[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1999 Edition]
[From the U.S. Government Printing Office]


          50



          Wildlife and Fisheries



[[Page i]]

          PART 600 TO END

                         Revised as of October 1, 1999

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF OCTOBER 1, 1999
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1999



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



[[Page iii]]




                            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........     673
      Table of CFR Titles and Chapters........................     675
      Alphabetical List of Agencies Appearing in the CFR......     693
      List of CFR Sections Affected...........................     703



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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.

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

[[Page v]]



                               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, 1999), 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.

[[Page vi]]

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

[[Page vii]]


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 
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ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Weekly Compilation 
of Presidential Documents and the Privacy Act Compilation are available 
in electronic format at www.access.gpo.gov/nara (``GPO Access''). For 
more information, contact Electronic Information Dissemination Services, 
U.S. Government Printing Office. Phone 202-512-1530, or 888-293-6498 
(toll-free). E-mail, [email protected].
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

October 1, 1999.



[[Page ix]]



                               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, 1999.

    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.

[[Page 3]]



    CHAPTER VI--FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC






                     AND ATMOSPHERIC ADMINISTRATION,






                         DEPARTMENT OF COMMERCE




  --------------------------------------------------------------------
Part                                                                Page
600             Magnuson-Stevens Act provisions.............           5
622             Fisheries of the Caribbean, Gulf, and South 
                    Atlantic................................         107
635             Atlantic highly migratory species...........         181
640             Spiny lobster fishery of the Gulf of Mexico 
                    and South Atlantic......................         224
644             [Reserved]

648             Fisheries of the Northeastern United States.         234
649             American lobster fishery....................         353
654             Stone crab fishery of the Gulf of Mexico....         377
660             Fisheries off West coast states and in the 
                    Western Pacific.........................         386
679             Fisheries of the Exclusive Economic Zone off 
                    Alaska..................................         466
697             Atlantic coastal fisheries cooperative 
                    management..............................         668

[[Page 5]]



PART 600--MAGNUSON-STEVENS 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  Council nomination and appointment procedures.
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.
600.345  National Standard 8--Communities.
600.350  National Standard 9--Bycatch.
600.355  National Standard 10--Safety of Life at Sea.

                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.
600.746  Observers.
600.747  Guidelines and procedures for determining new fisheries and 
          gear.

                  Subpart I--Fishery Negotiation Panels

600.750  Definitions.
600.751  Determination of need for a fishery negotiation panel.
600.752  Use of conveners and facilitators.
600.753  Notice of intent to establish a fishery negotiation panel.
600.754  Decision to establish a fishery negotiation panel.
600.755  Establishment of a fishery negotiation panel.
600.756  Conduct and operation of a fishery negotiation panel.
600.757  Operational protocols.
600.758  Preparation of report.

[[Page 6]]

600.759  Use of report.
600.760  Fishery Negotiation Panel lifetime.

                 Subpart J--Essential Fish Habitat (EFH)

600.805  Purpose and scope.
600.810  Definitions and word usage.
600.815  Contents of Fishery Management Plans.

     Subpart K--EFH Coordination, Consultation, and Recommendations

600.905  Purpose, scope, and NMFS/Council cooperation.
600.910  Definitions and word usage.
600.915  Coordination for the conservation and enhancement of EFH.
600.920  Federal agency consultation with the Secretary.
600.925  NMFS EFH conservation recommendations to Federal and state 
          agencies.
600.930  Council comments and recommendations to Federal and state 
          agencies.

    Authority: 5 U.S.C. 561 and 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-Stevens 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-
Stevens Act, prescribes procedures for the conduct of preemption 
hearings under section 306(b) of the Magnuson-Stevens Act, and collects 
the general provisions common to all domestic fisheries governed by this 
chapter.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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-Stevens 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.
    Albacore means the species Thunnus alalunga, or a part thereof.
    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.
    Allowable chemical means a substance, generally used to immobilize 
marine life so it can be captured alive, that, when introduced into the 
water, does not take Gulf and South Atlantic prohibited coral (as 
defined at 50 CFR 622.2) and is allowed by Florida or Hawaii or the U.S. 
Pacific Insular Area for the harvest of tropical fish.
    Anadromous species means species of fish that spawn in fresh or 
estuarine waters of the United States and that migrate to ocean waters.
    Angling means fishing for, attempting to fish for, catching or 
attempting to catch fish by any person (angler) with a hook attached to 
a line that is hand-held or by rod and reel made for this purpose.

[[Page 7]]

    Area of custody means any vessel, building, vehicle, live car, 
pound, pier or dock facility where fish might be found.
    Assistant Administrator means the Assistant Administrator for 
Fisheries, NOAA, or a designee.
    Atlantic tunas means bluefin, albacore, bigeye, skipjack, and 
yellowfin tunas found in the Atlantic Ocean.
    Atlantic Tunas Convention Act means the Atlantic Tunas Convention 
Act of 1975, 16 U.S.C. 971-971h.
    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-Stevens 
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).
    Bandit gear means vertical hook and line gear with rods that are 
attached to the vessel when in use. Lines are retrieved by manual, 
electric, or hydraulic reels.
    Barrier net means a small-mesh net used to capture coral reef or 
coastal pelagic fishes.
    Bigeye tuna means the species Thunnus obesus, or a part thereof.
    Billfish means blue marlin, longbill spearfish, sailfish, or white 
marlin.
    Bluefin tuna means the species Thunnus thynnus, or a part thereof.
    Blue marlin means the species Makaira nigricans, or a part thereof.
    Bully net means a circular frame attached at right angles to a pole 
and supporting a conical bag of webbing.
    Buoy gear means fishing gear consisting of a float and one or more 
lines suspended therefrom. A hook or hooks 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.
    Carcass means a fish in whole condition or that portion of a fish 
that has been gilled and/or gutted and the head and some or all fins 
have been removed, but that is otherwise in whole condition.
    Cast net means a circular net with weights attached to the 
perimeter.
    Catch limit means the total allowable harvest or take from a single 
fishing trip or day, as defined in this section.
    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.
    Charter boat means a vessel less than 100 gross tons (90.8 mt) that 
meets the requirements of the U.S. Coast Guard to carry six or fewer 
passengers for hire.
    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(7) of the Magnuson-Stevens Act.
    Council means one of the eight Regional Fishery Management Councils 
established by the Magnuson-Stevens 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.
    Dip net means a small mesh bag, sometimes attached to a handle, 
shaped and framed in various ways. It

[[Page 8]]

is operated by hand or partially by mechanical power to capture the 
fish.
    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 Sustainable Fisheries, 
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.
    Dredge means a gear consisting of a mouth frame attached to a 
holding bag constructed of metal rings or mesh.
    Essential fish habitat (EFH) means those waters and substrate 
necessary to fish for spawning, breeding, feeding, or growth to 
maturity. For the purpose of interpreting the definition of essential 
fish habitat: Waters include aquatic areas and their associated 
physical, chemical, and biological properties that are used by fish and 
may include aquatic areas historically used by fish where appropriate; 
substrate includes sediment, hard bottom, structures underlying the 
waters, and associated biological communities; necessary means the 
habitat required to support a sustainable fishery and the managed 
species' contribution to a healthy ecosystem; and ``spawning, breeding, 
feeding, or growth to maturity'' covers a species' full life cycle.
    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 Administrator 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.
    Fillet means to remove slices of fish flesh from the carcass by cuts 
made parallel to the backbone.
    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

[[Page 9]]

    (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.
    Fish weir means a large catching arrangement with a collecting 
chamber that is made of non-textile material (wood, wicker) instead of 
netting as in a pound net.
    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.
    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-Stevens 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.
    Hand harvest means harvesting by hand.
    Handline means fishing gear that is set and pulled by hand and 
consists of one vertical line to which may be attached leader lines with 
hooks.
    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.
    Headboat means a vessel that holds a valid Certificate of Inspection 
issued by the U.S. Coast Guard to carry passengers for hire.
    Hook and line means one or more hooks attached to one or more lines 
(can include a troll).
    Hoop net means a cone-shaped net having throats and flues stretched 
over a series of rings or hoops for support.
    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.)
    Lampara net means a surround net with the sections of netting made 
and joined to create bagging. It is hauled with purse rings and is 
generally much smaller in size than a purse seine net.
    Land means to begin offloading fish, to offload fish, or to arrive 
in port or at a dock, berth, beach, seawall, or ramp.
    Longbill spearfish means the species Tetrapturus pfluegeri, or a 
part thereof.
    Longline means a line that is deployed horizontally and to which

[[Page 10]]

gangions and hooks or pots are attached. Longlines can be stationary, 
anchored, or buoyed lines that may be hauled manually, electrically, or 
hydraulically.
    Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation 
and Management Act, as amended (16 U.S.C. 1801 et seq.), formerly known 
as the Magnuson Act.
    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 that:
    (1) Will provide the greatest overall benefit to the Nation, 
particularly with respect to food production and recreational 
opportunities, and taking into account the protection of marine 
ecosystems;
    (2) Is prescribed as such on the basis of the maximum sustainable 
yield from the fishery, as reduced by any relevant economic, social, or 
ecological factor; and
    (3) In the case of an overfished fishery, provides for rebuilding to 
a level consistent with producing the maximum sustainable yield in such 
fishery.
    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.
    Postmark means independently verifiable evidence of the date of 
mailing, such as a U.S. Postal Service postmark, or other private 
carrier postmark, certified mail receipt, overnight mail receipt, or a 
receipt issued upon hand delivery to a representative of NMFS authorized 
to collect fishery statistics.
    Pot means trap.
    Powerhead means any device with an explosive charge, usually 
attached to a spear gun, spear, pole, or stick, that may or may not fire 
a projectile upon contact.
    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 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.
    Purchase means the act or activity of buying, trading, or bartering, 
or attempting to buy, trade, or barter.
    Purse seine means a floated and weighted encircling net that is 
closed by means of a drawstring threaded through rings attached to the 
bottom of the net.

[[Page 11]]

    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 Administrator means the Administrator of one of the five 
NMFS Regions described in Table 1 of Sec. 600.502, or a designee. 
Formerly known as Regional Director.
    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.
    Rod and reel means a hand-held (including rod holder) fishing rod 
with a manually or electrically operated reel attached.
    Round means a whole fish--one that has not been gilled, gutted, 
beheaded, or definned.
    Round weight means the weight of the whole fish before processing or 
removal of any part.
    Sailfish means the species Istiophorus platypterus, or a part 
thereof.
    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 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-Stevens 
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.
    (2) The experimental design of the project, including a description 
of the methods to be used, the type and class

[[Page 12]]

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.
    Secretary means the Secretary of Commerce or a designee.
    Seine means a net with long narrow wings, that is rigged with floats 
and weights.
    Skipjack tuna means the species Katsuwonus pelamis, or a part 
thereof.
    Slurp gun means a tube-shaped suction device that operates somewhat 
like a syringe by sucking up the fish.
    Snare means a device consisting of a pole to which is attached a 
line forming at its end a loop with a running knot that tightens around 
the fish when the line is pulled.
    Spear means a sharp, pointed, or barbed instrument on a shaft. 
Spears can be operated manually or shot from a gun or sling.
    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-Stevens 
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-Stevens 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

[[Page 13]]

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.
    Submersible means a manned or unmanned device that functions or 
operates primarily underwater and is used to harvest fish, i.e., 
precious corals, with mechanical arms.
    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 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-Stevens 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.
    Swordfish means the species Xiphias gladius, or a part thereof.
    Tangle net dredge means dredge gear consisting of weights and flimsy 
netting that hangs loosely in order to immediately entangle fish.
    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.
    Trammel net means a net consisting of two or more panels of netting, 
suspended vertically in the water column by a common float line and a 
common weight line. One panel of netting has a larger mesh size than the 
other(s) in order to entrap fish in a pocket.
    Transship means offloading and onloading or otherwise transferring 
fish or fish products and/or transporting fish or products made from 
fish.
    Trap means a portable, enclosed device with one or more gates or 
entrances and one or more lines attached to surface floats. Also called 
a pot.
    Trawl means a cone or funnel-shaped net that is towed through the 
water, and can include a pair trawl that is towed simultaneously by two 
boats.
    Trip means the time period that begins when a fishing vessel departs 
from a dock, berth, beach, seawall, ramp, or port to carry out fishing 
operations and that terminates with a return to a dock, berth, beach, 
seawall, ramp, or port.
    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.
    White marlin means the species Tetrapturus albidus, or a part 
thereof.
    Yellowfin tuna means the species Thunnus albacares, or a part 
thereof.

[61 FR 32540, June 24, 1996, as amended at 62 FR 14646, Mar. 27, 1997; 
62 FR 66551, Dec. 19, 1997; 63 FR 7073, 7075, Feb. 12, 1998; 64 FR 4036, 
Jan. 27, 1999; 64 FR 29133, May 28, 1999]



Sec. 600.15  Other acronyms.

    (a) Fishery management terms. (1) ABC--acceptable biological catch
    (2) ATCA-Atlantic Tunas Convention Act
    (3) BFT (Atlantic bluefin tuna) means the subspecies of bluefin 
tuna, Thunnus thynnus thynnus, or a part thereof, that occurs in the 
Atlantic Ocean.

[[Page 14]]

    (4) BSD means the ICCAT bluefin tuna statistical document.
    (5) DAH--estimated domestic annual harvest
    (6) DAP--estimated domestic annual processing
    (7) EIS--environmental impact statement
    (8) EY--equilibrium yield
    (9) FMP--fishery management plan
    (10) ICCAT means the International Commission for the Conservation 
of Atlantic Tunas.
    (11) JVP--joint venture processing
    (12) MSY--maximum sustainable yield
    (13) PMP--preliminary FMP
    (14) TAC--total allowable catch
    (15) 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) MMPA--Marine Mammal Protection Act
    (8) MPRSA--Marine Protection, Research, and Sanctuaries Act
    (9) NEPA--National Environmental Policy Act
    (10) PA--Privacy Act
    (11) PRA--Paperwork Reduction Act
    (12) 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

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 
FR 29134, May 28, 1999]



             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-Stevens 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-Stevens 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-Stevens 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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

[[Page 15]]

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-Stevens 
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-
Stevens 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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.



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

[[Page 16]]

designated by a constituent state Governor as the principal state 
official for purposes of section 302(b) of the Magnuson-Stevens 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 Administrator 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-Stevens Act, must be full time 
state employees involved in the development of fisheries management 
policies for that state.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.210  Terms of Council members.

    (a) Voting members (other than principal state officials, the 
Regional Administrators, or their designees) are appointed for a term of 
3 years and, except as discussed in paragraphs (b) and (c) of this 
section, 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]



Sec. 600.215  Council nomination and appointment procedures.

    (a) General. (1) Each year, the 3-year terms for approximately one-
third of the appointed members of the Councils expire. The Secretary of 
Commerce (Secretary) will appoint or new members or will reappoint 
seated members to another term to fill the seats being vacated.
    (2) There are two categories of seats to which voting members are 
appointed: ``Obligatory'' and ``At-large.''
    (i) Obligatory seats are state specific. Each constituent state is 
entitled to one seat on the Council on which it is a member, except that 
the State of Alaska is entitled to five seats and the State of 
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 when 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 Council seat.
    (ii) The Magnuson-Stevens Act also provides for appointment, by the 
Secretary, of one treaty Indian tribal representative to the Pacific 
Fishery Management Council (Pacific Council). To fill that seat, the 
Secretary solicits written nominations from the heads of governments of 
those Indian Tribes with federally recognized fishing rights from the 
States of California, Oregon, Washington, or Idaho. The list of nominees 
must contain a total of at least three individuals who are knowledgeable 
and experienced regarding the fishery resources under the authority of 
the Pacific Council. The Secretary will appoint one tribal Indian 
representative from this list to the Pacific Council for a term of 3 
years and rotate the appointment among the tribes.
    (iii) At-large seats are regional. When the term of an at-large 
member is expiring or when that seat becomes vacant before the 
expiration of a term, the governors of all constituent states of that 
Council must each submit the

[[Page 17]]

names of at least three qualified individuals to fill the seat.
    (b) Responsibilities of State Governors. (1) Council members are 
selected by the Secretary from lists of nominees submitted by Governors 
of the constituent states, pursuant to section 302(b)(2)(C) of the 
Magnuson-Stevens Act. For each applicable vacancy, a Governor must 
submit the names of at least three nominees who meet the qualification 
requirements of the Magnuson-Stevens Act. A Governor must provide a 
statement explaining how each of his/her nominees meet the qualification 
requirements, and must also 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:
    (i) Commercial fishing or the processing or marketing of fish, fish 
products, or fishing equipment;
    (ii) Fishing for pleasure, relaxation, or consumption, or experience 
in any business supporting fishing;
    (iii) Leadership in a state, regional, or national organization 
whose members participate in a fishery in the Council's area of 
authority;
    (iv) 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, Advisory Panel, Scientific and Statistical 
Committee, or Fishing Industry Advisory Committee;
    (v) 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; or
    (vi) Teaching, journalism, writing, consulting, practicing law, or 
researching matters related to fisheries, fishery management, and marine 
resource conservation.
    (2) To assist in identifying 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 criteria in paragraph (b)(1) of this section. 
Nominees may provide such information in any format they wish.
    (3) A constituent State Governor must determine the state of 
residency of each of his/her nominees. A Governor may not nominate a 
non-resident of that state for appointment to a Council seat obligated 
to that state. A Governor may nominate residents of another constituent 
state of a Council for appointment to an at large seat on that Council.
    (4) If, at any time during a term, a member changes residency to 
another state that is not a constituent state of that Council, or a 
member appointed to an obligatory seat changes residency to any other 
state, the member may no longer vote and must resign from the Council. 
For purposes of this paragraph, a state resident is an individual who 
maintains his/her principal residence within that constituent state and 
who, if applicable, pays income taxes to that state and/or to another 
appropriate jurisdiction within that state.
    (5) 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 different nominees. When obligatory and at-
large seats do not expire concurrently, 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, provided that 
the resulting total number of nominees submitted by that Governor for 
the expiring seats is no fewer than six. If a total of fewer than six 
nominees is submitted by the Governor, each of the six will be 
considered

[[Page 18]]

for the expiring obligatory seat, but not for the expiring at-large 
seat.
    (c) Responsibilities of eligible tribal Indian governments. The 
tribal Indian representative on the Pacific Council will be selected by 
the Secretary from a list of no fewer than three individuals submitted 
by the tribal Indian governments with federally recognized fishing 
rights from California, Oregon, Washington, and Idaho, pursuant to 
section 302(b)(5) of the Magnuson-Stevens Act. To assist in assessing 
the qualifications of each nominee, each head of an appropriate tribal 
Indian government must furnish to the Assistant Administrator a current 
resume, or equivalent, describing the nominee's qualifications, with 
emphasis on knowledge and experience related to the fishery resources 
affected by recommendations of the Pacific Council. Prior service on the 
Pacific Council in a different capacity will not disqualify nominees 
proposed by tribal Indian governments.
    (d) Nomination deadlines. Nomination letters and completed kits must 
be forwarded by express mail under a single mailing to the address 
specified by the Assistant Administrator by March 15. For appointments 
outside the normal cycle, a different deadline for receipt of 
nominations will be announced.
    (1) Obligatory seats. (i) The governor of the state for which the 
term of an obligatory seat is expiring must submit the names of at least 
three qualified individuals to fill that seat by the March 15 deadline. 
The Secretary will appoint to the Pacific Council a representative of an 
Indian tribe from a list of no fewer than three individuals submitted by 
the tribal Indian governments.
    (ii) If the nominator fails to provide a nomination letter and at 
least three complete nomination kits by March 15, the obligatory seat 
will remain vacant until all required information has been received and 
processed and the Secretary has made the appointment.
    (2) At-large seats. (i) If a Governor chooses to submit nominations 
for an at-large seat, he/she must submit lists that contain at least 
three different qualified nominees for each vacant seat. A nomination 
letter and at least three complete nomination kits must be forwarded by 
express mail under a single mailing to the address specified by the 
Assistant Administrator by March 15.
    (ii) Nomination packages that are incomplete after March 15 will be 
returned to the nominating Governor and will be processed no further. 
At-large members will be appointed from among the nominations submitted 
by the governors who complied with the nomination requirements and the 
March 15 deadline.
    (e) Responsibilities of the Secretary. (1) 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 on the Councils.
    (2) The Secretary will review each list submitted by a governor or 
the tribal Indian governments to ascertain whether the individuals on 
the list are qualified for the vacancy. If the Secretary determines that 
a nominee is not qualified, the Secretary will notify the appropriate 
Governor or tribal Indian government of that determination. The Governor 
or tribal Indian government shall then submit a revised list of nominees 
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.
    (3) The Secretary will select the appointees from lists of qualified 
nominees provided by the Governors of the constituent Council states or 
of the tribal Indian governments that are eligible to nominate 
candidates for that vacancy.
    (i) For Governor-nominated seats, the Secretary will select an 
appointee for an obligatory seat from the list of qualified nominees 
submitted by the governor of the state. In filling expiring at-large 
seats, the Secretary will select an appointee(s) for an at-large seat(s) 
from the list of all qualified candidates submitted. The Secretary

[[Page 19]]

will consider only complete slates of nominees submitted by the 
governors of the Council's constituent states. 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 complete nomination letters and kits that are timely and 
contain the required number of candidates.
    (ii) For the tribal Indian seat, the Secretary will solicit 
nominations of individuals for the list referred to in paragraph (c) of 
this section only from those Indian tribes with federally recognized 
fishing rights from California, Oregon, Washington, or Idaho. The 
Secretary will consult with the Bureau of Indian Affairs, Department of 
the Interior, to determine which Indian tribes may submit nominations. 
Any vacancy occurring prior to the expiration of any term shall be 
filled in the same manner as described in paragraphs (d)(1) and (2) of 
this section, except that the Secretary may use the list referred to in 
paragraph (b)(1) of this section from which the vacating member was 
chosen. The Secretary shall rotate the appointment among the tribes, 
taking into consideration:
    (A) The qualifications of the individuals on the list referred to in 
paragraph (c) of this section.
    (B) The various rights of the Indian tribes involved, and judicial 
cases that set out the manner in which these rights are to be exercised.
    (C) The geographic area in which the tribe of the representative is 
located.
    (D) The limitation that no tribal Indian representative shall serve 
more than three consecutive terms in the Indian tribal seat.

[64 FR 4600, Jan. 29, 1999]



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 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-Stevens 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.
    (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

[[Page 20]]

preserved from improper or deleterious operation or use.
    (8)(i) Except as provided in Sec. 600.235(h) or in 18 U.S.C. 208, no 
Council member may participate personally and substantially as a member 
through decision, approval, disapproval, recommendation, the rendering 
of advice, investigation, or otherwise, in a particular matter in which 
the member, the member's spouse, minor child, general partner, 
organization in which the member is serving as officer, director, 
trustee, general partner, or employee, or any person or organization 
with whom the member is negotiating or has any arrangement concerning 
prospective employment, has a financial interest. (Note that this 
financial interest is broader than the one defined in Sec. 600.235(a).)
    (ii) No Council member may participate 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, even if the interest has been disclosed in 
accordance with Sec. 600.235.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 64185, Nov. 19, 1998]



Sec. 600.230  Removal.

    The Secretary may remove for cause any Secretarially appointed 
member of a Council in accordance with section 302(b)(6) of the 
Magnuson-Stevens 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998]



Sec. 600.235  Financial disclosure.

    (a) Definitions. For purposes of Sec. 600.235:
    Affected individual means an individual who is--
    (1) Nominated by the Governor of a state or appointed by the 
Secretary of Commerce to serve as a voting member of a Council in 
accordance with section 302(b)(2) of the Magnuson-Stevens Act; or
    (2) A representative of an Indian tribe appointed to the Pacific 
Council by the Secretary of Commerce under section 302(b)(5) of the 
Magnuson-Stevens Act who is not subject to disclosure and recusal 
requirements under the laws of an Indian tribal government.
    Council decision means approval of a fishery management plan (FMP) 
or FMP amendment (including any proposed regulations); request for 
amendment to regulations implementing an FMP; finding that an emergency 
exists involving any fishery (including recommendations for responding 
to the emergency); and comments to the Secretary on FMPs or amendments 
developed by the Secretary. It does not include a vote by a committee of 
a Council.
    Designated official means an attorney designated by the NOAA General 
Counsel.
    Financial interest in harvesting, processing, or marketing (1) 
includes:
    (i) Stock, equity, or other ownership interests in, or employment 
with, any company, business, fishing vessel, or other entity engaging in 
any harvesting, processing, or marketing activity in any fishery under 
the jurisdiction of the Council concerned;
    (ii) Stock, equity, or other ownership interests in, or employment 
with, any company or other entity that provides equipment or other 
services essential to harvesting, processing, or marketing activities in 
any fishery under the jurisdiction of the Council concerned, such as a 
chandler or a dock operation.
    (iii) Employment with, or service as an officer, director, or 
trustee of, an association whose members include companies, vessels, or 
other entities engaged in harvesting, processing, or marketing 
activities, or companies or other entities providing services essential 
to harvesting, processing, or marketing activities in any fishery under 
the jurisdiction of the Council concerned; and

[[Page 21]]

    (iv) Employment with an entity providing consulting, legal, or 
representational services to any entity engaging in, or providing 
equipment or services essential to, harvesting, processing, or marketing 
activities in any fishery under the jurisdiction of the Council 
concerned, or to any association whose members include entities engaged 
in the activities described in paragraphs (1) (i) and (ii) of this 
definition;
    (2) Does not include stock, equity, or other ownership interests in, 
or employment with, an entity engaging in advocacy on environmental 
issues or in scientific fisheries research in any fishery under the 
jurisdiction of the Council concerned, unless it is covered under 
paragraph (1) of this definition. A financial interest in such entities 
is covered by 18 U.S.C. 208, the Federal conflict-of-interest statute.
    (b) Reporting. (1) The Magnuson-Stevens Act requires the disclosure 
by each affected individual of any financial interest in harvesting, 
processing, or marketing activity, and of any such financial interest of 
the affected individual's spouse, minor child, partner, or any 
organization (other than the 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 and 
Nominees of Regional Fishery Management Councils'' (Financial Interest 
Form), or such other form as the Secretary may prescribe.
    (2) The Financial Interest Form 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 must file a Financial 
Interest Form with the Executive Director of the appropriate Council 
within 45 days of taking office; must file an update of his or her 
statement with the Executive Director of the appropriate Council within 
30 days of the time any such financial interest is acquired or 
substantially changed by the affected individual or the affected 
individual's spouse, minor child, partner, or any organization (other 
than the Council) in which that individual is serving as an officer, 
director, trustee, partner, or employee; and must update his or her form 
annually and file that update with the Executive Director of the 
appropriate Council by February 1 of each year.
    (3) The Executive Director must, in a timely manner, provide copies 
of the financial disclosure forms and all updates to the NMFS Regional 
Administrator for the geographic area concerned, the Regional Attorney 
who advises the Council, the Department of Commerce Assistant General 
Counsel for Administration, and the NMFS Office of Sustainable 
Fisheries. The completed financial interest forms will be kept on file 
in the office of the NMFS Regional Administrator for the geographic area 
concerned and at the Council offices, and will be made available for 
public inspection at such offices during normal office hours. In 
addition, the forms will be made available at each Council meeting or 
hearing.
    (4) Councils must retain the disclosure form for each affected 
individual for at least 5 years after the expiration of that 
individual's last term.
    (c) Restrictions on voting. (1) No affected individual may vote on 
any Council decision that would have a significant and predictable 
effect on a financial interest disclosed in his/her report filed under 
paragraph (b) of this section.
    (2) As used in this section, a Council decision will be considered 
to have a ``significant and predictable effect on a financial interest'' 
if there is a close causal link between the decision and an expected and 
substantially disproportionate benefit to the financial interest in 
harvesting, processing, or marketing of any affected individual or the 
affected individual's spouse, minor child, partner, or any organization 
(other than the Council) in which that individual is serving as an 
officer, director, trustee, partner, or employee, relative to the 
financial interests of other participants in the same gear type or 
sector of the fishery. The relative financial interests of the affected 
individual and other participants will be determined with reference to 
the

[[Page 22]]

most recent fishing year for which information is available. However, 
for fisheries in which IFQs are assigned, the percentage of IFQs 
assigned to the affected individual will be dispositive.
    (3) ``Expected and substantially disproportionate benefit'' means a 
quantifiable positive or negative impact with regard to a matter likely 
to affect a fishery or sector of the fishery in which the affected 
individual has a significant interest, as indicated by:
    (i) A greater than 10-percent interest in the total harvest of the 
fishery or sector of the fishery in question;
    (ii) A greater than 10-percent interest in the marketing or 
processing of the total harvest of the fishery or sector of the fishery 
in question; or
    (iii) Full or partial ownership of more than 10 percent of the 
vessels using the same gear type within the fishery or sector of the 
fishery in question.
    (d) Voluntary recusal. An affected individual who believes that a 
Council decision would have a significant and predictable effect on that 
individual's financial interest disclosed under paragraph (b) of this 
section may, at any time before a vote is taken, announce to the Council 
an intent not to vote on the decision.
    (e) Participation in deliberations. Notwithstanding paragraph (c) of 
this section, an affected individual who is recused from voting under 
this section may participate in Council and committee deliberations 
relating to the decision, after notifying the Council of the voting 
recusal and identifying the financial interest that would be affected.
    (f) Requests for determination. (1) At the request of an affected 
individual, the designated official shall determine for the record 
whether a Council decision would have a significant and predictable 
effect on that individual's financial interest. The determination will 
be based upon a review of the information contained in the individual's 
financial disclosure form and any other reliable and probative 
information provided in writing. All information considered will be made 
part of the public record for the decision. The affected individual may 
request a determination by notifying the designated official--
    (i) Within a reasonable time before the Council meeting at which the 
Council decision will be made; or
    (ii) During a Council meeting before a Council vote on the decision.
    (2) The designated official may initiate a determination on the 
basis of--
    (i) His or her knowledge of the fishery and the financial interests 
disclosed by an affected individual; or
    (ii) Written and signed information received within a reasonable 
time before a Council meeting or, if the issue could not have been 
anticipated before the meeting, during a Council meeting before a 
Council vote on the decision.
    (3) At the beginning of each Council meeting, or during a Council 
meeting at any time reliable and probative information is received, the 
designated official shall announce the receipt of information relevant 
to a determination concerning recusal, the nature of that information, 
and the identity of the submitter of such information.
    (4) If the designated official determines that the affected 
individual may not vote, the individual may state for the record how he 
or she would have voted. A Council Chair may not allow such an 
individual to cast a vote.
    (5) A reversal of a determination under paragraph (g) of this 
section may not be treated as cause for invalidation or reconsideration 
by the Secretary of a Council's decision.
    (g) Review of determinations. (1) Any Council member may file a 
written request to the NOAA General Counsel for review of the designated 
official's determination. A request for review must be received within 
10 days of the determination.
    (2) A request must include a full statement in support of the 
review, including a concise statement as to why the Council's decision 
did or did not have a significantly disproportionate benefit to the 
financial interest of the affected individual relative to the financial 
interests of other participants in the same gear type or sector of the 
fishery, and why the designated official's determination should be 
reversed.
    (3) If the request for review is from a Council member other than 
the affected individual whose vote is at issue, the requester must 
provide a copy of

[[Page 23]]

the request to the affected individual at the same time it is submitted 
to the NOAA General Counsel. The affected individual may submit a 
response to the NOAA General Counsel within 10 days from the date of 
his/her receipt of the request for review.
    (4) The NOAA General Counsel must complete the review and issue a 
decision within 30 days from the date of receipt of the request for 
review. The NOAA General Counsel will limit the review to the record 
before the designated official at the time of the determination, the 
request, and any response.
    (h) Exemption from other statutes. The provisions of 18 U.S.C. 208 
regarding conflicts of interest do not apply to an affected individual 
who is in compliance with the requirements of this section for filing a 
financial disclosure report.
    (i) Violations and penalties. It is unlawful for an affected 
individual to knowingly and willfully fail to disclose, or to falsely 
disclose, any financial interest as required by this section, or to 
knowingly vote on a Council decision in violation of this section. In 
addition to the penalties applicable under Sec. 600.735, a violation of 
this provision may result in removal of the affected individual from 
Council membership.

[63 FR 64185, Nov. 19, 1998]



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-Stevens 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 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.

[[Page 24]]

    (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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



                      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-Stevens Act, and other applicable law. The Secretary has an 
obligation under section 301(b) of the Magnuson-Stevens 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-Stevens 
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 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-Stevens Act, the logical extension thereof, or of other 
applicable law.

[[Page 25]]

    (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-Stevens 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) Council includes the Secretary, as applicable, when preparing 
FMPs or amendments under section 304(c) and (g) of the Magnuson-Stevens 
Act.
    (12) Stock or stock complex is used as a synonym for ``fishery'' in 
the sense of the Magnuson-Stevens Act's first definition of the term; 
that is, as ``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,'' as distinguished from the Magnuson-Stevens 
Act's second definition of fishery as ``any fishing for such stocks.''

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 24229, May 1, 1998]



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-Stevens Act's multiple purposes and policies, 
implementing an FMP's objectives, and balancing the various interests 
that comprise the national welfare. OY is based on MSY, or on MSY as it 
may be reduced under paragraph (f)(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) MSY. Each FMP should include an estimate of MSY as explained in 
this section.
    (1) Definitions. (i) ``MSY'' is the largest long-term average catch 
or yield that can be taken from a stock or stock complex under 
prevailing ecological and environmental conditions.
    (ii) ``MSY control rule'' means a harvest strategy which, if 
implemented, would be expected to result in a long-term average catch 
approximating MSY.
    (iii) ``MSY stock size'' means the long-term average size of the 
stock or stock complex, measured in terms of spawning biomass or other 
appropriate units, that would be achieved under an MSY control rule in 
which the fishing mortality rate is constant.
    (2) Options in specifying MSY. (i) Because MSY is a theoretical 
concept, its estimation in practice is conditional on the choice of an 
MSY control rule. In choosing an MSY control rule, Councils should be 
guided by the characteristics of the fishery, the FMP's objectives, and 
the best scientific information available. The simplest MSY control rule 
is to remove a constant catch in each year that the estimated stock size 
exceeds an appropriate lower bound, where this catch is chosen so as to 
maximize the resulting long-term average yield. Other examples include 
the following: Remove a constant fraction of the biomass in each year, 
where this fraction is chosen so as to maximize the resulting long-term 
average yield; allow a constant level of escapement in each year, where 
this level is chosen so as to maximize the resulting long-term average 
yield; vary the fishing mortality rate as a continuous function of stock 
size, where the

[[Page 26]]

parameters of this function are constant and chosen so as to maximize 
the resulting long-term average yield. In any MSY control rule, a given 
stock size is associated with a given level of fishing mortality and a 
given level of potential harvest, where the long-term average of these 
potential harvests provides an estimate of MSY.
    (ii) Any MSY values used in determining OY will necessarily be 
estimates, and these will typically be associated with some level of 
uncertainty. Such estimates must be based on the best scientific 
information available (see Sec. 600.315) and must incorporate 
appropriate consideration of risk (see Sec. 600.335). Beyond these 
requirements, however, Councils have a reasonable degree of latitude in 
determining which estimates to use and how these estimates are to be 
expressed. For example, a point estimate of MSY may be expressed by 
itself or together with a confidence interval around that estimate.
    (iii) In the case of a mixed-stock fishery, MSY should be specified 
on a stock-by-stock basis. However, where MSY cannot be specified for 
each stock, then MSY may be specified on the basis of one or more 
species as an indicator for the mixed stock as a whole or for the 
fishery as a whole.
    (iv) Because MSY is a long-term average, it need not be estimated 
annually, but it must be based on the best scientific information 
available, and should be re-estimated as required by changes in 
environmental or ecological conditions or new scientific information.
    (3) Alternatives to specifying MSY. When data are insufficient to 
estimate MSY directly, Councils should adopt other measures of 
productive capacity that can serve as reasonable proxies for MSY, to the 
extent possible. Examples include various reference points defined in 
terms of relative spawning per recruit. For instance, the fishing 
mortality rate that reduces the long-term average level of spawning per 
recruit to 30-40 percent of the long-term average that would be expected 
in the absence of fishing may be a reasonable proxy for the MSY fishing 
mortality rate. The long-term average stock size obtained by fishing 
year after year at this rate under average recruitment may be a 
reasonable proxy for the MSY stock size, and the long-term average catch 
so obtained may be a reasonable proxy for MSY. The natural mortality 
rate may also be a reasonable proxy for the MSY fishing mortality rate. 
If a reliable estimate of pristine stock size (i.e., the long-term 
average stock size that would be expected in the absence of fishing) is 
available, a stock size approximately 40 percent of this value may be a 
reasonable proxy for the MSY stock size, and the product of this stock 
size and the natural mortality rate may be a reasonable proxy for MSY.
    (d) Overfishing--(1) Definitions. (i) ``To overfish'' means to fish 
at a rate or level that jeopardizes the capacity of a stock or stock 
complex to produce MSY on a continuing basis.
    (ii) ``Overfishing'' occurs whenever a stock or stock complex is 
subjected to a rate or level of fishing mortality that jeopardizes the 
capacity of a stock or stock complex to produce MSY on a continuing 
basis.
    (iii) In the Magnuson-Stevens Act, the term ``overfished'' is used 
in two senses: First, to describe any stock or stock complex that is 
subjected to a rate or level of fishing mortality meeting the criterion 
in paragraph (d)(1)(i) of this section, and second, to describe any 
stock or stock complex whose size is sufficiently small that a change in 
management practices is required in order to achieve an appropriate 
level and rate of rebuilding. To avoid confusion, this section uses 
``overfished'' in the second sense only.
    (2) Specification of status determination criteria. Each FMP must 
specify, to the extent possible, objective and measurable status 
determination criteria for each stock or stock complex covered by that 
FMP and provide an analysis of how the status determination criteria 
were chosen and how they relate to reproductive potential. Status 
determination criteria must be expressed in a way that enables the 
Council and the Secretary to monitor the stock or stock complex and 
determine annually whether overfishing is occurring and whether the 
stock or stock complex is

[[Page 27]]

overfished. In all cases, status determination criteria must specify 
both of the following:
    (i) A maximum fishing mortality threshold or reasonable proxy 
thereof. The fishing mortality threshold may be expressed either as a 
single number or as a function of spawning biomass or other measure of 
productive capacity. The fishing mortality threshold must not exceed the 
fishing mortality rate or level associated with the relevant MSY control 
rule. Exceeding the fishing mortality threshold for a period of 1 year 
or more constitutes overfishing.
    (ii) A minimum stock size threshold or reasonable proxy thereof. The 
stock size threshold should be expressed in terms of spawning biomass or 
other measure of productive capacity. To the extent possible, the stock 
size threshold should equal whichever of the following is greater: One-
half the MSY stock size, or the minimum stock size at which rebuilding 
to the MSY level would be expected to occur within 10 years if the stock 
or stock complex were exploited at the maximum fishing mortality 
threshold specified under paragraph (d)(2)(i) of this section. Should 
the actual size of the stock or stock complex in a given year fall below 
this threshold, the stock or stock complex is considered overfished.
    (3) Relationship of status determination criteria to other national 
standards--(i) National standard 2. Status determination criteria must 
be based on the best scientific information available (see 
Sec. 600.315). When data are insufficient to estimate MSY, Councils 
should base status determination criteria on reasonable proxies thereof 
to the extent possible (also see paragraph (c)(3) of this section). In 
cases where scientific data are severely limited, effort should also be 
directed to identifying and gathering the needed data.
    (ii) National standard 3. The requirement to manage interrelated 
stocks of fish as a unit or in close coordination notwithstanding (see 
Sec. 600.320), status determination criteria should generally be 
specified in terms of the level of stock aggregation for which the best 
scientific information is available (also see paragraph (c)(2)(iii) of 
this section).
    (iii) National standard 6. Councils must build into the status 
determination criteria appropriate consideration of risk, taking into 
account uncertainties in estimating harvest, stock conditions, life 
history parameters, or the effects of environmental factors (see 
Sec. 600.335).
    (4) Relationship of status determination criteria to environmental 
change. Some short-term environmental changes can alter the current size 
of a stock or stock complex without affecting the long-term productive 
capacity of the stock or stock complex. Other environmental changes 
affect both the current size of the stock or stock complex and the long-
term productive capacity of the stock or stock complex.
    (i) If environmental changes cause a stock or stock complex to fall 
below the minimum stock size threshold without affecting the long-term 
productive capacity of the stock or stock complex, fishing mortality 
must be constrained sufficiently to allow rebuilding within an 
acceptable time frame (also see paragraph (e)(4)(ii) of this section). 
Status determination criteria need not be respecified.
    (ii) If environmental changes affect the long-term productive 
capacity of the stock or stock complex, one or more components of the 
status determination criteria must be respecified. Once status 
determination criteria have been respecified, fishing mortality may or 
may not have to be reduced, depending on the status of the stock or 
stock complex with respect to the new criteria.
    (iii) If manmade environmental changes are partially responsible for 
a stock or stock complex being in an overfished condition, in addition 
to controlling effort, Councils should recommend restoration of habitat 
and other ameliorative programs, to the extent possible (see also the 
guidelines issued pursuant to section 305(b) of the Magnuson-Stevens Act 
for Council actions concerning essential fish habitat).
    (5) Secretarial approval of status determination criteria. 
Secretarial approval or disapproval of proposed status determination 
criteria will be based on consideration of whether the proposal:
    (i) Has sufficient scientific merit.
    (ii) Contains the elements described in paragraph (d)(2) of this 
section.

[[Page 28]]

    (iii) Provides a basis for objective measurement of the status of 
the stock or stock complex against the criteria.
    (iv) Is operationally feasible.
    (6) Exceptions. There are certain limited exceptions to the 
requirement to prevent overfishing. Harvesting one species of a mixed-
stock complex at its optimum level may result in the overfishing of 
another stock component in the complex. A Council may decide to permit 
this type of overfishing only if all of the following conditions are 
satisfied:
    (i) It is demonstrated by analysis (paragraph (f)(6) of this 
section) that such action will result in long-term net benefits to the 
Nation.
    (ii) It is demonstrated by analysis that mitigating measures have 
been considered and that a similar level of long-term net benefits 
cannot be achieved by modifying fleet behavior, gear selection/
configuration, or other technical characteristic in a manner such that 
no overfishing would occur.
    (iii) The resulting rate or level of fishing mortality will not 
cause any species or evolutionarily significant unit thereof to require 
protection under the ESA.
    (e) Ending overfishing and rebuilding overfished stocks-- (1) 
Definition. A threshold, either maximum fishing mortality or minimum 
stock size, is being ``approached'' whenever it is projected that the 
threshold will be breached within 2 years, based on trends in fishing 
effort, fishery resource size, and other appropriate factors.
    (2) Notification. The Secretary will immediately notify a Council 
and request that remedial action be taken whenever the Secretary 
determines that:
    (i) Overfishing is occurring;
    (ii) A stock or stock complex is overfished;
    (iii) The rate or level of fishing mortality for a stock or stock 
complex is approaching the maximum fishing mortality threshold;
    (iv) A stock or stock complex is approaching its minimum stock size 
threshold; or
    (v) Existing remedial action taken for the purpose of ending 
previously identified overfishing or rebuilding a previously identified 
overfished stock or stock complex has not resulted in adequate progress.
    (3) Council action. Within 1 year of such time as the Secretary may 
identify that overfishing is occurring, that a stock or stock complex is 
overfished, or that a threshold is being approached, or such time as a 
Council may be notified of the same under paragraph (e)(2) of this 
section, the Council must take remedial action by preparing an FMP, FMP 
amendment, or proposed regulations. This remedial action must be 
designed to accomplish all of the following purposes that apply:
    (i) If overfishing is occurring, the purpose of the action is to end 
overfishing.
    (ii) If the stock or stock complex is overfished, the purpose of the 
action is to rebuild the stock or stock complex to the MSY level within 
an appropriate time frame.
    (iii) If the rate or level of fishing mortality is approaching the 
maximum fishing mortality threshold (from below), the purpose of the 
action is to prevent this threshold from being reached.
    (iv) If the stock or stock complex is approaching the minimum stock 
size threshold (from above), the purpose of the action is to prevent 
this threshold from being reached.
    (4) Constraints on Council action. (i) In cases where overfishing is 
occurring, Council action must be sufficient to end overfishing.
    (ii) In cases where a stock or stock complex is overfished, Council 
action must specify a time period for rebuilding the stock or stock 
complex that satisfies the requirements of section 304(e)(4)(A) of the 
Magnuson-Stevens Act.
    (A) A number of factors enter into the specification of the time 
period for rebuilding:
    (1) The status and biology of the stock or stock complex;
    (2) Interactions between the stock or stock complex and other 
components of the marine ecosystem (also referred to as ``other 
environmental conditions'');
    (3) The needs of fishing communities;

[[Page 29]]

    (4) Recommendations by international organizations in which the 
United States participates; and
    (5) Management measures under an international agreement in which 
the United States participates.
    (B) These factors enter into the specification of the time period 
for rebuilding as follows:
    (1) The lower limit of the specified time period for rebuilding is 
determined by the status and biology of the stock or stock complex and 
its interactions with other components of the marine ecosystem, and is 
defined as the amount of time that would be required for rebuilding if 
fishing mortality were eliminated entirely.
    (2) If the lower limit is less than 10 years, then the specified 
time period for rebuilding may be adjusted upward to the extent 
warranted by the needs of fishing communities and recommendations by 
international organizations in which the United States participates, 
except that no such upward adjustment can result in the specified time 
period exceeding 10 years, unless management measures under an 
international agreement in which the United States participates dictate 
otherwise.
    (3) If the lower limit is 10 years or greater, then the specified 
time period for rebuilding may be adjusted upward to the extent 
warranted by the needs of fishing communities and recommendations by 
international organizations in which the United States participates, 
except that no such upward adjustment can exceed the rebuilding period 
calculated in the absence of fishing mortality, plus one mean generation 
time or equivalent period based on the species' life-history 
characteristics. For example, suppose a stock could be rebuilt within 12 
years in the absence of any fishing mortality, and has a mean generation 
time of 8 years. The rebuilding period, in this case, could be as long 
as 20 years.
    (C) A rebuilding program undertaken after May 1, 1998 commences as 
soon as the first measures to rebuild the stock or stock complex are 
implemented.
    (D) In the case of rebuilding plans that were already in place as of 
May 1, 1998, such rebuilding plans must be reviewed to determine whether 
they are in compliance with all requirements of the Magnuson-Stevens 
Act, as amended by the Sustainable Fisheries Act.
    (iii) For fisheries managed under an international agreement, 
Council action must reflect traditional participation in the fishery, 
relative to other nations, by fishermen of the United States.
    (5) Interim measures. The Secretary, on his/her own initiative or in 
response to a Council request, may implement interim measures to reduce 
overfishing under section 305(c) of the Magnuson-Stevens Act, until such 
measures can be replaced by an FMP, FMP amendment, or regulations taking 
remedial action.
    (i) These measures may remain in effect for no more than 180 days, 
but may be extended for an additional 180 days if the public has had an 
opportunity to comment on the measures and, in the case of Council-
recommended measures, the Council is actively preparing an FMP, FMP 
amendment, or proposed regulations to address overfishing on a permanent 
basis. Such measures, if otherwise in compliance with the provisions of 
the Magnuson-Stevens Act, may be implemented even though they are not 
sufficient by themselves to stop overfishing of a fishery.
    (ii) If interim measures are made effective without prior notice and 
opportunity for comment, they should be reserved for exceptional 
situations, because they affect fishermen without providing the usual 
procedural safeguards. A Council recommendation for interim measures 
without notice-and-comment rulemaking will be considered favorably if 
the short-term benefits of the measures in reducing overfishing outweigh 
the value of advance notice, public comment, and deliberative 
consideration of the impacts on participants in the fishery.
    (f) OY--(1) Definitions. (i) 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, particularly with respect to 
food production and recreational opportunities and taking into account 
the protection of marine ecosystems; that is prescribed on the basis of 
the MSY from the fishery, as reduced by any relevant economic, social, 
or ecological factor; and, in the

[[Page 30]]

case of an overfished fishery, that provides for rebuilding to a level 
consistent with producing the MSY in such fishery.
    (ii) In national standard 1, use of the phrase ``achieving, on a 
continuing basis, the OY from each fishery'' means producing, from each 
fishery, a long-term series of catches such that the average catch is 
equal to the average OY and such that status determination criteria are 
met.
    (2) Values in determination. In determining the greatest benefit to 
the Nation, these values that should be weighed are food production, 
recreational opportunities, and protection afforded to marine 
ecosystems. They should receive serious attention when considering the 
economic, social, or ecological factors used in reducing MSY to obtain 
OY.
    (i) The benefits of food production are derived from providing 
seafood to consumers, maintaining an economically viable fishery 
together with its attendant contributions to the national, regional, and 
local economies, and utilizing the capacity of the Nation's fishery 
resources to meet nutritional needs.
    (ii) The benefits of recreational opportunities reflect the quality 
of both the recreational fishing experience and non-consumptive fishery 
uses such as ecotourism, fish watching, and recreational diving, and the 
contribution of recreational fishing to the national, regional, and 
local economies and food supplies.
    (iii) The benefits of protection afforded to marine ecosystems are 
those resulting from maintaining viable populations (including those of 
unexploited species), maintaining evolutionary and ecological processes 
(e.g., disturbance regimes, hydrological processes, nutrient cycles), 
maintaining the evolutionary potential of species and ecosystems, and 
accommodating human use.
    (3) Factors relevant to OY. Because fisheries have finite 
capacities, any attempt to maximize the measures of benefit described in 
paragraph (f)(2) of this section will inevitably encounter practical 
constraints. One of these is MSY. Moreover, various factors can 
constrain the optimum level of catch to a value less than MSY. The 
Magnuson-Stevens Act's definition of OY identifies three categories of 
such factors: Social, economic, and ecological. 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 reductions in MSY.
    (i) 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. Other factors that may be 
considered include the cultural place of subsistence fishing, 
obligations under Indian treaties, and worldwide nutritional needs.
    (ii) Economic factors. Examples are prudent consideration of the 
risk of overharvesting when a stock's size or productive capacity is 
uncertain, satisfaction of consumer and recreational needs, and 
encouragement of domestic and export markets for U.S.-harvested fish. 
Other factors that may be considered include the value of fisheries, the 
level of capitalization, the decrease in cost per unit of catch afforded 
by an increase in stock size, and the attendant increase in catch per 
unit of effort, alternate employment opportunities, and economies of 
coastal areas.
    (iii) Ecological factors. Examples are stock size and age 
composition, the vulnerability of incidental or unregulated stocks in a 
mixed-stock fishery, predator-prey or competitive interactions, and 
dependence of marine mammals and birds or endangered species on a stock 
of fish. Also important are ecological or 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 
should be expressed in terms of numbers or weight of fish. However, OY 
may be expressed as a formula that converts periodic stock assessments 
into target harvest levels; in terms of an annual harvest of fish or 
shellfish having a minimum weight, length, or other

[[Page 31]]

measurement; or as an amount of fish taken only in certain areas, in 
certain seasons, with particular gear, or by a specified amount of 
fishing effort.
    (ii) Either a range or a single value may be specified for OY. 
Specification of a numerical, fixed-value OY does not preclude use of 
annual target harvest levels that vary with stock size. Such target 
harvest levels may be prescribed on the basis of an OY control rule 
similar to the MSY control rule described in paragraph (c)(1)(ii) of 
this section, but designed to achieve OY on average, rather than MSY. 
The annual harvest level obtained under an OY control rule must always 
be less than or equal to the harvest level that would be obtained under 
the MSY control rule.
    (iii) All fishing mortality must be counted against OY, including 
that resulting from bycatch, scientific research, and any other fishing 
activities.
    (iv) The OY specification should be translatable into an annual 
numerical estimate for the purposes of establishing any TALFF and 
analyzing impacts of the management regime. There should be a mechanism 
in the 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, which 
may not always be possible or meaningful. However, even where sufficient 
scientific data as to the biological characteristics of the stock do not 
exist, or where 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 diminish the 
meaningfulness of the MSY concept, the OY must still be based on the 
best scientific information available. When data are insufficient to 
estimate MSY directly, Councils should adopt other measures of 
productive capacity that can serve as reasonable proxies for MSY to the 
extent possible (also see paragraph (c)(3) of this section).
    (vi) In a mixed-stock fishery, specification of a fishery-wide OY 
may be accompanied by management measures establishing separate annual 
target harvest levels for the individual stocks. In such cases, the sum 
of the individual target levels should not exceed OY.
    (5) OY and the precautionary approach. In general, Councils should 
adopt a precautionary approach to specification of OY. A precautionary 
approach is characterized by three features:
    (i) Target reference points, such as OY, should be set safely below 
limit reference points, such as the catch level associated with the 
fishing mortality rate or level defined by the status determination 
criteria. Because it is a target reference point, OY does not constitute 
an absolute ceiling, but rather a desired result. An FMP must contain 
conservation and management measures to achieve OY, and provisions for 
information collection that are designed to determine the degree to 
which OY is achieved on a continuing basis--that is, to result in a 
long-term average catch equal to the long-term average OY, while meeting 
the status determination criteria. These measures should allow for 
practical and effective implementation and enforcement of the management 
regime, so that the harvest is allowed to reach OY, 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. Exceeding OY does not necessarily constitute 
overfishing. However, even if no overfishing resulted from exceeding OY, 
continual harvest at a level above OY would violate national standard 1, 
because OY was not achieved on a continuing basis.
    (ii) A stock or stock complex that is below the size that would 
produce MSY should be harvested at a lower rate or level of fishing 
mortality than if the stock or stock complex were above the size that 
would produce MSY.
    (iii) Criteria used to set target catch levels should be explicitly 
risk averse, so that greater uncertainty regarding the status or 
productive capacity of a stock or stock complex corresponds to greater 
caution in setting target catch levels. Part of the OY may be held as a

[[Page 32]]

reserve to allow for factors such as uncertainties in estimates of stock 
size and DAH. 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.
    (6) Analysis. An FMP must contain an assessment of how its OY 
specification was determined (section 303(a)(3) of the Magnuson-Stevens 
Act). It should relate the explanation of overfishing in paragraph (d) 
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. A Council must identify those economic, 
social, and ecological factors relevant to management of a particular 
fishery, then evaluate them to determine the amount, if any, by which 
MSY exceeds OY. 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. If overfishing is permitted under paragraph 
(d)(6) of this section, the assessment must contain a justification in 
terms of overall benefits, including a comparison of benefits under 
alternative management measures, and an analysis of the risk of any 
species or ecologically significant unit thereof reaching a threatened 
or endangered status, as well as the risk of any stock or stock complex 
falling below its minimum stock size threshold.
    (7) OY and foreign fishing. Section 201(d) of the Magnuson-Stevens 
Act provides that fishing by foreign nations is limited to that portion 
of the OY that will not be harvested by vessels of the United States.
    (i) 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.
    (ii) DAP. Each FMP must assess the capacity of U.S. processors. It 
must also assess the amount of DAP, which is the sum of two estimates: 
The estimated amount of U.S. harvest that domestic processors will 
process, which may be based on historical performance or on surveys of 
the expressed intention of manufacturers to process, supported by 
evidence of contracts, plant expansion, or other relevant information; 
and the estimated 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.

[63 FR 24229, May 1, 1998]



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

[[Page 33]]

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, marine 
ecosystem, and the fishery (including fishing communities).
    (3) The information submitted by various data suppliers 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 information 
concerning the most recent biological condition of stocks and the marine 
ecosystems in the FMU and the social and economic condition of the 
recreational and commercial fishing interests, fishing communities, 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, marine ecosystems, and 
fisheries being managed under Federal regulation.
    (i) The Secretary has the responsibility to assure that a SAFE 
report or 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, marine ecosystems, and 
fishery over time, and assessing the relative success of existing state 
and Federal fishery management programs. Information on bycatch and 
safety for each fishery should also be summarized. 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 a description of the maximum 
fishing mortality threshold and the minimum stock size threshold for 
each stock or stock complex, along with information by which the Council 
may determine:
    (i) Whether overfishing is occurring with respect to any stock or 
stock complex, whether any stock or stock complex is overfished, whether 
the rate or level of fishing mortality applied to any stock or stock 
complex is approaching the maximum fishing mortality threshold, and 
whether the size of any stock or stock complex is approaching the 
minimum stock size threshold.
    (ii) Any management measures necessary to provide for rebuilding an 
overfished stock or stock complex (if any) to a level consistent with 
producing the MSY in such fishery.
    (4) Each SAFE report may contain additional economic, social, 
community, essential fish habitat, and ecological information pertinent 
to the success of management or the achievement of objectives of each 
FMP.
    (5) 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 24233, May 1, 1998]



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.

[[Page 34]]

    (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-Stevens 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 
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

[[Page 35]]

    (iii) By referring to treaties or cooperative agreements.

[61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998]



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 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

[[Page 36]]

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-Stevens 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. To the 
extent that rebuilding plans or other conservation and management 
measures that reduce the overall harvest in a fishery are necessary, any 
harvest restrictions or recovery benefits must be allocated fairly and 
equitably among the commercial, recreational, and charter fishing 
sectors of the fishery.
    (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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 24234, May 1, 1998]



Sec. 600.330  National Standard 5--Efficiency.

    (a) Standard 5. Conservation and management measures shall, where 
practicable, consider efficiency in the utilization of fishery 
resources; except 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, marketing, and 
non-consumptive uses of the resource, since management decisions affect 
all sectors of the industry. In considering 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

[[Page 37]]

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-Stevens Act, is a 
type of allocation of fishing privileges that may be considered to 
contribute to 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-Stevens Act, except for fees allowed 
under section 304(d)(2).
    (2) Factors to consider. The Magnuson-Stevens 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-Stevens 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-Stevens Act's limitations on returning economic rent to the 
public under section 304(d). The FMP should also discuss the costs of 
achieving an appropriate distribution of fishing privileges.
    (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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 24234, May 1, 1998]

[[Page 38]]



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 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.

[[Page 39]]

    (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-Stevens Act requires Councils to prepare FMPs only for 
overfished fisheries and for other fisheries 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-Stevens 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 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

[[Page 40]]

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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 24234, May 1, 1998]



Sec. 600.345  National Standard 8--Communities.

    (a) Standard 8. Conservation and management measures shall, 
consistent with the conservation requirements of the Magnuson-Stevens 
Act (including the prevention of overfishing and rebuilding of 
overfished stocks), take into account the importance of fishery 
resources to fishing communities in order to:
    (1) Provide for the sustained participation of such communities; and
    (2) To the extent practicable, minimize adverse economic impacts on 
such communities.
    (b) General. (1) This standard requires that an FMP take into 
account the importance of fishery resources to fishing communities. This 
consideration, however, is within the context of the conservation 
requirements of the Magnuson-Stevens Act. Deliberations regarding the 
importance of fishery resources to affected fishing communities, 
therefore, must not compromise the achievement of conservation 
requirements and goals of the FMP. Where the preferred alternative 
negatively affects the sustained participation of fishing communities, 
the FMP should discuss the rationale for selecting this alternative over 
another with a lesser impact on fishing communities. All other things 
being equal, where two alternatives achieve similar conservation goals, 
the alternative that provides the greater potential for sustained 
participation of such communities and minimizes the adverse economic 
impacts on such communities would be the preferred alternative.
    (2) This standard does not constitute a basis for allocating 
resources to a specific fishing community nor for providing preferential 
treatment based on residence in a fishing community.
    (3) The term ``fishing community'' means a community that is 
substantially dependent on or substantially engaged in the harvest or 
processing of fishery resources to meet social and economic needs, and 
includes fishing vessel owners, operators, and crew, and fish processors 
that are based in such communities. A fishing community is a social or 
economic group whose members reside in a specific location and share a 
common dependency on commercial, recreational, or subsistence fishing or 
on directly related fisheries-dependent services and industries (for 
example, boatyards, ice suppliers, tackle shops).
    (4) The term ``sustained participation'' means continued access to 
the fishery within the constraints of the condition of the resource.
    (c) Analysis. (1) FMPs must examine the social and economic 
importance of fisheries to communities potentially affected by 
management measures. For example, severe reductions of harvests for 
conservation purposes may decrease employment opportunities for 
fishermen and processing plant workers, thereby adversely affecting 
their families and communities. Similarly, a management measure that 
results in the allocation of fishery resources among competing sectors 
of a fishery may benefit some communities at the expense of others.
    (2) An appropriate vehicle for the analyses under this standard is 
the fishery impact statement required by section 303(a)(9) of the 
Magnuson-Stevens Act. Qualitative and quantitative data may be used, 
including information provided by fishermen, dealers, processors, and 
fisheries organizations and associations. In cases where data are 
severely limited, effort should be directed to identifying and gathering 
needed data.
    (3) To address the sustained participation of fishing communities 
that will

[[Page 41]]

be affected by management measures, the analysis should first identify 
affected fishing communities and then assess their differing levels of 
dependence on and engagement in the fishery being regulated. The 
analysis should also specify how that assessment was made. The best 
available data on the history, extent, and type of participation of 
these fishing communities in the fishery should be incorporated into the 
social and economic information presented in the FMP. The analysis does 
not have to contain an exhaustive listing of all communities that might 
fit the definition; a judgment can be made as to which are primarily 
affected. The analysis should discuss each alternative's likely effect 
on the sustained participation of these fishing communities in the 
fishery.
    (4) The analysis should assess the likely positive and negative 
social and economic impacts of the alternative management measures, over 
both the short and the long term, on fishing communities. Any particular 
management measure may economically benefit some communities while 
adversely affecting others. Economic impacts should be considered both 
for individual communities and for the group of all affected communities 
identified in the FMP. Impacts of both consumptive and non-consumptive 
uses of fishery resources should be considered.
    (5) A discussion of social and economic impacts should identify 
those alternatives that would minimize adverse impacts on these fishing 
communities within the constraints of conservation and management goals 
of the FMP, other national standards, and other applicable law.

[63 FR 24234, May 1, 1998]



Sec. 600.350  National Standard 9--Bycatch.

    (a) Standard 9. Conservation and management measures shall, to the 
extent practicable:
    (1) Minimize bycatch; and
    (2) To the extent bycatch cannot be avoided, minimize the mortality 
of such bycatch.
    (b) General. This national standard requires Councils to consider 
the bycatch effects of existing and planned conservation and management 
measures. Bycatch can, in two ways, impede efforts to protect marine 
ecosystems and achieve sustainable fisheries and the full benefits they 
can provide to the Nation. First, bycatch can increase substantially the 
uncertainty concerning total fishing-related mortality, which makes it 
more difficult to assess the status of stocks, to set the appropriate OY 
and define overfishing levels, and to ensure that OYs are attained and 
overfishing levels are not exceeded. Second, bycatch may also preclude 
other more productive uses of fishery resources.
    (c) Definition--Bycatch. The term ``bycatch'' means fish that are 
harvested in a fishery, but that are not sold or kept for personal use. 
Bycatch includes the discard of whole fish at sea or elsewhere, 
including economic discards and regulatory discards, and fishing 
mortality due to an encounter with fishing gear that does not result in 
capture of fish (i.e., unobserved fishing mortality). Bycatch does not 
include any fish that legally are retained in a fishery and kept for 
personal, tribal, or cultural use, or that enter commerce through sale, 
barter, or trade. Bycatch does not include fish released alive under a 
recreational catch-and-release fishery management program. A catch-and-
release fishery management program is one in which the retention of a 
particular species is prohibited. In such a program, those fish released 
alive would not be considered bycatch. Bycatch also does not include 
Atlantic highly migratory species harvested in a commercial fishery that 
are not regulatory discards and that are tagged and released alive under 
a scientific tag-and-release program established by the Secretary.
    (d) Minimizing bycatch and bycatch mortality. The priority under 
this standard is first to avoid catching bycatch species where 
practicable. Fish that are bycatch and cannot be avoided must, to the 
extent practicable, be returned to the sea alive. Any proposed 
conservation and management measure that does not give priority to 
avoiding the capture of bycatch species must be supported by appropriate 
analyses. In their evaluation, the Councils must consider the net 
benefits to the Nation, which include, but are not limited to:

[[Page 42]]

Negative impacts on affected stocks; incomes accruing to participants in 
directed fisheries in both the short and long term; incomes accruing to 
participants in fisheries that target the bycatch species; environmental 
consequences; non-market values of bycatch species, which include non-
consumptive uses of bycatch species and existence values, as well as 
recreational values; and impacts on other marine organisms. To evaluate 
conservation and management measures relative to this and other national 
standards, as well as to evaluate total fishing mortality, Councils 
must--
    (1) Promote development of a database on bycatch and bycatch 
mortality in the fishery to the extent practicable. A review and, where 
necessary, improvement of data collection methods, data sources, and 
applications of data must be initiated for each fishery to determine the 
amount, type, disposition, and other characteristics of bycatch and 
bycatch mortality in each fishery for purposes of this standard and of 
section 303(a)(11) and (12) of the Magnuson-Stevens Act. Bycatch should 
be categorized to focus on management responses necessary to minimize 
bycatch and bycatch mortality to the extent practicable. When 
appropriate, management measures, such as at-sea monitoring programs, 
should be developed to meet these information needs.
    (2) For each management measure, assess the effects on the amount 
and type of bycatch and bycatch mortality in the fishery. Most 
conservation and management measures can affect the amounts of bycatch 
or bycatch mortality in a fishery, as well as the extent to which 
further reductions in bycatch are practicable. In analyzing measures, 
including the status quo, Councils should assess the impacts of 
minimizing bycatch and bycatch mortality, as well as consistency of the 
selected measure with other national standards and applicable laws. The 
benefits of minimizing bycatch to the extent practicable should be 
identified and an assessment of the impact of the selected measure on 
bycatch and bycatch mortality provided. Due to limitations on the 
information available, fishery managers may not be able to generate 
precise estimates of bycatch and bycatch mortality or other effects for 
each alternative. In the absence of quantitative estimates of the 
impacts of each alternative, Councils may use qualitative measures. 
Information on the amount and type of bycatch should be summarized in 
the SAFE reports.
    (3) Select measures that, to the extent practicable, will minimize 
bycatch and bycatch mortality. (i) A determination of whether a 
conservation and management measure minimizes bycatch or bycatch 
mortality to the extent practicable, consistent with other national 
standards and maximization of net benefits to the Nation, should 
consider the following factors:
    (A) Population effects for the bycatch species.
    (B) Ecological effects due to changes in the bycatch of that species 
(effects on other species in the ecosystem).
    (C) Changes in the bycatch of other species of fish and the 
resulting population and ecosystem effects.
    (D) Effects on marine mammals and birds.
    (E) Changes in fishing, processing, disposal, and marketing costs.
    (F) Changes in fishing practices and behavior of fishermen.
    (G) Changes in research, administration, and enforcement costs and 
management effectiveness.
    (H) Changes in the economic, social, or cultural value of fishing 
activities and nonconsumptive uses of fishery resources.
    (I) Changes in the distribution of benefits and costs.
    (J) Social effects.
    (ii) The Councils should adhere to the precautionary approach found 
in the Food and Agriculture Organization of the United Nations (FAO) 
Code of Conduct for Responsible Fisheries (Article 6.5), which is 
available from the Director, Publications Division, FAO, Viale delle 
Terme di Caracalla, 00100 Rome, Italy, when faced with uncertainty 
concerning any of the factors listed in this paragraph (d)(3).
    (4) Monitor selected management measures. Effects of implemented 
measures should be evaluated routinely. Monitoring systems should be 
established prior to fishing under the selected

[[Page 43]]

management measures. Where applicable, plans should be developed and 
coordinated with industry and other concerned organizations to identify 
opportunities for cooperative data collection, coordination of data 
management for cost efficiency, and avoidance of duplicative effort.
    (e) Other considerations. Other applicable laws, such as the MMPA, 
the ESA, and the Migratory Bird Treaty Act, require that Councils 
consider the impact of conservation and management measures on living 
marine resources other than fish; i.e., marine mammals and birds.

[63 FR 24235, May 1, 1998]



Sec. 600.355  National Standard 10--Safety of Life at Sea.

