closure of the fishery.
648.23  Gear restrictions.



           Subpart C--Management Measures for Atlantic Salmon

648.40  Prohibition on possession.



  Subpart D-- Management Measures for the Atlantic Sea Scallop Fishery

648.50  Shell-height standard.
648.51  Gear and crew restrictions.
648.52  Possession restrictions.
648.53  DAS allocations.
648.54  State waters exemption.
648.55  Framework adjustments to management measures.

  Subpart E--Management Measures for the Atlantic Surf Clam and Ocean 
                            Quahog Fisheries

648.70  Annual individual allocations.
648.71  Catch quotas.
648.72  Minimum surf clam size.
648.73  Closed areas.
648.74  Shucking at sea.
648.75  Cage identification.

     Subpart F--Management Measures for the NE Multispecies Fishery

648.80  Regulated mesh areas and restrictions on gear and methods of 
          fishing.
648.81  Closed areas.
648.82  Effort-control program for limited access vessels.
648.83  Minimum fish sizes.
648.84  Gear-marking requirements and gear restrictions.
648.85  Flexible Area Action System.
648.86  Possession restrictions.

[[Page 158]]

648.87  Sink gillnet requirements to reduce harbor porpoise takes.
648.88  Open access permit restrictions.
648.89  Recreational and charter/party restrictions.
648.90  Framework specifications.

     Subpart G--Management Measures for the Summer Flounder Fishery

648.100  Catch quotas and other restrictions.
648.101  Closures.
648.102  Time restrictions.
648.103  Minimum fish sizes.
648.104  Gear restrictions.
648.105  Possession restrictions.
648.106  Sea turtle conservation.

           Subpart H--Management Measures for the Scup Fishery

648.120  Catch quotas and other restrictions.
648.121  Closure.
648.122  Season and area restrictions.
648.123  Gear restrictions.
648.124  Minimum fish sizes.
648.125  Possession limit.
648.126  Protection of threatened and endangered sea turtles.

    Authority: 16 U.S.C. 1801 et seq.

    Source: 61 FR 34968, July 3, 1996, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 648.1  Purpose and scope.

    (a) This part implements the fishery management plans (FMP) for the 
Atlantic mackerel, squid, and butterfish fisheries (Atlantic Mackerel, 
Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon FMP); the 
Atlantic sea scallop fishery (Atlantic Sea Scallop FMP (Scallop FMP)); 
the Atlantic surf clam and ocean quahog fisheries (Atlantic Surf Clam 
and Ocean Quahog FMP); the Northeast multispecies fishery (NE 
Multispecies FMP); and the summer flounder and scup fisheries (Summer 
Flounder and Scup FMP). These FMPs and the regulations in this part 
govern the conservation and management of the above named fisheries.
    (b) This part governs domestic fishing only. Foreign fishing is 
governed under subpart F of part 600 of this chapter.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43424, Aug. 23, 1996]



Sec. 648.2  Definitions.

    In addition to the definitions in the Magnuson Act and in 
Sec. 600.10 of this chapter, the terms used in this part have the 
following meanings:
    Alewife means Alosa pseudoharengus.
    American lobster or lobster means Homarus americanus.
    American shad means Alosa sapidissima.
    Atlantic butterfish or butterfish means Peprilus triacanthus.
    Atlantic croaker means Micropogonias undulatus.
    Atlantic mackerel or mackerel means Scomber scombrus.
    Atlantic Mackerel, Squid, and Butterfish Monitoring Committee means 
the committee made up of staff representatives of the MAFMC and the 
NEFMC, and the Northeast Regional Office and NEFSC of NMFS. The MAFMC 
Executive Director or a designee chairs the Committee.
    Atlantic salmon means Salmo salar.
    Atlantic sea scallop or scallop means Placopecten magellanicus, 
throughout its range.
    Black sea bass means Centropristis striata.
    Blowfish (puffer) means any species in the family Tetraodontidae.
    Bluefish means Pomotomus saltatrix.
    Bushel (bu) means a standard unit of volumetric measurement deemed 
to hold 1.88 ft\3\ (53.24 L) of surf clams or ocean quahogs in the 
shell.
    Cage means a container with a standard unit of volumetric 
measurement containing 60 ft\3\ (1,700 L). The outside dimensions of a 
standard cage generally are 3 ft (91 cm) wide, 4 ft (122 cm) long, and 5 
ft (152 cm) high.
    Chafing gear or cookies, with respect to the scallop fishery, means 
steel, rubberized or other types of donut rings, disks, washers, twine, 
or other material attached to or between the steel rings of a sea 
scallop dredge.
    Charter or party boat means any vessel that carries passengers for 
hire to engage in recreational fishing and, with respect to 
multispecies, that is not fishing under a DAS.
    Combination vessel means a vessel that has fished in any one 
calendar year with scallop dredge gear and otter trawl gear during the 
period 1988 through 1990, and that is eligible for an

[[Page 159]]

allocation of individual DAS under the NE Multispecies FMP and has 
applied for or been issued a limited access scallop permit.
    Commercial fishing or fishing commercially means fishing that is 
intended to, or results in, the barter, trade, transfer, or sale of 
fish.
    Commission means the Atlantic States Marine Fisheries Commission.
    Conger eel means Conger oceanicus.
    Cunner means Tautogolabrus adspersus.
    Council means the New England Fishery Management Council (NEFMC) for 
the Atlantic sea scallop and the Northeast multispecies fisheries, or 
the Mid-Atlantic Fishery Management Council (MAFMC) for the Atlantic 
mackerel, squid, and butterfish; the Atlantic surf clam and ocean 
quahog; and the summer flounder and scup fisheries.
    Day(s)-at-sea (DAS), with respect to the NE multispecies and scallop 
fisheries, means the 24-hour periods of time during which a fishing 
vessel is absent from port in which the vessel intends to fish for, 
possess or land; or fishes for, possesses, or lands regulated species or 
scallops.
    Dealer means any person who receives, for a commercial purpose 
(other than solely for transport on land), from the owner or operator of 
a vessel issued a valid permit under this part, any species of fish, the 
harvest of which is managed by this part.
    Dredge or dredge gear, with respect to the scallop fishery, means 
gear consisting of a mouth frame attached to a holding bag constructed 
of metal rings, or any other modification to this design, that can be or 
is used in the harvest of scallops.
    Dredge bottom, with respect to scallops, means the rings and links 
found between the bail of the dredge and the club stick, which, when 
fishing, would be in contact with the sea bed. This includes the 
triangular shaped portions of the ring bag commonly known as 
``diamonds.''
    Dredge top, with respect to the scallop fishery, means the mesh 
panel in the top of a dredge and immediately adjacent rings and links 
found between the bail of the dredge, the club stick, and the two side 
panels. The bail of the dredge is the rigid structure of the forward 
portion of the dredge that connects to the warp and holds the dredge 
open. The club stick is the rigid bar at the tail of the dredge bag that 
is attached to the rings.
    Dredge vessel, with respect to the scallop fishery, means any 
fishing vessel that is equipped for fishing using dredge gear and that 
is capable of catching scallops.
    Exempted gear, with respect to the NE multispecies fishery, means 
gear that is deemed to be not capable of catching NE multispecies and 
includes: Pelagic hook and line, pelagic longline, spears, rakes, diving 
gear, cast nets, tongs, harpoons, weirs, dipnets, stop nets, pound nets, 
pelagic gillnets, pots and traps, purse seines, shrimp trawls (with a 
properly configured grate as defined under this part), and midwater 
trawls.
    Fishing trip or trip means a period of time during which fishing is 
conducted, beginning when the vessel leaves port and ending when the 
vessel returns to port.
    Fishing year means:
    (1) For the scallop fishery, from March 1 through the last day of 
February of the following year.
    (2) For the NE multispecies fishery, from May 1 through April 30 of 
the following year.
    (3) For all other fisheries in this part, from January 1 through 
December 31.
    FMP means fishery management plan.
    Fourspot flounder means Paralichthys oblongus.
    Gross registered tonnage (GRT) means the gross registered tonnage 
specified on the USCG documentation for a vessel.
    Hagfish means Myxine glutinosa.
    Handline or handline gear means fishing gear that is released by 
hand and consists of one main line to which is attached no more than two 
leaders for a total of no more than three hooks. Handlines are retrieved 
only by hand, not by mechanical means.
    Harbor porpoise means Phocoena phocoena.
    Harbor Porpoise Review Team (HPRT) means a team of scientific and 
technical experts appointed by the NEFMC to review, analyze, and propose 
harbor porpoise take mitigation alternatives.

[[Page 160]]

    Herring means Atlantic herring, Clupea harengus, or blueback 
herring, Alosa aestivalis.
    Hickory shad means Alosa mediocris.
    Hook gear means fishing gear that is comprised of a hook or hooks 
attached to a line and includes, but is not limited to, longline, 
setline, jigs, troll line, rod and reel, and line trawl.
    Illex means Illex illecebrosus (short-finned or summer squid).
    John Dory means Zenopsis conchifera.
    Land means to begin offloading fish, to offload fish, or to enter 
port with fish.
    Liner means a piece of mesh or any other material rigged inside or 
outside the main or outer net or dredge that restricts the mesh or ring 
size or otherwise reduces escapement.
    Link, with respect to the sea scallop fishery, means the material, 
usually made of a \3/8\-inch (10-mm) or \7/16\-inch (11-mm) diameter 
metal rod, that joins two adjacent rings within the ring bag of a 
dredge.
    Loligo means Loligo pealei (long-finned or bone squid).
    Longhorn sculpin means Myoxocephalus octodecimspinosus.
    Longline gear means fishing gear that is or is designed to be set 
horizontally, either anchored, floating, or attached to a vessel, and 
that consists of a main or ground line with three or more gangions and 
hooks.
    Menhaden means Atlantic menhaden, Brevoortia tyrannus.
    Midwater trawl gear means trawl gear that is designed to fish for, 
is capable of fishing for, or is being used to fish for pelagic species, 
no portion of which is designed to be or is operated in contact with the 
bottom at any time.
    Monkfish or anglerfish means Lophius americanus.
    Mullet means any species in the family Mugilidae.
    Multispecies frames, also known as multispecies racks, means the 
remains of the multispecies finfish after it has been filleted or 
processed, not including the fillet.
    Multispecies Monitoring Committee means a team of scientific and 
technical staff appointed by the NEFMC to review, analyze, and recommend 
adjustments to the management measures. The team consists of staff from 
the NEFMC and the MAFMC, NMFS' Northeast Regional Office, the NEFSC, the 
USCG, an industry representative, and no more than two representatives 
from each affected coastal state appointed by the Commission.
    NEFSC means the Northeast Fisheries Science Center, NMFS.
    Net tonnage (NT) means the net tonnage specified on the USCG 
documentation for a vessel.
    Nonregulated multispecies means the subset of Northeast multispecies 
that includes silver hake, red hake and ocean pout.
    Northeast (NE) multispecies or multispecies means the following 
species:

    American plaice--Hippoglossoides platessoides.
    Atlantic cod--Gadus morhua.
    Haddock--Melanogrammus aeglefinus.
    Ocean pout--Macrozoarces americanus.
    Pollock--Pollachius virens.
    Redfish--Sebastes marinus.
    Red hake--Urophycis chuss.
    Silver hake (whiting)--Merluccius bilinearis.
    White hake--Urophycis tenuis.
    Windowpane flounder--Scophthalmus aquosus.
    Winter flounder--Pleuronectes americanus.
    Witch flounder--Glyptocephalus cynoglossus.
    Yellowtail flounder--Pleuronectes ferrugineus.

    Northern shrimp means Pandalus borealis.
    Ocean quahog means the species Arctica islandica.
    Offload or offloading means to begin to remove, to remove, to pass 
over the rail, or otherwise take away fish from any vessel. For purposes 
of the surf clam and ocean quahog fishery, it means to separate 
physically a cage from a vessel, such as by removing the sling or wire 
used to remove the cage from the harvesting vessel.
    Operator means the master, captain, or other individual on board a 
fishing vessel, who is in charge of that vessel's operations.
    Out of the multispecies fishery or DAS program means the period of 
time during which a vessel is absent from port and is not fishing for 
regulated species under the NE multispecies DAS program.
    Pair trawl or pair trawling means to tow a single net between two 
vessels for the purpose of, or that is capable of, catching NE 
multispecies.

[[Page 161]]

    Pelagic hook or longline gear means fishing gear that is not fixed, 
nor designed to be fixed, nor anchored to the bottom and that consists 
of monofilament main line (as opposed to a cable main line) to which 
gangions are attached.
    Personal use, with respect to the surf clam or ocean quahog fishery, 
means harvest of surf clams or ocean quahogs for use as bait, for human 
consumption, or for other purposes (not including sale or barter) in 
amounts not to exceed 2 bu (106.48 L) per person per fishing trip.
    Postmark means independently verifiable evidence of date of mailing, 
such as U.S. Postal Service postmark, United Parcel Service (U.P.S.) or 
other private carrier postmark, certified mail receipt, overnight mail 
receipt, or receipt received upon hand delivery to an authorized 
representative of NMFS.
    Prior to leaving port, with respect to the call-in notification 
system for NE multispecies, means prior to the last dock or mooring in 
port from which a vessel departs to engage in fishing, including the 
transport of fish to another port.
    Processor means a person who receives surf clams or ocean quahogs 
for a commercial purpose and removes them from a cage.
    Purse seine gear means an encircling net with floats on the top 
edge, weights and a purse line on the bottom edge, and associated gear, 
or any net designed to be, or capable of being, used in such fashion.
    Recreational fishing means fishing that is not intended to, nor 
results in the barter, trade, or sale of fish.
    Recreational fishing vessel, with respect to the scup fishery, means 
any vessel from which no fishing other than recreational fishing is 
conducted. Charter and party boats are considered recreational fishing 
vessels for purposes of the scup minimum size requirement.
    Regional Director means the Director, Northeast Region, NMFS, or a 
designee.
    Regulated species means the subset of NE multispecies that includes 
Atlantic cod, witch flounder, American plaice, yellowtail flounder, 
haddock, pollock, winter flounder, windowpane flounder, redfish, and 
white hake.
    Reporting month means the period of time beginning at 0001 hours 
local time on the first day of each calendar month and ending at 2400 
hours local time on the last day of each calendar month.
    Reporting week means the period of time beginning at 0001 local time 
on Sunday and ending at 2400 hours local time the following Saturday.
    Re-rig or re-rigged means physical alteration of the vessel or its 
gear in order to transform the vessel into one capable of fishing 
commercially for a species in the applicable fishery.
    Rigged hooks means hooks that are baited, or only need to be baited, 
in order to be fished. Unsecured, unbaited hooks and gangions are not 
considered to be rigged.
    Rod and reel means a hand-held (including rod holder) fishing rod 
with a manually operated reel attached.
    Scallop dredge vessel means any fishing vessel, other than a 
combination vessel, that uses or is equipped to use scallop dredge gear.
    Scup means Stenotomus chrysops.
    Scup Monitoring Committee means a committee made up of staff 
representative of the MAFMC, NEFMC, South Atlantic Fishery Management 
Council, the NMFS Northeast Regional Office, the NEFSC, and the 
Commission. The MAFMC Executive Director or a designee chairs the 
committee.
    Sea Scallop Plan Development Team (PDT) means a team of technical 
experts appointed by the NEFMC.
    Sea raven means Hemitripterus americanus.
    Searobin means any species of the family Triglidae.
    Shucking or to shuck means opening or to open a scallop, surf clam, 
or ocean quahog and removing the meat or the adductor muscle from the 
shell.
    Shucking machine means any mechanical device that automatically 
removes the meat or the adductor muscle from a scallop, surf clam, or 
ocean quahog shell.
    Sink gillnet or bottom-tending gillnet means with respect to the NE 
multispecies fishery, any gillnet, anchored or otherwise, that is 
designed to be, or is fished on or near the bottom in the lower third of 
the water column.
    Skate means any species of the family Rajidae.

[[Page 162]]

    Smooth dogfish means Mustelis canis.
    Sorting machine means any mechanical device that automatically sorts 
whole scallops by shell height, size, or other physical characteristics.
    Spiny dogfish means Squalus acanthias.
    Spot means Leiostomus xanthurus.
    Square mesh, with respect to the NE multispecies fishery, means mesh 
in which the horizontal bars of the mesh run perpendicular to the long 
axis of the net so when the net is placed under a strain the mesh 
remains open to a square-like shape. Square mesh can be formed by 
hanging diamond mesh ``on the square,'' if the resulting mesh conforms 
with the above description of square mesh.
    Squid means Loligo pealei or Illex illecebrosus.
    Standard tote means a box typically constructed of plastic, designed 
to hold 100 lb (45.3 kg) of fish plus ice, and that has a liquid 
capacity of 70 L, or a volume of not more than 4,320 cubic in (2.5 cubic 
ft or 70.79 cubic cm).
    Substantially similar harvesting capacity means the same or less GRT 
and vessel length.
    Summer flounder means Paralichthys dentatus.
    Summer Flounder Monitoring Committee means a committee made up of 
staff representatives of the MAFMC, NEFMC, and SAFMC, the NMFS Northeast 
Regional Office, the NEFSC, the Southeast Science Center, and the 
Commission. The MAFMC Executive Director or a designee chairs the 
committee.
    Surf clams means Atlantic surf clams of the species Spisula 
solidissima.
    Swordfish means Xiphias gladius.
    Target total allowable catch (TAC) means the annual domestic harvest 
targets for regulated species.
    Tautog (blackfish) means Tautoga onitas.
    Tied up to the dock, with respect to NE multispecies, means to tie-
up at a dock, on a mooring, or in a harbor.
    Tilefish means Lopholatilus chamaeleonticeps.
    Total Length (TL) means the straight-line distance from the tip of 
the snout to the end of the tail (caudal fin) while the fish is lying on 
its side.
    Transfer means to begin to remove, to remove, to pass over the rail, 
or to otherwise take away fish from any vessel and move them to another 
vessel.
    Trawl sweep means the total length of the footrope on a trawl net 
that is directly attached to the webbing of a net.
    Upon returning to port, for purposes of the call-in notification 
system for the NE multispecies fishery, means the first point when a 
vessel ties up at a dock or mooring in a port at the end of a fishing 
trip.
    Vessel length means the length specified on the USCG documentation 
for a vessel or on the state registration for a vessel not required to 
be documented under title 46 U.S.C., if the state length is verified by 
an authorized officer or NMFS official.
    Vessel Tracking System (VTS) means a vessel tracking system as set 
forth in Sec. 648.9 and approved by NMFS for use by scallop and NE 
multispecies vessels, as required by this part.
    VTS unit means a device installed on board a vessel used for vessel 
tracking and transmitting the vessel's position as required by this 
part.
    Weakfish means Cynoscion regalis.
    Whiting means Merluccius bilinearis.

[61 FR 34968, July 3, 1996, as amended at 61 FR 39910, July 31, 1996; 61 
FR 43424, Aug. 23, 1996; 61 FR 49277, Sept. 19, 1996]



Sec. 648.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705.
    (b) Nothing in these regulations supersedes more restrictive state 
management measures for any of the species referenced in Sec. 648.1 and, 
for Atlantic salmon, more restrictive local management measures.



Sec. 648.4  Vessel permits.

    (a) Fishery specific vessel permit information. (1) NE multispecies 
vessels. Any vessel of the United States, including a charter or party 
boat, must have been issued and have on board a valid multispecies 
permit to fish for, possess or land multispecies finfish in or from the 
EEZ. Multispecies frames used as, or to be used as, bait on a vessel 
fishing exclusively with pot gear are deemed not to be multispecies 
finfish for purposes

[[Page 163]]

of this part provided that there is a receipt for the purchase of those 
frames on board the vessel.
    (i) Limited access multispecies permits--(A) Eligibility. To be 
eligible to apply for a limited access multispecies permit, as specified 
in Sec. 648.82, in 1996 and thereafter, a vessel must have been issued a 
limited access multispecies permit for the preceding year, must be 
replacing a vessel that was issued a limited access multispecies permit 
for the preceding year, or must qualify for a 1996 limited access 
multispecies hook-gear permit under this paragraph (a)(1)(i). Vessels 
qualifying for 1996 limited access multispecies hook-gear permits are 
qualified only for that limited access permit category. A vessel is 
eligible for a 1996 limited access multispecies hook-gear permit, 
provided:
    (1) The vessel was issued a 1995 open access multispecies hook-gear 
permit and the owner or operator of the vessel submitted to the Regional 
Director, no later than January 26, 1996, fishing log reports dated 
between June 1, 1994, and June 1, 1995, when fishing with hook gear 
under the open access hook-gear permit, documenting landings of at least 
500 lb (226.8 kg) of NE multispecies finfish, or its equivalent in 
numbers of fish; or
    (2) The vessel is replacing such a vessel.
    (B) Application/renewal restrictions. Owners of vessels must apply 
for a limited access multispecies hook-gear permit before September 1, 
1996, to receive an automatic mailing of an application to renew their 
permit in 1997 and to be assured that their permit application will be 
processed within 30 days. Vessel owners applying after December 31, 
1996, will be ineligible to apply for an initial limited access 
multispecies hook-gear permit. To renew or apply for a limited access 
multispecies permit, a completed application must be received by the 
Regional Director by the first day of the fishing year for which the 
permit is required. Failure to renew a limited access multispecies 
permit in any year bars the renewal of the permit in subsequent years.
    (C) Qualification restriction. Unless the Regional Director 
determines to the contrary, no more than one vessel may qualify, at any 
one time, for a limited access permit based on that or another vessel's 
fishing and permit history. If more than one vessel owner claims 
eligibility for a limited access permit, based on one vessel's fishing 
and permit history, the Regional Director will determine who is entitled 
to qualify for the permit and the DAS allocation according to paragraph 
(a)(1)(i)(D) of this section.
    (D) Change in ownership. The fishing and permit history of a vessel 
is presumed to transfer with the vessel whenever it is bought, sold, or 
otherwise transferred, unless there is a written agreement, signed by 
the transferor/seller and transferee/buyer, or other credible written 
evidence, verifying that the transferor/seller is retaining the vessel's 
fishing and permit history for purposes of replacing the vessel.
    (E) Replacement vessels. To be eligible for a limited access permit 
under this section, the replacement vessel must meet the following 
criteria and any applicable criteria under paragraph (a)(1)(i)(F) of 
this section:
    (1) The replacement vessel's horsepower may not exceed by more than 
20 percent the horsepower of the vessel that was initially issued a 
limited access permit as of the date the initial vessel applied for such 
permit.
    (2) The replacement vessel's length, GRT, and NT may not exceed by 
more than 10 percent the length, GRT, and NT of the vessel that was 
initially issued a limited access permit as of the date the initial 
vessel applied for such permit. For purposes of this paragraph 
(a)(1)(i)(E)(2), a vessel not required to be documented under title 46 
U.S.C. will be considered to be 5 NT. For undocumented vessels, GRT does 
not apply.
    (F) Upgraded vessel. A vessel may be upgraded, whether through 
refitting or replacement, and still be eligible for or be eligible to 
retain or renew a limited access permit, only if the upgrade complies 
with the following:
    (1) The vessel's horsepower may be increased, whether through 
refitting or replacement, only once. Such an increase may not exceed 20 
percent of the horsepower of the vessel initially issued a limited 
access permit as of the

[[Page 164]]

date the initial vessel applied for such permit.
    (2) The vessel's length, GRT, and NT may be increased, whether 
through refitting or replacement, only once. Any increase in any of 
these three specifications of vessel size may not exceed 10 percent of 
the respective specification of the vessel initially issued a limited 
access permit as of the date the initial vessel applied for such permit. 
If any of these three specifications is increased, any increase in the 
other two must be performed at the same time. This type of upgrade may 
be done separately from an engine horsepower upgrade.
    (G) Consolidation restriction. Limited access permits and DAS 
allocations may not be combined or consolidated.
    (H) Appeal of denial of permit. (1) Eligibility. Any applicant 
eligible to apply for an initial limited access multispecies hook-gear 
permit who is denied such permit may appeal the denial to the Regional 
Director within 30 days of the notice of denial. Any such appeal must be 
based on one or more of the following grounds, must be in writing, and 
must state the grounds for the appeal:
    (i) The information used by the Regional Director was based on 
mistaken or incorrect data.
    (ii) The applicant was prevented by circumstances beyond his/her 
control from meeting relevant criteria.
    (iii) The applicant has new or additional information.
    (2) Appeal review. The Regional Director will appoint a designee who 
will make the initial decision on the appeal. The appellant may request 
a review of the initial decision by the Regional Director by so 
requesting in writing within 30 days of the notice of the initial 
decision. If the appellant does not request a review of the initial 
decision within 30 days, the initial decision shall become the final 
administrative action of the Department of Commerce. Such review will be 
conducted by a hearing officer appointed by the Regional Director. The 
hearing officer shall make findings and a recommendation to the Regional 
Director which shall be advisory only. Upon receiving the findings and a 
recommendation, the Regional Director will issue a final decision on the 
appeal. The Regional Director's decision is the final administrative 
action of the Department of Commerce.
    (3) Status of vessels pending appeal. A vessel denied a limited 
access multispecies hook-gear permit may fish under the limited access 
multispecies hook-gear category, provided that the denial has been 
appealed, the appeal is pending, and the vessel has on board a letter 
from the Regional Director authorizing the vessel to fish under the 
limited access hook-gear category. The Regional Director will issue such 
a letter for the pendency of any appeal. Any such decision is the final 
administrative action of the Department of Commerce on allowable fishing 
activity, pending a final decision on the appeal. The letter of 
authorization must be carried on board the vessel. If the appeal is 
finally denied, the Regional Director shall send a notice of final 
denial to the vessel owner; the authorizing letter becomes invalid 5 
days after receipt of the notice of denial.
    (I) Limited access permit restrictions. (1) A vessel may be issued a 
limited access multispecies permit in only one category during a fishing 
year. Vessels may not change limited access multispecies permit 
categories during the fishing year, except as provided in paragraph 
(a)(1)(i)(I)(2) of this section. A vessel issued a limited access 
multispecies hook-gear permit may not change its limited access permit 
category at any time.
    (2) The owner of a vessel issued a limited access multispecies 
permit may request a change in permit category, unless otherwise 
restricted by paragraph (a)(1)(i)(I)(1) of this section. In 1996, a 
vessel owner has one opportunity to request a change in permit category 
by submitting an application to the Regional Director by August 14, 
1996. If a complete application is not submitted by that date, the 
vessel must fish only in the DAS program assigned for the remainder of 
the 1996 fishing year. Any DAS that a vessel uses prior to a change in 
permit category will be counted against its allocation received under 
any subsequent permit category. For 1997 and beyond, the owner of a 
limited access multispecies vessel eligible to request a change

[[Page 165]]

in permit category must elect a category prior to the start of each 
fishing year and will have one opportunity to request a change in permit 
category by submitting an application to the Regional Director within 45 
days of issuance of the vessel's permit. After that date, the vessel 
must remain in that permit category for the duration of the fishing 
year.
    (3) With the exception of combination vessels, sea scallop dredge 
vessels are not eligible for limited access multispecies permits.
    (J) Confirmation of Permit History. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, may apply for and receive a 
Confirmation of Permit History (CPH) if the fishing and permit history 
of such vessel has been retained lawfully by the applicant. To be 
eligible to obtain a CPH, the applicant must show that the qualifying 
vessel meets the eligibility requirements, as applicable, in this part. 
Issuance of a valid and current CPH preserves the eligibility of the 
applicant to apply for or renew a limited access permit for a 
replacement vessel based on the qualifying vessel's fishing and permit 
history at a subsequent time, subject to the replacement provisions 
specified in this section. A CPH must be applied for and received on an 
annual basis in order for the applicant to preserve the fishing rights 
and limited access eligibility of the qualifying vessel. If fishing 
privileges have been assigned or allocated previously under this part, 
based on the qualifying vessel's fishing and permit history, the CPH 
also preserves such fishing privileges. Any decision regarding the 
issuance of a CPH for a qualifying vessel that has applied for or been 
issued previously a limited access permit is a final agency action 
subject to judicial review under 5 U.S.C. 704. An application for a CPH 
must be received by the Regional Director by the beginning of the 
fishing year for which it is required. Information requirements for the 
CPH application are the same as those for a limited access permit with 
any request for information about the vessel being applicable to the 
qualifying vessel that has been sunk, destroyed, or transferred. Vessel 
permit applicants who have been issued a CPH and who wish to obtain a 
vessel permit for a replacement vessel based upon the previous vessel 
history may do so pursuant to this paragraph (a)(1)(i)(J).
    (K) Abandonment or voluntary relinquishment of permits. If a 
vessel's limited access permit for a particular fishery is voluntarily 
relinquished to the Regional Director, or abandoned through failure to 
renew or otherwise, no limited access permit for that fishery may be re-
issued or renewed based on that vessel's history or to any vessel 
relying on that vessel's history.
    (L) Restriction on permit splitting. A limited access multispecies 
permit may not be issued to a vessel or its replacement, or remain 
valid, if the vessel's permit or fishing history has been used to 
qualify another vessel for another Federal fishery.
    (ii) Open access permits. A vessel of the United States that has not 
been issued a limited access multispecies permit is eligible for and may 
be issued an open access multispecies handgear, charter/party or 
nonregulated multispecies permit and may fish for, possess and land 
multispecies finfish subject to the restrictions in Sec. 648.88. A 
vessel that has been issued a valid limited access scallop permit, but 
that has not been issued a limited access multispecies permit, is 
eligible for and may be issued an open access scallop multispecies 
possession limit permit and may fish for, possess and land multispecies 
finfish subject to the restrictions in Sec. 648.88. The owner of a 
vessel issued an open access permit may request a different open access 
permit category by submitting an application to the Regional Director at 
any time.
    (2) Atlantic sea scallop vessels--Any vessel of the United States 
that fishes for, possesses, or lands Atlantic sea scallops in quantities 
greater than 40 lb (18.14 kg) shucked, or 5 bu (176.2 L) of in-shell 
scallops per trip, except vessels that fish exclusively in state waters 
for scallops, must have been issued and carry on board a valid scallop 
permit.
    (i) Limited access scallop permits. Any vessel of the United States 
that possesses or lands more than 400 lb (181.44

[[Page 166]]

kg) of shucked, or the equivalent amount of in-shell scallops (50 bu 
(176.2 L)) per trip, except vessels that fish exclusively in state 
waters for scallops, must have been issued and carry on board a valid 
limited access scallop permit.
    (A) Eligibility. To be eligible to apply for a limited access 
scallop permit, a vessel must have been issued a limited access scallop 
permit for the preceding year, or the vessel must be replacing a vessel 
that has been issued a limited access scallop permit for the preceding 
year.
    (B) Application/renewal restrictions. To renew or apply for a 
limited access scallop permit, a completed application must be received 
by the Regional Director by the first day of the fishing year for which 
the permit is required. Failure to renew a limited access scallop permit 
in any year bars the renewal of the permit in subsequent years.
    (C) Qualification restriction. See paragraph (a)(1)(i)(C) of this 
section.
    (D) Change in ownership. See paragraph (a)(1)(i)(D) of this section.
    (E) Replacement vessels. See paragraph (a)(1)(i)(E) of this section.
    (F) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Percentage ownership restrictions. (1) For any vessel acquired 
after March 1, 1994, a vessel owner is not eligible to be issued a 
limited access scallop permit for the vessel if the issuance of the 
permit will result in the vessel owner, or any person who is a 
shareholder or partner of the vessel owner, having an ownership interest 
in limited access scallop vessels in excess of 5 percent of the number 
of all limited access scallop vessels at the time of permit application.
    (2) Vessel owners who were initially issued a 1994 limited access 
scallop permit, or were issued or renewed a limited access scallop 
permit for a vessel in 1995 and thereafter in compliance with the 
ownership restrictions in paragraph (a)(2)(i)(H)(1) of this section, are 
eligible to renew such permit(s), regardless of whether the renewal of 
the permits will result in the 5 percent ownership restriction being 
exceeded.
    (3) Having an ownership interest includes, but is not limited to, 
persons who are shareholders in a vessel owned by a corporation, who are 
partners (general or limited) to a vessel owner, or who, in any way, 
partly own a vessel.
    (I) Limited access permit restrictions. A vessel may be issued a 
limited access scallop permit in only one category during a fishing 
year. The owner of a vessel issued a limited access scallop permit must 
elect a permit category for that vessel prior to the start of each 
fishing year and will have one opportunity to request a change in permit 
category by submitting an application to the Regional Director within 45 
days of issuance of the vessel's permit. After this date, the vessel 
must remain in that permit category for the duration of the fishing 
year. Any DAS that a vessel uses prior to a change in permit category 
will be counted against its allocation received under any subsequent 
permit category.
    (J) Confirmation of Permit History. See paragraph (a)(1)(i)(J) of 
this section.
    (K) Abandonment or voluntary relinquishment of permits. See 
paragraph (a)(1)(i)(K) of this section.
    (ii) General scallop permit. Any vessel of the United States that is 
not in possession of a limited access scallop permit, and that 
possesses, or lands per trip, more than 40 lb (18.14 kg) and less than 
or including 400 lb (181.44 kg) of shucked meats, or the equivalent 
amount of in-shell scallops (5 and 50 bu (176.2 L and 176.2 L), 
respectively), except vessels that fish exclusively in state waters for 
scallops, must carry on board a valid general scallop permit.
    (3) Summer flounder vessels. Any vessel of the United States that 
fishes for or retains summer flounder in the EEZ must have been issued 
and carry on board a valid summer flounder permit, except for vessels 
other than party or charter vessels that observe the possession limit 
set forth in Sec. 648.105.
    (i) Moratorium permits (applicable through 1997). (A) Eligibility. 
To be eligible to apply for a moratorium permit to fish for and retain 
summer flounder in excess of the possession limit in Sec. 648.105 in the 
EEZ, a vessel must have

[[Page 167]]

been issued a summer flounder moratorium permit in a previous year or be 
replacing a vessel that was issued a moratorium permit for a previous 
year.
    (B) Application/renewal restriction. No one may apply for a summer 
flounder moratorium permit for a vessel after:
    (1) The owner retires the vessel from the fishery.
    (2) The vessel fails to land any summer flounder at least once 
within any 52-consecutive-week period.
    (C) Replacement vessels. To be eligible for a moratorium permit, the 
replacement vessel must be replacing a vessel of substantially similar 
harvesting capacity that is judged unseaworthy by the USCG, for reasons 
other than lack of maintenance, or that involuntarily left the fishery 
during the moratorium. Both the entering and replaced vessels must be 
owned by the same person. Vessel permits issued to vessels that 
involuntarily leave the fishery may not be combined to create larger 
replacement vessels.
    (ii) Party and charter boat permits. Any party or charter boat is 
eligible for a permit to fish for summer flounder, other than a summer 
flounder moratorium permit, if it is carrying passengers for hire. Such 
vessel must observe the possession limits specified in Sec. 648.105.
    (iii) Exemption permits. Owners of summer flounder vessels seeking 
an exemption from the minimum mesh requirement under the provisions of 
Sec. 648.104(b)(1) must apply to the Regional Director under paragraph 
(c) of this section at least 7 days prior to the date they wish the 
permit to become effective. The applicant must mark ``Exemption Permit 
Request'' on the permit application at the top. A permit issued under 
this paragraph (a)(3)(iii) does not meet the requirements of paragraph 
(a)(3)(i) of this section, but is subject to the other provisions of 
this section. Persons issued an exemption permit must surrender it to 
the Regional Director at least 1 day prior to the date they wish to fish 
not subject to the exemption. The Regional Director may impose temporary 
additional procedural requirements by publishing a notification in the 
Federal Register.
    (4) Surf clam and ocean quahog vessels.--Any vessel of the United 
States that fishes for surf clams or ocean quahogs, except vessels 
taking surf clams and ocean quahogs for personal use or fishing 
exclusively within state waters, must have been issued and carry on 
board a valid surf clam or ocean quahog permit, respectively.
    (5) Mackerel, squid, and butterfish vessels--Beginning on January 1, 
1997, any vessel of the United States, including party or charter 
vessels, that fishes for, possesses, or lands mackerel, squid, or 
butterfish in or from the EEZ, must have been issued and carry on board 
a valid Loligo and butterfish moratorium permit, incidental catch 
permit, mackerel and Illex permit or party/charter permit. This 
requirement does not apply to recreational fishing vessels. Until 
January 1, 1997, vessels that have been issued 1995 Federal mackerel, 
squid, and butterfish permits and are not otherwise subject to permit 
sanctions due to enforcement proceedings, may fish for, possess, or land 
mackerel, squid, or butterfish in or from the EEZ.
    (i) Loligo squid and butterfish moratorium permits. (A) Eligibility. 
A vessel is eligible for a moratorium permit to fish for and retain 
Loligo squid or butterfish in excess of the incidental catch allowance 
specified in paragraph (a)(5)(i) of this section, if it meets any of the 
following criteria:
    (1) The vessel landed and sold at least 20,000 lb (9.07 mt) of 
Loligo squid or butterfish in any 30 consecutive day period between 
August 13, 1981, and August 13, 1993.
    (2) The vessel is replacing such a vessel and meets the requirements 
of paragraph (a)(3)(i)(C) of this section.
    (B) Application/renewal restrictions. No one may apply for an 
initial Loligo squid and butterfish moratorium permit for a vessel 
after:
    (1) May 2, 1997.
    (2) The owner retires the vessel from the fishery.
    (C) Replacement vessels. See paragraph (a)(3)(i)(C) of this section.
    (D) Appeal of denial of permit. (1) Any applicant denied a 
moratorium permit may appeal to the Regional Director within 30 days of 
the notice of denial. Any such appeal shall be in writing. The only 
ground for appeal is that the

[[Page 168]]

Regional Director erred in concluding that the vessel did not meet the 
criteria in paragraph (a)(5)(i)(A)(1) of this section. The appeal shall 
set forth the basis for the applicant's belief that the Regional 
Director's decision was made in error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Director.
    (3) The hearing officer shall make a recommendation to the Regional 
Director.
    (4) The decision on the appeal by the Regional Director is the final 
decision of the Department of Commerce.
    (ii) Incidental catch permits. Any vessel of the United States may 
obtain a permit to fish for or retain up to 2,500 lb (1.13 mt) of Loligo 
squid or butterfish as an incidental catch in another directed fishery. 
The incidental catch allowance may be revised by the Regional Director, 
based upon a recommendation by the Council, following the procedure set 
forth in Sec. 648.21.
    (iii) Mackerel and Illex squid permits. Any vessel of the United 
States may obtain a permit under this section to fish for or retain 
Atlantic mackerel or Illex squid in or from the EEZ.
    (iv) Party and charter boat permits. The owner of any party or 
charter boat must obtain a permit to fish for or retain in or from the 
EEZ mackerel, squid, or butterfish while carrying passengers for hire.
    (6) Scup vessels. Beginning on January 1, 1997, and subject to the 
eligibility requirements specified in paragraphs (a)(6)(i) and 
(a)(6)(ii) of this section, the owner of a vessel of the United States, 
including a party or charter vessel, must obtain a permit issued under 
this part to fish for or retain scup for sale, barter or trade, in or 
from the EEZ north of 35 deg.15.3' N. lat. Any vessel, other than a 
party or charter boat, that observes the possession limit restrictions 
established pursuant to, and the prohibition on sale specified in, 
Sec. 648.125 is exempt from the permit requirement.
    (i) Moratorium permit--(A) Eligibility. A vessel is eligible for a 
moratorium permit to fish for and retain scup for sale if it meets any 
of the following criteria:
    (1) The vessel landed and sold scup between January 26, 1988, and 
January 26, 1993; or
    (2) The vessel is replacing such a vessel and meets the requirements 
of paragraph (a)(3)(i)(C) of this section.
    (B) Application/renewal restrictions. (1) No one may apply for an 
initial scup moratorium permit after August 25, 1997.
    (2) No one may apply for a scup moratorium permit after the owner 
retires the vessel from the fishery.
    (C) Replacement vessels. See paragraph (a)(3)(i)(C) of this section.
    (D) Appeal of denial of permit. (1) Any applicant denied a scup 
moratorium permit may appeal to the Regional Director within 30 days of 
the notice of denial. Any such appeal shall be in writing. The only 
ground for appeal is that the Regional Director erred in concluding that 
the vessel did not meet the criteria in paragraph (a)(6)(i)(A)(1) of 
this section. The appeal shall set forth the basis for the applicant's 
belief that the Regional Director's decision was made in error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Director.
    (3) The hearing officer shall make a recommendation to the Regional 
Director.
    (4) The decision on the appeal by the Regional Director is the final 
decision of the Department of Commerce.
    (ii) Party and charter boat permit. Any party or charter boat is 
eligible for a permit to fish for scup, other than a scup moratorium 
permit, if it is carrying passengers for hire. Such vessel must observe 
the possession limits established pursuant to, and the prohibitions on 
sale specified in, Sec. 648.125.
    (b) Permit conditions. Vessel owners who apply for a fishing vessel 
permit under this section must agree as a condition of the permit that 
the vessel and the vessel's fishing activity, catch, and pertinent gear 
(without regard to whether such fishing occurs in the EEZ or landward of 
the EEZ, and without regard to where such fish or gear are possessed, 
taken or landed), are subject to all requirements of this part, unless 
exempted from such requirements

[[Page 169]]

under this part. All such fishing activities, catch, and gear will 
remain subject to all applicable state requirements. Except as otherwise 
provided in this part, if a requirement of this part and a management 
measure required by a state or local law differ, any vessel owner 
permitted to fish in the EEZ for any species managed under this part 
must comply with the more restrictive requirement. Owners and operators 
of vessels fishing under the terms of a summer flounder moratorium 
permit must also agree not to land summer flounder in any state after 
the Regional Director has published a notification in the Federal 
Register stating that the commercial quota for that state has been 
harvested, and that no commercial quota is available. A state not 
receiving an allocation of summer flounder is deemed to have no 
commercial quota available. Owners and operators of vessels fishing 
under the terms of a scup moratorium permit must also agree not to land 
scup after the Regional Director has published a notification in the 
Federal Register stating that the commercial quota has been harvested. 
Owners or operators fishing for surf clams and ocean quahogs within 
waters under the jurisdiction of any state that requires cage tags are 
not subject to any conflicting Federal minimum size or tagging 
requirements. If a surf clam and ocean quahog requirement of this part 
differs from a surf clam and ocean quahog management measure required by 
a state that does not require cage tagging, any vessel owners or 
operator permitted to fish in the EEZ for surf clams and ocean quahogs 
must comply with the more restrictive requirement while fishing in state 
waters. However, surrender of a surf clam and ocean quahog vessel permit 
by the owner by certified mail addressed to the Regional Director allows 
an individual to comply with the less restrictive state minimum size 
requirement, so long as fishing is conducted exclusively within state 
waters.
    (c) Vessel permit applications--(1) General. Applicants for a permit 
under this section must submit a completed application on an appropriate 
form obtained from the Regional Director. The application must be signed 
by the owner of the vessel, or the owner's authorized representative, 
and be submitted to the Regional Director at least 30 days before the 
date on which the applicant desires to have the permit made effective. 
The Regional Director will notify the applicant of any deficiency in the 
application pursuant to this section. Vessel owners who are eligible to 
apply for limited access or moratorium permits under this part shall 
provide information with the application sufficient for the Regional 
Director to determine whether the vessel meets the applicable 
eligibility requirements specified in this section.
    (2) Information requirements. (i) An application for a permit issued 
under this section, in addition to the information specified in 
paragraph (c)(1) of this section, also must contain at least the 
following information, and any other information required by the 
Regional Director: Vessel name; owner name, mailing address, and 
telephone number; USCG documentation number and a copy of the vessel's 
current USCG documentation or, for a vessel not required to be 
documented under title 46 U.S.C., the vessel's state registration number 
and a copy of the current state registration; a copy of the vessel's 
current party/charter boat license (if applicable); home port and 
principal port of landing; length overall; GRT; NT; engine horsepower; 
year the vessel was built; type of construction; type of propulsion; 
approximate fish hold capacity; type of fishing gear used by the vessel; 
number of crew; number of party or charter passengers licensed to carry 
(if applicable); permit category; if the owner is a corporation, a copy 
of the current Certificate of Incorporation or other corporate papers 
showing the date of incorporation and the names of the current officers 
of the corporation, and the names and addresses of all shareholders 
owning 25 percent or more of the corporation's shares; if the owner is a 
partnership, a copy of the current Partnership Agreement and the names 
and addresses of all partners; if there is more than one owner, names of 
all owners having a 25-percent interest or more; the name and signature 
of the owner or the owner's authorized representative; and permit number 
of any current or, if expired,

[[Page 170]]

previous Federal fishery permit issued to the vessel.
    (ii) An application for an initial limited access multispecies hook-
gear permit must also contain the following information:
    (A) If the engine horsepower was changed or a contract to change the 
engine horsepower had been entered into prior to May 1, 1996, such that 
it is different from that stated in the vessel's most recent application 
for a Federal fisheries permit before May 1, 1996, sufficient 
documentation to ascertain the different engine horsepower. However, the 
engine replacement must be completed within 1 year of the date of when 
the contract for the replacement engine was signed.
    (B) If the length, GRT, or NT was changed or a contract to change 
the length, GRT, or NT been entered into prior to May 1, 1996, such that 
it is different from that stated in the vessel's most recent application 
for a Federal fisheries permit, sufficient documentation to ascertain 
the different length, GRT, or NT. However, the upgrade must be completed 
within 1 year from the date when the contract for the upgrade was 
signed.
    (iii) An application for a multispecies permit must also contain a 
copy of the vendor installation receipt from a NMFS certified VTS vendor 
as described in Sec. 648.9, if the vessel has been issued a limited 
access multispecies Combination Vessel permit or individual DAS category 
permit, or if the applicant elects to use a VTS unit, although not 
required.
    (iv) An application for a limited access scallop permit must also 
contain the following information:
    (A) For every person named by applicants for limited access scallop 
permits pursuant to paragraph (c)(2)(i) of this section, the names of 
all other vessels in which that person has an ownership interest and for 
which a limited access scallop permit has been issued or applied for.
    (B) If applying for full-time or part-time limited access scallop 
permit, or if opting to use a VTS unit, though not required, a copy of 
the vendor installation receipt from a NMFS-approved VTS vendor as 
described in Sec. 648.9.
    (C) If applying to fish under the small dredge program set forth 
under Sec. 648.51(e), an annual declaration into the program.
    (v) An application for a surf clam and ocean quahog permit must also 
contain the pump horsepower.
    (d) Fees. The Regional Director may charge a fee to recover 
administrative expenses of issuing a permit required under this section. 
The amount of the fee is calculated in accordance with the procedures of 
the NOAA Finance Handbook, available from the Regional Director, for 
determining administrative costs of each special product or service. The 
fee may not exceed such costs and is specified with each application 
form. The appropriate fee must accompany each application; if it does 
not, the application will be considered incomplete for purposes of 
paragraph (e) of this section. Any fee paid by an insufficiently funded 
commercial instrument shall render any permit issued on the basis 
thereof null and void.
    (e) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, the Regional Director shall issue a permit within 30 days of 
receipt of the application, unless the application is deemed incomplete 
for the following reasons:
    (i) The applicant has failed to submit a complete application. An 
application is complete when all requested forms, information, 
documentation, and fees, if applicable, have been received and the 
applicant has submitted all applicable reports specified in Sec. 648.7;
    (ii) The application was not received by the Regional Director by 
the applicable deadline set forth in this section;
    (iii) The applicant and applicant's vessel failed to meet all 
applicable eligibility requirements set forth in this section;
    (iv) The applicant applying for a limited access multispecies 
combination vessel or individual DAS permit, a full-time or part-time 
limited access scallop permit, or electing to use a VTS, has failed to 
meet all of the VTS requirements specified in Secs. 648.9 and 648.10; or
    (v) The applicant has failed to meet any other application 
requirements stated in this part.
    (2) Incomplete applications. Upon receipt of an incomplete or 
improperly

[[Page 171]]

executed application for any permit under this part, the Regional 
Director shall notify the applicant of the deficiency in the 
application. If the applicant fails to correct the deficiency within 30 
days following the date of notification, the application will be 
considered abandoned.
    (f) Change in permit information. Any change in the information 
specified in paragraph (c)(2) of this section must be submitted by the 
applicant in writing to the Regional Director within 15 days of the 
change, or the permit is void.
    (g) Expiration. A permit expires upon the renewal date specified in 
the permit.
    (h) Duration. A permit will continue in effect unless it is revoked, 
suspended, or modified under 15 CFR part 904, or otherwise expires, or 
ownership changes, or the applicant has failed to report any change in 
the information on the permit application to the Regional Director as 
specified in paragraph (f) of this section. However, the Regional 
Director may authorize the continuation of a permit if the new owner so 
requests. Applications for permit continuations must be addressed to the 
Regional Director.
    (i) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (j) Reissuance. Permits may be issued by the Regional Director when 
requested in writing by the owner, stating the need for reissuance, the 
name of the vessel, and the fishing permit number assigned. An 
application for a reissued permit will not be considered a new 
application. The fee for a reissued permit shall be the same as for an 
initial permit.
    (k) Transfer. Permits issued under this part are not transferable or 
assignable. A permit will be valid only for the fishing vessel and owner 
for which it is issued.
    (l) Display. The permit must be carried, at all times, on board the 
vessel for which it is issued, and must be maintained in legible 
condition. The permit shall be subject to inspection upon request by any 
authorized official.
    (m) Sanctions. The Assistant Administrator may suspend, revoke, or 
modify, any permit issued or sought under this section. Procedures 
governing enforcement-related permit sanctions or denials are found at 
subpart D of 15 CFR part 904.

[61 FR 34968, July 3, 1996, as amended at 61 FR 39910, July 31, 1996; 61 
FR 43424, Aug. 23, 1996; 61 FR 49277, Sept. 19, 1996]



Sec. 648.5  Operator permits.

    (a) General. Any operator of a vessel fishing for or possessing sea 
scallops in excess of 40 lb (18.1 kg), NE multispecies, and, as of 
January 1, 1997, mackerel, squid or butterfish, or scup, harvested in or 
from the EEZ, or issued a permit for these species under this part, must 
have and carry on board a valid operator's permit issued under this 
section. An operator permit issued pursuant to part 649 shall satisfy 
the permitting requirement of this section. This requirement does not 
apply to operators of recreational vessels.
    (b) Operator permit application. Applicants for a permit under this 
section must submit a completed application on an appropriate form 
provided by the Regional Director. The application must be signed by the 
applicant and submitted to the Regional Director at least 30 days before 
the date upon which the applicant desires to have the permit made 
effective. The Regional Director will notify the applicant of any 
deficiency in the application, pursuant to this section.
    (c) Condition. Vessel operators who apply for an operator's permit 
under this section must agree as a condition of this permit that the 
operator and vessel's fishing, catch, crew size, and pertinent gear 
(without regard to whether such fishing occurs in the EEZ or landward of 
the EEZ, and without regard to where such fish or gear are possessed, 
taken, or landed) are subject to all requirements of this part while 
fishing in the EEZ or on board a vessel for which a permit is issued 
under Sec. 648.4, unless exempted from such requirements under 
Sec. 648.12. The vessel and all such fishing, catch, and gear will 
remain subject to all applicable state or local requirements. Further, 
such operators must agree, as a condition of this permit, that, if the 
permit is suspended or revoked pursuant to 15 CFR part 904, the operator 
cannot be

[[Page 172]]

aboard any fishing vessel issued a Federal fisheries permit or any 
vessel subject to Federal fishing regulations while the vessel is at sea 
or engaged in offloading. If a requirement of this part and a management 
measure required by state or local law differ, any operator issued a 
permit under this part must comply with the more restrictive 
requirement.
    (d) Information requirements. An applicant must provide at least all 
the following information and any other information required by the 
Regional Director: Name, mailing address, and telephone number; date of 
birth; hair color; eye color; height; weight; social security number 
(optional); and signature of the applicant. The applicant must also 
provide two recent (no more than 1 year old), color, passport-size 
photographs.
    (e) Fees. Same as Sec. 648.4(d).
    (f) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Director shall issue an operator's permit within 30 days of 
receipt of a completed application, if the criteria specified herein are 
met. Upon receipt of an incomplete or improperly executed application, 
the Regional Director will notify the applicant of the deficiency in the 
application. If the applicant fails to correct the deficiency within 30 
days following the date of notification, the application will be 
considered abandoned.
    (g) Expiration. Same as Sec. 648.4(g).
    (h) Duration. A permit is valid until it is revoked, suspended or 
modified under 15 CFR part 904, or otherwise expires, or the applicant 
has failed to report a change in the information on the permit 
application to the Regional Director as specified in paragraph (k) of 
this section.
    (i) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Director when requested in writing by the 
applicant, stating the need for reissuance and the Federal operator 
permit number assigned. An applicant for a reissued permit must also 
provide two recent, color, passport-size photos of the applicant. An 
application for a reissued permit will not be considered a new 
application. An appropriate fee may be charged.
    (j) Transfer. Permits issued under this part are not transferable or 
assignable. A permit is valid only for the person to whom it is issued.
    (k) Change in permit application information. Notice of a change in 
the permit holder's name, address, or telephone number must be submitted 
in writing to, and received by, the Regional Director within 15 days of 
the change in information. If written notice of the change in 
information is not received by the Regional Director within 15 days, the 
permit is void.
    (l) Alteration. Same as Sec. 648.4(i).
    (m) Display. Any permit issued under this part must be maintained in 
legible condition and displayed for inspection upon request by any 
authorized officer or NMFS official.
    (n) Sanctions. Vessel operators with suspended or revoked permits 
may not be aboard a federally permitted fishing vessel in any capacity 
while the vessel is at sea or engaged in offloading. Procedures 
governing enforcement related permit sanctions and denials are found at 
subpart D of 15 CFR part 904.
    (o) Vessel owner responsibility. Vessel owners are responsible for 
ensuring that their vessels are operated by an individual with a valid 
operator's permit issued under this section.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996]



Sec. 648.6  Dealer/processor permits.

    (a) General. All NE multispecies, sea scallop, summer flounder, surf 
clam and ocean quahog dealers, and surf clam and ocean quahog processors 
must have been issued and have in their possession a permit for such 
species issued under this section. As of January 1, 1997, all mackerel, 
squid, or butterfish dealers and all scup dealers must have been issued 
and have in their possession a valid dealers permit for those species.
    (b) Dealer/processor permit applications. Same as Sec. 648.5(b).
    (c) Information requirements. Applications must contain at least the 
following information, and any other information required by the 
Regional Director: Company name, place(s) of business (principal place 
of business if applying for a surf clam and ocean quahog permit), 
mailing address(es) and

[[Page 173]]

telephone number(s), owner's name, dealer permit number (if a renewal), 
name and signature of the person responsible for the truth and accuracy 
of the application, a copy of the certificate of incorporation if the 
business is a corporation, and a copy of the Partnership Agreement and 
the names and addresses of all partners if the business is a 
partnership.
    (d) Fees. Same as Sec. 648.4(d).
    (e) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Director will issue a permit at any time during the fishing 
year to an applicant, unless the applicant fails to submit a completed 
application. An application is complete when all requested forms, 
information, and documentation have been received and the applicant has 
submitted all applicable reports specified in Sec. 648.7 during the 12 
months immediately preceding the application. Upon receipt of an 
incomplete or improperly executed application, the Regional Director 
will notify the applicant of the deficiency in the application. If the 
applicant fails to correct the deficiency within 30 days following the 
date of notification, the application will be considered abandoned.
    (f) Expiration. Same as Sec. 648.4(g).
    (g) Duration. A permit is valid until it is revoked, suspended, or 
modified under 15 CFR part 904, or otherwise expires, or ownership 
changes, or the applicant has failed to report any change in the 
information on the permit application to the Regional Director as 
required by paragraph (j) of this section.
    (h) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Director when requested in writing by the 
applicant, stating the need for reissuance and the Federal dealer permit 
number assigned. An application for a reissued permit will not be 
considered a new application. An appropriate fee may be charged.
    (i) Transfer. Permits issued under this part are not transferable or 
assignable. A permit is valid only for the person to whom, or other 
business entity to which, it is issued.
    (j) Change in application information. Same as Sec. 648.5(k).
    (k) Alteration. Same as Sec. 648.4(i).
    (l) Display. Same as Sec. 648.5(m).
    (m) Federal versus state requirements. If a requirement of this part 
differs from a fisheries management measure required by state law, any 
dealer issued a Federal dealer permit must comply with the more 
restrictive requirement.
    (n) Sanctions. Same as Sec. 648.4(m).

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996]



Sec. 648.7  Recordkeeping and reporting requirements.

    (a) Dealers--(1) Weekly report. Federally-permitted dealers must 
send by mail to the Regional Director, or official designee, on a weekly 
basis on forms supplied by or approved by the Regional Director a report 
of fish purchases, except that surf clam and ocean quahog dealers or 
processors are required only to report surf clam and ocean quahog 
purchases. If authorized in writing by the Regional Director, dealers 
may submit reports electronically or through other media. The following 
information, and any other information required by the Regional 
Director, must be provided in the report:
    (i) Summer flounder, scallop, NE multispecies, and, as of January 1, 
1997, mackerel, squid or butterfish, and scup dealers must provide: Name 
and mailing address of dealer, dealer number, name and permit number of 
the vessels from which fish are landed or received, dates of purchases, 
pounds by species, price by species, and port landed. If no fish are 
purchased during the week, a report so stating must be submitted. All 
report forms must be signed by the dealer or other authorized 
individual.
    (ii) Surf clam and ocean quahog processors and dealers must provide: 
Date of purchase or receipt; name, permit number and mailing address; 
number of bushels by species; cage tag numbers; allocation permit 
number; vessel name and permit number; price per bushel by species. 
Dealers must also report disposition of surf clams or ocean quahogs, 
including name and permit number of recipients. Processors must also 
report size distribution and meat yield per bushel by species.
    (2) Annual report. All persons required to submit reports under 
paragraph (a)(1) of this section are required to submit the following 
information on an

[[Page 174]]

annual basis, on forms supplied by the Regional Director:
    (i) Summer flounder, scallop, NE multispecies, and, as of January 1, 
1997, mackerel, squid, or butterfish, and scup dealers must complete the 
``Employment Data'' section of the Annual Processed Products Reports; 
completion of the other sections of that form is voluntary. Reports must 
be submitted to the address supplied by the Regional Director.
    (ii) Surf clam and ocean quahog processors and dealers must provide 
the average number of processing plant employees during each month of 
the year just ended; average number of employees engaged in production 
of processed surf clam and ocean quahog products, by species, during 
each month of the year just ended; plant capacity to process surf clam 
and ocean quahog shellstock, or to process surf clam and ocean quahog 
meats into finished products, by species; an estimate, for the next 
year, of such processing capacities; and total payroll for surf clam and 
ocean quahog processing, by month. If the plant processing capacities 
described in this paragraph (a)(2)(ii) change more than 10 percent 
during any year, the processor shall promptly notify the Regional 
Director.
    (b) Vessel owners--(1) Fishing Vessel Log Reports--(i) Owners of 
vessels issued a moratorium permit for summer flounder, mackerel, squid, 
or butterfish, or scup, or a permit for sea scallop, or multispecies. 
The owner or operator of any vessel issued a moratorium vessel permit 
for summer flounder, or, as of January 1, 1997, for mackerel, squid, or 
butterfish, or scup, or a permit for sea scallops, or NE multispecies, 
must maintain on board the vessel, and submit, an accurate daily fishing 
log report for all fishing trips, regardless of species fished for or 
taken, on forms supplied by or approved by the Regional Director. If 
authorized in writing by the Regional Director, vessel owners or 
operators may submit reports electronically, for example by using a VTS 
or other media. At least the following information, and any other 
information required by the Regional Director, must be provided: Vessel 
name; USCG documentation number (or state registration number, if 
undocumented); permit number; date/time sailed; date/time landed; trip 
type; number of crew; number of anglers (if a charter or party boat); 
gear fished; quantity and size of gear; mesh/ring size; chart area 
fished; average depth; latitude/longitude (or loran station and 
bearings); total hauls per area fished; average tow time duration; 
pounds, by species, of all species landed or discarded; dealer permit 
number; dealer name; date sold; port and state landed; and vessel 
operator's name, signature, and operator permit number (if applicable).
    (ii) Surf clam and ocean quahog vessel owners and operators. The 
owner or operator of any vessel conducting any surf clam and ocean 
quahog fishing operations, except those conducted exclusively in waters 
of a state that requires cage tags or when he/she has surrendered the 
surf clam and ocean quahog fishing vessel permit, shall maintain, on 
board the vessel, an accurate daily fishing log for each fishing trip, 
on forms supplied by the Regional Director, showing at least: Name and 
permit number of the vessel, total amount in bushels of each species 
taken, date(s) caught, time at sea, duration of fishing time, locality 
fished, crew size, crew share by percentage, landing port, date sold, 
price per bushel, buyer, tag numbers from cages used, quantity of surf 
clams and ocean quahogs discarded, and allocation permit number.
    (iii) Owners of party and charter boats. The owner of any party or 
charter boat issued a summer flounder or scup permit other than a 
moratorium permit and carrying passengers for hire shall maintain on 
board the vessel, and submit, an accurate daily fishing log report for 
each charter or party fishing trip that lands summer flounder or scup, 
unless such a vessel is also issued a moratorium permit for summer 
flounder, a permit for sea scallops or multispecies, or, as of January 
1, 1997, a moratorium permit for mackerel, squid, or butterfish, or 
scup, in which case a fishing log report is required for each trip 
regardless of species retained. If authorized in writing by the Regional 
Director, vessel owners may submit reports electronically, for example, 
by using a VTS or other media. At least the following information, and 
any other information required by the

[[Page 175]]

Regional Director, must be provided: Vessel name; USGC documentation 
number (or state registration number, if undocumented); permit number; 
date/time sailed; date/time landed; trip type; number of crew; number of 
anglers; gear fished; quantity and size of gear; chart area fished; 
average depth; latitude/longitude (or loran station and bearings); 
average tow time duration; count, by species, of all species landed or 
discarded; port and state landed; and vessel operator's name, signature, 
and operator permit number (if applicable).
    (c) When to fill out a log report. Log reports required by paragraph 
(b)(1)(i) of this section must be filled out, except for information 
required but not yet ascertainable, before offloading or landing has 
begun. All information must be filled out before starting the next 
fishing trip. Log reports required by paragraph (b)(1)(ii) of this 
section must be filled out before landing any surf clams or ocean 
quahogs. Log reports required by paragraph (b)(1)(iii) of this section 
must be filled out, except for information required but not yet 
ascertainable, before offloading or landing has begun. All information 
required in paragraph (b)(1)(iii) of this section must be filled out for 
each fishing trip by the end of each fishing trip.
    (d) Inspection. All persons required to submit reports under this 
section, upon the request of an authorized officer, or by an employee of 
NMFS designated by the Regional Director to make such inspections, must 
make immediately available for inspection copies of the required reports 
that have been submitted, or should have been submitted, and the records 
upon which the reports were based. At any time during or after a trip, 
owners and operators must make immediately available for inspection the 
fishing log reports currently in use, or to be submitted.
    (e) Record retention. Copies of reports, and records upon which the 
reports were based, must be retained and be available for review for 1 
year after the date of the last entry on the report. Copies of fishing 
log reports must be retained and available for review for 1 year after 
the date of the last entry on the log. Dealers must retain required 
reports and records at their principal place of business.
    (f) Submitting reports--(1) Dealer or processor reports. Weekly 
dealer or processor reports must be received or postmarked, if mailed, 
within 3 days after the end of each reporting week. Each dealer will be 
sent forms and instructions, including the address to which to submit 
reports, shortly after receipt of a dealer permit. If no fish or fish 
product was purchased during a week, a report so stating must be 
submitted. Annual reports for a calendar year must be submitted to NMFS 
Statistics, and must be postmarked by February 10 of the following year. 
Contact the Regional Director for the address of NMFS Statistics.
    (2) Fishing vessel log reports. Fishing log reports must be received 
or postmarked, if mailed, within 15 days after the end of the reporting 
month. Each owner will be sent forms and instructions, including the 
address to which to submit reports, shortly after receipt of a Federal 
fisheries permit. If no fishing trip is made during a month, a report so 
stating must be submitted. Annual reports must be submitted to NMFS 
Statistics and must be postmarked by February 10 of the following year.
    (3) At-sea purchasers, receivers, or processors. All persons 
purchasing, receiving, or processing any summer flounder, or, as of 
January 1, 1997, mackerel, squid, or butterfish, or scup, at sea for 
landing at any port of the United States must submit information 
identical to that required by paragraph (a)(1) or (a)(2) of this 
section, as applicable, and provide those reports to the Regional 
Director or a designee on the same frequency basis.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996]



Sec. 648.8  Vessel identification.

    (a) Vessel name and official number. Each fishing vessel subject to 
this part and over 25 ft (7.6 m) in registered length must:
    (1) Affix permanently its name on the port and starboard sides of 
the bow and, if possible, on its stern.
    (2) Display its official number on the port and starboard sides of 
the deckhouse or hull, and on an appropriate weather deck so as to be 
clearly visible from enforcement vessels and aircraft.

[[Page 176]]

The official number is the USCG documentation number or the vessel's 
state registration number for vessels not required to be documented 
under title 46 U.S.C.
    (b) Numerals. Except as provided in paragraph (d) of this section, 
the official number must be displayed in block arabic numerals in 
contrasting color at least 18 inches (45.7 cm) in height for fishing 
vessels over 65 ft (19.8 m) in registered length, and at least 10 inches 
(25.4 cm) in height for all other vessels over 25 ft (7.6 m) in 
registered length. The registered length of a vessel, for purposes of 
this section, is that registered length set forth in USCG or state 
records.
    (c) Duties of owner. The owner of each vessel subject to this part 
shall ensure that--
    (1) The vessel's name and official number are kept clearly legible 
and in good repair.
    (2) No part of the vessel, its rigging, its fishing gear, or any 
other object obstructs the view of the official number from any 
enforcement vessel or aircraft.
    (d) Non-permanent marking. Vessels carrying recreational fishing 
parties on a per capita basis or by charter must use markings that meet 
the above requirements, except for the requirement that they be affixed 
permanently to the vessel. The non-permanent markings must be displayed 
in conformity with the above requirements.
    (e) New Jersey surf clam or ocean quahog vessels. Instead of 
complying with paragraph (a) of this section, surf clam or ocean quahog 
vessels licensed under New Jersey law may use the appropriate vessel 
identification markings established by that state.



Sec. 648.9  VTS requirements.

    (a) Approval. The Regional Director will annually approve VTSs that 
meet the minimum performance criteria specified in paragraph (b) of this 
section. Any changes to the performance criteria will be published 
annually in the Federal Register and a list of approved VTSs will be 
published in the Federal Register upon addition or deletion of a VTS 
from the list. In the event that a VTS is deleted from the list, vessel 
owners that purchased a VTS unit that is part of that VTS prior to 
publication of the revised list will be considered to be in compliance 
with the requirement to have an approved unit, unless otherwise notified 
by the Regional Director.
    (b) Minimum VTS performance criteria. The basic required features of 
the VTS are as follows:
    (1) The VTS shall be tamper proof, i.e., shall not permit the input 
of false positions; furthermore, if a system uses satellites to 
determine position, satellite selection should be automatic to provide 
an optimal fix and should not be capable of being manually overridden by 
any person aboard a fishing vessel or by the vessel owner.
    (2) The VTS shall be fully automatic and operational at all times, 
regardless of weather and environmental conditions.
    (3) The VTS shall be capable of tracking vessels in all U.S. waters 
in the Atlantic Ocean from the shoreline of each coastal state to a line 
215 nm offshore and shall provide position accuracy to within 400 m 
(1,300 ft).
    (4) The VTS shall be capable of transmitting and storing information 
including vessel identification, date, time, and latitude/longitude.
    (5) The VTS shall provide accurate hourly position transmissions 
every day of the year. In addition, the VTS shall allow polling of 
individual vessels or any set of vessels at any time and receive 
position reports in real time. For the purposes of this specification, 
``real time'' shall constitute data that reflect a delay of 15 minutes 
or less between the displayed information and the vessel's actual 
position.
    (6) The VTS shall be capable of providing network message 
communications between the vessel and shore. The VTS shall allow NMFS to 
initiate communications or data transfer at any time.
    (7) The VTS vendor shall be capable of transmitting position data to 
a NMFS-designated computer system via a modem at a minimum speed of 9600 
baud. Transmission shall be in ASCII text in a file format acceptable to 
NMFS.
    (8) The VTS shall be capable of providing vessel locations relative 
to

[[Page 177]]

international boundaries and fishery management areas.
    (9) The VTS vendor shall be capable of archiving vessel position 
histories for a minimum of 1 year and providing transmission to NMFS of 
specified portions of archived data in response to NMFS requests and in 
a variety of media (tape, floppy, etc.).
    (c) Operating requirements. All required VTS units must transmit a 
signal indicating the vessel's accurate position at least every hour, 24 
hours a day, throughout the year.
    (d) Presumption. If a VTS unit fails to transmit an hourly signal of 
a vessel's position, the vessel shall be deemed to have incurred a DAS, 
or fraction thereof, for as long as the unit fails to transmit a signal, 
unless a preponderance of evidence shows that the failure to transmit 
was due to an unavoidable malfunction or disruption of the transmission 
that occurred while the vessel was declared out of the scallop fishery 
or NE multispecies fishery, as applicable, or was not at sea.
    (e) Replacement. Should a VTS unit require replacement, a vessel 
owner must submit documentation to the Regional Director, within 3 days 
of installation and prior to the vessel's next trip, verifying that the 
new VTS unit is an operational approved system as described under 
paragraph (a)(1) of this section.
    (f) Access. As a condition to obtaining a limited access scallop or 
multispecies permit, all vessel owners must allow NMFS, the USCG, and 
their authorized officers or designees access to the vessel's DAS and 
location data obtained from its VTS at the time of or after its 
transmission to the vendor or receiver, as the case may be.
    (g) Tampering. Tampering with a VTS, a VTS unit, or a VTS signal, is 
prohibited. Tampering includes any activity that is likely to affect the 
unit's ability to operate properly, signal, or accuracy of computing the 
vessel's position fix.



Sec. 648.10  DAS notification requirements.

    (a) VTS Demarcation Line. The VTS Demarcation Line is defined by 
straight lines connecting the following coordinates in the order stated 
(a copy of a map showing the line is available from the Regional 
Director upon request):

                          VTS Demarcation Line                          
------------------------------------------------------------------------
           Description                 N. Long.             W. Lat.     
------------------------------------------------------------------------
1. Northern terminus point        45 deg.03'          66 deg.47'        
 (Canada landmass).                                                     
2. A point east of West Quoddy    44 deg.48.9'        66 deg.56.1'      
 Head Light.                                                            
3. A point east of Little River   44 deg.39.0'        67 deg.10.5'      
 Light.                                                                 
4. Whistle Buoy ``8BI'' (SSE of   44 deg.13.6'        68 deg.10.8'      
 Baker Island).                                                         
5. Isle au Haut Light...........  44 deg.03.9'        68 deg.39.1'      
6. Pemaquid Point Light.........  43 deg.50.2'        69 deg.30.4'      
7. A point west of Halfway Rock.  43 deg.38.0'        70 deg.05.0'      
8. A point east of Cape Neddick   43 deg.09.9'        70 deg.34.5'      
 Light.                                                                 
9. Merrimack River Entrance       42 deg.48.6'        70 deg.47.1'      
 ``MR'' Whistle Buoy.                                                   
10. Halibut Point Gong Buoy       42 deg.42.0'        70 deg.37.5'      
 ``1AHP''.                                                              
11. Connecting reference point..  42 deg.40'          70 deg.30'        
12. Whistle Buoy ``2'' off        42 deg.34.3'        70 deg.39.8'      
 Eastern Point.                                                         
13. The Graves Light (Boston)...  42 deg.21.9'        70 deg.52.2'      
14. Minots Ledge Light..........  42 deg.16.2'        70 deg.45.6'      
15. Farnham Rock Lighted Bell     42 deg.05.6'        70 deg.36.5'      
 Buoy.                                                                  
16. Cape Cod Canal Bell Buoy      41 deg.48.9'        70 deg.27.7'      
 ``CC''.                                                                
17. A point inside Cape Cod Bay.  41 deg.48.9'        70 deg.05'        
18. Race Point Lighted Bell Buoy  42 deg.04.9'        70 deg.16.8'      
 ``RP''.                                                                
19. Peaked Hill Bar Whistle Buoy  42 deg.07.0'        70 deg.06.2'      
 ``2PH''.                                                               
20. Connecting point, off Nauset  41 deg.50'          69 deg.53'        
 Light.                                                                 
21. A point south of Chatham      41 deg.38'          69 deg.55.2'      
 ``C'' Whistle Buoy.                                                    
22. A point in eastern Vineyard   41 deg.30'          70 deg.33'        
 Sound.                                                                 
23. A point east of Martha's      41 deg.22.2'        70 deg.24.6'      
 Vineyard.                                                              
24. A point east of Great Pt.     41 deg.23.4'        69 deg.57'        
 Light, Nantucket.                                                      
25. A point SE of Sankaty Head,   41 deg.13'          69 deg.57'        
 Nantucket.                                                             
26. A point west of Nantucket...  41 deg.15.6'        70 deg.25.2'      
27. Squibnocket Lighted Bell      41 deg.15.7'        70 deg.46.3'      
 Buoy ``1''.                                                            
28. Wilbur Point (on Sconticut    41 deg.35.2'        70 deg.51.2'      
 Neck).                                                                 
29. Mishaum Point (on Smith       41 deg.31.0'        70 deg.57.2'      
 Neck).                                                                 
30. Sakonnet Entrance Lighted     41 deg.25.7'        71 deg.13.4'      
 Whistle Buoy ``SR''.                                                   
31. Point Judith Lighted Whistle  41 deg.19.3'        71 deg.28.6'      
 Buoy ``2''.                                                            

[[Page 178]]

                                                                        
32. A point off Block Island      41 deg.08.2'        71 deg.32.1'      
 Southeast Light.                                                       
33. Shinnecock Inlet Lighted      40 deg.49.0'        72 deg.28.6'      
 Whistle Buoy ``SH''.                                                   
34. Scotland Horn Buoy ``S'',     40 deg.26.5'        73 deg.55.0'      
 off Sandy Hook (NJ).                                                   
35. Barnegat Lighted Gong Buoy    39 deg.45.5'        73 deg.59.5'      
 ``2''.                                                                 
36. A point east of Atlantic      39 deg.21.9'        74 deg.22.7'      
 City Light.                                                            
37. A point east of Hereford      39 deg.00.4'        74 deg.46'        
 Inlet Light.                                                           
38. A point east of Cape          38 deg.47'          75 deg.04'        
 Henlopen Light.                                                        
39. A point east of Fenwick       38 deg.27.1'        75 deg.02'        
 Island Light.                                                          
40. A point NE of Assateague      38 deg.00'          75 deg.13'        
 Island (VA).                                                           
41. Wachapreague Inlet Lighted    37 deg.35.0'        75 deg.33.7'      
 Whistle Buoy ``A''.                                                    
42. A point NE of Cape Henry....  36 deg.55.6'        75 deg.58.5'      
43. A point east of Currituck     36 deg.22.6'        75 deg.48'        
 Beach Light.                                                           
44. Oregon Inlet (NC) Whistle     35 deg.48.5'        75 deg.30'        
 Buoy.                                                                  
45. Wimble Shoals, east of        35 deg.36'          75 deg.26'        
 Chicamacomico.                                                         
46. A point SE of Cape Hatteras   35 deg.12.5'        75 deg.30'        
 Light.                                                                 
47. Hatteras Inlet Entrance Buoy  35 deg.10'          75 deg.46'        
 ``HI''.                                                                
48. Ocracoke Inlet Whistle Buoy   35 deg.01.5'        76 deg.00.5'      
 ``OC''.                                                                
49. A point east of Cape Lookout  34 deg.36.5'        76 deg.30'        
 Light.                                                                 
50. Southern terminus point.....  34 deg.35'          76 deg.41'        
------------------------------------------------------------------------

    (b) VTS notification. Multispecies vessels issued an individual DAS 
or combination permit, scallop vessels issued a full-time or part-time 
limited access scallop permit, or scallop vessels fishing under the 
small dredge program specified in Sec. 648.51(e), or vessels issued a 
limited access multispecies or scallop permit and whose owners elect to 
fish under the VTS notification of this paragraph (b), unless otherwise 
authorized or required by the Regional Director under Sec. 648.9(a), 
must have installed on board an operational VTS unit that meets the 
minimum performance criteria specified in Sec. 648.9(b), or as modified 
as specified in Sec. 648.9(a). Owners of such vessels must provide 
documentation to the Regional Director at the time of application for a 
limited access permit that the vessel has an operational VTS unit that 
meets the minimum performance criteria specified in Sec. 648.9(b), or as 
modified as specified in Sec. 648.9(a). If a vessel has already been 
issued a limited access permit without providing such documentation, the 
Regional Director shall allow at least 30 days for the vessel to instal 
an operational VTS unit that meets the minimum performance criteria 
specified in Sec. 648.9(b), or as modified as specified in 
Sec. 648.9(a), and to provide documentation of such installation to the 
Regional Director. The VTS unit shall be subject to the following 
requirements and presumption:
    (1) Multispecies vessels issued an individual DAS or combination 
permit, scallop vessels issued a full-time or part-time limited access 
scallop permit, or vessels issued a limited access multispecies or 
scallop permit and whose owners elect to fish under the VTS notification 
of this paragraph (b), that have crossed the VTS Demarcation Line 
specified under paragraph (a) of this section, are deemed to be fishing 
under the DAS program, unless the vessel's owner or authorized 
representative declares the vessel out of the scallop or NE multispecies 
fishery, as applicable, for a specific time period by notifying the 
Regional Director through the VTS prior to the vessel leaving port.
    (2) Part-time scallop vessels may not fish in the DAS allocation 
program unless they declare into the scallop fishery for a specific time 
period by notifying the Regional Director through the VTS.
    (3) Notification that the vessel is not under the DAS program must 
be received prior to the vessel leaving port. A change in status of a 
vessel cannot be made after the vessel leaves port or before it returns 
to port on any fishing trip.
    (4) DAS for vessels that are under the VTS notification requirements 
of this paragraph (b) are counted beginning with the first hourly 
location signal received showing that the vessel crossed the VTS 
Demarcation Line leaving port. A trip concludes and accrual of

[[Page 179]]

DAS ends with the first hourly location signal received showing that the 
vessel crossed the VTS Demarcation Line upon its return to port.
    (5) If the VTS is not available or not functional, and if authorized 
by the Regional Director, a vessel owner must provide the notifications 
required by paragraphs (b)(1), (2), and (3) of this section by using the 
call-in notification system described under paragraph (c) of this 
section, instead of using the VTS system.
    (c) Call-in notification. Owners of vessels issued limited access 
multispecies permits who are participating in a DAS program and who are 
not required to provide notification using a VTS, owners of scallop 
vessels qualifying for a DAS allocation under the occasional category 
and who have not elected to fish under the VTS notification requirements 
of paragraph (b) of this section, and vessels fishing pending an appeal 
as specified in Sec. 648.4(a)(1)(i)(H)(3) are subject to the following 
requirements:
    (1) Prior to the vessel leaving port, the vessel owner or authorized 
representative must notify the Regional Director that the vessel will be 
participating in the DAS program or the charter/party fishery by calling 
the Regional Director and providing the following information: Owner and 
caller name and phone number, vessel's name and permit number, type of 
trip to be taken, and that the vessel is beginning a trip. For NE 
multispecies vessels, the port of departure also must be specified. A 
DAS or a vessel's participation in the charter/party fishery begins once 
the call has been received and a confirmation number is given by the 
Regional Director.
    (2) The confirmation number given by the Regional Director must be 
kept on board for the duration of the trip and must be provided to an 
authorized officer upon request.
    (3) Upon the vessel's return to port, the vessel owner or owner's 
representative must call the Regional Director and notify him/her that 
the trip has ended by providing the following information: Owner and 
caller name and phone number, vessel's name and permit number, and that 
the vessel has ended a trip. For NE multispecies vessels, the port of 
landing also must be specified. A DAS ends for all but vessels fishing 
with gillnet gear when the call has been received and confirmation given 
by the Regional Director. For vessels fishing with gillnet gear, DAS 
continue to accrue as long as the vessel's gillnet gear remains in the 
water. A trip concludes and accrual of DAS ends for a gillnet vessel 
when the vessel returns to port with all of its gillnet gear that was in 
the water on board, the phone call has been received, and confirmation 
has been given by the Regional Director.
    (4) The Regional Director will furnish a phone number for DAS 
notification call-ins upon request.
    (5) Any vessel that possesses or lands per trip more than 400 lb 
(181.44 kg) of scallops, and any vessel issued a limited access 
multispecies permit subject to the DAS program and call-in requirement, 
that possesses or lands regulated species, except as provided in 
Sec. 648.83, shall be deemed in the DAS program for purposes of counting 
DAS, regardless of whether the vessel's owner or authorized 
representative provided adequate notification as required by paragraph 
(b) of this section.
    (d) Temporary authorization for use of the call-in system. The 
Regional Director may authorize or require, on a temporary basis, the 
use of the call-in system of notification specified in paragraph (c) of 
this section. If use of the call-in system is authorized or required, 
the Regional Director shall notify affected permit holders through a 
letter, notification in the Federal Register, or other appropriate 
means.
    (e) Charter/party multispecies vessels. Charter/party multispecies 
vessels that are not fishing under a multispecies DAS must declare into 
and out of the charter/party fishery, providing notification under 
paragraph (b) of this section, must remain in the charter/party fishery 
for a minimum of 24 hours after declaring into the fishery, and are 
subject to the restrictions in Sec. 648.89.
    (f) Scallop vessels fishing under exemptions. Vessels fishing under 
the exemptions provided by Sec. 648.54 (a) and/or (b) must notify the 
Regional Director by VTS notification or through call-in notification as 
follows:

[[Page 180]]

    (1) VTS notification. (i) Notify the Regional Director, via their 
VTS, prior to the vessel's first trip under the state waters exemption 
program, that the vessel will be fishing exclusively in state waters; 
and
    (ii) Notify the Regional Director, via their VTS, prior to the 
vessel's first planned trip in the EEZ, that the vessel is to resume 
fishing under the vessel's DAS allocation.
    (2) Call-in notification. (i) Notify the Regional Director by 
calling the Regional Director and providing the following information at 
least 7 days prior to fishing under the exemption: Owner and caller name 
and address, vessel name and permit number, and beginning and ending 
dates of the exemption period.
    (ii) Remain under the exemption for a minimum of 7 days.
    (iii) If, under the exemption for a minimum of 7 days and wishing to 
withdraw earlier than the designated end of the exemption period, notify 
the Regional Director of early withdrawal from the program by calling 
the Regional Director, providing the vessel's name and permit number and 
the name and phone number of the caller, and stating that the vessel is 
withdrawing from the exemption. The vessel may not leave port to fish in 
the EEZ until 48 hours after notification of early withdrawal is 
received by the Regional Director.
    (iv) The Regional Director will furnish a phone number for call-ins 
upon request.



Sec. 648.11  At-sea sea sampler/observer coverage.

    (a) The Regional Director may request any vessel holding a permit 
for sea scallop or NE multispecies; or a moratorium permit for summer 
flounder; or, as of January 1, 1997, a mackerel, squid, or butterfish, 
or scup permit to carry a NMFS-approved sea sampler/observer. If 
requested by the Regional Director to carry an observer or sea sampler, 
a vessel may not engage in any fishing operations in the respective 
fishery unless an observer or sea sampler is on board, or unless the 
requirement is waived.
    (b) If requested by the Regional Director to carry an observer or 
sea sampler, it is the responsibility of the vessel owner to arrange for 
and facilitate observer or sea sampler placement. Owners of vessels 
selected for sea sampler/observer coverage must notify the appropriate 
Regional or Science and Research Director, as specified by the Regional 
Director, before commencing any fishing trip that may result in the 
harvest of resources of the respective fishery. Notification procedures 
will be specified in selection letters to vessel owners.
    (c) The Regional Director may waive the requirement to carry a sea 
sampler or observer if the facilities on a vessel for housing the 
observer or sea sampler, or for carrying out observer or sea sampler 
functions, are so inadequate or unsafe that the health or safety of the 
observer or sea sampler, or the safe operation of the vessel, would be 
jeopardized.
    (d) An owner or operator of a vessel on which a NMFS-approved sea 
sampler/observer is embarked must:
    (1) Provide accommodations and food that are equivalent to those 
provided to the crew.
    (2) Allow the sea sampler/observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the sea sampler's/observer's duties.
    (3) Provide true vessel locations, by latitude and longitude or 
loran coordinates, as requested by the observer/sea sampler, and allow 
the sea sampler/observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position.
    (4) Notify the sea sampler/observer in a timely fashion of when 
fishing operations are to begin and end.
    (5) Allow for the embarking and debarking of the sea sampler/
observer, as specified by the Regional Director, ensuring that transfers 
of observers/sea samplers at sea are accomplished in a safe manner, via 
small boat or raft, during daylight hours as weather and sea conditions 
allow, and with the agreement of the sea samplers/ observers involved.
    (6) Allow the sea sampler/observer free and unobstructed access to 
the vessel's bridge, working decks, holding

[[Page 181]]

bins, weight scales, holds, and any other space used to hold, process, 
weigh, or store fish.
    (7) Allow the sea sampler/observer to inspect and copy any the 
vessel's log, communications log, and records associated with the catch 
and distribution of fish for that trip.
    (e) The owner or operator of a vessel issued a summer flounder or 
scup moratorium permit, if requested by the sea sampler/observer also 
must:
    (1) Notify the sea sampler/observer of any sea turtles, marine 
mammals, summer flounder or scup, or other specimens taken by the 
vessel.
    (2) Provide the sea sampler/observer with sea turtles, marine 
mammals, summer flounder or scup, or other specimens taken by the 
vessel.
    (3) Provide storage for biological specimens, including cold storage 
if available, and retain such specimens on board the vessel as 
instructed by the sea sampler/observer, until retrieved by authorized 
NMFS personnel.
    (f) NMFS may accept observer coverage funded by outside sources if:
    (1) All coverage conducted by such observers is determined by NMFS 
to be in compliance with NMFS' observer guidelines and procedures.
    (2) The owner or operator of the vessel complies with all other 
provisions of this part.
    (3) The observer is approved by the Regional Director.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996]



Sec. 648.12  Experimental fishing.

    The Regional Director may exempt any person or vessel from the 
requirements of subparts B (Atlantic mackerel, squid, and butterfish), D 
(sea scallop), E (surf clam and ocean quahog), F (NE multispecies), G 
(summer flounder), or H (scup), of this part for the conduct of 
experimental fishing beneficial to the management of the resources or 
fishery managed under that subpart. The Regional Director shall consult 
with the Executive Director of the MAFMC regarding such exemptions for 
the mackerel, squid, or butterfish, summer flounder and scup fisheries.
    (a) The Regional Director may not grant such an exemption unless he/
she determines that the purpose, design, and administration of the 
exemption is consistent with the objectives of the respective FMP, the 
provisions of the Magnuson Act, and other applicable law, and that 
granting the exemption will not:
    (1) Have a detrimental effect on the respective resources and 
fishery;
    (2) Cause any quota to be exceeded; or
    (3) Create significant enforcement problems.
    (b) Each vessel participating in any exempted experimental fishing 
activity is subject to all provisions of the respective FMP, except 
those necessarily relating to the purpose and nature of the exemption. 
The exemption will be specified in a letter issued by the Regional 
Director to each vessel participating in the exempted activity. This 
letter must be carried on board the vessel seeking the benefit of such 
exemption.
    (c) Experimental fishing for surf clams or ocean quahogs will not 
require an allocation permit.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996]



Sec. 648.13  Transfers at sea.

    (a) Only vessels issued a Loligo and butterfish moratorium permit 
under Sec. 648.4(a)(5) and vessels issued a mackerel, squid, and 
butterfish incidental catch permit and authorized in writing by the 
Regional Director to do so, may transfer or attempt to transfer Loligo 
or butterfish from one vessel to another vessel.
    (b) Vessels issued a multispecies permit under Sec. 648.4(a)(1) or a 
scallop permit under Sec. 648.4(a)(2) are prohibited from transferring 
or attempting to transfer any fish from one vessel to another vessel, 
except that vessels issued a multispecies permit under Sec. 648.4(a)(1) 
and specifically authorized in writing by the Regional Director to do 
so, may transfer species other than regulated species from one vessel to 
another vessel.
    (c) All persons are prohibited from transferring or attempting to 
transfer NE multispecies or scallops from one vessel to another vessel, 
except in accordance with paragraph (b) of this section.

[[Page 182]]



Sec. 648.14  Prohibitions.

    (a) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, it is unlawful for any person to do any of 
the following:
    (1) Fail to report to the Regional Director within 15 days any 
change in the information contained in an applicable vessel, operator, 
or dealer/processor permit application.
    (2) Falsify or fail to affix and maintain vessel markings as 
required by Sec. 648.8.
    (3) Make any false statement in connection with an application, 
declaration, or report under this part.
    (4) Fail to comply in an accurate and timely fashion with the log 
report, reporting, record retention, inspection, and other requirements 
of Sec. 648.7, or submit or maintain false information in records and 
reports required to be kept or filed under Sec. 648.7.
    (5) Alter, erase, or mutilate any permit issued under this part.
    (6) Alter, erase, mutilate, duplicate or cause to be duplicated, or 
steal any cage tag issued under this part.
    (7) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VTS, VTS 
unit, or VTS signal required to be installed on or transmitted by vessel 
owners or operators required to use a VTS by this part.
    (8) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with or bar by command, impediment, threat, or coercion either 
a NMFS-approved observer or sea sampler aboard a vessel conducting his 
or her duties aboard a vessel, or an authorized officer conducting any 
search, inspection, investigation, or seizure in connection with 
enforcement of this part.
    (9) Refuse to carry an observer or sea sampler if requested to do so 
by the Regional Director.
    (10) To refuse reasonable assistance to either a NMFS-approved 
observer or sea sampler conducting his or her duties aboard a vessel.
    (11) Fish for surf clams or ocean quahogs in any area closed to surf 
clam or ocean quahog fishing.
    (12) Fish for, take, catch, harvest or land any species of fish 
regulated by this part in or from the EEZ, unless the vessel has a valid 
and appropriate permit issued under this part and the permit is on board 
the vessel and has not been surrendered, revoked, or suspended.
    (13) Purchase, possess or receive for a commercial purpose or 
attempt to purchase possess or receive for a commercial purpose any 
species regulated under this part unless in possession of a valid dealer 
permit issued under this part, except that this prohibition does not 
apply to species that are purchased or received from a vessel not issued 
a permit under this part and fishing exclusively in state waters.
    (14) Produce, or cause to be produced, cage tags required under this 
part without written authorization from the Regional Director.
    (15) Tag a cage with a tag that has been rendered null and void or 
with a tag that has been previously used.
    (16) Tag a cage of surf clams with an ocean quahog cage tag or tag a 
cage of ocean quahogs with a surf clam cage tag.
    (17) Possess, import, export, transfer, land, have custody or 
control of any species of fish regulated pursuant to this part that do 
not meet the minimum size provisions in this part, unless such species 
were harvested exclusively within state waters by a vessel not issued a 
permit under this part or whose permit has been surrendered in 
accordance with applicable regulations.
    (18) Possess an empty cage to which a cage tag required by 
Sec. 648.75 is affixed or possess any cage that does not contain surf 
clams or ocean quahogs and to which a cage tag required by Sec. 648.75 
is affixed.
    (19) Land or possess, after offloading, any cage holding surf clams 
or ocean quahogs without a cage tag or tags required by Sec. 648.75, 
unless the person can demonstrate the inapplicability of the presumption 
set forth in Sec. 648.75(t)(1)(iii).
    (20) Sell null and void tags.
    (21) Shuck surf clams or ocean quahogs harvested in or from the EEZ 
at sea, unless permitted by the Regional Director under the terms of 
Sec. 648.74.
    (22) Receive for a commercial purpose other than transport, surf 
clams or ocean quahogs harvested in or from the EEZ, whether or not they 
are landed

[[Page 183]]

under an allocation under Sec. 648.70, unless issued a dealer/processor 
permit under this part.
    (23) Land unshucked surf clams or ocean quahogs harvested in or from 
the EEZ in containers other than cages from vessels capable of carrying 
cages.
    (24) Offload unshucked surf clams or ocean quahogs harvested in or 
from the EEZ from vessels not capable of carrying cages other than 
directly into cages.
    (25) Fish for surf clams or ocean quahogs in the EEZ without giving 
prior notification, or fail to comply with any of the notification 
requirements specified in Sec. 648.15(b).
    (26) Fish for, retain, or land both surf clams and ocean quahogs in 
or from the EEZ on the same trip.
    (27) Fish for, retain, or land ocean quahogs in or from the EEZ on a 
trip designated as a surf clam fishing trip under Sec. 648.15(b), or 
fish for, retain, or land surf clams in or from the EEZ on a trip 
designated as an ocean quahog fishing trip under Sec. 648.15(b).
    (28) Fail to offload any surf clams or ocean quahogs harvested in 
the EEZ from a trip discontinued pursuant to Sec. 648.15(b) prior to 
commencing fishing operations in waters under the jurisdiction of any 
state.
    (29) Land or possess any surf clams or ocean quahogs harvested in or 
from the EEZ in excess of, or without, an individual allocation.
    (30) Transfer any surf clams or ocean quahogs harvested in or from 
the EEZ to any person for a commercial purpose, other than transport, 
without a surf clam or ocean quahog processor or dealer permit.
    (31) Fish for, possess, or land NE multispecies, unless:
    (i) The NE multispecies are being fished for or were harvested in or 
from the EEZ by a vessel holding a valid multispecies permit under this 
part, or a letter under Sec. 648.4(a)(1), and the operator on board such 
vessel has been issued an operator's permit and has a valid permit on 
board the vessel;
    (ii) The NE multispecies were harvested by a vessel not issued a 
multispecies permit that fishes for NE multispecies exclusively in state 
waters; or
    (iii) The NE multispecies were harvested in or from the EEZ by a 
recreational fishing vessel.
    (32) Land, offload, remove, or otherwise transfer, or attempt to 
land, offload, remove or otherwise transfer multispecies from one vessel 
to another vessel, unless both vessels have not been issued multispecies 
permits and both fish exclusively in state waters, or unless authorized 
in writing by the Regional Director.
    (33) Sell, barter, trade, or otherwise transfer; or attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose any NE 
multispecies from a trip, unless the vessel is holding a multispecies 
permit, or a letter under Sec. 648.4(a)(1), and is not fishing under the 
charter/party vessel restrictions specified in Sec. 648.89, or unless 
the NE multispecies were harvested by a vessel without a multispecies 
permit that fishes for NE multispecies exclusively in state waters.
    (34) Operate or act as an operator of a vessel fishing for or 
possessing NE multispecies in or from the EEZ, or holding a multispecies 
permit without having been issued and possessing a valid operator's 
permit.
    (35) Fish with, use, or have on board within the area described in 
Sec. 648.80(a)(1), nets of mesh whose size is smaller than the minimum 
mesh size specified in Sec. 648.80(a)(2), except as provided in 
Sec. 648.80(a) (3) through (6), (a)(8), (a)(9), (d), (e) and (i), or 
unless the vessel has not been issued a multispecies permit and fishes 
for NE multispecies exclusively in state waters.
    (36) Fish with, use, or have available for immediate use within the 
area described in Sec. 648.80(b)(1), nets of mesh size smaller than the 
minimum size specified in Sec. 648.80(b)(2), except as provided in 
Sec. 648.80 (b)(3), (d), (e), and (i), or unless the vessel has not been 
issued a multispecies permit and fishes for multispecies exclusively in 
state waters.
    (37) Fish with, use, or have available for immediate use within the 
area described in Sec. 648.80(c)(1), nets of mesh size smaller than the 
minimum size specified in Sec. 648.80(c)(2), except as provided in 
Sec. 648.8 (c)(3), (d), (e), and (i), or unless the vessel has not been 
issued a multispecies permit and fishes for NE

[[Page 184]]

multispecies exclusively in state waters.
    (38) Enter or be in the area described in Sec. 648.81(a)(1) on a 
fishing vessel, except as provided in Sec. 648.81(a) (2) and (d).
    (39) Enter or be in the area described in Sec. 648.81(b)(1) on a 
fishing vessel, except as provided by Sec. 648.81(b)(2).
    (40) Enter or be in the area described in Sec. 648.81(c)(1), on a 
fishing vessel, except as provided in Sec. 648.81 (c)(2) and (d)(2).
    (41) Fail to comply with the gear-marking requirements of 
Sec. 648.84.
    (42) Fish within the areas described in Sec. 648.80(a)(4) with nets 
of mesh smaller than the minimum size specified in Sec. 648.80(a)(2), 
unless the vessel is issued and possesses on board an authorizing letter 
issued under Sec. 648.80(a)(4)(i).
    (43) Violate any of the provisions of Sec. 648.80(a)(4), (5), (8), 
or (9). A violation of any of these paragraphs is a separate violation.
    (44) Fish for, land, or possess NE multispecies harvested by means 
of pair trawling or with pair trawl gear, except under the provisions of 
Sec. 648.80(d), or unless the vessels that engaged in pair trawling have 
not been issued multispecies permits and fish for NE multispecies 
exclusively in state waters.
    (45) Fish for, harvest, possess, or land in or from the EEZ northern 
shrimp, unless such shrimp were fished for or harvested by a vessel 
meeting the requirements specified in Sec. 648.80(a)(3).
    (46) Violate any terms of a letter authorizing experimental fishing 
pursuant to Sec. 648.12 or fail to keep such letter on board the vessel 
during the period of the experiment.
    (47) Fish for the species specified in Sec. 648.80 (d) or (e) with a 
net of mesh size smaller than the applicable mesh size specified in 
Sec. 648.80(a) (2), (b)(2), or (c)(2), or possess or land such species, 
unless the vessel is in compliance with the requirements specified in 
Sec. 648.80 (d) or (e), or unless the vessel has not been issued a 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (48) Violate any provision of Sec. 648.88.
    (49) Violate any of the restrictions on fishing with scallop dredge 
gear specified in Sec. 648.80(h).
    (50) Violate any of the provisions of Sec. 648.80(i).
    (51) Obstruct or constrict a net as described in Sec. 648.80(g) (1) 
or (2).
    (52) Enter, be on a fishing vessel in, or fail to remove gear from 
the EEZ portion of the areas described in Sec. 648.81 (f)(1) through 
(h)(1) during the time period specified, except as provided in 
Sec. 648.81(d), (f)(2), (g)(2), and (h)(2).
    (53) Possess, land, or fish for regulated species, except winter 
flounder as provided for in accordance with Sec. 648.80(i) and from or 
within the areas described in Sec. 648.80(i), while in possession of 
scallop dredge gear on a vessel not fishing under the scallop DAS 
program as described in Sec. 648.53, or fishing under a general scallop 
permit, unless the vessel and the dredge gear conform with the stowage 
requirements of Sec. 648.51 (a)(2)(ii) and (e)(2), or unless the vessel 
has not been issued a multispecies permit and fishes for NE multispecies 
exclusively in state waters.
    (54) Possess or land fish caught with nets of mesh smaller than the 
minimum size specified in Sec. 648.51, or with scallop dredge gear on a 
vessel not fishing under the scallop DAS program described in 
Sec. 648.54 of this chapter, or fishing under a general scallop permit, 
unless said fish are caught, possessed or landed in accordance with 
Secs. 648.80 and 648.86, or unless the vessel has not been issued a 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (55) Purchase, possess, or receive as a dealer, or in the capacity 
of a dealer, regulated species in excess of the possession limit 
specified in Sec. 648.86 applicable to a vessel issued a multispecies 
permit.
    (56) Possess, or land per trip, scallops in excess of 40 lb (18.14 
kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, unless:
    (i) The scallops were harvested by a vessel that has been issued and 
carries on board a general or limited access scallop permit; or
    (ii) The scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (57) Fish for, possess, or land per trip, scallops in excess of 400 
lb (181.44 kg) of

[[Page 185]]

shucked, or 50 bu (176.2 L) of in-shell scallops, unless:
    (i) The scallops were harvested by a vessel that has been issued and 
carries on board a limited access scallop permit, or a letter under 
Sec. 648.4(b)(2)(viii)(F); or
    (ii) The scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (58) Fish for, possess, or land per trip, scallops in excess of 40 
lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, 
unless:
    (i) The scallops were harvested by a vessel with an operator on 
board who has been issued an operator's permit and the permit is on 
board the vessel and is valid; or
    (ii) The scallops were harvested by a vessel that has not been 
issued a scallop permit and fishes for scallops exclusively in state 
waters.
    (59) Have a shucking or sorting machine on board a vessel that 
shucks scallops at sea, while in possession of more than 400 lb (181.44 
kg) of shucked scallops, unless that vessel has not been issued a 
scallop permit and fishes exclusively in state waters.
    (60) Land, offload, remove, or otherwise transfer, or attempt to 
land, offload, remove or otherwise transfer, scallops from one vessel to 
another, unless that vessel has not been issued a scallop permit and 
fishes exclusively in state waters.
    (61) Sell, barter or trade, or otherwise transfer, or attempt to 
sell, barter or trade, or otherwise transfer, for a commercial purpose, 
any scallops from a trip whose catch is 40 lb (18.14 kg) of shucked 
scallops or less, or 5 bu (176.1 L) of in-shell scallops, unless the 
vessel has been issued a valid general or limited access scallop permit, 
or the scallops were harvested by a vessel that has not been issued a 
scallop permit and fishes for scallops exclusively in state waters.
    (62) Purchase, possess, or receive for a commercial purpose, or 
attempt to purchase, possess, or receive for a commercial purpose, in 
the capacity of a dealer, scallops taken from a fishing vessel that were 
harvested in or from the EEZ, unless issued, and in possession of, a 
valid scallop dealer's permit.
    (63) Purchase, possess, or receive for commercial purposes, or 
attempt to purchase or receive for commercial purposes, scallops caught 
by a vessel other than one issued a valid limited access or general 
scallop permit unless the scallops were harvested by a vessel that has 
not been issued a scallop permit and fishes for scallops exclusively in 
state waters.
    (64) Operate or act as an operator of a vessel fishing for or 
possessing any species of fish regulated by this part in or from the 
EEZ, or issued a permit pursuant to this part, without having been 
issued and possessing a valid operator's permit.
    (65) Possess in or harvest from the EEZ summer flounder, either in 
excess of the possession limit specified in Sec. 648.105, or before or 
after the time period specified in Sec. 648.102, unless the vessel was 
issued a summer flounder moratorium permit and the moratorium permit is 
on board the vessel and has not been surrendered, revoked, or suspended.
    (66) Possess nets or netting with mesh not meeting the minimum mesh 
requirement of Sec. 648.104 if the person possesses summer flounder 
harvested in or from the EEZ in excess of the threshold limit of 
Sec. 648.105(a).
    (67) Purchase or otherwise receive, except for transport, summer 
flounder from the owner or operator of a vessel issued a summer flounder 
moratorium permit, unless in possession of a valid summer flounder 
dealer permit.
    (68) Purchase or otherwise receive for commercial purposes summer 
flounder caught by other than a vessel with a summer flounder moratorium 
permit not subject to the possession limit of Sec. 648.105.
    (69) Purchase or otherwise receive for a commercial purpose summer 
flounder landed in a state after the effective date published in the 
Federal Register notifying permit holders that commercial quota is no 
longer available in that state.
    (70) Fail to comply with any sea turtle conservation measure 
specified in Sec. 648.106, including any sea turtle conservation measure 
implemented by notification in the Federal Register in accordance with 
Sec. 648.106(d).

[[Page 186]]

    (71) Use any vessel of the United States for taking, catching, 
harvesting, fishing for, or landing any Atlantic salmon taken from or in 
the EEZ.
    (72) Transfer, directly or indirectly, or attempt to transfer to any 
vessel any Atlantic salmon taken in or from the EEZ.
    (73) Take and retain, or land more mackerel, squid, and butterfish 
than specified under a notice issued under Sec. 648.22.
    (74) Possess nets or netting with mesh not meeting the minimum size 
requirement of Sec. 648.23 and not stowed in accordance with the 
requirements of Sec. 648.23, if in possession of Loligo harvested in or 
from the EEZ.
    (75) Transfer Loligo or butterfish within the EEZ, unless the 
vessels participating in the transfer have been issued valid Loligo and 
butterfish moratorium permits or valid letters of authorization from the 
Regional Director.
    (76) Purchase, possess or receive for a commercial purpose, or 
attempt to purchase, possess, or receive for a commercial purpose, in 
the capacity of a dealer, except for transport on land, mackerel, squid, 
and butterfish taken from a fishing vessel unless issued, and in 
possession of a valid mackerel, squid, and butterfish fishery dealer 
permit.
    (77) Purchase or otherwise receive for a commercial purpose, 
mackerel, squid, and butterfish caught by other than a vessel issued a 
mackerel, squid, and butterfish permit, unless the vessel has not been 
issued a permit under this part and fishes exclusively within the waters 
under the jurisdiction of any state.
    (78) [Reserved]
    (79) Violate any other provision of this part, the Magnuson Act, or 
any regulation, notice, or permit issued under the Magnuson Act.
    (80) Possess scup in or harvested from the EEZ north of 35 deg.15.3' 
N. lat. in an area closed, or before or after a season established 
pursuant to Sec. 648.122.
    (81) To purchase or otherwise receive for a commercial purpose scup 
harvested from the EEZ north of 35 deg.15.3' N. lat., or from a vessel 
issued a scup moratorium permit after the effective date of the 
notification published in the Federal Register stating that the 
commercial quota has been harvested.
    (82) Land scup harvested in or from the EEZ north of 35 deg.15.3' N. 
lat. after the effective date of the notification published in the 
Federal Register stating that the commercial quota has been harvested.
    (83) Possess scup harvested in or from the EEZ north of 35 deg.15.3' 
N. lat. that do not meet the minimum fish size specified in 
Sec. 648.124.
    (84) Fish for, catch, or retain scup in excess of 4,000 lb (1,814 
kg) in or from the EEZ north of 35 deg.15.3' N. lat. unless the vessel 
meets the gear restrictions in Sec. 648.123.
    (85) Fish for, catch, or retain scup in or from the EEZ north of 
35 deg.15.3' N. lat. for sale, barter, or trade, after January 1, 1997, 
unless the vessel has been issued a valid moratorium permit pursuant to 
Sec. 648.4(a)(6).
    (86) Sell or transfer scup harvested in or from the EEZ north of 
35 deg.15.3' N. lat. after January 1, 1998, unless the vessel has been 
issued a valid moratorium permit pursuant to Sec. 648.4(a)(6).
    (87) Fish for, catch, or retain scup in or from the EEZ north of 
35 deg.15.3' N. lat. on board a party or charter boat after January 1, 
1997, unless the vessel has been issued a valid party or charter boat 
permit pursuant to Sec. 648.4(a)(6)(ii).
    (88) Fish with or possess scup pots or traps in the EEZ north of 
35 deg.15.3' N. lat. that have a rectangular escape vent, any side of 
which is less than 2.25 inches (5.7 cm) in length.
    (b) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person owning or operating a vessel holding a 
multispecies permit, issued an operator's permit, or issued a letter 
under Sec. 648.4(a)(1)(i)(H)(3), to land, or possess on board a vessel, 
more than the possession limits specified in Sec. 648.86(a), or violate 
any of the other provisions of Sec. 648.86.
    (c) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) and (b) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a limited access multispecies permit or a letter under 
Sec. 648.4(a)(1)(i)(H)(3), to do any of the following:

[[Page 187]]

    (1) Fish for, possess at any time during a trip, or land per trip 
more than the possession limit of regulated species specified in 
Sec. 648.86(c) after using up the vessel's annual DAS allocation or when 
not participating under the DAS program pursuant to Sec. 648.82, unless 
otherwise exempted under Sec. 648.82(b)(3) or Sec. 648.89.
    (2) If required by Sec. 648.10 to have a VTS unit:
    (i) Fail to have a certified, operational, and functioning VTS unit 
that meets the specifications of Sec. 648.9 on board the vessel at all 
times.
    (ii) Fail to comply with the notification, replacement, or any other 
requirements regarding VTS usage as specified in Sec. 648.10(a).
    (3) Combine, transfer, or consolidate DAS allocations.
    (4) Fish for, possess, or land NE multispecies with or from a vessel 
that has had the horsepower of such vessel or its replacement upgraded 
or increased in excess of the limitations specified in 
Sec. 648.4(a)(1)(i) (E) and (F).
    (5) Fish for, possess, or land NE multispecies with or from a vessel 
that has had the length, GRT, or NT of such vessel or its replacement 
increased or upgraded in excess of limitations specified in 
Sec. 648.4(a)(1)(i) (E) and (F).
    (6) Fail to comply with any requirement specified in Sec. 648.10.
    (7) Possess or land per trip more than the possession limit 
specified under Sec. 648.8 if the vessel has been issued a limited 
access multispecies permit.
    (8) Fail to comply with the restrictions on fishing and gear 
specified in Sec. 648.82(b)(4), if the vessel has been issued a limited 
access multispecies hook-gear permit.
    (9) Fail to declare, and be, out of the NE multispecies fishery as 
required by Sec. 648.82(g), using the procedure described under 
Sec. 648.82(h), as applicable.
    (10) Land, or possess on board a vessel, more than the possession 
limit of winter flounder specified in Sec. 648.86(b), or violate any of 
the other provisions specified of Sec. 648.86(b).
    (d) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a), (b), and (c) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a multispecies handgear permit to do any of the following:
    (1) Possess, at any time during a trip, or land per trip, more than 
the possession limit of regulated species specified in Sec. 648.88(a), 
unless the regulated species were harvested by a charter or party 
vessel.
    (2) Use, or possess on board, gear capable of harvesting NE 
multispecies, other than rod and reel or handline, while in possession 
of, or fishing for, NE multispecies.
    (3) Possess or land NE multispecies during the time period specified 
in Sec. 648.86(a)(2).
    (e) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraphs (a) through (d) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a multispecies possession limit permit for scallops to possess or 
land more than the possession limit of regulated species specified at 
Sec. 648.88(c) or to possess or land regulated species when not fishing 
under a scallop DAS.
    (f) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person owning or operating a vessel issued a limited 
access scallop permit or a general scallop permit under Sec. 648.4(a)(2) 
to land, or possess at or after landing, in-shell scallops smaller than 
the minimum shell height specified in Sec. 648.50(a).
    (g) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and the prohibitions specified in 
paragraphs (a) through (f) of this section, it is unlawful for the owner 
or operator of a charter or party boat issued a multispecies permit, or 
of a recreational vessel, as applicable, to:
    (1) Fish with gear in violation of the restrictions specified in 
Sec. 648.89(a).
    (2) Possess cod and haddock in excess of the possession limits 
specified in Sec. 648.89(c).
    (3) Sell, trade, barter, or otherwise transfer, or attempt to sell, 
trade, barter or otherwise transfer, NE multispecies for a commercial 
purpose as specified in Sec. 648.89(d).
    (h) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) and (g) of this 
section, it is unlawful for any person

[[Page 188]]

owning or operating a vessel issued a limited access scallop permit 
under Sec. 648.4(a)(2) to do any of the following:
    (1) Possess, or land per trip, more than 400 lb (181.44 kg) of 
shucked, or 50 bu (176.2 L) of in-shell scallops after using up the 
vessel's annual DAS allocation or when not participating under the DAS 
program pursuant to Sec. 648.10, unless exempted from DAS allocations as 
provided in Sec. 648.54.
    (2) Land scallops on more than one trip per calendar day after using 
up the vessel's annual DAS allocation or when not participating under 
the DAS program pursuant to Sec. 648.10, unless exempted from DAS 
allocations as provided in Sec. 648.55.
    (3) Fail to have an approved, operational, and functioning VTS unit 
that meets the specifications of Sec. 648.9 on board the vessel at all 
times, unless the vessel is not subject to the VTS requirements 
specified in Sec. 648.10.
    (4) If the vessel is not subject to VTS requirements specified in 
Sec. 648.10(a), fail to comply with the requirements of the call-in 
system specified in Sec. 648.10(b).
    (5) Combine, transfer, or consolidate DAS allocations.
    (6) Have an ownership interest in more than 5 percent of the total 
number of vessels issued limited access scallop permits, except as 
provided in Sec. 648.4(a)(2)(i)(H).
    (7) Fish for, possess, or land scallops with or from a vessel that 
has had the horsepower of such vessel or its replacement upgraded or 
increased in excess of the limitations specified in Sec. 648.4(a)(2)(i) 
(E) or (F).
    (8) Fish for, possess, or land scallops with or from a vessel that 
has had the length, GRT, or NT of such vessel or its replacement 
increased or upgraded in excess of limitations specified in 
Sec. 648.4(a)(2)(i) (E) or (F).
    (9) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) 
of in-shell scallops or participate in the DAS allocation program, while 
in possession of trawl nets that have a maximum sweep exceeding 144 ft 
(43.9 m), as measured by the total length of the footrope that is 
directly attached to the webbing of the net, except as specified in 
Sec. 648.51(a)(2)(iii).
    (10) Fish under the DAS allocation program with, or have available 
for immediate use, trawl nets of mesh smaller than the minimum size 
specified in Sec. 648.51(a)(2).
    (11) Fish under the DAS allocation program with trawl nets that use 
chafing gear or other means or devices that do not meet the requirements 
of Sec. 648.51(a)(3).
    (12) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops or participate in the DAS allocation program, 
while in possession of dredge gear that has a maximum combined dredge 
width exceeding 31 ft (9.4 m), measured at the widest point in the bail 
of each dredge, except as specified in Sec. 648.51(b)(1).
    (13) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 
L) of in-shell scallops, or fish under the DAS allocation program, while 
in possession of dredge gear that uses net or net material on the top 
half of the dredge of a minimum mesh size smaller than that specified in 
Sec. 648.51(b)(2).
    (14) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 
L) of in-shell scallops, or fish under the DAS allocation program, while 
in possession of dredge gear containing rings that have minimum sizes 
smaller than those specified in Sec. 648.51(b)(3).
    (15) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops, or participate in the DAS allocation program, 
while in possession of dredge gear that uses links between rings of the 
gear or ring configurations that do not conform to the specifications 
described in Sec. 648.51(b)(4)(ii).
    (16) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 
L) of in-shell scallops, or participate in the DAS allocation program, 
while in possession of dredge gear that uses cookies or chafing gear, or 
other gear, means, or devices on the top half of a dredge that obstruct 
the openings in or between the rings, except as specified in 
Sec. 648.51(b)(4).
    (17) Participate in the DAS allocation program with more than the 
number of persons specified in Sec. 648.51(c), including the operator, 
on board when the vessel is not docked or moored in port, unless 
otherwise authorized by the Regional Director.

[[Page 189]]

    (18) Fish under the small dredge program specified in Sec.  
648.51(e), with, or while in possession of, a dredge that exceeds 10.5 
ft (3.2 m) in overall width, as measured at the widest point in the bail 
of the dredge.
    (19) Fish under the small dredge program as specified in 
Sec. 648.51(e) with more than five persons, including the operator, 
aboard the vessel, unless otherwise authorized by the Regional Director.
    (20) Have a shucking or sorting machine on board a vessel that 
shucks scallops at sea while fishing under the DAS allocation program, 
unless otherwise authorized by the Regional Director.
    (21) Refuse or fail to carry an observer if requested to do so by 
the Regional Director.
    (22) Fail to provide an observer with required food, accommodations, 
access, and assistance, as specified in Sec. 648.11.
    (23) Fail to comply with any requirement for declaring in and out of 
the DAS allocation program as specified in Sec. 648.10.
    (24) Fail to comply with any requirement for participating in the 
DAS Exemption Program as specified in Sec. 648.54.
    (25) Fish with, possess on board, or land scallops while in 
possession of trawl nets, when fishing for scallops under the DAS 
allocation program, unless exempted as provided for in Sec. 648.51(f).
    (26) Fail to comply with the restriction on twine top described in 
Sec. 648.51(b)(4)(iv).
    (i) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a), (f), and (g) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a general scallop permit to do any of the following:
    (1) Possess, or land per trip, more than 400 lb (181.44 kg) of 
shucked, or 50 bu (176.2 L) of in-shell scallops.
    (2) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) 
of in-shell scallops while in possession of, or fish for scallops with, 
dredge gear that has a maximum combined dredge width exceeding 31 ft 
(9.4 m), measured at the widest point in the bail of each dredge, except 
as specified in Sec. 648.51(b)(1).
    (3) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) 
of in-shell scallops while in possession of, or fish for scallops with, 
dredge gear that uses net or net material on the top half of the dredge 
of a minimum mesh size smaller than that specified in Sec. 648.51(b)(2).
    (4) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) 
of in-shell scallops while in possession of, or fish for scallops with, 
dredge gear containing rings that have minimum sizes smaller than those 
specified in Sec. 648.51(b)(3).
    (5) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) 
of in-shell scallops while in possession of, or fish for scallops with, 
dredge gear that uses links between rings of the gear or ring 
configurations that do not conform to the specifications described in 
Sec. 648.51(b)(4)(ii).
    (6) Possess more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) 
of in-shell scallops while in possession of, or fish for scallops with, 
dredge gear that uses cookies or chafing gear, or other gear, means, or 
devices on the top half of a dredge that obstruct the openings in or 
between the rings, except as specified in Sec. 648.51(b)(4).
    (7) Fish for, or land, more than 40 lb (18.14 kg) of scallops on 
more than one trip per calendar day.
    (j) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person owning or operating a vessel issued a summer 
flounder permit (including moratorium permit) to do any of the 
following:
    (1) Possess 100 lb or more (45.4 kg or more) of summer flounder 
between May 1 and October 31, or 200 lb or more (90.7 kg or more) of 
summer flounder between November 1 and April 30, unless the vessel meets 
the minimum mesh size requirement specified in Sec. 648.104(a), or is 
fishing in the exempted area with an exemption permit as specified in 
Sec. 648.104(b)(1), or holds an exemption permit and is in transit from 
the exemption area with nets properly stowed as specified in 
Sec. 648.104(f), or is fishing with exempted gear specified in 
Sec. 648.104(b)(2).
    (2) Possess summer flounder in other than a box specified in 
Sec. 648.105(d) if

[[Page 190]]

fishing with nets having mesh that does not meet the minimum mesh-size 
requirement specified in Sec. 648.104(a), unless the vessel is fishing 
pursuant to the exemptions specified in Sec. 648.104(b).
    (3) Land summer flounder for sale in a state after the effective 
date of the notification in the Federal Register notifying permit 
holders that commercial quota is no longer available in that state.
    (4) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement, or that are modified, obstructed or 
constricted, if subject to the minimum mesh requirement specified in 
Sec. 648.104, unless the nets or netting are stowed in accordance with 
Sec. 648.104(f).
    (5) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement, or that are modified, obstructed or 
constricted, if fishing with an exempted net described in Sec. 648.104, 
unless the nets or netting are stowed in accordance with 
Sec. 648.104(f).
    (6) Fish west or south, as appropriate, of the line specified in 
Sec. 648.104(b)(1) if exempted from the minimum mesh requirement 
specified in Sec. 648.104 by a summer flounder exemption permit.
    (7) Sell or transfer to another person for a commercial purpose, 
other than transport, any summer flounder, unless the transferee has a 
valid summer flounder dealer permit.
    (8) Carry passengers for hire, or carry more than three crew members 
for a charter boat or five crew members for a party boat, while fishing 
commercially pursuant to a summer flounder moratorium permit.
    (k) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person owning or operating a vessel issued a scup 
permit (including a moratorium permit) to do any of the following:
    (1) Possess scup in excess of the threshold amount specified in 
Sec. 648.123, unless the vessel meets the minimum mesh-size restrictions 
specified in Sec. 648.123.
    (2) Fail to keep scup separate from other species if fishing with 
nets having mesh that does not meet the minimum mesh-size restrictions 
specified in Sec. 648.123(a).
    (3) Land scup for sale after the effective date of the notification 
published in the Federal Register stating that the commercial quota has 
been harvested.
    (4) Possess nets or netting that do not meet the minimum mesh 
restrictions or that are modified, obstructed or constricted, if subject 
to the minimum mesh requirements specified in Sec. 648.123(a), unless 
the nets or netting are stowed in accordance with Sec. 648.23(b).
    (5) Fish with nets or netting that do not meet the minimum mesh 
restriction or that are modified, obstructed or constricted while in 
possession of scup in excess of the threshold amount specified in 
Sec. 648.123.
    (6) As of January 1, 1997, sell or transfer to another person for a 
commercial purpose, other than transport on land, any scup, unless the 
transferee has a dealer permit issued under Sec. 648.6.
    (7) Carry passengers for hire, or carry more than three crew members 
for a charter boat or five crew members for a party boat, while fishing 
for scup under the terms of a moratorium permit issued pursuant to 
Sec. 648.4(a)(6).
    (8) Use a scup pot or trap that does not have the hinges and 
fasteners made of degradable materials as specified in Sec. 648.123.
    (9) Use a scup trap or pot that does not have a minimum escape vent 
of the size specified in Sec. 648.123.
    (10) Use roller rig trawl gear equipped with rollers greater than 
the size specified in Sec. 648.123.
    (11) Possess scup in, or harvested from, the EEZ in an area closed, 
or before or after a season established pursuant to Sec. 648.122.
    (l) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for the owner or operator of a party or charter boat issued a 
scup permit (including a moratorium permit), when the boat is carrying 
passengers for hire or carrying more than three crew members if a 
charter boat or more than five members if a party boat, to:
    (1) Possess scup in excess of the possession limit established 
pursuant to Sec. 648.125.

[[Page 191]]

    (2) Fish for scup other than during a season established pursuant to 
Sec. 648.122.
    (3) Sell scup or transfer scup to another person for a commercial 
purpose.
    (4) Possess scup that do not meet the minimum fish size specified in 
Sec. 648.124(b).
    (m) It is unlawful for the owner and operator of a party or charter 
boat issued a summer flounder permit (including moratorium permit), when 
the boat is carrying passengers for hire or carrying more than three 
crew members if a charter boat or more than five members if a party 
boat, to:
    (1) Possess summer flounder in excess of the possession limit 
established pursuant to Sec. 648.105.
    (2) Fish for summer flounder other than during a season specified 
pursuant to Sec. 648.102.
    (3) Sell or transfer summer flounder to another person for a 
commercial purpose.
    (n) It is unlawful to violate any terms of a letter authorizing 
experimental fishing pursuant to Sec. 648.12 or to fail to keep such 
letter aboard the vessel during the time period of the experimental 
fishing.
    (o) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraph (a) of this section, it is 
unlawful for any person owning or operating a vessel issued a surf clam 
and ocean quahog permit or issued a surf clam and ocean quahog 
allocation permit under Sec. 648.70, to land or possess any surf clams 
or ocean quahogs in excess of, or without, an individual allocation, or 
to transfer any surf clams or ocean quahogs to any person for a 
commercial purpose other than transport, unless that person has a surf 
clam and ocean quahog processor/dealer permit.
    (p) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, it is unlawful for any person owning or 
operating a vessel issued a valid mackerel, squid, and butterfish 
fishery permit, or issued an operator's permit, to do any of the 
following:
    (1) Possess more than the incidental catch allowance of Loligo or 
butterfish, unless issued a Loligo squid and butterfish fishery 
moratorium permit.
    (2) Take, retain, or land mackerel, squid, or butterfish in excess 
of a trip allowance specified under Sec. 648.22.
    (3) Take, retain, or land mackerel, squid, or butterfish after a 
total closure specified under Sec. 648.22.
    (4) Fish with or possess nets or netting that do not meet the 
minimum mesh requirement for Loligo specified in Sec. 648.23(a), or that 
are modified, obstructed, or constricted, if subject to the minimum mesh 
requirement, unless the nets or netting are stowed in accordance with 
Sec. 648.23(b) or the vessel is fishing under an exemption specified in 
Sec. 648.23(a).
    (5) Transfer squid or butterfish at sea to another vessel, unless 
that other vessel has been issued a valid Loligo squid and butterfish 
fishery moratorium permit or a letter of authorization by the Regional 
Director.
    (6) Fail to comply with any measures implemented pursuant to 
Sec. 648.21.
    (7) Carry passengers for hire while fishing commercially under a 
mackerel, squid, and butterfish fishery permit.
    (8) Fail to carry on board a letter of authorization, if fishing in 
an experimental fishery pursuant to Sec. 648.12.
    (q) It is unlawful for the owner and operator of a party or charter 
boat issued a mackerel, squid, and butterfish fishery permit (including 
a moratorium permit), when the boat is carrying passengers for hire, to 
do any of the following:
    (1) Violate any recreational fishing measures established pursuant 
to Sec. 648.21(d).
    (2) Sell or transfer mackerel, squid, or butterfish to another 
person for a commercial purpose.
    (r) It is unlawful for any person to violate any terms of a letter 
authorizing experimental fishing pursuant to Sec. 648.11 or to fail to 
keep such letter on board the vessel during the period of the 
experiment.
    (s) Any person possessing or landing per trip, scallops in excess of 
40 lb (18.14 kg) of shucked, or 5 bu (176.1 L) of in-shell scallops, at 
or prior to the time when those scallops are received or possessed by a 
dealer, is subject to all of the scallop prohibitions specified in this 
section, unless the scallops were harvested by a vessel without a 
scallop

[[Page 192]]

permit that fishes for scallops exclusively in state waters. Any person, 
regardless of the quantity of scallops possessed or landed, is subject 
to the prohibitions of paragraphs (a)(4) through (7), (10), (11), (68), 
(69), (71), (72), (73), and (87) of this section.
    (t) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a) through (h) of this 
section, it is unlawful for any person owning or operating a vessel 
issued a nonregulated multispecies permit to possess or land any 
regulated species as defined in Sec. 648.2, or violate any applicable 
provisions of Sec. 648.88.
    (u) For purposes of this section, the following presumptions apply:
    (1) Surf clams and ocean quahogs. (i) Possession of surf clams or 
ocean quahogs on the deck of any fishing vessel in closed areas, or the 
presence of any part of a vessel's gear in the water in closed areas, or 
the presence of any part of a vessel's gear in the water more than 12 
hours after an announcement closing the entire fishery becomes 
effective, is prima facie evidence that such vessel was fishing in 
violation of the provisions of the Magnuson Act and these regulations.
    (ii) Surf clams or ocean quahogs landed from a trip for which 
notification was provided under Sec. 648.15(b) or Sec. 648.70(b) are 
deemed to have been harvested in the EEZ and count against the 
individual's annual allocation.
    (iii) Surf clams or ocean quahogs found in cages without a valid 
state tag are deemed to have been harvested in the EEZ, and to be part 
of an individual's allocation, unless such individual demonstrates that 
he/she has surrendered his/her surf clam and ocean quahog vessel permit 
issued under Sec. 648.4 and has conducted fishing operations exclusively 
within waters under the jurisdiction of any state. Surf clams and ocean 
quahogs in cages with a Federal tag or tags, issued and still valid 
pursuant to this section, affixed thereto are deemed to have been 
harvested by the individual allocation holder to whom the tags were 
issued or transferred under Sec. 648.70(d)(2) or Sec. 648.75(b).
    (2) Scallops. Scallops that are possessed or landed at or prior to 
the time when the scallops are received by a dealer, or scallops that 
are possessed by a dealer, are deemed to be harvested from the EEZ, 
unless the preponderance of all submitted evidence demonstrates that 
such scallops were harvested by a vessel without a scallop permit and 
fishing exclusively for scallops in state waters.
    (3) Summer flounder. All summer flounder possessed aboard a party or 
charter boat issued a summer flounder permit are deemed to have been 
harvested from the EEZ.
    (4) NE multispecies. (i) Regulated species possessed for sale that 
do not meet the minimum sizes specified in Sec. 648.83 for sale are 
deemed to have been taken or imported in violation of these regulations, 
unless the preponderance of all submitted evidence demonstrates that 
such fish were harvested by a vessel not issued a permit under this part 
and fishing exclusively within state waters. This presumption does not 
apply to fish being sorted on deck.
    (ii) Regulated species possessed for sale that do not meet the 
minimum sizes specified in Sec. 648.83 for sale are deemed taken from 
the EEZ or imported in violation of these regulations, unless the 
preponderance of all submitted evidence demonstrates that such fish were 
harvested by a vessel not issued a permit under this part and fishing 
exclusively within state waters. This presumption does not apply to fish 
being sorted on deck.
    (5) Mackerel, squid, and butterfish. All mackerel and butterfish 
possessed on board a party or charter boat issued a mackerel, squid, and 
butterfish fishery permit are deemed to have been harvested from the 
EEZ.
    (6) Scup. All scup possessed on board a party or charter boat issued 
a permit under Sec. 648.4 are deemed to have been harvested from the 
EEZ.

[61 FR 34968, July 3, 1996, as amended at 61 FR 39910, July 31, 1996; 61 
FR 43426, Aug. 23, 1996; 61 FR 53866, Oct. 16, 1996]



Sec. 648.15  Facilitation of enforcement.

    (a) General. See Sec. 600.504 of this chapter.
    (b) Special notification requirements applicable to surf clam and 
ocean quahog vessel owners and operators. (1) Vessel owners or operators 
are required to call the NMFS Office of Law Enforcement

[[Page 193]]

nearest to the point of offloading (contact the Regional Director for 
locations and phone numbers) and accurately provide the following 
information prior to the departure of their vessel from the dock to fish 
for surf clams or ocean quahogs in the EEZ: Name of the vessel; NMFS 
permit number assigned to the vessel; expected date and time of 
departure from port; whether the trip will be directed on surf clams or 
ocean quahogs; expected date, time, and location of landing; and name of 
the individual providing notice.
    (2) Owners or operators that have given notification of a fishing 
trip under this paragraph (b) who decide to cancel or postpone the trip 
prior to departure must immediately provide notice of cancellation by 
telephone to the Office of Law Enforcement to which the original 
notification was provided. A separate notification shall be provided for 
the next fishing trip. Owners or operators that discontinue a fishing 
trip in the EEZ must immediately provide notice of discontinuance by 
telephone to the Office of Law Enforcement to which the original 
notification was provided. The owner or operator providing notice of 
discontinuance shall advise of any changes in landing time or port of 
landing. The owner or operator discontinuing a fishing trip in the EEZ 
must return to port and offload any surf clams or ocean quahogs prior to 
commencing fishing operations in the waters under the jurisdiction of 
any state.
    (3) The vessel permits, the vessel, its gear, and catch shall be 
subject to inspection upon request by an authorized officer.



Sec. 648.16  Penalties.

    See Sec. 600.735.



  Subpart B--Management Measures for the Atlantic Mackerel, Squid, and 
                          Butterfish Fisheries



Sec. 648.20  Maximum optimum yield (OYs).

    The OYs specified pursuant to Sec. 648.21 during a fishing year may 
not exceed the following amounts:
    (a) Mackerel--that quantity of mackerel that is less than or equal 
to the allowable biological catch (ABC) in U.S. waters specified 
pursuant to Sec. 648.21.
    (b) Loligo--36,000 mt (79,362,000 lb).
    (c) Illex--30,000 mt (66,135,000 lb).
    (d) Butterfish--16,000 mt (35,272,000 lb).



Sec. 648.21  Procedures for determining initial annual amounts.

    (a) Initial recommended annual specifications. The Atlantic 
Mackerel, Squid, and Butterfish Monitoring Committee (Monitoring 
Committee) shall meet annually to develop and recommend the following 
specifications for consideration by the Mackerel, Squid, and Butterfish 
Committee of the MAFMC: (1) Initial OY (IOY), domestic annual harvest 
(DAH), and domestic annual processing (DAP) for the squids; (2) IOY, 
DAH, DAP, and bycatch level of the total allowable level of foreign 
fishing (TALFF), if any, for butterfish; and (3) IOY, DAH, DAP, joint 
venture processing (JVP), if any, and TALFF, if any, for mackerel. The 
Monitoring Committee may also recommend that certain ratios of TALFF, if 
any, for mackerel to purchases of domestic harvested fish and/or 
domestic processed fish be established in relation to the initial annual 
amounts.
    (b) Guidelines. As the basis for its recommendations under paragraph 
(a) of this section, the Monitoring Committee shall review available 
data pertaining to: Commercial and recreational landings, discards, 
current estimates of fishing mortality, stock status, the most recent 
estimates of recruitment, virtual population analysis results, levels of 
noncompliance by harvesters or individual states, impact of size/mesh 
regulations, results of a survey of domestic processors and joint 
venture operators of estimated mackerel processing capacity and intent 
to use that capacity, results of a survey of fishermen's trade 
associations of estimated mackerel harvesting capacity and intent to use 
that capacity, and any other relevant information. The specifications 
recommended pursuant to paragraph (a) of this section must be consistent 
with the following:
    (1) Squid. (i) The ABC for any fishing year must be either the 
maximum OY specified in Sec. 648.20, or a lower amount, if stock 
assessments indicate that the

[[Page 194]]

potential yield is less than the maximum OY.
    (ii) IOY is a modification of ABC based on social and economic 
factors.
    (2) Mackerel. (i) Mackerel ABC must be calculated from the formula 
ABC = S - C - T, where C is the estimated catch of mackerel in Canadian 
waters for the upcoming fishing year; S is the mackerel spawning stock 
size at the beginning of the year for which quotas are specified; and T, 
which must be equal to or greater than 900,000 mt (1,984,050,000 lb), is 
the spawning stock size that must be maintained in the year following 
the year for which quotas are specified.
    (ii) IOY is a modification of ABC, based on social and economic 
factors, and must be less than or equal to ABC.
    (iii) IOY is composed of DAH and TALFF. DAH, DAP, and JVP must be 
projected by reviewing data from sources specified in paragraph (a) of 
this section and other relevant data, including past domestic landings, 
projected amounts of mackerel necessary for domestic processing and for 
joint ventures during the fishing year, projected recreational landings, 
and other data pertinent for such a projection. The JVP component of DAH 
is the portion of DAH that domestic processors either cannot or will not 
use. In addition, IOY is based on the criteria set forth in the Magnuson 
Act, specifically section 201(e), and on the following economic factors:
    (A) Total world export potential by mackerel producing countries.
    (B) Total world import demand by mackerel consuming countries.
    (C) U.S. export potential based on expected U.S. harvests, expected 
U.S. consumption, relative prices, exchange rates, and foreign trade 
barriers.
    (D) Increased/decreased revenues to the United States from foreign 
fees.
    (E) Increased/decreased revenues to U.S. harvesters (with/without 
joint ventures).
    (F) Increased/decreased revenues to U.S. processors and exporters.
    (G) Increases/decreases in U.S. harvesting productivity due to 
decreases/increases in foreign harvest.
    (H) Increases/decreases in U.S. processing productivity.
    (I) Potential impact of increased/decreased TALFF on foreign 
purchases of U.S. products and services and U.S.-caught fish, changes in 
trade barriers, technology transfer, and other considerations.
    (3) Butterfish. (i) If the Monitoring Committee's review indicates 
that the stock cannot support a level of harvest equal to the maximum 
OY, the Monitoring Committee shall recommend establishing an ABC less 
than the maximum OY for the fishing year. This level represents the 
modification of maximum OY to reflect biological and ecological factors. 
If the stock is able to support a harvest level equivalent to the 
maximum OY, the ABC must be set at that level.
    (ii) IOY is a modification of ABC based on social and economic 
factors. The IOY is composed of a DAH and bycatch TALFF that is equal to 
0.08 percent of the allocated portion of the mackerel TALFF.
    (c) Recommended measures. Based on the review of the data described 
in paragraph (a) of this section, the Monitoring Committee will 
recommend to the Squid, Mackerel, and Butterfish Committee the measures 
it determines are necessary to assure that the specifications are not 
exceeded from the following measures:
    (1) Commercial quotas.
    (2) The amount of Loligo and butterfish that may be retained, 
possessed and landed by vessels issued the incidental catch permit 
specified in Sec. 648.4(a)(5).
    (3) Commercial minimum fish sizes.
    (4) Commercial trip limits.
    (5) Commercial seasonal quotas.
    (6) Minimum mesh sizes.
    (7) Commercial gear restrictions.
    (8) Recreational harvest limit.
    (9) Recreational minimum fish size.
    (10) Recreational possession limits.
    (11) Recreational season.
    (d) Annual fishing measures. (1) The Squid, Mackerel, and Butterfish 
Committee shall review the recommendations of the Monitoring Committee. 
Based on these recommendations and any public comment received thereon, 
the Squid, Mackerel, and Butterfish Committee shall recommend to the 
MAFMC appropriate specifications and any measures necessary to assure 
that

[[Page 195]]

the specifications will not be exceeded. The MAFMC shall review these 
recommendations and based on the recommendations and any public comment 
received thereon, the MAFMC shall recommend to the Regional Director 
appropriate specifications and any measures necessary to assure that the 
specifications will not be exceeded. The MAFMC's recommendations must 
include supporting documentation, as appropriate, concerning the 
environmental, economic, and social impacts of the recommendations. The 
Regional Director shall review the recommendations, and on or about 
November 1 of each year, shall publish notification in the Federal 
Register proposing specifications and any measures necessary to assure 
that the specifications will not be exceeded and providing a 30-day 
public comment period. If the proposed specifications differ from those 
recommended by the MAFMC, the reasons for any differences shall be 
clearly stated and the revised specifications must satisfy the criteria 
set forth in this section. The MAFMC's recommendations shall be 
available for inspection at the office of the Regional Director during 
the public comment period.
    (2) On or about December 15 of each year, the Assistant 
Administrator will make a final determination concerning the 
specifications for each species and any measures necessary to assure 
that the specifications will not be exceeded contained in the Federal 
Register notification. After the Assistant Administrator considers all 
relevant data and any public comments, notification of the final 
specifications and any measures necessary to assure that the 
specifications will not be exceeded and responses to the public comments 
will be published in the Federal Register. If the final specification 
amounts differ from those recommended by the MAFMC, the reason(s) for 
the difference(s) must be clearly stated and the revised specifications 
must be consistent with the criteria set forth in paragraph (b) of this 
section.
    (e) Inseason adjustments. The specifications established pursuant to 
this section may be adjusted by the Regional Director, in consultation 
with the MAFMC, during the fishing year by publishing notification in 
the Federal Register stating the reasons for such an action and 
providing a 30-day comment public comment period.



Sec. 648.22  Closure of the fishery.

    (a) General. The Assistant Administrator shall close the directed 
mackerel or Loligo or Illex squid or butterfish fishery in the EEZ when 
U.S. fishermen have harvested 80 percent of the DAH, of that fishery if 
such closure is necessary to prevent the DAH from being exceeded. The 
closure shall remain in effect for the remainder of the fishing year, 
with incidental catches allowed as specified in paragraph (c) of this 
section, until the entire DAH is attained. When the Regional Director 
projects that DAH will be attained for any of the species, the Assistant 
Administrator shall close the fishery in the EEZ to all fishing for that 
species, and the incidental catches specified in paragraph (c) of this 
section will be prohibited.
    (b) Notification. Upon determining that a closure is necessary, the 
Assistant Administrator will notify, in advance of the closure, the 
Executive Directors of the MAFMC, NEFMC, and SAFMC; mail notification of 
the closure to all holders of mackerel, squid, and butterfish fishery 
permits at least 72 hours before the effective date of the closure; 
provide adequate notice of the closure to recreational participants in 
the fishery; and publish notification of closure in the Federal 
Register.
    (c) Incidental catches. During the closure of a directed fishery, 
the trip limit for the species for which the fishery is closed is 10 
percent, by weight, of the total amount of fish on board for a vessel 
with a Loligo/butterfish moratorium permit or Illex or a mackerel 
commercial permit. During a period of closure of the directed fishery 
for Loligo or butterfish, the trip limit for a vessel with an incidental 
catch permit for those species is 10 percent, by weight, of the total 
amount of fish on board, or the allowed level of incidental catch 
specified in Sec. 648.4(e)(2), whichever is less.

[[Page 196]]



Sec. 648.23  Gear restrictions.

    (a) Mesh restrictions and exemptions. Owners or operators of otter 
trawl vessels possessing Loligo harvested in or from the EEZ may only 
fish with nets having a minimum mesh size of 1\7/8\ inches (48 mm) 
diamond mesh, inside stretch measure, applied throughout the entire net, 
unless they are fishing during the months of June, July, August, and 
September for Illex seaward of the following coordinates (copies of a 
map depicting this area are available from the Regional Director upon 
request):

------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
M1............................................  43 deg.58.0             
                                                          '  67 deg.22.0
                                                                       '
M2............................................  43 deg.50.0             
                                                          '  68 deg.35.0
                                                                       '
M3............................................  43 deg.30.0             
                                                          '  69 deg.40.0
                                                                       '
M4............................................  43 deg.20.0             
                                                          '  70 deg.00.0
                                                                       '
M5............................................  42 deg.45.0             
                                                          '  70 deg.10.0
                                                                       '
M6............................................  42 deg.13.0             
                                                          '  69 deg.55.0
                                                                       '
M7............................................  41 deg.00.0             
                                                          '  69 deg.00.0
                                                                       '
M8............................................  41 deg.45.0             
                                                          '  68 deg.15.0
                                                                       '
M9............................................  42 deg.10.0             
                                                          '  67 deg.10.0
                                                                       '
M10...........................................  41 deg.18.6             
                                                          '  66 deg.24.8
                                                                       '
M11...........................................  40 deg.55.5             
                                                          '  66 deg.38.0
                                                                       '
M12...........................................  40 deg.45.5             
                                                          '  68 deg.00.0
                                                                       '
M13...........................................  40 deg.37.0             
                                                          '  68 deg.00.0
                                                                       '
M14...........................................  40 deg.30.0             
                                                          '  69 deg.00.0
                                                                       '
M15...........................................  40 deg.22.7             
                                                          '  69 deg.00.0
                                                                       '
M16...........................................  40 deg.18.7             
                                                          '  69 deg.40.0
                                                                       '
M17...........................................  40 deg.21.0             
                                                          '  71 deg.03.0
                                                                       '
M18...........................................  39 deg.41.0             
                                                          '  72 deg.32.0
                                                                       '
M19...........................................  38 deg.47.0             
                                                          '  73 deg.11.0
                                                                       '
M20...........................................  38 deg.04.0             
                                                          '  74 deg.06.0
                                                                       '
M21...........................................  37 deg.08.0             
                                                          '  74 deg.46.0
                                                                       '
M22...........................................  36 deg.00.0             
                                                          '  74 deg.52.0
                                                                       '
M23...........................................  35 deg.45.0             
                                                          '  74 deg.53.0
                                                                       '
M24...........................................  35 deg.28.0             
                                                          '  74 deg.52.0
                                                                       '
------------------------------------------------------------------------

    Vessels fishing under this exemption may not have available for 
immediate use, as defined in paragraph (b) of this section, any net, or 
any piece of net, with a mesh size less than 1\7/8\ inches (48 mm) 
diamond mesh or any net, or any piece of net, with mesh that is rigged 
in a manner that is inconsistent with such minimum mesh size, when the 
vessel is landward of the specified coordinates.
    (b) Definition of ``not available for immediate use.'' A net that 
can be shown not to have been in recent use and that is stowed in 
conformance with one of the following methods is considered to be not 
available for immediate use:
    (1) Below deck stowage. (i) It is stored below the main working deck 
from which it is deployed and retrieved;
    (ii) The towing wires, including the leg wires, are detached from 
the net; and
    (iii) It is fan-folded (flaked) and bound around its circumference.
    (2) On-deck stowage. (i) It is fan-folded (flaked) and bound around 
its circumference;
    (ii) It is securely fastened to the deck or rail of the vessel; and
    (iii) The towing wires, including the leg wires, are detached from 
the net.
    (3) On-reel stowage. (i) It is on a reel and it's entire surface is 
covered with canvas or other similar material that is securely bound;
    (ii) The towing wires, including the leg wires, are detached from 
the net; and
    (iii) The codend is removed and stored below deck.
    (4) Other methods of stowage. Any other method of stowage authorized 
in writing by the Regional Director and published in the Federal 
Register.
    (c) Mesh obstruction or constriction. The owner or operator of a 
fishing vessel shall not use any combination of mesh or liners that 
effectively decreases the mesh size below the minimum mesh size, except 
that a liner may be used to close the opening created by the rings in 
the rearmost portion of the net, provided the liner extends no more than 
10 meshes forward of the rearmost portion of the net.
    (d) Net obstruction or constriction. The owner or operator of a 
fishing vessel shall not use any device, gear, or material, including, 
but not limited to, nets, net strengtheners, ropes, lines, or chafing 
gear, on the top of the regulated portion of a trawl net that results in 
an effective mesh opening of less than 1\7/8\ inches (48 mm) diamond 
mesh, inside stretch measure. Net strengtheners (covers), splitting 
straps and/or bull ropes or wire may be used, provided they do not 
constrict the top of the regulated portion of the net to less than an 
effective mesh opening of 1\7/8\ inches (48 mm), diamond mesh, inside 
stretch measure. Net strengtheners (covers) may not have an effective 
mesh opening of less than 4.5 inches (11.43 cm), diamond mesh, inside 
stretch measure. ``Top of the regulated portion of the net'' means the 
50 percent of the entire regulated portion of

[[Page 197]]

the net that (in a hypothetical situation) would not be in contact with 
the ocean bottom during a tow if the regulated portion of the net were 
laid flat on the ocean floor. For the purpose of this paragraph (d), 
head ropes are not to be considered part of the top of the regulated 
portion of a trawl net.



           Subpart C--Management Measures for Atlantic Salmon



Sec. 648.40  Prohibition on possession.

    (a) Incidental catch. All Atlantic salmon caught incidental to a 
directed fishery for other species in the EEZ must be released in such a 
manner as to insure maximum probability of survival.
    (b) Presumption. The possession of Atlantic salmon is prima facie 
evidence that such Atlantic salmon were taken in violation of this 
regulation. Evidence that such fish were harvested in state waters, or 
from foreign waters, or from aquaculture enterprises, will be sufficient 
to rebut the presumption. This presumption does not apply to fish being 
sorted on deck.



   Subpart D--Management Measures for the Atlantic Sea Scallop Fishery



Sec. 648.50  Shell-height standard.

    (a) Minimum shell height. The minimum shell height for in-shell 
scallops that may be landed, or possessed at or after landing, is 3.5 
inches (89 mm). Shell height is a straight line measurement from the 
hinge to the outermost part of the shell, that is, the edge farthest 
away from the hinge.
    (b) Compliance and sampling. Compliance with the minimum shell-
height standard will be determined by inspection and enforcement at or 
after landing, including the time when the scallops are received or 
possessed by a dealer or person acting in the capacity of a dealer as 
follows: An authorized officer will take samples of 40 scallops each, at 
random, from the total amount of scallops in possession. The person in 
possession of the scallops may request that as many as 10 samples (400 
scallops) be examined as a sample group. A sample group fails to comply 
with the standard if more than 10 percent of all scallops sampled are 
less than the shell height specified. The total amount of scallops in 
possession will be deemed in violation of this subpart and subject to 
forfeiture, if the sample group fails to comply with the standard. All 
scallops will be subject to inspection and enforcement, in accordance 
with these compliance and sampling procedures, up to and including the 
time when a dealer receives or possesses scallops for a commercial 
purpose.



Sec. 648.51  Gear and crew restrictions.

    (a) Trawl vessel gear restrictions. Trawl vessels in possession of 
more than 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell 
scallops, trawl vessels fishing for scallops, and trawl vessels issued a 
limited access scallop permit under Sec. 648.4(a)(2), while fishing 
under or subject to the DAS allocation program for scallops and 
authorized to fish with or possess on board trawl nets pursuant to 
Sec. 648.51(f), must comply with the following:
    (1) Maximum sweep. The trawl sweep of nets in use by or available 
for immediate use, as specified in paragraph (a)(2)(iii) of this 
section, shall not exceed 144 ft (43.9 m) as measured by the total 
length of the footrope that is directly attached to the webbing of the 
net.
    (2) Net requirements--(i) Minimum mesh size. The mesh size for any 
scallop trawl net in all areas shall not be smaller than 5.5 inches 
(13.97 cm).
    (ii) Mesh stowage. Same as Sec. 648.23(b).
    (iii) Measurement of mesh size. Mesh size is measured by using a 
wedge-shaped gauge having a taper of 2 cm in 8 cm and a thickness of 2.3 
mm, inserted into the meshes under a pressure or pull of 5 kg. The mesh 
size is the average of the measurements of any series of 20 consecutive 
meshes for nets having 75 or more meshes, and 10 consecutive meshes for 
nets having fewer than 75 meshes. The mesh in the regulated portion of 
the net will be measured at least five meshes away from the lacings 
running parallel to the long axis of the net.
    (3) Chafing gear and other gear obstructions--(i) Net obstruction or 
constriction. A fishing vessel may not use any device

[[Page 198]]

or material, including, but not limited to, nets, net strengtheners, 
ropes, lines, or chafing gear, on the top of a trawl net, except that 
one splitting strap and one bull rope (if present), consisting of line 
and rope no more than 3 inches (7.62 cm) in diameter, may be used if 
such splitting strap and/or bull rope does not constrict in any manner 
the top of the trawl net. ``The top of the trawl net'' means the 50 
percent of the net that (in a hypothetical situation) would not be in 
contact with the ocean bottom during a tow if the net were laid flat on 
the ocean floor. For the purpose of this paragraph (a)(3), head ropes 
shall not be considered part of the top of the trawl net.
    (ii) Mesh obstruction or constriction. A fishing vessel may not use 
any mesh configuration, mesh construction, or other means on or in the 
top of the net, as defined in paragraph (a)(3)(i) of this section, if it 
obstructs the meshes of the net in any manner.
    (iii) A fishing vessel may not use or possess a net capable of 
catching scallops in which the bars entering or exiting the knots twist 
around each other.
    (b) Dredge vessel gear restrictions. All dredge vessels fishing for 
or in possession of more than 40 lb (18.14 kg) of shucked, or 5 bu 
(176.2 L) of in-shell scallops, and all dredge vessels issued a limited 
access scallop permit and fishing under the DAS Program, with the 
exception of hydraulic clam dredges and mahogany quahog dredges in 
possession of 400 lb (181.44 kg) of scallops, or less, must comply with 
the following restrictions:
    (1) Maximum dredge width. The combined dredge width in use by or in 
possession on board such vessels shall not exceed 31 ft (9.4 m) measured 
at the widest point in the bail of the dredge, except as provided under 
paragraph (e) of this section. However, component parts may be on board 
the vessel such that they do not conform with the definition of ``dredge 
or dredge gear'' in Sec. 648.2, i.e., the metal ring bag and the mouth 
frame, or bail, of the dredge are not attached, and such that no more 
than one complete spare dredge could be made from these components 
parts.
    (2) Minimum mesh size. (i) The mesh size of net material on the top 
of a scallop dredge in use by or in possession of such vessels shall not 
be smaller than 5.5 inches (13.97 cm).
    (ii) Mesh size is measured as provided in paragraph (a)(2)(iii) of 
this section.
    (3) Minimum ring size. (i) The inside ring size of a scallop dredge 
in use by or in possession of such vessels shall not be smaller than 3.5 
inches (89 mm).
    (ii) Ring size is determined by measuring the shortest straight line 
passing through the center of the ring from one inside edge to the 
opposite inside edge of the ring. The measurement shall not include 
normal welds from ring manufacturing or links. The rings to be measured 
will be at least five rings away from the mouth, and at least two rings 
away from other rigid portions of the dredge.
    (4) Chafing gear and other gear obstructions--(i) Chafing gear 
restrictions. No chafing gear or cookies shall be used on the top of a 
scallop dredge.
    (ii) Link restrictions. No more than double links between rings 
shall be used in or on all parts of the dredge bag, except the dredge 
bottom. No more than triple linking shall be used in or on the dredge 
bottom portion and the diamonds. Damaged links that are connected to 
only one ring, i.e., ``hangers,'' are allowed, unless they occur between 
two links that both couple the same two rings. Dredge rings may not be 
attached via links to more than four adjacent rings. Thus, dredge rings 
must be rigged in a configuration such that, when a series of adjacent 
rings are held horizontally, the neighboring rings form a pattern of 
horizontal rows and vertical columns. (A copy of a diagram showing a 
schematic of a legal dredge ring pattern is available upon request to 
the Office of the Regional Director).
    (iii) Dredge or net obstructions. No material, device, net, dredge, 
ring, or link configuration or design shall be used if it results in 
obstructing the release of scallops that would have passed through a 
legal sized and configured net and dredge, as described in this part, 
that did not have in use any such material, device, net, dredge, ring 
link configuration or design.
    (iv) Twine top restrictions. Vessels issued limited access scallop 
permits that are fishing for scallops under the

[[Page 199]]

DAS Program are also subject to the following restrictions:
    (A) If a vessel is rigged with more than one dredge, or if rigged 
with only one dredge, such dredge is greater than 8 ft (2.44 m) in 
width, there must be at least seven rows of non-overlapping steel rings 
unobstructed by netting or any other material, between the terminus of 
the dredge (club stick) and the net material on the top of the dredge 
(twine top).
    (B) For vessels rigged with only one dredge, and such dredge is less 
than 8 ft (2.44 m) in width, there must be at least four rows of non-
overlapping steel rings unobstructed by netting or any other material 
between the club stick and the twine top of the dredge. (A copy of a 
diagram showing a schematic of a legal dredge with twine top is 
available from the Regional Director upon request).
    (c) Crew restrictions. Limited access vessels participating in or 
subject to the scallop DAS allocation program may have no more than 
seven people aboard, including the operator, when not docked or moored 
in port, unless participating in the small dredge program specified in 
paragraph (e) of this section, or otherwise authorized by the Regional 
Director.
    (d) Sorting and shucking machines. (1) Shucking machines are 
prohibited on all limited access vessels fishing under the scallop DAS 
program or any vessel in possession of more than 400 lb (181.44 kg) of 
scallops, unless the vessel has not been issued a limited access scallop 
permit and fishes exclusively in state waters.
    (2) Sorting machines are prohibited on limited access vessels 
fishing under the scallop DAS program that shuck scallops at sea.
    (e) Small dredge program restrictions. Any vessel owner whose vessel 
is assigned to either the part-time or occasional category may request, 
in the application for the vessel's annual permit, to be placed in one 
category higher. Vessel owners making such a request will be placed in 
the appropriate category for the entire year, if they agree to comply 
with the following restrictions, in addition to and notwithstanding 
other restrictions of this part, when fishing under the DAS program 
described in Sec. 648.53, or in possession of more than 400 lb (181.44 
kg) of shucked, or 50 bu (176.2 L) of in-shell scallops:
    (1) The vessel must fish exclusively with one dredge no more than 
10.5 ft (3.2 m) in width.
    (2) The vessel may not have more than one dredge on board or in use.
    (3) The vessel may have no more than five people, including the 
operator, on board.
    (f) Restrictions on use of trawl nets--(1) Prohibition on use of 
trawl nets. A vessel issued a limited access scallop permit fishing for 
scallops under the scallop DAS allocation program may not fish with, 
possess on board, or land scallops while in possession of, trawl nets 
unless such vessel has on board a valid letter of authorization or 
permit endorsed to fish for scallops with trawl nets.
    (2) Eligibility to use trawl nets. (i) A vessel is eligible for a 
letter of authorization or a permit endorsement to fish for scallops 
with trawl nets if the vessel:
    (A) Has not fished for scallops with a scallop dredge after December 
31, 1987, and, as of July 19, 1996, has a letter of authorization or 
permit endorsed to fish for scallops with trawl nets;
    (B) Has fished for scallops with a scallop dredge on no more than 10 
trips from January 1, 1988, through December 31, 1994, has an engine 
horsepower no greater than 450, and is eligible for or has been issued a 
1996 limited access scallop permit (if the vessel does not obtain a 
letter of authorization or a permit endorsed to fish for scallops with 
trawl nets for the 1996-97 scallop fishing year, the vessel shall not be 
eligible under this provision for subsequent fishing years); or
    (C) Is a replacement vessel for a vessel described in paragraph 
(f)(2)(i)(A) or (B) of this section.
    (ii) NMFS will contact the owners of all vessels with limited access 
scallop permits that have not previously been issued a letter of 
authorization or permit endorsed to fish for scallops with trawl nets as 
to whether, based on information available to NMFS on July 19, 1996, 
their vessels are eligible under paragraph (f)(2)(i)(B) of this section 
for a letter of authorization or permit endorsed to fish for scallops 
with trawl

[[Page 200]]

nets. If a vessel owner agrees with NMFS' determination that the vessel 
is eligible under paragraph (f)(2)(i)(B) of this section to fish for 
scallops with trawl nets, the owner must, within 30 days of receipt of 
the determination, sign and submit to NMFS a declaration, provided by 
NMFS, stating that the vessel has fished for scallops with a scallop 
dredge on no more than 10 trips from January 1, 1988, through December 
31, 1994, and has an engine with no greater than 450 horsepower. The 
signed declaration shall serve as a rebuttable presumption that the 
vessel qualifies for a letter of authorization or permit endorsement to 
fish for scallops with trawl nets. Any replacement vessel must meet the 
limitations on fishing for scallops with scallop dredges that the vessel 
it is replacing met. The letter of authorization or permit endorsement 
must be requested by the vessel owner at the time the vessel owner 
initially applies for a permit for the replacement vessel.

[61 FR 34968, July 3, 1996, as amended at 61 FR 38405, July 24, 1996]



Sec. 648.52  Possession restrictions.

    (a) Owners or operators of vessels with a limited access scallop 
permit that have declared out of the DAS program as specified in 
Sec. 648.10, or have used up their DAS allocations and vessels 
possessing a general scallop permit, unless exempted under the state 
waters exemption program described under Sec. 648.54, are prohibited 
from possessing or landing per trip more than 400 lb (181.44 kg) of 
shucked, or 50 bu (176.2 L) of in-shell scallops, with not more than one 
scallop trip allowable in any calendar day.
    (b) Owners or operators of vessels without a scallop permit, except 
vessels fishing for scallops exclusively in state waters, are prohibited 
from possessing or landing per trip, more than 40 lb (18.14 kg) of 
shucked, or 5 bu (176.2 L) of in-shell scallops. Owners or operators of 
vessels without a scallop permit are prohibited from selling, bartering, 
or trading scallops harvested from Federal waters.



Sec. 648.53  DAS allocations.

    (a) Assignment to DAS categories. For each fishing year, each vessel 
issued a limited access scallop permit shall be assigned to the DAS 
category (full-time, part-time, or occasional) it was assigned in the 
preceding fishing year. Limited access scallop permits will indicate 
which category the vessel is assigned to. Vessels are prohibited from 
fishing for, landing per trip, or possessing more than 400 lb (181.44 
kg) of shucked, or 50 bu (176.2 L) of in-shell scallops once their 
allocated number of DAS, as specified under paragraph (b) of this 
section, are used up.
    (b) DAS allocations. Each vessel qualifying for one of the three 
categories specified in paragraph (a) of this section shall be 
allocated, annually, the maximum number of DAS it may participate in the 
limited access scallop fishery, according to its category. A vessel 
whose owner/operator has declared it out of the scallop fishery pursuant 
to the provisions of Sec. 648.10, or has used up its allocated DAS, may 
leave port without being assessed a DAS, so long as it does not possess 
or land more than 400 lb (181.44 kg) of shucked, or 50 bu (176.2 L) of 
in-shell scallops, and complies with the other requirements of this 
part. The annual allocations of DAS for each category of vessel for the 
fishing years indicated are as follows:

----------------------------------------------------------------------------------------------------------------
                                                              1995-96 and               1998-99 and             
                        DAS category                             1996-97     1997-98      1999-2000     2000+   
----------------------------------------------------------------------------------------------------------------
Full-time...................................................          182          164          142          120
Part-time...................................................           82           66           57           48
Occasional..................................................           16           14           12           10
----------------------------------------------------------------------------------------------------------------

    (c) Adjustments in annual DAS allocations. Adjustments or changes in 
annual DAS allocations, if required to meet fishing mortality reduction 
goals, may be made following a reappraisal and analysis under the 
framework provisions specified in Sec. 648.55.

[[Page 201]]

    (d) End-of-year carry-over. Limited access vessels with unused DAS 
on the last day of February of any year may carry over a maximum of 10 
DAS into the next year. At no time may more than 10 DAS be carried over.
    (e) Accrual of DAS. DAS shall accrue in hourly increments, with all 
partial hours counted as full hours.
    (f) Good Samaritan credit. Limited access vessels fishing under the 
DAS program and that spend time at sea assisting in a USCG search and 
rescue operation or assisting the USCG in towing a disabled vessel, and 
that can document the occurrence through the USCG, will not accrue DAS 
for the time documented.



Sec. 648.54  State waters exemption.