    (a) Standard 10. Conservation and management measures shall, to the 
extent practicable, promote the safety of human life at sea.
    (b) General. (1) Fishing is an inherently dangerous occupation where 
not all hazardous situations can be foreseen or avoided. The standard 
directs Councils to reduce that risk in crafting their management 
measures, so long as they can meet the other national standards and the 
legal and practical requirements of conservation and management. This 
standard is not meant to give preference to one method of managing a 
fishery over another.
    (2) The qualifying phrase ``to the extent practicable'' recognizes 
that regulation necessarily puts constraints on fishing that would not 
otherwise exist. These constraints may create pressures on fishermen to 
fish under conditions that they would otherwise avoid. This standard 
instructs the Councils to identify and avoid those situations, if they 
can do so consistent with the legal and practical requirements of 
conservation and management of the resource.
    (3) For the purposes of this national standard, the safety of the 
fishing vessel and the protection from injury of persons aboard the 
vessel are considered the same as ``safety of human life at sea. The 
safety of a vessel and the people aboard is ultimately the 
responsibility of the master of that vessel. Each master makes many 
decisions about vessel maintenance and loading and about the 
capabilities of the vessel and crew to operate safely in a variety of 
weather and sea conditions. This national standard does not replace the 
judgment or relieve the responsibility of the vessel master related to 
vessel safety. The Councils, the USCG, and NMFS, through the 
consultation process of paragraph (d) of this section, will review all 
FMPs, amendments, and regulations during their development to ensure 
they recognize any impact on the safety of human life at sea and 
minimize or mitigate that impact where practicable.
    (c) Safety considerations. The following is a non-inclusive list of 
safety considerations that should be considered in evaluating management 
measures under national standard 10.
    (1) Operating environment. Where and when a fishing vessel operates 
is partly a function of the general climate and weather patterns of an 
area. Typically, larger vessels can fish farther offshore and in more 
adverse weather conditions than smaller vessels. An FMP should try to 
avoid creating situations that result in vessels going out farther, 
fishing longer, or fishing in weather worse than they generally would 
have in the absence of management measures. Where these conditions are 
unavoidable, management measures should mitigate these effects, 
consistent with the overall management goals of the fishery.
    (2) Gear and vessel loading requirements. A fishing vessel operates 
in a very dynamic environment that can be an extremely dangerous place 
to work. Moving heavy gear in a seaway creates a dangerous situation on 
a vessel. Carrying extra gear can also significantly reduce the 
stability of a fishing vessel, making it prone to capsizing. An FMP 
should consider the safety and stability of fishing vessels when 
requiring specific gear or requiring the removal of gear from the water. 
Management measures should reflect a sensitivity to these issues and 
provide methods of mitigation of these situations wherever possible.
    (3) Limited season and area fisheries. Fisheries where time 
constraints for harvesting are a significant factor and with no 
flexibility for weather, often

[[Page 44]]

called ``derby'' fisheries, can create serious safety problems. To 
participate fully in such a fishery, fishermen may fish in bad weather 
and overload their vessel with catch and/or gear. Where these conditions 
exist, FMPs should attempt to mitigate these effects and avoid them in 
new management regimes, as discussed in paragraph (e) of this section.
    (d) Consultation. During preparation of any FMP, FMP amendment, or 
regulation that might affect safety of human life at sea, the Council 
should consult with the USCG and the fishing industry as to the nature 
and extent of any adverse impacts. This consultation may be done through 
a Council advisory panel, committee, or other review of the FMP, FMP 
amendment, or regulations. Mitigation, to the extent practicable, and 
other safety considerations identified in paragraph (c) of this section 
should be included in the FMP.
    (e) Mitigation measures. There are many ways in which an FMP may 
avoid or provide alternative measures to reduce potential impacts on 
safety of human life at sea. The following is a list of some factors 
that could be considered when management measures are developed:
    (1) Setting seasons to avoid hazardous weather.
    (2) Providing for seasonal or trip flexibility to account for bad 
weather (weather days).
    (3) Allowing for pre- and post-season ``soak time'' to deploy and 
pick up fixed gear, so as to avoid overloading vessels with fixed gear.
    (4) Tailoring gear requirements to provide for smaller or lighter 
gear for smaller vessels.
    (5) Avoiding management measures that require hazardous at-sea 
inspections or enforcement if other comparable enforcement could be 
accomplished as effectively.
    (6) Limiting the number of participants in the fishery.
    (7) Spreading effort over time and area to avoid potential gear and/
or vessel conflicts.
    (8) Implementing management measures that reduce the race for fish 
and the resulting incentives for fishermen to take additional risks with 
respect to vessel safety.

[63 FR 24236, May 1, 1998]



                Subpart E--Confidentiality of Statistics



Sec. 600.405  Types of statistics covered.

    NOAA is authorized under the Magnuson-Stevens 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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 45]]



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-Stevens 
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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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:

[[Page 46]]

    (1) Have been informed that the data are confidential.
    (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-Stevens 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-Stevens Act, the applicable GIFA, this subpart, and any 
permit issued under the Magnuson-Stevens 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 this subpart 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. Only vessels of nations having a GIFA with the 
United States may be issued permits for activity codes 1 through 9. A 
GIFA is not required for a vessel to be issued a permit for activity 
code 10. 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.

[[Page 47]]

    (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 vessels and any foreign fishing vessels authorized under any 
activity code under paragraph (c) of this subpart.
    (10) Activity Code 10. Transshipping at sea for the purpose of 
transporting fish or fish products from a point within the EEZ or, with 
the concurrence of a state, within the boundaries of that state, to a 
point outside the United States.
    (d) Application. (1) Applications for FFV permits authorizing 
activity codes 1 through 9 must be submitted by an official 
representative of a foreign nation to the DOS. Applications for permits 
authorizing activity codes 1 through 9 are available from, and should be 
submitted to, DOS, OES/OMC, Washington, DC 20520. Applications for FFV 
permits authorizing activity code 10 may be submitted by any person to 
the Assistant Administrator. Applications for permits authorizing 
activity code 10 are available from NMFS, Attn: International Fisheries 
Division, 1315 East West Highway, Silver Spring, Maryland 20910. All 
applicants 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 applicant may request to substitute one FFV for another of 
the same flag by submitting a new application form and a short 
explanation of the reason for the substitution to the appropriate 
address listed at paragraph (d)(1) of this section. 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 appropriate 
Council(s) and governmental agencies have been notified of the 
substituted application.
    (e) Issuance. (1) Permits may be issued to an FFV by the Assistant 
Administrator after--
    (i) The Assistant Administrator determines that the fishing 
described in the application will meet the requirements of the Magnuson-
Stevens Act and approves the permit application.
    (ii) The applicant has paid the fees and provided any assurances 
required by the Secretary in accordance with the provisions of 
Sec. 600.518.
    (iii) The applicant has appointed an agent.
    (iv) The applicant has identified a designated representative.
    (v) The applicant has accepted the general ``conditions and 
restrictions'' of receiving permits, as required by section 204(b)(7) of 
the Magnuson-Stevens Act, and any ``additional restrictions'' attached 
to the permit for the conservation and management of fishery resources 
or for the prevention of significant impairment of the national defense 
or security interests.
    (2) The DOS will provide permits for activity codes 1 through 9 to 
the official representative of the applicant foreign nation. The 
Assistant Administrator will provide permits for activity code 10 
directly to the applicant.
    (3) An approved permit will contain--
    (i) The name and IRCS of the FFV and its permit number.
    (ii) The permitted fisheries and/or 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.

[[Page 48]]

    (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 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-Stevens 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-Stevens Act has become overdue; or as 
otherwise specified in the Magnuson-Stevens Act.
    (j) Fees. Permit application fees are described in Sec. 600.518.
    (k) Change in application information. The applicant 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.
    (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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 
FR 39019, July 21, 1999]

[[Page 49]]



Sec. 600.502  Vessel reports.

    (a) The operator of each FFV must report the FFV's activities 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 50]]

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 51]]

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 
Administrator 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 Administrator 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 Regional 
Administrator or Science and Research Director, the designated 
representative may submit

[[Page 52]]

weekly reports to some other facility of NMFS.
    (h) Alternative reporting procedures. As an alternative to the use 
of the specific procedures provided, an applicant may submit proposed 
reporting procedures for a general type of fishery operation (i.e., 
transshipments under Activity Code 10) to the appropriate Regional 
Administrator and the USCG commander (see tables 1 and 2 to Sec. 600.502 
of this chapter). With the agreement of the USCG commander, the Regional 
Administrator may authorize the use of alternative reporting procedures.

                   Table 1 to Sec.  600.502--Addresses
------------------------------------------------------------------------
                                NMFS science and      U.S. Coast Guard
NMFS regional administrators   research directors        commanders
------------------------------------------------------------------------
Administrator, Northeast      Director, Notheast    Commander, Atlantic
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, NOAA,      Center, National      Guard, 431 Crawford
 One Blackburn Drive,          Marine Fisheries      St., Portsmouth, VA
 Gloucester, MA 01930-2298.    Service, NOAA, 166    23704.
                               Water St., Woods
                               Hole, MA 02543-1097.
Administrator, Southeast      Director, Southeast   Commander, Atlantic
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, 9721       Center, National      Guard, Governor's
 Exec. Center Drive N., St.    Marine Fisheries      Island, New York
 Petersburg, FL 33702.         Service, NOAA, 75     10004.
                               Virginia Beach
                               Drive, Miami, FL
                               33149-1003.
Administrator, Northwest      Director, Northwest   Commander, Pacific
 Region, National Marine       Fisheries Science     Area, U.S. Coast
 Fisheries Service, NOAA,      Center, National      Guard, Government
 7600 Sand Point Way, NE,      Marine Fisheries      Island, Alameda, CA
 BIN C15700, Bldg. 1,          Service, NOAA, 2725   94501.
 Seattle, WA 98115.            Montlake Blvd.
                               East, Seattle, WA
                               98112-2097.
Administrator, Alaska         Director, Alaska      Commander,
 Region, National Marine       Fisheries Science     Seventeenth Coast
 Fisheries Service, NOAA,      Center, National      Guard District,
 P.O. Box 21668, Juneau, AK    Marine Fisheries      P.O. Box 25517,
 99802-1668.                   Service, NOAA, 7600   Juneau, AK 99802.
                               Sand Point Way, NE,
                               BIN C15700, Bldg.
                               4, Seattle, WA
                               98115-0070.
Administrator, Southwest      Director, Southwest   Commander,
 Region, National Marine       Fisheries Science     Fourteenth Coast
 Fisheries Service, NOAA,      Center, National      Guard District, 300
 501 West Ocean Blvd., Suite   Marine Fisheries      Ala Moana Blvd.,
 4200, Long Beach, CA 90802-   Service, NOAA, P.O.   Honolulu, HI 96850.
 4213.                         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.                     Science Center,       Area.
                               Attn: Observer
                               Program.
Atlantic Ocean South of Cape  Director, Northeast   Commander, Atlantic
 Hatteras.                     Science Center,       Area.
                               Attn: Observer
                               Program.
Atlantic Tunas, Swordfish,    Director, Office of   Commander, Atlantic
 Billfish and Sharks.          Sustainable           Area.
                               Fisheries.
Gulf of Mexico and Caribbean  Administrator,        Commander, Atlantic
 Sea.                          Southeast Region.     Area.
Pacific Ocean off the States  Administrator,        Commander, Pacific
 of California, Oregon, and    Northwest Region.     Area.
 Washington.
North Pacific Ocean and       Administrator,        Commander,
 Bering Sea off Alaska.        Alaska Region.        Seventeenth Coast
                                                     Guard District.
Pacific Ocean off Hawaii and  Administrator,        Commander,
 Other U.S. Insular            Southwest 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).

[[Page 53]]

 
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:


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

[61 FR 32540, June 24, 1996, as amended at 63 FR 7073, Feb. 12, 1998; 64 
FR 39020, July 21, 1999]



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--

[[Page 54]]

    (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-Stevens Act and this 
subpart.
    (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 Administrator, 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--

[[Page 55]]

    (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:
    (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.

[[Page 56]]

    (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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.505  Prohibitions.

    (a) It is unlawful for any person to do any of the following:
    (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-Stevens 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-Stevens 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-
Stevens 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-Stevens 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-Stevens 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 
Assistant Administrator or appropriate Regional Administrator;
    (9) Retain or attempt to retain, directly or indirectly, any U.S. 
harvested fish, unless the FFV has a permit for Activity Codes 4, 6, or 
10;
    (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;

[[Page 57]]

    (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);
    (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-Stevens 
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:
    (i) The fishing is authorized by the Governor of that state as 
permitted by section 306(c) of the Magnuson-Stevens Act to engage in a 
joint venture for processing and support with U.S. fishing vessels in 
the internal waters of that state; or
    (ii) The fishing is authorized by, and conducted in accordance with, 
a valid permit issued under Sec. 600.501, and the Governor of that state 
has indicated concurrence to allow fishing consisting solely of 
transporting fish or fish products from a point within the boundaries of 
that state to a point outside the United States; 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 
FR 39020, July 21, 1999]



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-Stevens Act, the appropriate Regional 
Administrator 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(h)(2) of the Magnuson-Stevens 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 
Administrator or Science and Research Director and also to the Chief, 
Financial Services Division, NMFS, 1315 East West Highway, Silver 
Spring, MD 20910 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 Administrator 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

[[Page 58]]

listed in the quarterly schedule, the appropriate Regional Administrator 
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 
Administrator 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 Administrator 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, 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.

[[Page 59]]

    (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 
Administrator or Science and Research Director will assign a 
supplementary observer to that vessel. The costs of supplementary 
observers will be paid for 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 
Administrator 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 Administrator 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

[[Page 60]]

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 Administrator 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-Stevens 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 Administrator or Science and 
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 Administrator or Science and 
Research Director will certify persons as qualified for the position of 
supplementary observer once the following conditions are met:

[[Page 61]]

    (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 
Administrator 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 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7074, 7075, Feb. 12, 
1998; 64 FR 39020, July 21, 1999]



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,

[[Page 62]]

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-Stevens 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 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).

[[Page 63]]

    (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--
    (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.

[[Page 64]]

    (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.
    (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 
Administrator and the USCG commander (see tables 1 and 2 to 
Sec. 600.502). With the agreement of the USCG commander, the Regional 
Administrator

[[Page 65]]

may authorize the use of that log format for vessels of the requesting 
Nation.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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 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) Internal waters. For FFV's authorized under section 306(c) of 
the Magnuson-Stevens Act:
    (1) Each FFV may engage in fish 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.
    (2) The owner or operator of each FFV must submit weekly reports on 
the amount of fish received from vessels of the United States and the 
location(s) where such fish were harvested.
    (i) Reports must include:
    (A) Vessel identification information for the FFV.
    (B) Date of each receipt of fish.
    (C) Amount of fish received, by species.
    (D) Location(s) from which the fish received were harvested and the 
name and official number of the vessel of the United States that 
harvested the fish.
    (ii) Owners or operators of FFV's processing fish in internal waters 
under the provisions of this paragraph (f) must request, from the 
Regional Administrator, the requirements regarding timing and submission 
of the reports, at least 15 days prior to the first receipt of fish from 
a vessel of the United States. The Regional Administrator shall 
stipulate the timing and submission requirements in writing.
    (g) Transshipping. Each FFV with Activity Code 1, 2, 3, 4, 5, 6, 7, 
8, or 10 may transship in accordance with this subpart and the vessel's 
permit.

[61 FR 32540, June 24, 1996, as amended at 62 FR 27183, May 19, 1997; 62 
FR 34397, June 26, 1997; 64 FR 39020, July 21, 1999]



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

[[Page 66]]

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--
    (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 Administrator is authorized to 
close a fishery on behalf of NMFS. The Regional Administrator will 
notify each FFV's designated representative of closures.
    (2) If possible, notice will be given 48 hours before the closure. 
However, each

[[Page 67]]

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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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 
Administrator, Director, or designee, 60 days or as soon as practicable 
prior to its start, a scientific research plan for each scientific 
cruise. The Regional Administrator, 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 Administrator, Director, or designee, after review of a 
research plan, determines that it does not constitute scientific 
research activity, but rather fishing, the Regional Administrator, 
Director, or designee will inform the applicant as soon as practicable 
and in writing. The Regional Administrator, 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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 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

[[Page 68]]

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-Stevens 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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 Administrator or the Director.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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. The amount of 
the fee will be determined in accordance with the procedures for 
determining administrative costs of each special product or service 
contained in the NOAA Finance Handbook, which is available upon request 
from the International Fisheries Division (see address at 
Sec. 600.501(d)(1)). The fee is specified with the application form. At 
the time the application is submitted, a check for the fees, drawn on a 
U.S. bank, payable to the order of ``Department of Commerce, NOAA,'' 
must be sent to the Assistant Administrator. The permit fee payment must 
be accompanied by a list of the vessels for which the payment is made. 
In the

[[Page 69]]

case of applications for permits authorizing activity code 10, the 
permit application fee will be waived if the applicant provides 
satisfactory documentary proof to the Assistant Administrator that the 
foreign nation under which the vessel is registered does not collect a 
fee from a vessel of the United States engaged in similar activities in 
the waters of such foreign nation. The documentation presented (e.g., 
copy of foreign fishing regulations applicable to vessels of the United 
States) must clearly exempt vessels of the United States from such a 
fee.
    (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.

                    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 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 allocation at the rate in 
paragraph (b)(1) of this section, or as determined by the Assistant 
Administrator, plus the observer fees required by paragraph (c) 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 Administrator 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 Administrator will stand and a bill will be 
issued for that amount. If necessary, the catch figures may be refined 
by the Regional Administrator during the next 60 days, and any 
modifications will be reflected in the next quarter's bill.
    (c) 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.
    (d) Financial assurances. (1) A foreign nation, or the owners and 
operators of certain vessels of that foreign nation, 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

[[Page 70]]

charges or summons to appear in court; or
    (iv) Enforcement of Magnuson-Stevens 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 64 
FR 39020, July 21, 1999]



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 Administrator 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 Administrator 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 Administrator.
    (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.
    (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

[[Page 71]]

EEZ shown inside the boundaries of the ``three digit statistical areas'' 
described in Figure 1 to this section.
[GRAPHIC] [TIFF OMITTED] TR24JN96.000

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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

[[Page 72]]

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-Stevens 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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.
    (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

[[Page 73]]

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(c) of the 
Magnuson-Stevens Act.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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
    (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

[[Page 74]]

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.



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.

[[Page 75]]



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-Stevens Act or any other 
statute administered by NOAA and/or any regulation or permit issued 
under the Magnuson-Stevens 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-Stevens 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-Stevens 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-
Stevens 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-Stevens Act or any other statute administered 
by NOAA.
    (h) Resist a lawful arrest for any act prohibited under the 
Magnuson-Stevens 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-Stevens 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-Stevens 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) Fail to submit to a USCG safety examination when required by 
NMFS pursuant to Sec. 600.746.
    (q) Fail to display a Commercial Fishing Vessel Safety Examination 
decal or a valid certificate of compliance or inspection pursuant to 
Sec. 600.746.
    (r) Fail to provide to an observer, a NMFS employee, or a designated 
observer provider information that has been requested pursuant to 
Sec. 600.746, or fail to allow an observer, a NMFS employee, or a 
designated observer provider to inspect any item described at 
Sec. 600.746.
    (s) Fish without an observer when the vessel is required to carry an 
observer.
    (t) Assault, oppose, impede, intimidate, or interfere with a NMFS-
approved observer aboard a vessel.
    (u) Prohibit or bar by command, impediment, threat, coercion, or 
refusal

[[Page 76]]

of reasonable assistance, an observer from conducting his or her duties 
aboard a vessel.
    (v) The use of any gear or participation in a fishery not on the 
following list of authorized fisheries and gear is prohibited after July 
26, 1999. A fish, whether targeted or not, may be retained only if it is 
taken within a listed fishery, is taken with a gear authorized for that 
fishery, and is taken in conformance with all other applicable 
regulations. Listed gear can only be used in a manner that is consistent 
with existing laws or regulations. The list of fisheries and allowable 
gear does not, in any way, alter or supersede any definitions or 
regulations contained elsewhere in this chapter. A person or vessel is 
prohibited from engaging in fishing or employing fishing gear when such 
fishing or gear is prohibited or restricted by regulation under an FMP 
or under other applicable law. However, after July 26, 1999, an 
individual fisherman may notify the appropriate Council, or the 
Assistant Administrator in the case of Atlantic highly migratory 
species, of the intent to use a gear or participate in a fishery not 
already on this list. Ninety days after such notification, the 
individual may use the gear or participate in that fishery unless 
regulatory action is taken to prohibit the use of the gear or 
participate in the fishery (e.g., through emergency or interim 
regulations). The list of authorized fisheries and gear is as follows:

------------------------------------------------------------------------
                  Fishery                       Allowable gear types
------------------------------------------------------------------------
             New England Fishery Management Council (NEFMC)
------------------------------------------------------------------------
Atlantic Sea Scallops Fishery (FMP):
    A. Dredge fishery.....................  A. Dredge
    B. Trawl fishery......................  B. Trawl
    C. Hand harvest fishery...............  C. Hand harvest
    D. Recreational fishery...............  D. Hand harvest
Atlantic Salmon Fishery (FMP).............  No harvest/possession in the
                                             EEZ
Striped Bass Fishery (Non-FMP)............  No harvest/possession in the
                                             EEZ
Northeast (NE) Multispecies Fishery (FMP):
    A. NE Multispecies Sink Gillnet.......  A. Gillnet
    B. North Atlantic bottom trawl........  B. Trawl
    C. Groundfish hook and line...........  C. Longline, handline, rod
                                             and reel
    D. Mixed species trap/pot.............  D. Trap/pot
    E. Dredge fishery.....................  E. Dredge
    F. Seine fishery......................  F. Seine
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             spear
American Lobster Fishery (FMP):
    A. Lobster pot/trap...................  A. Pot, trap
    B. North Atlantic bottom trawl........  B. Trawl
    C. Dredge fishery.....................  C. Dredge
    D. Hand harvest fishery...............  D. Hand harvest
    E. Recreational fishery...............  E. Pot, trap, hand harvest
Atlantic Herring Fishery (Preliminary
 FMP):
    A. Coastal herring trawl..............  A. Trawl fishery
    B. Atlantic herring purse seine         B. Purse seine
     fishery.
    C. Coastal/inshore gillnet fishery....  C. Gillnet
    D. Recreational fishery...............  D. Hook and line, gillnet
Dogfish Fishery (Non-FMP):
    A. Gillnet fishery....................  A. Gillnet
    B. Trawl fishery......................  B. Trawl
    C. Recreational fishery...............  C. Hook and line, rod and
                                             reel
Atlantic Bluefish (FMP managed by Mid-
 Atlantic Fishery Management Council
 (MAFMC)):
    A. Pelagic longline/hook and line.....  A. Longline, handline
    B. Seine fishery......................  B. Purse seine, seine
    C. Mixed species pot/trap fishery.....  C. Pot, trap
    D. Bluefish, croaker, flounder trawl    D. Trawl
     fishery.
    E. Pelagic drift gillnet fishery......  E. Gillnet
    F. Dredge fishery.....................  F. Dredge
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             trap, pot
Atlantic Mackerel, Squid and Butterfish
 Fishery (FMP managed by the MAFMC):
    A. Mackerel, squid, butterfish trawl    A. Trawl
     fishery.
    B. Pelagic drift gillnet fishery......  B. Gillnet
    C. Pelagic longline/hook and line       C. Longline, handline
     fishery.
    D. Purse seine fishery................  D. Purse seine
    E. Mixed species pot/trap fishery.....  E. Pot, trap
    F. Dredge fishery.....................  F. Dredge
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             pot
Surf Clam and Ocean Quahog Fishery (FMP     Dredge
 managed by the MAFMC).
Atlantic Menhaden Purse Seine Fishery (Non- Purse seine
 FMP).
Atlantic Halibut Fishery (Non-FMP)........  Longline, handline, gillnet,
                                             trawl
Weakfish Fishery (Non-FMP):
    A. Commercial fishery.................  A. Trawl, gillnet, hook and
                                             line
    B. Recreational fishery...............  B. Hook and line
Atlantic Mussel/Sea Urchin Fishery (Non-
 FMP):
    A. Dredge fishery.....................  A. Dredge
    B. Hand harvest fishery...............  B. Hand harvest
Atlantic Skate Fishery:
    A. Trawl fishery......................  A. Trawl
    B. Gillnet fishery....................  B. Gillnet
    C. Hook-and-line fishery..............  C. Longline and handline
Crab Fishery (Non-FMP)....................  Pot
Northern Shrimp Fishery:
    A. Shrimp trawl fishery...............  A. Trawl
    B. Shrimp pot fishery.................  B. Pot
Monkfish Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl
    B. Gillnet fishery....................  B. Gillnet

[[Page 77]]

 
    C. Demersal longline fishery..........  C. Longline
    D. Dredge fishery.....................  D. Dredge
    E. Trap/pot...........................  E. Trap/pot
Summer Flounder, Scup, Black Sea Bass
 Fishery (FMP managed by MAFMC):
    A. Bluefish, croaker, flounder trawl    A. Trawl
     fishery.
    B. Pelagic longline/hook and line       B. Longline, handline
     fishery..
    C. Mixed species pot/trap fishery.....  C. Pot, trap
    D. Pelagic drift gillnet fishery......  D. Gillnet
     E. Recreational fishery..............  E. Rod and reel, handline,
                                             pot, trap
Hagfish Fishery (Non-FMP).................  Trap/pot
------------------------------------------------------------------------
                 Mid-Atlantic Fishery Management Council
------------------------------------------------------------------------
Summer Flounder, Scup, Black Sea Bass FMP:
    A. Bluefish, croaker, flounder trawl    A. Trawl
     fishery.
    B. Pelagic longline/hook and line       B. Longline, handline
     fishery.
    C. Mixed species pot/trap fishery.....  C. Pot, trap
    D. Pelagic drift gillnet fishery......  D. Gillnet
    E. Recreational fishery...............  E. Rod and reel, handline,
                                             pot, trap
Atlantic Bluefish FMP:
    A. Bluefish, Croaker, Flounder trawl    A. Trawl
     fishery.
    B. Pelagic longline/hook and line       B. Longline, handline
     fishery.
    C. Mixed species pot/trap fishery.....  C. Pot, trap
    D. Pelagic drift gillnet fishery......  D. Gillnet
    E. Seine fishery......................  E. Purse seine, seine
    F. Dredge fishery.....................  F. Dredge
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             trap, pot
Atlantic Mackerel, Squid, and Butterfish
 Fishery (FMP):
    A. Mackerel, Squid, Butterfish trawl    A. Trawl
     fishery.
    B. Pelagic drift gillnet fishery......  B. Gillnet
    C. Pelagic longline/hook and line       C. Longline, handline
     fishery.
    D. Purse seine fishery................  D. Purse seine
    E. Mixed species pot/trap fishery.....  E. Pot, trap
    F. Dredge fishery.....................  F. Dredge
    G. Bandit gear fishery................  G. Bandit gear
    H. Recreational fishery...............  H. Rod and reel, handline,
                                             pot
Surf Clam/Ocean Quahog Fishery (FMP):
    A. Dredge fishery.....................  A. Dredge
    B. Recreational fishery...............  B. Hand harvest
Atlantic Sea Scallop Fishery (FMP managed
 by NEFMC):
    A. Dredge fishery.....................  A. Dredge
    B. Trawl fishery......................  B. Trawl
    C. Hand harvest fishery...............  C. Hand harvest
Atlantic Menhaden Purse Seine Fishery (Non- Purse seine
 FMP).
Striped bass Fishery (Non-FMP)............  No harvest/possession in the
                                             EEZ
Northern Shrimp Trawl Fishery (Non-FMP)...  Trawl
American Lobster Fishery (FMP managed by
 NEFMC):
    A. Pot/trap fishery...................  A. Pot/trap
    B. Hand harvest fishery...............  B. Hand harvest
Weakfish Fishery (Non-FMP):
    A. Commercial fishery.................  A. Trawl, gillnet, hook and
                                             line
    B. Recreational fishery...............  B. Hook and line
Mixed Species Trawl Fishery (Non-FMP).....  Trawl
Whelk Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl
    B. Pot/trap fishery...................  B. Pot/trap
Monkfish Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl
    B. Longline fishery...................  B. Longline
Tilefish Fishery (Non-FMP):
    A. Groundfish hook-and-line fishery...  A. Longline, handline
    B. Recreational fishery...............  B. Rod and reel
Dogfish Fishery (Non-FMP):
    A. Gillnet fishery....................  A. Gillnet
    B. Trawl fishery......................  B. Trawl
    C. Recreational fishery...............  C. Hook and line
Coastal Gillnet Fishery (Non-FMP).........  Gillnet
Recreational Fishery (Non-FMP)............  Rod and reel, handline
------------------------------------------------------------------------
                South Atlantic Fishery Management Council
------------------------------------------------------------------------
Golden Crab Fishery (FMP).................  Trap
Atlantic Red Drum Fishery (FMP)...........  No harvest/possession in EEZ
Coral and Coral Reef Fishery (FMP):
    A. Octocoral commercial fishery.......  Hand harvest only
    B. Live rock aquaculture fishery......  Hand harvest only
    C. Octocoral recreational fishery.....  Hand harvest only
South Atlantic Shrimp Fishery (FMP).......  Trawl
South Atlantic Snapper-Grouper Fishery
 (FMP):
    A. Commercial fishery.................  A. Longline, rod and reel,
                                             bandit gear, handline,
                                             spear, powerhead
    B. Black sea bass trap/pot fishery....  B. Pot, trap
    C. Wreckfish fishery..................  C. Rod and reel, bandit
                                             gear, handline
    D. Recreational fishery...............  D. Handline, rod and reel,
                                             bandit gear, spear,
                                             powerhead
South Atlantic Spiny Lobster FMP:
    A. Commercial fishery.................  A. Trap, pot, dip net, bully
                                             net, snare
    B. Recreational fishery...............  B. Trap, pot, dip net, bully
                                             net, snare
South Atlantic Coastal Migratory Pelagics
 FMP:
    A. Commercial Spanish mackerel fishery  A. Handline, rod and reel,
                                             bandit gear, gillnet, cast
                                             net
    B. Commercial King mackerel fishery...  B. Handline, rod and reel,
                                             bandit gear
    C. Other commercial coastal migratory   C. Longline, handline, rod
     pelagics fishery.                       and reel, bandit gear
    D. Recreational fishery...............  D. Bandit gear, rod and
                                             reel, handline

[[Page 78]]

 
Atlantic Mackerel, Squid, and Butterfish    Trawl
 Trawl Fishery (Non-FMP).
Weakfish Fishery (Non-FMP):
    A. Commercial fishery.................  A. Trawl, gillnet, hook and
                                             line
    B. Recreational fishery...............  B. Hook and line
Whelk Trawl Fishery (non-FMP).............  Trawl
Marine Life Aquarium Fishery (Non-FMP)....  Dip net, slurp gun, barrier
                                             net, allowable chemical
Calico Scallops Trawl Fishery (Non-FMP)...  Trawl
Bluefish, Croaker, Flounder Trawl Fishery   Trawl
 (Non-FMP).
Recreational Fishery (Non-FMP)............  Handline, bandit gear, rod
                                             and reel
Sargassum Fishery (Non-FMP)...............  Trawl
------------------------------------------------------------------------
                Gulf of Mexico Fishery Management Council
------------------------------------------------------------------------
Gulf of Mexico Red Drum FMP...............  No harvest/possession in EEZ
Coral Reef FMP:
    A. Commercial fishery.................  A. Hand harvest only
    B. Recreational fishery...............  B. Hand harvest only
Gulf of Mexico Reef Fish FMP:
    A. Snapper-Grouper reef fish longline/  A. Longline, handline,
     hook and line fishery.                  bandit gear, rod and reel,
                                             buoy gear
    B. Pot/trap reef fish fishery.........  B. Pot, trap
    C. Other commercial fishery...........  C. Spear, powerhead, cast
                                             net, trawl
    D. Recreational fishery...............  D. Spear, powerhead, bandit
                                             gear, handline, rod reel,
                                             cast net
Gulf of Mexico Shrimp FMP:
    A. Gulf of Mexico commercial fishery..  A. Trawl butterfly net,
                                             skimmer, castnet
    B. Recreational fishery...............  B. Trawl
Gulf of Mexico Coastal Migratory Pelagics
 FMP:
    A. Large pelagics longline fishery....  A. Longline
    B. King/Spanish mackerel gillnet        B. Gillnet
     fishery.
    C. Pelagic hook and line fishery......  C. Bandit gear, handline,
                                             rod and reel
    D. Pelagic species purse seine fishery  D. Purse seine
    E. Recreational fishery...............  E. Bandit gear, handline,
                                             rod and reel, spear
Gulf of Mexico Spiny Lobster FMP:
    A. Spiny lobster pot/trap fishery.....  A. Trap, pot.
    B. Dip net fishery....................  B. Dip net, bully net, hoop
                                             net
    C. Recreational fishery...............  C. Dip net, bully net, pot,
                                             trap, snare
Stone Crab FMP:
    A. Trap/pot crab fishery..............  A. Trap, pot
    B. Recreational fishery...............  B. Trap, pot
Mullet Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl
    B. Gillnet fishery....................  B. Gillnet
    C. Recreational fishery...............  C. Bandit gear, handline,
                                             rod and reel
Inshore Coastal Gillnet Fishery (Non-FMP).  Gillnet
Golden Crab Fishery (Non-FMP).............  Trap
Octopus Fishery (Non-FMP).................  Trap
Marine Life Aquarium Fishery (Non-FMP)....  Dip net, slurp gun, barrier
                                             net, allowable chemical
Coastal Herring Trawl Fishery (Non-FMP)...  Trawl
Butterfish Trawl Fishery (Non-FMP)........  Trawl
Gulf of Mexico Groundfish (Non-FMP):
    A. Commercial fishery.................  A. Trawl, purse seine,
                                             gillnet
    B. Recreational fishery...............  B. Hook and line
Gulf of Mexico Menhaden Purse Fishery (Non- Purse seine
 FMP).
Sardine Purse Seine Fishery (Non-FMP).....  Purse seine
Oyster Fishery (Non-FMP)..................  Dredge
Non-Groundfish finfish (Non-FMP)..........  Trawl, gillnet, longline,
                                             handline, rod and reel,
                                             bandit gear
Recreational fishery (Non-FMP)............  Bandit gear, handline, rod
                                             and reel, spear, bully net,
                                             gillnet, dip net, longline,
                                             powerhead, seine, slurp
                                             gun, trap, trawl, harpoon,
                                             castnet, hoop net
------------------------------------------------------------------------
                  Caribbean Fishery Management Council
------------------------------------------------------------------------
Caribbean Spiny Lobster FMP:
    A. Trap/pot fishery...................  A. Trap/pot
    B. Dip net fishery....................  B. Dip net
    C. Entangling net fishery.............  C. Gillnet, trammel net
    D. Recreational fishery...............  D. Dip net, trap, pot,
                                             gillnet, trammel net
    E. Hand harvest fishery...............  E. Hand harvest
Caribbean Shallow Water Reef Fish FMP:
    A. Longline/hook and line fishery.....  A. Longline, hook and line
    B. Trap/pot fishery...................  B. Trap, pot
    C. Entangling net fishery.............  C. Gillnet, trammel net
    D. Recreational fishery...............  D. Dip net, handline, rod
                                             and reel, slurp gun, spear
Coral and Reef Resources FMP:
    A. Commercial fishery.................  A. Dip net, slurp gun
    B. Recreational fishery...............  B. Dip net, slurp gun
Queen Conch FMP:
    A. Commercial fishery.................  A. Hand harvest only
    B. Recreational fishery...............  B. Hand harvest only
Caribbean Pelagics (Non-FMP):
    A. Pelagics drift gillnet.............  A. Gillnet fishery
    B. Pelagics longline/hook and line      B. Longline/hook and line
     fishery.

[[Page 79]]

 
    C. Recreational fishery...............  C. Spear, handline,
                                             longline, rod and reel
------------------------------------------------------------------------
                   Pacific Fishery Management Council
------------------------------------------------------------------------
Washington, Oregon, and California Salmon
 FMP:
    A. Salmon set gillnet fishery.........  A. Gillnet
    B. Salmon hook and line fishery.......  B. Hook and line
    C. Trawl fishery......................  C. Trawl
    D. Recreational fishery...............  D. Rod and reel
West Coast Groundfish FMP:
    A. Pacific groundfish trawl fishery...  A. Trawl
    B. Set gillnet fishery................  B. Gillnet
    C. Groundfish longline/setline fishery  C. Longline
    D. Groundfish handline/hook and line    D. Handline, hook and line
     fishery.
    E. Groundfish pot/trap fishery........  E. Pot, trap
    F. Recreational fishery...............  F. Rod and reel, handline,
                                             spear, hook and line
Northern Anchovy Fishery (FMP)............  Purse seine, lampara net
Angel Shark, White Croaker, California      Gillnet
 Halibut, White Sea Bass, Pacific Mackerel
 Large-Mesh Set Net Fishery (Non-FMP).
Thresher Shark/ Swordfish Drift Gillnet     Gillnet
 Fishery (Non-FMP).
Pacific Shrimp/Prawn (Non-FMP):
    A. Pot/trap fishery...................  A. Pot/trap
    B. Trawl fishery......................  B. Trawl
Lobster, Rock Crab Pot/Trap Fishery (Non-   Pot, trap
 FMP).
Pacific Halibut (Non-FMP):
    A. Longline/setline fishery...........  A. Longline/setline
    B. Hook-and-line fishery..............  B. Hook-and-line
California Halibut Trawl and Trammel Net    Trawl and trammel net
 Fishery.
Shark/Bonito Longline/Setline Fishery (Non- Longline.
 FMP).
Dungeness Crab Pot/Trap Fishery (Non-FMP).  Pot, trap
Hagfish Trap/Pot Fishery (Non-FMP)........  Trap, pot
Pacific Albacore, Other Tuna Hook and Line  Hook and line.
 Fishery (Non-FMP).
Pacific Swordfish Harpoon Fishery (Non-     Harpoon.
 FMP).
Pacific Scallop Dredge Fishery (Non-FMP)..  Dredge
Pacific Yellowfin, Skipjack Tuna, Purse     Purse seine.
 Seine Fishery (Non-FMP).
Market Squid Fishery (Non-FMP)............  Purse seine; dip net
Pacific Sardine, Pacific..................  Purse seine
Mackerel, Pacific Saury, Pacific Bonito,
 Jack mackerel, Purse Seine Fishery (Non-
 FMP):
    Finfish and Shellfish Live Trap, Hook   Trap, handline, hook and
     and line/Handline Fishery (Non-FMP).    line
Recreational Fishery (Non-FMP)............  Spear, trap, handline, pot,
                                             hook and line, rod and reel
------------------------------------------------------------------------
                North Pacific Fishery Management Council
------------------------------------------------------------------------
Alaska Scallop Fishery (FMP)..............  Dredge, diving gear
Bering Sea (BS) and Aleutian Islands (AI)
 King and Tanner Crab Fishery FMP:
    Pot fishery fishery...................  Pot
BS and AI King and Tanner Crab Fishery
 (Non-FMP):
    Recreational fishery..................  Pot
BS and AI Groundfish Fishery FMP:
    A. Groundfish trawl fishery...........  A. Trawl
    B. Bottomfish hook and line, handline   B. Hook and line, handline
     fishery.
    C. Longline fishery...................  C. Longline
    D. BS and AI pot/trap fishery.........  D. Pot, trap
BS and AI Groundfish Fishery (Non-FMP):
    Recreational fishery..................  Handline, rod and reel, hook
                                             and line, pot, trap
Gulf of Alaska (GOA) Groundfish Fishery
 (FMP):
    A. Groundfish trawl fishery...........  A. Trawl
    B. Bottomfish hook-and-line and         B. Hook and line, handline
     handline.
    C. Longline fishery...................  C. Longline
    D. GOA pot/trap fishery...............  D. Pot/trap
    E. Recreational fishery...............  E. Handline, rod and reel,
                                             hook and line, pot, trap
Pacific Halibut (Non-FMP):
    Hook and line, jig and troll fishery..  Hook and line, and jig
Alaska High Seas Salmon FMP:
    Hook and line fishery.................  Hook and line
Alaska Salmon (Non-FMP)
    A. Alaska salmon hook and line fishery  A. Hook and line
    B. Alaska salmon gillnet fishery......  B. Gillnet
    C. Alaska salmon purse seine fishery..  C. Purse seine
    D. Recreational fishery...............  D. Handline, rod and reel,
                                             hook and line
Finfish Purse Seine Fishery (Non-FMP).....  Purse seine
Octopus/Squid Longline Fishery (Non-FMP)..  Longline
Finfish Handline/Hook and Line Fishery      Handline, hook and line
 (Non-FMP).
Recreational Fishery (Non-FMP)............  Handline, rod and reel, hook
                                             line
------------------------------------------------------------------------
               Western Pacific Fishery Management Council
------------------------------------------------------------------------
Western Pacific Crustacean FMP Lobster      Trap
 Fishery.
Western Pacific Crustacean (Non-FMP):
    A. Commercial fishery.................  A. Gillnet, hand harvest,
                                             hoop net, spear, snare,
                                             trap, trawl
    B. Recreational fishery...............  B. Gillnet, hand harvest,
                                             hoop net, spear, snare,
                                             trap
    C. Charter fishery....................  C. Hand harvest, spear
Western Pacific Precious Corals FMP:
    A. Tangle net dredge fishery..........  A. Tangle net dredge
    B. Submersible fishery................  B. Submersibles
    C. Coral Dive/Hand Collection Fishery.  C. Hand harvest only
    D. Recreational fishery...............  D. Hand harvest only

[[Page 80]]

 
Western Pacific Precious Corals (Non-FMP).  Hand harvest, submersible,
                                             tangle net dredge
Western Pacific Bottomfish/Seamount
 Groundfish FMP:
    A. Bottomfish hook and line fishery...  A. Bandit gear, buoy gear,
                                             handline, hook and line,
                                             rod and reel
    B. Seamount groundfish fishery........  B. Longline, trawl
    C. Bottom longline fishery............  C. Longline
    D. Trap fishery.......................  D. Trap
    E. Spear fishery......................  E. Spear, powerhead
Western Pacific Bottomfish/Seamount
 Groundfish (Non-FMP):
    A. Commercial fishery.................  A. Bandit gear, buoy gear,
                                             gillnet, handline, hook-and-
                                             line, longline, rod and
                                             reel, spear, trap
    B. Recreational fishery...............  B. Bandit gear, buoy gear,
                                             Gillnet, handline, hook-and-
                                             line, longline, rod and
                                             reel, spear, trap
    C. Charter fishery....................  C. Bandit gear, buoy gear,
                                             handline, hook-and-line,
                                             rod and reel, spear
Western Pacific Pelagics FMP:
    A. Longline fishery...................  A. Longline
    B. Hook and line fishery..............  B. Bandit gear, buoy gear,
                                             handline, hook and line,
                                             rod and reel
    C. Purse seine fishery................  C. Lampara, purse seine
    D. Spear fishery......................  D. Spear, powerhead
Western Pacific Pelagics (Non-FMP):
    A. Recreational fishery...............  A. Bandit gear, buoy gear,
                                             dip net, handline, hook and
                                             line, hoop net, powerhead,
                                             rod and reel, spear
    B. Commercial fishery.................  B. Bandit gear, buoy gear,
                                             dip net, handline, hook and
                                             line, hoop net, powerhead,
                                             rod and reel, spear
    C. Charter fishery....................  C. Bandit gear, buoy gear,
                                             dip net, handline, hook and
                                             line, hoop net, powerhead,
                                             rod and reel, spear
Western Pacific Coastal Pelagics (Non FMP)  Bandit gear, buoy gear, dip,
                                             net, gillnet, handline,
                                             hook and line, hoop net,
                                             lampara net, purse seine,
                                             rod and reel, spear
Western Pacific Squid/Octopus (Non FMP)...  Bandit gear, hand harvest,
                                             hook and line, rod and
                                             reel, spear, trap
Western Pacific Shallow Reef (Non FMP)....  Allowable chemical, barrier
                                             net, dip net, gillnet, hand
                                             harvest, seine, slurp gun,
                                             trap
------------------------------------------------------------------------
                          Secretary of Commerce
------------------------------------------------------------------------
Atlantic Tunas, Swordfish and Sharks FMP:
    A. Swordfish handgear fishery.........  A. Rod and reel, harpoon,
                                             handline, bandit gear.
    B. Pelagic longline fishery...........  B. Longline.
    C. Shark drift gillnet fishery........  C. Gillnet.
    D. Shark bottom longline fishery......  D. Longline.
    E. Shark handgear fishery.............  E. Rod and reel, handline,
                                             bandit gear.
    F. Tuna purse seine fishery...........  F. Purse seine.
    G. Tuna recreational fishery..........  G. Rod and reel, handline.
    H. Tuna handgear fishery..............  H. Rod and reel, harpoon,
                                             handline, bandit gear.
    I. Tuna harpoon fishery...............  I. Harpoon.
Atlantic Billfish FMP:
    Recreational fishery..................  Rod and reel.
------------------------------------------------------------------------


[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 63 
FR 27217; May 18, 1998; 64 FR 4037, Jan. 27, 1999; 64 FR 29134, May 28, 
1999]

    Effective Date Note: At 64 FR 4037, Jan. 27, 1999, Sec. 600.725 was 
amended by adding paragraph (v), and at 64 FR 29134, May 28, 1999, 
paragraph (v) was amended, both effective July 26, 1999. At 64 FR 40781, 
July 28, 1999, the effective date was delayed until Dec. 1, 1999.



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 
boarding and inspection of the vessel, its gear, equipment, fishing 
record

[[Page 81]]

(where applicable), and catch for purposes of enforcing the Magnuson-
Stevens 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; 
63 FR 7075, Feb. 12, 1998]



Sec. 600.735  Penalties.

    Any person committing, or fishing vessel used in the commission of a 
violation of the Magnuson-Stevens Act or any other statute administered 
by NOAA and/or any regulation issued under the Magnuson-Stevens Act, is 
subject to the civil and criminal penalty provisions and civil 
forfeiture provisions of the Magnuson-Stevens Act, to this section, to 
15 CFR part 904

[[Page 82]]

(Civil Procedures), and to other applicable law.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.740  Enforcement policy.

    (a) The Magnuson-Stevens 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-Stevens 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-Stevens 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-Stevens Act is used in the commission of an offense prohibited 
by section 307 of the Magnuson-Stevens 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-Stevens Act requires permit sanctions following the assessment 
of a civil penalty or the imposition of a criminal fine. In sum, the 
Magnuson-Stevens 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



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 Administrator, Director, or designee, 60 days 
or as soon as practicable prior to its start, a scientific research plan 
for each scientific cruise. The Regional Administrator, 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 Administrator, Director, or 
designee, after review of a research plan, determines that it does not 
constitute scientific research but rather fishing, the Regional 
Administrator, Director, or designee will inform the applicant as soon 
as practicable and in writing. The Regional Administrator, 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

[[Page 83]]

activity or is outside the scope of the scientific research plan.
    (b) Exempted fishing.--(1) General. A NMFS Regional Administrator or 
Director may authorize, for limited testing, 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 Administrator or Director in accordance with 
the criteria and procedures specified in this section. The Regional 
Administrator 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 Administrator 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 Administrator 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 Administrator 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 Administrator 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 Administrator 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 Administrator 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

[[Page 84]]

receipt of additional applications to participate in the same, or a 
similar, exempted fishing activity. The Regional Administrator or 
Director also will forward copies of the application to the Council(s), 
the USCG, and the appropriate fishery management agencies of 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 Administrator 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 
Administrator or Regional Administrator 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 Administrator 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 Administrator 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 Administrator 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

[[Page 85]]

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.
    (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 Administrator or Director, as 
specified in the EFP.
    (d) Exempted educational activities--(1) General. A NMFS Regional 
Administrator 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 Administrator 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 Administrator 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 Administrator 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 Administrator or Director may request from an 
applicant additional information necessary to make the determinations 
required

[[Page 86]]

under this section. An incomplete application will not be considered 
until corrected in writing.
    (3) Issuance. (i) The Regional Administrator 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, 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 Administrator 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.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.746  Observers.

    (a) Applicability. This section applies to any fishing vessel 
required to carry an observer as part of a mandatory observer program or 
carrying an observer as part of a voluntary observer program under the 
Magnuson-Stevens Act, MMPA (16 U.S.C. 1361 et seq.), the ATCA (16 U.S.C. 
971 et seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
seq.), or any other U.S. law.
    (b) Observer requirement. An observer is not required to board, or 
stay aboard, a vessel that is unsafe or inadequate as described in 
paragraph (c) of this section.
    (c) Inadequate or unsafe vessels. (1) A vessel is inadequate or 
unsafe for purposes of carrying an observer and allowing operation of 
normal observer functions if it does not comply with the applicable 
regulations regarding observer accommodations (see 50 CFR parts 229, 
285, 300, 600, 622, 648, 660, 678, and 679) or if it has not passed a 
USCG safety examination or inspection. A vessel that has passed a USCG 
safety examination or inspection must display one of the following:

[[Page 87]]

    (i) A current Commercial Fishing Vessel Safety Examination decal, 
issued within the last 2 years, that certifies compliance with 
regulations found in 33 CFR, chapter I and 46 CFR, chapter I;
    (ii) A certificate of compliance issued pursuant to 46 CFR 28.710; 
or
    (iii) A valid certificate of inspection pursuant to 46 U.S.C. 3311.
    (2) Upon request by an observer, a NMFS employee, or a designated 
observer provider, a vessel owner/operator must provide correct 
information concerning any item relating to any safety or accommodation 
requirement prescribed by law or regulation. A vessel owner or operator 
must also allow an observer, a NMFS employee, or a designated observer 
provider to visually examine any such item.
    (3) Pre-trip safety check. Prior to each observed trip, the observer 
is encouraged to briefly walk through the vessel's major spaces to 
ensure that no obviously hazardous conditions exist. In addition, the 
observer is encouraged to spot check the following major items for 
compliance with applicable USCG regulations:
    (i) Personal flotation devices/immersion suits;
    (ii) Ring buoys;
    (iii) Distress signals;
    (iv) Fire extinguishing equipment;
    (v) Emergency position indicating radio beacon (EPIRB), when 
required; and
    (vi) Survival craft, when required.
    (d) Corrective measures. If a vessel is inadequate or unsafe for 
purposes of carrying an observer and allowing operation of normal 
observer functions, NMFS may require the vessel owner or operator either 
to:
    (1) Submit to and pass a USCG safety examination or inspection; or
    (2) Correct the deficiency that is rendering the vessel inadequate 
or unsafe (e.g., if the vessel is missing one personal flotation device, 
the owner or operator could be required to obtain an additional one), 
before the vessel is boarded by the observer.
    (e) Timing. The requirements of this section apply both at the time 
of the observer's boarding, at all times the observer is aboard, and at 
the time the observer is disembarking from the vessel.
    (f) Effect of inadequate or unsafe status. A vessel that would 
otherwise be required to carry an observer, but is inadequate or unsafe 
for purposes of carrying an observer and for allowing operation of 
normal observer functions, is prohibited from fishing without observer 
coverage.

[63 FR 27217, May 18, 1998]



Sec. 600.747  Guidelines and procedures for determining new fisheries and gear.

    (a) General. Section 305(a) of the Magnuson-Stevens Act requires the 
Secretary to prepare a list of all fisheries under the authority of each 
Council, or the Director in the case of Atlantic highly migratory 
species, and all gear used in such fisheries. This section contains 
guidelines in paragraph (b) for determining when fishing gear or a 
fishery is sufficiently different from those listed in Sec. 600.725(v) 
as to require notification of a Council or the Director in order to use 
the gear or participate in the unlisted fishery. This section also 
contains procedures in paragraph (c) for notification of a Council or 
the Director of potentially new fisheries or gear, and for amending the 
list of fisheries and gear.
    (b) Guidelines. The following guidance establishes the basis for 
determining when fishing gear or a fishery is sufficiently different 
from those listed to require notification of the appropriate Council or 
the Director.
    (1) The initial step in the determination of whether a fishing gear 
or fishery is sufficiently different to require notification is to 
compare the gear or fishery in question to the list of authorized 
fisheries and gear in Sec. 600.725(v) and to the existing gear 
definitions in Sec. 600.10.
    (2) If the gear in question falls within the bounds of a definition 
in Sec. 600.10 for an allowable gear type within that fishery, as listed 
under Sec. 600.725(v), then the gear is not considered different, is 
considered allowable gear, and does not require notification of the 
Council or Secretary 90 days before it can be used in that fishery.
    (3) If, for any reason, the gear is not consistent with a gear 
definition for a

[[Page 88]]

listed fishery as described in paragraph (b)(2) of this section, the 
gear is considered different and requires Council or Secretarial 
notification as described in paragraph (c) of this section 90 days 
before it can be used in that fishery.
    (4) If a fishery falls within the bounds of the list of authorized 
fisheries and gear in Sec. 600.725(v) under the Council's or Secretary's 
authority, then the fishery is not considered different, is considered 
an allowable fishery and does not require notification of the Council or 
Director before that fishery can occur.
    (5) If a fishery is not already listed in the list of authorized 
fisheries and gear in Sec. 600.725(v), then the fishery is considered 
different and requires notification as described in paragraph (c) of 
this section 90 days before it can occur.
    (c) Procedures. If a gear or fishery does not appear on the list in 
Sec. 600.725(v), or if the gear is different from that defined in 
Sec. 600.10, the process for notification, and consideration by a 
Council or the Director, is as follows:
    (1) Notification. After July 26, 1999, no person or vessel may 
employ fishing gear or engage in a fishery not included on the list of 
approved gear types in Sec. 600.725(v) without notifying the appropriate 
Council or the Director at least 90 days before the intended use of that 
gear.
    (2) Notification procedures. (i) A signed return receipt for the 
notice serves as adequate evidence of the date that the notification was 
received by the appropriate Council or the Director, in the case of 
Atlantic highly migratory species, and establishes the beginning of the 
90-day notification period, unless required information in the 
notification is incomplete.
    (ii) The notification must include:
    (A) Name, address, and telephone number of the person submitting the 
notification.
    (B) Description of the gear.
    (C) The fishery or fisheries in which the gear is or will be used.
    (D) A diagram and/or photograph of the gear, as well as any 
specifications and dimensions necessary to define the gear.
    (E) The season(s) in which the gear will be fished.
    (F) The area(s) in which the gear will be fished.
    (G) The anticipated bycatch species associated with the gear, 
including protected species, such as marine mammals, sea turtles, sea 
birds, or species listed as endangered or threatened under the ESA.
    (H) How the gear will be deployed and fished, including the portions 
of the marine environment where the gear will be deployed (surface, 
midwater, and bottom).
    (iii) Failure to submit complete and accurate information will 
result in a delay in beginning the 90-day notification period. The 90-
day notification period will not begin until the information received is 
determined to be accurate and complete.
    (3) Action upon receipt of notification. (i) Species other than 
Atlantic Highly Migratory Species. (A) Upon signing a return receipt of 
the notification by certified mail regarding an unlisted fishery or 
gear, a Council must immediately begin consideration of the notification 
and send a copy of the notification to the appropriate Regional 
Administrator.
    (B) If the Council finds that the use of an unlisted gear or 
participation in a new fishery would not compromise the effectiveness of 
conservation and management efforts, it shall:
    (1) Recommend to the RA that the list be amended;
    (2) Provide rationale and supporting analysis, as necessary, for 
proper consideration of the proposed amendment; and
    (3) Provide a draft proposed rule for notifying the public of the 
proposed addition, with a request for comment.
    (C) If the Council finds that the proposed gear or fishery will be 
detrimental to conservation and management efforts, it will recommend to 
the RA that the authorized list of fisheries and gear not be amended, 
that a proposed rule not be published, give reasons for its 
recommendation of a disapproval, and may request NMFS to publish 
emergency or interim regulations, and begin preparation of an FMP or 
amendment to an FMP, if appropriate.

[[Page 89]]

    (D) After considering information in the notification and Council's 
recommendation, NMFS will decide whether to publish a proposed rule. If 
information on the new gear or fishery being considered indicates it is 
likely that it will compromise conservation and management efforts under 
the Magnuson-Stevens Act, and no additional new information is likely to 
be gained from a public comment period, then a proposed rule will not be 
published and NMFS will notify the appropriate Council. In such an 
instance, NMFS will publish emergency or interim regulations to prohibit 
or restrict use of the gear or participation in the fishery. If NMFS 
determines that the proposed amendment is not likely to compromise 
conservation and management efforts under the Magnuson-Stevens Act, NMFS 
will publish a proposed rule in the Federal Register with a request for 
public comment.
    (ii) Atlantic Highly Migratory Species. (A) Upon signing a return 
receipt of the notification by certified mail regarding an unlisted 
fishery or gear for Atlantic highly migratory species (HMS), NMFS will 
immediately begin consideration of the notification.
    (B) Based on information in the notification and submitted by the 
Council, NMFS will make a determination whether the use of an unlisted 
gear or participation in an unlisted HMS fishery will compromise the 
effectiveness of conservation and management efforts under the Magnuson-
Stevens Act. If it is determined that the proposed amendment will not 
compromise conservation and management efforts, NMFS will publish a 
proposed rule.
    (C) If NMFS finds that the proposed gear or fishery will be 
detrimental to conservation and management efforts in this initial stage 
of review, it will not publish a proposed rule and notify the applicant 
of the negative determination with the reasons therefor.
    (4) Final determination and publication of a final rule. Following 
public comment, NMFS will approve or disapprove the amendment to the 
list of gear and fisheries.
    (i) If approved, NMFS will publish a final rule in the Federal 
Register and notify the applicant and the Council, if appropriate, of 
the final approval.
    (ii) If disapproved, NMFS will withdraw the proposed rule, notify 
the applicant and the Council, if appropriate, of the disapproval; 
publish emergency or interim regulations, if necessary, to prohibit or 
restrict the use of gear or the participation in a fishery; and either 
notify the Council of the need to amend an FMP or prepare an amendment 
to an FMP in the case of Atlantic highly migratory species.

[64 FR 4043, Jan. 27, 1999]



                  Subpart I--Fishery Negotiation Panels

    Source: 62 FR 23669, May 1, 1997, unless otherwise noted.



Sec. 600.750  Definitions.

    Consensus means unanimous concurrence among the members on a Fishery 
Negotiation Panel established under this rule, unless such Panel:
    (1) Agrees to define such term to mean a general but not unanimous 
concurrence; or
    (2) agrees upon another specified definition.
    Fishery negotiation panel (FNP) means an advisory committee 
established by one or more Councils or the Secretary in accordance with 
these regulations to assist in the development of fishery conservation 
and management measures.
    Interest means, with respect to an issue or matter, multiple parties 
that have a similar point of view or that are likely to be affected in a 
similar manner.
    Report means a document submitted by an FNP in accordance with the 
Magnuson-Stevens Act.

[62 FR 23669, May 1, 1997, as amended at 63 FR 7075, Feb. 12, 1998]



Sec. 600.751  Determination of need for a fishery negotiation panel.

    A Council or NMFS may establish an FNP to assist in the development 
of specific fishery conservation and management measures. In determining 
whether to establish an FNP, NMFS or the Council, as appropriate, shall 
consider whether:

[[Page 90]]

    (a) There is a need for specific fishery conservation and management 
measures.
    (b) There are a limited number of identifiable interests that will 
be significantly affected by the conservation and management measure.
    (c) There is a reasonable likelihood that an FNP can be convened 
with a balanced representation of persons who:
    (1) Can adequately represent the interests identified under 
paragraph (b) of this section.
    (2) Are willing to negotiate in good faith to reach a consensus on a 
report regarding the issues presented.
    (d) There is a reasonable likelihood that an FNP will reach
    a consensus on a report regarding the issues presented within 1 year 
from date of establishment of the FNP.
    (e) The use of an FNP will not unreasonably delay Council or NMFS 
fishery management plan development or rulemaking procedures.
    (f) The costs of establishment and operation of an FNP are 
reasonable when compared to fishery management plan development or 
rulemaking procedures that do not use FNP procedures.
    (g) The Council or NMFS has adequate resources and is willing to 
commit such resources, including technical assistance, to an FNP.
    (h) The use of an FNP is in the public interest.



Sec. 600.752  Use of conveners and facilitators.

    (a) Purposes of conveners. A Council or NMFS may use the services of 
a trained convener to assist the Council or NMFS in: (1) Conducting 
discussions to identify the issues of concern, and to ascertain whether 
the establishment of an FNP regarding such matter is feasible and 
appropriate.
    (2) Identifying persons who will be significantly affected by the 
issues presented in paragraph (a)(1) of this section.
    (b) Duties of conveners. The convener shall report findings under 
paragraph (a)(2) of this section and shall make recommendations to the 
Council or NMFS. Upon request of the Council or NMFS, the convener shall 
ascertain the names of persons who are willing and qualified to 
represent interests that will be significantly affected by the potential 
conservation and management measures relevant to the issues to be 
negotiated. The report and any recommendations of the convener shall be 
made available to the public upon request.
    (c) Selection of facilitator. Notwithstanding section 10(e) of the 
Federal Advisory Committee Act (FACA), a Council or NMFS may nominate a 
person trained in facilitation either from the Federal Government or 
from outside the Federal Government to serve as an impartial, neutral 
facilitator for the negotiations of the FNP, subject to the approval of 
the FNP, by consensus. The facilitator may be the same person as the 
convener used under paragraph (a) of this section. If the FNP does not 
approve the nominee of the Council or NMFS for facilitator, the FNP 
shall submit a substitute nomination. If an FNP does not approve any 
nominee of the Council or NMFS for facilitator, the FNP shall select, by 
consensus, a person to serve as facilitator. A person designated to 
represent the Council or NMFS in substantive issues may not serve as 
facilitator or otherwise chair the FNP.
    (d) Roles and duties of facilitator. A facilitator shall:
    (1) Chair the meetings of the FNP in an impartial manner.
    (2) Impartially assist the members of the FNP in conducting 
discussions and negotiations.
    (3) Manage the keeping of minutes and records as required under 
section 10(b) and (c) of FACA.



Sec. 600.753  Notice of intent to establish a fishery negotiation panel.

    (a) Publication of notice. If, after considering the report of a 
convener or conducting its own assessment, a Council or NMFS decides to 
establish an FNP, NMFS shall publish in the Federal Register and, as 
appropriate, in trade or other specialized publications, a document that 
shall include:
    (1) An announcement that the Council or NMFS intends to establish an 
FNP to negotiate and develop a report concerning specific conservation 
and management measures.

[[Page 91]]

    (2) A description of the subject and scope of the conservation and 
management measure, and the issues to be considered.
    (3) A list of the interests that are likely to be significantly 
affected by the conservation and management measure.
    (4) A list of the persons proposed to represent such interests and 
the person or persons proposed to represent the Council or NMFS.
    (5) A proposed agenda and schedule for completing the work of the 
FNP.
    (6) A description of administrative support for the FNP to be 
provided by the Council or NMFS, including technical assistance.
    (7) A solicitation for comments on the proposal to establish the 
FNP, and the proposed membership of the FNP.
    (8) An explanation of how a person may apply or nominate another 
person for membership on the FNP, as provided under paragraph (b) of 
this section.
    (b) Nomination of members and public comment. Persons who may be 
significantly affected by the development of conservation and management 
measure and who believe that their interests will not be adequately 
represented by any person specified in a document under paragraph (a)(4) 
of this section may apply for, or nominate another person for, 
membership on the FNP to represent such interests. Each application or 
nomination shall include:
    (1) The name of the applicant or nominee and a description of the 
interests such person shall represent.
    (2) Evidence that the applicant or nominee is authorized to 
represent parties related to the interests the person proposes to 
represent.
    (3) A written commitment that the applicant or nominee shall 
actively participate in good faith in the development of the 
conservation and management measure under consideration.
    (4) The reasons that the persons specified in the document under 
paragraph (a)(4) of this section do not adequately represent the 
interests of the person submitting the application or nomination.
    (c) Public comment. The Council or NMFS shall provide at least 30 
calendar days for the submission of comments and applications under this 
section.



Sec. 600.754  Decision to establish a fishery negotiation panel.

    (a) Determination to establish an FNP. If, after considering 
comments and applications submitted under Sec. 600.753, the Council or 
NMFS determines that an FNP can adequately represent the interests that 
will be significantly affected and that it is feasible and appropriate 
in the particular case, the Council or NMFS may establish an FNP.
    (b) Determination not to establish FNP. If, after considering such 
comments and applications, the Council or NMFS decides not to establish 
an FNP, the Council or NMFS shall promptly publish notification of such 
decision and the reasons therefor in the Federal Register and, as 
appropriate, in trade or other specialized publications, a copy of which 
shall be sent to any person who applied for, or nominated another person 
for membership on the FNP to represent such interests with respect to 
the issues of concern.



Sec. 600.755  Establishment of a fishery negotiation panel.

    (a) General authority. (1) A Council may establish an FNP to assist 
in the development of specific conservation and management measures for 
a fishery under its authority.
    (2) NMFS may establish an FNP to assist in the development of 
specific conservation and management measures required for:
    (i) A fishery for which the Secretary has authority under section 
304(e)(5) of the Magnuson-Stevens Act, regarding rebuilding of 
overfished fisheries;
    (ii) A fishery for which the Secretary has authority under 16 U.S.C. 
section 304(g), regarding highly migratory species; or
    (iii) Any fishery with the approval of the appropriate Council.
    (b) Federal Advisory Committee Act (FACA) In establishing and 
administering such an FNP, the Council or NMFS shall comply with the 
FACA with respect to such FNP.
    (c) Balance. Each potentially affected organization or individual 
does not necessarily have to have its own representative, but each 
interest must be

[[Page 92]]

adequately represented. The intent is to have a group that as a whole 
reflects a proper balance and mix of interests. Representatives must 
agree, in writing, to negotiate in good faith.
    (d) Membership. The Council or NMFS shall limit membership on an FNP 
to no more than 25 members, unless the Council or NMFS determines that a 
greater number of members is necessary for the functioning of the FNP or 
to achieve balanced membership. Each FNP shall include at least one 
person representing the Council in addition to at least one person 
representing NMFS.



Sec. 600.756  Conduct and operation of a fishery negotiation panel.

    (a) Roles and duties of an FNP. Each FNP shall consider the issue 
proposed by the Council or NMFS for consideration and shall attempt to 
reach a consensus concerning a report to assist in the development of a 
conservation and management measure with respect to such matter and any 
other matter the FNP determines is relevant to the development of a 
conservation and management measure. An FNP may adopt procedures for the 
operation of the FNP.
    (b) Roles and duties of representative of the council or NMFS. The 
person or persons representing the Council or NMFS on an FNP shall 
participate in the deliberations and activities of the FNP with the same 
rights and responsibilities as other members of the FNP, and shall be 
authorized to fully represent the Council or NMFS in the discussions and 
negotiations of the FNP.



Sec. 600.757  Operational protocols.

    (a) Services of conveners and facilitators. A Council or NMFS may 
employ or enter into contracts for the services of an individual or 
organization to serve as a convener or facilitator for an FNP 
established under Sec. 600.755, or may use the services of a government 
employee to act as a convener or a facilitator for such an FNP.
    (b) Councils. For an FNP proposed and established by one or more 
Councils approved expenses shall be paid out of the Council's operating 
budget.
    (c) Expenses of FNP members. Members of an FNP shall be responsible 
for their own expenses of participation in such an FNP, except that NMFS 
or the Council may, in accordance with section 7(d) of FACA, pay for a 
member's reasonable travel and per diem expenses, and a reasonable rate 
of compensation, if:
    (1) Such member certifies a lack of adequate financial resources to 
participate in the FNP.
    (2) The Council or NMFS determines that such member's participation 
in the FNP is necessary to assure an adequate representation of the 
member's interest.
    (d) Administrative support. The Council or NMFS shall provide 
appropriate administrative support to an FNP including technical 
assistance.



Sec. 600.758  Preparation of report.

    (a) At the conclusion of the negotiations, an FNP may submit a 
report. Such report shall specify:
    (1) All the areas where consensus was reached by the FNP, including, 
if appropriate, proposed conservation and management measures.
    (2) Any other information submitted by members of the FNP.
    (b) Upon receipt of the report, the Council or NMFS shall publish 
such report in the Federal Register for public comment.



Sec. 600.759  Use of report.

    A Council or NMFS may, at its discretion, use all or a part of a 
report prepared in accordance with Sec. 600.758 in the development of 
conservation and management measures. Neither a Council nor NMFS, 
whichever is appropriate, is required to use such report.



Sec. 600.760  Fishery Negotiation Panel lifetime.

    (a) An FNP shall terminate upon either:
    (1) Submission of a report prepared in accordance with Sec. 600.758; 
or
    (2) Submission of a written statement from the FNP to the Council or 
NMFS that no consensus can be reached.

[[Page 93]]

    (b) In no event shall an FNP exist for longer than 1 year from the 
date of establishment unless granted an extension. Upon written request 
by the FNP to the Council or NMFS, and written authorization from the 
Council or NMFS (whichever is appropriate), the Secretary may authorize 
an extension for a period not to exceed 6 months. No more than one 
extension may be granted per FNP.



                 Subpart J--Essential Fish Habitat (EFH)

    Source: 62 FR 66551, Dec. 19, 1997, unless otherwise noted.



Sec. 600.805  Purpose and scope.

    (a) Purpose. This subpart provides guidelines for Councils and the 
Secretary to use in adding the required provision on EFH to an FMP, 
i.e., description and identification of essential fish habitat (EFH), 
adverse impacts on EFH (including minimizing, to the extent practicable, 
adverse impacts from fishing), and actions to conserve and enhance EFH.
    (b) Scope--(1) Species covered. An EFH provision in an FMP must 
include all fish species in the FMU. A Council may describe, identify, 
and protect the habitat of species not in an FMU; however, such habitat 
may not be considered EFH for the purposes of sections 303(a)(7) and 
305(b) of the Magnuson-Stevens Act.
    (2) Geographic. EFH may be described and identified in waters of the 
United States, as defined in 33 CFR 328.3 and the exclusive economic 
zone, as defined in Sec. 600.10. Councils may describe, identify, and 
protect habitats of managed species beyond the exclusive economic zone; 
however, such habitat may not be considered EFH for the purposes of 
section 303(a)(7) and 305(b) of the Magnuson-Stevens Act. Activities 
that may adversely impact such habitat can be addressed through any 
process conducted in accordance with international agreements between 
the United States and the foreign nation(s) undertaking or authorizing 
the action.



Sec. 600.810  Definitions and word usage.

    (a) Definitions. In addition to the definitions in the Magnuson-
Stevens Act and Sec. 600.10, the terms in this subpart have the 
following meanings:
    Adverse effect means any impact which reduces quality and/or 
quantity of EFH. Adverse effects may include direct (e.g., contamination 
or physical disruption), indirect (e.g., loss of prey, or reduction in 
species' fecundity), site-specific or habitat-wide impacts, including 
individual, cumulative, or synergistic consequences of actions.
    Council includes the Secretary, as applicable, when preparing 
Secretarial FMPs or amendments under sections 304(c) and (g) of the 
Magnuson-Stevens Act.
    Ecosystem means communities of organisms interacting with one 
another and with the chemical and physical factors making up their 
environment.
    Habitat areas of particular concern means those areas of EFH 
identified pursuant to Sec. 600.815(a)(9).
    Healthy ecosystem means an ecosystem where ecological productive 
capacity is maintained, diversity of the flora and fauna is preserved, 
and the ecosystem retains the ability to regulate itself. Such an 
ecosystem should be similar to comparable, undisturbed, ecosystems with 
regard to standing crop, productivity, nutrient dynamics, trophic 
structure, species richness, stability, resilience, contamination 
levels, and the frequency of diseased organisms.
    Overfished means any stock or stock complex, the status of which is 
reported as overfished by the Secretary pursuant to Sec. 304(e)(1) of 
the Magnuson-Stevens Act.
    (b) Word usage. The terms ``must'', ``shall'', ``should'', ``may'', 
``may not'', ``will'', ``could'', and ``can'', are used in the same 
manner as in Sec. 600.305(c).



Sec. 600.815  Contents of Fishery Management Plans.

    (a) Mandatory contents--(1) Habitat requirements by life history 
stage. FMPs must describe EFH in text and with tables that provide 
information on the biological requirements for each life history stage 
of the species. These tables should summarize all available information 
on environmental and habitat variables that control or limit 
distribution, abundance, reproduction, growth, survival, and 
productivity of

[[Page 94]]

the managed species. Information in the tables should be supported with 
citations.
    (2) Description and identification of EFH--(i) Information 
requirements. (A) An initial inventory of available environmental and 
fisheries data sources relevant to the managed species should be used in 
describing and identifying EFH. This inventory should also help to 
identify major species-specific habitat data gaps. Deficits in data 
availability (i.e., accessibility and application of the data) and in 
data quality (including considerations of scale and resolution; 
relevance; and potential biases in collection and interpretation) should 
be identified.
    (B) To identify EFH, basic information is needed on current and 
historic stock size, the geographic range of the managed species, the 
habitat requirements by life history stage, and the distribution and 
characteristics of those habitats. Information is also required on the 
temporal and spatial distribution of each major life history stage 
(defined by developmental and functional shifts). Since EFH should be 
identified for each major life history stage, data should be collected 
on, but not limited to, the distribution, density, growth, mortality, 
and production of each stage within all habitats occupied, or formerly 
occupied, by the species. These data should be obtained from the best 
available information, including peer-reviewed literature, data reports 
and ``gray'' literature, data files of government resource agencies, and 
any other sources of quality information.
    (C) The following approach should be used to gather and organize the 
data necessary for identifying EFH. Information from all levels should 
be used to identify EFH. The goal of this procedure is to include as 
many levels of analysis as possible within the constraints of the 
available data. Councils should strive to obtain data sufficient to 
describe habitat at the highest level of detail (i.e., Level 4).
    (1) Level 1: Presence/absence distribution data are available for 
some or all portions of the geographic range of the species. At this 
level, only presence/absence data are available to describe the 
distribution of a species (or life history stage) in relation to 
potential habitats. Care should be taken to ensure that all potential 
habitats have been sampled adequately. In the event that distribution 
data are available for only portions of the geographic area occupied by 
a particular life history stage of a species, EFH can be inferred on the 
basis of distributions among habitats where the species has been found 
and on information about its habitat requirements and behavior.
    (2) Level 2: Habitat-related densities of the species are available. 
At this level, quantitative data (i.e., density or relative abundance) 
are available for the habitats occupied by a species or life history 
stage. Because the efficiency of sampling methods is often affected by 
habitat characteristics, strict quality assurance criteria should be 
used to ensure that density estimates are comparable among methods and 
habitats. Density data should reflect habitat utilization, and the 
degree that a habitat is utilized is assumed to be indicative of habitat 
value. When assessing habitat value on the basis of fish densities in 
this manner, temporal changes in habitat availability and utilization 
should be considered.
    (3) Level 3: Growth, reproduction, or survival rates within habitats 
are available. At this level, data are available on habitat-related 
growth, reproduction, and/or survival by life history stage. The 
habitats contributing the most to productivity should be those that 
support the highest growth, reproduction, and survival of the species 
(or life history stage).
    (4) Level 4: Production rates by habitat are available. At this 
level, data are available that directly relate the production rates of a 
species or life history stage to habitat type, quantity, quality, and 
location. Essential habitats are those necessary to maintain fish 
production consistent with a sustainable fishery and the managed 
species' contribution to a healthy ecosystem.
    (ii) EFH determination. (A) The information obtained through the 
analysis in paragraph (a)(2)(i) of this section will allow Councils to 
assess the relative value of habitats. Councils should interpret this 
information in a risk-averse fashion, to ensure adequate

[[Page 95]]

areas are protected as EFH of managed species. Level 1 information, if 
available, should be used to identify the geographic range of the 
species. Level 2 through 4 information, if available, should be used to 
identify the habitats valued most highly within the geographic range of 
the species. If only Level 1 information is available, presence/absence 
data should be evaluated (e.g., using a frequency of occurrence or other 
appropriate analysis) to identify those habitat areas most commonly used 
by the species. Areas so identified should be considered essential for 
the species. However, habitats of intermediate and low value may also be 
essential, depending on the health of the fish population and the 
ecosystem. Councils must demonstrate that the best scientific 
information available was used in the identification of EFH, consistent 
with national standard 2, but other data may also be used for the 
identification.
    (B) If a species is overfished, and habitat loss or degradation may 
be contributing to the species being identified as overfished, all 
habitats currently used by the species should be considered essential in 
addition to certain historic habitats that are necessary to support 
rebuilding the fishery and for which restoration is technologically and 
economically feasible. Once the fishery is no longer considered 
overfished, the EFH identification should be reviewed, and the FMP 
amended, if appropriate.
    (C) EFH will always be greater than or equal to aquatic areas that 
have been identified as ``critical habitat'' for any managed species 
listed as threatened or endangered under the Endangered Species Act.
    (D) Where a stock of a species is considered to be healthy, then EFH 
for the species should be a subset of all existing habitat for the 
species.
    (E) Ecological relationships among species and between the species 
and their habitat require, where possible, that an ecosystem approach be 
used in determining the EFH of a managed species or species assemblage. 
The extent of the EFH should be based on the judgment of the Secretary 
and the appropriate Council(s) regarding the quantity and quality of 
habitat that is necessary to maintain a sustainable fishery and the 
managed species' contribution to a healthy ecosystem.
    (F) If degraded or inaccessible aquatic habitat has contributed to 
the reduced yields of a species or assemblage, and in the judgment of 
the Secretary and the appropriate Council(s), the degraded conditions 
can be reversed through such actions as improved fish passage techniques 
(for fish blockages), improved water quality or quantity measures 
(removal of contaminants or increasing flows), and similar measures that 
are technologically and economically feasible, then EFH should include 
those habitats that would be essential to the species to obtain 
increased yields.
    (iii) EFH Mapping Requirements. The general distribution and 
geographic limits of EFH for each life history stage should be presented 
in FMPs in the form of maps. Ultimately, these data should be 
incorporated into a geographic information system (GIS) to facilitate 
analysis and presentation. These maps may be presented as fixed in time 
and space, but they should encompass all appropriate temporal and 
spatial variability in the distribution of EFH. If the geographic 
boundaries of EFH change seasonally, annually, or decadally, these 
changing distributions need to be represented in the maps. Different 
types of EFH should be identified on maps along with areas used by 
different life history stages of the species. The type of information 
used to identify EFH should be included in map legends, and more 
detailed and informative maps should be produced as more complete 
information about population responses (e.g., growth, survival, or 
reproductive rates) to habitat characteristics becomes available. Where 
the present distribution or stock size of a species or life history 
stage is different from the historical distribution or stock size, then 
maps of historical habitat boundaries should be included in the FMP, if 
known. The EFH maps are a means to visually present the EFH described in 
the FMP. If the maps identifying EFH and the information in the 
description of EFH differ, the description is ultimately determinative 
of the limits of EFH.

[[Page 96]]

    (3) Fishing activities that may adversely affect EFH. (i) Adverse 
effects from fishing may include physical, chemical, or biological 
alterations of the substrate, and loss of, or injury to, benthic 
organisms, prey species and their habitat, and other components of the 
ecosystem.
    (ii) FMPs must include management measures that minimize adverse 
effects on EFH from fishing, to the extent practicable, and identify 
conservation and enhancement measures. The FMP must contain an 
assessment of the potential adverse effects of all fishing equipment 
types used in waters described as EFH. This assessment should consider 
the relative impacts of all fishing equipment types used in EFH on 
different types of habitat found within EFH. Special consideration 
should be given to equipment types that will affect habitat areas of 
particular concern. In completing this assessment, Councils should use 
the best scientific information available, as well as other appropriate 
information sources, as available. Included in this assessment should be 
consideration of the establishment of research closure areas and other 
measures to evaluate the impact of any fishing activity that physically 
alters EFH.
    (iii) Councils must act to prevent, mitigate, or minimize any 
adverse effects from fishing, to the extent practicable, if there is 
evidence that a fishing practice is having an identifiable adverse 
effect on EFH, based on the assessment conducted pursuant to paragraph 
(a)(3)(ii) of this section and/or the cumulative impacts analysis 
conducted pursuant to paragraph (a)(6)(ii) of this section.
    (iv) In determining whether it is practicable to minimize an adverse 
effect from fishing, Councils should consider whether, and to what 
extent, the fishing activity is adversely impacting EFH, including the 
fishery; the nature and extent of the adverse effect on EFH; and whether 
the management measures are practicable, taking into consideration the 
long and short-term costs as well as benefits to the fishery and its 
EFH, along with other appropriate factors, consistent with national 
standard 7.
    (4) Options for managing adverse effects from fishing. Fishery 
management options may include, but are not limited to:
    (i) Fishing equipment restrictions. These options may include, but 
are not limited to: Seasonal and area restrictions on the use of 
specified equipment; equipment modifications to allow escapement of 
particular species or particular life stages (e.g., juveniles); 
prohibitions on the use of explosives and chemicals; prohibitions on 
anchoring or setting equipment in sensitive areas; and prohibitions on 
fishing activities that cause significant physical damage in EFH.
    (ii) Time/area closures. These actions may include, but are not 
limited to: Closing areas to all fishing or specific equipment types 
during spawning, migration, foraging, and nursery activities; and 
designating zones for use as marine protected areas to limit adverse 
effects of fishing practices on certain vulnerable or rare areas/
species/life history stages, such as those areas designated as habitat 
areas of particular concern.
    (iii) Harvest limits. These actions may include, but are not limited 
to, limits on the take of species that provide structural habitat for 
other species assemblages or communities, and limits on the take of prey 
species.
    (5) Identification of Non-fishing related activities that may 
adversely affect EFH. FMPs must identify activities that have the 
potential to adversely affect EFH quantity or quality, or both. Broad 
categories of activities which can adversely affect EFH include, but are 
not limited to: Dredging, fill, excavation, mining, impoundment, 
discharge, water diversions, thermal additions, actions that contribute 
to non-point source pollution and sedimentation, introduction of 
potentially hazardous materials, introduction of exotic species, and the 
conversion of aquatic habitat that may eliminate, diminish, or disrupt 
the functions of EFH. An FMP should describe the EFH most likely to be 
adversely affected by these or other activities. For each activity, the 
FMP should describe known and potential adverse impacts to EFH. The 
descriptions should explain the mechanisms or processes that may

[[Page 97]]

cause the adverse effects and how these may affect habitat function. A 
GIS or other mapping system should be used to support analyses of data. 
Maps geographically depicting impacts identified in this paragraph 
should be included in an FMP.
    (6) Cumulative impacts analysis--(i) Analysis. To the extent 
feasible and practicable, FMPs should analyze how fishing and non-
fishing activities influence habitat function on an ecosystem or 
watershed scale. This analysis should describe the ecosystem or 
watershed, the dependence of the managed species on the ecosystem or 
watershed, especially EFH; and how fishing and non-fishing activities, 
individually or in combination, impact EFH and the managed species, and 
how the loss of EFH may affect the ecosystem. An assessment of the 
cumulative and synergistic effects of multiple threats, including the 
effects of natural stresses (such as storm damage or climate-based 
environmental shifts), and an assessment of the ecological risks 
resulting from the impact of those threats on the managed species' 
habitat should also be included. For the purposes of this analysis, 
cumulative impacts are impacts on the environment that result from the 
incremental impact of an action when added to other past, present, and 
reasonably foreseeable future actions, regardless of who undertakes such 
actions. Cumulative impacts can result from individually minor, but 
collectively significant actions taking place over a period of time.
    (ii) Cumulative impacts from fishing. In addressing the impacts of 
fishing on EFH, Councils should also consider the cumulative impacts of 
multiple fishing practices and non-fishing activities on EFH, 
especially, on habitat areas of particular concern. Habitats that are 
particularly vulnerable to specific fishing equipment types should be 
identified for possible designation as habitat areas of particular 
concern.
    (iii) Mapping cumulative impacts. A GIS or other mapping system 
should be used to support analyses of data. Maps depicting data 
documenting cumulative impacts identified in this paragraph should be 
included in an FMP.
    (iv) Research needs. If completion of these analyses is not feasible 
or practicable for every ecosystem or watershed within an area 
identified as EFH, Councils should, in consultation with NMFS, identify 
in the FMP priority research areas to allow these analyses to be 
completed. Councils should include a schedule for completing such 
research. Such schedule of priority research areas should be combined 
with the research needs identified pursuant to paragraph (a)(10) of this 
section.
    (7) Conservation and enhancement--(i) Contents of FMPs. FMPs must 
describe options to avoid, minimize, or compensate for the adverse 
effects identified pursuant to paragraphs (a) (5) and (6) of this 
section and promote the conservation and enhancement of EFH, especially 
in habitat areas of particular concern.
    (ii) General conservation and enhancement recommendations. 
Generally, non-water dependent actions should not be located in EFH if 
such actions may have adverse impacts on EFH. Activities that may result 
in significant adverse affects on EFH, should be avoided where less 
environmentally harmful alternatives are available. If there are no 
alternatives, the impacts of these actions should be minimized. 
Environmentally sound engineering and management practices should be 
employed for all actions which may adversely affect EFH. Disposal or 
spillage of any material (dredge material, sludge, industrial waste, or 
other potentially harmful materials) which would destroy or degrade EFH 
should be avoided. If avoidance or minimization is not possible, or will 
not adequately protect EFH, compensatory mitigation to conserve and 
enhance EFH should be recommended. FMPs may recommend proactive measures 
to conserve or enhance EFH. When developing proactive measures, Councils 
may develop a priority ranking of the recommendations to assist Federal 
and state agencies undertaking such measures.
    (iii) Conservation and enhancement options. FMPs should provide a 
variety of options to conserve or enhance EFH, which may include, but 
are not limited to:

[[Page 98]]

    (A) Enhancement of rivers, streams, and coastal areas. EFH located 
in, or influenced by, rivers, streams, and coastal areas may be enhanced 
by reestablishing endemic trees or other appropriate native vegetation 
on adjacent riparian areas; restoring natural bottom characteristics; 
removing unsuitable material from areas affected by human activities; or 
adding gravel or substrate to stream areas to promote spawning. Adverse 
effects stemming from upland areas that influence EFH may be avoided or 
minimized by employing measures such as, but not limited to, erosion 
control, road stabilization, upgrading culverts, removal or modification 
of operating procedures of dikes or levees to allow for fish passage, 
structural and operation measures at dams for fish passage and habitat 
protection, or improvement of watershed management. Initiation of 
Federal, state, or local government planning processes to restore 
watersheds associated with such rivers, streams, or coastal areas may 
also be recommended.
    (B) Water quality and quantity. This category of options may include 
use of best land management practices for ensuring compliance with water 
quality standards at state and Federal levels, improved treatment of 
sewage, proper disposal of waste materials, and providing appropriate 
in-stream flow.
    (C) Watershed analysis and planning. This may include encouraging 
local and state efforts to minimize destruction/degradation of wetlands, 
restore and maintain the ecological health of watersheds, and encourage 
restoration of native species. Any analysis of options should consider 
natural variability in weather or climatic conditions.
    (D) Habitat creation. Under appropriate conditions, habitat creation 
(converting non-EFH to EFH) may be considered as a means of replacing 
lost or degraded EFH. However, habitat conversion at the expense of 
other naturally functioning systems must be justified within an 
ecosystem context.
    (8) Prey species. Loss of prey is an adverse effect on EFH and a 
managed species, because one component of EFH is that it be necessary 
for feeding. Therefore, actions that reduce the availability of a major 
prey species, either through direct harm or capture, or through adverse 
impacts to the prey species' habitat that are known to cause a reduction 
in the population of the prey species may be considered adverse effects 
on a managed species and its EFH. FMPs should identify the major prey 
species for the species in the FMU and generally describe the location 
of prey species' habitat. Actions that cause a reduction of the prey 
species population, including where there exists evidence that adverse 
effects to habitat of prey species is causing a decline in the 
availability of the prey species, should also be described and 
identified. Adverse effects on prey species and their habitats may 
result from fishing and non-fishing activities.
    (9) Identification of habitat areas of particular concern. FMPs 
should identify habitat areas of particular concern within EFH. In 
determining whether a type, or area of EFH is a habitat area of 
particular concern, one or more of the following criteria must be met:
    (i) The importance of the ecological function provided by the 
habitat.
    (ii) The extent to which the habitat is sensitive to human-induced 
environmental degradation.
    (iii) Whether, and to what extent, development activities are, or 
will be, stressing the habitat type.
    (iv) The rarity of the habitat type.
    (10) Research and information needs. Each FMP should contain 
recommendations, preferably in priority order, for research efforts that 
the Councils and NMFS view as necessary for carrying out their EFH 
management mandate. The need for additional research is to make 
available sufficient information to support a higher level of 
description and identification of EFH under paragraph (a)(2)(i) of this 
section. Additional research may also be necessary to identify and 
evaluate actual and potential adverse effects on EFH, including, but not 
limited to, direct physical alteration; impaired habitat quality/
functions; cumulative impacts from fishing; or indirect adverse effects 
such as sea level rise, global warming and climate shifts; and non-
equipment related fishery impacts. The Magnuson-Stevens Act specifically 
identifies the effects of fishing as a

[[Page 99]]

concern. The need for additional research on the effects of fishing 
equipment on EFH and a schedule for obtaining that information should be 
included in this section of the FMP. If an adverse effect on EFH is 
identified and determined to be an impediment to maintaining a 
sustainable fishery and the managed species' contribution to a healthy 
ecosystem, then the research needed to quantify and mitigate that effect 
should be identified in this section.
    (11) Review and revision of EFH components of FMPs. Councils and 
NMFS should periodically review the EFH components of FMPs, including an 
update of the equipment assessment originally conducted pursuant to 
paragraph (a)(3)(ii) of this section. Each EFH FMP amendment should 
include a provision requiring review and update of EFH information and 
preparation of a revised FMP amendment if new information becomes 
available. The schedule for this review should be based on an assessment 
of both the existing data and expectations when new data will become 
available. This information should be reviewed as part of the annual 
Stock Assessment and Fishery Evaluation (SAFE) report prepared pursuant 
to Sec. 600.315(e). A complete review of information should be conducted 
as recommended by the Secretary, but at least once every 5 years.
    (b) Optional components. An FMP may include a description and 
identification of the habitat of species under the authority of the 
Council, even if not contained in the FMU. However, such habitat may not 
be EFH. This subpart does not change a Council's ability to implement 
management measures for a managed species for the protection of another 
species.
    (c) Development of EFH recommendations. After reviewing the best 
available scientific information, as well as other appropriate 
information, and in consultation with the Councils, participants in the 
fishery, interstate commissions, Federal agencies, state agencies, and 
other interested parties, NMFS will develop written recommendations for 
the identification of EFH for each FMP. In recognition of the different 
approaches to FMP development taken by each Council, the NMFS EFH 
recommendations may constitute a review of a draft EFH document 
developed by a Council, or may include suggestions for a draft EFH FMP 
amendment and may precede the Council's development of such documents, 
as appropriate. In both cases, prior to submitting a written EFH 
identification recommendation to a Council for an FMP, the draft 
recommendation will be made available for public review and at least one 
public meeting will be held. NMFS will work with the affected Council(s) 
to conduct this review in association with scheduled public Council 
meetings whenever possible. The review may be conducted at a meeting of 
the Council committee responsible for habitat issues or as a part of a 
full Council meeting. After receiving public comment, NMFS will revise 
its draft recommendations, as appropriate, and forward a final written 
recommendation and comments to the Council(s).
    (d) Relationship to other fishery management authorities. Councils 
are encouraged to coordinate with state and interstate fishery 
management agencies where Federal fisheries affect state and interstate 
managed fisheries or where state or interstate fishery regulations 
affect the management of Federal fisheries. Where a state or interstate 
fishing activity adversely impacts EFH, NMFS will consider that action 
to be an adverse effect on EFH pursuant to paragraph (a)(5) of this 
section and will provide EFH conservation recommendations to the 
appropriate state or interstate fishery management agency on that 
activity.



     Subpart K--EFH Coordination, Consultation, and Recommendations

    Source: 62 FR 66555, Dec. 19, 1997, unless otherwise noted.



Sec. 600.905  Purpose and scope and NMFS/Council cooperation.

    (a) Purpose. These procedures address the coordination, 
consultation, and recommendation requirements of sections 305(b)(1)(D) 
and 305(b)(2-4) of the Magnuson-Stevens Act. The purpose of these 
procedures is to promote the protection of EFH in the review of Federal

[[Page 100]]

and state actions that may adversely affect EFH.
    (b) Scope. Section 305(b)(1)(D) of the Magnuson-Stevens Act requires 
the Secretary to coordinate with, and provide information to, other 
Federal agencies regarding the conservation and enhancement of EFH. 
Section 305(b)(2) requires all Federal agencies to consult with the 
Secretary on all actions, or proposed actions, authorized, funded, or 
undertaken by the agency, that may adversely affect EFH. Sections 305(b) 
(3) and (4) direct the Secretary and the Councils to provide comments 
and EFH conservation recommendations to Federal or state agencies on 
actions that affect EFH. Such recommendations may include measures to 
avoid, minimize, mitigate, or otherwise offset adverse effects on EFH 
resulting from actions or proposed actions authorized, funded, or 
undertaken by that agency. Section 305(b)(4)(B) requires Federal 
agencies to respond in writing to such comments. The following 
procedures for coordination, consultation, and recommendations allow all 
parties involved to understand and implement the requirements of the 
Magnuson-Stevens Act.
    (c) Cooperation between Councils and NMFS. The Councils and NMFS 
should cooperate as closely as possible to identify actions that may 
adversely affect EFH, to develop comments and EFH conservation 
recommendations to Federal and state agencies, and to provide EFH 
information to Federal or state agencies. The Secretary will seek to 
develop agreements with each Council to facilitate sharing information 
on actions that may adversely affect EFH and in coordinating Council and 
NMFS comments and recommendations on those actions. However, NMFS and 
the Councils also have the authority to act independently.



Sec. 600.910  Definitions and word usage.

    (a) Definitions. In addition to the definitions in the Magnuson-
Stevens Act and Sec. 600.10, the terms in this subpart have the 
following meanings:
    Adverse effect means any impact which reduces quality and/or 
quantity of EFH. Adverse effects may include direct (e.g., contamination 
or physical disruption), indirect (e.g., loss of prey, reduction in 
species' fecundity), site-specific or habitatwide impacts, including 
individual, cumulative, or synergistic consequences of actions.
    Council includes the Secretary, as applicable, when preparing FMPs 
or amendments under section 304 (c) and (g) of the Magnuson-Stevens Act; 
and when commenting and making recommendations under the authority of 
section 305(b)(3) of the Magnuson-Stevens Act to any Federal or state 
agency on actions that may affect the habitat of fishery resources 
managed under such FMPs.
    Federal action means any action authorized, funded, or undertaken, 
or proposed to be authorized, funded, or undertaken by a Federal agency.
    Habitat areas of particular concern means those areas of EFH 
identified pursuant to Sec. 600.815(a)(9).
    State action means any action authorized, funded, or undertaken, or 
proposed to be authorized, funded, or undertaken by a state agency.
    (b) Word usage. The terms ``must'', ``shall'', ``should'', ``may'', 
``may not'', ``will'', ``could'', and ``can'', are used in the same 
manner as in Sec. 600.305(c).



Sec. 600.915  Coordination for the conservation and enhancement of EFH.

    To further the conservation and enhancement of EFH in accordance 
with section 305(b)(1)(D) of the Magnuson-Stevens Act, NMFS will compile 
and make available to other Federal and state agencies, information on 
the locations of EFH, including maps and/or narrative descriptions. NMFS 
will also provide information on ways to improve ongoing Federal 
operations to promote the conservation and enhancement of EFH. Federal 
and state agencies empowered to authorize, fund, or undertake actions 
that may adversely affect EFH are encouraged to contact NMFS and the 
Councils to become familiar with areas designated as EFH, and potential 
threats to EFH, as well as opportunities to promote the conservation and 
enhancement of such habitat.

[[Page 101]]



Sec. 600.920  Federal agency consultation with the Secretary.

    (a) Consultation generally--(1) Actions requiring consultation. 
Pursuant to section 305(b)(2) of the Magnuson-Stevens Act, Federal 
agencies must consult with NMFS regarding any of their actions 
authorized, funded, or undertaken, or proposed to be authorized, funded, 
or undertaken that may adversely affect EFH. EFH consultation is not 
required for completed actions, e.g., issued permits. Consultation is 
required for renewals, reviews, or substantial revisions of actions. 
Consultation on Federal programs delegated to non-Federal entities is 
required at the time of delegation, review, and renewal of the 
delegation. EFH consultation is required for any Federal funding of 
actions that may adversely affect EFH. NMFS and Federal agencies 
responsible for funding actions that may adversely affect EFH should 
consult on a programmatic level, if appropriate, with respect to these 
actions.
    (2) Appropriate level of consultation. (i) NMFS and other Federal 
agencies may conduct consultation at either a programmatic or project-
specific level. Federal actions may be evaluated at a programmatic level 
if sufficient information is available to develop EFH conservation 
recommendations and address all reasonably foreseeable adverse effects 
to EFH. Project-specific consultations are more appropriate when 
critical decisions are made at the project implementation stage, or when 
sufficiently detailed information for the development of EFH 
conservation recommendations does not exist at the programmatic level.
    (ii) If, after a Federal agency requests programmatic consultation, 
NMFS determines that all concerns about adverse effects on EFH can be 
addressed at a programmatic level, NMFS will develop EFH conservation 
recommendations that cover all projects implemented under that program, 
and no further EFH consultation will be required. Alternatively, NMFS 
may determine that project-specific consultation is needed for part or 
all of the program's activities, in which case NMFS may develop some EFH 
conservation recommendations at a programmatic level, but will also 
recommend that project-specific consultation will be needed to complete 
the EFH consultation requirements. NMFS may also determine that 
programmatic consultation is not appropriate, in which case all EFH 
conservation recommendations will be deferred to project-specific 
consultations.
    (b) Designation of lead agency. If more than one Federal agency is 
responsible for a Federal action, the consultation requirements of 
sections 305(b)(2-4) of the Magnuson-Stevens Act may be fulfilled 
through a lead agency. The lead agency must notify NMFS in writing that 
it is representing one or more additional agencies.
    (c) Designation of non-Federal representative. A Federal agency may 
designate a non-Federal representative to conduct an abbreviated 
consultation or prepare an EFH Assessment by giving written notice of 
such designation to NMFS. If a non-Federal representative is used, the 
Federal action agency remains ultimately responsible for compliance with 
sections 305(b)(2) and 305(b)(4) of the Magnuson-Stevens Act.
    (d) Best available information. The Federal action agency and NMFS 
must use the best scientific information available regarding the effects 
of the proposed action on EFH. Other appropriate sources of information 
may also be considered.
    (e) Use of existing consultation/environmental review procedures--
(1) Criteria. Consultation and commenting under sections 305(b)(2) and 
305(b)(4) of the Magnuson-Stevens Act should be consolidated, where 
appropriate, with interagency consultation, coordination, and 
environmental review procedures required by other statutes, such as the 
National Environmental Policy Act (NEPA), Fish and Wildlife Coordination 
Act, Clean Water Act, Endangered Species Act (ESA), and Federal Power 
Act. The consultation requirements of section 305(b)(2) of the Magnuson-
Stevens Act can be satisfied using existing or modified procedures 
required by other statutes if such processes meet the following 
criteria:
    (i) The existing process must provide NMFS with timely notification 
of actions that may adversely affect EFH.

[[Page 102]]

The Federal action agency should notify NMFS according to the same 
timeframes for notification (or for public comment) as in the existing 
process. However, NMFS should have at least 60 days notice prior to a 
final decision on an action, or at least 90 days if the action would 
result in substantial adverse impacts. NMFS and the action agency may 
agree to use shorter timeframes if they allow sufficient time for NMFS 
to develop EFH conservation recommendations.
    (ii) Notification must include an assessment of the impacts of the 
proposed action on EFH that meets the requirements for EFH Assessments 
contained in paragraph (g) of this section. If the EFH Assessment is 
contained in another document, that section of the document must be 
clearly identified as the EFH Assessment.
    (iii) NMFS must have made a finding pursuant to paragraph (e)(3) of 
this section that the existing process satisfies the requirements of 
section 305(b)(2) of the Magnuson-Stevens Act.
    (2) EFH conservation recommendation requirements. If an existing 
consultation process is used to fulfill the EFH consultation 
requirements, then the comment deadline for that process should apply to 
the submittal of NMFS conservation recommendations under section 
305(b)(4)(A) of the Magnuson-Stevens Act, unless a different deadline is 
agreed to by NMFS and the Federal agency. The Federal agency must 
respond to these recommendations within 30 days pursuant to section 
305(b)(4)(B) of the Magnuson-Stevens Act. NMFS may request the further 
review of any Federal agency decision that is inconsistent with a NMFS 
EFH recommendation, in accordance with paragraph (j)(2) of this section. 
If NMFS EFH conservation recommendations are combined with other NMFS or 
NOAA comments on a Federal action, such as NOAA comments on a draft 
Environmental Impact Statement, the EFH conservation recommendations 
shall be clearly identified as such (e.g., a section in the comment 
letter entitled ``EFH conservation recommendations'') and a response 
pursuant to section 305(b)(4)(B) of the Magnuson-Stevens Act is required 
for only the identified portion of the comments.
    (3) NMFS finding. A Federal agency with an existing consultation 
process should contact NMFS at the appropriate level (regional offices 
for regional processes, headquarters office for national processes) to 
discuss how the existing process, with or without modifications, can be 
used to satisfy the EFH consultation requirements. If, at the conclusion 
of these discussions, NMFS determines that the existing process meets 
the criteria of paragraph (e)(1) of this section, NMFS will make a 
finding that the existing or modified process can satisfy the EFH 
consultation requirements of the Magnuson-Stevens Act. If NMFS does not 
make such a finding, or if there are no existing consultation processes 
relevant to the Federal agency's actions, the action agency and NMFS 
should follow the consultation process in the following sections.
    (f) General Concurrence--(1) Purpose. The General Concurrence 
process identifies specific types of Federal actions that may adversely 
affect EFH, but for which no further consultation is generally required 
because NMFS has determined, through an analysis of that type of action, 
that it will likely result in no more than minimal adverse effects 
individually and cumulatively. General Concurrences may be national or 
regional in scope.
    (2) Criteria. (i) For Federal actions to qualify for General 
Concurrence, NMFS must determine, after consultation with the 
appropriate Council(s), that the actions meet all of the following 
criteria:
    (A) The actions must be similar in nature and similar in their 
impact on EFH.
    (B) The actions must not cause greater than minimal adverse effects 
on EFH when implemented individually.
    (C) The actions must not cause greater than minimal cumulative 
adverse effects on EFH.
    (ii) Actions qualifying for General Concurrence must be tracked to 
ensure that their cumulative effects are no more than minimal. In most 
cases, tracking will be the responsibility of the Federal action agency, 
but NMFS also may agree to track actions for

[[Page 103]]

which General Concurrence has been authorized. Tracking should include 
numbers of actions, amount of habitat adversely affected, type of 
habitat adversely affected, and the baseline against which the action 
will be tracked. The agency responsible for tracking such actions should 
make the information available to NMFS, the Councils, and to the public 
on an annual basis.
    (iii) Categories of Federal actions may also qualify for General 
Concurrence if they are modified by appropriate conditions that ensure 
the actions will meet the criteria in paragraph (f)(2)(i) of this 
section. For example, NMFS may provide General Concurrence for 
additional actions contingent upon project size limitations, seasonal 
restrictions, or other conditions.
    (iv) If a General Concurrence is developed for actions affecting 
habitat areas of particular concern, the General Concurrence should be 
subject to a higher level of scrutiny than a General Concurrence not 
involving a habitat area of particular concern.
    (3) General Concurrence development. A Federal agency may request a 
General Concurrence for a category of its actions by providing NMFS with 
a written description of the nature and approximate number of the 
proposed actions, an analysis of the effects of the actions on EFH and 
associated species and their life history stages, including cumulative 
effects, and the Federal agency's conclusions regarding the magnitude of 
such effects. If NMFS agrees that the actions fit the criteria in 
paragraph (f)(2) of this section, NMFS, after consultation with the 
appropriate Council(s), will provide the Federal agency with a written 
statement of General Concurrence that further consultation is not 
required, and that preparation of EFH Assessments for individual actions 
subject to the General Concurrence is not necessary. If NMFS does not 
agree that the actions fit the criteria in paragraph (f)(2) of this 
section, NMFS will notify the Federal agency that a General Concurrence 
will not be issued and that abbreviated or expanded consultation will be 
required. If NMFS identifies specific types of Federal actions that may 
meet the requirements for a General Concurrence, NMFS may initiate and 
complete a General Concurrence.
    (4) Notification and further consultation. NMFS may request 
notification for actions covered under a General Concurrence if NMFS 
concludes there are circumstances under which such actions could result 
in more than a minimal impact on EFH, or if it determines that there is 
not a process in place to adequately assess the cumulative impacts of 
actions covered under the General Concurrence. NMFS may require further 
consultation for these actions on a case-by case basis. Each General 
Concurrence should establish specific procedures for further 
consultation, if appropriate.
    (5) Public review. Prior to providing any Federal agency with a 
written statement of General Concurrence for a category of Federal 
actions, NMFS will provide an opportunity for public review through the 
appropriate Council(s), or other reasonable opportunity for public 
review.
    (6) Revisions. NMFS will periodically review and revise its findings 
of General Concurrence, as appropriate.
    (g) EFH Assessments--(1) Preparation requirement. For any Federal 
action that may adversely affect EFH, except for those activities 
covered by a General Concurrence, Federal agencies must provide NMFS 
with a written assessment of the effects of that action on EFH. Federal 
agencies may incorporate an EFH Assessment into documents prepared for 
other purposes such as ESA Biological Assessments pursuant to 50 CFR 
part 402 or NEPA documents and public notices pursuant to 40 CFR part 
1500. If an EFH Assessment is contained in another document, it must 
include all of the information required in paragraph (g)(2) of this 
section and be clearly identified as an EFH Assessment. The procedure 
for combining an EFH consultation with other consultation of 
environmental reviews is set forth in paragraph (e) of this section.
    (2) Mandatory contents. The assessment must contain:
    (i) A description of the proposed action.
    (ii) An analysis of the effects, including cumulative effects, of 
the proposed action on EFH, the managed species,

[[Page 104]]

and associated species, such as major prey species, including affected 
life history stages.
    (iii) The Federal agency's views regarding the effects of the action 
on EFH.
    (iv) Proposed mitigation, if applicable.
    (3) Additional information. If appropriate, the assessment should 
also include:
    (i) The results of an on-site inspection to evaluate the habitat and 
the site-specific effects of the project.
    (ii) The views of recognized experts on the habitat or species that 
may be affected.
    (iii) A review of pertinent literature and related information.
    (iv) An analysis of alternatives to the proposed action. Such 
analysis should include alternatives that could avoid or minimize 
adverse effects on EFH, particularly when an action is non-water 
dependent.
    (v) Other relevant information.
    (4) Incorporation by reference. The assessment may incorporate by 
reference a completed EFH Assessment prepared for a similar action, 
supplemented with any relevant new project specific information, 
provided the proposed action involves similar impacts to EFH in the same 
geographic area or a similar ecological setting. It may also incorporate 
by reference other relevant environmental assessment documents. These 
documents must be provided to NMFS with an EFH Assessment.
    (h) Abbreviated consultation procedures--(1) Purpose and criteria. 
Abbreviated consultation allows NMFS to quickly determine whether, and 
to what degree, a Federal action may adversely affect EFH. Federal 
actions that may adversely affect EFH should be addressed through the 
abbreviated consultation procedures when those actions do not qualify 
for a General Concurrence, but do not have the potential to cause 
substantial adverse effects on EFH. For example, the abbreviated 
consultation procedures should be used when the adverse effect(s) of an 
action or proposed action could be alleviated through minor 
modifications.
    (2) Notification by agency. The Federal agency should notify NMFS 
and, if NMFS so requests, the appropriate Council(s), in writing as 
early as practicable regarding proposed actions that may adversely 
affect EFH. Notification will facilitate discussion of measures to 
conserve the habitat. Such early consultation should occur during pre-
application planning for projects subject to a Federal permit or 
license, and during preliminary planning for projects to be funded or 
undertaken directly by a Federal agency.
    (3) Submittal of EFH Assessment. The Federal agency must submit a 
completed EFH Assessment, prepared in accordance with paragraph (g) of 
this section, to NMFS for review. Federal agencies will have fulfilled 
their consultation requirement under paragraph (a) of this section after 
notification and submittal of a complete EFH Assessment.
    (4) NMFS response to Federal agency. NMFS must respond in writing as 
to whether it concurs with the findings of the EFH Assessment. If NMFS 
believes that the proposed action may result in substantial adverse 
effects on EFH, or that additional analysis is needed to accurately 
assess the effects of the proposed action, NMFS will request that the 
Federal agency initiate expanded consultation. Such request will explain 
why NMFS believes expanded consultation is needed and will specify any 
new information needed. If additional consultation is not necessary, 
NMFS will respond by commenting and recommending measures that may be 
taken to conserve EFH, pursuant to section 305(b)(4)(A) of the Magnuson-
Stevens Act. NMFS will send a copy of its response to the appropriate 
Council.
    (5) Timing. The Federal action agency must submit its complete EFH 
Assessment to NMFS as soon as practicable, but NMFS must receive it at 
least 60 days prior to a final decision on the action. NMFS must respond 
in writing within 30 days. NMFS and the Federal action agency may agree 
to use a compressed schedule in cases where regulatory approvals or 
emergency situations cannot accommodate 30 days for consultation, or to 
conduct consultation earlier in the planning cycle for proposed actions 
with lengthy approval processes.

[[Page 105]]

    (i) Expanded consultation procedures--(1) Purpose and criteria. 
Expanded consultation allows maximum opportunity for NMFS and the 
Federal agency to work together in the review of the action's impacts on 
EFH and the development of EFH conservation recommendations. Expanded 
consultation procedures must be used for Federal actions that would 
result in substantial adverse effects to EFH. Federal agencies are 
encouraged to contact NMFS at the earliest opportunity to discuss 
whether the adverse effect of a proposed action makes expanded 
consultation appropriate.
    (2) Initiation. Expanded consultation begins when NMFS receives from 
the Federal agency an EFH Assessment completed in accordance with 
paragraph (g) of this section and a written request for expanded 
consultation. Federal action agencies are encouraged to provide in the 
EFH Assessment the additional information identified under paragraph 
(g)(3) of this section. Subject to NMFS's approval, any request for 
expanded consultation may encompass a number of similar individual 
actions within a given geographic area.
    (3) NMFS response to Federal agency. NMFS will:
    (i) Review the EFH Assessment, any additional information furnished 
by the Federal agency, and other relevant information.
    (ii) Conduct a site visit, if appropriate, to assess the quality of 
the habitat and to clarify the impacts of the Federal agency action. 
Such a site visit should be coordinated with the Federal agency and 
appropriate Council(s), if feasible.
    (iii) Coordinate its review of the proposed action with the 
appropriate Council(s).
    (iv) Discuss EFH conservation recommendations with the Federal 
agency and provide recommendations to the Federal action agency, 
pursuant to section 305(b)(4)(A) of the Magnuson-Stevens Act. NMFS will 
also provide a copy of the recommendations to the appropriate 
Council(s).
    (4) Timing. The Federal action agency must submit its complete EFH 
Assessment to NMFS as soon as practicable, but at least 90 days prior to 
a final decision on the action. NMFS must respond within 60 days of 
submittal of a complete EFH Assessment unless consultation is extended 
by agreement between NMFS and the Federal action agency. NMFS and 
Federal action agencies may agree to use a compressed schedule in cases 
where regulatory approvals or emergency situations cannot accommodate a 
60-day consultation period.
    (5) Extension of consultation. If NMFS determines that additional 
data or analysis would provide better information for development of EFH 
conservation recommendations, NMFS may request additional time for 
expanded consultation. If NMFS and the Federal action agency agree to an 
extension, the Federal action agency should provide the additional 
information to NMFS, to the extent practicable. If NMFS and the Federal 
action agency do not agree to extend consultation, NMFS must provide EFH 
conservation recommendations to the Federal action agency using the best 
scientific information available to NMFS.
    (j) Responsibilities of Federal action agency following receipt of 
EFH conservation recommendations--(1) Federal action agency response. As 
required by section 305(b)(4)(B) of the Magnuson-Stevens Act, the 
Federal action agency must provide a detailed response in writing to 
NMFS and the appropriate Council within 30 days after receiving an EFH 
conservation recommendation. Such a response must be provided at least 
10 days prior to final approval of the action, if a decision by the 
Federal agency is required in fewer than 30 days. The response must 
include a description of measures proposed by the agency for avoiding, 
mitigating, or offsetting the impact of the activity on EFH. In the case 
of a response that is inconsistent with NMFS conservation 
recommendations, the Federal action agency must explain its reasons for 
not following the recommendations, including the scientific 
justification for any disagreements with NMFS over the anticipated 
effects of the proposed action and the measures needed to avoid, 
minimize, mitigate, or offset such effects.

[[Page 106]]

    (2) Further review of decisions inconsistent with NMFS or Council 
recommendations. If a Federal action agency decision is inconsistent 
with a NMFS EFH conservation recommendation, the Assistant Administrator 
for Fisheries may request a meeting with the head of the Federal action 
agency, as well as any other agencies involved, to discuss the proposed 
action and opportunities for resolving any disagreements. If a Federal 
action agency decision is also inconsistent with a Council 
recommendation made pursuant to section 305(b)(3) of the Magnuson-
Stevens Act, the Council may request that the Assistant Administrator 
initiate further review of the Federal agency's decision and involve the 
Council in any interagency discussion to resolve disagreements with the 
Federal agency. The Assistant Administrator will make every effort to 
accommodate such a request. Memoranda of agreement or other written 
procedures will be developed to further define such review processes 
with Federal action agencies.
    (k) Supplemental consultation. A Federal action agency must 
reinitiate consultation with NMFS if the agency substantially revises 
its plans for an action in a manner that may adversely affect EFH or if 
new information becomes available that affects the basis for NMFS' EFH 
conservation recommendations.



Sec. 600.925  NMFS EFH conservation recommendations to Federal and state agencies.

    (a) General. Under section 305(b)(4) of the Magnuson-Stevens Act, 
NMFS is required to provide EFH conservation recommendations to Federal 
and state agencies for actions that would adversely affect EFH. NMFS EFH 
conservation recommendations will not suggest that state or Federal 
agencies take actions beyond their statutory authority.
    (b) Recommendations to Federal agencies. For Federal actions, EFH 
conservation recommendations will be provided to Federal action agencies 
as part of EFH consultations conducted pursuant to Sec. 600.920. These 
recommendations fulfill the requirements of section 305(b)(4)(A) of the 
Magnuson-Stevens Act. If NMFS becomes aware of a Federal action that 
would adversely affect EFH, but for which a Federal agency has not 
completed an EFH consultation, NMFS may request that the Federal agency 
initiate EFH consultation or NMFS will provide EFH conservation 
recommendations based on the information available. NMFS will provide a 
copy of such recommendation to the appropriate Council(s).
    (c) Recommendations to state agencies--(1) Establishment of 
procedures. Each NMFS Region should use existing coordination procedures 
under statutes such as the Coastal Zone Management Act or establish new 
procedures to identify state actions that may adversely affect EFH, and 
for determining the most appropriate method for providing EFH 
conservation recommendations to the state agency. NMFS will provide a 
copy of such recommendation to the appropriate Council(s).
    (2) Coordination with states on recommendations to Federal agencies. 
When an action that would adversely affect EFH requires authorization or 
funding by both Federal and state agencies, NMFS will provide the 
appropriate state agencies with copies of EFH conservation 
recommendations developed as part of the Federal consultation procedures 
in Sec. 600.920. NMFS will also seek agreements on sharing information 
and copies of recommendations with Federal or state agencies conducting 
similar consultation and recommendation processes to ensure coordination 
of such efforts.



Sec. 600.930  Council comments and recommendations to Federal and state agencies.

    (a) Establishment of procedures. Each Council should establish 
procedures for reviewing Federal or state actions that may adversely 
affect the EFH of a species managed under its authority. Each Council 
may receive information on actions of concern by methods such as: 
Directing Council staff to track proposed actions; recommending that the 
Council's habitat committee identify actions of concern; or entering 
into an agreement with NMFS to have the appropriate Regional 
Administrator notify the Council of actions that may

[[Page 107]]

adversely impact EFH. Federal and state actions often follow specific 
timetables which may not coincide with Council meetings. Therefore, 
Councils should consider establishing abbreviated procedures for the 
development of Council recommendations.
    (b) Early involvement. Councils should provide comments and 
recommendations on proposed state and Federal actions of concern as 
early as practicable in project planning to ensure thorough 
consideration of Council concerns by the action agency. Copies of 
Council comments and recommendations should be provided to NMFS.
    (c) Anadromous fishery resources. For the purposes of the commenting 
requirement of section 305(b)(3)(B) of the Magnuson-Stevens Act, an 
``anadromous fishery resource under a Council's authority'' is an 
anadromous species that inhabits waters under the Council's authority at 
some time during its life cycle.



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.
622.18  South Atlantic snapper-grouper limited 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.
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
Appendix D to Part 622--Specifications for Certified BRDs

    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,&thnsp3

[[Page 108]]

 
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 Queen Conch Resources of        CFMC                                      Caribbean.
 Puerto Rico and the U.S. Virgin
 Islands.
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,&thnsp4
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 and cobia 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; 61 
FR 65483, Dec. 13, 1996; 63 FR 10565, Mar. 4, 1998]



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., 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.
    Automatic reel means a reel that remains attached to a vessel when 
in use from which a line and attached hook(s) are deployed. The line is 
payed out from and retrieved on the reel electrically or hydraulically.
    Bandit gear means a rod and reel that remain attached to a vessel 
when in use from which a line and attached hook(s) are deployed. The 
line is payed out from and retrieved on the reel manually, electrically, 
or hydraulically.

[[Page 109]]

    BRD means bycatch reduction device.
    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 conch resource means one or more of the following species, 
or a part thereof:
    (1) Atlantic triton's trumpet, Charonia variegata.
    (2) Cameo helmet, Cassis madagascarensis.
    (3) Caribbean helmet, Cassis tuberosa.
    (4) Caribbean vase, Vasum muricatum.
    (5) Flame helmet, Cassis flammea.
    (6) Green star shell, Astrea tuber.
    (7) Hawkwing conch, Strombus raninus.
    (8) Milk conch, Strombus costatus.
    (9) Queen conch, Strombus gigus.
    (10) Roostertail conch, Strombus gallus.
    (11) True tulip, Fasciolaria tulipa.
    (12) West Indian fighting conch, Strombus pugilis.
    (13) Whelk (West Indian top shell), Cittarium pica.
    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 engages in charter fishing 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. 600.10 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 long gillnet or a run-around gillnet, that is unattached to the 
ocean bottom, regardless of whether 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.
    (2) In the Gulf EEZ, a trap and its component parts (including the 
lines

[[Page 110]]

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.
    Handline means a line with attached hook(s) that is tended directly 
by hand.
    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.
    Headrope length means the distance, measured along the forwardmost 
webbing of a trawl net, between the points at which the upper lip (top 
edge) of the mouth of the net are attached to sleds, doors, or other 
devices that spread the net.
    Hook-and-line gear means automatic reel, bandit gear, buoy gear, 
handline, longline, and rod and reel.
    Live rock means living marine organisms, or an assemblage thereof, 
attached to a hard substrate, including dead coral or rock (excluding 
individual mollusk shells).
    Long gillnet means a gillnet that has a float line that is more than 
1,000 yd (914 m) in length.
     Longline means a line that is deployed horizontally to which 
gangions and hooks are attached. A longline may be a bottom longline, 
i.e., designed for use on the bottom, or a pelagic longline, i.e., 
designed for use off the bottom. The longline hauler may be manually, 
electrically, or hydraulically operated.
    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

[[Page 111]]

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.
    (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.
    Penaeid shrimp trawler means any vessel that is equipped with one or 
more trawl nets whose on-board or landed catch of brown, pink, or white 
shrimp (penaeid shrimp) is more than 1 percent, by weight, of all fish 
comprising its on-board or landed catch.
    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).
    Rod and reel means a rod and reel unit that is not attached to a 
vessel, or, if attached, is readily removable, from which a line and 
attached hook(s) are deployed. The line is payed out from and retrieved 
on the reel manually, electrically, or hydraulically.

[[Page 112]]

     Run-around gillnet means a gillnet, other than a long gillnet, 
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.
    Shrimp trawler means any vessel that is equipped with one or more 
trawl nets whose on-board or landed catch of shrimp is more than 1 
percent, by weight, of all fish comprising its on-board or landed catch.
    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 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.
    Stab net means a gillnet, other than a long gillnet, or trammel net 
whose weight line sinks to the bottom and submerges the float line.
    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.
    Trammel net means two or more panels of netting, suspended 
vertically in the water by a common float line and a common weight line, 
with one panel having a larger mesh size than the other(s), to entrap 
fish in a pocket of netting.
    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.
    Try net, also called test net, means a net pulled for brief periods 
by a shrimp trawler to test for shrimp concentrations or determine 
fishing conditions (e.g., presence or absence of bottom debris, 
jellyfish, bycatch, seagrasses).
    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; 61 FR 65483, Dec. 13, 1996; 62 FR 18539, Apr. 
16, 1997; 63 FR 10565, Mar. 4, 1998; 63 FR 18144, Apr. 14, 1998]



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:

[[Page 113]]

    (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 permits, licenses, and endorsements 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 headboat, a person aboard 
must adhere to the bag limits.
    (2) Commercial vessel permits, licenses, 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 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 
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) King mackerel. For a person aboard a vessel to be eligible for 
exemption from the bag limits and to fish under a quota for king 
mackerel in or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a 
commercial vessel permit for king mackerel must have been issued to the 
vessel and must be on board. To obtain or renew a commercial vessel 
permit for king mackerel valid through April 30, 1999, at least 10 
percent of the applicant's earned income must have been derived from 
commercial fishing (i.e., harvest and first sale of fish) during one of 
the 3 calendar years preceding the application. To obtain or renew a 
commercial vessel permit for king mackerel valid after April 30, 1999, 
at least 25 percent of the applicant's earned income, or at least 
$10,000, must have been derived from commercial fishing (i.e., harvest 
and first sale of fish) or from charter fishing during one of the 3 
calendar years preceding the application. See paragraph (q) of this 
section regarding a moratorium on commercial vessel permits for king 
mackerel, initial permits under the moratorium, transfers of permits 
during the moratorium, and limited exceptions to the earned income or 
gross sales requirement for a permit.
    (iv) Spanish mackerel. For a person aboard a vessel to be eligible 
for exemption from the bag limits and to fish under a quota for Spanish 
mackerel in

[[Page 114]]

or from the Gulf, Mid-Atlantic, or South Atlantic EEZ, a commercial 
vessel permit for Spanish mackerel must have been issued to the vessel 
and must be on board. To obtain or renew a commercial vessel permit for 
Spanish mackerel valid through April 30, 1999, at least 10 percent of 
the applicant's earned income must have been derived from commercial 
fishing (i.e., harvest and first sale of fish) during one of the 3 
calendar years preceding the application. To obtain or renew a 
commercial vessel permit for Spanish mackerel valid after April 30, 
1999, at least 25 percent of the applicant's earned income, or at least 
$10,000, must have been derived from commercial fishing (i.e., harvest 
and first sale of fish) or from charter fishing 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 (i.e., harvest and first sale of fish) or from 
charter fishing 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 limited exceptions 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 between 
35 deg.15.3' N. lat. (due east of Cape Hatteras Light, NC) and 
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 kg) of 
tilefish on board is considered to be in the directed fishery for 
tilefish. It is a rebuttable presumption that a fishing vessel with more 
than 200 lb (90.7 kg) of tilefish on board harvested such tilefish in 
the EEZ. See Sec. 622.18 for limitations on the use, transfer, and 
renewal of a commercial vessel permit for South Atlantic snapper-
grouper.
    (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 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. For a person aboard a vessel for which a 
commercial vessel permit for Gulf reef fish has been issued to retain 
red snapper under the trip limits specified in Sec. 622.44(e)(1) or (2), 
a Class 1 or Class 2 Gulf red snapper license must have been issued to 
the vessel and must be on board. See paragraph (p) of this section 
regarding initial issue of red snapper licenses.
    (x) 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

[[Page 115]]

crab on board a vessel in the South Atlantic or off-loaded from a vessel 
in a port adjoining the South Atlantic was harvested from the South 
Atlantic EEZ. See Sec. 622.17 for limitations on the use, transfer, and 
renewal of a commercial vessel permit for golden crab.
    (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 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

[[Page 116]]

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 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.

[[Page 117]]

    (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 application for a permit, 
license, or endorsement submitted under this section, for each request 
for transfer or replacement of such permit, license, or endorsement, and 
for each fish trap or sea bass pot identification tag required under 
Sec. 622.6(b)(1)(i)(B). 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, request for transfer or replacement, 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, license, 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, in paragraph (n) of this section for a 
fish trap endorsement, in paragraph (p) of this section for a red 
snapper license, in paragraph (q) of this section for a king mackerel 
permit, in Sec. 622.17(i) for a commercial vessel permit for golden 
crab, or in Sec. 622.18(e) for a commercial vessel permit for South 
Atlantic snapper-grouper. 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

[[Page 118]]

specify the reasons and will provide an 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, license, 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, license, 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, license, or endorsement issued 
pursuant to this section may be revoked, suspended, or modified, and a 
permit, license, 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, license, or endorsement that is altered, 
erased, or mutilated is invalid.
    (l) Replacement. A replacement permit, license, or endorsement may 
be issued. An application for a replacement permit, license, or 
endorsement is not considered a new application.
    (m) Moratorium on commercial vessel permits for Gulf reef fish. The 
provisions of this paragraph (m) are applicable through December 31, 
2000.
    (1) No applications for additional commercial vessel permits for 
Gulf reef fish will be accepted. Existing vessel permits may be renewed, 
are subject to the restrictions on transfer or change in paragraphs 
(m)(2) through (5) of this section, and are subject to the requirement 
for timely renewal in paragraph (m)(6) of this section.
    (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.
    (3) An owner whose earned income qualified for the commercial vessel 
permit for Gulf reef fish may transfer the permit to the owner of 
another vessel, or to the new owner when he or she transfers ownership 
of the permitted vessel. Such owner of another vessel, or new owner, may 
receive a commercial vessel permit for Gulf reef fish for his or her 
vessel, and renew it through April 15 following the first full calendar 
year after obtaining it, without meeting the earned income requirement 
of paragraph (a)(2)(v) of this section. However, to further renew the 
commercial vessel permit, the owner of the other vessel, or new owner, 
must meet the earned income requirement not later than the first full 
calendar year after the permit transfer takes place.
    (4) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may transfer the permit to the income 
qualifying operator when such operator becomes an owner of a vessel.
    (5) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may have the operator qualification on the 
permit removed, and renew it without such qualification through April 15 
following the first full calendar year after removing it, without 
meeting the earned income requirement of paragraph (a)(2)(v) of this 
section. However, to further renew the commercial vessel permit, the 
owner must meet the earned income requirement not later than the first 
full calendar year after the operator qualification is removed. To have 
an operator qualification removed from a permit, the owner must return 
the original permit to the RD with an application for the changed 
permit.
    (6) A commercial vessel permit for Gulf reef fish that is not 
renewed or that is revoked will not be reissued. A

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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) Endorsements for fish traps in the Gulf. The provisions of this 
paragraph (n) are applicable through February 7, 2007. After February 7, 
2007, no fish trap endorsements are valid.
    (1) Only those fish trap endorsements that are valid on February 7, 
1997, may be renewed. Such endorsements are subject to the restrictions 
on transfer in paragraphs (n)(2) and (3) of this section and are subject 
to the requirement for timely renewal in paragraph (n)(5) of this 
section.
    (2) Through February 7, 1999, a fish trap endorsement may be 
transferred only to a vessel that has a commercial permit for reef fish.
    (3) After February 7, 1999, a fish trap endorsement is not 
transferable except as follows:
    (i) An owner of a vessel with a fish trap endorsement may transfer 
the endorsement to another vessel owned by the same entity.
    (ii) A fish trap endorsement is transferable upon a change of 
ownership of a permitted vessel with such endorsement from one to 
another of the following: Husband, wife, son, daughter, brother, sister, 
mother, or father.
    (iii) When a change of ownership of a vessel with a fish trap 
endorsement 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. (Paragraphs (m)(3) and (4) of this section apply for the 
transfer of a commercial vessel permit for Gulf reef fish upon 
disability or death of an owner.)
    (iv) A fish trap endorsement 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 the vessel with the reported landings.
    (4) The owner of a vessel that is to receive a transferred 
endorsement must return the originals of the 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.
    (5) 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 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 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 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 mackerel issued for a vessel new to 
the fishery will be issued without a gillnet endorsement.
    (p) Gulf red snapper licenses--(1) Class 1 licenses. To be eligible 
for the 2,000-lb (907-kg) trip limit for Gulf red snapper specified in 
Sec. 622.44(e)(1), a vessel must have been issued both a valid 
commercial vessel permit for Gulf reef fish and a valid Class 1 Gulf red 
snapper license, and such permit and license must be on board.
    (2) Class 2 licenses. To be eligible for the 200-lb (91-kg) trip 
limit for Gulf red snapper specified in Sec. 622.44(e)(2), a vessel must 
have been issued both a valid

[[Page 120]]

commercial vessel permit for Gulf reef fish and a valid Class 2 Gulf red 
snapper license, and such permit and license must be on board.
    (3) Operator restriction. An initial Gulf red snapper license that 
is issued for a vessel based on the qualification of an operator or 
historical captain is valid only when that operator or historical 
captain is the operator of the vessel. When applicable, this operator 
restriction is shown on the license.
    (4) Transfer of Gulf red snapper licenses. A red snapper license may 
be transferred independently of a commercial vessel permit for Gulf reef 
fish. To request the transfer of a red snapper license, complete the 
transfer information on the reverse of the license and return it to the 
RD.
    (5) Initial issue of Gulf red snapper licenses--(i) Class 1 
licenses. (A) An initial Class 1 license will be issued for the vessel 
specified by the holder of a valid red snapper endorsement on March 1, 
1997, and to a historical captain. In the event of death or disability 
of such holder between March 1, 1997, and the date Class 1 licenses are 
issued, a Class 1 license will be issued for the vessel specified by the 
person to whom the red snapper endorsement was transferred.
    (B) Status as a historical captain is based on information collected 
under Amendment 9 to the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP) (59 FR 39301, August 2, 1994). A 
historical captain is an operator who--
    (1) 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;
    (2) 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;
    (3) 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; and
    (4) Landed red snapper prior to November 7, 1989.
    (ii) Class 2 licenses. (A) An initial Class 2 license will be issued 
for the vessel specified by an owner or operator whose income qualified 
for a commercial vessel permit for reef fish that was valid on March 1, 
1997, and such owner or operator was the person whose earned income 
qualified for a commercial vessel permit for reef fish that had a 
landing of red snapper during the period from January 1, 1990, through 
February 28, 1997.
    (B) For the purpose of paragraph (p)(5)(ii)(A) of this section, 
landings of red snapper are as recorded in the information collected 
under Amendment 9 to the FMP (59 FR 39301, August 2, 1994) for the 
period 1990 through 1992 and in fishing vessel logbooks, as required 
under Sec. 622.5(a)(1)(ii), received by the SRD not later than March 31, 
1997, for the period from January 1, 1993, through February 28, 1997.
    (C) A vessel's red snapper landings record during the period from 
January 1, 1990, through February 28, 1997, is retained by the owner at 
the time of the landings if the vessel's permit was transferred to 
another vessel owned by him or her. When a vessel has had a change of 
ownership and concurrent transfer of its permit, the vessel's red 
snapper landings record is credited to the owner of that vessel on March 
1, 1997, unless there is a legally binding agreement under which a 
previous owner retained the landings record. An owner who claims such 
retention of a landings record must submit a copy of the agreement to 
the RD postmarked or hand delivered not later than January 30, 1998. 
However, an owner who submits a copy of such agreement after January 6, 
1998, is not assured that a red snapper license will be issued before 
the opening of the commercial fishery for red snapper on February 1, 
1998.
    (6) Implementation procedures--(i) Initial notification. The RD will 
notify each owner of a vessel that had a valid permit for Gulf reef fish 
on March 1, 1997, each operator whose earned income qualified for a 
valid permit on that date, and each potential historical captain of his 
or her eligibility for a Class 1 or Class 2 red snapper license. Initial 
determinations of eligibility will be based on NMFS' records of red

[[Page 121]]

snapper endorsements, red snapper landings during the period from 
January 1, 1990, through February 28, 1997, and applications for 
historical captain status under Amendment 9 to the FMP (59 FR 39301, 
August 2, 1994). An owner, operator, or potential historical captain who 
concurs with NMFS' initial determination of eligibility need take no 
further action. Each owner, operator, and historical captain who is 
initially determined to be eligible will be issued an appropriate 
license not later than January 23, 1998.
    (ii) Reconsideration. (A) An owner, operator, or potential 
historical captain who does not concur with NMFS' initial determination 
of eligibility for historical captain status or for a Class 2 red 
snapper license may request reconsideration of that initial 
determination by the RD.
    (B) A written request for reconsideration must be submitted to the 
RD postmarked or hand delivered not later than February 10, 1998, and 
must provide written documentation supporting the basis for 
reconsideration. However, an owner who submits such request after 
January 13, 1998, is not assured that a red snapper license will be 
issued before the opening of the commercial fishery for red snapper on 
February 1, 1998. Upon request by the owner, operator, or potential 
historical captain, the RD will forward the initial determination, the 
request for reconsideration, and pertinent records to a committee 
consisting of the principal state officials who are members of the 
GMFMC, or their designees. An owner, operator, or potential historical 
captain may request to make a personal appearance before the committee 
in his or her request for reconsideration. If an owner, operator, or 
potential historical captain requests that his or her request be 
forwarded to the committee, such a request constitutes the applicant's 
written authorization under section 402(b)(1)(F) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) for the 
RD to make available to the committee members such confidential catch 
and other records as are pertinent to the matter under reconsideration.
    (C) Members of the committee will provide their individual 
recommendations for each application for reconsideration referred to the 
committee to the RD. The committee may only deliberate whether the 
eligibility criteria specified in paragraph (p)(5) of this section were 
applied correctly in the applicant's case, based solely on the available 
record, including documentation submitted by the applicant. Neither the 
committee nor the RD may consider whether a person should have been 
eligible for historical captain status or a Class 2 license because of 
hardship or other factors. The RD will make a final decision based on 
the initial eligibility criteria in paragraph (p)(5) of this section and 
the available record, including documentation submitted by the 
applicant, and, if the request is considered by the committee, the 
recommendations and comments from each member of the committee. The RD 
will notify the applicant of the decision and the reason therefore, in 
writing, within 15 days of receiving the recommendations of the 
committee members. If the application is not considered by the 
committee, the RD will provide such notification within 15 days of the 
RD's receipt of the request for reconsideration. The RD's decision will 
constitute the final administrative action by NMFS on an application for 
reconsideration.
    (q) Moratorium on commercial vessel permits for king mackerel. This 
paragraph (q) is effective through October 15, 2000.
    (1) Effective March 4, 1998, an initial commercial vessel permit for 
king mackerel will be issued only if the vessel owner was the owner of a 
vessel with a commercial vessel permit for king mackerel on or before 
October 16, 1995. A king mackerel permit for a vessel whose owner does 
not meet this moratorium criterion may be renewed only through April 30, 
1999.
    (2) To obtain a commercial vessel permit for king mackerel under the 
moratorium, an owner or operator of a vessel that does not have a valid 
king mackerel permit on March 4, 1998, must submit an application to the 
RD postmarked or hand delivered not later than June 2, 1998. Other than 
applications for renewals of commercial vessel permits for king 
mackerel, no applications for commercial vessel permits for

[[Page 122]]

king mackerel will be accepted after June 2, 1998. Application forms are 
available from the RD.
    (3) An owner will not be issued initial commercial vessel permits 
for king mackerel under the moratorium in numbers exceeding the number 
of vessels permitted in the king mackerel fishery that he/she owned 
simultaneously on or before October 16, 1995. If a vessel with a 
commercial vessel permit for king mackerel on or before October 16, 
1995, has been sold since that date, the owner on or before that date 
retains the right to the commercial vessel permit for king mackerel 
unless there is a written agreement that such right transfers to the new 
owner.
    (4) An owner of a permitted vessel may transfer the commercial 
vessel permit for king mackerel issued under this moratorium to another 
vessel owned by the same entity.
    (5) An owner whose percentage of earned income or gross sales 
qualified him/her for the commercial vessel permit for king mackerel 
issued under the moratorium may request that NMFS transfer that permit 
to the owner of another vessel, or to the new owner when he or she 
transfers ownership of the permitted vessel. Such owner of another 
vessel, or new owner, may receive a commercial vessel permit for king 
mackerel for his or her vessel, and renew it through April 15 following 
the first full calendar year after obtaining it, without meeting the 
percentage of earned income or gross sales requirement of paragraph 
(a)(2)(iii) of this section. However, to further renew the commercial 
vessel permit, the owner of the other vessel, or new owner, must meet 
the earned income or gross sales requirement not later than the first 
full calendar year after the permit transfer takes place.
    (6) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may request that NMFS transfer the permit to 
the income-qualifying operator when such operator becomes an owner of a 
vessel.
    (7) An owner of a permitted vessel, the permit for which is based on 
an operator's earned income and, thus, is valid only when that person is 
the operator of the vessel, may have the operator qualification on the 
permit removed, and renew it without such qualification through April 15 
following the first full calendar year after removing it, without 
meeting the earned income or gross sales requirement of paragraph 
(a)(2)(iii) of this section. However, to further renew the commercial 
vessel permit, the owner must meet the earned income or gross sales 
requirement not later than the first full calendar year after the 
operator qualification is removed. To have an operator qualification 
removed from a permit, the owner must return the original permit to the 
RD with an application for the changed permit.
    (8) NMFS will not reissue a commercial vessel permit for king 
mackerel if the permit is revoked or if the RD does not receive an 
application for renewal within 1 year of the permit's expiration date.

[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; 62 FR 13986, Mar. 
25, 1997; 62 FR 67721, 67722, Dec. 30, 1997; 63 FR 10565, 10569, Mar. 4, 
1998; 63 FR 38301, July 16, 1998; 63 FR 57590, Oct. 28, 1998]



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, Mid-Atlantic, or South Atlantic EEZ or adjoining 
state waters, or whose vessel is issued a commercial permit for king or 
Spanish mackerel, as required under Sec. 622.4(a)(2)(iii) or (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.
    (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

[[Page 123]]

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.
    (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.
    (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. 622.4(a)(2)(x), who is selected to report by the SRD 
must maintain a fishing record on a form available from the SRD.
    (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.
    (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

[[Page 124]]

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, 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

[[Page 125]]

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.
    (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.