    (a) DAS exemption. Any vessel issued a limited access scallop permit 
is exempt from the DAS requirements specified in Sec. 648.54(c) while 
fishing exclusively landward of the outer boundary of a state's waters, 
provided the vessel complies with paragraphs (c) through (f) of this 
section.
    (b) Gear restriction exemption--(1) Limited access permits. Any 
vessel issued a limited access scallop permit that is exempt from the 
DAS requirements of Sec. 648.53(c) under paragraph (a) of this section 
is also exempt from the gear restrictions specified in Sec. 648.51 (a), 
(b), and (e) (1) and (2) while fishing exclusively landward of the outer 
boundary of the waters of a state that has been determined by the 
Regional Director under paragraph (b)(3) of this section to have a 
scallop fishery and a scallop conservation program that does not 
jeopardize the fishing mortality/effort reduction objectives of the 
Scallop FMP, provided the vessel complies with paragraphs (c) through 
(f) of this section.
    (2) General permits. Any vessel issued a general scallop permit is 
exempt from the gear restrictions specified in Sec. 648.51 (a), (b), and 
(e) (1) and (2) while fishing exclusively landward of the outer boundary 
of the waters of a state that has been determined by the Regional 
Director under paragraph (b)(3) of this section to have a scallop 
fishery and a scallop conservation program that does not jeopardize the 
fishing mortality/effort reduction objectives of the Scallop FMP, 
provided the vessel complies with paragraphs (d) through (f) of this 
section.
    (3) State eligibility for gear exemption. (i) A state is eligible to 
have vessels fishing exclusively landward of the outer boundary of the 
waters of that state exempted from the gear requirements specified in 
Sec. 648.51 (a), (b), and (e) (1) and (e)(2), if it has a scallop 
fishery and a scallop conservation program that does not jeopardize the 
fishing mortality/effort reduction objectives of the Scallop FMP.
    (ii) The Regional Director shall determine which states have a 
scallop fishery and which of those states have a scallop conservation 
program that does not jeopardize the fishing mortality/effort reduction 
objectives of the Scallop FMP.
    (iii) Maine, New Hampshire, and Massachusetts have been determined 
by the Regional Director to have scallop fisheries and scallop 
conservation programs that do not jeopardize the fishing mortality/
effort reduction objectives of the Scallop FMP. These states must 
immediately notify the Regional Director of any changes in their 
respective scallop conservation program. The Regional Director will 
review these changes and, if a determination is made that the state's 
conservation program jeopardizes the fishing mortality/effort reduction 
objectives of the Scallop FMP, or that the state no longer has a scallop 
fishery, the Regional Director shall publish a final rule in the Federal 
Register amending this paragraph (b)(3)(iii) to eliminate the exemption 
for that state. The Regional Director may determine that other states 
have scallop fisheries and scallop conservation programs that do not 
jeopardize the fishing mortality/effort reduction objectives of the 
Scallop FMP. In such case, the Regional Director shall publish a final 
rule in the Federal Register amending this paragraph (b)(3)(iii) to 
provide the exemption for such states.
    (c) Notification requirements. Vessels fishing under the exemptions 
provided by paragraphs (a) and/or (b) of this section must notify the 
Regional Director in accordance with the provisions of Sec. 648.10(f).

[[Page 202]]

    (d) Restriction on fishing in the EEZ. A vessel fishing under a 
state water's exemption may not fish in the EEZ during that time.
    (e) Duration of exemption. An exemption expires upon a change in the 
vessel's name or ownership.
    (f) Applicability of other provisions of this part. A vessel fishing 
under the exemptions provided by paragraphs (a) and/or (b) of this 
section remains subject to all other requirements of this part.



Sec. 648.55  Framework adjustments to management measures.

    (a) Annually, upon request from the NEFMC, but at a minimum in the 
years 1996 and 1999, the Regional Director will provide the NEFMC with 
information on the status of the scallop resource.
    (b) Within 60 days of receipt of that information, the NEFMC PDT 
shall assess the condition of the scallop resource to determine the 
adequacy of the total allowable DAS reduction schedule, described in 
Sec. 648.53(b), to achieve the target fishing mortality rate. In 
addition, the PDT shall make a determination whether other resource 
conservation issues exist that require a management response in order to 
meet the goals and objectives outlined in the Scallop FMP. The PDT shall 
report its findings and recommendations to the NEFMC. In its report to 
the NEFMC, the PDT shall provide the appropriate rationale and economic 
and biological analysis for its recommendation, utilizing the most 
current catch, effort, and other relevant data from the fishery.
    (c) After receiving the PDT findings and recommendations, the NEFMC 
shall determine whether adjustments to, or additional management 
measures are necessary to meet the goals and objectives of the Scallop 
FMP. After considering the PDT's findings and recommendations, or at any 
other time, if the NEFMC determines that adjustments to, or additional 
management measures are necessary, it shall develop and analyze 
appropriate management actions over the span of at least two NEFMC 
meetings. The NEFMC shall provide the public with advance notice of the 
availability of both the proposals and the analyses, and opportunity to 
comment on them prior to and at the second NEFMC meeting. The NEFMC's 
recommendation on adjustments or additions to management measures must 
come from one or more of the following categories:
    (1) DAS changes.
    (2) Shell height.
    (3) Offloading window reinstatement.
    (4) Effort monitoring.
    (5) Data reporting.
    (6) Trip limits.
    (7) Gear restrictions.
    (8) Permitting restrictions.
    (9) Crew limits.
    (10) Small mesh line.
    (11) Onboard observers.
    (12) Any other management measures currently included in the FMP.
    (d) After developing management actions and receiving public 
testimony, the NEFMC shall make a recommendation to the Regional 
Director. The NEFMC's recommendation must include supporting rationale 
and, if management measures are recommended, an analysis of impacts and 
a recommendation to the Regional Director on whether to publish the 
management measures as a final rule. If the NEFMC recommends that the 
management measures should be published as a final rule, the NEFMC must 
consider at least the following factors and provide support and analysis 
for each factor considered:
    (1) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (2) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the NEFMC's recommended management measures.
    (3) Whether there is an immediate need to protect the resource.
    (4) Whether there will be a continuing evaluation of management 
measures adopted following their promulgation as a final rule.
    (e) If the NEFMC's recommendation includes adjustments or additions 
to

[[Page 203]]

management measures, and if, after reviewing the NEFMC's recommendation 
and supporting information:
    (1) The Regional Director concurs with the NEFMC's recommended 
management measures and determines that the recommended management 
measures may be published as a final rule based on the factors specified 
in paragraph (d) of this section, the action will be published in the 
Federal Register as a final rule; or
    (2) The Regional Director concurs with the NEFMC's recommendation 
and determines that the recommended management measures should be 
published first as a proposed rule, the action will be published as a 
proposed rule in the Federal Register. After additional public comment, 
if the Regional Director concurs with the NEFMC recommendation, the 
action will be published as a final rule in the Federal Register; or
    (3) The Regional Director does not concur, the NEFMC will be 
notified, in writing, of the reasons for the non-concurrence.
    (f) Nothing in this section is meant to derogate from the authority 
of the Secretary to take emergency action under section 305(e) of the 
Magnuson Act.



  Subpart E--Management Measures for the Atlantic Surf Clam and Ocean 
                            Quahog Fisheries



Sec. 648.70  Annual individual allocations.

    (a) General. (1) For each fishing year, the Regional Director shall 
determine the allocation of surf clams and ocean quahogs for each vessel 
owner issued an allocation for the preceding fishing year, by 
multiplying the quotas specified for each species by the Regional 
Director under Sec. 648.71 by the allocation percentage, specified for 
that owner on the allocation permit for the preceding fishing year, 
adjusted to account for any transfer pursuant to paragraph (b) of this 
section. These allocations shall be made in the form of an allocation 
permit specifying for each species the allocation percentage and the 
allocation in bushels. Such permits shall be issued on or before 
December 15, to the registered holders who were assigned an allocation 
by November 1. The total number of bushels of allocation shall be 
divided by 32 to determine the appropriate number of cage tags to be 
issued or acquired under Sec. 648.75. Amounts of allocation 0.5 or 
smaller created by this division shall be rounded downward to the 
nearest whole number and amounts of allocation greater than 0.5 created 
by this division shall be rounded upward to the nearest whole number so 
that allocations are specified in whole cages. An allocation permit is 
only valid for the entity for which it is issued.
    (2) The Regional Director may, after publication of a fee 
notification in the Federal Register, charge a permit fee before 
issuance of the permit to recover administrative expenses. Failure to 
pay the fee will preclude issuance of the permit.
    (b) Transfers--(1) Allocation percentage. Subject to the approval of 
the Regional Director, part or all of an allocation percentage may be 
transferred, in amounts equivalent to not less than 160 bu (8,500 L) 
(i.e., 5 cages) in the year in which the transfer is made, to any person 
eligible to own a documented vessel under the terms of 46 U.S.C. 
12102(a). Approval of a transfer by the Regional Director and for a new 
allocation permit reflecting that transfer may be requested by 
submitting a written application for approval of the transfer and for 
issuance of a new allocation permit to the Regional Director at least 10 
days before the date on which the applicant desires the transfer to be 
effective, in the form of a completed transfer log supplied by the 
Regional Director. The transfer is not effective until the new holder 
receives a new or revised annual allocation permit from the Regional 
Director. An application for transfer may not be made between October 15 
and December 31 of each year.
    (2) Cage tags. Cage tags issued pursuant to Sec. 648.75 may be 
transferred in quantities of not less than 5 tags at any one time, 
subject to the restrictions and procedure specified in paragraph (b)(1) 
of this section; provided that application for such cage tag transfers 
may be made at any time before December 10 of each year and the transfer 
is effective upon the receipt by

[[Page 204]]

the transferee of written authorization from the Regional Director.
    (3) Review. If the Regional Director determines that the applicant 
has been issued a Notice of Permit Sanction for a violation of the 
Magnuson Act that has not been resolved, he/she may decline to approve 
such transfer pending resolution of the matter.



Sec. 648.71  Catch quotas.

    (a) Surf clams. The amount of surf clams that may be caught annually 
by fishing vessels subject to these regulations will be specified by the 
Assistant Administrator, on or about December 1 of each year, within the 
range of 1.85 to 3.4 million bu (98.5 to 181 million L).
    (1) Establishing quotas. (i) Prior to the beginning of each year, 
the MAFMC, following an opportunity for public comment, will recommend 
to the Assistant Administrator quotas and estimates of DAH and DAP 
within the ranges specified. In selecting the quota, the MAFMC shall 
consider current stock assessments, catch reports, and other relevant 
information concerning:
    (A) Exploitable and spawning biomass relative to the OY.
    (B) Fishing mortality rates relative to the OY.
    (C) Magnitude of incoming recruitment.
    (D) Projected effort and corresponding catches.
    (E) Geographical distribution of the catch relative to the 
geographical distribution of the resource.
    (F) Status of areas previously closed to surf clam fishing that are 
to be opened during the year and areas likely to be closed to fishing 
during the year.
    (ii) The quota shall be set at that amount that is most consistent 
with the objectives of the Atlantic Surf Clam and Ocean Quahog FMP. The 
Assistant Administrator may set quotas at quantities different from the 
MAFMC's recommendations only if he/she can demonstrate that the MAFMC's 
recommendations violate the national standards of the Magnuson Act and 
the objectives of the Atlantic Surf Clam and Ocean Quahog FMP.
    (2) Report. Prior to the beginning of each year, the Regional 
Director shall prepare a written report, based on the latest available 
stock assessment report prepared by NMFS, data reported by harvesters 
and processors according to these regulations, and other relevant data. 
The report will include consideration of:
    (i) Exploitable biomass and spawning biomass relative to OY.
    (ii) Fishing mortality rates relative to OY.
    (iii) Magnitude of incoming recruitment.
    (iv) Projected effort and corresponding catches.
    (v) Status of areas previously closed to surf clams fishing that are 
to be opened during the year and areas likely to be closed to fishing 
during the year.
    (vi) Geographical distribution of the catch relative to the 
geographical distribution of the resource.
    (3) Public review. Based on the information presented in the report, 
and in consultation with the MAFMC, the Assistant Administrator shall 
propose an annual surf clam quota and an annual ocean quahog quota and 
shall publish them in the Federal Register. Comments on the proposed 
annual quotas may be submitted to the Regional Director within 30 days 
after publication. The Assistant Administrator shall consider all 
comments, determine the appropriate annual quotas, and publish the 
annual quotas in the Federal Register on or about December 1 of each 
year.
    (b) Ocean quahogs. The amount of ocean quahogs that may be caught by 
fishing vessels subject to these regulations shall be specified annually 
by the Assistant Administrator, on or about December 1, within the range 
of 4 to 6 million bu (213 to 319.4 million L), following the same 
procedures set forth in paragraph (a) of this section for surf clams.



Sec. 648.72  Minimum surf clam size.

    (a) Minimum length. The minimum length for surf clams is 4.75 inches 
(12.065 cm).
    (b) Determination of compliance. No more than 50 surf clams in any 
cage may be less than 4.75 inches (12.065 cm) in length. If more than 50 
surf clams in any inspected cage of surf clams are less than 4.75 inches 
(12.065 cm) in

[[Page 205]]

length, all cages landed by the same vessel from the same trip are 
deemed to be in violation of the minimum size restriction.
    (c) Suspension. Upon the recommendation of the MAFMC, the Regional 
Director may suspend annually, by publication in the Federal Register, 
the minimum shell-height standard, unless discard, catch, and survey 
data indicate that 30 percent of the surf clams are smaller than 4.75 
inches (12.065 cm) and the overall reduced shell height is not 
attributable to beds where the growth of individual surf clams has been 
reduced because of density dependent factors.
    (d) Measurement. Length is measured at the longest dimension of the 
surf clam shell.



Sec. 648.73  Closed areas.

    (a) Areas closed because of environmental degradation. Certain areas 
are closed to all surf clam and ocean quahog fishing because of adverse 
environmental conditions. These areas will remain closed until the 
Assistant Administrator determines that the adverse environmental 
conditions no longer exist. If additional areas are identified by the 
Assistant Administrator as being contaminated by the introduction or 
presence of hazardous materials or pollutants, they may be closed by the 
Assistant Administrator in accordance with paragraph (c) of this 
section. The areas closed are:
    (1) Boston Foul Ground. The waste disposal site known as the 
``Boston Foul Ground'' and located at 42 deg.25'36'' N. lat., 
70 deg.35'00'' W. long., with a radius of 1 nm in every direction from 
that point.
    (2) New York Bight. The polluted area and waste disposal site known 
as the ``New York Bight Closure'' and located at 40 deg.25'04'' N. lat., 
73 deg.42'38'' W. long., and with a radius of 6 nm in every direction 
from that point, extending farther northwestward, westward, and 
southwestward between a line from a point on the arc at 40 deg.31'00'' 
N. lat., 73 deg.43'38'' W. long., directly toward Atlantic Beach Light 
in New York to the limit of state territorial waters of New York; and a 
line from a point on the arc at 40 deg.19'48'' N. lat., 73 deg.45'42'' 
W. long., to a point at the limit of the state territorial waters of New 
Jersey at 40 deg.14'00'' N. lat., 73 deg.55'42'' W. long.
    (3) 106 Dumpsite. The toxic industrial dump site known as the ``106 
Dumpsite'' and located between 38 deg.40'00'' and 39 deg.00'00'' N. lat. 
and between 72 deg.00'00'' and 72 deg.30'00'' W. long.
    (b) Areas closed because of small surf clams. Areas may be closed 
because they contain small surf clams.
    (1) Closure. The Assistant Administrator may close an area to surf 
clams and ocean quahog fishing if he/she determines, based on logbook 
entries, processors' reports, survey cruises, or other information, that 
the area contains surf clams of which:
    (i) Sixty percent or more are smaller than the minimum size (4.5 
inches (11.43 cm)); and
    (ii) Not more than 15 percent are larger than 5.5 inches (13.97 cm) 
in size.
    (2) Reopening. The Assistant Administrator may reopen areas or parts 
of areas closed under paragraph (b)(1) of this section if he/she 
determines, based on survey cruises or other information, that:
    (i) The average length of the dominant (in terms of weight) size 
class in the area to be reopened is equal to or greater than 4.75 inches 
(12.065 cm); or
    (ii) The yield or rate of growth of the dominant shell-height class 
in the area to be reopened would be significantly enhanced through 
selective, controlled, or limited harvest of surf clams in the area.
    (c) Procedure. (1) The Regional Director may hold a public hearing 
on the proposed closure or reopening of any area under paragraph (a) or 
(b) of this section. The Assistant Administrator shall publish 
notification in the Federal Register of any proposed area closure or 
reopening, including any restrictions on harvest in a reopened area. 
Comments on the proposed closure or reopening may be submitted to the 
Regional Director within 30 days after publication. The Assistant 
Administrator shall consider all comments and publish the final 
notification of closure or reopening, and any restrictions on harvest, 
in the Federal Register. Any adjustment to harvest restrictions in a 
reopened area shall be made by notification in the Federal Register. The 
Regional Director shall

[[Page 206]]

send notice of any action under this paragraph (c)(1) to each surf clam 
and ocean quahog processor and to each surf clam and ocean quahog permit 
holder.
    (2) If the Regional Director determines, as the result of testing by 
state, Federal, or private entities, that a closure of an area under 
paragraph (a) of this section is necessary to prevent any adverse 
effects fishing may have on the public health, he/she may close the area 
for 60 days by publication of notification in the Federal Register, 
without prior comment or public hearing. If an extension of the 60-day 
closure period is necessary to protect the public health, the hearing 
and notice requirements of paragraph (c)(1) of this section shall be 
followed.



Sec. 648.74  Shucking at sea.

    (a) Observers. (1) The Regional Director may allow the shucking of 
surf clams or ocean quahogs at sea if he/she determines that an observer 
carried aboard the vessel can measure accurately the total amount of 
surf clams and ocean quahogs harvested in the shell prior to shucking.
    (2) Any vessel owner may apply in writing to the Regional Director 
to shuck surf clams or ocean quahogs at sea. The application shall 
specify: Name and address of the applicant, permit number of the vessel, 
method of calculating the amount of surf clams or ocean quahogs 
harvested in the shell, vessel dimensions and accommodations, and length 
of fishing trip.
    (3) The Regional Director shall provide an observer to any vessel 
owner whose application is approved. The owner shall pay all reasonable 
expenses of carrying the observer on board the vessel.
    (4) Any observer shall certify at the end of each trip the amount of 
surf clams or ocean quahogs harvested in the shell by the vessel. Such 
certification shall be made by the observer's signature on the daily 
fishing log required by Sec. 648.7.
    (b) Conversion factor. (1) Based on the recommendation of the MAFMC, 
the Regional Director may allow shucking at sea of surf clams or ocean 
quahogs, with or without an observer, if he/she determines a conversion 
factor for shucked meats to calculate accurately the amount of surf 
clams or ocean quahogs harvested in the shell.
    (2) The Regional Director shall publish notification in the Federal 
Register specifying a conversion factor together with the data used in 
its calculation for a 30-day comment period. After consideration of the 
public comments and any other relevant data, the Regional Director may 
publish final notification in the Federal Register specifying the 
conversion factor.
    (3) If the Regional Director makes the determination specified in 
paragraph (b)(1) of this section, he/she may authorize the vessel owner 
to shuck surf clams or ocean quahogs at sea. Such authorization shall be 
in writing and be carried aboard the vessel.



Sec. 648.75  Cage identification.

    (a) Tagging. Before offloading, all cages that contain surf clams or 
ocean quahogs must be tagged with tags acquired annually under paragraph 
(b) of this section. A tag must be fixed on or as near as possible to 
the upper crossbar of the cage for every 60 ft \3\ (1,700 L), or portion 
thereof, of the cage. A tag or tags must not be removed until the cage 
is emptied by the processor, at which time the processor must promptly 
remove and retain the tag(s) for collection or disposal as specified by 
the Regional Director.
    (b) Issuance. The Regional Director will issue a supply of tags to 
each individual vessel owner qualifying for an allocation under 
Sec. 648.70 prior to the beginning of each fishing year or he/she may 
specify, in the Federal Register, a vendor from whom the tags shall be 
purchased. The number of tags will be based on the owner's allocation. 
Each tag represents 32 bu (1,700 L) of allocation.
    (c) Expiration. Tags will expire at the end of the fishing year for 
which they are issued, or if rendered null and void in accordance with 
15 CFR part 904.
    (d) Return. Tags that have been rendered null and void must be 
returned to the Regional Director, if possible.
    (e) Loss. Loss or theft of tags must be reported by the owner, 
numerically identifying the tags to the Regional Director by telephone 
as soon as the loss or theft is discovered and in writing

[[Page 207]]

within 24 hours. Thereafter, the reported tags shall no longer be valid 
for use under this part.
    (f) Replacement. Lost or stolen tags may be replaced by the Regional 
Director if proper notice of the loss is provided by the person to whom 
the tags were issued. Replacement tags may be purchased from the 
Regional Director or a vendor with a written authorization from the 
Regional Director.
    (g) Transfer. See Sec. 648.70(b)(2).
    (h) Presumptions. Surf clams and ocean quahogs found in cages 
without a valid state tag are deemed to have been harvested in the EEZ 
and to be part of an individual's allocation, unless the individual 
demonstrates that he/she has surrendered his/her Federal vessel permit 
issued under Sec. 648.4(a)(4) and conducted fishing operations 
exclusively within waters under the jurisdiction of any state. Surf 
clams and ocean quahogs in cages with a Federal tag or tags, issued and 
still valid pursuant to this section, affixed thereto are deemed to have 
been harvested by the individual allocation holder to whom the tags were 
issued under Sec. 648.75(b) or transferred under Sec. 648.70(b).



     Subpart F--Management Measures for the NE Multispecies Fishery



Sec. 648.80  Regulated mesh areas and restrictions on gear and methods of fishing.

    All vessels fishing for, harvesting, possessing, or landing NE 
multispecies in or from the EEZ and all vessels holding a multispecies 
permit must comply with the following minimum mesh size, gear, and 
methods of fishing requirements, unless otherwise exempted or 
prohibited.
    (a) Gulf of Maine/Georges Bank (GOM/GB) Regulated Mesh Area.--(1) 
Area definition. The GOM/GB Regulated Mesh Area (copies of a map 
depicting the area are available from the Regional Director upon 
request) is that area:
    (i) Bounded on the east by the U.S.-Canada maritime boundary, 
defined by straight lines connecting the following points in the order 
stated:

             Gulf of Maine/Georges Bank Regulated Mesh Area             
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
                  G1..........................        (\1\)        (\1\)
G2............................................   43 deg.58'   67 deg.22'
G3............................................  42 deg.53.1             
                                                          '  67 deg.44.4
                                                                       '
G4............................................   42 deg.31'  67 deg.28.1
                                                                       '
G5............................................  41 deg.18.6             
                                                          '  66 deg.24.8
                                                                       '
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada Maritime      
  Boundary.                                                             

    (ii) Bounded on the south by straight lines connecting the following 
points in the order stated:

----------------------------------------------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long.         Approximate loran C bearings    
----------------------------------------------------------------------------------------------------------------
                  G6..........................  40 deg.55.5   66 deg.38'  5930-Y-30750 and 9960-Y-43500.        
                                                          '                                                     
G7............................................  40 deg.45.5   68 deg.00'  9960-Y-43500 and 68 deg.00' W. lat.   
                                                          '                                                     
G8............................................   40 deg.37'   68 deg.00'  9960-Y-43450 and 68 deg.00' W. lat.   
G9............................................   40 deg.30'   69 deg.00'                                        
NL3...........................................  40 deg.22.7   69 deg.00'                                        
                                                          '                                                     
NL2...........................................  40 deg.18.7   69 deg.40'                                        
                                                          '                                                     
NL1...........................................   40 deg.50'   69 deg.40'                                        
G11...........................................   40 deg.50'   70 deg.00'                                        
G12...........................................               \1\ 70 deg.                                        
                                                                     00'                                        
----------------------------------------------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland Massachusetts.                                 

    (2) Gear restrictions. (i) Minimum mesh size. Except as provided in 
paragraphs (a)(2) (iii) and (i) of this section, and unless otherwise 
restricted under paragraphs (a) (2)(ii) and (5) of this section, the 
minimum mesh size for any trawl net, sink gillnet, Scottish seine, 
midwater trawl, or purse seine on a vessel or used by a vessel fishing 
under a DAS in the NE multispecies DAS program in the GOM/GB Regulated 
Mesh Area is 6-inch (15.24-cm) square or diamond mesh throughout the 
entire net. This restriction does not apply to nets

[[Page 208]]

or pieces of nets smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 ft\2\ 
(0.81 m\2\)), or to vessels that have not been issued a multispecies 
permit and that are fishing exclusively in state waters.
    (ii) Large-mesh vessels. When fishing in the GOM/GB regulated mesh 
area, the minimum mesh size for any sink gillnet on a vessel or used by 
a vessel fishing under a DAS in the large-mesh DAS program specified in 
Sec. 648.82(b) (6) and (7) is 7-inch (17.78-cm) diamond mesh throughout 
the entire net. The minimum mesh size for any trawl net on a vessel or 
used by a vessel fishing under a DAS in the large-mesh DAS program is 8-
inch (20.32-cm) diamond mesh throughout the entire net. This restriction 
does not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 
ft (0.9 m), (9 ft\2\ (0.81 m\2\)), or to vessels that have not been 
issued a multispecies permit and that are fishing exclusively in state 
waters.
    (iii) Other gear and mesh exemptions. The minimum mesh size for any 
trawl net, sink gillnet, Scottish seine, midwater trawl, or purse seine 
on a vessel or used by a vessel when fishing in the GOM/GB Regulated 
Mesh Area while not under the NE multispecies DAS program, but when 
under one of the exemptions specified in paragraphs (a)(3), (a)(4), 
(a)(6), (a)(8), (a)(9), (d), (e), (h), and (i) of this section, is set 
forth in the respective paragraph specifying the exemption. Vessels that 
are not fishing under one of these exemptions, under the scallop state 
waters exemption specified in Sec. 648.54, or under a NE multispecies 
DAS, are prohibited from fishing in the GOM/GB regulated mesh area.
    (3) Small Mesh Northern Shrimp Fishery Exemption Area. Vessels 
subject to the minimum mesh size restrictions specified in paragraph 
(a)(2) of this section may fish for, harvest, possess, or land northern 
shrimp in the Small Mesh Northern Shrimp Fishery Exemption Area with 
nets with a mesh size smaller than the minimum size specified, if the 
vessel complies with the requirements of paragraphs (a)(3) (i) through 
(iii) of this section. The Small Mesh Northern Shrimp Fishery Exemption 
Area is defined by straight lines connecting the following points in the 
order stated (copies of a map depicting the area are available from the 
Regional Director upon request):

            Small Mesh Northern Shrimp Fishery Exemption Area           
------------------------------------------------------------------------
         Point                  N. Lat.                 W. Long.        
------------------------------------------------------------------------
SM1...................  41 deg.35'              70 deg.00'              
SM2...................  41 deg.35'              69 deg.40'              
SM3...................  42 deg.49.5'            69 deg.40'              
SM4...................  43 deg.12'              69 deg.00'              
SM5...................  43 deg.41'              68 deg.00'              
G2....................  43 deg.58'              67 deg.22'; (the U.S.-  
                                                 Canada maritime        
                                                 Boundary).             
G1....................  (\1\)                   (\1\)                   
------------------------------------------------------------------------
\1\ Northward along the irregular U.S.-Canada maritime boundary to the  
  shoreline.                                                            

    (i) Restrictions on fishing for, possessing, or landing fish other 
than shrimp. A vessel fishing in the northern shrimp fishery described 
in this section under this exemption may not fish for, possess on board, 
or land any species of fish other than shrimp, except for the following, 
with the restrictions noted, as allowable bycatch species: Longhorn 
sculpin; silver hake--up to two standard totes; monkfish and monkfish 
parts--up to 10 percent, by weight, of all other species on board; and 
American lobster--up to 10 percent, by weight, of all other species on 
board or 200 lobsters, whichever is less.
    (ii) Requirement to use a finfish excluder device (FED). A vessel 
must have a rigid or semi-rigid grate consisting of parallel bars of not 
more than 1-inch (2.54-cm) spacing that excludes all fish and other 
objects, except those that are small enough to pass between its bars 
into the codend of the trawl, secured in the trawl, forward of the 
codend, in such a manner that it precludes the passage of fish or other 
objects into the codend without the fish or objects having to first pass 
between the bars of the grate, in any net with mesh smaller than the 
minimum size specified in paragraph (a)(2) of this section. The net must 
have a outlet or hole to allow fish or other objects that are too large 
to pass between the bars of the grate to exit out of the net. The 
aftermost edge of this outlet or hole must be at least as wide as the 
grate at the point of attachment. The outlet or hole must extend forward 
from the grate toward the mouth of the net. A funnel of net material is 
allowed in the lengthening piece of the net forward of the grate to 
direct catch towards the

[[Page 209]]

grate. (Copies of a schematic example of a properly configured and 
installed FED are available from the Regional Director upon request.)
    (iii) Time restrictions. A vessel may only fish under this exemption 
during the northern shrimp season, as established by the Commission. The 
northern shrimp season is December 1 through May 30, or as modified by 
the Commission.
    (4) Cultivator Shoal Whiting Fishery Exemption Area. Vessels subject 
to the minimum mesh size restrictions specified in paragraph (a)(2) of 
this section may fish with, use, or possess nets in the Cultivator Shoal 
Whiting Fishery Exemption Area with a mesh size smaller than the minimum 
size specified, if the vessel complies with the requirements specified 
in paragraph (a)(4)(i) of this section. The Cultivator Shoal Whiting 
Fishery Exemption Area (copies of a map depicting the area are available 
from the Regional Director upon request) is defined by straight lines 
connecting the following points in the order stated:

             Cultivator Shoal Whiting Fishery Exemption Area            
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
C1............................................   42 deg.10'   68 deg.10'
C2............................................   41 deg.30'   68 deg.41'
CI4...........................................   41 deg.30'   68 deg.30'
C3............................................  41 deg.12.8             
                                                          '   68 deg.30'
C4............................................   41 deg.05'   68 deg.20'
C5............................................   41 deg.55'   67 deg.40'
C1............................................   42 deg.10'   68 deg.10'
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Cultivator Shoal 
Whiting Fishery Exemption Area under this exemption must have a letter 
of authorization issued by the Regional Director on board and may not 
fish for, possess on board, or land any species of fish other than 
whiting, except for the following, with the restrictions noted, as 
allowable bycatch species: Longhorn sculpin; monkfish and monkfish 
parts--up to 10 percent, by weight, of all other species on board; and 
American lobster--up to 10 percent by weight of all other species on 
board or 200 lobsters, whichever is less.
    (B) All nets must comply with a minimum mesh size of 3-inch (7.62 
cm) square or diamond mesh applied to the first 160 meshes counted from 
the terminus of the net.
    (C) Fishing is confined to a season of June 15 through October 31, 
unless otherwise specified by notification in the Federal Register.
    (D) When transiting through the GOM/GB Regulated Mesh Area specified 
under paragraph (a)(1) of this section, any nets with a mesh size 
smaller than the minimum mesh size specified in paragraph (a)(2) of this 
section must be stowed in accordance with one of the methods specified 
in Sec. 648.23(b).
    (ii) Sea sampling. The Regional Director shall conduct periodic sea 
sampling to determine if there is a need to change the area or season 
designation, and to evaluate the bycatch of regulated species, 
especially haddock.
    (iii) Annual review. The NEFMC shall conduct an annual review of 
data to determine if there are any changes in area or season designation 
necessary, and to make appropriate recommendations to the Regional 
Director following the procedures specified in Sec. 648.90 of this part.
    (5) Stellwagen Bank/Jeffreys Ledge (SB/JL) Juvenile Protection Area. 
Except as provided in paragraphs (a)(3), (d), (e), and (h) of this 
section, the minimum mesh size for any trawl net, Scottish seine, purse 
seine, or midwater trawl in use, or available for immediate use as 
described in Sec. 648.23(b) by a vessel fishing in the following area is 
6-inch (15.24-cm) square or diamond mesh in the last 50 bars of the 
codend and extension piece for vessels 45 ft (13.7 m) in length and 
less, and in the last 100 bars of the codend and extension piece for 
vessels greater than 45 ft (13.7 m) in length.
    (i) The SB/JL Juvenile Protection Area (copies of a map depicting 
the area are available from the Regional Director upon request) is 
defined by straight lines connecting the following points in the order 
stated:

[[Page 210]]



                                    Stellwagen Bank Juvenile Protection Area                                    
----------------------------------------------------------------------------------------------------------------
                                                                                            Approximate Loran   
                            Point                                N. Lat.      W. Long.         coordinates      
----------------------------------------------------------------------------------------------------------------
SB1..........................................................  42 deg.34.0                                      
                                                                         '  70 deg.23.5                         
                                                                                      '           13737    44295
SB2..........................................................  42 deg.28.8                                      
                                                                         '  70 deg.39.0                         
                                                                                      '           13861    44295
SB3..........................................................  42 deg.18.6                                      
                                                                         '  70 deg.22.5                         
                                                                                      '           13810    44209
SB4..........................................................  42 deg.05.5                                      
                                                                         '  70 deg.23.3                         
                                                                                      '           13880    44135
SB5..........................................................  42 deg.11.0                                      
                                                                         '  70 deg.04.0                         
                                                                                      '           13737    44135
SB1..........................................................  42 deg.34.0                                      
                                                                         '  70 deg.23.5                         
                                                                                      '           13737    44295
----------------------------------------------------------------------------------------------------------------


                                     Jeffreys Ledge Juvenile Protection Area                                    
----------------------------------------------------------------------------------------------------------------
                                                                                            Approximate Loran   
                            Point                                N. Lat.      W. Long.         coordinates      
----------------------------------------------------------------------------------------------------------------
JL1..........................................................  43 deg.12.7                                      
                                                                         '  70 deg.00.0                         
                                                                                      '           13369    44445
JL2..........................................................  43 deg.09.5                                      
                                                                         '  70 deg.08.0                         
                                                                                      '           13437    44445
JL3..........................................................  42 deg.57.0                                      
                                                                         '  70 deg.08.0                         
                                                                                      '           13512    44384
JL4..........................................................  42 deg.52.0                                      
                                                                         '  70 deg.21.0                         
                                                                                      '           13631    44384
JL5..........................................................  42 deg.41.5                                      
                                                                         '  70 deg.32.5                         
                                                                                      '           13752    44352
JL6..........................................................  42 deg.34.0                                      
                                                                         '  70 deg.26.2                         
                                                                                      '           13752    44300
JL7..........................................................  42 deg.55.2                                      
                                                                         '  70 deg.00.0                         
                                                                                      '           13474    44362
JL1..........................................................  43 deg.12.7                                      
                                                                         '  70 deg.00.0                         
                                                                                      '           13369    44445
----------------------------------------------------------------------------------------------------------------

    (ii) Fishing for northern shrimp in the SB/JL Juvenile Protection 
Area is allowed, subject to the requirements of paragraph (a)(3) of this 
section.
    (6) Transiting. (i) Vessels fishing in the Small Mesh Northern 
Shrimp Fishery Exemption Area and in Small Mesh Area 1/Small Mesh Area 
2, as specified in paragraphs (a) (3) and (8) of this section, may 
transit through the SB/JL Juvenile Protection Area defined in paragraph 
(a)(5) of this section with nets on board that do not conform to the 
requirements specified in paragraph (a)(2) or (a)(5) of this section, 
provided that the nets are stowed in accordance with one of the methods 
specified in Sec. 648.23(b).
    (ii) Vessels subject to the minimum mesh size restrictions specified 
in paragraph (a)(2) of this section may transit through the Small Mesh 
Northern Shrimp Fishery Exemption Area defined in paragraph (a)(3) of 
this section with nets on board with a mesh size smaller than the 
minimum size specified, provided that the nets are stowed in accordance 
with one of the methods specified in Sec. 648.23(b), and provided the 
vessel has no fish on board.
    (iii) Vessels subject to the minimum mesh size restrictions 
specified in paragraph (a)(2) of this section may transit through the 
GOM/GB Regulated Mesh Area defined in paragraph (a)(1) of this section 
with nets on board with a mesh size smaller than the minimum mesh size 
specified and with small mesh exempted species on board, provided that 
the following conditions are met:
    (A) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (a)(2) of this section are stowed in accordance 
with one of the methods specified in Sec. 648.23(b).
    (B) A letter of authorization issued by the Regional Director is on 
board.
    (C) Vessels do not fish for, possess on board, or land any fish, 
except when fishing in the areas specified in paragraphs (a)(4), (a)(9), 
(b), and (c) of this section. Vessels may retain exempted small mesh 
species as provided in paragraphs (a)(4)(i), (a)(9)(i), (b)(3), and 
(c)(3) of this section.
    (7) Addition or deletion of exemptions. (i) An exemption may be 
added in an existing fishery for which there are sufficient data or 
information to ascertain the amount of regulated species bycatch, if the 
Regional Director, after consultation with the NEFMC, determines that 
the percentage of regulated species caught as bycatch is, or can be 
reduced to, less than 5 percent, by weight, of total catch and that such 
exemption will not jeopardize fishing mortality objectives. In 
determining whether exempting a fishery may jeopardize meeting fishing 
mortality objectives, the Regional Director may take into consideration 
factors such as, but not limited to, juvenile mortality. A

[[Page 211]]

fishery can be defined, restricted, or allowed by area, gear, season, or 
other means determined to be appropriate to reduce bycatch of regulated 
species. An existing exemption may be deleted or modified if the 
Regional Director determines that the catch of regulated species is 
equal to or greater than 5 percent, by weight, of total catch, or that 
continuing the exemption may jeopardize meeting fishing mortality 
objectives. Notification of additions, deletions or modifications will 
be made through issuance of a rule in the Federal Register.
    (ii) The NEFMC may recommend to the Regional Director, through the 
framework procedure specified in Sec. 648.90(b), additions or deletions 
to exemptions for fisheries, either existing or proposed, for which 
there may be insufficient data or information for the Regional Director 
to determine, without public comment, percentage catch of regulated 
species.
    (iii) The Regional Director may, using the process described in 
either paragraph (a)(7)(i) or (ii) of this section, authorize an 
exemption for a white hake fishery by vessels using regulated mesh or 
hook gear. Determination of the percentage of regulated species caught 
in such fishery shall not include white hake.
    (iv) Exempted fisheries authorized under this paragraph (a)(7) are 
subject, at minimum, to the following restrictions:
    (A) With the exception of fisheries authorized under paragraph 
(a)(7)(iii) of this section, a prohibition on the possession of 
regulated species.
    (B) A limit on the possession of monkfish or monkfish parts of 10 
percent, by weight, of all other species on board.
    (C) A limit on the possession of lobsters of 10 percent, by weight, 
of all other species on board or 200 lobsters, whichever is less.
    (D) A limit on the possession of skate or skate parts in the 
Southern New England regulated mesh area described in paragraph (a)(10) 
of this section of 10 percent, by weight, of all other species on board.
    (8) Small Mesh Area 1/Small Mesh Area 2. Vessels subject to the 
minimum mesh size restrictions specified in paragraph (a)(2) of this 
section may fish with or possess nets with a mesh size smaller than the 
minimum size specified from July 15 through October 31 when fishing in 
Small Mesh Area 1, and from January 1 through June 30 when fishing in 
Small Mesh Area 2. A vessel may not fish for, possess on board, or land 
any species of fish other than: Butterfish, dogfish, herring, mackerel, 
ocean pout, scup, squid, silver hake, and red hake, except for the 
following species, with the restrictions noted, as allowable bycatch 
species: Longhorn sculpin; monkfish and monkfish parts--up to 10 
percent, by weight, of all other species on board; and American 
lobster--up to 10 percent, by weight, of all other species on board or 
200 lobsters, whichever is less. These areas are defined by straight 
lines connecting the following points in the order stated (copies of a 
map depicting these areas are available from the Regional Director upon 
request):

                                                Small Mesh Area 1                                               
----------------------------------------------------------------------------------------------------------------
                                                                                           Approximate Loran C  
                            Point                                N. Lat.      W. Long.           bearings       
----------------------------------------------------------------------------------------------------------------
                                                                                                                
SM1..........................................................   43 deg.03'   70 deg.27'           13600    25910
SM2..........................................................   42 deg.57'   70 deg.22'           13600    25840
SM3..........................................................   42 deg.47'   70 deg.32'           13720    25840
SM4..........................................................   42 deg.45'   70 deg.29'           13710    25810
SM5..........................................................   42 deg.43'   70 deg.32'           (\1\)    25810
SM6..........................................................   42 deg.44'   70 deg.39'    13780           (\1\)
SM7..........................................................   42 deg.49'   70 deg.43'           13780    25910
SM8..........................................................   42 deg.50'   70 deg.41'           13760    25910
SM9..........................................................   42 deg.53'   70 deg.43'           13760    25935
SM10.........................................................   42 deg.55'   70 deg.40'    25935           (\1\)
SM11.........................................................   42 deg.59'   70 deg.32'           (\1\)    25910
SM1..........................................................   43 deg.03'   70 deg.27'           13600    25910
----------------------------------------------------------------------------------------------------------------
\1\ 3-mile line                                                                                                 


[[Page 212]]


                                                Small Mesh Area 2                                               
----------------------------------------------------------------------------------------------------------------
                                                                                           Approximate Loran C  
                            Point                                N. Lat.      W. Long.           bearings       
----------------------------------------------------------------------------------------------------------------
SM13.........................................................  43 deg.20.3                                      
                                                                         '  69 deg.59.4                         
                                                                                      '           13320    44480
SM14.........................................................  43 deg.25.9                                      
                                                                         '  69 deg.45.6                         
                                                                                      '           13200    44480
SM15.........................................................  42 deg.49.5                                      
                                                                         '   69 deg.40'           13387.5  44298
SM16.........................................................  42 deg.41.5                                      
                                                                         '   69 deg.40'           13430    44260
SM17.........................................................  42 deg.34.9                                      
                                                                         '   70 deg.00'           13587    44260
SM13.........................................................  43 deg.20.3                                      
                                                                         '  69 deg.59.4                         
                                                                                      '           13320    44480
----------------------------------------------------------------------------------------------------------------

    (9) Nantucket Shoals dogfish fishery exemption area. Vessels subject 
to the minimum mesh size restrictions specified in paragraph (a)(2) of 
this section may fish with, use, or possess nets of mesh smaller than 
the minimum size specified in the Nantucket Shoals Dogfish Fishery 
Exemption Area, if the vessel complies with the requirements specified 
in paragraph (a)(9)(i) of this section. The Nantucket Shoals Dogfish 
Fishery Exemption Area (copies of a map depicting this area are 
available from the Regional Director upon request) is defined by 
straight lines connecting the following points in the order stated:

                 Nantucket Shoals Dogfish Exemption Area                
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
NS1...........................................   41 deg.45'   70 deg.00'
NS2...........................................   41 deg.45'   69 deg.20'
NS3...........................................   41 deg.30'   69 deg.20'
Cl1...........................................   41 deg.30'   69 deg.23'
NS5...........................................  41 deg.26.5             
                                                          '   69 deg.20'
NS6...........................................   40 deg.50'   69 deg.20'
NS7...........................................   40 deg.50'   70 deg.00'
NS1...........................................   41 deg.45'   70 deg.00'
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Nantucket Shoals 
Dogfish Fishery Exemption Area under the exemption must have on board a 
letter of authorization issued by the Regional Director and may not fish 
for, possess on board, or land any species of fish other than dogfish, 
except as provided under paragraph (a)(9)(i)(D) of this section.
    (B) Fishing is confined to June 1 through October 15.
    (C) When transitting the GOM/GB regulated mesh area, specified under 
paragraph (a)(1) of this section, any nets with a mesh size smaller than 
the minimum mesh size specified in paragraph (a)(2) of this section must 
be stowed and unavailable for immediate use in accordance with 
Sec. 648.23(b).
    (D) The following species may be retained, with the restrictions 
noted, as allowable bycatch species in the Nantucket Shoals Dogfish 
Fishery Exemption Area: Longhorn sculpin; silver hake--up to two 
standard totes; monkfish and monkfish parts--up to 10 percent, by 
weight, of all other species on board; American lobster--up to 10 
percent, by weight, of all other species on board or 200 lobsters, 
whichever is less; and skate or skate parts--up to 10 percent, by 
weight, of all other species on board.
    (E) A vessel fishing in the Nantucket Shoals Dogfish Fishery 
Exemption Area under the exemption must comply with any additional gear 
restrictions specified in the letter of authorization issued by the 
Regional Director.
    (ii) Sea sampling. The Regional Director may conduct periodic sea 
sampling to determine if there is a need to change the area or season 
designation, and to evaluate the bycatch of regulated species.
    (b) Southern New England (SNE) Regulated Mesh Area--(1) Area 
definition. The SNE Regulated Mesh Area (copies of a map depicting this 
area are available from the Regional Director upon request) is that 
area:
    (i) bounded on the east by straight lines connecting the following 
points in the order stated:

                Southern New England Regulated Mesh Area                
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
G5............................................  41 deg.18.6             
                                                          '  66 deg.24.8
                                                                       '
G6............................................  40 deg.55.5             
                                                          '   66 deg.38'
G7............................................  40 deg.45.5             
                                                          '   68 deg.00'
G8............................................   40 deg.37'   68 deg.00'
G9............................................  40 deg.30.5             
                                                          '   69 deg.00'
NL3...........................................  40 deg.22.7             
                                                          '   69 deg.00'
NL2...........................................  40 deg.18.7             
                                                          '   69 deg.40'
NL1...........................................   40 deg.50'   69 deg.40'
G11...........................................   40 deg.50'   70 deg.00'

[[Page 213]]

                                                                        
G12...........................................  ...........  \1\ 70 deg.
                                                                     00'
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland        
  Massachusetts.                                                        

    (ii) bounded on the west by the eastern boundary of the Mid-Atlantic 
Regulated Mesh Area.
    (2) Gear restrictions--(i) Minimum mesh size. Except as provided in 
paragraphs (b)(2) (iii) and (i) of this section, and unless otherwise 
restricted under paragraph (b)(2)(ii) of this section, the minimum mesh 
size for any trawl net, sink gillnet, Scottish seine, purse seine or 
midwater trawl, not stowed and not unavailable in use or available for 
immediate use in accordance with Sec. 648.23(b) by a vessel fishing 
under a DAS in the multispecies DAS program in the SNE regulated mesh 
area, is 6-inch (15.24-cm) square or diamond mesh throughout the entire 
net. This restriction does not apply to vessels that have not been 
issued a multispecies permit and that are fishing exclusively in state 
waters.
    (ii) Large Mesh vessels. When fishing in the SNE regulated mesh 
area, the minimum mesh size for any sink gillnet on a vessel, or used by 
a vessel, fishing under a DAS in the Large Mesh DAS program specified in 
Sec. 648.82(b) (6) and (7) is 7-inch (17.78-cm) diamond mesh throughout 
the entire net. The minimum mesh size for any trawl net on a vessel or 
used by a vessel fishing under a DAS in the Large Mesh DAS program is 8-
inch (20.32-cm) diamond mesh throughout the entire net. This restriction 
does not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 
ft (0.9 m), (9 ft\2\ (0.81 m\2\)), or to vessels that have not been 
issued a multispecies permit and that are fishing exclusively in state 
waters.
    (iii) Other gear and mesh exemptions. The minimum mesh size for any 
trawl net, sink gillnet, Scottish seine, midwater trawl, or purse seine 
in use or available for immediate use, as described under 
Sec. 648.23(b), by a vessel when not fishing under the NE multispecies 
DAS program and when fishing in the SNE regulated mesh area is specified 
under the exemptions set forth in paragraphs (b)(3), (c), (e), (h), and 
(i) of this section. Vessels that are not fishing in one of these 
exemption programs, with exempted gear (as defined under this part), or 
under the scallop state waters exemption specified in Sec. 648.54, or 
under a NE multispecies DAS, are prohibited from fishing in the SNE 
regulated mesh area.
    (3) Exemptions--(i) Species exemptions. Vessels subject to the 
minimum mesh size restrictions specified in paragraph (b)(2) of this 
section may fish for, harvest, possess, or land butterfish, dogfish, 
herring, mackerel, ocean pout, scup, shrimp, squid, summer flounder, 
silver hake, and weakfish with nets with a mesh size smaller than the 
minimum size specified in the SNE Regulated Mesh Area, provided such 
vessels comply with the requirements specified in paragraph (b)(3)(ii) 
of this section.
    (ii) Possession and net stowage requirements. Vessels may possess 
regulated species while in possession of nets with mesh smaller than the 
minimum size specified in paragraph (b)(2)(i) of this section, provided 
that such nets are stowed and are not available for immediate use in 
accordance with Sec. 648.23(b), and provided that regulated species were 
not harvested by nets of mesh size smaller than the minimum mesh size 
specified in paragraph (b)(2)(i) of this section. Vessels fishing for 
the exempted species identified in paragraph (b)(3)(i) of this section 
may also possess and retain the following species, with the restrictions 
noted, as incidental take to these exempted fisheries: Conger eels; 
searobins; black sea bass; red hake; tautog (blackfish); blowfish; 
cunner; John Dory; mullet; bluefish; tilefish; longhorn sculpin; 
fourspot flounder; alewife; hickory shad; American shad; blueback 
herring; sea ravens; Atlantic croaker; spot; swordfish; monkfish and 
monkfish parts--up to 10 percent, by weight, of all other species on 
board; American lobster--up to 10 percent, by weight, of all other 
species on board or 200 lobsters, whichever is less; and skate and skate 
parts--up to 10 percent, by weight, of all other species on board.
    (4) Addition or deletion of exemptions. Same as paragraph (a)(7) of 
this section.

[[Page 214]]

    (c) Mid-Atlantic (MA) Regulated Mesh Area--(1) Area definition. The 
MA Regulated Mesh Area (copies of a map depicting this area are 
available from the Regional Director upon request) is that area bounded 
on the east by a line running from the Rhode Island shoreline along 
71 deg.47.5' W. long. to its intersection with the 3-nm line, south 
along the 3-nm line to Montauk Point, southwesterly along the 3-nm line 
to the intersection of 72 deg.30' W. long., and south along that line to 
the intersection of the outer boundary of the EEZ.
    (2) Gear restrictions--(i) Minimum mesh size. Except as provided in 
paragraphs (c)(3) and (i) of this section, and unless otherwise 
restricted under paragraph (c)(2)(ii) of this section, the minimum mesh 
size for any trawl net, sink gillnet, Scottish seine, purse seine or 
midwater trawl not stowed or not unavailable for immediate use as 
described in Sec. 648.23(b), by a vessel fishing under a DAS in the NE 
multispecies DAS program in the MA Regulated Mesh Area shall be that 
specified at Sec. 648.104(a). This restriction does not apply to vessels 
that have not been issued a multispecies permit and that are fishing 
exclusively in state waters.
    (ii) Large mesh vessels. When fishing in the MA Regulated Mesh Area, 
the minimum mesh size for any sink gillnet on a vessel, or used by a 
vessel, fishing under a DAS in the Large Mesh DAS program specified in 
Sec. 648.82(b) (6) and (7) is 7-inch (17.78-cm) diamond mesh throughout 
the entire net. The minimum mesh size for any trawl net on a vessel, or 
used by a vessel, fishing under a DAS in the Large Mesh DAS program is 
8-inch (20.32-cm) diamond mesh throughout the net. This restriction does 
not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 ft\2\ (0.81 m\2\)), or to vessels that have not been issued 
a multispecies permit and that are fishing exclusively in state waters.
    (3) Net stowage exemption. Vessels may possess regulated species 
while in possession of nets with mesh smaller than the minimum size 
specified in paragraph (c)(2)(i) of this section, provided that such 
nets are stowed and are not available for immediate use in accordance 
with Sec. 648.23(b), and provided that regulated species were not 
harvested by nets of mesh size smaller than the minimum mesh size 
specified in paragraph (c)(2)(i) of this section.
    (4) Additional exemptions. The Regional Director may, using the 
process described in either paragraph (a)(7) (i) or (ii) of this 
section, authorize an exemption for a white hake fishery by vessels 
using regulated mesh or hook gear. Determination of the percentage of 
regulated species caught in such a fishery shall not include white hake.
    (d) Midwater trawl gear exemption. Fishing may take place throughout 
the fishing year with midwater trawl gear of mesh size less than the 
applicable minimum size specified in this section, provided that:
    (1) Midwater trawl gear is used exclusively;
    (2) When fishing under this exemption in the GOM/GB and SB/JL Areas, 
the vessel has on board a letter of authorization issued by the Regional 
Director;
    (3) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, mackerel, or squid in areas south of 
42 deg.20' N. lat.; and Atlantic herring, blueback herring, or mackerel 
in areas north of 42 deg.20' N. lat; and
    (4) The vessel does not fish for, possess, or land NE multispecies.
    (e) Purse seine gear exemption. Fishing may take place throughout 
the fishing year with purse seine gear of mesh size smaller than the 
applicable minimum size specified in this section, provided that:
    (1) The vessel uses purse seine gear exclusively;
    (2) When fishing under this exemption in the GOM/GB and SB/JL areas, 
the vessel has on board an authorizing letter issued by the Regional 
Director;
    (3) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, mackerel, or menhaden; and
    (4) The vessel does not fish for, possess, or land NE multispecies.
    (f) Mesh measurements--(1) Gillnets. Beginning October 15, 1996, 
mesh size of gillnet gear shall be measured by lining up five 
consecutive knots perpendicular to the float line and, with a ruler or 
tape measure, measuring ten consecutive measures on the diamond, inside 
knot to inside knot. The mesh

[[Page 215]]

shall be the average of the measurements of ten consecutive measures.
    (2) All other nets. With the exception of gillnets, mesh size shall 
be measured by a wedged-shaped gauge having a taper of 2 cm in 8 cm and 
a thickness of 2.3 mm, inserted into the meshes under a pressure or pull 
of 5 kg.
    (i) Square-mesh measurement. Square mesh in the regulated portion of 
the net is measured by placing the net gauge along the diagonal line 
that connects the largest opening between opposite corners of the 
square. The square mesh size is the average of the measurements of 20 
consecutive adjacent meshes from the terminus forward along the long 
axis of the net. The square mesh is measured at least five meshes away 
from the lacings of the net.
    (ii) Diamond-mesh measurement. Diamond mesh in the regulated portion 
of the net is measured running parallel to the long axis of the net. The 
mesh size is the average of the measurements of any series of 20 
consecutive meshes. The mesh is measured at least five meshes away from 
the lacings of the net.
    (g) Restrictions on gear and methods of fishing--(1) Net obstruction 
or constriction. A fishing vessel shall not use any device or material, 
including, but not limited to, nets, net strengtheners, ropes, lines, or 
chafing gear, on the top of a trawl net, except that one splitting strap 
and one bull rope (if present), consisting of line and rope no more than 
3 inches (7.62 cm) in diameter, may be used if such splitting strap and/
or bull rope does not constrict in any manner the top of the trawl net. 
``The top of the trawl net'' means the 50 percent of the net that (in a 
hypothetical situation) would not be in contact with the ocean bottom 
during a tow if the net were laid flat on the ocean floor. For the 
purpose of this paragraph (g)(1), head ropes are not considered part of 
the top of the trawl net.
    (2) Mesh obstruction or constriction. (i) A fishing vessel may not 
use any mesh configuration, mesh construction, or other means on or in 
the top of the net, as defined in paragraph (g)(1) of this section, if 
it obstructs the meshes of the net in any manner.
    (ii) A fishing vessel may not use a net capable of catching 
multispecies if the bars entering or exiting the knots twist around each 
other.
    (3) Pair trawl prohibition. No vessel may fish for NE multispecies 
while pair trawling, or possess or land NE multispecies that have been 
harvested by means of pair trawling.
    (h) Scallop vessels. (1) Except as provided in paragraph (h)(2) of 
this section, a scallop vessel that possesses a limited access scallop 
permit and either a multispecies combination vessel permit or a scallop 
multispecies possession limit permit, and that is fishing under a 
scallop DAS allocated under Sec. 648.53, may possess and land up to 300 
lb (136.1 kg) of regulated species, provided it has at least one 
standard tote on board, unless otherwise restricted by 
Sec. 648.86(a)(2).
    (2) Combination vessels fishing under a NE multispecies DAS are 
subject to the gear restrictions specified in Sec. 648.80 and may 
possess and land unlimited amounts of regulated species. Such vessels 
may simultaneously fish under a scallop DAS.
    (i) State waters winter flounder exemption. Any vessel issued a 
multispecies permit may fish for, possess, or land winter flounder while 
fishing with nets of mesh smaller than the minimum size specified in 
paragraphs (a)(2), (b)(2), and (c)(2) of this section, provided that:
    (1) The vessel has on board a certificate approved by the Regional 
Director and issued by the state agency authorizing the vessel's 
participation in the state's winter flounder fishing program and is in 
compliance with the applicable state laws pertaining to minimum mesh 
size for winter flounder.
    (2) Fishing is conducted exclusively in the waters of the state from 
which the certificate was obtained.
    (3) The state's winter flounder plan has been approved by the 
Commission as being in compliance with the Commission's winter flounder 
fishery management plan.
    (4) The state elects, by a letter to the Regional Director, to 
participate in the exemption program described by this section.
    (5) The vessel does not enter or transit the EEZ.

[[Page 216]]

    (6) The vessel does not enter or transit the waters of another 
state, unless such other state is participating in the exemption program 
described by this section and the vessel is enrolled in that state's 
program.
    (7) The vessel, when not fishing under the DAS program, does not 
fish for, possess, or land more than 500 lb (226.8 kg) of winter 
flounder, and has at least one standard tote on board.
    (8) The vessel does not fish for, possess, or land any species of 
fish other than winter flounder and the exempted small mesh species 
specified under paragraphs (a)(3)(i), (a)(8)(iii), (b)(3), and (c)(3) of 
this section when fishing in the areas specified under paragraphs 
(a)(3), (a)(8), (b)(1), and (c)(1) of this section, respectively. 
Vessels fishing under this exemption in New York and Connecticut state 
waters may also possess and retain skate as incidental take in this 
fishery.
    (9) The vessel complies with all other applicable requirements.



Sec. 648.81  Closed areas.

    (a) Closed Area I. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area I (copies 
of a map depicting this area are available from the Regional Director 
upon request), as defined by straight lines connecting the following 
points in the order stated, except as specified in paragraphs (a)(2) and 
(d) of this section:

                              Closed Area I                             
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
CI1...........................................   41 deg.30'   69 deg.23'
CI2...........................................   40 deg.45'   68 deg.45'
CI3...........................................   40 deg.45'   68 deg.30'
CI4...........................................   41 deg.30'   68 deg.30'
CI1...........................................   41 deg.30'   69 deg.23'
------------------------------------------------------------------------

    (2) Paragraph (a)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels--
    (i) Fishing with or using pot gear designed and used to take 
lobsters, or pot gear designed and used to take hagfish, and that have 
no other gear on board capable of catching NE multispecies; or
    (ii) Fishing with or using pelagic hook or longline gear or harpoon 
gear, provided that there is no retention of regulated species, and 
provided that there is no other gear on board capable of catching NE 
multispecies.
    (b) Closed Area II. (1) No fishing vessel or person on a fishing 
vessel may enter, fish, or be in the area known as Closed Area II 
(copies of a map depicting this area is available from the Regional 
Director upon request), as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraph 
(b)(2) of this section:

                             Closed Area II                             
------------------------------------------------------------------------
          Point                  N. Lat.                 W. Long.       
------------------------------------------------------------------------
ClI1....................  41 deg.00'             67 deg.20'             
ClI2....................  41 deg.00'             66 deg.35.8'           
G5......................  41 deg.18.6'           66 deg.24.8' (the U.S.-
                                                  Canada Maritime       
                                                  Boundary)             
ClI3....................  42 deg.22'             67 deg.20' (the U.S.-  
                                                  Canada Maritime       
                                                  Boundary)             
ClI1....................  41 deg.00'             67 deg.20'             
------------------------------------------------------------------------

    (2) Paragraph (b)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels fishing with gears as in paragraph 
(a)(2) (i) or (ii) of this section, or that are transitting the area, 
provided--
    (i) The operator has determined that there is a compelling safety 
reason; and
    (ii) The vessel's fishing gear is stowed in accordance with the 
requirements of paragraph (e) of this section.
    (c) Nantucket Lightship Closed Area. (1) No fishing vessel or person 
on a fishing vessel may enter, fish, or be in the area known as the 
Nantucket Lightship Closed Area (copies of a map depicting this area are 
available from the Regional Director upon request), as defined by 
straight lines connecting the following points in the order stated, 
except as specified in paragraphs (c)(2) and (d) of this section:

                     Nantucket Lightship Closed Area                    
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
G10...........................................   40 deg.50'   69 deg.00'
CN1...........................................   40 deg.20'   69 deg.00'
CN2...........................................   40 deg.20'   70 deg.20'
CN3...........................................   40 deg.50'   70 deg.20'
G10...........................................   40 deg.50'   69 deg.00'
------------------------------------------------------------------------



[[Page 217]]

    (2) Paragraph (c)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels--
    (i) Fishing with gear as in paragraph (a)(2) (i) or (ii) of this 
section;
    (ii) Fishing with or using dredge gear designed and used to take 
surf clams or ocean quahogs, and that have no other gear on board 
capable of catching NE multispecies; or
    (iii) Classified as charter, party or recreational vessel, provided 
that--
    (A) If the vessel is a party or charter vessel, it has a letter of 
authorization issued by the Regional Director on board;
    (B) Fish harvested or possessed by the vessel are not sold or 
intended for trade, barter or sale, regardless of where the fish are 
caught; and
    (C) The vessel has no gear other than rod and reel or handline gear 
on board.
    (d) Transitting. Vessels may transit Closed Area I, the Nantucket 
Lightship Closed Area, the NE Closure Area, the Mid-coast Closure Area, 
and the Massachusetts Bay Closure Area, as defined in paragraphs (a)(1), 
(c)(1), (f)(1), (g)(1), and (h)(1), respectively, of this section, 
provided that their gear is stowed in accordance with the provisions of 
paragraph (e) of this section.
    (e) Gear stowage requirements. Vessels transitting the closed areas 
must stow their gear as follows:
    (1) Nets. In accordance with one of the methods specified in 
Sec. 648.23(b) and capable of being shown not to have been in recent 
use.
    (2) Scallop dredges. The towing wire is detached from the scallop 
dredge, the towing wire is reeled up onto the winch, and the dredge is 
secured and covered so that it is rendered unusable for fishing.
    (3) Hook gear (other than pelagic). All anchors and buoys are 
secured and all hook gear, including jigging machines, is covered.
    (4) Sink gillnet gear. All nets are covered with canvas or other 
similar material and lashed or otherwise securely fastened to the deck 
or rail, and all buoys larger than 6 inches (15.24 cm) in diameter, high 
flyers, and anchors are disconnected.
    (f) NE Closure Area. (1) From August 15 through September 13, no 
fishing vessel or person on a fishing vessel may enter, fish, or be, and 
no fishing gear capable of catching NE multispecies, unless otherwise 
allowed in this part may be, in the area known as the NE Closure Area 
(copies of a map depicting this area are available from the Regional 
Director upon request), as defined by straight lines connecting the 
following points in the order stated, except as specified in paragraphs 
(d) and (f)(2) of this section:

                         Northeast Closure Area                         
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
NE1...........................................        (\1\)  68 deg.55.0
                                                                       '
NE2...........................................  43 deg.29.6             
                                                          '  68 deg.55.0
                                                                       '
NE3...........................................  44 deg.04.4             
                                                          '  67 deg.48.7
                                                                       '
NE4...........................................  44 deg.06.9             
                                                          '  67 deg.52.8
                                                                       '
NE5...........................................  44 deg.31.2             
                                                          '  67 deg.02.7
                                                                       '
NE6...........................................        (\1\)  67 deg.02.7
                                                                      ' 
------------------------------------------------------------------------
\1\ Maine shoreline.                                                    

    (2) Paragraph (f)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels:
    (i) That have not been issued a multispecies permit and that are 
fishing exclusively in state waters;
    (ii) That are fishing with or using exempted gear as defined under 
this part, excluding midwater trawl gear, provided that there is no 
other gear on board capable of catching NE multispecies; or
    (iii) That are classified as charter, party, or recreational.
    (g) Mid-coast Closure Area. (1) From November 1 through December 31, 
no fishing vessel or person on a fishing vessel may enter, fish, or be, 
and no fishing gear capable of catching multispecies, unless otherwise 
allowed in this part, may be in the area known as the Mid-coast Closure 
Area, as defined by straight lines connecting the following points in 
the order stated, except as specified in paragraphs (d) and (g)(2) of 
this section (copies of a map depicting this area are available from the 
Regional Director upon request):

                         Mid-Coast Closure Area                         
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
MC1...........................................   42 deg.30'        (\1\)
MC2...........................................   42 deg.30'   70 deg.15'
MC3...........................................   42 deg.40'   70 deg.15'
MC4...........................................   42 deg.40'   70 deg.00'
MC5...........................................   43 deg.00'   70 deg.00'
MC6...........................................   43 deg.00'   69 deg.30'
MC7...........................................   43 deg.15'   69 deg.30'
MC8...........................................   43 deg.15'   69 deg.00'

[[Page 218]]

                                                                        
MC9...........................................        (\2\)  69 deg.00'W
                                                                        
------------------------------------------------------------------------
\1\ Massachusetts shoreline.                                            
\2\ Maine shoreline.                                                    

    (2) Paragraph (g)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraph 
(f)(2)(i), (ii), or (iii) of this section.
    (h) Massachusetts Bay Closure Area. (1) During the period March 1 
through March 30, no fishing vessel or person on a fishing vessel may 
enter, fish, or be in; and no fishing gear capable of catching NE 
multispecies, unless otherwise allowed in this part, may be in the area 
known as the Massachusetts Bay Closure Area (copies of a map depicting 
this area are available from the Regional Director upon request), as 
defined by straight lines connecting the following points in the order 
stated, except as specified in paragraphs (d) and (h)(2) of this 
section:

                     Massachusetts Bay Closure Area                     
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
MB1...........................................   42 deg.30'        (\1\)
MB2...........................................   42 deg.30'   70 deg.30'
MB3...........................................   42 deg.12'   70 deg.30'
MB4...........................................   42 deg.12'   70 deg.00'
MB5...........................................        (\2\)   70 deg.00'
MB6...........................................   42 deg.00'        (\2\)
MB7...........................................   42 deg.00'        (\1\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.                                            
\2\ Cape Cod shoreline.                                                 

    (2) Paragraph (h)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraph 
(f)(2)(i), (ii), or (iii) of this section.



Sec. 648.82  Effort-control program for limited access vessels.

    (a) General. A vessel issued an limited access multispecies permit 
may not fish for, possess, or land regulated species, except during a 
DAS as allocated under and in accordance with the applicable DAS program 
described in this section, unless otherwise provided in these 
regulations.
    (b) DAS program--permit categories, allocations and initial 
assignments to categories. Beginning with the 1996 fishing year, all 
limited access multispecies permit holders shall be assigned to one of 
the following DAS permit categories according to the criteria specified. 
Permit holders may request a change in permit category for the 1996 
fishing year and all fishing years thereafter, as specified in 
Sec. 648.4(a)(1)(i)(I)(2). Each fishing year shall begin on May 1 and 
extend through April 30 of the following year.
    (1) Individual DAS category--(i) DAS allocation. A vessel fishing 
under the individual DAS category shall be allocated 65 percent of its 
initial 1994 allocation baseline, as established under Amendment 5 to 
the NE Multispecies FMP, for the 1996 fishing year and 50 percent of its 
initial allocation baseline for the 1997 fishing year and beyond, as 
calculated under paragraph (d)(1) of this section.
    (ii) Initial assignment. Any vessel issued a valid limited access 
multispecies individual DAS permit, including any vessel also issued a 
limited access multispecies gillnet permit, as of July 1, 1996, shall be 
initially assigned to the individual DAS category.
    (2) Fleet DAS category--(i) DAS allocation. A vessel fishing under 
the fleet DAS category shall be allocated 116 DAS (139 DAS multiplied by 
the proration factor of 0.83) for the 1996 fishing year and 88 DAS for 
the 1997 fishing year and beyond.
    (ii) Initial assignment. Any vessel issued a valid fleet DAS permit, 
including any vessel also issued a limited access multispecies gillnet 
permit; limited access multispecies hook-gear permit; limited access 
multispecies gillnet permit that has not also been issued a DAS permit; 
or a limited access multispecies small vessel (less than or equal to 45 
ft (13.7 m)) permit and that is larger than 20 ft (6.1 m) in length as 
determined by its most recent permit application, as of July 1, 1996, 
shall be initially assigned to the fleet DAS category.
    (3) Small vessel category--(i) DAS allocation. A vessel qualified 
and electing to fish under the small vessel category may retain cod, 
haddock, and yellowtail flounder, combined up to 300 lb (136.1 kg) per 
trip without being subject to DAS restrictions. Such a vessel is not 
subject to a possession limit for other NE multispecies.

[[Page 219]]

    (ii) Initial assignment. A vessel issued a valid limited access 
multispecies permit and fishing under the small vessel category (less 
than or equal to 45 ft (13.7 m)) permit as of July 1, 1996, and that is 
20 ft (6.1 m) or less in length as determined by the vessel's last 
application for a permit, shall be initially assigned to the small 
vessel category. Any other vessel may elect to switch into this 
category, as provided for in Sec. 648.4(a)(1)(i)(I)(2), if such vessel 
meets or complies with the following:
    (A) The vessel is 30 ft (9.1 m) or less in length overall as 
determined by measuring along a horizontal line drawn from a 
perpendicular raised from the outside of the most forward portion of the 
stem of the vessel to a perpendicular raised from the after most portion 
of the stern.
    (B) If construction of the vessel was begun after May 1, 1994, the 
vessel must be constructed such that the quotient of the overall length 
divided by the beam is not less than 2.5.
    (C) Acceptable verification for vessels 20 ft (6.1 m) or less in 
length shall be USCG documentation or state registration papers. For 
vessels over 20 ft (6.1 m) in length, the measurement of length must be 
verified in writing by a qualified marine surveyor, or the builder, 
based on the vessel's construction plans, or by other means determined 
acceptable by the Regional Director. A copy of the verification must 
accompany an application for a multispecies permit.
    (D) Adjustments to the small vessel category requirements, including 
changes to the length requirement, if required to meet fishing mortality 
goals, may be made by the Regional Director following framework 
procedures of Sec. 648.90.
    (4) Hook-gear category--(i) DAS allocation. Any vessel issued a 
valid limited access multispecies hook-gear permit shall be allocated 
116 DAS (139 DAS multiplied by the proration factor of 0.83) for the 
1996 fishing year and 88 DAS for the 1997 fishing year, and beyond. A 
vessel fishing under this category in the DAS program must meet or 
comply with the following while fishing for, in possession of, or 
landing, regulated species:
    (A) Vessels, and persons on such vessels, are prohibited from 
possessing gear other than hook gear on board the vessel.
    (B) Vessels, and persons on such vessels, are prohibited from 
fishing, setting, or hauling back, per day, or possessing on board the 
vessel, more than 4,500 rigged hooks. An unbaited hook and gangion that 
has not been secured to the ground line of the trawl on board a vessel 
is deemed to be a replacement hook and is not counted toward the 4,500-
hook limit. A ``snap-on'' hook is deemed to be a replacement hook if it 
is not rigged or baited.
    (ii) Initial assignment. No vessel shall be initially assigned to 
the hook-gear category. Any vessel that meets the qualifications 
specified in Sec. 648.4(a)(1)(ii) may apply for and obtain a permit to 
fish under this category.
    (5) Combination vessel category--(i) DAS allocation. A vessel 
fishing under the combination vessel category shall be allocated 65 
percent of its initial 1994 allocation baseline, as established under 
Amendment 5 to the FMP, for the 1996 fishing year and 50 percent of its 
initial allocation baseline for the 1997 fishing year and beyond, as 
calculated under paragraph (d)(1) of this section.
    (ii) Initial assignment. A vessel issued a valid limited access 
multispecies permit qualified to fish as a combination vessel as of July 
1, 1996, shall be assigned to the combination vessel category.
    (6) Large Mesh Individual DAS category--(i) DAS allocation. A vessel 
fishing under the large mesh individual DAS category shall be allocated 
a DAS increase of 12 percent in year one and of 36 percent in year two 
beyond the DAS allocations specified in paragraph (b)(1)(i) of this 
section (this includes the proration factor for 1996). To be eligible to 
fish under the large mesh individual DAS category, a vessel while 
fishing under this category must fish with gillnet gear with a minimum 
mesh size of 7-inch (17.78-cm) diamond mesh or with trawl gear with a 
minimum mesh size of 8-inch (20.32-cm) diamond mesh, as described under 
Sec. 648.80 (a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).
    (ii) Initial assignment. No vessel shall be initially assigned to 
the large mesh

[[Page 220]]

individual DAS category. Any vessel that is initially assigned to the 
individual DAS, fleet DAS, or small vessel category may request and be 
granted a switch into this category as specified in 
Sec. 648.4(a)(1)(i)(I)(2).
    (7) Large Mesh Fleet DAS category--(i) DAS allocation. A vessel 
fishing under the large mesh fleet DAS category shall be allocated 129 
DAS (155 DAS multiplied by the proration factor of 0.83) for the 1996 
fishing year and 120 DAS for the 1997 fishing year, and beyond. To be 
eligible to fish under the large mesh fleet DAS category, a vessel while 
fishing under this category must fish with gillnet gear with a minimum 
mesh size of 7-inch (17.78-cm) diamond mesh or with trawl gear with a 
minimum mesh size of 8-inch (20.32-cm) diamond mesh, as described under 
Sec. 648.80 (a)(2)(ii), (b)(2)(ii), and (c)(2)(ii).
    (ii) Initial assignment. No vessel shall be initially assigned to 
the large mesh fleet DAS category. Any vessel that is initially assigned 
to the individual DAS, fleet DAS, or small vessel category may request 
and be granted a switch into this category as specified in 
Sec. 648.4(a)(1)(i)(I)(2).
    (c) 1996 DAS appeals. (1) Previously exempted vessels. A vessel that 
was issued a valid 1995 limited access multispecies permit, and that has 
been fishing under the small vessel (less than or equal to 45 ft (13.7 
m)), hook-gear, or gillnet categories, is eligible to appeal its 
allocation of DAS, if it has not previously done so, as described under 
paragraph (d)(2) of this section. Each vessel's initial allocation of 
DAS will be considered to be 176 DAS for purposes of this appeal (i.e., 
the fleet DAS category baseline prior to the 1996-1997 reductions).
    (2) Exempted gillnet vessels that held an individual DAS permit. A 
vessel that was issued a valid 1995 limited access multispecies permit 
and that has been fishing under both the gillnet and individual DAS 
categories, is eligible to appeal its allocation of gillnet DAS, as 
described under paragraph (d)(2) of this section. Each vessel's initial 
allocation of DAS will be considered to be 176 DAS for purposes of this 
appeal (i.e., the fleet DAS category baseline prior to the 1996-1997 
reductions).
    (d) Individual DAS allocations--(1) Calculation of a vessel's 
individual DAS. The DAS assigned to a vessel for purposes of determining 
that vessel's annual allocation under the individual DAS program is 
calculated as follows:
    (i) Count the total number of the vessel's NE multispecies DAS for 
the years 1988, 1989, and 1990. NE multispecies DAS are deemed to be the 
total number of days the vessel was absent from port for a trip where 
greater than 10 percent of the vessel's total landings were comprised of 
regulated species, minus any days for such trips in which a scallop 
dredge was used;
    (ii) Exclude the year of least NE multispecies DAS; and
    (iii) If 2 years of multispecies DAS are remaining, average those 
years' DAS; or
    (iv) If only 1 year remains, use that year's DAS.
    (2) Appeal of DAS allocation. (i) Initial allocations of individual 
DAS to those vessels authorized to appeal under paragraph (c) of this 
section may be appealed to the Regional Director if a request to appeal 
is received by the Regional Director no later than July 31, 1996, or 30 
days after the initial allocation is made, whichever is later. Any such 
appeal must be in writing and be based on one or more of the following 
grounds:
    (A) The information used by the Regional Director was based on 
mistaken or incorrect data.
    (B) The applicant was prevented by circumstances beyond his/her 
control from meeting relevant criteria.
    (C) The applicant has new or additional information.
    (ii) The Regional Director will appoint a designee who will make an 
initial decision on the written appeal.
    (iii) If the applicant is not satisfied with the initial decision, 
the applicant may request that the appeal be presented at a hearing 
before an officer appointed by the Regional Director.
    (iv) The hearing officer shall present his/her findings to the 
Regional Director and the Regional Director will make a decision on the 
appeal. The Regional Director's decision on this appeal is the final 
administrative decision of the Department of Commerce.

[[Page 221]]

    (3) Status of vessels pending appeal of DAS allocations. While a 
vessel's individual DAS allocation is under appeal, the vessel may fish 
under the fleet DAS category until the Regional Director has made a 
final determination on the appeal. Any DAS spent fishing for regulated 
species by a vessel while that vessel's initial DAS allocation is under 
appeal, shall be counted against any DAS allocation that the vessel may 
ultimately receive.
    (e) Accrual of DAS. Same as Sec. 648.53(e).
    (f) Good Samaritan credit. Same as Sec. 648.53(f).
    (g) Spawning season restrictions. A vessel issued a valid small 
vessel permit under paragraph (b)(3) of this section may not fish for, 
possess, or land regulated species from March 1 through March 20 of each 
year. Any other vessel issued a limited access multispecies permit must 
declare out and be out of the regulated NE multispecies for a 20-day 
period between March 1 and May 31 of each fishing year using the 
notification requirements specified in Sec. 648.10. If a vessel owner 
has not declared and been out for a 20-day period between March 1 and 
May 31 of each fishing year on or before May 12 of each such year, the 
vessel is prohibited from fishing for, possessing or landing any 
regulated species after May 11 of such year for the number of days 
needed to fulfill the 20-day requirement.
    (h) Declaring DAS and 20-day blocks. A vessel's owner or authorized 
representative shall notify the Regional Director of a vessel's 
participation in the DAS program and declaration of its 20-day out 
period of the NE multispecies fishery, using the notification 
requirements specified in Sec. 648.10.
    (i) Adjustments in annual DAS allocations. Adjustments in annual DAS 
allocations, if required to meet fishing mortality goals, may be made by 
the Regional Director following the framework procedures of Sec. 648.90.



Sec. 648.83  Minimum fish sizes.

    (a) Minimum fish sizes. (1) Minimum fish sizes for recreational 
vessels and charter/party vessels that are not fishing under a NE 
multispecies DAS are specified in Sec. 648.89. All other vessels are 
subject to the following minimum fish sizes (TL):

                         Minimum Fish Sizes (TL)                        
------------------------------------------------------------------------
                         Species                           Size (Inches)
------------------------------------------------------------------------
Cod.....................................................    19 (48.3 cm)
Haddock.................................................    19 (48.3 cm)
Pollock.................................................    19 (48.3 cm)
Witch flounder (gray sole)..............................    14 (35.6 cm)
Yellowtail flounder.....................................    13 (33.0 cm)
American plaice (dab)...................................    14 (35.6 cm)
Winter flounder (blackback).............................   12 (30.48 cm)
Redfish.................................................     9 (22.9 cm)
------------------------------------------------------------------------

    (2) The minimum fish size applies to the whole fish or to any part 
of a fish while possessed on board a vessel, except as provided in 
paragraph (b) of this section, and to whole fish only, after landing. 
Fish or parts of fish must have skin on while possessed on board a 
vessel and at the time of landing in order to meet minimum size 
requirements. ``Skin on'' means the entire portion of the skin normally 
attached to the portion of the fish or fish parts possessed.
    (b) Exceptions. (1) Each person aboard a vessel issued a limited 
access permit and fishing under the DAS program may possess up to 25 lb 
(11.3 kg) of fillets that measure less than the minimum size, if such 
fillets are from legal-sized fish and are not offered or intended for 
sale, trade, or barter.
    (2) Recreational, party, and charter vessels may possess fillets 
less than the minimum size specified, if the fillets are taken from 
legal-sized fish and are not offered or intended for sale, trade or 
barter.
    (3) Vessels fishing exclusively with pot gear may possess 
multispecies frames used, or to be used, as bait that measure less than 
the minimum fish size, if there is a receipt for purchase of those 
frames on board the vessel.
    (c) Adjustments. (1) At any time when information is available, the 
NEFMC will review the best available mesh selectivity information to 
determine the appropriate minimum size for the species listed in 
paragraph (a) of this section, except winter flounder, according to the 
length at which 25 percent of the regulated species would be retained by 
the applicable minimum mesh size.
    (2) Upon determination of the appropriate minimum sizes, the NEFMC 
shall propose the minimum fish sizes to be implemented following the 
procedures specified in Sec. 648.90.

[[Page 222]]

    (3) Additional adjustments or changes to the minimum fish sizes 
specified in paragraph (a) of this section, and exemptions as specified 
in paragraph (b) of this section, may be made at any time after 
implementation of the final rule as specified under Sec. 648.90.

[61 FR 34968, July 3, 1996, as amended at 61 FR 49277, Sept. 19, 1996]



Sec. 648.84  Gear-marking requirements and gear restrictions.

    (a) Bottom-tending fixed gear, including, but not limited to 
gillnets and longlines, designed for, capable of, or fishing for NE 
multispecies must have the name of the owner or vessel, or the official 
number of that vessel permanently affixed to any buoys, gillnets, 
longlines, or other appropriate gear so that the name of the owner or 
vessel or official number of the vessel is visible on the surface of the 
water.
    (b) Bottom-tending fixed gear, including, but not limited to 
gillnets or longline gear, must be marked so that the westernmost end 
(measuring the half compass circle from magnetic south through west to, 
and including, north) of the gear displays a standard 12-inch (30.5-cm) 
tetrahedral corner radar reflector and a pennant positioned on a staff 
at least 6 ft (1.8 m) above the buoy. The easternmost end (meaning the 
half compass circle from magnetic north through east to, and including, 
south) of the gear need display only the standard 12-inch (30.5-cm) 
tetrahedral radar reflector positioned in the same way.
    (c) Continuous gillnets must not exceed 6,600 ft (2,011.7 m) between 
the end buoys.
    (d) In the GOM/GB regulated mesh area specified in Sec. 648.80(a), 
gillnet gear set in an irregular pattern or in any way that deviates 
more than 30 deg. from the original course of the set must be marked at 
the extremity of the deviation with an additional marker, which must 
display two or more visible streamers and may either be attached to or 
independent of the gear.



Sec. 648.85  Flexible Area Action System.

    (a) The Chair of the Multispecies Oversight Committee, upon learning 
of the presence of discard problems associated with large concentrations 
of juvenile, sublegal, or spawning multispecies, shall determine if the 
situation warrants further investigation and possible action. In making 
this determination, the Committee Chair shall consider the amount of 
discard of regulated species, the species targeted, the number and types 
of vessels operating in the area, the location and size of the area, and 
the resource condition of the impacted species. If he/she determines it 
is necessary, the Committee Chair will request the Regional Director to 
initiate a fact finding investigation to verify the situation and 
publish notification in the Federal Register requesting public comments 
in accordance with the procedures therefor in Amendment 3 to the NE 
Multispecies FMP.
    (b) After examining the facts, the Regional Director shall, within 
the deadlines specified in Amendment 3, provide the technical analysis 
required by Amendment 3.
    (c) The NEFMC shall prepare an economic impact analysis of the 
potential management options under consideration within the deadlines 
specified in Amendment 3.
    (d) Copies of the analysis and reports prepared by the Regional 
Director and the NEFMC shall be made available for public review at the 
NEFMC's office and the Committee shall hold a meeting/public hearing, at 
which time it shall review the analysis and reports and request public 
comments. Upon review of all available sources of information, the 
Committee shall determine what course of action is warranted by the 
facts and make a recommendation, consistent with the provisions of 
Amendment 3 to the Regional Director.
    (e) By the deadline set in Amendment 3 the Regional Director shall 
either accept or reject the Committee's recommendation. If the 
recommended action is consistent with the record established by the 
fact-finding report, impact analysis, and comments received at the 
public hearing, he/she shall accept the Committee's recommendation and 
implement it through notification in the Federal

[[Page 223]]

Register and by notice sent to all vessel owners holding multispecies 
permits. The Regional Director shall also use other appropriate media, 
including, but not limited to, mailings to the news media, fishing 
industry associations and radio broadcasts, to disseminate information 
on the action to be implemented.
    (f) Once implemented, the Regional Director shall monitor the 
affected area to determine if the action is still warranted. If the 
Regional Director determines that the circumstances under which the 
action was taken, based on the Regional Director's report, the NEFMC's 
report, and the public comments, are no longer in existence, he/she 
shall terminate the action by notification in the Federal Register.
    (g) Actions taken under this section will ordinarily become 
effective upon the date of filing with the Office of the Federal 
Register. The Regional Director may determine that facts warrant a 
delayed effective date.



Sec. 648.86  Possession restrictions.

    (a) Haddock--(1) NE multispecies DAS vessels. A vessel issued a 
limited access multispecies permit that is fishing under a NE 
multispecies DAS may land or possess on board up to 1,000 lb (453.6 kg) 
of haddock provided it has at least one standard tote on board. Haddock 
on board a vessel subject to this possession limit must be separated 
from other species of fish and stored so as to be readily available for 
inspection.
    (2) Scallop dredge vessels. (i) No person owning or operating a 
scallop dredge vessel issued a multispecies permit may land haddock 
from, or possess haddock on board, a scallop dredge vessel, from January 
1 through June 30.
    (ii) No person owning or operating a scallop dredge vessel without a 
multispecies permit may possess haddock in, or harvested from, the EEZ, 
from January 1 through June 30.
    (iii) From July 1 through December 31, scallop dredge vessel or 
persons owning or operating a scallop dredge vessel that is fishing 
under a scallop DAS allocated under Sec. 648.53 may land or possess on 
board up to 300 lb (136.1 kg) of haddock provided the vessel has at 
least one standard tote on board. Haddock on board a vessel subject to 
this possession limit must be separated from other species of fish and 
stored so as to be readily available for inspection.
    (b) Winter flounder. A vessel issued a limited access multispecies 
permit that is fishing in the MA regulated mesh area and is not fishing 
under a NE multispecies DAS, may land, or possess on board, winter 
flounder up to 10 percent, by weight, of all other species on board, or 
200 lb (90.7 kg), whichever is less. Winter flounder on board a vessel 
subject to this possession limit must be separated from other species of 
fish and stored so as to be readily available for inspection in standard 
totes.
    (c) Other possession restrictions. Vessels are subject to any other 
applicable possession limit restrictions of this part.



Sec. 648.87  Sink gillnet requirements to reduce harbor porpoise takes.

    (a) Areas closed to sink gillnets. Section 648.81(f) through (h) 
sets forth closed area restrictions to reduce the take of harbor 
porpoise consistent with the harbor porpoise mortality reduction goals.
    (b) Additional areas closed to sink gillnets. All persons owning or 
operating vessels must remove all of their sink gillnet gear from, and 
may not use, set, haul back, fish with, or possess on board, unless 
stowed in accordance with the requirements of Sec. 648.23(b), a sink 
gillnet in the EEZ portion of the areas and for the times specified in 
paragraphs (b)(1) and (2) of this section, and all persons owning or 
operating vessels issued a limited access multispecies permit must 
remove all of their sink gillnet gear from, and may not use, set, haul 
back, fish with, or possess on board, unless stowed in accordance with 
the requirements of Sec. 648.23(b), a sink gillnet in the EEZ portion of 
the areas and for the times specified in paragraphs (b)(1) and (2) of 
this section.
    (1) Mid-coast Closure Area. From March 25 through April 25 and from 
September 15 through October 31 of each fishing year, the restrictions 
and requirements specified in paragraph (b) of this section apply to the 
Mid-coast

[[Page 224]]

Closure Area, as defined under Sec. 648.81(g)(1).
    (2) Cape Cod South Closure Area. From March 1 through March 30 of 
each fishing year, the restrictions and requirements specified in 
paragraph (b) of this section apply to the Cape Cod South Closure Area 
(copies of a chart depicting this area are available from the Regional 
Director upon request), which is the area bounded by straight lines 
connecting the following points in the order stated.

                       Cape Cod South Closure Area                      
------------------------------------------------------------------------
                     Point                        N. Lat.      W. Long. 
------------------------------------------------------------------------
CCS1..........................................        (\1\)   71 deg.45'
                                                                       W
CCS2..........................................   40 deg.40'             
                                                          N   71 deg.45'
                                                                       W
CCS3..........................................   40 deg.40'             
                                                          N   70 deg.30'
                                                                       W
CCS4..........................................        (\2\)   70 deg.30'
                                                                      W 
------------------------------------------------------------------------
\1\ RI shoreline.                                                       
\2\ MA shoreline.                                                       

    (c) Framework adjustment. (1) At least annually, the Regional 
Director will provide the NEFMC with the best available information on 
the status of Gulf of Maine harbor porpoise, including estimates of 
abundance and estimates of bycatch in the sink gillnet fishery. Within 
60 days of receipt of that information, the NEFMC's HPRT shall complete 
a review of the data, assess the adequacy of existing regulations, 
evaluate the impacts of other measures that reduce harbor porpoise take 
and, if necessary, recommend additional measures in light of the NEFMC's 
harbor porpoise mortality reduction goals. In addition, the HPRT shall 
make a determination on whether other conservation issues exist that 
require a management response to meet the goals and objectives outlined 
in the NE Multispecies FMP. The HPRT shall report its findings and 
recommendations to the NEFMC.
    (2) After receiving and reviewing the HPRT's findings and 
recommendations, the NEFMC shall determine whether adjustments or 
additional management measures are necessary to meet the goals and 
objectives of the NE Multispecies FMP. If the NEFMC determines that 
adjustments or additional management measures are necessary, or at any 
other time in consultation with the HPRT, it shall develop and analyze 
appropriate management actions over the span of at least two NEFMC 
meetings.
    (3) The NEFMC may request, at any time, that the HPRT review and 
make recommendations on any harbor porpoise take reduction measures or 
develop additional take reduction proposals.
    (4) The NEFMC shall provide the public with advance notice of the 
availability of the proposals, appropriate rationale, economic and 
biological analyses, and opportunity to comment on them prior to and at 
the second NEFMC meeting. The NEFMC's recommendation on adjustments or 
additions to management measures must come from one or more of the 
categories specified under Sec. 648.90(b)(1).
    (5) If the NEFMC recommends that the management measures should be 
issued as a final rule, the NEFMC must consider at least the factors 
specified in Sec. 648.90(b)(2).
    (6) The Regional Director may accept, reject, or with NEFMC 
approval, modify the NEFMC's recommendation, including the NEFMC's 
recommendation to issue a final rule, as specified under 
Sec. 648.90(b)(3).

[61 FR 34968, July 3, 1996, as amended at 61 FR 47828, Sept. 11, 1996]



Sec. 648.88  Open access permit restrictions.

    (a) Handgear permit. A vessel issued a valid open access 
multispecies handgear permit is subject to the following restrictions:
    (1) The vessel may possess and land up to 300 lb (136.1 kg) of cod, 
haddock, and yellowtail flounder, combined, per trip, and unlimited 
amounts of the other NE multispecies, provided that it does not use or 
possess on board gear other than rod and reel or handlines while in 
possession of, fishing for, or landing NE multispecies, and provided it 
has at least one standard tote on board.
    (2) A vessel may not fish for, possess, or land regulated species 
from March 1 through March 20 of each year.
    (b) Charter/party permit. A vessel that has been issued a valid open 
access multispecies charter/party permit is subject to the restrictions 
on gear, recreational minimum fish sizes and prohibitions on sale 
specified in Sec. 648.89,

[[Page 225]]

and any other applicable provisions of this part.
    (c) Scallop multispecies possession limit permit. A vessel that has 
been issued a valid open access scallop multispecies possession limit 
permit may possess and land up to 300 lb (136.1 kg) of regulated species 
when fishing under a scallop DAS allocated under Sec. 648.53, provided 
the vessel does not fish for, possess, or land haddock from January 1 
through June 30 as specified under Sec. 648.86(a)(2)(i), and provided 
the vessel has at least one standard tote on board.
    (d) A vessel issued a valid open access nonregulated multispecies 
permit may possess and land nonregulated multispecies. The vessel is 
subject to restrictions on gear, area, and time of fishing specified in 
Sec. 648.80 and any other applicable provisions of this part.

[61 FR 34968, July 3, 1996, as amended at 61 FR 39910, July 31, 1996]



Sec. 648.89  Recreational and charter/party restrictions.

    (a) Recreational gear restrictions. Persons aboard charter or party 
vessels permitted under this part and not fishing under the DAS program, 
and recreational fishing vessels in the EEZ, are prohibited from fishing 
with more than two hooks per line and one line per angler and must stow 
all other fishing gear on board the vessel as specified under 
Secs. 648.23(b) and 648.81(e) (2), (3), and (4).
    (b) Recreational minimum fish sizes--(1) Minimum fish sizes. Persons 
aboard charter or party vessels permitted under this part and not 
fishing under the DAS program, and recreational fishing vessels in the 
EEZ, are subject to minimum fish sizes (TL) as follows:

                         Minimum Fish Sizes (TL)                        
------------------------------------------------------------------------
                                                      Inches            
                 Species                 -------------------------------
                                               1996            1997+    
------------------------------------------------------------------------
Cod.....................................    20 (50.8 cm)    21 (53.3 cm)
Haddock.................................    20 (50.8 cm)    21 (53.3 cm)
Pollock.................................    19 (48.3 cm)    19 (48.3 cm)
Witch flounder (gray sole)..............    14 (35.6 cm)    14 (35.6 cm)
Yellowtail flounder.....................    13 (33.0 cm)    13 (33.0 cm)
American plaice (dab)...................    14 (35.6 cm)    14 (35.6 cm)
Winter flounder (blackback).............    12 (30.5 cm)    12 (30.5 cm)
Redfish.................................     9 (22.9 cm)     9 (22.9 cm)
------------------------------------------------------------------------

    (2) Exception. Vessels may possess fillets less than the minimum 
size specified, if the fillets are taken from legal-sized fish and are 
not offered or intended for sale, trade or barter.
    (c) Possession restrictions. Each person on a recreational vessel 
may not possess more than 10 cod and/or haddock, combined, in or 
harvested from the EEZ.
    (1) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing fillet number by two. If 
fish are filleted into a single (butterfly) fillet, such fillet shall be 
deemed to be from one whole fish.
    (2) Cod and haddock harvested by recreational vessels with more than 
one person aboard may be pooled in one or more containers. Compliance 
with the possession limit will be determined by dividing the number of 
fish on board by the number of persons aboard. If there is a violation 
of the possession limit on board a vessel carrying more than one person, 
the violation shall be deemed to have been committed by the owner and 
operator.
    (3) Cod and haddock must be stored so as to be readily available for 
inspection.
    (d) Restrictions on sale. It is unlawful to sell, barter, trade, or 
otherwise transfer for a commercial purpose, or to attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose, NE 
multispecies caught or landed by charter or party vessels permitted 
under this part not fishing under a DAS or a recreational fishing 
vessels fishing in the EEZ.



Sec. 648.90  Framework specifications.

    (a) Annual review. The Multispecies Monitoring Committee (MSMC) 
shall meet on or before November 15 of each year to develop target TACs 
for the upcoming fishing year and options for NEFMC consideration on any 
changes, adjustment or additions to DAS allocations, closed areas, or 
other measures necessary to achieve the NE Multispecies FMP goals and 
objectives.
    (1) The MSMC shall review available data pertaining to: Catch and 
landings, DAS and other measures of fishing effort, survey results, 
stock status, current estimates of fishing mortality, and any other 
relevant information.

[[Page 226]]

    (2) Based on this review, the MSMC shall recommend target TACs and 
develop options necessary to achieve the FMP goals and objectives, which 
may include a preferred option. The MSMC must demonstrate through 
analysis and documentation that the options it develops are expected to 
meet the NE Multispecies FMP goals and objectives. The MSMC may review 
the performance of different user groups or fleet sectors in developing 
options. The range of options developed by the MSMC may include any of 
the management measures in the NE Multispecies FMP, including, but not 
limited to: Annual target TACs, which must be based on the projected 
fishing mortality levels required to meet the goals and objectives 
outlined in the NE Multispecies FMP for the 10 regulated species; DAS 
changes; possession limits; gear restrictions; closed areas; permitting 
restrictions; minimum fish sizes; recreational fishing measures; and any 
other management measures currently included in the NE Multispecies FMP.
    (3) The NEFMC shall review the recommended target TACs and all of 
the options developed by the MSMC and other relevant information, 
consider public comment, and develop a recommendation to meet the NE 
Multispecies FMP objective that is consistent with other applicable law. 
If the NEFMC does not submit a recommendation that meets the NE 
Multispecies FMP objectives and is consistent with other applicable law, 
the Regional Director may adopt any option developed by the MSMC, unless 
rejected by the NEFMC, as specified in paragraph (a)(5) of this section, 
provided that the option meets the NE Multispecies FMP objective and is 
consistent with other applicable law.
    (4) Based on this review, the NEFMC shall submit a recommendation to 
the Regional Director of any changes, adjustments or additions to DAS 
allocations, closed areas or other measures necessary to achieve the NE 
Multispecies FMP's goals and objectives. Included in the NEFMC's 
recommendation will be supporting documents, as appropriate, concerning 
the environmental and economic impacts of the proposed action and the 
other options considered by the NEFMC.
    (5) If the NEFMC submits, on or before January 7, a recommendation 
to the Regional Director after one NEFMC meeting, and the Regional 
Director concurs with the recommendation, the Regional Director shall 
publish the NEFMC's recommendation in the Federal Register as a proposed 
rule. The Federal Register notification of the proposed action will 
provide a 30-day public comment period. The NEFMC may instead submit its 
recommendation on or before February 1, if it chooses to follow the 
framework process outlined in paragraph (b) of this section and requests 
that the Regional Director publish the recommendation as a final rule. 
If the Regional Director concurs that the NEFMC's recommendation meets 
the NE Multispecies FMP objective and is consistent with other 
applicable law, and determines that the recommended management measures 
should be published as a final rule, the action will be published as a 
final rule in the Federal Register. If the Regional Director concurs 
that the recommendation meets the FMP objective and is consistent with 
other applicable law and determines that a proposed rule is warranted, 
and, as a result, the effective date of a final rule falls after the 
start of the fishing year on May 1, fishing may continue. However, DAS 
used by a vessel on or after May 1 will be counted against any DAS 
allocation the vessel ultimately receives for that year.
    (6) If the Regional Director concurs in the NEFMC's recommendation, 
a final rule shall be published in the Federal Register on or about 
April 1 of each year, with the exception noted in paragraph (a)(5) of 
this section. If the NEFMC fails to submit a recommendation to the 
Regional Director by February 1 that meets the FMP goals and objectives, 
the Regional Director may publish as a proposed rule one of the options 
reviewed and not rejected by the NEFMC, provided that the option meets 
the FMP objective and is consistent with other applicable law. If, after 
considering public comment, the Regional Director decides to approve the 
option published as a proposed rule, the action will be published as a 
final rule in the Federal Register.

[[Page 227]]

    (b) Within season management action. The NEFMC may, at any time, 
initiate action to add or adjust management measures if it finds that 
action is necessary to meet or be consistent with the goals and 
objectives of the NE Multispecies FMP.
    (1) Adjustment process. After a management action has been 
initiated, the NEFMC shall develop and analyze appropriate management 
actions over the span of at least two NEFMC meetings. The NEFMC shall 
provide the public with advance notice of the availability of both the 
proposals and the analysis, and opportunity to comment on them prior to 
and at the second NEFMC meeting. The NEFMC's recommendation on 
adjustments or additions to management measures must come from one or 
more of the following categories: DAS changes, effort monitoring, data 
reporting, possession limits, gear restrictions, closed areas, 
permitting restrictions, crew limits, minimum fish sizes, onboard 
observers, minimum hook size and hook style, the use of crucifiers in 
the hook-gear fishery, fleet sector shares, recreational fishing 
measures, area closures and other appropriate measures to mitigate 
marine mammal entanglements and interactions, and any other management 
measures currently included in the FMP.
    (2) NEFMC recommendation. After developing management actions and 
receiving public testimony, the NEFMC shall make a recommendation to the 
Regional Director. The NEFMC's recommendation must include supporting 
rationale and, if management measures are recommended, an analysis of 
impacts and a recommendation to the Regional Director on whether to 
issue the management measures as a final rule. If the NEFMC recommends 
that the management measures should be issued as a final rule, the NEFMC 
must consider at least the following factors and provide support and 
analysis for each factor considered:
    (i) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season.
    (ii) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the NEFMC's recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) Regional Director action. If the NEFMC's recommendation includes 
adjustments or additions to management measures and, after reviewing the 
NEFMC's recommendation and supporting information:
    (i) If the Regional Director concurs with the NEFMC's recommended 
management measures and determines that the recommended management 
measures should be issued as a final rule based on the factors specified 
in paragraph (b)(2) of this section, the measures will be issued as a 
final rule in the Federal Register.
    (ii) If the Regional Director concurs with the NEFMC's 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, the measures will be 
published as a proposed rule in the Federal Register. After additional 
public comment, if the Regional Director concurs with the NEFMC 
recommendation, the measures will be issued as a final rule in the 
Federal Register.
    (iii) If the Regional Director does not concur, the NEFMC will be 
notified in writing of the reasons for the non-concurrence.
    (c) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(e) of the Magnuson Act.



    Subpart G--Management Measures for the Summer Flounder Fisheries



Sec. 648.100  Catch quotas and other restrictions.

    (a) Annual review. The Summer Flounder Monitoring Committee shall 
review the following data on or before August 15 of each year to 
determine

[[Page 228]]

the allowable levels of fishing and other restrictions necessary to 
achieve a fishing mortality rate (F) of 0.41 in 1996, 0.30 in 1997, and 
0.23 in 1998 and thereafter, provided the allowable levels of fishing in 
1996 and 1997 may not exceed 18,518,830 lb (8,400 mt), unless such 
fishing levels have an associated F of 0.23: Commercial and recreational 
catch data; current estimates of fishing mortality; stock status; recent 
estimates of recruitment; virtual population analysis results; levels of 
noncompliance by fishermen or individual states; impact of size/mesh 
regulations; sea sampling and winter trawl survey data or, if sea 
sampling data are unavailable, length frequency information from the 
winter trawl survey and mesh selectivity analyses; impact of gear other 
than otter trawls on the mortality of summer flounder; and any other 
relevant information.
    (b) Recommended measures. Based on this review, the Summer Flounder 
Monitoring Committee shall recommend to the Demersal Species Committee 
of the MAFMC and the Commission the following measures to assure that 
the F specified in paragraph (a) of this section will not be exceeded:
    (1) Commercial quota set from a range of 0 to the maximum allowed to 
achieve the specified F.
    (2) Commercial minimum fish size.
    (3) Minimum mesh size.
    (4) Recreational possession limit set from a range of 0 to 15 summer 
flounder to achieve the specified F.
    (5) Recreational minimum fish size.
    (6) Recreational season.
    (7) Restrictions on gear other than otter trawls.
    (8) Adjustments to the exempted area boundary and season specified 
in Sec. 648.104(b)(1) by 30-minute intervals of latitude and longitude 
and 2-week intervals, respectively, based on data specified in 
paragraphs (a) (8) and (10) of this section to prevent discarding of 
sublegal sized summer flounder in excess of 10 percent, by weight.
    (c) Annual fishing measures. The Demersal Species Committee shall 
review the recommendations of the Summer Flounder Monitoring Committee. 
Based on these recommendations and any public comment, the Demersal 
Species Committee shall recommend to the MAFMC measures necessary to 
assure that the applicable specified F will not be exceeded. The MAFMC 
shall review these recommendations and, based on the recommendations and 
any public comment, recommend to the Regional Director measures 
necessary to assure that the applicable specified F will not be 
exceeded. The MAFMC's recommendations must include supporting 
documentation, as appropriate, concerning the environmental and economic 
impacts of the recommendations. The Regional Director shall review these 
recommendations and any recommendations of the Commission. After such 
review, the Regional Director will publish a proposed rule in the 
Federal Register by October 15 to implement a coastwide commercial quota 
and recreational harvest limit and additional management measures for 
the commercial fishery, and will publish a proposed rule in the Federal 
Register by February 15 to implement additional management measures for 
the recreational fishery, if he/she determines that such measures are 
necessary to assure that the applicable specified F will not be 
exceeded. After considering public comment, the Regional Director will 
publish a final rule in the Federal Register to implement the measures 
necessary to assure that the applicable specified F will not be 
exceeded.
    (d) Distribution of annual quota. (1) The annual commercial quota 
will be distributed to the states, based upon the following percentages:

                     Annual Commercial Quota Shares                     
------------------------------------------------------------------------
                                                                 Share  
                            State                              (percent)
------------------------------------------------------------------------
Maine........................................................    0.04756
New Hampshire................................................    0.00046
Massachusetts................................................    6.82046
Rhode Island.................................................   15.68298
Connecticut..................................................    2.25708
New York.....................................................    7.64699
New Jersey...................................................   16.72499
Delaware.....................................................    0.01779
Maryland.....................................................    2.03910
Virginia.....................................................   21.31676
North Carolina...............................................   27.44584
------------------------------------------------------------------------

    (2) All summer flounder landed for sale in a state shall be applied 
against that state's annual commercial quota, regardless of where the 
summer flounder were harvested. Any overages of

[[Page 229]]

the commercial quota landed in any state will be deducted from that 
state's annual quota for the following year.
    (e) Quota transfers and combinations. Any state implementing a state 
commercial quota for summer flounder may request approval from the 
Regional Director to transfer part or all of its annual quota to one or 
more states. Two or more states implementing a state commercial quota 
for summer flounder may request approval from the Regional Director to 
combine their quotas, or part of their quotas, into an overall regional 
quota. Requests for transfer or combination of commercial quotas for 
summer flounder must be made by individual or joint letter(s) signed by 
the principal state official with marine fishery management 
responsibility and expertise, or his/her previously named designee, for 
each state involved. The letter(s) must certify that all pertinent state 
requirements have been met and identify the states involved and the 
amount of quota to be transferred or combined.
    (1) Within 10 working days following the receipt of the letter(s) 
from the states involved, the Regional Director shall notify the 
appropriate state officials of the disposition of the request. In 
evaluating requests to transfer a quota or combine quotas, the Regional 
Director shall consider whether:
    (i) The transfer or combination would preclude the overall annual 
quota from being fully harvested.
    (ii) The transfer addresses an unforeseen variation or contingency 
in the fishery.
    (iii) The transfer is consistent with the objectives of the Summer 
Flounder FMP and Magnuson Act.
    (2) The transfer of quota or the combination of quotas will be valid 
only for the calendar year for which the request was made and will be 
effective upon the filing by NMFS of a notice of the approval of the 
transfer or combination with the Office of the Federal Register.
    (3) A state may not submit a request to transfer quota or combine 
quotas if a request to which it is party is pending before the Regional 
Director. A state may submit a new request when it receives notice that 
the Regional Director has disapproved the previous request or when 
notice of the approval of the transfer or combination has been filed at 
the Office of the Federal Register.
    (4) If there is a quota overage among states involved in the 
combination of quotas at the end of the fishing year, the overage will 
be deducted from the following year's quota for each of the states 
involved in the combined quota. The deduction will be proportional, 
based on each state's relative share of the combined quota for the 
previous year. A transfer of quota or combination of quotas does not 
alter any state's percentage share of the overall quota specified in 
paragraph (d) of this section.



Sec. 648.101  Closures.

    (a) EEZ closure. The Regional Director shall close the EEZ to 
fishing for summer flounder by commercial vessels for the remainder of 
the calendar year by publishing notification in the Federal Register if 
he/she determines that the inaction of one or more states will cause the 
applicable F specified in Sec. 648.100(a) to be exceeded, or if the 
commercial fisheries in all states have been closed. The Regional 
Director may reopen the EEZ if earlier inaction by a state has been 
remedied by that state, or if commercial fisheries in one or more states 
have been reopened without causing the applicable specified F to be 
exceeded.
    (b) State quotas. The Regional Director will monitor state 
commercial quotas based on dealer reports and other available 
information and shall determine the date when a state commercial quota 
will be harvested. The Regional Director shall publish notification in 
the Federal Register advising a state that, effective upon a specific 
date, its commercial quota has been harvested and notifying vessel and 
dealer permit holders that no commercial quota is available for landing 
summer flounder in that state.



Sec. 648.102  Time restrictions.

    Vessels that are not eligible for a moratorium permit under 
Sec. 648.4(a)(3) and fishermen subject to the possession limit may fish 
for summer flounder from January 1 through December 31. This time period 
may be adjusted pursuant to the procedures in Sec. 648.100.

[[Page 230]]



Sec. 648.103  Minimum fish sizes.

    (a) The minimum size for summer flounder is 13 inches (33 cm) TL for 
all vessels issued a moratorium permit under Sec. 648.4(a)(3), except on 
board party and charter boats carrying passengers for hire or carrying 
more than three crew members, if a charter boat, or more than five crew 
members, if a party boat;
    (b) The minimum size for summer flounder is 14 inches (35.6 cm) TL 
for all vessels that do not qualify for a moratorium permit, or party 
and charter boats holding moratorium permits, but fishing with 
passengers for hire or carrying more than three crew members, if a 
charter boat, or more than five crew members, if a party boat.
    (c) The minimum sizes in this section apply to whole fish or to any 
part of a fish found in possession, e.g., fillets. These minimum sizes 
may be adjusted pursuant to the procedures in Sec. 648.100.



Sec. 648.104  Gear restrictions.

    (a) General. (1) Otter trawlers whose owners are issued a summer 
flounder permit and that land or possess 100 or more lb (45.4 or more 
kg) of summer flounder from May 1 through October 31, or 200 lb or more 
(90.8 kg or more) of summer flounder from November 1 through April 30, 
per trip, must fish with nets that have a minimum mesh size of 5.5-inch 
(14.0-cm) diamond mesh or 6-inch (15.2-cm) square mesh applied 
throughout the codend for at least 75 continuous meshes forward of the 
terminus of the net, or, for codends with less than 75 meshes, the 
minimum-mesh-size codend must be a minimum of one-third of the net, 
measured from the terminus of the codend to the head rope, excluding any 
turtle excluded device extension.
    (2) Mesh sizes are measured by a wedge-shaped gauge having a taper 
of 2 cm in 8 cm and a thickness of 2.3 mm inserted into the meshes under 
a pressure or pull of 5 kg. The mesh size is the average of the 
measurement of any series of 20 consecutive meshes for nets having 75 or 
more meshes, and 10 consecutive meshes for nets having fewer than 75 
meshes. The mesh in the regulated portion of the net is measured at 
least five meshes away from the lacings, running parallel to the long 
axis of the net.
    (b) Exemptions. The minimum mesh-size requirements specified in 
paragraph (a)(1) of this section do not apply to:
    (1) Vessels issued a summer flounder moratorium permit and fishing 
from November 1 through April 30 in the ``exemption area,'' which is 
east of the line that follows 72 deg.30.0' W. long. until it intersects 
the outer boundary of the EEZ. Vessels fishing with a summer flounder 
exemption permit shall not fish west of the line. Vessels issued a 
permit under Sec. 648.4(a)(3)(iii) may transit the area west or south of 
the line, if the vessel's fishing gear is stowed in a manner prescribed 
under Sec. 648.100(e), so that it is not ``available for immediate use'' 
outside the exempted area. The Regional Director may terminate this 
exemption if he/she determines, after a review of sea sampling data, 
that vessels fishing under the exemption are discarding more than 10 
percent, by weight, of their entire catch of summer flounder per trip. 
If the Regional Director makes such a determination, he/she shall 
publish notification in the Federal Register terminating the exemption 
for the remainder of the exemption season.
    (2) Vessels fishing with a two-seam otter trawl fly net with the 
following configuration, provided that no other nets or netting with 
mesh smaller than 5.5 inches (14.0 cm) are on board:
    (i) The net has large mesh in the wings that measures 8 inches (20.3 
cm) to 64 inches (162.6 cm).
    (ii) The first body section (belly) of the net has 35 or more meshes 
that are at least 8 inches (20.3 cm).
    (iii) The mesh decreases in size throughout the body of the net to 2 
inches (5 cm) or smaller towards the terminus of the net.
    (3) The Regional Director may terminate this exemption if he/she 
determines, after a review of sea sampling data, that vessels fishing 
under the exemption, on average, are discarding more than 1 percent of 
their entire catch of summer flounder per trip. If

[[Page 231]]

the Regional Director makes such a determination, he/she shall publish a 
notice in the Federal Register terminating the exemption for the 
remainder of the calendar year.
    (c) Net modifications. No vessel subject to this part shall use any 
device, gear, or material, including, but not limited to nets, net 
strengtheners, ropes, lines, or chafing gear, on the top of the 
regulated portion of a trawl net; except that, one splitting strap and 
one bull rope (if present) consisting of line or rope no more than 3 
inches (7.2 cm) in diameter may be used if such splitting strap and/or 
bull rope does not constrict, in any manner, the top of the regulated 
portion of the net, and one rope no greater than 0.75 inches (1.9 cm) in 
diameter extending the length of the net from the belly to the terminus 
of the codend along the top, bottom, and each side of the net. ``Top of 
the regulated portion of the net'' means the 50 percent of the entire 
regulated portion of the net that (in a hypothetical situation) will not 
be in contact with the ocean bottom during a tow if the regulated 
portion of the net were laid flat on the ocean floor. For the purpose of 
this paragraph (c), head ropes shall not be considered part of the top 
of the regulated portion of a trawl net. A vessel shall not use any 
means or mesh configuration on the top of the regulated portion of the 
net, as defined in Sec. 648.104(e), if it obstructs the meshes of the 
net or otherwise causes the size of the meshes of the net while in use 
to diminish to a size smaller than the minimum specified in 
Sec. 648.100(a).
    (d) Mesh obstruction or constriction. (1) A fishing vessel may not 
use any mesh configuration, mesh construction, or other means on or in 
the top of the net, as defined in paragraph (c) of this section, that 
obstructs the meshes of the net in any manner.
    (2) No person on any vessel may possess or fish with a net capable 
of catching summer flounder in which the bars entering or exiting the 
knots twist around each other.
    (e) Stowage of nets. Otter trawl vessels retaining 100 lb (45.3 kg) 
or more of summer flounder from May 1 through October 31, or 200 lb 
(90.6 kg) or more of summer flounder from November 1 through April 30, 
and subject to the minimum mesh size requirement of paragraph (a)(1) of 
this section may not have ``available for immediate use'' any net or any 
piece of net that does not meet the minimum mesh size requirement, or 
any net, or any piece of net, with mesh that is rigged in a manner that 
is inconsistent with the minimum mesh size requirement. A net that is 
stowed in conformance with one of the methods specified in 
Sec. 648.23(b) and that can be shown not to have been in recent use is 
considered to be not ``available for immediate use.''



Sec. 648.105  Possession restrictions.

    (a) No person shall possess more than eight summer flounder in, or 
harvested from, the EEZ unless that person is the owner or operator of a 
fishing vessel issued a summer flounder moratorium permit. Persons 
aboard a commercial vessel that is not eligible for a summer flounder 
moratorium permit are subject to this possession limit. The owner, 
operator, and crew of a charter or party boat issued a summer flounder 
moratorium permit are not subject to the possession limit when not 
carrying passengers for hire and when the crew size does not exceed five 
for a party boat and three for a charter boat.
    (b) If whole summer flounder are processed into fillets, the number 
of fillets will be converted to whole summer flounder at the place of 
landing by dividing the fillet number by two. If summer flounder are 
filleted into single (butterfly) fillets, each fillet is deemed to be 
from one whole summer flounder.
    (c) Summer flounder harvested by vessels subject to the possession 
limit with more than one person on board may be pooled in one or more 
containers. Compliance with the daily possession limit will be 
determined by dividing the number of summer flounder on board by the 
number of persons on board, other than the captain and the crew. If 
there is a violation of the possession limit on board a vessel carrying 
more than one person, the violation shall be deemed to have been 
committed by the owner and operator.
    (d) Owners and operators of otter trawl vessels issued a permit 
under Sec. 648.4(a)(3) that fish with or possess

[[Page 232]]

nets or pieces of net on board that do not meet the minimum mesh 
requirements and that are not stowed in accordance with Sec. 648.104(f), 
may not retain 100 lb (45.3 kg) or more of summer flounder from May 1 
through October 31, or 200 lb (90.6 kg) or more of summer flounder from 
November 1 through April 30. Summer flounder on board these vessels must 
be stored so as to be readily available for inspection in standard 100-
lb (45.3-kg) totes or fish boxes having a liquid capacity of 18.2 gal 
(70 L), or a volume of not more than 4,320 in \3\ (2.5 ft \3\ or 70.79 
cm \3\).



Sec. 648.106  Sea turtle conservation.

    This section will be suspended during the effectiveness of any 
temporary regulations issued to regulate incidental take of sea turtles 
in the summer flounder under authority of the ESA under parts 217, 222, 
and 227 of this title. Such suspensions and temporary regulations will 
be issued by publication in the Federal Register and will be effective 
for a specified period of time, not to exceed 1 year.
    (a) Sea turtle handling and resuscitation. The sea turtle handling 
and resuscitation requirements specified in Sec. 227.72(e)(1) (i) and 
(ii) of this title apply with respect to sea turtles incidentally taken 
by a vessel fishing for summer flounder.
    (b) Sea turtle monitoring and assessment program. (1) The Regional 
Director will establish a monitoring and assessment program, in 
cooperation with the MAFMC and the State of North Carolina, to measure 
the incidental take of sea turtles in the summer flounder fishery, 
monitor compliance with required conservation measures by trawlers, and 
predict interactions between the fishery and sea turtles to prevent 
turtle mortalities.
    (2) A scientifically designed, observer-based monitoring program in 
accordance with Sec. 648.11 may be used to gather scientific data 
measuring the incidental take of turtles by trawlers in the summer 
flounder fishery and to report turtle distribution and abundance.
    (3) A cooperative sea turtle monitoring and assessment program 
utilizing a variety of information, including aerial and vessel surveys; 
onboard observers; individually tagged turtles; physical parameters, 
such as sea surface temperatures, and reports from the sea turtle 
stranding network; and other relevant and reliable information, will 
assess and predict turtle distribution, abundance, movement patterns, 
and timing to provide information to NMFS to prevent turtle mortality 
caused by the summer flounder fishery.
    (c) Required use of Turtle Excluder Devices (TED). The Regional 
Director will require the use of a NMFS-approved TED by any vessels 
engaged in summer flounder fishing operations and utilizing trawl gear 
on or after October 15 as necessary to protect sea turtles. The Regional 
Director will publish notification in the Federal Register with the 
specific time period. Descriptions of NMFS-approved TEDs can be found in 
Sec. 227.72(e)(4) of this title. This requirement applies to vessels 
within the EEZ bounded on the north by a line along 37 deg.05' N. lat., 
bounded on the south by a line along 33 deg.35' N. lat., and bounded on 
the east by a line 7 nm from the shoreward boundary of the EEZ.
    (d) Closure of the fishery. The Regional Director may close the 
summer flounder fishery in the EEZ, or any part thereof, after 
consultation with the MAFMC, the Director of the State of North Carolina 
Division of Marine Fisheries, and the marine fisheries agency of any 
other affected state, by publishing notification in the Federal 
Register. The Regional Director shall take such action if he/she 
determines a closure is necessary to avoid jeopardizing the continued 
existence of any species listed under the ESA. The determination of the 
impact on sea turtles must be based on turtle mortalities and 
projections of turtle mortality by the NMFS monitoring and assessment 
program. A closure will be applicable to those areas specified in the 
notification and for the period specified in the notification. The 
Regional Director will provide as much advance notice as possible, 
consistent with the requirements of the ESA, and will have the closure 
announced on channel 16 of the marine VHF radio. A closure may prohibit 
all fishing operations, may prohibit the use of certain gear, may 
require that gear be stowed, or may impose similar types of restrictions 
on

[[Page 233]]

fishing activities. The prohibitions, restrictions, and duration of the 
closure will be specified in the notification.
    (e) Reopening of the fishery. (1) The Regional Director may reopen 
the summer flounder fishery in the EEZ, or any part thereof, after 
consultation with the MAFMC, the Director of the State of North Carolina 
Division of Marine Fisheries, and the marine fisheries agency of any 
other affected state, by publishing notification in the Federal 
Register. The Regional Director may reopen the summer flounder fishery 
in the EEZ, or any part thereof, if additional sea turtle conservation 
measures are implemented and if projections of NMFS' sea turtle 
monitoring program indicate that such measures will ensure that 
continued operation of the summer flounder fishery is not likely to 
jeopardize the continued existence of any species listed under the ESA.
    (2) The Regional Director may reopen the summer flounder fishery in 
the EEZ, or any part thereof, if the sea turtle monitoring program 
indicates changed conditions and if projections of the sea turtle 
monitoring program indicate that NMFS can ensure that continued 
operation of the summer flounder fishery is not likely to jeopardize the 
continued existence of any species listed under the ESA.
    (f) Additional sea turtle conservation measures. (1) The Regional 
Director may impose additional sea turtle conservation measures, 
including tow-time requirements, in the EEZ, after consultation with the 
MAFMC, the Director of the State of North Carolina Division of Marine 
Fisheries, and the marine fisheries agency of any other affected state, 
by publishing notification in the Federal Register. The Regional 
Director shall take such action if he/she determines further measures 
are necessary to avoid jeopardizing the continued existence of any 
species listed under the ESA or if such action would allow reopening of 
the summer flounder fishery in the EEZ. The determination of the impact 
on sea turtles must be based on turtle mortalities and projections of 
turtle mortality by the NMFS monitoring and assessment program.
    (2) Consistent with the procedures specified in Sec. 648.10, the 
Regional Director may require that all or a certain portion of the 
vessels engaged in fishing for summer flounder carry observers, 
consistent with the requirements of Sec. 648.10, to gather data on 
incidental capture of sea turtles and to monitor compliance with 
required conservation measures. This requirement may apply to certain 
types of vessels, certain areas, or during certain times of the year.
    (g) Experimental projects. Notwithstanding paragraphs (a) through 
(f) of this section, the Regional Director may authorize summer flounder 
fishing, as a part of experimental projects to measure turtle capture 
rates, to monitor turtle abundance, to test alternative gear or 
equipment, or for other research purposes. Research must be approved by 
the Regional Director, and it must not be likely to jeopardize the 
continued existence of any species listed under the ESA. The Regional 
Director will impose such conditions as he/she determines necessary to 
ensure adequate turtle protection during experimental projects. 
Individual authorizations may be issued in writing. Authorizations 
applying to multiple vessels will be published in the Federal Register.



           Subpart H--Management Measures for the Scup Fishery

    Source: 61 FR 43426, Aug. 23, 1996, unless otherwise noted.



Sec. 648.120   Catch quotas and other restrictions.

    (a) Annual review. The Scup Monitoring Committee shall review the 
following data, subject to availability, on or before August 15 of each 
year. This review will be conducted to determine the allowable levels of 
fishing and other restrictions necessary to achieve an exploitation rate 
of 47 percent in 1997, 1998, and 1999, 33 percent in 2000 and 2001, and 
19 percent in 2002 and thereafter: Commercial and recreational catch 
data; current estimates of fishing mortality; stock status; recent 
estimates of recruitment; virtual population analysis results; levels of

[[Page 234]]

noncompliance by fishermen or individual states; impact of size/mesh 
regulations; impact of gear on the mortality of scup; and any other 
relevant information.
    (b) Recommended measures. Based on this review, the Scup Monitoring 
Committee shall recommend the following measures to the Demersal Species 
Committee of the MAFMC and the Commission to assure that the 
exploitation rate specified in paragraph (a) of this section will not be 
exceeded:
    (1) The coastwide commercial quota will be set from a range of 0 to 
the maximum allowed to achieve the specified exploitation rate.
    (2) Commercial minimum fish size.
    (3) Minimum mesh size.
    (4) Recreational possession limit set from a range of 0 to 50 scup 
to achieve the specified exploitation rate.
    (5) Recreational minimum fish size set from a range of 7 inches 
(17.8 cm) TL to 10 inches (25.4 cm) TL.
    (6) Recreational season.
    (7) Restrictions on gear.
    (8) Season and area closures in the commercial fishery.
    (c) Annual fishing measures. The Demersal Species Committee shall 
review the recommendations of the Scup Monitoring Committee. Based on 
these recommendations and any public comment, the Demersal Species 
Committee shall recommend to the MAFMC measures necessary to assure that 
the specified exploitation rate will not be exceeded. The MAFMC shall 
review these recommendations, and based on these recommendations and any 
public comment, recommend to the Regional Director measures necessary to 
assure that the specified exploitation rate will not be exceeded. The 
MAFMC's recommendation must include supporting documentation, as 
appropriate, concerning the environmental and economic impacts of the 
recommendations. The Regional Director shall review these 
recommendations and any recommendations of the Commission. After such 
review, the Regional Director will publish a proposed rule in the 
Federal Register by October 15 to implement a coastwide commercial quota 
and recreational harvest limit and additional management measures for 
the commercial fishery, and will publish a proposed rule in the Federal 
Register by February 15 to implement additional management measures for 
the recreational fishery, if he or she determines that such measures are 
necessary to assure that the specified exploitation rate will not be 
exceeded. After considering public comment, the Regional Director will 
publish a final rule in the Federal Register to implement the annual 
measures.
    (d) Additional quota measures. The commercial quota will be 
implemented as a coastwide quota, applicable to that area of the EEZ 
from 35 deg.15.3' N. lat. to the United States/Canada border. The MAFMC 
and Commission may revise the coastwide quota system to distribute and 
manage the annual commercial quota allocation in accordance with the 
procedures set forth in this section. Vessel trip limits, as well as 
coastwide, regional and state-by-state quotas may be considered in 
combination with different fractions of the fishing year. Any 
modification to the coastwide quota system shall be published as a 
proposed rule in the Federal Register with a 45-day public comment 
period. After considering public comment on the proposed rule, a final 
rule shall be published in the Federal Register to implement the 
appropriate modification.



Sec. 648.121   Closure.

    The Regional Director will monitor the harvest of commercial quota 
based on dealer reports, state data, and other available information and 
shall determine the date when the commercial quota will be harvested. 
The Regional Director shall close the EEZ to fishing for scup by 
commercial vessels for the remainder of the calendar year by publishing 
notification in the Federal Register advising that, effective upon a 
specific date, the commercial quota has been harvested, and notifying 
vessel and dealer permit holders that no commercial quota is available 
for landing scup.



Sec. 648.122   Season and area restrictions.

    If the MAFMC determines through its annual review process that 
seasonal

[[Page 235]]

restrictions or area closures are necessary for the commercial or 
recreational sectors to assure that the exploitation rate is not 
exceeded, or to attain other FMP objectives, such measures will be 
enacted through the procedure specified in Sec. 648.120.



Sec. 648.123   Gear restrictions.

    (a) Trawl vessel gear restrictions--(1) Minimum mesh size. The 
owners or operators of otter trawlers issued a scup moratorium permit, 
and that possess 4,000 lb or more (1,814 kg or more) of scup, must fish 
with nets that have a minimum mesh size of 4 inches (10.2 cm) diamond 
mesh applied throughout the codend for at least 75 continuous meshes 
forward of the terminus of the net, or, for codends with less than 75 
meshes, the minimum-mesh-size codend must be a minimum of one-third of 
the net, measured from the terminus of the codend to the head rope, 
excluding any turtle excluder device extension. Scup on board these 
vessels shall be stored separately and kept readily available for 
inspection.
    (2) Mesh-size measurement. Mesh sizes will be measured according to 
the procedure specified in Sec. 648.104(a)(2).
    (3) Net modification. The owner or operator of a fishing vessel 
subject to the minimum mesh requirement in paragraph (a)(1) of this 
section shall not use any device, gear, or material, including, but not 
limited to, nets, net strengtheners, ropes, lines, or chafing gear, on 
the top of the regulated portion of a trawl net. However, one splitting 
strap and one bull rope (if present), consisting of line or rope no more 
than 3 inches (7.2 cm) in diameter, may be used if such splitting strap 
and/or bull rope does not constrict in any manner the top of the 
regulated portion of the net, and one rope no greater that 0.75 inches 
(1.9 cm) in diameter extending the length of the net from the belly to 
the terminus of the codend along the top, bottom, and each side of the 
net. ``Top of the regulated portion of the net'' means the 50 percent of 
the entire regulated portion of the net that (in a hypothetical 
situation) will not be in contact with the ocean bottom during a tow if 
the regulated portion of the net were laid flat on the ocean floor. For 
the purpose of this paragraph (a)(3), head ropes are not considered part 
of the top of the regulated portion of a trawl net.
    (4) Mesh obstruction or constriction. (i) The owner or operator of a 
fishing vessel subject to the minimum mesh restriction in paragraph 
(a)(1) of this section shall not use any mesh construction, mesh 
configuration, or other means on or in the top of the regulated portion 
of the net, as defined in paragraph (a)(3) of this section, if it 
obstructs the meshes of the net in any manner.
    (ii) The owner or operator of a fishing vessel subject to the 
minimum mesh requirement in paragraph (a)(1) of this section may not use 
a net capable of catching scup if the bars entering or exiting the knots 
twist around each other.
    (5) Stowage of nets. The owner or operator of an otter trawl vessel 
retaining 4,000 lb or more (1,814 kg or more) of scup and subject to the 
minimum mesh requirement in paragraph (a)(1) of this section, may not 
have available for immediate use any net, or any piece of net, not 
meeting the minimum mesh size requirement, or mesh that is rigged in a 
manner that is inconsistent with the minimum mesh size. A net that 
conforms to one of the methods specified in Sec. 648.23(b) and that can 
be shown not to have been in recent use is considered to be not 
``available for immediate use.''
    (6) Roller gear. The owner or operator of an otter trawl vessel 
issued a moratorium permit pursuant to Sec. 648.4(a)(6) shall not use 
roller rig trawl gear equipped with rollers greater than 18 inches (45.7 
cm) in diameter.
    (7) Procedures for changes. The minimum net mesh and the threshold 
catch level at which it is required set forth in paragraph (a)(1) of 
this section, and the maximum roller diameter set forth in paragraph 
(a)(6) of this section, may be changed following the procedures in 
Sec. 648.120.
    (b) Pot and trap gear restrictions. Owners or operators of vessels 
subject to this part must fish with scup pots or traps that comply with 
the following:
    (1) Degradable hinges. A scup pot or trap must have degradable 
hinges and fasteners made of one of the following degradable materials:

[[Page 236]]

    (i) Untreated hemp, jute, or cotton string of \3/16\ inches (4.8 mm) 
diameter or smaller;
    (ii) Magnesium alloy, timed float releases (pop-up devices) or 
similar magnesium alloy fasteners; or
    (iii) Ungalvanized or uncoated iron wire of 0.094 inches (2.4 mm) 
diameter or smaller.
    (2) Escape vents. (i) All scup pots or traps that have a circular 
escape vent with a minimum of 3.1 inches (7.9 cm) in diameter, or a 
square escape vent with a minimum of 2.25 inches (5.7 cm) for each side, 
or an equivalent rectangular escape vent.
    (ii) The minimum escape vent size set forth in paragraph (b)(2)(i) 
of this section may be revised following the procedures in Sec. 648.120.



Sec. 648.124  Minimum fish sizes.

    (a) The minimum size for scup is 9 inches (22.9 cm) TL for all 
vessels issued a moratorium permit under Sec. 648.4(a)(6). If such a 
vessel is also issued a charter and party boat permit and is carrying 
passengers for hire, or carrying more than three crew members if a 
charter boat, or more than five crew members if a party boat, then the 
minimum size specified in paragraph (b) of this section applies.
    (b) The minimum size for scup is 7 inches (17.8 cm) TL for all 
vessels that do not have a moratorium permit, or for party and charter 
vessels that are issued a moratorium permit but are fishing with 
passengers for hire, or carrying more than three crew members if a 
charter boat, or more than five crew members if a party boat.
    (c) The minimum size applies to whole fish or any part of a fish 
found in possession, e.g., fillets. These minimum sizes may be adjusted 
pursuant to the procedures in Sec. 648.120.



Sec. 648.125  Possession limit.

    (a) Pursuant to the procedures in Sec. 648.120, the Regional 
Director may limit the number of scup that may be possessed in or 
harvested from the EEZ north of 35 deg.15.3' N. lat. by persons aboard 
vessels that have not been issued a valid moratorium permit.
    (b) If whole scup are processed into fillets, an authorized officer 
will convert the number of fillets to whole scup at the place of landing 
by dividing fillet number by 2. If scup are filleted into a single 
(butterfly) fillet, such fillet shall be deemed to be from one whole 
scup.
    (c) Scup harvested by vessels subject to the possession limit with 
more than one person aboard may be pooled in one or more containers. 
Compliance with the daily possession limit will be determined by 
dividing the number of scup on board by the number of persons aboard 
other than the captain and crew. If there is a violation of the 
possession limit on board a vessel carrying more than one person, the 
violation shall be deemed to have been committed by the owner and 
operator.
    (d) Scup and scup parts harvested by a vessel with a moratorium or 
charter or party boat scup permit, or in or from the EEZ north of 
35 deg.15.3' N. lat., may not be landed with the skin removed.



Sec. 648.126  Protection of threatened and endangered sea turtles.

    This section supplements existing regulations issued to regulate 
incidental take of sea turtles under authority of the Endangered Species 
Act under 50 CFR parts 217 and 227. In addition to the measures required 
under those parts, NMFS will investigate the extent of take in flynet 
gear and if deemed appropriate, may develop and certify a Turtle 
Excluder Device for that gear.



PART 649--AMERICAN LOBSTER FISHERY--Table of Contents




                      Subpart A--General Provisions

Sec.
649.1  Purpose and scope.
649.2  Definitions.
649.3  Relation to other laws.
649.4  Vessel permits.
649.5  Operator permits.
649.6  Dealer permits.
649.7  Vessel identification.
649.8  Prohibitions.
649.9  Facilitation of enforcement.
649.10  Penalties.

                     Subpart B--Management Measures

649.20  Harvesting and landing requirements.
649.21  Gear identification and marking, escape vent, and ghost panel 
          requirements.

[[Page 237]]

649.22  Experimental fishing exemption.

    Subpart C--Stock Rebuilding Program and Framework Adjustments to 
                           Management Measures

649.41  Purpose and scope.
649.42  Stock rebuilding program requirements and time frame.
649.43  First-year framework specifications.
649.44  Framework specifications after the first year of implementation.

                            Figures--Part 649

Figure  1--Standard Tetrahedral Corner Radar Reflector
Figure  2--American Lobster Management Areas Established for the 
          Purposes of Regional Lobster Management
Figure  3--Seaward Boundary Lines of the Southern New England Nearshore 
          Areas (Area 2) and the Offshore Area (Area 3)

    Authority: 16 U.S.C. 1801 et seq.

    Source: 59 FR 31943, June 21, 1994, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 649.1  Purpose and scope.

    This part implements the Fishery Management Plan for the American 
Lobster Fishery (FMP), as amended by the New England Fishery Management 
Council in consultation with the Mid-Atlantic Fishery Management Council 
and the Atlantic States Marine Fisheries Commission (ASMFC), and 
approved by the Assistant Administrator for Fisheries, NOAA. Red crab 
fishing gear, which is fished deeper than 200 fathoms (365.8 m), is gear 
not capable of taking lobsters, and is not subject to the provisions of 
this part.



Sec. 649.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following 
meanings:
    American lobster or lobster means the species Homarus americanus.
    Berried female means a female American lobster bearing eggs attached 
to the abdominal appendages.
    Carapace length is the straight line measurement from the rear of 
the eye socket parallel to the center line of the carapace to the 
posterior edge of the carapace. The carapace is the unsegmented body 
shell of the American lobster.
    Council means the New England Fishery Management Council.
    Dealer means any person who receives American lobsters for a 
commercial purpose from the owner or operator of a vessel issued a valid 
Federal vessel permit under this part, other than exclusively for 
transport on land.
    Dive vessel means any vessel carrying divers for a per capita fee or 
a charter fee.
    Effort Monitoring Team (EMT) means a group of technical experts made 
up of representatives from the Council, NMFS, the appropriate states, 
and a group of American lobster industry representatives (appointed by 
the Council), per management area, to each EMT.
    Escape vent means an opening in a lobster trap designed to allow 
lobster smaller than the legal minimum size to escape from the trap.
    Fishery Management Plan (FMP) means the Fishery Management Plan for 
American Lobsters, as amended.
    Ghost panel means a panel, or other mechanism, designed to allow for 
the escapement of lobster after a period of time if the trap has been 
abandoned or lost.
    Gross registered tonnage means the gross registered tonnage 
specified on the U.S. Coast Guard documentation for a vessel.
    Land means to enter port with fish on board, to begin offloading 
fish, or to offload fish.
    Lobster pot trawl means a number of lobster traps, all attached to a 
single groundline.
    Net tonnage means the net tonnage specified on the U.S. Coast Guard 
documentation for a vessel.
    Offload means to begin to remove, to remove, to pass over the rail, 
or otherwise take away fish from any vessel.
    Operator means the master or captain of the vessel, or other 
individual on board the vessel, who is in charge of that vessel's 
operations.
    Party/charter boat means any vessel carrying fishing persons or 
parties for a per capita fee or for a charter fee.
    Postmark means independently verifiable evidence of date of mailing, 
such

[[Page 238]]

as U.S. Postal Service postmark, United Parcel Service (U.P.S.) or other 
private carrier postmark, certified mail receipt, overnight mail 
receipt, or receipt received upon hand delivery to an authorized 
representative of NMFS.
    Recreational fishing means fishing that is not intended to, nor 
results in the barter, trade, or sale of fish.
    Recreational fishing vessel means any vessel from which no fishing 
other than recreational fishing is conducted. Charter and party boats 
and dive boats are not considered recreational fishing vessels.
    Regional Director means the Director, Northeast Region, NMFS, 1 
Blackburn Drive, Gloucester, MA 01930-2298, or a designee.
    Re-rig or re-rigged means physical alteration of the vessel or its 
gear in order to transform the vessel into one capable of fishing 
commercially for American lobsters.
    Scrubbing is the forcible removal of eggs from a berried female 
American lobster.
    Under agreement for construction means that the keel has been laid 
and that there is a written agreement to construct a fishing vessel.
    V-notched American lobster means any female American lobster bearing 
a V-shaped notch in the flipper next to and to the right of the center 
flipper as viewed from the rear of the lobster (underside of the lobster 
down and tail toward the viewer).
    V-shaped notch means a straight-sided triangular cut, without setal 
hairs, as least 1/4 inch (0.64 cm) in depth and tapering to a point.
    Whole American lobster means a lobster with an intact and measurable 
body (tail and carapace). A cull whole American lobster is an American 
lobster with one or both claws missing.



Sec. 649.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter.
    (b) Nothing in these regulations shall supersede more restrictive 
state management measures for American lobsters.



Sec. 649.4  Vessel permits.

    (a) 1994 vessel permits. (1) Through April 30, 1995, any vessel of 
the United States fishing for American lobster in the EEZ must have been 
issued and carry on board a valid permit required by or issued under 
this part. The Regional Director may, by agreement with State agencies, 
recognize permits or licenses issued by those agencies endorsed for 
fishing for lobster in the EEZ, providing that such permitting programs 
accurately identify persons who fish in the EEZ, and that the Regional 
Director can either individually, or in concert with the state agency, 
act to suspend the permit or license for EEZ fishing for any violation 
under this part.
    (2) Alternate State EEZ permitting programs will be established 
through a letter of agreement between the Regional Director and the 
director of the State marine fisheries agency concerned. The letter of 
agreement will specify the information to be collected by the alternate 
EEZ permitting program and the mode and frequency of provision of that 
information to the Regional Director. The Regional Director will, in 
cooperation with the State director, arrange for notification of the 
existence and terms of any such agreements to the affected persons. 
Persons intending to fish in the EEZ should determine whether an 
alternate EEZ permitting program is in force for their state before 
applying for a Federal permit under paragraph (d) of this section.
    (3) Vessel owners or operators who apply for a fishing vessel permit 
under this section, or for a State permit endorsed for EEZ fishing under 
paragraph (a)(2) of this section, must agree, as a condition of the 
permit, that all the vessel's lobster fishing, catch, and gear (without 
regard to whether such fishing occurs in the EEZ or landward of the EEZ, 
and without regard to where such lobster, lobster meats, or parts, or 
gear are possessed, taken or landed) will be subject to all the 
requirements of this part. All such fishing, catch, and gear will remain 
subject to any applicable state or local requirements. If a requirement 
of this part and a conservation measure required by state or local law 
differ, any vessel owner or operator permitted to fish in the EEZ

[[Page 239]]

must comply with the more restrictive requirement.
    (b) Limited access American lobster permits. From May 1, 1995, 
through December 31, 1999, any vessel of the United States that fishes 
for, possesses, or lands American lobster in or harvested from the EEZ 
must have been issued and carry on board a valid Federal limited access 
American lobster permit. This requirement does not apply to party, 
charter and dive boats that possess six or fewer American lobsters, not 
intended for or resulting in trade, barter or sale, per person aboard 
the vessel at any time, or to recreational vessels, and vessels that 
fish exclusively in state waters for American lobsters.
    (1) Eligibility in 1995. (i) To be eligible for a limited access 
permit for 1995, a vessel or the permit applicant must meet one of the 
following criteria:
    (A) The vessel was issued a Federal American lobster permit and 
landed American lobster prior to March 25, 1991, while in possession of 
the lobster permit.
    (B) To qualify for the limited access permit based on a federally 
endorsed state permit history, one of the following criteria must be 
met:
    (1) The permit applicant was issued a federally endorsed state 
American lobster permit, and landed American lobster prior to March 25, 
1991, and owned a vessel that landed American lobster prior to March 25, 
1991, while in possession of the lobster permit; or
    (2) The vessel was owned by a person who landed lobster prior to 
March 25, 1991, while in possession of a valid federally endorsed state 
American lobster permit, and the vessel was transferred to the current 
vessel owner in accordance with the exception to the presumption 
specified in paragraph (b)(3)(ii) of this section; or
    (3) The permit applicant owned a vessel that landed American lobster 
prior to March 25, 1991, while under the operation of an individual with 
a valid federally endorsed state lobster permit; or
    (4) The permit applicant owned a vessel that landed American lobster 
prior to March 25, 1991, while the applicant held a valid signed written 
lease, recognized and authorized by the issuing state, granting the 
rights to a federally endorsed state lobster permit.
    (C) The vessel was under written agreement for construction or 
rerigging for directed American lobster fishing, or was under written 
contract for purchase as of March 25, 1991, and the applicant meets one 
of the eligibility criteria set forth in paragraph (b)(1)(i)(A) or (B) 
of this section. For the purposes of paragraph (b)(1)(i)(C) all 
references to March 25, 1991, in paragraph (b)(1)(i)(A) or (B) of this 
section should be March 25, 1992.
    (D) The vessel is replacing a vessel that meets the criteria set 
forth in paragraph (b)(1)(i)(A), (B), or (C) of this section.
    (ii) No more than one vessel may qualify, at any one time, for a 
limited access American lobster permit based on that or another vessel's 
fishing and permit history. If more than one vessel owner claims 
eligibility for a limited access American lobster permit, based on one 
vessel's fishing and permit history, the Regional Director shall 
determine who is entitled to qualify for the limited access American 
lobster permit.
    (iii) A limited access American lobster permit for 1995 will not be 
issued unless an application for such permit is received by the Regional 
Director on or before December 31, 1995.
    (2) Eligibility in 1996 and thereafter. (i) To be eligible to renew 
or apply for a limited access lobster permit after 1995, a vessel or 
permit applicant must have been issued either a limited access lobster 
permit or a confirmation of permit history for the preceding year, or a 
vessel must be replacing a valid limited access American lobster permit 
or permit history confirmation from the preceding year. If more than one 
applicant claims eligibility to apply for a limited access American 
lobster permit based on one fishing and permit history, the Regional 
Director shall determine who is entitled to qualify for the limited 
access permit or permit history confirmation.
    (ii) Beginning January 1, 2000, any vessel of the United States that 
fishes for, possesses, or lands American lobster, in or harvested from 
the EEZ, must have been issued and carry on board a valid Federal 
American lobster permit. This requirement does not apply to party, 
charter and dive boats

[[Page 240]]

that possess six or fewer American lobsters, not intended for or 
resulting in trade, barter, or sale, per person aboard the vessel at any 
time, or to recreational vessels and vessels that fish exclusively in 
state waters for American lobsters. The eligibility requirements for 
limited access permits for the years 1996 - 1999 are not applicable for 
obtaining an American lobster permit for the year 2000 and thereafter.
    (3) Change in ownership. (i) The fishing and permit history of a 
vessel that qualifies based on issuance of a Federal lobster permit 
under paragraphs (b)(1)(i)(A) and (C) of this section is presumed to 
transfer with the vessel whenever it is bought, sold or otherwise 
transferred, unless there is a written agreement, signed by the 
transferor/seller and transferee/buyer, or other credible written 
evidence, verifying that the transferor/seller is retaining the vessel 
fishing and permit history for purposes of replacing the vessel.
    (ii) The fishing and permit history of a vessel owner and a vessel 
that qualifies based on issuance of a federally endorsed state lobster 
permit under paragraphs (b)(1)(i)(B) and (C) of this section is presumed 
to remain with such owner for any transfers of the vessel before and 
including March 25, 1991; and for any transfers of ownership of the 
vessel after March 25, 1991, the fishing and permit history necessary to 
qualify for a limited access lobster permit under paragraphs 
(b)(1)(i)(B) and (C) of this section is presumed to remain with the last 
owner of the vessel as of or prior to March 25, 1991, unless there is a 
written agreement, signed by the transferor/seller and transferee/buyer, 
or other credible written evidence, verifying that the transferor/seller 
is transferring the fishing and permit history of a vessel necessary to 
qualify for a limited access lobster permit under paragraph (b)(1)(i)(B) 
or (C) of this section to the transferee/buyer.
    (4) Notification of eligibility for a limited access permit. (i) 
NMFS will attempt to notify all owners of vessels for which NMFS has 
credible evidence that they meet the criteria in paragraph (b)(1) of 
this section.
    (ii) If a vessel owner has not been notified that the vessel is 
eligible to be issued a limited access American lobster permit, and the 
vessel owner believes that there is credible evidence that the vessel 
does qualify under the pertinent criteria, the vessel owner may apply 
for a limited access American lobster permit by submitting the 
information described in paragraphs (d) through (e) of this section. In 
the event the application is denied, the applicant may appeal as 
specified in paragraph (b)(5) of this section. If, through either of 
these procedures, the Regional Director determines that the vessel meets 
the eligibility criteria, a limited access American lobster permit will 
be issued to the vessel.
    (5) Appeal of denial of limited access American lobster permit or of 
permit category assignment. (i) Any applicant denied a limited access 
American lobster permit may appeal the denial to the Regional Director 
within 30 days of the notice of denial. Any such appeal must be based on 
one or more of the following grounds, must be in writing, and must state 
the grounds for the appeal:
    (A) The information used by the Regional Director was based on 
mistaken or incorrect data;
    (B) The applicant was prevented by circumstances beyond his/her 
control from meeting relevant criteria; or
    (C) The applicant has new or additional information.
    (ii) The Regional Director will appoint a designee who will make the 
initial decision on the appeal.
    (iii) The appellant may request a review of the initial decision by 
the Regional Director by so requesting, in writing, within 30 days of 
the notice of initial decision. If the appellant does not request a 
review of the initial decision within 30 days, the initial decision 
shall become the final administrative action of the Department of 
Commerce.
    (iv) Recommendations to the Regional Director by a hearing officer. 
A hearing officer shall be appointed by the Regional Director to review 
the initial decision. The hearing officer shall make findings and a 
recommendation to the Regional Director, which shall be advisory only.

[[Page 241]]

    (v) Upon receiving the findings and a recommendation, the Regional 
Director will issue a final decision on the appeal. The Regional 
Director's decision is the final administrative action of the Department 
of Commerce.
    (vi) Fishing during appeal. A vessel for which an appeal has been 
initiated and that was issued a 1994 Federal or federally endorsed state 
lobster permit, may fish for American lobster in the EEZ if the appeal 
is pending and the vessel has on board an authorizing letter from the 
Regional Director. If the appeal is finally denied, the Regional 
Director shall send a notice of final denial to the vessel owner; the 
authorizing letter becomes invalid 5 days after receipt of the notice of 
denial.
    (6) Confirmation of Permit History. Notwithstanding any other 
provisions of this part, a person who does not currently own a fishing 
vessel, but who has owned a qualifying vessel that has sunk, been 
destroyed, or transferred to another person, may apply for and receive a 
Confirmation of Permit History if the fishing and permit history of such 
vessel has been retained lawfully by the applicant. To be eligible to 
obtain a Confirmation of Permit History, the applicant must show that 
the qualifying vessel meets the eligibility requirements, as applicable, 
in this part. Issuance of a valid and current Confirmation of Permit 
History preserves the eligibility of the applicant to apply for or renew 
a limited access permit for a replacement vessel based on the qualifying 
vessel's fishing and permit history at a subsequent time, subject to the 
replacement provisions specified at Sec. 649.4. A Confirmation of Permit 
History must be applied for and received on an annual basis in order for 
the applicant to preserve the fishing rights and limited access 
eligibility of the qualifying vessel. If fishing privileges have been 
assigned or allocated previously under this part based on the qualifying 
vessel's fishing and permit history, the Confirmation of Permit History 
also preserves such fishing privileges. Any decision regarding the 
issuance of a Confirmation of Permit History for a qualifying vessel 
that has applied for or been issued previously a limited access permit 
under this part is a final agency action subject to judicial review 
under 5 U.S.C. 704. Applications for a Confirmation of Permit History 
shall be accepted by the Regional Director on or before December 31, 
1995. For subsequent years, applications must be received by the end of 
the calendar year in which the Confirmation of Permit History expires. 
Information requirements for the Confirmation of Permit History 
application shall be the same as those for a limited access permit with 
any request for information about the vessel being applicable to the 
qualifying vessel that has been sunk, destroyed, or transferred. Vessel 
permit applicants who hold a Confirmation of Permit History and who wish 
to obtain a vessel permit for a replacement vessel based upon the 
previous vessel history may do so pursuant to paragraph (b) of this 
section.
    (c) Condition. Vessel owners who apply for a permit under this 
section must agree, as a condition of the permit, that the vessel and 
vessel's fishing, catch, and pertinent gear (without regard to whether 
such fishing occurs in the EEZ or landward of the EEZ, and without 
regard to where such fish or gear are possessed, taken, or landed), are 
subject to all requirements of this part. The vessel and all such 
fishing, catch, and gear shall remain subject to all applicable state or 
local requirements. If a requirement of this part and a management 
measure required by state or local law differ, any vessel owner 
permitted to fish in the EEZ must comply with the more restrictive 
requirement.
    (d) Vessel permit application. Applicants for a permit under this 
section must submit a completed application on an appropriate form 
obtained from the Regional Director. The application must be signed by 
the owner of the vessel, or the owner's authorized representative, and 
be submitted to the Regional Director at least 30 days before the date 
on which the applicant desires to have the permit made effective. The 
Regional Director will notify the applicant of any deficiency in the 
application pursuant to this section. Applicants for 1995 limited access 
American lobster permits who have not been notified of eligibility by 
the Regional Director shall provide information with the application 
sufficient for

[[Page 242]]

the Regional Director to determine whether the vessel meets the 
eligibility requirements specified under paragraph (b)(1) of this 
section. Acceptable forms of proof include, but are not limited to, 
state weigh-out records, packout forms, and settlement sheets.
    (e) Information requirements. In addition to applicable information 
required to be provided by paragraph (d) of this section, an application 
for a Federal American lobster permit must contain at least the 
following information, and any other information required by the 
Regional Director: Vessel name; owner name, mailing address, and 
telephone number; U.S. Coast Guard documentation number and a copy of 
the vessel's U.S. Coast Guard documentation or, if undocumented, state 
registration number and a copy of the state registration; home port and 
principal port of landing; overall length; gross tonnage; net tonnage; 
engine horsepower; year the vessel was built; type of construction; type 
of propulsion; approximate fish-hold capacity; type of fishing gear used 
by the vessel; permit category; if the owner is a corporation, a copy of 
the Certificate of Incorporation; and the names and addresses of all 
shareholders owning 25 percent or more of the corporation's shares; if 
the owner is a partnership, a copy of the Partnership Agreement and the 
names and addresses of all partners; if there is more than one owner, 
names of all owners having more than a 25 percent interest; and name and 
signature of the owner or the owner's authorized representative.
    (f) Fees. The Regional Director may charge a fee to recover the 
administrative expense of issuing a permit required under this section. 
The amount of the fee shall be calculated in accordance with the 
procedures of the NOAA Finance Handbook for determining administrative 
costs of each special product or service. The fee may not exceed such 
costs and is specified with each application form. The appropriate fee 
must accompany each application; if it does not, the application will be 
considered incomplete for purposes of paragraph (g)(1) of this section.
    (g) Issuance. (1) Except as provided in subpart D of 15 CFR part 904 
and under paragraph (b)(5) of this section, the Regional Director shall 
issue a Federal American lobster vessel permit within 30 days of receipt 
of the application unless:
    (i) The applicant has failed to submit a completed application. An 
application is complete when all requested forms, information, 
documentation, and fees, if applicable, have been received; or
    (ii) The application was not received by the Regional Director by 
the deadlines set forth in paragraph (b)(1)(iii) of this section; or
    (iii) The applicant and applicant's vessel failed to meet all 
eligibility requirements described in paragraphs (b)(1) and (2) of this 
section; or
    (iv) The applicant has failed to meet any other application 
requirements stated in this part.
    (2) Upon receipt of an incomplete or improperly executed 
application, the Regional Director shall notify the applicant of the 
deficiency in the application. If the applicant fails to correct the 
deficiency within 30 days following the date of notification, the 
application will be considered abandoned.
    (h) Expiration. A Federal American lobster permit will expire upon 
the renewal date specified in the permit.
    (i) Duration. A permit is valid until it is revoked, suspended, or 
modified under 15 CFR part 904, or until it otherwise expires, or 
ownership changes, or the applicant has failed to report any change in 
the information on the permit application to the Regional Director as 
specified in paragraph (l) of this section.
    (j) Replacement. Replacement permits, for an otherwise valid permit, 
may be issued by the Regional Director when requested in writing by the 
owner or authorized representative, stating the need for replacement, 
the name of the vessel, and the Federal Fisheries Permit number 
assigned. An application for a replacement permit will not be considered 
a new application. An appropriate fee may be charged for issuance of the 
replacement permit.
    (k) Transfer. Permits issued under this section are not transferable 
or assignable. A permit is valid only for the vessel and owner to whom 
it is issued.

[[Page 243]]

    (l) Change in application information. Within 15 days after a change 
in the information contained in an application submitted under this 
section, a written notice of the change must be submitted to the 
Regional Director. If the written notice of the change in information is 
not received by the Regional Director within 15 days, the permit is 
void.
    (m) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (n) Display. Any permit issued under this part must be maintained in 
legible condition and displayed for inspection upon request by any 
authorized officer.
    (o) Sanctions. Procedures governing enforcement-related permit 
sanctions and denials are found at subpart D of 15 CFR part 904.
    (p) Limited access American lobster permit renewal. To renew a 
limited access permit in 1996 and thereafter, a completed application 
must be received by the Regional Director by December 31 of the year in 
which the permit is required. Failure to renew a limited access American 
lobster permit or confirmation of permit history in any year prevents 
the renewal of such in subsequent years.
    (q) Abandonment or voluntary relinquishment of limited access 
American lobster permits. If a vessel's limited access American lobster 
permit or confirmation of permit history is voluntarily relinquished to 
the Regional Director, or abandoned through failure to renew or 
otherwise, no limited access American lobster permit or confirmation of 
permit history may be reissued or renewed based on that vessel's 
history.

[59 FR 31943, June 21, 1994, as amended at 60 FR 21997, May 4, 1995; 60 
FR 45682, Sept. 1, 1995; 60 FR 62225, Dec. 5, 1995]



Sec. 649.5  Operator permits.

    (a) General. Beginning on January 1, 1995, any operator of a vessel 
issued a Federal limited access American lobster permit under 
Sec. 649.4(b), or any operator of a vessel of the United States that 
fishes for, possesses, or lands American lobsters, in or harvested from 
the EEZ must have been issued and carry on board a valid operator's 
permit issued under this section. This requirement does not apply to 
party, charter, and dive boats that possess six or fewer American 
lobsters, not intended for or resulting in trade, barter or sale, per 
person aboard the vessel at any time, or to recreational vessels, and 
vessels that fish exclusively in state waters for American lobsters.
    (b) Operator application. Applicants for a permit under this section 
must submit a completed permit application on an appropriate form 
obtained from the Regional Director. The application must be signed by 
the applicant and submitted to the Regional Director at least 30 days 
prior to the date on which the applicant desires to have the permit made 
effective. The Regional Director will notify the applicant of any 
deficiency in the application, pursuant to this section.
    (c) Condition. Vessel operators who apply for an operator's permit 
under this section must agree, as a condition of this permit, that the 
operator and vessel's fishing, catch, crew size, and pertinent gear 
(without regard to whether such fishing occurs in the EEZ or landward of 
the EEZ, and without regard to where such fish or gear are possessed, 
taken, or landed), are subject to all requirements of this part while 
fishing in the EEZ or on board a vessel permitted under Sec. 649.4(b). 
The vessel and all such fishing, catch, and gear will remain subject to 
all applicable state or local requirements. Further, such operators must 
agree, as a condition of this permit, that if the permit is suspended or 
revoked pursuant to 15 CFR part 904, the operator cannot be on board any 
fishing vessel issued a Federal Fisheries Permit or any vessel subject 
to Federal fishing regulations while the vessel is at sea or engaged in 
offloading. If a requirement of this part and a management measure 
required by state or local law differ, any operator issued a permit 
under this part must comply with the more restrictive requirement.
    (d) Information requirements. An applicant must provide at least all 
the following information and any other information required by the 
Regional Director: Name, mailing address, and telephone number; date of 
birth; hair color; eye color; height; weight; social security number 
(optional) and signature of the applicant. The applicant

[[Page 244]]

must also provide two color passport- size photographs.
    (e) Fees. The Regional Director may charge a fee to recover the 
administrative expense of issuing a permit required under this section. 
The amount of the fee is calculated in accordance with the procedures of 
the NOAA Financial Handbook for determining the administrative costs of 
each special product or service. The fee may not exceed such costs and 
is specified with each application form. The appropriate fee must 
accompany each application; if it does not, the application will be 
considered incomplete for purposes of paragraph (f) of this section.
    (f) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Director shall issue an operator's permit within 30 days of 
receipt of a completed application, if the criteria specified in this 
section are met. Upon receipt of an incomplete or improperly executed 
application, the Regional Director will notify the applicant of the 
deficiency in the application. If the applicant fails to correct the 
deficiency within 30 days following the date of notification, the 
application will be considered abandoned.
    (g) Expiration. A Federal operator permit will expire upon the 
renewal date specified in the permit.
    (h) Duration. A permit is valid until it is revoked, suspended, or 
modified under 15 CFR part 904, or otherwise expires, or the applicant 
has failed to report a change in the information on the permit 
application to the Regional Director as specified in paragraph (k) of 
this section.
    (i) Replacement. Replacement permits, for otherwise valid permits, 
may be issued by the Regional Director when requested in writing by the 
applicant, stating the need for replacement and the Federal operator 
permit number assigned. An applicant for a replacement permit must also 
provide two color passport-size photos of the applicant. An application 
for a replacement permit will not be considered a new application. An 
appropriate fee may be charged.
    (j) Transfer. Permits issued under this section are not transferable 
or assignable. A permit is valid only for the person to whom it is 
issued.
    (k) Change in application information. Notice of a change in the 
permit holder's name, address, or telephone number must be submitted in 
writing to, and received by, the Regional Director within 15 days of the 
change in information. If written notice of the change in information is 
not received by the Regional Director within 15 days, the permit is 
void.
    (l) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (m) Display. Any permit issued under this part must be maintained in 
legible condition and displayed for inspection upon request by any 
authorized officer.
    (n) Sanctions. Vessel operators with suspended or revoked permits 
may not be on board a federally permitted fishing vessel in any capacity 
while the vessel is at sea or engaged in offloading. Procedures 
governing enforcement related permit sanctions and denials are found at 
subpart D of 15 CFR part 904.
    (o) Vessel owner responsibility. Vessel owners are responsible for 
ensuring that their vessels are operated by an individual with a valid 
operator's permit issued under this section.







Sec. 649.6  Dealer permits.

    (a) All dealers must have been issued, and have in their possession, 
a valid permit issued under this section.
    (b) Dealer application. Applicants for a permit under this section 
must submit a completed application on an appropriate form provided by 
the Regional Director. The application must be signed by the applicant 
and submitted to the Regional Director at least 30 days before the date 
upon which the applicant desires to have the permit made effective. For 
1994, a copy of an applicant's completed application will serve as a 
temporary permit until the applicant has received a permanent permit. 
The Regional Director will notify the applicant of any deficiency in the 
application, pursuant to this section.
    (c) Information requirements. Applications must contain at least the 
following information and any other information required by the Regional 
Director: Company name, place(s) of business,

[[Page 245]]

mailing address(es) and telephone number(s); owner's name; dealer permit 
number (if a renewal); and name and signature of the person responsible 
for the truth and accuracy of the report. If the dealer is a 
corporation, a copy of the Certificate of Incorporation must be included 
with the application. If the dealer is a partnership, a copy of the 
Partnership Agreement and the names and addresses of all partners must 
be included with the application.
    (d) Fees. The Regional Director may charge a fee to recover the 
administrative expense of issuing a permit required under this section. 
The amount of the fee is calculated in accordance with the procedures of 
the NOAA Finance Handbook for determining the administrative costs of 
each special product or service. The fee may not exceed such costs and 
is specified with each application form. The appropriate fee must 
accompany each application; if it does not, the application will be 
considered incomplete for purposes of paragraph (e) of this section.
    (e) Issuance. Except as provided in subpart D of 15 CFR part 904, 
the Regional Director will issue a permit at any time during the fishing 
year to an applicant, unless the applicant has failed to submit a 
completed application. An application is complete when all requested 
forms, information, and documentation have been received. Upon receipt 
of an incomplete or improperly executed application, the Regional 
Director will notify the applicant of the deficiency in the application. 
If the applicant fails to correct the deficiency within 30 days 
following the date of notification, the application will be considered 
abandoned.
    (f) Expiration. A Federal dealer permit will expire upon the renewal 
date specified in the permit.
    (g) Duration. A permit is valid until it is revoked, suspended, or 
modified under 15 CFR part 904, or otherwise expires, or ownership 
changes, or the applicant has failed to report any change in the 
information on the permit application to the Regional Director as 
required by paragraph (j) of this section.
    (h) Replacement. Replacement permits, for otherwise valid permits, 
may be issued by the Regional Director when requested in writing by the 
applicant, stating the need for replacement and the Federal dealer 
permit number assigned. An application for a replacement permit will not 
be considered a new application. An appropriate fee may be charged.
    (i) Transfer. Permits issued under this section are not transferable 
or assignable. A permit is valid only for the person, or other business 
entity, to which it is issued.
    (j) Change in application information. Within 15 days after a change 
in the information contained in an application submitted under this 
section, a written report of the change must be submitted to, and 
received by, the Regional Director. If written notice of the change in 
information is not received by the Regional Director within 15 days, the 
permit is void.
    (k) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (l) Display. Any permit, or a valid duplicate thereof, issued under 
this section must be maintained in legible condition and displayed for 
inspection upon request by any authorized officer.
    (m) Federal versus state requirements. If a requirement of this part 
differs from a fisheries management measure required by state law, any 
dealer issued a Federal dealer permit must comply with the more 
restrictive requirement.
    (n) Sanctions. Procedures governing enforcement-related permit 
sanctions and denials are found at subpart D of 15 CFR part 904.