[[Page 126]]

    (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; 63 FR 10567, Mar. 4, 1998; 63 FR 57590, Oct. 
28, 1998]



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, 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 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/pots and associated buoys--(i) 
Traps or pots--(A) 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.
    (B) 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 between 35 deg.15.3' N. lat. (due east of Cape Hatteras Light, NC) 
and 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly 
Building, Cape Canaveral, FL), 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

[[Page 127]]

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.
    (ii) Associated buoys. A buoy that is attached to a trap or pot must 
display the official number and assigned color code so as to be easily 
distinguished, located, and identified as follows:
    (A) Caribbean EEZ. Each buoy must display the official number and 
color code assigned to the vessel by Puerto Rico or the U.S. Virgin 
Islands, whichever is applicable.
    (B) Gulf and South Atlantic EEZ. Each buoy must display the official 
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 official number and color code. 
However, no color code is required on a buoy attached to a golden crab 
trap.
    (iii) 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.
    (iv) 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 where such trap, pot, or buoy is required to be 
marked is illegal and may be disposed of in any appropriate manner by 
the Assistant Administrator or an authorized officer.
    (2) Gillnet buoys. On board a vessel with a valid Spanish mackerel 
permit that is fishing for Spanish mackerel in, or that possesses 
Spanish mackerel in or from, the South Atlantic EEZ off Florida north of 
25 deg.20.4' N. lat., which is a line directly east from the Dade/Monroe 
County, FL, boundary, the float line of each gillnet possessed, 
including any net in use, must have a maximum of nine distinctive 
floats, i.e., different from the usual net buoys, spaced uniformly at a 
distance of 100 yd (91.4 m) or less. Each such distinctive float must 
display the official number of the vessel.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43957, Aug. 27, 1996; 63 
FR 10567, Mar. 4, 1998; 63 FR 57590, Oct. 28, 1998]



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, license, 
or endorsement is required under Sec. 622.4 without such permit, 
license, or endorsement.
    (b) Falsify information on an application for a permit, license, or 
endorsement or submitted in support of such application, as specified in 
Sec. 622.4(b), (g), (p), or (q), or in Sec. 622.18.
    (c) Fail to display a permit, license, or endorsement, as specified 
in Sec. 622.4(i).
    (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--
    (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

[[Page 128]]

    (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(b).
    (aa) Falsify information submitted regarding an application for 
testing a BRD, testing of a BRD, or the results of such testing, as 
specified in Sec. 622.41(g)(3)(i) or (h)(3).
    (bb) [Reserved]

[61 FR 34934, July 3, 1996, as amended at 61 FR 43957, Aug. 27, 1996; 61 
FR 48415, Sept. 13, 1996; 62 FR 67722, Dec. 30, 1997; 63 FR 38301, July 
16, 1998; 63 FR 57590, Oct. 28, 1998; 64 FR 37693, July 13, 1999; 64 FR 
43941, Aug. 12, 1999]



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. 622.4(a)(2)(x), must 
carry a NMFS-approved observer.
    (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

[[Page 129]]

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, as amended at 63 FR 57590, Oct. 28, 1998]



                      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 
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

[[Page 130]]

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.
    (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

[[Page 131]]

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.
    (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

[[Page 132]]

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 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;

[[Page 133]]

    (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.
    (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

[[Page 134]]

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) General. In accordance with the procedures specified in the 
Fishery Management Plan for the Golden Crab Fishery of the South 
Atlantic Region, initial vessel permits have been issued for the 
fishery. No additional permits may be issued.
    (b) Fishing zones. (1) The South Atlantic EEZ is divided into three 
fishing zones for golden crab. 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 request that NMFS change the 
zone specified on a permit from the middle or southern zone to the 
northern zone. A request for such change and the existing permit must be 
submitted from an owner of a permitted vessel to the RD.
    (c) Transfer. (1) An owner of a vessel with a valid golden crab 
permit may request that NMFS transfer the permit to another vessel by 
returning the existing permit(s) to the RD 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.

[[Page 135]]

    (3) In addition to the provisions of paragraph (c)(2) of this 
section, the owner of a permitted vessel who has requested that NMFS 
transfer that permit to a smaller vessel (i.e., downsized) may 
subsequently request NMFS transfer that permit to a vessel of a length 
calculated from the length of the permitted vessel immediately prior to 
downsizing.
    (d) Renewal. 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.

[63 FR 57590, Oct. 28, 1998]



Sec. 622.18  South Atlantic snapper-grouper limited access.

    (a) Applicability. Beginning December 14, 1998, the only valid 
commercial vessel permits for South Atlantic snapper-grouper are those 
that have been issued under the limited access criteria in this section. 
A vessel may have either a transferable commercial permit or a trip-
limited commercial permit for South Atlantic snapper-grouper.
    (b) Initial eligibility. A vessel is eligible for an initial limited 
access commercial permit for South Atlantic snapper-grouper if the owner 
owned a vessel with a commercial vessel permit for South Atlantic 
snapper-grouper at any time from February 11, 1996, through February 11, 
1997, and owned a permitted vessel that had at least one landing of 
snapper-grouper from the South Atlantic from January 1, 1993, through 
August 20, 1996, as reported on fishing vessel logbooks received by the 
SRD on or before August 20, 1996. An owner whose permitted vessels had 
landings of snapper-grouper from the South Atlantic of at least 1,000 lb 
(453.6 kg), whole weight, in any one of the years 1993, 1994, or 1995, 
or in 1996 through August 20, as reported on fishing vessel logbooks 
received by the SRD on or before August 20, 1996, is eligible for an 
initial transferable permit. All other qualifying owners are eligible 
for an initial trip-limited permit.
    (c) Determinations of eligibility--(1) Permit history. The sole 
basis for determining whether a vessel had a commercial vessel permit 
for South Atlantic snapper-grouper at any time from February 11, 1996, 
through February 11, 1997, is NMFS' permit records. An owner of a 
currently permitted vessel who believes he/she meets the February 11, 
1996, through February 11, 1997, permit history criterion based on 
ownership of a vessel under a different name, as may have occurred when 
ownership has changed from individual to corporate or vice versa, must 
document his/her continuity of ownership. No more than one owner of a 
currently permitted vessel will be credited with meeting the permit 
history criterion based on a vessel's permit history.
    (2) Landings. (i) Landings of snapper-grouper from the South 
Atlantic during the qualifying period are determined from fishing vessel 
logbooks received by the SRD on or before August 20, 1996. State trip 
ticket data may be considered in support of claimed landings provided 
such trip ticket data were received by the state on or before September 
20, 1996.
    (ii) Only landings when a vessel had a valid commercial permit for 
snapper-grouper and only landings that were harvested, landed, and sold 
in compliance with state and Federal regulations may be used to 
establish eligibility.
    (iii) For the purpose of eligibility for a limited access commercial 
permit for snapper-grouper, the owner of a vessel that had a commercial 
snapper-grouper permit during the qualifying period retains the snapper-
grouper landings record of that vessel during the time of his/her 
ownership unless a sale of the vessel included a written agreement that 
credit for such landings was transferred to the new owner. Such transfer 
of credit must be for the vessel's entire record of landings of snapper-
grouper from the South Atlantic.
    (d) Implementation procedures--(1) Notification of status. On or 
about July 27, 1998, the RD will notify each owner of a vessel that had 
a commercial permit for South Atlantic snapper-grouper at any time from 
February 11, 1996,

[[Page 136]]

through February 11, 1997, and each owner of a vessel that has a 
commercial permit for South Atlantic snapper-grouper on July 16, 1998, 
of NMFS' initial determination of eligibility for either a transferable 
or a trip-limited, limited access commercial permit for South Atlantic 
snapper-grouper. Each notification will include an application for such 
permit. Addresses for such notifications will be based on NMFS' permit 
records. A vessel owner who believes he/she qualifies for a limited 
access commercial permit for South Atlantic snapper-grouper and who does 
not receive such notification must obtain an application from the RD.
    (2) Applications. (i) An owner of a vessel who desires a limited 
access commercial permit for South Atlantic snapper-grouper must submit 
an application for such permit postmarked or hand-delivered not later 
than October 14, 1998. Failure to apply in a timely manner will preclude 
permit issuance even when the vessel owner meets the eligibility 
criteria for such permit.
    (ii) A vessel owner who agrees with NMFS' initial determination of 
eligibility, including type of permit (transferable or trip-limited), 
need provide no documentation of eligibility with his/her application.
    (iii) A vessel owner who disagrees with the initial determination of 
eligibility or type of permit must specify the type of permit applied 
for and provide documentation of eligibility. Documentation and other 
information submitted on or with an application are subject to 
verification by comparison with state, Federal, and other records and 
information. Submission of false documentation or information may 
disqualify an owner from initial participation in the limited access 
commercial South Atlantic snapper-grouper fishery and is a violation of 
the regulations in this part.
    (iv) If an application that is postmarked or hand delivered in a 
timely manner is incomplete, the RD will notify the vessel owner of the 
deficiency. If the owner fails to correct the deficiency within 20 days 
of the date of the RD's notification, the application will be considered 
abandoned.
    (3) Issuance. (i) If a complete application is submitted in a timely 
manner and the eligibility requirements specified in paragraph (b) of 
this section are met, the RD will issue an initial commercial vessel 
permit, transferable or trip-limited, as appropriate, and mail it to the 
vessel owner not later than December 3, 1998.
    (ii) If the eligibility requirements specified in paragraph (b) of 
this section are not met, the RD will notify the vessel owner, in 
writing, not later than November 13, 1998 of such determination and the 
reasons for it.
    (4) Reconsideration. (i) A vessel owner may request reconsideration 
of the RD's determination regarding initial permit eligibility by 
submitting a written request for reconsideration to the RD. Such request 
must be postmarked or hand delivered within 20 days of the date of the 
RD's notification denying initial permit issuance and must provide 
written documentation supporting permit eligibility.
    (ii) Upon receipt of a request for reconsideration, the RD will 
forward the initial application, the RD's response to that application, 
the request for reconsideration, and pertinent records to an Application 
Oversight Board consisting of state directors (or their designees) from 
each state in the Council's area of jurisdiction. Upon request, a vessel 
owner may make a personal appearance before the Application Oversight 
Board.
    (iii) If reconsideration by the Application Oversight Board is 
requested, such request constitutes the vessel owner's written 
authorization under section 402(b)(1)(F) of the Magnuson-Stevens Act for 
the RD to make available to the Application Oversight Board members such 
confidential catch and other records as are pertinent to the matter 
under reconsideration.
    (iv) The Application Oversight Board may only deliberate whether the 
eligibility criteria specified in paragraph (b) of this section were 
applied correctly in the vessel owner's case, based solely on the 
available record, including documentation submitted by the owner. The 
Application Oversight Board may not consider whether an owner should 
have been eligible for a commercial vessel permit because of

[[Page 137]]

hardship or other factors. The Application Oversight Board members will 
provide individual recommendations for each application for 
reconsideration to the RD.
    (v) The RD will make a final decision based on the eligibility 
criteria specified in paragraph (b) of this section and the available 
record, including documentation submitted by the vessel owner, and the 
recommendations and comments from members of the Application Oversight 
Board. The RD may not consider whether a vessel owner should have been 
eligible for a commercial vessel permit because of hardship or other 
factors. The RD will notify the owner of the decision and the reason for 
it, in writing, within 15 days of receiving the recommendations from the 
Application Oversight Board members. The RD's decision will constitute 
the final administrative action by NMFS.
    (e) Transfers of permits. A snapper-grouper limited access permit is 
valid only for the vessel and owner named on the permit. To change 
either the vessel or the owner, an application for transfer must be 
submitted to the RD.
    (1) Transferable permits. (i) An owner of a vessel with a 
transferable permit may request that the RD transfer the permit to 
another vessel owned by the same entity.
    (ii) A transferable permit may be transferred upon a change of 
ownership of a permitted vessel with such permit from one to another of 
the following: Husband, wife, son, daughter, brother, sister, mother, or 
father.
    (iii) A transferable permit may be transferred to a vessel whose 
owner had, as of August 20, 1996, a written contract for the purchase of 
a vessel that included a provision transferring to the new owner the 
rights to any limited access permit to which the former owner might 
become entitled under the provisions for initial issue of limited access 
permits. To be considered, any such written contract must be submitted 
to the RD postmarked or hand-delivered on or before December 14, 1998.
    (iv) Except as provided in paragraphs (e)(1)(i), (ii), and (iii) of 
this section, a person desiring to acquire a limited access, 
transferable permit for South Atlantic snapper-grouper must obtain and 
exchange two such permits for one new permit.
    (v) A transfer of a permit that is undertaken under paragraph 
(e)(1)(ii), (e)(1)(iii), or (e)(1)(iv) of this section will constitute a 
transfer of the vessel's entire catch history to the new owner.
    (2) Trip-limited permits. An owner of a vessel with a trip-limited 
permit may request that the RD transfer the permit to another vessel 
owned by the same entity provided the length and gross tonnage of the 
replacement vessel are equal to or less than the length and gross 
tonnage of the replaced vessel.
    (f) Renewal. NMFS will not reissue a commercial vessel permit for 
South Atlantic snapper-grouper if the permit is revoked or if the RD 
does not receive an application for renewal within 60 days of the 
permit's expiration date.

[63 FR 38301, July 16, 1998]

    Effective Date Note: At 64 FR 48329, Sept. 3, 1999, Sec. 622.18 was 
amended by suspending the second sentence in paragraph (a) and adding 
paragraph (g), effective Sept. 3, 1999 through Mar. 1, 2000. For the 
convenience of the user, the added text follows:



Sec. 622.18  South Atlantic snapper-grouper limited access.

                                * * * * *

    (g) Revised implementation procedures. A permit issued under this 
paragraph (g) will be either an unlimited permit (a permit not subject 
to a trip limit but with significant limitations on transferability) or 
a trip-limited permit.
    (1) Applicability. (i) The procedures and limitations in this 
paragraph (g) apply to an owner of a vessel for whom the RD's initial 
determination under paragraph (d)(1) of this section was that he/she was 
eligible for an initial limited access commercial vessel permit for 
South Atlantic snapper-grouper, but who did not apply for such permit in 
a timely manner.
    (ii) The RD's initial determination of eligibility notwithstanding, 
the procedures in this paragraph (g) do not apply to an owner against 
whom a final administrative decision has been taken

[[Page 138]]

on a Notice of Violation and Assessment (NOVA) for fishing in the 
snapper-grouper fishery without a permit on or since December 14, 1998. 
Such owner may not apply for an initial limited access commercial vessel 
permit for South Atlantic snapper-grouper. (See 15 CFR 904.2 for the 
definition of ``Final administrative decision'' and 15 CFR 904.104, 
904.271(d), and 904.273(i) for determinations of when final 
administrative decisions are effective.)
    (2) Notification. Not later than September 8, 1999, the RD will 
renotify, by certified mail, each owner to whom this paragraph (g) 
applies of NMFS' determination of eligibility for either an unlimited or 
a trip-limited, limited access commercial permit for South Atlantic 
snapper-grouper. An owner who was advised under paragraph (b) of this 
section of eligibility for an initial transferable permit will be 
advised of eligibility for an unlimited permit under this paragraph (g). 
All other owners will be advised of eligibility for a trip-limited 
permit under this paragraph (g). Each notification will include an 
application for such permit. Addresses for such notifications will be 
based on NMFS' permit records. A vessel owner who believes he/she 
qualifies for a limited access commercial permit for South Atlantic 
snapper-grouper under this paragraph (g) and who does not receive such 
notification must contact the RD to verify eligibility status for a 
limited access permit. The RD will either provide such a person 
notification of eligibility, including an application, or advise him/her 
of the reasons for ineligibility.
    (3) Applications. (i) An owner of a vessel who receives the 
notification specified in paragraph (g)(2) of this section and who 
desires a limited access commercial permit for South Atlantic snapper-
grouper must submit an application for such permit postmarked or hand-
delivered not later than October 18, 1999 to the RD. Failure to apply in 
a timely manner will preclude permit issuance.
    (ii) An application for an unlimited permit when the RD's certified 
mail notification specifies eligibility for a trip-limited permit will 
not be considered.
    (iii) If an application that is postmarked or hand-delivered in a 
timely manner is incomplete, the RD will notify the vessel owner of the 
deficiency. If the owner fails to correct the deficiency within 20 days 
of the date of the RD's notification, the application will be considered 
abandoned.
    (4) Issuance. (i) If a complete application is submitted in a timely 
manner, the RD will issue an initial limited access commercial vessel 
permit for South Atlantic snapper-grouper. The type of permit issued, 
unlimited or trip-limited, will be as specified in the RD's certified 
mail notification specified in paragraph (g)(2) of this section.
    (ii) An initial unlimited permit issued under this paragraph (g)(4) 
will be valid through the end of the month 13 months after its issuance, 
as specified on the permit. A trip-limited permit issued under this 
paragraph (g)(4) will be valid through the date specified on the permit.
    (iii) The provisions of paragraph (g)(4)(i) of this section 
notwithstanding, the RD will not issue a permit to an owner who has been 
issued a NOVA for fishing in the snapper-grouper fishery without a 
permit on or since December 14, 1998, until such NOVA is dismissed.
    (5) Transfers of unlimited permits. (i) An unlimited permit issued 
under this paragraph (g) may not be transferred for 3 years after it is 
issued, except that an owner may request that the RD transfer the permit 
to another vessel owned by the same entity.
    (ii) After the 3-year period, an unlimited permit issued under this 
paragraph (g) will become transferable in accordance with the provisions 
of paragraph (e)(1) of this section provided at least 1,000 lb (453.6 
kg) of South Atlantic snapper-grouper were landed by the permitted 
vessel, or its replacement, in each of the three 12-month periods after 
it was initially issued.
    (iii) When the landings of a vessel with an unlimited permit, or its 
replacement, are less than 1,000 lb (453.6 kg) of South Atlantic 
snapper-grouper in one of these three 12-month periods, the permit may 
be renewed only as a trip-limited permit.
    (iv) Fishing records submitted in a timely manner in accordance with

[[Page 139]]

Sec. 622.5(a)(1)(iv) and (a)(2) will be the sole basis for determination 
of landings of South Atlantic snapper-grouper for the purposes of 
meeting the 1,000-lb (453.6-kg) landing criterion.



                     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.
    (d) South Atlantic greater amberjack--May 1 through April 30.

[61 FR 34934, July 3, 1996, as amended at 64 FR 3627, Jan. 25, 1999]



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.
    (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. (1) A fish trap may not be used in the South 
Atlantic EEZ.
    (2) A fish trap may not be used or possessed in the Gulf EEZ west of 
85 deg.30' W. long. and, after February 7, 2007, may not be used or 
possessed in the Gulf EEZ.
    (3) A fish trap used other than where authorized in paragraph (c) 
(1) or (2) of this section may be disposed of in any appropriate manner 
by the Assistant Administrator or an authorized officer.
    (d) 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.
    (e) 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.
    (f) 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.
    (g) 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.
    (h) Rebreathers and spearfishing gear. In the South Atlantic EEZ, a 
person using a rebreather may not harvest

[[Page 140]]

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.
    (i) 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.
    (j) 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.

[61 FR 34934, July 3, 1996, as amended at 62 FR 13987, Mar. 25, 1997; 63 
FR 10567, Mar. 4, 1998; 63 FR 57590, Oct. 28, 1998]



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 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 and Nassau grouper may not be harvested or possessed 
in or from the Gulf EEZ. Such fish 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

[[Page 141]]

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 the Gulf, Mid-Atlantic, 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; 62 
FR 13988, Mar. 25, 1997; 63 FR 10567, Mar. 4, 1998]

    Effective Date Note: At 64 FR 48326, Sept. 3, 1999, Sec. 622.32 was 
amended by adding paragraph (b)(4)(vii), effective Sept. 8, 1999, 
through Mar. 1, 2000. For the convenience of the user, the added text 
follows:



Sec. 622.32  Prohibited and limited-harvest species.

                                * * * * *

    (b) * * *
    (4) * * *
    (vii) Red porgy may not be harvested or possessed in or from the 
South Atlantic EEZ. Red porgy caught in the South Atlantic EEZ must be 
released immediately with a minimum of harm.

                                * * * * *



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 that part of the following 
area that is in the EEZ. The area is bounded by rhumb lines connecting, 
in order, the points listed:

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  17 deg.37.8'        64 deg.53.0'
B...............................  17 deg.39.0'        64 deg.53.0'
C...............................  17 deg.39.0'        64 deg.50.5'
D...............................  17 deg.38.1'        64 deg.50.5'
E...............................  17 deg.37.8'        64 deg.52.5'
A...............................  17 deg.37.8'        64 deg.53.0'
------------------------------------------------------------------------

    (b) Red hind spawning aggregation areas. From December 1 through 
February 28, each year, fishing is prohibited in those parts of the 
following areas that are in the EEZ. 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'
------------------------------------------------------------------------


[[Page 142]]

    (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--(i) Bajo de Cico.

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  18 deg.15.7'        67 deg.26.4'
B...............................  18 deg.15.7'        67 deg.23.2'
C...............................  18 deg.12.7'        67 deg.23.4'
D...............................  18 deg.12.7'        67 deg.26.4'
A...............................  18 deg.15.7'        67 deg.26.4'
------------------------------------------------------------------------

    (ii) Tourmaline Bank.

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  18 deg.11.2'        67 deg.22.4'
B...............................  18 deg.11.2'        67 deg.19.2'
C...............................  18 deg.08.2'        67 deg.19.2'
D...............................  18 deg.08.2'        67 deg.22.4'
A...............................  18 deg.11.2'        67 deg.22.4'
------------------------------------------------------------------------

    (iii) Abrir La Sierra Bank.

------------------------------------------------------------------------
              Point                   North lat.          West long.
------------------------------------------------------------------------
A...............................  18 deg.06.5'        67 deg.26.9'
B...............................  18 deg.06.5'        67 deg.23.9'
C...............................  18 deg.03.5'        67 deg.23.9'
D...............................  18 deg.03.5'        67 deg.26.9'
A...............................  18 deg.06.5'        67 deg.26.9'
------------------------------------------------------------------------

    (c) Queen conch closure. From July 1 through September 30, each 
year, no person may fish for queen conch in the Caribbean EEZ and no 
person may possess on board a fishing vessel a queen conch in or from 
the Caribbean EEZ.

[61 FR 34934, July 3, 1996, as amended at 61 FR 64486, Dec. 5, 1996; 61 
FR 65483, Dec. 13, 1996]



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 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, 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'
------------------------------------------------------------------------


[[Page 143]]

    (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 order, the points 
listed in Table 2, 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. The provisions of this paragraph do not 
apply to the following species: dwarf sand perch, hogfish, queen 
triggerfish, and sand perch.
    (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

[[Page 144]]

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...........................................  24 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'  82 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.
    (iii) 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 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) Closures of the commercial fishery for red snapper. The 
commercial fishery for red snapper in or from the Gulf EEZ is closed 
from January 1 to noon on February 1 and thereafter from noon

[[Page 145]]

on the 15th of each month to noon on the first of each succeeding month 
until the quota specified in Sec. 622.42(a)(1)(i)(A) is reached or until 
noon on September 1, whichever occurs first. From September 1 to 
December 1, the commercial fishery for red snapper in or from the Gulf 
EEZ is closed from noon on the 10th of each month to noon on the first 
of each succeeding month until the quota specified in 
Sec. 622.42(a)(1)(i)(B) is reached or until the end of the fishing year, 
whichever occurs first. All times are local times. During these closed 
periods, the possession of red snapper in or from the Gulf EEZ and in 
the Gulf 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). However, when the recreational 
quota for red snapper has been reached and the bag and possession limit 
has been reduced to zero, the limit for such possession during a closed 
period is zero.

[61 FR 34934, July 3, 1996, as amended at 61 FR 48642, Sept. 16, 1996; 
62 FR 46679, Sept. 4, 1997; 62 FR 47767, Sept. 11, 1997; 62 FR 67722, 
Dec. 30, 1997; 64 FR 47713, Sept. 1, 1999]



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 146]]

    (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 147]]

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.
    (xxx) Murrel's Inlet 60 Foot Reef is bounded on the north by 
33 deg.17.50' N. lat.; on the south by 33 deg.16.50' N. lat.; on the 
east by 78 deg.44.67' W. long.; and on the west by 78 deg.45.98' W. 
long.
    (xxxi) Georgetown 95 Foot Reef is bounded on the north by 
33 deg.11.75' N. lat.; on the south by 33 deg.10.75' N. lat.; on the 
east by 78 deg.24.10' W. long.; and on the west by 78 deg.25.63' W. 
long.
    (xxxii) New Georgetown 60 Foot Reef is bounded on the north by 
33 deg.09.25' N. lat.; on the south by 33 deg.07.75' N. lat.; on the 
east by 78 deg.49.95' W. long.; and on the west by 78 deg.51.45' W. 
long.
    (xxxiii) North Inlet 45 Foot Reef is bounded on the north by 
33 deg.21.03' N. lat.; on the south by 33 deg.20.03' N. lat.; on the 
east by 79 deg.00.31' W. long.; and on the west by 79 deg.01.51' W. 
long.
    (xxxiv) CJ Davidson Reef is bounded on the north by 33 deg.06.48' N. 
lat.; on the south by 33 deg.05.48' N. lat.; on the east by 
79 deg.00.27' W. long.; and on the west by 79 deg.01.39' W. long.
    (xxxv) Greenville Reef is bounded on the north by 32 deg.57.25' N. 
lat.; on the south by 32 deg.56.25' N. lat.; on the east by 
78 deg.54.25' W. long.; and on the west by 78 deg.55.25' W. long.
    (xxxvi) Charleston 60 Foot Reef is bounded on the north by 
32 deg.33.60' N. lat.; on the south by 32 deg.32.60' N. lat.; on the 
east by 79 deg.39.70' W. long.; and on the west by 79 deg.40.90' W. 
long.
    (xxxvii) Edisto 60 Foot Reef is bounded on the north by 
32 deg.21.75' N. lat.; on the south by 32 deg.20.75' N. lat.; on the 
east by 80 deg.04.10' W. longitude; and on the west by 80 deg.05.70' W. 
long.
    (xxxviii) Edisto 40 Foot Reef is bounded on the north by 
32 deg.25.78' N. lat.; on the south by 32 deg.24.78' N. lat.; on the 
east by 80 deg.11.24' W. long.; and on the west by 80 deg.12.32' W. 
long.
    (xxxix) Beaufort 45 Foot Reef is bounded on the north by 
32 deg.07.65' N. lat.; on the south by 32 deg.06.65' N. lat.; on the

[[Page 148]]

east by 80 deg.28.80' W. long.; and on the west by 80 deg.29.80' 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 the SMZs specified in paragraphs (e)(1)(i) through 
(e)(1)(xviii) and (e)(1)(xxii) through (e)(1)(xxxix) of this section, 
the use of a gillnet or a trawl is prohibited, and fishing may be 
conducted only with handline, 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 
(e)(1)(x), (e)(1)(xx), and (e)(1)(xxii) through (e)(1)(xxxix) 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(b) 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 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; 63 FR 10567, Mar. 4, 1998; 63 FR 57590, Oct. 
28, 1998; 63 FR 71794, Dec. 30, 1998]



Sec. 622.36  Seasonal harvest limitations.

    (a) Gulf EEZ. During March, April, and May, each year, the 
possession of greater amberjack in or from the Gulf EEZ and in the Gulf 
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 greater amberjack were harvested, is limited to the bag and 
possession limits, as specified in Sec. 622.39(b)(1)(i) and (b)(2), 
respectively, and such greater amberjack are subject to the prohibition 
on sale or purchase of greater amberjack possessed under the bag limit, 
as specified in Sec. 622.45(c)(1).
    (b) South Atlantic EEZ--(1) Greater amberjack spawning season. 
During April, each year, the possession of greater amberjack in or from 
the South Atlantic EEZ and in the South Atlantic on board a vessel for 
which a valid Federal commercial or charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, without regard to where 
such greater amberjack were harvested, is limited to one per person per 
day or one per person per trip, whichever is more restrictive. Such 
greater amberjack are subject to the prohibition on sale or purchase, as 
specified in Sec. 622.45(d)(6).
    (2) 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 per day or 10 per person per trip, whichever is 
more restrictive.
    (3) 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.
    (4) Black grouper and gag. During March and April, each year, the 
possession of black grouper and gag in or from the South Atlantic EEZ 
and in the South Atlantic on board a vessel

[[Page 149]]

for which a valid Federal commercial or charter vessel/headboat permit 
for South Atlantic snapper-grouper has been issued, without regard to 
where such black grouper or gag were harvested, is limited to two black 
grouper or gag, combined, per person per day or two black grouper or 
gag, combined, per person per trip, whichever is more restrictive. Such 
black grouper or gag are subject to the prohibition on sale or purchase, 
as specified in Sec. 622.45(d)(5).
    (5) Red porgy. During March and April, each year, the possession of 
red porgy in or from the South Atlantic EEZ and in the South Atlantic on 
board a vessel for which a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued, 
without regard to where such red porgy were harvested, is limited to 
five per person per day or five per person per trip, whichever is more 
restrictive. Such red porgy are subject to the prohibition on sale or 
purchase, as specified in Sec. 622.45(d)(5).

[61 FR 34934, July 3, 1996, as amended at 62 FR 67723, Dec. 30, 1997; 64 
FR 3627, Jan. 25, 1999]

    Effective Date Note: At 64 FR 48326, Sept. 3, 1999, Sec. 622.36 was 
amended by suspending paragraph (b)(5), effective Sept. 8, 1999, through 
Mar. 1, 2000.



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, Mid-
Atlantic, or South Atlantic--33 inches (83.8 cm), fork length.
    (2) King mackerel in the Gulf, South Atlantic, or Mid-Atlantic--24 
inches (61.0 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 vermillion 
snapper--8 inches (20.3 cm), TL.
    (2) Gray, mutton, and yellowtail snappers--12 inches (30.5 cm), TL.
    (3) Red snapper--15 inches (38.1 cm), TL.
    (4) Black, red, 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) Snapper. (i) Lane snapper--8 
inches (20.3 cm), TL.
    (ii) Vermilion snapper--11 inches (27.9 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.
    (iii) Blackfin, cubera, dog, gray, mahogany, queen, silk, and 
yellowtail snappers; and schoolmaster--12 inches (30.5 cm), TL.
    (iv) Mutton snapper--16 inches (40.6 cm), TL.
    (v) Red snapper--20 inches (50.8 cm), TL.
    (2) Grouper. (i) Red, yellowfin, and yellowmouth grouper; and 
scamp--20 inches (50.8 cm), TL.
    (ii) Black grouper and gag--24 inches (61.0 cm), TL.
    (3) Other snapper-grouper species. (i) Black sea bass--10 inches 
(25.4 cm), TL.

[[Page 150]]

    (ii) Gray triggerfish in the South Atlantic EEZ off Florida--12 
inches (30.5 cm), TL.
    (iii) Hogfish--12 inches (30.5 cm), fork length.
    (iv) Red porgy--14 inches (35.6 cm), TL.
    (v) 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, for a fish 
taken by a person not subject to the bag limit.
    (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.
    (g) Caribbean queen conch--9 inches (22.9 cm) in length, that is, 
from the tip of the spire to the distal end of the shell, and \3/8\ inch 
(9.5 mm) in lip width at its widest point. A queen conch with a length 
of at least 9 inches (22.9 cm) or a lip width of at least \3/8\ inch 
(9.5 mm) is not undersized.

[61 FR 34934, July 3, 1996, as amended at 61 FR 65483, Dec. 13, 1996; 62 
FR 13988, Mar. 25, 1997; 63 FR 444, Jan. 6, 1998; 63 FR 10567, Mar. 4, 
1998; 64 FR 3628, Jan. 25, 1999; 64 FR 45459, Aug. 20, 1999]

    Effective Date Note 1: At 62 FR 47766, Sept. 11, 1997, Sec. 622.37 
was amended by revising paragraph (d)(1) and adding paragraph (d)(6), 
effective Sept. 14, 1997, through Mar. 10, 1998. At 63 FR 67715, Dec. 
30, 1997, this amendment was continued indefinitely. For the convenience 
of the user, the revised text is set forth as follows:



Sec. 622.37  Minimum sizes.

                                * * * * *

    (d) Gulf reef fish. (1) Black sea bass and lane snapper--8 inches 
(20.3 cm), TL.

                                * * * * *

    (6) Vermillion snapper--10 inches (25.4 cm), TL.

                                * * * * *

    Effective Date Note 2: At 64 FR 48326, Sept. 3, 1999, Sec. 622.37 
was amended by suspending paragraph (e)(3)(iv), effective Sept. 8, 1999, 
through Mar. 1, 2000.



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: 
Cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, except as specified for king mackerel 
in paragraph (g) of this section; South Atlantic snapper-grouper in or 
from the South Atlantic EEZ, except as specified in paragraph (h) of 
this section; yellowtail snapper in or from the Caribbean EEZ; and 
finfish in or from the Gulf EEZ, except as specified in paragraphs (c) 
and (d) of this section. 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;

[[Page 151]]

    (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) 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.
    (f) A Caribbean conch resource in or from the Caribbean EEZ must be 
maintained with meat and shell intact.
    (g) A maximum of five cut-off (damaged) king mackerel may be 
possessed in the Gulf, Mid-Atlantic, or South Atlantic EEZ on, and 
offloaded ashore from, a vessel that is operating under a trip limit for 
king mackerel specified in Sec. 622.44(a). Such cut-off (damaged) king 
mackerel are not counted against the trip limit and may not be sold or 
purchased.
    (h) In the South Atlantic EEZ, snapper-grouper lawfully harvested in 
Bahamian waters are exempt from the requirement that they be maintained 
with head and fins intact, provided valid Bahamian fishing and cruising 
permits are on board the vessel and the vessel is in transit through the 
South Atlantic EEZ. For the purpose of this paragraph (i), a vessel is 
in transit through the South Atlantic EEZ when it is on a direct and 
continuous course through the South Atlantic EEZ and no one aboard the 
vessel fishes in the EEZ.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61 
FR 65483, Dec. 13, 1996; 63 FR 10567, Mar. 4, 1998; 63 FR 38303, July 
16, 1998; 64 FR 3628, Jan. 25, 1999]



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 
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. The operator of 
a vessel that fishes in the EEZ is responsible for ensuring that the bag 
and possession limits specified in this section are not exceeded.
    (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.
    (iv) When the vessel has on board or is tending any trap other than 
a fish

[[Page 152]]

trap authorized under Sec. 622.40(a)(2), a stone crab trap, or a spiny 
lobster trap.
    (3) Paragraph (a)(1) of this section notwithstanding, the bag and 
other limits specified in Sec. 622.35(b) apply for South Atlantic 
snapper-grouper in or from the EEZ to a person aboard a vessel for which 
a commercial permit for South Atlantic snapper-grouper has been issued 
that has on board a longline in the longline closed area.
    (b) Gulf reef fish--(1) Bag limits. (i) Greater amberjack--1.
    (ii) Groupers, combined, excluding jewfish and Nassau grouper--5.
    (iii) Red snapper--4, except that for an operator or member of the 
crew of a charter vessel or headboat, the bag limit is 0.
    (iv) Snappers, combined, excluding red, lane, and vermilion 
snapper--10.
    (v) Gulf reef fish, combined, excluding those specified in 
paragraphs (b)(1) (i) through (iv) of this section and excluding dwarf 
sand perch and sand perch--20.
    (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, except that for an 
operator or crew member of a charter vessel or headboat, the bag limit 
is 0.
    (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 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--1.
    (ii) Groupers, combined, excluding jewfish and Nassau grouper, and 
tilefishes--5. However, within the 5-fish aggregate bag limit, no more 
than two fish may be gag or black grouper, combined.
    (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.
    (vi) Red porgy--5.
    (vii) Black sea bass--20.
    (viii) South Atlantic snapper-grouper, combined, excluding tomtate 
and blue runner and those specified in paragraphs (d)(1)(i) through 
(vii) of this section--20.

[[Page 153]]

    (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.
    (e) Caribbean queen conch--(1) Applicability. Paragraph (a)(1) of 
this section notwithstanding, the bag limit of paragraph (e)(2) of this 
section does not apply to a fisherman who has a valid commercial fishing 
license issued by Puerto Rico or the U.S. Virgin Islands. See 
Sec. 622.44 for the commercial daily trip limit.
    (2) Bag limit. The bag limit for queen conch in or from the 
Caribbean EEZ is 3 per person or, if more than 4 persons are aboard, 12 
per boat.

[61 FR 34934, July 3, 1996, as amended at 61 FR 65483, Dec. 13, 1996; 61 
FR 65985, Dec. 16, 1996; 62 FR 23674, May 1, 1997; 62 FR 67723, Dec. 30, 
1997; 63 FR 8356, Feb. 19, 1998; 63 FR 38303, July 16, 1998; 63 FR 
72203, Dec. 31, 1998; 64 FR 3628, Jan. 25, 1999; 64 FR 33800, June 24, 
1999; 64 FR 45459, Aug. 20, 1999; 64 FR 47713, Sept. 1, 1999]

    Effective Date Note: At 64 FR 48326, Sept. 3, 1999, Sec. 622.39 was 
amended by suspending paragraph (d)(1)(vi), effective Sept. 8, 1999, 
through Mar. 1, 2000.



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. If such vessel has a 
breakdown that prevents it from retrieving its traps, the owner or 
operator must immediately notify the nearest NMFS Office of Enforcement 
and must obtain authorization for another vessel to retrieve and land 
its traps. The request for such authorization must include the requested 
effective period for the retrieval and landing, the persons and vessel 
to be authorized to retrieve the traps, and the point of landing of the 
traps. Such authorization will be specific as to the effective period, 
authorized persons and vessel, and point of landing. Such authorization 
is valid solely for the removal of fish traps from the EEZ and for 
harvest of fish incidental to such removal.
    (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

[[Page 154]]

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 
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 between 35 deg.15.3' N. lat. (due east of Cape 
Hatteras Light, NC) and 28 deg.35.1' N. lat. (due east of the NASA 
Vehicle Assembly Building, Cape Canaveral, FL) is required to have--
    (A) 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:
    (1) Ungalvanized or uncoated iron wire with a diameter not exceeding 
0.041 inches (1.0 mm), that is, 19 gauge wire.
    (2) Galvanic timed-release mechanisms with a letter grade 
designation (degradability index) no higher than J.
    (B) An unobstructed escape vent opening on at least two opposite 
vertical sides, excluding top and bottom. The minimum dimensions of an 
escape vent opening (based on inside measurement) are:
    (1) 1\1/8\ by 5\3/4\ inches (2.9 by 14.6 cm) for a rectangular vent.
    (2) 1.75 by 1.75 inches (4.5 by 4.5 cm) for a square vent.
    (3) 2.0-inch (5.1-cm) diameter for a round vent.
    (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 or 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)

[[Page 155]]

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 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(b) 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 buoy line or 
mainline attached to a golden crab trap, except that wire cable is 
allowed for a mainline through December 31, 2000.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 62 
FR 13988, Mar. 25, 1997; 63 FR 10568, Mar. 4, 1998; 63 FR 38303, July 
16, 1998; 63 FR 57590, Oct. 28, 1998; 64 FR 3628, Jan. 25, 1999]



Sec. 622.41  Species specific limitations.

    (a) Aquacultured live rock. In the Gulf or South Atlantic EEZ:

[[Page 156]]

    (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 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) Coastal migratory pelagic fish--(1) Authorized gear. Subject to 
the prohibitions on gear/methods specified in Sec. 622.31, the following 
are the only fishing gears that may be used in the Gulf, Mid-Atlantic, 
and South Atlantic EEZ in directed fisheries for coastal migratory 
pelagic fish:
    (i) King mackerel, Atlantic migratory group--
    (A) North of 34 deg.37.3' N. lat., the latitude of Cape Lookout 
Light, NC--all gear except drift gillnet and long gillnet.
    (B) South of 34 deg.37.3' N. lat.--automatic reel, bandit gear, 
handline, and rod and reel.
    (ii) King mackerel, Gulf migratory group--hook-and-line gear and 
run-around gillnet.
    (iii) Spanish mackerel, Atlantic migratory group--automatic reel, 
bandit gear, handline, rod and reel, cast net, run-around gillnet, and 
stab net.

[[Page 157]]

    (iv) Spanish mackerel, Gulf migratory group--all gear except drift 
gillnet, long gillnet, and purse seine.
    (v) Cobia in the Mid-Atlantic and South Atlantic EEZ, dolphin in the 
South Atlantic EEZ, and little tunny in the South Atlantic EEZ south of 
34 deg.37.3' N. lat.--automatic reel, bandit gear, handline, rod and 
reel, and pelagic longline.
    (vi) Cero in the South Atlantic EEZ and little tunny in the South 
Atlantic EEZ north of 34 deg.37.3' N. lat.--all gear except drift 
gillnet and long gillnet.
    (vii) Bluefish, cero, cobia, dolphin, and little tunny in the Gulf 
EEZ--all gear except drift gillnet and long gillnet.
    (2) Unauthorized gear. Gear types other than those specified in 
paragraph (c)(1) of this section are unauthorized gear and the following 
possession limitations apply:
    (i) Long gillnets. A vessel with a long gillnet on board in, or that 
has fished on a trip in, the Gulf, Mid-Atlantic, or South Atlantic EEZ 
may not have on board on that trip a coastal migratory pelagic fish.
    (ii) Drift gillnets. A vessel with a drift gillnet on board in, or 
that has fished on a trip in, the Gulf EEZ may not have on board on that 
trip a coastal migratory pelagic fish.
    (iii) Other unauthorized gear. Except as specified in paragraph 
(c)(2)(iv) of this section, a person aboard a vessel with unauthorized 
gear other than a drift gillnet in the Gulf EEZ or a long gillnet on 
board in, or that has fished in, the EEZ where such gear is not 
authorized in paragraph (c)(1) of this section, is subject to the bag 
limit for king and Spanish mackerel specified in Sec. 622.39(c)(1)(ii) 
and to the limit on cobia specified in Sec. 622.32(c)(1).
    (iv) Exception for king mackerel in the Gulf EEZ. The provisions of 
this paragraph (c)(2)(iv) apply to king mackerel taken in the Gulf EEZ 
and to such king mackerel possessed in the Gulf. Paragraph (c)(2)(iii) 
of this section notwithstanding, a person aboard a vessel that has a 
valid commercial permit for king mackerel is not subject to the bag 
limit for king mackerel when the vessel has on board on a trip 
unauthorized gear other than a drift gillnet in the Gulf EEZ or a long 
gillnet. Thus, the following applies to a vessel that has a commercial 
permit for king mackerel:
    (A) Such vessel may use in the Gulf EEZ no unauthorized gear in a 
directed fishery for king mackerel.
    (B) If such a vessel has a drift gillnet or a long gillnet on board, 
no king mackerel may be possessed.
    (C) If such a vessel has unauthorized gear on board other than a 
drift gillnet in the Gulf EEZ or a long gillnet, the possession of king 
mackerel taken incidentally is restricted only by the closure provisions 
of Sec. 622.43(a)(3) and the trip limits specified in Sec. 622.44(a). 
See also paragraph (c)(4) of this section regarding the purse seine 
incidental catch allowance of king mackerel.
    (3) 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 
such EEZ, or having fished on a trip in such EEZ, with a gillnet on 
board that has a mesh size less than 4.75 (12.1 cm) inches, stretched 
mesh, may not possess on that trip an incidental catch of king mackerel 
that exceeds 10 percent, by number, of the total lawfully possessed 
Spanish mackerel on board.
    (ii) Spanish mackerel. (A) The minimum allowable mesh size for a 
gillnet used to fish for Spanish mackerel in the Gulf, Mid-Atlantic, or 
South Atlantic EEZ is 3.5 inches (8.9 cm), stretched mesh.
    (1) A vessel in the Gulf EEZ, or having fished on a trip in the Gulf 
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.
    (2) A vessel in the South Atlantic or Mid-Atlantic EEZ, or having 
fished on a trip in such EEZ, with a gillnet on board that has a mesh 
size less than 3.5 inches (8.9 cm), stretched mesh, may possess or land 
on the day of that trip no more than 500 lb (227 kg) of incidentally 
caught Spanish mackerel.
    (B) On board a vessel with a valid Spanish mackerel permit that is 
fishing for Spanish mackerel in, or that possesses Spanish mackerel in 
or from, the South Atlantic EEZ off Florida north of 25 deg.20.4' N. 
lat., which is a line

[[Page 158]]

directly east from the Dade/Monroe County, FL, boundary--
    (1) No person may fish with, set, place in the water, or have on 
board a gillnet with a float line longer than 800 yd (732 m).
    (2) No person may fish with, set, or place in the water more than 
one gillnet at any one time.
    (3) No more than two gillnets, including any net in use, may be 
possessed at any one time; provided, however, that if two gillnets, 
including any net in use, are possessed at any one time, they must have 
stretched mesh sizes (as allowed under the regulations) that differ by 
at least .25 inch (.64 cm).
    (4) No person may soak a gillnet for more than 1 hour. The soak 
period begins when the first mesh is placed in the water and ends either 
when the first mesh is retrieved back on board the vessel or the 
gathering of the gillnet is begun to facilitate retrieval on board the 
vessel, whichever occurs first; providing that, once the first mesh is 
retrieved or the gathering is begun, the retrieval is continuous until 
the gillnet is completely removed from the water.
    (5) The float line of each gillnet possessed, including any net in 
use, must have the distinctive floats specified in Sec. 622.6(b)(2).
    (4) 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)(2) of 
this section, in violation of the possession limits under paragraph 
(c)(2)(iii) 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 a directed fishery for snapper-grouper in 
the South Atlantic EEZ: Bandit gear, bottom longline, buoy gear, 
handline, rod and reel, sea bass pot, and spearfishing gear.
    (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 paragraphs (d)(3) through (d)(5) 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) Possession allowance regarding 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 
with a sink net on board, may retain, without regard to the limits 
specified in paragraph (d)(2)(ii) of this section, otherwise legal South 
Atlantic snapper-grouper taken with bandit gear, buoy gear, handline, 
rod and reel, or sea bass pot. For the

[[Page 159]]

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.
    (4) Possession allowance regarding bait nets. A vessel that has on 
board a commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the South Atlantic EEZ with no more than one 
bait net on board, may retain, without regard to the limits specified in 
paragraph (d)(2)(ii) of this section, otherwise legal South Atlantic 
snapper-grouper taken with bandit gear, buoy gear, handline, rod and 
reel, or sea bass pot. For the purpose of this paragraph (d)(4), a bait 
net is a gillnet not exceeding 50 ft (15.2 m) in length or 10 ft (3.1 m) 
in height with stretched mesh measurements of 1.5 inches (3.8 cm) or 
smaller that is attached to the vessel when deployed.
    (5) Possession allowance regarding cast nets. A vessel that has on 
board a commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the South Atlantic EEZ with a cast net on 
board, may retain, without regard to the limits specified in paragraph 
(d)(2)(ii) of this section, otherwise legal South Atlantic snapper-
grouper taken with bandit gear, buoy gear, handline, rod and reel, or 
sea bass pot. For the purpose of this paragraph (d)(5), a cast net is a 
cone-shaped net thrown by hand and designed to spread out and capture 
fish as the weighted circumference sinks to the bottom and comes 
together when pulled by a line.
    (6) Longline species limitation. A vessel that has on board a valid 
Federal commercial permit for South Atlantic snapper-grouper, excluding 
wreckfish, that fishes in the EEZ on a trip with a longline on board, 
may possess only the following South Atlantic snapper-grouper: snowy 
grouper, warsaw grouper, yellowedge grouper, misty grouper, golden 
tilefish, blueline tilefish, and sand tilefish. For the purpose 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 on any reel, and gangions are on board. Removal of 
any one of these three elements constitutes removal of a longline.
    (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.
    (f) Caribbean queen conch. In the Caribbean EEZ, no person may 
harvest queen conch by diving while using a device that provides a 
continuous air supply from the surface.
    (g) Shrimp in the South Atlantic--(1) BRD requirement. Except as 
exempted in paragraph (g)(3)(ii) of this section, on a penaeid shrimp 
trawler in the South Atlantic EEZ, each trawl net that is rigged for 
fishing and has a mesh size less than 2.50 inches (6.35 cm), as measured 
between the centers of opposite knots when pulled taut, and each try net 
that is rigged for fishing and has a headrope length longer than 16.0 ft 
(4.9 m), must have a certified BRD installed. A trawl net, or try net, 
is rigged for fishing if it is in the water, or if it is shackled, tied, 
or otherwise connected to a sled, door, or other device that spreads the 
net, or to a tow rope, cable, pole, or extension, either on board or 
attached to a shrimp trawler.
    (2) Certified BRDs. The following BRDs are certified for use by 
penaeid shrimp trawlers in the South Atlantic EEZ. Specifications of 
these certified BRDs are contained in Appendix D of this part.
    (i) Extended funnel.
    (ii) Expanded mesh.
    (iii) Fisheye.
    (3) Certification of BRDs--(i) A person who seeks to have a BRD 
certified for use in the South Atlantic EEZ must submit an application 
to test such BRD, conduct the testing, and submit to the RD the results 
of the test conducted and recorded in accordance with the Testing 
Protocol for BRD Certification, which along with forms and procedures, 
is included in the Bycatch Reduction Device Testing Protocol Manual 
which is available from the SAFMC, One Southpark Circle, Suite 306, 
Charleston, SC 29407-4699, and from the RD. A BRD that meets the 
certification criterion, as determined under

[[Page 160]]

the Testing Protocol for BRD Certification, will be added to the list of 
certified BRDs in paragraph (g)(2) of this section.
    (ii) A penaeid shrimp trawler that is authorized to test a BRD in 
the EEZ for possible certification, has such written authorization on 
board, and is conducting such test in accordance with the Testing 
Protocol for BRD Certification is granted a limited exemption from the 
BRD requirement specified in paragraph (g)(1) of this section. The 
exemption from the BRD requirement is limited to those trawls that are 
being used in the certification trials. All other trawls rigged for 
fishing must be equipped with certified BRDs.
    (h) Shrimp in the Gulf--(1) BRD requirement. (i) Except as exempted 
in paragraphs (h)(1)(ii) through (iv) and paragraph (h)(3)(iii) of this 
section, on a shrimp trawler in the Gulf EEZ shoreward of the 100-fathom 
(183-m) depth contour west of 85 deg.30' W. long., each net that is 
rigged for fishing must have a certified BRD installed. A trawl net is 
rigged for fishing if it is in the water, or if it is shackled, tied, or 
otherwise connected to a sled, door, or other device that spreads the 
net, or to a tow rope, cable, pole, or extension, either on board or 
attached to a shrimp trawler.
    (ii) A shrimp trawler is exempt from the requirement to have a 
certified BRD installed in each net provided that at least 90 percent 
(by weight) of all shrimp on board or offloaded from such trawler are 
royal red shrimp.
    (iii) A shrimp trawler is exempt from the requirement to have a BRD 
installed in a single try net with a headrope length of 16 ft (4.9 m) or 
less provided the single try net is either pulled immediately in front 
of another net or is not connected to another net.
    (iv) A shrimp trawler is exempt from the requirement to have a 
certified BRD installed in up to two rigid-frame roller trawls that are 
16 ft (4.9 m) or less in length used or possessed on board. A rigid-
frame roller trawl is a trawl that has a mouth formed by a rigid frame 
and a grid of rigid vertical bars; has rollers on the lower horizontal 
part of the frame to allow the trawl to roll over the bottom and any 
obstruction while being towed; and has no doors, boards, or similar 
devices attached to keep the mouth of the trawl open.
    (2) Certified BRDs. The following BRDs are certified for use by 
shrimp trawlers in the Gulf EEZ. Specifications of these certified BRDs 
are contained in Appendix D to this part.
    (i) Fisheye.
    (ii) Gulf fisheye.
    (iii) Jones-Davis.
    (3) Procedures for certification of additional BRDs. The process for 
the certification of additional BRDs consists of two phases--an optional 
pre-certification phase and a required certification phase.
    (i) Pre-certification. The pre-certification phase allows a person 
to test and evaluate a new BRD design for up to 60 days without being 
subject to the observer requirements and rigorous testing requirements 
specified for certification testing in the Gulf Of Mexico Bycatch 
Reduction Device Testing Protocol Manual.
    (A) A person who wants to conduct pre-certification phase testing 
must submit an application, as specified in the Gulf Of Mexico Bycatch 
Reduction Device Testing Protocol Manual, to the RD. The Gulf Of Mexico 
Bycatch Reduction Device Testing Protocol Manual, which is available 
from the RD, upon request, contains the application forms.
    (B) After reviewing the application, the RD will determine whether 
to issue a letter of authorization (LOA) to conduct pre-certification 
trials upon the vessel specified in the application. The RD will issue a 
pre-certification phase LOA if the BRD design is substantially unlike 
any BRD design previously determined not to meet the BRD certification 
criterion or, if the design is substantially similar to a BRD design 
previously determined not to meet the BRD certification criteria, and 
the application demonstrates that the design could meet the 
certification criterion through design revision or upon retesting (e.g., 
the application shows that statistical results could be improved upon 
retesting by such things as using a larger sample size than that 
previously used). If the RD authorizes

[[Page 161]]

pre-certification, the RD's letter of authorization must be on board the 
vessel during any trip involving the BRD testing.
    (ii) Certification. A person who proposes a BRD for certification 
for use in the Gulf EEZ must submit an application to test such BRD, 
conduct the testing, and submit the results of the test in accordance 
with the Gulf Of Mexico Bycatch Reduction Device Testing Protocol 
Manual. The RD will issue a LOA to conduct certification trials upon the 
vessel specified in the application if the RD finds that: The test plan 
meets the requirements of the protocol; the observer identified in the 
application is qualified and has no current or prior financial 
relationship with the entity seeking BRD certification; the application 
presents a BRD candidate substantially unlike BRDs previously determined 
not to meet the current bycatch reduction criterion, or the applicant 
has shown good cause for reconsideration (such as the likelihood of 
improved statistical results yielded from a larger sample size than that 
previously used); and for BRDs not previously tested for certification, 
the results of any pre-certification trials conducted have been reviewed 
and deemed to indicate a reasonable scientific basis for conducting 
certification testing. If authorization to conduct certification trials 
is denied, the RD will provide a letter of explanation to the applicant, 
together with relevant recommendations to address the deficiencies 
resulting in the denial. If a BRD meets the certification criterion, as 
determined under the testing protocol, NMFS will publish a notice in the 
Federal Register adding the BRD to the list of certified BRDs in 
paragraph (h)(2) of this section providing the specifications for the 
newly certified BRD, including any special conditions deemed appropriate 
based on the certification testing results.
    (iii) A shrimp trawler that is authorized to participate in the pre-
certification phase or to test a BRD in the EEZ for possible 
certification has such written authorization on board and is conducting 
such test in accordance with the Gulf Of Mexico Bycatch Reduction Device 
Testing Protocol Manual is granted a limited exemption from the BRD 
requirement specified in paragraph (h)(1) of this section. The exemption 
from the BRD requirement is limited to those trawls that are being used 
in the certification trials. All other trawls rigged for fishing must be 
equipped with certified BRDs.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43959, Aug. 27, 1996; 61 
FR 65484, Dec. 13, 1996; 62 FR 18539, Apr. 16, 1997; 63 FR 10568, Mar. 
4, 1998; 63 FR 18144, Apr. 14, 1998; 63 FR 38303, July 16, 1998; 64 FR 
3628, Jan. 25, 1999; 64 FR 36781, July 8, 1999; 64 FR 37694, July 13, 
1999; 64 FR 43941, Aug. 12, 1999; 64 FR 45459, Aug. 20, 1999; 64 FR 
52428, Sept. 29, 1999]



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 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--(1) Commercial quotas. The following quotas 
apply to persons who fish under commercial vessel permits for Gulf reef 
fish, as required under Sec. 622.4(a)(2)(v).
    (i) Red snapper--4.65 million lb (2.11 million kg), round weight, 
apportioned as follows:
    (A) 3.06 million lb (1.39 million kg) available at noon on February 
1 each year, subject to the closure provisions of Secs. 622.34(l) and 
622.43(a)(1)(i).
    (B) The remainder available at noon on September 1 each year, 
subject to the closure provisions of Secs. 622.34(l) and 
622.43(a)(1)(i).
    (ii) Deep-water groupers (i.e., yellowedge grouper, misty grouper, 
warsaw grouper, snowy grouper, and speckled hind), and, after the quota 
for shallow-water grouper is reached, scamp, combined--1.60 million lb 
(0.73 million kg), round weight.
    (iii) Shallow-water groupers (i.e., all groupers other than deep-
water groupers, jewfish, and Nassau grouper), including scamp before the 
quota for shallow-water groupers is reached,

[[Page 162]]

combined--9.80 million lb (4.45 million kg), round weight.
    (2) Recreational quota for red snapper. The following quota applies 
to persons who harvest red snapper other than under commercial vessel 
permits for Gulf reef fish and the commercial quota specified in 
paragraph (a)(1)(i) of this section--4.47 million lb (2.03 million kg), 
round weight.
    (3) Shallow-water groupers, that is, all groupers other than deep-
water groupers, jewfish, and Nassau grouper, 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 or 
Spanish mackerel, as required under Sec. 622.4(a)(2)(iii) or (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 3.39 million lb 
(1.54 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--2.34 million lb (1.06 million kg), which is 
further divided into quotas as follows:
    (1) Florida east coast subzone--1.17 million lb (0.53 million kg).
    (2) Florida west coast subzone--1.17 million lb (0.53 million kg), 
which is further divided into quotas by gear types as follows:
    (i) 585,000 lb (265,352 kg) for vessels fishing with hook-and-line 
gear.
    (ii) 585,000 lb (265,352 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--1.05 million lb (0.48 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of king mackerel is 3.12 million lb (1.42 million kg). No more 
than 0.40 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 3.99 
million lb (1.81 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of Spanish mackerel is 3.63 million lb (1.65 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.
    (3) Greater amberjack--1,169,931 lb (530,672 kg), gutted weight, 
that is, eviscerated but otherwise whole.
    (f) Wreckfish. The quota for wreckfish applies to wreckfish 
shareholders, or their employees, contractors, or agents, and is 2 
million lb (907,185 kg),

[[Page 163]]

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; 
62 FR 13988, Mar. 25, 1997; 62 FR 23674, May 1, 1997; 62 FR 46679, Sept. 
4, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 8356, Feb. 19, 1998; 63 FR 
10569, Mar. 4, 1998; 64 FR 3629, Jan. 25, 1999; 64 FR 45459, Aug. 20, 
1999]



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--(i) Commercial quotas. The bag and possession 
limits specified in Sec. 622.39(b) apply to all harvest or possession in 
or from the Gulf EEZ of the indicated species, and the sale or purchase 
of the indicated species taken from the Gulf EEZ is prohibited. In 
addition, the bag and possession limits for red snapper apply 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. However, the bag and possession limits for red 
snapper apply only when the recreational quota for red snapper has not 
been reached and the bag and possession limit has not been reduced to 
zero under paragraph (a)(1)(ii) of this section.
    (ii) Recreational quota for red snapper. The bag and possession 
limit for red snapper in or from the Gulf EEZ is zero.
    (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 
or Spanish mackerel has been issued, as required under 
Sec. 622.4(a)(2)(iii) or (iv), may not fish for king or Spanish mackerel 
in the EEZ or retain king or Spanish mackerel 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, except as provided for 
under paragraph (a)(3)(ii) of this section.
    (ii) A person aboard a vessel for which the permit indicates both 
charter vessel/headboat for coastal migratory pelagic fish and 
commercial king or Spanish mackerel 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--(i) Greater 
amberjack. The bag limit specified in Sec. 622.39(d)(1)(i) and the 
possession limits specified in Sec. 622.39(d)(2) apply to all harvest or 
possession of greater amberjack in or from the South Atlantic EEZ, and 
the sale or purchase of greater amberjack taken from the EEZ is 
prohibited. In addition, the bag and possession limits for greater 
amberjack and the prohibition on sale/purchase apply in the South 
Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such greater amberjack were 
harvested.
    (ii) Golden tilefish and snowy grouper. Golden tilefish and snowy 
grouper, for

[[Page 164]]

which there are quotas, are managed under the commercial trip limits 
specified in Sec. 622.44(c) 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, greater amberjack, or wreckfish in 
paragraphs (a)(1), (a)(3)(iii), (a)(4), (a)(5)(i), or (a)(6) of this 
section does not apply to the indicated species that were harvested, 
landed ashore, and 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.
    (c) Reopening. When a fishery has been closed based on a projection 
of the quota specified in Sec. 622.42 being reached and subsequent data 
indicate that the quota was not reached, the Assistant Administrator may 
file a notification to that effect with the Office of the Federal 
Register. Such notification may reopen the fishery to provide an 
opportunity for the quota to be reached.

[61 FR 34934, July 3, 1996, as amended at 62 FR 13988, Mar. 25, 1997; 62 
FR 46679, Sept. 4, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 10569, Mar. 
4, 1998; 64 FR 3629, Jan. 25, 1999]



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 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 (all weights are round or 
eviscerated weights):
    (a) King mackerel--(1) Atlantic group. The following trip limits 
apply to vessels for which commercial permits for king mackerel have 
been issued, as required under Sec. 622.4(a)(2)(iii):
    (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 50 fish 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 and western zones as follows. (See Sec. 622.42(c)(1)(i) for 
specification of the eastern and western zones and 
Sec. 622.42(c)(1)(i)(A)(3) for specifications of the subzones in the 
eastern zone.)
    (i) Eastern zone--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 
mackerel has been issued, as required under Sec. 622.4(a)(2)(iii), from 
November 1 each fishing year until the subzone's fishing

[[Page 165]]

year quota of king mackerel has been harvested or until March 31, 
whichever occurs first, in amounts not exceeding 50 fish per day.
    (ii) Eastern zone--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 
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 commercial permit for king mackerel, as required by 
Sec. 622.4(a)(2)(iii), 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 
1,250 lb (567 kg) 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 fishery for vessels fishing with hook-and-line gear has been 
effected under Sec. 622.43(a)--in amounts not exceeding 500 lb (227 kg) 
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.
    (iv) Western zone. In the western zone, king mackerel in or from the 
EEZ may be possessed on board or landed from a vessel for which a 
commercial permit for king mackerel has been issued, as required under 
Sec. 622.4(a)(2)(ii), from July 1, each fishing year, until a closure of 
the western zone's fishery has been effected under Sec. 622.43(a)--in 
amounts not exceeding 3,000 lb (1,361 kg) per day.
    (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 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 Spanish mackerel has been issued, as required 
under Sec. 622.4(a)(2)(iv)--
    (A) From April 1 through October 31, in amounts exceeding 1,500 lb 
(680 kg).
    (B) From November 1 until 75 percent of the adjusted quota is taken, 
in amounts as follows:
    (1) Mondays, Wednesdays, and Fridays--unlimited.
    (2) Tuesdays, Thursdays, Saturdays, and Sundays--not exceeding 1,500 
lb (680 kg).
    (C) After 75 percent of the adjusted quota is taken until 100 
percent of the adjusted quota is taken, in amounts not exceeding 1,500 
lb (680 kg).
    (D) After 100 percent of the adjusted quota is taken through the end 
of the fishing year, in amounts not exceeding 500 lb (227kg).
    (2) For the purpose of paragraph (b)(1)(ii) of this section, the 
adjusted

[[Page 166]]

quota is 3.38 million lb (1.53 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) South Atlantic snapper-grouper. When a vessel fishes on a trip 
in the South Atlantic EEZ, the vessel trip limits specified in this 
paragraph (c) apply, provided persons aboard the vessel are not subject 
to the bag limits. See Sec. 622.39(a) for applicability of the bag 
limits.
    (1) Trip-limited permits. A vessel for which a trip-limited permit 
for South Atlantic snapper-grouper has been issued is limited to 225 lb 
(102.1 kg) of snapper-grouper.
    (2) Golden tilefish. (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).
    (3) Snowy grouper. (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. (1) 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 Class 1 red snapper license is 2,000 lb (907 
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 Class 2 red snapper license is 200 lb (91 kg), round or 
eviscerated weight.
    (3) The trip limit for red snapper in or from the Gulf for any other 
vessel for which a commercial permit for Gulf reef fish has been issued 
is zero.
    (4) 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 that has been issued such 
permit--
    (i) May not possess red snapper in or from the Gulf in excess of the 
appropriate vessel trip limit, as specified in paragraphs (e)(1) through 
(3) of this section.
    (ii) May not transfer or receive at sea red snapper in or from the 
Gulf.
    (f) Caribbean queen conch. A person who fishes in the Caribbean EEZ 
and is not subject to the bag limit may not possess in or from the 
Caribbean EEZ more than 150 queen conch per day.

[61 FR 34934, July 3, 1996, as amended at 61 FR 48415, Sept. 13, 1996; 
61 FR 48851, Sept. 17, 1996; 61 FR 65484, Dec. 13, 1996; 62 FR 23674, 
May 1, 1997; 62 FR 67723, Dec. 30, 1997; 63 FR 8356, Feb. 19, 1998; 63 
FR 10569, Mar. 4, 1998; 63 FR 38303, July 16, 1998; 64 FR 45459, Aug. 
20, 1999]



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.

[[Page 167]]

    (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 snapper-grouper, as required under Sec. 622.4(a)(2)(vi), 
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.
    (5) During March and April, no person may sell or purchase a red 
porgy, gag, or black grouper harvested from the South Atlantic EEZ or, 
if harvested by a vessel for which a valid Federal commercial or charter 
vessel/headboat permit for South Atlantic snapper-grouper has been 
issued, harvested from the South Atlantic. The prohibition on sale/
purchase during March and April does not apply to red porgy, gag, or 
black grouper that were harvested, landed ashore, and sold prior to 
March 1 and were held in cold storage by a dealer or processor. This 
prohibition also does not apply to a dealer's purchase or sale of red 
porgy, gag, or black grouper harvested from an area other than the South 
Atlantic, provided such fish is accompanied by documentation of harvest 
outside the South Atlantic. Such documentation must contain:
    (i) The information specified in 50 CFR part 300 subpart K for 
marking containers or packages of fish or wildlife that are imported, 
exported, or transported in interstate commerce;
    (ii) The official number, name, and home port of the vessel 
harvesting the red porgy, gag, or black grouper;
    (iii) The port and date of offloading from the vessel harvesting the 
red porgy, gag, or black grouper; and
    (iv) A statement signed by the dealer attesting that the red porgy, 
gag, or black grouper was harvested from an area other than the South 
Atlantic.

[[Page 168]]

    (6) During April, no person may sell or purchase a greater amberjack 
harvested from the South Atlantic EEZ or, if harvested by a vessel for 
which a valid Federal commercial or charter vessel/headboat permit for 
South Atlantic snapper-grouper has been issued, harvested from the South 
Atlantic. The prohibition on sale/purchase during April does not apply 
to greater amberjack that were harvested, landed ashore, and sold prior 
to April 1 and were held in cold storage by a dealer or processor. This 
prohibition also does not apply to a dealer's purchase or sale of 
greater amberjack harvested from an area other than the South Atlantic, 
provided such fish is accompanied by documentation of harvest outside 
the South Atlantic. Such documentation must contain:
    (i) The information specified in 50 CFR part 300 subpart K for 
marking containers or packages of fish or wildlife that are imported, 
exported, or transported in interstate commerce;
    (ii) The official number, name, and home port of the vessel 
harvesting the greater amberjack;
    (iii) The port and date of offloading from the vessel harvesting the 
greater amberjack; and
    (iv) A statement signed by the dealer attesting that the greater 
amberjack was harvested from an area other than the South Atlantic.
    (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. 622.4(a)(2)(x), 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.
    (h) Cut-off (damaged) king mackerel. A cut-off (damaged) king 
mackerel lawfully possessed or offloaded ashore, as specified in 
Sec. 622.38(h), may not be sold or purchased.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996; 61 
FR 47449, Sept. 9, 1996; 63 FR 10569, Mar. 4, 1998; 63 FR 57590, Oct. 
28, 1998; 64 FR 3629, Jan. 25, 1999]

    Effective Date Note: At 64 FR 48326, Sept. 3, 1999, Sec. 622.45 was 
amended by suspending paragraph (d)(5) and adding paragraph (d)(7), 
effective Sept. 8, 1999, through Mar. 1, 2000. For the convenience of 
the user, the added text is set forth as follows:



Sec. 622.45  Restrictions on sale/purchase.

                                * * * * *

    (d) * * *
    (7) During March and April, no person may sell or purchase a gag or 
black grouper harvested from the South Atlantic EEZ or, if harvested by 
a vessel for which a valid Federal commercial or charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued, harvested 
from the South Atlantic. The prohibition on sale/purchase during March 
and April does not apply to gag or black grouper that were harvested, 
landed ashore, and sold

[[Page 169]]

prior to March 1 and were held in cold storage by a dealer or processor. 
This prohibition also does not apply to a dealer's purchase or sale of 
gag or black grouper harvested from an area other than the South 
Atlantic, provided such fish is accompanied by documentation of harvest 
outside the South Atlantic. Such documentation must contain:
    (i) The information specified in 50 CFR part 300 subpart K for 
marking containers or packages of fish or wildlife that are imported, 
exported, or transported in interstate commerce;
    (ii) The official number, name, and home port of the vessel 
harvesting the gag or black grouper;
    (iii) The port and date of offloading from the vessel harvesting the 
gag or black grouper; and
    (iv) A statement signed by the dealer attesting that the gag or 
black grouper was harvested from an area other than the South Atlantic.

                                * * * * *



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.
    (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 a migratory 
group of king or Spanish mackerel: MSY, overfishing level, TAC, quota 
(including a quota of zero), bag limit (including a bag limit of zero), 
minimum size limit, vessel trip limits, closed seasons or areas,

[[Page 170]]

gear restrictions (ranging from regulation to complete prohibition), 
reallocation of the commercial/recreational allocation of Atlantic group 
Spanish mackerel, and permit requirements.
    (d) Gulf reef fish. (1) For a species or species group: Target date 
for rebuilding an 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.
    (h) South Atlantic shrimp. BRD certification criteria, BRD 
specifications, BRD testing protocol, certified BRDs, nets required to 
use BRDs, and times and locations when the use of BRDs is required.
    (i) Gulf shrimp. Bycatch reduction criteria, BRD certification and 
decertification criteria, BRD testing protocol, certified BRDs, and BRD 
specifications.

[61 FR 34934, July 3, 1996, as amended at 61 FR 43960, Aug. 27, 1996; 62 
FR 13988, Mar. 25, 1997; 62 FR 18539, Apr. 16, 1997; 63 FR 10569, Mar. 
4, 1998; 63 FR 18144, Apr. 14, 1998; 64 FR 36781, July 8, 1999]

                 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
    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

[[Page 171]]

    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
    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.

[[Page 172]]

    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
    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

[[Page 173]]

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
    Queen triggerfish, Balistes vetula
Carangidae--Jacks
    Greater amberjack, Seriola dumerili
    Lesser amberjack, Seriola fasciata
    Almaco jack, Seriola rivoliana
    Banded rudderfish, Seriola zonata
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--Groupers
    Dwarf sand perch, Diplectrum bivittatum

[[Page 174]]

    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

    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
    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 calamus
    Whitebone porgy, Calamus leucosteus
    Knobbed porgy, Calamus nodosus
    Red porgy, Pagrus pagrus
    Longspine porgy, Stenotomus caprinus
    Scup, Stenotomus chrysops

[61 FR 34934, July 3, 1996, as amended at 62 FR 13988, Mar. 25, 1997; 62 
FR 67723, Dec. 30, 1997]

                   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           24 deg.48.0'       82 deg.48.0'
 waters north of Dry Tortugas.....
 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'

[[Page 175]]

 
 5  Off Anclote Keys--Offshore....       28 deg.10.0'       83 deg.45.0'
 6  Southeast corner of Florida          28 deg.11.0'       84 deg.00.0'
 Middle Ground....................
 7  Southwest corner of Florida          28 deg.11.0'       84 deg.07.0'
 Middle Ground....................
 8  West corner of Florida Middle        28 deg.26.6'       84 deg.24.8'
 Ground...........................
 9  Northwest corner of Florida          28 deg.42.5'       84 deg.24.8'
 Middle Ground....................
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       29 deg.21.0'       85 deg.30.0'
 bell buoy--20 fathoms............
13  South of Cape San Blas lighted       28 deg.58.7'       85 deg.30.0'
 bell buoy--50 fathoms............
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            29 deg.14.5'       88 deg.28.0'
 Mississippi River................
18  South of Southwest Pass of the       28 deg.46.5'       89 deg.26.0'
 Mississippi River................
19  Northwest tip of Mississippi         28 deg.38.5'       90 deg.08.5'
 Canyon...........................
20  West side of Mississippi             28 deg.34.5'       89 deg.59.5'
 Canyon...........................
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            24 deg.45.5'       82 deg.41.5'
 waters northeast of Dry Tortugas.
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           29 deg.35.5'       84 deg.38.6'
 waters east of Cape St. George...
Thence westerly along the seaward
 limit of Florida's waters to:
11  Seaward limit of Florida's           29 deg.32.2'       85 deg.27.1'
 waters south of Cape San Blas....
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             29 deg.34.5'       87 deg.38.0'
 border...........................
16  Off Mobile Bay................       29 deg.41.0'       88 deg.00.0'
17  South of Alabama/Mississippi         30 deg.01.5'       88 deg.23.7'
 border...........................
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         29 deg.16.3'       89 deg.00.0'
 waters off North Pass of the
 Mississippi River................
Thence southerly and westerly
 along the seaward limit of
 Louisiana's waters to:
21  Seaward limit of Louisiana's         28 deg.57.3'       89 deg.28.2'
 waters off Southwest Pass of the
 Mississippi River................
22  Southeast of Grand Isle.......       29 deg.09.0'       89 deg.47.0'
23  Quick flashing horn buoy south       28 deg.32.5'       90 deg.42.0'
 of Isles Dernieres...............
24  Southeast of Calcasieu Pass...       29 deg.10.0'       92 deg.37.0'
25  South of Sabine Pass--10             29 deg.09.0'       93 deg.41.0'
 fathoms..........................
26  South of Sabine Pass--30             28 deg.21.5'       93 deg.28.0'
 fathoms..........................
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 176]]

            Appendix C to Part 622--Fish Length Measurements
      [GRAPHIC] [TIFF OMITTED] TR03JY96.000
      
           Figure 1 of Appendix C to Part 622--Carapace Length

[[Page 177]]

[GRAPHIC] [TIFF OMITTED] TR25JA99.001


[61 FR 34934, July 3, 1996, as amended at 64 FR 3630, Jan. 25, 1999]

        Appendix D to Part 622--Specifications for Certified BRDs

    A. Extended Funnel.
    1. Description. The extended funnel BRD consists of an extension 
with large-mesh webbing in the center (the large-mesh escape section) 
and small-mesh webbing on each end held open by a semi-rigid hoop. A 
funnel of small-mesh webbing is placed inside the extension to form a 
passage for shrimp to the

[[Page 178]]

codend. It also creates an area of reduced water flow to allow for fish 
escapement through the large mesh. One side of the funnel is extended 
vertically to form a lead panel and area of reduced water flow. There 
are two sizes of extended funnel BRDs, a standard size and an inshore 
size for small trawls.
    2. Minimum Construction and Installation Requirements for Standard 
Size.
    (a) Extension Material. The small-mesh sections used on both sides 
of the large-mesh escape section are constructed of 1\5/8\ inch (4.13 
cm), No. 30 stretched mesh, nylon webbing. The front section is 120 
meshes around by 6\1/2\ meshes deep. The back section is 120 meshes 
around by 23 meshes deep.
    (b) Large-Mesh Escape Section. The large-mesh escape section is 
constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, webbing. 
This section is cut on the bar to form a section that is 15 inches (38.1 
cm) in length by 95 inches (241.3 cm) in circumference. The leading edge 
is attached to the 6\1/2\-mesh extension section and the rear edge is 
attached to the 23-mesh extension section.
    (c) Funnel. The funnel is constructed of 1\1/2\ inch (3.81 cm), 
stretched mesh, No. 30 depth-stretched and heat-set polyethylene 
webbing. The circumference of the leading edge is 120 meshes and the 
back edge is 78 meshes. The short side of the funnel is 34 to 36 inches 
(86.4 to 91.4 cm) long and the opposite side of the funnel extends an 
additional 22 to 24 inches (55.9 to 61.0 cm). The circumference of the 
leading edge of the funnel is attached to the forward small-mesh section 
three meshes forward of the large-mesh escape section and is evenly 
sewn, mesh for mesh, to the small-mesh section. The after edge of the 
funnel is attached to the after small-mesh section at its top and bottom 
eight meshes back from the large-mesh escape panel. Seven meshes of the 
top and seven meshes of the bottom of the funnel are attached to eight 
meshes at the top and bottom of the small-mesh section, such eight 
meshes being located immediately adjacent to the top and bottom centers 
of the small-mesh section on the side of the funnel's extended side. The 
extended side of the funnel is sewn at its top and bottom to the top and 
bottom of the small-mesh section, extending at an angle toward the top 
and bottom centers of the small-mesh section.
    (d) Semi-Rigid Hoop. A 30-inch (76.2-cm) diameter hoop constructed 
of plastic-coated trawl cable, swaged together with a \3/8\-inch (9.53-
mm) micropress sleeve, is installed five meshes behind the trailing edge 
of the large-mesh escape section. The extension webbing must be laced to 
the ring around the entire circumference and must be equally distributed 
on the hoop, that is, 30 meshes must be evenly attached to each 
quadrant.
    (e) Installation. The extended funnel BRD is attached 8 inches (20.3 
cm) behind the posterior edge of the TED. If it is attached behind a 
soft TED, a second semi-rigid hoop, as prescribed in paragraph A.2.(d), 
must be installed in the front section of the BRD extension webbing at 
the leading edge of the funnel. The codend of the trawl net is attached 
to the trailing edge of the BRD.
    3. Minimum Construction and Installation Requirements for Inshore 
Size.
    (a) Extension Material. The small-mesh sections used on both sides 
of the large-mesh escape section are constructed of 1\3/8\ inch (3.5 
cm), No. 18 stretched mesh, nylon webbing. The front section is 120 
meshes around by 6\1/2\ meshes deep. The back section is 120 meshes 
around by 23 meshes deep.
    (b) Large-Mesh Escape Section. The large-mesh escape section is 
constructed of 8 to 10 inch (20.3 to 25.4 cm), stretched mesh, webbing. 
This section is cut on the bar to form a section that is 15 inches (38.1 
cm) by 75 inches (190.5 cm) in circumference. The leading edge is 
attached to the 6\1/2\-mesh extension section and the rear edge is 
attached to the 23-mesh extension section.
    (c) Funnel. The funnel is constructed of 1\3/8\ inch (3.5 cm), 
stretched mesh, No. 18 depth-stretched and heat-set polyethylene 
webbing. The circumference of the leading edge is 120 meshes and the 
back edge is 78 meshes. The short side of the funnel is 30 to 32 inches 
(76.2 to 81.3 cm) long and the opposite side of the funnel extends an 
additional 20 to 22 inches (50.8 to 55.9 cm). The circumference of the 
leading edge of the funnel is attached to the forward small-mesh section 
three meshes forward of the large-mesh escape section and is evenly 
sewn, mesh for mesh, to the small-mesh section. The after edge of the 
funnel is attached to the after small-mesh section at its top and bottom 
eight meshes back from the large-mesh escape panel. Seven meshes of the 
top and seven meshes of the bottom of the funnel are attached to eight 
meshes at the top and bottom of the small-mesh section, such eight 
meshes being located immediately adjacent to the top and bottom centers 
of the small-mesh section on the side of the funnel's extended side. The 
extended side of the funnel is sewn at its top and bottom to the top and 
bottom of the small-mesh section, extending at an angle toward the top 
and bottom centers of the small-mesh section.
    (d) Semi-Rigid Hoop. A 24-inch (61.0-cm) diameter hoop constructed 
of plastic-coated trawl cable, swaged together with a \3/8\-inch (9.53-
mm) micropress sleeve, is installed five meshes behind the trailing edge 
of the large mesh section. The extension webbing must be laced to the 
ring around the entire circumference and must be equally distributed on 
the hoop, that is, 30 meshes must be evenly attached to each quadrant.

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    (e) Installation. The extended funnel BRD is attached 8 inches (20.3 
cm) behind the posterior edge of the TED. If it is attached behind a 
soft TED, a second semi-rigid hoop, as prescribed in paragraph A.3.(d), 
must be installed in the front section of the BRD extension webbing at 
the leading edge of the funnel. The codend of the trawl net is attached 
to the trailing edge of the BRD.
    B. Expanded Mesh. The expanded mesh BRD is constructed and installed 
exactly the same as the standard size extended funnel BRD, except that 
one side of the funnel is not extended to form a lead panel.
    C. Fisheye.
    1. Description. The fisheye BRD is a cone-shaped rigid frame 
constructed from aluminum or steel rod of at least \1/4\ inch diameter, 
which is inserted into the codend to form an escape opening. Fisheyes of 
several different shapes and sizes have been tested in different 
positions in the codend.
    2. Minimum Construction and Installation Requirements. The fisheye 
has a minimum opening dimension of 5 inches (12.7 cm) and a minimum 
total opening area of 36 square inches (91.4 square cm). The fisheye 
must be installed at the top center of the codend of the trawl to create 
an opening in the trawl facing in the direction of the mouth of the 
trawl no further forward than 11 ft (3.4 m) from the codend drawstring 
(tie-off rings) or 70 percent of the distance between the codend 
drawstring and the forward edge of the codend, excluding any extension, 
whichever is the shorter distance. In the Gulf EEZ only, when the 
fisheye BRD is installed in this position, no part of the lazy line 
attachment system (i.e., any mechanism, such as elephant ears or choker 
straps, used to attach the lazy line to the codend) may overlap the 
fisheye escape opening when the fisheye is installed aft of the 
attachment point of the codend retrieval system.
    D. Gulf fisheye.
    1. Description. The Gulf fisheye BRD is a cone-shaped rigid frame 
constructed from aluminum or steel that is inserted into the top center 
of the codend, or is offset not more than 15 meshes perpendicular to the 
top center of the codend, to form an escape opening.
    2. Minimum Construction and Installation Requirements. The Gulf 
fisheye is a cone-shaped rigid frame constructed of aluminum or steel 
rods. The rods must be at least \1/4\-inch (6.35-mm) diameter. Any 
dimension of the escape opening must be at least 5.0 inches (12.7 cm), 
and the total escape opening area must be at least 36.0 in2 
(232.3 cm2). The Gulf fisheye must be installed in the codend 
of the trawl to create an escape opening in the trawl, facing in the 
direction of the mouth of the trawl, no further forward than 12.5 ft 
(3.81 m) and no less than 8.5 ft (2.59 m) from the codend tie-off rings. 
When installed in this position, no part of the lazy line attachment 
system (i.e., any mechanism, such as elephant ears or choker straps, 
used to attach the lazy line to the codend) may overlap the fisheye 
escape opening when the fisheye is installed aft of the attachment point 
of the codend retrieval system. The Gulf fisheye may not be offset more 
than 15 meshes perpendicular to the top center of the codend.
    E. Jones-Davis.
    1. Description. The Jones-Davis BRD is similar to the expanded mesh 
and the extended funnel BRDs except that the fish escape openings are 
windows cut around the funnel rather than large-mesh sections. In 
addition, a webbing cone fish deflector is installed behind the funnel.
    2. Minimum Construction and Installation Requirements. The Jones-
Davis BRD must contain all of the following.
    (a) Webbing extension. The webbing extension must be constructed 
from a single piece of 1\5/8\-inch (3.5-cm) stretch mesh number 30 nylon 
42 meshes by 120 meshes. A tube is formed from the extension webbing by 
sewing the 42-mesh side together.
    (b) 28-inch (71.1-cm) cable hoop. A single hoop must be constructed 
of \1/2\-inch (1.3-cm) steel cable 88 inches (223.5 cm) in length. The 
cable must be joined at its ends by a 3-inch (7.6-cm) piece of \1/2\-
inch (1.3-cm) aluminum pipe and pressed with a \3/8\-inch (0.95-cm) die 
to form a hoop. The inside diameter of this hoop must be between 27 and 
29 inches (68.6 and 73.7 cm). The hoop must be attached to the extension 
webbing 17\1/2\ meshes behind the leading edge. The extension webbing 
must be quartered and attached in four places around the hoop, and every 
other mesh must be attached all the way around the hoop using number 24 
twine or larger. The hoop must be laced with \3/8\-inch (0.95-cm) 
polypropylene or polyethylene rope for chaffing.
    (c) 24-inch (61.0-cm) hoop. A single hoop must be constructed of 
either number 60 twine 80 inches (203.2 cm) in length or \3/8\-inch 
(0.95-cm) steel cable 75\1/2\ inches (191.8 cm) in length. If twine is 
used, the twine must be laced in and out of the extension webbing 39 
meshes behind the leading edge, and the ends must be tied together. If 
cable is used, the cable must be joined at its ends by a 3-inch (7.6-cm) 
piece of \3/8\-inch (0.95-cm) aluminum pipe and pressed together with a 
\1/4\-inch (0.64-cm) die to form a hoop. The inside diameter of this 
hoop must be between 23 and 25 inches (58.4 and 63.4 cm). The hoop must 
be attached to the extension webbing 39 meshes behind the leading edge. 
The extension webbing must be quartered and attached in four places 
around the hoop, and every other mesh must be attached all the way 
around the hoop using number 24 twine or larger. The hoop must be laced 
with \3/8\-inch (0.95-cm) polypropylene or polyethylene rope for 
chaffing.

[[Page 180]]

    (d) Funnel. The funnel must be constructed from four sections of 
1\1/2\-inch (3.8-cm) heat-set and depth-stretched polypropylene or 
polyethylene webbing. The two side sections must be rectangular in 
shape, 29\1/2\ meshes on the leading edge by 23 meshes deep. The top and 
bottom sections are 29\1/2\ meshes on the leading edge by 23 meshes deep 
and tapered 1 point 2 bars on both sides down to 8 meshes across the 
back. The four sections must be sewn together down the 23-mesh edge to 
form the funnel.
    (e) Attachment of the funnel in the webbing extension. The funnel 
must be installed two meshes behind the leading edge of the extension 
starting at the center seam of the extension and the center mesh of the 
funnel's top section leading edge. On the same row of meshes, the funnel 
must be sewn evenly all the way around the inside of the extension. The 
funnel's top and bottom back edges must be attached one mesh behind the 
28-inch (71.1-cm) cable hoop (front hoop). Starting at the top center 
seam, the back edge of the top funnel section must be attached four 
meshes each side of the center. Counting around 60 meshes from the top 
center, the back edge of the bottom section must be attached 4 meshes on 
each side of the bottom center. Clearance between the side of the funnel 
and the 28-inch (71.1-cm) cable hoop (front hoop) must be at least 6 
inches (15.2 cm) when measured in the hanging position.
    (f) Cutting the escape openings. The leading edge of the escape 
opening must be located within 18 inches (45.7 cm) of the posterior edge 
of the turtle excluder device (TED) grid. The area of the escape opening 
must total at least 864 in2 (5,574.2 cm2). Two 
escape openings 10 meshes wide by 13 meshes deep must be cut 6 meshes 
apart in the extension webbing, starting at the top center extension 
seam, 3 meshes back from the leading edge and 16 meshes to the left and 
to the right (total of four openings). The four escape openings must be 
double selvaged for strength.
    (g) Alternative Method for Constructing the Funnel and Escape 
Openings. The following method for constructing the funnel and escape 
openings may be used instead of the method described in paragraphs 
F.2.d., F.2.e., and F.2.f. of this section. With this alternative 
method, the funnel and escape openings are formed by cutting a flap in 
each side of the extension webbing; pushing the flaps inward; and 
attaching the top and bottom edges along the bars of the extension 
webbing to form the v-shape of the funnel. Minimum requirements 
applicable to this method include: (1) The funnel's top and bottom back 
edges must be attached one mesh behind the 28-inch (71.1-cm) cable hoop 
(front hoop); (2) clearance between the side of the funnel and the 28-
inch (71.1-cm) cable hoop (front hoop) must be at least 6 inches (15.2 
cm) when measured in the hanging position; (3) the leading edge of the 
escape opening must be located within 18 inches (45.7 cm) of the 
posterior edge of the turtle excluder device (TED) grid; and, (4) the 
area of the escape opening must total at least 864 in2 
(5,574.2 cm2). To construct the funnel and escape openings 
using this method, begin 3\1/2\ meshes from the leading edge of the 
extension, at the top center seam, count over 18 meshes on each side, 
and cut 13 meshes toward the back of the extension. Turn parallel to the 
leading edge, and cut 26 meshes toward the bottom center of the 
extension. Next, turn parallel to the top center seam, and cut 13 meshes 
forward toward the leading edge, creating a flap of webbing 13 meshes by 
26 meshes by 13 meshes. Lengthen the flap to 18 meshes by adding a 4\1/
2\-mesh by 26-mesh rectangular section of webbing to the 26-mesh edge. 
Attach the 18-mesh edges to the top and bottom of the extension by 
sewing 2 bars of the extension to 1 mesh on the flap in toward the top 
center and bottom center of the extension, forming the exit opening and 
the funnel. Connect the two flaps together in the center with a 7-inch 
piece of number 42 twine to allow adequate clearance for fish escapement 
between the flaps and the side openings. On each side, sew a 6-mesh by 
10\1/2\-mesh section of webbing to 6 meshes of the center of the 26-mesh 
cut on the extension and 6 meshes centered between the 13-mesh cuts 3\1/
2\ meshes from the leading edge. This forms two 10-mesh by 13-mesh 
openings on each side.
    (h) Cone fish deflector. The cone fish deflector is constructed of 2 
pieces of 1\5/8\-inch (4.13-cm) polypropylene or polyethylene webbing, 
40 meshes wide by 20 meshes in length and cut on the bar on each side 
forming a triangle. Starting at the apex of the two triangles, the two 
pieces must be sewn together to form a cone of webbing. The apex of the 
cone fish deflector must be positioned within 10-14 inches (25.4-35.6 
cm) of the posterior edge of the funnel.
    (i) 11-inch (27.9-cm) cable hoop for cone deflector. A single hoop 
must be constructed of \5/16\-inch (0.79-cm) or \3/8\-inch (0.95-cm) 
cable 34\1/2\ inches (87.6 cm) in length. The ends must be joined by a 
3-inch (7.6-cm) piece of \3/8\-inch (0.95-cm) aluminum pipe pressed 
together with a \1/4\-inch (0.64-cm) die. The hoop must be inserted in 
the webbing cone, attached 10 meshes from the apex and laced all the way 
around with heavy twine.
    (j) Installation of the cone in the extension. The cone must be 
installed in the extension 12 inches (30.5 cm) behind the back edge of 
the funnel and attached in four places. The midpoint of a piece of 
number 60 twine 4 ft (1.22 m) in length must be attached to the apex of 
the cone. This piece of twine must be attached to the 28-inch (71.1-cm) 
cable hoop at the center of each of its sides; the points of attachment 
for the two pieces of twine must be measured 20 inches (50.8 cm) from

[[Page 181]]

the midpoint attachment. Two 8-inch (20.3-cm) pieces of number 60 twine 
must be attached to the top and bottom of the 11-inch (27.9-cm) cone 
hoop. The opposite ends of these two pieces of twine must be attached to 
the top and bottom center of the 24-inch (61-cm) cable hoop; the points 
of attachment for the two pieces of twine must be measured 4 inches 
(10.2 cm) from the points where they are tied to the 11-inch (27.9-cm) 
cone hoop.

[62 FR 18539, Apr. 16, 1997, as amended at 64 FR 37694, July 13, 1999]



PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES--Table of Contents




                           Subpart A--General

Sec.
635.1  Purpose and scope.
635.2  Definitions.
635.3  Relation to other laws.
635.4  Permits and fees.
635.5  Recordkeeping and reporting.
635.6  Vessel and gear identification.
635.7  At-sea observer coverage.

                        Subpart B--Limited Access

635.16  Limited access permits.

                     Subpart C--Management Measures

635.20  Size limits.
635.21  Gear operation and deployment restrictions.
635.22  Recreational retention limits.
635.23  Retention limits for BFT.
635.24  Commercial retention limits for sharks and swordfish.
635.25  [Reserved]
635.26  Catch and release.
635.27  Quotas.
635.28  Closures.
635.29  Transfer at sea.
635.30  Possession at sea and landing.
635.31  Restrictions on sale and purchase.
635.32  Specifically authorized activities.
635.33  Archival tags.
635.34  Adjustment of management measures.

                   Subpart D--Restrictions on Imports

635.40  Restrictions to enhance conservation.
635.41  Species subject to documentation requirements.
635.42  Documentation requirements.
635.43  Contents of documentation.
635.44  Validation requirements.
635.45  Import restrictions for Belize, Honduras, and Panama.
635.46  Import restrictions on swordfish.
635.47  Ports of entry.

                Subpart E--International Port Inspection

635.50  Basis and purpose.
635.51  Authorized officer.
635.52  Vessels subject to inspection.
635.53  Reports.

                         Subpart F--Enforcement

635.69  Vessel monitoring systems.
635.70  Penalties.
635.71  Prohibitions.

Appendix A to Part 635--Species Tables

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

    Source: 64 FR 29135, May 28, 1999, unless otherwise noted.



                           Subpart A--General



Sec. 635.1  Purpose and scope.

    (a) The regulations in this part govern the conservation and 
management of Atlantic tunas, Atlantic billfish, Atlantic sharks, and 
Atlantic swordfish under the authority of the Magnuson-Stevens Act and 
ATCA. They implement the Fishery Management Plan for Atlantic Tunas, 
Swordfish, and Sharks, and the Fishery Management Plan for Atlantic 
Billfishes. The Atlantic tunas regulations govern conservation and 
management of Atlantic tunas in the management unit. The Atlantic 
billfish regulations govern conservation and management of Atlantic 
billfish in the management unit. The Atlantic swordfish regulations 
govern conservation and management of North and South Atlantic swordfish 
in the management unit. North Atlantic swordfish are managed under the 
authority of both ATCA and the Magnuson-Stevens Act. South Atlantic 
swordfish are managed under the sole authority of ATCA. The shark 
regulations govern conservation and management of sharks in the 
management unit, solely under the authority of the Magnuson-Stevens Act. 
Sharks are managed under the authority of the Magnuson-Stevens Act.
    (b) Under section 9(d) of ATCA, NMFS has determined that the 
regulations contained in this part with respect to Atlantic tunas are 
applicable within the territorial sea of the United States adjacent to, 
and within the boundaries of, the States of New Hampshire, 
Massachusetts, Rhode Island, New York, New Jersey, Delaware,

[[Page 182]]

Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, 
Alabama, Louisiana and Texas, and the Commonwealths of Puerto Rico and 
the Virgin Islands. NMFS will undertake a continuing review of State 
regulations to determine if regulations applicable to Atlantic tunas, 
swordfish or billfish are at least as restrictive as regulations 
contained in this part and if such regulations are effectively enforced. 
In such case, NMFS will file with the Office of the Federal Register for 
publication notification of the basis for the determination and of the 
specific regulations that shall or shall not apply in the territorial 
sea of the identified State.



Sec. 635.2  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act, ATCA, 
and Sec. 600.10 of this chapter, the terms used in this part have 
following meanings. If applicable, the terms used in this part supercede 
those used in Sec. 600.10:
    Archival tag means a device that is implanted or affixed to a fish 
to electronically record scientific information about the migratory 
behavior of that fish.
    ATCA Certificate of Eligibility (COE) means the certificate that 
must accompany any applicable shipment of fish pursuant to a finding 
under 16 U.S.C. 971d (c)(4) or (c)(5).
    Atlantic HMS means Atlantic tunas, billfish, sharks, and swordfish.
    Atlantic Ocean, as used in this part, includes the North and South 
Atlantic Oceans, the Gulf of Mexico, and the Caribbean Sea.
    BFT landings quota means the portion of the ICCAT BFT catch quota 
allocated to the United States against which landings of BFT are 
counted.
    Billfish Certificate of Eligibility (COE) means a certificate that 
accompanies a shipment of billfish indicating that the billfish or 
related species, or parts thereof, are not from the respective Atlantic 
Ocean management units.
    BSD tag means a numbered tag affixed to a BFT issued by any country 
in conjunction with a catch statistics information program and recorded 
on a BSD.
    Caudal keel means the horizontal ridges along each side of a fish at 
the base of the tail fin.
    CFL (curved fork length) means the length of a fish measured from 
the tip of the upper jaw to the fork of the tail along the contour of 
the body in a line that runs along the top of the pectoral fin and the 
top of the caudal keel.
    CK means the length of a fish measured along the body contour, i.e., 
a curved measurement, from the point on the cleithrum that provides the 
shortest possible measurement along the body contour to the anterior 
portion of the caudal keel. The cleithrum is the semicircular bony 
structure at the posterior edge of the gill opening.
    Convention means the International Convention for the Conservation 
of Atlantic Tunas, signed at Rio de Janeiro, Brazil, on May 14, 1966, 20 
U.S.T. 2887, TIAS 6767, including any amendments or protocols thereto, 
which are binding upon the United States.
    Conventional tag means a numbered, flexible ribbon that is implanted 
or affixed to a fish that is released back into the ocean that allows 
for the identification of that fish in the event it is recaptured.
    Dealer tag means the numbered, flexible, self-locking ribbon issued 
by NMFS for the identification of BFT sold to a permitted dealer as 
required under Sec. 635.5(b)(2)(ii).
    Dehooking device means a device intended to remove a hook embedded 
in a fish in order to release the fish with minimum damage.
    Designated by NMFS means the address or location indicated in a 
letter to permit holders or in a letter accompanying reporting forms.
    Division Chief means the Chief, Highly Migratory Species Management 
Division, NMFS (F/SF1), 1315 East-West Highway, Silver Spring, MD, 
20910; (301) 713-2347.
    Downrigger means a piece of equipment attached to a vessel and with 
a weight on a cable that is in turn attached to hook-and-line gear to 
maintain lures or bait at depth while trolling. The downrigger has a 
release system to retrieve the weight by rod and reel or by manual, 
electric, or hydraulic winch after a fish strike on the hook-and-line 
gear.

[[Page 183]]

    Dress means to process a fish by removal of head, viscera, and fins, 
but does not include removal of the backbone, halving, quartering, or 
otherwise further reducing the carcass.
    Dressed weight (dw) means the weight of a fish after it has been 
dressed.
    EFP means an exempted fishing permit issued pursuant to Sec. 600.745 
of this chapter or to Sec. 635.32.
    Eviscerated means a fish that has only the alimentary organs 
removed.
    Export means a shipment to a destination outside the customs 
territory of the United States for which a Shipper's Export Declaration 
(Customs Form 7525) is required. Atlantic HMS destined from one foreign 
country to another, which transits the United States and for which a 
Shipper's Export Declaration is not required to be filed, is not an 
export under this definition.
    Exporter means the principal party responsible for effecting export 
from the United States as listed on the Shipper's Export Declaration 
(Customs Form 7525) or any authorized electronic medium available from 
U.S. Customs.
    Finlet means one of the small individual fins on a tuna located 
behind the second dorsal and anal fins and forward of the tail fin.
    First transaction in the United States means the time and place at 
which a fish is filleted, cut into steaks, or processed in any way that 
physically alters it after being landed in or imported into the United 
States.
    Fishing record means all records of navigation and operations of a 
fishing vessel, as well as all records of catching, harvesting, 
transporting, landing, purchasing, or selling a fish.
    Fishing vessel means any vessel engaged in fishing, processing, or 
transporting fish loaded on the high seas, or any vessel outfitted for 
such activities.
    Fishing year means--
    (1) For Atlantic tunas, billfish, and swordfish--June 1 through May 
31 of the following year; and
    (2) For sharks--January 1 through December 31.
    FL (fork length) means the straight-line measurement of a fish from 
the tip of the snout to the fork of the tail. The measurement is not 
made along the curve of the body.
    Giant BFT means an Atlantic BFT measuring 81 inches (206 cm) CFL or 
greater.
    Handgear means handline, harpoon, rod and reel or bandit gear.
    High-flyer means a flag, radar reflector, or radio beacon 
transmitter attached to a longline.
    Highly migratory species (HMS) means bluefin, bigeye, yellowfin, 
albacore, and skipjack tunas; swordfish; sharks (listed in appendix A to 
this part); white marlin; blue marlin; sailfish; and longbill spearfish.
    ILAP means an initial limited access permit issued pursuant to 
Sec. 635.4.
    Import means the release of HMS from a nation's Customs' custody and 
entry into the territory of that nation. HMS are imported into the 
United States upon release from U.S. Customs' custody pursuant to filing 
an entry summary document (Customs Form 7501) or filing by any 
authorized electronic medium. HMS destined from one foreign country to 
another, which transit the United States and for which an entry summary 
is not required to be filed, are not an import under this definition.
    Importer, for the purpose of HMS imported into the United States, 
means the importer of record as declared on U.S. Customs Form 7501 or by 
any authorized electronic medium.
    Intermediate country means a country that exports to another country 
HMS previously imported by that nation. Shipments of HMS through a 
country on a through bill of lading or in another manner that does not 
enter the shipments into that country as an importation do not make that 
country an intermediate country under this definition.
    LAP means a limited access permit issued pursuant to Sec. 635.4.
    Large coastal shark (LCS) means one of the species, or a part 
thereof, listed in paragraph (a) of table 1 in appendix A to this part.
    Large medium BFT means a BFT measuring at least 73 inches (185 cm) 
and less than 81 inches (206 cm) CFL.
    Large school BFT means a BFT measuring at least 47 inches (119 cm) 
and less than 59 inches (150 cm) CFL.
    LJFL (lower jaw-fork length) means the straight-line measurement of 
a fish

[[Page 184]]

from the tip of the lower jaw to the fork of the caudal fin. The 
measurement is not made along the curve of the body.
    Management unit means in this part:
    (1) For Atlantic tunas, longbill spearfish, blue marlin and white 
marlin, means all fish of these species in the Atlantic Ocean;
    (2) For sailfish, means all fish of this species in the Atlantic 
Ocean west of 30 deg. W. long.;
    (3) For North Atlantic swordfish, means all fish of this species in 
the Atlantic Ocean north of 5 deg. N. lat.;
    (4) For South Atlantic swordfish, means all fish of this species in 
the Atlantic Ocean south of 5 deg. N. lat.; and
    (5) For sharks, means all fish of these species in the western north 
Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea.
    Mid-Atlantic Bight means the area bounded by straight lines 
connecting the mid-Atlantic states' internal waters and extending to 
71 deg. W. long. between 35 deg. N. lat. and 43 deg. N. lat.
    Non-ridgeback large coastal shark means one of the species, or a 
part thereof, listed in paragraph (a)(2) of table 1 in appendix A to 
this part.
    North Atlantic swordfish or North Atlantic swordfish stock means 
those swordfish occurring in the Atlantic Ocean north of 5 deg. N. lat.
    Northeastern United States closed area means the area bounded by 
straight lines connecting the following coordinates in the order stated: 
40 deg.00' N. lat., 74 deg.00' W. long.; 40 deg.00' N. lat., 68 deg.00' 
W. long.; 39 deg.00' N. lat., 68 deg.00' W. long.; and 39 deg.00' N. 
lat., 74 deg.00' W. long.
    Operator, with respect to any vessel, means the master or other 
individual aboard and in charge of that vessel.
    Pectoral fin means the fin located behind the gill cover on either 
side of a fish.
    Pelagic shark means one of the species, or a part thereof, listed in 
paragraph (c) of table 1 in appendix A to this part.
    PFCFL (pectoral fin curved fork length) means the length of a 
beheaded fish from the dorsal insertion of the pectoral fin to the fork 
of the tail measured along the contour of the body in a line that runs 
along the top of the pectoral fin and the top of the caudal keel.
    Prohibited shark means one of the species, or a part thereof, listed 
in paragraph (d) of table 1 in appendix A to this part.
    Restricted-fishing day (RFD) means a day, beginning at 0000 hours 
and ending at 2400 hours local time, during which a person aboard a 
vessel for which a General category permit for Atlantic Tunas has been 
issued may not fish for, possess, or retain a BFT.
    Ridgeback large coastal shark means one of the species, or a part 
thereof, listed in paragraph (a)(1) of table 1 in appendix A to this 
part.
    School BFT means a BFT measuring at least 27 inches (69 cm) and less 
than 47 inches (119 cm) CFL.
    Shark means one of the oceanic species, or a part thereof, listed in 
tables 1 and 2 in appendix A to this part.
    Small coastal shark (SCS) means one of the species, or a part 
thereof, listed in paragraph (b) of table 1 in appendix A to this part.
    Small medium BFT means a BFT measuring at least 59 inches (150 cm) 
and less than 73 inches (185 cm) CFL.
    South Atlantic swordfish or south Atlantic swordfish stock means 
those swordfish occurring in the Atlantic Ocean south of 5 deg. N. lat.
    Swordfish Certificate of Eligibility (COE) means the certificate 
that accompanies a shipment of imported swordfish indicating that the 
swordfish or swordfish parts are not from the Atlantic Ocean or, if they 
are, are derived from a swordfish weighing more than 33 lb (15 kg) dw.
    Tournament means any fishing competition involving Atlantic HMS in 
which participants must register or otherwise enter or in which a prize 
or award is offered for catching or landing such fish.
    Tournament operator means a person or entity responsible for 
maintaining records of participants and results used for awarding 
tournament points or prizes, regardless of whether fish are retained.
    Trip limit means the total allowable take from a single trip as 
defined in Sec. 600.10 of this chapter.
    Weighout slip means a document provided to the owner or operator of 
the

[[Page 185]]

vessel by a person who weighs fish or parts thereof that are landed from 
a fishing vessel. A document, such as a ``tally sheet,'' ``trip 
ticket,'' or ``sales receipt,'' that contains such information is 
considered a weighout slip.
    Young school BFT means an Atlantic BFT measuring less than 27 inches 
(69 cm) CFL.



Sec. 635.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705 of this chapter and in paragraphs (b) and (c) of this 
section.
    (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 fisheries for HMS in the Atlantic Ocean, 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 part 229 of this 
title.
    (c) 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 Sec. 600.740 of this chapter, 
respectively.
    (d) 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. 635.32.



Sec. 635.4  Permits and fees.

    Information on permits and permit requirements may be obtained from 
the Division Chief or where otherwise stated in this part.
    (a) General. (1) Authorized activities. Each permit issued by NMFS 
authorizes certain activities, and persons may not conduct these 
activities without the appropriate permit, unless otherwise authorized 
by NMFS in accordance with this part.
    (2) Vessel permit inspection. The owner or operator of a vessel of 
the United States must have the appropriate valid permit on board the 
vessel to fish for, take, retain, or possess Atlantic tunas, when 
engaged in commercial or recreational fishing, and to fish for, take, 
retain or possess Atlantic swordfish or sharks when engaged in 
commercial fishing. The vessel operator and must make such permit 
available for inspection upon request by NMFS or a person authorized by 
NMFS. The owner of the vessel is responsible for satisfying all of the 
requirements associated with obtaining, maintaining, and making 
available for inspection, all valid vessel permits.
    (3) Property rights. Limited access vessel permits or any other 
permit 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, 
limited access vessel permits represent only a harvesting privilege that 
may be revoked, suspended, or amended subject to the requirements of the 
Magnuson-Stevens Act or other applicable law.
    (4) Dealer permit inspection. A dealer permit issued under this 
section, or a copy thereof, must be available at each of the dealer's 
places of business. A dealer must present the permit or a copy for 
inspection upon the request of a NMFS-authorized officer.
    (5) Display upon offloading. Upon transfer of Atlantic HMS, the 
owner or operator of the harvesting vessel must present for inspection 
the vessel's Atlantic tunas, shark, or swordfish permit to the receiving 
dealer. The permit must be presented prior to completing any applicable 
landing report specified at Sec. 635.5(a)(1), (a)(2) and (b)(2)(i).
    (6) Sanctions and denials. A permit issued under 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.
    (7) Alteration. A vessel or dealer permit that is altered, erased, 
mutilated, or otherwise modified is invalid.
    (8) Replacement. NMFS may issue a replacement permit upon the 
request of the permittee. An application for a replacement permit will 
not be considered a new application. An appropriate fee, consistent with 
paragraph (b) of

[[Page 186]]

this section, may be charged for issuance of the replacement permit.
    (9) Fees. NMFS may charge a fee for each application for a permit or 
for each transfer or replacement of a permit. The amount of the fee is 
calculated in accordance with the procedures of the NOAA Finance 
Handbook, available from NMFS, for determining administrative costs of 
each special product or service. The fee may not exceed such costs and 
is specified in the instructions provided with each application form. 
Each applicant must include the appropriate fee with each application or 
request for transfer or replacement. A permit will not be issued to 
anyone who fails to pay the fee.
    (b) HMS Charter/Headboat Permits. (1) The owner of a charter boat or 
headboat used to fish for, take, retain, or possess any Atlantic HMS 
must obtain an HMS Charter/Headboat permit.
    (2) While persons aboard a vessel that has been issued an HMS 
Charter/Headboat permit are fishing for or are in possession of Atlantic 
HMS, the operator of the vessel must have a valid Merchant Marine 
License or Uninspected Passenger Vessel License, as applicable, issued 
by the U.S. Coast Guard pursuant to regulations at 46 CFR part 10. Such 
Coast Guard license must be carried on board the vessel.
    (c) [Reserved]
    (d) Atlantic Tunas vessel permits. (1) The owner of each vessel used 
to fish for or take Atlantic tunas or on which Atlantic tunas are 
retained or possessed must obtain, in addition to any other required 
permits, a permit in one and only one of the following categories: 
Angling, Charter/Headboat, General, Harpoon, Longline, Purse Seine, or 
Trap.
    (2) Persons aboard a vessel with a valid Atlantic Tunas vessel 
permit or a valid HMS Charter/Headboat permit may fish for, take, 
retain, or possess Atlantic tunas, but only in compliance with the 
quotas, catch limits, size classes, and gear applicable to the permit 
category of the vessel from which he or she is fishing. Persons may sell 
Atlantic tunas only if the harvesting vessel's valid permit is in the 
General, Harpoon, Charter/Headboat, Longline, Purse Seine, or Trap 
category of the Atlantic Tunas permit or is a valid HMS Charter/Headboat 
permit. Persons may not sell Atlantic tunas caught on board a vessel 
issued a permit in the Angling category.
    (3) Except for purse seine vessels for which that permit has been 
issued under this section, a vessel owner may change the category of the 
vessel's permit no more than once each year and only from January 1 
through May 15. From May 16 through December 31, the vessel's permit 
category may not be changed, regardless of a change in the vessel's 
ownership.
    (4) A person can obtain an Atlantic Tunas Longline category permit 
for a vessel only if the vessel has been issued both a limited access 
permit for shark and a limited access permit for swordfish. NMFS will 
issue Atlantic Tunas Longline category permits to qualifying vessels in 
calendar year 1999. Thereafter, such permits may be obtained through 
transfer from current owners consistent with the provisions under 
paragraph (l)(2) of this section.
    (5) An owner of a vessel with an Atlantic Tunas permit in the Purse 
Seine category may transfer the permit to another purse seine vessel 
that he or she owns. In either case, the owner must submit a written 
request for transfer to NMFS, to an address designated by NMFS, and 
attach an application for the new vessel and the existing permit. NMFS 
will issue no more than 5 Atlantic Tunas Purse Seine category permits.
    (e) Shark vessel LAPs. (1) As of July 1, 1999, the only valid 
Federal commercial vessel permits for shark are those that have been 
issued under the limited access criteria specified in Sec. 635.16.
    (2) The owner of each vessel used to fish for or take Atlantic 
sharks or on which Atlantic sharks are retained, possessed with an 
intention to sell, or sold must obtain, in addition to any other 
required permits, only one of two types of commercial limited access 
shark permits: Shark directed limited access permit or shark incidental 
limited access permit. See Sec. 635.16 regarding the initial issuance of 
these two types of permits. It is a rebuttable presumption that the 
owner or operator of a vessel on which sharks are possessed in excess of 
the recreational retention limits intends to sell the sharks.

[[Page 187]]

    (3) A commercial limited access permit for sharks is not required if 
the vessel is recreational fishing and retains no more sharks than the 
recreational retention limit, is operating pursuant to the conditions of 
a shark EFP, or that fishes exclusively within state waters.
    (4) An owner issued a permit pursuant to this part 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, persons aboard the vessel must abide by 
the state's more restrictive regulations.
    (f) Swordfish vessel LAPs.
    (1) The owner of each vessel used to fish for or take Atlantic 
swordfish or on which Atlantic swordfish are retained, possessed with an 
intention to sell, or sold must obtain, in addition to any other 
required permits, only one of three types of commercial limited access 
swordfish permits: swordfish directed limited access permit, swordfish 
incidental limited access permit, or swordfish handgear limited access 
permit. See Sec. 635.16 regarding the initial issuance of these three 
types of permits.
    (2) As of July 1, 1999, the only valid commercial Federal vessel 
permits for swordfish are those that have been issued under the limited 
access criteria specified in Sec. 635.16.
    (3) A commercial Federal permit for swordfish is not required if the 
vessel is recreational fishing.
    (4) Unless the owner has been issued a swordfish handgear permit, a 
limited access permit for swordfish is valid only when the vessel has on 
board a valid limited access permit for shark and a valid Atlantic Tunas 
Longline category permit issued for such vessel.
    (g) Dealer permits--(1) Atlantic tunas. A person that receives, 
purchases, trades for, or barters for Atlantic tunas from a fishing 
vessel of the United States or who imports or exports bluefin tuna, 
regardless of ocean area of origin, must possess a valid dealer permit.
    (2) Shark. A person that receives, purchases, trades for, or barters 
for Atlantic sharks from a fishing vessel of the United States must 
possess a valid dealer permit.
    (3) Swordfish. A person that receives, purchases, trades for, or 
barters for Atlantic swordfish from a fishing vessel of the United 
States or who imports swordfish, regardless of origin, must possess a 
valid dealer permit. Importation of swordfish by nonresident 
corporations is restricted to those entities authorized under 19 CFR 
141.18.
    (h) Applications for permits. An owner of a vessel or a dealer must 
submit to NMFS, at an address designated by NMFS, a complete application 
and required supporting documents at least 30 days before the date on 
which the permit is to be made effective. Application forms and 
instructions for their completion are available from NMFS.
    (1) Atlantic tunas vessel permits. (i) An applicant must provide all 
information concerning his or her identification, vessel, gear used, 
fishing areas, fisheries participated in, the corporation or partnership 
owning the vessel, and income requirements requested by NMFS and 
included on the application form.
    (ii) An applicant must also submit a copy of the vessel's valid U.S. 
Coast Guard documentation or, if not documented, a copy of its valid 
state registration and any other information that may be necessary for 
the issuance or administration of the permit as requested by NMFS. The 
owner must submit such information to an address designated by NMFS.
    (iii) NMFS may require an applicant to provide documentation 
supporting the application before a permit is issued or to substantiate 
why such permit should not be revoked or otherwise sanctioned under 
paragraph (a)(7) of this section.
    (2) Limited access permits for swordfish and shark. See Sec. 635.16 
for the issuance of ILAPs for shark and swordfish. See paragraph (l) of 
this section for transfers of ILAPs and LAPs for shark and swordfish. 
See paragraph (m) of this

[[Page 188]]

section for renewals of LAPs for shark and swordfish.
    (3) Dealer permits. (i) An applicant for a dealer permit must 
provide all the information requested on the application form necessary 
to identify the company, its principal place of business, and mechanisms 
by which the company can be contacted.
    (ii) An applicant must also submit a copy of each state wholesaler's 
license held by the dealer and, if a business is owned by a corporation 
or partnership, the corporate or partnership documents requested on the 
application form.
    (iii) An applicant must also submit any other information that may 
be necessary for the issuance or administration of the permit, as 
requested by NMFS.
    (i) Change in application information. A vessel owner or dealer must 
report any change in the information contained in an application for a 
permit within 30 days after such change. The report must be submitted in 
writing to NMFS, to an address designated by NMFS with the issuance of 
each permit. In the case of a vessel permit for Atlantic tunas or an HMS 
Charter/Headboat permit, the vessel owner or operator must report the 
change by phone or internet to a number or website designated by NMFS. A 
new permit will be issued to incorporate the new information, subject to 
limited access provisions specified in paragraph (l)(2) of this section. 
For certain information changes, NMFS may require supporting 
documentation before a new permit will be issued. If a change in the 
permit information is not reported within 30 days, the permit is void as 
of the 31st day after such change.
    (j) Permit issuance. (1) NMFS will issue a permit within 30 days of 
receipt of a complete and qualifying application. An application is 
complete when all requested forms, information, and documentation have 
been received, including all reports and fishing or catch information 
required to be submitted under this part.
    (2) NMFS will notify the applicant of any deficiency in the 
application, including failure to provide information or reports 
required to be submitted under this part. If the applicant fails to 
correct the deficiency within 30 days following the date of 
notification, the application will be considered abandoned.
    (3) For issuance of ILAPs for shark and swordfish, see Sec. 635.16.
    (k) Duration. A permit issued under this section will be valid for 
the period specified on it unless it is revoked, suspended, or modified 
pursuant to subpart D of 15 CFR part 904, the vessel or dealership is 
sold, or any other information previously submitted on the application 
changes, as specified in paragraph (i) of this section.
    (l) Transfer--(1) General. A permit issued under this section is not 
transferable or assignable to another vessel or owner or dealer; it is 
valid only for the vessel or owner or dealer to whom it is issued. If a 
person acquires a vessel or dealership and wants to conduct activities 
for which a permit is required, that person must apply for a permit in 
accordance with the provisions of paragraph (h) of this section or, if 
the acquired vessel is permitted in either the shark, swordfish or tuna 
longline fishery, in accordance with paragraph (l)(2) of this section. 
If the acquired vessel or dealership is currently permitted, an 
application must be accompanied by the original permit and by a copy of 
a signed bill of sale or equivalent acquisition papers.
    (2) Shark, swordfish, and tuna longline LAPs. (i) Subject to the 
restrictions on upgrading the harvesting capacity of permitted vessels 
in paragraph (l)(2)(ii) of this section and to the limitations on 
ownership of permitted vessels in paragraph (l)(2)(iii) of this section, 
an owner may transfer a shark or swordfish ILAP or LAP or an Atlantic 
Tunas Longline category permit to another vessel that he or she owns or 
to another person. Directed handgear ILAPs and LAPs for swordfish may be 
transferred to another vessel but only for use with handgear and subject 
to the upgrading restrictions in paragraph (l)(2)(ii) of this section 
and the limitations on ownership of permitted vessels in paragraph 
(l)(2)(iii) of this section. Incidental catch ILAPs and LAPs are not 
subject to the requirements specified in paragraphs (l)(2)(ii) and 
(l)(2)(iii) of this section.

[[Page 189]]

    (ii) An owner may upgrade a vessel with a shark, swordfish, or tuna 
longline limited access permit, or transfer the limited access permit to 
another vessel, and be eligible to retain or renew a limited access 
permit only if the upgrade or transfer does not result in an increase in 
horsepower of more than 20 percent or an increase of more than 10 
percent in length overall, gross registered tonnage, or net tonnage from 
the vessel baseline specifications.
    (A) The vessel baseline specifications are the respective 
specifications (length overall, gross registered tonnage, net tonnage, 
horsepower) of the first vessel that was issued an initial limited 
access permit or, if applicable, of that vessel's replacement owned as 
of May 28, 1999.
    (B) The vessel's horsepower may be increased only once subsequent to 
the issuance of a limited access permit, whether through refitting, 
replacement, or transfer. Such an increase may not exceed 20 percent of 
the horsepower of the vessel's baseline specifications, as applicable.
    (C) The vessel's length overall, gross registered tonnage, and net 
tonnage may be increased only once subsequent to the issuance of a 
limited access permit, whether through refitting, replacement, or 
transfer. Any increase in any of these three specifications of vessel 
size may not exceed 10 percent of the vessel's baseline specifications, 
as applicable. 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.
    (iii) No person or entity may own or control more than 5 percent of 
the vessels for which swordfish directed, shark directed or tuna 
longline limited access permits have been issued.
    (iv) In order to transfer a swordfish, shark or tuna longline 
limited access permit to a replacement vessel, the owner of the vessel 
issued the limited access permit must submit a request to NMFS, at an 
address designated by NMFS, to transfer the limited access permit to 
another vessel, subject to requirements specified in paragraph 
(l)(2)(ii) of this section, if applicable. The owner must return the 
current valid limited access permit to NMFS with a complete application 
for a limited access permit, as specified in paragraph (h) of this 
section, for the replacement vessel. Copies of both vessels' U.S. Coast 
Guard documentation or state registration must accompany the 
application.
    (v) For swordfish, shark, and tuna longline limited access permit 
transfers to a different person, the transferee must submit a request to 
NMFS, at an address designated by NMFS, to transfer the original limited 
access permit(s), subject to requirements specified in paragraphs 
(l)(2)(ii) and (l)(2)(iii) of this section, if applicable. The following 
must accompany the completed application: The original limited access 
permit(s) with signatures of both parties to the transaction on the back 
of the permit(s) and the bill of sale for the permit(s). A person must 
include copies of both vessels' U.S. Coast Guard documentation or state 
registration for limited access permit transfers involving vessels.
    (vi) For limited access permit transfers in conjunction with the 
sale of the permitted vessel, the transferee of the vessel and limited 
access permit(s) issued to that vessel must submit a request to NMFS, at 
an address designated by NMFS, to transfer the limited access permit(s), 
subject to requirements specified in paragraphs (l)(2)(ii) and 
(l)(2)(iii) of this section, if applicable. The following must accompany 
the completed application: The original limited access permit(s) with 
signatures of both parties to the transaction on the back of the 
permit(s), the bill of sale for the limited access permit(s) and the 
vessel, and a copy of the vessel's U.S. Coast Guard documentation or 
state registration.
    (vii) The owner of a vessel issued a limited access permit(s) who 
sells the permitted vessel but retains the limited access permit(s) must 
notify NMFS within 30 days after the sale of the change in application 
information in accordance with paragraph (i) of this section. If the 
owner wishes to transfer the limited access permit(s) to a replacement 
vessel, he/she must apply according to the procedures in paragraph 
(l)(2)(iv) of this section.

[[Page 190]]

    (viii) As specified in paragraph (f)(4) of this section, a directed 
or incidental ILAP or LAP for swordfish, a directed or an incidental 
catch ILAP or LAP for shark, and an Atlantic Tunas commercial category 
permit are required to retain swordfish. Accordingly, a LAP for 
swordfish obtained by transfer without either a directed or incidental 
catch shark LAP or an Atlantic tunas commercial category permit will not 
entitle an owner or operator to use a vessel to fish in the swordfish 
fishery.
    (ix) As specified in paragraph (d)(4) of this section, a directed or 
incidental ILAP or LAP for swordfish, a directed or an incidental catch 
ILAP or LAP for shark, and an Atlantic Tunas Longline category permit 
are required to retain Atlantic tunas taken by pelagic longline gear. 
Accordingly, an Atlantic Tunas Longline category permit obtained by 
transfer without either a directed or incidental catch swordfish or 
shark LAP will not entitle an owner or operator to use the permitted 
vessel to fish in the Atlantic tunas fishery with pelagic longline gear.
    (m) Renewal--(1) General. Persons must apply annually for a vessel 
or dealer permit for Atlantic tunas, sharks, and swordfish, and HMS 
Charter/Headboats. Persons must apply annually for an Atlantic tunas or 
HMS Charter/headboat vessel permit. A renewal application must be 
submitted to NMFS, at an address designated by NMFS, at least 30 days 
before a permit's expiration to avoid a lapse of permitted status. NMFS 
will renew a permit provided that the specific requirements for the 
requested permit are met, including those described in Sec. 635.4 
(l)(2), all reports required under the Magnuson-Stevens Act and ATCA 
have been submitted, including those described in Sec. 635.5, and the 
applicant is not subject to a permit sanction or denial under paragraph 
(a)(6) of this section.
    (2) Shark, swordfish, and tuna longline LAPs. As of June 1, 2000, 
the owner of a vessel of the United States that fishes for, possesses, 
lands or sells shark or swordfish from the management unit, or takes or 
possesses such shark or swordfish as incidental catch or that fishes for 
Atlantic tunas with longline gear must have the applicable limited 
access permit(s) issued pursuant to the requirements in Sec. 635.4, 
paragraphs (e) and (f). However, any ILAP that expires on June 30, 2000, 
is valid through that date. Only valid limited access permit holders in 
the preceding year are eligible for renewal of a limited access 
permit(s). Limited access permits that have been transferred according 
to the procedures of paragraph (l) of this section are not eligible for 
renewal by the transferor.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37703, July 13, 1999]

    Effective Date Note: At 64 FR 29137, May 28, 1999, Sec. 635.4 was 
added. Paragraph (b) has information collection requirements and will 
not become effective until Office of Management and Budget approval.



Sec. 635.5  Recordkeeping and reporting.

    Information on HMS vessel and dealer reporting requirements may be 
obtained from the Division Chief or where otherwise stated in this part.
    (a) Vessels--(1) Logbooks. If an owner of an HMS Charter/Headboat 
vessel, an Atlantic Tunas vessel, or a commercial shark or swordfish 
vessel, for which a permit has been issued under Sec. 635.4(c), (d), 
(e), or (f), is selected for logbook reporting in writing by NMFS, he or 
she must maintain and submit a fishing record on a logbook specified by 
NMFS. Entries are required regarding the vessel's fishing effort and the 
number of fish landed and discarded. Entries on a day's fishing 
activities must be entered on the form within 48 hours of completing 
that day's activities and, for a 1-day trip, before offloading. The 
owner or operator of the vessel must submit the logbook form(s) 
postmarked within 7 days of offloading all Atlantic HMS.
    (2) Weighout slips. If an owner of a permitted vessel is required to 
maintain and submit logbooks under paragraph (a)(1) of this section, and 
Atlantic HMS harvested on a trip are sold, the owner or operator must 
obtain and submit copies of weighout slips for those fish. Each weighout 
slip must show the dealer to whom the fish were transferred, the date 
they were transferred, and the carcass weight of each fish for which 
individual weights are normally recorded. For fish that are not 
individually weighed, a weighout

[[Page 191]]

slip must record total weights by species and market category. A 
weighout slip for sharks prior to or as part of a commercial transaction 
involving shark carcasses or fins must record the weights of carcasses 
and any detached fins. The owner or operator must also submit copies of 
weighout slips with the logbook forms required to be submitted under 
paragraph (a)(1) of this section.
    (3) BFT not sold. If a person who catches and lands a large medium 
or giant BFT from a vessel issued a permit in any of the commercial 
categories for Atlantic tunas does not sell or otherwise transfer the 
BFT to a dealer who has a dealer permit for Atlantic tunas, the person 
must contact a NMFS enforcement agent, at a number designated by NMFS, 
at the time of landing such BFT, provide the information needed for the 
reports required under paragraph (b)(2)(i) of this section, and, if 
requested, make the tuna available so that a NMFS enforcement agent or 
authorized officer may inspect the fish and attach a tag to it. 
Alternatively, such reporting requirement may be fulfilled if a dealer 
who has a dealer permit for Atlantic tunas reports the BFT as being 
landed but not sold on the reports required under paragraph (b)(2)(i) of 
this section. All BFT landed but not sold will be applied to the quota 
category according to the permit category of the vessel from which it 
was landed.
    (b) Dealers. Persons who have been issued a dealer permit under 
Sec. 635.4 must submit reports to NMFS, to an address designated by 
NMFS, and maintain records as follows:
    (1) Atlantic HMS. (i) Dealers that receive Atlantic swordfish and 
Atlantic sharks from U.S. vessels must report all Atlantic tunas 
(including BFT), Atlantic swordfish and Atlantic sharks received from 
U.S. vessels on a form available from NMFS.
    (ii) Dealers must report all imports of BFT and swordfish on forms 
available from NMFS.
    (iii) Reports of Atlantic swordfish and shark dealers, including 
reports of imported swordfish and bluefin tuna, received on the first 
through the 15th of each month must be postmarked no later than the 25th 
of that month. Reports of such fish received on the 16th through the 
last day of each month must be postmarked not later than the 10th of the 
following month. For swordfish imports, a dealer must attach a copy of 
each certificate of eligibility to the report required under paragraph 
(b)(1)(i) of this section. If a dealer has not received Atlantic 
swordfish or Atlantic sharks from U.S. vessels, during a reporting 
period, he or she must submit a report to NMFS, to an address designated 
by NMFS so stating, and the report must be postmarked as specified for 
the reporting period. A negative report is not necessary for Atlantic 
swordfish imports.
    (iv) The reporting requirement of paragraph (b)(1)(i) of this 
section may be satisfied by a dealer if he or she provides a copy of 
each appropriate weighout slip or sales record, provided such weighout 
slip or sales record by itself or combined with the form available from 
NMFS includes all of the required information and identifies each fish 
by species.
    (v) The dealer may mail or fax such report to an address designated 
by NMFS or may hand-deliver such report to a state or Federal fishery 
port agent designated by NMFS. If the dealer hand-delivers the report to 
a port agent, a dealer must deliver such report no later than the 
prescribed postmark date for the reporting period.
    (2) Requirements for BFT--(i) Reports of BFT. Each dealer must 
submit a completed landing report on each BFT received, to NMFS, at an 
address designated by NMFS, by electronic facsimile (fax) not later than 
24 hours from receipt of the fish. The landing report must be signed by 
the permitted vessel's owner or operator immediately upon transfer of 
the fish and must indicate the name and permit number of the vessel that 
landed the fish. The dealer must inspect the vessel's permit to verify 
that the required vessel name and vessel permit number as listed on the 
permit are correctly recorded on the landing report. The dealer must 
also submit a bi-weekly report on forms supplied by NMFS for transfers 
from U.S. vessels and for imports of BFT. For BFT received on the first 
through the 15th of each month, the

[[Page 192]]

dealer must submit the bi-weekly report forms to NMFS postmarked no 
later than the 25th of that month. Reports of receipt of such BFT 
received on the 16th through the last day of each month must be 
postmarked not later than the 10th of the following month.
    (ii) Dealer Tags. NMFS will issue numbered dealer tags to each 
person issued a dealer permit for Atlantic tunas under Sec. 635.4. A 
dealer tag is not transferable and is usable only by the dealer to whom 
it is issued. Dealer tags may not be reused once affixed to a tuna or 
recorded on a package, container, or report.
    (A) Affixing dealer tags. A dealer or a dealer's agent must affix a 
dealer tag to each BFT purchased or received immediately upon its 
offloading from a vessel. The dealer or dealer's agent must affix the 
tag to the tuna between the fifth dorsal finlet and the caudal keel.
    (B) Removal of dealer tags. A dealer tag affixed to any BFT under 
paragraph (b)(2)(ii)(A) of this section or a BSD tag affixed to an 
imported BFT must remain on the tuna until the tuna is cut into 
portions. If the BFT or BFT parts subsequently are packaged for 
transport for domestic commercial use or for export, the dealer or the 
BSD tag number must be written legibly and indelibly on the outside of 
any package or container. Such tag number must be recorded on any 
document accompanying shipment of BFT for commercial use or export.
    (3) Recordkeeping. Dealers must retain at their place of business a 
copy of each written report required under paragraphs (b)(1)(i) through 
(b)(1)(iii) and paragraph (b)(2)(i) of this section for a period of 2 
years from the date on which each report was required to be submitted.
    (c) Anglers. The owner of a vessel permitted in the Atlantic tunas 
Angling or Atlantic tunas or HMS Charter/Headboat category must report 
all BFT landed under the Angling category quota to NMFS through the 
automated catch reporting system by calling 1-888-USA-TUNA within 24 
hours of the landing. Alternative BFT reporting procedures may be 
established by NMFS in cooperation with states and may include such 
methodologies as telephone, dockside or mail surveys, mail in or phone-
in reports, tagging programs, or mandatory check-in stations. A census 
or a statistical sample of persons fishing under the Angling category 
may be used for these alternative reporting programs, and owners of 
selected vessels will be notified by NMFS or by the cooperating state 
agency of the requirements and procedures for reporting BFT. Each person 
so notified must comply with those requirements and procedures. 
Additionally, NMFS may determine that BFT landings reporting systems 
implemented by the states, if mandatory, at least as restrictive, and 
effectively enforced, are sufficient for Angling category quota 
monitoring. In such case, NMFS will file with the Office of the Federal 
Register for publication notification indicating that compliance with 
the state system satisfies the reporting requirement of this paragraph 
(c).
    (d) Tournament operators. A tournament operator must notify NMFS of 
the purpose, dates, and location of the tournament conducted from a port 
in an Atlantic coastal state, including the U.S. Virgin Islands and 
Puerto Rico, at least 4 weeks prior to commencement of the tournament. 
NMFS will notify a tournament operator in writing, when his or her 
tournament has been selected for reporting. The tournament operator that 
is selected must maintain and submit to NMFS a record of catch and 
effort on forms available from NMFS. Tournament operators must submit 
completed forms to NMFS, at an address designated by NMFS, postmarked no 
later than the 7th day after the conclusion of the tournament and must 
attach a copy of the tournament rules.
    (e) Inspection. Any person authorized to carry out enforcement 
activities under the regulations in this part has the authority, without 
warrant or other process, to inspect, at any reasonable time, catch on 
board a vessel or on the premises of a dealer, logbooks, catch reports, 
statistical records, sales receipts, or other records and reports 
required by this part to be made, kept, or furnished. An owner or 
operator of a fishing vessel that has been issued a permit under 
Sec. 635.4 must

[[Page 193]]

allow NMFS or an authorized person to inspect and copy any required 
reports and the records, in any form, on which the completed reports are 
based, wherever they exist. An agent of a person issued a vessel or 
dealer permit under this part, or anyone responsible for offloading, 
storing packing, or selling regulated HMS for such permittee, shall be 
subject to the inspection provisions of this section.
    (f) Additional data and inspection. Additional data on fishing 
effort directed at Atlantic HMS or on catch of Atlantic HMS, regardless 
of whether retained, may be collected by contractors and statistical 
reporting agents, as designees of NMFS, and by authorized officers. A 
person issued a permit under Sec. 635.4 is required to provide requested 
information about fishing activity, and a person, regardless of whether 
issued a permit under Sec. 635.4, who possesses an Atlantic HMS is 
required to make such fish or parts thereof available for inspection by 
NMFS or its designees upon request.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999]



Sec. 635.6  Vessel and gear identification.

    (a) Vessel number. For the purposes of this section, a vessel's 
number is the vessel's official number issued by either by the U.S. 
Coast Guard or by the appropriate state agency.
    (b) Vessel identification. (1) An owner or operator of a vessel for 
which a permit has been issued under Sec. 635.4 must display the 
vessel's number-
    (i) 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.
    (ii) In block arabic numerals permanently affixed to or painted on 
the vessel in contrasting color to the background.
    (iii) At least 18 inches (45.7 cm) in height for vessels over 65 ft 
(19.8 m) long and at least 10 inches (25.4 cm) in height for all other 
vessels.
    (2) The owner or operator of a vessel for which a permit has been 
issued under Sec. 635.4 must keep the vessel's number clearly legible 
and in good repair and ensure that no part of the vessel, its rigging, 
its fishing gear, or any other material on board obstructs the view of 
the vessel's number from an enforcement vessel or aircraft.
    (c) Gear identification. (1) The owner or operator of a vessel for 
which a permit has been issued under Sec. 635.4 and that uses a 
handline, harpoon, longline, or gillnet, must display the vessel's name, 
registration number or Atlantic Tunas permit number on each float 
attached to a handline or harpoon and on the terminal floats and high-
flyers (if applicable) on a longline or gillnet used by the vessel. The 
vessel's name or number must be at least 1 inch (2.5 cm) in height in 
block letters or arabic numerals in a color that contrasts with the 
background color of the float or high-flyer.
    (2) An unmarked handline, harpoon, longline, or gillnet, is illegal 
and may be disposed of in an appropriate manner by NMFS or an authorized 
officer.
    (3) In addition to gear marking requirements in this paragraph 
(c)(1), provisions on gear marking for the southeast U.S. shark gillnet 
fishery to implement the Atlantic Large Whale Take Reduction Plan are 
set forth in Sec. 229.32(b) of this title.



Sec. 635.7  At-sea observer coverage.

    (a) Applicability. NMFS may select for observer coverage any vessel 
that has an Atlantic HMS, tunas, shark or swordfish permit issued under 
Sec. 635.4. Vessels permitted in the HMS Charter/Headboat and Atlantic 
Tunas Angling and Charter/Headboat categories will be requested to take 
observers on a voluntary basis. When selected, vessels issued any other 
permit under Sec. 635.4 are required to take observers on a mandatory 
basis.
    (b) Selection of vessels. NMFS will notify a vessel owner, in 
writing, when his or her vessel is selected for observer coverage. 
Vessels will be selected to provide information on catch, bycatch and 
other fishery data according to the need for representative samples.
    (c) Notification of trips. The owner or operator of a vessel that is 
selected under paragraph (b) of this section must notify NMFS, at an 
address designated by NMFS, before commencing any fishing trip that may 
result in the incidental catch or harvest of Atlantic

[[Page 194]]

HMS. Notification procedures and information requirements such as 
expected gear deployment, trip duration and fishing area will be 
specified in a selection letter sent by NMFS.
    (d) Assignment of observers. Once notified of a trip, NMFS will 
assign an observer for that trip based on current information needs 
relative to the expected catch and bycatch likely to be associated with 
the indicated gear deployment, trip duration and fishing area. If an 
observer is not assigned for a fishing trip, NMFS will issue a waiver 
for that trip to the owner or operator of the selected vessel. If an 
observer is assigned for a trip, the operator of the selected vessel 
must arrange to embark the observer and shall not fish for or retain any 
Atlantic HMS unless the NMFS-assigned observer is aboard. 
Notwithstanding the above procedures for assignment or waiver, at no 
time shall a person aboard a vessel issued a directed shark ILAP or LAP 
under Sec. 635.4 fish for Atlantic sharks with a gillnet or possess 
sharks on board a vessel issued a directed shark ILAP or LAP with a 
gillnet on board unless a NMFS-approved observer is aboard the vessel.
    (e) Requirements. The owner or operator of a vessel on which a NMFS-
approved observer is embarked, regardless of whether required to carry 
the observer, must comply with Secs. 600.725 and 600.746 of this chapter 
and--
    (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.
    (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.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999]



                        Subpart B-Limited Access



Sec. 635.16  Limited access permits.