Sec. 649.7  Vessel identification.

    (a) Vessel name. Each fishing vessel subject to this part that is 
over 25 ft (7.6 m) in length must display its name on the port and 
starboard sides of its bow and, if possible, on its stern.
    (b) Official number. Each fishing vessel subject to this part that 
is over 25 ft (7.6 m) in length must display its official number on the 
port and starboard sides of its deckhouse or hull, and on an appropriate 
weather deck, so as to be visible from above by enforcement vessels and 
aircraft. The official number is the U.S. Coast Guard documentation 
number or the vessel's state registration number for vessels not 
required to be documented under chapter 123 of title 46 U.S.C.

[[Page 246]]

    (c) Numerals. The official number must be permanently affixed in 
contrasting block Arabic numerals at least 18 inches (45.7 cm) in height 
for vessels over 65 ft (19.8 m), and at least 10 inches (25.4 cm) in 
height for all other vessels over 25 ft (7.6 m) in length.
    (d) Duties of owner and operator. The owner and operator of each 
vessel subject to this part must:
    (1) Keep the vessel name and official number clearly legible and in 
good repair; and
    (2) Ensure that no part of the vessel, its rigging, its fishing 
gear, or any other object obstructs the view of the official number from 
an enforcement vessel or aircraft.



Sec. 649.8  Prohibitions.

    (a) In addition to the general prohibitions specified in Sec. 620.7 
of this chapter, it is unlawful for any person owning or operating a 
vessel issued a Federal American lobster permit under Sec. 649.4 to do 
any of the following:
    (1) Retain on board, land, or possess at or after landing, American 
lobsters that fail to meet the carapace length standard specified in 
Sec. 649.20(b). All American lobsters will be subject to inspection and 
enforcement, up to and including the time when a dealer receives or 
possesses American lobsters for a commercial purpose.
    (2) Retain on board, land, or possess any American lobster or parts 
thereof in violation of the mutilation standards specified in 
Sec. 649.20(c).
    (3) Retain on board, possess, or land any berried female American 
lobster specified in Sec. 649.20(d).
    (4) Remove eggs from any berried female American lobster, land, or 
possess any such lobster from which eggs have been removed. No such 
person may land or possess any lobster that has come in contact with any 
substance capable of removing lobster eggs.
    (5) Retain on board, land, or possess any V-notched female American 
lobsters throughout the range of the stock.
    (6) Possess, deploy, haul, harvest lobster from, or carry aboard a 
vessel any gear not identified, marked, vented, and panelled in 
accordance with the requirements specified in Sec. 649.21, unless such 
gear has been rendered unfishable.
    (7) Fish for, land, or possess American lobsters after December 31, 
1994, unless the operator of the vessel has been issued an operator's 
permit under Sec. 649.5, and the permit is on board the vessel and is 
valid.
    (8) Fail to report to the Regional Director within 15 days any 
change in the information contained in the permit application as 
required under Sec. 649.4(l) or Sec. 649.5(k).
    (9) Make any false statement in connection with an application under 
Sec. 649.4 or Sec. 649.5.
    (10) Fail to affix and maintain permanent markings, as required by 
Sec. 649.7.
    (11) Sell, transfer, or barter or attempt to sell, transfer, or 
barter to a dealer any American lobsters, unless the dealer has a valid 
Federal Dealer's Permit issued under Sec. 649.6.
    (b) In addition to the prohibitions specified in paragraph (a) of 
this section, it is unlawful for any person owning or operating a vessel 
that has not been issued a limited access American lobster permit as 
described under Sec. 649.4(b), to possess on board a vessel or land 
American lobsters unless the vessel is a party, charter, or dive boat 
and there are six or fewer American lobsters per person on such boats, 
and the lobsters are not sold, traded or bartered, or unless the vessel 
is a recreational vessel or a vessel fishing for American lobsters 
exclusively in state waters.
    (c) In addition to the general prohibitions specified in Sec. 620.7 
of this chapter and the prohibitions specified in paragraphs (a) and (b) 
of this section, it is unlawful for any person to do any of the 
following:
    (1) Possess on board a vessel or land American lobsters unless:
    (i) The American lobsters were harvested by a vessel that has been 
issued and carries on board a valid Federal American lobster permit 
under Sec. 649.4(a); or a valid limited access American lobster permit 
under Sec. 649.4(b); or
    (ii) The American lobsters were harvested by a vessel without a 
Federal American lobster permit and that fishes for American lobsters 
exclusively in state waters; or

[[Page 247]]

    (iii) The American lobsters were harvested by a party, charter, or 
dive vessel that possesses six or fewer American lobsters per person on 
board the vessel and the lobsters are not intended to be or are not 
traded, bartered, or sold; or
    (iv) The American lobsters were harvested by a recreational fishing 
vessel.
    (2) Sell, barter, or trade, or otherwise transfer, or attempt to 
sell, barter, or trade, or otherwise transfer, for a commercial purpose, 
any American lobsters from a vessel, unless the vessel has been issued a 
valid Federal American lobster permit under Sec. 649.4, or the American 
lobsters were harvested by a vessel without a Federal American lobster 
permit that fishes for American lobsters exclusively in state waters;
    (3) Purchase, possess, or receive for a commercial purpose, or 
attempt to purchase, possess, or receive for a commercial purpose, as, 
or in the capacity of, a dealer, American lobsters taken from or 
harvested by a fishing vessel issued a Federal American lobster permit, 
unless in possession of a valid dealer's permit issued under Sec. 649.6;
    (4) Purchase, possess, or receive for commercial purposes, or 
attempt to purchase or receive for commercial purposes, as, or in the 
capacity of, a dealer, American lobsters caught by a vessel other than 
one issued a valid Federal American lobster permit under Sec. 649.4, 
unless the American lobsters were harvested by a vessel without a 
Federal American lobster permit and that fishes for American lobsters 
exclusively in state waters;
    (5) Beginning January 1, 1995, to be, or act as, an operator of a 
vessel fishing for or possessing American lobsters in or from the EEZ, 
or issued a Federal American lobster permit under Sec. 649.4 (b), 
without having been issued and possessing a valid operator's permit 
issued under Sec. 649.5.
    (6) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with either a NMFS-approved observer aboard a vessel, or an 
authorized officer conducting any search, inspection, investigation, or 
seizure in connection with enforcement of this part;
    (7) Make any false statement, oral or written, to an authorized 
officer, concerning the taking, catching, harvesting, landing, purchase, 
sale, or transfer of any American lobsters;
    (8) Violate any provision of this part, the Magnuson Act, or any 
regulation, permit, or notification issued under the Magnuson Act or 
these regulations;
    (9) Possess or land any American lobsters harvested in or from the 
EEZ in violation of Sec. 649.20; or
    (10) Ship, transport, offer for sale, sell, or purchase, in 
interstate or foreign commerce, any whole live American lobster in 
violation of Sec. 649.20.
    (d) Any person possessing, or landing American lobsters at or prior 
to the time when those American lobsters are landed, or are received or 
possessed by a dealer, is subject to all of the prohibitions specified 
in paragraphs (a), (b) and (c) of this section, unless the American 
lobsters were harvested by a vessel without a Federal American lobster 
permit and that fishes for American lobsters exclusively in state 
waters; or are from a party, charter, or dive vessel that possesses or 
possessed six or fewer American lobsters per person aboard the vessel at 
any time and the lobsters are not intended for sale, trade, or barter; 
or are from a recreational vessel.
    (e) Presumption. American lobsters that are possessed, or landed at 
or prior to the time when the American lobsters are received by a 
dealer, or American lobsters that are possessed by a dealer, are 
presumed to be harvested from the EEZ or by a vessel with a Federal 
lobster permit. A preponderance of all submitted evidence that such 
American lobsters were harvested by a vessel without a Federal American 
lobster permit and fishing exclusively for American lobsters in state 
waters will be sufficient to rebut the presumption.
    (f) The possession of egg-bearing female American lobsters, V-
notched female American lobsters, or American lobsters that are smaller 
than the minimum size set forth in Sec. 649.20(b), will be prima facie 
evidence that such American lobsters were taken or imported in violation 
of these regulations. Evidence that such American lobsters were 
harvested by a vessel not holding a permit under this part and fishing 
exclusively within state or foreign waters

[[Page 248]]

will be sufficient to rebut the presumption.

[59 FR 31943, June 21, 1994, as amended at 61 FR 16883, Apr. 18, 1996]



Sec. 649.9  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.



Sec. 649.10  Penalties.

    See Sec. 620.9 of this chapter.



                     Subpart B--Management Measures



Sec. 649.20  Harvesting and landing requirements.

    (a) Condition. By being issued a Federal limited access American 
lobster permit, the vessel owner is subject to all measures in this 
subpart, regardless of where American lobsters were harvested.
    (b) Carapace length. (1) The minimum carapace length for all 
American lobsters harvested in or from the EEZ is 3\1/4\ inches (8.26 
cm).
    (2) The minimum carapace length for all American lobsters landed, 
harvested, or possessed at or after landing by vessels issued a Federal 
American lobster permit, is 3\1/4\ inches (8.26 cm).
    (3) No person may ship, transport, offer for sale, sell, or 
purchase, in interstate or foreign commerce, any whole live American 
lobster that is smaller than the minimum size specified in this 
paragraph (b).
    (c) Mutilation. (1) No person may remove meat or any body appendage 
from any American lobster harvested in or from the EEZ before landing, 
or to have in possession on board any American lobster part other than 
whole lobsters.
    (2) No owner, operator or person aboard a vessel issued a Federal 
American lobster permit may remove meat or any body appendage from any 
American lobster before landing, or to have in possession on board any 
American lobster part other than whole lobsters.
    (d) Berried females. (1) Any berried female American lobster 
harvested in or from the EEZ must be returned to the sea immediately.
    (2) Any berried female American lobster harvested or possessed by a 
vessel issued a Federal American lobster permit must be returned to the 
sea immediately.
    (3) No person may ship, transport, offer for sale, sell, or 
purchase, in interstate or foreign commerce, any berried female American 
lobster as specified in this paragraph (d).
    (e) Scrubbing. (1) No person may remove extruded eggs attached to 
the abdominal appendages from any female American lobster harvested on 
or from the EEZ.
    (2) No owner, operator or person aboard a vessel issued a Federal 
American lobster permit may remove extruded eggs attached to the 
abdominal appendages from any female American lobster.
    (3) No person may ship, transport, offer for sale, sell, or 
purchase, in interstate or foreign commerce, any whole live American 
lobster that bears evidence of the forcible removal of extruded eggs 
from its abdominal appendages as specified in this paragraph (e).



Sec. 649.21  Gear identification and marking, escape vent, and ghost panel requirements.

    (a) Identification. All lobster gear deployed in the EEZ or 
possessed by a person whose vessel is permitted for fishing in the EEZ, 
and not permanently attached to the vessel, must be legibly and 
indelibly marked with one of the following codes of identification:
    (1) A number assigned by the Regional Director; and/or
    (2) Whatever positive identification marking is required by the 
vessel's home-port state.
    (b) Marking. In the areas of the EEZ described in paragraph (b)(4) 
of this section, lobster pot trawls are to be marked as follows:
    (1) Lobster pot trawls of three or fewer pots must be marked with a 
single buoy.
    (2) Lobster pot trawls consisting of more than three pots must have 
a radar reflector and a single flag or pennant on the westernmost end 
(marking the half compass circle from magnetic south through west, to 
and including north), while the easternmost end (meaning the half 
compass circle from magnetic north through east, to and including south) 
of an American lobster pot trawl must be marked with a

[[Page 249]]

radar reflector only. Standard tetrahedral corner radar reflectors (see 
Figure 1 of this part) of at least 8 inches (20.32 cm)(both in height 
and width, and made from metal) must be employed.
    (3) No American lobster pot trawl shall exceed 1.5 nautical miles 
(2.78 km) in length, as measured from buoy to buoy.
    (4) Gear marking requirements apply in the following areas:
    (i) Gulf of Maine gear area. All waters of the EEZ north of 
42 deg.20' N. lat. seaward of a line drawn 12 nautical miles (22.2 km) 
from the baseline of the territorial sea;
    (ii) Georges Bank gear Area. All waters of the EEZ south of 
42 deg.20' N. lat. and east of 70 deg.00' W. long. or the outer boundary 
of the territorial sea, whichever lies farther east;
    (iii) Southern New England gear Area. All waters of the EEZ west of 
70 deg.00' W. long., east of 71 deg.30' W. long. at a depth greater than 
25 fathoms (45.72 m); and
    (iv) Mid-Atlantic gear Area. All waters of the EEZ, west of 
71 deg.30' W. long. and north of 36 deg.33' N. lat. at a depth greater 
than 40 fathoms (73.15 m).
    (c) Escape vents. All American lobster traps deployed in the EEZ or 
possessed by a person whose vessel is permitted for fishing in the EEZ, 
as specified under Sec. 649.4, must be constructed to include one of the 
following escape vents in the parlor section of the trap. The vent must 
be located in such a manner that it would not be blocked or obstructed 
by any portion of the trap, associated gear, or the sea floor in normal 
use.
    (1) The specifications for escape vents are as follows:
    (i) A rectangular portal with an unobstructed opening not less than 
1\7/8\ inches (4.76 cm) by 5\3/4\ inches (14.61 cm);
    (ii) Two circular portals with unobstructed openings not less than 
2\3/8\ inches (6.03 cm) in diameter.
    (2) The Regional Director may, at the request of, or after 
consultation with, the Lobster Oversight Committee of the Council, 
approve, and publish in the Federal Register any other type of 
acceptable escape vent that the Regional Director finds to be consistent 
with paragraphs (c)(1)(i) and (ii) of this section.
    (d) Ghost panel. Lobster traps not constructed entirely of wood must 
contain a ghost panel.
    (1) The specifications of this requirement are as follows:
    (i) The opening to be covered by the ghost panel must be rectangular 
and shall not be less than 3\3/4\ inches (9.53 cm) by 3\3/4\ inches 
(9.53 cm).
    (ii) The panel must be constructed of, or fastened to the trap with, 
one of the following untreated materials: Wood lath, cotton, hemp, sisal 
or jute twine not greater than \3/16\ inch (0.48 cm) in diameter, or 
non-stainless, uncoated ferrous metal not greater than \3/32\ inch (0.24 
cm) in diameter.
    (iii) The door of the trap may serve as the ghost panel, if fastened 
with a material specified in paragraph (d)(1)(ii) of this section.
    (iv) The ghost panel must be located in the outer parlor(s) of the 
trap and not the bottom of the trap.
    (2) The Regional Director may, at the request of, or after 
consultation with, the Lobster Oversight Committee of the Council, 
approve, and publish in the Federal Register, any other design, 
mechanism, material, or specification not described in the regulations 
in this part that serves to create an escape portal not less than 3\3/4\ 
inches (9.53 cm) by 3\3/4\ inches (9.53 cm).
    (e) Enforcement action. Unidentified, unmarked, unvented, or 
improperly vented American lobster traps will be seized and disposed of 
in accordance with the provisions of part 219 of this title.



Sec. 649.22  Experimental fishing exemption.

    (a) The Regional Director may exempt any person or vessel from the 
requirements of this part for the conduct of experimental fishing 
beneficial to the management of the American lobster resource or 
fishery.
    (b) The Regional Director may not grant such exemption unless it is 
determined that the purpose, design, and administration of the exemption 
is consistent with the objectives of the FMP, the provisions of the 
Magnuson Act, and other applicable law, and that granting the exemption 
will not:

[[Page 250]]

    (1) Have a detrimental effect on the American lobster resource and 
fishery; or
    (2) Create significant enforcement problems.
    (c) Each vessel participating in any exempted experimental fishing 
activity is subject to all provisions of this part, except those 
necessarily relating to the purpose and nature of the exemption. The 
exemption will be specified in a letter issued by the Regional Director 
to each vessel participating in the exempted activity. This letter must 
be carried aboard the vessel seeking the benefit of such exemption.



    Subpart C--Stock Rebuilding Program and Framework Adjustments to 
                           Management Measures



Sec. 649.41  Purpose and scope.

    The purpose of this subpart is to specify the requirements and 
framework procedures for implementing the Stock Rebuilding Program, 
intended to eliminate overfishing in any resource areas.



Sec. 649.42  Stock rebuilding program requirements and time frame.

    (a) General. (1) The Council has until July 20, 1995 to submit to 
NMFS management measures to achieve the objectives of the FMP. The 
measures must be designed to achieve the FMP objectives for reducing 
fishing mortality within 5 years for the stock in the Gulf of Maine 
segment of the fishery and 10 years for the Southern New England segment 
of the stock. Such measures may be submitted through the Magnuson Act 
amendment process or through the first-year area management framework 
specifications in Sec. 649.43.
    (2) In developing such management measures, the Council shall submit 
management measures to reduce fishing mortality in each of four 
management areas specified in paragraph (b) of this section. These 
management measures shall be implemented according to the first-year 
area management framework specifications in Sec. 649.43.
    (3) If the Council has not submitted management measures sufficient 
to achieve the objectives of the FMP on or before July 20, 1995, the 
Secretary shall determine, according to provisions of 16 U.S.C. 1854(c), 
whether to prepare an amendment to the FMP.
    (b) Management areas. The Stock Rebuilding Program to be submitted 
by the Council shall be developed based on the status of stock of 
American lobsters and management considerations for each of the areas 
described and defined in this paragraph (b) (see Figures 2 and 3 of this 
part).
    (1) Area 1. Near-shore EEZ Waters of the Gulf of Maine. This area is 
defined by the area bounded by straight lines (rhumb lines) connecting 
the following points, in the order stated, and the territorial sea:

------------------------------------------------------------------------
              Point                    Latitude           Longitude     
------------------------------------------------------------------------
A...............................  44 deg.04 N.       67 deg.19' W. and  
                                                      northward along   
                                                      the irregular U.S.
                                                      - Canada Maritime 
                                                      Boundary to the   
                                                      territorial sea.  
B...............................  43 deg.03 N.       70 deg.00 W.       
C...............................  42 deg.14 N.       70 deg.00 W.       
D...............................  42 deg.08 N.       69 deg.55 W.       
E...............................  42 deg.06 N.       70 deg.04 W.       
------------------------------------------------------------------------

    (2) Area 2. Near-shore EEZ Waters of Southern New England. This area 
is defined by the area bounded by straight lines (rhumb lines) 
connecting the following points in the order stated and the territorial 
sea:

------------------------------------------------------------------------
              Point                    Latitude           Longitude     
------------------------------------------------------------------------
E...............................  42 deg.06 N.       70 deg.04 W.       
D...............................  42 deg.08 N.       69 deg.55 W.       
F...............................  41 deg.10 N.       69 deg.06 W.       
G...............................  40 deg.46 N.       71 deg.34 W.       
H...............................  41 deg.06 N.       71 deg.43 W.       
I...............................  41 deg.05 N.       71 deg.49 W.       
------------------------------------------------------------------------

    (3) Area 3. EEZ Offshore Waters. This area is defined by the area 
bounded by straight lines (rhumb lines) connecting the following points, 
in the order stated, and westerly of the U.S. - Canada Maritime 
Boundary:

------------------------------------------------------------------------
              Point                                       Longitude     
------------------------------------------------------------------------
A...............................  44 deg.04 N.       67 deg.19 W. and   
                                                      northward along   
                                                      the irregular U.S.
                                                      - Canada Maritime 
                                                      Boundary to the   
                                                      territorial sea.  
B...............................  43 deg.03 N.       70 deg.00 W.       
C...............................  42 deg.14 N.       70 deg.00 W.       
D...............................  42 deg.08 N.       69 deg.55 W.       
F...............................  41 deg.10 N.       69 deg.06 W.       
G...............................  40 deg.46 N.       71 deg.34 W.       
J...............................  40 deg.13 N.       72 deg.44 W.       
K...............................  38 deg.39 N.       73 deg.24 W.       
L...............................  38 deg.12 N.       73 deg.55 W.       
M...............................  37 deg.12 N.       74 deg.44 W.       

[[Page 251]]

                                                                        
N...............................  35 deg.41 N.       75 deg.10 W.       
O...............................  35 deg.15 N.       75 deg.28 W.       
------------------------------------------------------------------------

    (4) Area 4. Near-shore EEZ Waters of the Middle Atlantic. This area 
is defined by the area bounded by straight lines (rhumb lines) 
connecting the following points, in the order stated, and the 
territorial sea:

------------------------------------------------------------------------
              Point                     Latitude           Longitude    
------------------------------------------------------------------------
I................................  41 deg.05 N.        71 deg.49 W.     
H................................  41 deg.06 N.        71 deg.43 W.     
G................................  40 deg.46 N.        71 deg.34 W.     
J................................  40 deg.13 N.        72 deg.44 W.     
K................................  38 deg.39 N.        73 deg.24 W.     
L................................  38 deg.12 N.        73 deg.55 W.     
M................................  37 deg.12 N.        74 deg.44 W.     
N................................  35 deg.41 N.        75 deg.10 W.     
O................................  35 deg.15 N.        75 deg.28 W.     
------------------------------------------------------------------------

    (c) Effort Management Teams (EMT). (1) The Council shall establish 
EMTs for each area specified in paragraph (b) of this section, for the 
purpose of making recommendations to the Council on management measures 
to achieve the objectives of the FMP.
    (2) Members of each EMT shall be appointed by the Council, in 
consultation with appropriate states and NMFS. Members of the EMT shall 
consist of a group of technical representatives that serve on each EMT 
and a group of representatives from the lobster industry, based on their 
geographical affiliation with an EMT. The Council may decide the number 
of representatives and operating procedures of the EMTs.
    (3) No later than January 20, 1995, each EMT shall report its 
recommendations for management measures for the stock rebuilding program 
for the area it represents to the Council.



Sec. 649.43  First year framework specifications.

    (a) On or before January 20, 1995, each EMT shall submit its 
recommendations for management measures for the area it represents to 
the Council. In developing these recommendations, the EMTs may consider 
and recommend additional restrictions or limitations on vessels 
participating in the lobster fishery according to the categories and 
guidelines contained in paragraph (b) of this section.
    (b) After receiving the recommendations of the EMTs, the Council 
shall determine what management measures are necessary for each 
management area, in order to achieve the objectives of stock rebuilding 
specified in the FMP. For the management measures the Council determines 
are necessary to meet FMP objectives, the Council shall provide 
appropriate rationale and economic and biological analysis of the 
determinations. The Council shall make these determinations over the 
span of at least two Council meetings and provide the public with 
advance notice of, and opportunity to comment on, the determinations and 
the analyses before making final recommendations to be submitted to 
NMFS. The Council's recommendation on necessary management measures may 
come from one or more of the following categories:
    (1) Minimum-size changes;
    (2) A maximum-size limit;
    (3) Trap limits;
    (4) Seasonal closures of one or more management areas;
    (5) Closed areas or zones within a management area;
    (6) Restrictions on allowable fishing time;
    (7) Restrictions on allowable catches;
    (8) Permitting restrictions;
    (9) Additional restrictions on gear;
    (10) Overfishing definition;
    (11) Limitations on participation in the fishery in accordance with 
the control date guidelines listed below. These guidelines will apply 
until a stock rebuilding program is established.
    (i) It is the intent of the Council that in the event that a system 
of assigning fishing rights is developed as part of the FMP, such 
assignments shall be based upon historical levels of participation in 
the fishery prior to March 25, 1991, with consideration for recent 
investments that have not yet been reflected in measures of 
participation.
    (ii) New or re-rigged vessels will be given consideration in the 
assignment of fishing rights if:
    (A) They were under construction or re-rigging for directed lobster 
fishing as of March 25, 1991, as evidenced by written construction 
contracts, work orders, equipment purchases, or other evidence of 
substantial investment and

[[Page 252]]

intent to participate in the lobster fishery; and
    (B) They possessed an American lobster permit and landed lobster 
prior to March 25, 1992.
    (iii) The public is further notified that it is the intent of the 
Council that historical participation will transfer with a vessel, for 
transfers made after March 25, 1991, unless such transfer is accompanied 
by a written document indication the agreement of both buyer and seller 
that any future fishing rights applicable to that vessel are not being 
transferred with the vessel.
    (iv) The Council further intends that any system of assigning 
fishing rights will take into consideration the following concerns 
relative to individuals or corporations that have sold a vessel within 
the time that may be chosen to determine historical fishing rights:
    (A) The degree of economic dependence upon the lobster fishery 
including, but not limited to, the percentage of income derived from the 
lobster fishery;
    (B) Extent of past participation in the lobster fishery; and
    (C) Demonstration of intent prior to March 25, 1991, to re-enter the 
lobster fishery with a different vessel.
    (12) Any other restrictions that the Council may designate for the 
purpose of reducing or controlling fishing mortality rates, except that 
an Individual Transferable Quota (ITQ) system would require a full FMP 
amendment.
    (c) After developing necessary management measures and receiving 
public testimony, the Council shall make a recommendation to the 
Regional Director on or before July 20, 1995. The Council's 
recommendation must include supporting rationale and, if management 
measures are recommended, an analysis of impacts, and a recommendation 
to the Regional Director on whether to publish the management measures 
as a final rule. If the Council recommends that the management measures 
should be published as a final rule, the Council must consider at least 
the following factors and provide support and analysis for each factor 
considered:
    (1) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season;
    (2) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures;
    (3) Whether there is an immediate need to protect the resource; and
    (4) Whether there will be a continuing evaluation of management 
measures adopted, following their promulgation as a final rule.
    (d) If the Council's recommendation includes adjustments or 
additions to management measures, after reviewing the Council's 
recommendation and supporting information:
    (1) If the Regional Director concurs with the Council's recommended 
management measures and determines that the recommended management 
measures may be published as a final rule, based on the factors 
specified in paragraph (c) of this section, the action will be published 
in the Federal Register as a final rule; or
    (2) If the Regional Director concurs with the Council's 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, the action will be 
published as a proposed rule in the Federal Register. After additional 
public comment, if the Regional Director concurs with the Council 
recommendation, the action will be published as a final rule in the 
Federal Register; or
    (3) If the Regional Director does not concur, the Council will be 
notified, in writing, of the reasons for the non-concurrence.
    (e) At any time, the Council may make other adjustments to 
management measures implemented under this part pursuant to the 
provisions in Sec. 649.44.
    (f) Nothing in this section is meant to diminish the authority of 
the Secretary to take emergency action under section 305(c) of the 
Magnuson Act.

[[Page 253]]



Sec. 649.44  Framework specifications after the first year of implementation.

    (a) Annually, upon request from the Council, the Regional Director 
will provide the Council with information of the status of the American 
lobster resource, based on the most recent stock assessment report.
    (b) The Council and Atlantic States Fisheries Commission, through 
consultation with the ASMFC Lobster Scientific Committee within the 
stock assessment process and with the EMTs, shall continue to monitor 
the effectiveness of the Stock Rebuilding Program and to ensure, to the 
extent possible, that regional measures (within a Management Area) do 
not shift costs from one Management Area to another.
    (c) In addition, the EMTs, on at least an annual basis, shall 
determine the extent to which the objectives of the FMP are being 
achieved and shall make recommendations to the Council for further 
management actions, if required.
    (d) After receiving the EMT recommendations, the Council shall 
determine whether adjustments to, or additional management measures are 
necessary to meet the goals and objectives of the FMP. After considering 
the EMT's recommendations, or at any other time, if the Council 
determines that adjustments to, or additional management measures are 
necessary, it shall develop and analyze appropriate management actions 
over the span of at least two Council meetings. The Council shall 
provide the appropriate rationale and economic and biological analysis 
for its recommendation, utilizing the most current catch, effort, and 
other relevant data from the fishery. The Council shall provide the 
public with advance notice of the availability of both the proposals and 
the analyses, and opportunity to comment on them prior to, and at, the 
second Council meeting. The Council's recommendation on adjustments or 
additions to management measures may come from one or more of the 
following categories:
    (1) Minimum-size changes;
    (2) A maximum-size limit;
    (3) Trap limits;
    (4) Seasonal closures of one or more management areas;
    (5) Closed areas or zones within a management area;
    (6) Restrictions on allowable fishing time;
    (7) Restrictions on allowable catches;
    (8) Permitting restrictions;
    (9) Additional restrictions on gear;
    (10) Overfishing definition;
    (11) Limitations on participation in the fishery in accordance with 
the control date guidelines contained in Sec. 649.44(b)(11). These 
guidelines will apply until a stock rebuilding program is established.
    (12) Any other restrictions which the Council may designate for the 
purpose of reducing or controlling fishing mortality rates, except that 
an Individual Transferable Quota (ITQ) system would require a full FMP 
amendment.
    (e) After developing management actions and receiving public 
testimony, the Council shall make a recommendation to the Regional 
Director. The Council's recommendation must include supporting rationale 
and, if management measures are recommended, an analysis of impacts, and 
a recommendation to the Regional Director on whether to publish the 
management measures as a final rule. If the Council recommends that the 
management measures should be published as a final rule, the Council 
must consider at least the following factors and provide support and 
analysis for each factor considered:
    (1) Whether the availability of data on which the recommended 
management measures are based allows for adequate time to publish a 
proposed rule, and whether regulations have to be in place for an entire 
harvest/fishing season;
    (2) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Council's recommended management measures;
    (3) Whether there is an immediate need to protect the resource; and
    (4) Whether there will be a continuing evaluation of management 
measures adopted, following their promulgation as a final rule.

[[Page 254]]

    (f) If the Council's recommendation includes adjustments or 
additions to management measures, after reviewing the Council's 
recommendation and supporting information:
    (1) If the Regional Director concurs with the Council's recommended 
management measures and determines that the recommended management 
measures may be published as a final rule, based on the factors 
specified in paragraph (d) of this section, the action will be published 
in the Federal Register as a final rule; or
    (2) If the Regional Director concurs with the Council's 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, the action will be 
published as a proposed rule in the Federal Register. After additional 
public comment, if the Regional Director concurs with the Council 
recommendation, the action will be published as a final rule in the 
Federal Register; or
    (3) If the Regional Director does not concur, the Council will be 
notified, in writing, of the reasons for the non-concurrence.
    (g) Nothing in this section shall impair the authority of the 
Secretary to take emergency action under section 305(c) of the Magnuson 
Act.

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PART 654--STONE CRAB FISHERY OF THE GULF OF MEXICO--Table of Contents




                       Subpart A--General Measures

Sec.
654.1  Purpose and scope.
654.2  Definitions.
654.3  Relation to other laws.
654.4  Permits and fees. [Reserved]
654.5  Recordkeeping and reporting. [Reserved]
654.6  Vessel and gear identification.
654.7  Prohibitions.
654.8  Facilitation of enforcement.
654.9  Penalties.

                     Subpart B--Management Measures

654.20  Seasons.
654.21  Harvest limitations.
654.22  Gear restrictions.
654.23  Southwest Florida seasonal trawl closure.
654.24  Shrimp/stone crab separation zones.
654.25  Prevention of gear conflicts.
654.26  Adjustment of management measures.
654.27  Specifically authorized activities.

                     Appendix A to Part 654--Figures

Figure 1--Stone Crab Claw
Figure 2--Southwest Florida Seasonal Trawl Closure
Figure 3--Shrimp/Stone Crab Separation Zones

    Authority: 16 U.S.C. 1801 et seq.

    Source: 60 FR 13919, Mar. 15, 1995, unless otherwise noted.



                       Subpart A--General Measures



Sec. 654.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for the Stone Crab Fishery of the Gulf of Mexico, prepared by the 
Gulf of Mexico Fishery Management Council under the Magnuson Act.
    (b) This part governs conservation and management of stone crab and 
restricts the trawl fishery in the management area.
    (c) ``EEZ'' refers to the EEZ in the management area, unless the 
context clearly indicates otherwise.



Sec. 654.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following 
meanings:
    Management area means the EEZ off the coast of Florida from a line 
extending directly south from the Alabama/Florida boundary 
(87 deg.31'06'' W. long.) to a line extending directly east from the 
Dade/Monroe County, FL boundary (25 deg.20.4' N. lat.).
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, telephone: 813-570-
5301; or a designee.
    Stone crab means Menippe mercenaria, M. adina or the hybrid, M. 
adina X M. mercenaria, or a part thereof.



Sec. 654.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter and paragraphs (b), (c), and (d) of this 
section.
    (b) The regulations in this part are intended to be compatible with, 
and do not supersede, similar regulations in effect for the Everglades 
National Park (36 CFR 7.45).
    (c) The regulations in this part are intended to be compatible with 
similar regulations and statutes in effect in Florida's waters.
    (d) Under Amendment 5 to the Fishery Management Plan for the Stone 
Crab Fishery of the Gulf of Mexico, there is a temporary moratorium on 
the issuance by the Regional Director of Federal numbers and color codes 
to mark vessels and gear in the stone crab fishery in the management 
area. The moratorium will end not later than June 30, 1998. During the 
moratorium, fishermen must obtain numbers and color codes from Florida. 
(See Sec. 654.6(a).)



Sec. 654.4  Permits and fees. [Reserved]



Sec. 654.5  Recordkeeping and reporting. [Reserved]



Sec. 654.6  Vessel and gear identification.

    (a) An owner or operator of a vessel that is used to harvest stone 
crabs by traps in the management area must comply with the vessel and 
gear identification requirements applicable to the harvesting of stone 
crabs by traps in Florida's waters in effect as of April 14, 1995, in 
Rule 62N-8.001 and Rule 46- 

[[Page 259]]

13.002(2) (e) and (f), Florida Administrative Code. This incorporation 
by reference was approved by the Director of the Office of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be obtained from the Florida Marine Fisheries Commission, 2540 
Executive Center Circle West, Suite 106, Tallahassee, FL 32301; 
telephone: 904-487-0554. Copies may be inspected at the office of the 
Regional Director; the Office of Fisheries Conservation and Management, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910; or the Office of 
the Federal Register, 800 North Capitol Street, NW, Suite 700, 
Washington, DC.
    (b) A stone crab trap or buoy in the EEZ that is not in compliance 
with the gear identification requirements specified in paragraph (a) of 
this section is illegal. Such trap or buoy, and any connecting lines, 
will be considered unclaimed or abandoned property and may be disposed 
of in any manner considered appropriate by the Assistant Administrator 
or an authorized officer. An owner of such trap or buoy remains subject 
to appropriate civil penalties. A stone crab trap will be presumed to be 
the property of the most recently documented owner.

[60 FR 13919, Mar. 15, 1995; 60 FR 20196, Apr. 28, 1995]



Sec. 654.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Falsify or fail to display and maintain vessel and gear 
identification, as required by Sec. 654.6(a).
    (b) Possess a stone crab in the management area during the period 
specified in Sec. 654.20(a).
    (c) Possess a stone crab trap in the management area during the 
period specified in Sec. 654.20(c).
    (d) Remove from a stone crab in or from the management area, or 
possess in the management area, a claw that is less than the minimum 
size limit specified in Sec. 654.21(a).
    (e) Fail to return immediately to the water unharmed an egg-bearing 
stone crab, or strip eggs from or otherwise molest an egg-bearing stone 
crab; as specified in Sec. 654.21(b).
    (f) Hold a stone crab in or from the management area aboard a vessel 
other than as specified in Sec. 654.21(c).
    (g) Use or possess in the management area a stone crab trap that 
does not have a biodegradable panel, as specified in Sec. 654.22(a).
    (h) Pull or tend a stone crab trap in the management area other than 
during daylight hours, as specified in Sec. 654.22(b).
    (i) Willfully tend, open, pull, or otherwise molest another 
fisherman's trap, buoy, or line in the management area, as specified in 
Sec. 654.22(c).
    (j) Trawl in a closed area or during a closed season, as specified 
in Secs. 654.23 or 654.24, or as may be implemented under 
Sec. 654.25(b).
    (k) Place a stone crab trap in a closed area or during a closed 
season, as specified in Sec. 654.24, or as may be implemented under 
Sec. 654.25(b).
    (l) Interfere with fishing or obstruct or damage fishing gear or the 
fishing vessel of another, as specified in Sec. 654.25(a).
    (m) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of stone crab.
    (n) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson Act.



Sec. 654.8  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.



Sec. 654.9  Penalties.

    See Sec. 620.9 of this chapter.



                     Subpart B--Management Measures



Sec. 654.20  Seasons.

    (a) Closed season. No person may possess a stone crab in the 
management area from 12:01 a.m., local time, May 16, through 12 p.m. 
midnight, local time, October 14, each year. Holding a stone crab in a 
trap in the water during a soak period or during a removal period (see 
paragraph (b) of this section), or during any extension thereto, is not 
deemed possession, provided that, if the trap is removed from the water

[[Page 260]]

during such period, such crab is returned immediately to the water with 
its claws unharvested.
    (b) Placement of traps. (1) Prior to the fishing season. The period 
of October 5 through October 14 is established as a trap soak period. A 
stone crab trap may be placed in the management area not earlier than 1 
hour before sunrise on October 5.
    (2) After the fishing season. The period of May 16 through May 20 is 
established as a trap removal period. A stone crab trap must be removed 
from the management area not later than 1 hour after sunset on May 20, 
unless an extension to the removal period is granted under paragraph 
(b)(2)(i) of this section and the extension authorization is carried 
aboard the fishing vessel as specified in paragraph (b)(2)(ii) of this 
section.
    (i) An extension of the removal period may be granted by Florida in 
accordance with Rule 46-13.002(2)(b), Florida Administrative Code, in 
effect as of April 14, 1995. This incorporation by reference was 
approved by the Director of the Office of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from the Florida Marine Fisheries Commission, 2540 Executive 
Center Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904-
487-0554. Copies may be inspected at the office of the Regional 
Director, or the Office of the Federal Register, 800 North Capitol 
Street, N.W., Suite 700, Washington, DC.
    (ii) The extension authorization must be carried aboard the fishing 
vessel. The operator of a fishing vessel must present the authorization 
for inspection upon request of an authorized officer.
    (c) Possession of stone crab traps. A stone crab trap may not be 
possessed in the management area from the end of the trap removal 
period, or an extension thereto, to the beginning of the trap soak 
period, as specified in paragraph (b) of this section. A stone crab 
trap, float, or rope in the management area during this period will be 
considered unclaimed or abandoned property and may be disposed of in any 
manner considered appropriate by the Assistant Administrator or an 
authorized officer. An owner of such trap, float, or rope remains 
subject to appropriate civil penalties.



Sec. 654.21  Harvest limitations.

    (a) Claw size. No person may remove from a stone crab in or from the 
management area, or possess in the management area, a claw with a 
propodus measuring less than 2.75 inches (7.0 cm), measured in a 
straight line from the elbow to the tip of the lower immovable finger. 
The propodus is the largest section of the claw assembly that has both a 
movable and immovable finger and is located farthest from the body when 
the entire appendage is extended. (See Appendix A, Figure 1, of this 
part.)
    (b) Egg-bearing stone crabs. An egg-bearing stone crab in or from 
the management area must be returned immediately to the water unharmed--
without removal of a claw. An egg-bearing stone crab may not be stripped 
of its eggs or otherwise molested.
    (c) Holding stone crabs. A live stone crab in or from the management 
area may be held aboard a vessel until such time as a legal-sized claw 
is removed, provided it is held in a container that is shaded from 
direct sunlight and it is wet with sea water as necessary to keep it in 
a damp condition. Containers holding stone crabs must be stacked in a 
manner that does not compress the crabs. A stone crab body from which a 
legal-sized claw has been removed must be returned to the sea before the 
vessel reaches shore or a port or dock.



Sec. 654.22  Gear restrictions.

    (a) Biodegradable panels. A stone crab trap used or possessed in the 
management area must have a panel constructed of wood or cotton and 
located on a side of the trap at least two slats above the bottom, or on 
the top of the trap, which, when removed, will leave an opening in the 
trap measuring at least 2.5 inches by 5 inches (6.35 cm by 12.7 cm).
    (b) Daylight hours. A stone crab trap in the management area may be 
pulled or tended during daylight hours only--that is, from 1 hour before 
sunrise to 1 hour after sunset.
    (c) Gear belonging to others. No fisherman may willfully tend, open, 
pull, or

[[Page 261]]

otherwise molest another fisherman's trap, buoy, or line in the 
management area without the prior written consent of that fisherman.



Sec. 654.23  Southwest Florida seasonal trawl closure.

    From January 1 to 1 hour after sunset (local time) May 20, each 
year, the area described in this section is closed to trawling, 
including trawling for live bait. The area is that part of the 
management area shoreward of a line connecting the following points (see 
Appendix A, Figure 2, of this part):

------------------------------------------------------------------------
              Point                  North  Latitude    West  Longitude 
------------------------------------------------------------------------
B\1\.............................  26 deg.16'          81 deg.58.5'     
C................................  26 deg.00'          82 deg.04'       
D................................  25 deg.09'          81 deg.47.6'     
E................................  24 deg.54.5'        81 deg.50.5'     
M\1\.............................  24 deg.49.3'        81 deg.46.4'     
------------------------------------------------------------------------
\1\ On the seaward limit of Florida's waters.                           



Sec. 654.24  Shrimp/stone crab separation zones.

    Five zones are established in the management area and Florida's 
waters off Citrus and Hernando Counties for the separation of shrimp 
trawling and stone crab trapping. The zones are as shown in Appendix A, 
Figure 3, of this part. Although Zone II is entirely within Florida's 
waters, it is included in this section and Appendix A, Figure 3, of this 
part for the convenience of fishermen. Restrictions that apply to Zone 
II and those parts of the other zones that are in Florida's waters are 
contained in Rule 46-38.001, Florida Administrative Code. Geographical 
coordinates of the points referred to in this paragraph and shown in 
Appendix A, Figure 3, of this part are as follows (loran readings are 
unofficial and are included only for the convenience of fishermen):

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       Loran Chain 7980                 
                  Point                          North latitude                West  longitude       ---------------------------------------------------
                                                                                                           W            X            Y            Z     
--------------------------------------------------------------------------------------------------------------------------------------------------------
A.......................................  28 deg.59'30''                82 deg.45'36''                    14416.5      31409.4      45259.1      62895.3
B.......................................  28 deg.59'30''                83 deg.00'10''                    14396.0      31386.3      45376.8      63000.0
C.......................................  28 deg.26'01''                82 deg.59'47''                    14301.5      31205.9      45103.2      63000.0
D.......................................  28 deg.26'01''                82 deg.56'54''                    14307.0      31212.2      45080.0      62981.3
E.......................................  28 deg.41'39''                82 deg.55'25''                    14353.7      31300.2      45193.9      62970.0
F.......................................  28 deg.41'39''                82 deg.56'09''                    14352.4      31298.6      45199.4      62975.0
G.......................................  28 deg.48'56''                82 deg.56'19''                    14372.6      31337.2      45260.0      62975.0
H.......................................  28 deg.53'51''                82 deg.51'19''                    14393.9      31371.8      45260.0      62938.7
I.......................................  28 deg.54'43''                82 deg.44'52''                      (\1\)        (\1\)        (\1\)        (\1\)
J.......................................  28 deg.51'09''                82 deg.44'00''                      (\2\)        (\2\)        (\2\)        (\2\)
K.......................................  28 deg.50'59''                82 deg.54'16''                    14381.6      31351.8      45260.0      62960.0
L.......................................  28 deg.41'39''                82 deg.53'56''                    14356.2      31303.0      45181.7      62960.0
M.......................................  28 deg.41'39''                82 deg.38'46''                      (\3\)        (\3\)        (\3\)        (\3\)
N.......................................  28 deg.41'39''                82 deg.53'12''                    14357.4      31304.4      45176.0      62955.0
O.......................................  28 deg.30'51''                82 deg.55'11''                    14323.7      31242.4      45104.9      62970.0
P.......................................  28 deg.40'00''                82 deg.53'08''                    14352.9      31295.7      45161.8      62955.0
Q.......................................  28 deg.40'00''                82 deg.47'58''                    14361.3      31305.4      45120.0      62920.0
R.......................................  28 deg.35'14''                82 deg.47'47''                    14348.6      31280.6      45080.0      62920.0
S.......................................  28 deg.30'51''                82 deg.52'55''                    14327.7      31247.0      45086.6      62955.0
T.......................................  28 deg.27'46''                82 deg.55'09''                    14315.2      31225.8      45080.0      62970.0
U.......................................  28 deg.30'51''                82 deg.52'09''                    14329.1      31248.6      45080.0     62949.9 
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Crystal River Entrance Light 1A.                                                                                                                    
\2\ Long Pt. (southwest tip).                                                                                                                           
\3\ Shoreline.                                                                                                                                          

    (a) Zone I is enclosed by rhumb lines connecting, in order, points 
A, B, C, D, T, E, F, G, H, I, and J, plus the shoreline between points A 
and J. It is unlawful to trawl in that part of Zone I that is in the EEZ 
during the period October 5 through May 20, each year.
    (b) Zone II is enclosed by rhumb lines connecting, in order, points 
J, I, H, K, L, and M, plus the shoreline between points J and M.
    (c) Zone III is enclosed by rhumb lines connecting, in order, points 
P, Q, R, U, S, and P. It is unlawful to trawl in that part of Zone III 
that is in the EEZ during the period October 5 through May 20, each 
year.
    (d) Zone IV is enclosed by rhumb lines connecting, in order, points 
E, N, S, O, and E.
    (1) It is unlawful to place a stone crab trap in that part of Zone 
IV that

[[Page 262]]

is in the EEZ during the periods October 5 through December 1, and April 
2 through May 20, each year.
    (2) It is unlawful to trawl in that part of Zone IV that is in the 
EEZ during the period December 2 through April 1, each year.
    (e) Zone V is enclosed by rhumb lines connecting, in order, points 
F, G, K, L, and F.
    (1) It is unlawful to place a stone crab trap in that part of Zone V 
that is in the EEZ during the periods October 5 through November 30, and 
March 16 through May 20, each year.
    (2) It is unlawful to trawl in that part of Zone V that it is in the 
EEZ during the period December 1 through March 15, each year.
    (f) A stone crab trap, float, or rope in the management area during 
a period not authorized by this section will be considered unclaimed or 
abandoned property and may be disposed of in any manner considered 
appropriate by the Assistant Administrator or an authorized officer. An 
owner of such trap, float, or rope remains subject to appropriate civil 
penalties. A stone crab trap will be presumed to be the property of the 
most recently documented owner.



Sec. 654.25  Prevention of gear conflicts.

    (a) No person may knowingly place in the management area any 
article, including fishing gear, that interferes with fishing or 
obstructs or damages fishing gear or the fishing vessel of another; or 
knowingly use fishing gear in such a fashion that it obstructs or 
damages the fishing gear or fishing vessel of another.
    (b) In accordance with the procedures and limitations of the Fishery 
Management Plan for the Stone Crab Fishery of the Gulf of Mexico, the 
Regional Director may modify or establish separation zones for shrimp 
trawling and the use of fixed gear as may be necessary and appropriate 
to prevent gear conflicts. Necessary prohibitions or restrictions will 
be published in the Federal Register.



Sec. 654.26  Adjustment of management measures.

    In accordance with the procedures and limitations of the fishery 
management plan for the Stone Crab Fishery of the Gulf of Mexico, the 
Regional Director may establish or modify the following management 
measures: Limitations on the number of traps that may be fished by each 
vessel; construction characteristics of traps; gear and vessel 
identification requirements; gear that may be used or prohibited in a 
directed fishery; bycatch levels in non-directed fisheries; seasons; 
soak/removal periods and requirements for traps; use, possession and 
handling of stone crabs aboard vessels; and minimum legal sizes.



Sec. 654.27  Specifically authorized activities.

    The Regional Director may authorize, for the acquisition of 
information and data, activities otherwise prohibited by the regulations 
in this part.

                     Appendix A to Part 654--Figures

Figure 1--Stone Crab Claw
Figure 2--Southwest Florida Seasonal Trawl Closure
Figure 3--Shrimp/Stone Crab Separation Zones

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PART 660--FISHERIES OFF WEST COAST AND WESTERN PACIFIC STATES--Table of Contents




                           Subpart A--General

Sec.
660.1  Purpose and scope.
660.2  Relation to other laws.
660.3  Reporting and recordkeeping.

              Subpart B--Western Pacific Fisheries--General

660.11  Purpose and scope.
660.12  Definitions.
660.13  Permits and fees.
660.14  Reporting and recordkeeping.
660.15  Prohibitions.
660.16  Vessel identification.
660.17  Experimental fishing.

              Subpart C--Western Pacific Pelagic Fisheries

660.21  Permits.
660.22  Prohibitions.
660.23  Notifications.
660.24  Gear identification.
660.25  Vessel monitoring system.
660.26  Longline fishing prohibited area management.
660.27  Exemptions for longline fishing prohibited areas; procedures.
660.28  Conditions for at-sea observer coverage.
660.29  Port privileges and transiting for unpermitted U.S. longline 
          vessels.
660.30  Prohibition of drift gillnetting.
660.31  Framework adjustments to management measures.

             Subpart D--Western Pacific Crustacean Fisheries

660.41  Permits.
660.42  Prohibitions.
660.43  Notifications.
660.44  Lobster size and condition restrictions--Permit Area 2.
660.45  Closed seasons.
660.46  Closed areas.
660.47  Gear identification.
660.48  Gear restrictions.
660.49  At-sea observer coverage.
660.50  Harvest limitation program.
660.51  Monk seal protective measures.
660.52  Monk seal emergency protective measures.
660.53  Framework procedures.
660.54  Five-year review.

         Subpart E--Bottomfish And Seamount Groundfish Fisheries

660.61  Permits.
660.62  Prohibitions.
660.63  Notification.
660.64  Gear restrictions.
660.65  At-sea observer coverage.
660.66  Protected species conservation.
660.67  Framework for regulatory adjustments.
660.68  Fishing moratorium on Hancock Seamount.
660.69  Management Subareas.

                  Subpart F--Precious Corals Fisheries

660.81  Permits.
660.82  Prohibitions.
660.83  Seasons.
660.84  Quotas.
660.85  Closures.
660.86  Size restrictions.
660.87  Area restrictions.
660.88  Gear restrictions.

                    Subpart G--West Coast Groundfish

660.301  Purpose and scope.
660.302  Definitions.
660.303  Reporting and recordkeeping.
660.304  Management areas.
660.305  Vessel identification.
660.306  Prohibitions.
660.321  Specifications and management measures.
660.322  Gear restrictions.
660.323  Catch restrictions.
660.324  Pacific Coast treaty Indian fisheries.
660.331  Limited entry and open access fisheries--general.
660.332  Allocations.
660.333  Limited entry fishery.
660.334  Limited entry permits--``A'' endorsement.
660.335  Limited entry permits--``Provisional A'' endorsement.
660.336  Limited entry permits--``B'' endorsement.
660.337  Limited entry permits--``designated species B'' endorsement.
660.338  Limited entry permits--new permits.
660.339  Limited entry permit fees.
660.340  Limited entry permit appeals.
660.341  Limited entry permit sanctions.

                 Subpart H--West Coast Salmon Fisheries

660.401  Purpose and scope.
660.402  Definitions.
660.403  Relation to other laws.
660.404  Recordkeeping and reporting.
660.405  Prohibitions.
660.406  Exempted fishing.
660.407  Treaty Indian fishing.
660.408  Annual actions.
660.409  Inseason actions.
660.410  Escapement goals.
660.411  Notification and publication procedures.
Tables--Part 660

[[Page 267]]

Table 1 to Part 660--Quotas for Precious Corals Permit Areas
Table 2 to Part 660--Vessel Capacity Ratings for West Coast Groundfish 
          Limited Entry Permits
Figures--Part 660
Figure 1 to Part 660--Carapace Length of Lobsters
Figure 2 to Part 660--Length of a Longline Vessel
Figure 3 to Part 660--Dressed, Head-off Length of Salmon

    Authority: 16 U.S.C. 1801 et. seq.

    Source: 61 FR 34572, July 2, 1996, unless otherwise noted.



                           Subpart A--General



Sec. 660.1  Purpose and scope.

    (a) The regulations in this part govern fishing for Western Pacific 
and West Coast fishery management unit species by vessels of the United 
States that operate or are based inside the outer boundary of the EEZ 
off Western Pacific and West Coast States.
    (b) General regulations governing fishing by all vessels of the 
United States and by fishing vessels other than vessels of the United 
States are contained in part 600 of this chapter.



Sec. 660.2  Relation to other laws.

    NMFS recognizes that any state law pertaining to vessels registered 
under the laws of that state while operating in the fisheries regulated 
under this part, and that is consistent with this part and the FMPs 
implemented by this part, shall continue in effect with respect to 
fishing activities regulated under this part.



Sec. 660.3  Reporting and recordkeeping.

    Except for fisheries subject to subparts D and F of this part, any 
person who is required to do so by applicable state law or regulation 
must make and/or file all reports of management unit species landings 
containing all data and in the exact manner required by applicable state 
law or regulation.



              Subpart B--Western Pacific Fisheries--General



Sec. 660.11  Purpose and scope.

    (a) This subpart contains regulations that are common to all Western 
Pacific fisheries managed under fishery management plans prepared by the 
Western Pacific Fishery Management Council under the Magnuson Act.
    (b) Regulations specific to individual fisheries are included in 
subparts C, D, E, and F of this part.



Sec. 660.12  Definitions.

    In addition to the definitions in the Magnuson Act and in 
Sec. 600.10 of this chapter, the terms used in subparts B through F of 
this part have the following meanings:
    Bottomfish FMP means the Fishery Management Plan for Bottomfish and 
Seamount Groundfish of the Western Pacific Region.
    Bottomfish management area means the areas designated in 
Sec. 660.69.
    Bottomfish management unit species means the following fish:

------------------------------------------------------------------------
           Common name                Local name        Scientific name 
------------------------------------------------------------------------
Snappers:                                                               
    Silver jaw jobfish..........  Lehi (H); palu-     Aphareus rutilans.
                                   gustusilvia (S).                     
    Gray jobfish................  Uku (H); asoama     Aprion virescens. 
                                   (S).                                 
    Squirrelfish snapper........  Ehu (H); palu-      Etelis            
                                   malau (S).          carbunculus.     
    Longtail snapper............  Onaga, ula'T1ula    Etelis coruscans. 
                                   (H); palu-loa (S).                   
    Blue stripe snapper.........  Ta'ape (H); savane  Lutjanus kasmira. 
                                   (S); funai (G).                      
    Yellowtail snapper..........  Palu-i' lusama      Pristipomoides    
                                   (S); yellowtail     auricilla.       
                                   kalekale.                            
    Pink snapper................  Opakapaka (H);      Pristipomoides.   
                                   palu-'Tlena'lena                     
                                   (S); gadao (G).                      
    Yelloweye snapper...........  Palusina (S);       Pristipomoides    
                                   yelloweye           flavipinnis.     
                                   opakapaka.                           
    Snapper.....................  Kalekale (H)......  Pristipomoides    
                                                       sieboldii.       
    Snapper.....................  Gindai (H,G); palu- Pristipomoides    
                                   sega (S).           zonatus.         
Jacks:                                                                  
    Giant trevally..............  White ulua (H);     Caranx ignoblis.  
                                   tarakito (G);                        
                                   sapo-anae (S).                       
    Black jack..................  Black ulua (H);     Caranx lugubris.  
                                   tarakito (G);                        
                                   tafauli (S).                         
    Thick lipped trevally.......  Pig ulua (H);       Pseudocaranx      
                                   butaguchi (H).      dentex.          
    Amberjack...................  Kahala (H)........  Seriola dumerili. 
Groupers:                                                               
    Blacktip grouper............  Fausi (S); gadau    Epinephelus       
                                   (G).                fasciatus.       

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    Sea bass....................  Hapu' 1upu'u (H)..  Epinephelus       
                                                       quernus.         
    Lunartail grouper...........  Papa (S)..........  Variola louti.    
Emperor fishes:                                                         
    Ambon emperor...............  Filoa-gutumumu (S)  Lethrinus         
                                                       amboinensis.     
    Redgill emperor.............  Filoa-pa'lo'omumu   Lethrinus         
                                   (S); mafuti (G).    rubrioperculatus.
------------------------------------------------------------------------
Notes: G--Guam; H--Hawaii; S--American Samoa.                           

    Carapace length means a measurement in a straight line from the 
ridge between the two largest spines above the eyes, back to the rear 
edge of the carapace of a spiny lobster (see Figure 1 of this part).
    Commercial fishing, as used in subpart D of this part, means fishing 
with the intent to sell all or part of the catch of lobsters. All 
lobster fishing in Crustaceans Permit Area 1 is considered commercial 
fishing.
    Council means the Western Pacific Fishery Management Council.
    Crustaceans FMP means the Fishery Management Plan for Crustacean 
Fisheries of the Western Pacific Region.
    Crustaceans management area means the combined portions of the EEZ 
encompassed by Crustaceans Permit Areas 1, 2, and 3.
    Crustaceans management unit species means spiny lobster (Panulirus 
marginatus or Panulirus penicillatus), slipper lobster (family 
Scyllaridae), and Kona crab (Ranina ranina).
    Crustaceans Permit Area 1 (Permit Area 1) means the EEZ off the 
Northwestern Hawaiian Islands.
    Crustaceans Permit Area 2 (Permit Area 2) means the EEZ off the main 
Hawaiian Islands.
    Crustaceans Permit Area 3 (Permit Area 3) means the EEZ of the 
Territory of Guam and the EEZ of the Territory of American Samoa.
    Crustaceans receiving vessel means a vessel of the United States to 
which lobster taken in Permit Area 1 are transferred from another 
vessel.
    Dead coral means any precious coral that contains holes from borers 
or is discolored or encrusted at the time of removal from the seabed.
    EFP means an experimental fishing permit.
    First level buyer means:
    (1) The first person who purchases, with the intention to resell, 
management unit species, or portions thereof, that were harvested by a 
vessel that holds a permit or is otherwise regulated under subpart D of 
this part; or
    (2) A person who provides recordkeeping, purchase, or sales 
assistance in the first transaction involving management unit species 
(such as the services provided by a wholesale auction facility).
    Fish dealer means any person who:
    (1) Obtains, with the intention to resell, Pacific pelagic 
management unit species, or portions thereof, that were harvested or 
received by a vessel that holds a permit or is otherwise regulated under 
subpart E of this part; or
    (2) Provides recordkeeping, purchase, or sales assistance in 
obtaining or selling such management unit species (such as the services 
provided by a wholesale auction facility).
    Fisheries Management Division (FMD) means the Chief, Fisheries 
Management Division, Southwest Regional Office, NMFS, or a designee. See 
Table 1 to Sec. 600.502 for the address of the Regional Office.
    Fishing gear, as used in subpart D of this part, includes:
    (1) Bottom trawl, which means a trawl in which the otter boards or 
the footrope of the net are in contact with the sea bed.
    (2) Gillnet, (see Sec. 600.10).
    (3) Hook-and-line, which means one or more hooks attached to one or 
more lines.
    (4) Set net, which means a stationary, buoyed, and anchored gill 
net.
    (5) Trawl, (see Sec. 600.10).
    Fishing trip means a period of time during which fishing is 
conducted, beginning when the vessel leaves port and ending when the 
vessel lands fish.
    Fishing year means the year beginning at 0001 local time on January 
1 and ending at 2400 local time on December 31.
    Harvest guideline means a specified numerical harvest objective.

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    Hawaii longline limited access permit means the permit required by 
Sec. 660.21 to use a vessel to fish for Pacific pelagic management unit 
species with longline gear in the EEZ around Hawaii or to land or 
transship longline-caught Pacific pelagic management unit species 
shoreward of the outer boundary of the EEZ around Hawaii.
    Incidental catch or incidental species means species caught while 
fishing for the primary purpose of catching a different species.
    Interested parties means the State of Hawaii Department of Land and 
Natural Resources, the Council, holders of permits issued under subpart 
D of this part, and any person who has notified the Regional Director of 
his or her interest in the procedures and decisions described in 
Secs. 660.51 and 660.52, and who has specifically requested to be 
considered an ``interested party.''
    Land or landing means offloading fish from a fishing vessel, 
arriving in port to begin offloading fish, or causing fish to be 
offloaded from a fishing vessel.
    Length overall (LOA) or length of a vessel, as used in 
Sec. 660.21(i), means the horizontal distance, rounded to the nearest 
foot (with 0.5 ft and above rounded upward), between the foremost part 
of the stem and the aftermost part of the stern, excluding bowsprits, 
rudders, outboard motor brackets, and similar fittings or attachments 
(see Figure 2 of this part). ``Stem'' is the foremost part of the 
vessel, consisting of a section of timber or fiberglass, or cast, 
forged, or rolled metal, to which the sides of the vessel are united at 
the fore end, with the lower end united to the keel, and with the 
bowsprit, if one is present, resting on the upper end. ``Stern'' is the 
aftermost part of the vessel.
    Live coral means any precious coral that is free of holes from 
borers, and has no discoloration or encrustation on the skeleton at the 
time of removal from the seabed.
    Lobster closed area means an area of the EEZ that is closed to 
fishing for lobster.
    Longline fishing prohibited area means the portions of the EEZ in 
which longline fishing is prohibited as specified in Sec. 660.26.
    Longline fishing vessel means a vessel that has longline gear on 
board the vessel.
    Longline gear means a type of fishing gear consisting of a main line 
that exceeds 1 nm in length, is suspended horizontally in the water 
column either anchored, floating, or attached to a vessel, and from 
which branch or dropper lines with hooks are attached; except that, 
within the protected species zone, longline gear means a type of fishing 
gear consisting of a main line of any length that is suspended 
horizontally in the water column either anchored, floating, or attached 
to a vessel, and from which branch or dropper lines with hooks are 
attached.
    Longline general permit means the permit required by Sec. 660.21 to 
use a vessel to fish for Pacific pelagic management unit species in the 
fishery management area, excluding the EEZ around Hawaii, or to land or 
transship longline-caught fish shoreward of the outer boundary of the 
fishery management area, excluding the waters shoreward of the EEZ 
around Hawaii.
    Main Hawaiian Islands means the islands of the Hawaiian Islands 
Archipelago lying to the east of 161 deg. W. long.
    Non-precious coral means any species of coral other than those 
listed under the definition for precious coral in this section.
    Non-selective gear means any gear used for harvesting corals that 
cannot discriminate or differentiate between types, size, quality, or 
characteristics of living or dead corals.
    Northwestern Hawaiian Islands (NWHI) means the islands of the 
Hawaiian Islands Archipelago lying to the west of 161 deg. W. long.
    Offloading means removing management unit species from a vessel.
    Owner, as used in subparts C and D of this part, means a person who 
is identified as the current owner of the vessel as described in the 
Certificate of Documentation (Form CG-1270) issued by the USCG for a 
documented vessel, or in a registration certificate issued by a state or 
territory or the USCG for an undocumented vessel. As used in subpart E 
and F of this part, owner has the meaning in Sec. 600.10 of this 
chapter.
    Pacific Area Office means the Pacific Area Office, Southwest Region, 
NMFS,

[[Page 270]]

located in Honolulu, HI. The address and phone number may be obtained 
from the Regional Director whose address is in Table 1 to Sec. 600.502.
    Pacific pelagic management unit species means the following fish:

------------------------------------------------------------------------
                Common name                        Scientific name      
------------------------------------------------------------------------
Mahimahi (dolphin fish)...................  Coryphaena spp.             
Marlin and spearfish......................  Makaira spp.                
                                            Tetrapturus spp.            
Oceanic sharks............................  Family Alopiidae.           
                                            Family Carcharhinidae.      
                                            Family Lamnidae.            
                                            Family Sphyrnidae.          
Sailfish..................................  Istiophorus platypterus.    
Swordfish.................................  Xiphias gladius.            
Tuna and related species..................  Allothunnus spp., Auxis spp.
                                            Euthynnus spp.,             
                                            Gymnosarda spp.             
                                            Katsuwonus spp., Scomber    
                                             spp.                       
                                            Thunnus spp.                
Wahoo.....................................  Acanthocybium solandri.     
------------------------------------------------------------------------

    Pelagics FMP means the Fishery Management Plan for Pelagic Species 
Fisheries of the Western Pacific Region.
    Precious coral means any coral of the genus Corallium in addition to 
the following species of corals:

------------------------------------------------------------------------
                Common name                        Scientific name      
------------------------------------------------------------------------
Pink coral (also known as red coral)......  Corallium secundum.         
Pink coral (also known as red coral)......  Corallium regale.           
Pink coral (also known as red coral)......  Corallium laauense.         
Gold coral................................  Gerardia spp.               
Gold coral................................  Callogorgia gilberti.       
Gold coral................................  Narella spp.                
Gold coral................................  Calyptrophora spp.          
Bamboo coral..............................  Lepidisis olapa.            
Bamboo coral..............................  Acanella spp.               
Black coral...............................  Antipathes dichotoma.       
Black coral...............................  Antipathes grandis.         
Black coral...............................  Antipathes ulex.            
------------------------------------------------------------------------

    Precious coral permit area means the area encompassing the precious 
coral beds in the management area. Each bed is designated by a permit 
area code and assigned to one of the following four categories:
    (1) Established beds. Makapuu (Oahu), Permit Area E-B-1, includes 
the area within a radius of 2.0 nm of a point at 21 deg.18.0' N. lat., 
157 deg.35.5' W. long.
    (2) Conditional beds. (i) Keahole Point (Hawaii), Permit Area C-B-1, 
includes the area within a radius of 0.5 nm of a point at 19 deg.46.0' 
N. lat., 156 deg.06.0' W. long.
    (ii) Kaena Point (Oahu), Permit Area C-B-2, includes the area within 
a radius of 0.5 nm of a point at 21 deg.35.4' N. lat., 158 deg.22.9' W. 
long.
    (iii) Brooks Bank, Permit Area C-B-3, includes the area within a 
radius of 2.0 nm of a point at 24 deg.06.0' N. lat., 166 deg.48.0' W. 
long.
    (iv) 180 Fathom Bank, Permit Area C-B-4, N.W. of Kure Atoll, 
includes the area within a radius of 2.0 nm of a point at 28 deg.50.2' 
N. lat., 178 deg.53.4' W. long.
    (3) Refugia. Westpac Bed, Permit Area R-1, includes the area within 
a radius of 2.0 nm of a point at 28 deg.50.2' N. lat., 162 deg.35.0' W. 
long.
    (4) Exploratory areas. (1) Permit Area X-P-H includes all coral 
beds, other than established beds, conditional beds, or refugia, in the 
EEZ seaward of the State of Hawaii.
    (ii) Permit Area X-P-AS includes all coral beds, other than 
established beds, conditional beds, or refugia, in the EEZ seaward of 
American Samoa.
    (iii) Permit Area X-P-G includes all coral beds, other than 
established beds, conditional beds, or refugia, in the EEZ seaward of 
Guam.
    (iv) Permit Area X-P-PI includes all coral beds, other than 
established beds, conditional beds, or refugia, in the EEZ seaward of 
the U.S. Pacific Island possessions.
    Protected species means an animal protected under the MMPA, listed 
under the ESA, or subject to the Migratory Bird Treaty Act, as amended.
    Protected species study zones means the waters within a specified 
distance, designated by the Regional Director pursuant to Sec. 660.66, 
around the following islands of the NWHI and as measured from the 
following coordinates: Nihoa Island 23 deg.05' N. lat., 161 deg.55' W. 
long.; Necker Island 23 deg.35' N. lat., 164 deg.40' W. long.; French 
Frigate Shoals 23 deg.45' N. lat., 166 deg.15' W. long.; Gardner 
Pinnacles 25 deg.00' N. lat., 168 deg.00' W. long.; Maro Reef 25 deg.25' 
N. lat., 170 deg.35' W. long.; Laysan Island 25 deg.45' N. lat., 
171 deg.45' W. long.; Lisianski Island 26 deg.00' N. lat., 173 deg.55' 
W. long.; Pearl and Hermes Reef 27 deg.50' N. lat., 175 deg.50' W. 
long.; Midway Island 28 deg.14' N. lat., 177 deg.22' W. long.; and Kure 
Island 28 deg.25' N. lat., 178 deg.20' W. long. The protected species 
study zones encompasses waters within 50 nm of the geographical 
coordinates listed above.

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    Protected species zone means an area, designated under Sec. 660.26, 
measured from the center geographical positions of certain islands and 
reefs in the NWHI, as follows: Nihoa Island 23 deg.05' N. lat., 
161 deg.55' W. long.; Necker Island 23 deg.35' N. lat., 164 deg.40' W. 
long.; French Frigate Shoals 23 deg.45' N. lat., 166 deg.15' W. long; 
Gardner Pinnacles 25 deg.00' N. lat., 168 deg.00' W. long.; Maro Reef 
25 deg.25' N. lat., 170 deg.35' W. long.; Laysan Island 25 deg.45' N. 
lat., 171 deg.45' W. long; Lisianski Island 26 deg.00' N. lat., 
173 deg.55' W. long.; Pearl and Hermes Reef 27 deg.50' N. lat., 
175 deg.50' W. long.; Midway Islands 28 deg.14' N. lat., 177 deg.22' W. 
long.; and Kure Island 28 deg.25' N. lat., 178 deg.20' W. long. Where 
the areas are not contiguous, parallel lines drawn tangent to and 
connecting those semi-circles of the 50-nm areas that lie between Nihoa 
Island and Necker Island, French Frigate Shoals and Gardner Pinnacles, 
Gardner Pinnacles and Maro Reef, and Lisianski Island and Pearl and 
Hermes Reef, shall delimit the remainder of the protected species zone.
    Qualifying landing means a landing that meets a standard required 
for permit eligibility under Sec. 660.61.
    (1) Permit renewal. A qualifying landing for permit renewal under 
Sec. 660.61(e) is a landing that contained 2,500 lb (1,134 kg) of 
bottomfish from the NWHI or a landing of at least 2,500 lb (1,134 kg) of 
fish from the NWHI, of which at least 50 percent by weight was 
bottomfish.
    (2) New access eligibility points. A qualifying landing for 
eligibility points under Sec. 660.61(g) is any landing of bottomfish 
from the NWHI, regardless of weight, if made on or before August 7, 
1985; or a landing of at least 2,500 lb (1,134 kg) of bottomfish 
lawfully harvested from the NWHI, or a landing of at least 2,500 lb 
(1,134 kg) of fish lawfully harvested from the NWHI, of which at least 
50 percent by weight was bottomfish, if made after August 7, 1985.
    Receiving vessel permit means a permit required by Sec. 660.21(c) 
for a receiving vessel to transship or land Pacific pelagic management 
unit species taken by other vessels using longline gear.
    Regional Director means the Director, Southwest Region, NMFS (see 
Table 1 of Sec. 600.502 for address).
    Seamount groundfish means the following species:

------------------------------------------------------------------------
                Common name                        Scientific name      
------------------------------------------------------------------------
Armorhead.................................  Pentaceros richardsoni.     
Alfonsin..................................  Beryx splendens.            
Raftfish..................................  Hyperoglyphe japonica.      
------------------------------------------------------------------------

    Selective gear means any gear used for harvesting corals that can 
discriminate or differentiate between type, size, quality, or 
characteristics of living or dead corals.
    Special Agent-In-Charge (SAC) means the Special Agent-In-Charge, 
NMFS, Office of Enforcement, Southwest Region, or a designee of the 
Special Agent-In-Charge.
    Transship means offloading or otherwise transferring management unit 
species or products thereof to a receiving vessel.
    Trap means a box-like device used for catching and holding lobsters.
    U.S. harvested corals means coral caught, taken, or harvested by 
vessels of the United States within any fishery for which a fishery 
management plan has been implemented under the Magnuson Act.
    Vessel monitoring system unit (VMS unit) means the hardware and 
software equipment owned by NMFS, installed on vessels by NMFS, and 
required by subpart C of this part to track and transmit the positions 
from longline fishing vessels.



Sec. 660.13   Permits and fees.

    (a) Applicability. The requirements for permits for specific Western 
Pacific fisheries are set forth in subparts C through F of this part.
    (b) Validity. Each permit is valid for fishing only in the specific 
fishery management areas identified on the permit.
    (c) Application. (1) A Southwest Region Federal Fisheries 
application form may be obtained from the Pacific Area Office to apply 
for a permit to operate in any of the fisheries regulated under subparts 
C, D, E, and F of this part. In no case shall the Pacific Area Office 
accept an application that is not on the Southwest Region Federal 
Fisheries application form. A completed application is one that contains 
all the necessary information, attachments,

[[Page 272]]

certifications, signatures, and fees required.
    (2) A minimum of 15 days should be allowed for processing a permit 
application. If an incomplete or improperly completed application is 
filed, the applicant will be sent a notice of deficiency. If the 
applicant fails to correct the deficiency within 30 days following the 
date of notification, the application will be considered abandoned.
    (d) Change in application information. A minimum of 10 days should 
be given for the Pacific Area Office to record any change in information 
from the permit application submitted under paragraph (c) of this 
section. Failure to report such changes may result in invalidation of 
the permit.
    (e) Issuance. After receiving a complete application, the FMD will 
issue a permit to an applicant who is eligible under Sec. 660.21, 
Sec. 660.41, Sec. 660.61, or Sec. 660.81, as appropriate.
    (f) Fees. (1) No fee is required for a permit issued under subparts 
D, E, and F of this part.
    (2) A fee is charged for each application for a Hawaii longline 
limited access permit (including permit transfers and permit renewals). 
The amount of the fee is calculated in accordance with the procedures of 
the NOAA Finance Handbook, available from the Regional Director, for 
determining the administrative costs of each special product or service. 
The fee may not exceed such costs and is specified with each application 
form. The appropriate fee must accompany each application. Failure to 
pay the fee will preclude issuance of a Hawaii longline limited access 
permit.
    (g) Expiration. Permits issued under this subpart will remain valid 
for the period specified on the permit unless transferred, revoked, 
suspended, or modified under 15 CFR part 904.
    (h) Replacement. Replacement permits may be issued, without charge, 
to replace lost or mutilated permits. An application for a replacement 
permit is not considered a new application.
    (i) Transfer. An application for a permit transfer as allowed under 
Sec. 660.21(h), Sec. 660.41(e), or Sec. 660.61(c) and (d) must be 
submitted to the Pacific Area Office as described in paragraph (c) of 
this section.
    (j) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (k) Display. Any permit issued under this subpart, or a facsimile of 
the permit, must be on board the vessel at all times while the vessel is 
fishing for, taking, retaining, possessing, or landing management unit 
species shoreward of the outer boundary of the fishery management area. 
Any permit issued under this section must be displayed for inspection 
upon request of an authorized officer.
    (l) Sanctions. Procedures governing sanctions and denials are found 
at subpart D of 15 CFR part 904.
    (m) Permit appeals. Procedures for appeals of permit and 
administrative actions are specified in the relevant subparts of this 
part.



Sec. 660.14   Reporting and recordkeeping.

    (a) Fishing record forms. The operator of any fishing vessel subject 
to the requirements of Secs. 660.21, 660.41, or 660.81 must maintain on 
board the vessel an accurate and complete record of catch, effort, and 
other data on report forms provided by the Regional Director. All 
information specified on the forms must be recorded on the forms within 
24 hours after the completion of each fishing day. The original logbook 
form for each day of the fishing trip must be submitted to the Regional 
Director within 72 hours of each landing of management unit species. 
Each form must be signed and dated by the fishing vessel operator.
    (b) Transshipment logbooks. Any person subject to the requirements 
of Sec. 660.21(c) must maintain on board the vessel an accurate and 
complete NMFS transshipment logbook containing report forms provided by 
the Regional Director. All information specified on the forms must be 
recorded on the forms within 24 hours of the day of transshipment. The 
original logbook form for each day of transshipment activity must be 
submitted to the Regional Director within 72 hours of each landing of 
management unit species. Each form must be signed and dated by the 
receiving vessel operator.
    (c) Sales report. The operator of any fishing vessel subject to the 
requirements of Sec. 660.41 must submit to the

[[Page 273]]

Regional Director, within 72 hours of offloading of crustaceans 
management unit species, an accurate and complete sales report on a form 
provided by the Regional Director. The form must be signed and dated by 
the fishing vessel operator.
    (d) Packing or weigh-out slips. The operator of any fishing vessel 
subject to the requirements of Sec. 660.41 must attach packing or 
weighout slips provided to the operator by the first-level buyer(s), 
unless the packing or weighout slips have not been provided in time by 
the buyer(s).
    (e) Modification of reporting and recordkeeping requirements. The 
Regional Director may, after consultation with the Council, initiate 
rulemaking to modify the information to be provided on the fishing 
record forms, transshipment logbook, and sales report forms and 
timeliness by which the information is to be provided, including the 
submission of packing or weighout slips.
    (f) Availability of records for inspection. (1) Pacific pelagic 
management unit species. Upon request, any fish dealer must immediately 
provide an authorized officer access for inspecting and copying all 
records of purchases, sales, or other transactions involving Pacific 
pelagic management unit species taken or handled by longline vessels 
that have permits issued under this subpart or that are otherwise 
subject to subpart C of this part, including, but not limited to, 
information concerning:
    (i) The name of the vessel involved in each transaction and the 
owner or operator of the vessel.
    (ii) The weight, number, and size of each species of fish involved 
in each transaction.
    (iii) Prices paid by the buyer and proceeds to the seller in each 
transaction.
    (2) Crustaceans management unit species. Upon request, any first-
level buyer must immediately allow an authorized officer and any 
employee of NMFS designated by the Regional Director, to access, 
inspect, and copy all records described in paragraph (a) of this section 
relating to crustacean management unit species taken by vessels that 
have permits issued under this subpart or that are otherwise subject to 
subpart D of this part.
    (3) Bottomfish and seamount groundfish management unit species. Any 
person who is required by state laws and regulations to maintain records 
of landings and sales for vessels regulated by this subpart and subpart 
E of this part must make those records immediately available for Federal 
inspection and copying upon request by an authorized officer.
    (g) State reporting. Any person who has a permit under Secs. 660.21 
or 660.61 and who is required by state laws and regulations to maintain 
and submit records of landings and sales for vessels regulated by 
subparts C and E of this part must maintain and submit those records in 
the exact manner required by state laws and regulations.



Sec. 660.15   Prohibitions.

    In addition to the prohibitions in Sec. 600.725 of this chapter, it 
is unlawful for any person to:
    (a) Engage in fishing without a valid permit or facsimile of a valid 
permit on board the vessel and available for inspection by an authorized 
officer, when a permit is required under Sec. 660.13 or Sec. 660.17, 
unless the vessel was at sea when the permit was issued under 
Sec. 660.13, in which case the permit must be on board the vessel before 
its next trip.
    (b) File false information on any application for a fishing permit 
under Sec. 660.13 or an EFP under Sec. 660.17.
    (c) Fail to file reports in the exact manner required by any state 
law or regulation, as required in Sec. 660.14.
    (d) Falsify or fail to make, keep, maintain, or submit any logbook 
or logbook form or other record or report required under Secs. 660.14 
and 660.17.
    (e) Refuse to make available to an authorized officer or a designee 
of the Regional Director for inspection or copying, any records that 
must be made available in accordance with Sec. 660.14.
    (f) Fail to affix or maintain vessel or gear markings, as required 
by Secs. 660.16, 660.24, and 660.47.
    (g) Violate a term or condition of an EFP issued under Sec. 660.17.
    (h) Fail to report any take of or interaction with protected species 
as required by Sec. 660.17(k).
    (i) Fish without an observer on board the vessel after the owner or 
agent of

[[Page 274]]

the owner has been directed by NMFS to make accommodations available for 
an observer under Secs. 660.17, 660.28, 660.49, or 660.65.
    (j) Refuse to make accommodations available for an observer when so 
directed by the Regional Director under Sec. 660.28, Sec. 660.49, or 
Sec. 660.65, or under any provision in an EFP issued under Sec. 660.17.
    (k) Fail to notify officials as required in Secs. 660.23, 660.28, 
660.43, and 660.63.



Sec. 660.16   Vessel identification.

    (a) Each fishing vessel subject to this subpart must display its 
official number on the port and starboard sides of the deckhouse or 
hull, and on an appropriate weather deck, so as to be visible from 
enforcement vessels and aircraft.
    (b) The official number must be affixed to each vessel subject to 
this subpart and subparts C, D, E, and F of this part, in block Arabic 
numerals at least 18 inches (45.7 cm) in height for fishing and 
receiving vessels of 65 ft (19.8 m) LOA or longer, and at least 10 
inches (25.4 cm) in height for all other vessels, except vessels subject 
to Subpart F and 65 ft (19.8 m) LOA or longer must be marked in block 
Arabic numerals at least 14 inches (35.6 cm) in height. Marking must be 
legible and of a color that contrasts with the background.
    (c) The vessel operator must ensure that the official number is 
clearly legible and in good repair.
    (d) The vessel operator must ensure that no part of the vessel, its 
rigging, or its fishing gear obstructs the view of the official number 
from an enforcement vessel or aircraft.



Sec. 660.17   Experimental fishing.

    (a) General. The Regional Director may authorize, for limited 
purposes, the direct or incidental harvest of management unit species 
that would otherwise be prohibited by this subpart and subparts C, D, E, 
and F of this part. No experimental fishing may be conducted unless 
authorized by an EFP issued by the Regional Director in accordance with 
the criteria and procedures specified in this section. EFPs will be 
issued without charge.
    (b) Observers. No experimental fishing for crustacean management 
unit species may be conducted unless an NMFS scientific observer is 
aboard the vessel.
    (c) Application. An applicant for an EFP must submit to the Regional 
Director at least 60 days before the desired date of the EFP a written 
application including, but not limited to, the following information:
    (1) The date of the application.
    (2) The applicant's name, mailing address, and telephone number.
    (3) A statement of the purposes and goals of the experiment for 
which an EFP is needed, including a general description of the 
arrangements for disposition of all species harvested under the EFP.
    (4) A statement of whether the proposed experimental fishing has 
broader significance than the applicant's individual goals.
    (5) For each vessel to be covered by the EFP:
    (i) Vessel name.
    (ii) Name, address, and telephone number of owner and operator.
    (iii) USCG documentation, state license, or registration number.
    (iv) Home port.
    (v) Length of vessel.
    (vi) Net tonnage.
    (vii) Gross tonnage.
    (6) A description of the species (directed and incidental) to be 
harvested under the EFP and the amount of such harvest necessary to 
conduct the experiment.
    (7) For each vessel covered by the EFP, the approximate times and 
places fishing will take place, and the type, size, and amount of gear 
to be used.
    (8) The signature of the applicant.
    (d) Incomplete applications. The Regional Director may request from 
an applicant additional information necessary to make the determinations 
required under this section. An applicant will be notified of an 
incomplete application within 10 working days of receipt of the 
application. An incomplete application will not be considered until 
corrected in writing.
    (e) Issuance. (1) If an application contains all of the required 
information, NMFS will publish a notice of receipt of the application in 
the Federal Register with a brief description of the proposal and will 
give interested persons an opportunity to comment. The

[[Page 275]]

Regional Director will also forward copies of the application to the 
Council, the USCG, and the fishery management agency of the affected 
state, accompanied by the following information:
    (i) The current utilization of domestic annual harvesting and 
processing capacity (including existing experimental harvesting, if any) 
of the directed and incidental species for which an EFP is being 
requested.
    (ii) A citation of the regulation or regulations that, without the 
EFP, would prohibit the proposed activity.
    (iii) Biological information relevant to the proposal.
    (2) At a Council meeting following receipt of a complete 
application, the Regional Director will consult with the Council and the 
Director of the affected state fishery management agency concerning the 
permit application. The applicant will be notified in advance of the 
meeting at which the application will be considered, and invited to 
appear in support of the application, if the applicant desires.
    (3) Within 5 working days after the consultation in paragraph (e)(2) 
of this section, or as soon as practicable thereafter, NMFS will notify 
the applicant in writing of the decision to grant or deny the EFP and, 
if denied, the reasons for the denial. Grounds for denial of an EFP 
include, but are not limited to, the following:
    (i) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application.
    (ii) According to the best scientific information available, the 
harvest to be conducted under the permit would detrimentally affect any 
species of fish in a significant way.
    (iii) Issuance of the EFP would inequitably allocate fishing 
privileges among domestic fishermen or would have economic allocation as 
its sole purpose.
    (iv) Activities to be conducted under the EFP would be inconsistent 
with the intent of this section or the management objectives of the FMP.
    (v) The applicant has failed to demonstrate a valid justification 
for the permit.
    (vi) The activity proposed under the EFP would create a significant 
enforcement problem.
    (4) The decision to grant or deny an EFP is final and unappealable. 
If the permit is granted, NMFS will publish a notice in the Federal 
Register describing the experimental fishing to be conducted under the 
EFP. The Regional Director may attach terms and conditions to the EFP 
consistent with the purpose of the experiment including, but not limited 
to:
    (i) The maximum amount of each species that can be harvested and 
landed during the term of the EFP, including trip limits, where 
appropriate.
    (ii) The number, sizes, names, and identification numbers of the 
vessels authorized to conduct fishing activities under the EFP.
    (iii) The times and places where experimental fishing may be 
conducted.
    (iv) The type, size, and amount of gear which may be used by each 
vessel operated under the EFP.
    (v) The condition that observers be carried aboard vessels operating 
under an EFP.
    (vi) Data reporting requirements.
    (vii) Such other conditions as may be necessary to assure compliance 
with the purposes of the EFP consistent with the objectives of the FMP.
    (f) Duration. Unless otherwise specified in the EFP or a superseding 
notice or regulation, an EFP is effective for no longer than 1 year, 
unless revoked, suspended, or modified. EFPs may be renewed following 
the application procedures in this section.
    (g) Alteration. Any EFP that has been altered, erased, or mutilated 
is invalid.
    (h) Transfer. EFPs issued under subparts B through F of this part 
are not transferable or assignable. An EFP is valid only for the 
vessel(s) for which it is issued.
    (i) Inspection. Any EFP issued under subparts B through F of this 
part must be carried aboard the vessel(s) for which it was issued. The 
EFP must be presented for inspection upon request of any authorized 
officer.
    (j) Sanctions. Failure of the holder of an EFP to comply with the 
terms and conditions of an EFP, the provisions of subparts A through F 
of this part, any other applicable provision of this part,

[[Page 276]]

the Magnuson Act, or any other regulation promulgated thereunder, is 
grounds for revocation, suspension, or modification of the EFP with 
respect to all persons and vessels conducting activities under the EFP. 
Any action taken to revoke, suspend, or modify an EFP will be governed 
by 15 CFR part 904 subpart D. Other sanctions available under the 
statute will be applicable.
    (k) Protected species. Persons fishing under an EFP must report any 
incidental take or fisheries interaction with protected species on a 
form provided for that purpose. Reports must be submitted to the 
Regional Director within 3 days of arriving in port.



              Subpart C--Western Pacific Pelagic Fisheries



Sec. 660.21   Permits.

    (a) A fishing vessel of the United States must be registered for use 
under a Hawaii longline limited access permit or a longline general 
permit if that vessel is used:
    (1) To fish for Pacific pelagic management unit species using 
longline gear in the EEZ around American Samoa, Guam, the Northern 
Mariana Islands, or other U.S. island possessions in the Pacific Ocean; 
or
    (2) To land or transship, shoreward of the outer boundary of the EEZ 
around American Samoa, Guam, the Northern Mariana Islands, or other U.S. 
island possessions in the Pacific Ocean, Pacific pelagic management unit 
species that were harvested with longline gear.
    (b) A fishing vessel of the United States must be registered for use 
under a Hawaii longline limited access permit if that vessel is used:
    (1) To fish for Pacific pelagic management unit species using 
longline gear in the EEZ around Hawaii; or
    (2) To land or transship, shoreward of the outer boundary of the EEZ 
around Hawaii, Pacific pelagic management unit species that were 
harvested with longline gear.
    (c) A receiving vessel must be registered for use with a receiving 
vessel permit if that vessel is used to land or transship, shoreward of 
the outer boundary of the fishery management area, Pacific pelagic 
management unit species that were harvested with longline gear.
    (d) Any required permit must be on board the vessel and available 
for inspection by an authorized agent, except that if the permit was 
issued while the vessel was at sea, this requirement applies only to any 
subsequent trip.
    (e) A permit is valid only for the vessel for which it is 
registered. A permit not registered for use with a particular vessel may 
not be used.
    (f) An application for a permit required under this section will be 
submitted to the Pacific Area Office as described inSec. 660.13.
    (g) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
and sanctions for permits issued under this section, as applicable, are 
contained in Sec. 660.13.
    (h) A limited access permit may be transferred as follows:
    (1) The owner of a Hawaii longline limited access permit may apply 
to transfer the permit:
    (i) To a different person for registration for use with the same or 
another vessel; or
    (ii) For registration for use with another U.S. vessel under the 
same ownership.
    (2) An application for a permit transfer will be submitted to the 
Pacific Area Office as described in Sec. 660.13(c).
    (i) A Hawaii longline limited access permit will not be registered 
for use with a vessel that has a LOA greater than 101 ft (30.8 m).
    (j) Only a person eligible to own a documented vessel under the 
terms of 46 U.S.C. 12102(a) may be issued or may hold (by ownership or 
otherwise) a Hawaii longline limited access permit.
    (k) Except as provided in subpart D of 15 CFR part 904, any 
applicant for a permit or any permit owner may appeal to the Regional 
Director the granting, denial, conditioning, suspension, or transfer of 
a permit or requested permit under this section. To be considered by the 
Regional Director, the appeal will be in writing, will state the 
action(s) appealed, and the reasons therefor, and will be submitted 
within 30 days of the action(s) by the FMD. The appellant may request an 
informal hearing on the appeal.

[[Page 277]]

    (1) Upon receipt of an appeal authorized by this section, the 
Regional Director may request additional information. Upon receipt of 
sufficient information, the Regional Director will decide the appeal in 
accordance with the criteria set out in this part and in the Fishery 
Management Plans prepared by the Council, as appropriate, based upon 
information relative to the application on file at NMFS and the Council 
and any additional information available; the summary record kept of any 
hearing and the hearing officer's recommended decision, if any, as 
provided in paragraph (k)(3) of this section; and such other 
considerations as deemed appropriate. The Regional Director will notify 
the appellant of the decision and the reasons therefor, in writing, 
normally within 30 days of the receipt of sufficient information, unless 
additional time is needed for a hearing.
    (2) If a hearing is requested, or if the Regional Director 
determines that one is appropriate, the Regional Director may grant an 
informal hearing before a hearing officer designated for that purpose. 
Such a hearing normally shall be held no later than 30 days following 
receipt of the appeal, unless the hearing officer extends the time. The 
appellant and, at the discretion of the hearing officer, other 
interested persons, may appear personally or be represented by counsel 
at the hearing and submit information and present arguments as 
determined appropriate by the hearing officer. Within 30 days of the 
last day of the hearing, the hearing officer shall recommend, in 
writing, a decision to the Regional Director.
    (3) The Regional Director may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
In any event, the Regional Director will notify the appellant, and 
interested persons, if any, of the decision, and the reason(s) therefor, 
in writing, within 30 days of receipt of the hearing officer's 
recommended decision. The Regional Director's action shall constitute 
final Agency action for the purposes of the APA.
    (4) Any time limit prescribed in this section may be extended for a 
period not to exceed 30 days by the Regional Director for good cause, 
either upon his/her own motion or upon written request from the 
appellant stating the reason(s) therefor.



Sec. 660.22   Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Fish for Pacific pelagic management unit species using gear 
prohibited under Sec. 660.30 or not permitted by an EFP issued under 
Sec. 660.17.
    (b) Falsify or fail to make and/or file all reports of Pacific 
pelagic management unit species landings, containing all data and in the 
exact manner, as required by applicable state law or regulation, as 
specified in Sec. 660.3, provided that the person is required to do so 
by applicable state law or regulation.
    (c) Use a longline vessel without a valid longline general permit or 
a Hawaii longline limited access permit registered for use with that 
vessel, to fish for Pacific pelagic management unit species in the EEZ 
around American Samoa, Guam, the Northern Mariana Islands, or U.S. 
possessions in the Pacific Ocean area.
    (d) Use a longline fishing vessel without a valid Hawaii longline 
limited access permit registered for use with that vessel to fish for 
Pacific pelagic management unit species in the EEZ around Hawaii.
    (e) Use a receiving vessel without a valid receiving vessel permit 
registered for use with that vessel to land or transship, shoreward of 
the outer boundary of the fishery management area, Pacific pelagic 
management unit species harvested with longline gear.
    (f) Transfer a permit in violation of Sec. 660.21(h).
    (g) Fish for Pacific pelagic management unit species with longline 
gear within the protected species zone in the NWHI.
    (h) Fail to notify the NMFS Southwest Enforcement Office of intent 
to enter or depart the protected species zone, as required under 
Sec. 660.23(b).
    (i) Fish with longline gear within a longline fishing prohibited 
area, except as allowed pursuant to an exemption issued under 
Sec. 660.17 or Sec. 660.17.

[[Page 278]]

    (j) Fail to comply with notification requirements set forth in 
Sec. 660.23 or in any EFP issued under Sec. 660.17.
    (k) Fail to comply with a term or condition governing the observer 
program established in Sec. 660.28.
    (l) Fail to comply with other terms and conditions that the Regional 
Director imposes by written notice to either the permit holder or the 
designated agent of the permit holder to facilitate the details of 
observer placement.
    (m) Fish in the fishery after failing to comply with the 
notification requirements in Sec. 660.23.
    (n) Use a U.S. vessel that has longline gear on board and that does 
not have a valid Hawaii longline limited access permit registered for 
use with that vessel or a valid longline general permit registered for 
use with that vessel to land or transship Pacific pelagic management 
unit species shoreward of the outer boundary of the EEZ around American 
Samoa, Guam, the Northern Mariana Islands, or U.S. possessions in the 
Pacific Ocean area.
    (o) Use a U.S. vessel that has longline gear on board and that does 
not have a valid Hawaii longline limited access permit registered for 
use with that vessel to land or transship Pacific pelagic management 
unit species shoreward of the outer boundary of the EEZ around Hawaii.
    (p) Enter the EEZ around Hawaii with longline gear that is not 
stowed or secured in accordance with Sec. 660.29, if operating a U.S. 
vessel without a valid Hawaii longline limited access permit registered 
for use with that vessel.
    (q) Enter the EEZ around American Samoa, Guam, the Northern Mariana 
Islands, or U.S. possessions in the Pacific Ocean area with longline 
gear that is not stowed or secured in accordance with Sec. 660.29, if 
operating a U.S. vessel without a valid Hawaii longline limited access 
permit registered for use with that vessel or a longline general permit 
registered for use with that vessel.
    (r) Fail to carry a VMS unit as required under Sec. 660.25.
    (s) Interfere with, tamper with, alter, damage, disable, or impede 
the operation of a VMS unit or to attempt any of the same; or to move or 
remove a VMS unit without the prior permission of the SAC.
    (t) Make a false statement, oral or written, to an authorized 
officer, regarding the use, operation, or maintenance of a VMS unit.
    (u) Fish for, catch, or harvest Pacific pelagic management unit 
species with longline gear without a VMS unit on board the vessel after 
installation of the VMS unit by NMFS.
    (v) Possess on board a vessel without a VMS unit Pacific pelagic 
management unit species harvested with longline gear after NMFS has 
installed the VMS unit on the vessel.
    (w) Interfere with, impede, delay, or prevent the installation, 
maintenance, repair, inspection, or removal of a VMS unit.
    (x) Interfere with, impede, delay, or prevent access to a VMS unit 
by a NMFS observer.
    (y) Connect or leave connected additional equipment to a VMS unit 
without the prior approval of the SAC.



Sec. 660.23  Notifications.

    (a) The permit holder for a fishing vessel subject to the 
requirements of this subpart, or an agent designated by the permit 
holder, shall provide a notice to the Regional Director at least 72 
hours (not including weekends and Federal holidays) before the vessel 
leaves port on a fishing trip, any part of which occurs in the EEZ 
around Hawaii. The vessel operator will be presumed to be an agent 
designated by the permit holder unless the Regional Director is 
otherwise notified by the permit holder. The notice must be provided to 
the office or telephone number designated by the Regional Director. The 
notice must provide the official number of the vessel, the name of the 
vessel, the intended departure date, time, and location, the name of the 
operator of the vessel, and the name and telephone number of the agent 
designated by the permit holder to be available between 8:00 a.m. to 5 
p.m. (Hawaii time) on weekdays for NMFS to contact to arrange observer 
placement.
    (b) The operator of any vessel subject to the requirements of this 
subpart who does not have on board a VMS unit while transiting the 
protected species

[[Page 279]]

zone as defined in Sec. 660.12, must notify the NMFS Southwest 
Enforcement Office (see part 600 for address of Regional Director) 
immediately upon entering and immediately upon departing the protected 
species zone. The notification must include the name of the vessel, name 
of the operator, date and time (GMT) of access or exit from the 
protected species zone, and location by latitude and longitude to the 
nearest minute.



Sec. 660.24  Gear identification.

    (a) Identification. The operator of each permitted vessel in the 
fishery management area must ensure that the official number of the 
vessel be affixed to every longline buoy and float, including each buoy 
and float that is attached to a radar reflector, radio antenna, or flag 
marker, whether attached to a deployed longline or possessed on board 
the vessel. Markings must be legible and permanent, and must be of a 
color that contrasts with the background material.
    (b) Enforcement action. Longline gear not marked in compliance with 
paragraph (a) of this section and found deployed in the EEZ will be 
considered unclaimed or abandoned property, and may be disposed of in 
any manner considered appropriate by NMFS or an authorized officer.



Sec. 660.25  Vessel monitoring system.

    (a) VMS unit. Only a VMS unit owned by NMFS and installed by NMFS 
complies with the requirement of this subpart.
    (b) Notification. After a Hawaii longline limited access permit 
holder has been notified by the SAC of a specific date for installation 
of a VMS unit in the permit holder's vessel, the vessel must carry the 
VMS unit after the date scheduled for installation.
    (c) Fees and charges. During the experimental VMS program, a Hawaii 
longline limited access permit holder shall not be assessed any fee or 
other charges to obtain and use a VMS unit, including the communication 
charges related directly to requirements under this section. 
Communication charges related to any additional equipment attached to 
the VMS unit by the owner or operator shall be the responsibility of the 
owner or operator and not NMFS.
    (d) Permit holder duties. The holder of a Hawaii longline limited 
access permit and the master of the vessel operating under the permit 
must:
    (1) Provide opportunity for the SAC to install and make operational 
a VMS unit after notification.
    (2) Carry the VMS unit on board whenever the vessel is at sea.
    (3) Not remove or relocate the VMS unit without prior approval from 
the SAC.
    (e) Authorization by the SAC. The SAC has authority over the 
installation and operation of the VMS unit. The SAC may authorize the 
connection or order the disconnection of additional equipment, including 
a computer, to any VMS unit when deemed appropriate by the SAC.



Sec. 660.26  Longline fishing prohibited area management.

    (a) Prohibited areas. Longline fishing shall be prohibited in the 
longline fishing prohibited areas as defined in paragraphs (b), (c), and 
(d) of this section.
    (b) Longline protected species zone. The protected species zone is 
50 nm from the center geographical positions of Nihoa Island, Necker 
Island, French Frigate Shoals, Gardner Pinnacles, Maro Reef, Laysan 
Island, Lisianski Island, Pearl and Hermes Reef, Midway Islands, and 
Kure Island, as defined in Sec. 660.12.
    (c) Main Hawaiian Islands. (1) From February 1 through September 30 
each year, the longline fishing prohibited area around the main Hawaiian 
Islands is the portion of the EEZ seaward of Hawaii bounded by straight 
lines connecting the following coordinates in the order listed:

------------------------------------------------------------------------
                Point                      N. lat.          DW. long.   
------------------------------------------------------------------------
A...................................  18 deg.05'        155 deg.40'     
B...................................  18 deg.20'        156 deg.25'     
C...................................  20 deg.00'        157 deg.30'     
D...................................  20 deg.40'        161 deg.40'     
E...................................  21 deg.40'        161 deg.55'     
F...................................  23 deg.00'        161 deg.30'     
G...................................  23 deg.05'        159 deg.30'     
H...................................  22 deg.55'        157 deg.30'     
I...................................  21 deg.30'        155 deg.30'     
J...................................  19 deg.50'        153 deg.50'     
K...................................  19 deg.00'        154 deg.05'     
A...................................  18 deg.05'        155 deg.40'     
------------------------------------------------------------------------


[[Page 280]]

    (2) From October 1 through the following January 31 each year, the 
longline fishing prohibited area around the main Hawaiian Islands is the 
portion of the EEZ seaward of Hawaii bounded by straight lines 
connecting the following coordinates in the order listed:

------------------------------------------------------------------------
                Point                      N. lat.          W. long.    
------------------------------------------------------------------------
A...................................  18 deg.05'        155 deg.40'     
L...................................  18 deg.25'        155 deg.40'     
M...................................  19 deg.00'        154 deg.45'     
N...................................  19 deg.15'        154 deg.25'     
O...................................  19 deg.40'        154 deg.20'     
P...................................  20 deg.20'        154 deg.55'     
Q...................................  20 deg.35'        155 deg.30'     
R...................................  21 deg.00'        155 deg.35'     
S...................................  22 deg.30'        157 deg.35'     
T...................................  22 deg.40'        159 deg.35'     
U...................................  22 deg.25'        160 deg.20'     
V...................................  21 deg.55'        160 deg.55'     
W...................................  21 deg.40'        161 deg.00'     
E...................................  21 deg.40'        161 deg.55'     
D...................................  20 deg.40'        161 deg.40'     
C...................................  20 deg.00'        157 deg.30'     
B...................................  18 deg.20'        156 deg.25'     
A...................................  18 deg.05'        155 deg.40'     
------------------------------------------------------------------------

    (d) Guam. The longline fishing prohibited area around Guam is the 
waters seaward of Guam bounded by straight lines connecting the 
following coordinates in the order listed:

------------------------------------------------------------------------
                Point                      N. lat.          E. long.    
------------------------------------------------------------------------
A...................................  14 deg.25'        144 deg.00'     
B...................................  14 deg.00'        143 deg.38'     
C...................................  13 deg.41'        144 deg.33'30'' 
D...................................  13 deg.00'        143 deg.25'30'' 
E...................................  12 deg.20'        143 deg.37'     
F...................................  11 deg.40'        144 deg.09'     
G...................................  12 deg.00'        145 deg.00'     
H...................................  13 deg.00'        145 deg.42'     
I...................................  13 deg.27'        145 deg.51'     
------------------------------------------------------------------------



Sec. 660.27  Exemptions for longline fishing prohibited areas; procedures.

    (a) An exemption permitting a person to use longline gear to fish in 
a portion(s) of the Hawaii longline fishing prohibited area will be 
issued to a person who can document that he or she:
    (1) Currently owns a Hawaii longline limited access permit issued 
under this part and registered for use with his or her vessel.
    (2) Before 1970, was the owner or operator of a vessel when that 
vessel landed Pacific pelagic management unit species taken on longline 
gear in an area that is now within the Hawaii longline fishing 
prohibited area.
    (3) Was the owner or operator of a vessel that landed Pacific 
pelagic management unit species taken on longline gear in an area that 
is now within the Hawaii longline fishing prohibited area, in at least 5 
calendar years after 1969, which need not be consecutive.
    (4) In any one of the 5 calendar years, was the owner or operator of 
a vessel that harvested at least 80 percent of its total landings, by 
weight, of longline-caught Pacific pelagic management unit species in an 
area that is now in the Hawaii longline fishing prohibited area.
    (b) Each exemption shall specify the portion(s) of the Hawaii 
longline fishing prohibited area, bounded by longitudinal and 
latitudinal lines drawn to include each statistical area, as appearing 
on Hawaii State Commercial Fisheries Charts, in which the exemption 
holder made the harvest documented for the exemption application under 
paragraph (a)(4) of this section.
    (c) Each exemption is valid only within the portion(s) of the Hawaii 
longline fishing prohibited area specified on the exemption.
    (d) A person seeking an exemption under this section must submit an 
application and supporting documentation to the Pacific Area Office at 
least 15 days before the desired effective date of the exemption.
    (e) If the Regional Director determines that a gear conflict has 
occurred and is likely to occur again in the Hawaii longline fishing 
prohibited area between a vessel used by a person holding an exemption 
under this section and a non-longline vessel, the Regional Director may 
prohibit all longline fishing in the Hawaii longline fishing prohibited 
area around the island where the conflict occurred, or in portions 
thereof, upon notice to each holder of an exemption who would be 
affected by such a prohibition.
    (f) The Council will consider information provided by persons with 
Hawaii longline limited access permits issued under this part who 
believe they have experienced extreme financial hardship resulting from 
the Hawaii longline area closure, and will consider recommendations of 
the Pelagic Advisory Review Board to assess whether exemptions under 
this section should continue to be allowed, and, if appropriate, revise 
the qualifying criteria in paragraph (a)

[[Page 281]]

of this section to permit additional exemptions.
    (1) If additional exemptions are needed, the Council will advise the 
Regional Director in writing of its recommendation, including criteria 
by which financial hardships will be mitigated, while retaining the 
effectiveness of the longline fishing prohibited area.
    (2) Following a review of the Council's recommendation and 
supporting rationale, the Regional Director may:
    (i) Reject the Council's recommendation, in which case written 
reasons will be provided by the Regional Director to the Council for the 
rejection; or
    (ii) Concur with the Council's recommendation and, after finding 
that it is consistent with the goals and objectives of the Pelagics FMP, 
the national standards, and other applicable law, initiate rulemaking to 
implement the Council's recommendations.



Sec. 660.28  Conditions for at-sea observer coverage.

    (a) NMFS shall advise the permit holder or the designated agent of 
any observer requirement at least 24 hours (not including weekends and 
Federal holidays) before any trip for which NMFS received timely notice 
in compliance with these regulations.
    (b) The ``Notice Prior to Fishing Trip'' requirements in this 
subpart commit the permit holder to the representations in the notice. 
The notice can be modified by the permit holder or designated agent 
because of changed circumstance, if the Regional Director is promptly 
provided a modification to the notice that complies with the notice 
requirements. The notice will also be considered modified if the 
Regional Director and the permit holder or designated agent agree to 
placement changes.
    (c) When NMFS notifies the permit holder or designated agent of the 
obligation to carry an observer in response to a notification under this 
subpart, or as a condition of an EFP issued under Sec. 660.17, the 
vessel may not engage in the fishery without taking the observer.
    (d) A NMFS observer shall arrive at the observer's assigned vessel 
30 minutes before the time designated for departure in the notice or the 
notice as modified, and will wait 1 hour for departure.
    (e) A permit holder must accommodate a NMFS observer assigned under 
these regulations. The Regional Director's office, and not the observer, 
will address any concerns raised over accommodations.
    (f) The permit holder, vessel operator, and crew must cooperate with 
the observer in the performance of the observer's duties, including:
    (1) Allowing for the embarking and debarking of the observer.
    (2) Allowing the observer access to all areas of the vessel 
necessary to conduct observer duties.
    (3) Allowing the observer access to communications equipment and 
navigation equipment as necessary to perform observer duties.
    (4) Allowing the observer access to VMS units to verify operation, 
obtain data, and use the communication capabilities of the units for 
official purposes.
    (5) Providing accurate vessel locations by latitude and longitude or 
loran coordinates, upon request by the observer.
    (6) Providing sea turtle, marine mammal, or sea bird specimens as 
requested.
    (7) Notifying the observer in a timely fashion when commercial 
fishing operations are to begin and end.
    (g) The permit holder, operator, and crew must comply with other 
terms and conditions to ensure the effective deployment and use of 
observers that the Regional Director imposes by written notice.
    (h) The permit holder must ensure that assigned observers are 
provided living quarters comparable to crew members and are provided the 
same meals, snacks, and amenities as are normally provided to other 
vessel personnel. A mattress or futon on the floor or a cot is not 
acceptable if a regular bunk is provided to any crew member, unless 
other arrangements are approved in advance by the Regional Director.
    (i) Reimbursement requirements are as follows:
    (1) Upon observer verification of vessel accommodations and the 
number of

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assigned days on board, NMFS will reimburse vessel owners a reasonable 
amount for observer subsistence as determined by the Regional Director.
    (2) If requested and properly documented, NMFS will reimburse the 
vessel owner for the following:
    (i) Communications charges incurred by the observer.
    (ii) Lost fishing time arising from a seriously injured or seriously 
ill observer, provided that notification of the nature of the emergency 
is transmitted to the Fisheries Observer Branch, Southwest Region, NMFS 
(see address for Southwest Regional Director) at the earliest practical 
time. NMFS will reimburse the owner only for those days during which the 
vessel is unable to fish as a direct result of helping the NMFS employee 
who is seriously injured or seriously ill. Lost fishing time is based on 
time travelling to and from the fishing grounds and any documented out-
of-pocket expenses for medical services. Payment will be based on the 
current target fish market prices and that vessel's average target fish 
catch retained per day at sea for the previous 2 years, but shall not 
exceed $5,000 per day or $20,000 per claim. Detailed billing with 
receipts and supporting records are required for allowable communication 
and lost fishing time claims. The claim must be completed in ink, 
showing the claimant's printed name, address, vessel name, observer 
name, trip dates, days observer on board, an explanation of the charges, 
and claimant's dated signature with a statement verifying the claim to 
be true and correct. Requested reimbursement claims must be submitted to 
the Fisheries Observer Branch, Southwest Region, NMFS. NMFS will not 
process reimbursement invoices and documentation submitted more than 120 
days after the occurrence.
    (j) If a vessel normally has cabins for crew members, female 
observers on a vessel with an all-male crew must be accommodated either 
in a single person cabin or, if NMFS concludes that adequate privacy can 
be ensured by installing a curtain or other temporary divider, in a two-
person shared cabin. If the vessel normally does not have cabins for 
crew members, alternative accommodations must be approved by NMFS. If a 
cabin assigned to a female observer does not have its own toilet and 
shower facilities that can be provided for the exclusive use of the 
observer, or if no cabin is assigned, then arrangements for sharing 
common facilities must be established and approved in advance by NMFS.



Sec. 660.29  Port privileges and transiting for unpermitted U.S. longline vessels.

    A U.S. longline fishing vessel that does not have a permit under 
subpart B of this part may enter waters of the fishery management area 
with Pacific pelagic management unit species on board, but may not land 
or transship any management unit species on board the vessel. The 
vessel's longline gear must be stowed or secured so it is rendered 
unusable during the time the vessel is in those waters.



Sec. 660.30  Prohibition of drift gillnetting.

    Fishing with drift gillnets in the fishery management area is 
prohibited, except where authorized by an EFP issued under Sec. 660.17.



Sec. 660.31  Framework adjustments to management measures.

    (a) Introduction. Adjustments in management measures may be made 
through rulemaking if new information demonstrates that there are 
biological, social, or economic concerns in the fishery. The following 
framework process authorizes the implementation of measures that may 
affect the operation of the fisheries, gear, harvest guidelines, or 
changes in catch and/or effort.
    (b) Annual report. By June 30 of each year, the Council-appointed 
Pelagics Plan Team will prepare an annual report on the fisheries in the 
management area. The report shall contain, among other things, 
recommendations for Council action and an assessment of the urgency and 
effects of such action(s).
    (c) Procedure for established measures. (1) Established measures are 
management measures that, at some time, have been included in 
regulations implementing the FMP, and for which the impacts have been 
evaluated in Council/NMFS documents in the context of current 
conditions.

[[Page 283]]

    (2) Following the framework procedures of Amendment 7 to the 
Pelagics FMP, the Council may recommend to the Regional Director that 
established measures be modified, removed, or re-instituted. Such 
recommendation shall include supporting rationale and analysis, and 
shall be made after advance public notice, public discussion, and 
consideration of public comment. NMFS may implement the Council's 
recommendation by rulemaking if approved by the Regional Director.
    (d) Procedure for new measures. (1) New measures are management 
measures that have not been included in regulations implementing the 
FMP, or for which the impacts have not been evaluated in Council/NMFS 
documents in the context of current conditions.
    (2) Following the framework procedures of Amendment 7 to the 
Pelagics FMP, the Council will publicize, including by Federal Register 
notice, and solicit public comment on, any proposed new management 
measure. After a Council meeting at which the measure is discussed, the 
Council will consider recommendations and prepare a Federal Register 
notice summarizing the Council's deliberations, rationale, and analysis 
for the preferred action, and the time and place for any subsequent 
Council meeting(s) to consider the new measure. At subsequent public 
meeting(s), the Council will consider public comments and other 
information received to make a recommendation to the Regional Director 
about any new measure. NMFS may implement the Council's recommendation 
by rulemaking if approved by the Regional Director.



             Subpart D--Western Pacific Crustacean Fisheries



Sec. 660.41  Permits.

    (a) Applicability. (1) The owner of any vessel used to fish for 
lobster in Permit Area 1 must have a limited access permit issued for 
such vessel. Only one permit will be assigned to any vessel.
    (2) The owner of any vessel used to fish for lobster in Permit Area 
2 or Permit Area 3, must have a permit issued for such a vessel.
    (3) No vessel owner will have permits for a single vessel to harvest 
lobsters in Permit Areas 1 and 2 at the same time.
    (4) A limited access permit is valid for fishing only in Permit Area 
1.
    (b) General requirements. General requirements governing application 
information, issuance, fees, expiration, replacement, transfer, 
alteration, display, sanctions, and appeals for permits issued under 
this section, as applicable, are contained in Sec. 660.13.
    (c) Application. An application for a permit required under this 
section will be submitted to the Pacific Area Office as described in 
Sec. 660.13. If the application for a limited access permit is submitted 
on behalf of a partnership or corporation, the application must be 
accompanied by a supplementary information sheet obtained from the 
Pacific Area Office and contain the names and mailing addresses of all 
partners or shareholders and their respective percentage of ownership in 
the partnership or corporation.
    (d) Number of permits. A maximum of 15 limited access permits can be 
valid at any time.
    (e) Transfer or sale of limited access permits. (1) Permits may be 
transferred or sold, but no one individual, partnership, or corporation 
will be allowed to hold a whole or partial interest in more than one 
permit, except that an owner who qualifies initially for more than one 
permit may maintain those permits, but may not obtain additional 
permits. Layering of partnerships or corporations shall not insulate a 
permit holder from this requirement.
    (2) If 50 percent or more of the ownership of a limited access 
permit is passed to persons other than those listed on the permit 
application, the Pacific Area Office must be notified of the change in 
writing and provided copies of the appropriate documents confirming the 
changes within 30 days.
    (3) Upon the transfer or sale of a limited access permit, a new 
application must be submitted by the new permit owner according to the 
requirements of Sec. 660.13. The transferred permit is not valid until 
this process is completed.
    (f) Replacement of a vessel covered by a limited access permit. A 
limited access permit issued under this section may, without limitation 
as to frequency, be transferred by the permit holder to a

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replacement vessel owned by that person.
    (g) Issuance of limited access permits to future applicants.
    (1) The Regional Director may issue limited access permits under 
this section when fewer than 15 vessel owners hold active permits.
    (2) When the Regional Director has determined that limited access 
permits may be issued to new persons, a notice shall be placed in the 
Federal Register, and other means will be used to notify prospective 
applicants of the opportunity to obtain permits under the limited access 
management program.
    (3) A period of 90 days will be provided after publication of the 
Federal Register notice for submission of new applications for a limited 
access permit.
    (4) Limited access permits issued under this paragraph (g) will be 
issued first to applicants qualifying under paragraph (g)(4)(i) of this 
section. If the number of limited access permits available is greater 
than the number of applicants that qualify under paragraph (g)(4)(i) of 
this section, then limited access permits will be issued to applicants 
under paragraph (g)(4)(ii) of this section.
    (i) First priority to receive limited access permits under this 
paragraph (g) goes to owners of vessels that were used to land lobster 
from Permit Area 1 during the period 1983 through 1990, and who were 
excluded from the fishery by implementation of the limited access 
system. If there are insufficient permits for all such applicants, the 
new permits shall be issued by the Regional Director through a lottery.
    (ii) Second priority to receive limited access permits under 
paragraph (g) goes to owners with the most points, based upon a point 
system. If two or more owners have the same number of points and there 
are insufficient permits for all such owners, the Regional Director 
shall issue the permits through a lottery. Under the point system, 
limited access permits will be issued, in descending order, beginning 
with owners who have the most points and proceeding to owners who have 
the least points, based on the following:
    (A) Three points shall be assigned for each calendar year after 
August 8, 1985, that the applicant was the operator of a vessel that was 
used to land lobster from Permit Area 1.
    (B) Two points shall be assigned for each calendar year or partial 
year after August 8, 1985, that the applicant was the owner, operator, 
or crew member of a vessel engaged in either commercial fishing in 
Permit Area 2 for lobster, or fishing in Permit Area 1 for fish other 
than lobster with an intention to sell all or part of the catch.
    (C) One point shall be assigned for each calendar year or partial 
year after August 8, 1985, that the applicant was the owner, operator, 
or crew member of a vessel engaged in any other commercial fishing in 
the EEZ surrounding Hawaii.
    (5) A holder of a new limited access permit must own at least a 50-
percent share in the vessel that the permit would cover.



Sec. 660.42  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 of 
this chapter and Sec. 660.16, it is unlawful for any person to do any of 
the following:
    (a) In Permit Area 1, it is unlawful for any person to--
    (1) Fish for, take, or retain lobsters--
    (i) Without a limited access permit issued under Sec. 660.41;
    (ii) By methods other than lobster traps or by hand for lobsters, as 
specified in Sec. 660.48;
    (iii) From closed areas for lobsters, as specified in Sec. 660.46;
    (iv) During a closed season, as specified in Sec. 660.45; or
    (v) After the closure date, as specified in Sec. 660.50, and until 
the fishery opens again in the following calendar year.
    (2) Fail to report before landing or offloading as specified in 
Sec. 660.43.
    (3) Fail to comply with any protective measures implemented under 
Sec. 660.51 or Sec. 660.52.
    (4) Possess on a fishing vessel in the crustaceans fishery 
management area any lobster trap when fishing for lobster is prohibited 
as specified in Secs. 660.45, 660.50, 660.51, or 660.52.
    (5) Leave a trap unattended in the Management Area except as 
provided in Sec. 660.48.

[[Page 285]]

    (6) Maintain on board the vessel or in the water more than 1,200 
traps per fishing vessel, of which no more than 1,100 can be assembled 
traps, as specified in Sec. 660.48.
    (7) Land lobsters taken in Permit Area 1 after the closure date, as 
specified in Sec. 660.50, until the fishery opens again the following 
year.
    (8) Refuse to make available to an authorized officer and employee 
of NMFS designated by the Regional Director for inspection and copying 
any records that must be made available in accordance with 
Sec. 660.14(f)(2).
    (b) In Permit Area 2, it is unlawful for any person to--
    (1) Fish for, take, or retain lobsters--
    (i) By methods other than lobster traps or by hand, as specified in 
Sec. 660.48; or
    (ii) During a closed season, as specified in Sec. 660.45(b).
    (2) Retain or possess on a fishing vessel any lobster taken in 
Permit Area 2 that is less than the minimum size specified in 
Sec. 660.44.
    (3) Possess on a fishing vessel any lobster or lobster part taken in 
Permit Area 2 in a condition where the lobster is not whole and 
undamaged as specified in Sec. 660.44.
    (4) Retain or possess on a fishing vessel, or remove the eggs from, 
any egg-bearing lobster, as specified in Sec. 660.44.



Sec. 660.43  Notifications.

    (a) The operator of any vessel subject to the requirements of this 
subpart must:
    (1) Report, not less than 24 hours, but not more than 36 hours, 
before landing, the port, the approximate date and the approximate time 
at which spiny and slipper lobsters will be landed.
    (2) Report, not less than 6 hours and not more than 12 hours before 
offloading, the location and time that offloading of spiny and slipper 
lobsters will begin.
    (b) The Regional Director will notify permit holders of any change 
in the reporting method and schedule required in paragraphs (a)(1) and 
(2) of this section at least 30 days prior to the opening of the fishing 
season.



Sec. 660.44  Lobster size and condition restrictions--Permit Area 2.

     (a) Only spiny lobsters with a carapace length of 8.26 cm or 
greater may be retained (see Figure 3 of this subpart).
    (b) Any lobster with a punctured or mutilated body, or a separated 
carapace and tail, may not be retained.
    (c) A female lobster of any size may not be retained if it is 
carrying eggs externally. Eggs may not be removed from female lobsters.



Sec. 660.45  Closed seasons.

    (a) Lobster fishing is prohibited in Permit Area 1 during the months 
of January through June, inclusive.
    (b) Lobster fishing is prohibited in Permit Area 2 during the months 
of June, July, and August.



Sec. 660.46  Closed areas.

    All lobster fishing is prohibited:
    (a) Within 20 nm of Laysan Island.
    (b) Within the EEZ landward of the 10-fathom curve as depicted on 
National Ocean Survey Charts, Numbers 19022, 19019, and 19016.



Sec. 660.47  Gear identification.

    In Permit Area 1, the vessel's official number must be marked 
legibly on all traps and floats maintained on board the vessel or in the 
water by that vessel.



Sec. 660.48  Gear restrictions.

    (a) Permit Area 1. (1) Lobsters may be taken only with lobster traps 
or by hand. Lobsters may not be taken by means of poisons, drugs, other 
chemicals, spears, nets, hook, or explosives.
    (2) The smallest opening of an entry way of any lobster trap may not 
allow any sphere or cylinder greater than 6.5 inches (16.5 cm) in 
diameter to pass from outside the trap to inside the trap.
    (3) Each lobster trap must have a minimum of two escape vent panels 
that meet the following requirements:
    (i) Panels must have at least four unobstructed circular holes no 
smaller than 67 mm in diameter, with centers at least 82 mm apart.
    (ii) The lowest part of any opening in an escape vent panel must not 
be more than 85 mm above the floor of the trap.

[[Page 286]]

    (iii) Panels must be placed opposite one another in each trap.
    (4) A vessel fishing for or in possession of lobster in any permit 
area may not have on board the vessel any trap that does not meet the 
requirements of paragraphs (a)(1), (2), and (3) of this section.
    (5) A maximum of 1,200 traps per vessel may be maintained on board 
or in the water, provided that no more than 1,100 assembled traps are 
maintained on board or in the water. If more than 1,100 traps are 
maintained, the unassembled traps may be carried as spares only, in 
order to replace assembled traps that may be lost or become unusable.
    (6) Traps shall not be left unattended in any permit area, except in 
the event of an emergency, in which case the vessel operator must notify 
the NMFS Law Enforcement Office of the emergency that necessitated 
leaving the traps on the grounds, and the location and number of the 
traps, within 24 hours after the vessel reaches port.
    (b) Permit Area 2. Lobsters may be taken only with lobster traps or 
by hand. Lobsters may not be taken by means of poisons, drugs, other 
chemicals, spears, nets, hooks, or explosives.



Sec. 660.49  At-sea observer coverage.

    All fishing vessels subject to this subpart and subpart B of this 
part must carry an observer when requested to do so by the Regional 
Director.



Sec. 660.50  Harvest limitation program.

    (a) General. A harvest guideline for Permit Area 1 will be set 
annually for the calendar year and shall:
    (1) Apply to the total catch of spiny and slipper lobsters.
    (2) Be expressed in terms of numbers of lobsters.
    (b) Harvest guideline. (1) The Regional Director shall use 
information from daily lobster catch reports and lobster sales reports 
from previous years, and may use information from research sampling and 
other sources, to establish the annual harvest guideline in accordance 
with the FMP.
    (2) NMFS shall publish a document indicating the annual harvest 
guideline in the Federal Register by March 31 each year, and shall use 
other means to notify permit holders of the harvest guideline for the 
year.
    (3) The Regional Director shall determine, on the basis of the 
information reported to NMFS during the open season by the operator of 
each vessel fishing, when the harvest guideline will be reached. Notice 
of this determination, with a specification of the closure date after 
which fishing for lobster or further landings of lobster taken in Permit 
Area 1 will be prohibited, will be provided to each permit holder and 
operator of each permitted vessel or announced in the Federal Register. 
At least 5 days advance notice of the effective date of the prohibition 
on landings will be given.
    (c) Monitoring and adjustment. The operator of each vessel fishing 
during the open season shall report lobster catch (by species) and 
effort (number of trap hauls) data while at sea to NMFS in Honolulu. The 
Regional Director shall notify permit holders of the reporting method, 
schedule, and logistics at least 30 days prior to the opening of the 
fishing season.



Sec. 660.51  Monk seal protective measures.

    (a) General. This section establishes a procedure that will be 
followed if the Regional Director receives a report of a monk seal death 
that appears to be related to the lobster fishery in Permit Area 1.
    (b) Notification. Upon receipt of a report of a monk seal death that 
appears to be related to the lobster fishery, the Regional Director will 
notify all interested parties of the facts known about the incident. The 
Regional Director will also notify them that an investigation is in 
progress, and that, if the investigation reveals a threat of harm to the 
monk seal population, protective measures may be implemented.
    (c) Investigation. (1) The Regional Director will investigate the 
incident reported and will attempt to:
    (i) Verify that the incident occurred.
    (ii) Determine the extent of the harm to the monk seal population.
    (iii) Determine the probability of a similar incident recurring.
    (iv) Determine details of the incident such as:
    (A) The number of animals involved.

[[Page 287]]

    (B) The cause of the mortality.
    (C) The age and sex of the dead animal(s).
    (D) The relationship of the incident to the reproductive cycle, for 
example, breeding season (March-September), non-breeding season 
(October- February).
    (E) The population estimates or counts of animals at the island 
where the incident occurred.
    (F) Any other relevant information.
    (v) Discover and evaluate any extenuating circumstances.
    (vi) Evaluate any other relevant factors.
    (2) The Regional Director will make the results of the investigation 
available to the interested parties and request their advice and 
comments.
    (d) Determination of relationship. The Regional Director will review 
and evaluate the results of the investigation and any comments received 
from interested parties. If there is substantial evidence that the death 
of the monk seal was related to the lobster fishery, the Regional 
Director will:
    (1) Advise the interested parties of his or her conclusion and the 
facts upon which it is based.
    (2) Request from the interested parties their advice on the 
necessity of protective measures and suggestions for appropriate 
protective measures.
    (e) Determination of response. The Regional Director will consider 
all relevant information discovered during the investigation or 
submitted by interested parties in deciding on the appropriate response. 
Protective measures may include, but are not limited to, changes in trap 
design, changes in gear, closures of specific areas, or closures for 
specific periods of time.
    (f) Action by the Regional Director. If the Regional Director 
decides that protective measures are necessary and appropriate, the 
Regional Director will prepare a document that describes the incident, 
the protective measures proposed, and the reasons for the protective 
measures; provide it to the interested parties; and request their 
comments.
    (g) Implementation of protective measures. (1) If, after completing 
the steps described in paragraph (f) of this section, the Regional 
Director concludes that protective measures are necessary and 
appropriate, the Regional Director will recommend the protective 
measures to the Assistant Administrator and provide notice of this 
recommendation to the Chairman of the Council and the Director of the 
Division of Aquatic Resources, Department of Land and Natural Resources, 
State of Hawaii.
    (2) If the Assistant Administrator concurs with the Regional 
Director's recommendation, NMFS will publish an action in the Federal 
Register that includes a description of the incident that triggered the 
procedure described in this section, the protective measures, and the 
reasons for the protective measures.
    (h) Notification of ``no action.'' If, at any point in the process 
described in this section, the Regional Director or Assistant 
Administrator decides that no further action is required, the interested 
parties will be notified of this decision.
    (i) Effective dates. (1) The protective measures will take effect 10 
days after the date of publication in the Federal Register.
    (2) The protective measures will remain in effect for the shortest 
of the following time periods:
    (i) Until the Crustaceans FMP and this section are amended to 
respond to the problem;
    (ii) Until other action that will respond to the problem is taken 
under the ESA;
    (iii) Until the Assistant Administrator, following the procedures 
set forth in paragraph (j) of this section, decides that the protective 
measures are no longer required and repeals the measures; or
    (iv) For the period of time set forth in the Federal Register 
notification, not to exceed 3 months. The measures may be renewed for 3 
months after again following procedures in paragraphs (b) through (g) of 
this section.
    (j) Repeal. (1) If the Assistant Administrator decides that 
protective measures may no longer be necessary for the protection of 
monk seals, the interested parties will be notified of this preliminary 
decision and the facts upon which it is based. The Assistant 
Administrator will request advice on

[[Page 288]]

the proposed repeal of the protective measures.
    (2) The Assistant Administrator will consider all relevant 
information obtained by the Regional Director or submitted by interested 
parties in deciding whether to repeal the protective measures.
    (3) If the Assistant Administrator decides to repeal the protective 
measures--
    (i) Interested parties will be notified of the decision; and
    (ii) Notification of repeal and the reasons for the repeal will be 
published in the Federal Register.



Sec. 660.52  Monk seal emergency protective measures.

    (a) Determination of emergency. If, at any time during the process 
described in Sec. 660.51, the Regional Director determines that an 
emergency exists involving monk seal mortality related to the lobster 
fishery and that measures are needed immediately to protect the monk 
seal population, the Regional Director will--
    (1) Notify the interested parties of this determination and request 
their immediate advice and comments.
    (2) Forward a recommendation for emergency action and any advice and 
comments received from interested parties to the Assistant 
Administrator.
    (b) Implementation of emergency measures. If the Assistant 
Administrator agrees with the recommendation for emergency action--
    (1) The Regional Director will determine the appropriate emergency 
protective measures.
    (2) NMFS will publish the emergency protective measures in the 
Federal Register.
    (3) The Regional Director will notify the interested parties of the 
emergency protective measures. Holders of permits to fish in Permit Area 
I will be notified by certified mail. Permit holders that the Regional 
Director knows are on the fishing grounds also will be notified by 
radio.
    (c) Effective dates. (1) Emergency protective measures are effective 
against a permit holder at 12:01 a.m., local time, of the day following 
the day the permit holder receives actual notice of the measures.
    (2) Emergency protective measures are effective for 10 days from the 
day following the day the first permit holder is notified of the 
protective measures.
    (3) Emergency protective measures may be extended for an additional 
10 days, if necessary, to allow the completion of the procedures set out 
in Sec. 660.51.



Sec. 660.53   Framework procedures.

    (a) Introduction. New management measures may be added through 
rulemaking if new information demonstrates that there are biological, 
social, or economic concerns in Permit Areas 1, 2, or 3. The following 
framework process authorizes the implementation of measures that may 
affect the operation of the fisheries, gear, harvest guidelines, or 
changes in catch and/or effort.
    (b) Annual report. By June 30 of each year, the Council-appointed 
Crustaceans Plan Team will prepare an annual report on the fisheries in 
the management area. The report shall contain, among other things, 
recommendations for Council action and an assessment of the urgency and 
effects of such action(s).
    (c) Procedure for established measures. (1) Established measures are 
management measures that, at some time, have been included in 
regulations implementing the FMP, and for which the impacts have been 
evaluated in Council/NMFS documents in the context of current 
conditions.
    (2) Following the framework procedures of Amendment 9 to the FMP, 
the Council may recommend to the Regional Director that established 
measures be modified, removed, or re-instituted. Such recommendation 
shall include supporting rationale and analysis, and shall be made after 
advance public notice, public discussion, and consideration of public 
comment. NMFS may implement the Council's recommendation by rulemaking 
if approved by the Regional Director.
    (d) Procedure for New Measures. (1) New measures are management 
measures that have not been included in regulations implementing the 
FMP, or for which the impacts have not been

[[Page 289]]

evaluated in Council/NMFS documents in the context of current 
conditions.
    (2) Following the framework procedures of Amendment 9 to the FMP, 
the Council will publicize, including by a Federal Register document, 
and solicit public comment on, any proposed new management measure. 
After a Council meeting at which the measure is discussed, the Council 
will consider recommendations and prepare a Federal Register document 
summarizing the Council's deliberations, rationale, and analysis for the 
preferred action, and the time and place for any subsequent Council 
meeting(s) to consider the new measure. At subsequent public meeting(s), 
the Council will consider public comments and other information received 
to make a recommendation to the Regional Director about any new measure. 
NMFS may implement the Council's recommendation by rulemaking if 
approved by the Regional Director.



Sec. 660.54   Five-year review.

    The Council, in cooperation with NMFS, will conduct a review of the 
effectiveness and impacts of the NWHI management program, including 
biological, economic, and social aspects of the fishery, by July 1, 
2001.



         Subpart E--Bottomfish and Seamount Groundfish Fisheries



Sec. 660.61   Permits.

    (a) Applicability. (1) The owner of any vessel being used to fish 
for bottomfish or seamount groundfish species in the management area 
must have a permit issued under this section for that vessel.
    (2) No vessel owner may have permits for a single vessel to harvest 
bottomfish in the Ho'omalu Zone and the Mau Zone at the same time.
    (b) Application. (1) An application for a permit required under this 
section will be submitted to the Pacific Area Office as described in 
Sec. 660.13.
    (2) Before the Regional Director issues a Mau Zone or Ho'omalu zone 
permit to fish for bottomfish under this section, the primary operator 
and relief operator named on the application form must have completed a 
protected species workshop conducted by NMFS.
    (3) Each applicant for a Ho'omalu zone permit will submit a 
supplementary information sheet to be provided by the Pacific Area 
Office. Each application for a Ho'omalu zone permit will be signed by 
the vessel owner or a designee and include the following information:
    (i) The qualification criterion that the applicant believes he or 
she meets for issuance of a limited access permit; and
    (ii) Copies of landings receipts or other documentation, with a 
certification from a state or Federal agency that this information is 
accurate, to demonstrate participation in the NWHI bottomfish fishery; 
or
    (iii) If the application is filed by a partnership or corporation, 
the application must identify the names of the owners and their 
respective percentage of ownership of the partnership or corporation.
    (c) Sale or transfer of Ho'omalu Zone permits to new vessel owners. 
(1) A Ho'omalu zone permit shall not be sold or otherwise transferred to 
a new owner.
    (2) A Ho'omalu zone permit or permits may be held by a partnership 
or corporation. If 50 percent or more of the ownership of the vessel 
passes to persons other than those listed in the original application, 
the permit will lapse and must be surrendered to the Regional Director.
    (d) Transfer of permits to replacement vessels. (1) An owner of a 
permitted vessel may, without limitation, transfer his or her permit to 
another vessel owned by him or her, provided that the replacement vessel 
does not exceed 60 ft (18.3 m) in length and that the replacement vessel 
is put into service within 12 months after the owner declares to the 
Regional Director the intent to make the transfer of the permit.
    (2) An owner of a permitted vessel may apply to the Regional 
Director for approval to use the permit for a replacement vessel greater 
than 60 ft (18.3 m) in length. The Regional Director may allow this 
change upon determining, after consultation with the Council and 
considering the objectives of the limited access program, that the 
replacement vessel has equal catching

[[Page 290]]

power as the original vessel, or that the replacement vessel has 
catching power that is comparable to the rest of the vessels holding 
permits for the fishery, and that the change is not inconsistent with 
the objectives of the program.
    (3) The Regional Director shall consider vessel length, range, hold 
capacity, gear limitations, and other appropriate factors in making 
determinations of catching power equivalency and comparability of the 
catching power of vessels in the fishery.
    (e) Supplementary requirements for permit renewal. (1) A permit will 
be eligible for renewal if the vessel covered by the permit makes three 
or more qualifying landings as defined in Sec. 660.12 during the permit 
year.
    (2) The owner of a permitted vessel that did not make three or more 
qualifying landings of bottomfish in a year may apply to the Regional 
Director for waiver of the landing requirement. If the Regional Director 
finds that failure to make three landings was due to circumstances 
beyond the owner's control, the Regional Director may renew the permit. 
A waiver may not be granted if the failure to make three landings was 
due to general economic conditions or market conditions, such that the 
vessel operations would not be profitable.
    (f) Supplementary requirements for new limited access permits. The 
Regional Director may issue new vessel permits under this part when the 
Regional Director has determined, in consultation with the Council, that 
bottomfish stocks in the Ho'omalu Zone are able to support additional 
fishing effort. This shall be established by determining that the total 
estimated annual revenue to the fleet exceeds the total estimated annual 
fixed and variable costs to the fleet in the Ho'omalu Zone by an amount 
at least equal to the average cost of a vessel year. This determination 
shall be made and published annually in association with the annual 
report required under Sec. 660.67.
    (g) Eligibility for new limited access permits. When the Regional 
Director has determined that new permits may be issued, they shall be 
issued to applicants based upon eligibility, determined as follows:
    (1) Point system. (i) Two points shall be assigned for each year in 
which the applicant was owner or captain of a vessel that made three or 
more qualifying landings of bottomfish from the NWHI.
    (ii) One point shall be assigned for each year in which the 
applicant was owner or captain of a vessel that landed at least 6,000 lb 
(2,722 kg) of bottomfish from the main Hawaiian Islands.
    (iii) Points will be assigned only under paragraph (g)(1)(i) or (ii) 
of this section for any 1 year.
    (iv) Points will be assigned for every year for which the requisite 
landings can be documented.
    (2) Restrictions. An applicant must own at least a 25-percent share 
in the vessel that the permit would cover, and only one permit will be 
assigned to any vessel.
    (3) Order of issuance. New permits shall be awarded to applicants in 
descending order, starting with the applicant with the largest number of 
points. If two or more persons have an equal number of points, and there 
are insufficient new permits for all such applicants, the new permits 
shall be awarded by the Regional Director through a lottery.
    (4) Notification. The Regional Director shall place a notice in the 
Federal Register and shall use other means to notify prospective 
applicants of the opportunity to file applications for new permits under 
this program.
    (h) Appeals of permit actions. (1) Except as provided in subpart D 
of 15 CFR part 904, any applicant for a permit or a permit holder may 
appeal the granting, denial, conditioning, or suspension of their permit 
or a permit affecting their interests to the Assistant Administrator. In 
order to be considered by the Assistant Administrator, such appeal must 
be in writing, must state the action(s) appealed, and the reasons 
therefor, and must be submitted within 30 days of the action(s) by the 
Regional Director. The appellant may request an informal hearing on the 
appeal.
    (2) Upon receipt of an appeal authorized by this section, the 
Assistant Administrator will notify the permit applicant, or permit 
holder as appropriate, and will request such additional

[[Page 291]]

information and in such form as will allow action upon the appeal. Upon 
receipt of sufficient information, the Assistant Administrator will 
decide the appeal in accordance with the permit eligibility criteria set 
forth in this section and the amendment to the FMP, as appropriate, 
based upon information relative to the application on file at NMFS and 
the Council and any additional information, the summary record kept of 
any hearing and the hearing officer's recommended decision, if any, and 
such other considerations as deemed appropriate. The Assistant 
Administrator will notify all interested persons of the decision, and 
the reasons therefor, in writing, normally within 30 days of the receipt 
of sufficient information, unless additional time is needed for a 
hearing.
    (3) If a hearing is requested, or if the Assistant Administrator 
determines that one is appropriate, the Assistant Administrator may 
grant an informal hearing before a hearing officer designated for that 
purpose after first giving notice of the time, place, and subject matter 
of the hearing in the Federal Register. Such a hearing shall normally be 
held no later than 30 days following publication of the notice in the 
Federal Register, unless the hearing officer extends the time for 
reasons deemed equitable. The appellant, the applicant (if different), 
and, at the discretion of the hearing officer, other interested persons, 
may appear personally or be represented by counsel at the hearing and 
submit information and present arguments as determined appropriate by 
the hearing officer. Within 30 days of the last day of the hearing, the 
hearing officer shall recommend in writing a decision to the Assistant 
Administrator.
    (4) The Assistant Administrator may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
In any event, the Assistant Administrator will notify interested persons 
of the decision, and the reason(s) therefore, in writing, within 30 days 
of receipt of the hearing officer's recommended decision. The Assistant 
Administrator's action shall constitute final action for the agency for 
the purposes of the APA.
    (5) Any time limit prescribed in this section may be extended for a 
period not to exceed 30 days by the Assistant Administrator for good 
cause, either upon his or her own motion or upon written request from 
the appellant or applicant stating the reason(s) therefore.



Sec. 660.62  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 of 
this chapter and Sec. 660.15, it is unlawful for any person to do any of 
the following:
    (a) Fish for bottomfish or seamount groundfish using gear prohibited 
under Sec. 660.64.
    (b) Fish for bottomfish in the Ho'omalu Zone without a limited 
access permit issued under Secs. 660.13 and 660.61.
    (c) Fish for bottomfish in the Mau Zone without a permit issued 
under Secs. 660.13 and 660.61.
    (d) Serve as primary operator or relief operator on a vessel with a 
Mau or Ho'omalu Zone permit without completing a protected species 
workshop conducted by NMFS, as required by Sec. 660.61.
    (e) Fail to notify the USCG at least 24 hours prior to making any 
landing of bottomfish taken in the Ho'omalu Zone, as required by 
Sec. 660.63.
    (f) Fish within any protected species study zone in the NWHI without 
notifying the Regional Director of the intent to fish in these zones, as 
required under Sec. 660.63.



Sec. 660.63  Notification.

    (a) The owner or operator of a fishing vessel subject to this 
subpart must inform the Pacific Area Office at least 72 hours (not 
including weekends and holidays) before leaving port, of his or her 
intent to fish within the protected species study zones defined in 
Sec. 660.12. The notice must include the name of the vessel, name of the 
operator, intended departure and return date, and a telephone number at 
which the owner or operator may be contacted during the business day (8 
a.m. to 5 p.m.) to indicate whether an observer will be required on the 
subject fishing trip.
    (b) The operator of a fishing vessel that has taken bottomfish in 
the Ho'omalu Zone must contact the

[[Page 292]]

USCG, by radio or otherwise, at the 14th District, Honolulu, HI; Pacific 
Area, San Francisco, CA; or 17th District, Juneau, AK, at least 24 hours 
before landing, and report the port and the approximate date and time at 
which the bottomfish will be landed.



Sec. 660.64  Gear restrictions.

    (a) Bottom trawls and bottom set gillnets. Fishing for bottomfish 
and seamount groundfish with bottom trawls and bottom set gillnets is 
prohibited.
    (b) Possession of gear. Possession of a bottom trawl and bottom set 
gillnet by any vessel having a permit under Sec. 660.61 or otherwise 
established to be fishing for bottomfish or seamount groundfish in the 
management subareas is prohibited.
    (c) Poisons and explosives. The possession or use of any poisons, 
explosives, or intoxicating substances for the purpose of harvesting 
bottomfish and seamount groundfish is prohibited.



Sec. 660.65  At-sea observer coverage.

    (a) All fishing vessels subject to this subpart must carry an 
observer when directed to do so by the Regional Director.
    (b) The Pacific Area Office will advise the vessel owner or operator 
of any observer requirement within 72 hours (not including weekends or 
holidays) of receipt of the notice. If an observer is required, the 
owner or operator will be informed of the terms and conditions of 
observer coverage, and the time and place of embarkation of the 
observer.
    (c) All observers must be provided with sleeping, toilet, and eating 
accommodations at least equal to that provided to a full crew member. A 
mattress of futon on the floor or a cot is not acceptable in place of a 
regular bunk. Meal and other gallery privileges must be the same for the 
observer as for other crew members.
    (d) Female observers on a vessel with an all-male crew must be 
accommodated either in a single-person cabin or, if reasonable privacy 
can be ensured by installing a curtain or other temporary divider, in a 
two-person cabin shared with a licensed officer of the vessel. If the 
cabin assigned to a female observer does not have its own toilet and 
shower facilities that can be provided for the exclusive use of the 
observer, then a schedule for time-sharing of common facilities must be 
established and approved by the Regional Director prior to the vessel's 
departure from port.



Sec. 660.66  Protected species conservation.

    The Regional Director may change the size of the protected species 
study zones defined in Sec. 660.12 of this subpart:
    (a) If the Regional Director determines that a change in the size of 
the study zones would not result in fishing for bottomfish in the NWHI 
that would adversely affect any species listed as threatened or 
endangered under the ESA.
    (b) After consulting with the Council.
    (c) Through notification in the Federal Register published at least 
30 days prior to the effective date or through actual notice to the 
permit holders.



Sec. 660.67  Framework for regulatory adjustments.

    (a) Annual reports. By June 30 of each year, a Council-appointed 
bottomfish monitoring team will prepare an annual report on the fishery 
by area covering the following topics:
    (1) Fishery performance data.
    (2) Summary of recent research and survey results.
    (3) Habitat conditions and recent alterations.
    (4) Enforcement activities and problems.
    (5) Administrative actions (e.g., data collection and reporting, 
permits).
    (6) State and territorial management actions.
    (7) Assessment of need for Council action (including biological, 
economic, social, enforcement, administrative, and state/Federal needs, 
problems, and trends). Indications of potential problems warranting 
further investigation may be signaled by the following indicator 
criteria:
    (i) Mean size of the catch of any species in any area is a pre-
reproductive size.
    (ii) Ratio of fishing mortality to natural mortality for any 
species.

[[Page 293]]

    (iii) Harvest capacity of the existing fleet and/or annual landings 
exceed best estimate of MSY in any area.
    (iv) Significant decline (50 percent or more) in bottomfish catch 
per unit of effort from baseline levels.
    (v) Substantial decline in ex-vessel revenue relative to baseline 
levels.
    (vi) Significant shift in the relative proportions of gear in any 
one area.
    (vii) Significant change in the frozen/fresh components of the 
bottomfish catch.
    (viii) Entry/exit of fishermen in any area.
    (ix) Per-trip costs for bottomfishing exceed per-trip revenues for a 
significant percentage of trips.
    (x) Significant decline or increase in total bottomfish landings in 
any area.
    (xi) Change in species composition of the bottomfish catch in any 
area.
    (xii) Research results.
    (xiii) Habitat degradation or environmental problems.
    (xiv) Reported interactions between bottomfishing operations and 
protected species in the NWHI.
    (8) Recommendations for Council action.
    (9) Estimated impacts of recommended action.
    (b) Recommendation of management action. (1) The team may present 
management recommendations to the Council at any time. Recommendations 
may cover actions suggested for Federal regulations, state/territorial 
action, enforcement or administrative elements, and research and data 
collection. Recommendations will include an assessment of urgency and 
the effects of not taking action.
    (2) The Council will evaluate the team's reports and 
recommendations, and the indicators of concern. The Council will assess 
the need for one or more of the following types of management action: 
Catch limits, size limits, closures, effort limitations, access 
limitations, or other measures.
    (3) The Council may recommend management action by either the state/
territorial governments or by Federal regulation.
    (c) Federal management action. (1) If the Council believes that 
management action should be considered, it will make specific 
recommendations to the Regional Director after requesting and 
considering the views of its Scientific and Statistical Committee and 
Bottomfish Advisory Panel and obtaining public comments at a public 
hearing.
    (2) The Regional Director will consider the Council's recommendation 
and accompanying data, and, if he or she concurs with the Council's 
recommendation, will propose regulations to carry out the action. If the 
Regional Director rejects the Council's proposed action, a written 
explanation for the denial will be provided to the Council within 2 
weeks of the decision.
    (3) The Council may appeal denial by writing to the Assistant 
Administrator, who must respond in writing within 30 days.
    (4) The Regional Director and the Assistant Administrator will make 
their decisions in accord with the Magnuson Act, other applicable law, 
and the Bottomfish FMP.
    (5) To minimize conflicts between the Federal and state management 
systems, the Council will use the procedures in paragraph (b) of this 
section to respond to state/territorial management actions. Council 
consideration of action would normally begin with a representative of 
the state or territorial government bringing a potential or actual 
management conflict or need to the Council's attention.
    (d) Access limitation procedures. (1) Access limitation may be 
adopted under this paragraph (d) only for the NWHI, American Samoa, and 
Guam.
    (2) If access limitation is proposed for adoption or subsequent 
modification through the process described in this paragraph (d), the 
following requirements must be met:
    (i) The Bottomfish Monitoring Team must consider and report to the 
Council on present participation in the fishery; historical fishing 
practices in, and dependence on, the fishery; economics of the fishery; 
capability of fishing vessels used in the fishery to engage in other 
fisheries; cultural and social framework relevant to the fishery; and 
any other relevant considerations.
    (ii) Public hearings must be held specifically addressing the 
limited access proposals.

[[Page 294]]

    (iii) A specific advisory subpanel of persons experienced in the 
fishing industry will be created to advise the Council and the Regional 
Director on administrative decisions.
    (iv) The Council's recommendation to the Regional Director must be 
approved by a two-thirds majority of the voting members.
    (3) If prior participation in the fishery is used as a factor in any 
access limitation system recommended by the Council, August 7, 1985, is 
the date selected by the Council as the date to be used for the NWHI and 
May 30, 1986, for American Samoa and Guam.



Sec. 660.68  Fishing moratorium on Hancock Seamount.

    Fishing for bottomfish and seamount groundfish on the Hancock 
Seamount is prohibited through August 31, 1998.



Sec. 660.69  Management subareas.

    (a) The bottomfish fishery management area is divided into five 
subareas for the regulation of bottomfish and seamount groundfish 
fishing with the following designations and boundaries:
    (1) Main Hawaiian Islands means the EEZ of the Hawaiian Islands 
Archipelago lying to the east of 161 deg.20' W. long.
    (2) Northwestern Hawaiian Islands (NWHI) means the EEZ of the 
Hawaiian Islands Archipelago lying to the west of 161 deg.20' W. long. 
However, for the purposes of regulations issued under this subpart, 
Midway Island is treated as part of the Northwestern Hawaiian Islands 
Subarea.
    (i) Ho'omalu Zone means that portion of the EEZ around the NWHI west 
of 165 deg. W. long.
    (ii) Mau Zone means that portion of the EEZ around the NWHI between 
161 deg.20' W. long. and 165 deg. W. long.
    (3) Hancock Seamount means that portion of the EEZ in the 
Northwestern Hawaiian Islands west of 180 deg.00' W. long. and north of 
28 deg.00' N. lat.
    (4) Guam means the EEZ seaward of the Territory of Guam.
    (5) American Samoa means the EEZ seaward of the Territory of 
American Samoa.
    (b) The inner boundary of the fishery management area is a line 
coterminous with the seaward boundaries of the State of Hawaii, the 
Territory of American Samoa, and the Territory of Guam (the ``3 mile-
limit'').
    (c) The outer boundary of the fishery management area is a line 
drawn in such a manner that each point on it is 200 nautical miles from 
the baseline from which the territorial sea is measured, or is 
coterminous with adjacent international maritime boundaries. The outer 
boundary of the fishery management area north of Guam will extend to 
those points which are equidistant between Guam and the island of Rota 
in the Commonwealth of the Northern Mariana Islands.



                  Subpart F--Precious Corals Fisheries



Sec. 660.81  Permits.

    (a) Any vessel of the United States fishing for, taking, or 
retaining precious coral in any precious coral permit area must have a 
permit issued under Sec. 660.13.
    (b) Each permit will be valid for fishing only in the permit area 
specified on the permit. Precious Coral Permit Areas are defined in 
Sec. 660.12.
    (c) No more than one permit will be valid for any one vessel at any 
one time.
    (d) No more than one permit will be valid for any one person at any 
one time.
    (e) The holder of a valid permit to fish one permit area may obtain 
a permit to fish another permit area only upon surrendering to the 
Regional Director any current permit for the precious corals fishery 
issued under Sec. 660.13.
    (f) General requirements governing application information, 
issuance, fees, expiration, replacement, transfer, alteration, display, 
sanctions, and appeals for permits for the precious corals fishery are 
contained in Sec. 660.13.



Sec. 660.82  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 of 
this chapter and in Sec. 660.15, it is unlawful for any person to:
    (a) Use any vessel to fish for, take, retain, possess or land 
precious coral in any precious coral permit area, unless a permit has 
been issued for that vessel

[[Page 295]]

and area as specified in Sec.  660.13 and that permit is on board the 
vessel.
    (b) Fish for, take, or retain any species of precious coral in any 
precious coral permit area:
    (1) By means of gear or methods prohibited by Sec. 660.88.
    (2) In refugia specified in Sec. 660.12.
    (3) In a bed for which the quota specified in Sec. 660.84 has been 
attained.
    (4) In violation of any permit issued under Sec. 660.13 or 
Sec. 660.17.
    (c) Take and retain, possess, or land any pink coral from the 
Makapuu Bed (Permit Area E-B-1), Keahole Point Bed (Permit Area C-B-1), 
or Kaena Point Bed (Permit Area C-B-2) that is less than the minimum 
height specified in Sec. 660.86, unless:
    (1) A valid EFP was issued under Sec. 660.17 for the vessel and the 
vessel was operating under the terms of the permit; or
    (2) The coral originated outside coral beds listed in this 
paragraph, and this can be demonstrated through receipts of purchase, 
invoices, or other documentation.



Sec. 660.83  Seasons.

    The fishing year for precious coral begins on July 1 and ends on 
June 30 the following year, except at the Makapuu Bed, which has a 2-
year fishing period that begins July 1 and ends June 30, 2 years later.



Sec. 660.84  Quotas.

    (a) General. The quotas limiting the amount of precious coral that 
may be taken in any precious coral permit area during the fishing year 
are listed in Table 1 of this part. Only live coral is counted toward 
the quota. The accounting period for all quotas begins July 1, 1983.
    (b) Conditional bed closure. A conditional bed will be closed to all 
nonselective coral harvesting after the quota for one species of coral 
has been taken.
    (c) Reserves and reserve release. The quotas for exploratory areas 
will be held in reserve for harvest by vessels of the United States in 
the following manner:
    (1) At the start of the fishing year, the reserve for each of the 
three exploratory areas will equal the quota minus the estimated 
domestic annual harvest for that year.
    (2) As soon as practicable after December 31 each year, the Regional 
Director will determine the amount harvested by vessels of the United 
States between July 1 and December 31 of that year.
    (3) NMFS will release to TALFF an amount of precious coral for each 
exploratory area equal to the quota minus two times the amount harvested 
by vessels of the United States in that July 1 through December 31 
period.
    (4) NMFS will publish in the Federal Register a notification of the 
Regional Director's determination and a summary of the information on 
which it is based as soon as practicable after the determination is 
made.



Sec. 660.85  Closures.

    (a) If the Regional Director determines that the harvest quota for 
any coral bed will be reached prior to the end of the fishing year, or 
the end of the 2-year fishing period at Makapuu Bed, NMFS will issue a 
field order closing the bed involved by publication of an action in the 
Federal Register, and through appropriate news media. Any such field 
order must indicate the reason for the closure, the bed being closed, 
and the effective date of the closure.
    (b) A closure is also effective for a permit holder upon the permit 
holder's actual harvest of the applicable quota.



Sec. 660.86  Size restrictions.

    Pink coral harvested from the Makapuu bed (E-B-1), the Keahole Point 
Bed (C-B-1), and the Kaena Point Bed (C-B-2), must have attained a 
minimum height of 10 inches (25.4 cm). There are no size limits for 
precious coral from other beds or other species.



Sec. 660.87  Area restrictions.

    Fishing for coral on the WestPac Bed is not allowed. The specific 
area closed to fishing is all waters within a 2-nm radius of the 
midpoint of 23 deg.18.0' N. lat., 162 deg.35.0' W. long.



Sec. 660.88  Gear restrictions.

    (a) Selective gear. Only selective gear may be used to harvest coral 
from the EEZ of the main Hawaiian Islands.

[[Page 296]]

    (b) Selective or non-selective gear. Either selective or non-
selective gear may be used to harvest coral from Brooks Bank, 180 Fathom 
Bank, and exploratory areas other than the EEZ off the main Hawaiian 
Islands.



               Subpart G--West Coast Groundfish Fisheries



660.301  Purpose and scope.

    This subpart implements the Pacific Coast Groundfish Fishery 
Management Plan (PCGFMP) developed by the Pacific Fishery Management 
Council. These regulations govern groundfish fishing vessels of the 
United States in the EEZ off the coasts of Washington, Oregon, and 
California. All weights are in round weight or round-weight equivalents, 
unless specified otherwise.



Sec. 660.302  Definitions.

    At-sea processing means processing that takes place on a vessel or 
other platform that floats and is capable of being moved from one 
location to another, whether shoreside or on the water.
    Closure, when referring to closure of a fishery, means that taking 
and retaining, possessing, or landing the particular species or species 
group is prohibited.
    Commercial fishing means:
    (1) Fishing by a person who possesses a commercial fishing license 
or is required by law to possess such license issued by one of the 
states or the Federal Government as a prerequisite to taking, landing 
and/or sale; or
    (2) Fishing that results in or can be reasonably expected to result 
in sale, barter, trade or other disposition of fish for other than 
personal consumption.
    Commercial harvest guideline or commercial quota means the harvest 
guideline or quota after subtracting any allocation for the Pacific 
Coast treaty Indian tribes or for recreational fisheries. Limited entry 
and open access allocations are based on the commercial harvest 
guideline or quota.
    Council means the Pacific Fishery Management Council, including its 
Groundfish Management Team, Scientific and Statistical Committee (SSC), 
Groundfish Advisory Subpanel (GAP), and any other committee established 
by the Council.
    Exempted gear means all types of fishing gear except longline, trap 
(or pot), and groundfish trawl gear. Exempted gear includes trawl gear 
used to take pink shrimp, spot and ridgeback prawns, California halibut 
south of Pt. Arena, CA, and sea cucumber south of Pt. Arena, under the 
authority of a State of California limited entry permit for the sea 
cucumber fishery.
    Fishery management area means the EEZ off the coasts of Washington, 
Oregon, and California between 3 and 200 nm offshore, and bounded on the 
north by the Provisional International Boundary between the United 
States and Canada, and bounded on the south by the International 
Boundary between the United States and Mexico.
    Fisheries Management Division (FMD) means the Chief, Fisheries 
Management Division, Northwest Regional Office, NMFS, or a designee.
    Fishing gear includes the following types of gear and equipment used 
in the groundfish fishery:
    (1) Bobbin trawl. The same as a roller trawl, a type of bottom 
trawl.
    (2) Bottom trawl. A trawl in which the otter boards or the footrope 
of the net are in contact with the seabed. It includes roller (or 
bobbin) trawls, Danish and Scottish seine gear, and pair trawls fished 
on the bottom. Any trawl not meeting the requirements for a pelagic 
trawl in Sec. 660.322 is a bottom trawl.
    (3) Chafing gear. Webbing or other material attached to the codend 
of a trawl net to protect the codend from wear.
    (4) Codend. (See Sec. 600.10).
    (5) Commercial vertical hook-and-line. Commercial fishing with hook-
and-line gear that involves a single line anchored at the bottom and 
buoyed at the surface so as to fish vertically.
    (6) Double-bar mesh. Two lengths of twine tied into a single knot.
    (7) Double-walled codend. A codend constructed of two walls of 
webbing.
    (8) Fixed gear (anchored nontrawl gear). Longline, trap or pot, set 
net, and stationary hook-and-line (including commercial vertical hook-
and-line) gears.
    (9) Gillnet. (See Sec. 600.10).

[[Page 297]]

    (10) Hook-and-line. One or more hooks attached to one or more lines. 
It may be stationary (commercial vertical hook-and-line) or mobile 
(troll).
    (11) Longline. A stationary, buoyed, and anchored groundline with 
hooks attached, so as to fish along the seabed. It does not include 
commercial vertical hook-and-line or troll gear.
    (12) Mesh size. The opening between opposing knots. Minimum mesh 
size means the smallest distance allowed between the inside of one knot 
to the inside of the opposing knot, regardless of twine size.
    (13) Nontrawl gear. All legal commercial groundfish gear other than 
trawl gear.
    (14) Pelagic (midwater or off-bottom) trawl. A trawl in which the 
otter boards may be in contact with the seabed but the footrope of the 
net remains above the seabed. It includes pair trawls if fished in 
midwater. A pelagic trawl has no rollers or bobbins on the net.
    (15) Pot. A trap.
    (16) Roller trawl (bobbin trawl). A trawl with footropes equipped 
with rollers or bobbins made of wood, steel, rubber, plastic, or other 
hard material that keep the footrope above the seabed, thereby 
protecting the net. A roller trawl is a type of bottom trawl.
    (17) Set net. A stationary, buoyed, and anchored gillnet or trammel 
net.
    (18) Single-walled codend. A codend constructed of a single wall of 
webbing knitted with single or double-bar mesh.
    (19) Spear. A sharp, pointed, or barbed instrument on a shaft.
    (20) Trammel net. A gillnet made with two or more walls joined to a 
common float line.
    (21) Trap (or pot). A portable, enclosed device with one or more 
gates or entrances and one or more lines attached to surface floats.
    (22) Trawl riblines. Heavy rope or line that runs down the sides, 
top, or underside of a trawl net from the mouth of the net to the 
terminal end of the codend to strengthen the net during fishing.
    Fishing trip is a period of time between landings when fishing is 
conducted.
    Fishing year is the year beginning at 0801 GMT (0001 local time) on 
January 1 and ending at 0800 GMT on January 1 (2400 local time on 
December 31).
    Groundfish means species managed by the PCGFMP, specifically:

Sharks:
    leopard shark, Triakis semifasciata
    soupfin shark, Galeorhinus zyopterus
    spiny dogfish, Squalus acanthias
Skates:
    big skate, Raja binoculata
    California skate, R. inornata
    longnose skate, R. rhina
Ratfish:
    ratfish, Hydrolagus colliei
Morids:
    finescale codling, Antimora microlepis
Grenadiers:
    Pacific rattail, Coryphaenoides acrolepis
Roundfish:
    cabezon, Scorpaenichthys marmoratus
    jack mackerel (north of 39 deg. N. lat.), Trachurus symmetricus
    kelp greenling, Hexagrammos decagrammus
    lingcod, Ophiodon elongatus
    Pacific cod, Gadus macrocephalus
    Pacific whiting, Merluccius productus
    sablefish, Anoplopoma fimbria
Rockfish:
    aurora rockfish, Sebastes aurora
    bank rockfish, S. rufus
    black rockfish, S. melanops
    black and yellow rockfish, S. chrysomelas
    blackgill rockfish, S. melanostomus
    blue rockfish, S. mystinus
    bocaccio, S. paucispinis
    bronzespotted rockfish, S. gilli
    brown rockfish, S. auriculatus
    calico rockfish, S. dalli
    California scorpionfish, Scorpaena guttata
    canary rockfish, Sebastes pinniger
    chilipepper, S. goodei
    China rockfish, S. nebulosus
    copper rockfish, S. caurinus
    cowcod, S. levis
    darkblotched rockfish, S. crameri
    dusty rockfish, S. ciliatus
    flag rockfish, S. rubrivinctus
    gopher rockfish, S. carnatus
    grass rockfish, S. rastrelliger
    greenblotched rockfish, S. rosenblatti
    greenspotted rockfish, S. chlorostictus
    greenstriped rockfish, S. elongatus
    harlequin rockfish, S. variegatus
    honeycomb rockfish, S. umbrosus
    kelp rockfish, S. atrovirens
    longspine thornyhead, Sebastolobus altivelis
    Mexican rockfish, Sebastes macdonaldi
    olive rockfish, S. serranoides
    Pacific ocean perch, S. alutus
    pink rockfish, S. eos
    quillback rockfish, S. maliger
    redbanded rockfish, S. babcocki
    redstripe rockfish, S. proriger
    rosethorn rockfish, S. helvomaculatus
    rosy rockfish, S. rosaceus
    rougheye rockfish, S. aleutianus

[[Page 298]]

    sharpchin rockfish, S. zacentrus
    shortbelly rockfish, S. jordani
    shortraker rockfish, S. borealis
    shortspine thornyhead, Sebastolobus alascanus
    silvergray rockfish, Sebastes brevispinis
    speckled rockfish, S. ovalis
    splitnose rockfish, S. diploproa
    squarespot rockfish, S. hopkinsi
    starry rockfish, S. constellatus
    stripetail rockfish, S. saxicola
    tiger rockfish, S. nigrocinctus
    treefish, S. serriceps
    vermilion rockfish, S. miniatus
    widow rockfish, S. entomelas
    yelloweye rockfish, S. ruberrimus
    yellowmouth rockfish, S. reedi
    yellowtail rockfish, S. flavidus

    All genera and species of the family Scorpaenidae that occur off 
Washington, Oregon, and California are included, even if not listed 
above. The Scorpaenidae genera are Sebastes, Scorpaena, Scorpaenodes, 
and Sebastolobus.

Flatfish:
    arrowtooth flounder (arrowtooth turbot), Atheresthes stomias
    butter sole, Isopsetta isolepis
    curlfin sole, Pleuronichthys decurrens
    Dover sole, Microstomus pacificus
    English sole, Parophrys vetulus
    flathead sole, Hippoglossoides elassodon
    Pacific sanddab, Citharichthys sordidus
    petrale sole, Eopsetta jordani
    rex sole, Glyptocephalus zachirus
    rock sole, Lepidopsetta bilineata
    sand sole, Psettichthys melanostictus
    starry flounder, Platichthys stellatus

    Groundfish trawl means trawl gear that is used under the authority 
of a valid limited entry permit issued under this subpart endorsed for 
trawl gear. It does not include any type of trawl gear listed as 
``exempted gear.''
    Harvest guideline means a specified numerical harvest objective that 
is not a quota. Attainment of a harvest guideline does not require 
closure of a fishery.
    Incidental catch or incidental species means groundfish species 
caught while fishing for the primary purpose of catching a different 
species.
    Land or landing means to begin transfer of fish from a fishing 
vessel. Once transfer begins, all fish aboard the vessel are counted as 
part of the landing.
    Length overall (LOA) (with respect to a vessel) means the length 
overall set forth in the Certificate of Documentation (CG-1270) issued 
by the USCG for a documented vessel, or in a registration certificate 
issued by a state or the USCG for an undocumented vessel; for vessels 
that do not have the LOA stated in an official document, the LOA is the 
LOA as determined by the USCG or by a marine surveyor in accordance with 
the USCG method for measuring LOA.
    Limited entry fishery means the fishery composed of vessels using 
trawl gear, longline, and trap (or pot) gear fished pursuant to the 
harvest guidelines, quotas, and other management measures governing the 
limited entry fishery.
    Limited entry gear means longline, trap (or pot), or groundfish 
trawl gear used under the authority of a valid limited entry permit 
affixed with an endorsement for that gear.
    Limited entry permit means the permit required to participate in the 
limited entry fishery, and includes the gear endorsements affixed to the 
permit unless specified otherwise.
    Open access fishery means the fishery composed of vessels using 
exempted gear, and longline and trap (or pot) gear fished pursuant to 
the harvest guidelines, quotas, and other management measures governing 
the open access fishery.
    Open access gear means all types of fishing gear except:
    (1) Longline or trap (or pot) gear fished by a vessel that has a 
limited entry permit affixed with a gear endorsement for that gear.
    (2) Trawl gear.
    Owner of a vessel or vessel owner, as used in this subpart, means a 
person identified as the current owner in the Certificate of 
Documentation (CG-1270) issued by the USCG for a documented vessel, or 
in a registration certificate issued by a state or the USCG for an 
undocumented vessel.
    Pacific Coast Groundfish Fishery Management Plan (PCGFMP) means the 
Fishery Management Plan for the Washington, Oregon, and California 
Groundfish Fishery developed by the Pacific Fishery Management Council 
and approved by the Secretary on January 4, 1982, and as it may be 
subsequently amended.
    Permit holder means a permit owner or a permit lessee.

[[Page 299]]

    Permit lessee means a person who has the right to possess and use a 
limited entry permit for a designated period of time, with reversion to 
the permit owner.
    Permit owner means a person who owns a limited entry permit.
    Person, as it applies to limited entry and open access fisheries 
conducted under this subpart, means any individual, corporation, 
partnership, association or other entity (whether or not organized or 
existing under the laws of any state), and any Federal, state, or local 
government, or any entity of any such government that is eligible to own 
a documented vessel under the terms of 46 U.S.C. 12102(a).
    Processing or to process means the preparation or packaging of 
groundfish to render it suitable for human consumption, industrial uses 
or long-term storage, including, but not limited to, cooking, canning, 
smoking, salting, drying, filleting, freezing, or rendering into meal or 
oil, but does not mean heading and gutting unless additional preparation 
is done.
    Prohibited species means those species and species groups whose 
retention is prohibited unless authorized by other applicable law (for 
example, to allow for examination by an authorized observer or to return 
tagged fish as specified by the tagging agency).
    Quota means a specified numerical harvest objective, the attainment 
(or expected attainment) of which causes closure of the fishery for that 
species or species group.
    Recreational fishing means fishing with authorized recreational 
fishing gear for personal use only, and not for sale or barter.
    Regional Director means the Director, Northwest Region, NMFS. For 
fisheries occurring primarily or exclusively in the fishery management 
area seaward of California, ``Regional Director'' means the Director, 
Northwest Region, NMFS, acting upon the recommendation of the Director, 
Southwest Region, NMFS.
    Reserve means a portion of the harvest guideline or quota set aside 
at the beginning of the year to allow for uncertainties in preseason 
estimates of DAP and JVP.
    Round weight (See Sec. 600.10).
    Shoreside processing means processing that takes place in a facility 
that is fixed permanently to land.
    Specification is a numerical or descriptive designation of a 
management objective, including but not limited to: ABC; harvest 
guideline; quota; limited entry or open access allocation; a set aside 
or allocation for a recreational or treaty Indian fishery; an 
apportionment of the above to an area, gear, season, fishery, or other 
subdivision; DAP, DAH, JVP, TALFF, or incidental bycatch allowances in 
foreign or joint venture fisheries.
    Target fishing means fishing for the primary purpose of catching a 
particular species or species group (the target species).
    Totally lost means the vessel being replaced no longer exists in 
specie, or is absolutely and irretrievably sunk or otherwise beyond the 
possible control of the owner, or the costs of repair (including 
recovery) would exceed the repaired value of the vessel.
    Trip limit means the total allowable amount of a groundfish species 
or species complex by weight, or by percentage of weight of fish on 
board the vessel, that may be taken and retained, possessed, or landed 
from a single fishing trip.



Sec. 660.303  Reporting and recordkeeping.

    (a) This subpart recognizes that catch and effort data necessary for 
implementing the PCGFMP are collected by the States of Washington, 
Oregon, and California under existing state data collection 
requirements. Telephone surveys of the domestic industry will be 
conducted biannually by NMFS to determine amounts of fish that will be 
made available to foreign fishing and JVP. No additional Federal reports 
are required of fishers or processors, so long as the data collection 
and reporting systems operated by state agencies continue to provide 
NMFS with statistical information adequate for management.
    (b) Any person who is required to do so by the applicable state law 
must make and/or file, retain, or make available any and all reports of 
groundfish landings containing all data, and in the

[[Page 300]]

exact manner, required by the applicable state law.



Sec. 660.304   Management areas.

    (a) Vancouver. (1) The northeastern boundary is that part of a line 
connecting the light on Tatoosh Island, WA, with the light on Bonilla 
Point on Vancouver Island, British Columbia (at 48 deg.35'75'' N. lat., 
124 deg.43'00'' W. long.) south of the International Boundary between 
the U.S. and Canada (at 48 deg.29'37.19'' N. lat., 124 deg.43'33.19'' W. 
long.), and north of the point where that line intersects with the 
boundary of the U.S. territorial sea.
    (2) The northern and northwestern boundary is a line connecting the 
following coordinates in the order listed, which is the provisional 
international boundary of the EEZ as shown on NOAA/NOS Charts #18480 and 
#18007:

------------------------------------------------------------------------
                Point                     N. lat.           W. long.    
------------------------------------------------------------------------
1...................................  48 deg.29'37.19  124 deg.43'33.19'
                                       ''               '               
2...................................  48 deg.30'11''   124 deg.47'13''  
3...................................  48 deg.30'22''   124 deg.50'21''  
4...................................  48 deg.30'14''   124 deg.54'52''  
5...................................  48 deg.29'57''   124 deg.59'14''  
6...................................  48 deg.29'44''   125 deg.00'06''  
7...................................  48 deg.28'09''   125 deg.05'47''  
8...................................  48 deg.27'10''   125 deg.08'25''  
9...................................  48 deg.26'47''   125 deg.09'12''  
10..................................  48 deg.20'16''   125 deg.22'48''  
11..................................  48 deg.18'22''   125 deg.29'58''  
12..................................  48 deg.11'05''   125 deg.53'48''  
13..................................  47 deg.49'15''   126 deg.40'57''  
14..................................  47 deg.36'47''   127 deg.11'58''  
15..................................  47 deg.22'00''   127 deg.41'23''  
16..................................  46 deg.42'05''   128 deg.51'56''  
17..................................  46 deg.31'47''   129 deg.07'39''  
------------------------------------------------------------------------

    (3) The southern limit is 47 deg.30' N. lat.
    (b) Columbia. (1) The northern limit is 47 deg.30' N. lat.
    (2) The southern limit is 43 deg.00' N. lat.
    (c) Eureka. (1) The northern limit is 43 deg.00' N. lat.
    (2) The southern limit is 40 deg.30' N. lat.
    (d) Monterey. (1) The northern limit is 40 deg.30' N. lat.
    (2) The southern limit is 36 deg.00' N. lat.
    (e) Conception. (1) The northern limit is 36 deg.00' N. lat.
    (2) The southern limit is the U.S.-Mexico International Boundary, 
which is a line connecting the following coordinates in the order 
listed:

------------------------------------------------------------------------
                Point                      N. lat.          W. long.    
------------------------------------------------------------------------
1...................................  32 deg.35'22''    117 deg.27'49'' 
2...................................  32 deg.37'37''    117 deg.49'31'' 
                                                                        
3...................................  31 deg.07'58''    118 deg.36'18'' 
4...................................  30 deg.32'31''    121 deg.51'58'' 
------------------------------------------------------------------------

    (f) International boundaries. (1) Any person fishing subject to this 
subpart is bound by the international boundaries described in this 
section, notwithstanding any dispute or negotiation between the United 
States and any neighboring country regarding their respective 
jurisdictions, until such time as new boundaries are established or 
recognized by the United States.
    (2) The inner boundary of the fishery management area is a line 
coterminous with the seaward boundaries of the States of Washington, 
Oregon, and California (the ``3-mile limit'').
    (3) The outer boundary of the fishery management area is a line 
drawn in such a manner that each point on it is 200 nm from the baseline 
from which the territorial sea is measured, or is a provisional or 
permanent international boundary between the United States and Canada or 
Mexico.



Sec. 660.305  Vessel identification.

    (a) Display. The operator of a vessel that is over 25 ft (7.6 m) in 
length and is engaged in commercial fishing for groundfish must display 
the vessel's official number on the port and starboard sides of the 
deckhouse or hull, and on a weather deck so as to be visible from above. 
The number must contrast with the background and be in block Arabic 
numerals at least 18 inches (45.7 cm) high for vessels over 65 ft (19.8 
m) long and at least 10 inches (25.4 cm) high for vessels between 25 and 
65 ft (7.6 and 19.8 m) in length. The length of a vessel for purposes of 
this section is the length set forth in USCG records or in state 
records, if no USCG record exists.
    (b) Maintenance of numbers. The operator of a vessel engaged in 
commercial fishing for groundfish must keep the identifying markings 
required by paragraph (a) of this section clearly legible and in good 
repair, and must ensure that no part of the vessel, its rigging, or its 
fishing gear obstructs the view of the official number from an 
enforcement vessel or aircraft.

[[Page 301]]

    (c) Commercial passenger vessels. This section does not apply to 
vessels carrying fishing parties on a per-capita basis or by charter.



Sec. 660.306  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 of 
this chapter, it is unlawful for any person to:
    (a) Sell, offer to sell, or purchase any groundfish taken in the 
course of recreational groundfish fishing.
    (b) Retain any prohibited species (defined in Sec. 660.302) caught 
by means of fishing gear authorized under this subpart or unless 
authorized by part 600 of this chapter. Prohibited species must be 
returned to the sea as soon as practicable with a minimum of injury when 
caught and brought on board.
    (c) Falsify or fail to affix and maintain vessel and gear markings 
as required by Sec. 660.305 or Sec. 660.322(c).
    (d) Fish for groundfish in violation of any terms or conditions 
attached to an EFP under part 600.745.
    (e) Fish for groundfish using gear not authorized under Sec. 660.322 
or in violation of any terms or conditions attached to an EFP under part 
600.745.
    (f) Take and retain, possess, or land more groundfish than specified 
under Sec. 660.321, Sec. 660.323, or under an EFP issued under part 600 
of this chapter.
    (g) Falsify or fail to make and/or file, retain or make available 
any and all reports of groundfish landings, containing all data, and in 
the exact manner, required by the applicable State law, as specified in 
Sec. 660.303, provided that person is required to do so by the 
applicable state law.
    (h) Fail to sort, prior to the first weighing after offloading, 
those groundfish species or species groups for which there is a trip 
limit, if the weight of the total delivery exceeds 3,000 lb (1,361 kg) 
(round weight or round-weight equivalent).
    (i) Possess, deploy, haul, or carry onboard a fishing vessel subject 
to these regulations a set net, trap or pot, longline, or commercial 
vertical hook-and-line that is not in compliance with the gear 
restrictions in Sec. 660.322, unless such gear is the gear of another 
vessel that has been retrieved at sea and made inoperable or stowed in a 
manner not capable of being fished. The disposal at sea of such gear is 
prohibited by Annex V of the International Convention for the Prevention 
of Pollution From Ships, 1973 (Annex V of MARPOL 73/78).
    (j) Process Pacific whiting in the fishery management area during 
times or in areas where at-sea processing is prohibited, unless the fish 
were received from a member of a Pacific Coast treaty Indian tribe 
fishing under Sec. 660.324.
    (k) Take and retain or receive, except as cargo, Pacific whiting on 
a vessel in the fishery management area that already possesses processed 
Pacific whiting on board, during times or in areas where at-sea 
processing is prohibited, unless the fish were received from a member of 
a Pacific Coast treaty Indian tribe fishing under Sec. 660.324; when 
taking and retention is prohibited under Sec. 660.323(a)(4)(iv), fail to 
keep the trawl doors on board the vessel and attached to the trawls on a 
vessel used to fish for whiting.
    (l) Have onboard a commercial hook-and-line fishing vessel (other 
than a vessel operated by persons under Sec. 660.323(b)(1)(ii)), more 
than the amount of the trip limit set for black rockfish by Sec. 660.323 
while that vessel is fishing between the U.S.-Canada border and Cape 
Alava (48 deg.09'30'' N. lat.), or between Destruction Island 
(47 deg.40'00'' N. lat.) and Leadbetter Point (46 deg.38'10'' N. lat.).
    (m) Fish with groundfish trawl gear, or carry groundfish trawl gear 
on board a vessel that also has groundfish on board (unless the vessel 
is in continuous transit from outside the fishery management area to a 
port in Washington, Oregon, or California), without having a limited 
entry permit valid for that vessel affixed with a gear endorsement for 
trawl gear.
    (n) Fail to carry onboard a vessel that vessel's limited entry 
permit if required.
    (o) Make a false statement on an application for issuance, renewal, 
transfer, vessel registration, or replacement of a limited entry permit.
    (p) Take and retain, possess, or land groundfish in excess of the 
landing limit for the open access fishery without having a valid limited 
entry permit

[[Page 302]]

for the vessel affixed with a gear endorsement for the gear used to 
catch the fish.
    (q) Carry on board a vessel, or deploy, limited entry gear when the 
limited entry fishery for that gear is closed.
    (r) Refuse to submit fishing gear of fish subject to such person's 
control to inspection by an authorized officer, or to interfere with or 
prevent, by any means, such an inspection.

61 FR 34572, July 2, 1996, as amended at 61 FR 48643, Sept. 16, 1996]



Sec. 660.321  Specifications and management measures.

    (a) General. NMFS will establish and adjust specifications and 
management measures annually and during the fishing year. Management of 
the Pacific Coast groundfish fishery will be conducted consistent with 
the standards and procedures in the PCGFMP and other applicable law. The 
PCGFMP is available from the Regional Director or the Council.
    (b) Annual actions. The Pacific Coast groundfish fishery is managed 
on a calendar year basis. Even though specifications and management 
measures are announced annually, they may apply for more than 1 year. In 
general, management measures are designed to achieve, but not exceed, 
the specifications, particularly harvest guidelines, limited entry and 
open access allocations, or other approved fishery allocations. Annual 
specifications and management measures are developed at two Council 
meetings and published in the Federal Register at the beginning of the 
year, according to the standards and procedures in the PCGFMP and other 
applicable law.
    (c) Routine management measures. Management measures designated 
``routine'' at Sec. 660.323(b) may be adjusted during the year after 
recommendation from the Council, approval by NMFS, and publication in 
the Federal Register.
    (d) Changes to the regulations. Regulations under this subpart may 
be promulgated, removed, or revised. Any such action will be made 
according to the framework standards and procedures in the PCGFMP and 
other applicable law, and will be published in the Federal Register.



Sec. 660.322  Gear restrictions.

    (a) General. The following types of fishing gear are authorized, 
with the restrictions set forth in this section: Trawl (bottom and 
pelagic), hook-and-line, longline, pot or trap, set net (anchored 
gillnet or trammel net), and spear.
    (b) Trawl gear--(1) Use. Trawl nets may be used on and off the 
seabed. Trawl nets may be fished with or without otter boards, and may 
use warps or cables to herd fish.
    (2) Mesh size. Trawl nets may be used if they meet the minimum mesh 
sizes set forth in this paragraph (b)(2). The minimum sizes apply 
throughout the net. Minimum trawl mesh size requirements are met if a 
20-gauge stainless steel wedge, 3.0 or 4.5 inches (7.6 or 11.4 cm) 
(depending on the gear being measured), less one thickness of the metal 
wedge, can be passed with only thumb pressure through at least 16 of 20 
sets of two meshes each of wet mesh.

                                      Minimum Trawl-Mesh Size In Inches \1\                                     
----------------------------------------------------------------------------------------------------------------
                                                                       Subarea                                  
             Trawl conception type              ----------------------------------------------------            
                                                  Vancouver     Columbia      Eureka      Monterey              
----------------------------------------------------------------------------------------------------------------
Bottom.........................................          4.5          4.5          4.5          4.5          4.5
Pelagic........................................          3.0          3.0          3.0          3.0         3.0 
----------------------------------------------------------------------------------------------------------------
\1\ Metric conversion: 3.0 inches = 7.6 cm; 4.5 inches = 11.4 cm.                                               

    (3) Chafing gear. Chafing gear may encircle no more than 50 percent 
of the net's circumference, except as provided in paragraph (b)(5) of 
this section. No section of chafing gear may be longer than 50 meshes of 
the net to which it is attached. Except at the corners, the terminal end 
of each section of chafing gear must not be connected to the net. (The 
terminal end is the end farthest from the mouth of the net.) Chafing 
gear must be attached outside any

[[Page 303]]

riblines and restraining straps. There is no limit on the number of 
sections of chafing gear on a net.
    (4) Codends. Only single-walled codends may be used in any trawl. 
Double-walled codends are prohibited.
    (5) Pelagic trawls. Pelagic trawl nets must have unprotected 
footropes at the trawl mouth, and must not have rollers, bobbins, tires, 
wheels, rubber discs, or any similar device anywhere in the net. 
Sweeplines, including the bottom leg of the bridle, must be bare. For at 
least 20 ft (6.15 m) immediately behind the footrope or headrope, bare 
ropes or mesh of 16-inch (40.6-cm) minimum mesh size must completely 
encircle the net. A band of mesh (a ``skirt'') may encircle the net 
under transfer cables, lifting or splitting straps (chokers), but must 
be: Over riblines and restraining straps; the same mesh size and 
coincide knot-to-knot with the net to which it is attached; and no wider 
than 16 meshes.
    (c) Fixed gear. (1) Fixed gear (longline, trap or pot, set net and 
stationary hook-and-line gear, including commercial vertical hook-and-
line gear) must be:
    (i) Marked at the surface, at each terminal end, with a pole, flag, 
light, radar reflector, and a buoy, except as provided in paragraph 
(c)(2) of this section.
    (ii) Attended at least once every 7 days.
    (2) Commercial vertical hook-and-line gear that is closely tended 
may be marked only with a single buoy of sufficient size to float the 
gear. ``Closely tended'' means that a vessel is within visual sighting 
distance or within 0.25 nm (463 m) as determined by electronic 
navigational equipment, of its commercial vertical hook-and-line gear.
    (3) A buoy used to mark fixed gear under paragraph (c)(1)(i) or 
(c)(2) of this section must be marked with a number clearly identifying 
the owner or operator of the vessel. The number may be either:
    (i) If required by applicable state law, the vessel's number, the 
commercial fishing license number, or buoy brand number; or
    (ii) The vessel documentation number issued by the USCG, or, for an 
undocumented vessel, the vessel registration number issued by the state.
    (d) Set nets. Fishing for groundfish with set nets is prohibited in 
the fishery management area north of 38 deg.00' N. lat.
    (e) Traps or pots. Traps must have biodegradable escape panels 
constructed with # 21 or smaller untreated cotton twine in such a manner 
that an opening at least 8 inches (20.3 cm) in diameter results when the 
twine deteriorates.
    (f) Recreational fishing. The only types of fishing gear authorized 
for recreational fishing are hook-and-line and spear.
    (g) Spears. Spears may be propelled by hand or by mechanical means.



Sec. 660.323  Catch restrictions.

    (a) Groundfish species harvested in the territorial sea (0-3 nm) 
will be counted toward the catch limitations in this section.
    (1) Black rockfish. The trip limit for black rockfish (Sebastes 
melanops) for commercial fishing vessels using hook-and-line gear 
between the U.S.-Canada border and Cape Alava (48 deg.09'30'' N. lat.), 
and between Destruction Island (47 deg.40' N. lat.) and Leadbetter Point 
(46 deg.38'10'' N. lat.), is 100 lbs (45 kg) or 30 percent, by weight of 
all fish on board, whichever is greater, per vessel per fishing trip.
    (2) Nontrawl sablefish. This paragraph (a)(2) applies to the limited 
entry fishery, except for paragraphs (a)(2)(i) and (v), which also apply 
to the open-access fishery.
    (i) Pre-season closure--open-access and limited entry fisheries.
    (A) Sablefish taken with fixed gear in the limited entry or open 
access fishery in the EEZ may not be retained or landed from 12 noon 
August 29 through 12 noon September 1.
    (B) All fixed gear used to take and retain groundfish must be out of 
EEZ waters from 12 noon August 29 through 12 noon September 1, except 
that pot gear used to take and retain groundfish may be deployed and 
baited in the EEZ after 12 noon on August 31.
    (ii) Regular season--limited entry fishery. The regular season for 
the limited entry nontrawl sablefish fishery begins at 1201 hours on 
September 1. During

[[Page 304]]

the regular season, the limited entry nontrawl sablefish fishery may be 
subject to trip limits to protect juvenile sablefish. The regular season 
will end when 70 percent of the limited entry nontrawl allocation has 
been or is projected to be taken. The end of the regular season may be 
announced in the Federal Register either before or during the regular 
season.
    (iii) Mop-up season--limited entry fishery. A mop-up season to take 
the remainder of the limited entry nontrawl allocation will begin about 
3 weeks after the end of the regular season, or as soon as practicable 
thereafter. During the mop-up fishery, a cumulative trip limit will be 
imposed. The length of the mop-up season and amount of the cumulative 
trip limit, including the time period to which it applies, will be 
determined by the Regional Director in consultation with the Council or 
its designees, and will be based primarily on the amount of fish 
remaining in the allocation and the number of participants anticipated. 
The Regional Director may determine that too little of the nontrawl 
allocation remains to conduct an orderly or manageable fishery, in which 
case there will not be a mop-up season.
    (iv) Other announcements. The dates and times that the regular 
season ends (and trip limits on sablefish of all sizes are resumed) and 
the mop-up season begins and ends, and the size of the trip limit for 
the mop-up fishery, will be announced in the Federal Register, and may 
be modified. Unless otherwise announced, these seasons will begin and 
end at 12 noon on the specified date. A vessel landing sablefish in 
Puget Sound that was taken under a limited entry permit with nontrawl 
gear during a regular season is not subject to trip limits on that trip 
(except the regular season trip limits to protect juvenile sablefish), 
provided the landing complies with Washington State regulations 
governing sablefish landings in Puget Sound after the regular season.
    (v) Trip limits. Trip and/or frequency limits may be imposed in the 
limited entry fishery before and after the regular season, and after the 
mop-up season, under paragraph (b) of this section. Trip and/or size 
limits to protect juvenile sablefish in the limited entry or open-access 
fisheries also may be imposed at any time under paragraph (b) of this 
section. Trip limits may be imposed in the open-access fishery at any 
time under paragraph (b) of this section.
    (3) Pacific whiting--(i) Season. The regular season for Pacific 
whiting begins on May 15 north of 42 deg.00' N. lat., on March 1 between 
42 deg.00' N. lat. and 40 deg.30' N. lat., and on April 15 south of 
40 deg.30' N. lat. Before and after the regular season, trip landing or 
frequency limits may be imposed under paragraph (b) of this section.
    (ii) Closed areas. Pacific whiting may not be taken and retained in 
the following portions of the fishery management area:
    (A) Klamath River Salmon Conservation Zone. The ocean area 
surrounding the Klamath River mouth bounded on the north by 
41 deg.38'48'' N. lat. (approximately 6 nm north of the Klamath River 
mouth), on the west by 124 deg.23' W. long. (approximately 12 nm from 
shore), and on the south by 41 deg.26'48'' N. lat. (approximately 6 nm 
south of the Klamath River mouth).
    (B) Columbia River Salmon Conservation Zone. The ocean area 
surrounding the Columbia River mouth bounded by a line extending for 6 
nm due west from North Head along 46 deg.18' N. lat. to 124 deg.13'18'' 
W. long., then southerly along a line of 167 True to 46 deg.11'06'' N. 
lat. and 124 deg.11' W. long. (Columbia River Buoy), then northeast 
along Red Buoy Line to the tip of the south jetty.
    (iii) Eureka area trip limits. Trip landing or frequency limits may 
be established, modified, or removed under Sec. 660.321 or Sec. 660.323, 
specifying the amount of Pacific whiting that may be taken and retained, 
possessed, or landed by a vessel that, at any time during a fishing 
trip, fished in the fishery management area shoreward of the 100-fathom 
(183-m) contour (as shown on NOAA Charts 18580, 18600, and 18620) in the 
Eureka area (from 43 deg.00' to 40 deg.30' N. lat.).
    (iv) At-sea processing. Pacific whiting may not be processed at sea 
south of 42 deg.00' N. lat. (Oregon-California border).
    (v) Time of day. Pacific whiting may not be taken and retained by 
any vessel in the fishery management area

[[Page 305]]

south of 42 deg.00' N. lat. between 0001 hours to one-half hour after 
official sunrise (local time). During this time south of 42 deg.00' N. 
lat., trawl doors must be on board any vessel used to fish for whiting 
and the trawl must be attached to the trawl doors. Official sunrise is 
determined, to the nearest 5 deg. lat., in The Nautical Almanac issued 
annually by the Nautical Almanac Office, U.S. Naval Observatory, and 
available from the U.S. Government Printing Office.
    (4) Pacific whiting--allocation. The following provisions apply from 
1994 through 1996--
    (i) Shoreside reserve. When 60 percent of the commercial harvest 
guideline for Pacific whiting has been or is projected to be taken, 
further at-sea processing of Pacific whiting will be prohibited pursuant 
to paragraph (a)(4)(iv) of this section. The remaining 40 percent of the 
commercial harvest guideline is reserved for harvest by vessels 
delivering to shoreside processors.
    (ii) Release of reserve. That portion of the commercial harvest 
guideline that the Regional Director determines will not be used by 
shoreside processors by the end of that fishing year shall be made 
available for harvest by all fishing vessels, regardless of where they 
deliver, on August 15 or as soon as practicable thereafter. NMFS may 
again release whiting at a later date if it becomes obvious, after 
August 15, that shore-based needs have been substantially over-
estimated, but only after consultation with the Council and only to 
insure full utilization of the resource.
    (iii) Estimates. Estimates of the amount of Pacific whiting 
harvested will be based on actual amounts harvested, projections of 
amounts that will be harvested, or a combination of the two. Estimates 
of the amount of Pacific whiting that will be used by shoreside 
processors by the end of the fishing year will be based on the best 
information available to the Regional Director from state catch and 
landings data, the survey of domestic processing capacity and intent, 
testimony received at Council meetings, and/or other relevant 
information.
    (iv) Announcements. The Assistant Administrator will announce in the 
Federal Register when 60 percent of the commercial harvest guideline for 
whiting has been, or is about to be, harvested, specifying a time after 
which further at-sea processing of Pacific whiting in the fishery 
management area is prohibited. The Assistant Administrator will publish 
a document in the Federal Register to announce any release of the 
reserve on August 15, or as soon as practicable thereafter. In order to 
prevent exceeding the limits or underutilizing the resource, adjustments 
may be made effective immediately by actual notice to fishermen and 
processors, by phone, fax, Northwest Region computerized bulletin board 
(contact 206-526-6128), letter, press release, and/or U.S. Coast Guard 
Notice to Mariners (monitor channel 16 VHF), followed by publication in 
the Federal Register, in which instance public comment will be sought 
for a reasonable period of time thereafter. If insufficient time exists 
to consult with the Council, the Regional Director will inform the 
Council in writing of actions taken.
    (b) Routine management measures. In addition to the catch 
restrictions in this section, other catch restrictions that are likely 
to be adjusted on an annual or more frequent basis may be imposed and 
announced by a single notification in the Federal Register if they first 
have been designated as ``routine'' according to the applicable 
procedures in the PCGFMP. The following catch restrictions are 
designated as routine for the reasons given in paragraph (b)(1)(ii) of 
this section:
    (1) Commercial-limited entry and open access fisheries--
    (i) Species and gear. (A) Widow rockfish--all gear--trip landing and 
frequency limits.
    (B) Sebastes complex--all gear--trip landing and frequency limits.
    (C) Yellowtail rockfish--all gear--trip landing and frequency 
limits.
    (D) Pacific ocean perch--all gear--trip landing and frequency 
limits.
    (E) Sablefish--all gear--trip landing, frequency, and size limits.
    (F) Dover sole--all gear--trip landing and frequency limits.
    (G) Thornyheads (shortspine thornyheads or longspine thornyheads,

[[Page 306]]

separately or combined)--all gear--trip landing and frequency limits.
    (H) Bocaccio--all gear--trip landing and frequency limits.
    (I) Pacific whiting--all gear--trip landing and frequency limits.
    (J) Lingcod--all gear--trip landing and frequency limits; size 
limits.
    (K) Canary rockfish--all gear--trip landing and frequency limits.
    (L) All groundfish, separately or in any combination--any legal open 
access gear (including non-groundfish trawl gear used to harvest pink 
shrimp, spot or ridgeback prawns, California halibut or sea cucumbers in 
accordance with the regulations in this subpart)--trip landing and 
frequency limits. (Size limits designated routine in this section 
continue to apply.)
    (ii) Reasons for ``routine'' management measures. All routine 
management measures on commercial fisheries are intended to keep 
landings within the harvest levels announced by NMFS. In addition, the 
following reasons apply:
    (A) Trip landing and frequency limits--to extend the fishing season; 
to minimize disruption of traditional fishing and marketing patterns; to 
reduce discards; to discourage target fishing while allowing small 
incidental catches to be landed; to allow small fisheries to operate 
outside the normal season; and, for the open access fishery only, to 
maintain landings at the historical proportions during the 1984-88 
window period.
    (B) Size limits--to protect juvenile fish; to extend the fishing 
season.
    (2) Recreational--(i) Species and gear. (A) Lingcod--all gear--bag 
and size limits.
    (B) Rockfish--all gear--bag limits.
    (ii) Reasons for ``routine'' management measures. All routine 
management measures on recreational fisheries are intended to keep 
landings within the harvest levels announced by NMFS. In addition, the 
following reasons apply:
    (A) Bag limits--to spread the available catch over a large number of 
anglers; to avoid waste; for consistency with state regulations.
    (B) Size limits--to protect juvenile fish; to enhance the quality of 
the recreational fishing experience; for consistency with state 
regulations.
    (c) Prohibited species. Groundfish species or species groups under 
the PCGFMP for which quotas have been achieved and the fishery closed 
are prohibited species. In addition, the following are prohibited 
species:
    (1) Any species of salmonid.
    (2) Pacific halibut.
    (3) Dungeness crab caught seaward of Washington or Oregon.

[61 FR 34572, July 2, 1996; 61 FR 37843, July 22, 1996; 61 FR 48643, 
Sept. 16, 1996]



Sec. 660.324  Pacific Coast treaty Indian fisheries.

    (a) Pacific Coast treaty Indian tribes have treaty rights to harvest 
groundfish in their usual and accustomed fishing areas in U.S. waters.
    (b) For the purposes of this part, Pacific Coast treaty Indian 
tribes means the Hoh, Makah, and Quileute Indian Tribes and the Quinault 
Indian Nation.
    (c) The Pacific Coast treaty Indian tribes' usual and accustomed 
fishing areas within the fishery management area (FMA) are set out below 
in paragraphs (c)(1) through (c)(4) of this section. Boundaries of a 
tribe's fishing area may be revised as ordered by a Federal court.
    (1) Makah--That portion of the FMA north of 48 deg.02'15'' N. lat. 
(Norwegian Memorial) and east of 125 deg.44'00'' W. long.
    (2) Quileute--That portion of the FMA between 48 deg.07'36'' N. lat. 
(Sand Point) and 47 deg.31'42'' N. lat. (Queets River) and east of 
125 deg.44'00'' W. long.
    (3) Hoh--That portion of the FMA between 47 deg.54'18'' N. lat. 
(Quillayute River) and 47 deg.21'00'' N. lat. (Quinault River) and east 
of 125 deg.44'00'' W. long.
    (4) Quinault--That portion of the FMA between 47 deg.40'06'' N. lat. 
(Destruction Island) and 46 deg.53'18'' N. lat. (Point Chehalis) and 
east of 125 deg.44'00'' W. long.
    (d) Procedures. The rights referred to in paragraph (a) of this 
section will be implemented by the Secretary, after consideration of the 
tribal request, the recommendation of the Council, and the comments of 
the public. The rights will be implemented either through an allocation 
of fish that will be managed by the tribes, or through regulations in 
this section that will apply specifically to the tribal fisheries. An 
allocation or a regulation specific to the tribes shall

[[Page 307]]

be initiated by a written request from a Pacific Coast treaty Indian 
tribe to the Regional Director, prior to the first of the Council's two 
annual groundfish meetings. The Secretary generally will announce the 
annual tribal allocation at the same time as the annual specifications. 
The Secretary recognizes the sovereign status and co-manager role of 
Indian tribes over shared Federal and tribal fishery resources. 
Accordingly, the Secretary will develop tribal allocations and 
regulations under this paragraph in consultation with the affected 
tribe(s) and, insofar as possible, with tribal consensus.
    (e) Identification. A valid treaty Indian identification card issued 
pursuant to 25 CFR part 249, subpart A, is prima facie evidence that the 
holder is a member of the Pacific Coast treaty Indian tribe named on the 
card.
    (f) A limited entry permit under subpart C is not required for 
participation in a tribal fishery described in paragraph (d) of this 
section.
    (g) Fishing under this section by a member of a Pacific Coast treaty 
Indian tribe within their usual and accustomed fishing area is not 
subject to the provisions of other sections of this part.
    (h) Any member of a Pacific Coast treaty Indian tribe must comply 
with this section, and with any applicable tribal law and regulation, 
when participating in a tribal groundfish fishery described in paragraph 
(d) of this section.
    (i) Fishing by a member of a Pacific Coast treaty Indian tribe 
outside the applicable Indian tribe's usual and accustomed fishing area, 
or for a species of groundfish not covered by an allocation or 
regulation under this section, is subject to the regulations in the 
other sections of this part.
    (j) Black rockfish. Harvest guidelines for commercial harvests of 
black rockfish by members of the Pacific Coast Indian tribes using hook 
and line gear will be established annually for the areas between the 
U.S.-Canadian border and Cape Alava (48 deg.09'30'' N. lat.) and between 
Destruction Island (47 deg.40'00'' N. lat.) and Leadbetter Point 
(46 deg.38'10'' N. lat.), in accordance with the procedures for 
implementing annual specifications. Pacific Coast treaty Indians fishing 
for black rockfish in these areas under these harvest guidelines are 
subject to the provisions in this section, and not to the restrictions 
in other sections of this part.
    (k) Groundfish without a tribal allocation. Makah tribal members may 
use midwater trawl gear to take and retain groundfish for which there is 
no tribal allocation and will be subject to the trip landing and 
frequency and size limits applicable to the limited entry fishery.



Sec. 660.331   Limited entry and open access fisheries--general.

    All commercial fishing for groundfish must be conducted in 
accordance with the regulations governing limited entry and open access 
fisheries, except such fishing by treaty Indian tribes as may be 
separately provided for.



Sec. 660.332   Allocations.

    (a) General. The commercial portion of the Pacific Coast groundfish 
fishery, excluding the treaty Indian fishery, is divided into limited 
entry and open access fisheries. Separate allocations for the limited 
entry and open access fisheries will be established annually for certain 
species and/or areas using the procedures described in this subpart or 
the PCGFMP.
    (1) Limited entry allocation. The allocation for the limited entry 
fishery is the allowable catch (harvest guideline or quota excluding set 
asides for recreational or tribal Indian fisheries) minus the allocation 
to the open access fishery.
    (2) Open access allocation. The allocation for the open access 
fishery is derived by applying the open access allocation percentage to 
the annual harvest guideline or quota after subtracting any set asides 
for recreational or tribal Indian fisheries. For management areas where 
quotas or harvest guidelines for a stock are not fully utilized, no 
separate allocation will be established for the open access fishery 
until it is projected that the allowable catch for a species will be 
reached.
    (b) Open access allocation percentage. For each species with a 
harvest guideline or quota, the initial open access allocation 
percentage is calculated by:
    (1) Computing the total catch for that species during the window 
period

[[Page 308]]

by any vessel that does not initially receive a limited entry permit.
    (2) Dividing that amount by the total catch during the window period 
by all gear.
    (3) The guidelines in this paragraph (b)(3) apply to recalculation 
of the open access allocation percentage. Any recalculated allocation 
percentage will be used in calculating the following year's open access 
allocation. If a gear type is prohibited by a state or the Secretary and 
a vessel thereby qualifies for a limited entry permit under this 
subpart, or if a small limited entry fleet is incorporated into the 
limited entry fishery under Sec. 660.338, the window-period catch of 
these vessels will be deducted from the open access fishery's historical 
catch levels and the open access allocation percentage recalculated 
accordingly.
    (c) Catch accounting between the limited entry and open access 
fisheries. Any groundfish caught by a vessel with a limited entry permit 
will be counted against the limited entry allocation while the limited 
entry fishery for that vessel's limited entry gear is open. When the 
fishery for a vessel's limited entry gear has closed, groundfish caught 
by that vessel with open access gear will be counted against the open 
access allocation. All groundfish caught by vessels without limited 
entry permits will be counted against the open access allocation.
    (d) Additional guidelines. Additional guidelines governing 
determination of the limited entry and open access allocations are in 
the PCGFMP.
    (e) Treaty Indian fisheries. Certain amounts of groundfish may be 
set aside annually for tribal fisheries prior to dividing the balance of 
the allowable catch between the limited entry and open access fisheries. 
Tribal fisheries conducted under a set-aside are not subject to the 
regulations governing limited entry and open access fisheries.
    (f) Recreational fisheries. Recreational fishing for groundfish is 
outside the scope of, and not affected by, the regulations governing 
limited entry and open access fisheries. Certain amounts of groundfish 
may be specifically allocated to the recreational fishery, and will be 
set aside prior to dividing the commercial allocation between the 
commercial limited entry and open access fisheries.



Sec. 660.333  Limited entry fishery-general.

    (a) General. Participation in the limited entry fishery requires 
that the owner of a vessel have a limited entry permit affixed with a 
gear endorsement registered for use with that vessel for the gear being 
fished. There are four types of gear endorsements: ``A,'' ``Provisional 
A,'' ``B,'' and ``Designated species B.'' More than one type of gear 
endorsement may be affixed to a limited entry permit. While the limited 
entry fishery is open, vessels fishing under limited entry permits may 
also fish with open access gear. All fishing with open access gear is 
subject to regulations applicable to the open access fishery. Vessels 
with limited entry permits may also participate in the open access 
fishery when the limited entry fishery is closed, but only with open 
access gear.
    (b) Renewal of limited entry permits and gear endorsements.
    (1) Limited entry permits expire at the end of each calendar year, 
and must be renewed between October 1 and November 30 of each year in 
order to remain in force the following year.
    (2) Notification to renew limited entry permits will be issued by 
FMD prior to September 1 each year to the most recent address of the 
permit owner. The permit owner shall provide FMD with notice of any 
address change within 15 days of the change.
    (3) A limited entry permit that is allowed to expire will not be 
renewed unless the FMD determines that failure to renew was proximately 
caused by the illness, injury, or death of the permit owner.
    (c) Transfer and registration of limited entry permits and gear 
endorsements. (1) Upon transfer of a limited entry permit, the FMD will 
reissue the permit in the name of the new permit holder with such gear 
endorsements as are eligible for transfer with the permit. No transfer 
is effective until the limited entry permit has been reissued and is in 
the possession of the new permit holder.

[[Page 309]]

    (2) A limited entry permit may not be used with a vessel unless it 
is registered for use with that vessel. Limited entry permits will 
normally be registered for use with a particular vessel at the time the 
permit is issued, renewed, transferred, or replaced. A permit not 
registered for use with a particular vessel may not be used. If the 
permit will be used with a vessel other than the one registered on the 
permit, a registration for use with the new vessel must be obtained from 
the FMD and placed aboard the vessel before it is used under the permit.
    (3) Application forms for the transfer and registration of limited 
entry permits are available from the FMD (see part 600 for address of 
the Regional Director). Contents of the application, and required 
supporting documentation, are specified in the application form.
    (4) The FMD will maintain records of all limited entry permits that 
have been issued, renewed, transferred, registered, or replaced.
    (d) Evidence and burden of proof. A vessel owner (or person holding 
limited entry rights under the express terms of a written contract) 
applying for issuance, renewal, transfer, or registration of a limited 
entry permit has the burden to submit evidence to prove that 
qualification requirements are met. The following evidentiary standards 
apply:
    (1) A certified copy of the current vessel document (USCG or state) 
is the best evidence of vessel ownership and LOA.
    (2) A certified copy of a state fish receiving ticket is the best 
evidence of a landing, and of the type of gear used.
    (3) A copy of a written contract reserving or conveying limited 
entry rights is the best evidence of reserved or acquired rights.
    (4) Such other relevant, credible evidence as the applicant may 
submit, or the FMD or the Regional Director request or acquire, may also 
be considered.
    (e) Initial decisions. Initial decisions regarding issuance, 
renewal, transfer, and registration of limited entry permits, and 
endorsement upgrade, will be made by the FMD.
    Adverse decisions shall be in writing and shall state the reasons 
therefor. The FMD may decline to act on an application for issuance, 
renewal, transfer, or registration of a limited entry permit if the 
permit sanction provisions of the Magnuson Act at 16 U.S.C. 1858(a) and 
implementing regulations at 15 CFR part 904, subpart D, apply.
    (f) Transfers. Limited entry permits are transferable as follows:
    (1) The permit owner may transfer (by sale, assignment, lease, 
bequest, intestate succession, barter, trade, gift, or other form of 
conveyance) the limited entry permit to a different person. The permit 
holder may register the permit for use with a different vessel under the 
same ownership, subject to the conditions set forth in this subpart.
    (2) Gear endorsements may not be transferred separately from the 
limited entry permit.
    (3) Except as provided in Secs. 660.335(b), 660.336(b), and 
660.337(b)(2), only ``A'' gear endorsements remain valid with the 
transfer of a limited entry permit.
    (g) Eligibility. Only a person eligible to own a documented vessel 
under the terms of 46 U.S.C. 12102(a) may be issued or may hold (by 
ownership or otherwise) a limited entry permit.
    (h) Vessel size endorsements--(1) General. The limited entry permit 
will be endorsed with the LOA for the size of the vessel that initially 
qualified for the permit, except:
    (i) If the permit was initially issued under section 14.3.2.3.8 of 
the FMP [re pre-1991 replacement vessels qualifying for ``provisional 
A'' permits] for a replacement vessel that was more than 5 ft (1.52 m) 
longer than the replaced vessel, the permit will be endorsed for the 
size of the replacement vessel.
    (ii) If the permit was initially issued to a replacement trawl 
vessel that was more than 5 ft (1.52 m) shorter than the replaced 
vessel, it will be endorsed for the size of the smaller replacement 
vessel.
    (iii) If the permit is registered for use with a trawl vessel that 
is more than 5 ft (1.52 m) shorter than the size for which the permit is 
endorsed, it will be endorsed for the size of the smaller vessel.
    (iv) When permits are combined into one permit to be registered for 
use with

[[Page 310]]

a vessel requiring a larger size endorsement, the new permit will be 
endorsed for the size of the larger vessel.
    (2) Limitations of size endorsements--(i) A limited entry permit 
endorsed only for gear other than trawl gear may be registered for use 
with a vessel up to 5 ft (1.52 m) longer than, the same length as, or 
any length shorter than, the size endorsed on the existing permit 
without requiring a combination of permits under paragraph (i) of this 
section or a change in the size endorsement.
    (ii) A limited entry permit endorsed for trawl gear may be 
registered for use with a vessel between 5 ft (1.52 m) shorter and 5 ft 
(1.52 m) longer than the size endorsed on the existing permit without 
requiring a combination of permits under paragraph (i) of this section 
or a change in the size endorsement under paragraph (h)(1)(iii) of this 
section.
    (iii) Combining limited entry permits. Two or more limited entry 
permits with ``A'' gear endorsements for the same type of limited entry 
gear may be combined and reissued as a single permit with a larger size 
endorsement. The vessel harvest capacity rating for each of the permits 
being combined is that indicated in Table 2 of this part for the LOA (in 
feet) endorsed on the respective limited entry permit. Harvest capacity 
ratings for fractions of a foot in vessel length will be determined by 
multiplying the fraction of a foot in vessel length by the difference in 
the two ratings assigned to the nearest integers of vessel length. The 
length rating for the combined permit is that indicated for the sum of 
the vessel harvest capacity ratings for each permit being combined. If 
that sum falls between the sums for two adjacent lengths on Table 2 of 
this part, the length rating shall be the higher length.
    (i) Limited entry permits indivisible. Limited entry permits may not 
be divided for use by more than one vessel.



Sec. 660.334  Limited entry permits--''A'' endorsement.

    (a) A limited entry permit with an ``A'' endorsement entitles the 
holder to participate in the limited entry fishery for all groundfish 
species with the type(s) of limited entry gear specified in the 
endorsement.
    (b) An ``A'' endorsement is transferable with the limited entry 
permit to another person, or a different vessel under the same ownership 
under Sec. 660.333.
    (c) An ``A'' endorsement expires on failure to renew the limited 
entry permit to which it is affixed (see Sec. 660.333).



Sec. 660.335  Limited entry permits--''Provisional A'' endorsement.

    (a) A ``provisional A'' endorsement entitles the permit owner to 
fish for all groundfish species with the types of limited entry gear 
specified in the endorsement.
    (b) A ``provisional A'' endorsement is not transferrable except as 
specified in the PCGFMP.
    (c) The holder of a ``provisional A'' endorsement must comply with 
the requirements set out in the PCGFMP at 14.3.2.4 in order for the 
permit to be upgraded to an ``A'' permit.
    (d) A ``provisional A'' endorsement expires at the end of any of the 
three consecutive 365-day periods (during the 3-year qualifying period) 
in which a vessel's landings do not meet the applicable landing 
requirement or upon failure to renew the limited entry permit. A 
``provisional A'' endorsement that expires will not be reissued.



Sec. 660.336  Limited entry permits--''B'' endorsement.

    (a) A limited entry permit with a ``B'' endorsement entitles the 
permit owner to fish for all groundfish species with the type(s) of 
limited entry gear specified in the endorsement.
    (b) A ``B'' endorsement is not transferable to another person, and 
may not be used with another vessel under the same ownership, unless the 
vessel for which the endorsement was issued is totally lost, and the 
permit is transferred to a replacement vessel owned by the same owner.
    (c) All ``B'' endorsements expire on December 31, 1996.
    (d) A ``B'' endorsement expires on failure to renew the limited 
entry permit.

[[Page 311]]



Sec. 660.337  Limited entry permits--``designated species B'' endorsement.

    (a) Issuance criteria--(1) General. Designated species means Pacific 
whiting, jack mackerel north of 39 deg. N. lat., and shortbelly 
rockfish. Bycatch allowances in fisheries for these species will be 
established using the procedures specified for incidental allowances in 
joint venture and foreign fisheries in the PCGFMP.
    (2) Catch limit. On or about October 1 of each year, the FMD will 
determine the commitment of persons with limited entry permits with 
``A'' gear endorsements (the ``limited entry fleet'') to harvest each 
designated species for delivery to domestic processors during the coming 
year. ``Commitment'' means a permit holder's contract or agreement with 
a specific domestic processor to deliver an estimated amount of the 
designated species. The ``designated species B'' endorsement catch limit 
is the harvest guideline or quota for the designated species minus the 
commitment of the limited entry fleet. If the commitment is less than 
DAP and the harvest guideline or quota for the species, ``designated 
species B'' endorsements valid for delivery to domestic processors will 
be issued in numbers necessary to reach but not exceed the harvest 
guideline or quota. ``Designated species B'' endorsements also may be 
issued for delivery to foreign processors of designated species for 
which a JVP is established. If, at any time during the fishing year, the 
FMD determines that any part of the limited entry fleet commitment will 
not be taken, the Regional Director will make a reapportionment to the 
``designated species B'' endorsement catch limit. The amount of the 
annual limited entry fleet commitment, ``designated species B'' 
endorsement catch limit, and the amounts and timing of any 
reapportionments to the ``designated species B'' endorsement catch limit 
will be announced in the Federal Register.
    (3) Procedure for issuance. Owners of vessels applying for 
``designated species B'' endorsements must apply on or before November 1 
of each year for a ``designated species B'' endorsement for the 
following year. Applications are available from the FMD. Applicants are 
required to specify their commitments for delivery of the designated 
species for the coming year. On or about November 1 of each year, the 
FMD will establish a prioritized list of applicants based on seniority 
(number of years the vessel has fished for the designated species). A 
vessel which replaces a lost vessel, consistent with the standards in 
the PCGFMP, has the same seniority status as the replaced vessel. 
Vessels with equal seniority will be ranked equally. ``Designated 
species B'' endorsements will be issued first to all vessels with the 
highest seniority, then to those with the next highest seniority, and so 
on down the list. No further endorsements will be issued when it is 
estimated that the commitments of applicants receiving endorsements is 
sufficient to take the ``designated species B'' catch limit. If there 
are insufficient commitments by senior applicants to take the 
``designated species B'' catch limit, additional applications will be 
ranked by lottery and a number of endorsements sufficient to take the 
catch limit will be issued.
    (b) Attributes. (1) A limited entry permit with a ``designated 
species B'' endorsement entitles the permit recipient to fish only for 
the species, and only with the gear, specified in the endorsement.
    (2) A ``designated species B'' endorsement is not transferable to 
another person, and may not be used with a different vessel under the 
same ownership, unless the vessel has been totally lost and replaced 
consistent with the provisions of the PCGFMP, in which case the 
replacement vessel has the same seniority as the lost vessel for 
purposes of a ``designated species B'' endorsement.
    (3) A ``designated species B'' endorsement is valid only for the 
fishing year for which it is issued.



Sec. 660.338  Limited entry permits--new permits.

    (a) Small limited entry fisheries that are controlled by a local 
government, are in existence as of July 11, 1991, and have negligible 
impacts on the groundfish resource, may be certified as consistent with 
the goals and objectives of

[[Page 312]]

the limited entry program and incorporated into the limited entry 
fishery. Permits issued under this subsection will be issued according 
to the standards and procedures set out in the PCGFMP and will carry the 
rights explained therein. Window period is that period from July 11, 
1984, through August 1, 1988.
    (b) If, after the window period, an exempt gear is prohibited by 
Washington, Oregon, or California or NMFS, the owners of vessels using 
such gear, who would not otherwise qualify for an ``A'' or ``provisional 
A'' endorsement, may qualify for a ``provisional A'' endorsement for 
only one of the three limited entry gears, if the vessel used the 
prohibited gear to make sufficient landings of groundfish during the 
window period to meet the MLR for the limited entry gear. If a vessel 
would qualify for an endorsement for more than one limited entry gear, 
the owner must choose the type of gear for which the endorsement will be 
issued. If an ``A'' or ``provisional A'' endorsement was previously 
issued for the vessel, and the endorsement was subsequently transferred 
or expired, no ``provisional A'' endorsement will be issued. Permits 
issued under this section will be issued according to the procedures and 
standards set out in the PCGFMP and will carry the rights explained 
therein.
    (c) An owner of a vessel that qualifies under this section must 
apply to the FMD for a permit within 180 days of incorporation of the 
limited entry fleet of which the vessel is a part or within 180 days of 
the effective date of the prohibition of that vessel's gear. Untimely 
applications will be rejected unless the applicant demonstrates that 
circumstances beyond the applicant's control prevented submission of the 
application during the specified period. Illness, injury, or death of 
the potential applicant are the primary grounds on which untimely 
applications may be accepted.



Sec. 660.339  Limited entry permit fees.

    The Regional Director will charge fees to cover administrative 
expenses related to issuance of limited entry permits, including initial 
issuance, renewal, transfer, vessel registration, replacement, and 
appeals. The appropriate fee must accompany each application.



Sec. 660.340  Limited entry permit appeals.

    (a) Decisions on appeals of initial decisions regarding issuance, 
renewal, transfer, and registration of limited entry permits, and 
endorsement upgrade, will be made by the Regional Director.
    (b) Appeals decisions shall be in writing and shall state the 
reasons therefor.
    (c) Within 30 days of an initial decision by the FMD denying 
issuance, renewal, transfer, or registration of a limited entry permit, 
or endorsement upgrade, on the terms requested by the applicant, an 
appeal may be filed with the Regional Director.
    (d) The appeal must be in writing, and must allege facts or 
circumstances to show why the criteria in this subpart have been met, or 
why an exception should be granted.
    (e) At the appellant's discretion, the appeal may be accompanied by 
a request that the Regional Director seek a recommendation from the 
Council as to whether the appeal should be granted. Such a request must 
contain the appellant's acknowledgement that the confidentiality 
provisions of the Magnuson Act at 16 U.S.C. 1853(d) and part 600 of this 
chapter are waived with respect to any information supplied by the 
Regional Director to the Council and its advisory bodies for purposes of 
receiving the Council's recommendation on the appeal. In responding to a 
request for a recommendation on appeal, the Council will apply the 
provisions of the PCGFMP in making its recommendation as to whether the 
appeal should be granted.
    (f) Absent good cause for further delay, the Regional Director will 
issue a written decision on the appeal within 45 days of receipt of the 
appeal, or, if a recommendation from the Council is requested, within 45 
days of receiving the Council's recommendation. The Regional Director's 
decision is the final administrative decision of the Department as of 
the date of the decision.

[[Page 313]]



Sec. 660.341  Limited entry permit sanctions.

    Limited entry permits issued or applied for under this subpart are 
subject to sanctions pursuant to the Magnuson Act at 16 U.S.C. 1858(g) 
and 15 CFR part 904, subpart D.



                 Subpart H--West Coast Salmon Fisheries



Sec. 660.401  Purpose and scope.

    This subpart implements the Fishery Management Plan for Commercial 
and Recreational Salmon Fisheries Off the Coasts of Washington, Oregon, 
and California developed by the Pacific Fishery Management Council. 
These regulations govern the management of West Coast salmon fisheries 
in the EEZ.



Sec. 660.402  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec.  
600.10 of this chapter, the terms used in this subpart have the 
following meanings:
    Barbless hook means a hook with a single shank and point, with no 
secondary point or barb curving or projecting in any other direction. 
Where barbless hooks are specified, hooks manufactured with barbs can be 
made barbless by forcing the point of the barb flat against the main 
part of the point.
    Commercial fishing means fishing with troll fishing gear as defined 
annually under Sec. 660.408, or fishing for the purpose of sale or 
barter of the catch.
    Council means the Pacific Fishery Management Council.
    Dressed, head-off length of salmon means the shortest distance 
between the midpoint of the clavicle arch (see Figure 3 of this subpart) 
and the fork of the tail, measured along the lateral line while the fish 
is lying on its side, without resort to any force or mutilation of the 
fish other than removal of the head, gills, and entrails (see Figure 3 
of this subpart).
    Dressed, head-off salmon means salmon that have been beheaded, 
gilled, and gutted without further separation of vertebrae, and are 
either being prepared for on-board freezing, or are frozen and will 
remain frozen until landed.
    Fishery management area means the EEZ off the coasts of Washington, 
Oregon, and California, bounded on the north by the Provisional 
International Boundary between the United States and Canada, and bounded 
on the south by the International Boundary between the United States and 
Mexico. The northeastern, northern, and northwestern boundaries of the 
fishery management area are as follows:
    (1) Northeastern boundary--that part of a line connecting the light 
on Tatoosh Island, WA, with the light on Bonilla Point on Vancouver 
Island, British Columbia, southerly of the International Boundary 
between the United States and Canada (at 48 deg.29'37'' N. lat., 
124 deg.43'33'' W. long.), and northerly of the point where that line 
intersects with the boundary of the U.S. territorial sea.
    (2) Northern and northwestern boundary is a line 1 connecting 
the following coordinates:
---------------------------------------------------------------------------

    \1\ The line joining these coordinates is the provisional 
international boundary of the U.S. EEZ as shown on NOAA/NOS Charts 
#18480 and #18002.

N. lat.                              W. long.                           
                                                                        
48 deg.29'37.19''                    124 deg.43'33.19''                 
48 deg.30'11''                       124 deg.47'13''                    
48 deg.30'22''                       124 deg.50'21''                    
48 deg.30'14''                       124 deg.52'52''                    
48 deg.29'57''                       124 deg.59'14''                    
48 deg.29'44''                       125 deg.00'06''                    
48 deg.28'09''                       125 deg.05'47''                    
48 deg.27'10''                       125 deg.08'25''                    
48 deg.26'47''                       125 deg.09'12''                    
48 deg.20'16''                       125 deg.22'48''                    
48 deg.18'22''                       125 deg.29'58''                    
48 deg.11'05''                       125 deg.53'48''                    
47 deg.49'15''                       126 deg.40'57''                    
47 deg.36'47''                       127 deg.11'58''                    
47 deg.22'00''                       127 deg.41'23''                    
46 deg.42'05''                       128 deg.51'56''                    
46 deg.31'47''                       129 deg.07'39''                    
                                                                        

    (3) The southern boundary of the fishery management area is the 
U.S.-Mexico International Boundary, which is a line connecting the 
following coordinates:

N. lat.                              W. long.                           
32 deg.35'22''                       117 deg.27'49''                    
32 deg.37'37''                       117 deg.49'31''                    
31 deg.07'58''                       118 deg.36'18''                    
30 deg.32'31''                       121 deg.51'58''                    
                                                                        


[[Page 314]]

    (4) The inner boundaries of the fishery management area are subject 
to change if the Secretary assumes responsibility for the regulation of 
the salmon fishery within state waters under section 306(b) of the 
Magnuson Act.
    Freezer trolling vessel means a fishing vessel, equipped with troll 
fishing gear, that has a present capability for:
    (1) On board freezing of the catch.
    (2) Storage of the fish in a frozen condition until they are landed.
    Land or landing means to begin transfer of fish from a fishing 
vessel. Once transfer begins, all fish onboard the vessel are counted as 
part of the landing.
    Plugs means artificial fishing lures made of wood or hard plastic 
with one or more hooks attached. Lures commonly known as ``spoons,'' 
``wobblers,'' ``dodgers,'' and flexible plastic lures are not considered 
plugs, and may not be used where ``plugs only'' are specified.
    Recreational fishing means fishing with recreational fishing gear as 
defined annually under Sec. 660.408 and not for the purpose of sale or 
barter.
    Recreational fishing gear will be defined annually under 
Sec. 660.408.
    Regional Director means the Director, Northwest Region, NMFS, or a 
designee. For fisheries occurring primarily or exclusively in the 
fishery management area seaward of California, Regional Director means 
the Director, Northwest Region, NMFS, acting in consultation with the 
Director, Southwest Region, NMFS.
    Salmon means any anadromous species of the family Salmonidae and 
genus Oncorhynchus, commonly known as Pacific salmon, including, but not 
limited to:

Chinook (king) salmon, Oncorhynchus tshawytscha
Coho (silver) salmon, Oncorhynchus kisutch
Pink (humpback) salmon, Oncorhynchus gorbuscha
Chum (dog) salmon, Oncorhynchus keta
Sockeye (red) salmon, Oncorhynchus nerka
Steelhead (rainbow trout), Oncorhynchus mykiss

    Total length of salmon means the shortest distance between the tip 
of the snout or jaw (whichever extends furthest while the mouth is 
closed) and the tip of the longest lobe of the tail, without resort to 
any force or mutilation of the salmon other than fanning or swinging the 
tail.
    Treaty Indian fishing means fishing for salmon and steelhead in the 
fishery management area by a person authorized by the Makah Tribe to 
exercise fishing rights under the Treaty with the Makah, or by the 
Quileute, Hoh, or Quinault Tribes to exercise fishing rights under the 
Treaty of Olympia.
    Troll fishing gear will be defined annually under Sec. 660.408.
    Whole bait means a hook or hooks baited with whole natural bait with 
no device to attract fish other than a flasher.



Sec. 660.403  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705 of this chapter, Sec. 660.2, and paragraphs (b) and (c) of 
this section.
    (b) Any person fishing subject to this subpart who also engages in 
fishing for groundfish should consult Federal regulations in subpart G 
for applicable requirements of that subpart, including the requirement 
that vessels engaged in commercial fishing for groundfish (except 
commercial passenger vessels) have vessel identification in accordance 
with Sec. 660.305.
    (c) Any person fishing subject to this subpart is bound by the 
international boundaries of the fishery management area described in 
Sec. 660.402, notwithstanding any dispute or negotiation between the 
United States and any neighboring country regarding their respective 
jurisdictions, until such time as new boundaries are published by the 
United States.



Sec. 660.404  Recordkeeping and reporting.

    (a) This subpart recognizes that catch and effort data necessary for 
implementation of any applicable fishery management plan are collected 
by the States and Indian tribes of Washington, Oregon, California, and 
Idaho under existing data collection requirements. Except as provided in 
paragraph (b) of this section, no additional catch reports will be 
required of fishermen or processors so long as the data collection and 
reporting systems operated by

[[Page 315]]

State agencies and Indian tribes continue to provide NMFS with 
statistical information adequate for management.
    (b) Persons engaged in commercial fishing may be required to submit 
catch reports that are specified annually under Sec. 660.408.

    Effective Date Note: At 61 FR 34600, July 2, 1996, Sec. 660.404 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 660.405  Prohibitions.

    (a) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, it is unlawful for any person to do any of 
the following:
    (1) Take and retain or land salmon caught with a net in the fishery 
management area, except that a hand-held net may be used to bring hooked 
salmon on board a vessel.
    (2) Fish for, or take and retain, any species of salmon:
    (i) During closed seasons or in closed areas;
    (ii) While possessing on board any species not allowed to be taken 
in the area at the time;
    (iii) Once any catch limit is attained;
    (iv) By means of gear or methods other than recreational fishing 
gear or troll fishing gear, or gear authorized under Sec. 660.408(k) for 
treaty Indian fishing;
    (v) In violation of any action issued under this subpart; or
    (vi) In violation of any applicable area, season, species, zone, 
gear, daily bag limit, or length restriction.
    (3) Fish for salmon in an area when salmon of less than the legal 
minimum length for that area are on board the fishing vessel, except 
that this provision does not prohibit transit of an area when salmon of 
less than the legal minimum length for that area are on board, so long 
as no fishing is being conducted.
    (4) Remove the head of any salmon caught in the fishery management 
area, or possess a salmon with the head removed, if that salmon has been 
marked by removal of the adipose fin to indicate that a coded wire tag 
has been implanted in the head of the fish.
    (5) Take and retain or possess on board a fishing vessel any species 
of salmon that is less than the applicable minimum total length, 
including the applicable minimum length for dressed, head-off salmon.
    (6) Possess on board a fishing vessel a salmon, for which a minimum 
total length is extended or cannot be determined, except that dressed, 
head-off salmon may be possessed on board a freezer trolling vessel, 
unless the adipose fin of such salmon has been removed.
    (7) Fail to return to the water immediately and with the least 
possible injury any salmon the retention of which is prohibited by this 
subpart.
    (8) Engage in recreational fishing while aboard a vessel engaged in 
commercial fishing. This restriction is not intended to prohibit the use 
of fishing gear otherwise permitted under the definitions of troll and 
recreational fishing gear, so long as that gear is legal in the fishery 
for which it is being used.
    (9) Take and retain, possess, or land any steelhead taken in the 
course of commercial fishing in the fishery management area, unless such 
take and retention qualifies as treaty Indian fishing.
    (10) Sell, barter, offer to sell, offer to barter, or purchase any 
salmon taken in the course of recreational salmon fishing.
    (11) Refuse to submit fishing gear or catch subject to such person's 
control to inspection by an authorized officer, or to interfere with or 
prevent, by any means, such an inspection.
    (12) Take and retain Pacific halibut (Hippoglossus stenolepis) 
except in accordance with regulations of the International Pacific 
Halibut Commission at part 300 of this title. Pacific halibut that 
cannot be retained lawfully must be returned to the water immediately 
and with the least possible injury.
    (13) Violate any other provision of this subpart.
    (b) The fishery management area is closed to salmon fishing except 
as opened by this subpart or superseding regulations or notices. All 
open fishing periods begin at 0001 hours and end at 2400 hours local 
time on the dates specified.

[[Page 316]]



Sec. 660.406  Exempted fishing.

    (a) NMFS may allow such exempted fishing in the fishery management 
area as may be recommended by the Council, the Federal Government, state 
government, or treaty Indian tribes having usual and accustomed fishing 
grounds in the fishery management area.
    (b) NMFS will not allow any exempted fishery recommended by the 
Council unless NMFS determines that the purpose, design, and 
administration of the exempted fishery are consistent with the goals and 
objectives of the Council's fishery management plan, the national 
standards (section 301(a) of the Magnuson Act), and other applicable 
law.
    (c) Each vessel participating in any exempted fishery recommended by 
the Council and allowed by NMFS is subject to all provisions of this 
subpart, except those portions which relate to the purpose and nature of 
the exempted fishery. These exceptions will be specified in a permit 
issued by the Regional Director to each vessel participating in the 
exempted fishery and that permit must be carried aboard each 
participating vessel.



Sec. 660.407  Treaty Indian fishing.

    Except as otherwise provided in this subpart, treaty Indian fishing 
in any part of the fishery management area is subject to the provisions 
of this subpart, the Magnuson Act, and any other regulations issued 
under the Magnuson Act.



Sec. 660.408  Annual actions.

    (a) General. NMFS will annually establish or, as necessary, adjust 
management specifications for the commercial, recreational, and treaty 
Indian fisheries by publishing the action in the Federal Register under 
Sec. 660.411. Management specifications are set forth in paragraphs (b) 
through (n) of this section.
    (b) Allowable ocean harvest levels. The allowable ocean harvest for 
commercial, recreational, and treaty Indian fishing may be expressed in 
terms of season regulations expected to achieve a certain optimum 
harvest level or in terms of a particular number of fish. Procedures for 
determining allowable ocean harvest vary by species and fishery 
complexity, and are documented in the fishery management plan and 
Council documents.
    (c) Allocation of ocean harvest levels--(1) Coho and chinook from 
the U.S.-Canada border to Cape Falcon--(i) Overall allocation schedule. 
Initial allocation of coho and chinook salmon north of Cape Falcon, OR, 
will be based on the following schedule:

------------------------------------------------------------------------
                                                      Percentage 1      
 Allowable non-treaty ocean harvest (thousands -------------------------
                   of fish)                     Commercial  Recreational
------------------------------------------------------------------------
Coho:                                                                   
  0-300.......................................         25           75  
  >300........................................         60           40  
Chinook:                                                                
  0-100.......................................         50           50  
  >100-150....................................         60           40  
  >150........................................         70          30   
------------------------------------------------------------------------
1 The percentage allocation is tiered and must be calculated in additive
  steps when the harvest level exceeds the initial tier. For example,   
  for a total allowable ocean harvest of 150,000 chinook, the           
  recreational allocation would be equal to 50 percent of 100,000       
  chinook plus 40 percent of 50,000 chinook or 50,000 + 20,000 = 70,000 
  chinook.                                                              

    (ii) Deviations from allocation schedule. The initial allocation may 
be modified annually in accordance with paragraphs (c)(1)(iii) through 
(vii) of this section. These deviations from the allocation schedule 
provide flexibility to account for the dynamic nature of the fisheries 
and better achieve the allocation objectives and fishery allocation 
priorities in paragraphs (c)(1)(viii) and (ix) of this section. Total 
allowable ocean harvest will be maximized to the extent possible 
consistent with treaty obligations, state fishery needs, and spawning 
requirements. Every effort will be made to establish seasons and gear 
requirements that provide troll and recreational fleets a reasonable 
opportunity to catch the available harvest. These may include single-
species directed fisheries with landing restrictions for other species.
    (iii) Preseason trades. Preseason species trades (chinook and coho) 
may be made if they are based upon the recommendation of the commercial 
and recreational Salmon Advisory Subpanel representatives for the area 
north of Cape Falcon; simultaneously benefit both the commercial and 
recreational fisheries or benefit one fishery without harming the other; 
and are supported by a socio-economic analysis

[[Page 317]]

that compares the impacts of the recommendation to those of the standard 
allocation schedule to determine the allocation that best meets the 
allocation objectives. This analysis will be made available to the 
public during the preseason process for establishing annual management 
measures. Preseason trades will use an exchange ratio of four coho to 
one chinook as a desirable guideline.
    (iv) Commercial allocation. The commercial allowable ocean harvest 
of chinook and coho derived during the preseason allocation process may 
be varied by major subareas (i.e., north of Leadbetter Point and south 
of Leadbetter Point) if there is need to do so to decrease impacts on 
weak stocks. Deviations in each major subarea will generally not exceed 
50 percent of the allowable ocean harvest of each species that would 
have been established without a geographic deviation in the distribution 
of the allowable ocean harvest. Deviation of more than 50 percent will 
be based on a conservation need to protect the weak stocks and will 
provide larger overall harvest for the entire fishery north of Cape 
Falcon than would have been possible without the deviation.
    (v) Recreational allocation. The recreational allowable ocean 
harvest of chinook and coho derived during the preseason allocation 
process will be distributed among the three major recreational subareas 
as described in the coho and chinook distribution sections below. 
Additionally, based upon the recommendation of the recreational Salmon 
Advisory Subpanel representatives for the area north of Cape Falcon, the 
Council will include criteria in its preseason salmon management 
recommendations to guide any inseason transfer of coho among the 
recreational subareas to meet recreational season duration objectives. 
The Council may also establish additional subarea quotas with a major 
subarea to meet recreational season objectives based on agreement of 
representatives of the affected ports.
    (A) Coho distribution. The preseason recreational allowable ocean 
harvest of coho north of Cape Falcon will be distributed to provide 50 
percent to the area north of Leadbetter Point and 50 percent to the area 
south of Leadbetter Point. In years with no fishery in Washington State 
management area 4B, the distribution of coho north of Leadbetter Point 
will be divided to provide 74 percent to the subarea between Leadbetter 
Point and the Queets River (Westport) and 26 percent to the subarea 
north of the Queets River (Neah Bay/La Push). In years when there is an 
area 4B fishery under state management, 25 percent of the numerical 
value of that fishery shall be added to the recreational allowable ocean 
harvest north of Leadbetter Point prior to applying the sharing 
percentages. That same value would then be subtracted from the Neah Bay/
La Push share in order to maintain the same total distribution north of 
Leadbetter Point.
    (B) Chinook distribution. Subarea distributions of chinook will be 
managed as guidelines based on calculations of the Salmon Technical Team 
with the primary objective of achieving all-species fisheries without 
imposing chinook restrictions (i.e., area closures or bag limit 
reductions). Chinook in excess of all-species fisheries needs may be 
utilized by directed chinook fisheries north of Cape Falcon or by 
negotiating a preseason species trade of chinook and coho between 
commercial and recreational allocations in accordance with paragraph 
(c)(1)(iii) of this section.
    (vi) Inseason trades and transfers. Inseason transfers, including 
species trades of chinook and coho, may be permitted in either direction 
between commercial and recreational fishery quotas to allow for 
uncatchable fish in one fishery to be reallocated to the other. Fish 
will be deemed uncatchable by a respective commercial or recreational 
fishery only after considering all possible annual management actions to 
allow for their harvest that are consistent with the harvest management 
objectives specific in the fishery management plan including 
consideration of single species fisheries. Implementation of inseason 
transfers will require consultation with the pertinent commercial and 
recreational Salmon Advisory Subpanel representatives from the area 
involved and the Salmon

[[Page 318]]

Technical Team, and a clear establishment of available fish and impacts 
from the transfer. Inseason trades or transfers may vary from the 
guideline ratio of four coho to one chinook to meet the allocation 
objectives in paragraph (c)(1)(viii) of this section.
    (vii) Other inseason provisions. Any increase or decrease in the 
recreational or commercial allowable ocean harvest resulting from an 
inseason restructuring of a fishery or other inseason management action 
does not require reallocation of the overall non-treaty allowable ocean 
harvest north of Cape Falcon between the recreational and commercial 
fisheries. Inseason redistribution of subarea quotas within the 
recreational fishery or the distribution of allowable coho catch 
transfers from the commercial fishery among subareas may deviate from 
the preseason distribution. Inseason management actions may be taken by 
the Regional Director to assure meeting the primary objective of 
achieving all-species fisheries without imposing chinook restrictions in 
each of the recreational subareas north of Cape Falcon. Such actions 
might include, but are not limited to: Closure from 0 to 3, 0 to 6, 3 to 
200, or 5 to 200 nm from shore; closure from a point extending due west 
from Tatoosh Island for 5 nm, then south to a point due west of Umatilla 
Reef Buoy, then due east to shore; closure from North Head at the 
Columbia River mouth north to Leadbetter Point; change in species that 
may be landed; or other actions as prescribed in the annual management 
measures.
    (viii) Allocation objectives. The goal of allocating ocean harvest 
north of Cape Falcon is to achieve, to the greatest degree possible, the 
following objectives for the commercial and recreational fisheries. When 
deviation from the allocation schedule is being considered, these 
objectives will serve as criteria to help determine whether a user group 
will benefit from the deviation.
    (A) Provide recreational opportunity by maximizing the duration of 
the fishing season while minimizing daily and area closures and 
restrictions on gear and daily limits.
    (B) Maximize the value of the commercial harvest while providing 
fisheries of reasonable duration.
    (ix) Fishery allocation priorities. The following fishery allocation 
priorities will provide guidance in the preseason process of 
establishing final harvest allocations and structuring seasons that best 
achieve the allocation objectives. To the extent fish are provided to 
each fishery by the allocation schedule, these priorities do not favor 
one user group over the other and should be met simultaneously for each 
fishery. Seasons may be structured that deviate from these priorities 
consistent with the allocation objectives.
    (A) At total allowable harvest levels up to 300,000 coho and 100,000 
chinook: For the recreational fishery, provide coho for a late June 
through early September all-species season; provide chinook to allow 
access to coho and, if possible, a minimal chinook-only fishery prior to 
the all-species season; and adjust days per week and/or institute area 
restrictions to stabilize season duration. For the commercial fishery, 
provide chinook for a May and early June chinook season and provide coho 
for hooking mortality and/or access to a pink fishery, and ensure that 
part of the chinook season will occur after June 1.
    (B) At total allowable harvest levels above 300,000 coho and above 
100,000 chinook: For the recreational fishery, relax any restrictions in 
the all-species fishery and/or extend the all-species season beyond 
Labor Day as coho quota allows; provide chinook for a Memorial Day 
through late June chinook-only fishery; and adjust days per week to 
ensure continuity with the all-species season. For the commercial 
fishery, provide coho for an all-species season in late summer and/or 
access to a pink fishery; and leave adequate chinook from the May 
through June season to allow access to coho.
    (2) Coho south of Cape Falcon--(i) Allocation schedule. Preseason 
allocation shares of coho salmon south of Cape Falcon, OR, will be 
determined by an allocation schedule, which is based on the following 
formula. The formula will be used to interpolate between allowable 
harvest levels as shown in the table below.

[[Page 319]]

    (A) Up to 350,000 allowable ocean harvest: The first 150,000 fish 
will be allocated to the recreational fishery. Additional fish will be 
allocated 66.7 percent to troll and 33.3 percent to recreational. The 
incidental coho mortality for a commercial all-salmon-except-coho 
fishery will be deducted from the troll allocation. If the troll 
allocation is insufficient for this purpose, the remaining number of 
coho needed for this estimated incidental coho mortality will be 
deducted from the recreational share.
    (B) From 350,000 to 800,000 allowable ocean harvest: The 
recreational allocation is equal to 14 percent of the allowable harvest 
above 350,000 fish, plus 217,000 fish. The remainder of the allowable 
ocean harvest will be allocated to the troll fishery.
    (C) Above 800,000 allowable ocean harvest: The recreational 
allocation is equal to 10 percent of the allowable harvest above 800,000 
fish, plus 280,000 fish. The remainder of the allowable ocean harvest 
will be allocated to the troll fishery.

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

    (ii) Geographic distribution. Allowable harvest south of Cape Falcon 
may be divided and portions assigned to subareas based on considerations 
including, but not limited to, controlling ocean harvest impacts on 
depressed, viable natural stocks within acceptable maximum allowable 
levels; stock abundance; allocation considerations; stock specific 
impacts; relative abundance of the salmon species in the fishery; 
escapement goals; and maximizing harvest potential.
    (iii) Recreational allocation at 167,000 fish or less. When the 
recreational allocation is at 167,000 fish or less, the total 
recreational allowable ocean harvest of coho will be divided between two 
major subareas with independent impact quotas. The initial allocation 
will be 70 percent from Cape Falcon to Humbug Mountain and 30 percent 
south of Humbug Mountain. Coho transfers between the two impact quotas 
may be permitted on a one-for-one basis, if chinook constraints preclude 
access to coho. Horse Mountain to Point Arena will be managed for an 
impact guideline of 3 percent of the south of Cape Falcon recreational 
allocation. The recreational coho fishery between Humbug Mountain and 
Point Arena may be closed when it is projected that the harvest impact 
between Humbug Mountain and Point Arena, combined with the projected 
harvest impact that will be taken south of Point Arena to the end of the 
season, equals the impact quota for south of Humbug Mountain. The 
recreational fishery for coho salmon south of Point Arena will not close 
upon attainment of the south of Humbug Mountain impact quota.
    (iv) Oregon coastal natural coho. At Oregon coastal natural coho 
spawning escapements of 28 or fewer adults per

[[Page 320]]

mile, the allocation provisions of paragraph (c)(2)(i) of this section 
do not apply. Fisheries will be established that will provide only the 
minimum incidental harvest of Oregon coastal natural coho necessary to 
prosecute other fisheries, and that under no circumstances will cause 
irreparable harm to the Oregon coastal natural coho stock.
    (v) Inseason reallocation. No later than August 15 each year, the 
Salmon Technical Team will estimate the number of coho salmon needed to 
complete the recreational seasons. Any coho salmon allocated to the 
recreational fishery that are not needed to complete the recreational 
seasons will be reallocated to the commercial fishery. Once reallocation 
has taken place, the remaining recreational quota will change to a 
harvest guideline. If the harvest guideline for the recreational fishery 
is projected to be reached on or before Labor Day, the Regional Director 
may allow the recreational fishery to continue through the Labor Day 
weekend only if there is no significant danger of impacting the 
allocation of another fishery or of failing to meet an escapement goal.
    (d) Management boundaries and zones. Management boundaries and zones 
will be established or adjusted to achieve a conservation purpose. A 
conservation purpose protects a fish stock, simplifies management of a 
fishery, or promotes wise use of fishery resources by, for example, 
separating fish stocks, facilitating enforcement, separating conflicting 
fishing activities, or facilitating harvest opportunities. Management 
boundaries and zones will be described by geographical references, 
coordinates (latitude and longitude), LORAN readings, depth contours, 
distance from shore, or similar criteria.
    (e) Minimum harvest lengths. The minimum harvest lengths for 
commercial, recreational, and treaty Indian fishing may be changed upon 
demonstration that a useful purpose will be served. For example, an 
increase in minimum size for commercially caught salmon may be necessary 
for conservation or may provide a greater poundage and monetary yield 
from the fishery while not substantially increasing hooking mortality. 
The removal of a minimum size for the recreational fishery may prevent 
wastage of fish and outweigh the detrimental impacts of harvesting 
immature fish.
    (f) Recreational daily bag limits. Recreational daily bag limits for 
each fishing area will be set equal to one, two, or three salmon of some 
combination of species. The recreational daily bag limits for each 
fishing area will be set to maximize the length of the fishing season 
consistent with the allowable level of harvest in the area.
    (g) Fishing gear restrictions. Gear restrictions for commercial, 
recreational, and treaty Indian fishing may be established or modified 
upon demonstration that a useful purpose will be served. For example, 
gear restrictions may be imposed or modified to facilitate enforcement, 
reduce hooking mortality, or reduce gear expenses for fishermen.
    (h) Seasons--(1) In general. Seasons for commercial and recreational 
fishing will be established or modified taking into account allowable 
ocean harvest levels and quotas, allocations between the commercial and 
recreational fisheries, and the estimated amount of effort required to 
catch the available fish based on past seasons.
    (2) Commercial seasons. Commercial seasons will be established or 
modified taking into account wastage of fish that cannot legally be 
retained, size and poundage of fish caught, effort shifts between 
fishing areas, and protection of depressed stocks present in the fishing 
areas. All-species seasons will be established to allow the maximum 
allowable harvest of pink and sockeye salmon without exceeding allowable 
chinook or coho harvest levels and within conservation and allocation 
constraints of the pink and sockeye stocks.
    (3) Recreational seasons. If feasible, recreational seasons will be 
established or modified to encompass Memorial Day and Labor Day 
weekends, and to avoid the need for inseason closures.
    (i) Quotas (by species, including fish caught 0-3 nm seaward of 
Washington, Oregon, and California). Quotas for commercial, 
recreational, and treaty Indian fishing may be established or modified 
to ensure that allowable ocean harvests are not exceeded.

[[Page 321]]

Quotas may be fixed or adjustable and used in conjunction with seasons. 
Any quota established does not represent a guaranteed ocean harvest, but 
a maximum ceiling on catch.
    (j) Selective fisheries. In addition to the all-species seasons and 
the all-species-except-coho seasons established for the commercial and 
recreational fisheries, selective coho-only, chinook-only, or pink-only 
fisheries may be established if harvestable fish of the target species 
are available; harvest of incidental species will not exceed allowable 
levels; proven, documented selective gear exists; significant wastage of 
incidental species will not occur; and the selective fishery will occur 
in an acceptable time and area where wastage can be minimized and target 
stocks are primarily available.
    (k) Treaty Indian fishing. (1) NMFS will establish or modify treaty 
Indian fishing seasons and/or fixed or adjustable quotas, size limits, 
gear restrictions, and/or area restrictions taking into account 
recommendations of the Council, proposals from affected tribes, and 
relevant Federal court proceedings.
    (2) The combined treaty Indian fishing seasons will not be longer 
than necessary to harvest the allowable treaty Indian catch, which is 
the total treaty harvest that would occur if the tribes chose to take 
their total entitlement of the weakest stock in the fishery management 
area, assuming this level of harvest did not create conservation or 
allocation problems on other stocks.
    (3) Any fixed or adjustable quotas established will be consistent 
with established treaty rights and will not exceed the harvest that 
would occur if the entire treaty entitlement to the weakest run were 
taken by treaty Indian fisheries in the fishery management area.
    (4) If adjustable quotas are established for treaty Indian fishing, 
they may be subject to inseason adjustment because of unanticipated coho 
hooking mortality occurring during the season, catches in treaty Indian 
fisheries inconsistent with those unanticipated under Federal 
regulations, or a need to redistribute quotas to ensure attainment of an 
overall quota.
    (l) Yurok and Hoopa Valley tribal fishing rights. For purposes of 
section 303 of the Magnuson Act, the federally reserved fishing rights 
of the Yurok and Hoopa Valley Indian Tribes as set out in a legal 
opinion 2 dated October 4, 1993, by the Office of the Solicitor, 
Department of the Interior, are applicable law. Under section 303 of the 
Magnuson Act, allowable ocean harvest must be consistent with all 
applicable laws.
---------------------------------------------------------------------------

    \2\ Copies of the Solicitor's Opinion are available from the 
Director, Southwest Region, NMFS.
---------------------------------------------------------------------------

    (m) Inseason notice procedures. Telephone hotlines and USCG 
broadcasts will provide actual notice of inseason actions for 
commercial, recreational, and treaty Indian fishing.
    (n) Reporting requirements. Reporting requirements for commercial 
fishing may be imposed to ensure timely and accurate assessment of 
catches in regulatory areas subject to quota management. Such reports 
are subject to the limitations described herein. Persons engaged in 
commercial fishing in a regulatory area subject to quota management and 
landing their catch in another regulatory area open to fishing may be 
required to transmit a brief radio report prior to leaving the first 
regulatory area. The regulatory areas subject to these reporting 
requirements, the contents of the radio reports, and the entities 
receiving the reports will be specified annually.

    Effective Date Note: At 61 FR 34601, July 2, 1996, Sec. 660.408 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 660.409  Inseason actions.

    (a) Fixed inseason management provisions. NMFS is authorized to take 
the following inseason management actions annually, as appropriate.
    (1) Automatic season closures based on quotas. When a quota for the 
commercial or the recreational fishery, or both, for any salmon species 
in any portion of the fishery management area is projected by the 
Regional Director to be reached on or by a certain date, NMFS will, by 
an inseason action issued under Sec. 660.411, close the commercial or 
recreational fishery, or

[[Page 322]]

both, for all salmon species in the portion of the fishery management 
area to which the quota applies as of the date the quota is projected to 
be reached.
    (2) Rescission of automatic closure. If a fishery is closed under a 
quota before the end of a scheduled season based on overestimate of 
actual catch, NMFS will reopen that fishery in as timely a manner as 
possible for all or part of the remaining original season provided NMFS 
finds that a reopening of the fishery is consistent with the management 
objectives for the affected species and the additional open period is no 
less than 24 hours. The season will be reopened by an inseason action 
issued under Sec. 660.411.
    (3) Adjustment for error in preseason estimates. NMFS may, by an 
inseason action issued under Sec. 660.411, make appropriate changes in 
relevant seasons or quotas if a significant computational error or 
errors made in calculating preseason estimates of salmon abundance are 
identified, provided that such correction can be made in a timely manner 
to affect the involved fishery without disrupting the capacity to meet 
the objectives of the fishery management plan.
    (b) Flexible inseason management provisions. (1) The Regional 
Director will consult with the Chairman of the Council and the 
appropriate State Directors prior to taking any of the following 
flexible inseason management provisions, which include, but are not 
limited to, the following:
    (i) Modification of quotas and/or fishing seasons.
    (ii) Modification of the species that may be caught and landed 
during specific seasons and the establishment or modification of limited 
retention regulations.
    (iii) Modification of recreational bag limits and recreational 
fishing days per calendar week.
    (iv) Establishment or modification of gear restrictions.
    (v) Modification of boundaries, including landing boundaries, and 
establishment of closed areas.
    (2) Fishery managers must determine that any inseason adjustment in 
management measures is consistent with fishery regimes established by 
the U.S.-Canada Pacific Salmon Commission, ocean escapement goals, 
conservation of the salmon resource, any adjudicated Indian fishing 
rights, and the ocean allocation scheme in the fishery management plan. 
All inseason adjustments will be based on consideration of the following 
factors:
    (i) Predicted sizes of salmon runs.
    (ii) Harvest quotas and hooking mortality limits for the area and 
total allowable impact limitations, if applicable.
    (iii) Amount of commercial, recreational, and treaty Indian catch 
for each species in the area to date.
    (iv) Amount of commercial, recreational, and treaty Indian fishing 
effort in the area to date.
    (v) Estimated average daily catch per fisherman.
    (vi) Predicted fishing effort for the area to the end of the 
scheduled season.
    (vii) Other factors, as appropriate.



Sec. 660.410  Escapement goals.

    (a) Current escapement goals. The following specific escapement 
goals are in effect. Annual management objectives for Washington coastal 
fall, spring, and summer chinook; Puget Sound chinook; Washington 
coastal coho; and Puget Sound coho are developed through fixed 
procedures established in the U.S. District Court.

Summary of Specific Management Goals for Stocks in the Salmon Management
                                  Unit                                  
------------------------------------------------------------------------
                 System                     Spawning 1 escapement goal  
------------------------------------------------------------------------
Sacramento River Fall Chinook 2........  122,000 to 180,000 for natural 
                                          and hatchery                  
Klamath River Fall Chinook.............  Between 33 and 34 percent of   
                                          the potential adult natural   
                                          spawners, but no fewer than   
                                          35,000 naturally spawning     
                                          adults in any one year.3 The  
                                          brood escapement rate will    
                                          average 33 to 34 percent over 
                                          the long term. The escapement 
                                          rate for each brood may vary  
                                          from the 33 to 34 percent in  
                                          order to achieve the required 
                                          tribal/non-tribal annual      
                                          allocation.                   
Oregon Coastal Chinook.................  150,000 to 200,000 natural     

[[Page 323]]

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

    (b) Modification of escapement goals. NMFS is authorized, through an 
action issued under Sec. 660.411, to modify an escapement goal if--
    (1) A comprehensive technical review of the best scientific 
information available provides conclusive evidence that, in the view of 
the Council and the Salmon Technical Team, justifies modification of an 
escapement goal;
    (2) For Oregon coastal chinook, specific goals are developed within 
the overall goal for north coast and south coast stocks; or
    (3) Action by a Federal court indicates that modification of an 
escapement goal is appropriate.



Sec. 660.411  Notification and publication procedures.

    (a) Notification and effective dates. (1) Annual and certain other 
actions taken under Secs. 660.408 and 660.410 will be implemented by an 
action published in the Federal Register, and will be effective upon 
filing, unless a later time is specified in the action.
    (2) Inseason actions taken under Sec. 660.409 will be by actual 
notice available from telephone hotlines and USCG broadcasts, as 
specified annually. Inseason actions will also be published in the 
Federal Register as soon as practicable. Inseason actions will be 
effective from the time specified in the actual notice of the action 
(telephone hotlines and USCG broadcasts), or at the time the inseason 
action published in the Federal Register is effective, whichever comes 
first.
    (3) Any action issued under this section will remain in effect until 
the expiration date stated in the action or until rescinded, modified, 
or superseded. However, no inseason action has any effect beyond the end 
of the calendar year in which it is issued.
    (b) Public comment. If time allows, NMFS will invite public comment 
prior to the effective date of any action published in the Federal 
Register. If NMFS determines, for good cause, that an action must be 
filed without affording a prior opportunity for public comment, public 
comments on the action will be received by NMFS for a period of 15 days 
after filing of the action with the Office of the Federal Register.
    (c) Availability of data. The Regional Director will compile in 
aggregate form all data and other information relevant to the action 
being taken and will make them available for public review during normal 
office hours at the Northwest Region, NMFS. For actions affecting 
fisheries occurring primarily or exclusively in the fishery management 
area seaward of California, information relevant to the action also will 
be made available for public review during normal office hours at the 
Southwest Region, NMFS.

[[Page 324]]



                          Table 1 to Part 660.--Quotas for Precious Corals Permit Areas                         
----------------------------------------------------------------------------------------------------------------
                                                                                         Number of       Gear   
          Name of coral bed                  Type of bed            Harvest quota          years     restriction
----------------------------------------------------------------------------------------------------------------
Makapuu..............................  E                       P--2,000 kg............            2            S
                                       ......................  G--600 kg..............            2            S
                                       ......................  B--600 kg..............            2            S
Ke-ahole Point.......................  C                       P--67 kg...............            1            S
                                       ......................  G--20 kg...............            1            S
                                       ......................  B--17 kg...............            1            S
Kaena Point..........................  C                       P--67 kg...............            1            S
                                       ......................  G--20 kg...............            1            S
                                       ......................  B--17 kg...............            1            S
Brooks Bank..........................  C                       P--17 kg...............            1            N
                                       ......................  G--133 kg..............            1            N
                                       ......................  B--111 kg..............            1            N
180 Fathom Bank......................  C                       P--222 kg..............            1            N
                                       ......................  G--67 kg...............            1            N
                                       ......................  B--56 kg...............            1            N
Westpac Bed..........................  R                       Zero (0 kg)............  ...........  ...........
Hawaii, American Samoa, Guam, U.S.                             X--1,000 kg (all                   1            N
 Pacific Island possessions.                                    species combined                                
                                                                except black corals)                            
                                                                per area.                                       
----------------------------------------------------------------------------------------------------------------
Notes:                                                                                                          
1. Types of corals: P=Pink G=Gold B=Bamboo.                                                                     
2. There are no restrictions under this part on the harvest of black corals, except the data submission         
  requirements (Sec.  660.3). State regulations on black coral harvesting are not superseded by this part.      
3. Only \1/5\ of the indicated amount is allowed if nonselective gear is used; that is, the nonselective harvest
  will be multiplied by 5 and counted against the quota. If both selective and nonselective methods are used,   
  the bed will be closed when S+5N=Q, where S=selective harvest amount, N=nonselective harvest amount and       
  Q=total harvest quota, for any single species on that bed.                                                    
4. Only selective gear may be used in the EEZ seaward of the main Hawaiian Islands; i.e., south and east of a   
  line midway between Nihoa and Niihau Islands. Nonselective gear or selective gear may be used in all other    
  portions of exploratory areas.                                                                                
5. S=Selective gear only; N=Nonselective or selective gear.                                                     
6. No authorized fishing for coral in refugia.                                                                  


 Table 2 to Part 600.--Vessel Capacity Ratings for West Coast Groundfish
                          Limited Entry Permits                         
------------------------------------------------------------------------
                                                                Capacity
                        Vessel length                            rating 
------------------------------------------------------------------------
<20..........................................................       1.00
 21..........................................................       1.13
 22..........................................................       1.27
 23..........................................................       1.42
 24..........................................................       1.58
 25..........................................................       1.75
 26..........................................................       1.93
 27..........................................................       2.12
 28..........................................................       2.32
 29..........................................................       2.53
 30..........................................................       2.76
 31..........................................................       2.99
 32..........................................................       3.24
 33..........................................................       3.50
 34..........................................................       3.77
 35..........................................................       4.05
 36..........................................................       4.35
 37..........................................................       4.66
 38..........................................................       4.98
 39..........................................................       5.31
 40..........................................................       5.66
 41..........................................................       6.02
 42..........................................................       6.39
 43..........................................................       6.78
 44..........................................................       7.18
 45..........................................................       7.59
 46..........................................................       8.02
 47..........................................................       8.47
 48..........................................................       8.92
 49..........................................................       9.40
 50..........................................................       9.88
 51..........................................................      10.38
 52..........................................................      10.90
 53..........................................................      11.43
 54..........................................................      11.98
 55..........................................................      12.54
 56..........................................................      13.12
 57..........................................................      13.71
 58..........................................................      14.32
 59..........................................................      14.95
 60..........................................................      15.59
 61..........................................................      16.25
 62..........................................................      16.92
 63..........................................................      17.61
 64..........................................................      18.32
 65..........................................................      19.04
 66..........................................................      19.78
 67..........................................................      20.54
 68..........................................................      21.32
 69..........................................................      22.11
 70..........................................................      22.92
 71..........................................................      23.74
 72..........................................................      24.59
 73..........................................................      25.45
 74..........................................................      26.33
 75..........................................................      27.23
 76..........................................................      28.15
 77..........................................................      29.08
 78..........................................................      30.04
 79..........................................................      31.01
 80..........................................................      32.00
 81..........................................................      33.01
 82..........................................................      34.04
 83..........................................................      35.08

[[Page 325]]

                                                                        
 84..........................................................      36.15
 85..........................................................      37.24
 86..........................................................      38.34
 87..........................................................      39.47
 88..........................................................      40.61
 89..........................................................      41.77
 90..........................................................      42.96
 91..........................................................      44.16
 92..........................................................      45.38
 93..........................................................      46.63
 94..........................................................      47.89
 95..........................................................      49.17
 96..........................................................      50.48
 97..........................................................      51.80
 98..........................................................      53.15
 99..........................................................      54.51
100..........................................................      55.90
101..........................................................      57.31
102..........................................................      58.74
103..........................................................      60.19
104..........................................................      61.66
105..........................................................      63.15
106..........................................................      64.67
107..........................................................      66.20
108..........................................................      67.76
109..........................................................      69.34
110..........................................................      70.94
111..........................................................      72.57
112..........................................................      74.21
113..........................................................      75.88
114..........................................................      77.57
115..........................................................      79.28
116..........................................................      81.02
117..........................................................      82.77
118..........................................................      84.55
119..........................................................      86.36
120..........................................................      88.18
121..........................................................      90.03
122..........................................................      91.90
123..........................................................      93.80
124..........................................................      95.72
125..........................................................      97.66
126..........................................................      99.62
127..........................................................     101.61
128..........................................................     103.62
129..........................................................     105.66
130..........................................................     107.72
131..........................................................     109.80
132..........................................................     111.91
133..........................................................     114.04
134..........................................................     116.20
135..........................................................     118.38
136..........................................................     120.58
137..........................................................     122.81
138..........................................................     125.06
139..........................................................     127.34
140..........................................................     129.64
141..........................................................     131.97
142..........................................................     134.32
143..........................................................     136.70
144..........................................................     139.10
145..........................................................     141.53
146..........................................................     143.98
147..........................................................     146.46
148..........................................................     148.96
149..........................................................     151.49
150..........................................................     154.05
151..........................................................     154.68
152..........................................................     155.31
153..........................................................     155.94
154..........................................................     156.57
155..........................................................     157.20
156..........................................................     157.83
157..........................................................     158.46
158..........................................................     159.10
159..........................................................     159.73
160..........................................................     160.36
161..........................................................     160.99
162..........................................................     161.62
163..........................................................     162.25
164..........................................................     162.88
165..........................................................     163.51
166..........................................................     164.14
167..........................................................     164.77
168..........................................................     165.41
169..........................................................     166.04
170..........................................................     166.67
171..........................................................     167.30
172..........................................................     167.93
173..........................................................     168.56
174..........................................................     169.19
175..........................................................     169.82
176..........................................................     170.45
177..........................................................     171.08
178..........................................................     171.72
179..........................................................     172.35
180..........................................................     172.98
181..........................................................     173.61
182..........................................................     174.24
183..........................................................     174.87
184..........................................................     175.50
185..........................................................     176.13
186..........................................................     176.76
187..........................................................     177.40
188..........................................................     178.03
189..........................................................     178.66
190..........................................................     179.29
191..........................................................     179.92
192..........................................................     180.55
193..........................................................     181.18
194..........................................................     181.81
195..........................................................     182.44
196..........................................................     183.07
197..........................................................     183.71
198..........................................................     184.34
199..........................................................     184.97
200..........................................................     185.60
201..........................................................     186.23
202..........................................................     186.86
203..........................................................     187.49
204..........................................................     188.12
205..........................................................     188.75
206..........................................................     189.38
207..........................................................     190.02
208..........................................................     190.65
209..........................................................     191.28
210..........................................................     191.91
211..........................................................     192.54
212..........................................................     193.17
213..........................................................     193.80
214..........................................................     194.43
215..........................................................     195.06
216..........................................................     195.69
217..........................................................     196.33
218..........................................................     196.96
219..........................................................     197.59
220..........................................................     198.22
221..........................................................     198.85

[[Page 326]]

                                                                        
222..........................................................     199.48
223..........................................................     200.11
224..........................................................     200.74
225..........................................................     201.37
226..........................................................     202.01
227..........................................................     202.64
228..........................................................     203.27
229..........................................................     203.90
230..........................................................     204.53
231..........................................................     205.16
232..........................................................     205.79
233..........................................................     206.42
234..........................................................     207.05
235..........................................................     207.68
236..........................................................     208.32
237..........................................................     208.95
238..........................................................     209.58
239..........................................................     210.21
240..........................................................     210.84
241..........................................................     211.47
242..........................................................     212.10
243..........................................................     212.73
244..........................................................     213.36
245..........................................................     213.99
246..........................................................     214.63
247..........................................................     215.26
248..........................................................     215.89
249..........................................................     216.52
250..........................................................     217.15
251..........................................................     217.78
252..........................................................     218.41
253..........................................................     219.04
254..........................................................     219.67
255..........................................................     220.30
256..........................................................     220.94
257..........................................................     221.57
258..........................................................     222.20
259..........................................................     222.83
260..........................................................     223.46
261..........................................................     224.09
262..........................................................     224.72
263..........................................................     225.35
264..........................................................     225.98
265..........................................................     226.61
266..........................................................     227.25
267..........................................................     227.88
268..........................................................     228.51
269..........................................................     229.14
270..........................................................     229.77
271..........................................................     230.40
272..........................................................     231.03
273..........................................................     231.66
274..........................................................     232.29
275..........................................................     232.93
276..........................................................     233.56
277..........................................................     234.19
278..........................................................     234.82
279..........................................................     235.45
280..........................................................     236.08
281..........................................................     236.71
282..........................................................     237.34
283..........................................................     237.97
284..........................................................     238.60
285..........................................................     239.24
286..........................................................     239.87
287..........................................................     240.50
288..........................................................     241.13
289..........................................................     241.76
290..........................................................     242.39
291..........................................................     243.02
292..........................................................     243.65
293..........................................................     244.28
294..........................................................     244.91
295..........................................................     245.55
296..........................................................     246.18
297..........................................................     246.81
298..........................................................     247.44
299..........................................................     248.07
300..........................................................     248.70
301..........................................................     249.33
302..........................................................     249.96
303..........................................................     250.59
304..........................................................     251.22
305..........................................................     251.86
306..........................................................     252.49
307..........................................................     253.12
308..........................................................     253.75
309..........................................................     254.38
310..........................................................     255.01
311..........................................................     255.64
312..........................................................     256.27
313..........................................................     256.90
314..........................................................     257.54
315..........................................................     258.17
316..........................................................     258.80
317..........................................................     259.43
318..........................................................     260.06
319..........................................................     260.69
320..........................................................     261.32
321..........................................................     261.95
322..........................................................     262.58
323..........................................................     263.21
324..........................................................     263.85
325..........................................................     264.48
326..........................................................     265.11
327..........................................................     265.74
328..........................................................     266.37
329..........................................................     267.00
330..........................................................     267.63
331..........................................................     268.26
332..........................................................     268.89
333..........................................................     269.52
334..........................................................     270.16
335..........................................................     270.79
336..........................................................     271.42
337..........................................................     272.05
338..........................................................     272.68
339..........................................................     273.31
340..........................................................     273.94
341..........................................................     274.57
342..........................................................     275.20
343..........................................................     275.83
344..........................................................     276.47
345..........................................................     277.10
346..........................................................     277.73
347..........................................................     278.36
348..........................................................     278.99
349..........................................................     279.62
350..........................................................     280.25
351..........................................................     280.88
352..........................................................     281.51
353..........................................................     282.14
354..........................................................     282.78
355..........................................................     283.41
356..........................................................     284.04
357..........................................................     284.67
358..........................................................     285.30
359..........................................................     285.93

[[Page 327]]

                                                                        
360..........................................................     286.56
361..........................................................     287.19
362..........................................................     287.82
363..........................................................     288.46
364..........................................................     289.09
365..........................................................     289.72
366..........................................................     290.35
367..........................................................     290.98
368..........................................................     291.61
369..........................................................     292.24
370..........................................................     292.87
371..........................................................     293.50
372..........................................................     294.13
373..........................................................     294.77
374..........................................................     295.40
375..........................................................     296.03
376..........................................................     296.66
377..........................................................     297.29
378..........................................................     297.92
379..........................................................     298.55
380..........................................................     299.18
381..........................................................     299.81
382..........................................................     300.44
383..........................................................     301.08
384..........................................................     301.71
385..........................................................     302.34
386..........................................................     302.97
387..........................................................     303.60
388..........................................................     304.23
389..........................................................     304.86
390..........................................................     305.49
391..........................................................     306.12
392..........................................................     306.75
393..........................................................     307.39
394..........................................................     308.02
395..........................................................     308.65
396..........................................................     309.28
397..........................................................     309.91
398..........................................................     310.54
399..........................................................     311.17
>400.........................................................     311.80
------------------------------------------------------------------------


[[Page 328]]

            Figure 1 to Part 660--Carapace Length of Lobsters
[GRAPHIC] [TIFF OMITTED] TR02JY96.035


[[Page 329]]


             Figure 2 to Part 660--Length of Longline Vessel
[GRAPHIC] [TIFF OMITTED] TR02JY96.036


[[Page 330]]


        Figure 3 to Part 660--Dressed, Head-off Length of Salmon
[GRAPHIC] [TIFF OMITTED] TR02JY96.037



[[Page 331]]





PART 662--NORTHERN ANCHOVY FISHERY--Table of Contents




                           Subpart A--General

Sec.
662.1  Purpose and scope.
662.2  Definitions.
662.3  Relation to other laws.
662.4  Recordkeeping and reporting.
662.5  Vessel identification.
662.6  Prohibitions.
662.7  Facilitation of enforcement.
662.8  Penalties.

                     Subpart B--Management Measures

662.20  Harvest quota.
662.21  Closures.
662.22  Fishing seasons.
662.23  Closed areas.
662.24  Gear limitations.

    Authority: 16 U.S.C. 1801 et seq.

    Source: 49 FR 9572, Mar. 14, 1984, unless otherwise noted.



                           Subpart A--General



Sec. 662.1  Purpose and scope.

    This part governs fishing for northern anchovy by vessels of the 
United States in the Pacific anchovy fishery area (PAFA). These 
regulations implement the Northern Anchovy Fishery Management Plan (FMP) 
developed by the Pacific Fishery Management Council under the Magnuson 
Fishery Conservation and Management Act (Magnuson Act) as amended.



Sec. 662.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following 
meanings:
    Anchovy means fish of the species Engraulis mordax, or parts or 
products thereof.
    Council means the Pacific Fishery Management Council, 526 S.W. Mill 
Street, Portland, OR 97201.
    Fishing year means a 12-month period beginning August 1 and 
extending through July 31 of the following year.
    Live bait fishery means fishing for northern anchovies for use as 
live bait in other fisheries.
    Nonreduction fishery means fishing for northern anchovies for use as 
dead bait or providing fish for human consumption.
    Northern anchovy means fish of the species Engraulis mordax, or 
parts or products thereof.
    PAFA means the Pacific anchovy fishery area which is the EEZ seaward 
of California, and between 38 deg. N. latitude (Point Reyes) and the 
United States-Mexico International Boundary which is a line connecting 
the following coordinates:

32 deg.35'22'' N. latitude, 117 deg.27'49'' W. longitude
32 deg.37'37'' N. latitude, 117 deg.49'31'' W. longitude
31 deg.07'58'' N. latitude, 118 deg.36'18'' W. longitude
30 deg.32'31'' N. latitude, 121 deg.51'58'' W. longitude

    Reduction fishery means fishing for northern anchovies for the 
purposes of conversion into fish flour, fish meal, fish scrap, 
fertilizer, fish oil, or other fishery products or byproducts for 
purposes other than direct human consumption.
    Reduction harvest quota means the amount of anchovies, by weight, 
which may be harvested during a fishing year for reduction purposes.
    Regional Director means the Director, Southwest Region, National 
Marine Fisheries Service, 501 W. Ocean Boulevard, Suite 4200, Long 
Beach, CA 90802-4213, or a designee.
    Spawning biomass means the estimated amount, by weight, of all 
sexually mature northern anchovies in the central subpopulation (defined 
as) from 38 deg. N. latitude (Point Reyes) south to approximately 
30 deg. N. latitude at Punta Baja, Baja California.
    Special allocations means that part of the total harvest quota 
reserved for nonreduction fishing, reduction fishing in subarea A, and 
any conservation purpose.
    Subarea A means the northern portion of the PAFA between 38 deg. N. 
latitude (Point Reyes), and a southern limit at 35 deg.14' N. latitude 
(Point Buchon).
    Subarea B means the southern portion of the PAFA between 35 deg.14' 
N. latitude (Point Buchon), and the United States-Mexico International 
Boundary described in this section.
    Subarea B harvest quota means the amount of anchovies, by weight, 
which may be harvested during a fishing year for reduction purposes in 
Subarea B.
    Total harvest quota means the total amount of anchovies, by weight, 
which may be harvested during a fishing year

[[Page 332]]

by the reduction and nonreduction fisheries.

[49 FR 9572, Mar. 14, 1984, as amended at 53 FR 24655, 24660, June 29, 
1988; 59 FR 18978, Apr. 21, 1994]



Sec. 662.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter.
    (b) Any State law which pertains to vessels registered under the 
laws of that State while fishing in the EEZ and which is consistent with 
the Federal regulations will continue to have force and effect on 
fishing activities addressed in this part.
    (c) If a vessel has filed with the State of California a declaration 
of intent to take anchovies for reduction purposes, it will be 
conclusively presumed that any fishing for anchovies by that vessel is 
for reduction purposes unless an exemption to the declaration has been 
filed with the State of California.

[53 FR 24658, June 29, 1988]



Sec. 662.4  Recordkeeping and reporting.

    Data regarding fishing vessels, fishing activities, landings and 
processing activities required by the FMP for the reduction and 
nonreduction fisheries are collected by the State of California under 
existing data collection provisions. No additional reports will be 
required of fishermen or processors as long as the data collection and 
reporting systems operated by the State of California continue to 
provide the Secretary with statistical information adequate for 
management. Reporting requirements may be promulgated by emergency 
regulations if this reporting system becomes inadequate for management 
purposes.



Sec. 662.5  Vessel identification.

    (a) Official number. Each fishing vessel in the reduction fishery 
must display its official number on the port and starboard sides of the 
deckhouse or hull, and on an appropriate weather deck so as to be 
visible from enforcement vessels and aircraft. The official number is 
the anchovy reduction registration number issued by the State of 
California.
    (b) Numerals. The official number must be affixed to each vessel 
subject to this part in block Arabic numerals at least 14 inches in 
height. Markings must be legible and of a color that contrasts with the 
background.

[49 FR 9572, Mar. 14, 1984, as amended at 53 FR 24658, June 29, 1988]



Sec. 662.6  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Fish for anchovies in the PAFA:
    (1) During any applicable closed season or in any applicable closed 
area specified in this part;
    (2) During any applicable closure specified in this part; or
    (3) Aboard a fishing vessel which has not filed an applicable 
declaration of intent with the State of California.
    (b) Take or retain anchovies for reduction purposes in the PAFA 
unless they are taken with authorized fishing gear as specified in 
Sec. 662.24.

[49 FR 9572, Mar. 14, 1984, as amended at 53 FR 24658, June 29, 1988]



Sec. 662.7  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.

[53 FR 24656, June 29, 1988]



Sec. 662.8  Penalties.

    See Sec. 620.9 of this chapter.

[53 FR 24656, June 29, 1988]



                     Subpart B--Management Measures



Sec. 662.20  Harvest quota.

    (a) Announcement of harvest quotas. The total harvest quota, 
reduction harvest quota, subarea B harvest quota, and special 
allocations will be determined by the Regional Director from the 
estimated spawning biomass according to the formulas in paragraph (b) of 
this section, and will be announced on or about August 1 as interim 
final quotas. The quotas will be announced according to the following 
procedure:
    (1) No less than 14 calendar days before the meeting of the 
Council's Anchovy Planning team and Advisory Subpanel, a notice will be 
published in

[[Page 333]]

the Federal Register notifying the public when the estimate of the 
annual spawning biomass will be available. The notice also will announce 
the date and location of a meeting of the Council's Anchovy Planning 
team and Advisory Subpanel, where the estimated spawning biomass and the 
annual quotas will be reviewed and public comments received. This 
meeting is expected to convene during the second week of June.
    (2) All materials relating to the annual quotas will be forwarded to 
the Council and its Scientific and Statistical Committee and will be 
available for public inspection at the Office of the Regional Director.
    (3) On or about August 1, the interim final quotas will be published 
in the Federal Register with an opportunity for public comment.
    (4) At a regular meeting of the Council, the Council will review the 
estimated spawning biomass and harvest quotas and offer time for public 
comment. The Council will either accept the harvest quotas as published 
or recommend to the Regional Director that the numbers be revised. If a 
revision is requested, a justification for the revision must be 
provided. An annual quota may be adjusted only if inaccurate data were 
used or if errors were made in the calculations.
    (5) If the Regional Director determines that a change in a harvest 
quota is justified, NMFS will publish a notice in the Federal Register 
notifying the public of the change and the reasons for the change. If no 
changes are necessary, the interim final quotas will become final 
quotas, and no notice will be published.
    (b) Determination of harvest quotas. The total harvest quota in the 
PAFA will be determined by adding the non-reduction fishery allocation 
in the PAFA and the reduction harvest quota in the PAFA, and they will 
be separately determined by the following formulas.
    (1) When the estimated spawning biomass is less than 300,000 mt, 
there will be no reduction harvest quota and the nonreduction allocation 
in the PAFA will be 4,900 mt.
    (2) When the estimated spawning biomass is equal to or greater than 
300,000 mt, the reduction harvest quota in the PAFA will be 70 percent 
of the estimated spawning biomass in excess of 300,000 mt or 140,000 mt, 
whichever is less, and the nonreduction fishery allocation in the PAFA 
will be 4,900 mt except as specified in Sec. 662.21(b).
    (3) When the estimated spawning biomass is less than 50,000 mt for 2 
consecutive fishing years, there will be no reduction quota and no non-
reduction allocation until the spawning biomass reaches or exceeds 
50,000 mt.
    (4) There is no limit on the harvest of anchovy for live bait, 
except that when the spawning biomass is less than 50,000 mt for 2 
consecutive fishing years, there will be no live bait harvest until the 
spawning biomass reaches or exceeds 50,000 mt.
    (c) Subarea B harvest quota. The reduction harvest quota for subarea 
B will be equal to the reduction harvest quota in the PAFA minus a 
reserve of 10 percent of the reduction harvest quota or 9,072 mt, 
whichever is less. This reserve is allocated to the reduction fishery in 
subarea A except as provided in paragraph (d) of this section.
    (d) Reallocation of subarea A reserve. The Secretary may reallocate 
on June 1 from subarea A to subarea B that portion of the reserve 
allocated to subarea A under paragraph (c) of this section which will 
not be harvested in subarea A by the end of the fishing year. This 
amount will be estimated based on catch to date in the current year and 
the expected intentions of processors and fishermen in the reduction 
fishery north of Point Buchon to harvest anchovies in the remaining 
fishing year. Reallocation under this paragraph will be based first on a 
need to increase the subarea B harvest quota and secondly on the 
projected reduction harvest in subarea A to the end of the fishing year.
    (e) Procedure for reallocation of subarea A reserve. (1) The 
Secretary may, by May 1 each year, determine the need to increase the 
subarea B harvest quota as provided in paragraph (d) of this section if 
the expected reduction fishery harvest in subarea B is an amount equal 
to or greater than the subarea B harvest quota. After making a 
determination that the subarea B harvest quota needs to be increased as

[[Page 334]]

provided in paragraph (d) of this section, the Secretary will make the 
estimate under paragraph (d) of this section on or about May 15 and, as 
soon as practicable after June 1, announce to all reduction fishing 
vessel owners and operators and licensed anchovy reduction plant 
operators by notice in the Federal Register and other appropriate 
notice--
    (i) The change in the subarea B quota;
    (ii) The reasons for the change; and
    (iii) A summary of, and responses to, any comments submitted under 
paragraph (e)(3) of this section.
    (2) The Regional Director will compile in aggregate form all data 
used to make the estimates under paragraph (d) of this section and make 
them available for public inspection during normal business hours at the 
Southwest Regional Office, National Marine Fisheries Service, 300 South 
Ferry Street, Terminal Island, CA 90731.
    (3) Comments from the public on the estimates made under paragraph 
(d) of this section may be submitted to the Regional Director until May 
31.
    (f) Anchovies harvested for reduction and nonreduction purposes in 
the PAFA and adjacent territorial sea will be counted toward the total 
harvest quota.

[49 FR 9572, Mar. 14, 1984, as amended at 56 FR 15300, Apr. 16, 1991; 59 
FR 18978, Apr. 21, 1994]



Sec. 662.21  Closures.

    (a) Closure of the reduction fishery. The Secretary will close the 
reduction fishery during the open season provided in Sec. 662.22 when 
the total harvest quota in the PAFA is taken. The Secretary will close 
only the reduction fishery in subarea B when the subarea B reduction 
harvest quota is taken.
    (b) Closure of the nonreduction fishery. The Secretary will close 
the nonreduction fishery in the PAFA only if the total harvest quota is 
taken.
    (c) Procedure for closing. (1) When the harvest quotas prescribed in 
Sec. 662.20 are about to be taken, the Secretary will announce, by 
notice in the Federal Register and to the Council and the California 
Department of Fish and Game, the date of closure in one or both 
subareas.
    (2) If a reduction fishery closure is announced, the reduction 
fishery in the affected subarea will cease on the date of closure 
specified in the Federal Register notice provided by paragraph (c)(1) of 
this section, and will not resume until a final determination of new 
harvest quotas is announced under Sec. 662.20.
    (3) The nonreduction fishery in the PAFA ceases on the date that a 
total harvest quota closure is announced under paragraph (c)(1) of this 
section, and will not resume until a new harvest quota is announced 
under Sec. 662.20.



Sec. 662.22  Fishing seasons.

    All open seasons will begin at 0001 hours and terminate at 2400 
hours local time. The PAFA is closed to anchovy fishing except as 
follows:
    (a) Nonreduction fishing season. The open season for nonreduction 
fishing in the PAFA is from August 1 to July 31.
    (b) Reduction fishing season. (1) In subarea A, the open season for 
reduction fishing in the PAFA is from August 1 to June 30; and
    (2) In subarea B, the open season for reduction fishing in the PAFA 
is from September 15 to June 30.



Sec. 662.23  Closed areas.

    (a) Nonreduction fishery. There are no closed areas for nonreduction 
fishing in the PAFA.
    (b) Reduction fishery. The following areas are closed to reduction 
fishing: (1) Farallon Islands closure (see Figure 1). The portion of 
subarea A bounded by--(i) A straight line joining Pigeon Point Light 
(37 deg.10.9' N. latitude, 122 deg.23.6' W. longitude) and the U.S. 
navigation light on Southeast Farallon Island (37 deg.42.0' N. latitude, 
123 deg.00.1' W. longitude); and
    (ii) A straight line joining the U.S. navigation light on Southeast 
Farallon Island (37 deg.42.0' N. latitude, 123 deg.00.1' W. longitude) 
and the U.S. navigation light on Point Reyes (37 deg.59.7' N. latitude, 
123 deg.01.3' W. longitude).
    (2) Subarea B closures That portion of subarea B described as--
    (i) Oxnard closure. (see Figure 1). The area that extends offshore 
four (4) miles from the mainland shore between lines running 250 deg. 
true from the steam plant stack at Manadalay Beach

[[Page 335]]

(34 deg.12.4' N. latitude, 119 deg.15.0' W. longitude) and 220 deg. true 
from the steam plant stack at Ormond Beach (34 deg.07.8' N. latitude, 
119 deg.10.0' W. longitude).
    (ii) Santa Monica Bay closure (see Figure 1). Santa Monica Bay 
shoreward of that line from Malibu Point (34 deg.01.8' N. latitude, 
188 deg.40.8' W. longitude) to Rocky Point (Palos Verdes Point) 
(33 deg.46.5' N. latitude, 118 deg.25.7' W. longitude).
    (iii) Los Angeles Harbor closure (see Figure 1). The area outside 
Los Angeles Harbor described by a line extending six miles 180 deg. true 
from Point Fermin (33 deg.42.3' N. latitude, 118 deg.17.6' W. longitude) 
and then to a point located three (3) miles offshore on a line 225 deg. 
true from Huntington Beach Pier (33 deg.39.2' N. latitude, 118 deg.00.3' 
W. longitude).
    (iv) Oceanside to San Diego closure (see Figure 1). The area six (6) 
miles from the mainland shore south of a line running 225 deg. true from 
the tip of the outer breakwater (33 deg.12.4' N. latitude, 117 deg.24.1' 
W. longitude) of Oceanside Harbor to the United States-Mexico 
International Boundary.
[GRAPHIC] [TIFF OMITTED] TC03MR91.067


[[Page 336]]





Sec. 662.24  Gear limitations.

    (a) Nonreduction fishery. There are no limitations on gear used in 
the nonreduction fishery.
    (b) Reduction fishery. Authorized fishing gear only may be used in 
the reduction fishery. Beginning on April 1, 1986, authorized fishing 
gear will be round haul nets which have a minimum wet-stretch mesh size 
of \10/16\ of an inch excluding the bag portion of a purse seine. The 
bag portion must be constructed as a single unit and must not exceed a 
rectangular area adjacent to 20 percent of the total corkline of the 
purse seine. Minimum mesh size requirements are met if a stainless steel 
wedge can be passed with only thumb pressure through 16 of 20 sets of 
two meshes each of wet mesh. The wedges used to measure trawl mesh size 
are made of 20 gauge stainless steel, and will be no wider than \10/16\ 
of an inch less one thickness of the metal at the widest part.



PART 674--HIGH SEAS SALMON FISHERY OFF ALASKA--Table of Contents




                           Subpart A--General

Sec.
674.1  Purpose and scope.
674.2  Definitions.
674.3  Relation to other laws.
674.4  Permits.
674.5--674.6  [Reserved]
674.7  Prohibitions.
674.8  Facilitation of enforcement.
674.9  Penalties.

                     Subpart B--Management Measures

674.20  General.
674.21  Commercial fishing.
674.22  Personal use fishing.

    Authority: 16 U.S.C. 3631 et seq.; 16 U.S.C. 1801 et seq.



                           Subpart A--General



Sec. 674.1  Purpose and scope.

    (a) The purpose of this part is to implement the fishery management 
plan (FMP) for the High Seas Salmon Fishery off the Coast of Alaska East 
of 175 Degrees East Longitude. The FMP was developed by the North 
Pacific Fishery Management Council under the Magnuson Act.
    (b) This part governs fishing for salmon by fishing vessels of the 
United States in the EEZ seaward of Alaska east of 175 deg. E. 
longitude. All provisions of this part shall remain in effect until 
modified, revoked, or superseded.

[46 FR 33047, June 26, 1981 and 46 FR 57302, Nov. 23, 1981, as amended 
at 53 FR 24659, June 29, 1988]



Sec. 674.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following 
meanings:
    ADF&G means the Alaska Department of Fish and Game.
    Commercial fishing means fishing for fish for sale or barter.
    Hand troll gear means one or more lines with lures or hooks 
attached, drawn through the water behind a moving vessel, and retrieved 
by hand or hand-cranked reels or gurdies and not by any electrically, 
hydraulically, or mechanically-powered device or attachment.
    Management area means the two areas described below:
    (a) West Area means the waters of the EEZ seaward of Alaska which 
are west of 143 deg.53'36'' W. longitude (Cape Suckling).
    (b) East Area means the waters of the EEZ seaward of Alaska east of 
143 deg.53'36'' W. longitude.
    Optimum yield means that amount of any species of salmon which will 
provide the greatest overall benefit to the Nation, with particular 
reference to food production and recreational opportunities, as 
specified in the FMP.
    Personal use fishing means fishing other than commercial fishing.
    Power troll gear means one or more lines, with hooks or lures 
attached, drawn through the water behind a moving vessel, and 
originating from a power gurdy or power-driven spool fastened to the 
vessel, the extension or retraction of which is directly to the gurdy or 
spool.
    Regional Director means the Director, Alaska Region, NMFS, P.O. Box 
1668, Juneau, AK 99802, telephone 907-586-7221, or an individual to whom 
the Regional Director has delegated appropriate authority.
    Salmon means the following species:


[[Page 337]]


Chinook (or king) salmon (Oncorhynchus tshawytscha);
Coho (or silver) salmon (O. kisutch);
Pink (or humpback) salmon (O. gorbuscha);
Sockeye (or red) salmon (O. nerka); and
Chum (or dog) salmon (O. keta).

[46 FR 33047, June 26, 1981 and 46 FR 57302, Nov. 23, 1981, as amended 
at 53 FR 24655, 24660, June 29, 1988; 55 FR 47775, Nov. 15, 1990]



Sec. 674.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter and paragraphs (b), (c), and (d) of this 
section.
    (b) For regulations concerning fishing for groundfish in the Gulf of 
Alaska, see part 672 of this chapter.
    (c) This part 674 does not apply to fishing for salmon by vessels 
other than vessels of the United States conducted under the North 
Pacific Fisheries Act of 1954, 16 U.S.C. 1021-1035, part 661 of this 
chapter concerns fishing for salmon seaward of Washington, Oregon, and 
California.
    (d) This part 674 will be administered in close coordination with 
ADF&G's administration for the State of Alaska's regulations governing 
the salmon troll fishery off Southeast Alaska. Because no commercial 
fishing for salmon is permitted in the EEZ west of Cape Suckling, all 
commercial salmon fishing west of Cape Suckling will take place in the 
territorial sea and be subject to Alaska's management authority.

[53 FR 24659, June 29, 1988]



Sec. 674.4  Permits.

    (a) General--(1) Commercial fishing using power troll gear. 
Commercial fishing for salmon in the management area using power troll 
gear may be engaged in by any operator of a fishing vessel who:
    (i) Held a valid State of Alaska power troll permanent entry permit 
on May 15, 1979, or is a transferee under paragraph (c) of this section 
of an operator who held such a permit on that date;
    (ii) Held a valid State of Alaska power troll interim use permit on 
May 15, 1979; or
    (iii) Holds a permit issued by the Regional Director under paragraph 
(b) of this section.
    (2) [Reserved]
    (3) Personal use fishing. Personal use fishing in the management 
area may be engaged in by any person who at the time of such fishing 
holds a valid State of Alaska sport fishing license.
    (4) No person may engage in power trolling for salmon in the 
management area unless that person is described in paragraph (a)(1) of 
this section; except that no permit is required of a crew member or 
other person assisting in commercial salmon fishing operations if a 
person described in paragraph (a)(1) of this section is on board the 
same fishing vessel and engaged in commercial fishing. No person may 
engage in personal use fishing for salmon in the management area unless 
that person is described in paragraph (a)(3) of this section.
    (5) The authority to engage in fishing for salmon in the management 
area that is granted by this paragraph (a) constitutes a use privilege 
which may be revoked or modified without compensation.
    (b) Permits issued by the Regional Director--(1) Eligibility. (i) 
Except as provided in paragraph (b)(1)(ii) of this section, any person 
is eligible for a permit described in paragraph (a)(1)(iii) of this 
section if that person, during any one of the calendar years 1975, 1976, 
or 1977:
    (A) Operated a fishing vessel in the management area; (B) engaged in 
commercial fishing for salmon in the management area; (C) caught salmon 
in the management area using power troll gear; and (D) landed such 
salmon.
    (ii) The following persons are not eligible: (A) Persons described 
in paragraph (a)(1)(i) or (a)(1)(ii) of this section; (B) persons who 
once held but no longer hold a State of Alaska power troll permanent 
entry or interim-use permit; and (C) persons already holding a permit 
under this paragraph (b).
    (2) Application. (i) Each applicant for a permit under this 
paragraph shall submit a written application to the Regional Director at 
least 30 days prior to the date on which the applicant desires to have 
the permit made effective.
    (ii) Each applicant shall provide the following information:
    (A) The applicant's name, mailing address, and telephone number; (B) 
the name of the fishing vessel; (C) the fishing vessel's United States 
Coast Guard

[[Page 338]]

documentation number or State registration number; (D) the home port of 
the fishing vessel; (E) the length and registered tonnage of the fishing 
vessel; (F) the color of the fishing vessel; (G) the type of fishing 
gear used by the fishing vessel; and (H) the signature of the applicant.
    (iii) The information required by paragraphs (b)(2)(ii)(A) through 
(G) shall be provided for each vessel which the applicant intends to use 
for commercial fishing under this part. Any changes in such information 
occurring after a permit is issued shall be reported to the Regional 
Director within 30 days of that change.
    (iv) Each applicant shall submit State fish tickets or other 
equivalent documents showing the actual landing of salmon taken in the 
management area by the applicant with power troll gear during any one of 
the years 1975 to 1977.
    (3) Issuance. (i) Except as provided in subpart D of 15 CFR part 
904, upon receipt of a properly completed application and any document 
required under paragraph (b)(2)(iv) of this section, the Regional 
Director will promptly determine whether permit eligibility conditions 
have been met, and if so, will issue a permit. If the permit is denied, 
the Regional Director will notify the applicant in accordance with 
paragraph (d) of this section.
    (ii) If an incomplete or improperly completed permit application is 
filed, or if any document required under paragraph (b)(2)(iv) of this 
section has not been filed, the Regional Director shall promptly notify 
the applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 days following the date of receipt of notification, 
the application shall be considered abandoned.
    (4) Alteration. No person shall alter, erase, or mutilate any 
permit. Any permit that has been altered, erased, or mutilated shall be 
invalid.
    (5) Replacement. Replacement permits may be issued to replace lost 
or unintentionally mutilated permits. An application for a replacement 
permit shall not be considered a new application.
    (6) Sanctions. Procedures governing permit sanctions and denials are 
found at subpart D of 15 CFR part 904.
    (c) Transfer of authority to fish for salmon in the management 
area--(1) Holders of State of Alaska power troll permanent entry 
permits. (i) The authority of any person described in paragraph 
(a)(1)(i) of this section to engage in commercial fishing for salmon 
using power troll gear in the management area shall expire upon the 
transfer of that person's State of Alaska power troll permanent entry 
permit to another and shall be transferred to the new holder of that 
permit.
    (ii) Any person to whom transfer of a State of Alaska power troll 
permanent entry permit is denied by the State of Alaska may apply, with 
the consent of the current holder of that permit, to the Regional 
Director for transfer to the applicant of the current holder's authority 
to engage in commercial fishing for salmon using power troll gear in the 
management area. The Regional Director shall approve the transfer if it 
is determined that the applicant had the ability to participate actively 
in the fishery at the time the application for transfer of the permit 
was filed with the State of Alaska; that the applicant has access to 
power troll gear necessary for participation in the fishery; that the 
State of Alaska has not instituted proceedings to revoke the permit on 
the ground that it was fraudulently obtained; and that the proposed 
transfer of the permit is not a lease. The application shall be filed 
with the Regional Director within thirty days of the denial by the State 
of Alaska of transfer of the permit. The application shall include all 
documents and other evidence submitted to the State of Alaska in support 
of the proposed transfer of the permit and a copy of the State of 
Alaska's decision denying the transfer of the permit. The Regional 
Director may request additional information from the applicant or from 
the State of Alaska to assist in the consideration of the application. 
Upon approval of the application by the Regional Director, the authority 
of the permit holder to engage in commercial fishing for salmon in the 
management

[[Page 339]]

area using power troll gear shall expire, and that authority shall be 
transferred to the applicant.
    (2) Other permits. Except as provided in paragraph (c)(3) of this 
section, the authority of any person described in paragraph (a)(1)(ii), 
(a)(1)(iii), or (a)(3) of this section to fish for salmon in the 
management area may not be transferred to any other person. Except for 
emergency transfers, the authority to engage in commercial fishing for 
salmon which was transferred under paragraph (c)(1)(ii) of this section 
may not be transferred to any other person except the current holder of 
the State of Alaska power troll permanent entry permit from which that 
authority was originally derived. That authority may be transferred to 
the current holder of that permit upon receipt of written notification 
of the transfer by the Regional Director, from which time the transferee 
under paragraph (c)(1)(ii) of this section shall no longer be authorized 
to engage in commercial fishing for salmon using power troll gear in the 
management area.
    (3) Emergency transfers--authority to use power troll gear. The 
authority of any person described in paragraph (a)(1) of this section to 
engage in commercial fishing for salmon using power troll gear in the 
management area may be transferred to another for a period not lasting 
beyond the end of the calendar year of the transfer when sickness, 
injury, or other unavoidable hardship prevents the holder of that 
authority from engaging in such fishing. Such a transfer shall take 
effect automatically upon approval by the State of Alaska of an 
emergency transfer of a State of Alaska power troll entry permit, in 
accordance with the terms of the permit transfer. Any person to whom 
emergency transfer of a State of Alaska power troll entry permit is 
denied by the State of Alaska and any person desiring to obtain 
emergency transfer of a Federal commercial power troll permit previously 
issued by the Regional Director may apply, with the consent of the 
current holder of that permit, to the Regional Director for transfer to 
the applicant of the current holder's authority to engage in commercial 
fishing for salmon using power troll gear in the management area for a 
period not lasting beyond the calendar year of the proposed transfer. 
The Regional Director shall approve the transfer if he determines that 
sickness, injury, or other unavoidable hardship prevents the current 
permit holder from engaging in such fishing; that the applicant had the 
ability to participate actively in the fishery at the time the 
application for emergency transfer of the permit was filed with the 
State of Alaska or, in the case of a Federal permit, with the Regional 
Director; that the applicant has access to power troll gear necessary 
for participation in the fishery; and that the State of Alaska has not 
instituted proceedings to revoke the permit on the ground that it was 
fraudulently obtained. The application in the case of a State of Alaska 
permit shall be filed with the Regional Director within thirty days of 
the denial by the State of Alaska of emergency transfer of the permit. 
The application shall include all documents and other evidence submitted 
to the State of Alaska in support of the proposed emergency transfer of 
the permit and a copy of the State of Alaska's decision denying the 
emergency transfer of the permit. The Regional Director may request 
additional information from the applicant or from the State of Alaska to 
assist in the consideration of the application. Upon approval of the 
application by the Regional Director, the authority of the permit holder 
to engage in commercial fishing for salmon using power troll gear in the 
management area shall expire for the period of the emergency transfer, 
and that authority shall be transferred to the applicant for that 
period.
    (d) Appeals and hearings. (1) A decision by the Regional Director: 
(i) To deny a permit under paragraph (b)(3)(i) of this section; or (ii) 
to deny transfer of authority to engage in commercial fishing for salmon 
in the management area under paragraph (c) of this section, shall be in 
writing, shall state the facts and reasons therefor, and shall advise 
the applicant of the rights provided in this paragraph (d).
    (2) Any such decision of the Regional Director shall be final thirty 
days after receipt by the applicant, unless an appeal is filed with the 
Assistant Administrator within that time. Failure to

[[Page 340]]

file a timely appeal shall constitute waiver of the appeal. (Address: 
Assistant Administrator, National Marine Fisheries Service, Room 400, 
Page 2 Building, 3300 Whitehaven Street, NW., Washington, DC 20235). 
Appeals under this paragraph shall be in writing, shall set forth the 
reasons why the appellant believes the Regional Director's decision was 
in error, and shall include any supporting facts or documentation. At 
the time the appeal is filed with the Assistant Administrator, the 
appellant may request a hearing with respect to any disputed issue of 
material fact. Failure to request a hearing at this time shall 
constitute a waiver of the hearing. If a request for a hearing is filed, 
the Assistant Administrator may order a hearing if it is determined that 
a hearing is necessary to resolve material issues of fact and shall so 
notify the appellant. If the Assistant Administrator orders a hearing, 
that order shall also serve to appoint a hearing examiner to conduct an 
informal fact finding inquiry into the matter. Following the hearing, 
the hearing examiner shall promptly furnish the Assistant Administrator 
with a report and appropriate recommendations. As soon as practicable 
after considering the matters raised in the appeal, and any report or 
recommendation of the hearing examiner in the event a hearing is held 
under this section, the Assistant Administrator shall notify the 
appellant in writing of the final decision. The notice shall summarize 
the findings of the Assistant Administrator and set forth the basis of 
the decision. The decision of the Assistant Administrator shall be final 
and unappealable.
    (e) Display. Any permit or license described in paragraph (a)(1), or 
(a)(3) of this section shall be on board the vessel at all times while 
the vessel is in the management area, and shall be displayed for 
inspection upon request by an authorized officer.
    (f) For purposes of this section, the term ``person'' excludes any 
nonhuman entity.

[47 FR 57302, Nov. 23, 1981, as amended at 49 FR 1044, Jan. 6, 1984]
Secs. 674.5--674.6  [Reserved]



Sec. 674.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Fish for, take, or retain any salmon in violation of the Act or 
this part.
    (b) Engage in fishing for salmon in the management area except to 
the extent authorized by Sec. 674.4(a) of this part.

[55 FR 47775, Nov. 15, 1990]



Sec. 674.8  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.

[53 FR 24656, June 29, 1988]



Sec. 674.9  Penalties.

    See Sec. 620.9 of this chapter.

[53 FR 24656, June 29, 1988]



                     Subpart B--Management Measures

    Source: 55 FR 47775, Nov. 15, 1990, unless otherwise noted.



Sec. 674.20  General.

    The management measures specified in this subpart shall apply to all 
fishing for salmon in the management area by vessels registered under 
laws of the State of Alaska.



Sec. 674.21  Commercial fishing.

    (a) For State of Alaska statutes and regulations governing 
commercial fishing, see Alaska Statutes, title 16--Fish and Game; title 
5 of the Alaska Administrative Code, chapters 1-39.
    (b) For State of Alaska Regulations specifically governing the 
salmon troll fishery, see 5 Alaska Administrative Code 30 (Yakutat 
Area), and 5 Alaska Administrative Code 33 (Southeastern Alaska Area).



Sec. 674.22  Personal use fishing.

    (a) For State of Alaska statutes and regulations governing sport and 
personal use salmon fishing other than subsistence fishing, see Alaska 
Statutes, title 16--Fish and Game; 5 Alaska

[[Page 341]]

Administrative Codes 42.010 through 75.995.
    (b) For State of Alaska statutes and regulations governing 
subsistence fishing, see Alaska Statutes, title 16--Fish and Game; 5 
Alaska Administrative Codes 01, 02, 39, and 99.010.



PART 678--ATLANTIC SHARKS--Table of Contents




                      Subpart A--General Provisions

Sec.
678.1  Purpose and scope.
678.2  Definitions.
678.3  Relation to other laws.
678.4  Permits and fees.
678.5  Recordkeeping and reporting.
678.6  Vessel identification.
678.7  Prohibitions.
678.8  Facilitation of enforcement.
678.9  Penalties.
678.10  At-sea observer coverage.

                     Subpart B--Management Measures

678.20  Fishing year.
678.21  Gear restrictions.
678.22  Harvest limitations.
678.23  Bag limits.
678.24  Commercial quotas.
678.25  Closures.
678.26  Restrictions on sale upon landing.
678.27  Adjustment of management measures.
678.28  Specifically authorized activities.

    Authority: 16 U.S.C. 1801 et seq.

    Source: 58 FR 21944, Apr. 26, 1993, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 678.1  Purpose and scope.

    (a) The purpose of this part is to implement the Fishery Management 
Plan for Sharks of the Atlantic Ocean (FMP) prepared by the Secretary of 
Commerce.
    (b) This part governs conservation and management of sharks in the 
management unit.



Sec. 678.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following meaning:
    Charter vessel means a vessel less than 100 gross tons (90.8 metric 
tons) that meets the requirements of the Coast Guard to carry six or 
fewer passengers for hire and that carries a passenger for hire at any 
time during the calendar year. A charter vessel with a permit issued 
under Sec. 678.4 is considered to be operating as a charter vessel when 
it carries a passenger who pays a fee or when there are more than three 
persons aboard, including operator and crew.
    Dealer means the person in the United States who first receives by 
way of purchase, barter, or trade, sharks harvested from the management 
unit.
    Drift gillnet, sometimes called a drift entanglement net or drift 
net, means a flat net, unattached to the ocean bottom, whether or not it 
is attached to a vessel, designed to be suspended vertically in the 
water to entangle the head or other body parts of a shark that attempts 
to pass through the meshes.
    Headboat means a vessel that holds a valid Certificate of Inspection 
issued by the Coast Guard to carry passengers for hire. A headboat with 
a permit issued under Sec. 678.4 is considered to be operating as a 
headboat when it carries a passenger who pays a fee or when there are 
more than three persons aboard, including operator and crew.
    Landed or landing means to arrive at a dock, berth, beach, seawall, 
or ramp.
    Large coastal species means any of the species, or a part thereof, 
listed in paragraph (1) of the definition of management unit.
    Management unit means the following species in the Western North 
Atlantic Ocean including the Gulf of Mexico and the Caribbean Sea:
    (1) Large coastal species:

Basking sharks--Cetorhinidae
    Basking shark, Cetorhinus maximus
Hammerhead sharks--Sphyrnidae
    Great hammerhead, Sphyrna mokarran
    Scalloped hammerhead, Sphyrna lewini
    Smooth hammerhead, Sphyrna zygaena
Mackerel sharks--Lamnidae
    White shark, Carcharodon carcharias
Nurse sharks--Ginglymostomatidae
    Nurse shark, Ginglymostoma cirratum
Requiem sharks--Carcharhinidae
    Bignose shark, Carcharhinus altimus
    Blacktip shark, Carcharhinus limbatus
    Bull shark, Carcharhinus leucas
    Caribbean reek shark, Carcharhinus perezi
    Dusky shark, Carcharhinus obscurus
    Galapagos shark, Carcharhinus galapagensis
    Lemon shark, Negaprion brevirostris
    Narrowtooth shark, Carcharhinus brachyurus

[[Page 342]]

    Night shark, Carcharhinus signatus
    Sandbar shark, Carcharhinus plumbeus
    Silky shark, Carcharhinus falciformis
    Spinner shark, Carcharhinus brevipinna
    Tiger shark, Galeocerdo cuvieri
Sand tiger sharks--Odontaspididae
    Bigeye sand tiger, Odontaspis noronhai
    Sand tiger shark, Odontaspis taurus
Whale sharks--Rhincodontidae
    Whale shark, Rhincodon typus

    (2) Small coastal species:

Angel sharks--Squatinidae
    Atlantic angel shark, Squatina dumerili
Hammerhead sharks--Sphyrnidae
    Bonnethead, Sphyrna tiburo
Requiem sharks--Carcharhinidae
    Atlantic sharpnose shark, Rhizoprionodon terraenovae
    Blacknose shark, Carcharhinus acronotus
    Caribbean sharpnose shark, Rhizoprionodon porosus
    Finetooth shark, Carcharhinus isodon
    Smalltail shark, Carcharhinus porosus

    (3) Pelagic species:

Cow sharks--Hexanchidae
    Bigeye sixgill shark, Hexanchus vitulus
    Sevengill shark, Heptranchias perlo
    Sixgill shark, Hexanchus griseus
Mackerel sharks--Lamnidae
    Longfin mako, Isurus paucus
    Porbeagle shark, Lamna nasus
    Shortfin mako, Isurus oxyrinchus
Requiem sharks--Carcharhinidae
    Blue shark, Prionace glauca
    Oceanic whitetip shark, Carcharhinus longimanus
Thresher sharks--Alopiidae
    Bigeye thresher, Alopias superciliosus
    Thresher shark, Alopias vulpinus

    Pelagic species means any of the species, or a part thereof, listed 
in paragraph (3) of the definition of management unit.
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702; telephone 813-570-
5301, or a designee.
    Science and Research Director means the Science and Research 
Director, Southeast Fisheries Science Center, NMFS, 75 Virginia Beach 
Drive, Miami, FL 33149, telephone 305-361-5761, or a designee.
    Shark means any of these species listed in the definition of the 
management unit, or a part thereof.
    Shark tournament means any fishing competition involving sharks in 
which participants must register or otherwise enter or in which a prize 
or award is offered for catching a shark.
    Small coastal species means any of the species, or a part thereof, 
listed in paragraph (2) of the definition of management unit.
    Trip means a fishing trip, regardless of number of days duration, 
that beings with departure from a dock, berth, beach, seawall, or ramp 
and that terminates with return to a dock, berth, beach, seawell, or 
ramp.
    Trip limit means the total allowable take from a single trip as 
defined in this section.
    Weightout slip means the document provided by the person weighing 
the shark carcasses and fins to the owner or operator of a permitted 
vessel that records the weights of the shark carcasses and fins, prior 
to or as part of, a commercial transaction involving such shark 
carcasses and/or fins. Any document such as ``tally slip,'' ``trip 
ticket,'' or ``sales receipt,'' that contains such information will be 
considered as a weighout slip.

[58 FR 21944, Apr. 26, 1993, as amended at 58 FR 68558, Dec. 28, 1993; 
59 FR 52456, Oct. 18, 1994; 60 FR 35341, July 7, 1995]



Sec. 678.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 620.3 of this chapter and paragraphs (b) and (c) of this section.
    (b) In accordance with regulations issued under the Marine Mammal 
Protection Act of 1972, as amended, it may be unlawful for a commercial 
fishing vessel, a vessel owner, or a master or operator of a vessel to 
engage in a longline or gillnet shark fishery in the Atlantic Ocean 
(including the Gulf of Mexico and Caribbean Sea) unless the vessel owner 
or authorized representative has complied with specified requirements 
including, but not limited to, registration, exemption certificates, 
decals, and reports, as contained in 50 CFR part 229.
    (c) Regulations governing fishing in the EEZ by vessels other than 
vessels of the United States appear at 50 CFR part 611, subpart A, and 
Secs. 611.60 and 611.61 of subpart D.

[[Page 343]]



Sec. 678.4  Permits and fees.

    (a) Applicability. (1) Annual vessel permit. (i) As a prerequisite 
to sell shark from the management unit or to be eligible for exemption 
from the bag limits specified in Sec. 678.23(b), an owner or operator of 
a vessel that fishes in the EEZ must obtain an annual vessel permit; 
except that there is no Federal requirement for a permit for a vessel 
that fishes exclusively within state waters.
    (ii) For a vessel owned by a corporation or partnership to be 
eligible for a vessel permit, the earned income qualification specified 
in paragraph (b)(2)(vi) of this section must be met by, and the 
statement required by that paragraph must be submitted by, an officer or 
shareholder of the corporation, a general partner of the partnership, or 
the vessel operator.
    (iii) A vessel permit issued upon the qualification of an operator 
is valid only when that person is the operator of the vessel.
    (iv) An owner or operator who applies for a permit under paragraph 
(b) of this section must agree, as a condition of such permit, that the 
vessel's shark fishing, catch, and gear are subject to the requirements 
of this part during the period of validity of the permit, without regard 
to whether such fishing occurs in the EEZ, landward of the EEZ, or 
outside the EEZ, and without regard to where such shark or gear are 
possessed, taken, or landed. However, when a vessel fishes in the waters 
of a state that has more restrictive regulations on shark fishing, those 
more restrictive regulations may be applied by that state to fishing, 
catch, and gear in its waters.
    (2) Annual dealer permit. A dealer who receives sharks from the 
management unit must have an annual dealer permit.
    (b) Application for an annual vessel permit. (1) An application for 
a vessel permit must be submitted and signed by the owner (in the case 
of a corporation, the qualifying officer or shareholder; in the case of 
a partnership, the qualifying general partner) or operator of the 
vessel. The application must be submitted to the Regional Director at 
least 30 days prior to the date on which the applicant desires to have 
the permit made effective.
    (2) An applicant must provide the following information:
    (i) A copy of the vessel's U.S. Coast Guard certificate of 
documentation or, if not documented, a copy of its state registration 
certificate.
    (ii) The vessel's name and official number.
    (iii) Name, mailing address including ZIP code, telephone number, 
and social security number, and date of birth of the owner (if the owner 
is a corporation/partnership, in lieu of the social security number, 
provide the employer identification number, if one has been assigned by 
the Internal Revenue Service (IRS), and, in lieu of the date of birth, 
provide the date the corporation/partnership was formed).
    (iv) If the owner does not meet the earned income qualification 
specified in paragraph (b)(2)(vi) of this section and the operator does 
meet that qualification, the name, mailing address including ZIP code, 
telephone number, social security number, and date of birth of the 
operator.
    (v) Information concerning vessel, gear used, fishing areas, and 
fisheries vessel is used in, as requested by the Regional Director and 
included on the application form.
    (vi) A sworn statement by the applicant certifying that, during 1 of 
the 3 calendar years preceding the application,
    (A) More than 50 percent of his or her earned income was derived 
from commercial fishing, that is, sale of the catch, or from charter or 
headboat operations; or
    (B) His or her gross sales of fish were more than $20,000; or
    (C) For a vessel owned by a corporation or partnership, the gross 
sales of fish of the corporation or partnership were more than $20,000.
    (vii) Documentation supporting the statement of income, if required 
under paragraph (b)(3) of this section.
    (viii) A sworn statement that the applicant agrees to the conditions 
specified in paragraph (a)(4) of this section.
    (ix) Any other information that may be necessary for the issuance or 
administration of the permit, as requested by

[[Page 344]]

the Regional Director and included on the application form.
    (3) The Regional Director may require the applicant to provide 
documentation supporting the sworn statement under paragraph (b)(2)(vi) 
of this section before a permit is issued or to substantiate why such 
permit should not be revoked or otherwise sanctioned under paragraph (i) 
of this section. Such required documentation may include copies of 
appropriate forms and schedules from the applicant's income tax return. 
Copies of income tax forms and schedules are treated as confidential.
    (c) Application for an annual dealer permit. (1) An application for 
a dealer permit must be submitted and signed by the dealer or an officer 
of a corporation acting as a dealer. The application must be submitted 
to the Regional Director at least 30 days prior to the date on which the 
applicant desires to have the permit made effective.
    (2) A permit applicant must provide the following information:
    (i) A copy of each state wholesaler's license held by the dealer.
    (ii) Business name; mailing address, including zip code, of the 
principal office of the business; employer identification number, if one 
has been assigned by the Internal Revenue Service; and date the business 
was formed.
    (iii) The address of each physical facility at a fixed location 
where the business receives fish.
    (iv) Applicant's name; official capacity in the business; address, 
including zip code; telephone number; social security number; and date 
of birth.
    (v) Any other information that may be necessary for the issuance or 
administration of the permit, as requested by the Regional Director and 
included on the application form.
    (d) Fees. A fee is charged for each permit application submitted 
under paragraph (b) or (c) of this section. The amount of the fee is 
calculated in accordance with the procedures of the NOAA Finance 
Handbook for determining the administrative costs of each special 
product or service. The fee may not exceed such costs and is specified 
with each application form. The appropriate fee must accompany each 
application.
    (e) Issuance. (1) The Regional Director will issue a permit at any 
time to an applicant if the application is complete and, in the case of 
the annual vessel permit specified in paragraph (a)(1) of this section, 
the applicant meets the earned income requirement specified in paragraph 
(b)(2)(vi) of this section. An application is complete when all 
requested forms, information, and documentation have been received and 
the applicant has submitted all applicable reports specified at 
Sec. 678.5 (a) or (b).
    (2) Upon receipt of an incomplete application, the Regional Director 
will notify the applicant of the deficiency. If the applicant fails to 
correct the deficiency within 90 days of the date of the Regional 
Director's letter of notification, the application will be considered 
abandoned.
    (f) Duration. A permit remains valid for the period specified on it, 
and the conditions accepted upon its issuance remain in effect for that 
period, unless the vessel is sold or the permit is revoked, suspended, 
or modified pursuant to subpart D of 15 CFR part 904.
    (g) Transfer. (1) A vessel permit issued under paragraph (b) of this 
section is not transferable or assignable. A person purchasing a 
permitted vessel who desires to conduct activities for which a permit is 
required must apply for a permit in accordance with the provisions of 
paragraph (b) of this section. The application must be accompanied by a 
copy of a signed bill of sale.
    (2) A dealer permit issued under paragraph (c) of this section may 
be transferred upon sale of the dealer's business. However, such 
transferred permit remains valid for a period not to exceed 30 days 
after sale of the dealer's business. A person purchasing a permitted 
dealership who desires to conduct activities for which a permit is 
required after that 30-day period must apply promptly for a permit in 
accordance with paragraph (c) of this section.
    (h) Display. A vessel permit issued pursuant to paragraph (b) of 
this section must be carried on board the vessel and such vessel must be 
identified as required by Sec. 678.6. A dealer permit issued pursuant to 
paragraph (c) of this section must be available on the dealer's 
premises. The operator of a vessel or a dealer must present the permit 
for

[[Page 345]]

inspection upon the request of an authorized officer.
    (i) Sanctions and denials. A permit issued pursuant to this section 
may be revoked, suspended, or modified, and a permit application may be 
denied, in accordance with the procedures governing enforcement-related 
permit sanctions and denials found at subpart D of 15 CFR part 904.
    (j) Alteration. A permit that is altered, erased, or mutilated is 
invalid.
    (k) Replacement. A replacement permit may be issued. An application 
for a replacement permit will not be considered a new application. A 
fee, the amount of which is stated with the application form, must 
accompany each request for a replacement permit.
    (l) Change in application information. The owner or operator of a 
vessel with a permit or a dealer with a permit must notify the Regional 
Director within 30 days after any change in the application information 
required by paragraph (b) or (c) of this section. The permit is void if 
any change in the information is not reported within 30 days.

[58 FR 21944, Apr. 26, 1993; 58 FR 27336, May 7, 1993; 59 FR 52456, Oct. 
18, 1994]



Sec. 678.5  Recordkeeping and reporting.

    (a) Vessel reports--(1) All permitted vessels. An owner or operator 
of a vessel for which a permit has been issued pursuant to Sec. 678.4 
must submit copies of weighout slips that record the weights of fish 
sold from any trip from which a shark is off-loaded. Such weighout slips 
must be submitted as follows:
    (i) The owner or operator of a vessel that has been selected by the 
Science and Research Director to maintain and submit the logbook forms 
described in paragraph (a)(2) of this section must submit the copies of 
the sales receipts attached to such logbook forms.
    (ii) The owner or operator of a vessel that has not been selected to 
submit the logbook forms described in paragraph (a)(2) of this section 
but has been selected to maintain and submit logbook forms to the 
Science and Research Director in a fishery other than the shark fishery 
must attach the copies of the sales receipts to the logbook forms for 
that other fishery and submit them in the time frame required for those 
logbook forms.
    (iii) The owner or operator of a vessel that has not been selected 
to submit logbook forms to the Science and Research Director in any 
fishery must submit the copies to the Science and Research Director 
postmarked not later than the third day after sale of the fish off-
loaded from a trip.
    (2) Selected permitted vessels. An owner or operator of a vessel for 
which a permit has been issued pursuant to Sec. 678.4 and that is 
selected by the Science and Research Director must maintain and submit 
logbook forms for each trip on forms provided by the Science and 
Research Director. The logbook forms will provide a record of fishing 
location, time fished, fishing gear used, numbers of each species 
caught, and numbers of each species discarded. Logbook forms must be 
maintained and submitted for each trip, whether or not shark are caught 
on that trip. The logbook forms must be submitted to the Science and 
Research Director postmarked not later than the fifth day after sale of 
the fish off-loaded from a trip. If no fishing occurred during a month, 
a report so stating must be submitted in accordance with instructions 
provided with the forms.
    (b) Dealer reports. (1) A dealer who has been issued a dealer permit 
pursuant to Sec. 678.4 must submit a report to the Science and Research 
Director as specified in paragraph (b)(2) of this section. A report form 
is available from the Science and Research Director. The following 
information must be included in each report:
    (i) Name, address, and permit number of the dealer.
    (ii) Names and official numbers of fishing vessels from which shark 
were received.
    (iii) Dates of receipt of shark.
    (iv) Listed by each port and county where shark were off-loaded from 
fishing vessels:
    (A) Total weight (pounds) by market category for shark, if 
applicable, and for other species received with the shark, including, 
but not limited to, swordfish, yellowfin tuna, bigeye tuna, and 
albacore; and
    (B) Price per pound or total value paid by market category for shark 
and

[[Page 346]]

other species, to the extent that such price information is known at the 
time of reporting.
    (2) A report of shark and other applicable species received by a 
dealer on the first through the 15th days of each month must be 
submitted to the Science and Research Director postmarked not later than 
the 20th day of that month. A report of shark and other applicable 
species received by the dealer on the 16th through the last day of each 
month must be submitted to the Science and Research Director postmarked 
not later than the fifth day of the following month. If no shark was 
received during the reporting period, a report so stating must be 
submitted postmarked as specified for that respective reporting period.
    (3) The reporting requirement of paragraph (b)(1) of this section 
may be satisfied by providing a copy of each appropriate weigh-out sheet 
and/or sales record, provided such weigh-out sheet and/or sales record, 
by itself or combined with the form available from the Science and 
Research Director, includes all of the required information.
    (4) For purposes of this paragraph (b), for a shark offloaded from a 
fishing vessel in an Atlantic coastal state from Maine through Virginia, 
``Science and Research Director'' means the Science and Research 
Director, Northeast Fisheries Science Center, NMFS, Woods Hole, MA 
02543, telephone 617-548-5123, or a designee. For a shark offloaded from 
a fishing vessel in an Atlantic coastal state from Maine through 
Virginia, in lieu of providing a required report to the Science and 
Research Director by mail, as specified in paragraph (b)(2) of this 
section, a dealer may provide a report to a state or Federal fishery 
port agent designated by the Science and Research Director. Reports so 
provided must be delivered to such port agent not later than the 
prescribed postmark date for submitting each such report.
    (c) Tournament operators. A person conducting a shark tournament who 
is selected by the Science and Research Director must maintain and 
submit a record of catch and effort on forms available from the Science 
and Research Director. Completed forms must be submitted to the Science 
and Research Director postmarked not later than the seventh day after 
the conclusion of the tournament and must be accompanied by a copy of 
the tournament rules.
    (d) Additional data and inspection. Additional data may be collected 
by authorized statistical reporting agents, as designees of the Science 
and Research Director, and by authorized officers. An owner or operator 
of a fishing vessel and a dealer are required to make sharks available 
for inspection by the Science and Research Director or an authorized 
officer and to provide data on catch and effort, as requested.

[58 FR 21944, Apr. 26, 1993, as amended at 59 FR 52456, Oct. 18, 1994]



Sec. 678.6  Vessel identification.

    (a) Official number. A vessel for which a permit has been issued 
pursuant to Sec. 678.4 must display its official number--
    (1) On the port and starboard sides of the deck house or hull and on 
an appropriate weather deck so as to be clearly visible from an 
enforcement vessel or aircraft;
    (2) In block arabic numerals in contrasting color to the background;
    (3) At least 18 inches (45.7 cm) in height for fishing vessels over 
65 feet (19.8 meters) in length and at least 10 inches (25.4 cm) in 
height for all other vessels; and
    (4) Permanently affixed to or painted on the vessel.
    (b) Duties of operator. The operator of each fishing vessel must--
    (1) Keep the official number clearly legible and in good repair; and
    (2) Ensure that no part of the fishing vessel, its rigging, its 
fishing gear, or any other material aboard obstructs the view of the 
official number from an enforcement vessel or aircraft.



Sec. 678.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 620.7 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Falsify information required in Sec. 678.4(b) and (c) on an 
application for a permit.
    (b) Fail to display a permit, as specified in Sec. 678.4(h).