    As of July 1, 1999, the only valid commercial vessel permits for 
shark and swordfish are those that have been issued under the limited 
access criteria specified in this section. If the Federal commercial 
shark permit issued to the vessel owner prior to July 1, 1999, was based 
on the qualifications of the operator, then a shark limited access 
permit will be issued to the qualifying vessel owner, subject to the 
provisions in this part, with the requirement that the operator must be 
on board the vessel to fish for, take, retain, or possess Atlantic 
sharks in state or Federal waters. This requirement expires May 30, 
2000.
    (a) Eligibility requirements for ILAPs--(1) Directed permits. To be 
eligible for a directed ILAP in the shark or swordfish fishery, a vessel 
owner must demonstrate past participation in the respective fishery by 
having--
    (i) Been the owner of a vessel that was issued a valid permit for 
the respective fishery at any time from July 1, 1994, through December 
31, 1997.
    (ii) Documented shark or swordfish landings from the respective 
federally permitted vessel that he or she owned, of at least $5,000 per 
year in value or in number per year as follows--
    (A) One hundred and two sharks per year for any 2 calendar years, 
from January 1, 1991, through December 31, 1997, provided the landings 
after July 1, 1993, occurred when the permit was valid, or
    (B) Twenty-five swordfish per year for any 2 calendar years, from 
January 1, 1987, through December 31, 1997, provided the landings 
occurred when the permit was valid.
    (iii) Been the owner of a vessel in the respective fishery that--
    (A) Had a valid Federal shark permit at any time from January 1, 
1998, through December 31, 1998, or
    (B) Had a valid Federal swordfish permit at any time from June 1, 
1998, through November 30, 1998.

[[Page 195]]

    (2) Incidental catch permits. To be eligible for an incidental ILAP 
in the shark or swordfish fishery, a vessel owner must demonstrate past 
participation in the respective fishery by having--
    (i) Been the owner of a vessel that was issued a valid permit for 
the respective fishery at any time from July 1, 1994, through December 
31, 1997; and
    (ii) Documented landings from the respective federally permitted 
vessel that he or she owned of at least--
    (A) Seven sharks from January 1, 1991, through December 31, 1997, 
provided the landings after July 1, 1993, occurred when the permit was 
valid; or
    (B) Eleven swordfish from January 1, 1987, through December 31, 
1997, provided the landings occurred when the permit was valid; and
    (iii) Been the owner of a vessel in the respective fishery that--
    (A) Had a valid Federal shark permit at any time from January 1, 
1998, through December 31, 1998, or
    (B) Had a valid Federal swordfish permit at any time from June 1, 
1998, through November 30, 1998; and
    (iv) Met either the gross income from fishing or the gross sales of 
fish requirement specified in paragraph (a)(3)(i) or (ii) of this 
section; or
    (v) Been the owner of a vessel that had a permit for Atlantic tuna 
in the Incidental category at any time from January 1, 1998, through 
December 31, 1998; or
    (vi) Been the owner of a vessel that is eligible for a directed or 
incidental ILAP for swordfish (incidental shark ILAPs only).
    (3) Handgear permits. To be eligible for a swordfish handgear ILAP--
    (i) The owner's gross income from commercial fishing (i.e., harvest 
and first sale of fish) or from charter/headboat fishing must be more 
than 50 percent of his or her earned income, during one of the 3 
calendar years preceding the application, or
    (ii) The owner's gross sales of fish harvested from his or her 
vessel must have been more than $20,000, during one of the 3 calendar 
years preceding the application, or
    (iii) The owner must provide documentation of having been issued a 
swordfish permit for use with harpoon gear, or
    (iv) The owner must document his or her historical landings of 
swordfish with handgear through logbook records, verifiable sales slips 
or receipts from registered dealers or state landings records.
    (b) Landings histories. For the purposes of the landings history 
criteria in paragraphs (a)(1)(ii) and (a)(2)(ii) of this section:
    (1) The owner of a permitted vessel at the time of a landing retains 
credit for the landing unless ownership of the vessel and the landings 
history has been transferred and there is a written agreement signed by 
both parties to the transfer, or there is other credible written 
evidence that the original owner transferred the landings history to the 
new owner.
    (2) A vessel's landings history may not be divided among owners. A 
transfer of credit for landings history must be for the entire record of 
landings under the previous owner.
    (3) Vessel landings histories may not be consolidated among vessels. 
Owners may not pool landings histories to meet the eligibility 
requirements.
    (c) Alternative eligibility requirements for initial permits. (1) 
Persons who acquired ownership of a vessel and its landings history 
after December 31, 1997, are exempt from the requirement to have owned a 
federally permitted shark or swordfish vessel at any time during the 
period July 1, 1994, through December 31, 1997. The acquired landings 
history must meet the criteria for a directed or incidental catch permit 
specified in paragraph (a)(1)(ii)(A), (a)(1)(ii)(B), (a)(2)(ii)(A) or 
paragraph (a)(2)(ii)(B) of this section, and such persons must have had 
a valid Federal shark permit at any time from January 1, 1998, through 
December 31, 1998, or a valid Federal swordfish permit at any time from 
June 1, 1998, through November 30, 1998.
    (2) If a person first obtained a shark or swordfish permit in 1997, 
the required landings for a directed or incidental catch permit 
specified in paragraphs (a)(1)(ii) and (a)(2)(ii) are modified as 
follows:

[[Page 196]]

    (i) To qualify for a directed shark or swordfish ILAP, respectively, 
such persons must document landings from a federally permitted vessel of 
at least:
    (A) One hundred and two sharks in calendar year 1997, provided such 
landings occurred when the permit was valid, or
    (B) Twenty-five swordfish in calendar year 1997, provided such 
landings occurred when the permit was valid.
    (ii) To qualify for an incidental shark or swordfish catch ILAP, 
respectively, such persons must document landings from a federally 
permitted vessel of at least one shark or swordfish in calendar year 
1997, provided such landings occurred when the permit was valid.
    (d) Procedures for initial issuance of LAPs--(1) Notification of 
status. NMFS will send all written correspondence regarding limited 
access permits by certified mail.
    (i) Shortly after the final rule is published, the Division Chief 
will notify each owner of a vessel who had a valid Federal shark permit 
at any time from January 1, 1998, through December 31, 1998, each owner 
of a vessel who had a valid Federal swordfish permit at any time from 
June 1, 1998, through November 30, 1998, and each owner of a vessel that 
had a valid Atlantic tuna Incidental category permit at any time from 
January 1, 1998, through December 31, 1998, of the initial determination 
of the owner's eligibility for a directed or incidental catch ILAP. The 
Division Chief will make the initial determination based on the criteria 
in paragraphs (a)(1), (a)(2), and (c)(2) of this section and on records 
available to NMFS and mail the appropriate permit. The Division Chief 
will not make initial determinations of eligibility for a vessel permit 
under the alternative eligibility requirements specified in paragraph 
(a)(3) or (c)(1) of this section; persons that believe they qualify for 
a LAP under these criteria must apply to the Division Chief.
    (ii) If NMFS determines that all qualifications for a directed or 
incidental catch ILAP have been met and that no further action is 
required, the appropriate permit for the vessel will be included with 
the notification. An ILAP issued by NMFS will be valid through the 
expiration date indicated on the permit.
    (iii) A person must apply to the Division Chief for the appropriate 
permit if--
    (A) He or she does not agree with the initial determination;
    (B) He or she believes that he or she qualifies for a directed or 
incidental catch ILAP but did not receive a letter from the Division 
Chief regarding eligibility status; or
    (C) He or she believes that he or she qualifies for a swordfish 
handgear permit.
    (2) Applications for ILAPs. (i) Applicants may obtain application 
forms and instructions from the Division Chief. The vessel owner must 
submit a completed signed application form and all required supporting 
documents.
    (ii) An application for a directed or incidental catch ILAP must be 
submitted to the Division Chief postmarked no later than September 1, 
1999. An application for an initial swordfish handgear permit must be 
submitted to the Division Chief postmarked no later than December 1, 
1999. Any application received by the Division Chief after these dates 
will not be considered.
    (iii) Each application must be accompanied by documentation showing 
that the criteria for the requested permit have been met. Vessel 
landings of sharks in numbers of fish or value through June 30, 1993, 
may be documented by verifiable sales slips or receipts from registered 
dealers or by state landings records. Vessel landings of sharks in 
numbers of fish after July 1, 1993, and all vessel landings of swordfish 
in numbers of fish may be documented only by fishing vessel logbook 
records that NMFS received before March 2, 1998. Vessel landings of 
sharks or swordfish in value may be documented by verifiable sales slips 
or receipts from registered dealers or by state landings records. NMFS 
will not apply any landing of fish by number of fish or value that 
occurred when the vessel did not have a valid Federal permit.
    (iv) Information submitted on an application and documentation in 
support of an application is subject to

[[Page 197]]

verification by comparison with Federal, state, and other records and 
information. Submission of false information or documentation may result 
in disqualification from initial participation in the shark, swordfish, 
or tunas fisheries and may result in Federal prosecution.
    (v) If the Division Chief receives an incomplete application in a 
timely manner, NMFS will notify the applicant of the deficiency. If the 
applicant fails to correct the deficiency within 30 days of the date of 
receipt of the Division Chief's notification, the application will be 
considered abandoned.
    (3) Actions on applications. Within 30 days of receipt of a complete 
application, the Division Chief will take one of the following actions:
    (i) If the eligibility requirements are met, the Division Chief will 
issue the appropriate ILAP which will be valid through the marked 
expiration date.
    (ii) If, based on the information and documentation supplied with 
the application, the Division Chief determines that the applicant does 
not meet the eligibility criteria for the requested vessel permit, the 
Division Chief will deny the application in a letter to the applicant. 
If, based on the documentation supplied, the Division Chief believes the 
applicant is qualified for an incidental catch vessel permit instead of 
the requested directed ILAP, he or she will notify the applicant of the 
denial of the requested directed ILAP but will issue the incidental 
catch ILAP.
    (4) Appeals. (i) If an application for an ILAP is denied or if an 
incidental catch ILAP is issued instead of the requested directed ILAP, 
the applicant may appeal the denial to the Director. The sole grounds 
for appeal will be that the original denial by the Division Chief was 
based on incorrect or incomplete information. No other grounds will be 
considered. An appeal must be in writing, must be submitted to the 
Director postmarked no later than 90 days after receipt of the notice of 
denial, must specify the grounds for the appeal, and must include 
documentation supporting the grounds for the appeal. Documentation of 
vessel landings that the Director may consider in support of an appeal 
is described in paragraph (d)(2)(iii) of this section. Photocopies of 
documentation (e.g., permits, logbook reports) will be acceptable for 
initial submission. The Director may request originals at a later date, 
which would be returned to the appellant.
    (ii) Upon receipt of a complete written appeal with supporting 
documentation, the Director may issue a provisional ILAP that is valid 
for the period during the appeal. This provisional permit will be valid 
only for use with the specified gear and will be subject to all 
regulations contained in this part.
    (iii) The Director will appoint an appeals officer who will review 
the appeal documentation and other available records. If the information 
and documentation presented in the appeal are insufficient, inconsistent 
with vessel ownership, landings history, and other information available 
from NMFS' records, or cannot be verified, the appeals officer may 
notify the appellant that the information supplied is not adequate to 
warrant issuance of the requested permit. The appellant will have 30 
days from the date of receipt of the notification to submit to the 
appeals officer corroborating documents in support of the appeal or to 
submit a revised appeal. After the written appeal documentation is 
complete, the appeals officer will make findings and a recommendation, 
which shall be advisory only, to the Director within 60 days of receipt 
of the appeal.
    (iv) The Director will make a final decision on the appeal and send 
the appellant notice of the decision. The Director's decision is the 
final administrative action of the Department of Commerce on the 
application.
    (v) If the appeal is denied, the provisional permit will become 
invalid 5 days after receipt of the notice of denial. If the appeal is 
accepted, NMFS will issue an appropriate permit.
    (e) Transfer of LAPs. For provisions on transfer of limited access 
permits, see Sec. 635.4(l).
    (f) Renewal of LAPs. For provisions on renewal of limited access 
permits, see Sec. 635.4(m).

[[Page 198]]



                     Subpart C--Management Measures



Sec. 635.20  Size limits.

    (a) General. The CFL will be the sole criterion for determining the 
size and/or size class of whole (head on) Atlantic tunas.
    (b) BFT size classes. The size class of a BFT found with the head 
removed shall be determined using pectoral fin curved fork length 
(PFCFL) multiplied by a conversion factor of 1.35. The CFL, as 
determined by conversion of the PFCFL, will be the sole criterion for 
determining the size class of a beheaded BFT. The conversion factor may 
be adjusted after consideration of additional scientific information and 
fish measurement data, and will be made effective by filing with the 
Office of the Federal Register for publication notification of the 
adjustment.
    (c) BFT, bigeye tuna, and yellowfin tuna. (1) No person shall take, 
retain, or possess a BFT, bigeye tuna, or yellowfin tuna in the Atlantic 
Ocean that is less than 27 inches (69 cm) CFL;
    (2) Applying the conversion factor from PFCFL to CFL for a beheaded 
BFT in Sec. 635.20(b) means that no person shall retain or possess a 
BFT, with the head removed, that is less than 20 inches (51 cm) PFCFL.
    (3) No person shall remove the head of a bigeye tuna or yellowfin 
tuna if the remaining portion would be less than 27 inches (69 cm) from 
the fork of the tail to the forward edge of the cut.
    (d) Billfish. (1) No person shall take, retain or possess a blue 
marlin taken from its management unit that is less than 99 inches (251 
cm), LJFL.
    (2) No person shall take, retain or possess a white marlin taken 
from its management unit that is less than 66 inches (168 cm), LJFL.
    (3) No person shall take, retain or possess shoreward of the outer 
boundary of the EEZ a sailfish taken from its management unit that is 
less than 63 inches (160 cm), LJFL.
    (e) Sharks. (1) No person shall take, retain, or possess in the 
Atlantic EEZ any species classified as a ridgeback LCS shark, taken from 
its management unit that is less than 54 inches (137 cm), fork length, 
or, if the head and fins have been removed, 30 inches (76 cm) as a 
straight line from the first dorsal fin ray to the precaudal pit. If the 
precaudal pit has been removed, such measurement will be to the 
posterior edge of the carcass. For the purposes of enforcing the minimum 
size, it is a rebuttable presumption that any ridgeback shark from which 
the head and fins have been removed is a ridgeback LCS shark.
    (2) All sharks landed under the recreational retention limits 
specified at Sec. 635.22(c) must have the head, tail, and fins attached 
and be at least 54 inches (137 cm), FL, except that the minimum size 
limit does not apply for Atlantic sharpnose sharks.
    (f) Swordfish. (1) No person shall take, retain, or possess a north 
or south Atlantic swordfish taken from its management unit that is less 
than 29 inches (73 cm), CK, or 33 lb (15 kg) dressed weight. A swordfish 
that is damaged by shark bites may be retained only if the remainder of 
the carcass is at least 29 inches (73 cm) CK, or 33 lb (15 kg) dw. No 
person shall import into the United States an Atlantic swordfish 
weighing less than 33 lb (15 kg) dressed weight, or a part derived from 
a swordfish that weighs less than 33 lb (15 kg) dressed weight.
    (2) Except for a swordfish landed in a Pacific state and remaining 
in the state of landing, a swordfish, or part thereof, weighing less 
than 33 lb (15 kg) dressed weight will be deemed to be an Atlantic 
swordfish harvested by a vessel of the United States and to be in 
violation of the minimum size requirement of this section unless such 
swordfish, or part thereof, is accompanied by a certificate of 
eligibility attesting that the swordfish was lawfully imported. Refer to 
Sec. 635.46(b) for the requirements related to the certificate of 
eligibility.
    (3) A swordfish, or part thereof, will be monitored for compliance 
with the minimum size requirement of this section from the time it is 
landed in, or imported into, the United States up to, and including, the 
point of first transaction in the United States.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999]

[[Page 199]]



Sec. 635.21  Gear operation and deployment restrictions.

    (a) All Atlantic HMS fishing gears. (1) An Atlantic HMS harvested 
from its management unit that is not retained must be released in a 
manner that will ensure maximum probability of survival, but without 
removing the fish from the water.
    (2) If a billfish is caught by a hook, the fish must be released by 
cutting the line near the hook or by using a dehooking device, in either 
case without removing the fish from the water.
    (b) General. No person shall use any gear to fish for Atlantic HMS 
other than those gears specifically authorized in this part. A vessel 
using or having on board in the Atlantic Ocean any unauthorized gear may 
not have on board an Atlantic HMS.
    (c) Pelagic longlines. Pelagic longlines include any longline placed 
or occurring in water depths greater than 50 fathoms (91 m).
    (1) From August 1, 1999, through November 30, 2000, no person may 
deploy a pelagic longline that is more than 24 nautical miles (44.5 km) 
in length in the Mid-Atlantic Bight.
    (2) In the Northeastern United States closed area from June 1 
through June 30 each year, no person may deploy a pelagic longline. In 
this area, during this time, no person shall retain an Atlantic tuna or 
swordfish on board a vessel that has a pelagic longline on board, unless 
the mainline, hooks, and floats are secured.
    (3) When a marine mammal or sea turtle is hooked or entangled by 
pelagic longline gear, the operator of the vessel must immediately 
release the animal, retrieve the pelagic longline gear, and move at 
least 1 nm (2 km) from the location of the incident before resuming 
fishing. Reports of marine mammal entanglements must be submitted to 
NMFS consistent with regulations in Sec. 229.6 of this title.
    (d) Authorized gear--(1) Atlantic tunas. A person that retains or 
possesses an Atlantic bluefin tuna may not have on board a vessel or use 
on board the vessel any gear other than that authorized for the category 
for which the Atlantic tunas or HMS permit has been issued for such 
vessel. When fishing for Atlantic tunas other than BFT, fishing gear 
authorized for any Atlantic Tunas permit category may be used, except 
that purse seine gear may be used only on board vessels permitted in the 
Purse Seine category and pelagic longline gear may be used only on board 
vessels issued an Atlantic Tunas Longline category tuna permit as well 
as ILAPs or LAPs for both swordfish and sharks. When fishing for BFT, a 
person must use only the gear types authorized for the Atlantic tunas or 
HMS permit category of the fishing vessel:
    (i) Angling. Rod and reel (including downriggers) and handline.
    (ii) Charter/Headboat. Rod and reel (including downriggers), bandit 
gear, and handline.
    (iii) General. Rod and reel (including downriggers), handline, 
harpoon, and bandit gear.
    (iv) Harpoon. Harpoon.
    (v) Longline. Longline.
    (vi) Purse Seine. Purse seine.
    (A) Mesh size. A purse seine used in directed fishing for BFT must 
have a mesh size equal to or smaller than 4.5 inches (11.4 cm) in the 
main body (stretched when wet) and must have at least 24-count thread 
throughout the net.
    (B) Inspection of purse seine vessels. Persons that own or operate a 
purse seine vessel conducting a directed fishery for Atlantic tunas must 
have their fishing gear inspected for mesh size by an enforcement agent 
of NMFS prior to commencing fishing for the season in any fishery that 
may result in the harvest of Atlantic tunas. Such persons must request 
such inspection at least 24 hours before commencement of the first 
fishing trip of the season. If NMFS does not inspect the vessel within 
24 hours of such notification, the inspection requirement is waived. In 
addition, at least 24 hours before commencement of offloading any BFT 
after a fishing trip, such persons must request an inspection of the 
vessel and catch by notifying NMFS. If, after notification by the 
vessel, NMFS does not arrange to inspect the vessel and catch at 
offloading, the inspection requirement is waived.
    (vii) Trap. Pound net and fish weir.
    (2) Billfish. (i) Persons may possess a blue marlin or white marlin 
in or take a blue marlin or a white marlin from

[[Page 200]]

its management unit only if it is harvested by rod and reel. Regardless 
of how taken, persons may not possess a blue marlin or a white marlin in 
or take a blue marlin or a white marlin from its management unit on 
board a vessel using or having on board a pelagic longline.
    (ii) Persons may possess or take a sailfish shoreward of the outer 
boundary of the Atlantic EEZ only if it is harvested by rod and reel. 
Regardless of how taken, persons may not possess or take a sailfish 
shoreward of the outer boundary of the Atlantic EEZ on board a vessel 
using or having on board a pelagic longline.
    (3) Sharks. (i) No person may possess a shark in the EEZ if the 
shark was taken from its management unit by any gear other than 
handgear, longline or gillnet.
    (ii) No person may fish for sharks with a gillnet with a total 
length of 2.5 km or more. No person may have on board a vessel a gillnet 
with a total length of 2.5 km or more.
    (iii) Provisions on gear deployment for the southeast U.S. shark 
drift gillnet fishery to implement the Atlantic Large Whale Take 
Reduction Plan are set forth in Sec. 229.32(f) of this title.
    (iv) While fishing for Atlantic sharks with a gillnet, the gillnet 
must remain attached to the vessel at one end.
    (4) Swordfish. (i) No person may possess north Atlantic swordfish 
taken from its management unit by any gear other than handgear or 
longline, except that such swordfish taken incidentally while fishing 
with a squid trawl may be retained, subject to restrictions specified in 
Sec. 635.24(b)(2). No person may possess south Atlantic swordfish taken 
from its management unit by any gear other than longline.
    (ii) An Atlantic swordfish may not be retained or possessed on board 
a vessel with a gillnet. A swordfish will be deemed to have been 
harvested by gillnet when it is onboard, or offloaded from a vessel 
using or having on board a gillnet.
    (iii) A person aboard a vessel issued a directed handgear ILAP or 
LAP for Atlantic swordfish may not fish for swordfish with any gear 
other than handgear. A swordfish will be deemed to have been harvested 
by longline when it is on board, or offloaded from a vessel using or 
having on board longline gear.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999]



Sec. 635.22  Recreational retention limits.

    (a) General. Recreational retention limits apply to a longbill 
spearfish taken or possessed shoreward of the outer boundary of the 
Atlantic EEZ, to a shark taken from or possessed in the Atlantic EEZ, 
and to a yellowfin tuna taken from or possessed in the Atlantic Ocean. 
The operator of a vessel for which a retention limit applies is 
responsible for the vessel retention limit and the cumulative retention 
limit based on the number of persons aboard. Federal recreational 
retention limits may not be combined with any recreational retention 
limit applicable in state waters. The recreational retention limit for 
sharks applies to a person who fishes in any manner, except to a person 
aboard a vessel who has been issued a vessel permit under Sec. 635.4 for 
Atlantic sharks. The recreational retention limit for yellowfin tuna 
applies to a person who fishes in any manner, except to a person aboard 
a vessel who has been issued a vessel permit under Sec. 635.4 for 
Atlantic tunas in any category other than Angling or Charter/Headboat.
    (b) Billfish. No longbill spearfish from the management unit may be 
possessed shoreward of the outer boundary of the EEZ.
    (c) Sharks. One shark from either the large coastal, small coastal 
or pelagic group may be retained per vessel per trip, subject to the 
size limits described in Sec. 635.20(d), and, in addition, one Atlantic 
sharpnose shark may be retained per person per trip. Regardless of the 
length of a trip, no more than one Atlantic sharpnose shark per person 
may be possessed on board a vessel. No prohibited sharks listed in table 
1(d) of appendix A to this part may be retained.
    (d) Yellowfin tuna. Three yellowfin tunas per person per day may be 
retained. Regardless of the length of a trip, no more than three 
yellowfin tuna

[[Page 201]]

per person may be possessed on board a vessel.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999]



Sec. 635.23  Retention limits for BFT.

    The retention limits in this section are subject to the quotas and 
closure provisions in Secs. 635.27 and 635.28.
    (a) General category. (1) No person aboard a vessel that has a 
General category Atlantic Tunas permit may possess, retain, land, or 
sell a BFT in the school, large school, or small medium size class.
    (2) On an RFD, no person aboard a vessel that has a General category 
Atlantic Tunas permit may possess, retain, land, or sell a BFT in the 
large medium or giant size class. On days other than RFDs, when the 
General category is open, one large medium or giant BFT may be caught 
and landed from such vessel per day. NMFS will annually publish a 
schedule of RFDs in the Federal Register. An RFD applies only when the 
General category fishery is open.
    (3) Regardless of the length of a trip, no more than a single day's 
retention limit of large medium or giant BFT may be possessed or 
retained aboard a vessel that has a General category Atlantic Tunas 
permit. On days other than RFDs, when the General category is open, no 
person aboard such vessel may continue to fish, and the vessel must 
immediately proceed to port once the applicable limit for large medium 
or giant BFT is retained.
    (4) To provide for maximum utilization of the quota for BFT, NMFS 
may increase or decrease the daily retention limit of large medium and 
giant BFT over a range from zero (on RFDs) to a maximum of three per 
vessel. Such increase or decrease will be based on a review of dealer 
reports, daily landing trends, availability of the species on the 
fishing grounds, and any other relevant factors. NMFS will adjust the 
daily retention limit specified in paragraph (a)(2) of this section by 
filing with the Office of the Federal Register for publication 
notification of the adjustment. Such adjustment will not be effective 
until at least 3 calendar days after notification is filed with the 
Office of the Federal Register for publication.
    (b) Angling category. BFT may be retained and landed under the daily 
limits and quotas applicable to the Angling category by persons aboard 
vessels permitted in Atlantic tunas Angling category as follows:
    (1) Large medium and giant BFT. (i) No large medium or giant BFT may 
be retained, possessed, landed, or sold in the Gulf of Mexico, except 
one per vessel per year may be landed if caught incidentally to fishing 
for other species.
    (ii) One per vessel per year may be retained, possessed, and landed 
outside the Gulf of Mexico.
    (iii) When a large medium or giant BFT has been caught and retained 
under this paragraph (b)(1), no person aboard the vessel may continue to 
fish, the vessel must immediately proceed to port, and no such BFT may 
be sold or transferred to any person for a commercial purpose.
    (2) School, large school, or small medium BFT. One per vessel per 
day may be retained, possessed, or landed. Regardless of the length of a 
trip, no more than a single day's allowable catch of school, large 
school, or small medium BFT may be possessed or retained.
    (3) Changes to retention limits. To provide for maximum utilization 
of the quota for BFT spread over the longest period of time, NMFS may 
increase or decrease the retention limit for any size class BFT or 
change a vessel trip limit to an angler limit and vice versa. Such 
increase or decrease will be based on a review of daily landing trends, 
availability of the species on the fishing grounds, and any other 
relevant factors. NMFS will adjust the daily retention limit specified 
in paragraph (b)(2) of this section by filing with the Office of the 
Federal Register for publication notification of the adjustment. Such 
adjustment will not be effective until at least 3 calendar days after 
notification is filed with the Office of the Federal Register for 
publication.
    (c) HMS or Tunas Charter/Headboat. Persons aboard a vessels 
permitted in Atlantic HMS or Tunas Charter/Headboat category may retain 
and land BFT under the daily limits and quotas

[[Page 202]]

applicable to the Angling category or the General category as follows:
    (1) When fishing in the Gulf of Mexico, the restrictions applicable 
to the Angling category specified in paragraph (b)(1) of this section 
apply.
    (2) When fishing other than in the Gulf of Mexico when the fishery 
for the General category is closed, the restrictions applicable to the 
Angling category specified in paragraphs (b)(1) through (b)(3) of this 
section apply.
    (3) When fishing other than in the Gulf of Mexico and when the 
fishery under the General category has not been closed under 
Sec. 635.28, a person aboard a vessel that has an HMS or Atlantic Tunas 
Charter/Headboat permit may fish under either the retention limits 
applicable to the General category specified in paragraphs (a)(2) and 
(a)(3) of this section or the retention limits applicable to the Angling 
category specified in paragraphs (b)(2) and (b)(3) of this section. The 
size category of the first BFT retained will determine the fishing 
category applicable to the vessel that day.
    (d) Harpoon category. Persons aboard a vessel permitted in the 
Atlantic Tunas Harpoon category may retain, possess, or land multiple 
giant BFTs per day. An incidental catch of only one large medium BFT per 
vessel per day may be retained, possessed, or landed.
    (e) Purse Seine category. Persons aboard a vessel permitted in the 
Atlantic Tunas Purse Seine category,
    (1) May retain, possess, land, or sell large medium BFT in amounts 
not exceeding 15 percent, by weight, of the giant BFT landed on that 
trip, provided that the total amount of large medium BFT landed by that 
vessel during the fishing year does not exceed 10 percent, by weight, of 
the total amount of giant BFT allocated to that vessel for that fishing 
year.
    (2) May retain, possess or land BFT smaller than the large medium 
size class that are taken incidentally when fishing for skipjack tuna or 
yellowfin tuna in an amount not exceeding 1 percent, by weight, of the 
skipjack tuna and yellowfin tuna landed on that trip. Landings of BFT 
smaller than the large medium size class may not be sold and are counted 
against the Purse Seine category BFT quota allocated to that vessel.
    (f) Longline category. Persons aboard a vessel permitted in the 
Atlantic Tunas Longline category may retain, possess, land, and sell 
large medium and giant BFT taken incidentally in fishing for other 
species. Limits on such retention/possession/landing/sale are as 
follows:
    (1) For landings south of 34 deg.00' N. lat., one large medium or 
giant BFT per vessel per trip may be landed, provided that, for the 
months of January through April, at least 1,500 lb (680 kg) and for the 
months of May through December, at least 3,500 lb (1,588 kg), either dw 
or round weight, of species other than BFT are legally caught, retained, 
and offloaded from the same trip and are recorded on the dealer weighout 
slip as sold.
    (2) For landings north of 34 deg.00' N. lat., landings per vessel 
per trip of large medium and giant BFT may not exceed 2 percent by 
weight, either dw or round weight, of all other fish which are legally 
caught, retained, and offloaded from the same trip and which are 
recorded on the dealer weighout slip as sold.
    (g) Trap category. Persons aboard a vessel permitted in the Atlantic 
Tunas Trap category may retain, possess, land, and sell each fishing 
year only one large medium or giant BFT that is taken incidentally while 
fishing for other species with a pound net or fish weir. No other 
Atlantic tunas caught in a pound net or fish weir may be retained.



Sec. 635.24  Commercial retention limits for sharks and swordfish.

    The retention limits in this section are subject to the quotas and 
closure provisions in Secs. 635.27 and 635.28.
    (a) Sharks. (1) Persons who own or operate a vessel that has been 
issued a directed ILAP or LAP for shark may retain, possess or land no 
more than 4,000 lb (1,814 kg), dw, of LCS per trip.
    (2) Persons who own or operate a vessel that has been issued an 
incidental catch ILAP or LAP for sharks may retain, possess or land no 
more than 5 LCS and 16 SCS and pelagic sharks, combined, per trip.

[[Page 203]]

    (b) Swordfish. (1) Persons aboard a vessel that has been issued an 
incidental ILAP or LAP for swordfish may retain, possess, or land no 
more than two swordfish per trip in or from the Atlantic Ocean north of 
5 deg. N. lat.
    (2) Persons aboard a vessel in the squid trawl fishery that has been 
issued an incidental ILAP or LAP for swordfish may retain, possess, or 
land no more than five swordfish per trip in or from the Atlantic Ocean 
north of 5 deg. N. lat. A vessel is considered to be in the squid trawl 
fishery when it has no commercial fishing gear other than trawls on 
board and when squid constitute not less than 75 percent by weight of 
the total fish on board or offloaded from the vessel.



Sec. 635.25   [Reserved]



Sec. 635.26  Catch and release.

    (a) BFT. (1) Notwithstanding the other provisions of this part, an 
angler may fish for BFT under a tag-and-release program, provided the 
angler tags all BFT so caught, regardless of whether previously tagged, 
with conventional tags issued or approved by NMFS, returns such fish to 
the sea immediately after tagging with a minimum of injury, and reports 
the tagging and, if the BFT was previously tagged, the information on 
the previous tag. If NMFS-issued or NMFS-approved conventional tags are 
not on board a vessel, all anglers aboard that vessel are ineligible to 
fish under the tag-and-release program.
    (2) Persons may obtain NMFS-issued conventional tags, reporting 
cards, and detailed instructions for their use from the NMFS Cooperative 
Tagging Center. Persons may use a conventional tag obtained from a 
source other than NMFS to tag BFT, provided the use of such tags is 
registered each year with the Cooperative Tagging Center and the NMFS 
program manager has approved the use of a conventional tag from that 
source. An angler using an alternative source of tags wishing to tag BFT 
may contact the NMFS Cooperative Tagging Center at the Southeast Fishery 
Science Center.
    (3) An angler registering for the HMS tagging program is required to 
provide his or her name, address, phone number and, if applicable, the 
identity of the alternate source of tags.
    (b) Billfish. NMFS is encouraging further catch and release of 
Atlantic billfish by establishing a recreational catch-and-release 
fishery management program, consistent with the guidance of 
Sec. 600.350(c).
    (c) Sharks. Notwithstanding the other provisions of this part, a 
person may fish for white sharks (Carcharodon carcharias) with rod and 
reel, provided the person releases such fish to the sea immediately with 
a minimum of injury, and that such fish may not be removed from the 
water.



Sec. 635.27  Quotas.

    (a) BFT. Consistent with ICCAT recommendations, NMFS will subtract 
any allowance for dead discards from the fishing year's total U.S. quota 
for BFT that can be caught and allocate the remainder to be retained, 
possessed, or landed by persons and vessels subject to U.S. 
jurisdiction. The total landing quota will be divided among the General, 
Angling, Harpoon, Purse Seine, Longline, and Trap categories. Consistent 
with these allocations and other applicable restrictions of this part, 
BFT may be taken by persons aboard vessels issued Atlantic Tunas permits 
or HMS Charter/Headboat permits. Allocations of the BFT landings quota 
will be made according to the following percentages: General - 47.1 
percent; Angling - 19.7 percent, which includes the school BFT held in 
reserve as described under paragraph (a)(7)(ii) of this section; Harpoon 
- 3.9 percent; Purse Seine - 18.6 percent or 250 mt, whichever is less; 
Longline - 8.1 percent; and Trap - 0.1 percent. The remaining 2.5 
percent of the BFT landings quota will be held in reserve for inseason 
adjustments, to compensate for overharvest in any category other than 
the Angling category school BFT subquota or for fishery independent 
research. In such case that the total annual landings quota when applied 
to the percentage allocation for the purse seine category exceeds 250 
mt, the amount over 250 mt shall be allocated to the reserve. NMFS may 
apportion a landings quota allocated to any category to specified 
fishing periods or to

[[Page 204]]

geographic areas. BFT landings quotas are specified in whole weight.
    (1) General category landings quota. Prior to each fishing year, 
NMFS will set the General category effort control schedule, including 
time-period subquotas and restricted-fishing days, through proposed and 
final specifications published in the Federal Register.
    (i) Catches from vessels for which General category Atlantic Tunas 
permits have been issued and certain catches from vessels for which an 
HMS or Atlantic tunas Charter/Headboat permit has been issued are 
counted against the General category landings quota. See 
Sec. 635.23(c)(3) regarding landings by vessels with an HMS or Atlantic 
tunas Charter/Headboat permit that are counted against the General 
category landings quota. The total amount of large medium and giant BFT 
that may be caught, retained, possessed, landed, or sold under the 
General category landings quota is 47.1 percent of the overall U.S. BFT 
landings quota, less 10 mt which is set aside for an area comprising the 
waters south and west of a straight line originating at a point on the 
southern shore of Long Island at 72 deg. 27' W. long (Shinnecock Inlet) 
and running SSE 150 deg. true, and north of 38 deg.47' N. lat. as 
specified in Sec. 635.27(a)(1)(iii). This 47.1 percent, less the 10 mt 
set aside as specified in Sec. 635.27(a)(1)(iii), is apportioned as 
follows:
    (A) June 1 through August 31--60 percent;
    (B) September 1 through September 30--30 percent; and
    (C) October 1 through May 31--10 percent.
    (ii) NMFS will adjust each period's apportionment based on 
overharvest or underharvest in the prior period.
    (iii) When the coastwide General category fishery has been closed in 
any quota period under Sec. 637.28(a)(1), NMFS may publish notification 
in the Federal Register to make available all or part of the 10 mt 
landings quota set aside for an area comprising the waters south and 
west of a straight line originating at a point on the southern shore of 
Long Island at 72 deg.27' W. long. (Shinnecock Inlet) and running SSE 
150 true, and north of 38 deg.47' N. lat. The daily catch limit for the 
set-aside area will be one large medium or giant BFT per vessel per day. 
Upon the effective date of the set-aside fishery, fishing for, 
retaining, or landing large medium or giant BFT is authorized only 
within the set-aside area. Any portion of the set-aside amount not 
harvested prior to the reopening of the coastwide General category 
fishery in the subsequent quota period established under paragraph 
(a)(1)(i) of this section may be carried over for the purpose of 
renewing the set-aside fishery at a later date.
    (2) Angling category landings quota. The total amount of BFT that 
may be caught, retained, possessed, and landed by anglers aboard vessels 
for which an Angling category Atlantic Tunas permit or an HMS or 
Atlantic Tunas Charter/Headboat permit has been issued is 19.7 percent 
of the overall annual U.S. BFT landings quota. No more than 2.3 percent 
of the annual Angling category landings quota may be large medium or 
giant BFT and, over each 4-consecutive-year period, no more than 8 
percent of the overall U.S. BFT landings quota may be school BFT. The 
Angling category landings quota includes the amount of school BFT held 
in reserve as specified under paragraph (a)(7)(ii) of this section. The 
size class subquotas for BFT are further subdivided as follows:
    (i) Under paragraph (a)(7)(ii) of this section, 47.2 percent of the 
school BFT Angling category landings quota, minus the school BFT quota 
held in reserve, may be caught, retained, possessed, or landed south of 
38 deg. 47' N. lat.
    (ii) an amount equal to 47.2 percent of the large school/small 
medium BFT Angling category quota, may be caught, retained, possessed, 
or landed south of 38 deg. 47' N. lat.
    (iii) an amount equal to 66.7 percent of the large medium and giant 
BFT Angling category quota may be caught, retained, possessed, or landed 
south of 38 deg. 47' N. lat.
    (3) Longline category quota. The total amount of large medium and 
giant BFT that may be caught incidentally and retained, possessed, or 
landed by vessels for which Longline category Atlantic tunas permits 
have been issued is 8.1 percent of the overall U.S. BFT quota. No more 
than 78.9 percent of the

[[Page 205]]

Longline category quota may be caught, retained, possessed, or landed in 
the area south of 34 deg.00' N. lat.
    (4) Purse Seine category quota. (i) The total amount of large medium 
and giant BFT that may be caught, retained, possessed, or landed by 
vessels for which Purse Seine category Atlantic Tunas permits have been 
issued is 18.6 percent of the overall U.S. BFT landings quota, or 250 
mt, whichever is less. The purse seine fishery under this quota 
commences on August 15 each year.
    (ii) An owner of a vessel for which a Purse Seine category Atlantic 
Tunas permit has been issued must apply in writing to NMFS at an address 
designated by NMFS, for an allocation of BFT from the Purse Seine 
category quota. The application must be postmarked no later than April 
15 for an allocation of the quota that becomes available on August 15.
    (iii) On or about May 1, NMFS will make equal allocations of the 
available size classes of BFT among purse seine vessel permit holders so 
requesting. Such allocations are freely transferable, in whole or in 
part, among vessels that have Purse Seine category Atlantic Tunas 
permits. An owner of a purse seine vessel intending to fish for more 
than one allocation in any fishing season must provide written notice of 
such intent to NMFS at an address designated by NMFS, 15 days before 
commencing fishing. An owner of a purse seine vessel who transfers his 
or her allocation to another purse seine vessel may not use his or her 
vessel in any fishery in which BFT might be caught for the remainder of 
the fishing year after his or her allocation is transferred.
    (iv) An owner of a vessel for which a Purse Seine category Atlantic 
Tunas permit has been issued may apply to NMFS to permanently 
consolidate Purse Seine category vessel permits issued under Sec. 635.4. 
Upon written approval of consolidation by NMFS, the Purse Seine Category 
Atlantic Tunas Permit of a transferring vessel will be canceled, and the 
receiving owner may apply for allocations of BFT commensurate with the 
number of consolidated permits. An owner of a purse seine vessel whose 
permit is canceled through consolidation may not use his or her vessel 
in any purse seine fishery in which BFT might be caught.
    (5) Harpoon category quota. The total amount of large medium and 
giant BFT that may be caught, retained, possessed, landed, or sold by 
vessels for which Harpoon category Atlantic Tunas permits have been 
issued is 3.9 percent of the overall U.S. BFT quota.
    (6) Trap category quota. The total amount of large medium and giant 
BFT that may be caught, retained, possessed, or landed by vessels for 
which Trap category Atlantic Tunas permits have been issued is 0.1 
percent of the overall U.S. BFT quota.
    (7) Reserve. (i) The total amount of BFT that is held in reserve for 
inseason adjustments and fishery-independent research using quotas or 
subquotas other than the Angling category school BFT subquota, is 2.5 
percent of the overall U.S. BFT quota. Consistent with paragraph 
(a)(7)(iii) of this section, NMFS may allocate any portion of this 
reserve for inseason adjustments to any category quota in the fishery, 
other than the Angling category school BFT subquota.
    (ii) The total amount of school BFT that is held in reserve for 
inseason adjustments and fishery independent research is 18.5 percent of 
the total school BFT quota for the Angling category as described under 
paragraph (a)(2) of this section, which is in addition to the amounts 
specified in paragraph (a)(7)(i) of this section. Consistent with 
paragraph (a)(7)(iii) of this section, NMFS may allocate any portion of 
the school BFT held in reserve for inseason adjustments to the Angling 
category.
    (iii) NMFS will file with the Office of the Federal Register for 
publication notification of any inseason adjustment. Before making any 
such adjustment, NMFS will consider the following factors:
    (A) The usefulness of information obtained from catches in the 
particular category for biological sampling and monitoring of the status 
of the stock.
    (B) The catches of the particular category quota to date and the 
likelihood of closure of that segment of the fishery if no allocation is 
made.

[[Page 206]]

    (C) The projected ability of the vessels fishing under the 
particular category quota to harvest the additional amount of BFT before 
the end of the fishing year.
    (D) The estimated amounts by which quotas for other gear categories 
of the fishery might be exceeded.
    (E) Effects of the transfer on BFT rebuilding and overfishing.
    (F) Effects of the transfer on accomplishing the objectives of the 
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks.
    (8) Inseason adjustments. Within a fishing year, NMFS may transfer 
quotas among categories or, as appropriate, subcategories. If it is 
determined, based on the factors in paragraphs (a)(7)(iii)(A) through 
(a)(7)(iii)(F) of this section and the probability of exceeding the 
total quota, that vessels fishing under any category or subcategory 
quota are not likely to take that quota, NMFS may transfer inseason any 
portion of the remaining quota of that fishing category to any other 
fishing category or to the reserve as specified in paragraphs (a)(7)(i) 
and (a)(7)(ii) of this section. NMFS will file with the Office of the 
Federal Register for publication notification of any inseason 
adjustment.
    (9) Annual adjustments. (i) If NMFS determines, based on landings 
statistics and other available information, that a BFT quota in any 
category or, as appropriate, subcategory has been exceeded or has not 
been reached, NMFS shall subtract the overharvest from, or add the 
underharvest to, that quota category for the following fishing year, 
provided that the total of the adjusted category quotas and the reserve 
is consistent with a recommendation of ICCAT regarding country quotas, 
the take of school BFT, and the allowance for dead discards.
    (ii) NMFS may allocate any quota remaining in the reserve at the end 
of a fishing year to account for overharvest in any fishing category, 
provided such allocation is consistent with the criteria specified in 
paragraph (a)(7)(iii) of this section.
    (iii) Regardless of the estimated landings in any year, NMFS may 
adjust the annual school BFT quota to ensure that the average take of 
school BFT over each 4-consecutive-year period beginning in the 1999 
fishing year does not exceed 8 percent by weight of the total U.S. BFT 
quota for that period.
    (iv) If NMFS determines that the annual dead discard allowance has 
been exceeded in one fishing year, NMFS shall subtract the amount in 
excess of the allowance from the amount of BFT that can be landed in the 
subsequent fishing year by those categories accounting for the dead 
discards. If NMFS determines that the annual dead discard allowance has 
not been reached, NMFS may add one-half of the remainder to the amount 
of BFT that can be landed in the subsequent fishing year. Such amount 
may be allocated to individual fishing categories or to the Reserve.
    (v) NMFS will file with the Office of the Federal Register for 
publication notification of the amount subtracted or added and the basis 
for the quota reductions or increases made pursuant to paragraphs 
(a)(9)(i) through (a)(9)(iv) of this section.
    (b) Sharks--(1) Commercial quotas. The commercial quotas for shark 
specified in paragraphs (b)(1)(i) through (b)(1)(iv) of this section 
apply to sharks harvested from the management unit, regardless of where 
harvested. Commercial quotas are specified for each of the management 
groups of large coastal sharks, small coastal sharks, and pelagic 
sharks.
    (i) Large coastal sharks. The annual commercial quota for large 
coastal sharks is 816 mt dw, apportioned between ridgeback and non-
ridgeback shark and divided between two equal semiannual fishing 
seasons, January 1 through June 30, and July 1 through December 31. The 
length of each season will be determined based on the projected catch 
rates, available quota, and other relevant factors. NMFS will file with 
the Office of the Federal Register for publication notification of each 
season's length at least 30 days prior to the beginning of the season. 
The quotas for each fishing season (unless otherwise specified in the 
Federal Register as provided in paragraph (b)(1)(iv) of this section are 
as follows:
    (A) Ridgeback shark--310 mt dw.
    (B) Non-ridgeback shark-98 mt dw.

[[Page 207]]

    (ii) Small coastal sharks. The annual commercial quota for small 
coastal shark is 359 mt dw, (unless otherwise specified in the Federal 
Register as provided in paragraph (b)(1)(iv) of this section) divided 
between two equal semiannual seasons, January 1 through June 30, and 
July 1 through December 31. The quota for each semiannual season is 
179.5 mt, dw.
    (iii) Pelagic sharks. The annual commercial quotas for pelagic 
sharks are 92 mt dw for porbeagle sharks and 488 mt dw for all other 
pelagic sharks (unless otherwise specified in the Federal Register as 
provided in paragraph (b)(1)(iv) of this section). These quotas are 
divided between two equal semiannual periods, January 1 through June 30, 
and July 1 through December 31. The quotas for each semiannual period 
are as follows:
    (A) Porbeagle sharks--46 mt dw.
    (B) Pelagic sharks, other than porbeagle sharks--244 mt dw.
    (C) Blue sharks--136.5 mt dw.
    (iv) Annual adjustments. (A) NMFS will adjust the next year's 
semiannual quotas for large coastal, small coastal, and pelagic sharks 
to reflect actual landings during any semiannual period. For example, a 
commercial quota underage or overage in the season that begins January 1 
will result in an equivalent increase or decrease in the following 
year's quota for the season that begins January 1, provided that the 
annual quotas are not exceeded. NMFS will file with the Office of the 
Federal Register for publication notification of any adjustment at least 
30 days prior to the start of the next fishing season.
    (B) NMFS will reduce the annual commercial quota for pelagic sharks 
by the amount that the blue shark quota is exceeded at least 30 days 
prior to the start of the next fishing season.
    (C) Sharks discarded dead are counted against the applicable 
directed fishery quota. Sharks taken and landed from state waters are 
counted against the applicable directed fishery quota.
    (2) Public display quota. The annual quota for persons who collect 
sharks from any of the management groups under an EFP is 60 mt whole 
weight (43 mt dw). All sharks collected under the authority of an EFP, 
subject to restrictions at Sec. 635.32, will be counted against this 
quota.
    (c) Swordfish. (1) Consistent with ICCAT recommendations, the 
fishing year's total amount of swordfish that may be caught, retained, 
possessed, or landed by persons and vessels subject to U.S. jurisdiction 
is divided into quotas for the North Atlantic swordfish stock and the 
South Atlantic swordfish stock. The quota for the North Atlantic 
swordfish stock is further divided into semi-annual directed fishery 
quotas and an incidental catch quota for fishermen targeting other 
species. A swordfish from the North Atlantic swordfish stock caught 
prior to the directed fishery closure by a vessel for which a directed 
fishery permit or a handgear permit for swordfish has been issued is 
counted against the directed fishery quota. A swordfish from the North 
Atlantic swordfish stock landed by a vessel for which an incidental 
catch permit for swordfish has been issued, landed consequent to 
recreational fishing, or caught after the effective date of a closure of 
the directed fishery from a vessel for which a directed fishery permit 
or a handgear permit for swordfish has been issued is counted against 
the incidental catch quota. The entire quota for the South Atlantic 
swordfish stock is reserved for longline vessels for which a directed 
fishery permit for swordfish has been issued; retention of swordfish 
caught incidental to other fishing activities is prohibited in the 
Atlantic Ocean south of 5 deg. N. lat.
    (i) North Atlantic swordfish stock. (A) The annual directed fishery 
quota for the North Atlantic swordfish stock is 2033.2 mt dw, divided 
into two equal semiannual quotas of 1016.6 mt dw, one for June 1 through 
November 30, and the other for December 1 through May 31 of the 
following year.
    (B) The annual incidental catch quota for the North Atlantic 
swordfish stock is 300 mt dw.
    (ii) South Atlantic swordfish stock. The annual directed fishery 
quota for the South Atlantic swordfish stock is 289 mt dw. Incidental 
harvest of swordfish is prohibited in the Atlantic Ocean south of 5 deg. 
N. lat.
    (2) Inseason adjustments. (i) NMFS may adjust the December 1 through

[[Page 208]]

May 31 semiannual directed fishery quota to reflect actual catches 
during the June 1 through November 30 semiannual period, provided that 
the fishing year's directed fishery quota is not exceeded.
    (ii) If NMFS determines that the annual incidental catch quota will 
not be taken before the end of the fishing year, the excess quota may be 
allocated to the directed fishery quota.
    (iii) If NMFS determines that it is necessary to close the directed 
swordfish fishery prior to the scheduled end of a semi-annual fishing 
season, any estimated overharvest or underharvest of the directed 
fishery quota for that semi-annual season will be used to adjust the 
annual incidental catch quota accordingly.
    (iv) NMFS will file with the Office of the Federal Register for 
publication notification of any inseason swordfish quota adjustment and 
its apportionment made under this paragraph (c)(2) of this section.
    (3) Annual adjustments. (i) Except for the carryover provisions of 
paragraph (c)(3)(ii) of this section, NMFS will file with the Office of 
the Federal Register for publication notification of any adjustment to 
the annual quota necessary to meet the objectives of the Fishery 
Management Plan for Atlantic Tuna, Swordfish and Sharks. NMFS will 
provide at least 30 days opportunity for public comment.
    (ii) If consistent with applicable ICCAT recommendations, total 
landings above or below the specific North Atlantic or South Atlantic 
swordfish annual quota shall be subtracted from, or added to, the 
following year's quota for that area. Any adjustments to the 12-month 
directed fishery quota will be apportioned equally between the two 
semiannual fishing seasons. NMFS will file with the Office of the 
Federal Register for publication notification of any adjustment or 
apportionment made under this paragraph (c)(3)(ii).



Sec. 635.28  Closures.

    (a) BFT. (1) When a BFT quota, other than the Purse Seine category 
quota specified in Sec. 635.27(a)(4), is reached, or is projected to be 
reached, NMFS will file with the Office of the Federal Register for 
publication notification of closure. On and after the effective date and 
time of such notification, for the remainder of the fishing year or for 
a specified period as indicated in the notice, fishing for, retaining, 
possessing, or landing BFT under that quota is prohibited until the 
opening of the subsequent quota period or until such date as specified 
in the notice.
    (2) From August 15 through December 31, the owner or operator of a 
vessel that has been allocated a portion of the Purse Seine category 
quota under Sec. 635.27(a)(4) may fish for BFT. Such vessel may be used 
to fish for yellowfin, bigeye, albacore, or skipjack tuna at any time, 
however, landings of BFT taken incidental to fisheries targeting other 
Atlantic tunas or in any fishery in which BFT might be caught will be 
deducted from the individual vessel's quota for the following BFT 
fishing season (i.e., August 15 through December 31). Upon reaching its 
individual vessel allocation of BFT, the vessel may not participate in a 
directed purse seine fishery for Atlantic tunas or in any fishery in 
which BFT might be caught for the remainder of the fishing year.
    (3) If NMFS determines that variations in seasonal distribution, 
abundance, or migration patterns of BFT, or the catch rate in one area, 
precludes anglers in another area from a reasonable opportunity to 
harvest a portion of the Angling category quota, NMFS may close all or 
part of the fishery under that category and may reopen it at a later 
date if NMFS determines that BFT have migrated into the other area. In 
determining the need for any such interim closure or area closure, NMFS 
will consider:
    (i) The usefulness of information obtained from catches of a 
particular geographic area of the fishery for biological sampling and 
for monitoring the status of the stock;
    (ii) The current year catches from the particular geographic area 
relative to the catches recorded for that area during the preceding 4 
years;
    (iii) The catches from the particular geographic area to date 
relative to the entire category and the likelihood of closure of that 
entire category of the fishery if no interim closure or area closure is 
effected; and

[[Page 209]]

    (iv) The projected ability of the entire category to harvest the 
remaining amount of BFT before the anticipated end of the fishing 
season.
    (b) Sharks. (1) The commercial fishery for large coastal sharks will 
remain open for fixed semiannual fishing seasons, as specified at 
Sec. 635.27(b)(1)(i). From the effective date and time of a season 
closure until additional quota becomes available, the fishery for large 
coastal sharks is closed, and sharks of that species group may not be 
retained on board a fishing vessel issued a commercial permit pursuant 
to Sec. 635.4.
    (2) When a semiannual quota for small coastal sharks or pelagic 
sharks specified in Sec. 635.27(b)(1)(ii) and (b)(1)(iii) is reached, or 
is projected to be reached, NMFS will file with the Office of the 
Federal Register for publication a notice of closure at least 14 days 
before the effective date. From the effective date and time of the 
closure until additional quota becomes available, the fishery for the 
appropriate shark species group is closed, and sharks of that species 
group may not be retained on board a fishing vessel issued a commercial 
permit pursuant to Sec. 635.4.
    (3) When the fishery for a shark species group is closed, a fishing 
vessel issued a shark ILAP or LAP pursuant to Sec. 635.4 may not possess 
or sell a shark of that species group, and a permitted shark dealer may 
not purchase or receive a shark of that species group from a vessel 
issued a shark ILAP or LAP, except that a permitted shark dealer or 
processor may possess sharks that were harvested, off-loaded, and sold, 
traded, or bartered, prior to the effective date of the closure and were 
held in storage.
    (c) Swordfish--(1) Directed fishery closure. When the annual or 
semiannual directed fishery quota specified in Sec. 635.27(c)(1)(i) or 
(ii) is reached, or is projected to be reached, NMFS will file with the 
Office of the Federal Register for publication notification of closure 
at least 14 days before the effective date. From the effective date and 
time of the closure until additional directed fishery quota becomes 
available, the directed fishery for the appropriate stock is closed and 
the following catch limits apply:
    (i) When the directed fishery for the North Atlantic swordfish stock 
is closed,
    (A) No more than 15 swordfish per trip may be possessed in or from 
the Atlantic Ocean north of 5 deg. N. lat. or landed in an Atlantic 
coastal state on a vessel using or having on board a longline. However, 
legally taken swordfish from the South Atlantic swordfish stock may be 
possessed in the Atlantic Ocean north of 5 deg. N. lat. or landed in an 
Atlantic coastal state on a vessel with a longline provided the 
harvesting vessel does no fishing on that trip in the Atlantic Ocean 
north of 5 deg. N. lat. and reports positions with a vessel monitoring 
system, as specified in Sec. 635.69. NMFS may adjust the incidental 
catch retention limit by filing with the Office of the Federal Register 
for publication notification of the change at least 14 days before the 
effective date. Changes in the incidental catch limits will be based 
upon the length of the directed fishery closure and the estimated rate 
of catch by vessels fishing under the incidental catch quota.
    (B) No more than 2 swordfish per trip may be possessed in or from 
the Atlantic Ocean north of 5 deg. N. lat. or landed in an Atlantic 
coastal state on a vessel that has been issued a handgear permit under 
Sec. 635.4(f)(1) provided that such swordfish were not taken with a 
harpoon.
    (ii) When the directed fishery for the South Atlantic swordfish 
stock is closed, swordfish from that stock taken incidental to fishing 
for other species may not be retained.
    (2) Incidental catch closure. When the annual incidental catch quota 
specified in Sec. 635.27(c)(1)(i) is reached, or is projected to be 
reached, NMFS will file with the Office of the Federal Register for 
publication notification of closure. From the effective date and time of 
such notification until an additional incidental catch quota becomes 
available, no swordfish may be possessed in or from the Atlantic Ocean 
north of 5 deg. N. lat. or landed in an Atlantic coastal state, and a 
swordfish in or from the Atlantic Ocean north of 5 deg. N. lat. may not 
be sold. However, legally taken swordfish from the South Atlantic 
swordfish stock may be possessed in the Atlantic Ocean north of 5 deg. 
N. lat.

[[Page 210]]

or landed in an Atlantic coastal state on a vessel with a longline, 
provided the harvesting vessel does not fish on that trip in the 
Atlantic Ocean north of 5 deg. N. lat. and reports positions with a 
vessel monitoring system, as specified in Sec. 635.69.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999]



Sec. 635.29  Transfer at sea.

    (a) Persons may not transfer an Atlantic tuna, blue marlin, white 
marlin, or swordfish at sea in the Atlantic Ocean, regardless of where 
the fish was harvested. However, an owner or operator of a vessel for 
which a Purse Seine category Atlantic Tunas permit has been issued under 
Sec. 635.4 may transfer large medium and giant BFT at sea from the net 
of the catching vessel to another vessel for which a Purse Seine 
category Atlantic Tunas permit has been issued, provided the amount 
transferred does not cause the receiving vessel to exceed its currently 
authorized vessel allocation, including incidental catch limits.
    (b) Persons may not transfer a shark or a sailfish at sea shoreward 
of the outer boundary of the EEZ, regardless of where the shark was 
harvested, and persons may not transfer at sea a shark or a sailfish 
taken shoreward of the outer boundary of the EEZ, regardless of where 
the transfer takes place.



Sec. 635.30  Possession at sea and landing.

    (a) Atlantic tunas. Persons that own or operate a fishing vessel 
that possesses an Atlantic tuna in the Atlantic Ocean or that lands an 
Atlantic tuna in an Atlantic coastal port must maintain such Atlantic 
tuna through offloading either in round form or eviscerated with the 
head and fins removed, provided one pectoral fin and the tail remain 
attached.
    (b) Billfish. Any person that possesses a blue marlin or a white 
marlin taken from its management unit or a sailfish taken shoreward of 
the outer boundary of the EEZ or lands a blue marlin or a white marlin 
in an Atlantic coastal port must maintain such billfish with its head, 
fins, and bill intact through offloading. Persons may eviscerate such 
billfish, but it must otherwise be maintained whole.
    (c) Shark. (1) No person shall fin any shark, i.e., remove only the 
fins and return the remainder of the shark to the sea, shoreward of the 
outer boundary of the EEZ and on board a vessel for which a commercial 
vessel permit for shark has been issued. No person shall possess a shark 
fin on board a fishing vessel after the vessel's first point of landing. 
No person shall possess or offload wet shark fins in a quantity that 
exceeds 5 percent of the weight of the shark carcasses. The prohibition 
on finning applies to all species of sharks in the management unit. For 
a list of species in the management unit, refer to tables 1 and 2 of 
appendix A to this part.
    (2) Persons that own or operate a vessel that has been issued a 
commercial permit for shark may not fillet a shark at sea. Persons may 
eviscerate and remove the head and fins, but must retain the fins with 
the dressed carcasses. While on board and when offloaded, the wet shark 
fins may not exceed 5 percent of the weight of the shark carcasses.
    (3) Persons that own or operate a vessel that has been issued a 
commercial permit that lands shark in an Atlantic coastal port must have 
all fins weighed in conjunction with the weighing of the carcasses at 
the vessel's first point of landing. Such weights must be recorded on 
the weighout slips specified in Sec. 635.5(a)(2). Persons may not 
possess a shark fin on board a fishing vessel after the vessel's first 
point of landing. The wet fins may not exceed 5 percent of the weight of 
the carcasses.
    (4) Persons aboard a vessel that does not have a commercial permit 
for shark must maintain a shark in or from the EEZ intact through 
landing--the head, tail, or fins may not be removed. The shark may be 
bled.
    (d) Swordfish. Persons that own or operate a fishing vessel that 
possesses a swordfish in the Atlantic Ocean or lands a swordfish in an 
Atlantic coastal port must maintain such swordfish in round or dressed 
form through off-loading.



Sec. 635.31  Restrictions on sale and purchase.

    (a) Atlantic tunas. (1) Persons that own or operate a vessel that 
possesses

[[Page 211]]

an Atlantic tuna may sell such Atlantic tuna only if that vessel has a 
valid HMS or Atlantic Tunas Charter/Headboat permit, or a General, 
Harpoon, Longline, Purse Seine, or Trap category permit for Atlantic 
tunas issued under this part. Persons may not sell a BFT smaller than 
the large medium size class. However, a large medium or giant BFT taken 
by a person on a vessel with an HMS or Atlantic Tunas Charter/Headboat 
permit fishing in the Gulf of Mexico at any time, or fishing outside the 
Gulf of Mexico when the fishery under the General category has been 
closed, may not be sold (see Sec. 635.23(c)). Persons may sell Atlantic 
tunas only to a dealer that has a valid permit for purchasing Atlantic 
tunas issued under this part.
    (2) Dealers may purchase Atlantic tunas only from a vessel that has 
a valid commercial permit for Atlantic tunas issued under this part in 
the appropriate category.
    (3) Dealers or seafood processors may not purchase or sell a BFT 
smaller than the large medium size class unless it is lawfully imported 
and is accompanied by a BSD, as specified in Sec. 635.42(a).
    (4) A BFT in the possession of a dealer or seafood processor is 
deemed to be from the Atlantic Ocean. However, a BFT will not be deemed 
to be from the Atlantic Ocean if--
    (i) It was landed in a Pacific state and remains in the state of 
landing, or
    (ii) It is accompanied by a BSD, as specified in Sec. 635.42(a).
    (b) Billfish. (1) Persons may not sell or purchase a billfish taken 
from its management unit.
    (2) A billfish or a closely related species, namely, black marlin, 
Makaira indica, striped marlin, Tetrapturus audax, or shortbill 
spearfish, Tetrapturus angustirostris, or a part thereof, in the 
possession of a dealer or seafood processor is considered, for purposes 
of this part, to be a billfish from the Atlantic Ocean management unit. 
However, a billfish or a closely related species will not be considered 
to be from the Atlantic Ocean management unit if-
    (i) It was landed in a Pacific state and remains in the state of 
landing, or
    (ii) It is accompanied by a Billfish Certificate of Eligibility that 
documents that it was harvested from other than the Atlantic Ocean 
management unit.
    (c) Shark. (1) Persons that own or operate a vessel that possesses a 
shark from the management unit may sell such shark only if the vessel 
has a valid commercial permit for shark issued under this part. Persons 
may possess and sell a shark only when the fishery for that species 
group has not been closed, as specified in Sec. 635.28(b)(3).
    (2) Persons that own or operate a vessel for which a valid 
commercial shark permit has been issued and on which a shark from the 
management unit is possessed, may sell such shark only to a dealer that 
has a valid permit for shark issued under this part.
    (3) Persons that own or operate a vessel for which a valid 
commercial shark permit has been issued may not sell fins from a shark 
harvested from the management unit, or harvested in the Atlantic Ocean 
by a vessel for which a commercial permit for shark has been issued, 
that are disproportionate to the weight of shark carcasses landed (the 
wet fins may not exceed 5 percent of the weight of the carcasses).
    (4) Only dealers that have a valid permit for shark may purchase a 
shark from the owner or operator of a fishing vessel. Dealers may 
purchase a shark only from an owner or operator of a vessel who has a 
valid commercial permit for shark issued under this part, except that 
dealers may purchase a shark from an owner or operator of a vessel that 
does not have a commercial permit for shark if that vessel fishes 
exclusively in state waters. Dealers may purchase a shark from an owner 
or operator of fishing vessel that has a permit issued under this part 
only when the fishery for that species group has not been closed, as 
specified in Sec. 635.28(b)(3).
    (5) Dealers may not purchase from an owner or operator of a fishing 
vessel shark fins that are disproportionate to the weight of shark 
carcasses landed (the wet fins may not exceed 5 percent of the weight of 
the carcasses).
    (d) Swordfish. (1) Persons that own or operate a vessel on which a 
swordfish

[[Page 212]]

in or from the Atlantic Ocean is possessed may sell such swordfish only 
if the vessel has a valid commercial permit for swordfish issued under 
this part. Persons may sell such swordfish only to a dealer who has a 
valid permit for swordfish issued under this part.
    (2) Dealers may purchase a swordfish harvested from the Atlantic 
Ocean only from an owner or operator of a fishing vessel that has a 
valid commercial permit for swordfish issued under this part.



Sec. 635.32  Specifically authorized activities.

    (a) General. Consistent with the provisions of Sec. 600.745 of this 
chapter, except as indicated in this section, NMFS may authorize for the 
conduct of scientific research or the acquisition of information and 
data, for the enhancement of safety at sea, for the purpose of 
collecting animals for public education or display, or for investigating 
the reduction of bycatch, economic discards or regulatory discards, 
activities otherwise prohibited by the regulations contained in this 
part. Activities subject to the provisions of this section include, but 
are not limited to, scientific research resulting in, or likely to 
result in, the take, harvest or incidental mortality of Atlantic HMS, 
exempted fishing and exempted educational activities, or programs under 
which regulated species retained in contravention to otherwise 
applicable regulations may be donated through approved food bank 
networks. Such activities must be authorized in writing and are subject 
to all conditions specified in any letter of acknowledgment, exempted 
fishing permit or scientific research permit issued in response to 
requests for authorization under this section. For the purposes of all 
regulated species covered under this part, NMFS has the sole authority 
to issue permits, authorizations, and acknowledgments. If a regulated 
species landed or retained under the authority of this section is 
subject to a quota, the fish shall be counted against the quota category 
as specified in the written authorization.
    (b) Scientific research activities. For the purposes of all species 
covered under this part regulated under the authority of ATCA, the 
provisions for research plans under Sec. 600.745(a) and reports under 
Sec. 600.745(c)(1) of this chapter are mandatory. In such cases of 
authorized scientific research activities, NMFS shall issue scientific 
research permits. For scientific research activities involving the 
capture of Atlantic sharks, research plans and reports are requested; 
letters of acknowledgment shall be issued by NMFS as indicated under 
Sec. 600.745(a) of this chapter.
    (c) Exempted fishing permits. (1) For activities consistent with the 
purposes of this section and Sec. 600.745(b)(1) of this chapter, other 
than scientific research conducted from a scientific research vessel, 
NMFS may issue exempted fishing permits. Application procedures shall be 
as indicated under Sec. 600.745(b)(2) of this chapter, except that NMFS 
may consolidate requests for the purposes of obtaining public comment. 
In such cases, NMFS may file with the Office of the Federal Register for 
publication notification on an annual or, as necessary, more frequent 
basis to report on previously authorized exempted fishing activities and 
to solicit public comment on anticipated exempted fishing requests.
    (2) Notwithstanding the provisions of Sec. 600.745 of this chapter 
and other provisions of this part, a valid shark EFP is required to fish 
for, take, retain, or possess a shark in or from the Atlantic EEZ for 
the purposes of public display under the shark public display quota 
specified in Sec. 635.27(b)(2). A valid shark EFP must be on board the 
harvesting vessel, must be available when the shark is landed, must be 
available when the shark is transported to the display facility, and 
must be presented for inspection upon request of an authorized officer. 
A shark EFP is valid for the specific time, area, gear, and species 
specified on it.
    (3) To be eligible for a shark EFP, a person must provide all 
information concerning his or her identification, numbers by species of 
sharks to be collected, when and where they will be collected, vessel(s) 
and gear to be used, description of the facility where they will be 
displayed, and any other information that may be necessary for the 
issuance or administration of the permit, as requested by NMFS.