[[Page 347]]

    (c) Falsify or fail to provide information required to be 
maintained, submitted, or reported, as specified in Sec. 678.5.
    (d) Fail to make a shark available for inspection or provide data on 
catch and effort, as required by Sec. 678.5(d).
    (e) Falsify or fail to display and maintain vessel identification, 
as required by Sec. 678.6.
    (f) Falsify or fail to provide requested information regarding a 
vessel's trip, as specified in Sec. 678.10(a).
    (g) Fail to embark an observer on a trip when selected, as specified 
in Sec. 678.10(b).
    (h) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with an NMFS-approved observer aboard a vessel.
    (i) Prohibit or bar by command, impediment, threat, coercion, or 
refusal of reasonable assistance, an observer from conducting his/her 
duties aboard a vessel.
    (j) Fail to provide an observer with the required food, 
accommodations, access, and assistance, as specified in Sec. 678.10(c).
    (k) Remove the fins from a shark and discard the remainder, as 
specified in Sec. 678.22 (a)(1).
    (l) Possess shark fins, carcasses, or parts, aboard or offload shark 
fins from a fishing vessel, except as specified in Sec. 678.22, or 
possess shark carcasses or parts aboard, or offload shark fins, 
carcasses, or parts, from a vessel, except as specified in 
Sec. 678.22(b).
    (m) Fail to release a shark in the manner specified in 
Sec. 678.22(d).
    (n) Exceed the bag limits, as specified in Sec. 678.23 (a) through 
(c).
    (o) Operate a vessel with a shark aboard in excess of the bag 
limits, as specified in Sec. 678.23(d).
    (p) Land or possess on any trip, shark in excess of the vessel trip 
limit, as specified in Sec. 678.22(c)(1).
    (q) Transfer a shark at sea, as specified in Secs. 678.22(c)(2) and 
678.23(e).
    (r) Sell, trade, or barter or attempt to sell, trade, or barter a 
shark harvested in the EEZ except as an owner or operator of a vessel 
with a permit, as specified in Sec. 678.25(a).
    (s) Sell, trade, or barter, or attempt to sell, trade or barter, a 
shark from the management unit, except as an owner or operator of a 
vessel with a permit, as specified in Sec. 678.26.
    (t) Purchase, trade, or barter, or attempt to purchase, trade or 
barter, shark meat or fins from the management unit from an owner or 
operator of a vessel that does not possess a vessel permit, as specified 
in Sec. 678.26(b); or sell, trade, or barter, or attempt to sell, trade, 
or barter, a shark from the management unit, except to a permitted 
dealer, as specified in Sec. 678.26(d).
    (u) Sell, purchase, trade, or barter, or attempt to sell, purchase, 
trade, or barter, shark fins that are disproportionate to the weight of 
carcasses landed, as specified in Sec. 678.26(c).
    (v) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson Act.
    (w) [Reserved]
    (x) Exceed the vessel trip limits, as specified in Sec. 678.21(c).
    (y) Purchase, trade, or barter, or attempt to purchase, trade, or 
barter, a shark from the management unit without an annual dealer 
permit, as specified in Sec. 678.4(a)(2).
    (z) Fish for sharks with a drift gillnet that is 2.5 km or more in 
length or possess a shark aboard a vessel possessing such drift gillnet, 
as specified in Sec. 678.21.

[58 FR 21944, Apr. 26, 1993, as amended at 58 FR 68558, Dec. 28, 1993; 
59 FR 52457, Oct. 18, 1994]



Sec. 678.8  Facilitation of enforcement.

    See Sec. 620.8 of this chapter.



Sec. 678.9  Penalties.

    See Sec. 620.9 of this chapter.



Sec. 678.10  At-sea observer coverage.

    (a) When requested by the Science and Research Director, an owner or 
operator of a vessel for which a permit has been issued pursuant to 
Sec. 678.4 must advise the Science and Research Director in writing not 
less than 10 days in advance of each trip of the following:
    (1) Departure information (port, dock, date, and time); and
    (2) Expected landing information (port, dock, and date).

[[Page 348]]

    (b) If a vessel's trip is selected by the Science and Research 
Director for observer coverage, the owner or operator of such vessel 
must accommodate an NMFS-approved observer.
    (c) An owner or operator of a vessel on which an NMFS-approved 
observer is embarked must--
    (1) Provide, at no cost to the observer or the United States 
government, accommodations and food that are equivalent to those 
provided to the crew;
    (2) Allow the observer access to and use of the vessel's 
communications equipment and personnel upon request for the transmission 
and receipt of messages related to the observer's duties;
    (3) Allow the observer access to and use of the vessel's navigation 
equipment and personnel upon request to determine the vessel's position;
    (4) Allow the observer free and unobstructed access to the vessel's 
bridge, working decks, holding bins, weight scales, holds, and any other 
space used to hold, process, weigh, or store fish; and
    (5) Allow the observer to inspect and copy the vessel's log, 
communications logs, and any records associated with the catch and 
distribution of fish.



                     Subpart B--Management Measures



Sec. 678.20   Fishing year.

    The fishing year is January 1 through December 31.



Sec. 678.21  Gear restrictions.

    A drift gillnet with a total length of 2.5 km or more may not be 
used to fish for shark. A vessel using or having aboard a drift gillnet 
with a total length of 2.5 km or more may not possess a shark.

[59 FR 52457, Oct. 18, 1994]



Sec. 678.22  Harvest limitations.

    (a) Finning. (1) The practice of ``finning,'' that is, removing only 
the fins and returning the remainder of the shark to the sea, is 
prohibited in the EEZ or aboard a vessel that has been issued a permit 
pursuant to Sec. 678.4.
    (2) Shark fins that are possessed aboard or off-loaded from a 
fishing vessel must be in proper proportion to the weight of carcasses. 
That is, the weight of fins may not exceed five percent of the weight of 
the carcasses. All fins must be weighed in conjunction with the weighing 
of the carcasses at the vessel's first point of landing and such weights 
of the fins landed must be recorded on the weighout slips submitted by 
the vessel owner or operator under Sec. 678.5(a).
    (3) Shark fins may not be possessed aboard a fishing vessel after 
the vessel's first point of landing.
    (b) Release. A shark that is harvested in the EEZ or harvested by a 
vessel that has been issued a permit pursuant to Sec. 678.4 that is not 
retained--
    (1) Must be released in a manner that will ensure maximum 
probability of survival; and
    (2) If caught by hook and line, must be released by cutting the line 
near the hook without removing the fish from the water.
    (c) Vessel trip limits. (1) A vessel that has been issued a permit 
pursuant to Sec. 678.4 may not possess on any trip, or land from any 
trip, large coastal species in excess of 4,000 lb (1,814 kg), dressed 
weight.
    (2) A shark from any of the three management units may not be 
transferred at sea from a vessel issued an Atlantic shark permit issued 
under Sec. 678.4 to any other vessel.

[58 FR 21944, Apr. 26, 1993, as amended at 58 FR 68558, Dec. 28, 1993; 
Redesignated and amended at 59 FR 52457, Oct. 18, 1994]



Sec. 678.23  Bag limits.

    (a) Applicability. The bag limits apply to a person who fishes in 
the EEZ or possesses a shark in or from the EEZ aboard a vessel--
    (1) When the vessel does not have on board a permit issued under 
Sec. 678.4; or
    (2) When the vessel is operating as a charter vessel or headboat.
    (b) Bag limits. Bag limits are as follows:
    (1) Large coastal species and pelagic species, combined--4 per 
fishing vessel per trip; and
    (2) Small coastal species--5 per person per day.
    (c) Combination of bag limits. A person to whom the bag limits apply 
may not

[[Page 349]]

combine a bag limit specified in paragraph (b) of this section with a 
bag or possession limit applicable to state waters.
    (d) Responsibility for the bag limits. The operator of a vessel for 
which the bag limits apply is responsible for the vessel trip limit 
applicable to large coastal species and pelagic species combined, and 
for the cumulative bag limit applicable to small coastal species based 
on the number of persons aboard.
    (e) Transfer of sharks. A person for whom a bag limit specified in 
this section applies may not transfer at sea a shark--
    (1) Taken in the EEZ, regardless of where such transfer takes place; 
or
    (2) In the EEZ, regardless of where such shark was taken.

[58 FR 21944, Apr. 26, 1993. Redesignated at 59 FR 52457, Oct. 18, 1994]



Sec. 678.24  Commercial quotas.

    (a) Applicability. Persons fishing aboard vessels for which vessel 
permits have been issued under Sec. 678.4, except for persons aboard 
vessels that are operating as charter vessels or headboats, are limited 
to the quotas specified in this section. Persons aboard vessels that are 
operating as charter vessels or headboats are limited to the bag limits, 
as specified in Sec. 678.22(a)(2) and (b). Large coastal or pelagic 
species sharks that are sold are counted against the appropriate quota 
for their species group.
    (b) Semiannual quotas. The following commercial quotas apply:
    (1) For the period January 1 through June 30:
    (i) Large coastal species--1,285 metric tons, dressed weight.
    (ii) Pelagic species--290 metric tons, dressed weight.
    (2) For the period July 1 through December 31:
    (i) Large coastal species--1,285 metric tons, dressed weight.
    (ii) Pelagic species--290 metric tons, dressed weight.
    (c) Adjustments to quotas. The Assistant Administrator may adjust a 
semi-annual quota to reflect actual catches during the preceding semi-
annual period. That is, catch in excess of the semi-annual quota in the 
preceding period may be deducted from the current semi-annual quota and 
catch less than the semi-annual quota may be added. Such adjustments to 
semi-annual quotas will be published in the Federal Register. Quotas may 
also be adjusted under the framework procedure for adjustment of 
management measures, as specified in Sec. 678.26.

[58 FR 21944, Apr. 26, 1993. Redesignated at 59 FR 52457, Oct. 18, 1994; 
60 FR 21469, May 2, 1995]



Sec. 678.25  Closures.

    (a) When a commercial quota specified in Sec. 678.24(b) is reached, 
or is projected to be reached, the Assistant Administrator will publish 
a notice to that effect in the Federal Register. The effective date of 
such notice will be at least 5 days after the date such notice is filed 
with the Office of the Federal Register.
    (1) On the effective date of such notice, for the remainder of the 
semi-annual period.
    (i) A person aboard a vessel that has been issued a permit under 
Sec. 678.4 may not retain shark of the species group for which the 
commercial quota has been reached, except as provided in paragraph 
(a)(2) of this section; and
    (ii) The sale, purchase, trade, or barter or attempted sale, 
purchase, trade, or barter of a shark carcass or fin of that species 
group harvested by a person aboard a vessel that has been issued a 
permit under Sec. 678.4 is prohibited.
    (2) A person aboard a charter vessel or headboat that has been 
issued a permit under Sec. 678.4 may retain, subject to the bag limits 
specified in Sec. 678.23(b), shark of the species group for which the 
commercial quota has been reached, provided the vessel is operating as a 
charter vessel or headboat. However, the prohibition of paragraph 
(a)(1)(ii) and of this section regarding sale, purchase, trade, or 
barter, or attempted sale, purchase, trade, or barter, apply to such 
shark.
    (b) The prohibition of paragraph (a)(1)(ii) of this section 
regarding sale, purchase, trade, or barter, or attempted sale, purchase, 
trade, or barter, by a dealer does not apply to trade in shark carcasses 
or fins that were harvested, off-loaded, and sold, traded,

[[Page 350]]

or bartered, prior to the effective date of the notice in the Federal 
Register, and were held in storage by a dealer or processor.

[58 FR 21944, Apr. 26, 1993. Redesignated and amended at 59 FR 52457, 
Oct. 18, 1994]



Sec. 678.26  Restrictions on sale upon landing.

    Subject to the restrictions of Sec. 678.25,
    (a) Upon landing, meat or fins from a shark from the management unit 
may be sold, traded, or bartered, or attempted to be sold, traded, or 
bartered, only by an owner or operator of a vessel that has been issued 
a permit pursuant to Sec. 678.4, except that this does not apply to a 
shark harvested from a vessel that has not been issued a permit under 
this part and that fished exclusively within the waters under the 
jurisdiction of any state.
    (b) Upon landing, meat or fins from a shark from the management unit 
may be purchased, traded, or bartered, or attempted to be purchased, 
traded, or bartered, only from the owner or operator of a vessel that 
has been issued a permit pursuant to Sec. 678.4, except that this does 
not apply to a shark harvested from a vessel that has not been issued a 
permit under this part and that fished exclusively within the waters 
under the jurisdiction of any state.
    (c) Fins from a shark harvested in the EEZ, or by a vessel that has 
been issued a permit under Sec. 678.4, that are disproportionate to the 
weight of carcasses landed (see Sec. 678.22(a)(2)) may not be sold, 
purchased, traded, or bartered or attempted to be sold, purchased, 
traded, or bartered.
    (d) A shark from the management unit may be sold, traded, or 
bartered, or attempted to be sold, traded, or bartered, only to a dealer 
having a permit under Sec. 678.4, except that this does not apply to a 
shark harvested from a vessel that has not been issued a permit under 
this part and that fished exclusively within the waters under the 
jurisdiction of any state.

[58 FR 21944, Apr. 26, 1993. Redesignated and amended at 59 FR 52457, 
Oct. 18, 1994]



Sec. 678.27  Adjustment of management measures.

    In accordance with the framework regulatory adjustment procedures 
specified in the FMP, the Assistant Administrator may establish or 
modify for species or species groups in the shark fishery the following: 
maximum sustainable yield, total allowable catch, quotas, trip limits, 
bag limits, size limits, the fishing year or fishing season, the species 
of sharks managed and the specification of the species groups to which 
they belong, and permitting and reporting requirements.

[58 FR 21944, Apr. 26, 1993. Redesignated at 59 FR 52457, Oct. 18, 1994]



Sec. 678.28  Specifically authorized activities.

    The Assistant Administrator may authorize, for the acquisition of 
information and data, activities otherwise prohibited by these 
regulations.

[58 FR 21944, Apr. 26, 1993. Redesignated at 59 FR 52457, Oct. 18, 1994]



PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--Table of Contents




                           Subpart A--General

Sec.
679.1  Purpose and scope.
679.2  Definitions.
679.3  Relation to other laws.
679.4  Permits.
679.5  Recordkeeping and reporting.
679.6  Experimental fisheries.
679.7  Prohibitions.
679.8  Facilitation of enforcement.
679.9  Penalties.

                     Subpart B--Management Measures

679.20  General limitations.
679.21  Prohibited species bycatch management.
679.22  Closures.
679.23  Seasons.
679.24  Gear limitations.
679.25  Inseason adjustments.
679.26  Salmon Donation Program.

      Subpart C--Western Alaska Community Development Quota Program

679.30  General CDQ regulations.
679.31  CDQ reserve.
679.32  Estimation of total pollock harvest in the CDQ fisheries 
          (applicable through December 31, 1998).
679.33  Halibut and sablefish CDQ.
679.34  CDQ halibut and sablefish determinations and appeals.

[[Page 351]]

         Subpart D--Individual Fishing Quota Management Measures

679.40  Sablefish and halibut QS.
679.41  Transfer of QS and IFQ.
679.42  Limitations on use of QS and IFQ.
679.43  Determinations and appeals.
679.44  Penalties.

 Subpart E--Observer Requirements/North Pacific Fisheries Research Plan

679.50  Research Plan fee.
679.51  General observer requirements (applicable through December 31, 
          1996).
679.52  Observer coverage requirements for Research Plan fisheries 
          (applicable after December 31, 1996).
679.53  Annual Research Plan specifications.
679.54  Compliance.

                  Subpart F--Scallop Fishery Off Alaska

679.60  Gear and efficiency limits.
679.61  Registration areas.
679.62  General limitations.
679.63  Inseason adjustments.
679.64  Seasons.
679.65  Observer requirements.
Figures--Part 679
Figure 1--BSAI Statistical and Reporting Areas
Figure 2--BSAI Catcher Vessel Operational Area
Figure 3--Gulf of Alaska Statistical and Reporting Areas
Figure 4--Herring Savings Areas in the BSAI
Figure 5--Kodiak Island Areas Closed to Nonpelagic Trawl Gear
Figure 6--Length Overall of a Vessel
Figure 7--Location of Trawl Gear Test Areas in the GOA and the BSAI
Tables--Part 679
Table 1--Product Codes
Table 2--Species Codes
Table 3--Product Recovery Rates for Groundfish Species
Table 4--Bering Sea Subarea Steller Sea Lion Protection Areas
Table 5--Aleutian Islands Subarea Steller Sea Lion Protection Areas
Table 6--Gulf of Alaska Steller Sea Lion Protection Areas
Table 7--Communities Determined to be Eligible to Apply for Community 
          Development Quotas
Table 8--Harvest Zone Codes for Use with Product Transfer Reports and 
          Vessel Activity Reports
Table 9--Required Logbooks, Reports, and Forms from Participants in the 
          Federal Groundfish Fisheries
Table 10--Gulf of Alaska Retainable Percentages
Table 11--Bering Sea and Aleutian Islands Management Area Retainable 
          Percentages

    Authority: 16 U.S.C. 773 et seq., 1801 et seq.

    Source: 61 FR 31230, June 19, 1996, unless otherwise noted.



                           Subpart A--General



Sec. 679.1   Purpose and scope.

    Regulations in this part were developed by the Council under the 
Magnuson Act. Along with part 600 of this chapter, these regulations 
implement the following:
    (a) Fishery Management Plan for Groundfish of the Gulf of Alaska. 
(1) Regulations in this part govern commercial fishing for groundfish in 
the GOA by vessels of the United States (see subparts A, B, D, and E of 
this part).
    (2) The following State of Alaska regulations are not preempted by 
this part for vessels regulated under this part fishing for demersal 
shelf rockfish in the Southeast Outside District, and which are 
registered under the laws of the State of Alaska: 5 AAC 28.110, fishing 
seasons; 5 AAC 28.130, gear; 5 AAC 28.160, harvest guidelines; 5 AAC 
28.190, harvest of bait by commercial permit holders.
    (b) Fishery Management Plan for the Groundfish Fishery of the Bering 
Sea and Aleutian Islands Area. Regulations in this part govern 
commercial fishing for groundfish in the BSAI by vessels of the United 
States (see subparts A, B, C, D, and E of this part).
    (c) Moratorium on entry (applicable through December 31, 1998). 
Regulations in this part govern a moratorium on the entry of new vessels 
in the commercial fisheries for groundfish in the GOA and BSAI and in 
the commercial fisheries for king and Tanner crabs in the BSAI (see 
subparts A and D of this part).
    (d) IFQ Program for sablefish and halibut. The IFQ management plan 
for the commercial fisheries that use fixed gear to harvest sablefish 
and halibut (see subparts A, B, D, and E of this part).
    (1) Sablefish. (i) Regulations in this part govern commercial 
fishing for sablefish by vessels of the United States:
    (A) Using fixed gear within that portion of the GOA and the BSAI 
over which the United States exercises exclusive fishery management 
authority; and

[[Page 352]]

    (B) Using fixed gear in waters of the State of Alaska adjacent to 
the BSAI and the GOA, provided that such fishing is conducted by persons 
who have been issued permits under Sec. 679.4.
    (ii) Regulations in this part do not govern commercial fishing for 
sablefish in Prince William Sound or under a State of Alaska limited 
entry program.
    (2) Halibut. Regulations in this part govern commercial fishing for 
halibut by vessels of the United States using fixed gear, as that term 
is described in 16 U.S.C. 773(d), in and off of Alaska.
    (e) Western Alaska CDQ Program. The goals and purpose of the CDQ 
program are to allocate CDQ to eligible Western Alaska communities to 
provide the means for starting or supporting commercial seafood 
activities that will result in ongoing, regionally based, commercial 
seafood or related businesses (see subparts A, B, C, and E of this 
part).
    (f) Observer requirements/Research Plan. Regulations in this part 
govern elements of the Research Plan for the following fisheries under 
the Council's authority: BSAI groundfish, GOA groundfish, BSAI king and 
Tanner crab in the EEZ; and halibut from Convention waters off Alaska 
(see subpart E of this part).
    (g) Fishery Management Plan for the Commercial King and Tanner Crab 
Fisheries in the BSAI. Regulations in this part govern commercial 
fishing for king and Tanner crab in the BSAI by vessels of the United 
States, including regulations superseding State of Alaska regulations 
applicable to the commercial king and Tanner crab fisheries in the BSAI 
EEZ that are determined to be inconsistent with the FMP (see subparts A, 
B, and E of this part).
    (h) Fishery Management Plan for the Scallop Fishery off Alaska. (1) 
Regulations in this part govern commercial fishing for scallops in the 
Federal waters off Alaska by vessels of the United States (see subparts 
A and F of this part).
    (2) State of Alaska laws that are in addition to, and not in 
conflict with, the regulations in this part are not preempted for 
vessels registered under the laws of the State fishing for scallops in 
the Federal waters off Alaska.

[61 FR 31230, June 19, 1996, as amended at 61 FR 38103, July 23, 1996]



Sec. 679.2  Definitions.

    In addition to the definitions in the Magnuson Act and in part 600 
of this chapter, the terms used in this part have the following 
meanings:
    Active/inactive periods--(1) Active periods--(i) Catcher vessel. An 
active period for a catcher vessel means a period of time when the 
catcher vessel is in a reporting area (except 300, 400, 550, or 690) or 
gear remains on the grounds in a reporting area (except 300, 400, 550, 
or 690), regardless of the vessel location.
    (ii) Shoreside processor, mothership, catcher/processor, and buying 
station. An active period for a shoreside processor, mothership, 
catcher/processor, and buying station means a period of time when 
checked in.
    (2) Inactive periods--(i) Catcher vessel. An inactive period for a 
catcher vessel means any period that does not qualify as an active 
period.
    (ii) Shoreside processor, mothership, catcher/processor, or buying 
station. An inactive period for a shoreside processor, mothership, 
catcher/processor, or buying station means a period of time when not 
checked in.
    ADF&G means the State of Alaska Department of Fish and Game.
    Alaska local time (A.l.t.) means the current Alaska time, either 
daylight savings time or standard time.
    Alaska State waters means waters adjacent to the State of Alaska and 
shoreward of the EEZ off Alaska.
    Aleutian Islands Subarea (AI) of the BSAI means that portion of the 
EEZ contained in Statistical Areas 541, 542, and 543 (see Figure 1 of 
this part).
    Authorized distributor means a tax-exempt organization authorized by 
NMFS to coordinate the processing, storage, transportation, and 
distribution of salmon taken as bycatch in the groundfish trawl 
fisheries to tax-exempt hunger relief agencies, food bank networks, and 
food bank distributors.
    Authorized fishing gear means dive, fixed gear, hook-and-line, jig, 
longline, longline pot, nonpelagic trawl, nontrawl, pelagic trawl, pot-
and-line,

[[Page 353]]

scallop dredge, and trawl defined as follows:
    (1) Dive means any scuba or surface supported diving equipment that 
allows for the underwater harvest of scallops by divers, or the taking 
of scallops by means of such gear.
    (2) Fixed gear means:
    (i) For sablefish harvested from any GOA reporting area, all hook-
and-line gear and, for purposes of determining initial IFQ allocation, 
all pot gear used to make a legal landing.
    (ii) For sablefish harvested from any BSAI reporting area, all hook-
and-line gear and all pot gear.
    (iii) For halibut harvested from any IFQ regulatory area, all 
fishing gear comprised of lines with hooks attached, including one or 
more stationary, buoyed, and anchored lines with hooks attached.
    (3) Hook-and-line means a stationary, buoyed, and anchored line with 
hooks attached, or the taking of fish by means of such a device.
    (4) Jig means a single, non-buoyed, non-anchored line with hooks 
attached, or the taking of fish by means of such a device.
    (5) Longline means a stationary, buoyed, and anchored line with 
hooks or two or more groundfish pots attached, or the taking of fish by 
means of such a device.
    (6) Longline pot means a stationary, buoyed, and anchored line with 
two or more pots attached, or the taking of fish by means of such a 
device.
    (7) Nonpelagic trawl means a trawl other than a pelagic trawl.
    (8) Nontrawl means hook-and-line, jig, longline, and pot-and-line 
gear.
    (9) Pelagic trawl means a trawl that:
    (i) Has no discs, bobbins, or rollers;
    (ii) Has no chafe protection gear attached to the footrope or 
fishing line;
    (iii) Except for the small mesh allowed under paragraph (9)(ix) of 
this definition:
    (A) Has no mesh tied to the fishing line, headrope, and breast lines 
with less than 20 inches (50.8 cm) between knots and has no stretched 
mesh size of less than 60 inches (152.4 cm) aft from all points on the 
fishing line, headrope, and breast lines and extending past the fishing 
circle for a distance equal to or greater than one half the vessel's 
LOA; or
    (B) Has no parallel lines spaced closer than 64 inches (162.6 cm) 
from all points on the fishing line, headrope, and breast lines and 
extending aft to a section of mesh, with no stretched mesh size of less 
than 60 inches (152.4 cm) extending aft for a distance equal to or 
greater than one half the vessel's LOA;
    (iv) Has no stretched mesh size less than 15 inches (38.1 cm) aft of 
the mesh described in paragraph (9)(iii) of this definition for a 
distance equal to or greater than one half the vessel's LOA;
    (v) Contains no configuration intended to reduce the stretched mesh 
sizes described in paragraphs (9)(iii) and (iv) of this definition;
    (vi) Has no flotation other than floats capable of providing up to 
200 lb (90.7 kg) of buoyancy to accommodate the use of a net-sounder 
device;
    (vii) Has no more than one fishing line and one footrope for a total 
of no more than two weighted lines on the bottom of the trawl between 
the wing tip and the fishing circle;
    (viii) Has no metallic component except for connectors (e.g., 
hammerlocks or swivels) or a net-sounder device aft of the fishing 
circle and forward of any mesh greater than 5.5 inches (14.0 cm) 
stretched measure;
    (ix) May have small mesh within 32 ft (9.8 m) of the center of the 
headrope as needed for attaching instrumentation (e.g., net-sounder 
device); and
    (x) May have weights on the wing tips.
    (10) Pot-and-line means a stationary, buoyed line with a single pot 
attached, or the taking of fish by means of such a device.
    (11) Scallop dredge means gear consisting of a mouth frame attached 
to a holding bag constructed of metal rings, or any modification to this 
design that can be or is used in the harvest of scallops, or the taking 
of scallops by means of such gear.
    (12) Trawl has the meaning specified in Sec. 600.10 of this chapter. 
For purposes of this part, this definition includes, but is not limited 
to, Danish seines and otter trawls.
    Basis species means any species or species group that is open to 
directed

[[Page 354]]

fishing that the vessel is authorized to harvest.
    Bering Sea and Aleutian Islands Management Area (BSAI) means the 
Bering Sea and Aleutian Islands subareas (see Figure 1 of this part).
    Bering Sea Subarea of the BSAI means that portion of the EEZ 
contained in Statistical Areas 508, 509, 512, 513, 514, 516, 517, 518, 
519, 521, 523, 524, and 530 (see Figure 1 of this part).
    Bimonthly refers to a time period equal to 2 calendar months. For 
purposes of the Research Plan, six consecutive bimonthly periods are 
established each year, as follows: January 1--February 29; March 1--
April 30; May 1--June 30; July 1--August 31; September 1--October 31; 
and November 1--December 31.
    Bogoslof District means that part of the Bering Sea Subarea 
contained in Statistical Area 518 (see Figure 1 of this part).
    Breast line means the rope or wire running along the forward edges 
of the side panels of a net, or along the forward edge of the side rope 
in a rope trawl.
    Buying station means:
    (1) With respect to groundfish recordkeeping and reporting, a person 
or vessel that receives unprocessed groundfish from a vessel for 
delivery at a different location to a shoreside processor or mothership 
and that does not process those fish.
    (2) With respect to Research Plan, a person or vessel that receives 
unprocessed fish from a vessel for delivery to a shoreside processor or 
mothership and that does not process those fish.
    Bycatch Limitation Zone 1 (Zone 1) means that part of the Bering Sea 
Subarea that is contained within the boundaries of Statistical Areas 
508, 509, 512, and 516 (see Figure 1 of this part).
    Bycatch Limitation Zone 2 (Zone 2) means that part of the Bering Sea 
Subarea that is contained within the boundaries of Statistical Areas 
513, 517, and 521 (see Figure 1 of this part).
    Bycatch rate means:
    (1) For purposes of Sec. 679.21(f) with respect to halibut, means 
the ratio of the total round weight of halibut, in kilograms, to the 
total round weight, in metric tons, of groundfish for which a TAC has 
been specified under Sec. 679.20 while participating in any of the 
fisheries defined under Sec. 679.21(f).
    (2) For purposes of Sec. 679.21(f) with respect to red king crab, 
means the ratio of number of red king crab to the total round weight, in 
metric tons, of BSAI groundfish for which a TAC has been specified under 
Sec. 679.20 while participating in the BSAI yellowfin sole and BSAI 
``other trawl'' fisheries, as defined under Sec. 679.21(f).
    Bycatch species means any species or species group for which a 
maximum retainable bycatch amount is calculated.
    Catcher/processor means:
    (1) With respect to groundfish recordkeeping and reporting, a vessel 
that is used for catching fish and processing that fish.
    (2) (Applicable through December 31, 1998). With respect to 
moratorium groundfish or crab species, a vessel that can be used as a 
catcher vessel and that can process or prepare fish to render it 
suitable for human consumption, industrial use, or long-term storage, 
including, but not limited to, cooking, canning, smoking, salting, 
drying, freezing, and rendering into meal or oil, but not including 
heading and gutting unless additional preparation is done.
    (3) With respect to Research Plan fisheries, a processor vessel that 
is used for, or equipped to be used for, catching fish and processing 
that fish.
    Catcher vessel means:
    (1) With respect to groundfish recordkeeping and reporting, a vessel 
that is used for catching fish and that does not process on board.
    (2) (Applicable through December 31, 1998). With respect to 
moratorium groundfish, as defined in paragraph (1) of this definition; 
with respect to moratorium crab species, a vessel that is used to catch, 
take, or harvest moratorium crab species that are retained on board as 
fresh fish product at any time.
    (3) [Reserved]
    (4) With respect to the Research Plan, a vessel that is used for 
catching fish and processing that fish.
    Catcher Vessel Operational Area (CVOA) (see Figure 2 of this part 
and Sec. 679.22(a)(5)).
    CBL means crab bycatch limit.

[[Page 355]]

    Central Aleutian District means that part of the Aleutian Islands 
Subarea contained in Statistical Area 542 (see Figure 1 of this part).
    Chief, RAM Division means Chief of the Restricted Access Management 
Division, NMFS, Alaska Region.
    Chinook Salmon Savings Area of the BSAI (see 
Sec. 679.21(e)(7)(vii)(B)).
    Chum Salmon Savings Area of the BSAI CVOA (see 
Sec. 679.21(e)(7)(vi)(B)).
    Clearing officer means a NMFS special agent, a NMFS fishery 
enforcement officer, or a NMFS enforcement aide who performs the 
function of clearing vessels at one of the primary ports listed in 
Sec. 679.5(l)(3)(viii).
    Commissioner of ADF&G means the principal executive officer of 
ADF&G.
    Community Development Plan (CDP)(applicable through December 31, 
1998) means a business plan for the development of a specific Western 
Alaska community or group of communities under the CDQ Program at 
Sec. 679.30.
    Community Development Quota (CDQ) (applicable through December 31, 
1998) means a percentage of the CDQ reserve for a particular fish 
species that is allocated to a CDP.
    Community Development Quota Program (CDQ Program) (applicable 
through December 31, 1998) means the Western Alaska Community 
Development Quota Program implemented under subpart C of this part.
    Community Development Quota Reserve (CDQ Reserve) (applicable 
through December 31, 1998) means a percentage of the TAC for a 
particular management area for pollock, halibut, or hook-and-line 
sablefish that has been set aside for purposes of the CDQ program.
    Council means North Pacific Fishery Management Council.
    Daily reporting period or day is the period from 0001 hours, A.l.t., 
until the following 2400 hours, A.l.t.
    Directed fishing means:
    (1) With respect to groundfish recordkeeping and reporting, any 
fishing activity that results in the retention of an amount of a species 
or species group on board a vessel that is greater than the maximum 
retainable bycatch amount for that species or species group as 
calculated under Sec. 679.20.
    (2) (Applicable through December 31, 1998). With respect to 
moratorium groundfish species, directed fishing as defined in paragraph 
(1) of this definition, or, with respect to moratorium crab species, the 
catching and retaining of any moratorium crab species.
    Dockside sale means the transfer of IFQ halibut or IFQ sablefish 
from the person who harvested it to individuals for personal 
consumption, and not for resale.
    Donut Hole means the international waters of the Bering Sea outside 
the limits of the EEZ and Russian economic zone as depicted on the 
current edition of NOAA chart INT 813 Bering Sea (Southern Part).
    Eastern Aleutian District means that part of the Aleutian Islands 
Subarea contained in Statistical Area 541 (see Figure 1 of this part).
    Exvessel price means the price in dollars received by a harvester 
for fish from Research Plan fisheries. Exvessel price excludes any value 
added by processing.
    Federal waters means waters within the EEZ off Alaska.
    Fee percentage means the annually calculated assessment rate, in 
percent of exvessel value of Research Plan fisheries, used to determine 
fee assessments under the Research Plan.
    Fish product weight means the weight of the fish product in pounds 
or to at least the nearest hundredth of a metric ton (0.01 mt). Fish 
product weight is based upon the number of production units and the 
weight of those units. Production units include pans, cartons, blocks, 
trays, cans, bags, and individual fresh or frozen fish. The weight of a 
production unit is the average weight of representative samples of the 
product, and may include additives, but not packaging. Any allowance for 
water added cannot exceed 5 percent of the gross product weight (fish, 
additives, and water).
    Fishermen means persons who catch, take, or harvest fish.
    Fishing circle means the circumference of a trawl intersecting the 
center point on a fishing line, and that is perpendicular to the long 
axis of a trawl.
    Fishing day means a 24-hour period, from 0001 hours, A.l.t., through 
2400 hours, A.l.t., in which fishing gear is retrieved and groundfish, 
halibut, or

[[Page 356]]

king or Tanner crab are retained. Days during which a vessel only 
delivers unsorted codends to a processor are not fishing days.
    Fishing line means a length of chain or wire rope in the bottom 
front end of a trawl to which the webbing or lead ropes are attached.
    Fishing month refers to a time period calculated on the basis of 
weekly reporting periods as follows: Each fishing month begins on the 
first day of the first weekly reporting period that has at least 4 days 
in the associated calendar month and ends on the last day of the last 
weekly reporting period that has at least 4 days in that same calendar 
month. Dates of each fishing month will be announced in the Federal 
Register published under Sec. 679.21(f)(5).
    Fishing trip means:
    (1) With respect to groundfish directed fishing standards, an 
operator of a vessel is engaged in a fishing trip from the time the 
harvesting, receiving, or processing of groundfish is begun or resumed 
until:
    (i) The offload or transfer of all groundfish or groundfish product 
from that vessel;
    (ii) The vessel enters or leaves an area to which a directed fishing 
prohibition applies; or
    (iii) The end of a weekly reporting period, whichever comes first.
    (2) With respect to the IFQ Program, the period beginning when a 
vessel operator commences harvesting IFQ species and ending when the 
vessel operator lands any species.
    (3) With respect to the Research Plan, one of the following:
    (i) For a vessel used to process groundfish or a catcher vessel used 
to deliver groundfish to a mothership, a weekly reporting period during 
which one or more fishing days occur.
    (ii) For a catcher vessel used to deliver fish to other than a 
mothership, the time period during which one or more fishing days occur, 
that starts on the day when fishing gear is first deployed and ends on 
the day the vessel offloads groundfish, halibut, or king or Tanner crab; 
returns to an Alaskan port; or leaves the EEZ off Alaska and adjacent 
waters of the State of Alaska.
    Fishing year means 0001 hours, A.l.t., on January 1, through 2400 
hours, A.l.t., on December 31 (see Sec. 679.23).
    Food bank distributor means a tax-exempt organization with the 
primary purpose of distributing food resources to hunger relief 
agencies.
    Food bank network means a tax-exempt organization with the primary 
purpose of coordinating receipt and delivery of food resources to its 
member food bank distributors or hunger relief agencies.
    Footrope means a chain or wire rope attached to the bottom front end 
of a trawl and attached to the fishing line.
    Gear deployment means:
    (1) For trawl gear: Where the trawl gear reaches the fishing level 
and begins to fish.
    (2) For jig/troll, hook-and-line, or longline gear: Where the gear 
enters the water.
    (3) For pot-and-line gear: Where the first pot enters the water.
    Gear retrieval means:
    (1) For trawl gear: Where retrieval of trawl cable commences.
    (2) For jig/troll gear: Where the jig/troll gear leaves the water.
    (3) For hook-and-line or longline pot gear: Where the last hook-and-
line or longline pot gear of a set leaves the water, regardless of where 
the majority of the haul or set took place.
    (4) For pot-and-line gear: Where the last pot of a set leaves the 
water.
    Governor means the Governor of the State of Alaska.
    Groundfish means target species and the ``other species'' category, 
specified annually pursuant to Sec. 679.20(a)(2).
    Gulf of Alaska (GOA) means that portion of the EEZ contained in 
Statistical Areas 610, 620, 630, 640, and 650 (see Figure 3 of this 
part).
    Halibut means Pacific halibut (Hippoglossus stenolepis).
    Halibut CDQ reserve means the amount of the halibut catch limit for 
IPHC regulatory areas 4B, 4C, 4D, and 4E that is reserved for the 
halibut CDQ program (see Sec. 679.31(b)).
    Harvesting or to harvest means the catching and retaining of any 
fish.
    Headrope means a rope bordering the top front end of a trawl.
    Herring Savings Area means any of three areas in the BSAI presented 
in

[[Page 357]]

Figure 4 (see also Sec. 679.21(e)(7)(v) for additional closure 
information).
    Hunger relief agency means a tax-exempt organization with the 
primary purpose of feeding economically disadvantaged individuals free 
of charge.
    Individual means a natural person who is not a corporation, 
partnership, association, or other such entity.
    Individual fishing quota (IFQ) means the annual catch limit of 
sablefish or halibut that may be harvested by a person who is lawfully 
allocated a harvest privilege for a specific portion of the TAC of 
sablefish or halibut.
    IFQ crew member means any individual who has at least 150 days 
experience working as part of the harvesting crew in any U.S. commercial 
fishery, or any individual who receives an initial allocation of QS. For 
purposes of this definition, ``harvesting'' means work that is directly 
related to the catching and retaining of fish. Work in support of 
harvesting, but not directly involved with harvesting, is not considered 
harvesting crew work. For example, searching for fish, work on a fishing 
vessel only as an engineer or cook, or work preparing a vessel for a 
fishing trip would not be considered work of a harvesting crew.
    IFQ halibut means any halibut that is harvested with fixed gear in 
any IFQ regulatory area.
    IFQ landing means the unloading or transferring of any IFQ halibut, 
IFQ sablefish, or products thereof from the vessel that harvested such 
fish.
    IFQ regulatory area means:
    (1) With respect to IFQ halibut, areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 
or 4E as prescribed in the annual management measures published in the 
Federal Register pursuant to Sec. 300.62 of chapter III of this title.
    (2) With respect to IFQ sablefish, any of the three regulatory areas 
in the GOA and any subarea of the BSAI, and all waters of the State of 
Alaska between the shore and the inshore boundary of such regulatory 
areas and subareas, except waters of Prince William Sound and areas in 
which sablefish fishing is managed under a State of Alaska limited entry 
program.
    IFQ sablefish means any sablefish that is harvested with fixed gear, 
either in the EEZ off Alaska or in waters of the State of Alaska, by 
persons holding an IFQ permit, but does not include sablefish harvested 
in Prince William Sound or under a State of Alaska limited entry 
program.
    Inshore component (applicable through December 31, 1998) means the 
following three categories of the U.S. groundfish fishery that process 
pollock harvested in a directed fishery for pollock in the GOA or BSAI, 
or Pacific cod harvested in a directed fishery for Pacific cod in the 
GOA, or both:
    (1) Shoreside processing operations.
    (2) Vessels less than 125 ft (38.1 m) in LOA, that process no more 
than 126 mt per week in round-weight equivalents of an aggregate amount 
of those fish.
    (3) Vessels that process those fish at a single geographic location 
in Alaska State waters during a fishing year. For the purposes of this 
definition, NMFS will determine the single geographic location in a 
fishing year for an individual processor from the geographic coordinates 
the vessel operator reports on the check-in report (Sec. 679.5(h)) when 
that vessel first engages in processing those fish.
    IPHC means International Pacific Halibut Commission (see part 300 of 
chapter III of this title).
    King crab means red king crab (Paralithodes camtschatica), blue king 
crab (P. platypus), brown (or golden) king crab (Lithodes aequispina), 
and scarlet (or deep sea) king crab (Lithodes couesi).
    Landing means offloading fish.
    Legal landing (applicable through December 31, 1998) means any 
amount of a moratorium species that was or is landed in compliance with 
Federal and state commercial fishing regulations in effect at the time 
of the landing.
    Legal landing of halibut or sablefish (see Sec. 679.40(a)(3)(v)).
    Length overall (LOA) of a vessel means the horizontal distance, 
rounded to the nearest foot, between the foremost part of the stem and 
the aftermost part of the stern, excluding bowsprits, rudders, outboard 
motor brackets, and similar fittings or attachments (see Figure 6 of 
this part; see also maximum LOA, original qualifying LOA, and 
reconstruction).

[[Page 358]]

    Logbook means Daily Cumulative Production Logbook (DCPL), Daily 
Cumulative Logbook (DCL), or a Daily Fishing Logbook (DFL) required by 
Sec. 679.5.
    Lost or destroyed vessel (applicable through December 31, 1998) 
means a vessel that has sunk at sea or has been destroyed by fire or 
other accident and has been reported to the USCG on USCG Form 2692, 
Report of Marine Casualty.
    Management area means any district, regulatory area, subpart, part, 
or the entire GOA or BSAI.
    Manager, with respect to any shoreside processor or buying station, 
means the individual responsible for the operation of the shoreside 
processor operation or buying station.
    Maximum LOA (applicable through December 31, 1998), with respect to 
a vessel's eligibility for a moratorium permit, means:
    (1) Except for a vessel under reconstruction on June 24, 1992, if 
the original qualifying LOA is less than 125 ft (38.1 m) LOA, 1.2 times 
the original qualifying LOA or 125 ft (38.1 m), whichever is less.
    (2) Except for a vessel under reconstruction on June 24, 1992, if 
the original qualifying LOA is equal to or greater than 125 ft (38.1 m), 
the original qualifying LOA.
    (3) For an original qualifying vessel under reconstruction on June 
24, 1992, the LOA on the date reconstruction was completed, provided 
that maximum LOA is certified under Sec. 679.4(c)(9).
    Moratorium crab species (applicable through December 31, 1998) means 
species of king or Tanner crabs harvested in the BSAI, the commercial 
fishing for which is governed by this part.
    Moratorium groundfish species (applicable through December 31, 1998) 
means species of groundfish, except sablefish caught with fixed gear, 
harvested in the GOA or in the BSAI, the commercial fishing for which is 
governed by this part.
    Moratorium qualification (applicable through December 31, 1998) 
means a transferable prerequisite for a moratorium permit.
    Moratorium species (applicable through December 31, 1998) means any 
moratorium crab species or moratorium groundfish species.
    Mothership means:
    (1) A vessel that receives and processes groundfish from other 
vessels; or
    (2) With respect to the Research Plan, a processor vessel that 
receives and processes fish from other vessels and is not used for, or 
equipped to be used for, catching fish.
    Net-sounder device means a sensor used to determine the depth from 
the water surface at which a fishing net is operating.
    Non-allocated or nonspecified species means those fish species, 
other than prohibited species, for which TAC has not been specified 
(e.g., grenadier, prowfish, lingcod).
    Observed or observed data refers to data collected by observers who 
are certified under the NMFS Observer Program (see Sec. 679.21(f)(7) and 
subpart E of this part).
    Observer means any person certified under the NMFS Observer Program 
(see subpart E of this part).
    Offshore component (applicable through December 31, 1998) means all 
vessels not included in the definition of ``inshore component'' that 
process pollock caught in directed fisheries for pollock in the GOA or 
BSAI, or Pacific cod caught in directed fisheries for Pacific cod in the 
GOA, or both.
    Optimum yield (OY) (see Sec. 679.20(a)(1)).
    Original qualifying LOA (applicable through December 31, 1998) means 
the LOA of the original moratorium qualifying vessel on June 24, 1992.
    Original qualifying vessel (applicable through December 31, 1998) 
means a vessel that made a legal landing during the moratorium 
qualifying period.
    Other species is a category that consists of groundfish species in 
each management area that are not specified as target species (see Table 
1 of the specifications provided at Sec. 679.20(c)).
    Person means:
    (1) (Applicable through December 31, 1998). For purposes of the 
moratorium, any individual who is a citizen of the United States or any 
U.S. corporation, partnership, association, or other entity (or their 
successor in interest), whether or not organized or existing under the 
laws of any state.

[[Page 359]]

    (2) For purposes of IFQ species, any individual who is a citizen of 
the United States or any corporation, partnership, association, or other 
entity (or their successor in interest), whether or not organized or 
existing under the laws of any state, who is a U.S. citizen.
    Pollock roe means product consisting of pollock eggs, either loose 
or in sacs or skeins.
    Processing, or to process, means the preparation of fish to render 
it suitable for human consumption, industrial uses, or long-term 
storage, including but not limited to cooking, canning, smoking, 
salting, drying, freezing, or rendering into meal or oil, but does not 
mean icing, bleeding, heading, or gutting.
    Processor means, with respect to the Research Plan, any shoreside 
processor or vessel that processes fish, any person who receives fish 
from fishermen for commercial purposes, any fisherman who transfers fish 
outside of the United States, and any fisherman who sells fish directly 
to a restaurant or to an individual for use as bait or personal 
consumption. Processor does not include a buying station or a 
restaurant, or a person who receives fish from fishermen for personal 
consumption or bait.
    Processor vessel means, unless otherwise restricted, any vessel that 
has been issued a Federal fisheries permit and that can be used for 
processing groundfish.
    Prohibited species catch (PSC) means any of the species listed in 
Sec. 679.21(b).
    PRR means standard product recovery rate (see Table 3 of this part).
    Qualified applicant (see Western Alaska CDQ Program, 
Sec. 679.30(d)(6)).
    Qualified person (see IFQ Management Measures, Sec. 679.40(a)(2)).
    Qualifying period (applicable through December 31, 1998) means the 
period to qualify for the moratorium from January 1, 1988, through 
February 9, 1992.
    Quarter, or quarterly reporting period, means one of four successive 
3-month periods, which begin at 0001 hours, A.l.t., on the first day of 
each quarter, and end at 2400 hours, A.l.t., on the last day of each 
quarter, as follows:
    (1) 1st quarter: January 1 through March 31.
    (2) 2nd quarter: April 1 through June 30.
    (3) 3rd quarter: July 1 through September 30.
    (4) 4th quarter: October 1 through December 31.
    Quota share (QS) means a permit, the face amount of which is used as 
a basis for the annual calculation of a person's IFQ.
    Reconstruction (applicable through December 31, 1998) means a change 
in the LOA of the vessel from its original qualifying LOA.
    Regional Director, for purposes of this part, means the Director, 
Alaska Region, NMFS, as defined at Sec. 600.10 of this chapter, or a 
designee.
    Regulatory area means any of three areas of the EEZ in the GOA (see 
Figure 3 of this part).
    Reporting area means any of the areas described in Figures 1 and 3 
of this part.
    Research Plan means the North Pacific Fisheries Research Plan 
developed by the North Pacific Fishery Management Council under the 
Magnuson Act.
    Research Plan fisheries means the following fisheries: BSAI 
groundfish, GOA groundfish, BSAI king and Tanner crab, and halibut from 
convention waters off Alaska.
    Resident fisherman (see Sec. 679.30(d)(7)).
    Retained catch means the catch retained by a processor, in round 
weight or round-weight equivalents, from Research Plan fisheries.
    Round weight or round-weight equivalent, for purposes of this part, 
means:
    (1) For groundfish or halibut: The weight of fish calculated by 
dividing the weight of the primary product made from that fish by the 
standard PRR for that primary product as listed in Table 3 of this part, 
or, if not listed, the weight of fish calculated by dividing the weight 
of a primary product by the standard PRR as determined using the best 
available evidence on a case-by-case basis.
    (2) For BSAI crab processed by catcher/processors: The scale weight 
of a subsample multiplied by the number of subsamples comprising the 
retained catch.
    (3) For BSAI crab processed by mothership or shoreside processors: 
The scale weights of retained catches.

[[Page 360]]

    Sablefish (black cod) means Anoplopoma fimbria.
    Sablefish CDQ reserve means 20 percent of the sablefish fixed gear 
TAC for each subarea in the BSAI for which a sablefish TAC is specified 
(see Sec. 679.31(c)).
    Scallop(s) means any species of the family Pectinidae, including, 
without limitation, weathervane scallops (Patinopectin caurinus).
    SDP means the Salmon Donation Program established under this 
section.
    SDP permit means a permit issued by NMFS to an applicant who 
qualifies as an authorized distributor for purposes of the SDP.
    Set means a string of pots or hook-and-line gear or a group of pots 
that is deployed in a similar location with similar soak time.
    Shoreside processor means:
    (1) With respect to GOA and BSAI groundfish, any person or vessel 
that receives unprocessed groundfish, except catcher/processors, 
motherships, buying stations, restaurants, or persons receiving 
groundfish for use as bait or personal consumption.
    (2) With respect to the Research Plan, any person that receives 
unprocessed fish, except catcher/processors, motherships, restaurants, 
or persons receiving fish for use as bait or personal consumption.
    Shucking machine means any mechanical device that automatically 
removes the meat or the adductor muscle from the shell.
    Southeast Outside District of the GOA means that part of the Eastern 
Regulatory Area contained in Statistical Area 650 (see Figure 3 of this 
part).
    Standard exvessel price means the exvessel price for species 
harvested in Research Plan fisheries, calculated annually by NMFS for 
each species or species group, from exvessel price information for all 
product forms, used in determining fee assessments.
    Statistical area means the part of any reporting area defined in 
Figures 1 and 3 of this part, contained in the EEZ.
    Steller Sea Lion Protection Areas (see Tables 4, 5, and 6 of this 
part and Secs. 679.22(a)(7), (a)(8), 679.22(b)(2), and 227.12 of this 
title).
    Stem means the forward part of a vessel--that portion of the vessel 
where the sides are united at the fore end with the lower end attached 
to the keel and the bowsprit, if one is present, resting on the upper 
end.
    Stern means the aft part of the vessel.
    Stretched mesh size means the distance between opposite knots of a 
four-sided mesh when opposite knots are pulled tautly to remove slack.
    Superexclusive registration area means any State of Alaska 
designated registration area within the BSAI where, if a vessel is 
registered to fish for crab, that vessel is prohibited from fishing for 
crab in any other registration area during that registration year.
    Support vessel means any vessel that is used in support of other 
vessels regulated under this part, including, but not limited to, 
supplying a fishing vessel with water, fuel, provisions, fishing 
equipment, fish processing equipment or other supplies, or transporting 
processed fish. The term ``support vessel'' does not include processor 
vessels or tender vessels.
    Tanner crab means Chionoecetes species or hybrids of these species.
    Target species are those species or species groups, except the 
``other species'' category, for which a TAC is specified pursuant to 
Sec. 679.20(a)(2).
    Tax-exempt organization means an organization that received a 
determination letter from the Internal Revenue Service recognizing tax 
exemption under 26 CFR part 1 (Secs. 1.501 to 1.640).
    Tender vessel means a vessel that is used to transport unprocessed 
fish received from another vessel to a shoreside processor, mothership, 
or buying station.
    Transfer includes any loading, offloading, shipment or receipt of 
any groundfish product, including quantities transferred inside or 
outside the EEZ, within any state's territorial waters, within the 
internal waters of any state, at any shoreside processor, or any offsite 
meal reduction plant.
    Trawl test areas (see Figure 7 of this part and Sec. 679.24(d)).
    U.S. citizen means:
    (1) Any individual who is a citizen of the United States at the time 
of application for QS; or

[[Page 361]]

    (2) Any corporation, partnership, association, or other entity that 
would have qualified to document a fishing vessel as a vessel of the 
United States during the QS qualifying years of 1988, 1989, and 1990.
    Vessel Activity Report (VAR) (see Sec. 679.5).
    Vessel operations category (see Sec. 679.4).
    Walrus Protection Areas (see Sec. 679.22(a)(4)).
    Weekly reporting period means a time period that begins at 0001 
hours, A.l.t., Sunday morning (except during the first week of each 
year, when it starts on January 1) and ends at 2400 hours, A.l.t., the 
following Saturday night (except during the last week of each year, when 
it ends on December 31).
    West Yakutat District of the GOA means that part of the GOA Eastern 
Regulatory Area contained in Statistical Area 640 (see Figure 3 of this 
part).
    Western Aleutian District means that part of the Aleutian Islands 
Subarea contained in Statistical Area 543 (see Figure 1 of this part).
    Wing tip means the point where adjacent breast lines intersect or 
where a breast line intersects with the fishing line.

[61 FR 31230, June 19, 1996, as amended at 61 FR 33384, June 27, 1996; 
61 FR 35578, July 5, 1996; 61 FR 38104, July 23, 1996; 61 FR 38359, July 
24, 1996; 61 FR 49981, Sept. 24, 1996]



Sec. 679.3  Relation to other laws.

    (a) Foreign fishing for groundfish. Regulations governing U.S. 
nationals fishing in the Russian fisheries are set forth in part 300 of 
chapter III of this title.
    (b) Domestic fishing for groundfish. The conservation and management 
of groundfish in waters of the territorial sea and internal waters of 
the State of Alaska are governed by the Alaska Administrative Code at 5 
AAC Chapter 28 and the Alaska Statute at A.S. 16.
    (c) Halibut. Additional regulations governing the conservation and 
management of halibut are set forth in subpart E of part 300 of chapter 
III of this title.
    (d) King and Tanner crab. Additional regulations governing 
conservation and management of king crab and Tanner crab in the BSAI are 
contained in Alaska Statutes at A.S. 16 and Alaska Administrative Code 
at 5 AAC Chapters 34, 35, and 39.
    (e) Incidental catch of marine mammals. Regulations governing 
exemption permits and the recordkeeping and reporting of the incidental 
take of marine mammals are set forth in Sec. 216.24 and part 229 of this 
title.

[61 FR 31230, June 19, 1996, as amended at 61 FR 35578, July 5, 1996]



Sec. 679.4  Permits.

    (a) General requirements--(1) Application. (i) A person may obtain 
or renew an application for any of the permits under this section and 
must mail completed forms to the Chief, RAM Division.
    (ii) Upon receipt of an incomplete or improperly completed permit 
application, the Chief, RAM Division, will notify the applicant of the 
deficiency in the permit application. If the applicant fails to correct 
the deficiency, the permit will not be issued. No permit will be issued 
to an applicant until a complete application is received.
    (iii) A separate application must be completed for each vessel, 
processor, or buying station and a copy must be retained of each 
completed or revised application.
    (iv) The information requested on the application must be typed or 
printed legibly.
    (2) Amended applications. An owner, operator, or manager who applied 
for and received a permit under this section must notify the Chief, RAM 
Division, in writing, of any change in the information within 10 days of 
the date of that change.
    (3) Alteration. No person may alter, erase, or mutilate any permit, 
card, or document issued under this section. Any such permit, card, or 
document that is intentionally altered, erased, or mutilated is invalid.
    (4) Disclosure. NMFS will maintain a list of permitted processors 
that may be disclosed for public inspection.
    (5) Sanctions and denials. Procedures governing permit sanctions and 
denials are found at subpart D of 15 CFR part 904.
    (b) Federal Fisheries permit--(1) Groundfish. No vessel of the 
United

[[Page 362]]

States may be used to fish for groundfish in the GOA or BSAI unless the 
owner first obtains a Federal fisheries permit for the vessel, issued 
under this part. A Federal fisheries permit is issued without charge.
    (2) Non-groundfish. A vessel of the United States that fishes in the 
GOA or BSAI for any non-groundfish species, including but not limited to 
halibut, crab, salmon, scallops, and herring, and that does not retain 
any bycatch of groundfish is not required to obtain a Federal fisheries 
permit under this part.
    (3) Vessel operations categories. (i) A Federal fisheries permit 
authorizes a vessel to conduct operations in the GOA and BSAI as a 
catcher vessel, catcher/processor, mothership, tender vessel, or support 
vessel.
    (ii) A vessel may be issued a Federal fisheries permit as a support 
vessel or as any combination of the other four categories (catcher 
vessel, catcher/processor, mothership, tender vessel). A vessel 
permitted as a catcher vessel, catcher/processor, mothership, or tender 
vessel also may conduct all operations authorized for a support vessel.
    (4) Duration. (i) A Federal fisheries permit remains in effect 
through December 31 of the year for which it is issued, unless it is 
revoked, suspended, or modified under 15 CFR part 904, or unless it is 
surrendered or invalidated.
    (ii) A Federal fisheries permit is surrendered when the original 
permit is submitted to and received by the NMFS Enforcement Office in 
Juneau, AK.
    (5) Application. A complete application for a Federal fisheries 
permit must include the following information for each vessel:
    (i) Amended permit. If application is for an amended permit, the 
current Federal fisheries permit number and information that has 
changed.
    (ii) Vessels. The complete name and homeport (city and state) of the 
vessel; the ADF&G vessel number; the USCG documentation number or Alaska 
registration number; the vessel's LOA and registered net tonnage; and 
the telephone, fax, and COMSAT (satellite communication) numbers used on 
board the vessel.
    (iii) Owner information. The owner of the vessel must record the 
owner's name, permanent business mailing address, telephone and fax 
numbers; and the name of any company (other than the owner) that manages 
the operations of the vessel or shoreside processor.
    (iv) Federal fisheries permit information. The owner of the vessel 
must record:
    (A) The fishery or fisheries and the vessel operations category for 
which the permit would apply, as set forth under paragraph (b)(3) of 
this section.
    (B) If a catcher vessel or catcher/processor, the gear type(s) used 
for groundfish operations.
    (C) If a catcher vessel, whether groundfish is retained only as 
bycatch from halibut, crab, or salmon fisheries; and whether sablefish 
is the only groundfish targeted in the GOA.
    (D) If a mothership or catcher/processor, whether inshore or 
offshore, to indicate component in which Pacific cod in the GOA or 
pollock will be processed for the entire fishing year.
    (v) Signature. The owner of the vessel must sign and date the 
application.
    (6) Issuance. (i) Except as provided in subpart D of 15 CFR part 
904, upon receipt of a properly completed permit application, the 
Regional Director will issue a Federal fisheries permit required by this 
paragraph (b).
    (ii) The Regional Director will send the Federal fisheries permit to 
the applicant with the appropriate logbooks, as provided under 
Sec. 679.5.
    (7) Amended application. If the application for an amended permit 
required under this section designates a change or addition of a vessel 
operations category, the amended permit must be on board the vessel 
before the new type of operations begins.
    (8) Transfer. A Federal fisheries permit issued under this paragraph 
(b) is not transferable or assignable and is valid only for the vessel 
for which it is issued.
    (9) Inspection. (i) An original Federal fisheries permit issued 
under this paragraph (b) must be carried on board the vessel whenever 
the vessel is fishing. Photocopied or faxed copies are not considered 
originals.

[[Page 363]]

    (ii) A permit issued under this paragraph (b) must be presented for 
inspection upon the request of any authorized officer.
    (c) Moratorium permits (applicable through December 31, 1998--(1) 
General--(i) Applicability. Except as provided under paragraph (c)(2) of 
this section, any vessel used to catch and retain any moratorium crab 
species or to conduct directed fishing for any moratorium groundfish 
species must have a valid moratorium permit issued for that vessel under 
this part on board the vessel at all times it is engaged in fishing 
activities.
    (ii) Duration. The moratorium permit is valid for the duration of 
the moratorium, unless otherwise specified.
    (iii) Validity. A moratorium permit issued under this part is valid 
only if:
    (A) The vessel's LOA does not exceed the maximum LOA as specified in 
Sec. 679.2;
    (B) The vessel's moratorium qualification has not been transferred;
    (C) The permit has not been revoked or suspended under 15 CFR part 
904;
    (D) The permit is endorsed for all gear types on board the vessel; 
and
    (E) The permit's term covers the fishing year in which the vessel is 
fishing.
    (iv) Inspection. A moratorium permit must be presented for 
inspection upon the request of any authorized officer.
    (2) Moratorium exempt vessels. (i) A moratorium exempt vessel is not 
subject to the moratorium permit requirement of paragraph (c)(1) of this 
section and is not eligible for a moratorium permit.
    (ii) A moratorium exempt vessel may catch and retain moratorium 
species, provided it complies with the permit requirements of the State 
of Alaska with respect to moratorium crab species, Federal permit 
requirements in this part with respect to moratorium groundfish species, 
and other applicable Federal and State of Alaska regulations.
    (3) Moratorium exempt vessel categories. A moratorium exempt vessel 
is a vessel in any of the following categories:
    (i) Vessels other than catcher vessels or catcher/processor vessels.
    (ii) Catcher vessels or catcher/processor vessels less than or equal 
to 26 ft (7.9 m) LOA that conduct directed fishing for groundfish in the 
GOA.
    (iii) Catcher vessels or catcher/processor vessels less than or 
equal to 32 ft (9.8 m) LOA that catch and retain moratorium crab species 
in the BSAI or that conduct directed fishing for moratorium groundfish 
species in the BSAI.
    (iv) Catcher vessels or catcher/processor vessels that are fishing 
for IFQ halibut, IFQ sablefish, or halibut or sablefish under the 
Western Alaska CDQ Program in accordance with regulations at subpart C 
of this part and that are not directed fishing for any moratorium 
species.
    (v) Catcher vessels or catcher/processor vessels less than or equal 
to 125 ft (38.1 m) LOA that after November 18, 1992, are specifically 
constructed for and used in accordance with a CDP under Sec. 679.30, and 
that are designed and equipped to meet specific needs described in the 
CDP.
    (4) Moratorium permit endorsements--(i) General. A moratorium permit 
will be endorsed for one or more fishery-specific gear type(s) in 
accordance with the endorsement criteria of paragraph (c)(5) of this 
section.
    (ii) Authorization. A fishery-specific gear type endorsement 
authorizes the use by the vessel of that gear type in the specified 
fisheries.
    (iii) Fishing gear requirements. (A) Fishing gear requirements for 
the BSAI crab fisheries are set forth in the Alaska Administrative Code 
at title 5, chapters 34 and 35.
    (B) Fishing gear requirements for the GOA and the BSAI groundfish 
fisheries are set forth under Sec. 679.24.
    (C) A moratorium permit may be endorsed for any one or a combination 
of the following fishing gear types:
    (1) Trawl, which includes pelagic and nonpelagic trawl gear.
    (2) Pot, which includes longline pot and pot-and-line gear.
    (3) Hook, which includes hook-and-line and jig gear.
    (5) Gear endorsement criteria. For purposes of this paragraph 
(c)(5), the period January 1, 1988, through February 9, 1992, is 
``period 1,'' and February 10, 1992, through December 11, 1994, is 
``period 2.'' Fishery-specific gear type endorsement(s) will be based on 
the following criteria:

[[Page 364]]

    (i) Crab fisheries/pot gear. A moratorium permit for a vessel may be 
endorsed for crab fisheries/pot gear if the vessel made a legal landing:
    (A) Of a moratorium crab species in period 1;
    (B) Of a moratorium groundfish species with any authorized fishing 
gear in period 1, and, in period 2, made a legal landing of a moratorium 
crab species; or
    (C) Of moratorium groundfish in period 1 with pot gear.
    (ii) Groundfish fisheries/trawl gear. A moratorium permit may be 
endorsed for groundfish fisheries/trawl gear if the vessel made a legal 
landing:
    (A) Of a moratorium groundfish species with any authorized fishing 
gear in period 1; or
    (B) Of a moratorium crab species in period 1, and, in period 2, made 
a legal landing of a moratorium groundfish species using trawl gear.
    (iii) Groundfish fisheries/pot gear. A moratorium permit may be 
endorsed for groundfish fisheries/pot gear if the vessel made a legal 
landing:
    (A) Of a moratorium groundfish species with any authorized fishing 
gear in period 1; or
    (B) Of a moratorium crab species in period 1.
    (iv) Groundfish fisheries/hook gear. A moratorium permit may be 
endorsed for groundfish fisheries/hook gear if the vessel made a legal 
landing:
    (A) Of a moratorium groundfish species with any authorized fishing 
gear in period 1; or
    (B) Of a moratorium crab species in period 1, and, in period 2, made 
a legal landing of a moratorium groundfish species using hook gear.
    (6) Application for permit. A moratorium permit will be issued to 
the owner of a vessel of the United States if he/she submits to the 
Regional Director a complete moratorium permit application that is 
subsequently approved and if the vessel's LOA does not exceed the 
maximum LOA as specified in Sec. 679.2. A complete application for a 
moratorium permit must include the following information for each 
vessel:
    (i) Name of the vessel, state registration number of the vessel and 
the USCG documentation number of the vessel, if any.
    (ii) Name(s), business address(es), and telephone and fax numbers of 
the owner of the vessel.
    (iii) Name of the managing company.
    (iv) Valid documentation of the vessel's moratorium qualification, 
if requested by the Regional Director due to an absence of landings 
records for the vessel from January 1, 1988, through February 9, 1992.
    (v) Reliable documentation of the vessel's original qualifying LOA, 
if requested by the Regional Director, such as a vessel survey, 
builder's plan, state or Federal registration certificate, fishing 
permit records, or other reliable and probative documents that clearly 
identify the vessel and its LOA, and that are dated before June 24, 
1992.
    (vi) Specification of the fishing gear(s) used from January 1, 1988, 
through February 9, 1992, and, if necessary, the fishing gear(s) used 
from February 10, 1992, through December 11, 1994.
    (vii) Specification of the vessel as either a catcher vessel or a 
catcher/processor vessel.
    (viii) If applicable, transfer authorization if a permit request is 
based on transfer of moratorium qualification pursuant to paragraph (c) 
of this section.
    (ix) Signature of the person who is the owner of the vessel or the 
person who is responsible for representing the vessel owner.
    (7) Moratorium qualification. A vessel has moratorium qualification 
if:
    (i) The vessel is an original qualifying vessel;
    (ii) The vessel is not a moratorium exempt vessel under paragraph 
(c)(2) of this section;
    (iii) The vessel's moratorium qualification has not been 
transferred;
    (iv) The vessel receives a valid moratorium qualification through a 
transfer approved by the Regional Director under pargraph (c)(9) of this 
section; and
    (v) That moratorium qualification is not subsequently transferred.
    (8) Application for moratorium qualification transfer--(i) General. 
An application for approval of a transfer of moratorium qualification 
(see paragraph (c)(9) of this section) must be completed and the 
transfer approved by

[[Page 365]]

the Regional Director before an application for a moratorium permit 
based on that transfer can be approved. An application for approval of a 
transfer and an application for a moratorium permit may be submitted 
simultaneously.
    (ii) Contents of application. A complete application for approval of 
transfer must include the following information, as applicable, for each 
vessel involved in the transfer of moratorium qualification:
    (A) Name(s), business address(es), and telephone and fax numbers of 
the applicant(s) (including the owners of the moratorium qualification 
that is to be or was transferred and the person who is to receive or 
received the transferred moratorium qualification).
    (B) Name of the vessel whose moratorium qualification is to be or 
was transferred and the name of the vessel that would receive or 
received the transferred moratorium qualification (if any), the state 
registration number of each vessel and, if documented, the USCG 
documentation number of each vessel.
    (C) The original qualifying LOA of the vessel whose moratorium 
qualification is to be or was transferred, its current LOA, and its 
maximum LOA.
    (D) The LOA of the vessel that would receive or received the 
transferred moratorium qualification and documentation of that LOA by a 
current vessel survey or other reliable and probative document.
    (E) Signatures of the persons from whom moratorium qualification 
would be transferred or their representative, and the persons who would 
receive the transferred moratorium qualification or their 
representative.
    (iii) Contract or agreement. A legible copy of a contract or 
agreement must be included with the application for transfer that 
specifies the vessel or person from which moratorium qualification is to 
be or is transferred, the date of the transfer agreement, names and 
signatures of all current owner(s) of the vessel whose moratorium 
qualification is to be or was transferred, and names and signatures of 
all current owner(s) of the moratorium qualification that is to be or 
was transferred.
    (iv) Vessel reconstruction. The following information must be 
included with the application for transfer:
    (A) A legible copy of written contracts or written agreements with 
the firm that performed reconstruction of the vessel and that relate to 
that reconstruction.
    (B) An affidavit signed by the vessel owner(s) and the owner/manager 
of the firm that performed the vessel reconstruction, specifying the 
beginning and ending dates of the reconstruction.
    (C) An affidavit signed by the vessel owner(s) specifying the LOA of 
the reconstructed vessel.
    (v) Vessels lost or destroyed. A copy of USCG Form 2692, Report of 
Marine Casualty, must be included with the application for transfer.
    (9) Transfer of moratorium qualification (applicable through 
December 31, 1998)--(i) General. A transfer of a vessel's moratorium 
qualification must be approved by the Regional Director before a 
moratorium permit may be issued under this section for the vessel to 
which the qualification is transferred. A moratorium permit is not 
transferrable or assignable. A fishery-specific gear type endorsement(s) 
is not severable from an endorsed permit. A transfer of moratorium 
qualification will not be approved by the Regional Director unless:
    (A) A complete transfer application that satisfies all requirements 
specified in paragraph (c)(8) of this section is submitted;
    (B) The LOA of the vessel to which the moratorium qualification is 
transferred does not exceed the maximum LOA of the original qualifying 
vessel; and
    (C) The moratorium permit associated with the moratorium 
qualification is not revoked or suspended.
    (ii) Vessels lost or destroyed in 1988. The moratorium qualification 
of a vessel that was lost or destroyed before January 1, 1989, may not 
be transferred to another vessel and is not valid for purposes of 
issuing a moratorium permit for that vessel, if salvaged, unless salvage 
began on or before June 24, 1992, and the LOA of the salvaged vessel 
does not exceed its maximum LOA. The moratorium qualification of such a

[[Page 366]]

vessel is not valid for purposes of issuing a moratorium permit for 1998 
unless that vessel is used to make a legal landing of a moratorium 
species from January 1, 1996, through December 31, 1997.
    (iii) Vessels lost or destroyed from 1989 through 1995. The 
moratorium qualification of any vessel that was lost or destroyed on or 
after January 1, 1989, but before January 1, 1996, is valid for purposes 
of issuing a moratorium permit for that vessel, if salvaged, regardless 
of when salvage began, provided that the vessel has not already been 
replaced and the LOA of the salvaged vessel does not exceed its maximum 
LOA. The moratorium qualification of any vessel that was lost or 
destroyed on or after January 1, 1989, but before January 1, 1996, may 
be transferred to another vessel, provided the LOA of that vessel does 
not exceed the maximum LOA of the original qualifying vessel. The 
moratorium qualification of such a vessel is not valid for purposes of 
issuing a moratorium permit for 1998, unless that vessel is used to make 
a legal landing of a moratorium species from January 1, 1996, through 
December 31, 1997.
    (iv) Vessels lost or destroyed after 1995. The moratorium 
qualification of any vessel that was lost or destroyed on or after 
January 1, 1996, is valid for purposes of issuing a moratorium permit 
for that vessel, if salvaged, regardless of when salvage began, provided 
that the vessel has not already been replaced and the LOA of the 
salvaged vessel does not exceed its maximum LOA. The moratorium 
qualification of any vessel that is lost or destroyed on or after 
January 1, 1996, may be transferred to another vessel, providing the LOA 
of that vessel does not exceed the maximum LOA of the original 
qualifying vessel.
    (v) Reconstruction. The moratorium qualification of a vessel is not 
valid for purposes of issuing a moratorium permit if, after June 23, 
1992, reconstruction is initiated that results in increasing the LOA of 
the vessel to exceed the maximum LOA of the original qualifying vessel. 
For a vessel whose reconstruction began before June 24, 1992, and was 
completed after June 24, 1992, the maximum LOA is the LOA on the date 
reconstruction was completed, provided the owner files an application 
for transfer and the Regional Director certifies that maximum LOA and 
approves the transfer based on information concerning the LOA of the 
reconstructed vessel submitted under paragraph (c)(8)(iv) of this 
section.
    (10) Appeal--(i) Determination. The Chief, RAM Division, will issue 
an initial administrative determination to each applicant who is denied 
a moratorium permit by that official. An initial administrative 
determination may be appealed by the applicant in accordance with 
Sec. 679.43. The initial administrative determination will be the final 
agency action if a written appeal is not received by the Chief, RAM 
Division, within the period specified.
    (ii) Permit denial. An initial administrative determination that 
denies an application for a moratorium permit must authorize the 
affected vessel to catch and retain moratorium crab or moratorium 
groundfish species with the type of fishing gear specified on the 
application. The authorization expires on the effective date of the 
final agency action relating to the application.
    (iii) Final action. An administrative determination denying approval 
of the transfer of a moratorium qualification and/or denying the 
issuance of a moratorium permit based on that moratorium qualification 
is the final agency action for purposes of judicial review.
    (d) IFQ--(1) General. In addition to the permit and licensing 
requirements prescribed in the annual management measures published in 
the Federal Register pursuant to Sec. 300.62 of chapter III of this 
title and in the permit requirements of this section, all fishing 
vessels that harvest IFQ halibut or IFQ sablefish must have on board:
    (i) IFQ permit. A copy of an IFQ permit that specifies the IFQ 
regulatory area and vessel category in which IFQ halibut or IFQ 
sablefish may be harvested by the IFQ permit holder and a copy of the 
most recent accompanying statement specifying the amount of each species 
that may be harvested during the current IFQ fishing season; and
    (ii) IFQ card. An original IFQ card issued by the Regional Director.

[[Page 367]]

    (2) Registered buyer permit. Any person who receives IFQ halibut or 
IFQ sablefish from the person(s) that harvested the fish must possess a 
registered buyer permit, except under conditions of paragraph (d)(2) 
(i), (ii), or (iii) of this section. A registered buyer permit also is 
required of any person who harvests IFQ halibut or IFQ sablefish and 
transfers such fish:
    (i) In a dockside sale;
    (ii) Outside of an IFQ regulatory area; or
    (iii) Outside the State of Alaska.
    (3) Permit issuance--(i) IFQ permits and cards--(A) Issuance. IFQ 
permits and cards will be renewed or issued annually by the Regional 
Director to each person with approved QS for IFQ halibut or IFQ 
sablefish allocated in accordance with this section.
    (B) IFQ permit. Each IFQ permit issued by the Regional Director will 
identify the permitted person and will be accompanied by a statement 
that specifies the amount of IFQ halibut or IFQ sablefish that person 
may harvest from a specified IFQ regulatory area using fixed gear and a 
vessel of a specified vessel category.
    (C) IFQ card. Each IFQ card issued by the Regional Director will 
display an IFQ permit number and the individual authorized by the IFQ 
permit holder to land IFQ halibut or IFQ sablefish for debit against the 
permit holder's IFQ.
    (ii) Registered buyer permits. Registered buyer permits will be 
renewed or issued annually by the Regional Director to persons that have 
a registered buyer application approved by the Regional Director.
    (4) Duration--(i) IFQ permit. An IFQ permit authorizes the person 
identified on the permit to harvest IFQ halibut or IFQ sablefish from a 
specified IFQ regulatory area at any time during an open fishing season 
during the fishing year for which the IFQ permit is issued until the 
amount harvested is equal to the amount specified under the permit, or 
until it is revoked, suspended, or modified under 15 CFR part 904.
    (ii) IFQ card. An IFQ card authorizes the individual identified on 
the card to land IFQ halibut or IFQ sablefish for debit against the 
specified IFQ permit until the card expires, or is revoked, suspended, 
or modified under 15 CFR part 904, or cancelled on request of the IFQ 
permit holder.
    (iii) Registered buyer permit. A registered buyer permit authorizes 
the person identified on the permit to receive or make an IFQ landing by 
an IFQ permit or card holder at any time during the fishing year for 
which it is issued until the registered buyer permit expires, or is 
revoked, suspended, or modified under 15 CFR part 904.
    (5) Transfer. The IFQ permits issued under this section are not 
transferable, except as provided under Sec. 679.41. IFQ cards and 
registered buyer permits issued under this paragraph (d) are not 
transferable.
    (6) Inspection--(i) IFQ permit. A legible copy of any IFQ permit 
issued under this section must be carried on board the vessel used by 
the permitted person to harvest IFQ halibut or IFQ sablefish at all 
times that such fish are retained on board.
    (ii) IFQ card. Except as specified in Sec. 679.42(d), an individual 
that is issued an IFQ card must remain aboard the vessel used to harvest 
IFQ halibut or IFQ sablefish with that card during all fishing 
operations until arrival at the point of landing and during all IFQ 
landings. The IFQ cardholder must present a copy of the IFQ permit and 
the original IFQ card for inspection on request of any authorized 
officer, clearing officer, or registered buyer purchasing IFQ species. 
Nothing in this paragraph would prevent an individual who is issued an 
IFQ card from being absent from the vessel used to harvest IFQ halibut 
or IFQ sablefish between the time the vessel arrives at the point of 
landing until the commencement of landing.
    (iii) Registered buyer permit. A legible copy of the registered 
buyer permit must be present at the location of an IFQ landing, and must 
be made available for inspection on request of any authorized officer or 
clearing officer.
    (e) Halibut/sablefish CDQ permits and CDQ cards. See Sec. 679.33(a) 
and (b).
    (f) Federal processor permit--(1) General--(i) Applicability. In 
addition to the permit and licensing requirements prescribed in the 
annual management measures published in the Federal Register pursuant to 
Sec. 300.62 of chapter III of this title and paragraphs (b) and

[[Page 368]]

(d) of this section, and except as provided in paragraph (f)(1)(ii) of 
this section, a processor of fish from a Research Plan fishery must have 
a Federal processor permit issued by the Regional Director.
    (ii) Exception. Any fisherman who transfers fish outside the United 
States, or any fisherman who sells fish directly to a restaurant or to 
an individual for use as bait or for personal consumption is not 
required to have a Federal processor permit.
    (iii) Fee. A Federal processor permit will be issued without charge.
    (2) Application. A complete application for a Federal processor 
permit must include the following for each vessel or processor:
    (i) The annual period for which the permit is requested.
    (ii) The Research Plan fishery or fisheries for which the permit is 
requested.
    (iii) If the application is for an amended permit, the current 
Federal processor permit number and an indication of the information 
that is being amended.
    (iv) The processor owner's name or names, business mailing address, 
telephone number, and fax number.
    (v) If the processor is a shoreside processor, the plant's name, 
business mailing address, ADF&G Processor Code, telephone number, and 
fax number.
    (vi) If the processor is a vessel, the vessel's name, home port, net 
tonnage, LOA, USCG number, telephone number, fax number, INMARSAT 
(satellite communications) number, and ADF&G number.
    (vii) The applicant's name, signature, and date.
    (3) Issuance. (i) Permits required under paragraph (f)(1)(i) of this 
section will be issued annually by the Regional Director.
    (ii) The Regional Director will issue a permit required under 
paragraph (f)(1)(i) of this section upon receipt of a complete 
application.
    (iii) Upon receipt of an incomplete or improperly completed 
application, the Regional Director will notify the applicant of the 
deficiency. No permit will be issued to an applicant until a complete 
application is submitted.
    (4) Duration. The Federal processor permit issued by the Regional 
Director will continue in full force and effect through December 31 of 
the year for which it is issued, or until it is revoked, suspended, or 
modified under Secs. 600.735 and 600.740 of this chapter.
    (5) Transfer. Permits issued under this paragraph (f) are not 
transferable or assignable.
    (6) Validity. Each permit issued under this paragraph (f) is valid 
only for the vessel or processor for which it is issued.
    (7) Inspection. (i) The permit issued under this paragraph (f) must 
be maintained on the processor vessel or at the shoreside processor.
    (ii) The permit must be available for inspection upon request by an 
authorized officer or any employee of NMFS, ADF&G, or the Alaska 
Department of Public Safety designated by the Regional Director, 
Commissioner of ADF&G, or Commissioner of the Alaska Department of 
Public Safety.
    (g) King and Tanner crab permits. All processors of BSAI king and 
Tanner crab must comply with permit requirements contained in paragraph 
(f) of this section.

[61 FR 31230, June 19, 1996, as amended at 61 FR 35578, July 5, 1996; 61 
FR 41525, Aug. 9, 1996]



Sec. 679.5  Recordkeeping and reporting.

    (a) General requirements--(1) Applicability, Federal fisheries 
permit. Except as provided in paragraph (a)(iii) of this section, the 
following must comply with the recordkeeping and reporting requirements 
of this section:
    (i) Any catcher vessel, mothership, catcher/processor, or tender 
vessel, 5 net tons or larger, that is required to have a Federal 
fisheries permit under Sec. 679.4.
    (ii) Any shoreside processor, mothership, or buying station that 
receives groundfish from vessels required to have a Federal fisheries 
permit under Sec. 679.4. A shoreside processor, mothership, or buying 
station subject to recordkeeping and reporting requirements must report 
all groundfish and prohibited species received, including:
    (A) Fish received from vessels not required to have a Federal 
fisheries permit.

[[Page 369]]

    (B) Fish received under contract for handling or processing for 
another processor.
    (iii) A catcher vessel less than 60 ft (18.3 m) LOA, is not required 
to comply with recordkeeping and reporting requirements contained in 
Sec. 679.5(a)-(k).
    (2) Applicability, Federal processor permit. Any processor that 
retains fish from a Research Plan fishery is responsible for complying 
with the applicable recordkeeping and reporting requirements of this 
section.
    (3) Responsibility. The operator of a catcher vessel, catcher/
processor, mothership, or buying station receiving from a catcher vessel 
and delivering to a mothership (hereafter referred to as the operator) 
and the manager of a shoreside processor or buying station receiving 
from a catcher vessel and delivering to a shoreside processor (hereafter 
referred to as the manager) are each responsible for complying with the 
applicable recordkeeping and reporting requirements of this section. In 
addition, the owner of a vessel, shoreside processor, or buying station 
must ensure that the operator, manager, or representative (see paragraph 
(b) of this section) complies with these requirements and is responsible 
for compliance.
    (4) Groundfish logbooks and forms. The Regional Director will 
prescribe and provide groundfish logbooks and forms required under this 
section as shown in Table 9 of this part. The operator or manager must 
use these logbooks and forms or obtain approval from the Regional 
Director to use electronic versions of the logbooks and forms.
    (5) Participant identification information. The operator or manager 
must record on all required records, reports, and logbooks:
    (i) The name of the catcher vessel, catcher/processor, mothership, 
shoreside processor, or buying station as displayed in official 
documentation.
    (ii) If a vessel, the Federal fisheries permit number and ADF&G 
vessel number (if applicable).
    (iii) If a processor, the Federal processor permit number and ADF&G 
processor number.
    (iv) If a buying station, the name and ADF&G vessel number (if 
applicable) of the buying station; the name, ADF&G processor number, and 
Federal processor permit number of associated processor.
    (v) If a shoreside processor or buying station delivering to a 
shoreside processor, the geographic location of operations.
    (vi) If a representative, the name, daytime business telephone 
number (including area code), fax or telex number, and the COMSAT number 
(if applicable) of the representative.
    (6) Maintenance of records. (i) The operator or manager must 
maintain all records, reports, and logbooks in a legible, timely, and 
accurate manner; in English; if handwritten, in indelible ink; if 
computer-generated, a printed, paper copy; and based on A.l.t.
    (ii) The operator or manager must account for each day of the 
fishing year, starting with January 1 and ending with December 31, and 
the time periods must be consecutive in the logbook.
    (iii) When applicable, the operator or manager must record in each 
report, form, and logbook the following information:
    (A) Page number. Number the pages in each logbook consecutively, 
beginning with page one and continuing throughout the logbook for the 
remainder of the fishing year, except that the manager of a shoreside 
processor must number the DCPL pages within Part I and Part II 
separately, beginning with page one.
    (B) Date, presented as month-day-year.
    (C) Time, in military format to the nearest hour, A.l.t.
    (D) Position coordinates, latitude and longitude to the nearest 
minute (Optional: Record to the nearest second or fraction of minute).
    (E) Reporting area codes, given in Figures 1 and 3 of this part.
    (F) Species codes, each target species, the ``other species'' 
category, and prohibited species under Sec. 679.21(b), using the species 
codes given in Table 2 of this part.
    (G) Original/revised report. If a report is the first one submitted 
to the Regional Director for a given date, gear type, and reporting 
area, the report should be labeled, ``ORIGINAL REPORT.'' If the report 
is a correction to

[[Page 370]]

a previously submitted report for a given date, gear type, and reporting 
area, the report should be labelled, ``REVISED REPORT.''
    (H) Weights. Landings, product, and discards of groundfish and 
herring must be recorded in pounds or to the nearest 0.01 mt on all 
forms and logbooks.
    (7) Active and inactive periods. The operator or manager must, in 
the DFL, DCL, or DCPL:
    (i) Account for each day of the fishing year by indicating active 
and inactive periods as defined under Sec. 679.2.
    (ii) Use a separate logbook page for each day of an active period.
    (iii) Indicate on one page the first and last day of an inactive 
period.
    (iv) Indicate all fishing activity, which is defined for each type 
of vessel as follows:
    (A) If a catcher vessel--harvest or discard of groundfish.
    (B) If a catcher/processor--harvest, discard, or processing of 
groundfish.
    (C) If a mothership or shoreside processor--receipt, discard, or 
processing of groundfish.
    (D) If a buying station--receipt, discard, or delivery of 
groundfish.
    (v) If in an active period and conducting fishing activity, the 
operator or manager must record:
    (A) The gear type used to harvest the groundfish. If a catcher 
vessel or catcher/processor and using hook-and-line longline gear, the 
average number of hooks per skate.
    (B) The reporting area code where gear retrieval was completed; 
whether gear retrieval was in Federal or Alaska State waters.
    (C) If a catcher vessel, whether a NMFS-certified observer is aboard 
the vessel. If a catcher/processor, mothership, or shoreside processor, 
the number of NMFS-certified observers aboard or on site.
    (D) The number of crew, except for certified observer(s).
    (E) Whether harvest is under a CDQ program; if yes, the CDQ number.
    (F) If a catcher vessel or buying station, the name and ADF&G 
processor number of the mothership or shoreside processor to which 
groundfish deliveries were made.
    (vi) If in an active period and not conducting fishing activity, the 
operator or manager must indicate ``NO FISHING ACTIVITY'' and briefly 
describe the reason.
    (8) Landings information. The manager of a shoreside processor must:
    (i) Record and report groundfish landings by species codes and 
product codes as defined in Tables 1 and 2 of this part for each 
reporting area, whether from Alaska State waters or Federal waters, gear 
type, and CDQ number.
    (ii) Record in the DCPL each day on the day such landings occur, the 
following additional information:
    (A) The daily combined scale weight of landings retained for 
processing from a catcher vessel or any associated buying station, in 
pounds or to at least the nearest 0.01 mt.
    (B) If more than one page is used during a weekly reporting period, 
the total amount of landings carried forward from the previous page.
    (C) At the end of each weekly reporting period, the cumulative total 
weight, calculated by adding the daily totals and total carried forward 
for that week.
    (iii) If no landings occurred, write ``NO LANDINGS'' for that day.
    (9) Product information. The operator of a catcher/processor or 
mothership or the manager of a shoreside processor must, where required:
    (i) Record and report groundfish products by species codes, product 
codes, and product designations as defined in Tables 1 and 2 of this 
part for each reporting area, whether in Alaska State waters or Federal 
waters, gear type, and CDQ number.
    (ii) Record in the DCPL each day on the day such production occurs, 
the daily total, balance brought forward (except for shoreside 
processor), and cumulative total fish product weight for each product of 
groundfish in pounds, or to at least the nearest 0.01 mt.
    (iii) If no production occurred, write ``NO PRODUCTION'' for that 
day.
    (10) Discarded/donated species information--(i) General. The 
operator or manager must record and report discards and donations by 
species codes and discard product codes as defined in Tables

[[Page 371]]

1 and 2 of this part for each reporting area, whether in Alaska State 
waters or Federal waters, gear type, and CDQ number.
    (A) The operator or manager must record the estimated daily total, 
balance brought forward, and cumulative total round fish weight in the 
DFL, DCL, or DCPL each day on the day discards and donations occur for 
each discard or donation of groundfish species, groundfish species 
groups, and Pacific herring in pounds, or to at least the nearest 0.01 
mt.
    (B) The operator or manager must record the estimated daily total 
balance brought forward, and cumulative total numbers in the DFL, DCL, 
or DCPL each day on the day discards or donations occur for each discard 
and donation of Pacific salmon, steelhead trout, halibut, king crab, and 
Tanner crab.
    (C) If there were no discards or donations, write ``NO DISCARDS'', 
``0'', or ``ZERO'' for that day.
    (ii) Catcher vessel discards/donations. (A) For deliveries of 
unsorted codends, the catcher vessel is exempt from recording discards 
in the DFL and from submittal of the blue logsheet (discards copy) for 
that delivery. The operator of the catcher vessel is required to check 
the box entitled ``unsorted codend,'' and the blue DFL logsheet 
(discards copy) remains in the DFL.
    (B) For presorted deliveries or in the event a catcher vessel has 
``bled'' a codend prior to delivery to a processor, the operator of the 
catcher vessel must check the ``presorted delivery'' box, enter the 
amount of discards or donations by species, and submit the blue DFL 
logsheet (discards copy) to the mothership, buying station, or shoreside 
processor with each harvest delivery.
    (iii) Buying station discards/donations. (A) The operator or manager 
of a buying station must record in the DCL on a daily basis on the day 
discard occurs, all discards or donations that occur after receipt of 
harvest from a catcher vessel and prior to delivery of harvest to a 
mothership or shoreside processor.
    (B) If a blue DFL logsheet is received from a catcher vessel and 
contains reports of discards or donations, the operator or manager of a 
buying station must record in the DCL the discards and donations on the 
day the DFL logsheet is received from the catcher vessel.
    (iv) Catcher/processor discards/donations. The operator of a 
catcher/processor must record in the DCPL on the day discards or 
donations occur, all discards or donations that occur prior to harvest, 
during harvest, and during processing.
    (v) Mothership or shoreside processor discards/donations. (A) The 
operator of a mothership or manager of a shoreside processor must record 
in the DCPL on a daily basis on the day discards or donations occur, all 
discards or donations that occur on site after receipt of groundfish, 
and all discards or donations that occur during processing of 
groundfish.
    (B) If an unsorted codend is received from a catcher vessel, the 
catcher vessel is not required to submit a blue discard logsheet to the 
mothership or shoreside processor. The operator of a mothership or 
manager of a shoreside processor must sort the catch received from the 
unsorted codends and must record the discards by species in the DCPL as 
discard at sea on the day the harvest is received from the catcher 
vessel.
    (C) If discards are reported on a blue DFL logsheet from a catcher 
vessel delivering a presorted codend or if a catcher vessel reports an 
amount bled at sea, the operator of a mothership or manager of a 
shoreside processor must record in the DCPL the discards on the day the 
DFL logsheet is received from the catcher vessel.
    (D) If a yellow DCL logsheet is received from a buying station and 
discards or donations are reported, the operator of a mothership or 
manager of a shoreside processor must record in the DCPL the discards or 
donations on the day the DCL logsheet is received from the buying 
station.
    (11) Contract processing. (i) The manager of a shoreside processor 
or operator of a mothership who receives groundfish to be handled or 
processed under contract for another processor or business entity must 
report these fish to the Regional Director consistently throughout a 
fishing year using one of the following two methods:

[[Page 372]]

    (A) Record landings (if applicable), discards, and products of 
contract-processed groundfish routinely in the DCPL without separate 
identification; or
    (B) Record landings (if applicable), discards, and products of 
contract-processed groundfish in a separate DCPL identified by the name, 
Federal processor permit number, Federal fisheries permit number (if 
applicable), and ADF&G processor code of the associated business entity.
    (ii) If contract-processed groundfish records are kept separately 
from the routine DCPL, the operator of the mothership or manager of the 
shoreside processor must summarize and report that information on a WPR 
identified by the name, Federal processor permit number, Federal 
fisheries permit number (if applicable), and ADF&G processor code of the 
associated business entity.
    (12) Alteration of records. (i) The operator, manager, or any other 
person may not alter or change any entry or record in a logbook, except 
that an inaccurate or incorrect entry or record may be corrected by 
lining out the original and inserting the correction, provided that the 
original entry or record remains legible.
    (ii) No person except an authorized officer may remove any original 
page of any logbook.
    (13) Inspection of records. The operator or manager must make all 
logbooks, reports, and forms required under this section available for 
inspection upon the request of an authorized officer.
    (14) Submittal of logbooks, reports and forms--(i) Logbooks. (A) The 
operator of a catcher vessel, catcher/processor, or mothership, or the 
manager of a shoreside processor must submit the yellow logsheets on a 
quarterly basis to the NMFS Alaska Fisheries Science Center, Logbook 
Program, Seattle, WA, as follows: First quarter, by May 1 of that 
fishing year; second quarter, by August 1 of that fishing year; third 
quarter, by November 1 of that fishing year; and fourth quarter, by 
February 1 of the following fishing year.
    (B) During an inactive period that extends across two or more 
successive quarters, the operator or manager must complete two 
logsheets: One to indicate the last day of the first inactive quarter 
and the next page to indicate the first day of the second inactive 
quarter.
    (ii) Reports and forms. Reports and forms may be submitted by the 
operator or manager by:
    (A) Using the NMFS printed form and faxing it to the fax number on 
the form; or
    (B) Transmitting a data file with required information and forms to 
NMFS by modem or satellite (specifically INMARSAT standards A, B, or C).
    (15) Record retention--(i) Original. (A) The operator of a catcher 
vessel, catcher/processor, or mothership, and the manager of a shoreside 
processor, must retain the original (white) copy of all logbooks and a 
paper copy of all reports and forms, including those reports and forms 
that were originally submitted electronically and must make these 
documents available for inspection by an authorized officer:
    (1) On site until the end of the fishing year during which the 
records were made and for as long thereafter as fish or fish products 
recorded in the logbook, reports, and forms are retained.
    (2) For 3 years after the end of the fishing year during which the 
records were made.
    (B) The operator or manager of a buying station must retain the 
original (white) copy of all DCLs on site until the buying station has 
concluded receiving groundfish from a catcher vessel for delivery to a 
shoreside processor or mothership and for as long as fish and fish 
products recorded in the DCL are retained by the buying station.
    (ii) Yellow DCL logsheet. The operator of a mothership or manager of 
a shoreside processor must retain a photocopy of the yellow DCL 
logsheets submitted to NMFS under paragraph (a)(14) of this section that 
were received from associated buying stations until the mothership or 
shoreside processor receives the original DCL.
    (iii) Blue DFL logsheet. (A) The operator of a mothership and the 
manager of a shoreside processor must retain the blue DFL logsheets 
(discard reports) submitted to them by operators of catcher vessels 
through the last day of the fishing year during which the records were 
made.

[[Page 373]]

    (B) The operator or manager of a buying station must submit to the 
mothership or shoreside processor any blue logsheets (discard report) 
received from catcher vessels delivering groundfish to the buying 
station.
    (iv) Pink DCL logsheet. The operator or manager of a buying station 
must retain the pink DCL logsheets for 3 years after the end of the 
fishing year during which the records were made.
    (16) Integration of buying station records. (i) The operator or 
manager of a buying station must maintain a separate DCL for each 
mothership or shoreside processor to which the buying station delivers 
groundfish during a fishing year.
    (ii) The operator or manager of a buying station must submit upon 
delivery of catch the yellow DCL logsheets to the shoreside processor or 
mothership to which it delivers groundfish, along with the blue DFL 
logsheets and ADF&G fish tickets or catch receipts for that delivery.
    (iii) Upon conclusion of receiving groundfish for a shoreside 
processor or mothership, the operator or manager of a buying station 
must submit the original DCL to the manager of a shoreside processor or 
operator of a mothership to which deliveries were made.
    (iv) If the mothership or shoreside processor receives fish from a 
buying station, the operator of the mothership or manager of the 
shoreside processor must incorporate all of the DCL information into the 
DCPL.
    (b) Representative. The operator of a catcher vessel, mothership, 
catcher/processor, or buying station delivering to a mothership or 
manager of a shoreside processor or buying station delivering to a 
shoreside processor may identify one person to fill out and sign the 
logbook, complete the recordkeeping and reporting forms, or both, and to 
identify the contact person for inquiries from NMFS. Designation of a 
representative under this paragraph does not relieve the owner, 
operator, or manager of responsibility for compliance under paragraph 
(a)(3) of this section.
    (c) Catcher vessel DFL and catcher/processor DCPL--(1) Pair trawls. 
If two catcher vessels are dragging a trawl between them (pair trawl), a 
separate DFL must be maintained by each vessel. Each vessel operator 
must log the amount of the catch retained by that vessel and any fish 
discarded by the vessel.
    (2) Time limit and submittal. (i) The operator of a catcher vessel 
or catcher/processor must record in the DFL or DCPL, the time, position, 
and estimated groundfish catch weight within 2 hours after gear 
retrieval.
    (ii) The operator of a catcher vessel must record all other 
information required in the DFL by noon of the day following gear 
retrieval.
    (iii) The operator of a catcher/processor must record all other 
information required in the DCPL by noon of the day following completion 
of production.
    (iv) The operator of a catcher vessel must submit the blue DFL 
logsheets with delivery of the harvest to the operator of a mothership 
or a buying station delivering to a mothership, or to the manager of a 
shoreside processor or buying station delivering to a shoreside 
processor.
    (v) Notwithstanding other time limits, the operator of a catcher 
vessel must record all information required in the DFL within 2 hours 
after the vessel's catch is offloaded.
    (vi) Notwithstanding other time limits, the operator of a catcher/
processor must record all information required in the DCPL within 2 
hours after the vessel's catch is offloaded.
    (3) Information required--(i) General. The operator of a catcher 
vessel or catcher/processor must record on each page:
    (A) Page number as described in paragraph (a)(6)(iii)(A) of this 
section.
    (B) The start date and end date of the fishing trip.
    (C) If a catcher vessel, the vessel name and ADF&G vessel 
registration number.
    (D) If a catcher/processor, the name, ADF&G processor number, and 
Federal processor number of the catcher/processor.
    (E) The signature of the operator of the catcher vessel or catcher/
processor.
    (F) Whether catcher vessel or catcher/processor is in an active or 
inactive

[[Page 374]]

period as described in paragraph (a)(7) of this section.
    (ii) Haul/set information. The operator of a catcher vessel or 
catcher/processor must record the following for each haul or set:
    (A) Date (month-day-year).
    (B) The number of haul or set, by sequence; begin time and position 
coordinates of gear deployment; average sea depth and average gear 
depth, recorded to the nearest meter or fathom.
    (C) The date, time, and position coordinates of gear retrieval. If 
the vessel is using longline hook-and-line gear, the number of skates 
set. If the vessel is using longline pot or single pot gear, the total 
number of pots set.
    (D) The estimated total round fish weight of the groundfish catch.
    (E) The species code of the intended target species from Table 2 of 
this part.
    (F) The estimated IFQ sablefish amounts in the ``comments'' column.
    (iii) Discard/donated species information. The operator of a catcher 
vessel or catcher/processor must record discard/donation information as 
described in paragraph (a)(10) of this section.
    (iv) Catcher vessels. If a catcher vessel, the operator must record:
    (A) The date of delivery.
    (B) The name, ADF&G processor code, and ADF&G fish ticket number(s) 
provided by the operator of the mothership or buying station delivering 
to a mothership, or the manager of a shoreside processor or buying 
station delivering to a shoreside processor.
    (v) Catcher/processors. If a catcher/processor, the operator must 
record product information as set forth in paragraph (a)(9) of this 
section.
    (d) Buying station DCL--(1) Time limits. (i) The operator or manager 
of each buying station subject to this part must record entries in the 
DCL as to catcher vessel delivery information within 2 hours after 
completion of receipt of the groundfish.
    (ii) All other information required in the DCL must be recorded by 
noon of the day following the day the receipt of groundfish was 
completed or discard occurred.
    (2) Information required--(i) General. The operator or manager of a 
buying station must record for each page:
    (A) Page number as described in paragraph (a)(6)(iii)(A) of this 
section.
    (B) The date.
    (C) The buying station name and, if a vessel, the ADF&G vessel 
number.
    (D) The operator's or manager's signature.
    (E) Whether the buying station is in an active or inactive period as 
described in paragraph (a)(7) of this section.
    (F) The name and ADF&G processor code of the mothership or shoreside 
processor to which groundfish deliveries were made.
    (G) The number of crew.
    (ii) Groundfish deliveries. The operator or manager of a buying 
station must record the following information for each delivery of 
groundfish:
    (A) The ADF&G fish ticket number issued to each catcher vessel 
delivering groundfish. If a fish ticket was not issued, the catch 
receipt number of the transaction.
    (B) Whether blue DFL logsheets were received from the catcher vessel 
delivering the groundfish.
    (C) The time when receipt of groundfish catch was completed.
    (D) The name and ADF&G vessel registration number of the catcher 
vessel delivering the groundfish.
    (E) The total groundfish delivery weight.
    (iii) Discard/donated species information. The operator or manager 
of the buying station must record discard/donation information as 
described in paragraph (a)(10) of this section.
    (e) Mothership DCPL--(1) Time limits. (i) The operator of each 
mothership must record entries in the DCPL as to catcher vessel or 
buying station delivery information within 2 hours after completion of 
the groundfish receipt.
    (ii) All other information required in the DCPL must be recorded by 
noon of the day following the day the catch receipt, discard, or 
production occurred.
    (2) Information required--(i) General. The operator of each 
mothership must record on each page:
    (A) Page number as described in paragraph (a)(6)(iii)(A) of this 
section.
    (B) The date.
    (C) The name, ADF&G processor number, and Federal processor number.
    (D) The operator's signature.

[[Page 375]]

    (E) Whether mothership is in an active or inactive period as 
described in paragraph (a)(7) of this section.
    (ii) Deliveries. The operator or each mothership must record for 
each delivery:
    (A) Whether delivery is from a catcher vessel or a buying station.
    (B) The name and ADF&G vessel registration number (if applicable) of 
the catcher vessel or buying station delivering the groundfish.
    (C) The time and position coordinates of the mothership when 
groundfish catch is received.
    (D) The estimated total ground fish weight of the groundfish catch.
    (E) The ADF&G fish ticket number issued to each catcher vessel 
delivering groundfish. If a fish ticket is not issued, record the catch 
receipt number of the transaction.
    (iii) Discard/donation. The operator of each mothership must record 
discard/donation information as described in paragraph (a)(10) of this 
section.
    (iv) Production information. The operator of each mothership must 
record product information as described in paragraph (a)(9) of this 
section.
    (f) Shoreside processor DCPL--(1) Time limits. (i) The manager of 
each shoreside processor must record in the DCPL all catcher vessel or 
buying station delivery information within 2 hours after completion of 
the groundfish receipt.
    (ii) All other information required in the DCPL must be recorded by 
noon of the day following the day the catch receipt, discard, or 
production occurred.
    (2) Information required--(i) Part IA. The manager of each shoreside 
processor must record on each page:
    (A) If a page is for an individual day, the date. If a page is for 1 
week, the week-ending date. See also paragraph (a)(6)(iii)(A) of this 
section.
    (B) Participant identification information as described in paragraph 
(a)(5) of this section.
    (C) The signature of the manager.
    (D) Whether the shoreside processor is in an active or inactive 
period as described in paragraph (a)(7) of this section.
    (ii) Part IB. The manager of each shoreside processor must record 
the following information for each delivery:
    (A) Date and time when receipt of groundfish catch was completed.
    (B) Whether delivery is from catcher vessel or buying station.
    (C) Whether blue DFL logsheets were submitted by catcher vessel.
    (D) The name and ADF&G vessel registration number (if applicable) of 
the catcher vessel or buying station delivering the groundfish.
    (E) The total scale weight of groundfish delivery in pounds or to 
the nearest 0.01 mt.
    (F) The ADF&G fish ticket number issued to the catcher vessel 
delivering groundfish. If a fish ticket is not issued, record the catch 
receipt number of the transaction.
    (iii) Landings information, Part IC. The manager must record:
    (A) The date next to the appropriate day of the week (SUN through 
SAT).
    (B) Landings information as described in paragraph (a)(8) of this 
section.
    (iv) Discarded/donated species information (Part ID). The manager of 
each shoreside processor must record:
    (A) The date next to the appropriate day of the week (SUN through 
SAT).
    (B) Discard information, as described in paragraph (a)(10) of this 
section.
    (v) Part II. The manager of each shoreside processor must record:
    (A) Page numbers must be consecutive within Part II, beginning with 
page one for the first day product was produced after the start of the 
fishing year and continuing throughout the section for the remainder of 
the fishing year.
    (B) The name, ADF&G processor code number, and Federal processor 
number of shoreside processor.
    (C) The signature of the manager of the shoreside processor.
    (D) Product information. (1) The week-ending date.
    (2) The management area (BSAI or GOA).
    (3) The date next to the appropriate day of the week (SUN through 
SAT).
    (4) Product information as described in paragraph (a)(9) of this 
section.
    (g) Groundfish Product Transfer Report (PTR)--(1) Applicability. (i) 
The operator of a mothership or catcher/processor or the manager of a 
shoreside

[[Page 376]]

processor must record each transfer of groundfish product on a separate 
PTR.
    (ii) The manager of a shoreside processor must report on a PTR those 
fish products that are subsequently transferred to an offsite meal 
reduction plant.
    (iii) The operator of a mothership or catcher/processor or manager 
of a shoreside processor must report on a PTR, daily sales or transfer 
of groundfish to vessels for bait. Individual sales of groundfish for 
bait purposes during a day may be aggregated when recording the amount 
of product leaving a facility that day.
    (2) Time limits and submittal. The operator of a mothership or 
catcher/processor or manager of a shoreside processor must:
    (i) Record all product transfer information on a PTR within 2 hours 
of the completion of the transfer.
    (ii) Submit by fax a copy of each PTR to the Regional Director 
within 24 hours of completion of transfer.
    (3) Information required--(i) General. The operator of a mothership 
or catcher/processor or manager of a shoreside processor must record on 
each page of a PTR:
    (A) Whether the PTR is an original or revised report, as described 
in paragraph (a)(6)(iii)(G) of this section.
    (B) Page numbers must be numbered consecutively, starting with the 
first transfer of the fishing year as page 1 and continuing throughout 
the remainder of the fishing year.
    (C) ``RECEIPT,'' if product (including raw fish) is received; 
``OFFLOAD,'' if product (including raw fish) is offloaded from a 
mothership or catcher/processor; ``SHIPMENT,'' if product (including raw 
fish) is shipped from a shoreside processor.
    (D) Representative identification information, as described in 
paragraph (a)(5)(vi) of this section.
    (E) If a catcher/processor or mothership, the participant 
identification information as described in paragraph (a)(5) of this 
section and USCG documentation number. If a shoreside processor, the 
participant identification information as described in paragraph (a)(5) 
of this section.
    (ii) Transfer information. The operator of a catcher/processor or 
mothership or manager of a shoreside processor must record on each page 
the following information for each transfer:
    (A) If another vessel is involved with the transfer, the name and 
call sign of the vessel receiving or delivering groundfish or groundfish 
products.
    (B) If a mothership or catcher/processor and the transfer takes 
place in port, the port of landing and country, if a foreign location.
    (C) If the transfer is made to an agent, the agent's name. For 
purposes of this section, ``agent'' is defined as the transport company, 
the buyer, or the distributor.
    (D) Intended first destination of product. (1) If an offload or 
shipment, the intended destination of the vessel or agent receiving the 
groundfish or groundfish product.
    (2) If an offload or shipment has several destinations, the first 
intended destination.
    (3) If offload or shipment has a single destination but requires 
loading on multiple vans, trucks, or airline flights, the transfer may 
be recorded on a single PTR page.
    (E) Date and time of product transfer--(1) Start date. The date, as 
described in paragraph (a)(6)(iii)(B) of this section, and time, as 
described in paragraph (a)(6)(iii)(C) of this section, the transfer 
starts.
    (2) Finish date. The date and time the transfer is completed, as 
follows:
    (i) If shipment is an individual van load or flight, the date and 
time when each shipment leaves the plant.
    (ii) If shipment involves multiple vans or trucks, the date and time 
when loading of vans or trucks is completed for each day.
    (iii) If shipment involves airline flights, record date, as 
described in paragraph (a)(6)(iii)(B) of this section, and time, as 
described in paragraph (a)(6)(iii)(C) of this section, when the last 
airline flight shipment of the day leaves the plant.
    (F) Position transferred. If a catcher/processor or mothership and 
transfer of product is made at sea, the transfer position coordinates.
    (iii) Products and quantities offloaded, shipped, or received. The 
operator of a catcher/processor or mothership or

[[Page 377]]

manager of a shoreside processor must record the following information:
    (A) If a catcher/processor or mothership, the Harvest Zone code of 
the area in which groundfish were harvested as defined in Table 8 of 
this part.
    (B) The species code and product code for each product transferred 
as defined in Tables 1 and 2 of this part.
    (C) The number of cartons or production units transferred.
    (D) The average net weight of one carton for each species and 
product code in kilograms or pounds.
    (E) The total net weight (fish product weight, to the nearest 0.01 
mt) of the products transferred.
    (iv) Total or partial offload. If a catcher/processor or mothership, 
whether the transfer is a total or partial offload. If partial offload, 
the total fish product weight, to the nearest 0.01 mt, of the products 
(by harvest zone, species and product codes) remaining on board after 
this transfer.
    (h) Check-in/check-out report--(1) Applicability--(i) Transit 
between reporting areas. If a vessel is transiting through a reporting 
area and is not fishing or receiving fish, a check-in or check-out 
report is not required from that area.
    (ii) Multiple vessel operations categories--(A) Check-in report. If 
a catcher/processor is functioning simultaneously as a mothership in the 
same reporting area, the operator must submit a separate check-in report 
for each vessel operations category.
    (B) Check-out report. Upon completion of each activity, the operator 
must submit a check-out report for each vessel operations category.
    (2) Time limits and submittal--(i) Check-in report (BEGIN message)--
(A) Catcher/processor. Before the operator of a catcher/processor 
commences harvest of groundfish in Alaska State or Federal waters of any 
reporting area except 300, 400, 550, or 690, the operator must submit by 
fax a check-in report (BEGIN message) to the Regional Director.
    (B) Mothership, shoreside processor, buying station. Before a 
mothership, shoreside processor, or buying station commences receipt of 
groundfish from Alaska State or Federal waters of any reporting area 
except 300, 400, 550, or 690, the operator or manager must submit by fax 
a check-in report (BEGIN message) to the Regional Director.
    (ii) Check-out report (CEASE message)--(A) Catcher/processor. If a 
catcher/processor departs a reporting area or moves between Alaska State 
and Federal waters in a reporting area, and gear retrieval is complete 
from that area, the operator must submit by fax a check-out report to 
the Regional Director within 24 hours after departing a reporting area 
or leaving either the Alaska State or Federal part of a reporting area.
    (B) Mothership or buying station delivering to a mothership. If a 
mothership or buying station delivering to a mothership completes 
receipt of groundfish, the operator must submit by fax a check-out 
report to the Regional Director within 24 hours after departing a 
reporting area or leaving either the Alaska State or Federal part of a 
reporting area.
    (C) Shoreside processor. If a shoreside processor, the manager must 
submit by fax a check-out report to the Regional Director within 48 
hours after the end of the applicable weekly reporting period that a 
shoreside processor ceases to process groundfish for the fishing year or 
has not processed groundfish for more than one weekly reporting period.
    (D) Buying station delivering to a shoreside processor. If a buying 
station delivering to a shoreside processor completes delivery of 
groundfish, the operator or manager of the buying station must submit by 
fax a check-out report to the Regional Director within 24 hours after 
departing a reporting area or leaving either the Alaska State or Federal 
part of a reporting area.
    (E) End of fishing year. If a check-out report has not previously 
been submitted during a fishing year, the operator or manager must 
submit a check-out report at the end of that fishing year, December 31.
    (3) Information required--(i) General. The operator of a catcher/
processor, mothership, or buying station delivering to a mothership or 
the manager of a shoreside processor or buying station delivering to a 
shoreside processor must record on each page:

[[Page 378]]

    (A) Whether it is an original or revised report as described in 
paragraph (a)(6)(iii)(G) of this section.
    (B) Participant identification information as described in paragraph 
(a)(5) of this section.
    (C) Representative identification information as described in 
paragraph (a)(5)(vi) of this section.
    (D) For a mothership or catcher/processor, the processor type and 
gear type used to harvest the groundfish. If groundfish are received by 
a mothership in the same reporting area from more than one gear type, or 
if groundfish are caught by a catcher/processor in the same reporting 
area using more than one gear type, the operator must submit a separate 
form for each gear type.
    (E) Whether harvest is under a CDQ Program; if yes, the CDQ number.
    (F) If a buying station, the number of crew on the last day of the 
reporting week.
    (ii) BEGIN message. The operator of a catcher/processor, mothership, 
or buying station delivering to a mothership or the manager of a 
shoreside processor or buying station delivering to a shoreside 
processor must record:
    (A) For a catcher/processor, date and time that gear is deployed. 
For a mothership, date and time that receipt of groundfish begins.
    (B) For a catcher/processor, position coordinates where gear is set. 
For a mothership, position coordinates where groundfish receipt begins.
    (C) For a catcher/processor, the reporting area code of gear 
deployment and whether gear deployment was in Federal or Alaska State 
waters. For a mothership or buying station delivering to a mothership, 
the reporting area code where groundfish receipt begins and whether 
receipt of groundfish occurred in Federal or Alaska State waters.
    (D) For a shoreside processor, the date receipt of groundfish will 
begin, whether checking in for the first time in fishing year or 
checking in to restart receipt and processing of groundfish after filing 
a check-out report.
    (E) For a mothership or catcher/processor, the primary and secondary 
species expected to be harvested. For a buying station, the intended 
primary target expected to be harvested. A change in intended target 
species within the same reporting area does not require a new BEGIN 
message.
    (iii) CEASE message. The operator of a catcher/processor, 
mothership, or buying station delivering to a mothership or the manager 
of a shoreside processor or buying station delivering to a shoreside 
processor must report:
    (A) If a catcher/processor, mothership or buying station delivering 
to a mothership, the date, time and position coordinates where the 
vessel departed the reporting area or moved to Federal waters from 
Alaska State waters within a reporting area, or vice versa.
    (B) If a shoreside processor or buying station delivering to a 
shoreside processor, the date that receipt of groundfish ceased.
    (iv) Fish or fish product held at plant. The manager of a shoreside 
processor must report the weight of the fish or fish products in pounds 
or to the nearest 0.01 mt by species and product codes.
    (i) Weekly Production Report (WPR)--(1) Applicability. (i) The 
operator of a catcher/processor or mothership or the manager of a 
shoreside processor must submit a WPR for any week the mothership, 
catcher/processor, or shoreside processor is checked in pursuant to 
paragraph (h)(2)(i) of this section.
    (ii) The operator of a vessel that is authorized to conduct 
operations as both a catcher/processor and as a mothership must submit 
separate WPRs to report production and discard as a catcher/processor 
and production and discard as a mothership.
    (2) Time limits and submittal. The operator or manager must submit a 
WPR by fax to the Regional Director by 1200 hours, A.l.t., on the 
Tuesday following the end of the applicable weekly reporting period.
    (3) Information required--(i) General. The operator of a catcher/
processor or mothership, or the manager of a shoreside processor must 
record on each page:
    (A) Whether an original or revised report, as described in paragraph 
(a)(6)(iii)(G) of this section.

[[Page 379]]

    (B) Participant identification information as described in paragraph 
(a)(5) of this section.
    (C) Representative identification information as described in 
paragraph (a)(5)(vi) of this section and date WPR was completed.
    (D) If a mothership or catcher/processor, the processor type and 
gear type used to harvest the groundfish.
    (E) Whether harvest is under a CDQ Program; if yes, the CDQ number.
    (F) The week-ending date.
    (G) The primary and secondary target codes for the next week.
    (H) If a mothership or catcher/processor, the number of crew on the 
last day of the reporting week.
    (ii) Landings information. The manager of a shoreside processor must 
report landings information as described in paragraph (a)(8) of this 
section.
    (iii) Discarded/donated species information (Part ID). The operator 
of a catcher/processor or mothership, or the manager of a shoreside 
processor must report discard/donated species information as described 
in paragraph (a)(10) of this section.
    (iv) Product information. The operator of a catcher/processor or 
mothership, or the manager of a shoreside processor must report product 
information as described in paragraph (a)(9) of this section.
    (v) Catcher vessel delivery information. If ADF&G fish tickets are 
issued, the operator of the mothership or manager of the shoreside 
processor must list the fish ticket numbers issued to catcher vessels 
for the weekly reporting period.
    (j) Daily Production Report (DPR)--(1) Notification. If the Regional 
Director determines that DPRs are necessary to avoid exceeding a 
groundfish TAC or prohibited species bycatch allowance, NMFS may require 
submission of DPRs from motherships, catcher/processors, and shoreside 
processors for reporting one or more specified species, in addition to a 
WPR. NMFS will publish notification in the Federal Register specifying 
the fisheries that require DPRs and the dates that submittal of DPRs are 
required.
    (2) Applicability. (i) If a catcher/processor, mothership, or 
shoreside processor is checked in to the specified reporting area and is 
harvesting, receiving, processing, or discarding the specified species 
or is receiving reports from a catcher vessel of discard at sea of the 
specified species, the operator of catcher/processor or mothership or 
the manager of a shoreside processor must submit a DPR.
    (ii) The operator of a catcher/processor or mothership or the 
manager of a shoreside processor must use a separate DPR for each gear 
type, processor type, and CDQ number.
    (3) Time limit and submittal. The operator or manager must submit a 
DPR by fax to the Regional Director by 1200 hours, A.l.t., the day 
following each day of landings, discard, or production.
    (4) Information required--(i) General. The operator of a catcher/
processor or mothership, or the manager of a shoreside processor must 
record on each page:
    (A) Whether it is an original or revised report as described in 
paragraph (a)(6)(iii)(G) of this section.
    (B) Participant identification information as described in paragraph 
(a)(5) of this section, and processor type.
    (C) Representative identification information as described in 
paragraph (a)(5)(vi) of this section.
    (D) The gear type used to harvest the groundfish, date landings were 
received, and Federal reporting area where landings were harvested.
    (E) Whether harvest is under a CDQ Program; if yes, the CDQ number.
    (ii) Landings information. The manager of a shoreside processor must 
report landings information as described in paragraph (a)(8) of this 
section.
    (iii) Product information. The operator of a mothership or catcher/
processor must report product information as described in paragraph 
(a)(9) of this section.
    (iv) Discard/donated species information. The operator of a 
mothership or catcher/processor and the manager of a shoreside processor 
must report discard/donated species information as described in 
paragraph (a)(10) of this section.
    (k) U.S. Vessel Activity Report (VAR)--(1) Applicability. The 
operator of a catcher vessel, catcher/processor, or mothership regulated 
under this part must submit a VAR by fax to NMFS Alaska Enforcement 
Division, Juneau,

[[Page 380]]

AK, before the vessel crosses the seaward boundary of the EEZ off Alaska 
or crosses the U.S.-Canadian international boundary between Alaska and 
British Columbia.
    (2) Information required--(i) General. The operator of each catcher 
vessel, catcher/processor, or mothership must record on each page:
    (A) Whether an original or revised report as described in paragraph 
(a)(6)(iii)(G) of this section.
    (B) Participant identification information as described in paragraph 
(a)(5) of this section.
    (C) Representative identification information as described in 
paragraph (a)(5)(vi) of this section, and date VAR was completed.
    (D) If the vessel is crossing into the seaward boundary of the EEZ 
off Alaska or crossing the U.S.-Canadian international boundary between 
Alaska and British Columbia, the operator must indicate ``return'' 
report.
    (E) If the vessel is crossing out of the seaward boundary of the EEZ 
off Alaska or crossing the U.S.-Canadian international boundary between 
Alaska and British Columbia into Canadian waters, the operator must 
indicate ``depart'' report.
    (F) Port of landing.
     (G) Whether the vessel is returning from fishing or departing to 
fish in the Russian Zone.
    (H) Date and time the vessel will cross the seaward boundary of the 
EEZ off Alaska or the U.S.-Canadian international boundary between 
Alaska and British Columbia.
    (I) Latitude and longitude at the point of crossing the seaward 
boundary of the EEZ off Alaska or U.S.-Canadian international boundary 
between Alaska and British Columbia.
    (ii) Fish or fish products. The operator of a catcher vessel, 
catcher/processor, or mothership must record the fish or fish product on 
board the vessel when crossing the seaward boundary of the EEZ off 
Alaska or U.S.-Canadian international boundary as follows:
    (A) The Harvest Zone code of the area in which groundfish were 
harvested as defined in Table 8 of this part.
    (B) The species code and product code for each species on board as 
defined in Tables 1 and 2 of this part.
    (C) The fish product weight of products on board in pounds or to the 
nearest 0.01 mt.
    (l) IFQ recordkeeping and reporting requirements. In addition to the 
recordkeeping and reporting requirements in this section and as 
prescribed in the annual management measures published in the Federal 
Register pursuant to Sec. 300.62 of chapter III of this title, the 
following reports are required.
    (1) IFQ landings report--(i) Prior notice of IFQ landing. Except as 
provided in paragraph (l)(1)(i)(C) of this section, the operator of any 
vessel making an IFQ landing must notify the Alaska Region, NMFS, no 
fewer than 6 hours before landing IFQ halibut or IFQ sablefish, unless 
permission to commence an IFQ landing within 6 hours of notification is 
granted by a clearing officer.
    (A) Notification of an IFQ landing must be made to the toll-free 
telephone number specified on the IFQ permit between the hours of 0600 
hours, A.l.t., and 2400 hours, A.l.t.
    (B) Notification must include: Name and location of the registered 
buyer(s) to whom the IFQ halibut or IFQ sablefish will be landed, vessel 
identification, estimated weight of the IFQ halibut or IFQ sablefish 
that will be landed, identification number(s) of the IFQ card(s) that 
will be used to land the IFQ halibut or IFQ sablefish, and anticipated 
date and time of landing.
    (C) The operator of a category B, C, or D vessel, as defined at 
Sec. 679.40(a)(5), making an IFQ landing of IFQ halibut of 500 lb (0.227 
mt) or less of weight determined pursuant to Sec. 679.42(c)(ii) and 
concurrent with a legal landing of salmon is exempt from the prior 
notice of landing required by this section.
    (ii) Registered buyer reports IFQ landings. (A) A registered buyer 
must report an IFQ landing in the manner prescribed on the registered 
buyer permit within 6 hours after all such fish are landed and prior to 
shipment or departure of the delivery vessel from the landing site.
    (B) An IFQ landing may commence only between 0600 hours, A.l.t., and 
1800 hours, A.l.t., unless:

[[Page 381]]

    (1) Permission to land at a different time is granted in advance by 
a clearing officer; or
    (2) IFQ halibut of 500 lb (0.227 mt) or less of weight determined 
pursuant to Sec. 679.42(c)(ii) is landed concurrently with a legal 
landing of salmon by a category B, C, or D vessel, as defined at 
Sec. 679.40(a)(5).
    (iii) Verification and inspection. (A) Each IFQ landing and all fish 
retained on board the vessel making an IFQ landing are subject to 
verification, inspection, and sampling by authorized officers, clearing 
officers, or observers. Each IFQ halibut landing is subject to sampling 
for biological information by persons authorized by the IPHC.
    (B) A copy of all reports and receipts required by this section must 
be retained by registered buyers and be made available for inspection by 
an authorized officer or a clearing officer for a period of 3 years.
    (iv) Information required. Information contained in a complete IFQ 
landing report shall include: Date, time, and location of the IFQ 
landing; names and permit numbers of the IFQ card holder and registered 
buyer; product type landed; and fish product weight of sablefish and 
halibut landed.
    (2) IFQ shipment report--(i) Applicability. Each registered buyer, 
other than those conducting dockside sales, must report on a shipment 
report any shipments or transfers of IFQ halibut and IFQ sablefish to 
the first destination beyond the location of the IFQ landing.
    (ii) Submittal. (A) A shipment report must be submitted to NMFS 
Alaska Enforcement Division prior to shipment or transfer, in a manner 
prescribed on the registered buyer permit.
    (B) A shipment report must specify: Species and product type being 
shipped, number of shipping units, fish product weight, names of the 
shipper and receiver, names and addresses of the consignee and 
consignor, mode of transportation, and intended route.
    (iii) Registered Buyer. A registered buyer must:
    (A) Complete a Shipment Report for each shipment or transfer from 
that registered buyer prior to shipment and assure that the Shipment 
Report is submitted to, and received by, the NMFS Alaska Enforcement 
Division, within 7 days of the date shipment or transfer commenced;
    (B) Assure that a copy of the Shipment Report or a bill of lading 
that contains the same information accompanies the shipment to its first 
destination beyond the location of the IFQ landing; and
    (C) Submit a revised Shipment Report if any information on the 
original Shipment Report changes prior to the first destination of the 
shipment. A revised Shipment Report must be clearly labeled ``Revised 
Shipment Report,'' and must be received by the NMFS Alaska Enforcement 
Division, within 7 days of the change.
    (iv) Dockside sale and outside landing. (A) A person holding a valid 
IFQ permit, IFQ card, and registered buyer permit may conduct a dockside 
sale of IFQ halibut or IFQ sablefish to a person who has not been issued 
a registered buyer permit.
    (B) The person making such an IFQ landing must submit an IFQ landing 
report in the manner prescribed in paragraph (l)(1) of this section 
before any fish are sold, transferred, or removed from the immediate 
vicinity of the vessel with which they were harvested.
    (C) A receipt that includes the date of sale or transfer, the 
registered buyer permit number, and the fish product weight of the 
sablefish or halibut transferred must be issued to each individual 
receiving IFQ halibut or IFQ sablefish through a dockside sale.
    (D) A person holding a valid IFQ permit, IFQ card, and registered 
buyer permit may conduct a IFQ landing outside an IFQ regulatory area or 
the State of Alaska to a person who does not hold a registered buyer 
permit. The person making such an IFQ landing must submit an IFQ landing 
report in the manner prescribed in paragraph (l)(1) of this section.
    (v) Transshipment. No person may transship processed IFQ halibut or 
IFQ sablefish between vessels without authorization by a clearing 
officer. Authorization from a clearing officer must be obtained for each 
instance of transshipment at least 24 hours before the transshipment is 
intended to commence. Requests for authorization

[[Page 382]]

must specify the date and location of the transshipment.
    (3) IFQ vessel clearance--(i) Applicability. A person who makes an 
IFQ landing at any location other than in an IFQ regulatory area or in 
the State of Alaska must obtain prelanding written clearance of the 
vessel and provide the weight of IFQ halibut and IFQ sablefish on board 
to the clearing officer.
    (ii) State of Alaska. A vessel obtaining prelanding written 
clearance at a port in the State of Alaska must obtain that clearance 
prior to departing the waters of the EEZ adjacent to the jurisdictional 
waters of the State of Alaska, the territorial sea of the State of 
Alaska, or the internal waters of the State of Alaska.
    (iii) State other than Alaska. (A) A vessel obtaining prelanding 
written clearance at a port in a state other than Alaska must provide a 
departure report to NMFS, Alaska Region, prior to departing the waters 
of the EEZ adjacent to the jurisdictional waters of the State of Alaska, 
the territorial sea of the State of Alaska, or the internal waters of 
the State of Alaska.
    (B) The departure report must include the weight of the IFQ halibut 
or IFQ sablefish on board and the intended date and time the vessel will 
obtain prelanding written clearance at that port in a state other than 
Alaska.
    (iv) Foreign port other than Canada. A vessel operator who lands IFQ 
species in a foreign port must first obtain vessel clearance from a 
clearing officer located at a primary port in the State of Alaska.
    (v) Canadian ports. No person shall make an IFQ landing in Canada 
other than at the ports of Port Hardy, Prince Rupert, or Vancouver, 
British Columbia.
    (vi) Reporting requirements. (A) A vessel operator must land and 
report all IFQ species on board at the same time and place as the first 
landing of any species harvested during a fishing trip.
    (B) Any person requesting a vessel clearance must have valid IFQ and 
registered buyer permits and one or more valid IFQ cards on board that 
indicate that IFQ holdings are equal to or greater than all IFQ halibut 
and IFQ sablefish on board, and must report the intended date, time, and 
location of IFQ landing.
    (C) Any person granted a vessel clearance must submit an IFQ landing 
report, required under this section, for all IFQ halibut, IFQ sablefish, 
and products thereof that are on board the vessel at the first landing 
of any fish from the vessel.
    (vii) Inspection. A vessel seeking clearance is subject to 
inspection of all fish, log books, permits, and other documents on board 
the vessel, at the discretion of the clearing officer.
    (viii) Primary ports. Unless specifically authorized on a case-by-
case basis, vessel clearances will be issued only by clearing officers 
at the following primary ports:

------------------------------------------------------------------------
              Port                  North latitude      West  longitude 
------------------------------------------------------------------------
Akutan.........................  54 deg.08'05''       165 deg.46'20''   
Bellingham.....................  48 deg.45'04''       122 deg.30'02''   
Cordova........................  60 deg.33'00''       145 deg.45'00''   
Craig..........................  55 deg.28'30''       133 deg.09'00''   
Dutch Harbor/Unalaska..........  53 deg.53'27''       166 deg.32'05''   
Excursion Inlet................  58 deg.25'00''       135 deg.26'30''   
Homer..........................  59 deg.38'40''       151 deg.33'00''   
Ketchikan......................  55 deg.20'30''       131 deg.38'45''   
King Cove......................  55 deg.03'20''       162 deg.19'00''   
Kodiak.........................  57 deg.47'20''       152 deg.24'10''   
Pelican........................  57 deg.57'30''       136 deg.13'30''   
Petersburg.....................  56 deg.48'10''       132 deg.58'00''   
St. Paul.......................  57 deg.07'20''       170 deg.16'30''   
Sand Point.....................  55 deg.20'15''       160 deg.30'00''   
Seward.........................  60 deg.06'30''       149 deg.26'30''   
Sitka..........................  57 deg.03'           135 deg.20'       
Yakutat........................  59 deg.33'           139 deg.44'       
------------------------------------------------------------------------


[61 FR 31230, June 19, 1996, as amended at 61 FR 35578, July 5, 1996; 61 
FR 41525, Aug. 9, 1996; 61 FR 49981, Sept. 24, 1996]



Sec. 679.6  Experimental fisheries.

    (a) General. For limited experimental purposes, the Regional 
Director may authorize, after consulting with the Council, fishing for 
groundfish in a manner that would otherwise be prohibited. No 
experimental fishing may be conducted unless authorized by an 
experimental fishing permit issued by the Regional Director to the 
participating vessel owner in accordance with the criteria and 
procedures specified in this section. Experimental fishing permits will 
be issued without charge and will expire at the end of a calendar year 
unless otherwise provided for under paragraph (e) of this section.

[[Page 383]]

    (b) Application. An applicant for an experimental fishing permit 
shall submit to the Regional Director, at least 60 days before the 
desired effective date of the experimental fishing permit, a written 
application including, but not limited to, the following information:
    (1) The date of the application.
    (2) The applicant's name, mailing address, and telephone number.
    (3) A statement of the purpose and goal of the experiment for which 
an experimental fishing permit is needed, including a general 
description of the arrangements for disposition of all species harvested 
under the experimental fishing permit.
    (4) Technical details about the experiment, including:
    (i) Amounts of each species to be harvested that are necessary to 
conduct the experiment, and arrangement for disposition of all species 
taken.
    (ii) Area and timing of the experiment.
    (iii) Vessel and gear to be used.
    (iv) Experimental design (e.g., sampling procedures, the data and 
samples to be collected, and analysis of the data and samples).
    (v) Provision for public release of all obtained information, and 
submission of interim and final reports.
    (5) The willingness of the applicant to carry observers, if required 
by the Regional Director, and a description of accommodations and work 
space for the observer(s).
    (6) Details for all coordinating parties engaged in the experiment 
and signatures of all representatives of all principal parties.
    (7) Information about each vessel to be covered by the experimental 
fishing permit, including:
    (i) Vessel name.
    (ii) Name, address, and telephone number of owner and master.
    (iii) USCG documentation, state license, or registration number.
    (iv) Home port.
    (v) Length of vessel.
    (vi) Net tonnage.
    (vii) Gross tonnage.
    (8) The signature of the applicant.
    (9) The Regional Director may request from an applicant additional 
information necessary to make the determinations required under this 
section. Any application that does not include all necessary information 
will be considered incomplete. An incomplete application will not be 
considered to be complete until the necessary information is provided in 
writing. An applicant for an experimental fishing permit need not be the 
owner or operator of the vessel(s) for which the experimental fishing 
permit is requested.
    (c) Review procedures. (1) The Regional Director, in consultation 
with the Alaska Fishery Science Center, will review each application and 
will make a preliminary determination whether the application contains 
all the information necessary to determine if the proposal constitutes a 
valid fishing experiment appropriate for further consideration. If the 
Regional Director finds any application does not warrant further 
consideration, the applicant will be notified in writing of the reasons 
for the decision.
    (2) If the Regional Director determines any application is complete 
and warrants further consideration, he or she will initiate consultation 
with the Council by forwarding the application to the Council. The 
Council's Executive Director shall notify the applicant of a meeting at 
which the Council will consider the application and invite the applicant 
to appear in support of the application, if the applicant desires. If 
the Regional Director initiates consultation with the Council, NMFS will 
publish notification of receipt of the application in the Federal 
Register with a brief description of the proposal.
    (d) Notifying the applicant. (1) The decision of the Regional 
Director, after consulting with the Council, to grant or deny an 
experimental fishing permit is the final action of the agency. The 
Regional Director shall notify the applicant in writing of the decision 
to grant or deny the experimental fishing permit and, if denied, the 
reasons for the denial, including:
    (i) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with the application.
    (ii) According to the best scientific information available, the 
harvest to be conducted under the permit would

[[Page 384]]

detrimentally affect living marine resources, including marine mammals 
and birds, and their habitat in a significant way.
    (iii) Activities to be conducted under the experimental fishing 
permit would be inconsistent with the intent of this section or the 
management objectives of the FMP.
    (iv) The applicant has failed to demonstrate a valid justification 
for the permit.
    (v) The activity proposed under the experimental fishing permit 
could create a significant enforcement problem.
    (vi) The applicant failed to make available to the public 
information that had been obtained under a previously issued 
experimental fishing permit.
    (vii) The proposed activity had economic allocation as its sole 
purpose.
    (2) In the event a permit is denied on the basis of incomplete 
information or design flaws, the applicant will be provided an 
opportunity to resubmit the application, unless a permit is denied 
because experimental fishing would detrimentally affect marine 
resources, be inconsistent with the management objectives of the FMP, 
create significant enforcement problems, or have economic allocation as 
its sole purpose.
    (e) Terms and conditions. The Regional Director may attach terms and 
conditions to the experimental fishing permit that are consistent with 
the purpose of the experiment, including, but not limited to:
    (1) The maximum amount of each species that can be harvested and 
landed during the term of the experimental fishing permit, including 
trip limitations, where appropriate.
    (2) The number, sizes, names, and identification numbers of the 
vessels authorized to conduct fishing activities under the experimental 
fishing permit.
    (3) The time(s) and place(s) where experimental fishing may be 
conducted.
    (4) The type, size, and amount of gear that may be used by each 
vessel operated under the experimental fishing permit.
    (5) The condition that observers be carried aboard vessels operated 
under an experimental fishing permit.
    (6) Reasonable data reporting requirements.
    (7) Such other conditions as may be necessary to assure compliance 
with the purposes of the experimental fishing permit and consistency 
with the FMP objectives.
    (8) Provisions for public release of data obtained under the 
experimental fishing permit.
    (f) Effectiveness. Unless otherwise specified in the experimental 
fishing permit or superseding notification or regulation, an 
experimental fishing permit is effective for no longer than 1 calendar 
year, but may be revoked, suspended, or modified during the calendar 
year. Experimental fishing permits may be renewed following the 
application procedures in paragraph (b) of this section.



 Sec. 679.7  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 of 
this chapter, it is unlawful for any person to do any of the following:
    (a) Groundfish of the GOA and BSAI--(1) Federal fisheries permit. 
Fish for groundfish with a vessel of the United States that does not 
have on board a valid Federal fisheries permit issued pursuant to 
Sec. 679.4.
    (2) Inseason adjustment. Conduct any fishing contrary to 
notification of inseason adjustment issued under Sec. 679.25.
    (3) Observer plan. Fish for groundfish except in compliance with the 
terms of an observer plan as provided by subpart E of this part.
    (4) Pollock roe. Retain pollock roe on board a vessel in violation 
of Sec. 679.20(g).
    (5) Bycatch rate standard. Exceed a bycatch rate standard specified 
for a vessel under Sec. 679.21(f).
    (6) Gear. Deploy any trawl, longline, single pot-and-line, or jig 
gear in an area when directed fishing for, or retention of, all 
groundfish by operators of vessels using that gear type is prohibited in 
that area, except that this paragraph (a)(6) shall not prohibit:
    (i) Deployment of hook-and-line gear by operators of vessels fishing 
for halibut during seasons prescribed in the

[[Page 385]]

annual management measures published in the Federal Register pursuant to 
Sec. 300.62 of chapter III of this title.
    (ii) Deployment of pot gear by operators of vessels fishing for crab 
during seasons governed by the State of Alaska.
    (iii) Deployment of jig gear by operators of vessels fishing for 
salmon during seasons governed by the State of Alaska.
    (7) Inshore/offshore (Applicable through December 31, 1998).
    (i) Operate any vessel in more than one of the three categories 
included in the definition of ``inshore component,'' in Sec. 679.2, 
during any fishing year.
    (ii) Operate any vessel under both the ``inshore component'' and 
``offshore component'' definitions in Sec. 679.2 during the same fishing 
year.
    (8) Fishing in Donut Hole. Except as authorized by permit issued 
pursuant to the section of the Donut Hole Convention implementing 
legislation authorizing NMFS to issue Donut Hole fishing permits (Public 
Law 104-43, section 104(d)), it is unlawful for any person to:
    (i) Fish in the Donut Hole from a vessel for which a Federal 
fisheries permit has been issued pursuant to Sec. 679.4 during the year 
for which the permit was issued.
    (ii) Possess within the EEZ fish harvested from the Donut Hole on 
board a vessel for which a Federal fisheries permit has been issued 
pursuant to Sec. 679.4 during the year for which the permit was issued.
    (9) Authorized fishing gear. Retain groundfish taken with other than 
authorized fishing gear as defined in Sec. 679.2, except that groundfish 
incidentally taken by pot gear by a vessel while participating in an 
open crab season governed by the State of Alaska may be retained for use 
as unprocessed bait on board that vessel.
    (10) Recordkeeping and reporting. Fail to comply with or fail to 
ensure compliance with requirements in Sec. 679.5.
    (11) Tender vessel. Use a catcher vessel or catcher/processor as a 
tender vessel before offloading all groundfish or groundfish product 
harvested or processed by that vessel.
    (12) Salmon donation program. Retain or possess salmon, except as 
permitted to do so under the Salmon Donation Program as provided by 
Sec. 679.26, or as authorized by other applicable law.
    (b) Prohibitions specific to GOA--(1) Observer. Forcibly assault, 
resist, impede, intimidate, or interfere with an observer placed aboard 
a fishing vessel pursuant to this part.
    (2) [Reserved]
    (3) Halibut. With respect to halibut caught with hook-and-line gear 
deployed from a vessel fishing for groundfish, except for vessels 
fishing for halibut as prescribed in the annual management measures 
published in the Federal Register pursuant to Sec. 300.62 of chapter III 
of this title:
    (i) Fail to release the halibut outboard a vessel's rails.
    (ii) Release the halibut by any method other than--A) Cutting the 
gangion.
    (B) Positioning the gaff on the hook and twisting the hook from the 
halibut.
    (C) Straightening the hook by using the gaff to catch the bend of 
the hook and bracing the gaff against the vessel or any gear attached to 
the vessel.
    (iii) Puncture the halibut with a gaff or other device.
    (iv) Allow the halibut to contact the vessel, if such contact 
causes, or is capable of causing, the halibut to be stripped from the 
hook.
    (4) Crab, when fishing for groundfish with trawl gear. Except for 
pollock by vessels using pelagic trawl gear, have on board, at any 
particular time, 20 or more crabs of any species that have a width of 
more than 1.5 inches (38 mm) at the widest dimension, and that are 
caught with trawl gear when directed fishing for groundfish with trawl 
gear.
    (c) Prohibitions specific to BSAI--(1) Trawl gear in Zone 1. Use a 
vessel to fish with trawl gear in that part of Zone 1 closed to fishing 
with trawl gear:
    (i) In violation of Sec. 679.22(a)(1)(i) and (a)(2)(i), unless 
specifically allowed by NMFS as provided under Sec. 679.22(a)(1)(ii) and 
(a)(2)(ii).
    (ii) At any time when no scientific data collection and monitoring 
program exists or after such program has been terminated.

[[Page 386]]

    (iii) Without complying fully with a scientific data collection and 
monitoring program.
    (2) Incidental salmon. Discard any salmon taken incidental to a 
directed fishery for BSAI groundfish by vessels using trawl gear until 
notified by a NMFS-certified observer that the number of salmon has been 
determined and the collection of any scientific data or biological 
samples has been completed as provided in Sec. 679.21(c)(1).
    (3) Prohibited species. Conduct any fishing contrary to a 
notification issued under Sec. 679.21.
    (4) Crab, when fishing for pollock with nonpelagic trawl gear. Have 
on board at any particular time 20 or more crabs of any species that 
have a width of more than 1.5 inches (38 mm) at the widest dimension, 
caught with trawl gear when directed fishing for pollock with nonpelagic 
trawl gear.
    (d) CDQ (Applicable through December 31, 1998). (1) Participate in a 
Western Alaska CDQ program in violation of subpart C of this part, 
submit information that is false or inaccurate with a CDP application or 
request for an amendment, or exceed a CDQ as defined in Sec. 679.2.
    (2) Operate a vessel that harvests pollock for credit to a CDQ 
allocation when that allocation has been fully harvested.
    (e) Moratorium on entry. (1) Submit false or inaccurate information 
on a moratorium permit application or application to transfer moratorium 
qualification.
    (2) Alter, erase, or mutilate any moratorium permit.
    (3) Catch and retain a moratorium species with a vessel that has a 
LOA greater than the maximum LOA for the vessel.
    (4) Catch and retain a moratorium species with a vessel that has 
received an unauthorized transfer of moratorium qualification.
    (5) Catch and retain moratorium crab species or conduct directed 
fishing for any moratorium groundfish species with a vessel that has not 
been issued a valid moratorium permit, unless the vessel is lawfully 
conducting directed fishing for sablefish under subparts C and D of this 
part.
    (6) Catch and retain moratorium crab species or conduct directed 
fishing for any moratorium groundfish species with a vessel that does 
not have a valid moratorium permit on board, unless the vessel is 
lawfully conducting directed fishing for sablefish under subparts C and 
D of this part.
    (f) IFQ fisheries. (1) Fail to submit, or submit inaccurate 
information on, any report, application, or statement required under 
this part.
    (2) Intentionally submit false information on any report, 
application, or statement required under this part.
    (3) Retain halibut or sablefish caught with fixed gear without a 
valid IFQ permit and without an IFQ card in the name of an individual 
aboard.
    (4) Except as provided in Sec. 679.5(l)(3), retain IFQ halibut or 
IFQ sablefish on a vessel in excess of the total amount of unharvested 
IFQ, applicable to the vessel category and IFQ regulatory area in which 
the vessel is deploying fixed gear, and that is currently held by all 
IFQ card holders aboard the vessel, unless the vessel has an observer 
aboard under subpart E of this part and maintains the applicable daily 
fishing log prescribed in the annual management measures published in 
the Federal Register pursuant to Sec. 300.62 of chapter III of this 
title and Sec. 679.5.
    (5) Possess, buy, sell, or transport IFQ halibut or IFQ sablefish 
harvested or landed in violation of any provision of this part.
    (6) Make an IFQ landing without an IFQ card in the name of the 
individual making the landing.
    (7) Possess on a vessel or land IFQ sablefish concurrently with non-
IFQ sablefish, except that CDQ sablefish may be possessed on a vessel 
and landed concurrently with IFQ sablefish.
    (8) Discard Pacific cod or rockfish that are taken when IFQ halibut 
or IFQ sablefish are on board, unless Pacific cod or rockfish are 
required to be discarded under Sec. 679.20 or unless, in waters within 
the State of Alaska, Pacific cod or rockfish are required to be 
discarded by laws of the State of Alaska.
    (9) Harvest on any vessel more IFQ halibut or IFQ sablefish than are 
authorized under Sec. 679.42.

[[Page 387]]

    (10) Make an IFQ landing other than directly to (or by) a registered 
buyer.
    (11) Discard halibut or sablefish caught with fixed gear from any 
catcher vessel when any IFQ card holder aboard holds unused halibut or 
sablefish IFQ for that vessel category and the IFQ regulatory area in 
which the vessel is operating, unless:
    (i) Discard of halibut is required as prescribed in the annual 
management measures published in the Federal Register pursuant to 
Sec. 300.62 of chapter III of this title;
    (ii) Discard of sablefish is required under Sec. 679.20 or, in 
waters within the State of Alaska, discard of sablefish is required 
under laws of the State of Alaska; or
    (iii) Discard of halibut or sablefish is required under other 
provisions.
    (12) Make an IFQ landing without prior notice of landing and before 
6 hours after such notice, except as provided in Sec. 679.5.
    (13) Possess processed and unprocessed IFQ species on board a vessel 
during the same trip except when fishing exclusively with IFQ derived 
from vessel category A QS;
    (14) Any person who is issued a registered buyer permit under 
Sec. 679.4(d)(2) and who also is required to obtain a Federal processor 
permit under Sec. 679.4(f) may not transfer or receive sablefish 
harvested in Federal waters or halibut, unless the person possesses a 
valid Federal processor permit issued under Sec. 679.4.
    (15) Violate any other provision under subpart D of this part.
    (16) Process fish on board a vessel on which a person aboard has 
unused IFQ derived from QS issued to vessel categories B, C, or D, 
except as provided in Sec. 679.42(k) of this part;
    (g) Research Plan. (1) Forcibly assault, resist, oppose, impede, 
intimidate, or interfere with an observer.
    (2) Interfere with or bias the sampling procedure employed by an 
observer, including sorting or discarding any catch before sampling; or 
tamper with, destroy, or discard an observer's collected samples, 
equipment, records, photographic film, papers, or personal effects 
without the express consent of the observer.
    (3) Prohibit or bar by command, impediment, threat, coercion, or by 
refusal of reasonable assistance, an observer from collecting samples, 
conducting product recovery rate determinations, making observations, or 
otherwise performing the observer's duties.
    (4) Harass an observer by conduct that has sexual connotations, has 
the purpose or effect of interfering with the observer's work 
performance, or otherwise creates an intimidating, hostile, or offensive 
environment. In determining whether conduct constitutes harassment, the 
totality of the circumstances, including the nature of the conduct and 
the context in which it occurred, will be considered. The determination 
of the legality of a particular action will be made from the facts on a 
case-by-case basis.
    (5) Process or receive fish from a Research Plan fishery without a 
valid permit issued pursuant to this part.
    (6) Deliver fish from a Research Plan fishery to a processor not 
possessing a valid permit issued pursuant to this part.
    (7) Subtract from a billed fee assessment costs paid for observer 
coverage under provisions of Sec. 679.50 that are based on false or 
inaccurate information.
    (8) Fish for or process fish without observer coverage required 
under subpart E of this part.
    (9) Require an observer to perform duties normally performed by crew 
members, including, but not limited to, cooking, washing dishes, 
standing watch, vessel maintenance, assisting with the setting or 
retrieval of gear, or any duties associated with the processing of fish, 
from sorting the catch to the storage of the finished product.
    (h) Scallop fishery off Alaska. It is unlawful for any person to 
violate any provision of subpart F of this part while fishing for 
scallops in the Federal waters off Alaska.

[61 FR 31230, June 19, 1996, as amended at 61 FR 33385, June 27, 1996; 
61 FR 35578 July 5, 1996; 61 FR 38104, July 23, 1996; 61 FR 38359, July 
24, 1996; 61 FR 41525, Aug. 9, 1996]



Sec. 679.8  Facilitation of enforcement.

    See Sec. 600.740 of this chapter.

[[Page 388]]



Sec. 679.9  Penalties.

    See Sec. 600.735 of this chapter.



                     Subpart B--Management Measures



Sec. 679.20  General limitations.

    This section applies to vessels engaged in directed fishing for 
groundfish in the GOA and BSAI.
    (a) Harvest limits--(1) OY. The OY for BSAI and GOA target species 
and the ``other species'' category is a range that can be harvested 
consistently with this part, plus the amounts of ``nonspecified 
species'' taken incidentally to the harvest of target species and the 
``other species'' category. The species categories are defined in Table 
1 of the specifications as provided in paragraph (c) of this section.
    (i) BSAI. The OY for groundfish in the BSAI regulated by this 
section and by part 600 of this chapter is 1.4 to 2.0 million mt.
    (ii) GOA. The OY for groundfish in the GOA regulated by this section 
and by part 600 of this chapter is 116,000 to 800,000 mt.
    (2) TAC. NMFS, after consultation with the Council, will specify and 
apportion the annual TAC and reserves for each calendar year among the 
GOA and BSAI target species and the ``other species'' categories. TACs 
in the target species category may be split or combined for purposes of 
establishing new TACs with apportionments thereof under paragraph (c) of 
this section. The sum of the TACs so specified must be within the OY 
range specified in paragraph (a)(1) of this section.
    (3) Annual TAC determination. The annual determinations of TAC for 
each target species and the ``other species'' category, and the 
reapportionment of reserves may be adjusted, based upon a review of the 
following:
    (i) Biological condition of groundfish stocks. Resource assessment 
documents prepared annually for the Council that provide information on 
historical catch trend; updated estimates of the MSY of the groundfish 
complex and its component species groups; assessments of the stock 
condition of each target species and the ``other species'' category; 
assessments of the multispecies and ecosystem impacts of harvesting the 
groundfish complex at current levels, given the assessed condition of 
stocks, including consideration of rebuilding depressed stocks; and 
alternative harvesting strategies and related effects on the component 
species group.
    (ii) Socioeconomic considerations. Socioeconomic considerations that 
are consistent with the goals of the fishery management plans for the 
groundfish fisheries of the BSAI and the GOA, including the need to 
promote efficiency in the utilization of fishery resources, including 
minimizing costs; the need to manage for the optimum marketable size of 
a species; the impact of groundfish harvests on prohibited species and 
the domestic target fisheries that utilize these species; the desire to 
enhance depleted stocks; the seasonal access to the groundfish fishery 
by domestic fishing vessels; the commercial importance of a fishery to 
local communities; the importance of a fishery to subsistence users; and 
the need to promote utilization of certain species.
    (4) Sablefish TAC--(i) GOA Eastern Area. Vessels in the Eastern Area 
of the GOA using trawl gear will be allocated 5 percent of the sablefish 
TAC for bycatch in other trawl fisheries.
    (ii) GOA Central and Western Areas--(A) Hook-and-line gear. Vessels 
in the Central and Western Areas of the GOA using hook-and-line gear 
will be allocated 80 percent of the sablefish TAC in each of the Central 
and Western areas.
    (B) Trawl gear. Vessels using trawl gear will be allocated 20 
percent of the sablefish TAC in these areas.
    (iii) Bering Sea subarea--(A) Hook-and-line or pot gear. Vessels in 
the Bering Sea subarea using hook-and-line or pot gear will be allocated 
50 percent of each TAC for sablefish.
    (B) Trawl gear. Vessels in the Bering Sea subarea using trawl gear 
will be allocated 50 percent of each TAC for sablefish.
    (iv) Aleutian Islands subarea--(A) Hook-and-line or pot gear. 
Vessels in the Aleutian Islands subarea using hook-and-line or pot gear 
will be allocated 75 percent of each TAC for sablefish.
    (B) Trawl gear. Vessels in the Aleutian Islands subarea using trawl 
gear will be allocated 25 percent of each TAC for sablefish.

[[Page 389]]

    (5) Pollock TAC--(i) BSAI--(A) Seasonal allowances. The TAC of 
pollock in each subarea or district of the BSAI will be divided, after 
subtraction of reserves, into two allowances. The first allowance will 
be available for directed fishing from 0001 hours Alaska local time 
(A.l.t.) January 1 through 1200 hours, A.l.t. , April 15. The second 
allowance will be available for directed fishing from 1200 hours, 
A.l.t., September 1 through 1200 hours A.l.t., November 1, of each 
fishing year. Within any fishing year, unharvested amounts of the first 
allowance will be added to the second allowance, and harvests in excess 
of the first allowance will be deducted from the second allowance.
    (B) Apportionment to vessels using nonpelagic trawl gear-- (1) 
General. NMFS, in consultation with the Council, may limit the amount of 
pollock TAC that may be taken in the directed fishery for pollock using 
nonpelagic trawl gear.
    (2) Factors to be considered. The Regional Director must consider 
the following information when limiting the amount of pollock TAC that 
is apportioned to the directed fishery for pollock using nonpelagic 
trawl gear:
    (i) The PSC limits and PSC bycatch allowances established under 
Sec. 679.21.
    (ii) The projected bycatch of prohibited species that would occur 
with and without a limit in the amount of pollock TAC that may be taken 
in the directed fishery for pollock using nonpelagic trawl gear.
    (iii) The cost of a limit in terms of amounts of pollock TAC that 
may be taken with nonpelagic trawl gear on the nonpelagic and pelagic 
trawl fisheries.
    (iv) Other factors pertaining to consistency with the goals and 
objectives of the FMP.
    (3) Notification. NMFS will publish proposed and final apportionment 
of pollock TAC to the directed fishery for pollock using nonpelagic 
trawl gear in the Federal Register with notification of proposed and 
final specifications defined in Sec. 679.20.
    (ii) GOA--(A) Apportionment by area. The TAC for pollock in the 
combined GOA Western and Central Regulatory Areas will be apportioned 
among statistical areas 610, 620, and 630 in proportion to the 
distribution of the pollock biomass as determined by the most recent 
NMFS surveys.
    (B) Seasonal allowances. Each apportionment will be divided into 
three seasonal allowances of 25 percent, 25 percent, and 50 percent of 
the apportionment, respectively, corresponding to the three fishing 
seasons defined at Sec. 679.23(d)(2).
    (1) Within any fishing year, any unharvested amount of any seasonal 
allowance will be added proportionately to all subsequent seasonal 
allowances, resulting in a sum for each allowance not to exceed 150 
percent of the initial seasonal allowance.
    (2) Within any fishing year, harvests in excess of a seasonal 
allowance will be deducted proportionately from all subsequent seasonal 
allowances.
    (6) Inshore/offshore apportionments (Applicable through December 31, 
1998)--(i) BSAI pollock. The apportionment of pollock in each BSAI 
subarea or district, and for each seasonal allowance defined in 
paragraph (a)(5)(i) of this section, will be allocated 35 percent to 
vessels catching pollock for processing by the inshore component and 65 
percent to vessels catching pollock for processing by the offshore 
component.
    (ii) GOA pollock. The apportionment of pollock in all GOA regulatory 
areas and for each seasonal allowance described in paragraph (a)(5)(ii) 
of this section will be allocated entirely to vessels catching pollock 
for processing by the inshore component after subtraction of an amount 
that is projected by the Regional Director to be caught by, or delivered 
to, the offshore component incidental to directed fishing for other 
groundfish species.
    (iii) GOA Pacific cod. The apportionment of Pacific cod in all GOA 
regulatory areas will be allocated 90 percent to vessels catching 
Pacific cod for processing by the inshore component and 10 percent to 
vessels catching Pacific cod for processing by the offshore component.
    (iv) Directed fishing allowances and prohibitions. The Regional 
Director may establish separate directed fishing allowances and 
prohibitions authorized under paragraph (d) of this section for:
    (A) BSAI pollock. Vessels catching pollock in the BSAI for 
processing by

[[Page 390]]

the inshore component and for vessels catching pollock for processing by 
the offshore component.
    (B) GOA pollock. Vessels catching pollock in the GOA for processing 
by the inshore component and for vessels catching pollock for processing 
by the offshore component.
    (C) GOA Pacific cod. Vessels catching Pacific cod in the GOA for 
processing by the inshore component and for vessels catching Pacific cod 
for processing by the offshore component.
    (v) Reallocation--(A) BSAI pollock. If, during a fishing year, the 
Regional Director determines that either the inshore or offshore 
component will not be able to process the entire amount of pollock in 
the BSAI allocated to vessels catching pollock for processing by that 
component, NMFS will publish notification in the Federal Register that 
reallocates the projected unused amount of pollock to vessels catching 
pollock for processing by the other component.
    (B) GOA pollock. If the Regional Director determines that the 
inshore component will not be able to process the entire amount of 
pollock in the GOA allocated to vessels catching pollock for processing 
by the inshore component during a fishing year, NMFS will publish 
notification in the Federal Register that reallocates the projected 
unused amount of pollock to vessels catching pollock for processing by 
the offshore component.
    (C) GOA Pacific cod. If, during a fishing year, the Regional 
Director determines that either the inshore or offshore component will 
not be able to process the entire amount of Pacific cod in the GOA 
allocated to vessels catching Pacific cod for processing by that 
component, NMFS will publish notification in the Federal Register that 
reallocates the projected unused amount of Pacific cod to vessels 
catching Pacific cod for processing by the other component.
    (7) Pacific cod TAC, BSAI (Applicable through December 31, 1996)--
(i) TAC by gear. (A) The BSAI TAC of Pacific cod, after subtraction of 
reserves, will be allocated 2 percent to vessels using jig gear, 44 
percent to vessels using hook-and-line or pot gear, and 54 percent to 
vessels using trawl gear.
    (B) The Regional Director may establish separate directed fishing 
allowances and prohibitions authorized under paragraph (d) of this 
section for vessels harvesting Pacific cod using jig gear, hook-and-line 
or pot gear, or trawl gear.
    (ii) Unused gear allocation. If, during a fishing year, the Regional 
Director determines that vessels using trawl gear or hook-and-line or 
pot gear will not be able to harvest the entire amount of Pacific cod in 
the BSAI allocated to those vessels under paragraph (a)(7)(i) of this 
section, NMFS may reallocate the projected unused amount of Pacific cod 
to vessels harvesting Pacific cod using the other gear type(s) through 
notification in the Federal Register.
    (iii) Reallocation of TAC specified for jig gear. On or about 
September 1 of each year, the Regional Director will reallocate 45 
percent of any unused amount of Pacific cod in the BSAI allocated to 
vessels using jig gear to vessels using hook-and-line or pot gear and 55 
percent of any unused amount of Pacific cod allocated to vessels using 
jig gear to vessels using trawl gear through publication in the Federal 
Register.
    (iv) Seasonal TAC apportionment--(A) Allocation periods. In the 
publications of proposed and final harvest limit specifications required 
under paragraph (c) of this section, NMFS, after consultation with the 
Council, may seasonally apportion the amount of Pacific cod TAC in the 
BSAI allocated to vessels using hook-and-line or pot gear under 
paragraph (a)(7)(i) of this section among the following three periods: 
January 1 through April 30; May 1 through August 31; and September 1 
through December 31.
    (B) Factors to be considered. NMFS will base any seasonal 
apportionment of the Pacific cod allocation to vessels using hook-and-
line or pot gear on the following information:
    (1) Seasonal distribution of Pacific cod relative to prohibited 
species distribution.
    (2) Expected variations in prohibited species bycatch rates 
experienced in the Pacific cod fisheries throughout the fishing year.

[[Page 391]]

    (3) Economic effects of any seasonal apportionment of Pacific cod on 
the hook-and-line and pot-gear fisheries.
    (8) All other groundfish TAC. The initial TAC for each target 
species and the ``other species'' category will be 85 percent of the TAC 
as provided under paragraph (b) of this section.
    (b) Reserves--(1) BSAI--(i) General. Fifteen percent of the BSAI TAC 
for each target species and the ``other species'' category, except the 
hook-and-line and pot gear allocation for sablefish, is automatically 
placed in a reserve, and the remaining 85 percent of the TAC is 
apportioned for each target species and the ``other species'' category, 
except the hook-and-line and pot gear allocation for sablefish.
    (ii) Nonspecified reserve. The reserve is not designated by species 
or species group, and any amount of the reserve may be apportioned to a 
target species, except the hook-and-line gear and pot gear allocation 
for sablefish, or the ``other species'' category, provided that such 
apportionments are consistent with paragraph (a)(3) of this section and 
do not result in overfishing of a target species or the ``other 
species'' category.
    (iii) Inshore/offshore reapportionment (Applicable through December 
31, 1998). Any amounts of the BSAI nonspecific reserve that are 
reapportioned to pollock as provided by this paragraph (b) must be 
apportioned between inshore and offshore components in the same 
proportion specified in paragraph (a)(6)(i) of this section.
    (iv) Pacific cod (Applicable through December 31, 1996). Any amounts 
of the BSAI nonspecific reserve that are apportioned to Pacific cod as 
provided by this paragraph (b) must be apportioned between vessels using 
jig, hook-and-line or pot, and trawl gear in the same proportion 
specified in paragraph (a)(7)(i) of this section, unless the Regional 
Director determines under paragraph (a)(7) (ii) or (iii) of this section 
that vessels using a certain gear type will not be able to harvest the 
additional amount of Pacific cod. In this case, the nonspecific reserve 
will be apportioned to vessels using the other gear type(s).
    (2) GOA. Initial reserves are established for pollock, Pacific cod, 
flounder, and ``other species,'' which are equal to 20 percent of the 
TACs for these species or species groups.
    (3) Apportionment of BSAI reserves--(i) Notification. (A) As soon as 
practicable after April 1, June 1, and August 1, and on such other dates 
as NMFS determines appropriate, NMFS will, by notification in the 
Federal Register, apportion all or part of the BSAI reserve in 
accordance with this paragraph (b).
    (B) No apportionment, retention, or PSC limit adjustment may take 
effect until notification has been published in the Federal Register 
with a statement of the findings upon which the apportionment, 
retention, or adjustment is based.
    (ii) Apportionment--(A) General. Except as provided in paragraph 
(b)(3)(ii)(B) of this section, NMFS will apportion the amount of BSAI 
reserve that will be harvested by U.S. vessels during the remainder of 
the year.
    (B) Exception. Part or all of the reserve may be withheld if an 
apportionment would adversely affect the conservation of groundfish 
resources or prohibited species.
    (iii) Public comment--(A) Prior comment. NMFS will provide all 
interested persons an opportunity to comment on the proposed 
apportionments, retentions, or PSC limit adjustments under this 
paragraph (b) before such apportionments, retentions, or adjustments are 
made, unless NMFS finds that there is good cause for not providing a 
prior comment opportunity, and publishes the reasons therefor in the 
notification of apportionment, retention, or adjustment.
    (B) Submittal dates. Comments provided for in this paragraph 
(b)(3)(iii) must be received by NMFS not later than 5 days before April 
1, June 1, and August 1, or other dates that may be specified.
    (C) Subsequent comment. If NMFS determines for good cause that 
notification of apportionment, retention or PSC limit adjustment must be 
issued without providing interested persons a prior opportunity for 
public comment, comments on the apportionment, retention or adjustment 
will be received for a period of 15 days after its effective date.