[[Page 213]]

    (4) Written reports on fishing activities and disposition of catch 
must be submitted to NMFS at an address designated by NMFS, for each 
fish collected within 5 days of the collection. An annual written 
summary report of all fishing activities and disposition of all fish 
collected under the permit must also be submitted to NMFS at an address 
designated by NMFS. NMFS will provide specific conditions and 
requirements, consistent with the Fishery Management Plan for Atlantic 
Tunas, Swordfish, and Sharks in the EFP.



Sec. 635.33  Archival tags.

    (a) Implantation report. Any person affixing or implanting an 
archival tag into a regulated species must obtain written authorization 
from NMFS pursuant to Sec. 635.32. Persons so authorized to conduct 
archival tag implantation must provide a written report to NMFS at an 
address designated by NMFS, indicating the type and number of tags, the 
species and approximate size of the fish as well as any additional 
information requested in the authorization.
    (b) Landing. Notwithstanding other provisions of this part, persons 
may catch, possess, retain, and land an Atlantic HMS in which an 
archival tag has been implanted or affixed, provided such persons comply 
with the requirements of paragraph (c) of this section.
    (c) Landing report. Persons that retain an Atlantic HMS that has an 
archival tag must contact NMFS, prior to or at the time of landing; 
furnish all requested information regarding the location and method of 
capture; and, as instructed, remove the archival tag and return it to 
NMFS or make the fish available for inspection and recovery of the tag 
by a NMFS scientist, enforcement agent, or other person designated in 
writing by NMFS.
    (d) Quota monitoring. If an Atlantic HMS landed under the authority 
of paragraph (b) of this section is subject to a quota, the fish will be 
counted against the applicable quota for the species consistent with the 
fishing gear and activity which resulted in the catch. In the event such 
fishing gear or activity is otherwise prohibited under applicable 
provisions of this part, the fish shall be counted against the reserve 
quota established for that species.



Sec. 635.34  Adjustment of management measures.

    (a) NMFS may adjust the catch limits for BFT, as specified in 
Sec. 635.23, and the quotas for BFT, shark, and swordfish, as specified 
in Sec. 635.27.
    (b) In accordance with the framework procedures in the Fishery 
Management Plan for Atlantic Tunas, Swordfish, and Sharks and the 
Fishery Management Plan for Atlantic Billfishes, NMFS may establish or 
modify for species or species groups of Atlantic HMS the following 
management measures: maximum sustainable yield or optimum yield levels 
based on the latest stock assessment or updates in the SAFE report; 
domestic quotas; recreational and commercial retention limits, including 
target catch requirements; size limits; fishing years or fishing 
seasons; species in the management unit and the specification of the 
species groups to which they belong; permitting and reporting 
requirements; Atlantic tunas Purse Seine category cap on bluefin tuna 
quota; time/area restrictions; allocations among user groups; gear 
prohibitions, modifications, or use restrictions; effort restrictions; 
essential fish habitat; and actions to implement ICCAT recommendations, 
as appropriate.



                   Subpart D--Restrictions on Imports



Sec. 635.40  Restrictions to enhance conservation.

    (a) Determinations. Upon a determination by NMFS that species of 
fish subject to regulation or under investigation by ICCAT are 
ineligible for entry into the United States under 16 U.S.C. 971d (c)(4) 
or (c)(5), NMFS, with the concurrence of the Secretary of State, will 
file with the Office of the Federal Register for publication a finding 
to that effect. Effective upon the date of filing of such finding, all 
shipments of fish in any form of the species found to be ineligible will 
be denied entry unless, with respect to a particular shipment, it is 
established by satisfactory proof pursuant to paragraph (b) of this 
section that the particular shipment of fish is eligible for entry. 
Entry will not

[[Page 214]]

be denied and no such proof will be required for any such shipment that, 
on the date of filing was in transit to the United States on board a 
vessel operating as a common carrier.
    (b) Proof of admissibility. (1) For the purposes of paragraph (a) of 
this section and section 6(c) of ATCA, a shipment of fish in any form of 
the species under regulation or under investigation by ICCAT offered for 
entry, directly or indirectly, from a country named in a finding filed 
with the Office of the Federal Register for publication under paragraph 
(a) of this section is eligible for entry if the shipment is accompanied 
by a completed ATCA COE attached to the invoice certifying that the fish 
in the shipment:
    (i) Are not of the species specified in the finding;
    (ii) Are of the species named in the finding, but were not taken in 
the regulatory area; or
    (iii) Are of the species named in the finding, but are products of 
an American fishery and were lawfully taken in conformity with 
applicable conservation laws and regulations and landed in the country 
named in the finding solely for transshipment.
    (2) If the fish are offered for entry under paragraph (b)(1)(i) or 
(b)(1)(ii) of this section, the ATCA COE must be executed by a duly 
authorized official of the country named in the finding and the ATCA COE 
must be validated by a consular officer or consular agent of the United 
States. Such validation must be attached to the ATCA COE.
    (3) If the fish are offered for entry under paragraph (b)(1)(iii) of 
this section, the ATCA COE must be executed by a consular officer or 
consular agent of the United States and be accompanied by the 
declaration(s) required by 19 CFR 10.79. The ``Declaration of Master and 
Two Members of Crew on Entry of Products of American Fisheries'' 
required by 19 CFR 10.79 must contain a further statement as follows: 
``We further declare that the said fish were caught by us in full 
compliance with part 635, title 50, Code of Federal Regulations, and 
such other conservation laws and regulations as were applicable at the 
time the fishing operation was in progress.''
    (c) Removal of import restrictions. Upon a determination by NMFS 
that the conditions no longer exist that warranted the the finding under 
paragraph (a) of this section, NMFS will remove the import restriction 
by filing with the Office of the Federal Register for publication 
notification of removal effective on the date of filing. However, for 1 
year from the date of filing every shipment of fish in any form that was 
subject to the finding under paragraph (a) of this section will continue 
to be denied entry, unless the shipment is accompanied by a 
certification executed by an authorized official of the country of 
export and authenticated by a consular officer or consular agent of the 
United States certifying that no portion of the shipment is composed of 
fish taken prior to or during the import restriction.



Sec. 635.41  Species subject to documentation requirements.

    Imports into the United States and exports or re-exports from the 
United States of all BFT or BFT products, regardless of ocean area of 
catch, are subject to the documentation requirements of this subpart.
    (a) Documentation is required for BFT identified by the following 
item numbers from the Harmonized Tariff Schedule:
    (1) Fresh or chilled BFT, excluding fillets and other fish meat, No. 
0302.39.00.20.
    (2) Frozen BFT, excluding fillets, No. 0303.49.00.20.
    (b) In addition, BFT products in other forms (e.g., chunks, fillets, 
canned) listed under any other item numbers from the Harmonized Tariff 
Schedule are subject to the documentation requirements of this subpart, 
except that fish parts other than meat (e.g., heads, eyes, roe, guts, 
tails) may be allowed entry without said statistical documentation.
    (c) Southern bluefin tuna (Thunnus maccoyii) may be allowed entry 
without the statistical documentation required under this section.



Sec. 635.42  Documentation requirements.

    (a) BFT imports. (1) Imports of all BFT products into the United 
States must be accompanied at the time of

[[Page 215]]

entry (filing of Customs Form 7501 or electronic equivalent) by an 
original completed approved BSD with the information and exporter's 
certification specified in Sec. 635.43(a). Customs Form 7501 can be 
obtained by contacting U.S. Customs at http://www.customs.treas.gov/
order.htm. Such information must be validated as specified in 
Sec. 635.44(a) by a responsible government official of the country whose 
flag vessel caught the tuna (regardless of where the fish are first 
landed).
    (2) BFT imported into the United States from a country requiring a 
BSD tag on all such tuna available for sale must be accompanied by the 
appropriate BSD tag issued by that country, and said BSD tag must remain 
on any tuna until it reaches its final import destination. If the final 
import destination is the United States, the BSD tag must remain on the 
tuna until it is cut into portions. If the tuna portions are 
subsequently packaged for domestic commercial use or re-export, the BSD 
tag number and the issuing country must be written legibly and indelibly 
on the outside of the package.
    (3) A dealer who sells BFT that was previously imported into the 
United States for domestic commercial use must provide on the original 
BSD that accompanied the import shipment the correct information and 
importer's certification specified in Sec. 635.43(a)(13) and must note 
on the top of the BSD the entry number assigned at the time of filing 
the entry summary. The original of the completed BSD must be postmarked 
and mailed, or faxed, by said dealer to NMFS at an address designated by 
NMFS within 24 hours of the time the tuna was imported into the United 
States.
    (b) BFT exports. (1) A dealer who exports BFT that was harvested by 
U.S. vessels and first landed in the United States must complete an 
original numbered BSD issued to that dealer by NMFS. Such an 
individually numbered document is not transferable and may be used only 
once by the dealer to which it was issued to report on a specific export 
shipment. A dealer must provide on the BSD the correct information and 
exporter certification specified in Sec. 635.43(a). The BSD must be 
validated as specified in Sec. 635.44(b). A list of such officials may 
be obtained by contacting NMFS. A dealer requesting U.S. Government 
validation for exports should notify NMFS as soon as possible after 
arrival of the vessel to avoid delays in inspection and validation of 
the export shipment.
    (2) A dealer who re-exports BFT that was previously imported into 
the United States through filing an entry summary (Customs Form 7501 or 
electronic equivalent) must provide on the original BSD that accompanied 
the import shipment the correct information and intermediate importer's 
certification specified in Sec. 635.43(a)(13) and must note on the top 
of the BSD the entry number assigned at the time of filing the entry 
summary. This requirement does not apply to BFT destined from one 
foreign country to another which transits the United States and for 
which an entry summary (Customs Form 7501 or electronic equivalent) is 
not filed and for which a Shipper's Export Declaration for in-transit 
merchandise (Customs Form 7513 or electronic equivalent) is filed. 
Customs Form 7513 can be obtained by contacting U.S. Customs at http://
www.customs.treas.gov/order.htm.
    (3) A dealer must submit the original of the completed BSD to 
accompany the shipment of BFT to its export or re-export destination. A 
copy of the BSD completed as specified under paragraph (b)(1) or (b)(2) 
of this section must be postmarked and mailed by said dealer to NMFS, at 
an address designated by NMFS, within 24 hours of the time the tuna was 
exported or re-exported from the United States.
    (c) Recordkeeping. A dealer must retain at his or her principal 
place of business a copy of each BSD required to be submitted to NMFS 
pursuant to this section for a period of 2 years from the date on which 
it was submitted to NMFS.



Sec. 635.43  Contents of documentation.

    (a) A BSD, to be deemed complete, must state:
    (1) The document number assigned by the country issuing the 
document.
    (2) The name of the country issuing the document, which must be the 
country whose flag vessel harvested the

[[Page 216]]

BFT, regardless of where the tuna is first landed.
    (3) The name of the vessel that caught the fish and the vessel's 
registration number, if applicable.
    (4) The name of the owner of the trap that caught the fish, if 
applicable.
    (5) The point of export, which is the city, state or province, and 
country from which the BFT is first exported.
    (6) The product type (fresh or frozen) and product form (round, 
gilled and gutted, dressed, fillet, or other).
    (7) The method of fishing used to harvest the fish (e.g., purse 
seine, trap, rod and reel).
    (8) The ocean area from which the fish was harvested (i.e., western 
Atlantic, eastern Atlantic, Mediterranean, or Pacific).
    (9) The weight of each fish (in kilograms for the same product form 
previously specified).
    (10) The identifying BSD tag number, if landed by vessels from 
countries with tagging programs.
    (11) The name and license number of, and be signed and dated in the 
exporter's certification block by, the exporter.
    (12) If applicable, the name and title of, and be signed and dated 
in the validation block by, a responsible government official of the 
country whose flag vessel caught the tuna (regardless of where the tuna 
are first landed) or by an official of an institution accredited by said 
government, with official government or accredited institution seal 
affixed, thus validating the information on the BSD.
    (13) As applicable, the name(s) and address(es), including the name 
of the city and state or province of import, and the name(s) of the 
intermediate country(ies) or the name of the country of final 
destination, and license number(s) of, and be signed and dated in the 
importer's certification block by each intermediate and the final 
importer.
    (b) An approved BSD may be obtained from NMFS to accompany exports 
of BFT from the United States. A BFT dealer in a country that does not 
provide an approved BSD to exporters may obtain an approved BSD from 
NMFS to accompany exports to the United States.
    (c) A dealer who exports bluefin tuna to the United States may use 
the approved BSD obtainable from NMFS or a document developed by the 
country of export, if that country submits a copy to the ICCAT Executive 
Secretariat and NMFS concurs with the ICCAT Secretariat's determination 
that the document meets the information requirements of the ICCAT 
recommendation. In such case, NMFS will provide a list of countries for 
which BSDs are approved, with examples of approved documents, to the 
appropriate official of the U.S. Customs Service. Effective upon the 
date indicated in such notice to the U.S. Customs Service, shipments of 
BFT or BFT products offered for importation from said country(ies) may 
be accompanied by either that country's approved BSD or by the BSD 
provided to the foreign country exporter by NMFS.



Sec. 635.44  Validation requirements.

    (a) Imports. The approved BSD accompanying any import of BFT, 
regardless of whether the issuing country is a member of ICCAT, must be 
validated by a government official from the issuing country, unless NMFS 
waives this requirement for that country following a recommendation to 
do so by the ICCAT Secretariat. NMFS will furnish a list of countries 
for which government validation requirements are waived to the 
appropriate official of the U.S. Customs Service. Such list will 
indicate the circumstances of exemption for each issuing country and the 
non-government institutions, if any, accredited to validate BSDs for 
that country.
    (b) Exports. The approved BSD accompanying any export of BFT from 
the United States must be validated by a U.S. Government official, 
except pursuant to a waiver, if any, specified on the form and 
accompanying instructions, or in a letter to the permitted dealer from 
NMFS. Any waiver of government validation will be consistent with ICCAT 
recommendations concerning validation of BSDs. If authorized, such 
waiver of government validation may include:
    (1) Exemptions from government validation for fish with individual 
BSD

[[Page 217]]

tags affixed pursuant to Sec. 300.26 of this title or 
Sec. 635.5(b)(2)(ii); or
    (2) Validation by non-government officials authorized to do so by 
NMFS under paragraph (c) of this section.
    (c) Authorization for non-government validation. An institution or 
association seeking authorization to validate BSDs accompanying exports 
from the United States must apply in writing to the Director for such 
authorization. The application must indicate the procedures to be used 
for verification of information to be validated, list the names, 
addresses, and telephone/fax numbers of individuals to perform 
validation, and provide an example of the stamp or seal to be applied to 
the BSD. NMFS, upon finding the institution or association capable of 
verifying the information required on the BSD, will issue, within 30 
days, a letter specifying the duration of effectiveness and conditions 
of authority to validate BSDs accompanying exports from the United 
States. The effectiveness of such authorization will be delayed as 
necessary for NMFS to notify the ICCAT Secretariat of non-government 
institutions and associations authorized to validate BSDs.



Sec. 635.45  Import restrictions for Belize, Honduras, and Panama.

    All shipments of BFT or BFT products in any form harvested by a 
vessel of Belize, Honduras, or Panama will be denied entry into the 
United States.



Sec. 635.46  Import restrictions on swordfish.

    (a) General. To facilitate enforcement of domestic regulations, a 
swordfish, or part thereof, less than the minimum size specified at 
Sec. 635.20(e) may not be imported, or attempted to be imported, into 
the United States unless it is accompanied by the swordfish certificate 
of eligibility as specified in paragraph (b) of this section attesting 
either that the swordfish was harvested from an ocean area other than 
the Atlantic Ocean or that the fish part was derived from a swordfish, 
harvested from the Atlantic Ocean, that weighed at least 33 lb (15 kg) 
dw at harvest.
    (b) Swordfish COE. (1) A shipment of swordfish in any form offered 
for import into the United States, directly or indirectly, from any 
country is admissible only if accompanied by a swordfish COE. A 
swordfish COE is required for swordfish identified by any item number 
from the Harmonized Tariff Schedule including but not limited to the 
following:
    (i) Fresh or chilled swordfish steaks, No. 0302.69.20.41.
    (ii) Fresh or chilled swordfish, excluding steaks, No. 
0302.69.20.49.
    (iii) Frozen swordfish steaks, No. 0302.79.20.41.
    (iv) Frozen swordfish, excluding fillets, steaks and other fish 
meat, No. 0302.79.20.49.
    (v) Frozen swordfish, fillets, No. 0304.20.60.92.
    (2) The swordfish COE required under this section must indicate, in 
English, the flag state of the harvesting vessel, the ocean area of 
harvest and, if the shipment contains swordfish or parts thereof less 
than the minimum size specified at Sec. 635.20(e), the reason such 
swordfish is eligible for entry, as specified in paragraph (a) of this 
section. The swordfish COE shall be attached to the invoice accompanying 
the swordfish shipment from the point of original export up to and 
including the point of first transaction in the United States.
    (3) The swordfish COE required under this section must include, in 
English, the date, the name, the title of the governmental official or 
other authorized person, and the name of the authorizing government 
agency of the country exporting the swordfish to the United States. The 
swordfish COE must be signed and dated by that governmental official or 
authorized person with an official government seal affixed, thus 
validating the information on the COE. (4) A swordfish COE may refer to 
swordfish taken from only one ocean area of harvest (i.e., Atlantic, 
Pacific, Indian) and by vessels under the jurisdiction of only one 
nation. If a shipment contains swordfish taken from more than one ocean 
area, or swordfish harvested by several vessels from different flag 
states, a separate swordfish COE must accompany the shipment for each 
ocean area of harvest and for each flag nation of the harvesting 
vessels.

[[Page 218]]

    (5) A model swordfish COE can be obtained by contacting the Division 
Chief. An equivalent form may be used provided it contains all the 
information required under this section.
    (6) The importer must write the Customs Form 7501 entry number on 
each swordfish COE and attach to the dealer report form all swordfish 
COEs from shipments that are recorded on the bi-weekly dealer report 
form.



Sec. 635.47  Ports of entry.

    NMFS shall monitor the importation of BFT and swordfish into the 
United States. If NMFS determines that the diversity of handling 
practices at certain ports at which BFT or swordfish is being imported 
into the United States allows for circumvention of the BSD or swordfish 
COE requirement, NMFS may designate, after consultation with the U.S. 
Customs Service, those ports at which Pacific or Atlantic bluefin tuna 
or swordfish from any source may be imported into the United States. 
NMFS shall announce through filing with the Office of the Federal 
Register for publication the names of ports so designated and the 
effective dates of entry restrictions.



                 Subpart E-International Port Inspection



Sec. 635.50  Basis and purpose.

    The regulations in this subpart implement the ICCAT port inspection 
scheme. The text of the ICCAT port inspection scheme may be obtained 
from NMFS.



Sec. 635.51  Authorized officer.

    For the purposes of this subpart, an authorized officer is a person 
appointed by an ICCAT contracting party to serve as an authorized 
inspector for ICCAT, and who possesses identification issued by the 
authorized officer's national government.



Sec. 635.52  Vessels subject to inspection.

    (a) All U.S. fishing vessels or vessels carrying fish species 
subject to regulation pursuant to a recommendation of ICCAT, and their 
catch, gear, and relevant documents, including fishing logbooks and 
cargo manifests, are subject to inspection under this subpart to verify 
compliance with ICCAT measures by an authorized officer when landing or 
transshipping tuna or when making a port call at a port of any ICCAT 
contracting party.
    (b) A vessel, or a vessel carrying fish species subject to 
regulation pursuant to a recommendation of ICCAT, that is registered by 
any of the ICCAT contracting parties, and the vessel's catch, gear, and 
relevant documents, including fishing logbooks and cargo manifests, are 
subject to inspection under this subpart to verify compliance with ICCAT 
measures when landing or transshipping regulated species or when making 
a port call in the United States.
    (c) The master of a vessel, or a vessel carrying fish species 
subject to regulation pursuant to a recommendation of ICCAT, must 
cooperate with an authorized officer during the conduct of an inspection 
in national and foreign ports. Inspections will be carried out so that 
the vessel suffers minimum interference and inconvenience, and so that 
degradation of the quality of catch is avoided.



Sec. 635.53  Reports.

    (a) Apparent violations shall be reported by the authorized officer 
on a standardized ICCAT form or form produced by the national government 
which collects the same quality of information. The authorized officer 
must sign the form in the presence of the master of the vessel, who is 
entitled to add or have added to the report any observations, and to add 
his own signature. The authorized officer should note in the vessel's 
log that the inspection has been made.
    (b) Copies of the report form must be sent to the flag state of the 
vessel and to the ICCAT Secretariat within 10 days. Flag states will 
consider and act on reports of apparent violations by foreign inspectors 
on a similar basis as the reports of their national inspectors in 
accordance with their national legislation. The vessel's flag state will 
notify ICCAT of actions taken to address the violation.

[[Page 219]]



                          Subpart F-Enforcement



Sec. 635.69  Vessel monitoring systems.

    (a) Applicability. To facilitate enforcement of time-area and 
fishery closures, an owner or operator of a commercial vessel permitted 
to fish for Atlantic HMS under Sec. 635.4 and that fishes with a pelagic 
longline is required to install a NMFS-approved vessel monitoring system 
(VMS) unit on board the vessel and operate the VMS unit whenever the 
vessel leaves port with pelagic longline gear on board.
    (b) Hardware specifications. The VMS hardware must be approved by 
NMFS and must be able to perform all NMFS required functions. NMFS will 
file with the Office of the Federal Register for publication 
notification listing the specifications for approved VMS units. As 
necessary, NMFS will make additions and/or amendments to the VMS 
hardware type approval list to account for changes in specifications or 
new products offered by manufacturers. NMFS will file with the Office of 
the Federal Register for publication notification listing such additions 
and/or amendments.
    (c) Communications specifications. The communications service 
provider must be approved by NMFS and must be able to provide all NMFS 
required functions. NMFS will file with the Office of the Federal 
Register for publication notification listing the specifications for 
approved VMS communications service providers. As necessary, NMFS will 
make additions and/or amendments to the VMS communications service 
providers type approval list to account for changes in specifications or 
new services offered by communications providers. NMFS will file with 
the Office of the Federal Register for publication notification listing 
such additions and/or amendments.
    (d) Installation and service activation. When installing and 
activating the NMFS-approved VMS unit, a vessel owner or operator must 
follow procedures indicated on an installation and activation checklist 
obtained from NMFS. Re-installation shall require the same checklist. 
Upon completion of installation, the vessel owner must sign a statement 
certifying compliance with the installation procedures of the checklist 
and submit such certification to NMFS as indicated on the checklist. 
Vessels fishing prior to submission of the certification will be in 
violation of the VMS requirement.
    (e) Operation. Owners or operators of vessels permitted, or required 
to be permitted, to fish for HMS that have pelagic longline gear on 
board, must activate the VMS to submit automatic position reports 
beginning 2 hours prior to leaving port and not ending until the vessel 
returns to port. While at sea, the unit must operate without 
interruption and no person may interfere with, tamper with, alter, 
damage, disable, or impede the operation of a VMS, or attempt any of the 
same. Vessels fishing outside the geographic area of operation of the 
installed VMS will be in violation of the VMS requirement.
    (f) Interruption. When the vessel operator is aware that 
transmission of automatic position reports has been interrupted, or when 
notified by NMFS that automatic position reports are not being received, 
the vessel operator must contact NMFS and follow the instructions given. 
Such instructions may include but are not limited to manually 
communicating to a location designated by NMFS the vessel's position or 
returning to port until the VMS is operable.
    (g) Repair and replacement. After a fishing trip during which 
interruption of automatic position reports has occurred, the vessel's 
owner or operator must replace or repair the VMS unit prior to the 
vessel's next trip. Repair or reinstallation of a VMS unit or 
installation of a replacement, including change of communications 
service provider shall be in accordance with the checklist provided by 
NMFS and require the same certification.
    (h) Access. As a condition to obtaining a limited access permit for 
Atlantic swordfish, sharks or tunas, all vessel owners or operators 
using pelagic longline gear subject to the VMS provisions of this 
section must allow NMFS, the USCG, and their authorized officers and 
designees access to the vessel's position data obtained from the VMS at 
the time of or after its transmission to

[[Page 220]]

the vendor or receiver, as the case may be.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999]

    Effective Date Note: At 64 FR 29135, May 28, 1999, Sec. 635.69 was 
added, effective Sept. 1, 1999. At 64 FR 43101, Aug. 9, 1999, the 
effective date was delayed until Jan. 1, 2000.



Sec. 635.70  Penalties.

    (a) General. See Sec. 600.735 of this chapter.
    (b) Civil procedures for Atlantic tuna. Because of the perishable 
nature of Atlantic tuna when it is not chilled or frozen, an authorized 
officer may cause to be sold, for not less than its reasonable market 
value, unchilled or unfrozen Atlantic tuna that may be seized and 
forfeited under ATCA and this part.



Sec. 635.71  Prohibitions.

    In addition to the prohibitions specified in Sec. 600.725 of this 
chapter, it is unlawful for any person subject to the jurisdiction of 
the United States to violate any provision of this part, ATCA, the 
Magnuson-Stevens Act, or any other rules promulgated under ATCA or the 
Magnuson-Stevens Act.
    (a) General. It is unlawful for any person or vessel subject to the 
jurisdiction of the United States to:
    (1) Falsify information required on an application for a permit 
submitted under Sec. 635.4 or Sec. 635.16.
    (2) Fish for, catch, possess, retain, or land an Atlantic HMS 
without the appropriate valid vessel permit, LAP, or EFP on board the 
vessel, as specified in Secs. 635.4 and 635.32.
    (3) Purchase, receive, or transfer or attempt to purchase, receive, 
or transfer, for commercial purposes, any Atlantic HMS landed by owners 
of vessels not permitted to do so under Sec. 635.4, or purchase, 
receive, or transfer, or attempt to purchase, receive, or transfer, for 
commercial purposes, any Atlantic HMS without the appropriate valid 
dealer permit issued under Sec. 635.4, 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 fishes exclusively within the waters under the 
jurisdiction of any state.
    (4) Sell or transfer or attempt to sell or transfer an Atlantic 
tuna, shark, or swordfish other than to a dealer that has a valid dealer 
permit issued under Sec. 635.4, 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 fishes exclusively within the waters under the 
jurisdiction of any state.
    (5) Fail to possess and make available for inspection a vessel 
permit on board the permitted vessel or upon transfer of HMS to a dealer 
or a dealer permit at the dealer's place of business, or to alter any 
such permit as specified in Sec. 635.4(a).
    (6) Falsify or fail to record, report, or maintain information 
required to be recorded, reported, or maintained, as specified in 
Sec. 635.5.
    (7) Fail to allow an authorized agent of NMFS to inspect and copy 
reports and records, as specified in Sec. 635.5(f).
    (8) Fail to make available for inspection an Atlantic HMS or its 
area of custody, as specified in Sec. 635.5(g).
    (9) Fail to report the catching of any Atlantic HMS to which a 
conventional tag has been affixed under a tag and release program.
    (10) Falsify or fail to display and maintain vessel and gear 
identification, as specified in Sec. 635.6.
    (11) Fail to comply with the requirements for at-sea observer 
coverage, as specified in Sec. 635.7 and Sec. 600.746.
    (12) For any person to assault, resist, oppose, impede, intimidate, 
interfere with, obstruct, delay, or prevent, by any means, any 
authorized officer in the conduct of any search, inspection, seizure or 
lawful investigation made in connection with enforcement of this part.
    (13) Interfere with, delay, or prevent by any means, the 
apprehension of another person, knowing that such person has committed 
any act prohibited by this part.
    (14) Fail to install, activate, repair or replace a vessel 
monitoring system prior to leaving port with pelagic longline gear on 
board the vessel as specified in Sec. 635.69.
    (15) Tamper with, or fail to operate and maintain a vessel 
monitoring system as specified in Sec. 635.69.

[[Page 221]]

    (16) Fail to contact NMFS or follow NMFS instructions when automatic 
position reporting has been interrupted as specified in Sec. 635.69.
    (17) Fish for Atlantic tunas or swordfish with a gillnet for or 
possess Atlantic tunas or swordfish on board a vessel with a gillnet on 
board, as specified in Sec. 635.21 (b), (d)(1), and (d)(4)(ii).
    (18) Fail to retrieve fishing gear and move after an interaction 
with a marine mammal or sea turtle, as specified in Sec. 635.21(c)(3).
    (19) Fail to release an Atlantic HMS in the manner specified in 
Sec. 635.21(a).
    (20) Fail to report the retention of an Atlantic HMS that has an 
archival tag, as specified in Sec. 635.33.
    (21) Fail to maintain an Atlantic HMS in the form specified in 
Sec. 635.30.
    (22) Fish for, catch, retain, or possess an Atlantic HMS that is 
less than its minimum size limit specified in Sec. 635.20.
    (23) Fail to comply with the restrictions on use of a pelagic 
longline or shark gillnet as specified in Sec. 635.21 (c) and (d)(3)(ii) 
and (iii).
    (24) Import any BFT or swordfish in a manner inconsistent with any 
ports of entry designated by NMFS as authorized by Sec. 635.47.
    (25) 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 of an authorized officer.
    (26) Violate the terms and conditions or any provision of an 
exempted fishing permit or scientific research permit issued under the 
authority of Sec. 635.32.
    (27) Operate a charterboat or headboat without a valid U.S. Coast 
Guard merchant marine or uninspected passenger vessel license on board 
the vessel when fishing for or possessing Atlantic HMS as specified at 
Sec. 635.4(c)(2).
    (28) Violate any provision of this part, the Magnuson-Stevens Act, 
ATCA, or any regulations or permits issued under the Magnuson-Stevens 
Act or ATCA.
    (29) Fail to comply with the restrictions on importing HMS as 
specified at Secs. 635.40, 635.41 and 635.46.
    (b) Atlantic tunas. It is unlawful for any person or vessel subject 
to the jurisdiction of the United States to:
    (1) Engage in fishing with a vessel that has a permit for Atlantic 
tuna under Sec. 635.4, unless the vessel travels to and from the area 
where it will be fishing under its own power and the person operating 
that vessel brings any BFT under control (secured to the catching vessel 
or on board) with no assistance from another vessel, except as shown by 
the operator that the safety of the vessel or its crew was jeopardized 
or other circumstances existed that were beyond the control of the 
operator.
    (2) Import or export bluefin tuna without a dealer permit, as 
specified in Sec. 635.4(a)(4) and (g)(1).
    (3) Fish for, catch, retain, or possess a BFT less than the large 
medium size class by a vessel other than one that has on board an 
Angling category Atlantic tunas permit, an HMS or Atlantic Tunas 
Charter/Headboat permit, or a Purse Seine category Atlantic tunas permit 
as authorized under Sec. 635.23 (b), (c), and (e)(2).
    (4) Fail to inspect a vessel's permit, fail to affix a dealer tag to 
a large medium or giant BFT, or fail to use such tag as specified in 
Sec. 635.5(b)(2).
    (5) Fail to report a large medium or giant BFT that is not sold, as 
specified in Sec. 635.5(a)(3) and Sec. 635.5(c).
    (6) As an angler, fail to report a BFT, as specified in 
Sec. 635.5(a)(3).
    (7) Fish for, catch, retain, or possess a BFT with gear not 
authorized for the category permit issued to the vessel or to have on 
board such gear when in possession of a BFT, as specified in 
Sec. 635.21(d)(1).
    (8) Fail to request an inspection of a purse seine vessel, as 
specified in Sec. 635.21(d)(1)(vi)(B).
    (9) Fish for or catch BFT in a directed fishery with purse seine 
nets without an allocation made under Sec. 635.27(a)(4).
    (10) Fish for or catch any Atlantic tunas in a directed fishery with 
purse seine nets from August 15 through December 31 if there is no 
remaining BFT allocation made under Sec. 635.27 (a)(4).
    (11) Exceed the recreational catch limit for yellowfin tuna, as 
specified in Sec. 635.22(d).
    (12) Exceed a catch limit for BFT specified for the appropriate 
permit category, as specified in Sec. 635.23.

[[Page 222]]

    (13) As a vessel with a General category Atlantic tuna permit, fail 
to immediately cease fishing and immediately return to port after 
catching a large medium or giant BFT on a commercial fishing day, as 
specified in Sec. 635.23(a)(3).
    (14) As a vessel with an Angling category Atlantic tunas permit or 
an HMS or Atlantic Tunas Charter/Headboat permit, fail to immediately 
cease fishing and immediately return to port after catching a large 
medium or giant BFT or fail to report such catch, as specified in 
Sec. 635.23(b)(1)(iii) and (c)(1) through (c)(3).
    (15) As a vessel with an Angling category Atlantic tunas permit or 
an HMS or Atlantic Tunas Charter/Headboat permit, sell, offer for sale, 
or attempt to sell a large medium or giant BFT after fishing under the 
circumstances specified in Sec. 635.23(b)(1)(iii) and (c)(1) through 
(3).
    (16) Retain a BFT caught under the catch and release program 
specified in Sec. 635.26.
    (17) As a vessel with a Purse Seine category Atlantic tuna permit, 
catch, possess, retain, or land BFT in excess of its allocation of the 
Purse Seine category quota, or fish for BFT under that allocation prior 
to August 15, as specified in Sec. 635.27(a)(4).
    (18) As a vessel with a Purse Seine category Atlantic tunas permit, 
land BFT smaller than the large medium size class except as specified 
under Sec. 635.23(e)(2).
    (19) Fish for, retain, possess, or land a BFT when the fishery is 
closed, as specified in Sec. 635.28(a), except as may be authorized for 
catch and release under Sec. 635.26.
    (20) Approach to within 100 yd (91.5 m) of the cork line of a purse 
seine net used by a vessel fishing for Atlantic tuna, or for a purse 
seine vessel to approach to within 100 yd (91.5 m) of a vessel actively 
fishing for Atlantic tuna, except that two vessels that have Purse Seine 
category Atlantic tuna permits may approach closer to each other.
    (21) Transfer at sea an Atlantic tuna, except as may be authorized 
for the transfer of BFT between purse seine vessels, as specified in 
Sec. 635.29(a).
    (22) As the owner or operator of a purse seine vessel, fail to 
comply with the requirements for weighing, measuring, and information 
collection specified in Sec. 635.30(a)(2).
    (23) Fish for, catch, possess, or retain a BFT from the Gulf of 
Mexico except as specified under Sec. 635.23(f)(1), or if taken 
incidental to recreational fishing for other species and retained in 
accordance with Sec. 635.23(b) and (c).
    (24) Fail to comply with the restrictions on sale and purchase of an 
Atlantic tuna, as specified in Secs. 635.5(b), 635.23, and 635.31(a).
    (25) Fail to comply with the documentation requirements for imported 
or exported BFT or BFT products, as specified in Sec. 635.42.
    (26) Import a BFT or BFT product into the United States from Belize, 
Panama, or Honduras other than as authorized in Sec. 635.45.
    (27) For any person to refuse to provide information requested by 
NMFS personnel or anyone collecting information for NMFS, under an 
agreement or contract, relating to the scientific monitoring or 
management of Atlantic tunas.
    (c) Billfish. It is unlawful for any person or vessel subject to the 
jurisdiction of the United States to:
    (1) Retain a billfish on board a vessel with a pelagic longline on 
board or harvested by gear other than rod and reel, as specified in 
Sec. 635.21(d)(2).
    (2) Transfer a billfish at sea, as specified in Sec. 635.29(a).
    (3) Fail to maintain a billfish in the form specified in 
Sec. 635.30(b).
    (4) Sell or purchase a billfish, as specified in Sec. 635.31(b).
    (5) Retain on board a vessel a longbill spearfish, or a blue marlin, 
white marlin or sailfish that is less than the minimum size specified in 
Sec. 635.20(d).
    (d) Shark. It is unlawful for any person or vessel subject to the 
jurisdiction of the United States to:
    (1) Exceed a recreational retention limit for shark, as specified in 
Sec. 635.22(c).
    (2) Exceed a commercial retention limit for shark, as specified in 
Sec. 635.24(a).
    (3) Retain, possess, or land a shark of a species group when the 
fishery for

[[Page 223]]

that species group is closed, as specified in Sec. 635.28(b)(1) and 
(b)(2).
    (4) Sell or purchase a shark of a species group when the fishery for 
that species group is closed, as specified in Sec. 635.28(b)(3).
    (5) Transfer a shark at sea, as specified in Sec. 635.29(b).
    (6) Remove the fins from a shark listed in tables 1 and 2 in 
appendix A to this part, and discard the remainder, or otherwise fail to 
maintain a shark in its proper form, as specified in Sec. 635.30(c)(1) 
through (c)(4).
    (7) Have on board a fishing vessel, sell, or purchase shark fins 
that are disproportionate to the weight of shark carcasses, as specified 
in Sec. 635.30(c)(2) and (c)(3).
    (8) Fail to have shark fins and carcasses weighed and recorded, as 
specified in Sec. 635.30(c)(3).
    (9) Fail to comply with the restrictions on sale and purchase of a 
shark, as specified in Sec. 635.31(c).
    (10) Retain, possess, sell, or purchase a prohibited shark.
    (11) Falsify information submitted under Sec. 635.16(d)(2) or (d)(4) 
in support of an application for an ILAP or an appeal of NMFS's denial 
of an ILAP for shark.
    (12) Fish for Atlantic sharks with unauthorized gear or possess 
Atlantic sharks on board a vessel with unauthorized gear on board as 
specified in Sec. 635.21(d)(3).
    (13) Fish for Atlantic sharks with a gillnet or possess Atlantic 
sharks on board a vessel with a gillnet on board, except as specified in 
Sec. 635.21(d)(3).
    (e) Swordfish. It is unlawful for any person or vessel subject to 
the jurisdiction of the United States to:
    (1) Purchase, barter for, or trade for a swordfish from the north or 
south Atlantic swordfish stock or import a swordfish harvested from any 
ocean area without a dealer permit, as specified in Sec. 635.4(g)(3).
    (2) Fail to comply with the restrictions on use of a pelagic 
longline specified in Sec. 635.21(b) and (c).
    (3) When the directed fishery for swordfish is closed, exceed the 
limits specified in Sec. 635.28(c)(1)(i) and (c)(1)(ii).
    (4) When the incidental catch fishery for swordfish is closed, 
possess, land, sell, or purchase a swordfish, as specified in 
Sec. 635.28(c)(2).
    (5) Transfer at sea a swordfish, as specified in Sec. 635.29(a).
    (6) Fail to maintain a swordfish in the form specified in 
Sec. 635.30(d).
    (7) Fail to comply with the restrictions on sale and purchase of a 
swordfish, as specified in Sec. 635.31(d).
    (8) Fish for North Atlantic swordfish from, or possess or land North 
Atlantic swordfish on board a vessel, using or having on board gear 
other than pelagic longline, harpoon, rod and reel, or handline.
    (9) Fish for swordfish from the South Atlantic swordfish stock using 
any gear other than pelagic longline.
    (10) Fail to comply with the documentation requirements for the 
importation of a swordfish, or part thereof, that is less than the 
minimum size, as specified in Sec. 635.46.
    (11) Falsify information submitted under Sec. 635.16(d)(2) or (d)(4) 
in support of an application for an ILAP or an appeal of NMFS's denial 
of an initial limited access permit for swordfish.
    (12) Falsify information submitted under Sec. 635.46(b) in support 
of entry of imported swordfish.
    (13) Exceed the incidental catch retention limits specified at 
Sec. 635.24(b).

[64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999]

                 Appendix A to Part 635--Species Tables

            Table 1 of Appendix A to Part 635-Oceanic Sharks

                        A. Large coastal sharks:

                          1. Ridgeback sharks:

Sandbar, Carcharhinus plumbeus
Silky, Carcharhinus falciformis
Tiger, Galeocerdo cuvieri

                        2. Non-ridgeback sharks:

Blacktip, Carcharhinus limbatus
Bull, Carcharhinus leucas
Great hammerhead, Sphyrna mokarran
Lemon, Negaprion brevirostris
Nurse, Ginglymostoma cirratum
Scalloped hammerhead, Sphyrna lewini
Smooth hammerhead, Sphyrna zygaena
Spinner, Carcharhinus brevipinna

                        B. Small coastal sharks:

Atlantic sharpnose, Rhizoprionodon terraenovae

[[Page 224]]

Blacknose, Carcharhinus acronotus
Bonnethead, Sphyrna tiburo
Finetooth, Carcharhinus isodon

                           C. Pelagic sharks:

Blue, Prionace glauca
Oceanic whitetip, Carcharhinus longimanus
Porbeagle, Lamna nasus
Shortfin mako, Isurus oxyrinchus
Thresher, Alopias vulpinus.

                          D. Prohibited sharks:

Atlantic angel, Squatina dumerili
Basking, Cetorhinus maximus
Bigeye sand tiger, Odontaspis noronhai
Bigeye sixgill, Hexanchus vitulus
Bigeye thresher, Alopias superciliosus
Bignose, Carcharhinus altimus
Caribbean reef, Carcharhinus perezi
Caribbean sharpnose, Rhizoprionodon porosus
Dusky, Carcharhinus obscurus
Galapagos, Carcharhinus galapagensis
Longfin mako, Isurus paucus
Narrowtooth, Carcharhinus brachyurus
Night, Carcharhinus signatus
Sand tiger, Odontaspis taurus
Sevengill, Heptranchias perlo
Sixgill, Hexanchus griseus
Smalltail, Carcharhinus porosus
Whale, Rhincodon typus
White, Carcharodon carcharias

     Table 2 of Appendix A to Part 635-Deepwater/Other Shark Species

Blotched catshark, Scyliorhinus meadi
Broadgill catshark, Apristurus riveri
Chain dogfish, Scyliorhinus retifer
Deepwater catshark, Apristurus profundorum
Dwarf catshark, Scyliorhinus torrei
Iceland catshark, Apristurus laurussoni
Marbled catshark, Galeus arae
Smallfin catshark, Apristurus parvipinnis
Bigtooth cookiecutter, Isistius plutodus
Blainville's dogfish, Squalus blainvillei
Bramble shark, Echinorhinus brucus
Broadband dogfish, Etmopterus gracilispinnis
Caribbean lanternshark, Etmopterus hillianus
Cookiecutter shark, Isistius brasiliensis
Cuban dogfish, Squalus cubensis
Flatnose gulper shark, Deania profundorum
Fringefin lanternshark, Etmopterus schultzi
Great lanternshark, Etmopterus princeps
Green lanternshark, Etmopterus virens
Greenland shark, Somniosus microcephalus
Gulper shark, Centrophorus granulosus
Japanese gulper shark, Centrophorus acuus
Kitefin shark, Dalatias licha
Lined lanternshark, Etmopterus bullisi
Little gulper shark, Centrophorus uyato
Portuguese shark, Cetroscymnus coelolepis
Pygmy shark, Squaliolus laticaudus
Roughskin spiny dogfish, Squalus asper
Smallmouth velvet dogfish, Scymnodon obscurus
Smooth lanternshark, Etmopterus pusillus
American sawshark, Pristiophorus schroederi
Florida smoothhound, Mustelus norrisi
Smooth dogfish, Mustelus canis



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

[[Page 225]]

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 (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

[[Page 226]]

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.
    (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.

[[Page 227]]

    (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 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

[[Page 228]]

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:
    (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

[[Page 229]]

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 
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.

[[Page 230]]

    (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 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

[[Page 231]]

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 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

[[Page 232]]

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 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

[[Page 233]]

    (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 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]

[[Page 234]]

                            Figures--Part 640
[GRAPHIC] [TIFF OMITTED] TC03MR91.059

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

                           PART 644 [RESERVED]



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 and individual commercial permits.
648.5  Operator permits.
648.6  Dealer/processor permits.
648.7  Recordkeeping and reporting requirements.
648.8  Vessel identification.
648.9  VMS 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.
648.17  Exemptions for vessels fishing in the NAFO Regulatory Area for 
          Multispecies vessels.

  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.
648.41  Framework specifications.

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

648.50  Shell-height standard.
648.51  Gear and crew restrictions.
648.52  Possession limits.
648.53  DAS allocations.
648.54  State waters exemption.
648.55  Framework specifications.
648.57  Closed areas.
648.58  Georges Bank Sea Scallop Exemption Program.

  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.
648.76  Maine mahogany quahog zone.

     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.

[[Page 235]]

648.84  Gear-marking requirements and gear restrictions.
648.85  Flexible Area Action System.
648.86  Possession restrictions.
648.87  Gillnet requirements to reduce or prevent marine mammal 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.
648.107  Conservation equivalent measures for the recreational summer 
          flounder fishery.

           Subpart H--Management Measures for the Scup Fishery

648.120  Catch quotas and other restrictions.
648.121  Closures.
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.

      Subpart I--Management Measures for the Black Sea Bass Fishery

648.140  Catch quotas and other restrictions.
648.141  Closure.
648.142  Time restrictions.
648.143  Minimum sizes.
648.144  Gear restrictions.
648.145  Possession limit.
648.146  Special management zones.

    Subpart J--Management Measures for the Atlantic Bluefish Fishery

648.160  Fishing year.
648.161  Possession limit.
648.162  Catch monitoring, commercial controls, and gear restrictions.
648.163  Closure of the fishery.

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

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

    Editorial Note: Nomenclature changes for part 648 appear at 62 FR 
14651, Mar. 27, 1997.



                      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); the summer flounder, scup, and black sea bass 
fisheries (Summer Flounder, Scup, and Black Sea Bass FMP); and the 
Atlantic bluefish fishery (Atlantic Bluefish FMP). These FMPs and the 
regulations in this part govern the conservation and management of the 
above named fisheries of the Northeastern United States.
    (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; 62 
FR 13299, Mar. 20, 1997]



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.

[[Page 236]]

    Atlantic sea scallop or scallop means Placopecten magellanicus, 
throughout its range.
    Beam trawl means gear, consisting of a twine bag attached to a beam 
attached to a towing wire, designed so that the beam does not contact 
the bottom. The beam is constructed with sinkers or shoes on either side 
that support the beam above the bottom or any other modification so that 
the beam does not contact the bottom. The beam trawl is designed to 
slide along the bottom rather than dredge the bottom.
    Black sea bass means Centropristis striata.
    Black Sea Bass Monitoring Committee means a committee made up of 
staff representatives of the Mid-Atlantic, New England, and South 
Atlantic Fishery Management Councils, the Northeast Regional Office of 
NMFS, the Northeast Fisheries Science Center, and Commission 
representatives. The Council Executive Director or his designee chairs 
the Committee.
    Black sea bass pot or black sea bass trap means any such gear used 
in catching and retaining black sea bass.
    Blowfish (puffer) means any species in the family Tetraodontidae.
    Bluefish means Pomotomus saltatrix.
    Bluefish Committee means the Bluefish FMP Review and Monitoring 
Committee of the MAFMC.
    Bonito means Sarda sarda.
    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 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 NE multispecies fisheries, or the Mid-
Atlantic Fishery Management Council (MAFMC) for the Atlantic mackerel, 
squid, and butterfish; the Atlantic surf clam and ocean quahog; the 
summer flounder, scup, and black sea bass fisheries; and the Atlantic 
bluefish fishery.
    Day(s)-at-Sea (DAS), with respect to the NE multispecies and scallop 
fisheries, except as described in Sec. 648.82(k)(1)(v), 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.
    Dealer code means a confidential five-digit number assigned to each 
dealer required to submit purchases using the IVR system for the purpose 
of maintaining the integrity of the data reported through the IVR 
system.
    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

[[Page 237]]

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), surf clam and 
ocean quahog dredges, 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.
    Flatfish gillnets means gillnets that are either constructed with no 
floats on the float line, or that are constructed with floats on the 
float line and that have tie-down twine between the float line and the 
lead line not more than 48 inches (18.90 cm) in length and spaced not 
more than 15 feet (4.57 m) apart.
    FMP means fishery management plan.
    Fourspot flounder means Paralichthys oblongus.
    Gillnet gear capable of catching multispecies means all gillnet gear 
except pelagic gillnet gear specified at Sec. 648.81(g)(2)(ii) and 
pelagic gillnet gear that is designed to fish for and is used to fish 
for or catch tunas, swordfish, and sharks.
    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.
    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).
    IVR system means the Interactive Voice Response dealer reporting 
system established by the Regional Administrator for the purpose of 
monitoring dealer purchases.
    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

[[Page 238]]

two adjacent rings within the ring bag of a dredge.
    Little tunny means Euthynnus alleteratus.
    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.
    Maine bushel means a standard unit of volumetric measurement equal 
to 1.2445 cubic feet (35.24 L) of ocean quahogs in the shell.
    Maine mahogany quahog zone means the area bounded on the east by the 
U.S.-Canada maritime boundary, on the south by a straight line at 
43 deg.50' N. latitude, and on the north and west by the shoreline of 
Maine.
    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.
    Mobile gear means trawls, beam trawls, and dredges that are designed 
to maneuver with that vessel.
    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 measurement measures. The team consists of staff from 
the NEFMC and the MAFMC, NMFS Northeast Region Office, NEFSC, the USCG, 
an industry representative, and no more than two representatives, 
appointed by the Commission, from affected states.
    NAFO means Northwest Atlantic Fisheries Organization.
    NAFO Convention Area means the waters of the Northwest Atlantic 
Ocean north of 35 deg.00' N. lat. and west of a line extending due north 
from 35 deg.00' N. lat. and 42 deg.00' W. long. to 59 deg.00' N. lat., 
thence due west to 44 deg.00' W. long., and thence due north to the 
coast of Greenland and the waters of the Gulf of St. Lawrence, Davis 
Strait and Baffin Bay south of 78 deg.10' N. lat.
    NAFO Regulatory Area means the part of the NAFO Convention Area 
which lies beyond the 200-mile zone of the coastal states.
    NEFSC means the Northeast Fisheries Science Center, NMFS.
    Net tonnage (NT) means the net tonnage specified on the USCG 
documentation for a vessel.
    Non-exempt gillnet fishery means a fishery which uses gillnet gear 
capable of catching multispecies.
    Non-exempt species means species of fish not included under the GOM/
GB and SNE Regulated Mesh Area exempted fisheries, as specified in 
Sec. 648.80(a)(3), (a)(4), (a)(8) through (13), (b)(3)(i) and (ii), 
(b)(5) through (8), and (d), (e), (h), and (i).
    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 fasciatus.
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

[[Page 239]]

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.
    Pelagic hook and line gear means handline or rod and reel gear that 
is designed to fish for, or that 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.
    Pelagic 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.
    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.
    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 means prior to departing from the last dock or 
mooring in port 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.
    Quota-managed species means any species of finfish managed under 
this part by an annual or seasonal quota, by annual target or actual 
TAC, or by DAH limits.
    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 Administrator means the Administrator, Northeast Region, 
NMFS, or a designee.
    Regulated fishery means any fishery of the United States which is 
regulated under the Magnuson-Stevens Act.
    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.
    Rockhopper and roller gear means trawl gear configured with disks, 
rollers, or other similar shaped devices that are attached to the bottom 
belly of the trawl, contact the sea bottom, and that are designed to 
raise the bottom panel of the trawl off the ocean

[[Page 240]]

bottom so as to enable the gear to be fished on hard bottom.
    Rod and reel means a hand-held (including rod holder) fishing rod 
with a manually operated reel attached.
    Roundfish gillnets means gillnets that are constructed with floats 
on the float line and that have no tie-down twine between the float line 
and the lead line.
    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.
    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.
    Scup pot or trap means a pot or trap used in catching and retaining 
scup.
    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.
    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.

[[Page 241]]

    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 means gear consisting of a net that is towed, including but 
not limited to beam trawls, pair trawls, otter trawls, and Danish and 
Scottish seine gear.
    Trawl sweep means the total length of the footrope on a trawl net 
that is directly attached to the webbing of a net.
    Under construction means that the keel had been laid or the vessel 
was under written agreement for construction or the vessel was under 
written contract for purchase.
    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 Monitoring System (VMS) means a vessel monitoring 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.
    VMS unit means a device installed on board a vessel used for vessel 
monitoring 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; 61 FR 56126, Oct. 
31, 1996; 61 FR 58464, Nov. 15, 1996; 62 FR 2620, Jan. 17, 1997; 62 FR 
9379, Mar. 3, 1997; 62 FR 10748, Mar. 10, 1997; 62 FR 13299, Mar. 20, 
1997; 62 FR 14646, Mar. 27, 1997; 62 FR 15385, Apr. 1, 1997; 62 FR 
49148, Sept. 19, 1997; 62 FR 51381, Oct. 1, 1997; 63 FR 11593, Mar. 10, 
1998; 63 FR 27484, May 19, 1998; 63 FR 40377, July 29, 1998; 63 FR 
52640, Oct. 1, 1998; 63 FR 58329, Oct. 30, 1998; 64 FR 24072, May 5, 
1999; 64 FR 42048, Aug. 3, 1999]



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 and individual commercial permits.

    (a) Fishery specific permit information. (1) NE multispecies 
vessels. Except for vessels that have been issued a valid High Seas 
Fishing Compliance permit, have declared their intent to fish, and fish 
exclusively in the NAFO Regulatory Area as provided in Sec. 648.17, 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 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, a vessel must have been issued a limited access 
multispecies permit for the preceding year, be replacing a vessel that 
was issued a limited access multispecies permit for the preceding year, 
or be replacing a vessel that was issued a confirmation of permit 
history.
    (B) Application/renewal restrictions. All limited access permits 
established under this section must be issued on an annual basis by the 
last day of the fishing year for which the permit is required, unless a 
Confirmation of Permit History (CPH) has been issued as specified in 
paragraph (a)(1)(i)(J) of this section. Application for such permits 
must be received no later than 30 days before the last day of the 
fishing year. Failure to renew a limited access permit in any fishing 
year bars the renewal of the permit in subsequent years.
    (C) Qualification restriction. Unless the Regional Administrator 
determines otherwise, no more than one vessel may qualify, at any one 
time, for a limited access permit or CPH based on that or another 
vessel's fishing and permit history. If more than one vessel

[[Page 242]]

owner claims eligibility for a limited access permit or CPH, based on 
one vessel's fishing and permit history, the Regional Administrator will 
determine who is entitled to qualify for the permit or CPH and any 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 other 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's baseline specifications, as 
applicable.
    (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's baseline 
specifications, as applicable.
    (F) Upgraded vessel. A vessel may be upgraded, whether through 
refitting or replacement, and be eligible to retain or renew a limited 
access permit, only if the upgrade complies with the following:
    (1) The vessels's horsepower may be increased only once, whether 
through refitting or replacement. Such an increase may not exceed 20 
percent of the horsepower of the vessel's baseline specifications, as 
applicable.
    (2) The vessel's length, GRT, and NT may be increased only once, 
whether through refitting or replacement. Any increase in any of these 
three specifications of vessel size may not exceed 10 percent of the 
vessel's baseline specifications, as applicable. 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) Vessel baseline specifications. The vessel baseline 
specifications in this section are the respective specifications 
(length, GRT, NT, horsepower) of the vessel that was initially issued a 
limited access permit as of the date the initial vessel applied for such 
permit.
    (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. The owner of a 
limited access multispecies vessel eligible to request a change in 
permit category must elect a category upon the vessel's permit 
application and will have one opportunity to request a change in permit 
category by submitting an application to the Regional Administrator 
within 45 days of the effective date of the vessel's permit. If such a 
request is not received within 45 days, the vessel owner may not request 
a change in permit category and the vessel permit category will remain 
unchanged for the duration of the fishing year. A vessel may not fish in 
more than one multispecies permit category during a 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, must apply for and receive 
a 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

[[Page 243]]

must show that the qualifying vessel meets the eligibility requirements, 
as applicable, in this part. Issuance of a valid CPH preserves the 
eligibility of the applicant to apply for 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. 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. A CPH must be applied for in order for the applicant to 
preserve the fishing rights and limited access eligibility of the 
qualifying vessel. An application for a CPH must be received by the 
Regional Administrator no later than 30 days prior to the end of the 
first full fishing year in which a vessel permit cannot be issued. 
Failure to do so is considered abandonment of the permit as described in 
paragraph (a)(1)(i)(K) of this section. A CPH issued under this part 
will remain valid until the fishing and permit history preserved by the 
CPH is used to qualify a replacement vessel for a limited access permit. 
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. 
Information requirements for the CPH application are the same as those 
for a limited access permit. Any request for information about the 
vessel on the CPH application form refers 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 paragraph (a)(1)(i)(E) of this section.
    (K) Abandonment or voluntary relinquishment of permit history. If a 
vessel's limited access permit history for a particular fishery is 
voluntarily relinquished to the Regional Administrator or abandoned 
through failure to renew or otherwise, no limited access permit for that 
fishery may be reissued or renewed based on that vessel's history or to 
any other vessel relying on that vessel's history.
    (L) Restriction on permit splitting. A limited access permit issued 
pursuant to this section 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.
    (M) Appeal of denial of permit--(1) Eligibility. Any applicant 
eligible to apply for a limited access multispecies permit who is denied 
such permit may appeal the denial to the Regional Administrator 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 Administrator 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 Administrator 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 
Administrator 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 is the final 
administrative action of the Department of Commerce. Such review will be 
conducted by a hearing officer appointed by the Regional Administrator. 
The hearing officer shall make findings and a recommendation to the 
Regional Administrator which shall be advisory only. Upon receiving the 
findings and the recommendation, the Regional Administrator will issue a 
final decision on the appeal. The Regional Administrator'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 permit may fish under the limited access 
multispecies category, provided that the denial has been appealed, the 
appeal is pending, and the

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vessel has on board a letter from the Regional Administrator authorizing 
the vessel to fish under the limited access category. The Regional 
Administrator 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 Administrator 
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.
    (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 
Administrator 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 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, be replacing a vessel that was issued a 
limited access scallop permit for the preceding year, or be replacing a 
vessel that was issued a confirmation of permit history.
    (B) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of 
this section.
    (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) Vessel baseline specifications. See paragraph (a)(1)(i)(H) of 
this section.
    (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 upon the vessels permit application and will 
have one opportunity to request a change in permit category by 
submitting an application to the Regional Administrator within 45 days 
of the effective date 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.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (M) 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 in any other person who is a 
shareholder or partner of the vessel owner, having an ownership interest 
in limited

[[Page 245]]

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)(M)(1) of this section, are eligible 
to renew such permits(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.
    (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--(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 been 
issued a summer flounder moratorium permit for the preceding year, be 
replacing a vessel that was issued a moratorium permit for the preceding 
year, or be replacing a vessel that was issued a confirmation of permit 
history.
    (B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of 
this section.
    (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) Vessel baseline specifications. The vessel baseline 
specifications in this section are the respective specifications 
(length, GRT, NT, horsepower) of the vessel as of March 22, 1999, unless 
the vessel is in the process of construction or rerigging or under 
agreement or written contract for construction or rerigging, as of the 
effective baseline specification date in which case the baseline 
specifications will be established no later than February 19, 2000.
    (I) [Reserved]
    (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.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (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 Administrator 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 Administrator at least 1 day prior to the 
date they wish to fish

[[Page 246]]

not subject to the exemption. The Regional Administrator 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.
    (i) Maine mahogany quahog permit. (A) A vessel is eligible for a 
Maine mahogany quahog permit to fish for ocean quahogs in the Maine 
mahogany quahog zone if it meets the following eligibility criteria in 
paragraphs (a)(1) and (a)(2) of this section, and an application for a 
Maine mahogany quahog permit is submitted by May 19, 1999. After May 19, 
1999, to be eligible to apply for a Maine mahogany quahog permit, a 
vessel must have been issued a Maine mahogany quahog permit for the 
preceding year, be replacing a vessel that was issued a Maine mahogany 
quahog permit for the preceding year, or be replacing a vessel that was 
issued a confirmation of permit history.
    (1) The vessel was issued a Federal Maine Mahogany Quahog 
Experimental Permit during one of the experimental fisheries authorized 
by the Regional Administrator between September 30, 1990, and September 
30, 1997; and,
    (2) The vessel landed at least one Maine bushel of ocean quahogs 
from the Maine mahogany quahog zone as documented by fishing or 
shellfish logs submitted to the Regional Administrator prior to January 
1, 1998.
    (B)Application/renewal restriction. See paragraph (a)(1)(i)(B) of 
this section.
    (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) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]
    (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.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (M) Appeal of denial of a permit. (1) Any applicant denied a Maine 
mahogany quahog permit may appeal to the Regional Administrator within 
30 days of the notice of denial. Any such appeal shall be in writing. 
The only ground for appeal is that the Regional Administrator's designee 
erred in concluding that the vessel did not meet the criteria in 
paragraph (a)(4)(i)(A) of this section. The appeal must set forth the 
basis for the applicant's belief that the decision of the Regional 
Administrator's designee 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 Administrator.
    (3) The hearing officer shall make a recommendation to the Regional 
Administrator.
    (4) The Regional Administrator will make a final decision based on 
the criteria in paragraph (a)(4)(i)(A) of this section and on the 
available record, including any relevant documentation submitted by the 
applicant and, if a hearing is held, the recommendation of the hearing 
officer. The decision on the appeal by the Regional Administrator is the 
final decision of the Department of Commerce.
    (ii) [Reserved]
    (5) Mackerel, squid, and butterfish vessels. Any vessel of the 
United States, including party and charter vessels, must have been 
issued and carry on board a valid vessel permit to fish for, possess, or 
land Atlantic mackerel, squid, or butterfish in or from the EEZ.
    (i) Loligo squid/butterfish and Illex squid moratorium permits 
(Illex squid moratorium is applicable from July 1, 1997, until July 1, 
2002)--(A) Eligibility. To be eligible to apply for a moratorium permit 
to fish for and retain Loligo squid, butterfish, or Illex squid in 
excess of the incidental catch allowance in paragraph (a)(5)(ii) of this 
section in the EEZ, a vessel must have been issued a Loligo squid and 
butterfish moratorium permit or Illex

[[Page 247]]

squid moratorium permit, as applicable, for the preceding year, be 
replacing a vessel that was issued a moratorium permit for the preceding 
year, or be replacing a vessel that was issued a confirmation of permit 
history.
    (B) Application/renewal restriction. See paragraph (a)(1)(i)(B) of 
this section.
    (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) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]
    (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.
    (L) Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (ii) Squid/butterfish incidental catch permit. 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, or up to 5,000 lb (2.27 mt) of 
Illex squid, as an incidental catch in another directed fishery. The 
incidental catch allowance may be revised by the Regional Administrator 
based upon a recommendation by the Council following the procedure set 
forth in Sec. 648.21.
    (iii) Atlantic mackerel permit. Any vessel of the United States may 
obtain a permit to fish for or retain Atlantic mackerel 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. To be eligible to apply for 
a moratorium permit to fish for and retain scup, a vessel must have been 
issued a scup moratorium permit for the preceding year, be replacing a 
vessel that was issued a scup moratorium permit for the preceding year, 
or be replacing a vessel that was issued a confirmation of permit 
history.
    (B)Application/renewal restriction. See paragraph (a)(1)(i)(B) of 
this section.
    (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) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]
    (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.
    (L)Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (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.
    (7) Black sea bass vessels. Beginning June 1, 1997, any vessel of 
the United States that fishes for or retains black sea bass in or from 
the EEZ north of 35 deg.15.3' N. lat., the latitude of Cape Hatteras 
Light, NC, must have been issued and carry on board a valid black sea 
bass moratorium permit, except for vessels other than party or charter 
vessels that observe the possession limit established pursuant to 
Sec. 648.145.

[[Page 248]]

    (i) Moratorium permits--(A) Eligibility. To be eligible to apply for 
a moratorium permit to fish for and retain black sea bass in excess of 
the possession limit established pursuant to Sec. 648.145 in the EEZ 
north of 35 deg.15.3' N. Lat., the latitude of Cape Hatteras Light, NC, 
a vessel must have been issued a black sea bass moratorium permit for 
the preceding year, be replacing a vessel that was issued a black sea 
bass moratorium permit for the preceding year, or be replacing a vessel 
that was issued a confirmation of permit history.
    (B) Application/renewal restrictions. See paragraph (a)(1)(i)(B) of 
this section.
    (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) Vessel baseline specifications. See paragraph (a)(3)(i)(H) of 
this section.
    (I) [Reserved]
    (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.
    (L)Restriction on permit splitting. See paragraph (a)(1)(i)(L) of 
this section.
    (ii) Party and charter boat permit. The owner of any party or 
charter boat must obtain a permit to fish for or retain black sea bass 
in or from U.S. waters of the western Atlantic Ocean from 35 deg.15.3' 
N. lat., the latitude of Cape Hatteras Light, NC, northward to the U.S.-
Canada border, while carrying passengers for hire.
    (8) Atlantic bluefish individual permits. 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.
    (b) Permit conditions. Any person who applies for a fishing 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 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, scup moratorium, or black sea bass 
moratorium permit must also agree not to land summer flounder, scup, or 
black sea bass, respectively, in any state after NMFS has published a 
notification in the Federal Register stating that the commercial quota 
for that state or period has been harvested and that no commercial quota 
is available for the respective species. A state not receiving an 
allocation of summer flounder, scup, or black sea bass, either directly 
or through a coastwide allocation, is deemed to have no commercial quota 
available. 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 
operators 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 Administrator 
allows an individual to comply with the less restrictive state minimum 
size requirement, as long as fishing is conducted exclusively within 
state waters. If the commercial black sea bass quota for a period is 
harvested and the coast is closed to the possession of black sea bass 
north of 35 deg.15.3'

[[Page 249]]

N. lat., any vessel owners that hold valid commercial permits for both 
the black sea bass and the NMFS Southeast Region Snapper-Grouper 
fisheries may surrender their moratorium Black Sea Bass permit by 
certified mail addressed to the Regional Administrator and fish pursuant 
to their Snapper-Grouper permit, as long as fishing is conducted 
exclusively in waters, and landings are made, south of 35 deg.15.3' N. 
lat. A moratorium permit for the black sea bass fishery that is 
voluntarily relinquished or surrendered will be reissued upon the 
receipt of the vessel owner's written request after a minimum period of 
6 months from the date of cancellation.
    (c) Permit applications--(1) General. Applicants for a permit under 
this section must submit a completed application on an appropriate form 
obtained from the Regional Administrator. The application must be signed 
and submitted to the Regional Administrator at least 30 days before the 
date on which the applicant desires to have the permit made effective. 
The Regional Administrator 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 Administrator to determine whether the vessel meets the 
applicable eligibility requirements specified in this section.
    (2) Vessel permit information requirements. (i) With the exception 
of Atlantic bluefish permits, the requirements for which are described 
in paragraph (c)(3) of this section, 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 Administrator: Vessel name, owner name or name of the owner's 
authorized representative, 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 be carried (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, the 
names of all owners having a 25-percent interest or more; and permit 
number of any current or, if expired, 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 July 1, 1996, such that 
it is different from that stated in the vessel's most recent application 
for a Federal fisheries permit before July 1, 1996, sufficient 
documentation to ascertain the different engine horsepower. However, the 
engine replacement must be completed within 1 year of the date on which 
the contract was signed.
    (B) If the length, GRT, or NT was changed or a contract to change 
the length, GRT, or NT had been entered into prior to July 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 on which the contract was signed.
    (iii) An application for a limited access multispecies permit must 
also contain the following information:

[[Page 250]]

    (A) If applying for a limited access multispecies Combination Vessel 
permit or Individual DAS category permit, or if opting to use a VMS, a 
copy of the vendor installation receipt from a NMFS-approved VMS vendor 
as described in Sec. 648.9.
    (B) For vessels fishing for NE multispecies with gillnet gear, with 
the exception of vessels under the Small Vessel permit category, an 
annual declaration as either a Day or Trip gillnet vessel designation as 
described in Sec. 648.82(k). Vessel owners electing a Day gillnet 
designation must indicate the number of gillnet tags that they are 
requesting and must include a check for the cost of the tags. A permit 
holder letter will be sent to all eligible gillnet vessels informing 
them of the costs associated with this tagging requirement and 
directions for obtaining tags. Once a vessel owner has elected this 
designation, he/she may not change the designation or fish under the 
other gillnet category for the remainder of the fishing year. Incomplete 
applications, as described in paragraph (e) of this section, will be 
considered incomplete for the purpose of obtaining authorization to fish 
in the NE multispecies gillnet fishery and will be processed without a 
gillnet authorization.
    (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 VMS unit, though not required, a copy of 
the vendor installation receipt from a NMFS-approved VMS 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.
    (3) Atlantic bluefish individual commercial permit information 
requirements. In addition to the information specified in paragraph 
(c)(1) of this section, an application for an Atlantic bluefish 
individual commercial permit also must contain at least the following 
information, and any other information required by the Regional 
Administrator: The applicant's name; mailing address; telephone number; 
height; weight; hair color; and eye color; if the applicant represents a 
corporation, a copy of the current Certificate of Incorporation; and 
percentage of annual income derived from the sale of bluefish.
    (d) Fees. The Regional Administrator 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 Administrator, 
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 Administrator 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 Administrator 
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-

[[Page 251]]

time or part-time limited access scallop permit, or electing to use a 
VMS, has failed to meet all of the VMS 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 executed application for any permit under this part, the 
Regional Administrator 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 paragraphs (c)(2) or (c)(3) of this section must be 
submitted by the applicant in writing to the Regional Administrator 
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 Administrator 
as specified in paragraph (f) of this section. However, the Regional 
Administrator may authorize the continuation of a permit if the new 
owner so requests. Applications for permit continuations must be 
addressed to the Regional Administrator.
    (i) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (j) Reissuance. A permit may be reissued by the Regional 
Administrator when requested in writing, stating the need for 
reissuance, the name of the vessel (if applicable), and the fishing 
permit number assigned. An application for the reissuance of a 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. A permit issued under this part is not transferable or 
assignable. A permit will be valid only for the fishing vessel, owner 
and/or person for which it is issued.
    (l) Display. A vessel permit must be carried, at all times, on board 
the vessel for which it is issued and shall be subject to inspection 
upon request by any authorized officer. A person issued a permit under 
this section must be able to present the permit for inspection when 
requested by an authorized officer. Permits must be maintained in 
legible condition.
    (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; 61 FR 56126, Oct. 
31, 1996; 61 FR 58464, Nov. 15, 1996; 62 FR 13299, Mar. 20, 1997; 62 FR 
14646, Mar. 27, 1997; 62 FR 15386, Apr. 1, 1997; 62 FR 27984, May 22, 
1997; 62 FR 28642, May 27, 1997; 62 FR 51381, Oct. 1, 1997; 62 FR 63875, 
Dec. 3, 1997; 63 FR 11593, Mar. 10, 1998; 63 FR 27484, May 19, 1998; 63 
FR 32144, June 12, 1998; 63 FR 58329, Oct. 30, 1998; 64 FR 8265, Feb. 
19, 1999]



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, and, as of 
June 1, 1997, black sea bass, harvested in or from the EEZ, or issued a 
permit for these species under this part, must have been issued under 
this section, and carry on board, a valid operator's permit. An operator 
permit issued pursuant to part 649 of this chapter satisfies 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 Administrator. The application must be signed 
by the applicant and submitted to the Regional Administrator at least 30 
days before the date upon which the applicant desires to have the permit 
made effective. The Regional Administrator will notify the

[[Page 252]]

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 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 Administrator: 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 Administrator 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 Administrator 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 Administrator as specified in paragraph (k) 
of this section.
    (i) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Administrator 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 Administrator within 15 
days of the change in information. If written notice of the change in 
information is not received by the Regional Administrator 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

[[Page 253]]

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; 61 
FR 58465, Nov. 15, 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 under this section, and have in their possession, 
a valid permit for these species. As of January 1, 1997, all mackerel, 
squid, and butterfish dealers and all scup dealers, and, as of June 1, 
1997, all black sea bass dealers must have been issued under this 
section, and have in their possession, a valid permit for these 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 Administrator: Company name, place(s) of business (principal 
place of business if applying for a surf clam and ocean quahog permit), 
mailing address(es) and 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 Administrator 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 
Administrator 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 Administrator as 
required by paragraph (j) of this section.
    (h) Reissuance. Reissued permits, for otherwise valid permits, may 
be issued by the Regional Administrator 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; 61 
FR 58465, Nov. 15, 1996]



Sec. 648.7  Recordkeeping and reporting requirements.