[[Page 392]]

    (D) Response to comments. NMFS will consider all timely comments in 
deciding whether to make a proposed apportionment, retention, or PSC 
limit adjustment or to modify an apportionment, retention, or adjustment 
that previously has been made, and shall publish responses to those 
comments in the Federal Register as soon as practicable.
    (E) Data available. The Regional Director will make available to the 
public during business hours the aggregate data upon which any 
preliminary TAC or PSC limit figure is based or the data upon which any 
apportionment or retention of surplus or reserve, or PSC limit 
adjustment was or is proposed to be based. These data will be available 
for a sufficient period to facilitate informed comment by interested 
persons.
    (c) Annual specifications--(1) Proposed specifications--
    (i) General--(A) Notification. As soon as practicable after 
consultation with the Council, NMFS will publish proposed specifications 
for the succeeding fishing year. The proposed specifications will 
reflect as accurately as possible the projected changes in U.S. 
harvesting and processing capacity and the extent to which U.S. 
harvesting and processing will occur during the coming year.
    (B) Public comment. NMFS will accept public comment on the proposed 
specifications for 30 days from the date of publication in the Federal 
Register.
    (ii) GOA. The GOA proposed specifications will specify annual TAC 
amounts for each target species and the ``other species'' category and 
apportionments thereof established under Sec. 679.20(a)(2), halibut 
prohibited species catch amounts established under Sec. 679.21, seasonal 
allowances of pollock, and inshore/offshore Pacific cod.
    (iii) BSAI. The BSAI proposed specifications will specify the annual 
TAC and initial TAC amounts for each target species and the ``other 
species'' category and apportionments thereof established under 
Sec. 679.20(a)(2), prohibited species catch allowances established under 
Sec. 679.21, seasonal allowances of pollock TAC, and reserve amounts 
established under Sec. 679.31(a) and (c) for pollock CDQ and sablefish 
CDQ.
    (2) Interim specifications. Interim harvest specifications will be 
in effect on January 1 and will remain in effect until superseded by the 
filing of the final specifications by the Office of the Federal 
Register. Interim specifications will be established as follows:
    (i) GOA. One-fourth of each proposed TAC and apportionment thereof 
(not including the reserves or the first seasonal allowance of pollock), 
one-fourth of the proposed halibut prohibited species catch amounts, and 
the proposed first seasonal allowance of pollock.
    (ii) BSAI. Except for the hook-and-line and pot gear allocation of 
sablefish, one-fourth of each proposed initial TAC and apportionment 
thereof (not including the first seasonal allowance of pollock), one-
fourth of the proposed prohibited species catch allowance established 
under Sec. 679.21, and the proposed first seasonal allowance of pollock.
    (3) Final specifications--(i) Notification. NMFS will consider 
comments on the proposed specifications received during the comment 
period and, after consultation with the Council, will publish final 
specifications in the Federal Register. The final specifications will 
supersede the interim specifications.
    (ii) GOA. The final specifications will specify the annual TAC for 
each target species and the ``other species'' category and 
apportionments thereof, halibut prohibited species catch amounts, and 
seasonal allowances of pollock.
    (iii) BSAI. The final specifications will specify the annual TAC for 
each target species and the ``other species'' category and 
apportionments thereof, prohibited species catch allowances, seasonal 
allowances of the pollock TAC, and the sablefish CDQ reserve amount 
established under Sec. 679.31(c).
    (4) Inshore/offshore allocations (Applicable through December 31, 
1998). The proposed, interim, and final specifications will specify the 
allocation of GOA Pacific cod, GOA pollock, and BSAI pollock for 
processing by the inshore and offshore components, and any seasonal 
allowances thereof, as authorized under paragraphs (a)(5) and (a)(7) of 
this section.
    (5) BSAI Pacific cod gear allocations (Applicable through December 
31, 1996).

[[Page 393]]

The proposed, interim, and final specifications will specify the 
allocation of BSAI Pacific cod among gear types as authorized under 
paragraph (a)(7) of this section.
    (d) Fishery closures--(1) Directed fishing allowance--(i) General. 
If the Regional Director determines that any allocation or apportionment 
of a target species or ``other species'' category specified under 
paragraph (c) of this section has been or will be reached, the Regional 
Director may establish a directed fishing allowance for that species or 
species group.
    (ii) Specified fishery amounts--(A) Inseason adjustments. The 
category allocations or apportionments established under paragraph (c) 
of this section may be revised by inseason adjustments for a given 
species or species group or pollock allowance, as identified by 
regulatory area, subarea, or district, and, if applicable, as further 
identified by gear type.
    (B) Incidental catch. In establishing a directed fishing allowance, 
the Regional Director shall consider the amount of the allocation or 
apportionment established under paragraph (c) of this section that will 
be taken as incidental catch in directed fishing for other species in 
the same subarea, regulatory area, or district.
    (iii) Directed fishing closure--(A) Notification. If the Regional 
Director establishes a directed fishing allowance for a fishery 
allocation or apportionment under this paragraph (d), and that allowance 
has been or will be reached before the end of the fishing season or 
year, NMFS will publish notification in the Federal Register prohibiting 
directed fishing in the specified subarea, regulatory area, or district.
    (B) Retention of bycatch species. If directed fishing for a target 
species or the ``other species'' category is prohibited, a vessel may 
not retain that bycatch species in an amount that exceeds the maximum 
retainable bycatch amount, as calculated under paragraphs (e) and (f) of 
this section, at any time during a fishing trip.
    (2) Groundfish as prohibited species closure. When the Regional 
Director determines that the TAC of any target species or the ``other 
species'' category specified under paragraph (c) of this section has 
been or will be achieved prior to the end of a year, NMFS will publish 
notification in the Federal Register requiring that target species or 
the ``other species'' be treated in the same manner as a prohibited 
species, as described under Sec. 679.21(b), for the remainder of the 
year.
    (3) Overfishing closure--(i) Notification. If, in making a 
determination under paragraph (d)(2) of this section, the Regional 
Director also determines that fishing for other target species or 
species groups in the area, district or part thereof where the 
notification applies, may lead to the overfishing of the species or 
species group for which the allocation or apportionment has been or will 
be reached, NMFS will publish notification in the Federal Register 
specifying limitations or prohibitions designed to prevent overfishing 
of that species or species group.
    (ii) Limitations and prohibitions. These limitations and 
prohibitions may prohibit directed fishing for other species or species 
groups in the area, district, or part thereof where the notification 
applies, or may limit time, area, or gear types that may be used in 
directed fishing for the other species or species groups.
    (iii) Factors to be considered. When making the determinations 
specified under paragraphs (d)(1), (d)(2), and (d)(3) of this section, 
the Regional Director may consider allowing fishing to continue or 
resume with certain gear types or in certain areas and times based on 
findings of:
    (A) The risk of biological harm to a groundfish species or species 
group for which the TAC or PSC limit is or will be reached.
    (B) The risk of socioeconomic harm to authorized users of the 
groundfish for which the TAC or PSC limit will be or has been reached.
    (C) The impact that the continued closure might have on the 
socioeconomic well-being of other domestic fisheries.
    (e) Maximum retainable bycatch amounts--(1) Proportion of basis 
species. The maximum retainable bycatch amount for a bycatch species or 
species group is calculated as a proportion of the basis species 
retained on board the vessel using the retainable percentages

[[Page 394]]

in Table 10 to this part for the GOA species categories and in Table 11 
to this part for the BSAI species categories.
    (2) Calculation. (i) To calculate the maximum retainable bycatch 
amount for a specific bycatch species, an individual retainable bycatch 
amount must be calculated with respect to each basis species that is 
retained on board that vessel.
    (ii) To obtain these individual retainable bycatch amounts, multiply 
the appropriate retainable percentage for the bycatch species/basis 
species combination, set forth in Table 10 to this part for the GOA 
species categories and Table 11 to this part for the BSAI species 
categories, by the amount of that basis species, in round-weight 
equivalents.
    (iii) The maximum retainable bycatch amount for that specific 
bycatch species is the sum of the individual retainable bycatch amounts.
    (f) Directed fishing calculations and determinations--(1) Round-
weight equivalents. Any determination concerning directed fishing, the 
amount or percentage of any species, species group, or any fish or fish 
products must be calculated in round-weight equivalents.
    (2) Retainable amounts. Arrowtooth flounder, or any groundfish 
species for which directed fishing is closed, may not be used to 
calculate retainable amounts of other groundfish species.
    (g) Allowable retention of pollock roe--(1) Percentage of pollock 
roe. (i) Pollock roe retained on board a vessel at any time during a 
fishing trip must not exceed 7 percent of the total round-weight 
equivalent of pollock, as calculated from the primary pollock product on 
board the vessel during the same fishing trip.
    (ii) Determinations of allowable retention of pollock roe will be 
based on amounts of pollock harvested, received, or processed during a 
single fishing trip.
    (iii) Pollock or pollock products from previous fishing trips that 
are retained on board a vessel may not be used to determine the 
allowable retention of pollock roe for that vessel.
    (2) Primary product. (i) For purposes of this paragraph (g), only 
one primary pollock product per fish, other than roe, may be used to 
calculate the round-weight equivalent.
    (ii) A primary pollock product that contains roe (such as headed and 
gutted pollock with roe) may not be used to calculate the round-weight 
equivalent of pollock.
    (iii) The primary pollock product must be distinguished from 
ancillary pollock products in the DCPL required under Sec. 679.5. 
Ancillary products are those such as meal, heads, internal organs, 
pectoral girdles, or any other product that may be made from the same 
fish as the primary product.
    (3) Pollock product recovery rates (PRRs). Only the following 
product types and standard PRRs may be used to calculate round-weight 
equivalents for pollock for purposes of this paragraph (g):

------------------------------------------------------------------------
                                                               Standard 
                                                               product  
       Product code               Product description          recovery 
                                                                 rate   
------------------------------------------------------------------------
07.......................  Headed and gutted, western cut..         0.65
08.......................  Headed and gutted, eastern cut..         0.56
10.......................  Headed and gutted, without tail.         0.50
20.......................  Fillets with skin & ribs........         0.35
21.......................  Fillets with skin on, no ribs...         0.30
22.......................  Fillets with ribs, no skin......         0.30
23.......................  Fillets, skinless, boneless.....         0.21
24.......................  Deep skin fillets...............         0.16
30.......................  Surimi..........................         0.16
31.......................  Mince...........................         0.22
32.......................  Meal............................         0.17
------------------------------------------------------------------------

    (4) Calculation of retainable pollock roe--(i) Round-weight 
equivalent. (A) To calculate the amount of pollock roe that can be 
retained on board during a fishing trip, first calculate the round-
weight equivalent by dividing the total amount of primary product on 
board by the appropriate PRR.

[[Page 395]]

    (B) To determine the maximum mount of pollock roe that can be 
retained on board a vessel during the same fishing trip, multiply the 
round-weight equivalent by 0.07.
    (C) Pollock roe retained on board from previous fishing trips will 
not be counted.
    (ii) Two or more products from different fish. (A) If two or more 
products, other than roe, are made from different fish, round-weight 
equivalents are calculated separately for each product.
    (B) To determine the maximum amount of pollock roe that can be 
retained on board a vessel during a fishing trip, add the round-weight 
equivalents together; then, multiply the sum by 0.07.
    (iii) Two or more products from same fish. If two or more products, 
other than roe, are made from the same fish, the maximum amount of 
pollock roe that can be retained during a fishing trip is determined 
from the primary product.
    (5) Primary pollock product--(i) Process prior to transfer. Any 
primary pollock product used to calculate retainable amounts of pollock 
roe must be frozen, canned, or reduced to meal by the vessel retaining 
the pollock roe prior to any transfer of the product to another vessel.
    (ii) No discard of processed product. Any pollock product that has 
been frozen, canned, or reduced to meal may not be discarded at sea.
    (h) Standard product types and standard PRRs--(1) Calculating round-
weight equivalents from standard PRRs. Round-weight equivalents for 
groundfish products are calculated using the product codes and standard 
PRRs specified in Table 3 of this part.
    (2) Adjustments. The Regional Director may adjust standard PRRs and 
product types specified in Table 3 of this part if he or she determines 
that existing standard PRRs are inaccurate or if new product types are 
developed.
    (i) Adjustments to any standard PRR listed in Table 3 of this part 
that are within and including 15 percent of that standard PRR may be 
made without providing notification and opportunity for prior public 
comment.
    (ii) Adjustments of any standard PRR during a calendar year, when 
aggregated with all other adjustments made during that year, will not 
exceed 15 percent of the standard PRR listed in Table 3 of this part at 
the beginning of that calendar year.
    (iii) No new product type will be announced until NMFS publishes the 
proposed adjustment and/or new product type in the Federal Register and 
provides the public with at least 30 days opportunity for public 
comment.
    (iv) Any adjustment of a PRR that acts to further restrict the 
fishery will not be effective until 30 days after the date of 
publication in the Federal Register.
    (v) If NMFS makes any adjustment or announcement without providing a 
prior notification and opportunity for prior public comment, the 
Regional Director will receive public comments on the adjustment or 
announcement for a period of 15 days from the date of publication in the 
Federal Register.

[61 FR 31230, June 19, 1996, as amended at 61 FR 39602, July 30, 1996]



Sec. 679.21  Prohibited species bycatch management.

    (a) Applicability. (1) This section applies to all vessels required 
to have a Federal fisheries permit under Sec. 679.4.
    (2) Except as otherwise provided, this section also applies to all 
motherships and shoreside processors that receive groundfish from 
vessels required to have a Federal fisheries permit under Sec. 679.4.
    (b) General-- (1) Definition. Prohibited species, for the purpose of 
this part, means any of the species of Pacific salmon (Oncorhynchus 
spp.), steelhead trout (Oncorhynchus mykiss), halibut, Pacific herring 
(Clupea harengus pallasi), king crab, and Tanner crab caught by a vessel 
regulated under this part while fishing for groundfish in the BSAI or 
GOA, unless retention is authorized by other applicable laws, including 
the annual management measures published in the Federal Register 
pursuant to Sec. 300.62 of this title.
    (2) Prohibited species catch restrictions. The operator of each 
vessel engaged in directed fishing for groundfish in the GOA or BSAI 
must:
    (i) Minimize its catch of prohibited species.

[[Page 396]]

    (ii) Sort its catch as soon as possible after retrieval of the gear 
and, except as provided under paragraph (c) of this section or 
Sec. 679.26, must return all prohibited species or parts thereof to the 
sea immediately, with a minimum of injury, regardless of its condition, 
after allowing for sampling by an observer if an observer is aboard.
    (3) Rebuttable presumption. Except as provided under paragraph (c) 
of this section, it will be a rebuttable presumption that any prohibited 
species retained on board a fishing vessel regulated under this part was 
caught and retained in violation of this section.
    (4) Prohibited species taken seaward of the EEZ off Alaska. No 
vessel fishing for groundfish in the GOA or BSAI may have on board any 
species listed in this paragraph (b) that was taken in waters seaward of 
these management areas, regardless of whether retention of such species 
was authorized by other applicable laws.
    (c) Salmon taken in BSAI trawl fishery-- (1) Salmon discard. Except 
as provided in paragraph (c)(3) of this section, the operator of a 
vessel and the manager of a shoreside processor must not discard any 
salmon or transfer or process any salmon under the SDP at Sec. 679.26, 
if the salmon were taken incidental to a directed fishery for BSAI 
groundfish by vessels using trawl gear until the number of salmon has 
been determined by a NMFS-certified observer and the collection of any 
scientific data or biological samples from the salmon has been 
completed.
    (2) Salmon retention and storage. (i) Operators of vessels carrying 
observers aboard and whose fishing operations allow for sorting of BSAI 
groundfish catch for salmon must retain all salmon bycatch from each 
haul in a separate bin or other location that allows an observer free 
and unobstructed physical access to the salmon to count each fish and 
collect any scientific data or biological samples. Salmon from different 
hauls must be retained separately in a manner that identifies the haul 
from which the salmon were taken.
    (ii) Operators of vessels not carrying observers aboard or whose 
fishing operations do not allow for sorting of BSAI groundfish catch for 
salmon must ice, freeze, or store in a refrigerated saltwater tank all 
salmon taken as bycatch in trawl operations for delivery to the 
processor receiving the vessel's BSAI groundfish catch.
    (iii) Processors receiving BSAI groundfish harvested in a directed 
fishery for groundfish using trawl gear must retain all salmon delivered 
by each trawl vessel during a weekly reporting period in separate bins 
marked with the vessel's name and ADF&G fish ticket number(s) for each 
delivery until a NMFS-certified observer has counted each salmon and 
collected any scientific data or biological samples from the salmon 
delivered to the processor by that vessel. Processors without an 
observer present must store whole salmon in an iced or frozen state 
until an observer is available to count each fish. Salmon must be stored 
at a location that allows an observer free and unobstructed physical 
access to each salmon.
    (3) Exemption. Motherships and shoreside processors that are exempt 
from obtaining observer coverage during a month under Sec. 679.52 are 
exempt from mandatory retention of salmon.
    (4) Assignment of crew to assist observer. Operators of vessels and 
managers of shoreside processors that are required to retain salmon 
under paragraph (c)(1) of this section must designate and identify to 
the NMFS-certified observer aboard the vessel or at the shoreside 
processor a crew person or employee to be responsible for sorting, 
retention, and storage of salmon. Upon request of the NMFS-certified 
observer, the designated crew person or employee also is responsible for 
counting salmon and taking biological samples from retained salmon under 
the direction of the observer.
    (5) Release of salmon. Salmon must be returned to Federal waters as 
soon as is practicable, with a minimum of injury, regardless of 
condition, following notification by a NMFS-certified observer that the 
number of salmon has been determined and the collection of any 
scientific data or biological samples has been completed.
    (d) GOA halibut PSC limits. This section is applicable for vessels 
engaged in directed fishing for groundfish in the GOA.

[[Page 397]]

    (1) Notification--(i) Proposed and final limits and apportionments. 
NMFS will publish annually in the Federal Register proposed and final 
halibut PSC limits and apportionments thereof in the notification 
required under Sec. 679.20.
    (ii) Modification of limits. NMFS, by notification in the Federal 
Register, may change the halibut PSC limits during the year for which 
they were specified, based on new information of the types set forth in 
this paragraph (d)(1).
    (2) Public comment. NMFS will accept public comment on the proposed 
halibut PSC limits, and apportionments thereof, for a period of 30 days 
from the date of publication in the Federal Register. NMFS will consider 
comments received on proposed halibut limits and, after consultation 
with the Council, will publish notification in the Federal Register 
specifying the final halibut PSC limits and apportionments thereof.
    (3) Trawl gear proposed halibut limit--(i) Notification. After 
consultation with the Council, NMFS will publish notification in the 
Federal Register specifying the proposed halibut PSC limit for vessels 
using trawl gear.
    (ii) Bycatch allowance. The halibut PSC limit specified for vessels 
using trawl gear may be further apportioned as bycatch allowances to the 
fishery categories listed in paragraph (d)(3)(iii) of this section, 
based on each category's proportional share of the anticipated halibut 
bycatch mortality during a fishing year and the need to optimize the 
amount of total groundfish harvest under the halibut PSC limit. The sum 
of all bycatch allowances will equal the halibut PSC limit established 
under this paragraph (d).
    (iii) Trawl fishery categories. For purposes of apportioning the 
trawl halibut PSC limit among fisheries, the following fishery 
categories are specified and defined in terms of round-weight 
equivalents of those GOA groundfish species for which a TAC has been 
specified under Sec. 679.20:
    (A) Shallow-water species fishery. Fishing with trawl gear during 
any weekly reporting period that results in a retained aggregate catch 
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka 
mackerel, and ``other species'' that is greater than the retained 
aggregate amount of other GOA groundfish species or species group.
    (B) Deep-water species fishery. Fishing with trawl gear during any 
weekly reporting period that results in a retained catch of groundfish 
and is not a shallow-water species fishery as defined under paragraph 
(d)(3)(iii)(A) of this section.
    (4) Hook-and-line and pot gear fisheries--(i) Notification. After 
consultation with the Council, NMFS will publish notification in the 
Federal Register specifying the proposed and final halibut PSC limits 
for vessels using hook-and-line gear. The notification also may specify 
a halibut PSC limit for the pot gear fisheries.
    (ii) Halibut bycatch allowance. The halibut PSC limit specified for 
vessels using hook-and-line gear may be further apportioned, as bycatch 
allowances, to the fishery categories listed in paragraph (d)(4)(iii) of 
this section, based on each category's proportional share of the 
anticipated halibut bycatch mortality during a fishing year and the need 
to optimize the amount of total groundfish harvest under the halibut PSC 
limit. The sum of all bycatch allowances will equal the halibut PSC 
limit established under this paragraph (d).
    (iii) Hook-and-line fishery categories. For purposes of apportioning 
the hook-and-line halibut PSC limit among fisheries, the following 
fishery categories are specified and defined in terms of round-weight 
equivalents of those GOA groundfish species for which a TAC has been 
specified under Sec. 679.20.
    (A) Demersal shelf rockfish in the Southeast Outside District. 
Fishing with hook-and-line gear in the Southeast Outside District of the 
GOA Eastern Regulatory Area (SEEO) during any weekly reporting period 
that results in a retained catch of demersal shelf rockfish that is 
greater than the retained amount of any other fishery category defined 
under this paragraph (d)(4)(iii).
    (B) Sablefish fishery. Fishing with hook-and-line gear during any 
weekly reporting period that results in a retained catch of sablefish 
that is greater than the retained amount of any other

[[Page 398]]

fishery category defined under this paragraph (d)(4)(iii).
    (C) Other hook-and-line fishery. Fishing with hook-and-line gear 
during any weekly reporting period that results in a retained catch of 
groundfish and is not a demersal shelf rockfish fishery or a sablefish 
fishery defined under paragraphs (d)(4)(iii)(A) and (B) of this section.
    (5) Seasonal apportionments--(i) General. NMFS, after consultation 
with the Council, may apportion each halibut PSC limit or bycatch 
allowance specified under this paragraph (d) on a seasonal basis.
    (ii) Factors to be considered. NMFS will base any seasonal 
apportionment of a halibut PSC limit or bycatch allowance on the 
following types of information:
    (A) Seasonal distribution of halibut.
    (B) Seasonal distribution of target groundfish species relative to 
halibut distribution.
    (C) Expected halibut bycatch needs, on a seasonal basis, relative to 
changes in halibut biomass and expected catches of target groundfish 
species.
     (D) Expected variations in bycatch rates throughout the fishing 
year.
     (E) Expected changes in directed groundfish fishing seasons.
     (F) Expected start of fishing effort.
     (G) Economic effects of establishing seasonal halibut allocations 
on segments of the target groundfish industry.
     (iii) Unused seasonal apportionments. Unused seasonal 
apportionments of halibut PSC limits specified for trawl, hook-and-line, 
or pot gear will be added to the respective seasonal apportionment for 
the next season during a current fishing year.
     (iv) Seasonal apportionment exceeded. If a seasonal apportionment 
of a halibut PSC limit specified for trawl, hook-and-line, or pot gear 
is exceeded, the amount by which the seasonal apportionment is exceeded 
will be deducted from the respective apportionment for the next season 
during a current fishing year.
     (6) Apportionment among regulatory areas and districts. Each 
halibut PSC limit specified under this paragraph (d) also may be 
apportioned among the GOA regulatory areas and districts.
     (7) Halibut PSC closures--(i) Trawl gear fisheries. If, during the 
fishing year, the Regional Director determines that U.S. fishing vessels 
participating in either of the trawl fishery categories listed in 
paragraph (d)(3)(iii) (A) or (B) of this section will catch the halibut 
bycatch allowance, or apportionments thereof, specified for that fishery 
category under paragraph (d)(1) of this section, NMFS will publish 
notification in the Federal Register closing the entire GOA or the 
applicable regulatory area or district to directed fishing with trawl 
gear for each species and/or species group that comprises that fishing 
category; provided, however, that when the halibut bycatch allowance, or 
seasonal apportionment thereof, specified for the shallow-water species 
fishery is reached, fishing for pollock by vessels using pelagic trawl 
gear may continue, consistent with other provisions of this part.
     (ii) Hook-and-line fisheries. If, during the fishing year, the 
Regional Director determines that U.S. fishing vessels participating in 
any of the three hook-and-line gear fishery categories listed under 
paragraph (d)(4)(iii) of this section will catch the halibut bycatch 
allowance, or apportionments thereof, specified for that fishery 
category under paragraph (d)(1) of this section, NMFS will publish 
notification in the Federal Register closing the entire GOA or the 
applicable regulatory area or district to directed fishing with hook-
and-line gear for each species and/or species group that comprises that 
fishing category.
     (iii) Pot gear fisheries. If, during the fishing year, the Regional 
Director determines that the catch of halibut by operators of vessels 
using pot gear to participate in a directed fishery for groundfish will 
reach the halibut PSC limit, or seasonal apportionment thereof, NMFS 
will publish notification in the Federal Register prohibiting directed 
fishing for groundfish by vessels using pot gear for the remainder of 
the season to which the halibut PSC limit or seasonal apportionment 
applies.
     (iv) Nonpelagic trawl gear fisheries--(A) Continued fishing under 
specified conditions. When the vessels to which a halibut PSC limit 
applies have caught an amount of halibut equal to that

[[Page 399]]

PSC, the Regional Director may, by notification in the Federal Register, 
allow some or all of those vessels to continue to fish for groundfish 
using nonpelagic trawl gear under specified conditions, subject to the 
other provisions of this part.
     (B) Factors to be considered. In authorizing and conditioning such 
continued fishing with bottom-trawl gear, the Regional Director will 
take into account the following considerations, and issue relevant 
findings:
     (1) The risk of biological harm to halibut stocks and of socio-
economic harm to authorized halibut users posed by continued bottom 
trawling by these vessels.
     (2) The extent to which these vessels have avoided incidental 
halibut catches up to that point in the year.
     (3) The confidence of the Regional Director in the accuracy of the 
estimates of incidental halibut catches by these vessels up to that 
point in the year.
     (4) Whether observer coverage of these vessels is sufficient to 
assure adherence to the prescribed conditions and to alert the Regional 
Director to increases in their incidental halibut catches.
     (5) The enforcement record of owners and operators of these 
vessels, and the confidence of the Regional Director that adherence to 
the prescribed conditions can be assured in light of available 
enforcement resources.
     (e) BSAI PSC limits--(1) Trawl gear--(i) Red king crab. The PSC 
limit of red king crab caught while conducting any trawl fishery for 
groundfish in Zone 1 during any fishing year is 200,000 red king crabs.
     (ii) Tanner crab (C. bairdi), Zone 1. The PSC limit of C. bairdi 
Tanner crabs caught while conducting any trawl fishery for groundfish in 
Zone 1 during any fishing year is 1 million animals.
     (iii) Tanner crab (C. bairdi), Zone 2. The PSC limit of C. bairdi 
Tanner crabs caught while conducting any trawl fishery for groundfish in 
Zone 2 during any fishing year is 3 million animals.
     (iv) Halibut. The PSC limit of halibut caught while conducting any 
trawl fishery for groundfish in the BSAI during any fishing year is an 
amount of halibut equivalent to 3,775 mt of halibut mortality.
     (v) Pacific herring. The PSC limit of Pacific herring caught while 
conducting any domestic trawl fishery for groundfish in the BSAI is 1 
percent of the annual eastern Bering Sea herring biomass. The PSC limit 
will be apportioned into annual herring PSC allowances, by target 
fishery, and will be published along with the annual herring PSC limit 
in the Federal Register with the proposed and final groundfish 
specifications defined in Sec. 679.20.
     (vi) Chinook salmon. The PSC limit of chinook salmon caught while 
conducting any trawl fishery for groundfish in the BSAI between January 
1 and April 15 is 48,000 fish.
     (vii) Non-chinook salmon. The PSC limit of non-chinook salmon 
caught by vessels using trawl gear during August 15 through October 14 
in the CVOA is 42,000 fish.
     (2) Nontrawl gear, halibut. The PSC limit of halibut caught while 
conducting any nontrawl fishery for groundfish in the BSAI during any 
fishing year is an amount of halibut equivalent to 900 mt of halibut 
mortality.
     (3) PSC apportionment to trawl fisheries--(i) General. NMFS, after 
consultation with the Council, will apportion each PSC limit set forth 
in paragraphs (e)(1)(i) through (vii) of this section into bycatch 
allowances for fishery categories defined in paragraph (e)(3)(iv) of 
this section, based on each category's proportional share of the 
anticipated incidental catch during a fishing year of prohibited species 
for which a PSC limit is specified and the need to optimize the amount 
of total groundfish harvested under established PSC limits. The sum of 
all bycatch allowances of any prohibited species will equal its PSC 
limit.
     (ii) Red king crab, C. bairdi Tanner crab, and halibut--(A) 
General. For vessels engaged in directed fishing for groundfish in the 
GOA or BSAI, the PSC limits for red king crab, C. bairdi Tanner crab, 
and halibut will be apportioned to the trawl fishery categories defined 
in paragraphs (e)(3)(iv) (B) through (F) of this section.
    (B) Incidental catch in midwater pollock fishery. Any amount of red 
king crab, C. bairdi Tanner crab, or halibut that is incidentally taken 
in the

[[Page 400]]

midwater pollock fishery as defined in paragraph (e)(3)(iv)(A) of this 
section will be counted against the bycatch allowances specified for the 
pollock/Atka mackerel/``other species'' category defined in paragraph 
(e)(3)(iv)(F) of this section.
    (iii) Pacific herring. The PSC limit for Pacific herring will be 
apportioned to the BSAI trawl fishery categories defined in paragraphs 
(e)(3)(iv) (A) through (F) of this section.
    (iv) Trawl fishery categories. For purposes of apportioning trawl 
PSC limits among fisheries, the following fishery categories are 
specified and defined in terms of round-weight equivalents of those 
groundfish species or species groups for which a TAC has been specified 
under Sec. 679.20.
    (A) Midwater pollock fishery. Fishing with trawl gear during any 
weekly reporting period that results in a catch of pollock that is 95 
percent or more of the total amount of groundfish caught during the 
week.
    (B) Flatfish fishery. Fishing with trawl gear during any weekly 
reporting period that results in a retained aggregate amount of rock 
sole, ``other flatfish,'' and yellowfin sole that is greater than the 
retained amount of any other fishery category defined under this 
paragraph (e)(3)(iv).
    (1) Yellowfin sole fishery. Fishing with trawl gear during any 
weekly reporting period that is defined as a flatfish fishery under this 
paragraph (e)(3)(iv)(B) and results in a retained amount of yellowfin 
sole that is 70 percent or more of the retained aggregate amount of rock 
sole, ``other flatfish,'' and yellowfin sole.
    (2) Rock sole/flathead sole/``other flatfish'' fishery. Fishing with 
trawl gear during any weekly reporting period that is defined as a 
flatfish fishery under this paragraph (e)(3)(iv)(B) and is not a 
yellowfin sole fishery as defined under paragraph (e)(3)(iv)(B)(1) of 
this section.
    (C) Greenland turbot/arrowtooth flounder/sablefish fishery. Fishing 
with trawl gear during any weekly reporting period that results in a 
retained aggregate amount of Greenland turbot, arrowtooth flounder, and 
sablefish that is greater than the retained amount of any other fishery 
category defined under this paragraph (e)(3)(iv).
    (D) Rockfish fishery. Fishing with trawl gear during any weekly 
reporting period that results in a retained aggregate amount of rockfish 
species of the genera Sebastes and Sebastolobus that is greater than the 
retained amount of any other fishery category defined under this 
paragraph (e)(3)(iv).
    (E) Pacific cod fishery. Fishing with trawl gear during any weekly 
reporting period that results in a retained aggregate amount of Pacific 
cod that is greater than the retained amount of any other groundfish 
fishery category defined under this paragraph (e)(3)(iv).
    (F) Pollock/Atka mackerel/``other species.'' Fishing with trawl gear 
during any weekly reporting period that results in a retained aggregate 
amount of pollock other than pollock harvested in the midwater pollock 
fishery defined under paragraph (e)(3)(iv)(A) of this section, Atka 
mackerel, and ``other species'' that is greater than the retained amount 
of any other fishery category defined under this paragraph (e)(3)(iv).
    (4) Halibut apportionment to nontrawl fishery categories--(i) 
General. NMFS, after consultation with the Council, may apportion the 
halibut PSC limit for nontrawl gear set forth under paragraph (e)(2) of 
this section into bycatch allowances for nontrawl fishery categories 
defined under paragraph (e)(4)(ii) of this section, based on each 
category's proportional share of the anticipated bycatch mortality of 
halibut during a fishing year and the need to optimize the amount of 
total groundfish harvested under the nontrawl halibut PSC limit. The sum 
of all halibut bycatch allowances will equal the halibut PSC limit 
established in paragraph (e)(2) of this section.
    (ii) Nontrawl fishery categories. For purposes of apportioning the 
nontrawl halibut PSC limit among fisheries, the following fishery 
categories are specified and defined in terms of round-weight 
equivalents of those BSAI groundfish species for which a TAC has been 
specified under Sec. 679.20.
    (A) Pacific cod hook-and-line fishery. Fishing with hook-and-line 
gear during any weekly reporting period that results in a retained catch 
of Pacific cod

[[Page 401]]

that is greater than the retained amount of any other groundfish 
species.
    (B) Sablefish hook-and-line fishery. Fishing with hook-and-line gear 
during any weekly reporting period that results in a retained catch of 
sablefish that is greater than the retained amount of any other 
groundfish species.
    (C) Groundfish jig gear fishery. Fishing with jig gear during any 
weekly reporting period that results in a retained catch of groundfish.
    (D) Groundfish pot gear fishery. Fishing with pot gear under 
restrictions set forth in Sec. 679.24(b) during any weekly reporting 
period that results in a retained catch of groundfish.
    (E) Other nontrawl fisheries. Fishing for groundfish with nontrawl 
gear during any weekly reporting period that results in a retained catch 
of groundfish and does not qualify as a Pacific cod hook-and-line 
fishery, a sablefish hook-and-line fishery, a jig gear fishery, or a 
groundfish pot gear fishery as defined under paragraph (e)(4)(ii) of 
this section.
    (5) Seasonal apportionments of bycatch allowances--(i) General. 
NMFS, after consultation with the Council, may apportion fishery bycatch 
allowances on a seasonal basis.
    (ii) Factors to be considered. NMFS will base any seasonal 
apportionment of a bycatch allowance on the following types of 
information:
    (A) Seasonal distribution of prohibited species;
    (B) Seasonal distribution of target groundfish species relative to 
prohibited species distribution;
    (C) Expected prohibited species bycatch needs on a seasonal basis 
relevant to change in prohibited species biomass and expected catches of 
target groundfish species;
    (D) Expected variations in bycatch rates throughout the fishing 
year;
    (E) Expected changes in directed groundfish fishing seasons;
    (F) Expected start of fishing effort; or
    (G) Economic effects of establishing seasonal prohibited species 
apportionments on segments of the target groundfish industry.
    (iii) Seasonal trawl fishery bycatch allowances--(A) Unused seasonal 
apportionments. Unused seasonal apportionments of trawl fishery bycatch 
allowances made under this paragraph (e)(5) will be added to its 
respective fishery bycatch allowance for the next season during a 
current fishing year.
    (B) Seasonal apportionment exceeded. If a seasonal apportionment of 
a trawl fishery bycatch allowance made under paragraph (d)(5) of this 
section is exceeded, the amount by which the seasonal apportionment is 
exceeded will be deducted from its respective apportionment for the next 
season during a current fishing year.
    (iv) Seasonal nontrawl fishery bycatch allowances--(A) Unused 
seasonal apportionments. Any unused portion of a seasonal nontrawl 
fishery bycatch allowance made under this paragraph (e)(5) will be 
reapportioned to the fishery's remaining seasonal bycatch allowances 
during a current fishing year in a manner determined by NMFS, after 
consultation with the Council, based on the types of information listed 
under paragraph (e)(5)(ii) of this section.
    (B) Seasonal apportionment exceeded. If a seasonal apportionment of 
a nontrawl fishery bycatch allowance made under this paragraph (e)(5) is 
exceeded, the amount by which the seasonal apportionment is exceeded 
will be deducted from the fishery's remaining seasonal bycatch 
allowances during a current fishing year in a manner determined by NMFS, 
after consultation with the Council, based on the types of information 
listed under paragraph (e)(5)(ii) of this section.
    (6) Notification--(i) General. NMFS will publish annually in the 
Federal Register the proposed and final bycatch allowances, seasonal 
apportionments thereof, and the manner in which seasonal apportionments 
of nontrawl fishery bycatch allowances will be managed, as required 
under this paragraph (e).
    (ii) Public comment. Public comment will be accepted by NMFS on the 
proposed bycatch allowances, seasonal apportionments thereof, and the 
manner in which seasonal apportionments of nontrawl fishery bycatch 
allowances will be managed, for a period of 30 days

[[Page 402]]

from the date of publication in the Federal Register.
    (7) Trawl PSC closures--(i) Exception. When a bycatch allowance, or 
seasonal apportionment thereof, specified for the pollock/Atka mackerel/
''other species'' fishery category is reached, only directed fishing for 
pollock is closed to trawl vessels using nonpelagic trawl gear.
    (ii) Red king crab or C. bairdi Tanner crab, Zone 1, closure. Except 
as provided in paragraph (e)(7)(i) of this section, if, during the 
fishing year, the Regional Director determines that U.S. fishing vessels 
participating in any of the fishery categories listed in paragraphs 
(e)(3)(iv)(B) through (F) of this section will catch the Zone 1 bycatch 
allowance, or seasonal apportionment thereof, of red king crab or C. 
bairdi Tanner crab specified for that fishery category under paragraph 
(e)(3) of this section, NMFS will publish in the Federal Register the 
closure of Zone 1 to directed fishing for each species and/or species 
group in that fishery category for the remainder of the year or for the 
remainder of the season.
    (iii) Red king crab or C. bairdi Tanner crab, Zone 2, closure. 
Except as provided in paragraph (e)(7)(i) of this section, if, during 
the fishing year, the Regional Director determines that U.S. fishing 
vessels participating in any of the fishery categories listed in 
paragraphs (e)(3)(iv)(B) through (F) of this section will catch the Zone 
2 bycatch allowance, or seasonal apportionment thereof, of red king crab 
or C. bairdi Tanner crab specified for that fishery category under 
paragraph (e)(3) of this section, NMFS will publish in the Federal 
Register the closure of Zone 2 to directed fishing for each species and/
or species group in that fishery category for the remainder of the year 
or for the remainder of the season.
    (iv) Halibut closure. Except as provided in paragraph (e)(7)(i) of 
this section, if, during the fishing year, the Regional Director 
determines that U.S. fishing vessels participating in any of the trawl 
fishery categories listed in paragraphs (e)(3)(iv)(B) through (F) of 
this section in the BSAI will catch the halibut bycatch allowance, or 
seasonal apportionment thereof, specified for that fishery category 
under paragraph (e)(3) of this section, NMFS will publish in the Federal 
Register the closure of the entire BSAI to directed fishing for each 
species and/or species group in that fishery category for the remainder 
of the year or for the remainder of the season.
    (v) Pacific herring--(A) Closure. Except as provided in paragraph 
(e)(7)(v)(B) of this section, if, during the fishing year, the Regional 
Director determines that U.S. fishing vessels participating in any of 
the fishery categories listed in paragraphs (e)(3)(iv)(A) through (F) of 
this section in the BSAI will catch the herring bycatch allowance, or 
seasonal apportionment thereof, specified for that fishery category 
under paragraph (e)(3) of this section, NMFS will publish in the Federal 
Register the closure of the Herring Savings Area as defined in Figure 4 
of this part to directed fishing for each species and/or species group 
in that fishery category.
    (B) Exceptions--(1) Midwater pollock. When the midwater pollock 
fishery category reaches its specified bycatch allowance, or seasonal 
apportionment thereof, the Herring Savings Areas are closed to directed 
fishing for pollock with trawl gear.
    (2) Pollock/Atka mackerel/ ``other species''. When the pollock/Atka 
mackerel/''other species'' fishery category reaches its specified 
bycatch allowance, or seasonal apportionment thereof, the Herring 
Savings Areas are closed to directed fishing for pollock by trawl 
vessels using nonpelagic trawl gear.
    (vi) Chum salmon--(A) Trawling prohibitions. (1) Trawling is 
prohibited from August 1 through August 31 in the Chum Salmon Savings 
Area.
    (2) If the Regional Director determines that 42,000 non-chinook 
salmon have been caught by vessels using trawl gear during August 15 
through October 14 in the CVOA defined under Sec. 679.22(a)(5), NMFS 
will prohibit fishing with trawl gear for the remainder of the period 
September 1 through October 14 in the Chum Salmon Savings Area as 
defined in paragraph (e)(7)(vi)(B) of this section.
    (B) Chum Salmon Savings Area of the CVOA. The Chum Salmon Savings 
Area

[[Page 403]]

is an area defined by straight lines connecting the following 
coordinates in the order listed:

56 deg.00' N. lat., 167 deg.00' W. long.
56 deg.00' N. lat., 165 deg.00' W. long.
55 deg.30' N. lat., 165 deg.00' W. long.
55 deg.30' N. lat., 164 deg.00' W. long.
55 deg.00' N. lat., 164 deg.00' W. long.
55 deg.00' N. lat., 167 deg.00' W. long.
56 deg.00' N. lat., 167 deg.00' W. long.

    (vii) Chinook salmon--(A) Closure. When the Regional Director 
determines that 48,000 chinook salmon have been caught by vessels using 
trawl gear in the BSAI during the time period from January 1 through 
April 15, NMFS will prohibit fishing with trawl gear for the remainder 
of that period within the Chinook Salmon Savings Area defined in 
paragraph (e)(7)(vii)(B) of this section.
    (B) Chinook Salmon Savings Area. The Chinook Salmon Savings Area is 
defined in the following three areas of the BSAI:
    (1) The area defined by straight lines connecting the following 
coordinates in the order listed:

56 deg.30' N. lat., 171 deg.00' W. long.
56 deg.30' N. lat., 169 deg.00' W. long.
56 deg.00' N. lat., 169 deg.00' W. long.
56 deg.00' N. lat., 171 deg.00' W. long.
56 deg.30' N. lat., 171 deg.00' W. long.

    (2) The area defined by straight lines connecting the following 
coordinates in the order listed:

54 deg.00' N. lat., 171 deg.00' W. long.
54 deg.00' N. lat., 170 deg.00' W. long.
53 deg.00' N. lat., 170 deg.00' W. long.
53 deg.00' N. lat., 171 deg.00' W. long.
54 deg.00' N. lat., 171 deg.00' W. long.

    (3) The area defined by straight lines connecting the following 
coordinates in the order listed:

56 deg.00' N. lat., 165 deg.00' W. long.
56 deg.00' N. lat., 164 deg.00' W. long.
55 deg.00' N. lat., 164 deg.00' W. long.
55 deg.00' N. lat., 165 deg.00' W. long.
54 deg.30' N. lat., 165 deg.00' W. long.
54 deg.30' N. lat., 167 deg.00' W. long.
55 deg.00' N. lat., 167 deg.00' W. long.
55 deg.00' N. lat., 166 deg.00' W. long.
55 deg.30' N. lat., 166 deg.00' W. long.
55 deg.30' N. lat., 165 deg.00' W. long.
56 deg.00' N. lat., 165 deg.00' W. long.

    (8) Nontrawl halibut closures. If, during the fishing year, the 
Regional Director determines that U.S. fishing vessels participating in 
any of the nontrawl fishery categories listed under paragraph (e)(4) of 
this section will catch the halibut bycatch allowance, or seasonal 
apportionment thereof, specified for that fishery category under 
paragraph (e)(4)(ii) of this section, NMFS will publish in the Federal 
Register the closure of the entire BSAI to directed fishing with the 
relevant gear type for each species and/or species group in that fishery 
category.
    (f) Program to reduce prohibited species bycatch rates--(1) 
Requirements--(i) General. A vessel's bycatch rate, as calculated at the 
end of a fishing month under paragraph (f)(8)(ii) of this section, while 
participating in the fisheries identified in paragraph (f)(2) of this 
section, shall not exceed bycatch rate standards referenced in paragraph 
(f)(3) of this section.
    (ii) Applicability. A vessel is subject to this paragraph (f) if the 
groundfish catch of the vessel is observed on board the vessel, or on 
board a mothership that receives unsorted codends from the vessel, at 
any time during a weekly reporting period, and the vessel is assigned to 
one of the fisheries defined under paragraph (f)(2) of this section.
    (2) Assigned fisheries. During any weekly reporting period, a 
vessel's observed catch composition of groundfish species for which a 
TAC has been specified in the GOA or BSAI will determine the fishery to 
which the vessel is assigned, as follows:
    (i) GOA midwater pollock fishery means fishing with trawl gear in 
the GOA that results in an observed catch of groundfish from the GOA 
during any weekly reporting period that is composed of 95 percent or 
more of pollock when the directed fishery for pollock by vessels using 
trawl gear other than pelagic trawl gear is closed.
    (ii) GOA other trawl fishery means fishing with trawl gear in the 
GOA that results in an observed catch of groundfish from the GOA during 
any weekly reporting period that does not qualify as a midwater pollock 
fishery under paragraph (f)(2)(i) of this section.
    (iii) BSAI midwater pollock fishery means fishing with trawl gear in 
the BSAI that results in an observed catch of groundfish from the BSAI 
during any weekly reporting period that is

[[Page 404]]

composed of 95 percent or more of pollock when the directed fishery for 
pollock by vessels using trawl gear other than pelagic trawl gear is 
closed.
    (iv) BSAI yellowfin sole fishery means fishing with trawl gear in 
the BSAI that results in a retained aggregate amount of rock sole, 
``other flatfish,'' and yellowfin sole caught in the BSAI during any 
weekly reporting period that is greater than the retained amount of any 
other fishery under this paragraph (f)(2) and results in a retained 
amount of BSAI yellowfin sole that is 70 percent or more of the retained 
aggregate amount of BSAI rock sole, ``other flatfish,'' and yellowfin 
sole.
    (v) BSAI bottom pollock fishery means fishing with trawl gear in the 
BSAI that results in a retained amount of pollock caught in the BSAI 
during any weekly reporting period other than pollock harvested in the 
midwater pollock fishery in the BSAI defined in paragraph (f)(2)(iii) of 
this section, that is greater than the retained amount of any other 
fishery defined under this paragraph (f)(2).
    (vi) BSAI other trawl fishery means fishing with trawl gear in the 
BSAI that results in a retained amount of groundfish caught in the BSAI 
during any weekly reporting period that does not qualify as a midwater 
pollock, yellowfin sole, or bottom pollock fishery.
    (3) Notification of bycatch rate standards--(i) Prior notice. Prior 
to January 1 and July 1 of each year, the Regional Director will publish 
notification in the Federal Register specifying bycatch rate standards 
for the fisheries identified in this paragraph (f) that will be in 
effect for specified seasons within the 6-month periods of January 1 
through June 30 and July 1 through December 31, respectively.
    (ii) Adjustments. The Regional Director may adjust bycatch rate 
standards as frequently as he or she considers appropriate.
    (4) Factors upon which bycatch rate standards are based. Bycatch 
rate standards for a fishery and adjustments to such standards will be 
based on the following information and considerations:
    (i) Previous years' average observed bycatch rates for that fishery.
    (ii) Immediately preceding season's average observed bycatch rates 
for that fishery.
    (iii) The bycatch allowances and associated fishery closures 
specified under paragraphs (d) and (e) of this section.
    (iv) Anticipated groundfish harvests for that fishery.
    (v) Anticipated seasonal distribution of fishing effort for 
groundfish.
    (vi) Other information and criteria deemed relevant by the Regional 
Director.
    (5) Public comment--(i) Prior comment. Bycatch rate standards or 
adjustments to such standards specified under this section will not take 
effect until NMFS has published the proposed bycatch rate standards or 
adjustments to such standards in the Federal Register for public comment 
for a period of 30 days, unless NMFS finds for good cause that such 
notification and public comment are impracticable, unnecessary, or 
contrary to the public interest.
    (ii) Comment after notification. If NMFS decides, for good cause, 
that bycatch rate standards or adjustments to such standards are to be 
made effective without affording a prior opportunity for public comment, 
public comments on the necessity for, and extent of, bycatch rate 
standards or adjustments to such standards will be received by the 
Regional Director for a period of 15 days after the effective date of 
notification.
    (iii) Public inspection of data. During any such 15-day period, the 
Regional Director will make available for public inspection, during 
business hours, the aggregate data upon which bycatch rate standards or 
adjustments to such standards were based.
    (iv) Written comments. If written comments are received during any 
such 15-day period that oppose or protest bycatch rate standards or 
adjustments to such standards issued under this section, NMFS will 
reconsider the necessity for the bycatch standards or adjustment to such 
standards and, as soon as practicable after that reconsideration, will 
either--
    (A) Publish in the Federal Register notification of continued 
effectiveness

[[Page 405]]

of bycatch rate standards or adjustment to such standards, responding to 
comments received; or
    (B) Modify or rescind bycatch rate standards or adjustment to such 
standards.
    (6) Notification of adjustment to bycatch rate standards. 
Notification of adjustments to bycatch rate standards issued by NMFS 
under paragraph (f)(3) of this section will include the following 
information:
    (i) A description of the adjustment to one or more bycatch rate 
standards specified for a fishery.
    (ii) The reasons for the adjustment and the determinations required 
under paragraph (f)(4) of this section.
    (iii) The effective date and any termination date of such 
adjustment. If no termination date is specified, the adjustment will 
remain in effect until revised by subsequent notification in the Federal 
Register.
    (7) Vessel bycatch rates--(i) Observed data. For purposes of this 
section, observed data collected for each haul sampled during a day will 
include: Date; Federal reporting area where trawl gear for the haul was 
retrieved; total round weight of groundfish, in metric tons in the 
portion of the haul sampled by groundfish species or species group for 
which a TAC has been specified under Sec. 679.20; and total round weight 
of halibut, in kilograms, in the portion of the haul sampled. Observer 
data from the BSAI trawl fisheries also will include the total number of 
red king crab in the portion of the haul sampled.
    (ii) Observer sampling procedures. (A) NMFS will randomly 
predetermine the hauls to be sampled by an observer during the time the 
observer is on a vessel.
    (B) An observer will take samples at random from throughout the 
haul, and take samples prior to sorting of the haul by the crew for 
processing or discarding of the catch.
    (C) An observer will sample a minimum of 100 kg of fish from each 
haul sampled.
    (D) While an observer is at sea, the observer will report to NMFS, 
on at least a weekly basis, the data for sampled hauls.
    (E) Upon request, the observer will allow the vessel operator to see 
all observed data set forth under paragraph (f)(7)(i) of this section 
that the observer submits to NMFS.
    (8) Determination of individual vessel bycatch rates. For each 
vessel, the Regional Director will aggregate from sampled hauls the 
observed data collected during a weekly reporting period on the total 
round weight, in metric tons, of each groundfish species or species 
group for which a TAC has been specified under Sec. 679.20 to determine 
to which of the fisheries described in paragraph (f)(8)(i) of this 
section the vessel should be assigned for that week.
    (i) Vessel assignment to fisheries--(A) BSAI catcher/processors. 
Catcher/proc- essors will be assigned to fisheries at the end of each 
weekly reporting period based on the round-weight equivalent of the 
retained groundfish catch composition reported on a vessel's WPR that is 
submitted to the Regional Director under Sec. 679.5.
    (B) BSAI catcher vessel delivery in Federal waters. Catcher vessels 
that deliver to motherships in Federal waters during a weekly reporting 
period will be assigned to fisheries based on the round-weight 
equivalent of the retained groundfish catch composition reported on the 
WPR submitted to the Regional Director for that week by the mothership 
under Sec. 679.5.
    (C) BSAI catcher vessel delivery in Alaska State waters. Catcher 
vessels delivering groundfish to shoreside processors or to motherships 
in Alaska State waters during a weekly reporting period will be assigned 
to fisheries based on the round-weight equivalent of the groundfish 
retained by the processor and reported on an ADF&G fish ticket as 
required under Alaska State regulations at A.S. 16.05.690.
    (ii) Calculation of monthly bycatch rates--(A) Assigned fishery. At 
the end of each fishing month during which an observer sampled at least 
50 percent of a vessel's total number of trawl hauls retrieved while an 
observer was aboard (as recorded in the vessel's DFL), the Regional 
Director will calculate the vessel's bycatch rate based on observed data 
for each fishery to which the vessel was assigned for any weekly 
reporting period during that fishing month.

[[Page 406]]

    (B) Verified observer data. Only observed data that have been 
checked, verified, and analyzed by NMFS will be used to calculate vessel 
bycatch rates for purposes of this section.
    (C) Calculation. The bycatch rate of a vessel for a fishery defined 
under paragraph (f)(2) of this section during a fishing month is a ratio 
of halibut to groundfish that is calculated by using the total round 
weight of halibut (in kilograms), or total number of red king crab, in 
samples during all weekly reporting periods in which the vessel was 
assigned to that fishery and the total round weight of the groundfish 
(in metric tons) for which a TAC has been specified under Sec. 679.20 in 
samples taken during all such periods.
    (9) Compliance with bycatch rate standards. A vessel has exceeded a 
bycatch rate standard for a fishery if the vessel's bycatch rate for a 
fishing month, as calculated under paragraph (f)(8)(ii) of this section 
exceeds the bycatch rate standard established for that fishery under 
paragraph (f)(2) of this section.

[61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 
FR 38359, July 24, 1996]



Sec. 679.22  Closures.

    (a) BSAI--(1) Zone 1 (512) closures to trawl gear--(i) Year-round 
closures. No fishing with trawl gear is allowed at any time in reporting 
area 512 of Zone 1 in the Bering Sea subarea (see Figure 1 of this 
part), except as described in paragraph (a)(1)(ii) of this section.
    (ii) Partial closures (Port Moller). NMFS may allow fishing for 
Pacific cod with trawl gear in that portion of reporting area 512 that 
lies south of a straight line connecting the coordinates 56 deg.43' N. 
lat., 160 deg.00' W. long., and 56 deg.00' N. lat., 162 deg.00' W. 
long., provided that such fishing is in compliance with a scientific 
data collection and monitoring program, established by the Regional 
Director after consultation with the Council, designed to provide data 
useful in the management of the trawl fishery, the halibut, Tanner crab 
and king crab fisheries, and to prevent overfishing of the halibut, 
Tanner and king crab stocks in the area.
    (2) Zone 1 (516) closures to trawl gear--(i) Seasonal closures. No 
fishing with trawl gear is allowed at any time in reporting area 516 of 
Zone 1 in the Bering Sea Subarea (see Figure 1 of this part) during the 
period March 15 through June 15, except as described in paragraph 
(a)(2)(ii) of this section.
    (ii) Partial closures (Port Moller). During the period March 15 
through June 15, NMFS may allow fishing for Pacific cod with trawl gear 
in that portion of reporting area 516 that lies south of the line 
connecting 56 deg.00' N. lat., 162 deg. W. long., and 55 deg.38' N. 
lat., 163 deg.00' W. long., provided that such fishing is in compliance 
with a scientific data collection and monitoring program, established by 
the Regional Director after consultation with the Council, designed to 
provide data useful in the management of the trawl fishery, halibut, 
Tanner crab and king crab fisheries, and to prevent overfishing of the 
halibut, Tanner crab, and king crab stocks in the area.
    (3) Red king crab closures. If the Regional Director determines that 
vessels fishing with trawl gear in reporting areas 512 and 516 will 
catch the PSC limit of 12,000 red king crabs, he or she will immediately 
prohibit all fishing with trawl gear in those areas by notification in 
the Federal Register.
    (4) Walrus protection areas. From April 1 through September 30 of 
any fishing year, vessels with a Federal fisheries permit under 
Sec. 679.4 are prohibited in that part of the Bering Sea subarea between 
3 and 12 nm seaward of the baseline used to measure the territorial sea 
around islands named Round Island and The Twins, as shown on National 
Ocean Survey Chart 16315, and around Cape Pierce (58 deg.33' N. lat., 
161 deg.43' W. long.).
    (5) Catcher Vessel Operational Area (CVOA) (applicable through 
December 31, 1998)--(i) Inshore component. The CVOA is established 
annually from the beginning of the second season of directed fishing for 
pollock defined at Sec. 679.23(e) until either the date that NMFS 
determines that the pollock quota for processing by the inshore 
component has been harvested, or December 31, whichever is earlier.
    (ii) Offshore component. (A) Vessels in the offshore component are 
prohibited from conducting directed fishing for pollock in the CVOA 
unless they are

[[Page 407]]

operating under a CDP approved by NMFS.
    (B) Vessels in the offshore component that do not catch groundfish 
but do process pollock caught in a directed fishery for pollock may 
operate within the CVOA to process pollock.
    (iii) Other than pollock. Vessels that catch or process groundfish 
in directed fisheries for species other than pollock may operate within 
the CVOA.
    (6) Pribilof Island Area Habitat Conservation Zone. Trawling is 
prohibited at all times in the area bounded by a straight line 
connecting the following pairs of coordinates in the following order:

57 deg.57.0' N. lat., 168 deg.30.0' W. long.
56 deg.55.2' N. lat., 168 deg.30.0' W. long.
56 deg.48.0' N. lat., 169 deg.2.4' W. long.
56 deg.34.2' N. lat., 169 deg.2.4' W. long.
56 deg.30.0' N. lat., 169 deg.25.2' W. long.
56 deg.30.0' N. lat., 169 deg.44.1' W. long.
56 deg.55.8' N. lat., 170 deg.21.6' W. long.
57 deg.13.8' N. lat., 171 deg.0.0' W. long.
57 deg.57.0' N. lat., 171 deg.0.0' W. long.
57 deg.57.0' N. lat., 168 deg.30.0' W. long.

    (7) Steller sea lion protection areas, Bering Sea Subarea and 
Bogoslof District--(i) Year-round closures. Trawling is prohibited 
within 10 nm (18.5 km) of each of the eight Steller sea lion rookeries 
shown in Table 4a of this part.
    (ii) Seasonal closures. During January 1 through April 15, or a date 
earlier than April 15, if adjusted under Sec. 679.20, trawling is 
prohibited within 20 nm (37 km) of each of the six Steller sea lion 
rookeries shown in Table 4b of this part.
    (8) Steller sea lion protection areas, Aleutian Islands Subarea--(i) 
Year-round closures. Trawling is prohibited within 10 nm (18.4 km) of 
each of the 19 Steller sea lion rookeries shown in Table 5a of this 
part.
    (ii) Seasonal closures. During January 1 through April 15, or a date 
earlier than April 15, if adjusted under Sec. 679.20, trawling is 
prohibited within 20 nm (37 km) of each of the two Steller sea lion 
rookeries shown in Table 5b of this part.
     (b) GOA--(1) Kodiak Island, trawls other than pelagic trawls --(i) 
Type I closures. No person may trawl in waters of the EEZ within the 
vicinity of Kodiak Island, as shown in Figure 5 of this part as Type I 
areas, from a vessel having any trawl other than a pelagic trawl either 
attached or on board.
    (ii) Type II closures. From February 15 to June 15, no person may 
trawl in waters of the EEZ within the vicinity of Kodiak Island, as 
shown in Figure 5 of this part as Type II areas, from a vessel having 
any trawl other than a pelagic trawl either attached or on board.
     (iii) Type III closures. Type III areas are open to any trawl other 
than a pelagic trawl gear year round.
     (2) Steller sea lion protection areas--(i) Year-round closures. 
Trawling is prohibited in the GOA within 10 nm of the 14 Steller sea 
lion rookeries designated in Table 6a of this part.
     (ii) Seasonal closures. During January 1 through April 15, or a 
date earlier than April 15, if adjusted under Sec. 679.20, trawling is 
prohibited in the GOA within 20 nm of each of the three Steller sea lion 
rookeries presented in Table 6b of this part.
     (c) Directed fishing closures. See Sec. 679.20(d).
     (d) Groundfish as prohibited species closures. See Sec. 679.20(d).
     (e) Overfishing closures. See Sec. 679.20(d).
     (f) Prohibited species closures. See Sec. 679.21.



Sec. 679.23  Seasons.

     (a) General. Fishing for groundfish in the GOA and BSAI is 
authorized from 0001 hours, A.l.t., January 1, through 2400 hours, 
A.l.t., December 31, subject to the other provisions of this part, 
except as provided in paragraph (c) of this section.
     (b) Time of groundfish openings and closures. The time of all 
openings and closures of fishing seasons, other than the beginning and 
end of the calendar fishing year, is 1200 hours, A.l.t.
     (c) GOA and BSAI trawl groundfish. Notwithstanding other provisions 
of this part, fishing for groundfish with trawl gear in the GOA and BSAI 
is prohibited from 0001 hours, A.l.t., January 1, through 1200 hours, 
A.l.t., January 20.
     (d) GOA seasons--(1) Directed fishing for trawl rockfish. Directed 
fishing for rockfish of the genera Sebastes and Sebastolobus with trawl 
gear is authorized from 1200 hours, A.l.t., on the first day of the 
third quarterly reporting period of a fishing year through 2400

[[Page 408]]

hours, A.l.t., December 31, subject to other provisions of this part.
     (2) Directed fishing for pollock. Subject to other provisions of 
this part, directed fishing for pollock in the Western and Central 
Regulatory Areas is authorized only during the three seasons:
     (i) From 0001 hours, A.l.t., January 1, through 1200 hours, A.l.t., 
April 1;
     (ii) From 1200 hours, A.l.t., June 1, through 1200 hours, A.l.t., 
July 1; and
     (iii) From 1200 hours, A.l.t., September 1, through 2400 hours, 
A.l.t., December 31.
     (e) BSAI seasons--(1) Directed fishing for arrowtooth flounder and 
Greenland turbot. Directed fishing for arrowtooth flounder and Greenland 
turbot in the BSAI is authorized from 1200 hours, A.l.t., May 1, through 
2400 hours, A.l.t., December 31, subject to the other provisions of this 
part.
    (2) Directed fishing for pollock. (i) Subject to other provisions of 
this part, and except as provided in paragraphs (e)(2)(ii) and 
(e)(2)(iii) of this section, directed fishing for pollock is authorized 
from 0001 hours, A.l.t., January 1, through 1200 hours, A.l.t, April 15, 
and from 1200 hours A.l.t., September 1, through 1200 hours A.l.t, 
November 1, of each fishing year.
    (ii) Applicable through December 31, 1998. (A) Subject to other 
provisions of this part and except as provided in paragraphs 
(e)(2)(ii)(B) and (e)(2)(ii)(C) of this section, directed fishing for 
pollock by the offshore component, defined at Sec. 679.2 of this part, 
or by vessels delivering pollock to the offshore component, is 
authorized from 1200 hours A.l.t., January 26, through 1200 hours 
A.l.t., April 15.
    (B) Directed fishing for pollock by the offshore component, or 
vessels delivering pollock to the offshore component is prohibited 
through 1200 hours, A.l.t., February 5, for those vessels that are used 
to fish prior to 1200 hours, A.l.t., January 26, for groundfish in the 
BSAI, groundfish in the GOA, as defined at Sec. 679.2, or king or Tanner 
crab in the BSAI, as defined at Sec. 679.2.
    (C) Neither paragraphs (e)(2)(ii)(B) nor (e)(2)(iii) of this section 
apply to vessels used to fish exclusively in a directed fishery for 
pollock prior to 1200 hours, A.l.t., January 26, or during the period 
that extends from 1200 hours, A.l.t., August 25, through 1200 hours 
A.l.t., September 1, under the Western Alaska Community Development 
Quota program pursuant to subpart C and Sec. 679.23(e)(2)(ii)(D) of this 
section.
    (D) Directed fishing for pollock under the Western Alaska Community 
Development Quota program pursuant to subpart C of this part is 
authorized from 0001 hours A.l.t, January 1, through the end of the 
fishing year.
    (iii) Directed fishing for pollock is prohibited during the second 
pollock season defined at paragraph (e)(2)(i) of this section through 
1200 hours, A.l.t., September 8, for any vessel that is used to fish 
with trawl gear for groundfish in the BSAI or the GOA as defined at 
Sec. 679.2 of this part, between 1200 hours A.l.t., August 25, and 1200 
hours A.l.t., September 1.
     (3) CDQ fishing seasons.  (i) CDQ halibut. Fishing for CDQ halibut 
with fixed gear under an approved CDQ allocation may begin on the 
effective date of the allocation, except that CDQ fishing may occur only 
during the fishing periods specified in the annual management measures 
published in the Federal Register pursuant to Sec. 300.62 of chapter III 
of this title.
     (ii) CDQ sablefish. Fishing for CDQ sablefish with fixed gear under 
an approved CDQ allocation may begin on the effective date of the 
allocation, except that CDQ directed fishing may occur only during the 
IFQ fishing season specified in paragraph (g)(1) of this section.
    (f) IFQ halibut. The fishing period(s) for IFQ halibut are 
established by the IPHC and are specified in the annual management 
measures published in the Federal Register pursuant to Sec. 300.62 of 
chapter III of this title. Catches of halibut by fixed gear at times 
other than during the specified fishing periods must be treated as 
prohibited species as prescribed at Sec. 679.21(b).
     (g) IFQ sablefish. (1) Directed fishing for sablefish using fixed 
gear in any IFQ regulatory area may be conducted in any fishing year 
during the period specified by the Regional Director and announced by 
publication in the Federal Register. The Regional Director will take 
into account the opening date of the halibut season when determining

[[Page 409]]

the opening date for sablefish for the purposes of reducing bycatch and 
regulatory discards between the two fisheries.
     (2) Catches of sablefish by fixed gear during other periods may be 
retained up to the amounts provided for by the directed fishing 
standards specified at Sec. 679.20 when made by an individual aboard the 
vessel who has a valid IFQ card and unused IFQ in the account on which 
the card was issued.
     (3) Catches of sablefish in excess of the maximum retainable 
bycatch amounts and catches made without IFQ must be treated in the same 
manner as prohibited species.

[61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 
FR 39602, July 30, 1996]



Sec. 679.24  Gear limitations.

    Regulations pertaining to vessel and gear markings are set forth in 
this section and as prescribed in the annual management measures 
published in the Federal Register pursuant to Sec. 300.62 of chapter III 
of this title.
     (a) Marking of gear--longline marker buoys. (1) All longline marker 
buoys carried on board or used by any vessel regulated under this part 
shall be marked with the following:
     (i) The vessel's name; and
     (ii) The vessel's Federal fisheries permit number; or
     (iii) The vessel's registration number.
     (2) Markings shall be in characters at least 4 inches (10.16 cm) in 
height and 0.5 inch (1.27 cm) in width in a contrasting color visible 
above the water line and shall be maintained so the markings are clearly 
visible.
     (b) Gear restrictions--(1) Pots--(i) Biodegradable panel. Each pot 
used to fish for groundfish must be equipped with a biodegradable panel 
at least 18 inches (45.72 cm) in length that is parallel to, and within 
6 inches (15.24 cm) of, the bottom of the pot, and that is sewn up with 
untreated cotton thread of no larger size than No. 30.
     (ii) Tunnel opening. Each pot used to fish for groundfish must be 
equipped with rigid tunnel openings that are no wider than 9 inches 
(22.86 cm) and no higher than 9 inches (22.86 cm), or soft tunnel 
openings with dimensions that are no wider than 9 inches (22.86 cm).
    (iii) Longline pot gear. Any person using longline pot gear must 
treat any catch of groundfish as a prohibited species, except:
    (A) In the Aleutian Islands subarea.
    (B) While directed fishing for sablefish in the Bering Sea subarea, 
except as provided in paragraph (c)(4)(ii) of this section.
     (2) Net-sounder device. Each person trawling in any GOA area 
limited to pelagic trawling under Sec. 679.22 must maintain on that 
trawl a properly functioning, recording net-sounder device, and must 
retain all net-sounder recordings on board the fishing vessel during the 
fishing year.
     (3) Trawl footrope. No person trawling in any GOA area limited to 
pelagic trawling under Sec. 679.22 may allow the footrope of that trawl 
to be in contact with the seabed for more than 10 percent of the period 
of any tow, as indicated by the net-sounder device.
     (c) Gear restrictions for sablefish--(1) Gear allocations. Gear 
allocations of sablefish TAC are set out under Sec. 679.20.
     (2) GOA Eastern Area--(i) General. (A) No person may use any gear 
other than hook-and-line and trawl gear when fishing for sablefish in 
the GOA Eastern Area.
     (B) No person may use any gear other than hook-and-line gear to 
engage in directed fishing for sablefish.
     (ii) Sablefish as prohibited species--(A) Trawl gear. When 
operators of vessels using trawl gear have harvested 5 percent of the 
TAC for sablefish in the GOA Eastern Regulatory Area during any year, 
further trawl catches of sablefish must be treated as prohibited species 
as provided by Sec. 679.21(b).
     (B) Other gear. Operators of vessels using gear types other than 
those specified in paragraph (c)(2)(i) of this section in the GOA 
Eastern Regulatory Area must treat any catch of sablefish as a 
prohibited species as provided by Sec. 679.21(b).
     (3) GOA Central and Western Areas; sablefish as prohibited species. 
Operators of vessels using gear types other than hook-and-line and trawl 
gear in the GOA Central and Western Regulatory Areas must treat any 
catch of sablefish in these areas as a prohibited species as provided by 
Sec. 679.21(b).

[[Page 410]]

    (4) BSAI. (i) Operators of vessels using gear types other than hook-
and-line, longline pot, pot-and-line, or trawl gear in the BSAI must 
treat sablefish as a prohibited species as provided by Sec. 679.21(b).
    (ii) Longline pot gear is prohibited in directed fishing for 
sablefish from 0001 hrs, A.l.t., on June 1 until 1200 hrs, A.l.t., on 
June 30.
     (d) Trawl gear test areas--(1) General. For purposes of allowing 
pelagic and nonpelagic trawl fishermen to test trawl fishing gear, NMFS 
may establish, after consulting with the Council, locations for the 
testing of trawl fishing gear in areas that would otherwise be closed to 
trawling.
     (2) Trawl gear testing. For the purposes of this section, ``trawl 
gear testing'' means deploying trawl gear in areas designated in this 
paragraph (d) under the following conditions.
     (i) The codend shall be unzipped while trawl gear testing.
     (ii) Groundfish shall not be possessed on board when trawl gear 
testing.
     (iii) Observers aboard vessels during the time spent trawl gear 
testing shall not fulfill observer requirements at subpart E of this 
part.
     (3) Criteria. The establishment of test areas must comply with the 
following criteria:
     (i) Depth and bottom type must be suitable for testing the 
particular gear type.
     (ii) The areas must be outside State waters.
     (iii) The areas must be in locations not normally closed to fishing 
with that gear type.
     (iv) The areas must be in locations that are not usually fished 
heavily by that gear type.
     (v) The areas must not be within a designated Steller sea lion 
protection area at any time of the year.
    (4) Test areas. Trawl gear testing is allowed in the following areas 
(Figure 7 of this part) bounded by straight lines connecting the 
coordinates in the order listed, at all times:
    (i) Kodiak Test Area.

57 deg.37' N. lat., 152 deg.02' W. long.
57 deg.37' N. lat., 151 deg.25' W. long.
57 deg.23' N. lat., 151 deg.25' W. long.
57 deg.23' N. lat., 152 deg.02' W. long.
57 deg.37' N. lat., 152 deg.02' W. long.

    (ii) Sand Point Test Area.

54 deg.50' N. lat., 161 deg.00' W. long.
54 deg.50' N. lat., 160 deg.30' W. long.
54 deg.35' N. lat., 160 deg.30' W. long.
54 deg.35' N. lat., 161 deg.00' W. long.
54 deg.50' N. lat., 161 deg.00' W. long.

    (iii) Bering Sea Test Area.

55 deg.00' N. lat., 167 deg.00' W. long.
55 deg.00' N. lat., 166 deg.00' W. long.
54 deg.40' N. lat., 166 deg.00' W. long.
54 deg.40' N. lat., 167 deg.00' W. long.
55 deg.00' N. lat., 167 deg.00' W. long.

[61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 
FR 49077, Sept. 18, 1996]



Sec. 679.25  Inseason adjustments.

    (a) General--(1) Types of adjustments. Inseason adjustments issued 
by NMFS under this section include:
    (i) Closure, extension, or opening of a season in all or part of a 
management area.
    (ii) Modification of the allowable gear to be used in all or part of 
a management area.
    (iii) Adjustment of TAC and PSC limits.
    (iv) Interim closures of statistical areas, or portions thereof, to 
directed fishing for specified groundfish species.
    (2) Determinations. (i) Any inseason adjustment taken under 
paragraphs (a)(1)(i), (ii), or (iii) of this section must be based on a 
determination that such adjustments are necessary to prevent:
    (A) Overfishing of any species or stock of fish or shellfish;
    (B) Harvest of a TAC for any groundfish species or the taking of a 
PSC limit for any prohibited species that, on the basis of the best 
available scientific information, is found by NMFS to be incorrectly 
specified; or
    (C) Underharvest of a TAC or gear share of a TAC for any groundfish 
species when catch information indicates that the TAC or gear share has 
not been reached.
    (ii) Any inseason closure of a statistical area, or portion thereof, 
under paragraph (a)(1)(iv) of this section, must be based upon a 
determination that such closures are necessary to prevent:
    (A) A continuation of relatively high bycatch rates of prohibited 
species

[[Page 411]]

specified under Sec. 679.21(b) in a statistical area, or portion 
thereof;
    (B) Take of an excessive share of PSC limits or bycatch allowances 
established under Sec. 679.21(d) and (e) by vessels fishing in a 
statistical area, or portion thereof;
    (C) Closure of one or more directed fisheries for groundfish due to 
excessive prohibited species bycatch rates occurring in a specified 
fishery operating within all or part of a statistical area; or
    (D) Premature attainment of established PSC limits or bycatch 
allowances and associated loss of opportunity to harvest the groundfish 
OY.
    (iii) The selection of the appropriate inseason management 
adjustments under paragraphs (a)(1)(i) and (ii) of this section must be 
from the following authorized management measures and must be based upon 
a determination by the Regional Director that the management adjustment 
selected is the least restrictive necessary to achieve the purpose of 
the adjustment:
    (A) Any gear modification that would protect the species in need of 
conservation, but that would still allow other fisheries to continue;
    (B) An inseason adjustment that would allow other fisheries to 
continue in noncritical areas and time periods;
    (C) Closure of a management area and season to all groundfish 
fishing; or
    (D) Reopening of a management area or season to achieve the TAC or 
gear share of a TAC for any of the target species or the ``other 
species category.
    (iv) The adjustment of a TAC or PSC limit for any species under 
paragraph (a)(1)(iii) of this section must be based upon a determination 
by the Regional Director that the adjustment is based upon the best 
available scientific information concerning the biological stock status 
of the species in question and that the currently specified TAC or PSC 
limit is incorrect. Any adjustment to a TAC or PSC limit must be 
reasonably related to the change in biological stock status.
    (v) The inseason closure of a statistical area, or a portion 
thereof, under paragraph (a)(1)(iv) of this section shall not extend 
beyond a 60-day period unless information considered under paragraph (b) 
of this section warrants an extended closure period. Any closure of a 
statistical area, or portion thereof, to reduce prohibited species 
bycatch rates requires a determination by the Regional Director that the 
closure is based on the best available scientific information concerning 
the seasonal distribution and abundance of prohibited species and 
bycatch rates of prohibited species associated with various groundfish 
fisheries.
    (b) Data. All information relevant to one or more of the following 
factors may be considered in making the determinations required under 
paragraphs (a)(2)(i) and (ii) of this section:
    (1) The effect of overall fishing effort within a statistical area;
    (2) Catch per unit of effort and rate of harvest;
    (3) Relative distribution and abundance of stocks of groundfish 
species and prohibited species within all or part of a statistical area;
    (4) Condition of a stock in all or part of a statistical area;
    (5) Inseason prohibited species bycatch rates observed in groundfish 
fisheries in all or part of a statistical area;
    (6) Historical prohibited species bycatch rates observed in 
groundfish fisheries in all or part of a statistical area;
    (7) Economic impacts on fishing businesses affected; or
    (8) Any other factor relevant to the conservation and management of 
groundfish species or any incidentally caught species that are 
designated as prohibited species or for which a PSC limit has been 
specified.
    (c) Procedure. (1) No inseason adjustment issued under this section 
will take effect until--
    (i) NMFS has filed the proposed adjustment for public inspection 
with the Office of the Federal Register; and
    (ii) NMFS has published the proposed adjustment in the Federal 
Register for public comment for a period of 30 days before it is made 
final, unless NMFS finds for good cause that such notification and 
public procedure is impracticable, unnecessary, or contrary to the 
public interest.

[[Page 412]]

    (2) If NMFS decides, for good cause, that an adjustment is to be 
made without affording a prior opportunity for public comment, public 
comments on the necessity for, and extent of, the adjustment will be 
received by the Regional Director for a period of 15 days after the 
effective date of notification.
    (3) During any such 15-day period, the Regional Director will make 
available for public inspection, during business hours, the aggregate 
data upon which an adjustment was based.
    (4) If written comments are received during any such 15-day period 
that oppose or protest an inseason adjustment issued under this section, 
NMFS will reconsider the necessity for the adjustment and, as soon as 
practicable after that reconsideration, will either--
    (i) Publish in the Federal Register notification of continued 
effectiveness of the adjustment, responding to comments received; or
    (ii) Modify or rescind the adjustment.
    (5) Notifications of inseason adjustments issued by NMFS under 
paragraph (a) of this section will include the following information:
    (i) A description of the management adjustment.
    (ii) Reasons for the adjustment and the determinations required 
under paragraph (a)(2)(i) of this section.
    (iii) The effective date and any termination date of such 
adjustment. If no termination date is specified, the adjustment will 
terminate on the last day of the fishing year.



Sec. 679.26  Salmon Donation Program.

    (a) Authorized distributors--(1) Application. An applicant seeking 
to become an authorized distributor must provide the Regional Director 
with the following information:
    (i) Proof of the applicant's tax-exempt status.
    (ii) A description of the arrangements for processing, shipping, 
storing, and transporting donated salmon and an estimate of the 
associated costs.
    (iii) A statement describing the applicant's expertise in providing 
for the distribution of food product from remote Alaskan locations to 
hunger relief agencies, food bank networks, or food bank distributors, 
including arrangements for transportation, distribution costs, and 
product quality control.
    (iv) Documentation of support from cold storage and transportation 
facilities.
    (v) A proposed operating budget that is adequate to ensure that 
salmon donated under this program will be distributed to hunger relief 
agencies, food bank networks, or food bank distributors and that the 
salmon will be maintained in a manner fit for human consumption.
    (vi) Proof of the applicant's ability to obtain and maintain 
adequate funding for the distribution of salmon under the SDP.
    (vii) A copy of the applicant's articles of incorporation and bylaws 
showing that the purpose of the applicant includes providing food 
resources to hunger relief agencies, food bank networks, or food bank 
distributors.
    (viii) Proof of the applicant's ability to take full responsibility 
for the documentation and disposition of salmon received under the SDP, 
including sufficient liability insurance to cover public interests 
relating to the quality of salmon distributed for human consumption.
    (ix) Quality control criteria to be followed by vessels, processors, 
hunger relief agencies, food bank networks, and food bank distributors.
    (x) The number of vessels and processors that the applicant is 
capable of administering effectively.
    (xi) A list of all vessels and processors, food bank networks and 
food bank distributors participating in the SDP. The list of vessels and 
processors must include:
    (A) The vessel's or processor's Federal fisheries permit number or 
Federal processor permit number.
    (B) The name of the vessel owner or responsible operator or the name 
of the owner or plant manager of the processor.
    (C) The vessel's or processor's telephone number and fax number.
    (D) The signature of the vessel owner or responsible operator or the 
owner or plant manager of the processor.
    (xii) A signed statement from the applicant and all persons listed 
under paragraph (a)(1)(xi) of this section who would conduct activities 
pursuant to

[[Page 413]]

the SDP permit waiving any and all claims against the United States and 
its agents and employees for any liability for personal injury, death, 
sickness, damage to property directly or indirectly due to activities 
conducted under the SDP.
    (xiii) A list of locations where salmon must be delivered by 
participating vessels and processors.
    (2) Selection. The Regional Director may select one or more tax-
exempt organizations to be authorized distributors under the SDP based 
on the information submitted by applicants under paragraph (a)(1) of 
this section. The number of authorized distributors selected by the 
Regional Director will be based on the following criteria:
    (i) The number and qualifications of applicants for SDP permits.
    (ii) The number of harvesters and the quantity of salmon that 
applicants can effectively administer.
    (iii) The anticipated level of salmon bycatch based on the salmon 
bycatch from previous years.
    (iv) The potential number of vessels and processors participating in 
the groundfish trawl fisheries.
    (3) SDP Permit. (i) After review of qualified applicants, the 
Regional Director will announce the selection of authorized 
distributor(s) in the Federal Register and will issue SDP permit(s).
    (ii) The Regional Director may impose additional terms and 
conditions on an SDP permit consistent with the objectives of the SDP.
    (iii) An SDP permit may be suspended, modified, or revoked under 15 
CFR part 904 for noncompliance with terms and conditions specified in 
the permit or for a violation of this section or other regulations in 
this part.
    (iv) An SDP permit remains in effect for a 3-year period after the 
selection notice is published in the Federal Register unless suspended 
or revoked. An SDP permit may not be transferred. An SDP permit issued 
to an authorized distributor may be renewed following the application 
procedures in this section.
    (v) If the authorized distributor modifies any information on the 
SDP permit application submitted under paragraph (a)(1)(xi) or 
(a)(1)(xiii) of this section, the authorized distributor must submit a 
modified list of participants or a modified list of delivery locations 
to the Regional Director.
    (b) Reporting and Recordkeeping Requirements. (1) A vessel or 
processor retaining salmon under the SDP must comply with all applicable 
recordkeeping and reporting requirements. A vessel or processor 
participating in the SDP must comply with applicable regulations at 
Secs. 679.7(c)(2), and 679.21(c) that allow for the collection of data 
and biological sampling by an NMFS-certified observer prior to 
processing any salmon under the SDP.
    (2) Salmon retained under the SDP must be packaged, and all packages 
must be labeled with the date of processing, the name of the processing 
facility, the contents and the weight of the salmon contained in the 
package and the words, ``NMFS SALMON DONATION PROGRAM--NOT FOR SALE--
PERISHABLE PRODUCT--KEEP FROZEN''.
    (3) A processor retaining or receiving salmon under the SDP and an 
authorized distributor must keep on file and make available for 
inspection by an authorized officer all documentation including receipt 
and cargo manifests setting forth the origin, weight, and destination of 
all salmon. Such documentation must be retained until 1 year after the 
effective period of the SDP permit.
    (c) Processing, handling, and distribution. (1) Processing and 
reprocessing of all salmon retained under the SDP must be carried out 
under the direction of the authorized distributor. A processor retaining 
or receiving salmon under the SDP, at a minimum, must head, gut, and 
freeze the salmon in a manner that makes it fit for human consumption.
    (2) Salmon that are determined to be unfit for human consumption 
prior to delivery to an authorized distributor must be discarded under 
Sec. 679.21(b). Salmon that are determined to be unfit for human 
consumption after delivery to the authorized distributor must be 
destroyed in accordance with applicable sanitation laws and regulations.
    (3) Authorized distributors and persons conducting activities 
supervised by authorized distributors may retain

[[Page 414]]

salmon only for the purpose of processing and delivering the salmon to 
hunger relief agencies, food networks or food distributors as provided 
by this section. Such persons may not consume or retain salmon for 
personal use and may not sell, trade or barter, or attempt to sell, 
trade or barter any salmon that is retained under the SDP.
    (4) No salmon bycatch may be retained by a vessel or processor, or 
delivered to a delivery location under this section, unless the vessel 
or processor and delivery location is included on the list provided to 
the Regional Director under paragraph (a)(1)(xi), (a)(1)(xiii), or 
(a)(3)(v) of this section.

[61 FR 38359, July 24, 1996]



      Subpart C--Western Alaska Community Development Quota Program



Sec. 679.30  General CDQ regulations.

    (a) State of Alaska CDQ responsibilities--(1) Compliance. The State 
of Alaska must be able to ensure implementation of the CDPs once 
approved by NMFS. To accomplish this, the State must establish a 
monitoring system that defines what constitutes compliance and non-
compliance.
    (2) Public hearings. Prior to granting approval of a CDP recommended 
by the Governor, NMFS shall find that the Governor developed and 
approved the CDP after conducting at least one public hearing, at an 
appropriate time and location in the geographical area concerned, so as 
to allow all interested persons an opportunity to be heard. Hearing(s) 
on the CDP do not have to be held on the actual documents submitted to 
the Governor under paragraph (b) of this section, but must cover the 
substance and content of the proposed CDP in such a manner that the 
general public, and particularly the affected parties, have a reasonable 
opportunity to understand the impact of the CDP. The Governor must 
provide reasonable public notification of hearing date(s) and 
location(s). The Governor must make available for public review, at the 
time of public notification of the hearing, all state materials 
pertinent to the hearing(s) and must include a transcript or summary of 
the public hearing(s) with the Governor's recommendations to NMFS in 
accordance with this subpart. At the same time this transcript is 
submitted to NMFS, it must be made available, upon request, to the 
public. The public hearing held by the Governor will serve as the public 
hearing for purposes of NMFS review under paragraph (c) of this section.
    (3) Council consultation. Before sending his/her recommendations for 
approval of CDPs to NMFS, the Governor must consult with the Council, 
and make available, upon request, CDPs that are not part of the 
Governor's recommendations.
    (b) CDP application. The Governor, after consultation with the 
Council, shall include in his or her written findings to NMFS 
recommending approval of a CDP, that the CDP meets the requirements of 
these regulations, the Magnuson Act, the Alaska Coastal Management 
Program, and other applicable law. At a minimum, the submission must 
discuss the determination of a community as eligible; information 
regarding community development, including goals and objectives; 
business information; and a statement of the managing organization's 
qualifications. For purposes of this section, an eligible community 
includes any community or group of communities that meets the criteria 
set out in paragraph (d) of this section. Applications for a CDP must 
include the following information:
    (1) Community development information. Community development 
information includes:
    (i) Project description. A description of the CDP projects that are 
proposed to be funded by the CDQ and how the CDP projects satisfy the 
goals and purpose of the CDQ program.
    (ii) Allocation request. The allocation of each CDQ species 
requested for each subarea or district of the BSAI, as defined at 
Sec. 679.2 and for each IPHC regulatory area, as prescribed in the 
annual management measures published in the Federal Register pursuant to 
Sec. 300.62 of chapter III of this title.
    (iii) Project schedule. The length of time the CDQ will be necessary 
to achieve the goals and objectives of the CDP, including a project 
schedule with

[[Page 415]]

measurable milestones for determining progress.
    (iv) Employment. The number of individuals to be employed under the 
CDP, the nature of the work provided, the number of employee-hours 
anticipated per year, and the availability of labor from the applicant's 
community(ies).
    (v) Vocational and educational programs. Description of the 
vocational and educational training programs that a CDQ allocation under 
the CDP would generate.
    (vi) Existing infrastructure. Description of existing fishery-
related infrastructure and how the CDP would use or enhance existing 
harvesting or processing capabilities, support facilities, and human 
resources.
    (vii) New capital. Description of how the CDP would generate new 
capital or equity for the applicant's fishing and/or processing 
operations.
    (viii) Transition plan. A plan and schedule for transition from 
reliance on the CDQ allocation under the CDP to self-sufficiency in 
fisheries.
    (ix) Short- and long-term benefits. A description of short- and 
long-term benefits to the applicant from the CDQ allocation.
    (2) Business information. Business information includes:
    (i) Method of harvest. Description of the intended method of 
harvesting the CDQ allocation, including the types of products to be 
produced; amounts to be harvested; when, where, and how harvesting is to 
be conducted; and names and permit numbers of the vessels that will be 
used to harvest a CDQ allocation.
    (ii) Target market and competition. Description of the target market 
for sale of products and competition existing or known to be developing 
in the target market.
    (iii) Business relationships. Description of business relationships 
between all business partners or with other business interests, if any, 
including arrangements for management, audit control, and a plan to 
prevent quota overages. For purposes of this section, business partners 
means all individuals who have a financial interest in the CDQ project.
    (iv) Profit sharing. Description of profit sharing arrangements.
    (v) Funding. Description of all funding and financing plans.
    (vi) Partnerships. Description of joint venture arrangements, loans, 
or other partnership arrangements, including the distribution of 
proceeds among the parties.
    (vii) General budget for implementing the CDP. A general budget is a 
general account of estimated income and expenditures for each CDP 
project that is described in paragraph (b)(1)(i) of this section for the 
total number of calendar years that the CDP is in effect.
    (viii) Capital equipment. A list of all capital equipment.
    (ix) Cash flow. A cash flow and break-even analysis.
    (x) Income statement. A balance sheet and income statement, 
including profit, loss, and return on investment for the proposed CDP.
    (3) Statement of managing organization's qualifications. Statement 
of the managing organization's qualifications includes:
    (i) Structure and personnel. Information regarding its management 
structure and key personnel, such as resumes and references; including 
the name, address, fax number, and telephone number of the managing 
organization's representative; and
    (ii) Management qualifications. A description of how the managing 
organization is qualified to manage a CDQ allocation and prevent quota 
overages. For purposes of this section, a qualified managing 
organization means any organization or firm that would assume 
responsibility for managing all or part of the CDP and that meets the 
following criteria:
    (A) Official letter of support. Documentation of support from each 
community represented by the applicant for a CDP through an official 
letter of support approved by the governing body of the community.
    (B) Legal relationship. Documentation of a legal relationship 
between the CDP applicant and the managing organization (if the managing 
organization is different from the CDP applicant), which clearly 
describes the responsibilities and obligations of each party as 
demonstrated through a contract or other legally binding agreement.

[[Page 416]]

    (C) Expertise. Demonstration of management and technical expertise 
necessary to carry out the CDP as proposed by the CDP application (e.g., 
proven business experience as shown by a balance and income statement, 
including profit, loss, and the return on investment on all business 
ventures within the previous 12 months by the managing organization).
    (c) Review and approval of CDPs--(1) Consistent with criteria. (i) 
Upon receipt by NMFS of the Governor's recommendation for approval of 
proposed CDPs, NMFS will review the record to determine whether the 
community eligibility criteria and the evaluation criteria set forth in 
paragraph (d) of this section have been met. NMFS shall then approve or 
disapprove the Governor's recommendation within 45 days of its receipt.
    (ii) In the event of approval, NMFS shall notify the Governor and 
the Council in writing that the Governor's recommendations for CDPs are 
consistent with the evaluation criteria under paragraph (d) of this 
section and other applicable law, including NMFS reasons for approval.
    (iii) Publication of the decision, including the percentage of each 
CDQ reserve for each subarea or district allocated under the CDPs and 
the availability of the findings, will be published in the Federal 
Register.
    (iv) NMFS will allocate no more than 33 percent of the total CDQ to 
any approved CDP application.
    (v) A CDQ community may not concurrently receive more than one 
pollock, halibut, or sablefish allocation and only one application for 
each type of CDP per CDQ applicant will be accepted.
    (2) Not consistent with criteria. (i) If NMFS finds that the 
Governor's recommendations for CDQ allocations are not consistent with 
the evaluation criteria set forth in these regulations and disapproves 
the Governor's recommendations, NMFS shall so advise the Governor and 
the Council in writing, including the reasons therefor.
    (ii) Notification of the decision will be published in the Federal 
Register.
    (3) Revised CDP. (i) The CDP applicant may submit a revised CDP to 
the Governor for submission to NMFS.
    (ii) Review by NMFS of a revised CDP application will be in 
accordance with the provisions set forth in this section.
    (d) Evaluation criteria. NMFS will approve the Governor's 
recommendations for CDPs if NMFS finds the CDP is consistent with the 
requirements of these regulations, including the following:
    (1) CDP application. Each CDP application is submitted in compliance 
with the application procedures described in paragraph (b) of this 
section.
    (2) NMFS review. Prior to approval of a CDP recommended by the 
Governor, NMFS will review the Governor's findings to determine that 
each community that is part of a CDP is listed in Table 7 of this part 
or meets the following criteria for an eligible community:
    (i) The community is located within 50 nm from the baseline from 
which the breadth of the territorial sea is measured along the Bering 
Sea coast from the Bering Strait to the western most of the Aleutian 
Islands, or on an island within the Bering Sea. A community is not 
eligible if it is located on the GOA coast of the North Pacific Ocean, 
even if it is within 50 nm of the baseline of the Bering Sea.
    (ii) The community is certified by the Secretary of the Interior 
pursuant to the Native Claims Settlement Act (Public Law 92-203) to be a 
native village.
    (iii) The residents of the community conduct more than half of their 
current commercial or subsistence fishing effort in the waters of the 
BSAI.
    (iv) The community has not previously developed harvesting or 
processing capability sufficient to support substantial groundfish 
fisheries participation in the BSAI, unless the community can show that 
benefits from an approved CDP would be the only way to realize a return 
from previous investments. The community of Unalaska is excluded under 
this provision.
    (3) Qualified managing organization. Each CDP application 
demonstrates that a qualified managing organization will be responsible 
for the harvest and use of the CDQ allocation pursuant to the CDP.
    (4) Exceeding the CDQ allocation. Each CDP application demonstrates 
that its

[[Page 417]]

managing organization can effectively prevent exceeding the CDQ 
allocation.
    (5) Governor's findings. The Governor has found for each recommended 
CDP that:
    (i) The CDP and the managing organization are fully described in the 
CDP application, and have the ability to successfully meet the CDP 
milestones and schedule.
    (ii) The managing organization has an adequate budget for 
implementing the CDP, and the CDP is likely to be successful.
    (iii) A qualified applicant has submitted the CDP application and 
the applicant and managing organization have the support of each 
community participating in the proposed CDQ project as demonstrated 
through an official letter approved by the governing body of each such 
community.
    (iv) The following factors have been considered:
    (A) The number of individuals from applicant communities who will be 
employed under the CDP, the nature of their work, and career 
advancement.
    (B) The number and percentage of low income persons residing in the 
applicant communities, and the economic opportunities provided to them 
through employment under the CDP.
    (C) The number of communities cooperating in the application.
    (D) The relative benefits to be derived by participating communities 
and the specific plans for developing a self-sustaining fisheries 
economy.
    (E) The success or failure of the applicant and/or the managing 
organization in the execution of a prior CDP (e.g., exceeding a CDQ 
allocation or any other related violation may be considered a failure 
and may therefore result in partially or fully precluding a CDP from a 
future CDQ allocation).
    (6) Qualified applicant. For purposes of this paragraph (d), 
``qualified applicant'' means:
    (i) A local fishermen's organization from an eligible community, or 
group of eligible communities, that is incorporated under the laws of 
the State of Alaska, or under Federal law, and whose board of directors 
is composed of at least 75 percent resident fishermen of the community 
(or group of communities) that is (are) making an application; or
    (ii) A local economic development organization incorporated under 
the laws of the State of Alaska, or under Federal law, specifically for 
the purpose of designing and implementing a CDP, and that has a board of 
directors composed of at least 75 percent resident fishermen of the 
community (or group of communities) that is (are) making an application.
    (7) Resident fisherman. For the purpose of this paragraph (d), 
``resident fisherman'' means an individual with documented commercial or 
subsistence fishing activity who maintains a mailing address and 
permanent domicile in the community and is eligible to receive an Alaska 
Permanent Fund dividend at that address.
    (8) Board of directors. If a qualified applicant represents more 
than one community, the board of directors of the applicant must include 
at least one member from each of the communities represented.
    (e) Monitoring of CDPs--(1) CDP reports. The following reports must 
be submitted to NMFS:
    (i) Annual progress reports. (A) CDP applicants are required to 
submit annual progress reports to the Governor by June 30 of the year 
following allocation.
    (B) Annual progress reports will include information describing how 
the CDP has met its milestones, goals, and objectives.
    (C) On the basis of those reports, the Governor will submit an 
annual progress report to NMFS and recommend whether CDPs should be 
continued.
    (D) NMFS must notify the Governor in writing within 45 days of 
receipt of the Governor's annual progress report, accepting or rejecting 
the annual progress report and the Governor's recommendations.
    (E) If NMFS rejects the Governor's annual progress report, NMFS will 
return it for revision and resubmission.
    (F) The report will be deemed approved if NMFS does not notify the 
Governor in writing within 45 days of the report's receipt.

[[Page 418]]

    (ii) Annual budget report. (A) An annual budget report is a detailed 
estimation of income and expenditures for each CDP project as described 
in paragraph (b)(1)(i) of this section for a calendar year.
    (B) The annual budget report must be submitted to NMFS by December 
15 preceding the year for which the annual budget applies.
    (C) Annual budget reports are approved upon receipt by NMFS, unless 
disapproved in writing by December 31. If disapproved, the annual budget 
report may be revised and resubmitted to NMFS.
    (D) NMFS will approve or disapprove a resubmitted annual budget 
report in writing.
    (iii) Annual budget reconciliation report. A CDQ group must 
reconcile each annual budget by May 30 of the year following the year 
for which the annual budget applied. Reconciliation is an accounting of 
the annual budget's estimated income and expenditures with the actual 
income and expenditures, including the variance in dollars and variance 
in percentage for each CDP project that is described in paragraph 
(b)(1)(i) of this section. If a general budget, as described in 
paragraph (b)(2)(vii) of this section, is no longer correct due to the 
reconciliation of an annual budget, then the general budget must also be 
revised to reflect the annual budget reconciliation. The revised general 
budget must be included with the annual budget reconciliation report.
    (2) Increase in CDQ allocation. If an applicant requests an increase 
in a CDQ, the applicant must submit a new CDP application for review by 
the Governor and approval by NMFS as described in paragraphs (b) and (c) 
of this section.
    (3) Substantial amendments. (i) A CDP is a working business plan and 
must be kept up to date. Substantial amendments, as described in 
paragraph (e)(3)(iv) of this section, to a CDP will require written 
notification to the Governor and subsequent approval by the Governor and 
NMFS before any change in a CDP can occur. The Governor may recommend to 
NMFS that the request for an amendment be approved.
    (ii) NMFS may notify the Governor in writing of approval or 
disapproval of the amendment within 30 days of receipt of the Governor's 
recommendation. The Governor's recommendation for approval of an 
amendment will be deemed approved if NMFS does not notify the Governor 
in writing within 30 calendar days of receipt of the Governor's 
recommendation.
    (iii) If NMFS determines that the CDP, if changed, would no longer 
meet the criteria under paragraph (d) of this section, or if any of the 
requirements under this section would not be met, NMFS shall notify the 
Governor in writing of the reasons why the amendment cannot be approved.
    (iv) For the purposes of this section, substantial amendments are 
defined as changes in a CDP, including, but not limited to, any of the 
following:
    (A) Any change in the applicant communities or replacement of the 
managing organization.
    (B) A change in the CDP applicant's harvesting or processing 
partner.
    (C) Funding a CDP project in excess of $100,000 that is not part of 
an approved general budget.
    (D) More than a 20-percent increase in the annual budget of an 
approved CDP project.
    (E) More than a 20-percent increase in actual expenditures over the 
approved annual budget for administrative operations.
    (F) A change in the contractual agreement(s) between the CDP 
applicant and its harvesting or processing partner, or a change in a CDP 
project, if such change is deemed by the Governor or NMFS to be a 
material change.
    (v) Notification of an amendment to a CDP shall include the 
following information:
    (A) The background and justification for the amendment that explains 
why the proposed amendment is necessary and appropriate.
    (B) An explanation of why the proposed change to the CDP is an 
amendment according to paragraph (e)(3)(i) of this section.
    (C) A description of the proposed amendment, explaining all changes 
to the CDP that result from the proposed amendment.

[[Page 419]]

    (D) A comparison of the original CDP text with the text of the 
proposed changes to the CDP, and the changed pages of the CDP for 
replacement in the CDP binder.
    (E) Identification of any NMFS findings that would need to be 
modified if the amendment is approved along with the proposed modified 
text.
    (F) A description of how the proposed amendment meets the 
requirements of this subpart. Only those CDQ regulations that are 
affected by the proposed amendment need to be discussed.
    (4) Technical amendments. (i) Any change to a CDP that is not a 
substantial amendment as defined in paragraph (e)(3)(iv) of this section 
is a technical amendment. It is the responsibility of the CDQ group to 
coordinate with the Governor to ensure that a proposed technical 
amendment does not meet the definition for a substantial amendment. 
Technical amendments require written notification to the Governor and 
NMFS before the change in a CDP occurs.
    (ii) A technical amendment will be approved when the CDQ group 
receives a written notification from NMFS announcing the receipt of the 
technical amendment. The Governor may recommend to NMFS, in writing, 
that a technical amendment be disapproved at any time. NMFS may 
disapprove a technical amendment in writing at any time, with the 
reasons therefor.
    (iii) Notification should include:
    (A) The pages of the CDP, with the text highlighted to show 
deletions and additions.
    (B) The changed pages of the CDP for replacement in the CDP binder.
    (5) Cease fishing operations. It is the responsibility of the CDQ-
managing organization to cease fishing operations once a CDQ allocation 
has been reached.
    (f) Suspension or termination of a CDP--(1) Governor's 
recommendation. (i) NMFS, at any time, may partially suspend, suspend, 
or terminate any CDP upon written recommendation of the Governor setting 
out his or her reasons that the CDP recipient is not complying with 
these regulations.
    (ii) After review of the Governor's recommendation and reasons for a 
partial suspension, suspension, or termination of a CDP, NMFS will 
notify the Governor in writing of approval or disapproval of his or her 
recommendation within 45 days of its receipt.
    (iii) In the event of approval of the Governor's recommendation, 
NMFS will publish an announcement in the Federal Register that the CDP 
has been partially suspended, suspended, or terminated, along with 
reasons therefor.
    (2) Non-compliance. NMFS also may partially suspend, suspend, or 
terminate any CDP at any time if NMFS finds a recipient of a CDQ 
allocation pursuant to the CDP is not complying with these regulations, 
other regulations, or provisions of the Magnuson Act or other applicable 
law. Publication of suspension or termination will appear in the Federal 
Register, along with the reasons therefor.
    (3) Review of allocation. An annual progress report, required under 
paragraph (e)(1)(i) of this section, will be used by the Governor to 
review each CDP to determine whether the CDP and CDQ allocation 
thereunder should be continued, decreased, partially suspended, 
suspended, or terminated under the following circumstances:
    (i) If the Governor determines that the CDP will successfully meet 
its goals and objectives, the CDP may continue without any Secretarial 
action.
    (ii) If the Governor recommends to NMFS that an allocation be 
decreased, the Governor's recommendation for decrease will be deemed 
approved if NMFS does not notify the Governor, in writing, within 30 
days of receipt of the Governor's recommendation.
    (iii) If the Governor determines that a CDP has not successfully met 
its goals and objectives, or appears unlikely to become successful, the 
Governor may submit a recommendation to NMFS that the CDP be partially 
suspended, suspended, or terminated. The Governor must set out, in 
writing, his or her reasons for recommending suspension or termination 
of the CDP.
    (iv) After review of the Governor's recommendation and reasons 
therefor, NMFS will notify the Governor, in writing, of approval or 
disapproval of his or her recommendation within 30 days of its receipt. 
In the case of suspension or termination, NMFS will

[[Page 420]]

publish notification in the Federal Register, with reasons therefor.

[61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 
FR 41745, Aug. 12, 1996]



Sec. 679.31  CDQ reserve.

    (a) Pollock CDQ reserve (applicable through December 31, 1998). (1) 
In the proposed and final harvest specifications required under 
Sec. 679.20(c), one-half of the pollock TAC placed in the reserve for 
each subarea or district will be assigned to a CDQ reserve for each 
subarea or district.
    (2) NMFS may add any amount of a CDQ reserve back to the nonspecific 
reserve if, after September 30, the Regional Director determines that 
amount will not be used during the remainder of the fishing year.
    (b) Halibut CDQ reserve. (1) NMFS will annually withhold from IFQ 
allocation the proportions of the halibut catch limit that are specified 
in this paragraph (b) for use as a CDQ reserve.
    (2) Portions of the CDQ for each specified IPHC regulatory area may 
be allocated for the exclusive use of an eligible Western Alaska 
community or group of communities in accordance with a CDP approved by 
the Governor in consultation with the Council and approved by NMFS.
    (3) The proportions of the halibut catch limit annually withheld for 
purposes of the CDQ program, exclusive of issued QS, are as follows for 
each IPHC regulatory area:
    (i) Area 4B. In IPHC regulatory area 4B, 20 percent of the annual 
halibut quota shall be made available for the halibut CDQ program to 
eligible communities physically located in or proximate to this 
regulatory area. For the purposes of this section, ``proximate to'' an 
IPHC regulatory area means within 10 nm from the point where the 
boundary of the IPHC regulatory area intersects land.
    (ii) Area 4C. In IPHC regulatory area 4C, 50 percent of the halibut 
quota shall be made available for the halibut CDQ program to eligible 
communities physically located in IPHC regulatory area 4C.
    (iii) Area 4D. In IPHC regulatory area 4D, 30 percent of the halibut 
quota shall be made available for the halibut CDQ program to eligible 
communities located in or proximate to IPHC regulatory areas 4D and 4E.
    (iv) Area 4E. In IPHC regulatory area 4E, 100 percent of the halibut 
quota shall be made available for the halibut CDQ program to communities 
located in or proximate to IPHC regulatory area 4E. A fishing trip limit 
of 6,000 lb (2.7 mt) will apply to halibut CDQ harvesting in IPHC 
regulatory area 4E.
    (c) Sablefish CDQ reserve. In the proposed and final harvest limit 
specifications required under Sec. 679.20(c), NMFS will specify 20 
percent of the fixed gear allocation of sablefish in each BSAI subarea 
as a sablefish CDQ reserve, exclusive of issued QS. Portions of the CDQ 
reserve for each subarea may be allocated for the exclusive use of CDQ 
applicants in accordance with CDPs approved by the Governor in 
consultation with the Council and approved by NMFS. NMFS will allocate 
no more than 33 percent of the total CDQ for all subareas combined to 
any one applicant with an approved CDP application.



Sec. 679.32  Estimation of total pollock harvest in the CDQ fisheries (applicable through December 31, 1998).

    (a) Recordkeeping and reporting requirements. Vessels and processors 
participating in pollock CDQ fisheries must comply with recordkeeping 
and reporting requirements set out at Sec. 679.5.
    (b) Total pollock harvests--(1) Observer estimates. Total pollock 
harvests for each CDP will be determined by observer estimates of total 
catch and catch composition, as reported on the daily observer catch 
message.
    (2) Cease fishing. The CDQ-managing organization must arrange to 
receive a copy of the observer daily catch message from processors in a 
manner that allows the CDQ-managing organization to inform processors to 
cease fishing operations before the CDQ allocation has been exceeded. 
CDQ-managing organization representatives must also inform NMFS within 
24 hours after the CDQ has been reached and fishing has ceased.
    (3) NMFS estimates. If NMFS determines that the observer, the 
processor, or the CDQ-managing organization

[[Page 421]]

failed to follow the procedures described in paragraphs (c), (d), and 
(e) of this section for estimating the total harvest of pollock, or 
violated any other regulation in this subpart C of this part, NMFS 
reserves the right to estimate the total pollock harvest based on the 
best available data.
    (c) Observer coverage. Vessel operators and processors participating 
in CDQ fisheries must comply with the following requirements for 
observer coverage:
    (1) Shoreside processor. (i) Each shoreside processor participating 
in the CDQ fisheries must have one NMFS-certified observer present at 
all times while groundfish harvested under a CDQ are being received or 
processed.
    (ii) The Regional Director is authorized to require more than one 
observer for a shoreside processor if:
    (A) The CDQ delivery schedule requires an observer to be on duty 
more than 12 hours in a 24-hour period;
    (B) Simultaneous deliveries of CDQ harvests by more than one vessel 
cannot be monitored by a single observer; or
    (C) One observer is not capable of adequately monitoring CDQ 
deliveries.
    (2) Processor vessel. Each processor vessel participating in the CDQ 
fisheries must have two NMFS-certified observers aboard the vessel at 
all times while groundfish harvested under a CDQ are being harvested, 
processed, or received from another vessel.
    (3) Catcher vessel. Observer coverage requirements for catcher 
vessels participating in the CDQ fisheries are in addition to any 
observer coverage requirements in subpart E of this part. Each catcher 
vessel delivering groundfish harvested under a CDQ, other than a catcher 
vessel delivering only unsorted codends to a processor or another 
vessel, must have a NMFS-certified observer on the vessel at all times 
while the vessel is participating in the CDQ fisheries, regardless of 
the vessel length.
    (d) Shoreside processor equipment and operational requirements. Each 
shoreside processor participating in the CDQ fisheries must comply with 
the following requirements:
    (1) Certified scale. Groundfish harvested in the CDQ fisheries must 
be recorded and weighed on a scale certified by the State of Alaska. 
Such a scale must measure catch weights at all times to at least 95-
percent accuracy, as determined by a NMFS-certified observer or 
authorized officer. The scale and scale display must be visible 
simultaneously by the observer.
    (2) Access to scale. Observers must be provided access to the scale 
used to weigh groundfish landings.
    (3) Retention of scale printouts. Printouts of scale measurements of 
each CDQ delivery must be made available to observers and be maintained 
in the shoreside processor for the duration of the fishing year, or for 
as long after a fishing year as product from fish harvested during that 
year are retained in the shoreside processor.
    (4) Prior notice of offloading schedule. The manager of each 
shoreside processor must notify the observer(s) of the offloading 
schedule of each CDQ groundfish delivery at least 1 hour prior to 
offloading to provide the observer an opportunity to monitor the 
weighing of the entire delivery.
    (e) Processor vessel measurement requirements. Each processor vessel 
participating in the CDQ fishery for pollock must estimate the total 
weight of its groundfish catch by the volumetric procedures specified in 
this paragraph (e).
    (1) Receiving bins. Each processor vessel estimating its catch by 
volumetric measurement must have one or more receiving bins in which all 
fish catches are placed to determine total catch weight prior to sorting 
operations.
    (2) Bin volume. The volume of each bin must be accurately measured, 
and the bin must be permanently marked and numbered in 10-cm increments 
on all internal sides of the bin. Marked increments, except those on the 
wall containing the viewing port or window, must be readable from the 
outside of the bin at all times. Bins must be lighted in a manner that 
allows marked increments to be read from the outside of the bin by a 
NMFS-certified observer or authorized officer.
    (3) Bin certification. (i) The bin volume and marked and numbered 
increments must be certified by a registered engineer with no financial 
interest in fishing, fish processing, or fish tender vessels, or by a 
qualified organization

[[Page 422]]

that has been designated by the USCG Commandant, or an authorized 
representative thereof, for the purpose of classing or examining 
commercial fishing industry vessels under the provisions of 46 CFR 
28.76.
    (ii) Bin volumes and marked and numbered increments must be 
recertified each time a bin is structurally or physically changed.
    (iii) The location of bin markings, as certified, must be described 
in writing. Tables certified under this paragraph (e)(1)(iii) indicating 
the volume of each certified bin in cubic meters for each 10-cm 
increment marked on the sides of the bins, must be submitted to the NMFS 
Observer Program prior to harvesting or receiving groundfish and must be 
maintained on board the vessel and made available to NMFS-certified 
observers at all times.
    (iv) All bin certification documents must be dated and signed by the 
certifier.
    (4) Prior notification. Vessel operators must notify observers prior 
to any removal or addition of fish from each bin used for volumetric 
measurements of catch in such a manner that allows an observer to take 
bin volume measurements prior to fish being removed from or added to the 
bin. Once a volumetric measurement has been taken, additional fish may 
not be added to the bin until at least half the original volume has been 
removed. Fish may not be removed from or added to a bin used for 
volumetric measurements of catch until an observer indicates that bin 
volume measurements have been completed and any samples of catch 
required by the observer have been taken.
    (5) Separation of fish. Fish from separate hauls or deliveries from 
separate harvesting vessels may not be mixed in any bin used for 
volumetric measurements of catch.
    (6) Bin viewing port. The receiving bins must not be filled in a 
manner that obstructs the viewing ports or prevents the observer from 
seeing the level of fish throughout the bin.

[61 FR 31230, June 19, 1996; 61 FR 37843, July 22, 1996 as amended at 61 
FR 41745, Aug. 12, 1996]



Sec. 679.33  Halibut and sablefish CDQ.

    (a) Permits. The Regional Director will issue a halibut and/or 
sablefish CDQ permit to the managing organization responsible for 
carrying out an approved CDQ project. A copy of the halibut and/or 
sablefish CDQ permit must be carried on any fishing vessel operated by 
or for the managing organization, and be made available for inspection 
by an authorized officer. Each halibut and/or sablefish CDQ permit will 
be non-transferable and will be effective for the duration of the CDQ 
project or until revoked, suspended, or modified.
    (b) CDQ cards. The Regional Director will issue halibut and/or 
sablefish CDQ cards to all individuals named on an approved CDP 
application. Each halibut and/or sablefish CDQ card will identify a CDQ 
permit number and the individual authorized by the managing organization 
to land halibut and/or sablefish for debit against its CDQ allocation.
    (c) Alteration. No person may alter, erase, or mutilate a halibut 
and/or sablefish CDQ permit, card, registered buyer permit, or any valid 
and current permit or document issued under this part. Any such permit, 
card, or document that has been intentionally altered, erased, or 
mutilated will be invalid.
    (d) Landings. All landings of halibut and/or sablefish harvested 
under an approved CDQ project, dockside sales, and outside landings of 
halibut and/or sablefish must be landed by a person with a valid halibut 
and/or sablefish CDQ card to a person with a valid registered buyer 
permit, and reported in compliance with Sec. 679.5 (l)(1) and (l)(2).
    (e) CDQ fishing seasons. See Sec. 679.23(e)(4).



Sec. 679.34  CDQ halibut and sablefish determinations and appeals.

    Section 679.43 describes the procedure for appealing initial 
administrative determinations for the halibut and sablefish CDQ program 
made under this subpart C of this part.

[[Page 423]]



         Subpart D--Individual Fishing Quota Management Measures



Sec. 679.40  Sablefish and halibut QS.

    The Regional Director shall annually divide the TAC of halibut and 
sablefish that is apportioned to the fixed gear fishery pursuant to the 
annual management measures published in the Federal Register pursuant to 
Sec. 300.62 of chapter III of this title and Sec. 679.20, minus the CDQ 
reserve, among qualified halibut and sablefish quota share holders, 
respectively.
    (a) Initial allocation of QS--(1) General. The Regional Director 
shall initially assign to qualified persons, on or after October 18, 
1994, halibut and sablefish fixed gear fishery QS that are specific to 
IFQ regulatory areas and vessel categories. QS will be assigned as a 
block in the appropriate IFQ regulatory area and vessel category, if 
that QS would have resulted in an allocation of less than 20,000 lb (9 
mt) of IFQ for halibut or sablefish based on the 1994 TAC for fixed gear 
in those fisheries for specific IFQ regulatory areas and the QS pools of 
those fisheries for specific IFQ regulatory areas as of October 17, 
1994.
    (2) Qualified person. (i) As used in this section, a ``qualified 
person'' means a ``person,'' as defined in Sec. 679.2:
    (A) That owned a vessel that made legal landings of halibut or 
sablefish, harvested with fixed gear, from any IFQ regulatory area in 
any QS qualifying year; or
    (B) That leased a vessel that made legal landings of halibut or 
sablefish, harvested with fixed gear, from any IFQ regulatory area in 
any QS qualifying year. A person who owns a vessel cannot be a qualified 
person based on the legal fixed gear landings of halibut or sablefish 
made by a person who leased the vessel for the duration of the lease.
    (ii) Qualified persons, or their successors-in-interest, must exist 
at the time of their application for QS.
    (iii) A former partner of a dissolved partnership or a former 
shareholder of a dissolved corporation who would otherwise qualify as a 
person may apply for QS in proportion to his or her interest in the 
dissolved partnership or corporation.
    (iv) Sablefish harvested within Prince William Sound, or under a 
State of Alaska limited entry program, will not be considered in 
determining whether a person is a qualified person.
    (3) Qualification for QS--(i) Year. A QS qualifying year is 1988, 
1989, or 1990.
    (ii) Vessel ownership. Evidence of vessel ownership shall be limited 
to the following documents, in order of priority:
    (A) For vessels required to be documented under the laws of the 
United States, the USCG abstract of title issued in respect of that 
vessel.
    (B) A certificate of registration that is determinative as to vessel 
ownership.
    (C) A bill of sale.
    (iii) Vessel lease. Conclusive evidence of a vessel lease will 
include a written vessel lease agreement or a notarized statement from 
the vessel owner and lease holder attesting to the existence of a vessel 
lease agreement at any time during the QS qualifying years. Conclusive 
evidence of a vessel lease must identify the leased vessel and indicate 
the name of the lease holder and the period of time during which the 
lease was in effect. Other evidence, which may not be conclusive, but 
may tend to support a vessel lease, may also be submitted.
    (iv) Ownership interest. Evidence of ownership interest in a 
dissolved partnership or corporation shall be limited to corporate 
documents (e.g., articles of incorporation) or notarized statements 
signed by each former partner, shareholder or director, and specifying 
their proportions of interest.
    (v) Legal landing of halibut or sablefish--(A) Definition. As used 
in this section, a ``legal landing of halibut or sablefish'' means 
halibut or sablefish harvested with fixed gear and landed in compliance 
with state and Federal regulations in effect at the time of the landing.
    (B) Documentation. Evidence of legal landings shall be limited to 
documentation of state or Federal catch reports that indicate the amount 
of halibut or sablefish harvested, the IPHC regulatory area or 
groundfish reporting area in which it was caught, the vessel and gear 
type used to catch it, and the

[[Page 424]]

date of harvesting, landing, or reporting. State catch reports are 
Alaska, Washington, Oregon, or California fish tickets. Federal catch 
reports are WPRs required under Sec. 679.5. Sablefish harvested within 
Prince William Sound or under a State of Alaska limited entry program 
will not be considered in determining qualification to receive QS, nor 
in calculating initial QS.
    (4) Calculation of initial QS--(i) Halibut QS. The Regional Director 
shall calculate the halibut QS for any qualified person in each IFQ 
regulatory area based on that person's highest total legal landings of 
halibut in each IPHC regulatory area for any 5 years of the 7-year 
halibut QS base period 1984 through 1990. The sum of all halibut QS for 
an IFQ regulatory area will be the halibut QS pool for that area.
    (ii) Sablefish QS. The Regional Director shall calculate the 
sablefish QS for any qualified person in each IFQ regulatory area based 
on that person's highest total legal landings of sablefish in each 
groundfish reporting area for any 5 years of the 6-year sablefish QS 
base period 1985 through 1990. The sum of all sablefish QS for an IFQ 
regulatory area will be the sablefish QS pool for that area.
    (iii) CDQ program. Each initial QS calculation will be modified to 
accommodate the CDQ program prescribed at subpart C of this part.
    (5) Assignment of QS to vessel categories--(i) LOA. Each qualified 
person's QS will be assigned to a vessel category based on the LOA of 
vessel(s) from which that person made fixed gear legal landings of 
groundfish or halibut in the most recent year of participation and the 
product type landed. As used in this paragraph (a)(5), ``the most recent 
year of participation'' means the most recent of 4 calendar years in 
which any groundfish or halibut were harvested using fixed gear, as 
follows: 1988, 1989, or 1990; or calendar year 1991 prior to September 
26, 1991.
    (ii) Vessel categories. QS and its associated IFQ assigned to vessel 
categories include:
    (A) Category A QS and associated IFQ, which authorizes an IFQ 
cardholder to harvest and process IFQ species on a vessel of any length;
    (B) Category B QS and associated IFQ, which authorizes an IFQ 
cardholder to harvest IFQ species on a vessel of any length;
    (C) Category C QS and associated IFQ, which authorizes an IFQ 
cardholder to harvest IFQ species on a vessel less than or equal to 60 
ft (18.3 m) LOA:
    (D) Category D QS and associated IFQ, which authorizes an IFQ 
cardholder to harvest IFQ halibut on a vessel less than or equal to 35 
ft (10.7 m) LOA;
    (iii) QS assignment. A qualified person's QS will be assigned:
    (A) To vessel category A if, at any time during his/her most recent 
year of participation, that person's vessel processed any groundfish or 
halibut caught with fixed gear.
    (B) To vessel category B if, at any time during his/her most recent 
year of participation, that person's vessel was greater than 60 ft (18.3 
m) LOA and did not process any groundfish or halibut caught with fixed 
gear.
    (C) To each applicable vessel category in proportion to the landings 
of halibut or sablefish made by that person if, at any time during their 
most recent year of participation, that person used more than one vessel 
in different categories.
    (iv) Sablefish QS. A qualified person's sablefish QS will be 
assigned:
    (A) To vessel category C if, at any time during his/her most recent 
year of participation, that person's vessel was less than or equal to 60 
ft (18.3 m) LOA and did not process any groundfish or halibut caught 
with fixed gear.
    (B) To the vessel category in which halibut and groundfish were 
landed, or vessel categories in proportion to the total fixed gear 
landings of halibut and groundfish, if, at any time during the most 
recent year of participation, that person's vessel(s) makes no 
landing(s) of sablefish.
    (v) Halibut QS. A qualified person's halibut QS will be assigned:
    (A) To vessel category C if, at any time during his/her most recent 
year of participation, that person's vessel was less than or equal to 60 
ft (18.3 m), but greater than 35 ft (10.7 m), LOA and did not process 
any groundfish or halibut caught with fixed gear.

[[Page 425]]

    (B) To vessel category D if, at any time during his/her most recent 
year of participation, that person's vessel was less than or equal to 35 
ft (10.7 m) LOA and did not process any groundfish or halibut caught 
with fixed gear.
    (C) To the vessel category in which groundfish were landed, or 
vessel categories in proportion to the total fixed gear landings of 
groundfish, if, at any time during the most recent year of 
participation, that person's vessel(s) makes no landing(s) of halibut.
    (vi) Both species QS. A qualified person's QS for both species will 
be assigned to the vessel category in which groundfish were landed in 
the most recent year of participation if, at any time during that year, 
that person landed halibut in one vessel category and sablefish in a 
different vessel category.
    (6) Application for initial QS--(i) Application form. Upon request, 
the Regional Director shall make available to any person an application 
form for an initial allocation of QS. The application form sent to the 
person requesting a QS allocation will include all data on that person's 
vessel ownership and catch history of halibut and sablefish that can be 
released to the applicant under current state and Federal 
confidentiality rules, and that are available to the Regional Director 
at the time of the request.
    (ii) Application period. An application period of no less than 180 
days will be specified by notification in the Federal Register and other 
information sources that the Regional Director deems appropriate.
    (iii) Complete application. Complete applications received by the 
Regional Director will be acknowledged. An incomplete application will 
be returned to the applicant with specific kinds of information 
identified that are necessary to make it complete.
    (7) Insufficient documentation. Halibut and sablefish catch history, 
vessel ownership or lease data, and other information supplied by an 
applicant will be compared with data compiled by the Regional Director. 
If additional data presented in an application are not consistent with 
the data compiled by the Regional Director, the applicant will be 
notified of insufficient documentation. The applicant will have 90 days 
to submit corroborating documents (as specified in paragraph (a) of this 
section) in support of his/her application or to resubmit a revised 
application. All applicants will be limited to one opportunity to 
provide corroborating documentation or a revised application in response 
to notification of insufficient documentation.
    (8) Verified data. Uncontested data in applications will be approved 
by the Regional Director. Based on these data, the Regional Director 
will calculate each applicant's initial halibut and sablefish QS, as 
provided in paragraph (b) of this section, for each IFQ regulatory area, 
respectively, and will add each applicant's halibut and sablefish QS for 
an IFQ regulatory area to the respective QS pool for that area.
    (9) Unverified data. Catch history, vessel ownership, or lease data 
that cannot be verified by the Regional Director, following the 
procedure described in paragraph (a)(7) of this section, will not 
qualify for QS. An initial determination denying QS on the grounds that 
claimed catch history, vessel ownership or lease data were not verified 
may be appealed following the procedure described in Sec. 679.43. Quota 
share reflecting catch history, vessel ownership, or lease data that are 
contested between two or more applicants, at least one of which is 
likely to qualify for QS when the dispute is resolved, will be assigned 
to a reserve that will be considered part of the QS pool for the 
appropriate IFQ regulatory area. Any QS and IFQ that results from agency 
action resolving the dispute will be assigned to the prevailing 
applicant(s) pursuant to paragraphs (a)(4), (a)(5), (b), and (c) of this 
section. If the assigned IFQ for the 1995 fishing season becomes moot by 
passage of time needed to resolve the dispute, the assignment of QS and 
IFQ for subsequent fishing seasons will be unaffected.
    (b) Annual allocation of IFQ. The Regional Director shall assign 
halibut or sablefish IFQs to each person holding unrestricted QS for 
halibut or sablefish, respectively, up to the limits prescribed in 
Sec. 679.42 (e) and (f). Each assigned IFQ will be specific to an IFQ 
regulatory area and vessel category, and will represent the maximum

[[Page 426]]

amount of halibut or sablefish that may be harvested from the specified 
IFQ regulatory area and by the person to whom it is assigned during the 
specified fishing year, unless the IFQ assignment is changed by the 
Regional Director within the fishing year because of an approved 
transfer or because all or part of the IFQ is sanctioned for violating 
rules of this part.
    (c) Calculation of annual IFQ allocation--(1) General. The annual 
allocation of IFQ to any person (person p) in any IFQ regulatory area 
(area a) will be equal to the product of the TAC of halibut or sablefish 
by fixed gear for that area (after adjustment for purposes of the 
Western Alaska CDQ Program) and that person's QS divided by the QS pool 
for that area. Overages will be subtracted from a person's IFQ pursuant 
to paragraph (d) of this section. Expressed algebraically, the annual 
IFQ allocation formula is as follows:

IFQ pa = [(fixed gear TACa - CDQ reservea)  x  
(QSpa/QS poola)] - overage of IFQpa.

    (2) QS amounts. For purposes of calculating IFQs for any fishing 
year, the amount of a person's QS and the amount of the QS pool for any 
IFQ regulatory area will be the amounts on record with the Alaska 
Region, NMFS, as of 1200 hours, A.l.t., on January 31 of that year.
    (3) IFQ permit. The Regional Director shall issue to each QS holder, 
pursuant to Sec. 679.4, an IFQ permit accompanied by a statement 
specifying the maximum amount of halibut and sablefish that may be 
harvested with fixed gear in a specified IFQ regulatory area and vessel 
category as of January 31 of that year. Such IFQ permits will be mailed 
to each QS holder at the address on record for that person after the 
beginning of each fishing year but prior to the start of the annual IFQ 
fishing season.
    (d) Ten-percent adjustment policy. A person's annual IFQ account 
will be adjusted in the year following a determination that the person 
harvested or landed IFQ species in an amount is greater than the amount 
available in the person's annual IFQ account and if the amount greater 
than the amount available does not exceed 10 percent of the amount 
available in the person's annual IFQ account at the time of landing. The 
adjustment would be a deduction of the amount of IFQ species harvested 
or landed that was determined to exceed the amount available in the 
person's annual IFQ account and will apply to any person to whom the 
affected IFQ is allocated in the year following the determination.
    (e) Underages. Underages of up to 10 percent of a person's total 
annual IFQ account for a current fishing year will be added to that 
person's annual IFQ account in the year following determination of the 
underage. This underage adjustment to the annual IFQ allocation will be 
specific to IFQ species, IFQ regulatory area, and vessel category for 
which an IFQ is calculated, and will apply to any person to whom the 
affected IFQ is allocated in the year following determination of an 
underage.
    (f) Harvesting privilege. Quota shares allocated or permits issued 
pursuant to this part do not represent either an absolute right to the 
resource or any interest that is subject to the ``takings'' provision of 
the Fifth Amendment of the U.S. Constitution. Rather, such quota shares 
or permits represent only a harvesting privilege that may be revoked or 
amended subject to the requirements of the Magnuson Act and other 
applicable law.
    (g) Tagged halibut and sablefish. (1) Nothing contained in this part 
shall prohibit any person at any time from retaining and landing a 
Pacific halibut or sablefish that bears at the time of capture a 
research tag from any state, Federal, or international agency, provided 
that the halibut or sablefish is:
    (i) A Pacific halibut landed pursuant to 50 CFR 300.18; or
    (ii) A sablefish landed in accordance with the Tagged Groundfish 
Research Program.
    (2) Tagged halibut or sablefish landed pursuant to paragraphs (1)(i) 
or (1)(ii) of this section shall not be calculated as part of an 
individual's IFQ harvest or be debited against an individual's halibut 
or sablefish IFQ.

[61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 
FR 41525, Aug. 9, 1996; 61 FR 43314, Aug. 22, 1996]

[[Page 427]]



Sec. 679.41  Transfer of QS and IFQ.

    (a) General. (1) Except as provided in paragraph (a)(2) of this 
section, transfer of QS or IFQ means any transaction requiring QS, or 
the use thereof in the form of IFQ, to pass from one person to another, 
permanently or for a fixed period of time.
    (2) Transactions requiring IFQ cards to be issued in the name of a 
vessel master employed by an individual or a corporation are not 
transfers of QS or IFQ.
    (b) Transfer procedure--(1) Application for transfer. An Application 
for Transfer of QS/IFQ (Application for Transfer) must be approved by 
the Regional Director before a person may use IFQ to harvest IFQ halibut 
or IFQ sablefish, whether the IFQ was the result of a direct transfer or 
the result of a QS transfer. An Application for Transfer will not be 
approved until the Regional Director has reviewed and approved the 
transfer agreement signed by the parties to the transaction. The 
Regional Director shall provide an Application for Transfer form to any 
person on request. Persons who submit an Application for Transfer to the 
Regional Director for approval will receive notification of the Regional 
Director's decision to approve or disapprove the Application for 
Transfer, and, if applicable, the reason(s) for disapproval, by mail 
posted on the date of that decision, unless another communication mode 
is requested on the Application for Transfer.
    (2) QS or IFQ accounts. QS or IFQ accounts affected by an 
Application for Transfer approved by the Regional Director will change 
on the date of approval. Any necessary IFQ permits will be sent with the 
notification of the Regional Director's decision.
    (c) Application for Transfer approval criteria. Except as provided 
in paragraph (f) of this section, an Application for Transfer will not 
be approved until the Regional Director has determined that:
    (1) The person applying for transfer received the QS or IFQ to be 
transferred:
    (i) By initial assignment by the Regional Director as provided in 
Sec. 679.40(a); or
    (ii) By approved transfer.
    (2) The person applying to receive the QS or IFQ meets the 
requirements of eligibility in paragraph (d) of this section.
    (3) The person applying for transfer and the person applying to 
receive the QS or IFQ have their notarized signatures on the Application 
for Transfer.
    (4) There are no fines, civil penalties, or other payments due and 
owing, or outstanding permit sanctions, resulting from Federal fishery 
violations involving either person.
    (5) The person applying to receive the QS or IFQ currently exists.
    (6) The transfer would not cause the person applying to receive the 
QS or IFQ to exceed the use limits in Sec. 679.42 (e) or (f).
    (7) The transfer would not violate the provisions of paragraph (g) 
of this section.
    (8) Other pertinent information requested on the Application for 
Transfer has been supplied to the satisfaction of the Regional Director.
    (d) Eligibility to receive QS or IFQ by transfer--(1) Application 
for Eligibility. All persons applying to receive QS or IFQ must submit 
an Application for Eligibility to Receive QS/IFQ (Application for 
Eligibility), containing accurate information, to the Regional Director. 
The Regional Director will not approve a transfer of IFQ or QS to a 
person until the Application for Eligibility for that person is approved 
by the Regional Director. The Regional Director shall provide an 
Application for Eligibility form to any person on request.
    (2) Type of eligibility. A person must indicate on the Application 
for Eligibility whether the eligibility sought is as:
    (i) An individual; or
    (ii) A corporation, partnership, or other entity.
    (3) Application filing order. A person may submit the Application 
for Eligibility with the Application for Transfer or file the 
Application for Eligibility prior to submitting the Application for 
Transfer. If a person, as described in paragraph (d)(2)(ii) of this 
section, files the Application for Eligibility prior to submitting the 
Application for Transfer, and that person's status subsequently changes, 
as described in

[[Page 428]]

Sec. 679.42(j), that person must resubmit an Application for Eligibility 
before submitting, or with, the Application for Transfer.
    (4) Notification of approval. Applicants will be notified by mail of 
the Regional Director's approval of an application for eligibility.
    (5) Notification of disapproval. The Regional Director will notify 
the applicant if an Application for Eligibility is disapproved. This 
notification of disapproval will include:
    (i) The disapproved Application for Eligibility.
    (ii) An explanation of why the Application for Eligibility was not 
approved.
    (6) Reasons for disapproval. Reasons for disapproval of an 
Application for Eligibility may include, but are not limited to:
    (i) Fewer than 150 days of experience working as an IFQ crewmember.
    (ii) Lack of compliance with the U.S. citizenship or corporate 
ownership requirements specified by the definition of ``person'' at 
Sec. 679.2.
    (iii) An incomplete Application for Eligibility.
    (iv) Fines, civil penalties, or other payments due and owing, or 
outstanding permit sanctions, resulting from Federal fishery violations.
    (e) Transfers of QS blocks. (1) A QS block must be transferred as an 
undivided whole, unless the size of the QS block exceeds the use limits 
specified at Sec. 679.42. If the QS block to be transferred exceeds the 
use limits specified at Sec. 679.42, the Regional Director will divide 
the block into two blocks, one block containing the maximum amount of QS 
allowable under the QS use limits and the other block containing the 
residual QS.
    (2) QS blocks representing less than 1,000 lb (0.5 mt) of IFQ for 
halibut or less than 3,000 lb (1.9 mt) for sablefish, based on the 
factors listed in Sec. 679.40(a), for the same IFQ regulatory area and 
vessel category, may be consolidated into larger QS blocks, provided 
that the consolidated QS blocks do not represent greater than 1,000 lb 
(0.5 mt) of IFQ for halibut or greater than 3,000 lb (1.4 mt) of IFQ for 
sablefish based on the factors listed in Sec. 679.40(a). A consolidated 
QS block cannot be divided and is considered a single block for purposes 
of use and transferability.
    (f) Transfer of QS or IFQ with restrictions. If QS or IFQ must be 
transferred as a result of a court order, operation of law, or as part 
of a security agreement, but the person receiving the QS or IFQ by 
transfer does not meet all of the eligibility requirements of this 
section, the Regional Director will approve the Application for Transfer 
with restrictions. The Regional Director will not assign IFQ resulting 
from the restricted QS to any person. IFQ with restrictions may not be 
used for harvesting halibut or sablefish with fixed gear. The QS or IFQ 
will remain restricted until:
    (1) The person who received the QS or IFQ with restrictions meets 
the eligibility requirements of this section and the Regional Director 
approves an Application for Eligibility for that person; or
    (2) The Regional Director approves the Application for Transfer from 
the person who received the QS or IFQ with restrictions to a person who 
meets the requirements of this section.
    (g) Transfer restrictions. (1) Except as provided in paragraph (f) 
or paragraph (g)(2) of this section, only persons who are IFQ crew 
members or who were initially issued QS assigned to vessel categories B, 
C, or D, and meet the other requirements in this section, may receive by 
transfer QS assigned to vessel categories B, C, or D, or the IFQ 
resulting from it.
    (2) Except as provided in paragraph (g)(3) of this section, only 
persons who are IFQ crew members, and meet the other requirements in 
this section, may receive by transfer QS assigned to vessel categories 
B, C, or D, or the IFQ resulting from it, in IFQ regulatory area 2C for 
halibut or in the IFQ regulatory area east of 140 deg. W. long. for 
sablefish.
    (3) Individuals who were initially issued QS assigned to vessel 
categories B, C, or D may transfer that QS to a corporation that is 
solely owned by the same individual. Such transfers of QS assigned to 
vessel categories B, C, or D in IFQ regulatory area 2C for halibut or in 
the IFQ regulatory area east of 140 deg. W. long. for sablefish will be 
governed by the use provisions of

[[Page 429]]

Sec. 679.42(i); the use provisions pertaining to corporations at 
Sec. 679.42(j) shall not apply.
    (4) The Regional Director will not approve an Application for 
Transfer of QS assigned to vessel categories B, C, or D subject to a 
lease or any other condition of repossession or resale by the person 
transferring QS, except as provided in paragraph (h) of this section, or 
by court order, operation of law, or as part of a security agreement. 
The Regional Director may request a copy of the sales contract or other 
terms and conditions of transfer between two persons as supplementary 
information to the transfer application.
    (h) Transfer of IFQ. (1) Pursuant to paragraph (a) of this section, 
an Application for Transfer must be approved by the Regional Director 
before a person may use any IFQ that results from a direct transfer to 
harvest halibut or sablefish. After approving the Application for 
Transfer, the Regional Director will change any IFQ accounts affected by 
the approved transfer and issue all necessary IFQ permits.
    (2) (Applicable until January 2, 1998). A person may transfer no 
more than 10 percent of the total IFQ resulting from QS held by that 
person and assigned to vessel categories B, C, or D for any IFQ species 
in any IFQ regulatory area to one or more persons for any fishing year.
    (i) Transfer across catcher vessel categories--(1) CDQ compensation. 
Persons issued CDQ compensation QS in a catcher vessel category, 
pursuant to Sec. 679.41(j), and in an IFQ regulatory area in which they 
do not hold QS other than CDQ compensation QS, may use that CDQ 
compensation QS on any catcher vessel. This exemption from catcher 
vessel categories ends upon the first transfer of the CDQ compensation 
QS. CDQ compensation QS being transferred will be permanently assigned 
to a specific catcher vessel category as designated by the person 
receiving the transfer.
    (2) Redesignated catcher vessel category (Applicable until February 
24, 1997). Catcher vessel QS transferred as partial or total 
consideration for the transfer of CDQ compensation QS may be 
redesignated into a new catcher vessel category if the CDQ compensation 
QS being transferred can be used on any catcher vessel pursuant to the 
exemption in paragraph (i)(1) of this section and the person to which 
that CDQ compensation QS was issued is party to the transfer.
    (3) CDQ compensation QS definition. For purposes of this paragraph 
(i), CDQ compensation QS is QS issued as compensation for halibut and 
sablefish harvest privileges foregone due to the CDQ Program, as 
provided in paragraph (j) of this section.
    (j) Compensation for CDQ allocations. (1) The Regional Director will 
compensate persons that receive a reduced halibut QS in IPHC regulatory 
areas 4B, 4C, 4D, or 4E because of the halibut CDQ program by adding 
halibut QS from IPHC regulatory areas 2C, 3A, 3B, and 4A. This 
compensation of halibut QS from areas 2C, 3A, 3B, and 4A will be 
allocated in proportion to the amount of halibut QS foregone due to the 
CDQ allocation authorized by this section.
    (2) The Regional Director will compensate persons that receive a 
reduced sablefish QS in any BSAI IFQ regulatory area because of the 
sablefish CDQ program by taking sablefish QS from the IFQ regulatory 
areas of the GOA and allocating it in proportion to the loss suffered by 
persons in the BSAI area. Such additional compensation of sablefish QS 
will be allocated in proportion to the amount of sablefish QS foregone 
due to the CDQ allocation authorized by this section.
    (3) Persons initially issued QS for IFQ regulatory areas in which a 
portion of the TAC is allocated to the CDQ Program will be compensated 
for halibut and sablefish harvest privileges foregone due to the CDQ 
Program. If a person does not hold QS in an IFQ regulatory area on the 
date the compensation is issued, that person's compensation will be 
issued as unblocked. If a person does hold QS in an IFQ regulatory area 
on the date compensation is issued, that person's compensation will be 
added to their existing QS in that IFQ regulatory area. The resulting QS 
amount will be blocked or unblocked according to the criteria found at 
Sec. 679.40(a). Compensation will be calculated for each non-CDQ area 
using the following formula:


[[Page 430]]


QN = (QC x QSPN x RATE)/(SUMCDQ- 
[RATE x SUMTAC]) ([1-RATE] x TACAVE)(QSPC x 
[CDQ PCT -RATE])

Where:

QN = quota share in non-CDQ area
QC = quota share in CDQ area
QSPN = quota share pool in non-CDQ area (as existing on January 31, 
          1995)
RATE = SUMCDQ/average of the TAC (1988-1994) for all CDQ and non-
          CDQ areas
TACAVE = average of the TAC (1988-1994) for CDQ area
QSPC = quota share pool in CDQ area (as existing on January 31, 
          1995)
CDQPCT = CDQ percentage for CDQ area
SUMCDQ = sum [TACAVE x CDQPCT]
SUMTAC = sum [TACAVE]
    (k) Transfer to the surviving spouse. (1) On the death of an 
individual who holds QS or IFQ, the surviving spouse receives all QS and 
IFQ held by the decedent by right of survivorship, unless a contrary 
intent was expressed by the decedent in a will that is probated. The 
Regional Director will approve an Application for Transfer to the 
surviving spouse when sufficient evidence has been provided to verify 
the death of the individual.
    (2) The Regional Director will approve, for 3 calendar years 
following the date of death of an individual, an Application for 
Transfer of IFQ from the surviving spouse to a person eligible to 
receive IFQ under the provisions of this section, notwithstanding the 
limitations on transfers of IFQ in paragraph (g)(2) of this section.

[61 FR 31230, June 19, 1996, as amended at 61 FR 33385, June 27, 1996; 
61 FR 41526, Aug. 9, 1996]



Sec. 679.42  Limitations on use of QS and IFQ.

    (a) IFQ regulatory area and vessel category. The QS or IFQ specified 
for one IFQ regulatory area must not be used in a different IFQ 
regulatory area. Except as provided in paragraph (k) of this section or 
in Sec. 679.41(i)(1) of this part, the IFQ assigned to one vessel 
category must not be used to harvest IFQ species on a vessel of a 
different vessel category. Notwithstanding Sec. 679.40(a)(5)(ii) of this 
part, IFQ assigned to vessel Category B must not be used on any vessel 
less than or equal to 60 ft (18.3 m) LOA to harvest IFQ halibut in IFQ 
regulatory area 2C or IFQ sablefish in the IFQ regulatory area east of 
140 deg. W. long. unless such IFQ derives from blocked QS units that 
result in IFQ of less than 5,000 lb (2.3 mt), based on the 1996 TAC for 
fixed gear specified for the IFQ halibut fishery and the IFQ sablefish 
fishery in each of these two regulatory areas.
    (b) Gear. Halibut IFQ must be used only to harvest halibut with 
fishing gear authorized in Sec. 679.2. Sablefish fixed gear IFQ must not 
be used to harvest sablefish with trawl gear in any IFQ regulatory area, 
or with pot gear in any IFQ regulatory area of the GOA.
    (c) Requirements. Any individual who harvests halibut or sablefish 
with fixed gear must:
    (1) Have a valid IFQ card.
    (2) Be aboard the vessel at all times during fishing operations.
    (3) Sign any required fish ticket or IFQ landing report for the 
amount of halibut or sablefish that will be debited against the IFQ 
associated with their IFQ card.
    (i) Sablefish PRRs. The amount of sablefish to be reported to NMFS 
for debit from an IFQ account will be the round-weight equivalent 
determined by dividing the initial accurate scale weight of the 
sablefish product obtained at time of landing by the standard PRRs for 
sablefish in Table 3 to this part.
    (ii) Halibut PRRs. The amount of halibut to be reported to NMFS for 
debit from an IFQ account will be the gutted, head-off weight determined 
by multiplying the initial accurate scale weight of the halibut obtained 
at the time of landing by the following conversion factors:

------------------------------------------------------------------------
                                                              Conversion
        Product code               Product  description         factor  
------------------------------------------------------------------------
01..........................  Whole fish...................         0.75
04..........................  Gutted, head on..............         0.90
05..........................  Gutted, head off.............         1.00
------------------------------------------------------------------------

    (d) Emergency waiver. The requirement of paragraph (c) of this 
section for an individual IFQ card holder to be aboard the vessel during 
fishing operations and to sign the IFQ landing report may be waived in 
the event of extreme personal emergency involving the IFQ user during a 
fishing trip. The waiving of these requirements shall

[[Page 431]]

apply only to IFQ halibut or IFQ sablefish retained on the fishing trip 
during which such emergency occurred.
    (e) Sablefish QS use. (1) No person, individually or collectively, 
may use an amount of sablefish QS greater than 1 percent of the combined 
total sablefish QS for the GOA and BSAI IFQ regulatory areas, unless the 
amount in excess of 1 percent was received in the initial allocation of 
QS.
    (2) In the IFQ regulatory area east of 140 deg. W. long., no person, 
individually or collectively, may use more than 1 percent of the total 
amount of QS for this area, unless the amount in excess of 1 percent was 
received in the initial allocation of QS.
    (f) Halibut QS use. Unless the amount in excess of the following 
limits was received in the initial allocation of halibut QS, no person, 
individually or collectively, may use more than:
    (1) IFQ regulatory area 2C. One percent of the total amount of 
halibut QS for IFQ regulatory area 2C.
    (2) IFQ Regulatory areas 2C, 3A, and 3B. One-half percent of the 
total amount of halibut QS for IFQ regulatory areas 2C, 3A, and 3B, 
combined.
    (3) IFQ Regulatory areas 4A, 4B, 4C, 4D, and 4E. One-half percent of 
the total amount of halibut QS for IFQ regulatory areas 4A, 4B, 4C, 4D, 
and 4E, combined.
    (g) Limitations on QS blocks--(1) Number of blocks per species. (i) 
Except as provided in paragraph (g)(1)(ii) of this section, no person, 
individually or collectively, may hold more than two blocks for each 
species in any IFQ regulatory area.
    (ii) If that person, individually or collectively, holds unblocked 
QS for a species in an IFQ regulatory area, such person may only hold 
one QS block for that species in that IFQ regulatory area.
    (2) Holding or to hold blocks of QS. For purposes of this section, 
``holding'' or ``to hold'' blocks of QS means being registered by NMFS 
as the person who received QS by initial assignment or approved 
transfer.
    (h) Vessel limitations--(1) Halibut. (i) Except as provided in 
paragraph (h)(1)(ii) of this section, no vessel may be used, during any 
fishing year, to harvest more than one-half percent of the combined 
total catch limits of halibut for IFQ regulatory areas 2C, 3A, 3B, 4A, 
4B, 4C, 4D, and 4E.
    (ii) In IFQ regulatory area 2C, no vessel may be used to harvest 
more than 1 percent of the halibut catch limit for this area.
    (2) Sablefish. (i) Except as provided in paragraph (h)(2)(ii) of 
this section, no vessel may be used, during any fishing year, to harvest 
more than 1 percent of the combined fixed gear TAC of sablefish for the 
GOA and BSAI IFQ regulatory areas.
    (ii) In the IFQ regulatory area east of 140 deg. W. long., no vessel 
may be used to harvest more than 1 percent of the fixed gear TAC of 
sablefish for this area.
    (3) Excess. A person who receives an approved IFQ allocation of 
halibut or sablefish in excess of these limitations may nevertheless 
catch and retain all of that IFQ with a single vessel. However, two or 
more persons may not catch and retain their IFQs with one vessel in 
excess of these limitations.
    (i) Use of IFQ resulting from QS assigned to vessel categories B, C, 
or D by individuals. In addition to the requirements of paragraph (c) of 
this section, IFQ cards issued for IFQ resulting from QS assigned to 
vessel categories B, C, or D must be used only by the individual who 
holds the QS from which the associated IFQ is derived, except as 
provided in paragraph (i)(1) of this section.
    (1) An individual who receives an initial allocation of QS assigned 
to vessel categories B, C, or D does not have to be on board and sign 
IFQ landing reports if that individual owns the vessel on which IFQ 
sablefish or halibut are harvested, and is represented on the vessel by 
a master employed by the individual who received the initial allocation 
of QS.
    (2) The exemption provided in paragraph (i)(1) of this section does 
not apply to individuals who receive an initial allocation of QS 
assigned to vessel categories B, C, or D for halibut in IFQ regulatory 
area 2C or for sablefish QS in the IFQ regulatory area east of 140 deg. 
W. long., and this exemption is not transferrable.
    (j) Use of IFQ resulting from QS assigned to vessel categories B, C, 
or D by

[[Page 432]]

corporations and partnerships. A corporation or partnership that 
receives an initial allocation of QS assigned to vessel categories B, C, 
or D may use the IFQ resulting from that QS and any additional QS 
acquired within the limitations of this section provided the corporation 
or partnership owns the vessel on which its IFQ is used, and it is 
represented on the vessel by a master employed by the corporation or 
partnership that received the initial allocation of QS. This provision 
is not transferrable and does not apply to QS assigned to vessel 
categories B, C, or D for halibut in IFQ regulatory area 2C or for 
sablefish in the IFQ regulatory area east of 140 deg. W. long. that is 
transferred to a corporation or partnership. Such transfers of 
additional QS within these areas must be to an individual pursuant to 
Sec. 676.41(c) of this part and be used pursuant to paragraphs (c) and 
(i) of this section.
    (1) A corporation or partnership, except for a publicly-held 
corporation, that receives an initial allocation of QS assigned to 
vessel categories B, C, or D loses the exemption provided under 
paragraph (j) of this section on the effective date of a change in the 
corporation or partnership from that which existed at the time of 
initial allocation.
    (2) For purposes of this paragraph (j), ``a change in the 
corporation or partnership'' means the addition of any new 
shareholder(s) or partner(s), except that a court appointed trustee to 
act on behalf of a shareholder or partner who becomes incapacitated is 
not a change in the corporation or partnership.
    (3) The Regional Director must be notified of a change in a 
corporation or partnership as defined in this paragraph (j) within 15 
days of the effective date of the change. The effective date of change, 
for purposes of this paragraph (j), is the date on which the new 
shareholder(s) or partner(s) may realize any corporate liabilities or 
benefits of the corporation or partnership.
    (4) QS assigned to vessel categories B, C, or D and IFQ resulting 
from that QS held in the name of a corporation or partnership that 
changes, as defined in this paragraph, must be transferred to an 
individual, as prescribed in Sec. 679.41 of this part, before it may be 
used at any time after the effective date of the change.
    (k) Processing of fish other than IFQ halibut and IFQ sablefish. 
Fish other than IFQ halibut or IFQ sablefish may be processed on a 
vessel on which persons:
    (1) Are authorized to harvest IFQ halibut or IFQ sablefish based on 
allocations of IFQ resulting from QS assigned to vessel category A; or
    (2) Are authorized to harvest IFQ sablefish based on allocations of 
IFQ resulting from QS assigned to vessel categories B or C unless any 
person aboard the vessel is authorized to harvest IFQ halibut based on 
allocations of IFQ resulting from QS assigned to vessel categories B, C, 
or D.

[61 FR 31230, June 19, 1996, as amended at 61 FR 33385, June 27, 1996; 
61 FR 43314, Aug. 22, 1996]



Sec. 679.43  Determinations and appeals.

    (a) General. This section describes the procedure for appealing 
initial administrative determinations made under this subpart D, 
portions of subpart C of this part that apply to the halibut and 
sablefish CDQ program, and Sec. 679.4(c).
    (b) Who may appeal. Any person whose interest is directly and 
adversely affected by an initial administrative determination may file a 
written appeal. For purposes of this section, such persons will be 
referred to as ``applicant'' or ``appellant.''
    (c) Submission of appeals. Appeals must be in writing and must be 
submitted in original form to the Regional Director. Contact the 
Regional Director for appeals address. Appeals transmitted by electronic 
means will not be accepted.
    (d) Timing of appeals. (1) If an applicant appeals an initial 
administrative determination, the appeal must be filed not later than 60 
days after the date the determination is issued.
    (2) The time period within which an appeal may be filed begins to 
run on the date the initial administrative determination is issued. If 
the last day of the time period is a Saturday, Sunday, or Federal 
holiday, the time period will extend to the close of business on the 
next business day.

[[Page 433]]

    (e) Address of record. NMFS will establish as the address of record 
the address used by the applicant in initial correspondence to Chief, 
RAM Division, after the application period has begun. Notifications of 
all actions affecting the applicant after establishing an address of 
record will be mailed to that address, unless the applicant provides 
NMFS, in writing, with any changes to that address. NMFS bears no 
responsibility if a notification is sent to the address of record and is 
not received because the applicant's actual address has changed without 
notification to NMFS.
    (f) Statement of reasons for appeals. Applicants must timely submit 
a full written statement in support of the appeal, including a concise 
statement of the reasons the initial administrative determination has a 
direct and adverse effect on the applicant and should be reversed or 
modified. If the applicant requests a hearing on any issue presented in 
the appeal, such request for hearing must be accompanied by a concise 
written statement raising genuine and substantial issues of adjudicative 
fact for resolution and a list of available and specifically identified 
reliable evidence upon which the factual issues can be resolved. The 
appellate officer will limit his/her review to the issues stated in the 
appeal; all issues not set out in the appeal will be waived.
    (g) Hearings. The appellate officer will review the applicant's 
appeal and request for hearing, and has discretion to proceed as 
follows:
    (1) Deny the appeal;
    (2) Issue a decision on the merits of the appeal, if the record 
contains sufficient information on which to reach final judgment; or
    (3) Order that a hearing be conducted. The appellate officer may so 
order only if the appeal demonstrates the following:
    (i) There is a genuine and substantial issue of adjudicative fact 
for resolution at a hearing. A hearing will not be ordered on issues of 
policy or law.
    (ii) The factual issue can be resolved by available and specifically 
identified reliable evidence. A hearing will not be ordered on the basis 
of mere allegations or denials or general descriptions of positions and 
contentions.
    (iii) The evidence described in the request for hearing, if 
established at hearing, would be adequate to justify resolution of the 
factual issue in the way sought by the applicant. A hearing will not be 
ordered if the evidence described is insufficient to justify the factual 
determination sought, even if accurate.
    (iv) Resolution of the factual issue in the way sought by the 
applicant is adequate to justify the action requested. A hearing will 
not be ordered on factual issues that are not determinative with respect 
to the action requested.
    (h) Types of hearings. If the appellate officer determines that a 
hearing should be held to resolve one or more genuine and substantial 
issues of adjudicative fact, he/she may order:
    (1) A written hearing, as provided in paragraph (m) of this section; 
or
    (2) An oral hearing, as provided in paragraph (n) of this section.
    (i) Authority of the appellate officer. The appellate officer is 
vested with general authority to conduct all hearings in an orderly 
manner, including the authority to:
    (1) Administer oaths.
    (2) Call and question witnesses.
    (3) Issue a written decision based on the record.
    (j) Evidence. All evidence that is relevant, material, reliable, and 
probative may be included in the record. Formal rules of evidence do not 
apply to hearings conducted under this section.
    (k) Appellate officers' decisions. The appellate officer will close 
the record and issue a decision after determining there is sufficient 
information to render a decision on the record of the proceedings and 
that all procedural requirements have been met. The decision must be 
based solely on the record of the proceedings. Except as provided in 
paragraph (o) of this section, an appellate officer's decision takes 
effect 30 days after it is issued and, upon taking effect, is the final 
agency action for purposes of judicial review.
    (l) Disqualification of an appellate officer. (1) The appellate 
officer will withdraw from an appeal at any time he/she deems himself/
herself disqualified.
    (2) The appellate officer may withdraw from an appeal on an 
appellant's motion if:

[[Page 434]]

    (i) The motion is entered prior to the appellate officer's issuance 
of a decision; and
    (ii) The appellant demonstrates that the appellate officer has a 
personal bias or any other basis for disqualification.
    (3) If the appellate officer denies a motion to withdraw, he/she 
will so rule on the record.
    (m) Written hearing. (1) An appellate officer may order a written 
hearing under paragraph (h)(1) of this section if he/she:
    (i) Orders a hearing as provided in paragraph (g)(3) of this 
section; and
    (ii) Determines that the issues to be resolved at hearing can be 
resolved by allowing the appellant to present written materials to 
support his/her position.
    (2) After ordering a written hearing, the appellate officer will:
    (i) Provide the appellant with notification that a written hearing 
has been ordered.
    (ii) Provide the appellant with a statement of issues to be 
determined at hearing.
    (iii) Provide the appellant with 30 days to file a written response. 
The appellant may also provide documentary evidence to support his/her 
position. The period to file a written response may be extended at the 
sole discretion of the appellate officer, if the appellant shows good 
cause for the extension.
    (3) The appellate officer may, after reviewing the appellant's 
written response and documentary evidence:
    (i) Order that an oral hearing be held, as provided in paragraph 
(h)(2) of this section, to resolve issues that cannot be resolved 
through the written hearing process;
    (ii) Request supplementary evidence from the appellant before 
closing the record; or
    (iii) Close the record.
    (4) The appellate officer will close the record and issue a decision 
after determining that the information on the record is sufficient to 
render a decision.
    (n) Oral hearing. (1) The appellate officer may order an oral 
hearing under paragraphs (h)(2) and (m)(3)(i) of this section if he/she:
    (i) Orders a hearing as provided in paragraph (g)(3) of this 
section; and
    (ii) Determines that the issues to be resolved at hearing can best 
be resolved through the oral hearing process.
    (2) After ordering an oral hearing, the appellate officer will:
    (i) Provide the appellant with notification that an oral hearing has 
been ordered.
    (ii) Provide the appellant with a statement of issues to be 
determined at hearing.
    (iii) Provide the appellant with notification, at least 30 days in 
advance, of the place, date, and time of the oral hearing. Oral hearings 
will be held in Juneau, AK, at the prescribed date and time, unless the 
appellate officer determines, based upon good cause shown, that a 
different place, date, or time will better serve the interests of 
justice. A continuance of the oral hearing may be ordered at the sole 
discretion of the appellate officer if the appellant shows good cause 
for the continuance.
    (3) The appellate officer may, either at his/her own discretion or 
on the motion of the appellant, order a pre-hearing conference, either 
in person or telephonically, to consider:
    (i) The simplification of issues.
    (ii) The possibility of obtaining stipulations, admissions of facts, 
and agreements to the introduction of documents.
    (iii) The possibility of settlement or other means to facilitate 
resolution of the case.
    (iv) Such other matters as may aid in the disposition of the 
proceedings.
    (4) The appellate officer must provide the appellant with 
notification of a pre-hearing conference, if one is ordered, at least 30 
days in advance of the conference. All action taken at the pre-hearing 
conference will be made part of the record.
    (5) At the beginning of the oral hearing, the appellate officer may 
first seek to obtain stipulations as to material facts and the issues 
involved and may state any other issues on which he/she may wish to have 
evidence presented. Issues to be resolved at the hearing will be limited 
to those identified by the appellate officer as provided in

[[Page 435]]

paragraph (g)(3) of this section. The appellant will then be given an 
opportunity to present his/her case.
    (6) During the oral hearing, the appellant has the right to present 
reliable and material oral or documentary evidence and to conduct such 
cross-examination as may be required in the interests of justice.
    (7) After the conclusion of the oral hearing, the appellant may be 
given time by the appellate officer to submit any supplementary 
information that may assist in the resolution of the case.
    (8) The appellate officer will close the record and issue a decision 
after determining that the information on the record is sufficient to 
render a decision.
    (o) Review by the Regional Director. An appellate officer's decision 
is subject to review by the Regional Director, as provided in this 
paragraph (o).
    (1) The Regional Director may affirm, reverse, modify, or remand the 
appellate officer's decision before the 30-day effective date of the 
decision provided in paragraph (k) of this section.
    (2) The Regional Director may take any of these actions on or after 
the 30-day effective date by issuing a stay of the decision before the 
30-day effective date. An action taken under paragraph (o)(1) of this 
section takes effect immediately.
    (3) The Regional Director must provide a written explanation why an 
appellate officer's decision has been reversed, modified, or remanded.
    (4) The Regional Director must promptly notify the appellant(s) of 
any action taken under this paragraph (o).
    (5) The Regional Director's decision to affirm, reverse, or modify 
an appellate officer's decision is a final agency action for purposes of 
judicial review.



Sec. 679.44  Penalties.

    Any person committing, or a fishing vessel used in the commission 
of, a violation of the Magnuson Act or Halibut Act, or any regulation 
issued under the Magnuson Act or Halibut Act, is subject to the civil 
and criminal penalty provisions and civil forfeiture provisions of the 
Magnuson Act or Halibut Act, to part 600 of this chapter, to 15 CFR part 
904 (Civil Procedures), and to other applicable law. Penalties include 
but are not limited to permanent or temporary sanctions to QS and 
associated IFQ.



 Subpart E--Observer Requirements/North Pacific Fisheries Research Plan



Sec. 679.50  Research Plan fee.

    (a) Fee percentage. The fee percentage will be set annually under 
procedures at Sec. 679.53, such that the total fees equal the lesser of 
the following:
    (1) The cost of implementing the Research Plan, including 
nonpayments, minus any other Federal funds that support the Research 
Plan and any existing surplus in the North Pacific Fishery Observer 
Fund; or
    (2) Two percent of the exvessel value of all Research Plan 
fisheries.
    (b) Fee assessment--(1) Fee assessments applicable from January 1, 
1995, through August 31, 1995--(i) General. NMFS will calculate 
bimonthly fee assessments for each processor of Research Plan fisheries 
based on the best available information received by the Regional 
Director since the last bimonthly billing period on the amount of fish 
retained by the processor from Research Plan fisheries. Fee assessments 
will not be calculated for the retained amounts of whole fish processed 
into meal product.
    (ii) Groundfish calculation. The bimonthly fee assessment is 
calculated by NMFS for each shoreside processor or mothership retaining 
groundfish, as follows:

Ag = (G1  x  $exvessel  x  \1/2\F) + (G2  x  
$exvessel  x  F)

Where:
    (A) Ag is the bimonthly fee assessment for groundfish.
    (B) G1 is the round weight or round-weight equivalent of 
retained catch of each groundfish species delivered by catcher vessels 
equal to and greater than 60 ft (18.3 m) LOA determined by the best 
available information received by the Regional Director since the last 
bimonthly billing period.
    (C) G2 is the round weight or round-weight equivalent of 
retained catch of each groundfish species delivered by catcher vessels 
less than 60 ft (18.3 m)

[[Page 436]]

LOA determined by the best available information received by the 
Regional Director since the last bimonthly billing period.
    (D) F is the fee percentage established pursuant to Sec. 679.53 for 
the calendar year.
    (E) $exvessel is the standard exvessel price established 
pursuant to Sec. 679.53 for the calendar year.
    (iii) Crab calculation. The bimonthly fee assessment is calculated 
by NMFS for each processor retaining king or Tanner crab, as follows:

Ac = (C1  x  $exvessel  x  \1/2\F) + (C2  x  
$exvessel  x  F)

Where:
    (A) Ac is the bimonthly fee assessment for crab.
    (B) C1 is the round weight or round-weight equivalent of 
retained catch of red king crab or brown king crab harvested from 
ADF&G's statistical area R (Adak), defined at 5 AAC 34.700, brown king 
crab harvested from ADF&G's statistical area O (Dutch Harbor), defined 
at 5 AAC 34.600, Chionoecetes tanneri Tanner crab, C. angulatus Tanner 
crab, and Lithodes cousei king crab determined by the best available 
information received by the Regional Director since the last bimonthly 
billing period.
    (C) C2 is, except for those species listed under paragraph 
(b)(1)(iii)(B) of this section, the round weight or round-weight 
equivalent of retained catch of king or Tanner crab, determined by the 
best available information received by the Regional Director since the 
last bimonthly billing period.
    (D) $exvessel is the standard exvessel price established 
pursuant to Sec. 679.53 for the calendar year.
    (E) F is the fee percentage established pursuant to Sec. 679.53 for 
the calendar year.
    (iv) Groundfish and halibut calculation. Except as provided in 
paragraph (b)(1)(ii) of this section, the bimonthly fee assessment is 
calculated by NMFS for each processor that retains groundfish or 
halibut, as follows:

Ah,g = (H  x  $exvessel  x  F)

Where:
(A) Ah,g is the bimonthly fee assessment for groundfish or halibut.
    (B) H is the round weight or round-weight equivalent of retained 
catch of groundfish or halibut determined by the best available 
information received by the Regional Director since the last bimonthly 
billing period.
    (C) $exvessel is the standard exvessel price established 
pursuant to Sec. 679.53 for the calendar year.
    (D) F is the fee percentage established pursuant to Sec. 679.53 for 
the calendar year.
    (2) Fee assessments applicable from September 1, 1995, through 
December 31, 1996. Processors of Research Plan fisheries will not be 
assessed fees based on catch from Research Plan fisheries that is 
retained during the period September 1, 1995, through December 31, 1996.
    (3) Fee assessments applicable after December 31, 1996. (i) The 
bimonthly fee assessment is calculated by NMFS for each processor of 
Research Plan fisheries, as follows:

ARP = (R   x   $exvessel  x  F)

Where:
    (A) ARP is the bimonthly fee assessment for Research Plan 
fisheries.
    (B) R is the round weight or round-weight equivalent of retained 
catch for each species from Research Plan fisheries determined by the 
best available information received by the Regional Director since the 
last bimonthly billing period.
    (C) $exvessel is the standard exvessel price established 
pursuant to Sec. 679.53 for the calendar year.
    (D) F is the fee percentage established pursuant to Sec. 679.53 for 
the calendar year.
    (ii) Fee assessments will not be calculated for the retained amounts 
of whole fish processed into meal product.
    (c) Fee payments. (1) NMFS will bill each processor of Research Plan 
fisheries for bimonthly fee assessments calculated under paragraph (b) 
of this section. Each processor must collect and pay the bimonthly fee 
assessments. Bimonthly fee assessment payments must be in the form of 
certified check, draft, or money order payable in U.S. currency to ``The 
Department of Commerce/NOAA.''
    (2) Except as provided in paragraphs (d) and (f) of this section, 
payment in full must be received by the financial institution authorized 
by the U.S.

[[Page 437]]

Treasury to receive these funds within 30 calendar days from the date of 
issuance of each bimonthly fee assessment bill. Payments will be 
deposited in the North Pacific Fishery Observer Fund within the U.S. 
Treasury.
    (d) Credit for observer coverage costs incurred from January 1, 
1995, through August 31, 1995--(1) General. Subject to the limitations 
set out in paragraph (d)(2) of this section, each processor may subtract 
from its portion of the processor's billed fee assessment the cost of 
observer coverage paid by the processor to an observer contractor(s) for 
the processor's compliance with observer coverage requirements at 
Sec. 679.51.
    (2) Limitations. (i) Only those payments to observer contractors for 
observer coverage required under Sec. 679.51 that are received by 
observer contractors prior to April 1, 1996, will be credited against a 
processor's billed fee assessment under this paragraph (d).
    (ii) The amount that may be subtracted from a catcher/processor's 
billed fee assessment for retained catch of groundfish is limited to the 
actual cost of observer coverage required under Sec. 679.51 up to an 
amount equal to the fee assessment calculated under paragraph (b)(1)(iv) 
of this section.
    (iii) The amount that may be subtracted from a shoreside processor's 
or mothership processor vessel's billed fee assessment for retained 
catch of groundfish is limited to the actual cost of observer coverage 
required under Sec. 679.51 up to an amount equal to the sum of the fee 
assessment calculated under paragraph (b)(1)(ii)(B) of this section plus 
one half the fee assessment calculated under paragraph (b)(1)(ii)(C) of 
this section.
    (iv) The amount that may be subtracted from a catcher/processor or 
mothership processor vessel's billed fee assessment for retained catch 
of king or Tanner crab is limited to the actual cost of observer 
coverage required under Sec. 679.51 up to an amount equal to the sum of 
the fee assessment calculated under paragraph (b)(1)(iii)(B) of this 
section plus one half the fee assessment calculated under paragraph 
(b)(1)(iii)(C) of this section.
    (3) Credit applied by NMFS to bimonthly fee assessments. If a 
processor's cost for observer coverage required under Sec. 679.51 during 
a bimonthly period exceeds the calculated fee assessment for that 
period, the Regional Director will credit the processor's next bimonthly 
fee assessment up to an amount equal to the remaining observer coverage 
costs as reported to the Regional Director under paragraph (e) of this 
section, or the bimonthly fee assessment, whichever is less.
    (e) Recordkeeping and reporting--(1) Processor requirements. (i) All 
processors that subtract costs for observer coverage from their 
bimonthly fee assessment under this paragraph (e) must submit to the 
Regional Director a copy of each paid invoice for observer coverage and 
a copy of the check, money order, or other form of payment sent to the 
observer contractor in payment for observer coverage listed on the 
invoice.
    (ii) The information required under paragraph (e)(1)(i) of this 
section must be sent at the time the processor submits the payment of 
the bimonthly fee assessment to the Department of Commerce/NOAA under 
paragraph (c) of this section.
    (2) Observer contractor requirements. (i) Observer contractors must 
submit to the Regional Director a completed Observer Coverage Payment 
Receipt Form for each payment received from a processor for compliance 
with observer coverage requirements at Sec. 679.51 and a copy of the 
check, money order, or other form of payment. Each completed form and 
the attached copy of the record of payment must be submitted to NMFS 
Alaska Fisheries Science Center in Seattle, WA, within 7 days after 
payment is received.
    (ii) Observer coverage payment receipt form. Observer contractors 
may obtain Observer Coverage Payment Receipt Forms from the Regional 
Director. The form requests the following information:
    (A) Observer contractor name and signature of a person serving as a 
representative for the observer contractor;
    (B) Identification of the processor vessel or shoreside processor 
that received observer coverage;
    (C) Name of the observer(s) and date(s) of deployment for observer 
coverage;

[[Page 438]]

    (D) The name and mailing address of the person who paid for observer 
coverage; and
    (E) The total amount paid for observer coverage and the date payment 
for observer coverage was received; and
    (F) Copies of the check, money order, or other form of payment.
    (f) Disputed fee assessments. (1) A processor must notify the 
Regional Director, in writing, within 30 days of issuance of a bimonthly 
fee assessment bill, if any portion of the bimonthly fee assessment bill 
is disputed. The processor must pay the undisputed amount of the 
bimonthly fee assessment bill within 30 days of its issuance, and 
provide documentation supporting the disputed portion claimed to be 
under- or over-billed.
    (2) The Regional Director will review the bimonthly fee assessment 
bill and the documentation provided by the processor, and will notify 
the processor of his/her determination within 60 days of the date of 
issuance of the bimonthly fee assessment bill. If the Regional Director 
determines a billing error has occurred, the processor's account will be 
rectified by credit or issuance of a corrected fee assessment bill. If 
the Regional Director determines that a billing error has not occurred, 
the outstanding payment on the bimonthly fee assessment bill will be 
considered past-due from the date 30 days from the date of issuance of 
the bill and late charges will be assessed under paragraph (g) of this 
section.
    (3) If the processor does not dispute the amount of the fee 
assessment bill within 30 days of its issuance, the fee assessment will 
be final, and will be due to the United States.
    (g) Late charges. The NOAA Office of the Comptroller shall assess 
late charges in the form of interest and administrative charges for late 
payment of fee assessments. Interest will accrue on the unpaid amount at 
a percentage rate established by the Federal Reserve Board and applied 
to funds held by the U.S. Treasury for each 30-day period, or portion 
thereof, that the payment is overdue. Payment received after 90 days 
from the due date will be charged an additional late payment penalty 
charge of 6 percent of the balance due.
    (h) Refund of the North Pacific Fishery Observer Fund (Observer 
Fund)--(1) General. (i) All monies in the Observer Fund will be refunded 
according to the refund procedure set out in paragraph (h)(2) of this 
section. The sum of all amounts refunded cannot exceed the amount 
available in the Observer Fund.
    (ii) The monies in the Observer Fund include: Fee assessment 
payments as specified in paragraph (c) of this section, assessed late 
charges in the form of interest and administrative charges for late 
payment of fee assessments as specified in paragraph (g) of this 
section, and accrued interest. Until the time of refund, monies will 
remain deposited in the Observer Fund earning interest.
    (iii) Without exception, full disbursement of the Observer Fund will 
occur to refund Research Plan processors. NMFS will not retain any funds 
either to reimburse programs for costs incurred to implement the 
Research Plan or to issue refunds.
    (2) Identification of the Research Plan refund recipient.
    (i) Except as indicated in paragraph (h)(2)(ii) of this section, 
Research Plan fees will be refunded to the person who was billed and 
made payment to NMFS. The recipient of the refund and the refund amount 
will be based on Federal processor permit records and Research Plan 
billing.
    (ii) Exceptions. (A) If a refund recipient has died, the refund will 
be issued to the recipient's estate;
    (B) If a refund recipient is a corporation and has gone bankrupt, 
successor-in-interest guidelines, as set forth in applicable state law, 
will be followed.
    (3) Calculation of the principal portion of refund. All payment 
amounts as assessed under paragraphs (c) and (g) of this section, and 
paid by processors, will be verified by NMFS in the Research Plan 
billing records and will constitute the principal portion of the refund.
    (4) Calculation of the interest portion of refund--(i) General. (A) 
The interest earned by the principal portion invested in the Observer 
Fund will be distributed among paying processors

[[Page 439]]

based on their proportional contribution to the Observer Fund. 
Contributions are based on two factors: The processor's total payment 
amount and the number of days the processor's total payment amount was 
on deposit.
    (B) This method is necessary to ensure that the interest that is 
refunded does not exceed the interest amount that was earned and is 
available in the Observer Fund. Due to the administrative process used 
to invest the funds, certain delays existed between the date a processor 
made payment and the actual investment date. The date of payment is not 
the date the deposits were invested. Therefore, using the date of 
payment to calculate interest earned on an individual processor's 
payments will not accurately reflect the interest that was actually 
earned.
    (C) NMFS has determined that the calculation specified in this 
paragraph (h)(4) is a fair and equitable way to distribute the interest 
earned on Observer Fund investments among the processors that made 
Research Plan payments. The interest portion of the refund will be 
calculated as follows.
    (ii) Processor's contribution. A processor's total payment amount 
multiplied by the number of days the processor's total payment amount 
was on deposit equals the processor's contribution. The number of days 
is based on the payment receipt date at the First National Bank of 
Chicago. For example, if a processor's total payment amount was $20,000 
and this amount was on deposit for 150 days, then the processor's 
contribution is $20,000 x 150=$3,000,000);
    (iii) Processor's percent contribution to Observer Fund. A 
processor's contribution divided by the total amount of all processor 
contributions multiplied by 100 equals the processor's percent 
contribution to the Observer Fund. For example, if the total amount of 
all processor contributions is $750,000,000 ($5,000,000 x 150 days), 
then the processor's percent contribution is $3,000,000/
$750,000,000 x 100=0.4 percent.
    (iv) Processor's interest portion of Research Plan refund. A 
processor's percent contribution multiplied by the total amount of 
interest earned by the Observer Fund equals the processor's interest 
portion of the Research Plan refund. For example, if the total amount of 
interest earned by the Observer Fund is $200,000, then the processor's 
interest portion of the Research Plan refund is 0.4 
percent x $200,000=$800.
    (5) Disinvestment of the Observer Fund. The interest portion of the 
refund cannot be calculated until Observer Fund investments are 
withdrawn. Withdrawal of investments will occur just prior to the 
earliest possible issuance of refund checks in order to avoid 
unwarranted loss of interest. The actual amount of a processor's 
interest portion of the refund will be evident upon receipt of the 
refund check.
    (6) Notification to processors of refund amounts. (i) NMFS will 
notify each processor by certified mail of a preliminary determination 
of the principal portion of the refund amount. The sum of the payment 
amounts received for each processor equals the principal portion of the 
Research Plan refund.
    (ii) Final determination of a processor's principal portion is 
subject to resolution of all disputes received under paragraph (h)(7) of 
this section.
    (iii) The notification letter to each processor will include the 
following itemized reference information:
    (A) Payment amount received.
    (B) Payment receipt date at the First National Bank of Chicago.
    (C) Check number.
    (D) Research Plan bill number to which the payment was applied.
    (E) The fishery category to which the payment was applied.
    (7) Dispute process. A processor that disagrees with any 
determination of the principal portion of the refund amount as described 
in paragraph (h)(3) of this section must sign the certified notification 
letter and return it to NMFS within 30 days of receipt of the certified 
letter, accompanied by documentation supporting the disputed principal 
portion of the refund amount.
    (i) NMFS review. NMFS will review letters and documentation received 
under this paragraph (h)(7).
    (ii) NMFS determination. (A) If NMFS determines an error exists in 
the calculation of the principal portion of refund amounts, NMFS will 
correct such calculations and notify the affected processors of its 
determination; or

[[Page 440]]

    (B) If NMFS determines no error exists in the calculation of the 
principal portion of refund amounts, NMFS will notify the affected 
processors of its determination.
    (8) Disbursement of refund checks. Once all disputes received under 
paragraph (h)(7) of this section have been resolved, NMFS will authorize 
and provide necessary documentation for refund checks to be disbursed by 
the U.S. Treasury.



Sec. 679.51  General observer requirements (applicable through December 31, 1996).

    (a) Coverage requirements for operators of GOA and BSAI groundfish 
vessels. Observer coverage is required as follows:
    (1) Mothership. A mothership of any length that:
    (i) Processes 1,000 mt or more in round weight or round-weight 
equivalents of groundfish during a calendar month is required to have a 
NMFS-certified observer aboard the vessel each day it receives or 
processes groundfish during that month.
    (ii) Processes from 500 mt to 1,000 mt in round weight or round-
weight equivalents of groundfish during a calendar month is required to 
have a NMFS-certified observer aboard the vessel at least 30 percent of 
the days it receives or processes groundfish during that month.
    (iii) Each mothership that receives pollock harvested by catcher 
vessels in the CVOA, defined in Figure 2 of this part, during the second 
pollock season that starts on August 15 under Sec. 679.23, is required 
to have a second NMFS-certified observer aboard, in addition to the 
observer required under paragraphs (a)(1) (i) and (ii) of this section, 
for each day of the second pollock season until the chum salmon savings 
area is closed under Sec. 679.21(e)(7)(vi), or October 15, 1996, 
whichever occurs first.
    (2) Catcher/processor or catcher vessel. A catcher/processor or 
catcher vessel:
    (i) Except for a vessel fishing for groundfish with pot gear as 
provided in paragraphs (a)(2) (iv) and (v) of this section, 125 ft (38.1 
m) LOA or longer must carry a NMFS-certified observer during 100 percent 
of its fishing days while fishing for groundfish.
    (ii) Equal to or greater than 60 ft (18.3 m) LOA, but less than 125 
ft (38.1 m) LOA, must carry a NMFS-certified observer during at least 30 
percent of its fishing days in each calendar quarter in which the vessel 
participates for more than 3 fishing days in a directed fishery for 
groundfish. Each vessel that participates for more than 3 fishing days 
in a directed fishery for groundfish in a calendar quarter must carry a 
NMFS-certified observer during at least one fishing trip during that 
calendar quarter for each of the groundfish fishery categories defined 
under paragraph (b) of this section in which the vessel participates.
    (iii) Fishing with hook-and-line gear that is required to carry an 
observer under paragraph (a)(2)(ii) of this section must carry a NMFS-
certified observer during at least one fishing trip in the GOA Eastern 
Regulatory Area during each calendar quarter in which the vessel 
participates in a directed fishery for groundfish in the Eastern 
Regulatory Area.
    (iv) Equal to or greater than 60 ft (18.3 m) LOA fishing with pot 
gear must carry a NMFS-certified observer during at least 30 percent of 
its fishing days in each calendar quarter in which the vessel 
participates for more than 3 fishing days in a directed fishery for 
groundfish.
    (v) Participating for more than 3 fishing days in a directed fishery 
for groundfish using pot gear must carry a NMFS-certified observer 
during at least one fishing trip during a calendar quarter for each of 
the groundfish fishery categories defined under paragraph (b) of this 
section in which the vessel participates.
    (b) Groundfish fishery categories requiring separate coverage. 
Directed fishing for groundfish, during any fishing trip, results:
    (1) Pollock fishery. In a retained catch of pollock that is greater 
than the retained catch of any other groundfish species or species group 
that is specified as a separate groundfish fishery under this paragraph 
(b).
    (2) Pacific cod fishery. In a retained catch of Pacific cod that is 
greater than the retained catch of any other groundfish species or 
species group

[[Page 441]]

that is specified as a separate groundfish fishery under this paragraph 
(b).
    (3) Sablefish fishery. In a retained catch of sablefish that is 
greater than the retained catch of any other groundfish species or 
species group that is specified as a separate groundfish fishery under 
this paragraph (b).
    (4) Rockfish fishery. In a retained aggregate catch of rockfish of 
the genera Sebastes and Sebastolobus that is greater than the retained 
catch of any other groundfish species or species group that is specified 
as a separate groundfish fishery under this paragraph (b).
    (5) Flatfish fishery. In a retained aggregate catch of all flatfish 
species, except halibut, that is greater than the retained catch of any 
other groundfish species or species group that is specified as a 
separate groundfish fishery under this paragraph (b).
    (6) Other species fishery. In a retained catch of groundfish that 
does not qualify as a pollock, Pacific cod, sablefish, rockfish, or 
flatfish fishery as defined under paragraphs (b) (1) through (5) of this 
section.
    (c) Assignment of vessels to fisheries. At the end of any fishing 
trip, a vessel's retained catch composition of groundfish species or 
species groups for which a TAC has been specified under Sec. 679.20, in 
round weight or round-weight equivalents, will determine to which of the 
fishery categories listed under paragraph (b) of this section the vessel 
is assigned.
    (1) Catcher/processor. A catcher/processor will be assigned to a 
fishery category based on retained groundfish catch composition reported 
on the vessel's WPR submitted to the Regional Director under Sec. 679.5.
    (2) Catcher vessel delivery in Federal waters. A catcher vessel that 
delivers to motherships in Federal waters will be assigned to a fishery 
category based on the retained groundfish catch composition reported on 
the WPR submitted to the Regional Director for that week by the 
mothership under Sec. 679.5.
    (3) Catcher vessel delivery in Alaska State waters. A catcher vessel 
that delivers groundfish to a shoreside processor or to a mothership in 
Alaska State waters will be assigned to a fishery category based on the 
retained groundfish catch composition reported on one or more ADF&G fish 
tickets as required under Alaska Statutes at A.S. 16.05.690.
    (d) Coverage requirements for managers of BSAI and GOA groundfish 
shoreside processors. Observer coverage is required as follows. A 
shoreside processor:
    (1) That processes 1,000 mt or more in round weight or round-weight 
equivalents of groundfish during a calendar month is required to have a 
NMFS-certified observer present at the facility each day it receives or 
processes groundfish during that month.
    (2) That processes 500 mt to 1,000 mt in round weight or round-
weight equivalents of groundfish is required to have a NMFS-certified 
observer present at the facility at least 30 percent of the days it 
receives or processes groundfish during that month.
    (3) That offloads pollock at more than one location on the same 
dock; has distinct and separate equipment at each location to process 
those pollock; and that receives pollock harvested by catcher vessels in 
the CVOA during the second pollock season that starts on August 15, 
under Sec. 679.23, is required to have a NMFS-certified observer, in 
addition to the observer required under paragraphs (d) (1) and (2) of 
this section, at each location where pollock is offloaded, for each day 
of the second pollock season until the chum salmon savings area is 
closed under Sec. 679.21(e)(7)(vi), or October 15, 1996, whichever 
occurs first.
    (e) Coverage requirements for vessel operators of BSAI king and 
Tanner crab. An operator of a vessel that harvests or processes king or 
Tanner crab must have one or more State of Alaska-certified observers 
aboard the vessel whenever king or Tanner crab are received, processed, 
or on board the vessel in the BSAI if the operator is required to do so 
by Alaska State regulations at 5 AAC 34.035, 34.082, 35.082, or 39.645.

[61 FR 31230, June 19, 1996, as amended at 61 FR 49981, Sept. 24, 1996]

[[Page 442]]



Sec. 679.52  Observer coverage requirements for Research Plan fisheries (applicable after December 31, 1996).

    (a) BSAI and GOA groundfish and halibut from convention waters off 
Alaska--(1) Operators of vessels. An operator of a vessel that catches 
and retains groundfish or halibut, or a vessel that processes groundfish 
or halibut, must carry one or more NMFS-certified observers aboard the 
vessel whenever fishing operations are conducted, if the operator is 
required to do so by the Regional Director under paragraph (c) of this 
section.
    (2) Managers of shoreside processors. A manager of a shoreside 
processor that processes groundfish or halibut received from vessels 
regulated under this part must have one or more NMFS-certified observers 
present at the facility whenever groundfish or halibut are received or 
processed, if the manager is required to do so by the Regional Director 
under paragraph (c) of this section.
    (b) BSAI king and Tanner crab--(1) Operators of vessels. An operator 
of a vessel subject to this part must carry one or more NMFS-certified 
observers or ADF&G employees aboard the vessel whenever fishing or 
processing operations are conducted, if the operator is required to do 
so by the Regional Director under paragraph (c) of this section.
    (2) Managers of shoreside processors. A manager of a shoreside 
processor that processes king or Tanner crab received from vessels 
regulated under this part must have one or more NMFS-certified 
observers, or ADF&G employees, present at the facility whenever king or 
Tanner crab is received or processed, if the manager is required to do 
so by the Regional Director under paragraph (c) of this section.
    (c) Annual determination of coverage level. The appropriate level of 
observer coverage necessary to achieve the objectives of the Research 
Plan, given the funds available from the North Pacific Fishery Observer 
Fund, will be established annually under procedures in Sec. 679.53.
    (d) Inseason changes in coverage level. (1) The Regional Director 
may increase or decrease the observer coverage requirements for the 
Research Plan fisheries at any time to improve the accuracy, 
reliability, and availability of observer data, and to ensure solvency 
of the observer program, so long as the standards of section 313 of the 
Magnuson Act and other applicable Federal regulations are met, and the 
changes are based on one or more of the following:
    (i) A finding that there has been, or is likely to be, a significant 
change in fishing methods, times, or areas, or catch or bycatch 
composition for a specific fishery or fleet component.
    (ii) A finding that such modifications are necessary to improve data 
availability or quality in order to meet specific fishery management 
objectives.
    (iii) A finding that any decrease in observer coverage resulting 
from unanticipated funding shortfalls is consistent with the following 
priorities:
    (A) Status of stock assessments.
    (B) Inseason management.
    (C) Bycatch monitoring.
    (D) Vessel incentive programs and regulatory compliance.
    (E) A determination that any increased costs are commensurate with 
the quality and usefulness of the data to be derived from any revised 
program, and are necessary to meet fishery management needs.
    (2) The Regional Director will consult with the Commissioner of 
ADF&G prior to making inseason changes in observer coverage level for 
the crab observer program.
    (3) NMFS will publish changes in observer coverage requirements made 
under this paragraph (d) in the Federal Register, with the reasons for 
the changes and any special instructions to vessels required to carry 
observers, at least 10 calendar days prior to their implementation.
    (e) Responsibilities--(1) Vessel responsibilities. An operator of a 
vessel must:
    (i) Accommodations and food. Provide, at no cost to observers, the 
State of Alaska, or the United States, accommodations and food on the 
vessel for the observer or observers that are equivalent to those 
provided for officers, engineers, foremen, deck-bosses or other 
management level personnel of the vessel.

[[Page 443]]

    (ii) Safe conditions. Maintain safe conditions on the vessel for the 
protection of observers during the time observers are aboard the vessel, 
by adhering to all USCG and other applicable rules, regulations, or 
statutes pertaining to safe operation of the vessel.
    (iii) Transmission of data. Facilitate transmission of observer data 
by:
    (A) Allowing observers to use the vessel's communication equipment 
and personnel, on request, for the entry, transmission, and receipt of 
work-related messages, at no cost to the observers, the State of Alaska, 
or the United States.
    (B) Ensuring that each mothership that receives pollock harvested in 
the CVOA, during the pollock non-roe season that starts on August 15, is 
equipped with INMARSAT Standard A satellite communication capabilities, 
cc:Mail remote, and the data entry software, provided by the Regional 
Director, for use by the observer. The operator of each mothership shall 
also make available for the observers' use the following equipment 
compatible therewith and having the ability to operate the NMFS-supplied 
data entry software program: A personal computer with a 486 or better 
processing chip and a DOS 3.0 or better operating system with 10 
megabytes free hard disk storage and 8 megabytes RAM.
    (C) Ensuring that the communication equipment that is on motherships 
as specified at paragraph (e)(1)(iii)(B) of this section, and that is 
used by observers to transmit data is fully functional and operational.
    (iv) Vessel position. Allow observers access to, and the use of, the 
vessel's navigation equipment and personnel, on request, to determine 
the vessel's position.
    (v) Access. Allow observers free and unobstructed access to the 
vessel's bridge, trawl or working decks, holding bins, processing areas, 
freezer spaces, weight scales, cargo holds, and any other space that may 
be used to hold, process, weigh, or store fish or fish products at any 
time.
    (vi) Prior notification. Notify observers at least 15 minutes before 
fish are brought on board, or fish and fish products are transferred 
from the vessel, to allow sampling the catch or observing the transfer, 
unless the observers specifically request not to be notified.
    (vii) Document access. Allow observers to inspect and copy the 
vessel's DFL, DCPL, product transfer forms, any other logbook or 
document required by regulations, printouts or tallies of scale weights, 
scale calibration records, bin sensor readouts, and production records.
    (viii) Assistance. Provide all other reasonable assistance to enable 
observers to carry out their duties, including, but not limited to:
    (A) Measuring decks, codends, and holding bins.
    (B) Providing the observers with a safe work area adjacent to the 
sample collection site.
    (C) Providing crab observers with the necessary equipment to conduct 
sampling, such as scales, fish totes, and baskets.
    (D) Collecting bycatch when requested by the observers.
    (E) Collecting and carrying baskets of fish when requested by 
observers.
    (F) Allowing observers to determine the sex of fish when this 
procedure will not decrease the value of a significant portion of the 
catch.
    (ix) Embarking or debarking observer. Move the vessel to such places 
and at such times as may be designated by the contractor, as instructed 
by the Regional Director, for purposes of embarking and debarking 
observers.
    (x) Transfer at sea. (A) Ensure that transfers of observers at sea 
via small boat or raft are carried out during daylight hours, under safe 
conditions, and with the agreement of observers involved.
    (B) Notify observers at least 3 hours before observers are 
transferred, such that the observers can collect personal belongings, 
equipment, and scientific samples.
    (C) Provide a safe pilot ladder and conduct the transfer to ensure 
the safety of observers during transfers.
    (D) Provide an experienced crew member to assist observers in the 
small boat or raft in which any transfer is made.
    (2) Shoreside processor responsibilities. A manager of a shoreside 
processor must:

[[Page 444]]

    (i) Safe conditions. Maintain safe conditions at the shoreside 
processor for the protection of observers by adhering to all applicable 
rules, regulations, or statutes pertaining to safe operation and 
maintenance of the processing facility.
    (ii) Operations information. Notify observers, as requested, of the 
planned facility operations and expected receipt of groundfish, crab, or 
halibut prior to receipt of those fish.
    (iii) Transmission of data. Facilitate transmission of observer data 
by:
    (A) Allowing observers to use the shoreside processor's 
communication equipment and personnel, on request, for the entry, 
transmission, and receipt of work-related messages, at no cost to the 
observers, the State of Alaska, or the United States;
    (B) Ensuring that each shoreside processor that is required to have 
100-percent observer coverage under Sec. 679.51 and that receives 
pollock harvested in the CVOA, during the second pollock season that 
starts on August 15, under Sec. 679.23, makes available to the observer 
the following equipment or equipment compatible therewith: A personal 
computer with a minimum of a 486 processing chip with at least a 9600-
baud modem and a telephone line. The personal computer must be equipped 
with a mouse, Windows version 3.1, or a program having the ability to 
operate the NMFS-supplied data entry software program, 10 megabytes free 
hard disk storage, 8 megabytes RAM, and with data entry software 
provided by the Regional Director for use by the observers.
    (C) Ensuring that the communication equipment that is in the 
shoreside processor as specified in paragraph (e)(3)(ii) of this section 
and that is used by observers to transmit data is fully functional and 
operational.
    (iv) Access. Allow observers free and unobstructed access to the 
shoreside processor's holding bins, processing areas, freezer spaces, 
weight scales, warehouses, and any other space that may be used to hold, 
process, weigh, or store fish or fish products at any time.
    (v) Document access. Allow observers to inspect and copy the 
shoreside processor's DCPL, product transfer forms, any other logbook or 
document required by regulations; printouts or tallies of scale weights; 
scale calibration records; bin sensor readouts; and production records.
    (vi) Assistance. Provide all other reasonable assistance to enable 
the observer to carry out his or her duties, including, but not limited 
to:
    (A) Assisting the observer in moving and weighing totes of fish.
    (B) Cooperating with product recovery tests.
    (C) Providing a secure place to store baskets of sampling gear.
    (f) Notification of observer contractors by processors and operators 
of vessels required to carry observers. (1) Processors and operators of 
vessels required to carry observers under the Research Plan are 
responsible for meeting their observer coverage requirements. Processors 
and vessel operators must notify the appropriate observer contractor, as 
identified by NMFS, in writing or fax, at least 60 days prior to the 
need for an observer, to ensure that an observer will be available. 
Processors and vessel operators must notify the appropriate observer 
contractor again, in writing, fax, or by telephone, at least 10 days 
prior to the need for an observer, to make final arrangements for 
observer deployment.
    (2) If observer contractors are not notified within the time periods 
set out at paragraph (f)(1) of this section, the availability of an 
observer to meet observer coverage requirements will not be guaranteed.
    (3) Names of observer contractors, information for contacting 
contractors, and a list of embarkment/disembarkment ports for observers 
will be published in the Federal Register annually, prior to the 
beginning of the calendar year, pursuant to Sec. 679.53.
    (g) Release of observer data to the public--(1) Summary of weekly 
data. The following information collected by observers for each catcher 
processor and catcher vessel during any weekly reporting period may be 
made available to the public:
    (i) Vessel name and Federal permit number.
    (ii) Number of chinook salmon and ``other salmon'' observed.
    (iii) The ratio of total round weight of halibut or Pacific herring 
to the

[[Page 445]]

total round weight of groundfish in sampled catch.
    (iv) The ratio of number of king crab or C. bairdi Tanner crab to 
the total round weight of groundfish in sampled hauls.
    (v) The number of observed trawl hauls or fixed gear sets.
    (vi) The number of trawl hauls that were basket sampled.
    (vii) The total weight of basket samples taken from sampled trawl 
hauls.
    (2) Haul-specific data. (i) The information listed in paragraphs 
(g)(2)(i)(A) through (M) of this section and collected by observers from 
observed hauls on board vessels using trawl gear to participate in a 
directed fishery for groundfish other than rockfish, Greenland turbot, 
or Atka mackerel may be made available to the public:
    (A) Date.
    (B) Time of day gear is deployed.
    (C) Latitude and longitude at beginning of haul.
    (D) Bottom depth.
    (E) Fishing depth of trawl.
    (F) The ratio of the number of chinook salmon to the total round 
weight of groundfish.
    (G) The ratio of the number of other salmon to the total round 
weight of groundfish.
    (H) The ratio of total round weight of halibut to the total round 
weight of groundfish.
    (I) The ratio of total round weight of herring to the total round 
weight of groundfish.
    (J) The ratio of the number of king crab to the total round weight 
of groundfish.
    (K) The ratio of the number of C. bairdi Tanner crab to the total 
round weight of groundfish.
    (L) Sea surface temperature (where available).
    (M) Sea temperature at fishing depth of trawl (where available).
    (ii) The identity of the vessels from which the data in paragraph 
(g)(2)(i) of this section are collected will not be released.
    (3) Disclosure. In exceptional circumstances, the owners and 
operators of vessels may provide to the Regional Director written 
justification at the time observer data are submitted, or within a 
reasonable time thereafter, that disclosure of the information listed in 
paragraphs (g)(1) and (2) of this section could reasonably be expected 
to cause substantial competitive harm. The determination whether to 
disclose the information will be made pursuant to 15 CFR 4.7.
    (h) Vessel safety requirements. Any vessel that is required to carry 
observers under paragraph (a)(1) or (b)(1) of this section or 
Sec. 679.51(a) or (e) must have on board one of the following:
    (1) A valid Commercial Fishing Vessel Safety Decal issued within the 
past 2 years that certifies compliance with regulations found in 33 CFR 
Chapter I and 46 CFR Chapter III.
    (2) A certificate of compliance issued pursuant to 46 CFR 28.710.
    (3) A valid certificate of inspection pursuant to 46 U.S.C. 3311. 
NMFS will not station observers aboard vessels that do not meet this 
requirement.

[61 FR 31230, June 19, 1996, as amended at 61 FR 49981, Sept. 24, 1996]



Sec. 679.53  Annual Research Plan specifications.

    (a) Proposed Research Plan specifications. Annually, after 
consultation with the Council, and, in the case of observer coverage 
levels in the crab fisheries, the State of Alaska, NMFS will publish for 
public comment in the Federal Register:
    (1) Standard exvessel prices. Standard exvessel prices will be used 
in determining the annual fee percentage for the calendar year and will 
be the basis for calculating fee assessments. Standard exvessel prices 
for species harvested in Research Plan fisheries for each calendar year 
will be based on:
    (i) Exvessel price information by applicable season, area, gear, and 
processing sector for the most recent 12-month period for which data are 
available.
    (ii) Factors that are expected to change exvessel prices in the 
calendar year.
    (iii) Any other relevant information that may affect expected 
exvessel prices during the calendar year.
    (2) Total exvessel value. The total exvessel value of Research Plan 
fisheries will be calculated as the sum of the product of the standard 
exvessel prices established under paragraph

[[Page 446]]

(a)(1) of this section and projected retained catches, by species. The 
value of whole fish processed into meal product will not be included in 
this calculation.
    (3) Research Plan fee percentage. The Research Plan fee percentage 
for a calendar year will equal the lesser of 2 percent of the exvessel 
value of retained catch in the Research Plan fisheries or the fee 
percentage calculated using the following equation:

Fee percentage=[100 x (RRPC-FB-OF)/V]/(1-NPR)

Where:
    (i) RRPC is the projection of recoverable Research Plan costs for 
the coming year.
    (ii) FB is the projected end of the year balance of funds collected 
under the Research Plan.
    (iii) OF is the projection of other funding for the coming year.
    (iv) V is the projected exvessel value of retained catch in the 
Research Plan fisheries for the coming year.
    (v) NPR is the percent (expressed as a decimal) of fee assessments 
that are expected to result in nonpayment.
    (4) Observer coverage. For the period January 1, 1996, through 
December 31, 1996, observer coverage levels in Research Plan fisheries 
will be as required by Sec. 679.51. After December 31, 1996, the level 
of observer coverage will be determined annually by NMFS, after 
consultation with the Council and the State of Alaska, and may vary by 
fishery and vessel or processor size, depending upon the objectives to 
be met for the groundfish, halibut, and king and Tanner crab fisheries. 
The Regional Director may change observer coverage inseason pursuant to 
Sec. 679.52(d).
    (5) Embarkment/disembarkment ports. Ports to be used to embark and 
disembark observers will be selected on the basis of convenience to the 
affected industry and on the availability of facilities, transportation, 
and accommodations deemed by the Regional Director to be necessary for 
the safe and reasonable deployment of observers.
    (b) Final Research Plan specifications. NMFS will consider comments 
received on the proposed specifications and, following consultation with 
the Council, and with the State of Alaska, in the case of observer 
coverage in the crab fisheries, will publish the final total exvessel 
value; standard exvessel prices; fee percentage; levels of observer 
coverage for Research Plan fisheries, including names of observer 
contractors and information for contacting them; and embarkment/
disembarkment ports in the Federal Register annually, prior to the 
beginning of the calendar year.



Sec. 679.54  Compliance.

    The operator of any fishing vessel subject to this subpart, and the 
manager of any shoreside processor that receives groundfish, halibut, or 
king and Tanner crab from vessels subject to this subpart, must comply 
with the requirements of this subpart. The owner of any fishing vessel 
subject to this subpart, or any shoreside processor that received 
groundfish, halibut, or king and Tanner crab from vessels subject to 
this subpart, must ensure that the operator or manager complies with the 
requirements of this subpart and is liable, either individually or 
jointly and severally, for compliance with the requirements of this 
subpart.



                  Subpart F--Scallop Fishery Off Alaska

    Source: 61 FR 38104, July 23, 1996, unless otherwise noted.



Sec. 679.60  Gear and efficiency limits.

    (a) General. Scallops may be taken only with dive gear or scallop 
dredge gear as defined at Sec. 679.2.
    (b) The inside ring diameter on all dredges used or carried by a 
vessel fishing for weathervane scallops (Patinopectin caurinus) must be 
4 inches (10.16 cm) or larger.
    (c) The inside ring diameter on all dredges used or carried by a 
vessel fishing for scallops other than weathervane scallops must be 3 
inches (7.62 cm) or larger.
    (d) No person may use chafing gear or other devices that decrease 
the legal inside ring diameter of a scallop dredge.
    (e) Except as provided in paragraph (f) of this section, no more 
than two scallop dredges may be operated at one time from a vessel, and 
the opening of

[[Page 447]]

a scallop dredge must be equal to or less than 15 ft (4.57 m) wide.
    (f) In the Kamishak, Southern, and Central Districts of Scallop 
Registration Area H defined under Sec. 679.61, no more than one scallop 
dredge may be operated at one time from a vessel, and the opening of a 
dredge may not be more than 6 ft (1.83 m) in width.
    (g) Scallops must be shucked by hand only. A shucking machine must 
not be on board a vessel that is fishing for scallops or that has 
scallops on board.
    (h) No vessel fishing for scallops in Federal waters may have aboard 
more than 12 persons, exclusive of ADF&G or NMFS observers.



Sec. 679.61  Registration areas.

    For the purpose of managing the scallop fishery, the Federal waters 
off Alaska and adjacent State waters are divided into nine scallop 
registration areas. Three scallop registration areas are further 
subdivided into districts. The scallop registration areas and districts 
are defined as follows:
    (a) Registration Area A (Southeastern) has as its southern boundary 
the international boundary at Dixon Entrance, and as its northern 
boundary Loran-C line 7960-Y-29590, which intersects the western tip of 
Cape Fairweather at 58 deg.47'58'' N. lat., 137 deg.56'30'' W. long., 
except for ADF&G District 16 defined under paragraph (b) of this 
section.
    (b) Registration Area D (Yakutat) has as its western boundary the 
longitude of Cape Suckling (143 deg.53' W. long.), and as its southern 
boundary Loran-C line 7960-Y-29590, which intersects the western tip of 
Cape Fairweather at 58 deg.47'58'' N. lat., 137 deg.56'30'' W. long., 
and ADF&G District 16 defined as all waters all waters north of a line 
projecting west from the southernmost tip of Cape Spencer and south of a 
line projecting southwest from the westernmost tip of Cape Fairweather.
    (c) Registration Area E (Prince William Sound) has as its western 
boundary the longitude of Cape Fairfield (148 deg.50' W. long.), and its 
eastern boundary the longitude of Cape Suckling (143 deg.53' W. long.).
    (d) Registration Area H (Cook Inlet) has as its eastern boundary the 
longitude of Cape Fairfield (148 deg.50' W. long.) and its southern 
boundary the latitude of Cape Douglas (58 deg.52' N. lat.).
    (1) Northern District. North of a line extending from Boulder Point 
at 60 deg.46'23'' N. lat., to Shell Platform C, then to a point on the 
west shore at 60 deg.46'23'' N. lat.
    (2) Central District. All waters between a line extending from 
Boulder Point at 60 deg.46'23'' N. lat., to Shell Platform C, to a point 
on the west shore at 60 deg.46'23'' N. lat., and the latitude of Anchor 
Point Light (59 deg.46'12'' N. lat.).
    (3) Southern District. All waters enclosed by a line from Anchor 
Point Light west to 59 deg.46'12'' N. lat., 152 deg.20' W. long., then 
south to 59 deg.03'25'' N. lat., 152 deg.20' W. long., then in a 
northeasterly direction to the tip of Cape Elizabeth at 59 deg.09'30'' 
N. lat., 151 deg.53' W. long., then from the tip of Cape Elizabeth to 
the tip of Point Adam at 59 deg.15'20'' N. lat., 151 deg.58'30'' W. 
long.
    (4) Kamishak Bay District. All waters enclosed by a line from 
59 deg.46'12'' N. lat., 153 deg.00'30'' W. long., then east to 
59 deg.46'12'' N. lat., 152 deg.20' W. long., then south to 
59 deg.03'25'' N. lat., 152 deg.20' W. long., then southwesterly to Cape 
Douglas (58 deg.52' N. lat.). The seaward boundary of the Kamishak Bay 
District is 3 nautical miles seaward from the shoreline between a point 
on the west shore of Cook Inlet at 59 deg.46'12'' N. lat., 
153 deg.00'30'' W. long., and Cape Douglas at 58 deg.52' N. lat., 
153 deg.15' W. long., including a line three nautical miles seaward from 
the shorelines of Augustine Island and Shaw Island, and including the 
line demarking all state waters shown on NOAA chart 16640, 21st Ed., May 
5, 1990 (Available from Alaska Region).
    (5) Barren Island District. All waters enclosed by a line from Cape 
Douglas (58 deg.52' N. lat.) to the tip of Cape Elizabeth at 
59 deg.09'30'' N. lat., 151 deg.53' W. long., then south to 58 deg.52' 
N. lat., 151 deg.53' W. long., then west to Cape Douglas.
    (6) Outer District. All waters enclosed by a line from the tip of 
Point Adam to the tip of Cape Elizabeth, then south to 58 deg.52' N. 
lat., 151 deg.53' W. long., then east to the longitude of Aligo Point 
(149 deg.44'33'' W. long.), then north to the tip of Aligo Point.
    (7) Eastern District. All waters east of the longitude of Aligo 
Point (149 deg.44'33'' W. long.), west of the longitude of Cape

[[Page 448]]

Fairfield (148 deg.50' W. long.), and north of 58 deg.52' N. lat.
    (e) Registration Area K (Kodiak) has as its northern boundary the 
latitude of Cape Douglas (58 deg.52' N lat.), and as its western 
boundary the longitude of Cape Kumlik (157 deg.27' W. long.).
    (1) Northeast District. All waters northeast of a line extending 
168 deg. from the easternmost tip of Cape Barnabas, east of a line from 
the northernmost tip of Inner Point to the southernmost tip of Afognak 
Point, east of 152 deg.30' W. long. in Shuyak Strait, and east of the 
longitude of the northernmost tip of Shuyak Island (152 deg.20' W. 
long.).
    (2) Southeast District. All waters southwest of a line extending 
168 deg. from the easternmost tip of Cape Barnabas and east of a line 
extending 222 deg. from the southernmost tip of Cape Trinity.
    (3) Southwest District. All waters west of a line extending 222 deg. 
from the southernmost tip of Cape Trinity, south of a line from the 
westernmost tip of Cape Ikolik to the southernmost tip of Cape Kilokak 
and east of the longitude of Cape Kilokak (156 deg.19' W. long.).
    (4) Semidi Island District. All waters west of the longitude of Cape 
Kilokak at 156 deg.19' W. long. and east of the longitude of Cape Kumlik 
at 157 deg.27' W. long.
    (5) Shelikof District. All waters north of a line from the 
westernmost tip of Cape Ikolik to the southernmost tip of Cape Kilokak, 
west of a line from the northernmost tip of Inner Point to the 
southernmost tip of Afognak Point, west of 152 deg.30' W. long., in 
Shuyak Strait, and west of the longitude of the northernmost tip of 
Shuyak Island (152 deg.20' W. long.).
    (f) Registration Area M (Alaska Peninsula) has as its eastern 
boundary the longitude of Cape Kumlik (157 deg.27' W. long.), and its 
western boundary the longitude of Scotch Cap Light. The registration 
area also includes all waters of Bechevin Bay and Isanotski Strait south 
of a line from the easternmost tip of Chunak Point to the westernmost 
tip of Cape Krenitzen.
    (g) Registration Area O (Dutch Harbor) has as its northern boundary 
the latitude of Cape Sarichef (54 deg.36' N. lat.), as its eastern 
boundary the longitude of Scotch Cap Light, and as its western boundary 
171 deg. W. long., excluding the waters of Statistical Area Q.
    (h) Registration Area Q (Bering Sea) has as its southern boundary a 
line from Cape Sarichef (54 deg.36' N. lat.), to 54 deg.36' N. lat., 
171 deg. W. long., to 55 deg.30' N. lat., 171 deg. W. long., to 
55 deg.30' N. lat., 173 deg.30' E. long., as its northern boundary the 
latitude of Point Hope (68 deg.21' N. lat.).
    (i) Registration Area R (Adak) has as its eastern boundary 171 deg. 
W. long., and as its northern boundary 55 deg.30' N. lat.



Sec. 679.62  General limitations.

    (a) Harvest limits--(1) General. NMFS will establish TAC amounts and 
CBLs for the scallop fishery off Alaska according to the procedures 
described under this section. The total annual TAC amount for scallops 
off Alaska will be established within the OY range of 0 to 1.8 million 
lb (0 to 815.5 mt) of shucked scallop meat.
    (2) TACs. (i) The annual TACs for scallops in each Registration Area 
or part thereof will be established as a weight in pounds of shucked 
scallop meat based on a review of the following:
    (A) Assessments of the biological condition of each scallop species. 
Assessments will include, where practicable, updated estimates of MSY; 
historical catch trends and current catch statistics, reviews of 
alternative harvesting strategies; and relevant information relating to 
changes in scallop markets.
    (B) Socioeconomic considerations that are consistent with the goals 
and objectives of the FMP.
    (ii) Annual scallop TACs will be specified for the 12-month time 
period extending from July 1 through June 30 of the following year. An 
annual TAC amount is available for harvest only for the registration 
area or district specified, only during the applicable season set out in 
Sec. 679.64, and only if no closure or other restriction or limitation 
is applicable.
    (3) CBLs. (i) CBLs may be specified for red king crab and Tanner 
crab species for any registration area or district.
    (ii) Except as provided under paragraph (a)(3)(iii) of this section, 
annual CBLs will be based on the biological

[[Page 449]]

condition of each crab species, historical bycatch rates in the scallop 
fishery, and other socioeconomic considerations that are consistent with 
the goals and objectives of the FMP.
    (iii) Annual CBLs in Registration Area Q will equal the following 
amounts:
    (A) The CBL for red king crab caught while conducting any fishery 
for scallops will be specified within the range of 500 to 3,000 crab 
based on the considerations listed in paragraph (a)(3)(ii) of this 
section.
    (B) The CBL for Chionoecetes opilio Tanner crab caught while 
conducting any fishery for scallops is 0.003176 percent of the best 
available estimate of C. opilio abundance in Registration Area Q.
    (C) The CBL for C. bairdi Tanner crab caught while conducting any 
fishery for scallops is 0.13542 percent of the best available estimate 
of C. bairdi abundance in Registration Area Q.
    (iv) Annual CBLs will be specified for the 12-month time period from 
July 1 through June 30 of the following year. An annual CBL may be 
utilized only for the registration area or district specified, only if 
any applicable TAC amount is available for harvest, only during the 
applicable season set out in Sec. 679.64, and only if no closure or 
other limitation or restriction is applicable.
    (b) Specifications. The following procedure is established for 
specifying TAC amounts and CBLs:
    (1) On an annual basis, prior to the April Council meeting, the 
Council will distribute a summary of the State's most recent TAC and CBL 
recommendations and supporting documentation to the public through its 
mailing list, as well as provide copies of the recommendations, 
documentation, and the annual SAFE report to the public upon request. 
The Council will notify the public of its intent to develop final 
recommendations at the April Council meeting and solicit public comment 
both before and during the April Council meeting.
    (2) Following the April Council meeting, the Council will submit its 
TAC and CBL recommendations along with rationale and supporting 
information to NMFS for review and implementation.
    (3) As soon as practicable after receiving recommendations from the 
Council, NMFS will publish in the Federal Register annual specifications 
of TAC amounts and CBLs for the succeeding 12-month period extending 
from July 1 through June 30 of the following year.
    (c) Closures. (1) If the Director, Alaska Region, NMFS, determines 
that a TAC or CBL specified under paragraphs (a) and (b) of this section 
has been or will be reached, NMFS will publish notification in the 
Federal Register prohibiting the taking and retention of scallops in the 
Federal waters of the registration area or district where the 
notification is applicable.
    (2) It is unlawful for any person to conduct any fishing for 
scallops contrary to the notification of closure issued pursuant to this 
paragraph.
    (d) Closed areas. It is unlawful for any person to dredge for 
scallops in any Federal waters off Alaska that are closed to fishing 
with trawl gear or non pelagic trawl gear under Sec. 679.22(a)(1)(i), 
(a)(2)(i), (a)(4), (a)(6), (a)(7) and (b).



Sec. 679.63   Inseason adjustments.

    (a) Inseason adjustments may be issued by NMFS to implement the 
closure, extension, opening, or reopening of a season in all or part of 
a scallop registration area; and the adjustment of TAC amounts or CBLs.
    (b) Determinations for any inseason adjustment authorized under 
paragraph (a) of this section must be consistent with Sec. 679.25(a)(2).
    (c) Procedures for making inseason adjustments are specified at 
Sec. 679.25(c).
    (d) It is unlawful for any person to conduct any fishing for 
scallops contrary to an inseason adjustment issued pursuant to this 
section.



Sec. 679.64   Seasons.

    (a) Fishing for scallops in the Federal waters off Alaska is 
authorized from 0001 hours, A.l.t., July 1, through 2400 hours, A.l.t., 
June 30, subject to the other provisions of this part, except as 
provided in paragraphs (b) through (e) of this section.
    (b) Fishing for scallops in the Federal waters of Scallop 
Registration Areas K, M, O, Q, and R is authorized from 1200 hours, 
A.l.t., July 1 through 1200 hours,

[[Page 450]]

A.l.t., February 15 of the following year, subject to the other 
provisions of this part.
    (c) Fishing for scallops in the Federal waters of the Kamishak 
District of Scallop Registration Area H is authorized from 1200 hours, 
A.l.t., August 15 through 1200 hours, A.l.t., October 31, subject to the 
other provisions of this part.
    (d) (Applicable January 1, 1997) Fishing for scallops in the Federal 
waters of Scallop Registration Areas A, D, and E is authorized from 1200 
hours, A.l.t., January 10 through 2400 hours, A.l.t., June 30, subject 
to the other provisions of this part.
    (e) (Applicable through December 31, 1996) Fishing for scallops in 
the Federal waters of Scallop Registration Area D is authorized from 
1200 hours, A.l.t., August 1 through 2400 hours, A.l.t., December 31, 
subject to the other provisions of this part. Fishing for scallops in 
the Federal waters of Scallop Registration Areas A and E is not 
authorized.



Sec. 679.65   Observer requirements.

    (a) Except as provided in paragraph (c) of this section, vessels 
must carry a NMFS-certified or ADF&G-certified scallop observer at all 
times while fishing for scallops in Federal waters.
    (b) An operator of a vessel required to carry an observer must 
comply with all safety and conduct requirements set out at 
Sec. 679.7(g).
    (c) Vessels less than 80 ft (24.4 m) LOA are exempt from the 
requirements of this section while fishing for scallops in the Federal 
waters of Registration Area H.

[[Page 451]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.000



       Figure 1 to Part 679--BSAI Statistical and Reporting Areas
                                 a. Map

[[Page 452]]

       Figure 1 to Part 679--BSAI Statistical and Reporting Areas
                    b. Coordinates of Reporting Areas

------------------------------------------------------------------------
         Code                             Description                   
------------------------------------------------------------------------
300..................  Russian waters. Those waters inside the Russian  
                        200 mile limit as described in the current      
                        editions of NOAA chart INT 813 Bering Sea       
                        (Southern Part) and NOAA chart INT 814 Bering   
                        Sea (Northern Part).                            
400..................  Chukchi Sea. North of a diagonal line between 66 
                        deg.00' N, 169 deg.42.5' W (Cape Dezhneva,      
                        Russia); and 65 deg.37.5' N, 168 deg.7.5' W     
                        (Cape Prince of Wales, Alaska) and to the limits
                        of the U.S. EEZ as described in the current     
                        edition of NOAA chart INT 814 Bering Sea        
                        (Northern Part).                                
508..................  South of 58 deg.00' N between the intersection of
                        58 deg.00' N lat with the Alaska Peninsula and  
                        160 deg.00' W long.                             
509..................  South of 58 deg.00' N lat between 163 deg.00' W  
                        long and 165 deg.00' W long.                    
512..................  South of 58 deg.00' N lat, north of the Alaska   
                        Peninsula between 160 deg.00' W long and 162    
                        deg.00' W long.                                 
513..................  Between 58 deg.00' N lat and 56 deg.30' N lat,   
                        and between 165 deg.00' W long and 170 deg.00' W
                        long.                                           
514..................  North of 58 deg.00' N to the southern boundary of
                        the Chukchi Sea, area 400, and east of 170      
                        deg.00' W long.                                 
516..................  South of 58 deg.00' N lat, north of the Alaska   
                        Peninsula, and between 162 deg.00' and 163      
                        deg.00' W long.                                 
517..................  South of 56 deg.30' N lat, between 165 deg.00' W 
                        long and 170 deg.00' W long; and north of       
                        straight lines between                          
                           54 deg.30' N lat, 165 deg.00' W long,        
                           54 deg.30' N lat, 167 deg.00' W long, and    
                           55 deg.46' N lat, 170 deg.00' W long.        
518..................  Bogoslof District: South of a straight line      
                        between 55 deg.46' N lat, 170 deg.00' W long and
                        54 deg.30' N lat, 167 deg.00' W long, and       
                        between 167 deg.00' W long and 170 deg.00' W    
                        long, and north of the Aleutian Islands and     
                        straight lines between the islands connecting   
                        the following coordinates in the order listed:  
                           52 deg.49.2' N, 169 deg.40.4' W,             
                           52 deg.49.8' N, 169 deg.06.3' W,             
                           53 deg.23.8' N, 167 deg.50.1' W,             
                           53 deg.18.7' N, 167 deg.51.4' W.             
519..................  South of a straight line between 54 deg.30' N    
                        lat, 167 deg.00' W long and 54 deg.30' N lat,   
                        164 deg.54' W long; east of 167 deg.00' W long; 
                        west of Unimak Island; and north of the Aleutian
                        Islands and straight lines between the islands  
                        connecting the following coordinates in the     
                        order listed:                                   
                           53 deg.59.0' N, 166 deg.17.2' W,             
                           54 deg.02.9' N, 166 deg.03.0' W,             
                           54 deg.07.7' N, 165 deg.40.6' W,             
                           54 deg.08.9' N, 165 deg.38.8' W,             
                           54 deg.11.9' N, 165 deg.23.3' W,             
                           54 deg.23.9' N, 164 deg.44.0' W.             
521..................  The area bounded by straight lines connecting the
                        following coordinates in the order listed:      
                           55 deg.46' N, 170 deg.00' W,                 
                           59 deg.25' N, 179 deg.20' W,                 
                           60 deg.00' N, 179 deg.20' W,                 
                           60 deg.00' N, 171 deg.00' W,                 
                           58 deg.00' N, 171 deg.00' W,                 
                           58 deg.00' N, 170 deg.00' W,                 
                           55 deg.46' N, 170 deg.00' W.                 
523..................  The area bounded by straight lines connecting the
                        following coordinates in the order listed:      
                           59 deg.25' N, 179 deg.20' W;                 
                           55 deg.46' N, 170 deg.00' W;                 
                           55 deg.00' N, 170 deg.00' W;                 
                           55 deg.00' N, 180 deg.00' W;                 
                       and north to the limits of the US EEZ as         
                        described in the current edition of NOAA chart  
                        INT 813 Bering Sea (Southern Part).             
524..................  The area west of 170 deg.00' W bounded south by  
                        straight lines connecting the following         
                        coordinates in the order listed:                
                           58 deg.00' N, 170 deg.00' W                  
                           58 deg.00' N, 171 deg.00' W;                 
                           60 deg.00' N, 171 deg.00' W;                 
                           60 deg.00' N, 179 deg.20' W;                 
                           59 deg.25' N, 179 deg.20' W                  
                       and to the limits of the US EEZ as described in  
                        the current edition of NOAA chart INT 813 Bering
                        Sea (Southern Part).                            
530..................  The area north of 55 deg.00' N lat and west of   
                        180 deg.00' W long to the limits of the US EEZ  
                        as described in the current edition of NOAA     
                        chart INT 813 Bering Sea (Southern Part).       
541..................  Eastern Aleutian District. The area south of 55  
                        deg.00' N lat, west of 170 deg.00' W long, and  
                        east of 177 deg.00' W long and bounded on the   
                        south by the limits of the US EEZ as described  
                        in the current editions of NOAA chart INT 813   
                        Bering Sea (Southern Part) and NOAA chart 530   
                        (San Diego to Aleutian Islands and Hawaiian     
                        Islands).                                       
542..................  Central Aleutian District. The area south of 55  
                        deg.00' N lat, west of 177 deg.00' W long, and  
                        east of 177 deg.00' E long and bounded on the   
                        south by the limits of the US EEZ as described  
                        in the current editions of NOAA chart INT 813   
                        Bering Sea (Southern Part) and NOAA chart 530   
                        (San Diego to Aleutian Islands and Hawaiian     
                        Islands).                                       
543..................  Western Aleutian District. The area south of 55  
                        deg.00' N lat and west of 177 deg.00' E long,   
                        and bounded on the south and west by the limits 
                        of the US EEZ as described in the current       
                        editions of NOAA chart INT 813 Bering Sea       
                        (Southern Part) and NOAA chart 530 (San Diego to
                        Aleutian Islands and Hawaiian Islands).         
550..................  Donut Hole. International waters of the Bering   
                        Sea outside the limits of the EEZ and Russian   
                        economic zone as depicted on the current edition
                        of NOAA chart INT 813 Bering Sea (Southern      
                        Part).                                          
------------------------------------------------------------------------
Statistical Area. A statistical area is the part of a reporting area    
  contained in the EEZ.                                                 


[[Page 453]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.001


       Figure 2 to Part 679--BSAI Catcher Vessel Operational Area

[[Page 454]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.002



  Figure 3 to Part 679--Gulf of Alaska Statistical and Reporting Areas
      
                                 a. Map
      

[[Page 455]]

  Figure 3b to Part 679--Gulf of Alaska Statistical and Reporting Areas
                    b. Coordinates of Reporting Areas

------------------------------------------------------------------------
         Code                             Description                   
------------------------------------------------------------------------
610..................  Western Regulatory Area, Shumagin District. Along
                        the south side of the Aleutian Islands and      
                        straight lines between the islands and the      
                        Alaska Peninsula connecting the following       
                        coordinates in the order listed:                
                           52 deg. 49.2' N, 169 deg. 40.4' W;           
                           52 deg. 49.8' N, 169 deg. 06.3' W;           
                           53 deg. 23.8' N, 167 deg. 50.1' W;           
                           53 deg. 18.7' N, 167 deg. 51.4' W;           
                           53 deg. 59.0' N, 166 deg. 17.2' W;           
                           54 deg. 02.9' N, 166 deg. 03.0' W;           
                           54 deg. 07.7' N, 165 deg. 40.6' W;           
                           54 deg. 0.89' N, 165 deg. 38.8' W;           
                           54 deg. 11.9' N, 165 deg. 23.3' W;           
                           54 deg. 23.9' N, 164 deg. 44.0' W; and       
                        southward to the                                
                       limits of the US EEZ as described in the current 
                        editions of NOAA chart INT 813 (Bering Sea,     
                        Southern Part) and NOAA chart 500 (West Coast of
                        North America, Dixon Entrance to Unimak Pass),  
                        between 170 deg. 00' W long and 159 deg. 00' W  
                        long.                                           
620..................  Central Regulatory Area, Chirikof District. Along
                        the south side of the Alaska Peninsula, between 
                        159 deg. 00' W long and 154 deg. 00' W long, and
                        southward to the limits of the US EEZ as        
                        described in the current edition of NOAA chart  
                        500 (West Coast of North America, Dixon Entrance
                        to Unimak Pass).                                
630..................  Central Regulatory Area, Kodiak District. Along  
                        the south side of continental Alaska, between   
                        154 deg. 00' W long and 147 deg. 00' W long, and
                        southward to the limits of the US EEZ as        
                        described in the current edition of NOAA chart  
                        500 (West Coast of North America, Dixon Entrance
                        to Unimak Pass). Excluding area 649.            
640..................  Eastern Regulatory Area, West Yakutat District.  
                        Along the south side of continental Alaska,     
                        between 147 deg. 00' W long and 140 deg. 00' W  
                        long, and southward to the limits of the US EEZ,
                        as described in the current edition of NOAA     
                        chart 500 (West Coast of North America, Dixon   
                        Entrance to Unimak Pass). Excluding area 649.   
649..................  Prince William Sound. Includes those waters of   
                        the State of Alaska inside the base line as     
                        specified in Alaska State regulations at 5 AAC  
                        28.200.                                         
650..................  Eastern Regulatory Area, Southeast Outside       
                        District. East of 140 deg. 00' W long and       
                        southward to the limits of the US EEZ as        
                        described in the current edition of NOAA chart  
                        500 (West Coast of North America, Dixon Entrance
                        to Unimak Pass). Excluding area 659.            
659..................  Southeast Inside District. As specified in Alaska
                        State regulations at 5 AAC 28.105(a)(1) and (2).
690..................  Gulf of Alaska outside the U.S. EEZ as described 
                        in the current editions of NOAA chart INT 813   
                        (Bering Sea, Southern Part) and NOAA chart 500  
                        (West Coast of North America, Dixon Entrance to 
                        Unimak Pass).                                   
------------------------------------------------------------------------
Statistical Area. A statistical area is the part of a reporting area    
  contained in the EEZ.                                                 


[[Page 456]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.003

         Figure 4 to Part 679--Herring Savings Areas in the BSAI
                                 a. Map

[61 FR 31230, June 19, 1996; 61 FR 40481, Aug. 2, 1996]

[[Page 457]]



                             Figure 4 to Part 679--Herring Savings Areas in the BSAI                            
                                                                                                                
                                                                                                                


                                                 b. Coordinates                                                 
                                                                                                                
                                                                                                                


----------------------------------------------------------------------------------------------------------------
                    Name                                        Description and effective date                  
----------------------------------------------------------------------------------------------------------------
Summer Herring Savings Area 1...............  That part of the Bering Sea subarea that is south of 57 deg. N.   
                                               lat and between 162 deg. and 164 deg. W. long from 1200 hours,   
                                               A.l.t., June 15 through 1200 hours, A.l.t. July 1 of a fishing   
                                               year.                                                            
Summer Herring Savings Area 2...............  That part of the Bering Sea subarea that is south of 56 deg. 30'  
                                               N. lat and between 164 deg. and 167 deg. W. long from 1200 hours,
                                               A.l.t., July 1 through 1200 hours, A.l.t. August 15 of a fishing 
                                               year.                                                            
Winter Herring Savings Area.................  That part of the Bering Sea subarea that is between 58 deg. and 60
                                               deg. N. lat and between 172 deg. and 175 deg. W. long from 1200  
                                               hours, A.l.t. September 1 of the current fishing year through    
                                               1200 hours, A.l.t. March 1 of the succeeding fishing year.       
----------------------------------------------------------------------------------------------------------------


[[Page 458]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.004

  Figure 5 to part 679--Kodiak Island Areas Closed to Nonpelagic Trawl 
                                  Gear
                                 a. Map

[[Page 459]]

  Figure 5 to Part 679--Kodiak Island Areas Closed to Nonpelagic Trawl 
                                  Gear
                             b. Coordinates

------------------------------------------------------------------------
   Name and description of     North latitude/West                      
       reference area               longitude          Reference point  
------------------------------------------------------------------------
Alitak Flats and Towers Areas--All waters of Alitak flats and the Towers
 Areas enclosed by a line connecting the following 7 points in the order
                                 listed:                                
                                                                        
a...........................  56 deg.59'4''    154  Low Cape.           
                                31'1''                                  
b...........................  57 deg.00'0''    155  ....................
                                00'0''                                  
c...........................  56 deg.17'0''    155  ....................
                                00'0'                                   
d...........................  56 deg.17'0''    153  ....................
                                52'0''                                  
e...........................  56 deg.33'5''    153  Cape Sitkinak.      
                                52'0''                                  
f...........................  56 deg.54'5''    153  East point of       
                                32'5''               Twoheaded Island.  
g...........................  56 deg.56'0''    153  Kodiak Island,      
                                35'5''               thence, along the  
                                                     coastline.         
a...........................  56 deg.59'4''    154  Low Cape.           
                                31'1''                                  
                                                                        
     Marmot Flats Area--All waters enclosed by a line connecting the    
          following five points in the clockwise order listed:          
                                                                        
a...........................  58 deg.00'0''    152  ....................
                                30'0''                                  
b...........................  58 deg.00'0''    151  ....................
                                47'0''                                  
c...........................  57 deg.37'0''    151  ....................
                                47'0''                                  
d...........................  57 deg.37'0''    152  Cape Chiniak, then  
                                10'1''               along the coastline
                                                     of Kodiak Island to
                                                     North Cape.        
e...........................  57 deg.54'5''    152  ....................
                                30'0''                                  
a...........................  58 deg.00'0''    152                      
                                30'0''                                  
                                                                        
Chirikof Island Area--All waters surrounding Chirikof Island enclosed by
  a line connecting the following four points in the counter-clockwise  
                              order listed:                             
                                                                        
a...........................  56 deg.07'0''    155  ....................
                                13'0''                                  
b...........................  56 deg.07'0''    156  ....................
                                00'0''                                  
c...........................  55 deg.41'0''    156  ....................
                                00'0''                                  
d...........................  55 deg.41'0''    155  ....................
                                13'0''                                  
a...........................  56 deg.07'0''    155                      
                                13'0''                                  
                                                                        
  Barnabas Area--All waters enclosed by a line connecting the following 
  six points in the counter clockwise order listed a57 deg. 00' 0'' 153 
                        deg. 18' 0'' Black Point                        
                                                                        
b...........................  56 deg.56'0''    153  ....................
                                09'0''                                  
c...........................  57 deg.22'0''    152  South Tip of Ugak   
                                18'5''               Island.            
d...........................  57 deg.23'5''    152  North Tip of Ugak   
                                17'5''               Island.            
e...........................  57 deg.25'3''    152  Narrow Cape, thence,
                                20'0''               along the coastline
                                                     of Kodiak Island.  
f...........................  57 deg.04'2''    153  Cape Kasick to Black
                                30'0''               Point, including   
                                                     inshore waters.    
a...........................  57 deg.00'0''    153                      
                                18'0''                                  
------------------------------------------------------------------------


[[Page 460]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.005


            Figure 6 to Part 679--Length Overall of a Vessel

[[Page 461]]

[GRAPHIC] [TIFF OMITTED] TR19JN96.006



 Figure 7 to Part 679--Location of trawl gear test areas in the GOA and 
                                the BSAI

[[Page 462]]


                   Table 1 to Part 679--Product Codes                   
------------------------------------------------------------------------
  Fish product code                       Description                   
------------------------------------------------------------------------
1....................  Whole fish/food fish.                            
2....................  Whole fish/bait. Processed for bait.             
3....................  Bled only. Throat, or isthmus, slit to allow     
                        blood to drain.                                 
4....................  Gutted only. Belly slit and viscera removed.     
6....................  Head and gutted, with roe.                       
7....................  Headed and gutted, Western cut. Head removed just
                        in front of the collarbone, and viscera removed.
8....................  Headed and gutted, Eastern cut. Head removed just
                        behind the collarbone, and viscera removed.     
10...................  Headed and gutted, tail removed. Head removed    
                        usually in front of collar bone, and viscera and
                        tail removed.                                   
11...................  Kirimi. Head removed either in front or behind   
                        the collarbone, viscera removed, and tail       
                        removed by cuts perpendicular to the spine,     
                        resulting in a steak.                           
12...................  Salted and split. Head removed, belly slit,      
                        viscera removed, fillets cut from head to tail  
                        but remaining attached near tail. Product       
                        salted.                                         
13...................  Wings. On skates, side finds are cut off next to 
                        body.                                           
14...................  Roe. Eggs, either loose or in sacs, or skeins.   
15...................  Pectoral girdle. Collar bone and associated      
                        bones, cartilage and flesh.                     
16...................  Heads. Heads only, regardless where severed from 
                        body.                                           
17...................  Cheeks. Muscles on sides of head.                
18...................  Chins. Lower jaw (mandible), muscles, and flesh. 
19...................  Belly. Flesh in region of pelvic and pectoral    
                        fins and behind head.                           
20...................  Fillets with skin and ribs. Meat and skin with   
                        ribs attached, from sides of body behind head   
                        and in front of tail.                           
21...................  Fillets with skin, no ribs. Meat and skin with   
                        ribs removed, from sides of body behind head and
                        in front of tail.                               
22...................  Fillets with ribs and no skin. Meat with ribs    
                        with skin removed, from sides of body behind    
                        head and in front of tail.                      
23...................  Fillets, skinless/boneless. Meat with both skin  
                        and ribs removed, from sides of body behind head
                        and in front of tail.                           
24...................  Deep-skin fillet. Meat with skin, adjacent meat  
                        with silver lining, and ribs removed from sides 
                        of body behind head and in front of tail,       
                        resulting in thin fillets.                      
30...................  Surimi. Paste from fish flesh and additives.     
31...................  Minced. Ground flesh.                            
32...................  Fish meal. Meal from fish and fish parts,        
                        including bone meal.                            
33...................  Fish oil. Rendered oil.                          
34...................  Milt. (in sacs, or testes).                      
35...................  Stomachs. Includes all internal organs.          
36...................  Octopus/squid mantles. Flesh after removal of    
                        viscera and arms.                               
37...................  Butterfly, no backbone. Head removed, belly slit,
                        viscera and most of backbone removed; fillets   
                        attached.                                       
39...................  Bones (if meal, report as 32).                   
86...................  Donated Salmon. Includes salmon retained and     
                        donated under Salmon Donation Program.          
97...................  Other retained product                           
------------------------------------------------------------------------
                          DISCARD PRODUCT CODES                         
------------------------------------------------------------------------
92...................  Discard, bait. Whole fish used as bait on board  
                        vessel.                                         
94...................  Discard, consumption. Fish or fish products eaten
                        on board or taken off the vessel for personal   
                        use.                                            
96...................  Previously discarded fish (decomposed) taken with
                        trawl gear in current fishing efforts.          
                        Discarded.                                      
98...................  Discard, at sea. Whole groundfish and prohibited 
                        species discarded by catcher vessels, Catcher/  
                        Processors, Motherships, or Buying Stations     
                        delivering to Motherships.                      
99...................  Discard, dockside. Discard after delivery and    
                        before processing; Discard, at plant. Inplant   
                        discard of whole groundfish and prohibited      
                        species by Shoreside Processors and Buying      
                        Stations delivering to Shoreside Processors     
                        before and during processing.                   
M99..................  Discard, off site meal reduction plant. Discarded
                        fish that are transferred to any off site       
                        facility for reduction to fish meal, fish oil   
                        and/or discard at sea.                          
------------------------------------------------------------------------
                           PRODUCT DESIGNATION                          
------------------------------------------------------------------------
A....................  Ancillary. Product made in addition to a primary 
                        product from the same fish.                     
P....................  Primary. Product made from each fish with the    
                        highest recovery rate.                          
R....................  Reprocessed. Product that results from processing
                        a previously reported product.                  
------------------------------------------------------------------------


[[Page 463]]


                   Table 2 to Part 679--Species Codes                   
------------------------------------------------------------------------
         Code                                Species                    
------------------------------------------------------------------------
110...................  Pacific cod.                                    
120...................  Miscellaneous flatfish (all flatfish without    
                         separate codes).                               
121...................  Arrowtooth flounder and/or Kamchatka flounder.  
122...................  Flathead sole.                                  
123...................  Rock sole.                                      
124...................  Dover sole.                                     
125...................  Rex sole.                                       
126...................  Butter sole.                                    
127...................  Yellowfin sole.                                 
128...................  English sole.                                   
129...................  Starry flounder.                                
131...................  Petrale sole.                                   
132...................  Sand sole.                                      
133...................  Alaska Plaice flounder.                         
134...................  Greenland turbot.                               
135...................  Greenstripe rockfish.                           
136...................  Northern rockfish.                              
137...................  Bocaccio rockfish.                              
138...................  Copper rockfish.                                
141...................  Pacific ocean perch (S. alutus only).           
142...................  Black rockfish.                                 
143...................  Thornyhead rockfish (all Sebastolobus species). 
145...................  Yelloweye rockfish.                             
146...................  Canary rockfish.                                
147...................  Quillback rockfish.                             
148...................  Tiger rockfish.                                 
149...................  China rockfish.                                 
150...................  Rosethorn rockfish.                             
151...................  Rougheye rockfish.                              
152...................  Shortraker rockfish.                            
153...................  Redbanded rockfish.                             
154...................  Dusky rockfish.                                 
155...................  Yellowtail rockfish.                            
156...................  Widow rockfish.                                 
157...................  Silvergray rockfish.                            
158...................  Redstripe rockfish.                             
159...................  Darkblotched rockfish.                          
160...................  Sculpins.                                       
166...................  Sharpchin rockfish.                             
167...................  Blue rockfish.                                  
175...................  Yellowmouth rockfish.                           
176...................  Harlequin rockfish.                             
177...................  Blackgill rockfish.                             
178...................  Chilipepper rockfish.                           
179...................  Pygmy rockfish.                                 
181...................  Shortbelly rockfish.                            
182...................  Splitnose rockfish.                             
183...................  Stripetail rockfish.                            
184...................  Vermilion rockfish.                             
185...................  Aurora rockfish.                                
193...................  Atka mackerel.                                  
270...................  Pollock.                                        
510...................  Smelt.                                          
511...................  Eulachon.                                       
516...................  Capelin.                                        
689...................  Sharks.                                         
700...................  Skates.                                         
710...................  Sablefish.                                      
870...................  Octopus.                                        
875...................  Squid.                                          
888...................  Mixed species tote (for use on Product Transfer 
                         Report only).                                  
                                                                        
                                                                        
                                                                        

[[Page 464]]

                                                                        
 GROUP CODES. These group codes may be used if individual species cannot
                             be identified.                             
------------------------------------------------------------------------
144...................  Slope rockfish (aurora, blackgill, Bocaccio,    
                         redstripe, silvergray, chilipepper,            
                         darkblotched, greenstriped, harlequin, pygmy,  
                         shortbelly, splitnose, stripetail, vermillion, 
                         yellowmouth, sharpchin).                       
168...................  Demersal shelf rockfish (china, copper,         
                         quillback, rosethorn, tiger, yelloweye,        
                         canary).                                       
169...................  Pelagic shelf rockfish (blue, dusky, yellowtail,
                         widow).                                        
171...................  Shortraker/rougheye rockfish.                   
------------------------------------------------------------------------
                        PROHIBITED SPECIES CODES                        
------------------------------------------------------------------------
000...................  Unspecified salmon.                             
200...................  Pacific halibut.                                
235...................  Pacific herring.                                
410...................  Salmon, Chinook.                                
420...................  Salmon, Sockeye.                                
430...................  Salmon, Coho.                                   
440...................  Salmon, Pink.                                   
450...................  Salmon, Chum.                                   
540...................  Steelhead trout.                                
920...................  Unspecified king crab.                          
921...................  Red king crab.                                  
922...................  Blue king crab.                                 
923...................  Gold/brown king crab.                           
930...................  Unspecified tanner crab.                        
931...................  Bairdi tanner crab.                             
932...................  Opilio tanner crab.                             
------------------------------------------------------------------------


[[Page 465]]

Pt. 679, Table 3

                                           Table 3 to Part 679--Product Recovery Rates for Groundfish Species                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             PRODUCT CODE                                               
                                             -----------------------------------------------------------------------------------------------------------
            FMP SPECIES              SPECIES   WHOLE    WHOLE                       H&G      H&G      H&G                                               
                                       CODE     FOOD     BAIT     BLED    GUTTED    WITH   WESTERN  EASTERN  H&G W/O   KIRIMI   SALTED   WINGS     ROE  
                                                FISH     FISH                       ROE      CUT      CUT      TAIL            & SPLIT                  
                                     .......        1        2        3        4        5        6        7        8        9       10       11       12
PACIFIC COD........................      110     1.00     1.00     0.98     0.85     0.63     0.57     0.47     0.44  .......     0.45  .......     0.05
ARROWTOOTH FLOUNDER................      121     1.00     1.00     0.98     0.90     0.80     0.72     0.65     0.62     0.48  .......  .......     0.08
ROCKFISH \1\.......................  .......     1.00     1.00     0.98     0.88  .......     0.60     0.50  .......  .......  .......  .......  .......
SCULPINS...........................      160     1.00     1.00     0.98     0.87  .......     0.50     0.40  .......  .......  .......  .......  .......
ATKA MACKEREL......................      193     1.00     1.00     0.98     0.87     0.67     0.64     0.61  .......  .......  .......  .......  .......
POLLOCK............................      270     1.00     1.00     0.98     0.80     0.70     0.65     0.56     0.50  .......  .......  .......     0.04
SMELTS.............................      510     1.00     1.00     0.98     0.82  .......     0.71  .......  .......  .......  .......  .......  .......
EULACHON...........................      511     1.00     1.00     0.98     0.82  .......     0.71  .......  .......  .......  .......  .......  .......
CAPELIN............................      516     1.00     1.00     0.98     0.89  .......     0.78  .......  .......  .......  .......  .......  .......
SHARKS.............................      689     1.00     1.00     0.98     0.83  .......     0.72  .......  .......  .......  .......  .......  .......
SKATES.............................      700     1.00     1.00     0.98     0.90  .......  .......     0.32  .......  .......  .......     0.32  .......
SABLEFISH..........................      710     1.00     1.00     0.98     0.89  .......     0.68     0.63     0.50  .......  .......  .......  .......
OCTOPUS............................      870     1.00     1.00     0.98     0.69  .......  .......  .......  .......  .......  .......  .......  .......
Target species categories GOA only:                                                                                                                     
    DEEP WATER FLATFISH............      118     1.00     1.00     0.98     0.90     0.80     0.72     0.65     0.62     0.48  .......  .......     0.08
    FLATHEAD SOLE..................      122     1.00     1.00     0.98     0.90     0.80     0.72     0.65     0.62     0.48  .......  .......     0.08
    REX SOLE.......................      125     1.00     1.00     0.98     0.90     0.80     0.72     0.65     0.62     0.48  .......  .......     0.08
    SHALLOW WATER FLATFISH.........      119     1.00     1.00     0.98     0.90     0.80     0.72     0.65     0.62     0.48  .......  .......     0.08
    THORNYHEAD ROCKFISH............      143     1.00     1.00     0.98     0.88     0.55     0.60     0.50  .......  .......  .......  .......  .......
Target species categories BSAI                                                                                                                          
 only:                                                                                                                                                  
    OTHER FLATFISH.................      120     1.00     1.00     0.98     0.90     0.80     0.72     0.65     0.62     0.48  .......  .......     0.08
    ROCK SOLE......................      123     1.00     1.00     0.98     0.90     0.80     0.72     0.65     0.62     0.48  .......  .......     0.08
    YELLOWFIN SOLE.................      127     1.00     1.00     0.98     0.90     0.80     0.72     0.65     0.62     0.48  .......  .......     0.08
    GREENLAND TURBOT...............      134     1.00     1.00     0.98     0.90     0.80     0.72     0.65     0.62     0.48  .......  .......     0.08
    SQUID..........................      875     1.00     1.00     0.98     0.69  .......  .......  .......  .......  .......  .......  .......  .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Rockfish means all species of Sebastes and Sebastolobus.                                                                                            
                                                                                                                                                        
[61 FR 31297, June 19, 1996; 61 FR 40481, Aug. 2, 1996]                                                                                                 


[[Page 466]]


                                                          Table 3 to Part 679--Product Recovery Rates for Groundfish Species--Continued                                                         
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                               PRODUCT CODE                                                     
                                                                         -----------------------------------------------------------------------------------------------------------------------
                          FMP SPECIES                            SPECIES                                                FILLETS  FILLETS  FILLETS   FILLETS   FILLETS                           
                                                                   CODE   PECTORAL   HEADS    CHEEKS   CHINS    BELLY    W/SKIN  SKIN ON   W/RIBS  SKINLESS/    DEEP    SURIMI   MINCE     MEAL 
                                                                           GIRDLE                                        & RIBS  NO RIBS  NO SKIN   BONELESS    SKIN                            
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                15       16       17       18       19       20       21       22        23        24       30       31       32
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PACIFIC COD....................................................      110      0.05  .......     0.05  .......     0.01     0.45     0.35     0.25      0.25   .......     0.15      0.5     0.17
ARROWTOOTH FLOUNDER............................................      121  ........  .......  .......  .......  .......     0.32     0.27     0.27      0.22   .......  .......  .......     0.17
ROCKFISH.......................................................  .......  ........     0.15     0.05     0.05     0.10     0.40     0.30     0.33      0.25   .......  .......  .......     0.17
SCULPINS.......................................................      160  ........  .......  .......  .......  .......  .......  .......  .......  .........  .......  .......  .......     0.17
ATKA MACKEREL..................................................      193  ........  .......  .......  .......  .......  .......  .......  .......  .........  .......     0.15  .......     0.17
POLLOCK........................................................      270  ........     0.15  .......  .......  .......     0.35     0.30     0.30      0.21      0.16  \2\ 0.1                  
                                                                                                                                                                             6                  
                                                                                                                                                                       \3\ 0.1                  
                                                                                                                                                                             7     0.22     0.17
SMELTS.........................................................      510  ........  .......  .......  .......  .......  .......     0.38  .......  .........  .......  .......  .......     0.22
EULACHON.......................................................      511  ........  .......  .......  .......  .......  .......     0.38  .......  .........  .......  .......  .......     0.22
CAPELIN........................................................      516  ........  .......  .......  .......  .......  .......  .......  .......  .........  .......  .......  .......     0.22
SHARKS.........................................................      689  ........  .......  .......  .......  .......  .......     0.30     0.30      0.25   .......  .......  .......     0.17
SKATES.........................................................      700  ........  .......  .......  .......  .......  .......  .......  .......  .........  .......  .......  .......     0.17
SABLEFISH......................................................      710  ........  .......     0.05  .......  .......     0.35     0.30     0.30      0.25   .......  .......  .......     0.22
OCTOPUS........................................................      870  ........  .......  .......  .......  .......  .......  .......  .......  .........  .......  .......  .......     0.17
Target species categories at GOA only:                                                                                                                                                          
    DEEP WATER FLATFISH........................................      118  ........  .......  .......  .......  .......     0.32     0.27     0.27      0.22   .......  .......  .......     0.17
    FLATHEAD SOLE..............................................      122  ........  .......  .......  .......  .......     0.32     0.27     0.27      0.22   .......  .......  .......     0.17
    REX SOLE...................................................      125  ........  .......  .......  .......  .......     0.32     0.27     0.27      0.22   .......  .......  .......     0.17
    SHALLOW WATER FLATFISH.....................................      119  ........  .......  .......  .......  .......     0.32     0.27     0.27      0.22   .......  .......  .......     0.17
    THORNYHEAD ROCKFISH........................................      143  ........     0.20     0.05     0.05     0.05     0.40     0.30     0.35      0.25   .......  .......  .......     0.17
Target species categories at BSIA only:                                                                                                                                                         
    OTHER FLATFISH.............................................      120  ........  .......  .......  .......  .......     0.32     0.27     0.27      0.22   .......  .......  .......     0.17
    ROCK SOLE..................................................      123  ........  .......  .......  .......  .......     0.32     0.27     0.27      0.22   .......  .......  .......     0.17
    YELLOWFIN SOLE.............................................      127  ........  .......  .......  .......  .......     0.32     0.27     0.27      0.22   .......     0.18  .......     0.17
    GREENLAND TURBOT...........................................      134  ........  .......  .......  .......  .......     0.32     0.27     0.27      0.22   .......  .......  .......     0.17
    SQUID......................................................      875  ........  .......  .......  .......  .......  .......  .......  .......  .........  .......  .......  .......     0.17
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\2\ Standard pollock surimi rate during January through June.                                                                                                                                   
\3\ Standard pollock surimi rate during July through December.                                                                                                                                  


[[Page 467]]


                  Table 3 to Part 679--Product Recovery Rates for Groundfish Species--Continued                 
----------------------------------------------------------------------------------------------------------------
                                                                        PRODUCT CODE                            
                                           ---------------------------------------------------------------------
           FMP SPECIES             SPECIES                                       BUTTERFLY                      
                                     CODE     OIL      MILT   STOMACHS  MANTLES   BACKBONE  DECOMPOSED  DISCARDS
                                                                                  REMOVED      FISH             
----------------------------------------------------------------------------------------------------------------
                                                 33       34        35       36        37          96    92, 94,
                                                                                                         98, 99,
                                                                                                             M99
----------------------------------------------------------------------------------------------------------------
PACIFIC COD......................      110  .......  .......  ........  .......      0.43        0.00       1.00
ARROWTOOTH FLOUNDER..............      121  .......  .......  ........  .......  .........       0.00       1.00
ROCKFISH.........................  .......  .......  .......  ........  .......  .........       0.00       1.00
SCULPINS.........................      160  .......  .......  ........  .......  .........       0.00       1.00
ATKA MACKEREL....................      193  .......  .......  ........  .......  .........       0.00       1.00
POLLOCK..........................      270  .......  .......  ........  .......      0.43        0.00       1.00
SMELTS...........................      510  .......  .......  ........  .......  .........       0.00       1.00
EULACHON.........................      511  .......  .......  ........  .......  .........       0.00       1.00
CAPELIN..........................      516  .......  .......  ........  .......  .........       0.00       1.00
SHARKS...........................      689  .......  .......  ........  .......  .........       0.00       1.00
SKATES...........................      700  .......  .......  ........  .......  .........       0.00       1.00
SABLEFISH........................      710  .......  .......  ........  .......  .........       0.00       1.00
OCTOPUS..........................      870  .......  .......  ........     0.85      1.00        0.00       1.00
Target species categories at GOA                                                                                
 only:                                                                                                          
    DEEP WATER FLATFISH..........      118  .......  .......  ........  .......  .........       0.00       1.00
    FLATHEAD SOLE................      122  .......  .......  ........  .......  .........       0.00       1.00
    REX SOLE.....................      125  .......  .......  ........  .......  .........       0.00       1.00
    SHALLOW WATER FLATFISH.......      119  .......  .......  ........  .......  .........       0.00       1.00
    THORNYHEAD ROCKFISH..........      143  .......  .......  ........  .......  .........       0.00       1.00
Target species categories at BSAI                                                                               
 only:                                                                                                          
    OTHER FLATFISH...............      120  .......  .......  ........  .......  .........       0.00       1.00
    ROCK SOLE....................      123  .......  .......  ........  .......  .........       0.00       1.00
    YELLOWFIN SOLE...............      127  .......  .......  ........  .......  .........       0.00       1.00
    GREENLAND TURBOT.............      134  .......  .......  ........  .......  .........       0.00       1.00
    SQUID........................      875  .......  .......  ........     0.75      1.00        0.00       1.00
----------------------------------------------------------------------------------------------------------------


[[Page 468]]


                    Table 4 to Part 679--Bering Sea Subarea Steller Sea Lion Protection Areas                   
----------------------------------------------------------------------------------------------------------------
                                                               From                             To              
                     Island                      ---------------------------------------------------------------
                                                     Latitude        Longitude       Latitude        Longitude  
----------------------------------------------------------------------------------------------------------------
                       3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title                       
                        a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).                        
----------------------------------------------------------------------------------------------------------------
Sea Lion Rocks..................................  55 deg.28.0' N   163 deg.12.0'                                
                                                                               W                                
Ugamak Island...................................  54 deg.14.0' N   164 deg.48.0'                                
                                                                               W  54 deg.13.0' N   164 deg.48.0'
                                                                                                               W
Akun Island.....................................  54 deg.18.0' N   165 deg.32.5'                                
                                                                               W  54 deg.18.0' N   165 deg.31.5'
                                                                                                               W
Akutan Island...................................  54 deg.03.5' N   166 deg.00.0'                                
                                                                               W  54 deg.05.5' N   166 deg.05.0'
                                                                                                               W
Bogoslof Island.................................  53 deg.56.0' N   168 deg.02.0'                                
                                                                               W                                
Ogchul Island...................................  53 deg.00.0' N   168 deg.24.0'                                
                                                                               W                                
Adugak Island...................................  52 deg.55.0' N   169 deg.10.5'                                
                                                                               W                                
Walrus Island...................................  57 deg.11.0' N   169 deg.56.0'                                
                                                                               W                                
----------------------------------------------------------------------------------------------------------------
   b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted  
                               under part 679, Trawling Prohibited Within 20 nm).                               
----------------------------------------------------------------------------------------------------------------
Sea Lion Rocks..................................  55 deg.28.0' N   163 deg.12.0'                                
                                                                               W                                
Akun Island.....................................  54 deg.18.0' N   165 deg.32.5'                                
                                                                               W  54 deg.18.0' N   165 deg.31.5'
                                                                                                               W
Akutan Island...................................  54 deg.03.5' N   166 deg.00.0'                                
                                                                               W  54 deg.05.5' N   166 deg.05.0'
                                                                                                               W
Ugamak Island...................................  54 deg.14.0' N   164 deg.48.0'                                
                                                                               W  54 deg.13.0' N   164 deg.48.0'
                                                                                                               W
Seguam Island...................................  52 deg.21.0' N   172 deg.35.0'                                
                                                                               W  52 deg.21.0' N   172 deg.33.0'
                                                                                                               W
Agligadak Island................................  52 deg.06.5' N   172 deg.54.0'                                
                                                                               W                                
----------------------------------------------------------------------------------------------------------------
Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates,  
  along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic  
  coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water. 


                 Table 5 to Part 679--Aleutian Islands Subarea Steller Sea Lion Protection Areas                
----------------------------------------------------------------------------------------------------------------
                                                               From                             To              
                     Island                      ---------------------------------------------------------------
                                                     Latitude        Longitude       Latitude        Longitude  
----------------------------------------------------------------------------------------------------------------
                       3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title                       
                        a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).                        
----------------------------------------------------------------------------------------------------------------
Yunaska Island..................................  52 deg.42.0' N   170 deg.38.5'                                
                                                                               W  52 deg.41.0' N   170 deg.34.5'
                                                                                                               W
Seguam Island...................................  52 deg.21.0' N   172 deg.35.0'                                
                                                                               W  52 deg.21.0' N   172 deg.33.0'
                                                                                                               W
Agligadak Island................................  52 deg.06.5' N   172 deg.54.0'                                
                                                                               W                                
Kasatochi Island................................  52 deg.10.0' N   175 deg.31.0'                                
                                                                               W  52 deg.10.5' N   175 deg.29.0'
                                                                                                               W
Adak Island.....................................  51 deg.36.5' N   176 deg.59.0'                                
                                                                               W  51 deg.38.0' N   176 deg.59.5'
                                                                                                               W
Gramp Rock......................................  51 deg.29.0' N   178 deg.20.5'                                
                                                                               W                                
Tag Island......................................  51 deg.33.5' N   178 deg.34.5'                                
                                                                               W                                
Ulak Island.....................................  51 deg.20.0' N   178 deg.57.0'                                
                                                                               W  51 deg.18.5' N   178 deg.59.5'
                                                                                                               W
Semisopochnoi...................................  51 deg.58.5' N   179 deg.45.5'                                
                                                                               E  51 deg.57.0' N   179 deg.46.0'
                                                                                                               E
Semisopochnoi...................................  52 deg.01.5' N   179 deg.37.5'                                
                                                                               E  52 deg.01.5' N   179 deg.39.0'
                                                                                                               E
Amchitka Island.................................  51 deg.22.5' N   179 deg.28.0'                                
                                                                               E  51 deg.21.5' N   179 deg.25.0'
                                                                                                               E
Amchitka Is./Column Rocks.......................  51 deg.32.5' N   178 deg.49.5'                                
                                                                               E                                
Ayugadak Point..................................  51 deg.45.5' N   178 deg.24.5'                                
                                                                               E                                
Kiska Island....................................  51 deg.57.5' N   177 deg.21.0'                                
                                                                               E  51 deg.56.5' N   177 deg.20.0'
                                                                                                               E
Kiska Island....................................  51 deg.52.5' N   177 deg.13.0'                                
                                                                               E  51 deg.53.5' N   177 deg.12.0'
                                                                                                               E
Buldir Island...................................  52 deg.20.5' N   175 deg.57.0'                                
                                                                               E  52 deg.23.5' N   175 deg.51.0'
                                                                                                               E
Agattu Is./Gillion Pt...........................  52 deg.24.0' N   173 deg.21.5'                                
                                                                               E                                
Agattu Island...................................  52 deg.23.5' N   173 deg.43.5'                                
                                                                               W  52 deg.22.0' N   173 deg.41.0'
                                                                                                               E
Attu Island.....................................  52 deg.54.5' N   172 deg.28.5'                                
                                                                               W  52 deg.57.5' N   172 deg.31.5'
                                                                                                               E
----------------------------------------------------------------------------------------------------------------
   b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted  
                              under part 679.20. Trawling Prohibited Within 20 nm).                             
----------------------------------------------------------------------------------------------------------------
Seguam Island...................................  52 deg.21.0' N   172 deg.35.0'                                
                                                                               W  52 deg.21.0' N   172 deg.33.0'
                                                                                                               W
Agligadak Island................................  52 deg.06.5' N   172 deg.54.0'                                
                                                                               W                                
----------------------------------------------------------------------------------------------------------------
Note: Each rookery extends in a clockwise direction from the first set of geographic coordinates, along the     
  shoreline at mean lower low water, to the second set of coordinates; if only one set of geograhic coordinates 
  is listed, the rookery extends around the entire shoreline of the island at mean lower low water.             


[[Page 469]]


                      Table 6 to Part 679--Gulf of Alaska Steller Sea Lion Protection Areas                     
----------------------------------------------------------------------------------------------------------------
                                                               From                             To              
                     Island                      ---------------------------------------------------------------
                                                     Latitude        Longitude       Latitude        Longitude  
----------------------------------------------------------------------------------------------------------------
                       3-nm NO TRANSIT ZONES described at part 227.12(a)(2) of this title                       
                        a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).                        
----------------------------------------------------------------------------------------------------------------
Outer Island....................................  59 deg.20.5' N   150 deg.23.0'                                
                                                                               W  59 deg.21.0' N   150 deg.24.5'
                                                                                                               W
Sugarloaf Island................................  58 deg.53.0' N   152 deg.02.0'                                
                                                                               W                                
Marmot Island...................................  58 deg.14.5' N   151 deg.47.5'                                
                                                                               W  58 deg.10.0' N   151 deg.51.0'
                                                                                                               W
Chirikof Island.................................  55 deg.46.5' N   155 deg.39.5'                                
                                                                               W  55 deg.46.5' W   155 deg.43.0'
                                                                                                               W
Chowiet Island..................................  56 deg.00.5' N   156 deg.41.5'                                
                                                                               W  56 deg.00.5' N   156 deg.42.0'
                                                                                                               W
Atkins Island...................................  55 deg.03.5' N   159 deg.18.5'                                
                                                                               W                                
Chernabura Island...............................  54 deg.47.5' N   159 deg.31.0'                                
                                                                               W  54 deg.45.5' N   159 deg.33.5'
                                                                                                               W
Pinnacle Rock...................................  54 deg.46.0' N   161 deg.46.0'                                
                                                                               W                                
Clubbing Rocks-N................................  54 deg.43.0' N   162 deg.26.5'                                
                                                                               W                                
Clubbing Rocks-S................................  54 deg.42.0' N   162 deg.26.5'                                
                                                                               W                                
Ugamak Island...................................  54 deg.14.0' N   164 deg.48.0'                                
                                                                               W  54 deg.13.0' N   164 deg.48.0'
                                                                                                               W
Akun Island.....................................  54 deg.18.0' N   165 deg.32.5'                                
                                                                               W  54 deg.18.0' N   165 deg.31.5'
                                                                                                               W
Akutan Island...................................  54 deg.03.5' N   166 deg.00.0'                                
                                                                               W  54 deg.05.5' N   166 deg.05.0'
                                                                                                               W
Ogchul Island...................................  53 deg.00.0' N   168 deg.24.0'                                
                                                                               W                                
----------------------------------------------------------------------------------------------------------------
   b. Seasonal Trawl Closures (During January 1 through April 15, or a date earlier than April 15, if adjusted  
                              under part 679.20. Trawling Prohibited Within 20 nm).                             
----------------------------------------------------------------------------------------------------------------
Akun I..........................................  54 deg.18.0' N   165 deg.32.5'                                
                                                                               W  54 deg.18.0' N   165 deg.31.5'
                                                                                                               W
Akutan I........................................  54 deg.03.5' N   166 deg.00.0'                                
                                                                               W  54 deg.05.5' N   166 deg.05.0'
                                                                                                               W
Ugamak I........................................  54 deg.14.0' N   164 deg.48.0'                                
                                                                               W  54 deg.13.0' N   164 deg.48.0'
                                                                                                               W
----------------------------------------------------------------------------------------------------------------
Note: The bounds of each rookery extend in a clockwise direction from the first set of geographic coordinates,  
  along the shoreline at mean lower low water, to the second set of coordinates; if only one set of geographic  
  coordinates is listed, the rookery extends around the entire shoreline of the island at mean lower low water. 


[[Page 470]]


 Table 7 to Part 679--Communities Determined to be Eligible to Apply for
  Community Development Quotas (Other communities that do not appear on 
                    this table may also be eligible)                    
------------------------------------------------------------------------
                                                                        
-------------------------------------------------------------------------
Aleutian Region:                                                        
                                                                        
   1. Akutan                                                            
   2. Atka                                                              
   3. False Pass                                                        
   4. Nelson Lagoon                                                     
   5. Nikolski                                                          
   6. St. George                                                        
   7. St. Paul                                                          
Bering Strait:                                                          
   1. Brevig Mission                                                    
   2. Diomede/Inalik                                                    
   3. Elim                                                              
   4. Gambell                                                           
   5. Golovin                                                           
   6. Koyuk                                                             
   7. Nome                                                              
   8. Savoonga                                                          
   9. Shaktoolik                                                        
  10. St. Michael                                                       
  11. Stebbins                                                          
  12. Teller                                                            
  13. Unalakleet                                                        
  14. Wales                                                             
  15. White Mountain                                                    
Bristol Bay:                                                            
   1. Alegnagik                                                         
   2. Clark's Point                                                     
   3. Dillingham                                                        
   4. Egegik                                                            
   5. Ekuk                                                              
   6. Manokotak                                                         
   7. Naknek                                                            
   8. Pilot Point/Ugashi                                                
   9. Port Heiden/Meschick                                              
  10. South Naknek                                                      
  11. Sovonoski/King Salmon                                             
  12. Togiak                                                            
  13. Twin Hills                                                        
Southwest Coastal Lowlands:                                             
   1. Alakanuk                                                          
   2. Chefornak                                                         
   3. Chevak                                                            
   4. Eek                                                               
   5. Emmonak                                                           
   6. Goodnews Bay                                                      
   7. Hooper Bay                                                        
   8. Kipnuk                                                            
   9. Kongiganak                                                        
  10. Kotlik                                                            
  11. Kwigilingok                                                       
  12. Mekoryuk                                                          
  13. Newtok                                                            
  14. Nightmute                                                         
  15. Platinum                                                          
  16. Quinhagak                                                         
  17. Scammon Bay                                                       
  18. Sheldon's Point                                                   
  19. Toksook Bay                                                       
  20. Tununak                                                           
  21. Tuntutuliak                                                       
------------------------------------------------------------------------


[61 FR 31230, June 19, 1996, as amended at 61 FR 41745, Aug. 12, 1996]

  Table 8 to Part 679--Harvest Zone Codes for Use with Product Transfer 
                   Reports and Vessel Activity Reports                  
------------------------------------------------------------------------
         Harvest zone                          Description              
------------------------------------------------------------------------
A.............................  EEZ off Alaska.                         
D.............................  Donut Hole.                             
F.............................  Foreign Waters Other than Russia.       
I.............................  International Waters other than Donut   
                                 Hole and Seamounts.                    
R.............................  Russian waters.                         
S.............................  Seamounts in International waters.      
U.............................  U.S. EEZ other than Alaska.             
------------------------------------------------------------------------


 Table 9 to Part 679--Required Logbooks, Reports and Forms From Participants in the Federal Groundfish Fisheries
----------------------------------------------------------------------------------------------------------------
                                                     Catcher-                        Shoreside                  
      Name of logbook/Form        Catcher-vessel     processor      Mothership       processor    Buying station
----------------------------------------------------------------------------------------------------------------
Daily Fishing Logbook (DFL).....             Yes              No              No              No              No
Daily Cumulative Production                                                                                     
 Logbook (DCPL).................              No             Yes             Yes             Yes              No
Daily Cumulative Logbook (DCL)..              No              No              No              No             Yes
Check-in/Check-out Report.......              No             Yes             Yes             Yes             Yes
U.S. Vessel Activity Report                                                                                     
 (VAR)..........................             Yes             Yes             Yes              No              No
Weekly Production Report (WPR)..              No             Yes             Yes             Yes              No
Daily Production Report (DPR)*..              No             Yes             Yes             Yes              No
Product Transfer Report (PTR)...              No             Yes             Yes             Yes              No
----------------------------------------------------------------------------------------------------------------
* When required by Regional Director.                                                                           


[61 FR 31302, June 19, 1996; 61 FR 40481, Aug. 2, 1996]

[[Page 471]]

Pt. 679, Table 10

                                               Table 10 to Part 679--Gulf of Alaska Retainable Percentages                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Basis species \1\                                            Bycatch species \1\                
                              --------------------------------------------------------------------------------------------------------------------------
                                        Pacific    Deep      Rex    Flathead   Shallow                          Aggregated   DSR SEEO    Atka     Other 
                               Pollock    Cod    flatfish    Sole     Sole    flatfish  Arrowtooth  Sablefish  rockfish \2\     \4\    mackerel  species
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock......................   \3\ na       20        20       20        20        20         35          1            5          10        20       20
Pacific cod..................       20   \3\ na        20       20        20        20         35          1            5          10        20       20
Deep flatfish................       20       20    \3\ na       20        20        20         35         15           15           1        20       20
Rex sole.....................       20       20        20   \3\ na        20        20         35         15           15           1        20       20
Flathead sole................       20       20        20       20    \3\ na        20         35         15           15           1        20       20
Shallow flatfish.............       20       20        20       20        20    \3\ na         35          1            5          10        20       20
Arrowtooth...................        0        0         0        0         0         0     \3\ na          0            0           0         0        0
Sablefish....................       20       20        20       20        20        20         35     \3\ na           15           1        20       20
Pacific Ocean perch..........       20       20        20       20        20        20         35         15           15           1        20       20
Shortraker/rougheye..........       20       20        20       20        20        20         35         15           15           1        20       20
Other rockfish...............       20       20        20       20        20        20         35         15           15           1        20       20
Northern rockfish............       20       20        20       20        20        20         35         15           15           1        20       20
Pelagic rockfish.............       20       20        20       20        20        20         35         15           15           1        20       20
DSR-SEEO.....................       20       20        20       20        20        20         35         15           15      \3\ na        20       20
Thornyhead...................       20       20        20       20        20        20         35         15           15           1        20       20
Atka mackerel................       20       20        20       20        20        20         35          1            5          10    \3\ na       20
Other species................       20       20        20       20        20        20         35          1            5          10        20   \3\ na
Aggregated amount non-                                                                                                                                  
 groundfish species..........       20       20        20       20        20        20         35          1            5          10        20       20
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For definition of species, see Table 1 of the Gulf of Alaska groundfish specifications.                                                             
\2\ Aggregated rockfish means rockfish of the genera Sebastes and Sebastolobus except in the southeast Outside District where demersal shelf rockfish   
  (DSR) is a separate category.                                                                                                                         
\3\ na = not applicable.                                                                                                                                
\4\ SEEO = Southeast Outside District.                                                                                                                  

Pt. 679, Table 11

                                                  Table 11 to Part 679--Bering Sea and Aleutian Islands Management Area Retainable Percentages                                                  
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                    Bycatch species \1\                                                         
                                                          --------------------------------------------------------------------------------------------------------------------------------------
                    Basis species \1\                               Pacific    Atka                Yellowfin    Other             Flathead  Greenland              Aggregated             Other 
                                                           Pollock    cod    mackerel  Arrowtooth     sole    flatfish  Rocksole    sole      turbot   Sablefish  rockfish \2\   Squid   species
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock..................................................   \3\ na       20        20         35         20         20        20        20         1          1            5         20       20
Pacific cod..............................................       20   \3\ na        20         35         20         20        20        20         1          1            5         20       20
Atka mackerel............................................       20       20    \3\ na         35         20         20        20        20         1          1            5         20       20
Arrowtooth...............................................        0        0         0     \3\ na          0          0         0         0         0          0            0          0        0
Yellowfin sole...........................................       20       20        20         35     \3\ na         35        35        35         1          1            5         20       20
Other flatfish...........................................       20       20        20         35         35     \3\ na        35        35         1          1            5         20       20
Rocksole.................................................       20       20        20         35         35         35    \3\ na        35         1          1            5         20       20
Flathead sole............................................       20       20        20         35         35         35        35    \3\ na        35         15           15         20       20
Greenland turbot.........................................       20       20        20         35         20         20        20        20    \3\ na         15           15         20       20
Sablefish................................................       20       20        20         35         20         20        20        20        35     \3\ na           15         20       20

[[Page 472]]

                                                                                                                                                                                                
Other rockfish...........................................       20       20        20         35         20         20        20        20        35         15           15         20       20
Other red rockfish-BS....................................       20       20        20         35         20         20        20        20        35         15           15         20       20
Pacific Ocean perch......................................       20       20        20         35         20         20        20        20        35         15           15         20       20
Sharpchin/Northern-AI....................................       20       20        20         35         20         20        20        20        35         15           15         20       20
Shortraker/Rougheye-AI...................................       20       20        20         35         20         20        20        20        35         15           15         20       20
Squid....................................................       20       20        20         35         20         20        20        20         1          1            5     \3\ na       20
Other species............................................       20       20        20         35         20         20        20        20         1          1            5         20   \3\ na
Aggregated amount non-groundfish species.................       20       20        20         35         20         20        20        20         1          1            5         20      20 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For definition of species, see Table 1 of the Bering Sea and Aleutian Islands groundfish specifications.                                                                                    
\2\ Aggregated rockfish of the genera Sebastes and Sebastolobus.                                                                                                                                
\3\ na = not applicable.                                                                                                                                                                        


[[Page 473]]



PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT--Table of Contents




Sec.
697.1  Purpose and scope.
697.2  Definitions.
697.3  Relation to the Magnuson Act.
697.4  Civil procedures.
697.5  Specifically authorized activities.
697.6  Prohibitions.

Authority: 16 U.S.C. 1851 note, 5101 et seq.

Source: 61 FR 29321, June 10, 1996, unless otherwise noted.



Sec. 697.1  Purpose and scope.

    The regulations in this part implement section 804(b) of the 
Atlantic Coastal Fisheries Cooperative Management Act, 16 U.S.C. 5101 et 
seq., and section 6 of the Atlantic Striped Bass Conservation Act 
Appropriations Authorization, 16 U.S.C. 1851 note, and govern fishing in 
the EEZ on the Atlantic Coast for species covered by those acts.



Sec. 697.2  Definitions.

    In addition to the definitions in Sec. 600.10 of this chapter, the 
terms in this part have the following meanings:
    Atlantic striped bass means members of stocks or populations of the 
species Morone saxatilis found in the waters of the Atlantic Ocean north 
of Key West, FL.
    Block Island Southeast Light means the aid to navigation light 
located at Southeast Point, Block Island, RI, and defined as follows: 
Located at 40 deg.09.2'N. lat., 71 deg.33.1'W. long; is 201 ft (61.3 m) 
above the water; and is shown from a brick octagonal tower 67 ft (20.4 
m) high attached to a dwelling on the southeast point of Block Island, 
RI.
    Continuous transit means that a vessel remains continuously underway 
while in the EEZ.
    Fish, when used as a verb, for the purposes of this part, means any 
activity that involves:
    (1) The catching, taking, or harvesting of fish;
    (2) The attempted catching, taking, or harvesting of fish;
    (3) Any other activity that can reasonably be expected to result in 
the catching, taking, or harvesting of fish; or
    (4) Any operations at sea in support or, or in preparation for, any 
activity described in paragraph (1), (2), or (3) of this definition.

    Land means to begin offloading fish, to offload fish, or to enter 
port with fish.

    Montauk Light means the aid to navigation light located at Montauk 
Point, NY, and defined as follows: Located at 41 deg.04.3'N. lat., 
71 deg.51.5'W. long.; is shown from an octagonal, pyramidal tower, 108 
ft (32.9 m) high; and has a covered way to a dwelling.

    Point Judith Light means the aid to navigation light located at 
Point Judith, RI, and defined as follows: Located at 41 deg.21.7'N. 
lat., 71 deg.28.9'W. long.; is 65 ft (19.8 m) above the water; and is 
shown from an octagonal tower 51 ft (15.5 m) high.

    Retain means to fail to return Atlantic striped bass or weakfish to 
the sea immediately after the hook has been removed or the fish has 
otherwise been released from the capture gear. Weakfish means members of 
the stock or population of the species Cynoscion regalis, found along 
the Atlantic coast from southern Florida to Massachusetts Bay.



Sec. 697.3  Relation to the Magnuson Act.

    The provisions of sections 307 through 311 of the Magnuson Act, as 
amended, regarding prohibited acts, civil penalties, criminal offenses, 
civil forfeitures, and enforcement apply with respect to the regulations 
in this part, as if the regulations in this part were issued under the 
Magnuson Act.



Sec. 697.4  Civil procedures.

    The civil procedure regulations at 15 CFR part 904 apply to civil 
penalties, permit sanctions, seizures, and forfeitures under the 
Atlantic Striped Bass Act and the Atlantic Coastal Act, and the 
regulations in this part.



Sec. 697.5  Specifically authorized activities.

    NMFS may authorize, for the acquisition of information and data, 
activities that are otherwise prohibited by the regulations in this 
part.

[[Page 474]]



Sec. 697.6  Prohibitions.

    (a) Atlantic Coast weakfish fishery. In addition to the prohibitions 
set forth in Sec. 600.725, the following prohibitions apply. It is 
unlawful for any person to do any of the following:
    (1) Fish for weakfish in the EEZ.
    (2) Harvest any weakfish from the EEZ.
    (3) Possess any weakfish in or from the EEZ.
    (4) Fail to return to the water immediately, with the least possible 
injury, any weakfish taken within the EEZ.
    (b) Atlantic striped bass fishery. It is unlawful for any person to 
do any of the following:
    (1) Fish for Atlantic striped bass in the EEZ.
    (2) Harvest any Atlantic striped bass from the EEZ.
    (3) Possess any Atlantic striped bass in or from the EEZ, except for 
the following area: The EEZ within Block Island Sound, north of a line 
connecting Montauk Light, Montauk Point, NY, and Block Island Southeast 
Light, Block Island, RI; and west of a line connecting Point Judith 
Light, Point Judith, RI, and Block Island Southeast Light, Block Island, 
RI. Within this area, possession of Atlantic striped bass is permitted, 
provided no fishing takes place from the vessel while in the EEZ and the 
vessel is in continuous transit.
    (4) Fail to return to the water immediately, with the least possible 
injury, any Atlantic striped bass taken within the EEZ.

    Effective Date Note: At 61 FR 34746, July 3, 1996, in Sec. 697.6 
paragraph (a) was stayed, effective July 2, 1996.
[[Page 475]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 477]]

            Material Approved for Incorporation by Reference

                     (Revised as of October 1, 1996)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR Part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


50 CFR CHAPTER II (PARTS 600-END)

NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION, DEPARTMENT OF COMMERCE


Florida Marine Fisheries Commission

  2540 Executive Center Circle West, Suite 106, Tallahassee, FL 32301; 
  telephone (904) 487-0554
Florida Administrative Code, rules 62N-8.001 and 
  46-13.002(2)(e) and (f), all as in effect as of 
  April 14, 1995..................................              654.6(a)
Florida Administrative Code, rule 46-13.002(2)(b), 
  in effect as of April 14, 1995..................             654.20(b)


                                                                    Chap.

[[Page 479]]



                    Table of CFR Titles and Chapters



                   (Revised as of September 30, 1996)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Advisory Committee on Federal Pay (Parts 1400--1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3202)
     XXIII  Department of Energy (Part 3301)

[[Page 480]]

      XXIV  Federal Energy Regulatory Commission (Part 3401)
      XXVI  Department of Defense (Part 3601)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Consumer Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)

[[Page 481]]

      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of Finance and Management, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  [Reserved]
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
     XXXIX  Economic Analysis Staff, Department of Agriculture 
                (Parts 3900--3999)
        XL  Economics Management Staff, Department of Agriculture 
                (Parts 4000--4099)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

[[Page 482]]

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--499)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Meat and Poultry 
                Inspection, Department of Agriculture (Parts 300--
                399)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
        XI  United States Enrichment Corporation (Parts 1100--
                1199)
        XV  Office of the Federal Inspector for the Alaska Natural 
                Gas Transportation System (Parts 1500--1599)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Thrift Depositor Protection Oversight Board (Parts 
                1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700-1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

[[Page 483]]

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

[[Page 484]]

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)

[[Page 485]]

        II  Agency for International Development, International 
                Development Cooperation Agency (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
        VI  United States Arms Control and Disarmament Agency 
                (Parts 600--699)
       VII  Overseas Private Investment Corporation, International 
                Development Cooperation Agency (Parts 700--799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)

[[Page 486]]

        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs and Section 202 Direct Loan Program) 
                (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3699)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)

[[Page 487]]

         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Programs, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)

[[Page 488]]

        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)

[[Page 489]]

       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100-1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400-1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

[[Page 490]]

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       301  Travel Allowances (Parts 301-1--301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Parts 303-1--303-2)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

[[Page 491]]

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services, 
                General Administration (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  ACTION (Parts 1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
      XXII  Christopher Columbus Quincentenary Jubilee Commission 
                (Parts 2200--2299)
     XXIII  Arctic Research Commission (Part 2301)

[[Page 492]]

      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Saint Lawrence Seaway Development Corporation (Great 
                Lakes Pilotage), Department of Transportation 
                (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)

[[Page 493]]

        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)

[[Page 494]]

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Regulatory Agencies (Fishing and 
                Whaling) (Parts 300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            Acts Requiring Publication in the Federal Register
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 495]]





           Alphabetical List of Agencies Appearing in the CFR



                   (Revised as of September 30, 1996)

                                                  CFR Title, Subtitle or
                     Agency                               Chapter

ACTION                                            45, XII
Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Analysis Staff                         7, XXXIX
  Economic Research Service                       7, XXXVII
  Economics Management Staff                      7, XL
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Finance and Management, Office of               7, XXX
  Food and Consumer Service                       7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alaska Natural Gas Transportation System, Office  10, XV
     of the Federal Inspector
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII

[[Page 496]]

American Battle Monuments Commission              36, IV
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Arms Control and Disarmament Agency, United       22, VI
     States
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Commerce Department                               44, IV
  Census Bureau                                   15, I`
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51

[[Page 497]]

  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Defense Mapping Agency                          32, I
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Mapping Agency                            32, I
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Analysis Staff                           7, XXXIX
Economic Development Administration               13, III
Economics Management Staff                        7, XL
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Enrichment Corporation, United States             10, XI
Environmental Protection Agency                   5, LIV; 40, I
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV

[[Page 498]]

Farm Service Agency                               7, VII, XVIII
Farmers Home Administration                       7, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Inspector for the Alaska Natural Gas      10, XV
     Transportation System, Office of
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Finance and Management, Office of                 7, XXX
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Fishing and Whaling, International Regulatory     50, III
     Agencies
Food and Drug Administration                      21, I
Food and Consumer Service                         7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105

[[Page 499]]

  Federal Travel Regulation System                41, Subtitle F
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Travel Allowances                               41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes Pilotage                              46, III
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
     Secretary
[[Page 500]]

  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, Agency for             22, II
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, Agency for           22, II; 48, 7
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Regulatory Agencies (Fishing and    50, III
     Whaling)
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Relations and Cooperative      29, II
       Programs, Bureau of
  Labor-Management Programs, Office of            29, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Relations and Cooperative        29, II
     Programs, Bureau of
Labor-Management Programs, Office of              29, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II

[[Page 501]]

Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV

[[Page 502]]

Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Prisons, Bureau of                                28, V
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV; 46, III
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Depositor Protection Oversight Board       12, XV
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II

[[Page 503]]

  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV; 46, III
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
Transportation, Office of                         7, XXXIII
Travel Allowances                                 41, 301
Treasury Department                               5, XXI; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
United States Enrichment Corporation              10, XI
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 505]]



List of CFR Sections Affected


All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.

For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1964-1972 and 1973-1985'' published in six separate volumes.

                                  1986

50 CFR
                                                                   51 FR
                                                                    Page
Chapter VI
604.1  (b) table amended (OMB numbers)............................10550,
16530, 28575, 37185, 46679
611  Specifications.....................................956, 3788, 25704
    Inseason adjustments...........................................4603,
5198, 7446, 9658, 9966, 16058, 27412, 33613
    Specifications corrected..................................5713, 6914
    Specifications and inseason adjustments........................18333
    Temporary regulations...................................23079, 37407
    Inseason adjustments...........................................41797
611.22  (a), (b)(1), and (c) revised.................................207
    (c), (d), and (e) redesignated as (d), (e) and (f); (c) added 
                                                                   32091
611.61  (b)(4) added...............................................20300
611.70  (b), (i), and (j) revised; (k) removed.....................17032
611.92  (b)(2), (c)(2)(i) (A) and (D), (ii) (A), (B), and (C), 
        (e)(3)(ii), and (f)(2)(i) suspended; (b)(5), (c)(2)(i) 
        (F), (G), and (H), (ii) (D), (E), and (F), and (i) added; 
        interim emergency eff. to 8-20-86..........................19206
    Technical correction...........................................21772
    (b)(2), (c)(2)(i) (A) and (D), (ii)(A), (B), and (C), 
(e)(3)(ii), and (f)(2)(i) suspensions, (b)(5), (c)(2)(i) (F), (G), 
and (H), (ii) (D), (E), and (F), and (i) additions interim 
emergency effectiveness extended to 11-18-86.......................30218
611.93  (b)(1)(iii), (c)(2)(ii)(E)(2)(iv), (F) and (G), and Figure 
        1 added; interim emergency eff. to 9-2-86..................20655
    (c)(2)(ii)(G) corrected........................................23079
    (b)(1)(iii), (c)(2)(ii)(E)(2)(iv), (F) and (G), and Figure 1 
addition interim emergency effectiveness extended to 12-2-86.......32334
    (b)(3)(ii)(A) suspended; (b)(3)(ii)(D) added; interim 
emergency eff. to 1-20-87..........................................37411
    Technical correction...........................................40810
619  Revised.......................................................11925
630.5  Amended.....................................................16530
    Existing text designated as (a); (b) and (c) added (effective 
date pending)......................................................20300
    Eff. 8-5-86 to 10-31-87........................................28575
630.21  (c) added..................................................20300
640  Fishery Management Plan notice.................................5713
641.22  Table 1 corrected...................................28094, 29471
641.23  (b)(2) revised; eff. to 5-8-87.............................19209
641.25  Revised....................................................19209
642  Temporary regulation...........................................9012

[[Page 506]]

    Technical correction...........................................11041
642.1  (b) revised.................................................26011
642.2  Amended...............................................9660, 26011
642.4  (a), (b) introductory text and (7), (d), (f), and (g) 
        revised; (b)(8) added.......................................9661
    (a)(1) and (2) and (b)(6) revised..............................26011
642.6  (a) introductory text revised................................9661
642.7  (a)(27) added; emergency eff. to 6-4-86......................8326
    (a) (2), (19), (20), (21), (22), and (25) revised; (a) (17) 
and (27) amended; (a) (28) through (31) added.......................9661
    (a)(6) amended.................................................12857
    (a)(27) republished; interim emergency effectiveness extended 
                                                                   16531
    (a)(18) revised; (a)(27) added; (a)(28) removed; (a)(29) 
through (31) redesignated as (a)(28) through (30)..................26011
642.21  (a) suspended in part; (f), (g), and (h) added; emergency 
        eff. to 6-4-86..............................................8326
    Heading revised; (a) amended; (b), (c), (d), and (e) 
redesignated as (c), (d), (e), and (i); new (b) added...............9661
    (a) suspension corrected; (b) correctly suspended; emergency 
eff. to 6-4-86.....................................................10212
    (a) amended; (c) removed; (f), (g), and (h) republished; 
interim emergency effectiveness extended...........................16531
    (a), (b), and (c) revised; (i) redesignated as (f).............26011
642.22  Existing text designated as (a) and amended; (b) added......9662
    (b) revised....................................................26012
642.24  (c) amended.................................................9662
    (b) removed; (c) redesignated as (b)...........................12857
    (b) revised....................................................19210
642.28  Revised.....................................................9662
    (c) revised....................................................26012
642  Tables 1 and 2 and Figures 1 through 3 designated as Appendix 
        A and Table 2 amended.......................................9662
    Figure 3 revised...............................................11311
    Appendix A amended.............................................26012
649.1  Amended.....................................................19212
649.7  (a) introductory text and (6) and (b)(2) revised............19212
649.21  Revised....................................................19212
    (b)(2) Figure 1 correctly added................................22940
649.22  Added......................................................19212
650.1  Effective date deferred......................................208,
    11927, 16520
    Effective date (51 FR 11927) corrected.........................23551
650.2  Effective date deferred......................................208,
    11927, 16520
    Effective date (51 FR 11927) corrected.........................23551
650.7  Effective date deferred......................................208,
    11927, 16520
    Effective date (51 FR 11927) corrected.........................23551
650.20  Effective date deferred.....................................208,
    11927, 16520
    Corrected......................................................11041
    Effective date (51 FR 11927) corrected.........................23551
650.21  Effective date deferred.....................................208,
    11927, 16520
    (b)(1) corrected...............................................11041
    Effective date (51 FR 11927) corrected.........................23551
650.22  Effective date deferred.....................................208,
    11927, 16520
    Effective date (51 FR 11927) corrected.........................23551
650.23  Added; interim emergency...................................24842
    Effective date deferred........................................34644
651  Revised; interim eff. to 9-30-87..............................29645
651.4  OMB number pending..........................................29642
    OMB number; interim effectiveness confirmed to 9-30-87.........37185
651.21  OMB number pending.........................................29642
      OMB number; interim effectiveness confirmed to 9-30-87.......37185
651.22  Interim effectiveness confirmed to 9-30-87.................37185
651.23  (a)(1) corrected...........................................34644
652  1986 quarterly quotas...........................................757
    Inseason adjustments............................................8326
    1986 annual and quarterly quotas...............................10392
    Temporary regulations.........................................23231,
    40173, 44297

[[Page 507]]

652.7  (a) (3) and (4) revised; (a)(5) and (n) added...............17347
652.21  (b) and (c) revised........................................17347
652.22  (a)(2) and (b)(2) revised..................................17347
653  Added; interim emergency eff. to 9-23-86 (effective date 
        pending in part)...........................................23553
    Temporary regulations..........................................26554
    Temporary regulations corrected................................27413
    Addition interim emergency effectiveness extended to 12-22-86 
                                                                   34219
    Revised........................................................46679
653.2  Amended; interim emergency eff. to 12-22-86.................34220
653.3  (d) removed; interim emergency eff. to 12-22-86.............34220
653.4  Text removed; interim emergency eff. to 12-22-86............34220
653.5  Text removed; interim emergency eff. to 12-22-86............34220
653.7  (a)(1), (2), (3), and (6); removed; (a)(4) and (5) and (7) 
        through (14) redesignated as (a)(3) through (12); new 
        (a)(1) and (2) added; interim emergency eff. to 12-22-86 
                                                                   34220
653.21  Text removed; interim emergency eff. to 12-22-86...........34220
653.22  Revised; interim emergency eff. to 12-22-86................34220
654  Fishery Management Plan notice.................................5714
654.5  Removed.....................................................30664
654.6  Heading and (a) introductory text and (6) revised; (a) (1) 
        through (7) amended; (a) (8) through (24) added............30664
654.20  (b) revised; (e) added.....................................30664
654.22  Revised....................................................30664
655  Specifications.................................................959,
10552, 11742, 17189, 28241, 29555, 31774, 31775, 34644, 39377, 39755
    Inseason adjustments............................................9966
    Purchase ratios................................................42237
655.2  Amendment efective date deferred............................11451
655.4  (a), (b)(1), (c), and (d) revised; (b)(2)(xi) redesignated 
        as (b)(2)(xii); new (b)(2)(xi) added.......................10550
655.7  Introductory text and (a) through (m) redesignated as (a) 
        introductory text and (a) (2) through (14); new (a) 
        introductory text revised; (n) removed; (a) (1) and (15) 
        and new (b) added..........................................10550
655.20  Revised....................................................10550
655.21  (a)(2), (b)(1)(iv) (A) and (B), (2), and (3) revised.......10551
    (a)(2), (b) introductory text, (1), (2) introductory text, (i) 
and (ii) introductory texts, (A)(1), (B)(1), (C)(3), and (c) 
revisions effective date deferred..................................11451
655.22  (a) and (c) revised; (b) and (d) amended...................10552
    (a) and (b) revisions and (f) addition effective date deferred
                                                                   11451
655.23  Removed; new 655.23 redesignated from 655.24...............10552
    Introductory text revision, (a)(1) and (b)(1) removals, and 
(a)(2) and (b)(2) redesignations as (a)(1) and (b)(1) effective 
date deferred......................................................11451
655.24  Redesignated as 655.23.....................................10552
658.1  (d) added; interim emergency eff. to 7-9-86.................17489
    (d) removed; eff. 7-2-86.......................................24675
658.2  Amended; interim emergency eff. to 7-9-86...................17489
    Amendment removed; eff. 7-2-86.................................24675
658.5  (c) added; interim emergency eff. to 7-9-86.................17489
    Effective date confirmed; OMB number...........................19553
    Correctly designated...........................................22525
    (c) removed; eff. 7-2-86.......................................24675
658.7  (n) added; interim emergency eff. to 7-9-86.................17489
    (n) removed; eff. 7-2-86.......................................24675
658.25  (a) suspended; (c) added; interim emergency eff. to 7-9-86
                                                                   17489
    (a) suspension terminated; (c) removed; eff. 7-2-86............24675
661  Final fishery management measures.............................16520
    Temporary regulations.........................................18795,
21175, 24842, 26899, 28954, 29471, 29654, 29932, 30066, 30364, 30867, 
32091

[[Page 508]]

    Season reopened..................................19350, 19844, 26159
    Final fishery management measures corrected....................19350
    Revised fishery management measures............................24352
    Inseason adjustments..........................................24353,
26388, 26389, 26900, 27859, 28717, 29234, 30867
661.21  (b) (1) through (7) suspended; new (b) (8) through (12) 
        added; emergency eff. to 8-13-86...........................18453
    Emergency effectiveness extended to 11-11-86...................28717
661  Appendix amended; emergency eff. to 8-13-86...................18453
    Appendix amendment emergency effectiveness extended to 11-11-
86.................................................................28717
662  Final quotas..................................................32334
663  Specifications.................................................1255
    Inseason adjustments.....................................8683, 12622
    Restrictions..............................30365, 31776, 34645, 37912
    Temporary regulations...................................37913, 43357
663.27  (b)(3) suspended; (b)(4) added; interim emergency eff. to 
        11-19-86...................................................29935
    (b)(3) suspension and (b)(4) addition interim emergency 
effectiveness extended.............................................41969
671  Inseason adjustments.....................................757, 28242
    Temporary regulations..........................................3468,
3602, 4170, 4603, 4753, 4754, 6543, 10633, 11041, 15346, 19845
      Suspended; interim emergency eff. to 1-29-87.................40029
671.21  (a) Table 1 suspended in part; interim emergency eff. to 
        4-14-86.....................................................2894
    Suspension effectiveness corrected..............................4369
    (a) Table 1 suspended in part; interim emergency eff. to 6-16-
86; (a) Table 1 amended; (b) suspended; (d) added; interim 
emergency eff. to 7-14-86..........................................12859
672  Specifications..................................................956
    Inseason adjustments...........................................4603,
5198, 7446, 9658, 16058, 41797
    Temporary regulations.........................................15347,
16059, 17632, 19351, 21176, 24353, 33614, 36404
    Temporary regulations corrected................................28385
672.2  Amended; interim emergency eff. to 6-6-86....................8503
    Interim emergency effectiveness extended.......................20832
672.20  (a) Table 1 revised; interim.................................958
    (a) Table 1 amended; (a)(4) added; interim emergency eff. to 
8-20-86............................................................19207
    (b) suspended; (f) added; interim emergency eff. to 9-2-86.....20662
    Technical correction...........................................21772
    (a) Table 1 amendment and (a)(4) addition interim emergency 
effectiveness extended to 11-18-86.................................30218
    (b) suspension and (f) addition interim emergency 
effectiveness extended to 11-30-86.................................30663
672.21  Added; interim emergency eff. to 8-20-86...................19208
    Technical correction...........................................21772
    Addition interim emergency effectiveness extended to 11-18-86 
                                                                   30218
672.24  (c) added; interim emergency eff. 6-6-86....................8504
    (b) (1) and (2) suspended; (b) (3), (4), and (5) added; 
interim emergency eff. to 9-2-86...................................20662
    Interim emergency effectiveness extended.......................20832
    (b)(4) corrected...............................................22287
    (b) (1) and (2) suspension and (b) (3), (4), and (5) additions 
interim emergency effectiveness extended to 11-30-86...............30663
674  Temporary regulations........................................25528,
26159, 27860, 29107, 30365, 32214, 32478
674.21  (a)(2) revised.............................................28244
675  Specifications..................................................956
    Inseason adjustments..........................................16058,
25529, 27412, 33613, 41797
    Specifications and inseason adjustments........................18333
    Temporary regulations..........................................23079
675.2  Amended; interim emergency eff. to 1-20-87..................37412
    Technical correction...........................................40810
675.7  (g) redesignated as (h); new (g) added; interim emergency 
        eff. to 9-2-86.............................................20657

[[Page 509]]

    (g) redesignation as (h) and new (g) addition interim 
emergency effectiveness extended to 12-2-86........................32334
675.20  (a) Table 1 revised; interim.................................959
    (c)(1) suspended; (e) added; interim emergency eff. to 9-2-86 
                                                                   20657
    Effectiveness corrected.................................22525, 23079
    (c)(1) suspension and (e) addition interim emergency 
effectiveness extended to 12-2-86..................................32334
    (a)(7) revised; (a)(8) through (10) added; interim emergency 
eff. to 1-20-87....................................................37412
    Technical correction...........................................40810
675.21  Added; interim emergency eff. to 9-2-86....................20657
    Addition interim emergency effectiveness extended to 12-2-86 
                                                                   32334
675.22  Added; interim emergency eff. to 9-2-86....................20659
    Addition interim emergency effectiveness extended to 12-2-86 
                                                                   32334
681.2  Amended......................................................8508
681.7  (b)(2) and (3) amended.......................................8508
    (b)(1) suspended; (b)(7) added; interim emergency eff. to 12-
26-86..............................................................34993
    (b)(1) suspended; (b)(7) added; interim emergency eff. to 3-
26-87..............................................................46863
681.21  Revised.....................................................8508
    681.23  (a) and (b) suspended; (c) and (d) added; interim 
emergency eff. to 12-26-86.........................................34993
    (a) and (b) suspended; (c) and (d) added; interim emergency 
eff. to 3-26-87....................................................46863
683  Added.........................................................27414
683.7  (d)(2) corrected............................................30367
683.9  (d)(1) introductory text and (3)(i) corrected...............30367
    (e) through (i) correctly designated...........................32215
683.21  (b)(2)(vii) corrected......................................30367

                                  1987

50 CFR
                                                                   52 FR
                                                                    Page
Chapter VI
603  Suspended; interim eff. to 12-31-87...........................26686
604  Removed.......................................................36780
604.1  (b) table amended (OMB numbers)...............21544, 23838, 27816
    (b) table amended (OMB numbers); eff. 10-23-87.................35719
    (b) table entries transferred to 204.1(b) table (OMB numbers) 
                                                                   36780
605  Added; interim eff. to 12-31-87...............................26686
611  Specifications.................................................785,
3248, 37464, 41560
    Specifications corrected........................................3916
    Preliminary reassessment.......................................29528
    Temporary regulations and inseason adjustments.................31032
    Harvest quotas.................................................31631
    Annual harvest and processing reassessment.....................33593
    Inseason adjustments.............................37463, 38428, 41303
    Inseason adjustment corrected..................................39329
    Temporary regulations...................................43199, 44597
    Temporary regulations corrected................................46484
611.22  (a), (b)(1), (c) and (d) revised.............................422
    Technical correction............................................1917
611.60  (a)(3) effectiveness extended..............................36578
611.61  (b)(3) effectiveness extended; (b)(4) removed eff. 1-1-88 
                                                                   36578
611.81  Revised.....................................................5984
611.92  (c)(1) (i) and (ii), (2)(ii)(A) and (g) suspended; (c)(1) 
        introductory text revised; (c)(1) (iii) and (iv), 
        (2)(ii)(D) and (i) added; interim emergency eff. to 3-31-
        87...........................................................426
    (c)(1)(i) and (ii), (2)(i)(C) and (ii)(A), and (g) revised......7872
    Interim emergency effectiveness extended.......................10761
611.93  (b)(3)(ii)(A) suspension and (b)(3)(ii)(D) addition 
        interim emergency effectiveness extended....................2235
    (b)(1)(iii), (c)(2)(ii)(E)(2)(iv), (F), and (G) and Figure 1 
added...............................................................8598

[[Page 510]]

    (b)(1)(ii)(E) removed and Table 1 amended; (b)(1)(ii) 
introductory text and (A) and (iii) revised........................45969
    Effective date corrected.......................................48362
621.3  Removed; new 621.3 redesignated from 621.4..................10340
621.4  Redesignated as 621.3.......................................10340
630  Effectiveness extended in part................................36578
630.5  (b) and (c) effectiveness extended to 10-31-88..............42295
630.7  (a) (5), (7), and (8) removed eff. 1-1-88...................36578
630.21  Removed eff. 1-1-88........................................36578
630.23  Removed eff. 1-1-88........................................36578
638.2  Amended.....................................................36781
638.4  (a)(2) and (h) amended......................................36781
638.5  Introductory text amended...................................36781
638.6  (b)(2) amended..............................................36781
638.22  (a)(2) and (c) amended.....................................36781
640  Technical correction..........................................23450
640.1  Amended.....................................................22659
640.2  Amended.....................................................22659
640.3  (a) amended; (c) revised....................................22659
640.4  Amended.....................................................22659
640.6  (g) and (h) amended; (i) revised............................22659
640.7  Introductory text, (a) through (r) and (s) redesignated as 
        (a) introductory text, (1) through (18) and (b); new (a) 
        introductory text, (4), (6), (7), (10) and (11) and new 
        (b) revised; new (a) (5), (15) and (18) amended; (a) (19, 
        (20) and (21) added........................................22659
640.20  (d) amended................................................22659
640.21  (a) and (c) revised........................................22659
640.22  (b) revised................................................22659
640.23  (b)(1) amended.............................................22659
641  Nomenclature change............................................5118
641.2  Amended...............................................5118, 36781
    Amended; eff. 10-23-87.........................................35719
    Corrected...............................................37799, 39537
641.5  Heading revised; text added; eff. in part 10-23-87..........35719
    (h) introductory text corrected................................37799
641.7  Introductory text designated as (a) and revised; (a) 
        through (q) and (r) redesignated as (a) (1) through (17) 
        and (b); new (a)(14) amended; (a)(18) added; eff. in part 
        10-23-87...................................................35720
641.8  (d)(1) footnotes 1 and 2 amended............................36781
641.22  Introductory text amended; Figure 2 redesignated as Figure 
        3..........................................................35720
641.24  (b)(4) revised..............................................5118
    (b)(4)(iv) amended; Figure 3 redesignated as Figure 4..........35720
642  Temporary regulations.........................................2113,
4019, 4627, 35720, 42296, 47724, 49162, 49415
642.2  Amended; interim emergency eff. to 3-31-87....................289
    Interim emergency effectiveness extended.......................10762
    Amended..........................................23838, 36579, 46091
642.3  (c) amended.................................................23841
    (b) revised....................................................36579
642.4  (c) removed; (d) through (k) redesignated as (c) through 
        (j); (a), (b), new (c), (e), (f), and (g) revised; new (k) 
        added......................................................23838
    (a) (1), (2) and (3) amended; (d) revised......................46091
642.5  (a) introductory text and (1) revised.......................23839
    (a) introductory text, (b) introductory text, and (c) 
introductory text amended..........................................23841
642.6  (a) introductory text revised...............................23839
642.7  (a)(20) suspended; (a)(31) and (32) added; interim 
        emergency eff. to 3-31-87....................................289
    (a)(20) interim emergency suspension effectiveness extended; 
(a) (31), (32), and (33) added; interim emergency eff. to 6-29-87 
                                                                   10762
    (a) (5), (6), (17) through (22), and (27) through (30) 
revised; (a)(31) added.............................................23839
    (a) (3), (4), and (12) amended.................................23841
    (a)(9) amended.................................................36579
642.20  Revised....................................................23840

[[Page 511]]

642.21  (d) and (e) suspended; (g) and (h) added; interim 
        emergency eff. to 3-31-87....................................289
    (d) and (e) interim emergency suspension effectiveness 
extended...........................................................10762
    (g) and (h) removed; interim emergency eff. to 6-29-87.........10763
    (a)(3) amended; (a)(1)(iii) and (e) removed; (a)(1) 
introductory text, (i), and (ii), (2), (c) and (d) revised; (f) 
redesignated as (e) and revised....................................23840
    Revised........................................................25013
    (a)(1) (i) and (ii) corrected..................................33594
    (a)(1) (i) and (ii) amended....................................36579
642.22  Revised....................................................23840
642.23  (a) and (b) amended........................................23841
    (a)(2) revised.................................................36579
642.24  Revised....................................................23840
642.26  (a)(1) introductory text and (iii) and (2) amended.........23841
    (a)(1) introductory text and (ii), (b) (1) and (2), (c)(3)(i) 
(B) and (E) and (4) and Table 1 amended............................36579
642.27  (b), (c), (f)(1)(ii), (2), and (3) revised.................23840
642.28  (g) through (j) added; interim emergency eff. to 3-31-87 
                                                                     290
    (i) and (j) interim emergency addition effectiveness extended 
                                                                   10762
    (g) and (h) revised; interim emergency eff. to 6-29-87.........10763
    Revised........................................................23841
    (a) revised....................................................25014
642.29  Revised....................................................23841
642  Appendix A amended............................................23841
646.1  Amended......................................................9866
646.2  Amended................................................9865, 9866
646.3  (c) amended..................................................9866
646.5  (a), (e), and (f) amended....................................9866
646.6  (a) (17) and (18) amended; (a) (19), (20), and (21) added 
                                                                    9865
    (a) (4), (5), (6), (7), (9), (16), and (18) amended.............9866
646.21  (a), (b), and (c) amended...................................9866
646.22  (b) (4) and (5) amended.....................................9866
646.24  Added.......................................................9866
649.2  Amended.....................................................46091
649.4  (a) (1), (2) and (3) amended; (d) revised...................46091
649.7  (a) introductory text and (b)(2) amended; (a)(5) revised; 
        (c) added..................................................46091
649.20  (a) amended; (b) and (c) revised; (f) removed..............46091
649.21  (a)(1) revised; (a) introductory text, (b) introductory 
        text and (4) (i), (ii), (iii), and (iv), and (c)(1) 
        amended; (c) introductory text, (1), (2) and (3) and (d) 
        redesignated as (c)(1) introductory text, (i), (ii), and 
        (iii) and (d)(1); new (c)(1) introductory text amended; 
        new (c)(2) and (d)(2) added................................46091
649.22  (b)(1) amended.............................................46091
650  Temporary regulations.........................................44130
650.1  Amended......................................................1463
650.2  Amended......................................................1463
650.4  (d) revised.................................................46485
650.7  (a) revised..................................................1463
650.20  Revised.....................................................1463
650.21  Revised.....................................................1463
650.22  Revised.....................................................1464
    (b)(1) correctly designated....................................39537
650.23  Added.......................................................1464
651  Temporary regulations..................................17298, 22327
    Revised (effective date pending in part).......................35094
651.3  (c) corrected...............................................37159
651.4  (a)(1) corrected............................................39537
651.6  (e) corrected...............................................39537
651.21  (a)(2) table corrected......................................3250
    (a)(3) introductory text and (4) corrected; (b)(2)(ii) 
correctly designated...............................................39537
651.23  (a)(1) table corrected.....................................37159
651.25  (a) and (b) corrected......................................37159
652  Temporary regulations.........................................4019,
4020, 10763, 16274, 25014, 39921, 47008
    1987 final quotas...............................................5461
    Inseason adjustments..........................................19352,
32306, 49019
652.1  Existing text designated as (a) and amended; (b) added......27816
652.2  Amended..............................................27816, 27817
652.4  (c) introductory text and (h) introductory text revised; 
        (h)(2) redesignated as (h)(3); new (h)(2) added............27816

[[Page 512]]

    (a)(1) (i) and (ii) amended....................................27817
652.7  (a) introductory text and (f)(1) revised; (m) and (n) 
        redesignated as (n) and (o); new (m) added.................27816
652.10  Amended....................................................27817
652.21  (a)(3), (b)(3), and (c) (2) and (3) revised................27817
652.22  (a)(4) and (f)(1) revised; (f)(2) amended..................27817
653.1  Revised; eff. 10-16-87......................................34921
653.2  Corrected....................................................1917
    Amended; eff. 10-16-87.........................................34921
653.3  (b) revised; (d) added; eff. 10-16-87.......................34922
653.4  (a) revised; eff. 10-16-87..................................34922
653.5  (b)(1) introductory text corrected...........................1917
    (b) introductory text revised; eff. 10-16-87...................34922
653.7  (a) (1), (7), and (8) revised; (a) (15) and (16) amended; 
        (a) (17) through (22) added; eff. 10-16-87.................34922
653.21  Revised; eff. 10-16-87.....................................34922
653.22  Revised; eff. 10-16-87.....................................34922
653.23  (a) and (b) corrected.......................................1917
    Revised; eff. 10-16-87.........................................34922
    (a) corrected..................................................36863
653.24  Revised; eff. 10-16-87.....................................34922
654.2  Amended..............................................36781, 36941
654.3  (b) amended.................................................36781
654.4  (b)(2) amended..............................................36781
654.6  (b) amended.................................................36782
654.20  (c) amended................................................36782
654.22  (a)(2) and (b) amended.....................................36782
654.23  (a) amended................................................36782
655  Specifications.................................................537,
30166, 45197
658.1  (c) amended; (d) added......................................19148
658.2  Amended..............................................19148, 19149
658.5  (c) added; eff. from OMB approval to 8-14-87................19148
    Eff. 5-20-87 to 8-14-87........................................21544
658.6  (a) and (b) amended.........................................19148
658.7  Introductory text and (a) through (l) redesignated as (a) 
        introductory text and (1) through (12); new (a) 
        introductory text revised; (m) removed; new (b) added; new 
        (a) (1), (3), (4), (6), and (8) amended.............19148, 19149
658.9  Amended.....................................................19149
658.21  (b) amended................................................19148
658.22  Amended....................................................19148
658.23  Introductory text designated as (a); (a) and (b)(1)(i) 
        introductory text, (A), and (B), (ii), and (iii) amended 
                                                            19148, 19149
658.24  (a) and (b) amended........................................19148
658.25  (a) amended and suspended; (c) added; eff. to 8-14-87......19148
658.26  Amended....................................................19148
661  Fishery management measures...................................17264
    Temporary regulations.........................................18702,
19149, 24297, 27817, 28562, 28721, 29700, 32015, 32800, 35263
    Fishery management measures correction and clarification.......19353
    Inseason adjustments..........................................24296,
25605, 26013, 27004, 27560, 28268, 29019, 29529, 31033, 32135, 33244
    Inseason adjustment corrected..................................29020
    Inseason adjustments and temporary regulations.................29860
661.1  Revised.....................................................49020
661.2  (e) added; eff. 10-14-87....................................34808
    (a) revised....................................................49020
661.3  Amended; eff. 10-14-87......................................34808
    Amended........................................................49020
661.5  (b)(10) revised; (b) (17) through (20) added; eff. 10-14-87
                                                                   34808
661.20  (a) introductory text revised...............................4148
661.21  (b) revised.................................................4148
    (a) amended....................................................49021
661  Appendix amended..........................................4148-4149
    Appendix II amended............................................49021
662  Harvest quotas................................................31631
663  Specifications..................................................682
    Restrictions....................................................790,
11473, 15726, 27818, 37466, 38429
    Temporary regulations.........................................41304,
42445, 45455
    Inseason adjustments...........................................31034
    Annual harvest and processing reassessment.....................33593
663.21  (a)(2) removed; (a)(3) redesignated as (a)(2)...............4911
663.23  (a) and (b) amended.........................................4911
663.25  Added.......................................................4911
663.26  (c) revised; (g) redesignated as (h); new (g) added.........4911
663.27  (b)(3) amended..............................................4911
671  Suspension interim emergency effectiveness extended to 4-29-
        87..........................................................1632

[[Page 513]]

    Removed........................................................17579
672  Specifications...........................................785, 41560
    Specifications corrected........................................3916
    Temporary regulations..........................................9495,
11991, 12183, 12916, 17404, 20720, 22327, 23552, 27202, 32137, 35424, 
35721, 36039, 43199, 43917, 45342, 48691
    Inseason adjustments..........................................37463,
38428, 41303, 42114
    Inseason adjustment corrected..................................39329
672.2  Amended; interim emergency eff. to 3-31-87....................427
    Amended.........................................................7872
    Amended; interim emergency eff. to 6-16-87......................9172
    Interim emergency effectiveness extended.......................10761
672.5  (a)(3) suspended; (a)(4) added; interim emergency eff. to 
        3-31-87......................................................427
    (a) heading, (3) introductory text, (i), and (iv) revised.......7873
    (a)(5) added; interim emergency eff. to 6-16-87.................9172
    Interim emergency effectiveness extended.......................10761
    (a) (1) and (2) revised........................................49022
672.7  (i) added; interim emergency eff. to 3-31-87..................427
    (h) redesignated as (i); new (h) added..........................7873
    Interim emergency effectiveness extended.......................10761
672.20  Heading revised; (a), (b), (c), (d)(4) and (e) suspended; 
        (d)(5), (f) through (j) added; interim emergency eff. to 
        3-31-87......................................................427
    (b) revised.....................................................2414
    Technical correction............................................3916
    (c), (d), and (e) redesignated as (d), (e), and (f); heading, 
(a), (b), new (e)(4), and (f)(1) revised; new (d)(4) redesignated 
as (d)(5) and revised; new (c) and (d)(4) added; new (d) and (f) 
republished.........................................................7873
    Interim emergency effectiveness extended.......................10761
672.22  Heading, (a), and (b) revised...............................7875
672.24  (c) added; interim emergency eff. to 3-31-87.................430
    (b) (1) and (2) revised; (b)(3) added...........................2414
    Technical correction............................................3916
    (b) revised; (c) added; eff. in part to 12-31-89................7876
    (c) addition interim emergency effectiveness extended..........10761
    (b)(2) corrected; (b)(3) heading correctly added...............12183
674  Temporary regulations........................................26014,
26482, 29020
    Technical correction...........................................30766
674.21  (a)(2) revised.............................................23452
675  Specifications...........................................785, 37464
    Specifications corrected........................................3916
    Temporary regulations.........................................15949,
25232, 28722, 34656, 44597
    Inseason adjustments..........................................18367,
21958, 24297, 29021
    Inseason adjustments corrected..........................19962, 33245
    Temporary regulations and inseason adjustments..........31032, 36270
    Temporary regulations corrected................................46484
675.2  Amended; interim emergency eff. to 3-31-87....................430
    Amendment interim emergency effectiveness extended..............2235
    Amended; eff. in part to 12-31-88...............................8600
    Amendment interim emergency effectiveness extended.............10761
    Amended........................................................11993
675.5  (a)(3) suspended; (a)(4) added; interim emergency eff. to 
        3-31-87......................................................430
    (a)(3) introductory text, (i) and (iv) revised..................8600
    Interim emergency effectiveness extended.......................10761
    (a) (1) and (2) revised........................................49022
675.7  Introductory text revised; (g) redesignated as (j); new 
        (g), (h), and (i) added; eff. in part to 12-31-88...........8600
675.20  (a)(7) revision and (a)(8) through (11) addition interim 
        emergency effectiveness extended............................2235
    (b)(1)(ii) redesignated as (b)(1)(iii); new (b)(1)(ii), (e), 
(f), and (g) added; (c)(1) revised..................................8600

[[Page 514]]

    (a)(7) revised; (a) (8) through (10) added.....................11993
    (e)(3) introductory text corrected.............................13375
    (b) heading and (c)(1) revised; (b)(3) added; eff. in part to 
12-31-89...........................................................45969
    Effective date corrected.......................................48362
675.21  Revised; eff. to 12-31-88...................................8601
675.22  Revised; eff. to 12-31-88...................................8604
681  Heading revised...............................................47574
681.1  (b) amended..................................................9497
    Revised........................................................47574
681.2  Amended...............................................9497, 47575
681.4  (a) (1) and (k) amended; (b)(2) (ix) through (xiv) revised; 
        (b)(2) (xv) through (xxi) added............................47575
681.5  (d)(1) amended...............................................9497
    (a) introductory text, (1), (2), and (4), (b) introductory 
text, and (c) introductory text amended; (b)(1) (iv), (v), and (d) 
removed; (b)(1) introductory text added and (b)(1) (i), (ii), and 
(iii), and (2) revised.............................................47575
681.7  (b)(1) revised; (a)(12) amended..............................9497
    (a) (1), (7), and (12), (b)(1)(i), (2), (3), and (4), and 
(c)(1) introductory text, (2), (3) and (4) amended.................47575
681.10  (b) amended................................................47575
681.20  Amended.....................................................9497
    Nomenclature changes...........................................47575
681.21  Revised....................................................47575
681.22  Nomenclature change........................................47575
681.23  Revised.....................................................9497
    (b) amended....................................................47575
681.24  (a) and (b) amended; (c) and (d) added.....................47575
681.25  Nomenclature changes.......................................47575
681.26  (a) amended................................................47575
681.27  (a), (b), and (d) introductory text amended................47575
681.28  (a) introductory text amended..............................47575
681.30  Nomenclature changes.......................................47575
681.32  Nomenclature change........................................47575
681.34  Nomenclature change........................................47575
681.35  Nomenclature change........................................47575
683.24  (a) introductory text revised; (d) (1) and (2) 
        redesignated as (d) (2) and (3); new (d)(1) added..........38103
685  Added..........................................................5987
685.2  Corrected...................................................32015
685.6  (d) (1), (2), (3) and (4) corrected.........................12641

                                  1988

50 CFR
                                                                   53 FR
                                                                    Page
Chapter VI
601.37 (Subpart D)  Added..........................................39304
602.2  (b) amended.................................................24645
602.12  (c)(1) amended.............................................24645
602.13  (d)(2) amended.............................................24645
602.10--602.17 (Subpart B)  Appendix A amended.....................24645
611  Specifications.................................................741,
890, 894, 31009
    Specifications corrected........................................2147
    Eligibility criteria...........................................29337
    Temporary regulations...................................31872, 32051
    Harvest quotas.................................................32394
    Inseason adjustments...........................................52714
611.1  (a) revised.................................................13412
611.2  Amended..............................................13412, 24646
611.3  (a)(1) revised..............................................13412
    (e)(2) amended.................................................24653
611.4  (a), (c) (1), (2), (3), (7), (8) and (9), and (f)(1) 
        amended....................................................24653
611.7  (a) (8), (9), and (23) and (b)(2) amended...................24653
611.8  (a) and (b) introductory text and (1) amended...............24653
611.9  (a)(2), (c) introductory text, (d)(1), and (h) amended......24653
611.10  (e) amended................................................24653
611.12  (c) (1), (2), and (3) amended..............................24653
611.15  (a) and (b) amended........................................24653
611.1--611.16 (Subpart A)  Appendix C amended......................24647
    Appendixes B, C, F, I, J, and K amended........................24653
611.20  (c) amended................................................24651
611.22  (a), (b)(1), (c) and (d) revised.............................138
    Technical correction............................................3401
    (f)(2) amended.................................................24653
611.50  (a) Figure 1 map revised...................................24652
    (a) amended....................................................24653

[[Page 515]]

    (b)(4)(ii) amended.............................................39477
    Technical correction...........................................43319
611.60  (a) (1) and (2), (c)(2), and (d) amended...................24653
611.61  (a) amended................................................24653
611.62  (a) amended................................................24653
611.70  (a) and (j)(4)(iv) amended.................................24653
611.80  (a) amended................................................24653
611.82  (a), (b)(1) introductory text, (f), and (h)(2) amended.....24653
611.90  (a), (d), and (f) (1) and (2) amended......................24653
611.92  (b), (c)(1) heading and (i) revised.........................7759
    (c)(2)(ii)(A) amended...........................................7762
    (a) amended....................................................24653
619.3  Amended.....................................................24653
619.4  (a)(1) and (b) amended......................................24653
620  Added.........................................................24653
620.8  (d) (1), (2), and (3) corrected.............................27798
621.1  (a), (b), and (c) amended...................................24655
621.2  (a) introductory text and (4), (b), and (c) amended.........24655
621.3  Revised.....................................................24655
625  Added.........................................................39477
    Technical correction...........................................43319
630.1  (b) amended.................................................24660
630.2  Amended..............................................24655, 27694
630.3  Revised.....................................................24655
630.4  (a) amended.................................................24660
630.5  Heading revised.............................................24656
630.6  (a) introductory text amended...............................24660
    (a) revised....................................................27694
630.7  (a) introductory text, (5), (7) through (11), and (13) 
        through (17) and (b) removed; (a)(1) through (4), (6), and 
        (12) redesignated as (a) through (f) and amended; 
        introductory text added....................................24656
    (f) redesignated as (h); new (f) and (g) added.................27694
630.8  Revised.....................................................24656
630.9  Revised.....................................................24656
630.21  (a) (3), (4), and (5) amended..............................24660
    Amendments at 53 FR 24660 removed..............................27693
638.1  (b) amended.................................................24660
638.2  Amended....................................................24655,
                                                            24660, 38294
638.3  (a) revised; (c) removed....................................24655
    (b) amended....................................................24660
638.4  (h) removed.................................................24656
638.5  Introductory text revised; (d) and (f) through (l) removed; 
        (e) redesignated as (d); (a) through (d) amended...........24656
    Technical correction...........................................27798
638.6  Revised.....................................................24656
638.7  Revised.....................................................24656
    Redesignated as 638.8; new 638.7 added.........................24656
    Amended........................................................38294
638.8  Redesignated from 638.7.....................................24656
640.2  Amended.......................................17196, 24655, 38294
    Corrected......................................................39581
640.3  (b) and (c) removed; (a) redesignated as (b); new (a) added
                                                                   24655
640.7  (a) (20) and (21) amended; (a) (22), (23), and (24) added 
                                                                   17196
    Heading revised; (a) introductory text, (2), (13) through 
(18), and (21) and (b) removed; (a)(1), (3) through (12), (19), 
(22), (23), (24), and (20) redesignated as (a) through (p); new 
(a) through (n) and (p) amended; introductory text added...........24656
640.8  Revised.....................................................24656
640.9  Revised.....................................................24656
640.20  Revised....................................................17196
640.21  (c) revised................................................17196
640.22  (b) revised................................................17197
641.2  Amended..............................................24655, 38294
641.3  Revised.....................................................24655
641.5  Heading revised.............................................24656
    (a), (b) introductory text, (c) introductory text, (d) 
introductory text, (g) introductory text and (5), (h) introductory 
text and (i) amended...............................................38294
641.7  (a) introductory text and (11) through (17) and (b) 
        removed; (a)(1) through (10) and (18) redesignated as (a) 
        through (k); new (a) through (j) amended; introductory 
        text added.................................................24656
641.8  Revised.....................................................24656
641.9  Revised.....................................................24656
641.23  (b)(3) redesignated as (b)(2) and revised..................30847
642  Temporary regulations.........................................3401,

[[Page 516]]

39097, 40231, 47718, 49325, 51280
642.2  Amended..............................................24655, 38294
    Technical correction...........................................27693
642.3  (a) revised; (b) removed; (c) redesignated as (b)...........24655
642.5  Heading revised.............................................24656
    (a) introductory text and (3), (b) introductory text, (c) 
introductory text, and (e) amended.................................38294
642.7  (a) introductory text, (1), (7) through (12), and (24) and 
        (b) removed; (a)(2) through (6), (13) through (22), (25) 
        through (31) and (23) redesignated as (a) through (w); new 
        (a) through (u) and (w) amended; introductory text added 
                                                                   24656
642.8  Revised.....................................................24656
642.9  Revised.....................................................24656
642.21  (a)(1) introductory text, (i) and (ii) and (2), (b) (1) 
        and (2), (c) (1) and (2), and (d) (1) and (2) amended......25613
    (a)(2) amended; interim emergency eff. to 2-1-89...............45098
642.28  (a) (2) and (3) revised; (a)(4)(iii) removed; (a)(5) added
                                                                   25614
644  Added; eff. in part 10-28-88 and 12-27-88.....................37769
644.7  (e) amended; eff. to 12-26-88...............................45099
644.24  (c) added; eff. to 12-26-88................................45099
645.1  (b) amended.................................................24660
645.2  Amended..............................................24655, 24660
645.3  Revised.....................................................24655
645.5  Heading revised.............................................24656
645.6  (c) (2) and (3) amended.....................................24660
645.7  Introductory text revised; (b) and (i) through (o) removed; 
        (c) through (h) redesignated as (b) through (g); (a) 
        through (g) amended........................................24656
645.8  Revised.....................................................24656
645.9  Revised.....................................................24656
645.22  (a) introductory text amended..............................24660
646.2  Amended..............................................24655, 38294
646.3  (a) revised; (b) removed; (c) redesignated as (b)...........24655
646.6  (a) introductory text and (10) through (16) and (b) 
        removed; (a) (1) through (9) and (17) through (21) 
        redesignated as (a) through (n); new (a) through (m) 
        amended; introductory text added...........................24656
646.7  Revised.....................................................24656
646.8  Revised.....................................................24656
649.2  Amended.....................................................24655
649.3  Existing text amended and designated as (b); (a) added......24655
    Revised........................................................24655
649.5  Heading revised.............................................24656
649.7  (a) introductory text and (b) introductory text revised; 
        (b)(1), (6) through (9), (11), (12), and (13) removed; 
        (b)(2), (3), (5), and (10) redesignated as (b)(1), (2), 
        (3), and (5); (a)(1) through (7) and new (b)(1) through 
        (5) amended................................................24656
649.8  Revised.....................................................24656
649.9  Revised.....................................................24656
649.22  (a)(2) amended.............................................24657
650.2  Amended..............................................23636, 24655
650.3  Revised.....................................................24655
650.5  Heading revised.............................................24656
650.7  (m) amended.................................................23636
    Introductory text revised; (e), (g) through (j), (l), (m), and 
(n) removed; (d), (f), and (k) redesignated as (e), (d), and (f); 
new (a) through (f) amended........................................24657
650.8  Revised.....................................................24656
650.9  Revised.....................................................24656
650.20  (a) amended; (c) added.....................................23636
650.24  Added......................................................23636
651.2  Amended.....................................................24655
651.3  Heading revised; (b) removed; (a) redesignated as (b); new 
        (a) added..................................................24655
651.5  Heading revised.............................................24656
651.7  (a) introductory text revised; (b)(6), (7), (11) through 
        (14), (16), and (17) and (c) removed; (b)(8), (9), (18), 
        (10), and (15) redesignated as (b)(6)through (10); (a)(1) 
        and (b)(1) through (6), (9), and (10) amended..............24657
651.8  Revised.....................................................24656
651.9  Revised.....................................................24656

[[Page 517]]

651.20  (b)(1) suspended; (a)(3), (b)(4), and Figure 5 added; 
        interim emergency eff. to 3-31-88...........................5774
652  Harvest quotas.................................................8632
    Temporary regulations.........................................20854,
36462, 50970
652.2  Amended.....................................................24655
652.3  Revised.....................................................24655
652.5  Heading revised.............................................24656
652.7  (d), (f), and (o) removed; (e), (g), (h) introductory text, 
        and (i) through (n) redesignated as (d) through (l); (a) 
        introductory text, (b), (c), new (d), (e), (f) 
        introductory text, (g), (h), (i), (k), and (l) amended; 
        introductory text and new (m) added........................24657
652.8  Revised.....................................................24656
652.9  Revised.....................................................24656
652.23  (b)(2)(i) revised...........................................4630
653.2  Amended....................................................24655,
24664, 38294
653.3  (a) revised; (b) removed; (c) and (d) redesignated as (b) 
        and (c)....................................................24655
    (c) revised....................................................24664
653.4  Text removed................................................24664
653.5  Heading revised.............................................24656
    (a), (b), (c) (4) and (5), (d), (f), and (g) removed; (c) and 
(e) redesignated as (a) and (b); new (a)(2) amended; new (a)(3) 
revised............................................................24664
    (a) introductory text amended..................................38294
653.7  (a) (8), (17) through (19), (21) and (22) suspended; (c) 
        added; interim emergency eff. to 3-30-88.....................246
    (a) (8), (17) through (19), (21) and (22) suspension and (c) 
addition interim emergency effectiveness extended to 6-28-88........7368
    (c) redesignated as (o); eff. to 6-28-88.......................24657
    (a) introductory text, (6), (9) through (14) and (16) and (b) 
removed; (a)(20), (1) through (5), (7), (8), (17), (18), (19), 
(21), (22), and (15) redesignated as (a) through (n); new (a) 
through (l) and (n) amended; introductory text added...............24657
    (b), (c), (d), and (h) through (m) removed; (e), (f), (g), and 
(n) redesignated as (b) through (e); (a), new (b), and (c) 
amended; new (d) revised...........................................24664
653.8  Revised.....................................................24656
653.9  Revised.....................................................24656
653.20  Revised....................................................24664
653.21  Suspended; interim emergency eff. to 3-30-88.................246
    Suspension interim emergency effectiveness extended to 6-28-88
                                                                    7368
    Revised........................................................24664
653.22  (b), (d) and (e) suspended; (f) added; interim emergency 
        eff. to 3-30-88..............................................246
    (b), (d) and (e) suspension and (f) addition interim emergency 
effectiveness extended to 6-28-88...................................7368
    (a) revised; (b), (d), and (e) removed; (c) redesignated as 
(b)................................................................24664
653.23  Suspended; interim emergency eff. to 3-30-88.................246
    Suspension interim emergency effectiveness extended to 6-28-88
                                                                    7368
    Text removed...................................................24664
653.24  (a)(4) and (b) (2), (3), and (4) revised; (b)(1) amended 
                                                                   24664
    (a) introductory text and (b) amended..........................38294
653  Appendix removed..............................................24664
654.2  Amended..............................................24655, 38294
654.3  (a) and (b) redesignated as (b) and (c); new (a) added; new 
        (c) amended................................................24655
654.4  (b) (1), (2) and (3) and (c) (1) and (2) introductory text 
        amended....................................................24657

[[Page 518]]

654.6  (a) introductory text and (1) through (7) and (b) removed; 
        (a)(8) through (24) redesignated as (a) through (q); new 
        (a) through (p) amended; introductory text added...........24657
654.7  Revised.....................................................24656
654.8  Revised.....................................................24656
654.20  (a), (c), and (d) amended..................................24657
654.22  (a) introductory text, (2), and (4) amended................24657
654.23  (a), (b)(1)(i) and (ii), and (3) amended...................24657
654.24  (a) introductory text, (1), (2), (3), and (8)(i)(B) and 
        (b) amended................................................24657
655  Specifications..........................................6991, 43718
    Specifications corrected.......................................45854
655.1  (a) amended.................................................24660
655.2  Amended..............................................24655, 24660
655.3  Revised.....................................................24657
655.5  Heading revised.............................................24656
655.7  Heading revised; (a) introductory text, (2), (3), (4), (6), 
        (7), (9), and (13) removed; (a)(1), (10), (11), (12), 
        (14), and (15) and (b) and (a)(5) and (8) redesignated as 
        (a) through (i); (a) through (e), (g), and (i) amended; 
        introductory text added....................................24657
    Technical correction...........................................27798
655.8  Revised.....................................................24656
655.9  Revised.....................................................24656
655.23  (a) amended................................................24660
657  Added..........................................................4983
657.2  Amended.....................................................24655
657.3  Heading and (a) revised.....................................24655
657.4  (a) introductory text, (3), (4), (6) through (9), and (11) 
        and (b) removed; (a)(1), (2), (5), and (10) redesignated 
        as (a) through (d) and amended; introductory text added....24658
657.5  Revised.....................................................24656
657.6  Revised.....................................................24656
658  Fishery management plan.......................................49992
658.2  Amended..............................................24655, 38294
658.3  (a) revised; (c) removed....................................24655
658.5  (c) added; interim emergency eff. to 7-31-88................22000
    Heading revised................................................24656
    (a) introductory text and (4) and (b) introductory text 
amended............................................................38294
658.7  (a) introductory text, (1), (4), (6) through (10), and (12) 
        and (b) removed; (a)(2), (3), (5), and (11) redesignated 
        as (a) through (d) and amended; introductory text added....24658
658.8  Revised.....................................................24656
658.9  Revised.....................................................24656
658.22  Existing text redesignated as (a); new (b) added; 
        emergency eff. to 2-2-89...................................45271
    Figure 1 revised...............................................45273
    (b) corrected..................................................46745
658.25  (a) suspended; (c) added; eff. to 7-31-88..................18841
661  Temporary regulations........................................16415,
22000, 22655, 29338, 29479, 31344, 31872, 32233, 34543, 34760, 35316
    Inseason adjustments..........................................20119,
26599, 28228, 30286, 31343, 35513
    Technical correction...........................................27798
    Temporary regulations and inseason adjustments.................28227
    Plan amendments................................................30285
661.1  Amended.....................................................24658
661.2  Redesignated as 661.3; new 661.2 redesignated from 661.3 
        and amended................................................24658
661.3  Amended; interim emergency eff. to 7-29-88..................16012
    Technical correction....................................19368, 24295
    Redesignated as 661.2 and amended; new 661.3 redesignated from 
661.2..............................................................24658
    (a) through (e) redesignated as (b) through (f); new (a) 
added; new (e) amended.............................................24658
    Amended........................................................24655
661.4  Heading revised.............................................24656
661.5  Heading revised; (b) introductory text and (9) through (13) 
        removed; (a) redesignated as (b) and amended; (b)(1) 
        through (8), (15), (18), (20), (14), (16), (17), and (19) 
        redesignated as (a)(1) through (11), (15), (13), and (14), 
        and (12); new (a) introductory text added..................24658
661.6  Revised.....................................................24656
661.7  Revised.....................................................24656
661  Appendix amended; interim emergency eff. to 7-29-88...........16012

[[Page 519]]

    Technical correction....................................19368, 24295
    Appendix II amendment interim emergency effectiveness extended 
to 10-27-88........................................................29235
662  Harvest quotas................................................32394
662.2  Amended..............................................24655, 24660
662.3  Revised.....................................................24658
662.5  (c) removed.................................................24658
662.6  Introductory text and (c) through (i) removed; (a)(3) and 
        (b) amended; new introductory text added...................24658
662.7  Revised.....................................................24656
662.8  Revised.....................................................24656
663  Specifications...........................................246, 31009
    Restrictions....................................................248,
29480, 36793, 39606
    Plan amendments................................................20634
    Eligibility criteria...........................................29337
    Temporary regulations..........................................32621
663.1  (a) amended.................................................24660
663.2  Amended....................................................22002,
24655, 24660
663.3  (a) and (b) redesignated as (b) and (c); new (a) added......24655
663.4  Heading revised.............................................24656
    Amended........................................................24658
    Existing text designated as (a); (b) added.....................47957
663.7  (b) revised; (o) amended; (p) and (q) added.................22002
    Heading revised; introductory text, (a) through (e), (g), (k), 
and (q) removed; (h), (i), (j), (l), (m), (f), (n), (o), and (p) 
redesignated as (a) through (e), (i), (f), (g), and (h); new (a) 
through (i) amended; new introductory text added...................24658
    (q) amended; (r) added.........................................47957
663.8  Revised.....................................................24656
663.9  Revised.....................................................24656
669.1  (a) and (b) amended.........................................24658
669.2  Amended.....................................................24655
669.3  Revised.....................................................24655
669.4  Amended.....................................................24660
669.5  Heading revised.............................................24656
669.6  (a) and (e) (2) and (3) amended.............................24660
669.7  (a) introductory text, (12) through (15), and (17) through 
        (20) and (b) removed; (a)(1) through (11) and (16) 
        redesignated as (a) through (l) and amended; introductory 
        text added.................................................24658
669.8  Revised.....................................................24656
669.9  Revised.....................................................24656
669.21  Amended....................................................24660
669.23  (a), (b), and (d) amended..................................24660
669.24  (b) (1) and (2) amended....................................24660
672  Specifications..................................................890
    Temporary regulations.........................................16129,
19921, 22327, 23402, 24295, 25491, 26441, 31010, 32051, 36462
    Inseason adjustments....................................23401, 52714
672.2  Amended; interim emergency eff. to 6-7-88....................7940
    Corrected.......................................................9773
    Amended; interim emergency eff. to 9-5-88......................21650
    Amended.......................................................24655,
24660, 44011
672.3  (a) revised..................................................7759
    (b) and (c) removed; (a) redesignated as (b) and heading 
removed; new (a) added.............................................24658
672.5  Technical correction..........................................991
    (a)(3)(iv) introductory text revised; (a)(3)(iv) (E) and (F) 
redesignated as (a)(3)(iv) (F) and (G); new (a)(3)(iv) (E) and (H) 
and (v) added.......................................................7760
    Heading revised................................................24656
    (b)(3)(v) amended..............................................44012
672.6  Added.......................................................11298
672.7  Introductory text revised; (b) through (f) and (i) removed; 
        (g) and (h) redesignated as (b) and (c); (a), new (b), and 
        (c) amended................................................24658
672.8  Revised.....................................................24656
672.9  Revised.....................................................24656
672.20  (a)(2)(i) redesignated as (a)(2)(ii); (a)(2) introductory 
        text, (c)(1), (d)(2) and (5)(i) and (e)(1) revised; new 
        (a)(2)(i) added; (f)(2)(i) amended..........................7760
    (a)(2)(ii) introductory text, (A), (b)(1), (c)(2) (i), (ii), 
and (iii) (A) and (B) amended.......................................7762
672.22  (a)(1)(iii), (2)(i)(B) and (iii) and (3)(vi) amended........7762
672.23  (b) revised................................................44012
672.24  (b) (1) and (2) revised.....................................6650
    (b) (1), (2), and (3) (i) and (ii) amended......................7762
674  Temporary regulations........................................26779,
28403, 31010, 34303, 35317, 36289

[[Page 520]]

    Inseason adjustments...........................................35080
674.1  (a) and (b) amended.........................................24659
674.2  Amended..............................................24655, 24660
674.3  Revised.....................................................24659
674.5  Heading revised.............................................24656
    Amended........................................................24660
674.7  Introductory text revised; (c) through (i) removed; (a) 
        introductory text and (b) amended..........................24659
674.8  Revised.....................................................24656
674.9  Revised.....................................................24656
674.21  (a)(2) revised.............................................25493
674.23  (a)(1) and (b)(2) (ii) and (iii) amended...................24660
675  Specifications..................................................894
    Specifications corrected........................................2147
    Temporary regulations..........................................4178,
7941, 19303, 21454, 22328, 25493, 37581, 39479, 39744, 47544, 49994
    Inseason adjustments..........................................12772,
16552, 18841, 23402, 26599, 28229, 33140, 35081, 38725, 39097, 40894, 
47545, 49552
    Inseason adjustments corrected.................................39718
    Technical correction...........................................27798
675.1  (a)(2) amended..............................................24659
675.2  Amended..............................................24655, 24660
675.3  Revised.....................................................24659
675.5  Technical correction..........................................991
    (a)(3)(iv) introductory text revised; (a)(3)(iv) (E) and (F) 
redesignated as (a)(3)(iv) (F) and (G); new (a)(3)(iv) (E) and (H) 
and (v) added.......................................................7761
    Heading revised................................................24656
675.7  Revised.....................................................24659
675.8  Revised.....................................................24656
675.9  Revised.....................................................24656
676.2  Amended.....................................................24655
676.3  (a) and (b) redesignated as (b) and (c); new (a) added......24655
676.5  Heading revised; introductory text and (c) through (i) 
        removed; (a) and (b) amended; new introductory text added 
                                                                   24659
676.6  Revised.....................................................24656
676.7  Revised.....................................................24656
680.1  (a) and (b) amended.........................................24660
    (b) revised....................................................27521
680.2  Amended.....................................................24655
    Amended.................................................27521, 27523
680.3  Existing text amended and designated as (b); (a) added......24655
680.4  (k) amended.................................................27523
680.5  (a)(3) removed; (a)(4) redesignated as (a)(3)...............27523
680.7  (a) introductory text revised; (a)(6) through (13) removed; 
        (a) (1), (2)(iv), (4), and (5) amended.....................24659
680.8  Revised.....................................................24656
680.9  Revised.....................................................24656
680.10  Added......................................................27521
680.21  (c)(3) amended.............................................24659
    (a) Table 1 amended............................................27523
680.25  (a) and (b) amended........................................24660
681.1  (b) amended.................................................24659
    (a) amended....................................................24660
681.2  Amended.....................................................24655
681.3  Heading revised; existing text designated as (b); (a) added
                                                                   24655
681.4  (b)(2)(xxi) revised.........................................52999
681.5  (a) (3), (4) and (5) amended; (b)(2)(x), (4) and (5) and 
        (c)(4) (iii) and (iv) removed; (b)(2) (viii) and (ix), (c) 
        introductory text, (3), (4) introductory text, (i) and 
        (ii) revised...............................................52999
681.7  (a) introductory text revised; (a) (4) and (7) through (13) 
        removed; (a)(5) and (6) redesignated as (a)(4) and (5); 
        (a), (b)(2) through (5), and (c)(2) and (3) amended........24659
681.8  Revised.....................................................24656
681.9  Revised.....................................................24656
681.24  (c) introductory text and (1) revised; (c)(3) added........52999
683.1  (a) amended.................................................24660
683.2  Amended....................................................24655,
24660, 29908
683.3  Heading revised; existing text designated as (b); (a) added
                                                                   24655
683.4  Heading revised.............................................24656
683.5  (a) (1) through (5) amended.................................24660
    (a)(2) (i) and (ii) added......................................29908
683.6  Heading and introductory text revised; (a) through (e), 
        (g), and (h) removed; (f), (i), (j), and (k) redesignated 
        as (d), (b), (a), and (c); new (b) and (d) amended.........24659

[[Page 521]]

    (k), (l), (m), and (n) added...................................29909
683.7  Revised.....................................................24656
683.8  Revised.....................................................24656
683.10  Added......................................................29909
683.11  Added......................................................29909
683.21  (a) and (f) revised........................................29909
683.25  Redesignated as 683.26; new 683.25 added...................29909
683.26  Redesignated from 683.25...................................29909
683.27  Added......................................................29911
683.28  Heading added..............................................29911
685.2  Amended.....................................................24655
685.3  Heading revised; existing test designated as (b); (a) added
                                                                   24655
685.4  Heading revised.............................................24656
685.5  (a) introductory text, (1) through (5), (7), and (8) and 
        (b) removed; (a)(6), (9), and (10) redesignated as (c), 
        (a), and (b); new (a) and (c) amended; introductory text 
        added......................................................24659
685.6  Revised.....................................................24656
685.7  Revised.....................................................24656

                                  1989

50 CFR
                                                                   54 FR
                                                                    Page
Chapter VI
600  Added..........................................................1704
601  Revised........................................................1706
602  Revised.......................................................30833
602.11  (c)(9)(ii) corrected.......................................31640
602.13  (d)(1)(v) and (2) corrected................................31640
602.14  (b)(1) corrected...........................................31529
602.17  (b)(2)(v) and (c) corrected................................31640
602.10--602.17 (Subpart B)  Appendix A corrected...................31529
604  Added..........................................................1710
605  Added..........................................................1712
611  Specifications..................................................32,
3605, 32819, 43821
    Restrictions.....................................................299
    Specifications corrected........................................2039
    Catch monitoring................................................3039
    Specifications, inseason adjustments, etc.......................6524
    Regulation at 54 FR 32819; eff. 9-15-89........................37109
    Temporary regulations..........................................37110
611.1--611.16 (Subpart A)  Appendix A amended......................47681
    Appendix A corrected...........................................50306
611.1  (c) revised; interim........................................21925
611.3  (a)(3) revised; interim.....................................21925
611.7  (a) (25) through (27) redesignated as (a) (26) and (28); 
        new (a)(25) added..........................................16371
611.8  (d) through (j) redesignated as (e) through (k); new (d) 
        added; new (f), (h)(1), (2)(ii), and (k)(1)(i) amended.....16371
611.22  (b)(1), (c) and (d) revised.................................6933
611.70  (d)(1) introductory text and (3)(i) revised................18904
611.92  (c)(1)(iii) added; interim emergency; eff. to 6-26-89......13194
    (c)(1)(iii) effective date extended to 9-23-89.................27384
    (c)(2)(i) introductory text revised............................50394
611.93  (c)(2)(ii) (F) and (G) suspended; (H) and (I) added; 
        emergency interim; eff. to 6-13-89.........................11380
    Corrected......................................................12989
    (b)(1)(iii) suspended; (b)(1)(iv) added temporary; interim 
emergency; eff. to 6-26-89.........................................13194
    (b)(1)(ii) Table 1 amended; (b)(3)(ii)(A) revised; 
(b)(3)(ii)(D) added................................................18523
    (c)(2)(ii) amended eff. to 9-11-89.............................25280
    (b)(1)(iii) and (iv) effective date extended to 9-23-89........27384
    (b)(5) added; eff. to 12-31-90.................................32648
    (b)(3)(i) introductory text revised; (c)(2) through (4) 
redesignated as (c)(3) through (5); new (c)(2) added...............50394
620.3  (d) revised.................................................50394
642  Temporary regulations..........................................153,
306, 14360, 43970, 53322
    Technical correction............................................1471
642.1  (b) revised.................................................29563
642.2  Amended.....................................................29564
642.4  (a) (1), (2), and (3), (b)(3), and (c) amended..............29564
642.5  (a) introductory text, (b) introductory text, (c) 
        introductory text and (e) revised; (a)(2) amended..........29564
642.6  (a) revised.................................................29564
642.7  (x) added; interim emergency; eff. to 5-30-89...............13691

[[Page 522]]

    (k), (m), (n) and (v) amended; (g), (j), (q) and (r) revised; 
(x) added..........................................................29564
642.21  (c)(3) added...............................................29565
    (a)(1) introductory text, (i), (ii), (2), (b) (1), (2), (c) 
(1), (2), (d) (1), and (2) amended.................................30554
    (c)(2) and (d)(2) amended......................................38528
642.22  Heading and (b) revised; (a) amended.......................29565
642.23  (a) (1) and (2) amended; (c) revised.......................29565
642.24  (e) added; interim emergency; eff. to 5-30-89..............13691
    (a) (1) and (2) amended; (a)(3) added; (d) revised.............29565
642.28  (a) introductory text amended..............................29565
644.7  (g) effective date deferred pending OMB approval..............821
644.24  (b) effective date deferred pending OMB approval.............821
646  Technical correction...........................................5938
646.1  (b) revised..................................................1722
646.2  Amended......................................................1722
646.4  Amended......................................................1722
646.6  (b) and (k) amended; (h) and (i) revised; (o) and (p) added
                                                                    1722
    (n) removed; (o) and (p) redesignated as (n) and (o); (l) and 
(m) revised.........................................................8343
646.22  Text revised................................................1722
646.24  (a)(1) and (b) revised; (a)(20), (21), and (c) added........8343
649.2  Amended.....................................................48618
649.20  (b) table revised..........................................48618
649.21  (c) introductory text added; (c)(1) introductory text and 
        (2) revised................................................48618
    (c)(3) added (effective date pending)..........................48618
650  Entry control date............................................16123
651  Figures 1 and 4 revised........................................4802
651.2  Amended.....................................................52804
651.7  (b)(11) added................................................4800
651.20  (a) (1), (2), (b)(1), (c)(2), (d)(1) introductory text, 
        and (2), (f) introductory text, and (3) revised; eff. in 
        part 1-1-90.................................................4800
    Amended; Appendix A added......................................41975
651.21  (a) heading and (1) table amended...........................4801
    (b)(2)(i) suspended; (b)(4) added; eff. to 4-1-89..............10011
651.22  (a)(1) table amended; (c) and (e)(2) revised................4801
651.23  (a) revised.................................................4802
651.26  Added......................................................52804
652  Temporary regulations..................................47682, 49298
    1989 annual quotas..............................................6415
    Inseason adjustments............................................8751
    Area opening...................................................30749
652.23  (a)(4) added; eff. through 11-9-89.........................33701
    (a)(4) effective date extended to 2-7-90.......................47365
654.23  (b) heading added; (b)(1) revised; eff. 10-1-89............38235
    Figure 3 revised; eff. 10-1-89.................................38236
655  Specifications.................................................2134
7777, 10549, 52035
    Specifications corrected.......................................18114
658.5  (c) added (temporary).......................................16125
658.22  Existing text designated as (a); new (b) added; eff. to 
        11-3-89....................................................16125
    (b) revised; Figure 1 suspended; Figure 2 added eff. to 11-3-
89.................................................................36036
    (b) Figure 2 corrected as Figure 1a; interim...................39187
658.23  (b) heading added; (b)(1) revised; eff. 10-1-89............38235
    Figure 4 removed; new Figure 3 added; eff. 10-1-89.............38236
658.25  (a) amended; Figure 3 redesignated as Figure 4.............38238
661  Fishery management plan................................19798, 25462
    Temporary regulations.........................................19904,
25586, 25876, 30390, 41591, 41952
    Fishery management plan corrected.............................24175,
24288, 28818
    Inseason adjustments..........................................24906,
31196, 31841, 37110, 41592
661.2  (d) amended.................................................19191
    Amended........................................................20603
661.4  (a) amended; (b) redesignated as (c); new (b) added 
        (effective date pending)...................................19191
    (b) amended (OMB number).......................................29731
661.5  (a)(8) revised..............................................19191
661.20  (a) introductory text amended; (a)(1)(iii) and (5) added 
        (effective date pending)...................................19191

[[Page 523]]

    (a)(1)(iii) amended (OMB number)...............................29731
661.21  (a) (1), (2), and (3) amended..............................19192
661.22  (a) amended................................................19192
661.23  (a) through (c) revised; (d) removed; (e) and (f) 
        redesignated as (d) and (e)................................19192
661  Appendix amended..............................................19192
    Appendix amended (OMB number)..................................29731
662  Harvest quotas................................................41976
662.20  (b)(1) suspended; (b)(3) added; interim through 12-23-89 
                                                                   40113
    Corrected......................................................41976
    Regulation at 54 FR 40113 effective date extended to 3-23-90 
                                                                   52398
663  Specifications...................................................32
    Specifications corrected........................................2039
    Restrictions....................................................299,
18658, 30046, 31688, 41594
    Restrictions; eff. 10-11-89....................................40113
    Temporary regulations...................................47773, 51886
663.2  Amended.....................................................20603
663.7  Introductory text revised; (r) removed; (j) and (k) added 
                                                                   18904
669.7  (c) amended; (m) added; interim; eff. to 2-28-90............50625
669.21  Existing text designated as (a); (b) added; interim; eff. 
        to 2-28-90.................................................50625
672  Clarification...................................................986
    Specifications, inseason adjustments, etc.......................6524
    Temporary regulations.........................................12204,
12638, 15411, 16126, 18526, 19375, 23662, 24712, 25464, 25717, 26380, 
28423, 28681, 30224, 33556, 37110, 40394, 41101, 41977, 47212
    Specifications.................................................32819
    Mortality formula revision.....................................33701
    Inseason adjustment at 54 FR 32819; eff. 9-15-89...............37109
672.1  (a) revised.................................................18524
672.2  Amended; interim emergency; eff. to 6-26-89.................13194
    Amended.................................................18524, 50395
    Effective date extended to 9-23-89.............................27384
672.3  (b) revised.................................................50397
672.5  (a)(3) (ii) and (iii) removed; (a)(3) (iv) and (v) 
        redesignated as (a)(3) (ii) and (iii); (a)(3) introductory 
        text, (i), and new (ii) revised............................18524
    (b) and (c) redesignated as (d) and (e); (a) and new (d) 
heading revised; new (b) and (c) added.............................50397
672.7  (d) added...................................................50401
672.20  (a)(2) and (f)(1) revised..................................50401
    (f)(2) temporarily suspended; (f)(3) added; eff. to 12-31-90 
                                                                   50401
672.23  Revised....................................................50401
672.24  (c) revised; eff. to 12-31-92..............................50401
672.27  Revised....................................................50404
674  Temporary regulations..................................30225, 33904
674.21  (a)(2) revised.............................................28425
675  Clarification...................................................986
    Catch monitoring................................................3039
    Specifications..................................................3605
    Prohibition on receipt....................................3609, 9216
    Temporary regulations..........................................6134,
6934, 7933, 30390, 31842, 37114, 39741, 41101, 43823, 49298, 53323
    Table 2 added; eff. to 12-31-90................................32651
    Figure 2 revised; eff. to 12-31-90.............................32651
    Inseason adjustments...........................................37112
38686, 41977, 46619, 47683, 51200, 51886
    Prohibition on receipt rescinded........................46268, 53323
    Prohibition of receipt.........................................47684
675.1  (a) revised.................................................18524
675.2  Amended; interim emergency; eff. to 6-26-89.................13194
    Amended.................................................18524, 50404
    Effective date extended to 9-23-89.............................27384
    Amended; eff. to 12-31-90......................................32649
    Corrected......................................................37469
675.3  (b) revised.................................................50404
675.5  (a)(3) (ii) and (iii) removed; (a)(3) (iv) and (v) 
        redesignated as (a)(3) (ii) and (iii); (a)(3) introductory 
        text, (i), and new (a)(3)(ii) revised......................18525
    (b) redesignated as (d); (a) and (d) heading revised; new (b) 
and (c) added......................................................50408

[[Page 524]]

675.7  (c) revised; emergency interim; eff. to 6-13-89.............11380
    Corrected......................................................12989
    (c) amended....................................................25280
    (c) revised; (d) added; eff. to 12-31-90.......................32649
    (e) added......................................................50408
675.20  (b)(3) suspended; emergency interim; eff. to 4-15-89.........417
    (a) heading and (1) Table 1 amended; (a) (6) through (10) 
redesignated as (a) (7) through (10) and (12); new (a)(6), (a)(11) 
and (b)(1)(iv) added; new (a)(10), new (12), and (b)(2) revised....18525
    (e)(1)(iii) and (2)(ii) amended; (e)(4) revised; eff. to 12-
31-90..............................................................32649
    (a)(2) revised.................................................50408
675.21  Added; eff. to 12-31-90....................................32649
    (b)(1) corrected...............................................37469
675.22  Added......................................................11380
    Corrected; eff. 3-15 to 6-13-89................................12989
    Amended; eff. to 9-11-89.......................................25280
    Added; eff. to 12-31-90........................................32651
    (f) added......................................................50408
675.23  Added; emergency interim eff. to 4-15-89.....................417
    Added..........................................................50408
675.24  Added......................................................50408
675.25  Added......................................................50408
676  Removed.......................................................37943
683.6  (k) through (n) at 53 FR 29909 correctly redesignated as 
        (e) through (h).............................................6531

                                  1990

50 CFR
                                                                   55 FR
                                                                    Page
Chapter VI
603  Revised.......................................................31602
611  Inseason adjustments..........................................19738
    Specifications............................................1036, 3223
    Corrected......................................................14286
    Eff. to 1-1-91..................................................1434
    Reapportionment................................................31187
    Temporary regulations...............3229, 22795, 26693, 49283, 46955
611.2  Amended.......................................................293
611.3  (c) revised...................................................293
611.4  (c) (6), (7), and (8) revised.................................294
611.7  (a)(9) revised................................................294
611.10  (b) and (d) revised..........................................294
611.1--611.16 (Subpart A)  Appendix A corrected.....................1591
611.22  (b)(1), (c), and (d) revised...............................11383
611.92  (c)(3) added; interim; eff. to 5-16-90......................6399
    (j) added.......................................................9890
    (c)(3) removed.................................................19266
611.93  (c)(6) added; interim; eff. to 5-16-90......................6399
    (b)(1)(iii) Table 1 amended.....................................8143
    (b)(1)(iii) revised; (j) added..................................9890
    (c)(6) removed.................................................19266
620.7  (i) added; interim; eff. to 8-23-90.........................22337
    (i) added; interim; effective extended to 11-21-90.............35436
628  Added.........................................................18733
630.1  (b) revised.................................................35645
630.2  Amended.....................................................35645
630.4  (e) removed; (f) through (l) redesignated as (e) through 
        (k); new (i) amended; (a) through (d) and new (k) revised 
                                                                   35646
630.5  (a) and (b) removed; (c) redesignated as (a); new (a) 
        introductory text revised; (b) added.......................35646
640.2  Amended.....................................................26448
640.4  Revised.....................................................26449
    Effective date corrected.......................................28631
640.7  (i) and (j) revised; (q) through (u) added..................26449
640.21  (c)(1) and (3) revised; (d) added..........................26449
640.22  (a) revised................................................26450
641  Temporary regulations..........................................8144
641.1  (b) revised..................................................2086
641.2  Amended......................................................2086
641.4  Revised......................................................2087
641.5  (b) introductory text and (2), (c) introductory text, (f), 
        (g) introductory text, and (i) revised; (b)(1) and (3) 
        through (6), (c)(1) through (5), (d) introductory text, 
        (g)(1) through (4), and (h) introductory text amended; 
        (b)(7) and (8) removed; (g)(6) added........................2088
641.6  Revised......................................................2089
641.7  (a) and (b) redesignated as (t) and (u); new (t) amended; 
        eff. to 4-23-90.............................................2089

[[Page 525]]

    (c) through (k) removed; (a) through (s) added..................2089
    (b), (e), (p), (r) and (s) eff. 4-23-90.........................2089
    (v) added; eff. to 5-31-90......................................8144
    (t) added; eff. to 8-29-90.....................................23086
    (t) added......................................................25311
641.21  Revised.....................................................2090
    (a)(4) suspended; eff. to 5-31-90...............................8144
    (a)(4) suspended; eff. to 8-29-90..............................23086
    (a)(4) removed; (a)(5) through (7) redesignated as (a)(4) 
through (6)........................................................25311
641.22  Revised.....................................................2090
641.23  Revised.....................................................2090
641.24  Amended.....................................................2090
    Revised; eff. 4-23-90...........................................2090
    (b)(3) revised; (b)(5) added; eff. to 5-31-90...................8144
    (b)(3) revised; (b)(5) added; eff. to 8-29-90..................23086
    (b)(3) revised; (b)(5) added...................................25311
641.25  Revised.....................................................2091
    (b) suspended; (l) added; eff. to 3-11-91......................51723
    (d) added; eff. to 5-31-90......................................8144
    (d) added; eff. to 8-29-90.....................................23087
    (d) added......................................................25311
641.26  Redesignated as 641.28; new 641.26 added....................2091
641.27  Added.......................................................2091
641.28  Redesignated from 641.26....................................2091
641.29  Added; eff. to 4-22-90......................................8144
641  Appendix A  Added..............................................2091
642  Temporary regulations.....................1213, 21201, 42722, 52997
    Technical correction...........................................32257
642.1  (b) revised.................................................29373
642.2  Amended..............................................29373, 29375
642.4  (a)(4) added; (b)(1), (c), and (d) revised..................29373
642.5  (f) added...................................................29373
642.7  (x) revised.................................................14836
    (i), (k), (m), and (l) amended; (p), (s), and (x) removed; 
(b), (d), (e), (j), (n), (q), (t), and (u) revised.................29374
642.20  Revised....................................................29374
642.21  (a)(3) and (c)(3) revised..................................29374
    (a)(2), (b)(2), (c)(2), and (d)(2) amended.....................31188
642.23  Revised....................................................29374
642.24  (a)(3) revised.............................................14837
    Revised........................................................29374
642.26  (a)(1)(iii) amended........................................29376
642.27  (d) revised; (f)(4) added..................................14837
    (e) amended; (a) and (c) revised...............................29375
642.28  Revised....................................................29375
    (a)(1)(iii)(B) and (3)(ii) revised; (a)(1)(iii)(C) added.......31188
    (a)(1)(iii)(A) and (iv)(A) revised; eff. 1-1-91................31189
642  Appendix A amended............................................29377
646  Temporary regulations..................................32635, 40181
646.2  Amended; eff. to 11-1-90....................................32259
646.6  (p) added (temporary).......................................18894
    Regulation at 55 FR 18894 effective date extended to 10-29-90 
                                                                   28916
    (q) through (s) added; eff. to 11-1-90.........................32259
    (l) amended; (m) revised.......................................46214
    (l) correctly designated.......................................47831
646.20  (c) added (temporary)......................................18894
    Regulation at 55 FR 18894 effective date extended to 10-29-90 
                                                                   28916
    (c) added......................................................46214
646.24  (a)(22) added; (c)(3) revised..............................40396
    (b) revised....................................................46214
646.25  Added; eff. to 11-1-90.....................................32259
647  ..............................................................47060
650  Temporary regulations............................4614, 18604, 20274
650.2  Amended.......................................................435
650.7  (b) through (f) redesignated as (d) through (h); new (b) 
        and (c) added................................................435
    (b) corrected...................................................2201
    (i) added; interim; eff. to 8-23-90............................22337
    (i) added; interim; effective date extended to 11-21-90........35436
650.21  Heading revised; (c) through (e) added.......................435
650.25  Added........................................................435
651  Temporary regulations.........................................12363
652  Temporary regulations...................................1213, 40840
    Fishing quotas..................................................5462
    Revised........................................................24190
652.20  (g) eff. to 12-31-90.......................................24184
652.23  (a)(4) added; interim; eff. to 8-23-90.....................22337
    (a)(4) added; interim; effective date extended to 11-21-90.....35436

[[Page 526]]

655  Specifications.................................................9324
656  Added..........................................................7901
    Removed.........................................................9452
    Added..........................................................40184
658  Temporary regulations..................................20162, 28402
658.22  Existing text designated as (a); (b) added; eff. to 9-30-
        90.........................................................13794
    Figure 1 revised...............................................13795
658.26  Revised....................................................18121
659  Added; eff. to 7-2-90.........................................13154
    Removed........................................................22795
661  Temporary regulations........................................20607,
22032, 23087, 23443, 24247, 25311, 31391, 34019, 36824, 37714, 40667, 
40668
    Inseason adjustments..........................................21039,
32259, 32916, 33714, 36280, 38552, 39156, 39416, 41542
    Fishery management measures....................................18894
    Inseason adjustment..............................38552, 39156, 39416
661.20  Specifications.............................................14837
662  Harvest quotas................................................35647
663  Restrictions  .....................3747, 11021, 25977, 31053, 41192
    Specifications...........................................1036, 14837
    Reapportionment................................................31187
    Commercial fishery closure.....................................51909
663.7  Introductory text revised; (l) and (m) added...................31
669.2  Amended.....................................................46216
669.7  (c), (e) through (g), (j), and (k) revised; (d) amended.....46216
669.21  Revised....................................................46216
    Table corrected................................................52130
669.22  Existing text designated as (b); (a) added.................46216
669.23  Revised....................................................46216
    (b) corrected..................................................52130
669.24  (a) introductory text amended; (b) revised.................46216
    (a)(1) revised.................................................46216
672  Temporary regulations.........................................3230,
3409, 7902, 14978, 17442, 18605, 22795, 22796, 22917, 22918, 23746, 
26693, 27643, 29023, 30235, 31603, 32260, 32261, 33912, 34263, 36651, 
40185,
40186, 41339, 42854, 47883, 49283
    Corrected......................................................14286
    Technical correction...........................................12990
    Inseason adjustments...........................................19738
    Interpretation.................................................41191
672.2  Corrected....................................................1036
    Amended...................................................4846, 9891
    Amended; interim; eff. to 11-10-90.............................33720
672.5  (c)(2)(i) and (iii)(B) corrected; (c)(2)(ii) added...........1036
    (c)(3) removed.................................................34934
672.6  Suspended; eff. to 9-28-90..................................12833
672.20  (c)(2) redesignated as (c)(3); new (c)(2) added...............32
    (f)(1), (3)(ii), and (3)(iii) suspended; (f)(4) and (5) added; 
eff. to 5-15-90.....................................................5997
    (i) added; interim; eff. to 5-16-90.............................6399
    (c)(2) revised; (c)(3) through (c)(6), (g) and (h) added........9891
    (i) removed....................................................19267
    Effective date extended to 8-13-90.............................20466
    (f)(1)(ii) and (3)(ii) suspended; (f)(1)(iii) and (3)(iv) 
added; interim; eff. to 11-10-90...................................33720
672.22  (a)(2)(i)(B) and (ii)(C) amended; (a)(2)(i)(C) and (ii)(D) 
        added.........................................................33
672.23  Revised.......................................................33
672.24  (a) revised...................................................33
    Heading revised; (b) and (c) redesignated as (c) and (d); new 
(b) added; interim; eff. to 11-10-90...............................33721
672.27  Revised.....................................................4846
674  Temporary regulations.........................................30717
33721, 35436
674.2  Amended.....................................................47775
674.7  Revised.....................................................47775
674.20--674.22 (Subpart B)  Revised................................47775
674.21  (a)(2) revised.............................................29217
675  Temporary regulations.........................................3229,
7337, 7716, 8145, 8954, 10246, 10780, 22919, 26208, 26450, 27643, 27823, 
30004, 31392, 32094, 32421, 35437, 36652, 38331-38333, 41543, 42199, 
42574, 47883, 48109, 48624, 49284
    Specifications; eff. to 1-1-91..................................1434
    Catch monitoring...............................................14094
    Interpretation.................................................41191
    Inseason adjustments....................................42387, 45609
675.2  Amended..........................................4847, 8143, 9892
    Amended; interim; eff. to 11-10-90.............................33721

[[Page 527]]

675.5  (c)(3) removed..............................................34934
675.7  (e) correctly designated.....................................1036
675.20  (e)(2)(ii) and (3)(iii) amended; (e)(2)(iii) and (3)(iv) 
        added.........................................................33
    (j) added; interim; eff. to 5-16-90.............................6399
    (a)(1) Table 1 revised..........................................8143
    (a)(8) revised; (h) and (i) added...............................9892
    (j) removed....................................................19267
675.21  (c)(2) suspended; (c)(5) added; interim; eff. to 11-10-90 
                                                                   33721
675.23  Revised.......................................................33
675.24  (d) and (e) added.............................................33
675.25  Revised.....................................................4848
683.2  Amended; eff. to 2-24-91....................................49051
683.4  (c) added...................................................42967
683.6  (g) amended.................................................42967
    (i), (j) and (k) added; eff. to 2-24-91........................49051
683.11  Removed....................................................42967
683.21  (a)(4) suspended; (a)(5) added; eff. to 2-24-91............49052
683.29  Added; eff. to 2-24-91.....................................49052
685.2  Amended; interim emergency eff. to 2-24-91..................49287
685.4  Existing text designated as (a); (b) added..................42968
    (a) and (b) suspended; (c) and (d) added; interim emergency 
eff. to 2-24-91....................................................49287
685.5  (d) added...................................................42968
    (e) through (l) added; interim emergency eff. to 2-24-91.......49287
685.9  Added; interim emergency eff. to 2-24-91....................49288
685.10  Added; interim emergency eff. to 2-24-91...................49288
685.11  Added; interim emergency eff. to 2-24-91...................49288

                                  1991

50 CFR
                                                                   56 FR
                                                                    Page
Chapter VI
611  Specifications......................................645, 6290, 8723
    Harvest quotas.................................................49430
    Reassessment...................................................56603
611.2  Amended......................................................8723
611.1--611.16 (Subpart A)  Appendix L added........................33209
611.22  (b)(1) and (c) revised; (d) removed; (e) and (f) 
        redesignated as (d) and (e).................................1577
611.70  Revised......................................................738
    (c)(1)(ii) and (h)(1) corrected................................13365
611.92  (c)(3) added.................................................499
611.93  (b)(3)(i) revised; (c)(5) amended; (b)(5)(iii) added.........385
    (c)(6) added.....................................................499
    (b)(5) added....................................................2705
620.2  Amended......................................................8723
625.4  (m) added; interim emergency; effective to 3-5-92...........63690
625.5  Heading revised; text added; interim emergency; effective 
        to 3-5-92..................................................63690
625.7  (a)(1), (2), (b)(4) and (5) suspended; (a)(3) through (8) 
        and (b)(6) through (9) added; interim emergency; effective 
        to 3-5-92..................................................63690
625.24  Added; interim emergency; effective to 3-5-92..............63691
    (b) corrected..................................................66603
625.26  Added; interim emergency; effective to 3-5-92..............63691
    (c)(1), (2), (d), (e) and (f)(1) corrected.....................66603
630  Temporary regulations.........................................31347
    Authority citation revised.....................................65016
630.1  (b) suspended; (d) added; effective to 12-9-91..............26937
    Revised........................................................65016
630.2  Amended; effective to 12-9-91...............................26938
    Amended........................................................65016
630.3  Revised.....................................................59222
630.4  (c) revised.................................................59222
    Revised........................................................65016
630.5  (c) added; effective to 12-9-91.............................26938
    Revised........................................................65017
630.7  (e) suspended; (i) through (q) added; effective to 12-9-91 
                                                                   26938
    Revised........................................................65018
630.10  Added......................................................65018
630.20--630.26 (Subpart B)  Revised................................65019
630.22  Suspended; effective to 12-9-91............................26938
630.25  Added; effective to 12-9-91................................26938
630.26  Added; effective to 12-9-91................................26938
    (a) corrected..................................................28349

[[Page 528]]

630.27  Added; effective to 12-9-91................................26940
    (b)(1)(i)(A), (B), (ii)(A) and (B) corrected...................29906
630.28  Added; effective to 12-9-91................................26940
630.29  Added; effective to 12-9-91................................26940
630.40 (Subpart C)  Added..........................................65021
638.1  (b) amended..................................................1502
638.2  Amended......................................................1502
638.4  (a) and (c) through (g) revised; (h) through (m) added.......1502
638.5  Revised......................................................1503
638.7  Existing text designated as (a); (b) and (c) added...........1503
638.21  Revised.....................................................1503
638.23  Revised.....................................................1503
638.24  Redesignated as 638.26; new 638.24 added....................1503
638.25  Added.......................................................1504
638.26  Redesignated from 638.24....................................1503
640.4  Heading revised; (c) through (i) redesignated as (d) 
        through (j); new (a)(4) and (c) added......................12357
640.7  (t) amended.................................................12357
641  Temporary regulations.........................................42711
641.4  (b)(4) removed; heading, (a)(3), (c) through (f), (i) and 
        (k) revised; (b)(4) removed................................58651
641.25  (e) correctly designated.....................................558
    (b) revised....................................................30514
    (a) revised....................................................33884
    Effective date corrected.......................................37606
    (c) suspended; (e) added; effective to 12-31-91................58188
642  Temporary regulations.....................................652, 3422
    Temporary regulations...................................49853, 66001
642.21  (a)(1) introductory text, (i), (ii), (2) introductory 
        text, (b)(1), (2), (c)(1), (2), (d)(1), and (2) amended....45900
642.28  (a)(1), (3)(i), (ii) introductory text, and (b) revised....45901
644.1  (b) revised.................................................13417
644.2  Amended.....................................................13417
644.7  (d) through (h) redesignated as (e) through (i); new (d) 
        added; new (f) and new (h) revised.........................13417
644.21  (c) redesignated as (d); (a) introductory text and (b) 
        revised; new (c) added.....................................13417
644.24  Revised....................................................13418
646  Temporary regulations.........................................52479
646.2  Amended......................................................2446
      Amended......................................................56022
    Corrected......................................................59979
646.4  Redesignated as 646.5 and revised; new 646.4 added...........2446
    Revised........................................................56022
    (d) corrected..................................................59979
646.5  Redesignated as 646.6; new 646.5 redesignated from 646.4 
        and revised.................................................2446
    Figure 1 redesignated as Figure 2 to part 646; revised.........56023
646.6  Redesignated as 646.7; new 646.6 redesignated from 646.5.....2446
    Revised.........................................................2449
    Heading corrected...............................................9251
    Revised........................................................56024
646.7  Redesignated as 646.8; new 646.7 redesignated from 646.6.....2446
    Revised.........................................................2449
    (v) added; effective 4-19-91 through 7-18-91...................18743
    Regulation at 56 FR 18743 effective date corrected.............23619
    Regulation at 56 FR 18743 effective date extended through 10-
16-91..............................................................33210
    Revised........................................................56024
646.8  Redesignated as 646.9; new 646.8 redesignated from 646.7.....2446
646.9  Redesignated from 646.8......................................2446
646.20  Revised.....................................................2450
646.21  Revised; (b) interim........................................2450
    Regulation at 56 FR 2450 confirmed.............................12852
    (a), (b) and (d) revised; (f) through (i) added................56025
646.22  Heading, (a)(1) and (c)(1) revised; (b)(2) introductory 
        text and (4) amended; (b)(5) and (6) added..................2450
    (d) added; effective 4-19-91 through 7-18-91...................18743
    Regulation at 56 FR 18743 effective date corrected.............23619

[[Page 529]]

    Regulation at 56 FR 18743 effective date extended through 10-
16-91..............................................................33210
    Figure 2 redesignated as figure 3 to part 646; (c) 
redesignated as (e); (b) revised; new (c), (d), (f) and (g) added 
                                                                   56026
646.23  Redesignated as 646.27; new 646.23 added....................2450
    Revised........................................................56026
    (e) and (f) corrected..........................................59979
646.24  Redesignated as 646.26; new 646.24 added....................2450
    Revised........................................................21960
    (b) corrected..................................................23735
    (b) revised....................................................56027
646.25  Added.......................................................2450
    Revised........................................................56027
646.26  Redesignated from 646.24....................................2450
    (a)(1) removed; (a)(2) through (22) redesignated as (a)(1) 
through (21); (c)(1) introductory text, (ii), (2) and (3) amended; 
(c)(4) added.......................................................56027
646  Figure 2 redesignated from 646.5 figure 1.....................56023
    Figure 3 redesignated from 646.22 figure 2.....................56026
    Figure 1 added.................................................56027
646.27  Redesignated from 646.23....................................2450
649.2  Amended.....................................................19317
649.7  (a)(6) revised..............................................19317
649.21  Heading revised; (c)(3) removed; (d) redesignated as (e); 
        new (d) added..............................................19317
650  Temporary regulations..........................................3422
    Temporary regulations..........................................30514
650.21  (a) and (b) amended........................................12358
651.2  Amended.....................................................24727
    Regulation at 56 FR 24727 effective date corrected; technical 
correction.........................................................26774
651.7  Introductory text designated as (a); (b)(2) and (d) 
        revised; (b)(12), (13), (14) and (c) added.................24727
    Regulation at 56 FR 24727 effective date corrected; technical 
correction.........................................................26774
651.20  (a)(3) added; (b)(1), (3) and (f) revised..................24727
    Regulation at 56 FR 24727 effective date corrected; technical 
correction.........................................................26774
    (b)(1) correctly revised.......................................33884
    (f)(1)(iii) regulation at 56 FR 24727 confirmed................50063
651.21  (b)(2) revised.............................................24728
    Regulation at 56 FR 24729 effective date corrected; technical 
correction.........................................................26774
    (b)(1)(ii) corrected...........................................27786
651.22  (e)(2), (3) and (f) revised, (i) added.....................24728
    Regulation at 56 FR 24728 effective date corrected; technical 
correction.........................................................26774
651.27  Added......................................................24729
    Regulation at 56 FR 24729 effective date corrected; technical 
correction.........................................................26774
    (c)(2) corrected...............................................27786
651  Figure 5 added................................................24729
652  Temporary regulations....................................3980, 3981
    Fishing quotas.................................................13083
    Temporary regulations...................................61182, 61183
655  Specifications.................................................1745
658  Temporary regulations..................................22662, 66604
658.1  (b) revised.................................................22829
658.6  (a) introductory text revised...............................22829
658.20  Revised....................................................22829
658.21  (a) and (b) revised........................................22829
658.22  Existing text designated as (a); (b) added; eff. to 9-30-
        91..........................................................2146
658.25  (a) and (b) introductory text revised......................22829
    (a) corrected..................................................25374
658.26  Revised....................................................22829
661  Fishery management measures.............................7312, 15517
    Inseason adjustments...............34031, 36111, 51660, 51661, 55634
    Temporary regulations......34032, 37161, 37671, 38086, 38087, 40268, 
                                                                   41631
    Temporary regulations.......43888, 43889, 46735, 47014, 51662, 55634
661  Appendix amended; interim emergency; effective through 8-6-91
                                                                   21328
    Appendix amended........................................26775, 26776
    Appendix regulation at 56 FR 21328 effective date extended 
through 11-4-91....................................................37671

[[Page 530]]

662  Harvest quotas................................................49430
662.20  (b) introductory text revised; (b)(3) and (4) added........15300
663  Specifications..................................................645
    Revised..........................................................740
    Temporary regulations..............20143, 24730, 30338, 37022, 49727
    Temporary regulations.....................43718, 46240, 58321, 64723
    Restrictions............................................49727, 49727
    Reassessment...................................................56603
663.2  Corrected...................................................13365
663.6  (a) corrected...............................................13365
663.7  (b) corrected...............................................13365
    (n), (o) and (p) added; effective to 12-31-91..................43724
663.23  (b)(2) and (c)(1)(i)(F) through (H) added; (c)(1)(i)(E) 
        amended.....................................................2867
    (b)(3) added; effective to 12-31-91............................43724
    (b)(4) added; interim emergency effective to 1-2-92............50065
663  Appendix corrected............................................13365
669.7  (h) and (i) revised.........................................48756
669.24  (a) revised; (a)(3) effective through 9-13-93..............48756
672  Temporary regulations....1936, 5158, 6992, 8146, 8730, 9635, 12852, 
         13766, 14652, 15518, 16024, 19042, 20144, 21329, 22121, 22829, 
         24351, 27465, 28112, 28499, 28500, 29443, 31547, 32119, 32983, 
                                                            33885, 35835
    Specifications..................................................8723
    Technical correction......................13786, 50157, 56116, 56943
    Inseason adjustments...........................................36739
    Temporary regulations.......47700, 49431, 51179, 51848, 52213, 55096
    Recordkeeping and reporting requirements.......................50279
672.1  (d) added....................................................2706
672.2  Figure 1 redesignated as Figure 1 to Part 672; amended.......2706
    Amended; interim................................................9640
    Amended; interim emergency effective through 9-17-91...........28116
    Amended; interim emergency effective through 11-12-91..........38349
    Regulation at 56 FR 28116 effective date extended through 12-
16-91..............................................................47425
    Regulations at 56 FR 38349 effective date extended through 12-
31-91; interim.....................................................57989
672.5  (b)(2), (3) and (4)(i)(C), (G) and (c) revised; interim......9640
672.6  Removed.....................................................14481
672.7  (e) added.....................................................499
    (f) added; interim.............................................21625
672.20  (a)(2) redesignated as (a)(2)(i); (a)(2)(ii) and (i) 
        added; (c)(1) and (2) revised................................499
    (f)(1), (2)(i), and (ii) revised; (f)(2)(iii) and (iv) 
redesignated as (f)(2)(iv) and (v); new (f)(2) heading and (iii) 
added...............................................................2706
    (a)(2) revised; Table 1 added...................................5776
    (a)(2)(iv) and (h)(2)(i) suspended; (a)(2)(v), (h)(2)(iii) and 
(iv) added; interim emergency effective through 9-17-91............28116
    (f)(1) and (3) suspended; new (f)(3), (g)(4) and (5) added; 
interim emergency effective through 11-12-91.......................38349
    Regulation at 56 FR 28116 effective date extended through 12-
16-91..............................................................47425
    Regulations at 56 FR 38349 effective date extended through 12-
31-91; interim.....................................................57989
672.23  (c) revised................................................13419
    (d) added; interim emergency...................................50282
    (d) removed....................................................54798
672.24  Figure 2 redesignated as Figure 2 to Part 672...............2706
    (b) and (c) redesignated as (c) and (d); new (c) amended; new 
(b) added...........................................................2707
    (e) added; interim emergency effective through 9-17-91.........28116
    Regulation at 56 FR 28116 effective date extended through 12-
16-91..............................................................47425
672.26  Added; interim.............................................21625
672.27  (c)(1) and (2) revised; (f) added..........................30876
672  Figures 1 and 2 redesignated from 672.2 Figure 1 and 672.24 
        Figure 2....................................................2706
    Figures 3 and 4 added...........................................2708
    Figure 1 revised; interim.......................................9643
675  Temporary regulations...30, 6993, 7314, 10521, 11697, 19043, 21450, 
                  22830, 23025, 26620, 28500, 30699, 33210, 40810, 41309
    Specifications..................................................6290
    Apportionments..........................................12853, 40809

[[Page 531]]

    Inseason adjustments...........................................32338
    Technical correction...........................................43964
    Temporary regulations..............45901, 47700, 49149, 52214, 55097
675.2  Amended.................................................385, 2711
    Amended; interim; eff. to 4-15-91...............................5661
    Amended; interim................................................9645
    Figure 1 redesignated as Figure 1 to Part 675
    Amended.................................................30516, 32988
    Amended; interim emergency effective through 11-12-91..........38350
    Regualtion at 56 FR 38350 corrected; effective to 11-12-91.....46392
675.5  (b)(2), (3), (4)(i)(C), (G) and (c) revised; interim.........9645
    (c)(1)(i) corrected; (c)(2)(iii)(I) correctly amended; interim
                                                                   15052
675.7  (f) added.....................................................500
    (c) and (d) added...............................................2711
    (g) added; interim.............................................21627
675.20  (h)(2) through (5) redesignated as (h)(3) through (6); 
        (h)(1) and new (h)(6) revised; new (h)(2) added..............385
    (a)(2) redesignated as (a)(2)(ii) and revised; (a)(2)(i) and 
(j) added; (a)(7) and (8) revised....................................500
    (b)(1)(ii) revised; (e)(1)(iii) and (2)(ii) amended; (e)(4) 
added...............................................................2711
    (a)(13) added; (i)(2) revised; effective to 4-15-91.............5662
    (a)(2) revised..................................................5776
    (e)(2) introductory text and (f) revised; (e)(3) and (4) 
redesignated as (4) and (5); (e)(1)(iv), (3) and (6) added.........32988
    (h)(1) and (2) suspended; (h)(7) and (i)(3) added; interim 
emergency effective through 11-12-91...............................38350
    (h)(6) and (i)(2) correctly suspended; (h)(8) correctly added; 
interim emergency effective through 11-12-91.......................46392
675.21  Added.......................................................2712
    Table 2 removed.................................................2714
    Heading, (c)(2)(i), (ii), (iii) and (iv) revised; interim......21627
    (b)(4)(i) through (v) redesignated as (b)(4)(ii) through (vi) 
and (c)(3) and (4) redesignated as (e) and (f); (b)(4) 
introductory text, new (b)(4)(ii) through (v) and (c) heading 
revised; (a)(6), (b)(4)(i) and (d) added...........................32988
    (c)(2)(v) added; interim emergency effective through 11-12-91 
                                                                   38350
675.22  (a) through (e) added; (f) amended..........................2713
675.23  (a) revised; (c) added.......................................386
675.24  (a), (b), (c), and (d) redesignated as (c)(1), (2), (d), 
        and (a); new (b) and (c) introductory text added............2714
    (f) added; interim emergency effective through 9-17-91.........28116
    (c) introductory text, (1) and (2) redesignated as (c)(1) 
introductory text, (i) and (ii); new (c)(1) introductory text 
revised; new (c) introductory text and (2) added...................32989
    Regulation at 56 FR 28116 effective date extended through 12-
16-91..............................................................47425
675.25  (c)(1) and (2) revised; (f) added..........................30876
675.26  Added; interim.............................................21627
675  Figures 2, 3 and 4 added.......................................2709
    Figures 3 and 4 redesignated as Figures 4 and 5; new Figure 3 
added..............................................................32989
680.2  Amended.....................................................59895
680.4  (b) and (d) through (h) revised.............................59895
681.7  (b)(1) suspended; new (b)(7) and (8) added; interim; 
        effective to 8-12-91.......................................21962
    Regulation at 56 FR 21962 effective date extended to 11-10-91 
                                                                   36012
683  Technical correction..........................................27298
683.2  Regulation at 56 FR 49051 effective date extended to 5-25-
        91..........................................................5159
    amended........................................................24354
683.6  Regulation at 56 FR 49051 effective date extended to 5-25-
        91..........................................................5159
    (i), (j) and (k) added.........................................24354

[[Page 532]]

683.21  Regulation at 56 FR 49052 effective date extended to 5-25-
        91..........................................................5159
    (a)(4), (b), (d), (e)(2) and (g) revised.......................24355
683.29  Regulation at 56 FR 49052 effective date extended to 5-25-
        91..........................................................5159
    Added..........................................................24355
685.1  (a) revised.................................................24734
    Effective date corrected.......................................37024
685.2  Regulation at 56 FR 49287 effective date extended to 5-25-
        91..........................................................5159
    Amended; interim emergency; effective to 7-22-91...............14868
    Amended; interim emergency effective to 7-15-91................15843
    Corrected......................................................23735
    Amended........................................................24735
    Amended; interim emergency effective to 8-19-91................28118
    Regulation at 56 FR 14868 effective date extended to 10-9-91 
                                                                   28718
    Effective date corrected................................31689, 37024
    Regulation at 56 FR 15843 effective date extended to 10-13-91; 
amended; effective to 10-13-91.....................................33212
    Regulations at 56 FR 28118 and 31689 effective date extended 
to 12-16-91........................................................47701
    Amended; effective to 4-22-94..................................51852
    Amended........................................................52217
685.4  Regulation at 56 FR 49287 effective date extended to 5-25-
        91..........................................................5159
    Revised (OMB number pending)...................................24735
    Effective date corrected.......................................37024
685.5  Regulation at 56 FR 49287 effective date extended to 5-25-
        91..........................................................5159
    (m) through (p) added; interim emergency; effective to 7-22-91
                                                                   14868
    (i) suspended; (q) and (r) added effective to 7-15-91..........15843
    (m) through (r) redesignated as (o) through (t); (d) revised; 
new (e) through (n) added (OMB number pending).....................24735
    (u) added; interim emergency; effective to 8-19-91.............28118
    Regulation at 56 FR 14868 effective date extended to 10-9-91 
                                                                   28718
    Effective date corrected................................31689, 37024
    Regulation at 56 FR 15843 effective date extended to 10-13-91 
                                                                   33212
    Regulations at 56 FR 28118 and 31689 effective date extended 
to 12-16-91........................................................47701
    (l) removed; (m) and (n) redesignated as (l) and (m); new (n) 
through (q) added; effective to 4-22-94............................51852
    (u) revised; emergency interim; effective to 12-16-91..........59897
    (r) and (s) added..............................................52217
685.9  Regulation at 56 FR 49288 effective date extended to 5-25-
        91..........................................................5159
    (a) temporarily suspended; (l) added; interim emergency; 
effective to 7-22-91...............................................14868
    Existing text removed; new 685.9 added.........................24736
    Regulation at 56 FR 14868 effective date extended to 10-9-91 
                                                                   28718
    Effective date corrected.......................................37024
685.10  Regulation at 56 FR 49288 effective date extended to 5-25-
        91..........................................................5159
    Added..........................................................24736
    Effective date corrected.......................................37024
685.11  Regulation at 56 FR 49288 effective date extended to 5-25-
        91..........................................................5159
    Added..........................................................24737
    Effective date corrected.......................................37024
    Heading, (a), (b) and (c) revised..............................52217
685.12  Added......................................................24737
    Effective date corrected.......................................37024
685.13  Added (OMB number pending).................................24737
    Effective date corrected.......................................37024
685.14  Added (OMB number pending).................................15843
    Regulation at 56 FR 15843 effective date extended to 10-13-91 
                                                                   33212
    Added..........................................................52217

[[Page 533]]

685.15  Added; interim emergency; effective to 7-22-91.............14868
    Regulation at 56 FR 14868 effective date extended to 10-9-91 
                                                                   28718
    (a)(2), (b) and (c)(1) revised; (c)(2) redesignated as (c)(3); 
new (c)(2) and (4) added; interim emergency; effective to 10-9-91 
                                                                   28719
    (a)(1)(iii) added; interim emergency; effective to 10-9-91.....37301
    Added; effective to 4-22-94 (OMB number pending)...............51852
    OMB number.....................................................58516
    (c)(6) corrected...............................................63550
685.16  Heading added; effective to 4-22-94........................51853
685.17  Added; efffective to 4-22-94...............................51853
685.18  Added; emergency interim; effective to 12-16-91............59897
695  Added...........................................................378

                                  1992

50 CFR
                                                                   57 FR
                                                                    Page
Chapter VI
600--699 (Chapter VI)  Policy guidelines for emergency rules.........375
601.32  Amended......................................................379
601.33  (c), (e) and (h) revised.....................................379
601.39  (a) revised..................................................380
603.1  Revised.....................................................47801
603.2  Amended.....................................................47801
603.3  Amended.....................................................47801
603.5  Revised.....................................................47801
603.6  (a) introductory text amended...............................47801
603.7  Nomenclature change.........................................47801
605.15  (b)(2) through (4) redesignated as (b)(3) through (5); new 
        (b)(2) added.................................................380
605.23  (d) introductory text revised; (d)(2) redesignated as 
        (d)(3); new (d)(2) added.....................................380
605.24  (a)(2) amended; (a)(3)(i), (5)(i) introductory text, (ii), 
        and (7)(i) revised; (a)(3)(v) added..........................380
611  Specifications.....................................1654, 2844, 3952
611.2  Amended.....................................................48566
611.1--611.16 (Subpart A)  Appendixes A and D amended..............48566
611.20  (c) amended................................................48566
611.22  (a) and (c) amended; (b)(1) revised........................27370
611.50  (b)(2) revised; (b)(4) Table 1 removed.......................535
611.81  Heading, (a), (b), (c), (j)(2), (3) and (4) introductory 
        text revised; (h)(4) removed; (j)(9) added.................48566
    (j)(5)(i), (ii), (iv), (6)(ii) and (iv) amended................48567
    (a) corrected..................................................53966
620.7  (i) added; interim emergency effective to 5-12-92............5079
    (i) corrected...................................................9076
    Regulation at 57 FR 5079 effective date extended through 8-10-
92.................................................................20788
625  Revised.......................................................57369
625  Technical correction...........................................4248
625.4  Regulation at 56 FR 63690 effective date extended through 
        3-5-92.......................................................213
    Technical correction............................................6297
    Regulations at 56 FR 63690 and 57 FR 213 effective date 
extended through 6-3-92.............................................8582
625.5  Regulation at 56 FR 63690 effective date extended through 
        3-5-92.......................................................213
    Technical correction............................................6297
    Regulations at 56 FR 63690 and 57 FR 213 effective date 
extended through 6-3-92.............................................8582
625.7  Regulation at 56 FR 63690 effective date extended through 
        3-5-92.......................................................213
    Technical correction............................................6297
    Regulations at 56 FR 63690 and 57 FR 213 effective date 
extended through 6-3-92.............................................8582
625.8  (a)(8) suspended; (a)(12) added; interim; effective to 3-9-
        93.........................................................58151
625.24  Regulations at 56 FR 63691 and 66603 effective date 
        extended through 3-5-92......................................213
    Technical correction............................................6297
    Regulations at 56 FR 63690, 66603 and 57 FR 213 effective date 
extended through 6-3-92.............................................8582
    (b)(1) suspended; (b)(3) added; interim; effective to 3-9-93 
                                                                   58151

[[Page 534]]

625.26  Regulation at 56 FR 63691 effective date extended through 
        3-5-92.......................................................213
    Regulations at 56 FR 63691 and 57 FR 213 effective date 
extended through 6-3-92.............................................8582
630  Temporary regulations....................14361, 29447, 32452, 33458
630.7  (s), (t) and (u) amended....................................34265
630.24  (i) added eff. 8-4-92 through 12-31-92; (b)(1) and (c) 
        revised....................................................34266
630.25  (a)(1) and (b) amended; (d) revised........................34266
640.1  Revised.....................................................56518
640.2  Amended.....................................................56518
640.4  Revised.....................................................56518
640.6  Revised.....................................................56519
640.7  Revised.....................................................56520
640.20--640.24 (Subpart B)  Revised................................56520
641  Temporary regulations..........................................6561
641.2  Amended.....................................................11915
641.4  (a)(2) and (b)(2)(xi) revised; (g) amended; (l) added; 
        effective to 5-7-95........................................11916
    (m) and (n) added; interim; effective to 3-30-93...............62239
641.6  (d) revised.................................................41893
641.7  (u) added; interim; effective to 3-30-93....................62237
    (v) and (w) added; interim; effective to 3-30-93...............62239
641.21  (d) added; interim; effective to 3-30-93...................62239
641.24  (a)(2)(iv) revised; (a)(4) and (5) added...................11916
641.25  (b) and (c) revised.................................11916, 21752
641.28  Redesignated as 641.29; new 641.28 added...................11916
641.29  Redesignated from 641.28...................................11916
    Added; eff. 4-3-92 through 5-14-92.............................11918
641.30  Added; interim; effective to 3-30-93.......................62237
    (b) suspended; (c) added; interim; effective to 3-30-93........62239
642  Temporary regulations.............................1662, 4376, 47998
642.1  (a) amended.................................................58153
642.2  Amended.....................................................58153
642.4  Revised; interim............................................11583
    (b)(2)(v) revised..............................................27005
    (a)(1)(i), (ii), (b)(2)(vi) revised; (b)(3) amended............58153
642.5  (b) introductory text amended; interim......................11585
    (a) introductory text, (3) and (b) introductory text amended; 
(e) and (f) revised................................................58154
642.6  (a) introductory text revised...............................58154
642.7  (f) and (v) amended; interim................................11585
    Revised........................................................58154
642.20--642.30 (Subpart B)  Revised................................58154
642.21  (a)(1) introductory text, (i), (ii) and (b)(1) amended.....43154
642.28  (a)(1)(i) through (iv) and (3) revised.....................43154
642  Appendix A redesignated in part as part 642 Figures 1 and 2; 
        remaining text removed.....................................58157
646  Temporary regulations.........................................56522
646.4  Revised......................................................7888
    (a)(1)(iii) corrected; (d) correctly designated................11137
646.5  (a) and (c) revised..........................................7890
646.6  (a) introductory text revised................................7890
    (d) revised....................................................41893
646.7  Revised......................................................7890
    (kk) corrected.................................................28907
    (w) and (x) revised............................................33128
    (nn) added; emergency interim; effective through 11-30-92......39366
646.10  Added.......................................................7891
    (a)(2) corrected...............................................11137
646.21  (d) revised.................................................7892
    (g) amended; (h) and (i) revised...............................33128
646.24  Revised....................................................33128
646.28  Added; emergency interim; effective through 11-30-92.......39366
649  Specifications................................................30684
649.20  (b) revised..................................................215
649.21  (c)(1) and (2) revised; (c)(3) added.........................215
650  Temporary regulations...................................4377, 21752
651  Temporary regulations.........................................20788
651.20  (e)(2) revised.............................................48473
652  Temporary regulations....................................844, 55148
    Fishing quotas..................................................3725
653.2  Amended; eff. 10-2-92.......................................40135
653.3  (c) removed; eff. 10-2-92...................................40135
653.7  (d) revised; eff. 10-2-92...................................40135

[[Page 535]]

653.22  Heading revised; eff. 10-2-92..............................40135
653.24  Revised; eff. 10-2-92......................................40135
655  Temporary regulations.........................................32923
    Specifications.................................................54189
655.22  (a), (b), (c) and (d) revised; (f) redesignated as (g); 
        new (f) added................................................536
656.2  Amended.....................................................19096
657.2  Amended......................................................5238
658  Temporary regulations.........................................29447
661  Inseason adjustments......31666, 32924, 34085, 34883, 35764, 36021, 
                                              37906, 39626, 40136, 40622
    Temporary regulations......32741, 33128, 33279, 34884, 36607, 36608, 
                                40135, 41705, 42512, 43621, 44135, 45751
    Appendix amended; eff. to 8-4-92...............................19404
662  Harvest quotas................................................48191
663  Specifications.................................................1654
    Reassessment...................................................45987
    Temporary regulations.......10429, 21041, 40136, 42898, 47413, 57377
    Restrictions.......................14666, 23065, 34266, 46097, 49425
    Regulation at 57 FR 10429; effective date corrected............41112
663.7  (n) and (o) added; interim emergency; eff. 4-15-92 to 7-16-
        92.........................................................13665
    (p) added......................................................20060
    (p) corrected..................................................22021
    Regulation at 57 FR 13665 effective date extended through 10-
19-92..............................................................32181
    Regulation at 57 FR 13665 effective date extension corrected 
to through 10-14-92................................................35765
    (q), (r), (t) and (u) added; eff. 1-1-94; (s) added............54006
663.22  (b)(2) through (5) revised; (b)(7) removed.................12212
    (b)(2) corrected...............................................28907
663.23  (b)(3) revised..............................................2853
    (b)(2) revised; interim emergency; eff. 3-27-92 through 7-1-92
                                                                   11272
    (b)(5) added; interim emergency; eff. 4-15-92 to 7-16-92.......13665
    (b)(4) added; interim emergency; eff. 4-16-92 through 7-21-92 
                                                                   14665
    (b)(1) revised.................................................20060
    Regulation at 57 FR 13665 effective date extended through 10-
19-92..............................................................32181
    Regulation at 57 FR 14665 effective date extended through 10-
19-92..............................................................32924
    Regulation at 57 FR 13665 effective date extension corrected 
to through 10-14-92................................................35765
663.30--663.43 (Subpart C)  Added..................................54006
663  Appendix amended.......................................20060, 54012
      Appendix A corrected.........................................22021
671  Added; interim................................................57115
671.2  Corrected...................................................60029
671.20  Corrected..................................................60029
672  Temporary regulations.....2854, 3142, 3960, 4939, 6564, 8280, 8583, 
          8849, 10142, 10297, 11274, 11433, 11918, 18835, 19552, 21215, 
         22182, 23163, 23346, 23965, 24381, 24559, 24992, 26781, 27709, 
         29222, 29223, 29806, 30685, 30924, 31331, 31971, 32453, 33902, 
         35489, 35765, 37478, 45580, 45988, 46510, 47277, 47572, 47010, 
                                                            52594, 52737
    Specifications...........................................2844, 30168
    Recordkeeping and reporting requirements...........2853, 6688, 11274
    Technical correction......................20325, 35004, 40255, 49653
    Prohibition of retention....34884, 40137, 46344, 46816, 48568, 56860
    Fishery management measures....................................61586
672.1  (d) revised.................................................33281
672.2  Amended............2686, 10432, 23344, 33281, 33904, 37908, 43622
    Regulation at 57 FR 33904 withdrawn; amended...................35488
    Amended........................................................61340
672.4  (j) added...................................................33904
    Regulation at 57 FR 33904 withdrawn; (j) added.................35488
672.5  (b)(3)(ii)(A)(11) and (c)(2)(iii)(I) amended; (c)(3)(ii)(F) 
        revised....................................................10432
672.6  Added.......................................................10432
672.7  (g) added...................................................23344
    (h) and (i) added.......................................33904, 35489
    Regulation at 57 FR 33904 withdrawn............................35488
    (g), (h) and (i) redesignated as (h), (i) and (j); new (g) 
added..............................................................43931
    (g) revised....................................................55149
    (h)(1) and (2) revised.........................................61340

[[Page 536]]

672.20  (a)(2)(iv), (h)(2) and (i)(4) revised.......................2686
    (a)(1), (c)(2) and (3) amended; (c)(6), (d)(1)(i), (e)(4) and 
(g)(1)(i) revised; (g)(3) redesignated as (g)(4); new (g)(3) 
added; Table 1 removed.............................................10433
    (f)(1)(i), (g)(4) and (h)(2) suspended; (f)(1)(vi), (g)(5), 
(6), (7) and (h)(3) added; interim emergency eff. 3-30-92 through 
7-2-92.............................................................11439
    (g)(3), (4), (5) and (6) correctly designated as (g)(4), (5), 
(6) and (7); (g)(7) corrected......................................14667
    (g)(5) revised; interim; eff. 5-20-92 through 7-2-92...........21356
    (c)(1)(i) and (ii) redesignated as (c)(1)(i)(A) and (B); 
(a)(2)(v), (c)(1)(i) heading and (c)(1)(ii) added; (c)(2) revised 
                                                                   23344
    Regulation at 57 FR 11439 eff. date extended to 9-30-92........29223
    (f)(1)(ii), (2)(i), (g)(1) and (2) revised; (g)(3) removed; 
(g)(4) redesignated as (g)(3)......................................33282
    (g)(2) and (3) redesignated as (g)(4) and (5); (f)(1)(i), 
(iii), (iv), (v), (2)(iii) introductory text, new (g)(5), and 
(h)(2) revised; (f)(2)(ii) and (v) introductory text amended; new 
(g)(2) and (3) added...............................................43932
    (a)(2)(v)(C) removed; (a)(2)(v)(A) and (B) revised.............61340
672.22  (a) revised; (b) and (c) redesignated as (c) and (d); new 
        (b) added..................................................43932
672.23  (d) added....................................................382
    (d) removed.....................................................2686
    (d) corrected...................................................4085
    (d) added; interim emergency; eff. 3-30-92 through 5-31-92.....11274
    (a) suspended; (e) and (f) added; interim emergency eff. 3-30-
92 through 7-2-92..................................................11439
    Regulation at 57 FR 11439 eff. date extended to 7-2-92.........29223
    (a) revised; (d) and (e) added.................................43933
672.24  (e) added...................................................2686
    (a)(2) revised.................................................10434
    (e)(2) corrected...............................................15031
    (c)(1) and (2) revised; (c)(4) added...........................37908
    (d)(1) introductory text and (2) introductory text revised.....43623
672.26  (a)(2)(ii) and (b) revised; eff. 1-20-93...................43933
672  Figure 1 revised; figures 2, 3 and 4 redesignated as figures 
        4, 2 and 3.................................................43623
675  Temporary regulations.....2854, 3142, 5238, 6203, 6688, 8583, 8584, 
         12213, 14667, 18093, 20207, 20655, 23347, 24381, 24560, 27710, 
         29656, 29806, 29807, 30924, 31129, 33904, 35489, 37731, 39138, 
                                42710, 43154, 44341, 46511, 53452, 58726
    Apportionment........................215, 27185, 32925, 53035, 58158
    Inseason adjustments............................................2688
    Recordkeeping and reporting requirements..........2856, 19819, 57692
    Specifications..................................................3952
    Inseason adjustments; correction..........................8850, 9599
    Technical correction....................................20325, 49653
    Fishery management measures.............................29223, 39138
    Prohibition of retention.......................................57377
675.2  Amended..................10434, 23345, 33904, 35489, 37908, 43625
    Regulation at 57 FR 33904 withdrawn............................35488
    Amended.................................................54942, 61341
675.4  (j) added............................................33904, 35489
    Regulation at 57 FR 33904 withdrawn............................35488
675.5  (b)(3)(ii)(A)(11) introductory text and (c)(2)(iii)(I) 
        amended; (c)(3)(ii)(F) revised.............................10434
675.6  Added.......................................................10435
675.7  (h) added...................................................23346
    (i) and (j) added.......................................33904, 35489
    Regulation at 57 FR 33904 withdrawn............................35488
    (h), (i) and (j) redesignated as (i), (j) and (k); new (h) 
added..............................................................43933
    (j) and (k) redesignated as (k) and (l); new (j) added.........54942
    (h) revised....................................................55149
    (i) revised....................................................61341
675.20  (a)(1) amended; (h)(3)(iii) revised; Table 1 removed.......10435
    (h)(1), (6) and (i)(2) suspended; (h)(7), (8) and (i)(3) 
added; interim emergency eff. 3-30-92 through 7-2-92...............11440

[[Page 537]]

    (a)(2)(iii), (3)(i), (ii) and (iii) added......................23346
    Regulation at 57 FR 11440 eff. date extended to 9-30-92........29223
    (h)(1) and (i)(2) revised......................................43934
    (a)(3)(i), (ii) and (iii) revised; (a)(7)(i) and (ii) amended; 
(e)(2)(iv) added...................................................54942
    (a)(2)(iii) introductory text revised..........................61341
675.21  (a)(5), (b), (c), (d), (e) and (f) suspended; (a)(7), (g), 
        (h), (i) and (j) added; interim emergency eff. 3-30-92 
        through 7-2-92.............................................11440
    (h)(1) and (2) revised; interim; eff. 5-20-92 through 7-2-92 
                                                                   21356
    Regulation at 57 FR 11440 eff. date extended to 9-30-92........29223
    (a)(5) suspended 9-30-92 to 12-31-92; (b) heading, (1), (2), 
(4), (c) and (d) revised; (e) and (f) removed; (a)(7) and (8) 
added..............................................................43934
    (c)(2)(ii) corrected...........................................49750
    (a)(8) and (9) redesignated as (a)(7) and (8); (d) amended.....55150
675.22  (f) revised................................................10435
    (g) added......................................................23346
    (f) revised....................................................43627
    (g) revised.............................................54942, 61341
675.23  (d) added....................................................382
    (d) removed.....................................................2687
    (d) corrected...................................................4085
    (a) revised; (d) added.........................................43935
675.24  (f) added...................................................2687
    (c)(1)(i) and (f)(1) heading revised...........................10435
    (f)(1)(ii) and (2)(ii) corrected...............................15031
    (c)(2)(ii) corrected...........................................15032
    (c)(2)(iii) added; interim emergency eff. 5-21-92 through 8-
25-92..............................................................22185
    (c)(3) added...................................................37908
    Regulation at 57 FR 22185 eff. date extended to 11-23-92.......39138
675.26  (a)(2)(ii)(A), (B), (b) and (d)(3) suspended; 
        (a)(2)(ii)(C), (D), (d)(4) and (e) added; interim 
        emergency eff. 5-21-92 through 8-25-92.....................22185
    Regulation at 57 FR 22185 eff. date extended to 11-23-92.......39138
    (a)(2)(ii)(A), (B), (b), (d)(3)(i)(A), (B) and (C) revised; 
eff. 1-20-93.......................................................43935
    (b)(4) and (d)(3)(i)(A)(1) corrected...........................49750
675.27  Added......................................................54943
675  Figure 2 revised..............................................10436
    Figure 3 revised...............................................43626
681  Interim final quota...........................................21752
    Final quota....................................................41112
681.2  Amended.....................................................10438
681.4  (a)(1), (b) and (d) through (h) revised.....................10439
681.5  (b)(2)(ix) redesignated as (b)(2)(x); (c)(3)(iii) and (iv) 
        revised; new (b)(2)(ix), (c)(3)(v) and (d) added...........10439
681.6  (a), (b) and (c) amended....................................10439
681.7  (b)(1), (c)(1)(i), (ii), (2), (3) and (4) revised; (b)(7) 
        through (13) added.........................................10439
681.24  (e) through (g) added......................................10440
681.29  Added......................................................10440
681.30  Redesignated as 681.40; new 681.30 added...................10440
681.31  Redesignated as 681.41.....................................10440
    Added..........................................................10441
681.32  Redesignated as 681.42.....................................10440
    Added..........................................................10442
681.33  Redesignated as 681.43.....................................10440
681.34  Redesignated as 681.44.....................................10440
681.35  Redesignated as 681.45.....................................10440
681.40  Redesignated from 681.30...................................10440
681.41  Redesignated from 681.31...................................10440
681.42  Redesignated from 681.32...................................10440
681.43  Redesignated from 681.33...................................10440
681.44  Redesignated from 681.34...................................10440
681.45  Redesignated from 681.35...................................10440
683  Technical correction..........................................40255
683.23  Revised....................................................36908
685  Technical correction..........................................10062
685.1  (a) and (b) revised.........................................48567
685.2  Amended........................................7664, 45991, 48568
    Table corrected................................................53966
685.4  (a), (b)(7), (8) and (c)(9) amended.........................48568
685.5  (t) added....................................................7664
    (t) revised....................................................45991

[[Page 538]]

    (a), (b), (d) through (g), (n), (o) and (r) amended............48568
685.8  (a) amended.................................................48568
685.9  (a) amended.................................................48568
685.13  Amended....................................................48568
685.15  (a), (c)(1) and (2) amended................................48568
685.22  Revised....................................................48568
685.23  Amended....................................................48568
685.24  Added.......................................................7664
    Redesignated as 685.26; new 685.24 added.......................45992
685.25  Added.......................................................7664
    (a)(2), (3) and (4) amended....................................48568
685.26  Redesignated from 685.24...................................45992

                                  1993

50 CFR
                                                                   58 FR
                                                                    Page
Chapter VI
601.32  Revised....................................................29554
605.24  (a)(3)(i) amended..........................................50288
    Comment period extended to 11-26-93; interim...................57968
611  Specifications..........................................2991, 33778
    Apportionment...................................................8712
    Technical correction......................16446, 17642, 21218, 38167
    Fishery management measures....................................16787
611.1--611.16 (Subpart A)  Appendix C amended; eff. 10-25-93.......49439
611.60  (a) revised; (d) amended...................................21943
611.61  Heading, (a), (b)(1), (2) introductory text, (c)(3) and 
        (e) revised; (d) removed...................................21944
611.81  (d) revised................................................14171
    (i) and (k) removed; (j) redesignated as (i); new (i)(1) 
removed; new (i)(2) through (9) redesignated as (i)(1) through 
(8); new (i) heading, (i)(3)(i), (ii) and (5) introductory text 
revised; (b), (i)(1), (2), (3)(iv), (6)(i), (ii) and (7) amended; 
eff. 10-25-93......................................................49441
625  Specifications.................................................5658
    Harvest quota........8557, 21261, 27215, 41191, 59196, 61844, 62050, 
                                                            65134, 68555
625.2  Amended.....................................................65937
625.4  (b)(1)(ii) corrected........................................11381
625.5  (b)(1) corrected............................................11381
625.6  (a)(2), (b) and (c) revised; eff. 1-1-94....................35894
625.8  Regulation at 57 FR 58151 effective date extended through 
        4-30-93....................................................13560
    (c)(2) through (10) redesignated as (c)(4) through (12); 
(a)(3), (7) and new (c)(6) revised; (c)(2) and (3) added...........40074
625.20  (d)(1) suspended; (d)(3) added; interim; effective to 8-5-
        93.........................................................27215
    (d)(3) table corrected.........................................31234
    Regulation at 58 FR 27215 effective date extended through 11-
3-93...............................................................39680
    (a)(8) and (9) redesignated as (9) and (10); new (a)(8) and 
(b)(8) added.......................................................40074
    (f) added; effective through 11-24-93..........................45076
    (d)(1) revised; (d)(3) added; eff. 10-25-93....................49940
    Regulation at 58 FR 27215 and 39680 terminated; regulation at 
58 FR 49940 corrected..............................................52685
    Regulation at 58 FR 45076 eff. date extended through 12-31-93 
                                                                   62556
    (f) added......................................................65937
625.24  Regulation at 57 FR 58151 effective date extended through 
        4-30-93....................................................13560
    (a), (b)(1) and (e) revised....................................40074
625.25  (d) revised; eff. 10-25-93.................................49940
    (d) revised....................................................65938
625.27  (e)(2) corrected...........................................11381
630  Temporary regulations...........................32311, 37443, 42880
630.24  (b)(1)(i) and (ii) revised; interim........................33569
    Regulation at 58 FR 33569 confirmed............................58509
638.25  Revised....................................................29555
640.2  Amended.....................................................38979
640.7  (g) amended; (l) and (p) through (s) revised................38979
    (n) amended....................................................61845
640.20  (b) revised................................................38980
640.22  (a)(2) amended.............................................38980

[[Page 539]]

640.23  (a) revised; (b) through (g) redesignated as (c) through 
        (h); new (b) added; new (d) through (h) amended............38980
641  Temporary regulations.........................................29556
641.4  (m) and (n) added; interim; effective through 6-28-93.......13561
    (m) and (n) added; effective through 12-31-94..................33027
    (n)(1) revised; (n)(3) added; eff. in part 1-1-94 through 12-
31-94 and 1-1-94 through 2-9-94....................................68326
641.7  (u) and (v) added; interim; effective through 6-28-93.......13561
    (u) and (v) added; effective through 12-31-94..................33027
    (u) revised; (w) and (x) added; eff. in part 1-1-94 through 
12-31-94 and 1-1-94 through 2-9-94.................................68326
641.21  (d) added; interim; effective through 6-28-93..............13561
    (d) added; effective through 12-31-94..........................33027
    (d) heading revised; (d)(4) and (5) added; eff. 1-1-94 through 
12-31-94...........................................................68326
641.25  (a) revised................................................16372
641.26  Revised....................................................29555
641.30  Added; eff. 1-1-94 through 2-9-94..........................68326
642  Temporary regulations..............4093, 11198, 16785, 51579, 68327
    Fishery management measures.....................................4599
642.7  (a) corrected................................................3330
    (u) added; interim.............................................10991
    (u) added......................................................58511
642.21  (b) corrected...............................................3330
642.24  (a)(1)(iv) revised.........................................45847
642.25  (b)(2) amended.............................................45847
    (a)(1)(i) suspended; (a)(1)(iii) added; interim; eff. through 
1-3-94.............................................................51791
    Regulation at 58 FR 51791 eff. date extended to 3-31-94........69273
642.26  (a) amended; (b) introductory text revised.................29555
642.27  (b) amended................................................29555
    (a)(2)(ii) introductory text, (iii) and (b) revised............45847
642.28  Amended....................................................29555
642.31  Added; interim.............................................10991
    Added..........................................................58511
646  Technical correction..........................................38813
646.2  Amended; interim............................................11981
    Regulation at 58 FR 11981 confirmed............................36156
646.4  (a)(1)(i), (iv), (b)(2)(vi) introductory text, (A), (C) and 
        (e) amended................................................11984
    (b)(3) amended.................................................21112
    (c)(3) amended.................................................35896
    (i) amended....................................................41438
646.6  (b) introductory text and (d) through (g) amended...........11984
646.7  (a) and (z) amended; (aa), (bb) and (cc) revised............11981
    Regulation at 58 FR 11981 confirmed............................36156
    (o), (w), (gg) and (ii) amended................................41438
646.22  (c) and (g)(1)(iii) revised................................11981
    (g)(1)(i)(A) revised...........................................21112
    Regulation at 58 FR 11981 confirmed............................36156
646.23  (a)(2) revised; (c)(2) introductory text amended...........11982
    Regulation at 58 FR 11982 confirmed............................36156
646.26  (b) amended................................................11982
    (a)(22) through (29) added; (c)(1) introductory text revised; 
(c)(4) amended.....................................................35896
    Regulation at 58 FR 11982 confirmed............................36156
646  Figure 3 revised..............................................11983
    Regulation at 58 FR 11982 confirmed............................36156
649.20  (b) revised................................................68556
649.21  (d)(1)(iii) revised........................................34001
650  Temporary regulations..........................................4944
    Technical correction............................................7040
651  Technical correction..........................................55116
651.2  Amended; interim; effective through 9-7-93..................32064
651.7  (a)(3), (4) and (5) added; interim; effective through 9-7-
        93.........................................................32064
651.20  (g) added; interim; effective through 9-7-93...............32064
    (e)(2) redesignated as (e)(2)(i); (b)(4) and (e)(2)(ii) added; 
interim............................................................49941
651.21  (a)(2) suspended; (a)(5) added; interim; effective through 
        9-7-93.....................................................32064

[[Page 540]]

    (a)(2) reinstated; (a)(5) removed; interim; effective to 9-6-
93.................................................................33345
651.22  (e)(2)(i) table amended....................................33028
651.28  Added; interim; effective through 9-7-93...................32064
652  Harvest quotas................................................11198
    Temporary regulations..........................................59197
652.8  (c)(19) revised; (c)(20) redesignated as (c)(23); new 
        (c)(20), (21) and (22) added...............................14342
652.9  (a) revised; (b) and (c) redesignated as (e) and (f); new 
        (b), new (c) and (d) added.................................14342
655  Specifications................................................38980
657  Correctly designated..........................................41325
658  Temporary regulations.........................................35897
658.22  Existing text designated as (a); new (b) added.............17170
658.25  (b)(2), (3) and (4) introductory text revised..............29556
659  Added.........................................................57751
661  Appendix amended; interim; effective to 5-31-93...............26932
    Appendix amended; effective to 8-4-93..........................31679
    appendix amended...............................................68064
    Inseason adjustments......................39161, 48001, 50524, 53143
    Regulation at 58 FR 31679 effective through 11-2-93............42030
    Temporary regulations............................43562, 44776, 46093
    Fishery management measures....................................59197
662  Harvest quotas.........................................38726, 45847
663  Restrictions......................31345, 46094, 47651, 52031, 64169
    Specifications..................................................2991
    Fishery management measures....................................21949
663.2  Amended; effective to 12-31-93..............................21272
    Regulation at 58 FR 21272 effective date corrected to 4-15-93 
                                                                   31179
663.7  (n) and (o) added...........................................21263
663.23  (b)(3) and (c)(1)(i)(H) revised; (c)(1)(i)(I) added........11985
    (b)(2) revised.................................................16631
    (b)(3) revised.................................................21263
    (b)(4) added; effective to 12-31-93............................21272
    (b)(4)(i) and (v) suspended; (b)(4)(vi) and (vii) added; 
interim; effective to 8-9-93.......................................27482
    Regulation at 58 FR 21272 effective date corrected to 4-15-93 
through 12-31-93...................................................31179
663.33  (f)(1)(i) corrected........................................16125
663.35  (a)(3) corrected............................................3330
    (a)(4) introductory text, (i) and (c)(3)(i) amended; 
(a)(4)(i)(A) and (B) removed.......................................16125
663.36  (a)(2) corrected............................................3330
    (a)(4) amended.................................................16125
663.41  (a)(2) introductory text and (i) amended; (a)(2)(ii) 
        revised....................................................49942
663  Appendix amended.......................................21264, 21265
669  Heading revised...............................................53146
669.1  Revised.....................................................53146
669.2  Amended.....................................................53146
669.4  Amended.....................................................53148
669.6  (a), (e)(1) introductory text, (2) and (3) amended..........53148
669.7  Revised.....................................................53147
669.20--669.25 (Subpart B)  Revised................................53147
671  Removed.......................................................36901
    Added; interim.................................................38729
672  Temporary regulations.......504, 11985, 11986, 13214, 16372, 16373, 
         16797, 17806, 21545, 29564, 30130, 31679, 31680, 32064, 33345, 
         34002, 34380, 34723, 35897, 37660, 37870, 37871, 39457, 40602, 
         41438, 41640, 42255, 42694, 42758, 44287, 46095, 52032, 53668, 
                                                            60801, 65556
    Fishery management measures....................................16787
    Technical corrections.....................21218, 32003, 38167, 44889
    Specifications.................................................33778
    Prohibition of retention...34723, 39456, 40075, 40601, 41191, 42256, 
                                                            42503, 53148
    Figures 2 and 3 removed; Figure 4 redesignated as Figure 2.....39683
    Inseason adjustments...........................................51791
672.2  Amended..............................................39682, 45850
    Corrected......................................................43412
672.3  Revised.....................................................59401
672.7  (k) added...................................................28521
    (l) added......................................................28800
    (m) added......................................................39683
672.20  (c)(1)(i)(A) and (ii)(A) amended...........................16787
    (e)(5) added...................................................45850

[[Page 541]]

    (i) introductory text and (1) through (5) redesignated as 
(i)(1) through (6); new (i)(1) and (2) revised; (i)(7) added.......57753
672.23  (a) revised; (f) added.....................................16787
    (c) revised....................................................28521
672.24  (d)(3) and (4) removed.......................................504
    (f) added.......................................................5661
    (e)(2) revised.................................................13563
    (d)(1) introductory text and (2) introductory text revised; 
(d)(3) and (4) added...............................................39683
    (e)(1) table and (2) table amended.............................53142
674.5  Removed; CFR correction.....................................12336
675  Temporary regulations.........504, 5662, 9129, 11199, 11381, 11986, 
         14173, 15291, 16374, 17366, 17367, 19213, 21951, 25952, 26072, 
         27216, 28522, 29362, 29564, 29793, 30130, 32615, 34380, 34381, 
         34724, 34932, 35897, 42031, 42695, 42758, 43297, 44465, 45076, 
         47221, 47833, 50289, 50857, 51253, 52033, 52451, 53148, 54529, 
                                58297, 58802, 60145, 65292, 65556, 69273
    Apportionment.......................8712, 14172, 15291, 44136, 50856
    Prohibition of retention..........................8713, 39162, 59413
    Recordkeeping and reporting requirements.......................12336
    Technical correction......................13826, 16446, 32003, 45377
    Regulation at 58 FR 50857 eff. date corrected..................58593
    Fishery management measures....................................61031
675.2  Amended................................14527, 37662, 37663, 39683
    Corrected......................................................41325
675.3  Revised.....................................................59402
675.5  (c)(2)(i) revised...........................................39683
675.7  (m) added...................................................28800
    (n) added......................................................39683
675.20  (a)(2)(ii) revised.........................................30998
    (j)(1) amended; (j)(4) revised.................................37662
    (a)(2)(ii), (iii), (3)(ii), (iii) and (8) amended..............37663
    Corrected......................................................41325
    (c)(5) added...................................................45850
    (j) introductory text and (1) through (5) redesignated as 
(j)(1) through (6); new (j)(1), (2) and (5) revised; (j)(7) added 
                                                                   57753
    (a)(3) introductory text revised; eff. 1-1-95..................59402
675.21  (b)(4) removed; (b)(2) and (3) redesignated as (b)(3) and 
        (4); new (b)(2) added; (a), (b) heading, (1), new (2), 
        (3)(ii), (iii), (c)(1), (2) and (d) revised................14527
    (b)(3)(iii) corrected..........................................21627
675.22  (g) corrected..............................................14172
    (a) amended....................................................37663
    Corrected......................................................41325
675.23  (a) revised; (e) added.....................................30998
675.24  (g) added...................................................5662
    (f)(1)(ii) revised.............................................13563
    Heading, (c)(1)(i), (ii), (d)(1), (2) and (f)(1) introductory 
text revised; introductory text removed............................37663
    (f)(1)(i), (ii), (2)(i) and (ii) tables amended................53142
675.27  (b)(1)(iii) corrected.......................................7040
    (a)(2) amended; (b)(3)(ii)(C), (d)(5)(iv)(E) and (g) revised 
                                                                   32876
    (b)(1)(ii) and (c)(1) amended..................................37663
    Corrected......................................................41325
675  Figure 1 removed; Figures 2 through 5 redesignated as Figures 
        1 through 4; new Figure 1 revised..........................37663
    Figures 4 and 5 removed........................................39683
676  Added; eff. in part 1-1-95....................................59402
678  Added.........................................................21944
    Temporary regulations...................................27482, 40076
    Harvest quotas.................................................40075
678.2  Amended; interim............................................68558
678.4  (j) corrected...............................................27336
678.7  (w) effective to 6-30-93....................................21947
    (p) revised; (x) added; interim................................68558
678.21  (c) added; interim.........................................68558
678.28  Effective to 6-30-93.......................................21948
681  Harvest quotas................................................21409
683  Technical correction..........................................29454
683.2  Amended.....................................................26256
683.6  (f) revised.................................................26256
683.21  (a)(5) added...............................................26256
683.25  (a)(5) removed; (a)(6) and (7) redesignated as (a)(5) and 
        (6)........................................................26256
685  Technical correction..........................................17642
685.5  (l) revised; (u) through (x) added; interim.................67701
685.11  Revised....................................................67701
685.12  Revised....................................................14171

[[Page 542]]

    Technical correction...........................................17642

                                  1994

50 CFR
                                                                   59 FR
                                                                    Page
Chapter VI
601.37  (a) revised; interim.......................................11559
605.24  Regulation at 58 FR 50288 confirmed........................38943
611  Fishery management measures.....685, 5762, 7647, 7656, 64346, 65975
    Technical correction...........................................13769
611.1--611.16 (Subpart A)  appendix A amended......................66790
611.62  Removed....................................................66790
625  Harvest quotas........257, 3320, 10586, 15863, 26971, 29207, 50512, 
                                                            55822, 60568
625.6  (a)(1) through (4), (b) and (c) revised; (a)(5) 
        redesignated as (a)(6); new (a)(5) added; interim..........11935
625.8  (c)(2) revised; interim.....................................11936
    Corrected......................................................19146
    (a)(6), (7) and (9) revised; (e) added.........................28810
    (c)(11) correctly designated...................................36720
625.20  (c) revised................................................28810
625.22  Revised; interim...........................................18757
625.24  (c) removed; (d) and (e) redesignated as (c) and (d); new 
        (e) and (f) added..........................................28810
625.25  (a) revised; interim.......................................18757
    (d) revised....................................................28810
625.28  Added......................................................28811
630  Temporary regulations..................................32136, 36090
630.7  (q) revised; (y) added......................................55064
630.50--630.52 (Subpart D)  Added..................................55064
638  Temporary regulations.........................................54841
638.1  Revised.....................................................66780
638.2  Amended.....................................................66780
638.3  (a) amended; (c) added......................................66780
638.4  Revised.....................................................66780
638.5  (o), (p) and (q) added; interim; eff. 5-16-94 through 8-14-
        94.........................................................25345
    (r), (s) and (t) added; interim................................32939
    (o), (p), (q) and (u) added; interim...........................42533
    Regulation at 59 FR 32939 eff. date extended through 12-25-94 
                                                                   47563
    Regulations at 59 FR 32939 and 47563 superseded................66780
    Revised........................................................66782
638.6  Redesignated as 638.8.......................................66780
    Added..........................................................66782
638.7  Revised.....................................................66782
638.8  Redesignated as 638.9; new 638.8 redesignated from 638.6....66780
638.9  Redesignated from 638.8.....................................66780
638.20--638.28 (Subpart B)  Revised................................66783
638.27  Added; interim; eff. 5-16-94 through 8-14-94...............25345
    Added; interim.................................................42534
638.28  Added; interim.............................................32939
    Regulations at 59 FR 32939 and 47563 superseded................66783
640.2  Amended.....................................................53119
640.4  (a), (b) heading, (1), (2)(vi) and (viii) introductory text 
        revised; (d) amended.......................................53119
640.6  (a), (b) heading and (1) introductory text revised; (b)(2) 
        amended....................................................53119
640.7  (a) revised; (u) added......................................53119
640.20  (c)(1) amended.............................................53119
640.21  (d) revised................................................53119
640.22  (b)(3)(i) revised..........................................53120
640.23  (c)(2) revised; (d) amended................................53120
641  Temporary regulations.........................................22760
641.1  (b) revised...................................................970
641.2  Amended................................................971, 39304
    Corrected......................................................49356
641.4  (a)(1), (4), (b)(1), (2) introductory text, (xi), 
        (xiii)(B), (h), (i) and (k) revised; (b)(2)(xiii)(C) and 
        (xiv) removed; (o) added; eff. in part 2-7-94 through 2-7-
        97...........................................................971
    (b)(2)(xiii)(B) correctly designated............................3749
    (a)(1) through (5) and (c) through (o) redesignated as 
(a)(1)(i) through (1)(v) and (d) through (p); new (a)(1) heading, 
(2), (c) and (n)(3) added; (b) heading, new (d) through (i) and 
(p)(4) revised; new (m) introductory text, (1), (2), (n)(2) and 
(p) introductory text amended.......................................6590

[[Page 543]]

    (m) introductory text, (4), (o) introductory text, (p)(4) and 
(5) revised; (n) introductory text added...........................39304
    (o)(3) added; eff. 1-1-95 through 2-23-95......................67650
641.5  (b), (c), (f), (g) and (i) revised............................971
    (d) revised.....................................................6591
    Regulation at 59 FR 6591 eff. date corrected to 3-9-94.........10675
641.6  Heading and (a) through (e) revised...........................972
641.7  (a), (b), (g), (i), (k), (l) and (s) revised; (y) through 
        (cc) added...................................................972
    (a), (b) and (c) revised; (y) amended; (bb) and (cc) 
redesignated as (cc) and (dd); new (bb) added.......................6591
    (ee) added; eff. 7-27-94 through 10-31-94......................39304
    Regulation at 59 FR 39304 eff. date extended to 12-31-95.......49356
    (x) added; eff. 1-1-95 through 2-23-95.........................67650
641.10  Added; eff. 7-27-94 through 10-31-94.......................39304
    (b)(3) corrected...............................................49356
641.21  (a)(1) and (b) revised.......................................972
    Regulation at 59 FR 39304 eff. date extended to 12-31-95.......49356
    (a)(1) revised.................................................67650
641.22  (b)(2)(i), (ii), (iii) introductory text, (A), (5) and (6) 
        revised; (b)(3) introductory text amended; (b)(7) added......973
641.23  (a)(3) and (b)(3) amended; (c) and (d) added.................973
    (b)(1) introductory text and (d)(2) introductory text revised 
                                                                   39305
641.24  (a) and (g) revised; (c)(1) amended..........................973
    (b)(1) revised.................................................67651
641.27  (a) amended..................................................974
641.28  Revised......................................................974
641.30  Added; eff. 1-1-95 through 2-23-95.........................67651
641  Appendix A amended..............................................974
642  Temporary regulations...........257, 4255, 5962, 8868, 49356, 66276
642.2  Amended.....................................................43781
642.4  (m) added; eff. in part 8-24-94 through 10-31-94............43781
642.7  (p) revised; (s) and (u) removed; (t) redesignated as (x); 
        new (s) through (w) added; eff. in part 11-1-94............43781
    (s) amended....................................................53120
642.25  (c) removed; (a)(1) introductory text and (i) revised......43782
    (a)(2) and (b)(2) amended......................................53120
642.26  Revised....................................................43782
642.27  (b) amended................................................53120
642.28  Redesignated as 642.29; new 642.28 added; eff. in part 11-
        1-94.......................................................43782
    (a)(1) and (2) amended; (b)(1) and (c) revised.................53121
642.29  Redesignated as 642.30; new 642.29 redesignated from 
        642.28.....................................................43782
642.30  Redesignated as 642.31; new 642.30 redesignated from 
        642.29.....................................................43782
642.31  Removed; new 642.31 redesignated from 642.30...............43782
646  Heading revised...............................................66272
646.1  (b) revised.................................................27244
    Revised........................................................66272
646.2  Amended.....................................................27244
    Amended........................................................66272
646.4  (b)(2)(vi)(A) and (B) amended; (b)(2)(vi)(C) removed........27244
    (e) through (m) redesignated as (f) through (n); (a)(3), 
(b)(2)(vii)(B), (C), (d) and new (j) revised; (a)(4), (5) and new 
(e) added; new (f), (g)(1), (i)(1), (2) and (n) amended............66272
646.5  (d) introductory text and (4) revised.......................27244
    (b) and (c)(1) amended.........................................66273
646.7  (kk) revised; (mm) redesignated as (ss); new (mm) through 
        (rr) added.................................................27244
    Revised........................................................66273
646.20  Revised....................................................27245
646.21  (j) added..................................................27245
    (a)(1)(i) and (iii) revised; (a)(1)(iv), (v) and (vi) 
redesignated as (a)(1)(v), (vii) and (viii); new (a)(1)(iv) and 
new (vi) added.....................................................66275

[[Page 544]]

646.22  (d), (e) and (f) removed; (g) redesignated as (d); new 
        (d)(1)(i) and (ii) introductory text revised; new 
        (d)(1)(iii) amended; new (e), new (f), new (g) and (h) 
        added......................................................66275
646.23  (a)(4) added; (b)(3) revised...............................27245
    (a)(2) and (3) removed; (a)(4) redesignated as (a)(3); new 
(a)(2) added; (c)(2) introductory text revised.....................66275
646.24  Revised....................................................27245
646.25  Redesignated as 646.27; new 646.25 added...................27245
646.26  (d) added..................................................27245
    Redesignated as 646.27.........................................66275
646.27  Redesignated as 646.28; new 646.27 redesignated from 
        646.25.....................................................27245
    Redesignated as 646.28; new 646.27 redesignated from 646.26....66275
646.28  Redesignated from 646.27...................................27245
    Redesignated as 646.29; new 646.28 redesignated from 646.27....66275
    Amended........................................................66276
646.29  Redesignated from 646.28...................................66275
    Revised........................................................66276
646  Figure 2 removed; Figure 3 redesignated as Figure 2...........27246
649  Revised.......................................................31943
649.20  (b) revised................................................26455
650  Revised........................................................2763
    Temporary regulations...........................................2777
650.2  Amended.....................................................36722
650.9  (b)(13) and (c)(14) suspended; (b)(25), (26), (c)(8) and 
        (9) added; interim; eff. 3-4-94 through 4-30-94............11007
    (b)(8), (11), (14), (15), (16), (c)(2), (5) and (6) revised....36722
650.20  Suspended; interim; eff. 3-4-94 through 4-30-94............11007
650.21  (b)(3)(i) suspended; (b)(3)(iv) added; interim; eff. 3-4-
        94 through 4-30-94.........................................11007
    (a)(1), (b)(1), (4)(ii), (iii) and (c) revised.................36723
650.22  (a) amended................................................59969
650.24  (c)(1) revised.............................................36723
650.27  Revised....................................................59969
650.30  Added; interim; eff. 3-4-94 through 4-30-94................11007
    (a) corrected..................................................14370
651  Revised; eff. in part to 4-2-94................................9884
651.2  Amended; eff. 1-3-94 through 4-2-94............................28
    Amended..........................................22762, 26976, 42178
651.4  (i) revised.................................................42178
651.5  (g) revised.................................................42178
651.6  (f) revised.................................................42178
651.7  (a)(3) through (7) and (b)(15) through (21) added; (b)(11) 
        suspended; eff. 1-3-94 through 4-2-94.........................28
651.9  Regulation at 59 FR 9884 eff. date extended in part to 6-
        30-94......................................................15656
    (a)(13) and (e)(31) revised....................................26976
    (a)(11), (12), (e)(33) and (34) revised........................32136
    (b)(1), (d) and (e)(2) introductory text revised...............36726
    (a)(7), (13), (e)(5) and (31) revised; (a)(14) added...........42178
    (a)(13), (e)(14) through (21), (28), (29) and (31) stayed; 
(a)(15) and (e)(36) through (51) added; eff. 12-12-94 through 3-
12-95..............................................................63929
651.20  (g) added; eff. 1-3-94 through 4-2-94.........................29
    (b)(3)(vi) added................................................5129
    (a)(2) and (5) corrected.......................................10588
    (a)(2) and (5) revised.........................................15657
    (a)(3)(i), (4)(i)(A), (c)(3)(i), (ii), (d)(3)(i), (ii), 
(e)(1)(iv) and (f)(4) revised......................................36726
    (a)(5), (e) heading, (1) introductory text, (2), (f) 
introductory text and (g) revised; (c)(4) introductory text 
amended............................................................42178
    (a)(4)(i)(B) revised...........................................47816
    (a)(2) through (5), (b)(2), (c)(2), (3), (4), (d)(2), (3), 
(e)(1)(iv), (2) and (f)(4) stayed; (a)(6) through (10), (b)(3), 
(c)(5) through (8), (d)(4), (5), (6), (e)(1)(v), (vi), (3), (f)(5) 
and (6) added; eff. 12-12-94 through 3-12-95.......................63929
    (a), (b) and (c) stayed; (d) added; eff. 12-12-94 through 3-
12-95..............................................................63932

[[Page 545]]

651.21  (a) introductory text, (1), (2) and (3) suspended; (c) 
        added; eff. 1-3-94 through 4-2-94.............................29
    (b)(6) added; (b)(3)(i) suspended; interim; eff. 4-3-94 
through 6-30-94....................................................15657
    (b)(3) revised.................................................32136
651.22  (b)(1)(i), (3)(ii), (iv), (7), (c)(1)(i) heading, (A), (E) 
        and (F) revised; (b)(3)(i) amended.........................22762
    (c)(1)(i) heading, (B) and (d)(2)(ii) revised..................36727
    (b)(7) and (c)(1)(i)(B) revised................................42179
    (d)(2)(i) and (ii) stayed; (d)(2)(iv) and (v) added; eff. 12-
12-94 through 3-12-95..............................................63932
651.23  (a) table amended..........................................42179
651.27  Regulation at 59 FR 9884 eff. date extended in part to 6-
        30-94......................................................15656
    (b) revised....................................................32136
    (a) heading, (1), (2) and (4) revised..........................36727
    (a)(1)(ii)(A) revised..........................................47816
    (a) introductory text and (1) through (4) stayed; (a)(5) and 
(6) added; eff. 12-12-94 through 3-12-95...........................63932
651.28  Added; eff. 1-3-94 through 4-2-94.............................29
651.29  Added; eff. 1-3-94 through 4-2-94.............................29
651.30  Revised....................................................42179
651.32  (a), (b)(1) and (2) revised................................26976
    (a)(1)(iii) table corrected....................................35056
    (a) introductory text and (1) introductory text revised........42179
    (a) stayed; (c) added; eff. 12-12-94 through 3-12-95...........63933
651  Figure 2 suspended; Figure 6 added; eff. 1-3-94 through 4-2-
        94............................................................29
    Figure 6 added..................................................5130
    Figure 4 added.................................................26978
    Figures 1 and 3 revised........................................42180
    Figure 3 stayed; Figure 5 added; eff. 12-12-94 through 3-12-95
                                                                   63933
652  Temporary regulations.........................................66487
    Harvest quotas..................................................6221
658  Temporary regulations..................................24660, 34582
658.1  Revised.....................................................66790
658.2  Revised.....................................................66790
658.3  (a) amended; (c) added......................................66791
658.4  Revised.....................................................66791
658.5  (a) introductory text, (4) and (b) revised..................66791
658.6  Revised.....................................................66791
658.7  Revised.....................................................66791
658.20--658.28 (Subpart B)  Revised................................66791
658.21  (a) stayed; (d) added; eff. 10-19-94 through 12-31-94......53605
658.22  (a) Figure 1 redesignated as appendix A Figure 1...........66791
658.23  (b) Figure 3 redesignated as appendix A Figure 3...........66791
658  appendix A amended.....................................66791, 66792
661  Appendix amended................................23013, 23015, 23016
    Inseason adjustments...........................................28014
    Temporary regulations..........................................31170
662  Harvest quotas................................................43501
662.2  Amended.....................................................18978
662.20  (a) revised................................................18978
663  Temporary regulations....................33700, 46002, 50857, 51872
    Fishery management measures...............................685, 23638
    Restrictions.....................................25832, 29736, 62626
663.7  (q) amended; interim..........................................700
    (o) amended; eff. 4-8-94 through 12-31-96......................17493
663.23  (b)(2) heading and (c)(1) heading revised; (c)(2) 
        redesignated as (c)(3); (b)(2) introductory text and new 
        (c)(2) added; interim........................................700
    (b)(4) added; eff. 4-8-94 through 12-31-96.....................17493
663.24  Removed; interim.............................................701
663.31  Amended; interim.............................................701
663.33  (f)(2) suspended 12-29-93 to 4-1-94..........................259
    (d)(1) amended; interim..........................................701
    Suspension at 59 FR 259 extended through 4-14-94...............15345
    (g) revised....................................................17735
663.35  (b)(1), (2)(i) and (ii) amended; interim.....................701
663.36  (b)(1) amended; interim......................................701
663.37  (b)(1) amended; interim......................................701
663.41  (c)(2) and (3) amended; interim..............................701
663.45  Added; eff. 12-23-94 through 3-30-95.......................67653
663  Appendix amended; interim.......................................701

[[Page 546]]

669.23  (b)(1) revised.............................................11560
671.4  Added; eff. 10-6-94.........................................46134
671.20  Removed....................................................28281
671.21  Added; eff. 10-6-94........................................46134
672  Temporary regulations.........4256, 5736, 6912, 8868, 11209, 12551, 
         13894, 15134, 17737, 21946, 26761, 28811, 29208, 29548, 33212, 
         35056, 37180, 37723, 39477, 39478, 42776, 43296, 45239, 49592, 
           50170, 51134, 51872, 51873, 52099, 52923, 53937, 55066, 59969
    Fishery management measures..............................7647, 65975
    Technical corrections..........................................17848
    Prohibition of retention..................39705, 40314, 44341, 45239
    Inseason adjustment............................................49863
672.2  Amended...............................................9422, 50701
672.4  (b) introductory text and (1) through (10) redesignated as 
        (b)(1) introductory text and (i) through (x); (b)(2) 
        added; eff. 10-6-94........................................46134
672.7  (n) added....................................................9423
    (o) added......................................................18761
    (k) revised....................................................50170
672.20  (f)(1)(i) and (h)(1) suspended; eff. 2-7-94 to 5-11-94; 
        (f)(3) and (h)(3) added; interim............................6225
    (g)(1)(i)(A), (ii), (2) and (4)(ii) revised....................10589
    (i)(1) and (6) revised.........................................14122
    Regulation at 59 FR 6225 eff. date extended through 8-9-94.....24965
    (f) and (h)(1) revised.........................................38134
    (f)(3)(ii) and (g)(4)(i) suspended; (f)(3)(iv) and (g)(4)(iii) 
added; interim; eff. 9-12-94 to 12-10-94...........................44945
    (i)(3) revised; (i)(4) removed; (i)(5), (6) and (7) 
redesignated as (i)(4), (5) and (6); (j) added.....................50701
    Table 1 added..................................................50702
    Corrected......................................................54842
672.27  (g) added..................................................18761
    (a) amended; (b), (c)(1)(ii)(D), (iii)(C) and (D) revised; 
(c)(1)(ii)(E), (iii)(E), (F), (iv) and (v) added...................22136
    Revised; eff. 10-6-94..........................................46135
675  Recordkeeping and reporting requirements.......................3000
    Temporary regulations.........4009, 8142, 8869, 10082, 13662, 15346, 
         16570, 17738, 22762, 23172, 24360, 24361, 26144, 26145, 27246, 
         28811, 29208, 29737, 29964, 30307, 32386, 33920, 34392, 34583, 
         35056, 35057, 35638, 36727, 39305, 41412, 43501, 43783, 46771, 
         49032, 49593, 49864, 50858, 51873, 51874, 52452, 53121, 55822, 
                                                     60569, 63063, 66276
    Prohibitions of retention...............................51387, 61555
    Fishery management measures.......................7656, 32385, 64346
    Technical correction...........................................13769
    Apportionment.............................21673, 46570, 54842, 59177
    Reallocation...................................................42776
675.2  Amended........................................9423, 18762, 50704
675.4  (b) introductory text and (1) through (10) redesignated as 
        (b)(1) introductory text and (i) through (x); (b)(2) 
        added; eff. 10-6-94........................................46135
675.7  (o) added....................................................9423
    (p) added......................................................18762
675.20  (a)(2)(iv), (v) and (3)(iv) added...........................4012
    (h)(2), (6) and (i)(1) suspended; (h)(7), (8) and (i)(3) 
added; eff. 2-7-94 to 5-11-94.......................................6226
    (j)(1) and (6) revised.........................................14123
    (c)(3) and (4) revised; (c)(6) added...........................18762
    Regulation at 59 FR 6226 eff. date extended through 8-9-94.....24965
    (h)(2) and (i)(1) revised......................................38135
    (j)(3) revised; (j)(4) removed; (j)(5), (6) and (7) 
redesignated as (j)(4), (5) and (6); (k) added.....................50704
675.21  (a)(4) and (c)(1)(iii) removed; (a)(5), (6), (7) and 
        (c)(1)(iv) redesignated as (a)(4), (5), (6) and 
        (c)(1)(iii); new (a)(4), (b)(1) introductory text, (2)(i) 
        and new (c)(1)(iii) revised................................18763
675.22  (h) added; interim; eff. 8-15-94 through 11-12-94..........35479
675.23  (c) suspended; (f) added; eff. 2-7-94 to 5-11-94............6226
    (c) revised....................................................38135
    (e) revised....................................................64868
675.25  (g) added..................................................18763
    Revised........................................................22137

[[Page 547]]

    Existing text suspended; (a) through (d) added; interim; eff. 
8-15-94 through 11-12-94...........................................35479
    Revised; eff. 10-6-94..........................................46135
675.27  (e)(4) revised; (h) added..................................25349
676  Temporary regulations...........................................701
676  Fishery management measures................7647, 7656, 64346, 65975
    Technical correction...........................................13769
676.13  (a)(1) introductory text revised; eff. 10-6-94.............46135
    Regulation at 59 FR 46135 eff. date corrected to 1-1-95........51874
    Regulation at 59 FR 46126 effective date corrected to 1-1-95 
                                                                   51874
676.16  (q) redesignated as (r); new (q) added; eff. 10-6-94.......46135
    (i) and (n) removed............................................51138
    Regulation at 59 FR 46135 eff. date corrected to 1-1-95........51874
    Regulation at 59 FR 46126 effective date corrected to 1-1-95 
                                                                   51874
676.20  (a)(1)(iii) revised........................................43503
    (a) revised; (f) introductory text amended.....................51138
676.21  Revised....................................................51138
676.22  (g) revised................................................51139
676.24  (b), (e)(1) and (i)(1) revised.............................43503
    Regulation at 59 FR 43503 eff. date corrected to 1-1-95........51874
    Regulation at 59 FR 43502 effective date corrected to 1-1-95 
                                                                   51874
676.25  Added......................................................28283
677  Added; eff. 10-6-94...........................................46135
    Specifications.................................................61556
678  Temporary regulations.............25350, 38943, 44644, 51388, 55066
    Harvest quotas.................................................33450
678.2  Regulation at 58 FR 68558 comment period extended............3321
    Amended........................................................52456
678.4  (a)(1) through (4) and (c) redesignated as (a)(1)(i) 
        through (iv) and (l); (a)(1) heading, new (a)(2) and new 
        (c) added; new (a)(1)(i), (d), (e)(1), (g), (h), and new 
        (l) revised; new (a)(1)(iv) amended........................52456
678.5  (a)(2) amended; (b) and (c) redesignated as (c) and (d); 
        new (b) added..............................................52456
678.7  Regulation at 58 FR 68558 comment period extended............3321
    (a), (c), (k) through (q) and (s) through (v) revised; (d) 
amended; (y) and (z) added.........................................52457
678.21  Regulation at 58 FR 68558 comment period extended...........3321
    Redesignated as 678.22; new 678.21 added.......................52457
678.22  Redesignated as 678.23; new 678.22 redesignated from 
        678.21; (c)(1) revised.....................................52457
678.23  Redesignated as 678.24; new 678.23 redesignated from 
        678.22.....................................................52457
678.24  Redesignated as 678.25; new 678.24 redesignated from 
        678.23.....................................................52457
678.25  Redesignated as 678.26; new 678.25 redesignated from 
        678.24; (a) introductory text and (2) amended..............52457
678.26  Redesignated as 678.27; new 678.26 redesignated from 
        678.25; (a) and (b) revised; (c) amended; (d) added........52457
678.27  Redesignated as 678.28; new 678.27 redesignated from 
        678.26.....................................................52457
678.28  Redesignated from 678.27...................................52457
681  Harvest quotas..........................................6912, 44341
681.2  Amended.....................................................56005
681.5  (a), (b) heading, (c) and (d) revised; (e) added............56005
681.7  (b)(5) revised; (b)(14) added...............................56006
681.11  Added......................................................56006
681.25  Revised....................................................56006
681.30  (c)(2)(ii) revised.........................................35270
    (c) revised....................................................56006
683.28  Added; interim.............................................32939
685.2  Amended..............................................26982, 58791
685.4  (b) introductory text revised...............................26982
685.5  (e) through (h) revised; (r) through (x) redesignated as 
        (n) through (t); new (u) through (x), (y) and (z) added....26982
    (aa) through (hh) added........................................58791
685.9  Revised.....................................................26983

[[Page 548]]

    (c)(4) corrected...............................................28449
685.11  (a) amended.........................................18501, 26984
685.13  Revised....................................................26984
685.14  Revised....................................................58791
685.15  Revised....................................................26984
    Corrected......................................................52924
685.16  Added......................................................58791
685.17  Revised....................................................26984
    Corrected......................................................52924
685.18  Added......................................................26984
685.23  Removed; new 685.23 redesignated from 685.24...............26986
    (d) table amended..............................................46933
685.24  Redesignated as 685.23; new 685.24 redesignated from 
        685.25; (a)(1) and (f) introductory text revised...........26986
685.25  Redesignated as 685.24; new 685.25 redesignated from 
        685.26 and revised.........................................26986
685.26  Redesignated as 685.25.....................................26986
685  Figure 1 added................................................26987
695.2  Amended; eff. 10-28-94......................................49358
695.6  Added; eff. 10-28-94........................................49358
695.7  (f), (k) and (s) added; eff. 10-28-94.......................49358
695.21  (d) added; eff. 10-28-94...................................49358

                                  1995

50 CFR
                                                                   60 FR
                                                                    Page
Chapter VI
604  Removed.......................................................39272
611  Specifications..........................................2331, 62339
    Fishery management measures..............................7288, 20916
    Specifications and fishery management measures....8470, 8479, 13780, 
                                                                   61492
611.50  (b)(4)(i) and (ii) revised; interim........................37850
611.51  Removed; interim...........................................37850
611.52  Added; interim.............................................37850
625  Harvest quotas.......1757, 2905, 27906, 30923, 45107, 53281, 57685, 
                                                     57686, 64349, 67339
    Specifications..................................................8958
625.4  (a)(3) revised..............................................14230
625.20  (a) introductory text revised..............................57957
625.22  Revised....................................................40114
625.25  (a) revised................................................40114
630  Temporary regulations...................................2032, 35869
630  Inseason adjustments..........................................58245
630.2  Amended..............................................35341, 46778
630.7  (z) added; interim..........................................46778
630.23  (d) added; interim.........................................46778
630.24  (b)(1) and (f) revised; (d)(6) amended.....................46778
    (d)(6) corrected...............................................51934
630.25  (a)(1) and (2) amended; (c)(2)(ii) revised.................46778
638  Temporary regulation..........................................62762
    Heading revised................................................66927
638.1  (a) amended.................................................66927
638.2  Amended.....................................................56536
638.4  (a)(1)(v) amended...........................................66927
638.7  (m), (n) and (p) revised....................................56536
    (k) and (q) amended; (x), (y) and (z) added....................66927
638.21  Revised....................................................66927
638.23  (a)(1) and (b)(1) amended; (c) revised.....................66927
638.26  Revised....................................................56536
638.27  (a) and (c) amended; (b)(2) revised........................66927
640.2  Amended.....................................................41830
640.4  (a)(1) revised..............................................41830
640.6  (a) revised; (c) amended....................................41830
640.7  (e), (f), (p), (r) and (s) amended..........................41831
640.20  Revised....................................................41831
640.22  (a)(1) amended; (b)(3)(i) revised..........................41831
640.23  Revised....................................................41831
640.24  Amended....................................................41832
641  Temporary regulations..................................19363, 55805
641.1  (b) revised.................................................61206
641.2  Amended..............................................61206, 64355
641.4  (a)(2) and (i) amended; (q) added...........................61207
    (a), (b), (m) and (n) revised; (f)(1) and (h) amended; (o) and 
(p) removed........................................................64352
    (a)(3) and (o) added; (a)(4) revised...........................64354
641.5  (d)(2) revised; (d)(3) redesignated as (d)(4); new (d)(3) 
        added......................................................61207
    (c) amended....................................................64354
641.7  (ee) through (kk) added; (g), (r), (s) and (bb) revised.....61207
    (a), (g), (r), (s), (y) and (bb) revised; (x), (ll) and (mm) 
added..............................................................64354
    (gg) and (jj)(1) amended.......................................64355
641.10  Added......................................................61207
    (b)(4), (6) and (7) amended....................................64355
641.23  (d)(2)(iii) amended........................................64355

[[Page 549]]

641.24  (a)(2) and (3) redesignated as (a)(3) and (4); new (a)(2) 
        added; new (a)(4) amended; (g) revised.....................61209
    (g) removed....................................................64354
    (a)(1)(ii)(A) amended..........................................64355
641.25  Introductory text amended..................................64355
641.27  (a) amended................................................64355
641.28  Redesignated as 641.29; new 641.28 added...................64354
641.29  Redesignated as 641.30; new 641.29 redesignated from 
        641.28.....................................................64354
641.30  Redesignated from 641.29...................................64354
642  Temporary regulations...............4866, 7716, 10333, 10514, 47100
642.7  (y) added; interim; eff. 2-1-95 through 5-8-95...............7136
    (s), (t) and (u) revised.......................................57689
642.24  (a)(1)(ii)(A) revised......................................57689
642.25  (a)(2) and (b)(2) amended..................................57689
642.27  (b) amended................................................57689
642.28  (a)(2) and (c) amended; (b)(1), (2) and (e) introductory 
        text revised...............................................57689
642.32  Added; interim; eff. 2-1-95 through 5-8-95..................7136
644.2  Amended.....................................................35341
645.2  Amended.....................................................35341
646.2  Amended.....................................................19684
646.6  (g) amended.................................................19684
646.7  (zz) added; interim; eff. 1-18-95 through 4-18-95............3563
    (pp)(1), (2) and (3) corrected.................................12592
    Regulation at 60 FR 3563 eff. date extended to 7-17-95.........19364
    (pp)(2) and (3) redesignated as (pp)(3) and (4); (bb) and new 
(pp)(2) added; new (pp)(4) amended................................19684
646.21  (b)(3) added; interim; eff. 1-18-95 through 4-18-95.........3563
    Regulation at 60 FR 3563 eff. date extended to 7-17-95.........19364
    (a)(1)(ix) and (k) added.......................................19684
646.22  (b) and (c)(1) amended.....................................19684
646.23  (b)(2) revised; (b)(6) added...............................19684
646.25  Revised....................................................19684
649.4  (a)(1) and (b) introductory text amended; (b)(1)(i), 
        (2)(i), (3), (p) and (q) revised; (b)(5)(vi) added.........21997
    (b)(1)(i)(C) amended...........................................45682
    (b)(6) added...................................................62225
650.2  Amended.....................................................35514
650.4  Introductory text revised; (a)(10) added....................62225
650.9  (a)(5) and (d)(13) revised; (b)(25) and (26) added..........33758
650.21  (c) revised................................................17273
    (a) introductory text revised; (b)(4)(iv) and (f) added........33758
650.24  (c)(2)(i) revised; (c)(2)(ii) redesignated as (c)(2)(iii); 
        new (c)(2)(ii) added.......................................35514
650  Figure 2 added................................................33759
    Figures 3 and 4 added..........................................35515
651  Recordkeeping and reporting requirements......................21994
651.2  Amended........................................6447, 19368, 35518
651.4  (f)(2)(iv) revised...........................................6447
    (d) amended; (f) revised; (t) added............................19369
    introductory text revised; (a)(10) added.......................62226
651.5  (a) revised...........................................6447, 19369
651.9  (e)(36) revised; interim; eff. 1-10-95 through 3-12-95.......3103
    (b)(1) revised; (b)(11) and (e)(36) added.......................6447
    Regulations at 59 FR 63929 and 60 FR 3103 eff. date extended 
to 6-10-95.........................................................13079
    (a), (b) and (e) revised.......................................19369
    (e)(14) and (15) revised.......................................26842
    (e)(40) correctly added........................................51370
651.20  (a)(7)(i), (8) introductory text, (9), (c)(6)(ii), (7) 
        introductory text and (d)(5)(ii) revised; interim; eff. 1-
        10-95 through 3-12-95.......................................3103
    (b)(2)(ii) and (c)(2)(ii) amended; (c)(4) introductory text 
revised.............................................................6447
    Regulations at 59 FR 63929 and 60 FR 3103 eff. date extended 
to 6-10-95.........................................................13079
    (a) through (f) revised; (i) and (j) added (OMB number 
pending)...........................................................19371
    (a)(2), (6)(i), (d)(3)(i), (e), (f) and (j)(8) revised; (a)(8) 
added..............................................................26842
    (a)(8)(i) and (ii) corrected...................................30157

[[Page 550]]

651.21  (d)(1)(ii) and (2)(ii)(B) revised; (d)(1)(iii) and 
        (3)(ii)(C) added; interim; eff. 1-10-95 through 3-12-95.....3104
    Regulations at 59 FR 63932 and 60 FR 3104 eff. date extended 
to 6-10-95; (d)(1)(ii)(B), (2)(ii)(B) and (3)(ii)(C) revised; 
(d)(1)(iv) added; eff. 3-13-95 through 6-10-95.....................13079
    Revised (OMB number pending)...................................19376
651.22  (c)(1)(i)(B) and (d)(1)(i)(C) revised.......................6447
    Regulation at 59 FR 63932 eff. date extended to 6-10-95........13079
    (c), (d) and (e) revised.......................................19377
    (b)(3)(iii) revised; (b)(3)(iv) redesignated as (b)(3)(v); new 
(b)(3)(iv) added...................................................35518
651.23  (c) revised..........................................6448, 19378
651.27  Regulation at 59 FR 63933 eff. date extended to 6-10-95....13079
    Revised........................................................19378
651.32  Regulation at 59 FR 63933 eff. date extended to 6-10-95....13079
    Revised........................................................19378
    (b)(4) and (5) revised.........................................55207
    (a)(1)(ii) revised.............................................55210
651  Figure 1 and 3 revised; Figure 4 corrected; Figure 5 removed 
                                                                   19379
    Figure 5 added.................................................26844
    Figures 6 and 7 added..........................................35519
    Figure 4 amended...............................................55210
    Figure 8 added.................................................55211
652  Temporary regulations.........................................62226
    Harvest quotas.................................................25853
653.2  Amended.....................................................35341
654  Revised.......................................................13919
654.6  (a) corrected...............................................20916
655  Specifications................................................17464
658.25  Corrected...................................................5461
658.29  Added......................................................66928
661  Temporary regulations.....21746, 37045, 37850, 42469, 43564, 47493, 
                                                                   48673
    Inseason adjustments......................32277, 40302, 43984, 47493
    Technical correction...........................................39991
662  Harvest quotas................................................40303
663  Temporary regulations.........................................58527
    Specifications..................................................2331
    Restrictions............................................16811, 38519
    Fishery management measures....................................22303
    Temporary regulations..........................................24572
    Inseason adjustments.............................37022, 39875, 46538
663.2  Amended.....................................................13379
663.22  (b)(5) removed; (b)(6) redesignated as (b)(5); (a), 
        (b)(2), (3), (4), new (5) and (c) revised..................13379
663.23  (b)(2)(i) through (iv) stayed; (b)(2)(v) added; eff. 2-17-
        95 through 9-1-95..........................................10040
    (b)(2) revised.................................................34473
663.41  (c)(4) added; eff. 1-27-95 through 5-2-95...................6040
669.2  Amended.....................................................35341
670  Added.........................................................58222
671  Technical correction..........................................47312
671.2  Amended.....................................................40771
671.3  Added.......................................................40771
671.4  Revised; eff. 1-1-96 through 12-31-98.......................40771
672  Temporary regulations...2905, 5337, 5338, 7136, 7917, 11915, 13079, 
         14390, 15072, 15521, 16587, 17465, 20658, 24800, 25623, 26694, 
         27425, 30199, 30200, 33149, 35711, 35870, 36236, 37600, 37601, 
         38519, 38765, 46067, 48053, 50503, 50504, 51934, 51935, 52128, 
                         52632, 53714, 53881, 54200, 54818, 56255, 61213
    Fishery management measures.......................7288, 20916, 35146
    Specifications and fishery management measures...........8470, 61492
    Recordkeeping and reporting requirements........................8478
    Nomenclature change............................................20249
    Inseason adjustments...........................................46067
672.2  Amended..............................................40306, 63657
672.3  (f) added; eff. 9-11-95 through 12-31-98....................40771
    Regulation at 60 FR 40771 eff. date corrected to 9-11-95 
through 12-31-98...................................................47312
672.4  (a) and (b)(1) introductory text revised; (k) added; eff. 
        1-1-96 through 12-31-98....................................40771
672.7  (l)(2)(i) revised...........................................40306
    (h) heading and (2) revised....................................63657
    (a)(2)(v) heading, (c)(1)(i) heading, (ii) heading, (2)(i) 
heading and (ii) heading revised...................................63657
672.20  (f)(1)(ii) and (3)(ii) revised.............................12151

[[Page 551]]

    Regulation at 60 FR 12151 eff. 3-15-95.........................14912
    (d)(1)(i), (ii), (2), (5)(i) and (iv)(A)(3) amended............20249
    (i)(3) table and Table 1 amended...............................24801
    Corrected......................................................29505
    Table corrected................................................36237
    (c)(2)(i) and (ii) amended; (g) revised; Table 2 added.........40306
    Table 2 corrected..............................................43494
672.23  (c) removed; (d), (e) and (f) redesignated as (c), (d) and 
        (e)........................................................12152
673  Added; eff. 2-23-95 through 5-30-95...........................11056
    Regulation at 60 FR 11056 eff. date extended from 5-31-95 
through 8-28-95....................................................28359
    Added..........................................................42078
673.2  Corrected...................................................12825
675  Temporary regulations........2905, 6974, 8960, 10040, 11915, 12487, 
         14390, 14912, 15521, 17028, 17653, 19864, 20658, 20916, 22306, 
         25149, 26694, 26695, 26845, 27425, 30792, 33150, 37602, 39877, 
         43984, 49348, 50138, 52129, 53147, 53881, 54046, 54617, 55212, 
                                55662, 55805, 55806, 56001, 61213, 64128
    Inseason adjustments....................................57545, 63451
    Fishery management measures..............................5762, 50504
    Specifications and fishery management measures..........13780, 62339
    Responses to comment...........................................16587
    Nomenclature change............................................20249
    Apportionment...........................................32278, 47313
    Harvest quotas.................................................66516
675.2  Amended..............................................40307, 63657
675.3  (f) added; eff. 9-11-95 through 12-31-98....................40772
    Regulation at 60 FR 40772 eff. date corrected to 9-11-95 
through 12-31-98...................................................47312
675.4  (a) and (b)(1) introductory text revised; (k) added; eff. 
        1-1-96 through 12-31-98....................................40772
675.7  (m)(2)(i) revised...........................................40307
    (i) heading, (2) and (j) heading revised.......................63658
675.20  (h)(2) revised..............................................8488
    (b)(1)(i), (ii), (iii) and (2)(i) amended......................20249
    (j)(3) table amended...........................................24802
    (a)(8) amended; (h) revised; Table 1 added.....................40307
    Table corrected................................................43494
    (a)(2)(iii) heading, (3)(i) heading, (ii) heading and (iii) 
heading revised....................................................63658
675.21  (b)(1)(iii)(B)(2) revised...................................8488
    (b)(2)(ii)(B), (C), (3)(ii) and (iii) redesignated as 
(b)(2)(ii)(D), (E), (3)(ii)(A) and (B); new (b)(2)(ii)(B), new 
(C), (3)(ii) heading and new (3)(iii) added; new (b)(2)(ii)(E), 
(4) and (d) revised................................................12151
    Regulation at 60 FR 12151 eff. 4-15-95.........................14912
    (c)(1)(i), (ii), (iii), (2) introductory text and (d) revised 
                                                                   40309
675.22  (h) added; interim; eff. 1-20-95 through 4-1-95.............4869
    (h) added......................................................34905
    (g) introductory text revised..................................40309
    (i) added......................................................61218
    (g) and (h)(2) revised.........................................63658
675.23  (e)(2) heading revised.....................................63658
    Heading, (b)(1)(i), (vii), (2)(vii), (3)(ii)(B), (e) and (f) 
heading revised; introductory text added...........................63658
675.24  (h) added...................................................4113
675.25  Revised....................................................34905
    (b) revised....................................................48055
676  Fishery management measures.......................5762, 7288, 20916
676  Interpretation................................................58528
    Specifications and fishery management measures....8470, 8479, 13780, 
                                                                   61492
    Specifications.................................................62339
    Nomenclature change............................................20249
676.1  Added; eff. 9-11-95 through 12-31-98........................40772
676.2  Added; eff. 9-11-95 through 12-31-98........................40772
    Corrected......................................................47312
676.3  Added; eff. 1-1-96 through 12-31-98.........................40772
676.4  Added; eff. 1-1-96 through 12-31-98.........................40772
676.5  Added; eff. 9-11-95 through 12-31-98........................40772
676.6  Added; eff. 9-11-95 through 12-31-98........................40772

[[Page 552]]

676.6  Regulation at 60 FR 45379 confirmed.........................61498
676.11  Amended....................................................22309
676.13  (f)(1) and (2) revised.....................................22309
676.14  (a), (b)(1), (2), (e) and (f) revised......................22309
676.16  (d) revised; interim.......................................45379
676.17  (a)(1) through (4) redesignated as (a)(6) through (9); new 
        (a)(1) through (4), (5) and (c) added; (a) introductory 
        text, new (9), (b) and (c) revised.........................22309
676.20  (d)(3) revised; (e) removed; interim........................6450
    (a)(1) and (2) added...........................................57546
    Regulation at 60 FR 6450 confirmed.............................61498
676.22  (c)(3)(i) and (ii) added; (i)(3) revised...................22310
676.23  (b) revised.........................................12152, 40309
676.24  (i)(3) revised.............................................11917
    (c), (e) and (h)(3)(i) amended.................................20249
    (j)(4) revised.................................................22310
676.25  (a), (b), (d)(1), (2), (g) introductory text, (1), (2), 
        (k), (m)(4), (n)(8) and (o) revised; interim................6450
676.25  Regulation at 60 FR 6450 confirmed.........................61498
677  Specifications.........................................53715, 62339
    Specifications and fishery management measures.................61492
    Responses to comment...........................................16587
    Technical correction...........................................47312
677.2  Amended......................................................2345
677.4  (a) revised..................................................2346
    (b) introductory text revised..................................40775
677.6  (b)(1)(iii)(A) revised......................................42471
677.6  (d)(3)(ii)(C) removed; (b)(2) and (d)(3)(ii)(D) 
        redesignated as (b)(3) and (d)(3)(ii)(C); new (b)(2) 
        added; new (b)(3) heading revised..........................66757
677.7  (e) revised..................................................2346
677.10  (a)(1)(i)(C) revised........................................2346
    (a)(1)(i)(G) and (H) added; (c)(3) revised; interim; eff. 1-
20-95 through 4-1-95................................................4870
    (c)(3) and (d)(3) revised......................................34906
    (a)(3) revised.................................................42471
677.10  (a) heading, (1)(ii)(A) through (F), (b) heading and (g) 
        introductory text revised; (a)(1)(i)(C) through (F) 
        redesignated as (a)(1)(i)(D) through (G); new (a)(1)(i)(C) 
        and (2)(iii) added.........................................66758
677.11  (a)(4) revised.............................................66758
677  Figure 1 revised...............................................2346
    Figure 1 removed...............................................40775
678  Temporary regulations..................................27042, 49235
    Inseason adjustments...........................................37023
678.2  Amended.....................................................35341
678.24  (b) revised................................................21469
681  Harvest quotas................................................13380
697  Added.........................................................58251

                                  1996

  (Regulations published from January 1, 1996 through October 1, 1996)

50 CFR
                                                                   61 FR
                                                                    Page
Chapter  VI Interpretation.........................................30543
600  Revised.......................................................32540
600.730  (a) corrected.............................................37225
601  Removed.......................................................32577
602  Removed.......................................................32577
603  Removed.......................................................32577
605  Removed.......................................................32577
611  Specifications and fishery management measures..................279
    Specifications.....................................4304, 4311, 18988
    Fishery management measures.....................................9955
    Authority citation revised.....................................26436
    Removed........................................................32577
611.2  Amended.....................................................26436
611.7  (a)(27) and (28) redesignated as (a)(29) and (30); new 
        (a)(27) and (28) added.....................................26437
611.14  Revised....................................................26437
611.1--611.16 (Subpart A)  Appendix A amended......................26437
611.50  (b)(3), (4)(i) and (ii) revised............................14468
619  Removed.......................................................32577
620  Technical correction...........................................7050
    Removed........................................................32577
620.2  Amended.....................................................26438
620.7  (i) added; eff. 1-26-96 through 5-1-96; interim..............3602
    (i) revised; (j) and (k) added; interim; eff. 3-13-96 through 
5-1-96.............................................................11165

[[Page 553]]

    (i) revised; (j) and (k) removed; interim; eff. 4-9-96 through 
5-1-96.............................................................16401
    Regulation at 61 FR 16401 eff. date extended to 7-23-96........20175
    (i) through (l) added..........................................26438
    (i) removed; (m) added; eff. 5-29-96 through 7-23-96...........27795
    (m) removed....................................................33695
620.10  Added......................................................26439
621  Removed.......................................................32577
622  Added; interim................................................34934
    Temporary regulations..........................................44184
    Regulation at 61 FR 34934 confirmed............................47821
622.1  Table 1 amended.............................................43956
622.2  Amended.....................................................43956
    Amended; eff. 10-9-96..........................................47448
622.4  (a)(4) and (d) amended; eff. in part 8-27-96................43956
    (a)(2)(viii) added; (a)(4) amended; eff. 11-1-96...............47448
    (a)(2)(ix) and (p) added.......................................48414
622.5  (a)(1)(v), (2)(ii) and (c)(6) added; (a)(2) redesignated as 
        (a)(2)(i); (a)(2) heading revised; eff. 10-28-96...........43956
    (c)(7) added; eff. 11-1-96.....................................47448
622.6  (a)(1)(i) introductory text, (b)(1)(ii), (2)(ii), (c) and 
        (d) amended; eff. 10-28-96.................................43957
622.7  (a), (b) and (c) revised; (w) through (z) added; eff. in 
        part 10-28-96..............................................43957
    (i)(5) amended.................................................48415
622.8  Added.......................................................43957
622.16  Stayed.....................................................48415
622.17  Added......................................................43957
    (a), (g), (i) and (j) added; eff. 10-28-96.....................43959
622.32  (b)(4)(v) and (vi) added...................................43959
622.34  (l) added; eff. 10-16-96...................................48642
622.35  (f) added..................................................43959
    (g) added; eff. 10-9-96........................................47449
622.38  (f) added..................................................43959
622.40  (a)(3) revised; (b)(3)(ii), (c)(3)(ii) and (d)(2)(ii) 
        added; (d)(2) redesignated as (d)(2)(i); eff. in part 10-
        28-96......................................................43959
622.41  (e) added..................................................43959
622.42  (a)(1) revised.............................................48643
622.44  (e) added..................................................48415
    (a) revised....................................................48851
622.45  (f)(1) through (4) added; eff. in part 10-28-96............43960
    (g) added; eff. 11-1-96........................................47449
622.48  (g) added..................................................43960
625  Quotas..............................292, 10285, 10286, 11344, 15199
    Removed........................................................35011
625.20  (a) introductory text revised................................292
625.25  (a) amended................................................32712
625.31--625.39 (Subpart C)  Added; interim; eff. 3-22-96 through 
        6-25-96....................................................13453
    Regulation at 61 FR 13453 eff. date extended through 9-23-96 
                                                                   33382
625.53--625.54 (Subpart D)  Added; interim; eff. 3-22-96 through 
        6-25-96....................................................13454
    Regulation at 61 FR 13454 eff. date extended through 9-23-96 
                                                                   33382
630  Temporary regulations..................................35971, 37842
630.5  (a)(1) revised..............................................27307
630.7  (q) revised.................................................27307
630.20  Revised....................................................27307
630.23  (b) removed; (c) and (d) redesignated as new (b) and (c); 
        (a) and new (b) amended....................................27307
630.24  (b)(1), (d)(4) and (e) revised; (b)(2) redesignated as 
        (b)(4); new (b)(2) and (3) added...........................27307
630.25  (b) amended................................................27308
    Corrected......................................................34746
630.323  (a)(2)(ii) corrected......................................37843
638  Removed; interim..............................................34964
641  Temporary regulations.........................................14683
    Removed; interim...............................................34964
641.1  Regulation at 60 FR 61206 eff. date delayed..................7753
    Regulations at 60 FR 61206 and 61 FR 7753 eff. date correctly 
delayed to 5-29-96.................................................25833
641.4  Regulations at 60 FR 61207 and 64354 eff. date delayed.......7753
    Regulations at 60 FR 61207 and 61 FR 7753 eff. date correctly 
delayed to 5-29-96.................................................25833
641.5  Regulation at 60 FR 61207 eff. date delayed..................7753
    Regulations at 60 FR 61207 and 61 FR 7753 eff. date correctly 
delayed to 5-29-96.................................................25833
641.7  (nn) through (qq) added; interim...............................19

[[Page 554]]

    Regulations at 60 FR 61207 and 64354 eff. date delayed; (nn), 
(oo) and (pp) revised; eff. 2-23-96 through 5-29-96; (qq) removed 
                                                                    7754
    Regulations at 60 FR 61207 and 61 FR 7754 eff. date correctly 
delayed to 5-29-96.................................................25833
641.10  Regulation at 60 FR 61207 eff. date delayed.................7754
    Regulations at 60 FR 61207 and 61 FR 7754 eff. date correctly 
delayed to 5-29-96.................................................25833
641.24  Regulation at 60 FR 61209 eff. date delayed.................7754
    Regulations at 60 FR 61209 and 61 FR 7754 eff. date correctly 
delayed to 5-29-96.................................................25833
641.31  Added; interim................................................19
    Revised; eff. 2-23-96 through 5-29-96...........................7754
641.32  Added; interim................................................19
    Revised; eff. 2-23-96 through 5-29-96...........................7754
641.33  Added; interim................................................20
    Revised; eff. 2-23-96 through 5-29-96...........................7754
641.34  Added; interim................................................20
    Removed.........................................................7754
642  Temporary regulations.......................2728, 6175, 7078, 11345
    Removed; interim...............................................34964
645  Removed; interim..............................................34964
646  Removed; interim..............................................34964
647  Removed; interim..............................................34964
648  Added.........................................................34968
    Temporary regulations..........................................35142
    Quotas.........................................................38403
648.1  (a) revised.................................................43424
648.2  Amended.......................................39910, 43424, 49277
648.4  (a)(1)(ii) revised..........................................39910
    (a)(6) added; (b) revised......................................43424
    (a)(1) introductory text revised...............................49277
648.5  (a) amended.................................................43425
648.6  (a) revised.................................................43425
648.7  (a)(1)(i), (2)(i), (b)(1)(i) and (iii) amended; (f)(3) 
        revised....................................................43425
648.11  (a) amended; (e) introductory text, (1) and (2) revised....43425
648.12  Introductory text revised..................................43425
648.14  (a)(78), (k) and (l) eff. 7-1-96 through 9-29-96...........34967
    (t) redesignated as (u); new (t) added.........................39910
    (k) and (l) revised; (t) redesignated as (u); (a)(80) through 
(88) and (u)(6) added..............................................43426
648.51  (f) revised................................................38405
648.83  (b)(3) added...............................................49277
648.87  (b)(1) revised; (b)(2) amended.............................47828
648.88  (d) added..................................................39910
648.120--648.126 (Subpart H)  Revised..............................43426
648.124--648.125 (Subpart H)  Eff. 7-1-96 through 9-29-96..........34967
649.2  Amended; interim; eff. 4-1-96 through 6-25-96...............13456
649.8  (c)(11) and (12) added; interim; eff. 4-1-96 through 6-25-
        96.........................................................13456
    (a)(4) revised.................................................16883
649.23  Added; interim; eff. 4-1-96 through 6-25-96................13456
649  Figures 4, 5 and 6 added; interim; eff. 4-1-96 through 6-25-
        96.........................................................13458
650  Removed.......................................................35011
650.21  (c) revised.................................................8492
    (c) correctly revised..........................................15733
651  Notice of availability........................................26487
    Removed........................................................35011
651.2  Amended.....................................................27731
651.4  (a), (b), (c), (e), (f), (h)(1)(ii), (iii) and (q) revised 
                                                                   27732
651.9  Revised.....................................................27734
651.10  Revised....................................................27737
651.20  (a)(2), (3)(i)(B), (4)(i)(E), (5), (6)(iii)(C), (7), (8) 
        introductory text, (i), (iii)(B), (c)(1), (2), (3)(ii), 
        (5), (d), (e)(2), (f)(2), (g)(1), (2), (i), (j) 
        introductory text and (7) revised; (a)(9) added............27737
651.21  (a)(2)(i), (b)(2)(i), (c)(2)(i), (d) and (e) introductory 
        text revised; (f), (g) and (h) added.......................27740
651.22  Revised....................................................27741
651.23  (a) introductory text, (d) and (e) revised.................27743
651.27  Revised....................................................27743
651.28  Heading and (b) revised; (a) amended; (c) removed..........27743
651.29  Revised....................................................27743
651.31  (d) added..................................................27745
651.32  (a)(1)(ii)(B) revised; (a)(1)(iv) added.....................8494

[[Page 555]]

    Revised........................................................27745
651.33  Revised....................................................27745
651.34  Added......................................................27746
651.40  Revised....................................................27746
651  Figure 9 added.................................................8495
    Figures 1, 3 and 4 revised; Figure 5 removed...................27747
652  Quotas..........................................................293
    Removed........................................................35011
653  Removed; interim..............................................34964
655  Specifications.................................................8496
    Revised........................................................14468
    Removed........................................................35011
655  Figure 1 added................................................14477
656  Removed.......................................................29321
657  Removed.......................................................35011
658  Temporary regulations.........................................24728
    Removed; interim...............................................34964
659  Removed; interim..............................................34964
660  Added.........................................................34572
    Temporary regulations......35143, 40156, 40157, 44185, 48072, 48852, 
                                                                   50255
    Restrictions.....................................35144, 47089, 48643
    Technical correction...........................................36662
    Inseason adjustments.............................41988, 43472, 48852
660.306  (j) and (k) corrected.....................................48643
660.323  (a)(2)(ii) corrected......................................37843
    (a)(4)(i) corrected............................................48643
660.324  Corrected.................................................48643
660.404  OMB number pending........................................34600
660.408  OMB number pending........................................34601
661  Inseason adjustments....................................8497, 26125
    Temporary regulations..........................................31873
    Removed........................................................34611
661  Appendix amended..............................................20187
662  Quotas........................................................48853
663  Specifications and fishery management measures..................279
    Specifications.................................................18988
    Restrictions...................................................21102
    Temporary regulations..........................................28796
    Removed........................................................34611
663.2  Amended.....................................................28794
663.7  (n) and (o) revised.........................................28794
663.23  (c)(1)(i)(G), (H), (I) and (ii)(A) revised; (c)(1)(i)(J), 
        (K) and (L) added; (c)(2) removed; (c)(3) redesignated as 
        (c)(2).....................................................14477
    (b)(2)(i)(A), (B), (ii), (iv) and (3)(i) revised...............16402
    (b)(1) and (4)(i) through (iv) revised.........................28794
663.24  Added......................................................28795
663  Appendix amended..............................................28796
669  Removed; interim..............................................34964
670  Removed; interim..............................................34964
671  Removed.......................................................31230
672  Temporary regulations.....2457, 3332, 3333, 3602, 4594, 8888, 9956, 
         10286, 10901, 11589, 11590, 13462, 17256, 21104, 24730, 27312, 
                                                            28069, 28070
    Specifications..................................................4304
    Fishery management measures.....................................9955
    Removed........................................................31230
672.1  (a) revised..................................................5611
672.2  Revised......................................................5611
672.3  (a) and (c) revised..........................................5614
672.4  Revised......................................................5614
672.5  Revised......................................................5615
672.7  (i) and (j) revised; (p) and (q) added.......................5622
672.20  (a)(1), (c)(1) heading, (2)(i) heading, (ii) heading, 
        (e)(1), (h)(2), (i)(4) and (j) revised; (c)(1)(i)(A) 
        heading, (i)(1) heading, (2) heading, (3) heading and (6) 
        heading added; (g)(1) and (3) amended.......................5622
    (h)(2) revised.................................................24729
    (a)(2)(iv), (c)(2)(i) and (ii) revised; (a)(2)(v)(A) amended 
                                                                   27311
    (c)(1) amended.................................................27312
672.22  (d) removed.................................................5623
672.23  Revised.....................................................5623
    (e) revised....................................................27312
672.24  (a) heading, (b) heading, (d) heading, (1), (2), (e), 
        (f)(4) and (5) revised; (d)(3) and (4) redesignated as 
        (d)(4) and (5); (c)(4) heading, new (d)(3), new (4) 
        heading, new (5) heading, (f)(2) heading and (3) heading 
        added.......................................................5623
672  Figures 1 and 2 revised; Figures 3 through 7 and Tables 1 
        through 11 added............................................5624
    Table 3 amended................................................19976
673  Removed.......................................................31230
675  Specifications.................................................4311
    Temporary regulations......6323, 7754, 7755, 8497, 8498, 8888, 8889, 
           9113, 9370, 10286, 10287, 11345, 12041, 13109, 16883, 17256, 
         17849, 24730, 24905, 25595, 27312, 27796, 28071, 28072, 29696, 
                                                            30544, 31463
    Inseason adjustments............................................6953
    Removed........................................................31230
675.1  (a) revised..................................................5641
675.2  Revised......................................................5641

[[Page 556]]

675.3  Revised......................................................5641
675.4  Revised......................................................5641
675.5  Revised......................................................5641
675.7  (a), (l) and (m) revised; (q) and (r) added..................5641
    (m) correctly revised..........................................11166
675.20  (a)(1), (c)(1), (i)(2) and (j)(4) revised; (a)(12) 
        heading, (d) heading, (j)(1) heading, (2) heading and (3) 
        heading; (h)(1) and (3) amended.............................5642
675.21  (a)(1) heading through (6) heading and (b)(4) heading 
        added.......................................................5642
675.22  (a) revised; (b) heading through (f) heading added..........5642
675.23  (a) and (d) revised; (b) heading and (c) heading added......5642
675.24  (e) removed; (f), (g) and (h) redesignated as (e), (f) and 
        (g); (a)(4), (c)(1) heading, (2) heading, (3) heading, 
        (d)(1) heading, (2) heading, new (f)(2) heading and new 
        (3) heading added; (b), new (e) and new (f) heading and 
        new (4) revised.............................................5642
675.25  (b) heading revised; interim..................................20
675.27  (a)(1) heading, (2) heading, (c)(1) heading, (2) heading, 
        (e)(2) heading, (f)(1) heading, (2) heading and (3) 
        heading added; Table removed; (d)(2) introductory text and 
        (g) revised.................................................5643
675  Figures 1, 2 and 3 removed.....................................5643
676  Specifications...........................................4304, 4311
    Fishery management measures.....................................9955
    Temporary regulations..........................................10697
    Removed........................................................31230
676.21  (h) added...................................................1845
676.22  (a) revised.................................................1845
676.24  (i)(3) revised..............................................1845
677  Removed.......................................................31230
677.4  (b)(1), (c)(1), (2) and (e) revised; interim................13783
677.6  (b)(1) heading, (2) and (d) heading revised; (d)(3)(ii) 
        removed; (g) added; interim................................13783
678  Temporary regulations..................................21978, 43185
    Quotas.........................................................39099
679  Added.........................................................31230
    Temporary regulations......33046, 33386, 33387, 34377, 36306, 37225, 
         37226, 37403, 37404, 37700, 38656, 40158, 40353, 40748, 41024, 
         41363, 41523, 45367, 46399, 46570, 47090, 48074, 48415, 49696, 
                                                            50256, 50458
    Inseason adjustment............................................39100
    Figure 4 and Tables 3 and 9 corrected..........................40481
    Technical correction...........................................41684
    Inseason adjustments...........................................48073
    Reallocation...................................................49418
679.1  (h) revised.................................................38103
679.2  Amended.........................33384, 35578, 38104, 38359, 49981
679.3  (a) and (c) revised.........................................35578
679.4  (d)(1) introductory text and (f)(1)(i) revised..............35578
    (d)(6)(ii) revised.............................................41525
679.5  (l) introductory text revised...............................35578
    (l)(1)(i) introductory text, (ii)(B), (2)(i), (iii) and (v) 
revised; (l)(1)(i)(C) added........................................41525
    (a)(1)(i), (h)(2)(i)(B), (ii)(D), (l)(2)(ii)(A), (iii)(A) and 
(C) revised; (a)(1)(iii) added; (h)(2)(i)(C) removed...............49981
679.7  (f)(13) revised; (f)(16) added..............................33385
    (a)(6)(i), (b)(3), (f)(4) and (11)(i) revised..................35578
    (h) added......................................................38104
    (a)(12) added..................................................38359
    (b)(2) removed.................................................41525
679.20  (a)(5)(i)(A) revised.......................................39602
679.21  (b)(1) revised.............................................35579
    (b)(2)(ii) and (c)(1) revised..................................38359
679.23  (e)(4)(i) and (f) revised..................................35579
    (e)(2) revised; (e)(3) and (4)(iii) removed; (e)(4) 
redesignated as (e)(3).............................................39602
679.24  Introductory text revised..................................35579
    (b)(1)(iii) and (c)(4) revised.................................49077
679.26  Added......................................................38359
679.30  (b)(1)(ii) revised.........................................35579
    (d)(2)(iv) amended.............................................41745
679.32  (e)(1)(vi) correctly removed...............................37843

[[Page 557]]

    (e)(1) heading and (2) removed; (e)(1)(i) through (vi) and 
(iii)(A) through (D) redesignated as (e)(1) through (6) and (3)(i) 
through (iv); (e) introductory text and new (6) revised............41745
679.40  (a)(5)(ii) revised..................................33385, 43314
    Introductory text revised......................................35579
    (c)(3) revised; (g) added......................................41525
679.41  (g) and (h) revised........................................33385
    (b)(1), (d)(4), (5) introductory text, (g)(1), (2) and (h) 
revised; (k) added.................................................41526
679.42  (a), (i), (j) introductory text, (1) and (4) revised; (k) 
        added......................................................33385
    (a) revised....................................................43314
679.51  (a)(2)(v) revised..........................................49981
679.52  (e)(3) introductory text, (i), (ii), (iii), (4), (5), (6) 
        introductory text, (i), (ii) and (iii) redesignated as 
        (e)(2)(iii) introductory text, (A), (B), (C), (iv), (v), 
        (vi) introductory text, (A), (B) and (C)...................49981
679.60--679.65 (Subpart F)  Revised................................38104
679  Table 7 amended...............................................41745
680  Removed.......................................................34611
681  Quotas.........................................................6577
    Removed........................................................34611
681.2  Amended.....................................................35150
681.4  (b)(2), (d) and (f) revised; (g) removed; (h) through (l) 
        redesignated as (g) through (k)............................35150
681.5  (b) and (d) removed; (c) and (e) redesignated as (b) and 
        (c); (a) and new (b) revised...............................35150
681.7  (a)(5), (b)(2), (3) and (4) removed; (b)(5) through (14) 
        redesignated as (b)(2) through (14); (b)(1)(i) through (v) 
        and new (b)(6), (7), (9) and (11) revised..................35150
681.10  Revised....................................................35150
681.11  (a) introductory text revised..............................35150
681.12  Added......................................................35150
681.21  Removed; new 681.21 redesignated from 681.23...............35151
681.22  Removed; new 681.22 redesignated from 681.24...............35151
681.23  Redesignated as 681.21; new 681.23 redesignated from 
        681.25.....................................................35151
681.24  Redesignated as 681.22; new 681.24 redesignated from 
        681.26.....................................................35151
681.25  Redesignated as 681.23; new 681.25 redesignated from 
        681.27; (b) and (g)(1) amended.............................35151
681.26  Redesignated as 681.24; new 681.26 redesignated from 
        681.28; (a) introductory text, (b)(1) and (3) amended......35151
681.27  Redesignated as 681.25; new 681.27 redesignated from 
        681.29.....................................................35151
681.28  Redesignated as 681.26; new 681.28 redesignated from 
        681.30; (b) and (c) removed; (d), (e) and (f) redesignated 
        as (b), (c) and (d); (a)(8) and new (c) revised............35151
681.29  Redesignated as 681.27; new 681.29 redesignated from 
        681.31; heading, (a) and (b) revised; (c) removed; (d) 
        redesignated as (c)........................................35151
681.30  Redesignated as 681.28; new 681.30 redesignated from 
        681.32 and revised.........................................35151
681.31  Redesignated as 68