    (a) Dealers--(1) Detailed weekly report. Federally permitted dealers 
must submit to the Regional Administrator or to the official designee a 
detailed weekly report, within the time periods specified in paragraph 
(f) of this section, on forms supplied by or approved by the Regional 
Administrator and a report of all fish purchases, except surf clam and 
ocean quahog dealers or processors who are required to report only surf 
clam and ocean quahog purchases.

[[Page 254]]

If authorized in writing by the Regional Administrator, dealers may 
submit reports electronically or through other media. The following 
information, and any other information required by the Regional 
Administrator, must be provided in the report:
    (i) Summer flounder, scup, black sea bass, Atlantic sea scallop, NE 
multispecies, Atlantic mackerel, squid and butterfish dealers must 
provide: Dealer name and mailing address; dealer permit number; name and 
permit number or name and hull number (USCG documentation number or 
state registration number, whichever is applicable) of vessels from 
which fish are landed or received; trip identifier for a trip from which 
fish are landed or received; dates of purchases; pounds by species (by 
market category, if applicable); price per pound by species (by market 
category, if applicable) or total value by species (by market category, 
if applicable); port landed; and any other information deemed necessary 
by the Regional Administrator. All report forms must be signed by the 
dealer or other authorized individual. If no fish are purchased during a 
reporting week, no written report is required to be submitted. If no 
fish are purchased during an entire reporting month, a report so stating 
on the required form must be submitted.
    (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) Weekly IVR system reports. (i) Federally permitted dealers 
purchasing quota-managed species not deferred from coverage by the 
Regional Administrator pursuant to paragraph (a)(2)(ii) of this section 
must submit, within the time period specified in paragraph (f) of this 
section, the following information, and any other information required 
by the Regional Administrator, to the Regional Administrator or to an 
official designee, via the IVR system established by the Regional 
Administrator: Dealer permit number; dealer code; pounds purchased, by 
species; reporting week in which species were purchased; and state of 
landing for each species purchased. If no purchases of quota-managed 
species not deferred from coverage by the Regional Administrator 
pursuant to paragraph (a)(2)(ii) of this section were made during the 
week, a report so stating must be submitted through the IVR system in 
accordance with paragraph (f) of this section.
    (ii) The Regional Administrator may defer any quota-managed species 
from the IVR system reporting requirements if landings are not expected 
to reach levels that would cause the applicable target exploitation rate 
corresponding to a given domestic annual harvest limit, target or actual 
TAC, or annual or seasonal quota specified for that species to be 
exceeded. The Regional Administrator shall base any such determination 
on the purchases reported, by species, in the comprehensive written 
reports submitted by dealers and other available information. If the 
Regional Administrator determines that any quota-managed species should 
be deferred from the weekly IVR system reporting requirements, the 
Regional Administrator shall publish notification so stating in the 
Federal Register. If data indicate that landing levels have increased to 
an extent that this determination ceases to be valid, the Regional 
Administrator shall terminate the deferral by publishing notification in 
the Federal Register.
    (3) Annual report. All persons required to submit reports under 
paragraph (a)(1) of this section are required to submit the following 
information on an annual basis, on forms supplied by the Regional 
Administrator:
    (i) Summer flounder, scup, black sea bass, Atlantic sea scallop, NE 
multispecies, Atlantic mackerel, squid, and butterfish dealers must 
complete the ``Employment Data'' section of the Annual Processed 
Products Report; completion of the other sections of that form is 
voluntary. Reports must be submitted to the address supplied by the 
Regional Administrator.

[[Page 255]]

    (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 
required to be reported in this paragraph (a)(3)(ii) change more than 10 
percent during any year, the processor shall notify the Regional 
Administrator in writing within 10 days after the change.
    (b) Vessel owners--(1) Fishing Vessel Trip Reports--(i) Owners of 
vessels issued a summer flounder, scup, black sea bass, Atlantic sea 
scallop, NE multispecies, or Atlantic mackerel, squid, and butterfish 
permits. The owner or operator of any vessel issued a permit for summer 
flounder, scup, black sea bass, Atlantic sea scallops, NE multispecies, 
Atlantic mackerel, squid or butterfish 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 Administrator. If authorized in writing by 
the Regional Administrator, vessel owners or operators may submit 
reports electronically, for example by using a VMS or other system. At 
least the following information, and any other information required by 
the Regional Administrator, 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 party or charter 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 (or count, if a party 
or charter vessel), 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 Administrator, 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.
    (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 Administrator 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

[[Page 256]]

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. (i) 
Detailed weekly trip reports, required by paragraph (a)(1) of this 
section, must be postmarked or received within 16 days after the end of 
each reporting week. If no fish are purchased during a reporting month, 
the report so stating required under paragraph (a)(1)(i) of this section 
must be postmarked or received within 16 days after the end of the 
reporting month.
    (ii) Weekly IVR system reports required in paragraph (a)(2) of this 
section must be submitted via the IVR system by midnight, Eastern time, 
each Tuesday for the previous reporting week.
    (iii) Annual reports for a calendar year must be postmarked or 
received by February 10 of the following year. Contact the Regional 
Administrator (see Table 1 to Sec. 600.502) 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 reports are to be submitted, shortly after receipt of a 
Federal fisheries permit. If no fishing trip is made during a month, a 
report stating so must be submitted.
    (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, or, as of June 
1, 1997, black sea bass 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 Administrator or designee on the same frequency 
basis.
    (g) Additional data and sampling. Federally permitted dealers must 
allow access to their premises and make available to an official 
designee of the Regional Administrator any fish purchased from vessels 
for the collection of biological data. Such data include, but are not 
limited to, length measurements of fish and the collection of age 
structures such as otoliths or scales.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61 
FR 58465, Nov. 15, 1996; 62 FR 14646, Mar. 27, 1997; 63 FR 52640, Oct. 
1, 1998; 63 FR 58329, Oct. 30, 1998]



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. 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

[[Page 257]]

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  VMS requirements.

    (a) Approval. The Regional Administrator will annually approve VMSs 
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 VMSs will be 
published in the Federal Register upon addition or deletion of a VMS 
from the list. In the event that a VMS is deleted from the list, vessel 
owners that purchased a VMS unit that is part of that VMS 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 Administrator.
    (b) Minimum VMS performance criteria. The basic required features of 
the VMS are as follows:
    (1) The VMS 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 VMS shall be fully automatic and operational at all times, 
regardless of weather and environmental conditions, unless exempted 
under paragraph (c)(2) of this section.
    (3) The VMS 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 VMS shall be capable of transmitting and storing information 
including vessel identification, date, time, and latitude/longitude.
    (5) The VMS shall provide accurate hourly position transmissions 
every day of the year unless exempted under paragraph (c)(2) of this 
section. In addition, the VMS 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 VMS shall be capable of providing network message 
communications between the vessel and shore. The VMS shall allow NMFS to 
initiate communications or data transfer at any time.
    (7) The VMS 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 a file format acceptable to NMFS.
    (8) The VMS shall be capable of providing vessel locations relative 
to international boundaries and fishery management areas.
    (9) The VMS 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. (1) All required VMS units must transmit 
a signal indicating the vessel's accurate position at least every hour, 
24 hours a day, unless such vessel is exempted under paragraph (c)(2) of 
this section.
    (2) Power Down Exemption. (i) Any vessel required to have on board a 
fully operational VMS unit at all times, as specified in paragraph 
(b)(2) of this section, is exempt from this requirement provided:
    (A) The vessel will be continuously out of the water for more than 
72 consecutive hours; and
    (B) A valid letter of exemption obtained pursuant to paragraph 
(c)(2)(ii)

[[Page 258]]

of this section has been issued to the vessel and is on board the vessel 
and the vessel is in compliance with all conditions and requirements of 
said letter.
    (ii) Letter of Exemption--(A) Application. A vessel owner may apply 
for a letter of exemption from the operating requirements specified in 
paragraph (c)(1) of this section for his/her vessel by sending a written 
request to the Regional Administrator and providing the following: 
Sufficient information to determine that the vessel will be out of the 
water for more than 72 continuous hours; the location of the vessel 
during the time an exemption is sought; and the exact time period for 
which an exemption is needed (i.e., the time the VMS will be turned off 
and turned on again).
    (B) Issuance. Upon receipt of an application, the Regional 
Administrator may issue a letter of exemption to the vessel if it is 
determined that the vessel owner provided sufficient information as 
required under paragraph (c)(2)(ii)(A) of this section and that the 
issuance of the letter of exemption will not jeopardize accurate 
monitoring of the vessel's DAS. Upon written request, the Regional 
Administrator may change the time period for which the exemption was 
granted.
    (d) Presumption. If a VMS 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 VMS unit require replacement, a vessel 
owner must submit documentation to the Regional Administrator, within 3 
days of installation and prior to the vessel's next trip, verifying that 
the new VMS unit is an operational, approved system as described under 
paragraph (a) 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 VMS at the time of or after its 
transmission to the vendor or receiver, as the case may be.
    (g) Tampering. Tampering with a VMS, a VMS unit, or a VMS 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.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14646, Mar. 27, 1997; 63 
FR 58329, Oct. 30, 1998]



Sec. 648.10  DAS notification requirements.

    (a) VMS Demarcation Line. The VMS 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 
Administrator upon request):

                          VMS Demarcation Line
------------------------------------------------------------------------
           Description                  N. Lat.            W. Long.
------------------------------------------------------------------------
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''.

[[Page 259]]

 
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''.
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) VMS Notification. Multispecies vessels issued an Individual DAS 
or Combination Vessel permit, scallop vessels issued a full-time or 
part-time limited access scallop permit, and scallop vessels issued an 
occasional limited access permit when fishing under the Georges Bank Sea 
Scallop Exemption Program specified in Sec. 648.58, 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 VMS notification of this paragraph (b), 
unless otherwise authorized or required by the Regional Administrator 
under Sec. 648.10(d), must have installed on board an operational VMS 
unit that meets the minimum performance criteria specified in 
Sec. 648.9(b) or as modified in Sec. 648.9(a). Owners of such vessels 
must provide documentation to the Regional Administrator at the time of 
application for a limited access permit that the vessel has an 
operational VMS installed on board that meets those criteria. If a 
vessel has already been issued a limited access permit without the owner 
providing such documentation, the Regional Administrator shall allow at 
least 30 days for the an operational VMS unit that meets the criteria to 
be installed on board the vessel and for the owner to provide 
documentation of such installation to the Regional Administrator. 
Vessels that are required to or have elected to use a VMS unit shall be 
subject to the following requirements and presumptions:
    (1) Vessels that have crossed the VMS 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 
Administrator through the VMS prior to the vessel leaving port.

[[Page 260]]

    (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 Administrator through the VMS.
    (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 VMS notification requirements 
of this paragraph (b) are counted beginning with the first hourly 
location signal received showing that the vessel crossed the VMS 
Demarcation Line leaving port. A trip concludes and accrual of DAS ends 
with the first hourly location signal received showing that the vessel 
crossed the VMS Demarcation Line upon its return to port.
    (5) If the VMS is not available or not functional, and if authorized 
by the Regional Administrator, 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 VMS 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 VMS, owners of scallop 
vessels qualifying for a DAS allocation under the occasional category 
and who have not elected to fish under the VMS 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 Administrator that the vessel 
will be participating in the DAS program by calling the Regional 
Administrator and providing the following information: Owner and caller 
name and phone number, vessel's name and permit number, type of trip to 
be taken, port of departure, and that the vessel is beginning a trip. A 
DAS begins once the call has been received and a confirmation number is 
given by the Regional Administrator.
    (2) The vessel's confirmation numbers for the current and 
immediately prior multispecies fishing trip must be maintained on board 
the vessel and provided to an authorized officer upon request.
    (3) At the end of a vessel's trip, upon its return to port, the 
vessel owner or owner's representative must call the Regional 
Administrator and notify him/her that the trip has ended by providing 
the following information: Owner and caller name and phone number, 
vessel name, port of landing and permit number, and that the vessel has 
ended a trip. A DAS ends when the call has been received and 
confirmation has been given by the Regional Administrator.
    (4) The Regional Administrator 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 
Secs. 648.17 and 648.89, 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 this 
paragraph (c).
    (d) Temporary authorization for use of the call-in system. The 
Regional Administrator 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 Administrator shall notify affected permit holders through 
a letter, notification in the Federal Register, or other appropriate 
means. From May 1, 1998, through April 30, 1999, multispecies vessels 
issued an Individual DAS or Combination Vessel (regarding the 
multispecies fishery) permit are temporarily authorized to use the call-
in system of notification specified in paragraph (c) of this section.

[[Page 261]]

    (e) Scallop vessels fishing under exemptions. Vessels fishing under 
the exemptions provided by Sec. 648.54 (a) and/or (b)(1) must notify the 
Regional Administrator by VMS notification or by call-in notification as 
follows:
    (1) VMS notification. (i) Notify the Regional Administrator, via 
their VMS, 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 Administrator, via their VMS, 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 Administrator by 
calling the Regional Administrator 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 Administrator of early withdrawal from the program by 
calling the Regional Administrator, 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 Administrator.
    (iv) The Regional Administrator will furnish a phone number for 
call-ins upon request.
    (f) Additional NE multispecies call-in requirements--(1) Spawning 
season call-in. With the exception of vessels issued a valid Small 
Vessel category permit, vessels subject to the spawning season 
restriction described in Sec. 648.82 must notify the Regional 
Administrator of the commencement date of their 20-day period out of the 
NE multispecies fishery through either the VMS system or by calling and 
providing the following information: Vessel name and permit number, 
owner and caller name and phone number and the commencement date of the 
20-day period.
    (2) Gillnet call-in. Vessels subject to the gillnet restriction 
described in Sec. 648.82(k)(1)(iv) must notify the Regional 
Administrator of the commencement date of their time out of the NE 
multispecies gillnet fishery using the procedure described in paragraph 
(f)(1) of this section.
    (3) Cod landing limit call-in. (i) A vessel subject to the cod 
landing limit restriction specified in Sec. 648.86(b)(1)(i), that has 
not exceeded the allowable limit of cod based on the duration of the 
trip, must enter port and call-out of the DAS program no later than 14 
DAS after starting a multispecies DAS trip.
    (ii) A vessel subject to the cod landing limit restriction specified 
in Sec. 648.86(b)(1)(i) that exceeds or is expected to exceed the 
allowable limit of cod based on the duration of the trip must enter port 
no later than 14 DAS after starting a multispecies DAS trip and must 
report, upon entering port and before offloading, its hailed weight of 
cod under the separate call-in system specified in 
Sec. 648.86(b)(1)(ii)(B). Such vessel must remain in port, unless for 
transiting purposes as allowed in Sec. 648.86(b)(3), until sufficient 
time has elapsed to account for and justify the amount of cod on board 
in accordance with Sec. 648.86(b)(1)(ii), and may not begin its next 
fishing trip until the vessel has called-out of the multispecies DAS 
program to end its trip.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14647, Mar. 27, 1997; 62 
FR 15386, Apr. 1, 1997; 62 FR 51381, Oct. 1, 1997; 63 FR 11593, Mar. 10, 
1998; 63 FR 15329, Mar. 31, 1998; 63 FR 42592, Aug. 10, 1998; 63 FR 
58329, Oct. 30, 1998; 64 FR 24072, May 5, 1999; 64 FR 31149, June 10, 
1999]

    Effective Date Note:  At 64 FR 42044, Aug. 3, 1999, Sec. 648.10 was 
amended by suspending paragraphs (f)(3)(i) and (ii) and adding paragraph 
(f)(3)(iii), effective Aug. 3, 1999 through Jan. 30, 2000. For the 
convenience of the user, the added text is set forth as follows:



Sec. 648.10  DAS notification requirements.

                                * * * * *

    (f) * * *
    (3) * * *

[[Page 262]]

    (iii) A vessel subject to the cod landing limit restriction, 
specified in Sec. 648.86(b)(1)(iv), must enter port and call-out of the 
DAS program no later than 14 DAS after starting a multispecies DAS trip.



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

    (a) The Regional Administrator may request any vessel holding a 
permit sea scallop; or NE multispecies; or a moratorium permit for 
summer flounder, or, as of January 1, 1997, mackerel, squid, or 
butterfish, or scup, or as of June 1, 1997, black sea bass fisheries to 
carry a NMFS-approved sea sampler/observer. If requested by the Regional 
Administrator 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 Administrator 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 
Administrator, 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 Administrator 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 Administrator, 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 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 
moratorium permit, or as of January 1, 1997, a scup moratorium permit 
or, as of June 1, 1997, a black sea bass 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, scup, or black sea bass, or other specimens 
taken by the vessel.
    (2) Provide the sea sampler/observer with sea turtles, marine 
mammals, summer flounder, scup, or black sea bass, or other specimens 
taken by the vessel.
    (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.

[[Page 263]]

    (2) The owner or operator of the vessel complies with all other 
provisions of this part.
    (3) The observer is approved by the Regional Administrator.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61 
FR 58465, Nov. 15, 1996]



Sec. 648.12  Experimental fishing.

    The Regional Administrator 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), H (scup), or I (black sea bass), of this part for the 
conduct of experimental fishing beneficial to the management of the 
resources or fishery managed under that subpart. The Regional 
Administrator shall consult with the Executive Director of the Council 
regarding such exemptions for the Atlantic mackerel, squid, and 
butterfish, the summer flounder, the scup, and the black sea bass 
fisheries.
    (a) The Regional Administrator may not grant such an exemption 
unless he/she determines that the purpose, design, and administration of 
the exemption is consistent with the management objectives of the 
respective FMP, the provisions of the Magnuson-Stevens 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 
Administrator 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 58466, Nov. 15, 1996, as amended at 62 FR 37156, July 11, 1997]



Sec. 648.13  Transfers at sea.

    (a) Only vessels issued a Loligo and butterfish moratorium or Illex 
moratorium permit under Sec. 648.4(a)(5) and vessels issued a mackerel 
or squid/butterfish incidental catch permit and authorized in writing by 
the Regional Administrator to do so, may transfer or attempt to transfer 
Loligo, Illex, 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 Administrator 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.
    (d) All persons are prohibited from transferring or attempting to 
transfer at sea summer flounder from one vessel to another vessel.

[61 FR 34968, July 3, 1996, as amended at 62 FR 28642, May 27, 1997; 62 
FR 63875, Dec. 3, 1997]



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 Administrator 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

[[Page 264]]

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 VMS, VMS 
unit, or VMS signal required to be installed on or transmitted by vessel 
owners or operators required to use a VMS by this part.
    (8) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with or bar by command, impediment, threat, or coercion any 
NMFS-approved observer or sea sampler aboard a vessel conducting his or 
her duties aboard a vessel, or any authorized officer conducting any 
search, inspection, investigation, or seizure in connection with 
enforcement of this part, or any official designee of the Regional 
Administrator conducting his or her duties, including those duties 
authorized in Sec. 648.7(g).
    (9) Refuse to carry an observer or sea sampler if requested to do so 
by the Regional Administrator.
    (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 that fished exclusively in state waters, or 
unless otherwise specified in Sec. 648.17.
    (14) Produce, or cause to be produced, cage tags required under this 
part without written authorization from the Regional Administrator.
    (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 
presumptions set forth in Sec. 648.75(h).
    (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 Administrator 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 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 outside the Maine mahogany quahog zone in containers other than 
cages from vessels capable of carrying cages.
    (24) Land unshucked surf clams and ocean quahogs harvested in or 
from the EEZ within the Maine mahogany quahog zone in containers other 
than cages from vessels capable of carrying cages unless, with respect 
to ocean

[[Page 265]]

quahogs, the vessel has been issued a Maine mahogany quahog permit under 
this part and is not fishing for an individual allocation of quahogs 
under Sec. 648.70.
    (25) 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;
    (iii) The NE multispecies were harvested in or from the EEZ by a 
recreational fishing vessel; or
    (iv) Unless otherwise specified in Sec. 648.17.
    (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 Administrator.
    (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, or 
unless otherwise specified in Sec. 648.17.
    (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), unless 
the vessel has not been issued a multispecies permit and fishes for NE 
multispecies exclusively in state waters, or unless otherwise specified 
in Sec. 648.17.
    (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), (b)(9), (d), (e), and (i), or unless the vessel has 
not been issued a multispecies permit and fishes for multispecies 
exclusively in state waters, or unless otherwise specified in 
Sec. 648.17.
    (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 that the 
minimum mesh size specified in Sec. 648.80(c)(2), except as provided in 
Sec. 648.80(c)(3), (d), (e), and (i), or unless the vessel has not been 
issued a multispecies permit and fishes for NE multispecies exclusively 
in state waters, or unless otherwise specified in Sec. 648.17.

[[Page 266]]

    (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. 648.58, during the time and 
in the portion of Closed Area II specified in Sec. 648.58 or 
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).
    (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, including 
paragraphs (a)(4), the Cultivator Shoals whiting fishery exemption area; 
(a)(8), Small Mesh Area 1/Small Mesh Area 2; (a)(9), the Nantucket 
Shoals dogfish fishery exemption area; (a)(11), the Nantucket Shoals 
mussel and sea urchin dredge exemption area; (a)(12), the GOM/GB 
monkfish gillnet exemption area; (a)(13), the GOM/GB dogfish gillnet 
exemption area; (b)(3), exemptions (small mesh); (b)(5), the SNE 
monkfish and skate trawl exemption area; (b)(6), the SNE monkfish and 
skate gillnet exemption area; (b)(7), the SNE dogfish gillnet exemption 
area; (b)(8), the SNE mussel and sea urchin dredge exemption area; or 
(b)(9), the SNE little tunny gillnet exemption area. A violation of any 
of these paragraphs in Sec. 648.80 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, or unless otherwise specified in Sec. 648.17.
    (48) Violate any provision of the open access permit restrictions as 
provided in Sec. 648.88.
    (49) Violate any of the restrictions on fishing with scallop dredge 
gear specified in Sec. 648.80(h).
    (50) Violate any provision of the state waters winter flounder 
exemption program as provided in 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 (g)(1) through 
(i)(1) during the time periods specified, except as provided in 
Sec. 648.81(d), (g)(2), (h)(2) and (i)(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.

[[Page 267]]

    (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, unless otherwise specified in Sec. 648.17.
    (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) or 50 bu (17.62 hl) 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
    (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

[[Page 268]]

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).
    (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, Illex, or butterfish within the EEZ, unless 
the vessels participating in the transfer have been issued a valid 
Loligo and butterfish or Illex moratorium permit and are transferring 
the species for which the vessels are permitted or have a valid squid/
butterfish incidental catch permit and a letter of authorization from 
the Regional Administrator.
    (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, 1997, 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).

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    (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.
    (89) Fail to remove, use, set, haul back, fish with, or possess on 
board a vessel, unless stowed in accordance with Sec. 648.81(e)(4), sink 
gillnet gear and other gillnet gear capable of catching multispecies, 
with the exception of single pelagic gillnets (as described in 
Sec. 648.81(f)(2)(ii)), in the areas and for the times specified in 
Sec. 648.87 (a) and (b), except as provided in Secs. 648.81(f)(2)(ii) 
and 648.87 (a) and (b), or unless otherwise authorized in writing by the 
Regional Administrator.
    (90) Use, set, haul back, fish with, possess on board a vessel, 
unless stowed in accordance with Sec. 648.81(e)(4), or fail to remove, 
sink gillnet gear and other gillnet gear capable of catching 
multispecies, with the exception of single pelagic gillnets (as 
described in Sec. 648.81(g)(2)(ii)), in the areas and for the times 
specified in Sec. 648.87(a) and (b), except as provided in 
Sec. 648.81(g)(2)(ii) and 648.87(a) and (b), or unless otherwise 
authorized in writing by the Regional Administrator.
    (91) Possess in or harvest from the EEZ from 35 deg.15.3' N. lat., 
the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada 
border, black sea bass either in excess of the possession limit 
established pursuant to Sec. 648.145 or before or after the time period 
established pursuant to Sec. 648.142, unless the person is operating a 
vessel issued a moratorium permit under Sec. 648.4 and the moratorium 
permit is on board the vessel and has not been surrendered, revoked, or 
suspended;
    (92) Fish for, catch, or retain 100 lb or more (45.4 kg or more) of 
black sea bass in or from the EEZ from 35 deg.15.3' N. lat., the 
latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada 
border, unless the vessel meets the gear restrictions of Sec. 648.144.
    (93) Purchase or otherwise receive for commercial purposes black sea 
bass caught in the EEZ from 35 deg.15.3' N. lat., the latitude of Cape 
Hatteras Light, North Carolina, northward to the U.S.-Canada border, by 
other than a vessel with a moratorium permit not subject to the 
possession limit established pursuant to Sec. 648.145 unless the vessel 
has not been issued a permit under this part and is fishing exclusively 
within the waters under the jurisdiction of any state.
    (94) Possess or use rollers used in roller rig or rock hopper trawl 
gear that do not meet the minimum size requirement of Sec. 648.144 if 
the person possesses black sea bass harvested in or from the EEZ from 
35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC, northward 
to the U.S.-Canada border.
    (95) Possess or use pot and trap gear not meeting the requirements 
of Sec. 648.144 if the person possesses black sea bass harvested in or 
from the EEZ from 35 deg.15.3' N. lat., the latitude of Cape Hatteras 
Light, NC, northward to the U.S.-Canada border.
    (96) Purchase or otherwise receive for commercial purposes black sea 
bass landed for sale by a moratorium vessel in any state, or part 
thereof, north of 35 deg.15.3' N. lat., after the effective date of the 
notification published in the Federal Register stating that the 
commercial quarterly quota has been harvested and the EEZ is closed to 
the harvest of black sea bass.
    (97) Fish in or transit the Scallop Experimental Area defined in 
Sec. 648.56(a)(1), except as provided for in Sec. 648.56 (a)(2) and 
(a)(3).
    (98) Fish, or be in the areas described in Sec. 648.81(j)(1), 
(k)(1), (l)(1), and (m)(1) on a fishing vessel with mobile gear during 
the time periods specified in Sec. 648.81(j)(2), (k)(2), (l)(2), and 
(m)(2), except as provided in Sec. 648.81(j)(2), (k)(2), (l)(2), and 
(m)(2).
    (99) Fish, or be in the areas described in Sec. 648.81(j)(1), 
(k)(1), and (l)(1) on a fishing vessel with lobster pot gear during the 
time periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
    (100) Deploy in or fail to remove lobster pot gear from the areas 
described in Sec. 648.81(j)(1), (k)(1), and (l)(1), during the time 
periods specified in Sec. 648.81(j)(2), (k)(2), and (l)(2).
    (101) Enter, fail to remove gear from, or be in the areas described 
in Sec. 648.81(g)(1) through (i)(1) during the time period specified, 
except as provided in Sec. 648.81(d), (g)(2), (h)(2), and (i)(2).
    (102) Enter or fish in the Gulf of Maine/Georges Bank and Southern 
New

[[Page 270]]

England Regulated Mesh Areas, except as provided in Secs. 648.80 
(a)(2)(iii) and (b)(2)(iii), and for purposes of transiting, provided 
that all gear (other than exempted gear) is stowed in accordance with 
Sec. 648.23(b).
    (103) Sell, barter, trade or transfer, or attempt to sell, barter, 
trade or otherwise transfer, other than transport, any multispecies, 
unless the dealer or transferee has a dealer permit issued under 
Sec. 648.6.
    (104) Fish for, harvest, possess, or land regulated species in or 
from the closed areas specified in Sec. 648.81(a), (b), (c), (g), (h), 
and (i), unless otherwise specified in Sec. 648.81(c)(2)(iii), 
(g)(2)(i), and (g)(2)(iii).
    (105) Offload unshucked surf clams or ocean quahogs harvested in or 
from the EEZ outside the Maine mahogany quahog zone from vessels not 
capable of carrying cages, other than directly into cages.
    (106) Offload unshucked surf clams harvested in or from the EEZ 
within the Maine mahogany quahog zone from vessels not capable of 
carrying cages, other than directly into cages.
    (107) Offload unshucked ocean quahogs harvested in or from the EEZ 
within the Maine mahogany quahog zone from vessels not capable of 
carrying cages, other than directly into cages, unless the vessel has 
been issued a Maine mahogany quahog permit under this part and is not 
fishing for an individual allocation of quahogs under Sec. 648.70.
    (108) Purchase, receive for a commercial purpose other than 
transport to a testing facility, or process, or attempt to purchase, 
receive for commercial purpose other than transport to a testing 
facility, or process, outside Maine, ocean quahogs harvested in or from 
the EEZ within the Maine mahogany quahog zone, except at a facility 
participating in an overall food safety program, operated by the 
official state agency having jurisdiction, that utilizes food safety-
based procedures including sampling and analyzing for PSP toxin 
consistent with procedures used by the State of Maine for such purpose.
    (109) Land or possess ocean quahogs harvested in or from the EEZ 
within the Maine mahogany quahog zone after the effective date published 
in the Federal Register notifying participants that Maine mahogany 
quahog quota is no longer available, unless the vessel is fishing for an 
individual allocation of ocean quahogs under Sec. 648.70.
    (110) Fish for, possess or retain sea scallops in or from the areas 
described in Sec. 648.57.
    (111) Transit or be in the areas described in Sec. 648.57 with 
scallop gear that is not properly stowed as required in Sec. 648.57 or a 
preponderance of the evidence of record shows there was a compelling 
safety reason.
    (112) Fish for, harvest, possess, or land in or from the EEZ, when 
fishing with trawl gear, any of the exempted species specified in 
Sec. 648.80(a)(8)(i), unless such species were fished for or harvested 
by a vessel meeting the requirements specified in Sec. 648.80(a)(3)(ii) 
or (a)(8)(ii).
    (113) Land ocean quahogs outside Maine that are harvested in or from 
the EEZ within the Maine mahogany quahog zone, except at a facility 
participating in an overall food safety program, operated by the 
official state agency having jurisdiction, that utilizes food safety-
based procedures including sampling and analyzing for PSP toxin 
consistent with procedures used by the State of Maine for such purpose.
    (114) Fish for, possess, or land species regulated under this part 
with or from a vessel that is issued a limited access permit under 
Secs. 648.4(a)(1)(i), 648.4(a)(2)(i), 648.4(a)(3)(i), 648.4(a)(4)(i), 
648.4(a)(5)(i), 648.4(a)(6)(i), or Sec. 648.4(a)(7)(i), and 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).
    (115) Fish for, possess, or land species regulated under this part 
with or from a vessel issued a limited access permit under 
Secs. 648.4(a)(1)(i), 648.4(a)(2)(i), 648.4(a)(3)(i), 648.4(a)(4)(i), 
648.4(a)(5)(i), 648.4(a)(6)(i), or Sec. 648.4(a)(7)(i), that has had the 
length, GRT, or NT 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).
    (116) Fish for, harvest, possess, or land any species of fish in or 
from the GOM/GB Inshore Restricted Roller

[[Page 271]]

Gear Area described in Sec. 648.80(a)(2)(iv) with trawl gear where the 
diameter of any part of the trawl footrope, including discs, rollers or 
rockhoppers, is greater than 12 inches (30.48 cm).
    (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 or landing limits specified in Sec. 648.86(a) 
and (b), or to violate any of the other provisions of Sec. 648.86, 
unless otherwise specified in Sec. 648.17.
    (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), unless otherwise specified in Sec. 648.17, to 
do any of the following:
    (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 in 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 VMS unit:
    (i) Fail to have a certified, operational, and functioning VMS 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 VMS usage as specified in Sec. 648.10(b).
    (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 provision of the DAS notification 
program as specified in Sec. 648.10.
    (7) Possess or land per trip more than the possession or landing 
limits specified under Sec. 648.86(a), (b), and under Sec. 648.82(b)(3), 
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 DAS program 
as required by Sec. 648.82(g), using the procedure described under 
Sec. 648.82(h), as applicable.
    (10) Enter, fail to remove sink gillnet gear or gillnet gear capable 
of catching multispecies from, or be in the areas, and for the times, 
described in Sec. 648.87(a) and (b), except as provided in 
Sec. 648.81(d) and (g)(2), and in Sec. 648.87(a)(1)(ii).
    (11) If the vessel has been issued a limited access multispecies 
permit and fishes under a multispecies DAS, fail to comply with gillnet 
requirements and restrictions specified in Sec. 648.82(k).
    (12) If the vessel has been issued a limited access Day gillnet 
category designation, fail to comply with the restriction and 
requirements specified in Sec. 648.82(k)(1).
    (13) If the vessel has been issued a Day gillnet category 
designation, fail to remove gillnet gear from the water as described in 
Sec. 648.82(g) and Sec. 648.82(k)(1)(iv).
    (14) Fail to produce or, cause to be produced, gillnet tags when 
requested by an authorized officer.
    (15) Produce, or cause to be produced, gillnet tags under 
Sec. 648.82(k)(1) without the written confirmation from the Regional 
Administrator described in Sec. 648.82(k)(1)(ii).
    (16) Tag a gillnet or use a gillnet tag that has been reported lost, 
missing, destroyed, or issued to another vessel.
    (17) Sell, transfer, or give away gillnet tags that have been 
reported lost, missing, destroyed, or issued to another vessel.

[[Page 272]]

    (18) If the vessel has been issued a Trip gillnet category 
designation, fail to comply with the restrictions and requirements 
specified in Sec. 648.82(k)(2).
    (19) Fail to comply with the exemption specifications as described 
in Sec. 648.86(b)(4).
    (20) Fail to comply with the provisions of the cod hail weight 
notification specifications specified in Sec. 648.86(b)(1)(ii)(B).
    (21) Fail to declare, and be, out of the non-exempt gillnet fishery 
as required by Sec. 648.82(k)(1)(iv), using the procedure described 
under Sec. 648.82(h), as applicable.
    (22) Fail to comply with the exemption specifications as described 
in Sec. 648.17.
    (23) Fail to enter port and call-out of the DAS program no later 
than 14 DAS after starting a multispecies DAS trip (i.e., the time a 
vessel leaves port or when the vessel received a DAS authorization 
number, whichever comes first), as specified in Sec. 648.10(f)(3), 
unless otherwise specified in Sec. 648.86(b)(1)(ii), or unless the 
vessel is fishing under the cod exemption specified in 
Sec. 648.86(b)(4).
    (24) Enter port, while on a multispecies DAS trip, in possession of 
more than the allowable limit of cod specified in Sec. 648.86(b)(1)(i) 
without reporting the cod hail weight, unless the vessel is fishing 
under the cod exemption specified in Sec. 648.86(b)(4).
    (25) Fail to remain in port for the appropriate time specified in 
Sec. 648.86(b)(1)(ii)(A), except for transiting purposes, provided the 
vessel complies with Sec. 648.86(b)(3).
    (26) Fish for, land or possess cod in excess of the cod trip 
landings and/or maximum possession limits specified in or pursuant to 
Sec. 648.86(b)(2).
    (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, unless 
otherwise specified in Sec. 648.17:
    (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. 648.88(a)(2).
    (4) Violate any provision of the open access handgear permit 
restrictions as provided in Sec. 648.88(a).
    (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 scallop multispecies possession limit permit 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, unless otherwise specified in Sec. 648.17.
    (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, unless otherwise specified in 
Sec. 648.17, 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 owning or operating a vessel 
issued a limited access scallop permit under Sec. 648.4(a)(2) to do any 
of the following:

[[Page 273]]

    (1) Possess, or land per trip, more than 400 lb (181.44 kg) of 
shucked, or 50 bu (17.62 hl) 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 VMS unit 
that meets the specifications of Sec. 648.9 on board the vessel at all 
times, unless the vessel is not subject to the VMS requirements 
specified in Sec. 648.10.
    (4) If the vessel is not subject to VMS 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 the 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)(ii).
    (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, or any other 
material, on the top half of the dredge with a mesh size smaller than 
that specified in Sec. 648.51(b)(2), unless otherwise prohibited under 
paragraph (h)(27) of this section.
    (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 Administrator.

[[Page 274]]

    (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 
Administrator.
    (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 Administrator.
    (21) Refuse or fail to carry an observer if requested to do so by 
the Regional Administrator.
    (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).
    (27) Enter or be in the area described in Sec. 648.58(b) when 
fishing under a scallop DAS, with a net, net material, or any other 
material on the top half of the dredge with mesh size smaller than that 
specified in Sec. 648.58(c)(7).
    (28) Fail to comply with any of the provisions and specifications of 
Sec. 648.58.
    (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 (17.62 hl) 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

[[Page 275]]

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 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.
    (9) Offload, remove, or otherwise transfer, or attempt to offload, 
remove or otherwise transfer summer flounder from one vessel to another, 
unless that vessel has not been issued a summer flounder permit and 
fishes exclusively in state waters.
    (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.

[[Page 276]]

    (12) Use a scup trap or pot that is not marked in accordance with 
Sec. 648.123(b)(3).
    (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.
    (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) Possess more than the incidental catch allowance of Illex squid 
unless issued an Illex squid moratorium permit.
    (3) Take, retain, or land mackerel, squid, or butterfish in excess 
of a trip allowance specified under Sec. 648.22.
    (4) Take, retain, or land mackerel, squid, or butterfish after a 
total closure specified under Sec. 648.22.
    (5) 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).
    (6) Transfer squid or butterfish at sea to another vessel unless 
that other vessel has been issued a valid Loligo and butterfish or Illex 
moratorium permit and are transferring the species for which the vessel 
is permitted or a valid squid/butterfish incidental catch permit and a 
letter of authorization by the Regional Administrator.
    (7) Fail to comply with any measures implemented pursuant to 
Sec. 648.21.
    (8) Carry passengers for hire while fishing commercially under a 
mackerel, squid, and butterfish fishery permit.
    (9) 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:

[[Page 277]]

    (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) [Reserved]
    (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 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, unless otherwise specified in Sec. 648.17.
    (u) 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 black sea 
bass permit (including a moratorium permit) to do any of the following:
    (1) Possess 1,000 lb (453.6 kg) or more of black sea bass, unless 
the vessel meets the minimum mesh requirement specified in 
Sec. 648.144(a).
    (2) Possess black sea bass in other than a box specified in 
Sec. 648.145(c) if fishing with nets having mesh that does not meet the 
minimum mesh-size requirement specified in Sec. 648.144(a).
    (3) Land black sea bass for sale in any state, or part thereof, 
north or south of 35 deg.15.3' N. lat., after the effective date of the 
notification published in the Federal Register stating that the 
commercial quarterly quota has been harvested and the EEZ is closed to 
the harvest of black sea bass.
    (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. 648.144, unless the nets or netting are stowed in accordance with 
Sec. 648.23(b).
    (5) Fish with or possess rollers used in roller rig or rock hopper 
trawl gear that do not meet the requirements specified in 
Sec. 648.144(a)(5).
    (6) Fish with or possess pots or traps that do not meet the 
requirements specified in Sec. 648.144(b).
    (7) Sell or transfer to another person for a commercial purpose, 
other than transport on land, any black sea bass, unless the transferee 
has a valid black sea bass 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 black sea bass moratorium permit.
    (9) Possess, retain or land black sea bass harvested in or from the 
EEZ in excess of the commercial trip limit established pursuant to 
Sec. 648.140.
    (10) Land black sea bass for sale in any state south of North 
Carolina.
    (11) Possess black sea bass harvested in or from the EEZ north or 
south of 35 deg.15.3' N. lat. after the effective date of the 
notification published in the Federal Register stating that the 
commercial quarterly quota has been harvested and the EEZ is closed to 
the harvest of black sea bass.
    (v) It is unlawful for the owner and operator of a party or charter 
boat issued a black sea bass 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 black sea bass in excess of the possession limit 
established pursuant to Sec. 648.145.
    (2) Fish for black sea bass other than during a season specified 
pursuant to Sec. 648.142.
    (3) Sell black sea bass or transfer black sea bass to another person 
for a commercial purpose.
    (w) 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:

[[Page 278]]

    (1) Possess in or harvest from the EEZ Atlantic bluefish in excess 
of the daily possession limit specified in Sec. 648.131, unless that 
person has a permit meeting the requirements of Sec. 648.4(a)(8);
    (2) 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-Stevens 
Act, or any regulation or permit issued under the Magnuson-Stevens Act;
    (3) Fish under a permit meeting the requirements of Sec. 648.4(a)(8) 
in violation of a notice of restriction published under Sec. 648.162;
    (4) Fish in the EEZ under a permit meeting the requirements of 
Sec. 648.4(a)(8) during a closure under Sec. 648.163; or
    (5) Sell any Atlantic bluefish harvested from the EEZ unless that 
person has a permit that meets the requirements of Sec. 648.4(a)(8).
    (x) 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 unless the vessel has a valid Maine 
mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and is not 
fishing for an individual allocation under Sec. 648.70.
    (iii) Surf clams or ocean quahogs found in cages without a valid 
state tag are deemed to have been harvested in the EEZ and are deemed to 
be part of an individual's allocation, unless the vessel has a valid 
Maine mahogany quahog permit issued pursuant to Sec. 648.4(a)(4)(i) and 
is not fishing for an individual allocation under Sec. 648.70; or, 
unless the preponderance of available evidence demonstrates that he/she 
has surrendered his/her surf clam and ocean quahog permit issued under 
Sec. 648.4 and he/she 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) 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, or by a vessel that fished 
exclusively in the NAFO Regulatory Area. 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, or by a vessel that fished exclusively 
in the NAFO Regulatory Area. This presumption does not apply to fish 
being sorted on deck.

[[Page 279]]

    (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.
    (7) Black sea bass. All black sea bass possessed on board a party or 
charter boat issued a permit under Sec. 648.4(a)(7)(ii) are deemed to 
have been harvested from U.S. waters of the western Atlantic Ocean from 
35 deg.15.3' N. lat., the latitude of Cape Hatteras Light, NC, northward 
to the U.S.-Canada border.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affection 
Sec. 648.14, see the List of CFR sections affected in the Finding Aids 
section of this volume.

    Effective Date Note 1: At 63 FR 45940, Aug. 28, 1998, Sec. 648.14 
was amended by adding paragraph (a)(97), effective Aug. 28, 1998, 
through Feb. 28, 2000.

    Effective Date Note 2: At 64 FR 14839, March 29, 1999, Sec. 648.14 
was amended by adding paragraphs (a) (110) and (111), effective March 
27, 1999, through March 1, 2001.

    Effective Date Note 3: At 64 FR 42045, Aug. 3, 1999, Sec. 648.14 was 
amended by suspending paragraphs (c)(23), (c)(24), and (c)(25) and 
adding paragraphs (c)(27), (c)(28), (c)(29), and (c)(30), effective Aug. 
3, 1999 through Jan. 30, 2000. For the convenience of the user, the 
added text follows:



Sec. 648.14  Prohibitions.

                                * * * * *

    (c) * * *
    (27) Fail to enter port and call-out of the DAS program no later 
than 14 DAS after starting (i.e., the time of the issuance of the DAS 
authorization number) a multispecies DAS trip, as specified in 
Sec. 648.10(f)(3)(iii), unless otherwise specified in 
Sec. 648.86(b)(1)(iv), or unless the vessel is fishing under the cod 
exemption specified in Sec. 648.86(b)(2).
    (28) Enter port, while on a multispecies DAS trip, in possession of 
more than the allowable limit of cod specified in Sec. 648.86(b)(1)(iv) 
without reporting the cod hail weight, unless the vessel is fishing 
under the cod exemption specified in Sec. 648.86(b)(2). Under no 
circumstances may such a trip exceed 14 days in length.
    (29) Fail to remain in port for the appropriate time specified in 
Sec. 648.86(b)(1)(ii), except for transiting purposes, provided the 
vessel complies with Sec. 648.86(b)(5).
    (30) Land more than the allowable limit of cod specified in 
Sec. 648.86(b)(1)(iv), unless the vessel is fishing under the cod 
exemption specified in Sec. 648.86(b)(2).

                                * * * * *



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 nearest to the 
point of offloading (contact the Regional Administrator 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

[[Page 280]]

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.
    (4) Suspension of notification requirements. The Regional 
Administrator may suspend notification requirements for vessels fishing 
under a Maine mahogany quahog permit issued pursuant to 
Sec. 648.4(a)(4)(i) if he determines that such notification is not 
necessary to enforce effectively the management measures in the Maine 
mahogany quahog zone. The Regional Administrator may rescind such 
suspension if he concludes that the original determination is no longer 
valid. A suspension or recision of suspension of the notification 
requirements by the Regional Administrator shall be published in the 
Federal Register.
    (c) Radio hails. Permit holders, while underway, must be alert for 
communication conveying enforcement instructions and immediately answer 
via VHF-FM radio, channel 16 when hailed by an authorized officer. 
Vessels not required to have VHF-FM radios by the Coast Guard are exempt 
from this requirement.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14648, Mar. 27, 1997; 63 
FR 27485, May 19, 1998]



Sec. 648.16  Penalties.

    See Sec. 600.735.



Sec. 648.17  Exemptions for vessels fishing in the NAFO Regulatory Area for Multispecies vessels.

    A vessel issued a valid High Seas Fishing Compliance permit under 50 
CFR part 300 is exempt from multispecies permit, mesh size, effort-
control, and possession limit restrictions, specified in Secs. 648.4, 
648.80, 648.82 and Sec. 648.86, respectively, while transiting the EEZ 
with multispecies on board the vessel, or landing multispecies in U.S. 
ports that were caught while fishing in the NAFO Regulatory Area, 
provided:
    (a) The vessel operator has a letter of authorization issued by the 
Regional Administrator on board the vessel;
    (b) For the duration of the trip, the vessel fishes, except for 
transiting purposes, exclusively in the NAFO Regulatory Area and does 
not harvest fish in, or possess fish harvested in, or from, the EEZ;
    (c) When transiting the EEZ, all gear is properly stowed in 
accordance with one of the applicable methods specified in 
Sec. 648.81(e); and
    (d) The vessel operator complies with the High Seas Fishing 
Compliance permit and all NAFO conservation and enforcement measures 
while fishing in the NAFO Regulatory Area.

[63 FR 11595, Mar. 10, 1998]



  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--the catch associated with a fishing mortality rate of 
Fmax.
    (c) Illex --the catch associated with a fishing mortality rate of 
F20.
    (d) Butterfish--the catch associated with a fishing mortality rate 
of FMSY.

[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997]



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

[[Page 281]]

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 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

[[Page 282]]

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/closures for Loligo and Illex.
    (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 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 
Administrator 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 Administrator 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 Administrator 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 Administrator, 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.

[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997]



Sec. 648.22  Closure of the fishery.

    (a) General. The Assistant Administrator shall close the directed 
mackerel 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 Administrator projects that DAH will be 
attained for mackerel, the Assistant Administrator shall close the 
mackerel fishery in the EEZ, and the incidental

[[Page 283]]

catches specified for mackerel in paragraph (c) of this section will be 
prohibited. The Assistant Administrator shall close the directed fishery 
in the EEZ for Loligo, Illex, or butterfish when 95 percent of DAH has 
been harvested. The closure of the directed fishery shall be in effect 
for the remainder of the fishing year with incidental catches allowed as 
specified in paragraph (c) of this section.
    (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 the directed fishery 
for mackerel, the trip limit for mackerel is 10 percent by weight of the 
total amount of fish on board. During a period of closure of the 
directed fishery for Loligo, Illex, or butterfish, the trip limit for 
Loligo and butterfish is 2,500 lb (1.13 mt) each, and the trip limit for 
Illex is 5,000 lb (2.27 mt).

[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997]



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 codend for 
at least 150 continuous meshes forward of the terminus of the net, or 
for codends with less than 150 meshes, the minimum mesh size codend 
shall be a minimum of one-third of the net measured from the terminus of 
the codend to the head rope, 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 Administrator 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 its entire surface is 
covered with canvas or other similar material that is securely bound;
    (ii) The towing wires are detached from the net; and

[[Page 284]]

    (iii) The codend is removed and stored below deck.
    (4) On-reel stowage for vessels transiting the GOM Rolling Closure 
Areas. (i) The net is on a reel, and its entire surface is covered with 
canvas or other similar material that is securely bound;
    (ii) The towing wires are detached from the doors; and
    (iii) No containment rope, codend tripping device, or other 
mechanism to close off the codend is attached to the codend.
    (5) Other methods of stowage. Any other method of stowage authorized 
in writing by the Regional Administrator and subsequently 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 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.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14648, Mar. 27, 1997; 63 
FR 1774, Jan. 12, 1998; 64 FR 24073, May 5, 1999]



           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.



Sec. 648.41  Framework specifications.

    (a) Within season management action. The New England Fishery 
Management Council (NEFMC) may, at any time, initiate action to 
implement, add to or adjust Atlantic salmon management measures to allow 
for Atlantic salmon aquaculture projects in the EEZ, provided such an 
action is consistent with the goals and objectives of the Atlantic 
Salmon FMP.
    (b) Framework process. After initiation of an action to implement, 
add to or adjust an Atlantic salmon management measure to allow for an 
Atlantic salmon aquaculture project in the EEZ, the NEFMC shall develop 
and analyze Atlantic salmon management measures to allow for Atlantic 
salmon aquaculture projects in the EEZ 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 aquaculture management measures must come 
from one or more of the following categories: minimum fish sizes, gear 
restrictions, minimum

[[Page 285]]

mesh sizes, possession limits, tagging requirements, monitoring 
requirements, reporting requirements, permit restrictions, area 
closures, establishment of special management areas or zones and any 
other management measures currently included in the FMP.
    (c) NEFMC recommendation. After developing Atlantic salmon 
management measures and receiving public testimony, the NEFMC shall make 
a recommendation to NMFS. The NEFMC's recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to NMFS on whether to issue the 
management measures as a final rule. If NMFS concurs with the NEFMC's 
recommendation to issue the management measures 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 measures 
adopted following their implementation as a final rule.
    (d) NMFS action. If the NEFMC's recommendation includes 
implementation of management measures and, after reviewing the NEFMC's 
recommendation and supporting information:
    (1) NMFS concurs with the NEFMC's recommended management measures 
and determines that the recommended measures should be issued as a final 
rule based on the factors specified in paragraph (c)(1) through (4) of 
this section, the measures will be issued as a final rule in the Federal 
Register.
    (2) NMFS 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 NMFS concurs with 
the NEFMC recommendation, the measures will be issued as a final rule in 
the Federal Register.
    (3) NMFS does not concur, the NEFMC will be notified in writing of 
the reasons for the non-concurrence.
    (e) 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-Stevens Act.

[64 FR 40520, July 27, 1999]



   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

[[Page 286]]

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 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 
(176.1 L) of in-shell scallops, all trawl vessels fishing for 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), 
or less, of scallops, must comply with the following restrictions, 
unless otherwise specified:
    (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) From June 15, 1999, through December 15, 
1999, for vessels fishing under a scallop DAS, unless otherwise 
restricted under Sec. 648.58, and from June 15, 1999, and beyond, for 
all vessels not fishing under the scallop DAS program, the mesh size of 
a net, net material, or any other material on the top of a scallop 
dredge

[[Page 287]]

in use by or in possession of such vessels shall not be smaller than 5.5 
inches (13.97 cm) square or diamond mesh.
    (ii) Starting December 16, 1999, unless otherwise restricted under 
Sec. 648.58, the mesh size of a net, net material, or any other material 
on the top of a scallop dredge possessed or used by vessels fishing 
under a scallop DAS shall not be smaller than 8-inch (20.32-cm) square 
or diamond mesh.
    (iii) 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 Administrator).
    (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 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 Administrator 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 
Administrator.
    (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.

[[Page 288]]

    (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 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 (17.62 hl) 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 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; 62 
FR 14648, Mar. 27, 1997; 64 FR 31149, June 10, 1999]

    Effective Date Note: At 64 FR 31149, June 10, 1999, Sec. 648.51 was 
amended by revising paragraph (b)(2)(ii), effective Dec. 16, 1999. For 
the convenience of the user, the superseded text is set forth as 
follows:

Sec. 648.51  Gear and crew restrictions.

                                * * * * *

    (b) * * *
    (2) * * *
    (ii) Mesh size is measured as provided in paragraph (a)(2)(iii) of 
this section.

                                * * * * *

[[Page 289]]



Sec. 648.52  Possession limits.

    (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 that 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 (17.62 hl) 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.
    (c) Owners or operators of vessels with a limited access scallop 
permit that have declared into the Georges Bank Sea Scallop Exemption 
Program as described in Sec. 648.58 are prohibited from possessing or 
landing per trip more than the sea scallop possession limit specified in 
Sec. 648.58(c)(6).

[61 FR 34968, July 3, 1996, as amended at 62 FR 37156, July 11, 1997; 64 
FR 31149, June 10, 1999]



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 to in the 
proceeding 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 (17.62 hl) 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, as long as it does not 
possess or land more than 400 lb (181.44 kg) of shucked or 50 bu (17.62 
hl) 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:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 1999-    2000-    2001-    2002-    2003-    2004-    2005-    2006-    2007-
                         DAS category                             2000     2001     2002     2003     2004     2005     2006     2007     2008    2008+
--------------------------------------------------------------------------------------------------------------------------------------------------------
Full-time.....................................................      120       51       49       46       45       34       35       38       36       60
Part-time.....................................................       48       20       19       18       18       14       14       15       17       24
Occasional....................................................       10        4        4        4        4        3        3        3        4        5
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (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.
    (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. 
DAS sanctioned vessels will be credited with unused DAS based on their 
DAS allocation minus total DAS sanctioned.
    (e) Accrual of DAS. DAS shall accrue to the nearest minute.
    (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

[[Page 290]]

USCG, will not accrue DAS for the time documented.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14648, Mar. 27, 1997; 62 
FR 15386, Apr. 1, 1997; 63 FR 11595, Mar. 10, 1998; 64 FR 14839, Mar. 
29, 1999]



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. 648.53(b) 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(b) under paragraph (a) of this section 
is also exempt from the gear restrictions specified in Sec. 648.51 (a), 
(b), (e)(1) and (e)(2) while fishing exclusively landward of the outer 
boundary of the waters of a state that has been deemed by the Regional 
Administrator 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 
Administrator 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.
    (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 Administrator 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 Administrator 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 Administrator of any changes in their 
respective scallop conservation program. The Regional Administrator 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 Administrator shall publish a final rule in the 
Federal Register amending this paragraph (b)(3)(iii) to eliminate the 
exemption for that state. The Regional Administrator 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 Administrator 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 paragraph(s) (a) and/or (b)(1) of this section must notify 
the Regional Administrator in accordance with the provisions of 
Sec. 648.10(e).
    (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)

[[Page 291]]

and/or (b) of this section remains subject to all other requirements of 
this part.
    (g) Possession restriction exemption. Any vessel issued a limited 
access permit that is exempt under paragraph (a) of this section from 
the DAS requirements of Sec. 648.53(b), or any vessel issued a general 
scallop permit is exempt from the possession restrictions specified in 
Sec. 648.52(a) while fishing exclusively landward of the outer boundary 
of the waters of a state that has been determined by the Regional 
Administrator 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.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14649, Mar. 27, 1997; 62 
FR 43470, Aug. 14, 1997]



Sec. 648.55  Framework specifications.

    (a) Annually, or upon a request from the NEFMC, the Regional 
Administrator 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), and of other management measures to achieve the stock-
rebuilding objectives. 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) Based on this review, the NEFMC PDT shall recommend total 
allowable DAS reduction schedules and develop options necessary to 
achieve the FMP goals and objectives, which may include a preferred 
option. The NEFMC PDT must demonstrate through analysis and 
documentation that the options it develops are expected to meet the 
Scallop FMP goals and objectives. The range of options developed by the 
NEFMC PDT may include any of the management measures in the Scallop FMP, 
including, but not limited to the categories described in 
Sec. 648.53(d).
    (d) 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) Modifications to the overfishing definition.
    (13) VMS Demarcation Line for DAS monitoring.
    (14) DAS allocations by gear type.
    (15) Temporary leasing of scallop DAS requiring full public 
hearings.
    (16) Scallop size restrictions, except a minimum size or weight of 
individual scallop meats in the catch.
    (17) Aquaculture enhancement measures and closures.
    (18) Closed areas to lessen the amount of DAS reductions.

[[Page 292]]

    (19) Closed areas to increase the size of scallops caught.
    (20) Modifications to the opening dates of closed areas.
    (21) Any other management measures currently included in the FMP.
    (e) The Council may make recommendations to the Regional 
Administrator to implement measures in accordance with the procedures 
described in this subpart to address gear conflict as defined under 50 
CFR 600.10. In developing such recommendation, the Council shall define 
gear management areas, each not to exceed 2700 mi2 (5000.4 
km2), and seek industry comments by referring the matter to 
its standing industry advisory committee for gear conflict, or to any ad 
hoc industry advisory committee that may be formed. The standing 
industry advisory committee or ad hoc committee on gear conflict shall 
hold public meetings seeking comments from affected fishers and develop 
findings and recommendations on addressing the gear conflict. After 
receiving the industry advisory committee findings and recommendations, 
or at any other time, the Council shall determine whether it is 
necessary to adjust or add management measures to address gear conflicts 
and which FMPs must be modified to address such conflicts. If the 
Council determines that adjustments or additional measures are 
necessary, it shall develop and analyze appropriate management actions 
for the relevant FMPs over the span of at least two Council meetings. 
The Council shall provide the public with advance notice of the 
availability of the recommendation, the appropriate justification and 
economic and biological analyses, and opportunity to comment on them 
prior to and at the second or final Council meeting before submission to 
the Regional Administrator. The Council's recommendation on adjustments 
or additions to management measures for gear conflicts must come from 
one or more of the following categories:
    (1) Monitoring of a radio channel by fishing vessels.
    (2) Fixed gear location reporting and plotting requirements.
    (3) Standards of operation when gear conflict occurs.
    (4) Fixed gear marking and setting practices.
    (5) Gear restrictions for specific areas (including time and area 
closures).
    (6) Vessel monitoring systems.
    (7) Restrictions on the maximum number of fishing vessels or amount 
of gear.
    (8) Special permitting conditions.
    (f) The measures shall be evaluated and approved by the relevant 
committees with oversight authority for the affected FMPs. If there is 
disagreement between committees, the Council may return the proposed 
framework adjustment to the standing or ad hoc gear conflict committee 
for further review and discussion.
    (g) After developing management actions and receiving public 
testimony, the NEFMC shall make a recommendation to the Regional 
Administrator. The NEFMC's recommendation must include supporting 
rationale and, if management measures are recommended, an analysis of 
impacts and a recommendation to the Regional Administrator 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 or to 
impose management measures to resolve gear conflicts.
    (4) Whether there will be a continuing evaluation of management 
measures adopted following their promulgation as a final rule.
    (h) If the NEFMC's recommendation includes adjustments or additions 
to

[[Page 293]]

management measures, and if, after reviewing the NEFMC's recommendation 
and supporting information:
    (1) The Regional Administrator 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 Administrator 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 Administrator concurs with the NEFMC 
recommendation, the action will be published as a final rule in the 
Federal Register; or
    (3) The Regional Administrator does not concur, the NEFMC will be 
notified, in writing, of the reasons for the non-concurrence.
    (i) If the Regional Administrator concurs in the NEFMC's 
recommendation, a final rule shall be published in the Federal Register 
on or about February 1 of each year. If the NEFMC fails to submit a 
recommendation to the Regional Administrator by December 1 that meets 
the FMP goals and objectives, the Regional Administrator 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 Administrator decides to approve the option 
published as a proposed rule, the action will be published as a final 
rule in the Federal Register.
    (j) 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.

[61 FR 34968, July 3, 1996, as amended at 62 FR 1404, Jan. 10, 1997; 64 
FR 14839, Mar. 29, 1999]



Sec. 648.57  Closed areas.

    (a) Hudson Canyon South Closed Area. Through March 1, 2001, no 
vessel may fish for, possess, or retain sea scallops in or from the area 
known as the Hudson Canyon South Closed Area (copies of a chart 
depicting this area are available from the Regional Administrator upon 
request) unless all gear on board is properly stowed and not available 
for immediate use in accordance with the provisions of Secs. 648.23(b) 
and 648.81(e). Further, vessels not fishing in the scallop DAS program 
and fishing for species other than scallops or not in possession of 
scallops in this area must stow scallop dredge gear in accordance with 
the provisions of Secs. 648.23(b) and 648.81(e). The Hudson Canyon South 
Closed Area is defined by straight lines connecting the following points 
in the order stated:

------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
H1............................................    39 30' N.    73 10' W.
H2............................................    39 30' N.    72 30' W.
H3............................................    38 30' N.    73 30' W.
H4............................................    38 40' N.    73 50' W.
------------------------------------------------------------------------

    (b) Virginia Beach Closed Area. Through March 1, 2001, no vessel may 
fish for, possess, or retain sea scallops in or from the area known as 
the Virginia Beach Closed Area (copies of a chart depicting this area 
are available from the Regional Administrator upon request) unless all 
gear on board is properly stowed and not available for immediate use in 
accordance with the provisions of Secs. 648.23(b) and 648.81(e). 
Further, vessels not fishing in the scallop DAS program and fishing for 
species other than scallops or not in possession of scallops in this 
area must stow scallop dredge gear in accordance with the provisions of 
Secs. 648.23(b) and 648.81(e). The Virginia Beach Closed Area is defined 
by straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
V1............................................    37 00' N.    74 55' W.
V2............................................    37 00' N.    74 35' W.
V3............................................    36 25' N.    74 45' W.
V4............................................    36 25' N.    74 55' W.
------------------------------------------------------------------------


    Effective Date Note: At 64 FR 14840, Mar. 29, 1999, Sec. 648.57 was 
added, effective Mar. 27, 1999, through Mar. 1, 2001.

[[Page 294]]



Sec. 648.58  Georges Bank Sea Scallop Exemption Program.

    (a) Eligibility. (1) During the period June 15, 1999, through 
December 31, 1999, all scallop vessels issued a limited access scallop 
permit may fish in the Georges Bank Sea Scallop Exemption Area, defined 
in paragraph (b) of this section, when fishing under a scallop DAS, 
provided the vessel complies with the requirements of paragraph (c) of 
this section.
    (2) Except for scallop vessels fishing under a scallop DAS that have 
not declared a fishing trip into the Georges Bank Sea Scallop Exemption 
Program, as specified under paragraph (c)(3)(i) of this section, vessels 
may fish in that portion of the exemption area described in paragraph 
(b) of this section that lies outside of Closed Area II, as described in 
Sec. 648.81(b), provided the vessel complies with all applicable 
regulations.
    (b) Georges Bank Sea Scallop Exemption Area. The Georges Bank Sea 
Scallop Exemption Area (copies of a map depicting the area are available 
from the Regional Administrator upon request) is defined by straight 
lines connecting the following points in the order stated:

                                     GEORGES BANK SEA SCALLOP EXEMPTION AREA
----------------------------------------------------------------------------------------------------------------
                     Point                        N. Lat.                          W. Long.
----------------------------------------------------------------------------------------------------------------
DA1                                             40 deg.24.0                                       67 deg.40.000'
                                                        00'
DA2                                             40 deg.24.0     65 deg.43.121'(on U.S./Canada Maritime Boundary)
                                                        00'
G6                                              41 deg.30.0     66 deg.34.728'(on U.S./Canada Maritime Boundary)
                                                        00'
G7                                              41 deg.30.0                                       67 deg.20.000'
                                                        00'
DA4                                             42 deg.12.0                                       67 deg.20.000'
                                                        00'
DA5                                             42 deg.12.0                                       67 deg.40.000'
                                                        00'
DA1                                             40 deg.24.0                                       67 deg.40.000'
                                                        00'
----------------------------------------------------------------------------------------------------------------

    (c) Requirements. To fish in the Georges Bank Sea Scallop Exemption 
Area under the Georges Bank Sea Scallop Exemption Program an eligible 
vessel must comply with the following requirements:
    (1) Season. The vessel may only fish in the Georges Bank Sea Scallop 
Exemption Area under the Georges Bank Sea Scallop Exemption Program only 
from June 15 through December 31, 1999, unless otherwise specified by 
notification in the Federal Register.
    (2) VMS. The vessel must have installed on board an operational VMS 
unit that meets the minimum performance criteria specified in 
Sec. 648.9(b) or as modified in Sec. 648.9(a).
    (3) Declaration. (i) The vessel must submit a monthly report through 
the VMS e-mail messaging system, prior to the 15th of the month 
preceding the month in question, of its intention to fish in the 
exemption area, along with the following information: Vessel name and 
permit number, owner and operator's name, owner and operator's phone 
numbers, and number of trips anticipated for the month in question.
    (ii) In addition, on the day the vessel leaves port to fish under 
the Georges Bank Sea Scallop Exemption Program, the vessel owner or 
operator must declare into the Program through the VMS, in accordance 
with instructions to be provided by the Regional Administrator prior to 
leaving port.
    (iii) A vessel selected for observer coverage must provide notice to 
NMFS, in accordance with the notification requirements specified under 
Sec. 648.11(b), as to the time and port of departure at least 5 working 
days prior to the beginning of any trip on which it declares into the 
Georges Bank Sea Scallop Exemption Program.
    (4) Number of trips. If the vessel is a full or part-time scallop 
vessel, it must not fish more than three trips in the Georges Bank Sea 
Scallop Exemption Area during the season described in paragraph (c)(1) 
of this section, unless otherwise specified by notification in the 
Federal Register. If the vessel is an occasional scallop vessel, it must 
not fish more than one trip in the Georges Bank Sea Scallop Exemption 
Area during the season described in paragraph (c)(1) of this section.
    (5) Area fished. A vessel that has declared a trip into the Georges 
Bank Sea Scallop Exemption Program must not

[[Page 295]]

fish for, catch, or harvest scallops from outside of the Georges Bank 
Sea Scallop Exemption Area and must not enter or exit the Exemption Area 
more than once per trip.
    (6) Possession limits. (i) Unless otherwise authorized by the 
Regional Administrator as specified in paragraph (e) of this section, a 
vessel declared into the Georges Bank Sea Scallop Exemption Program may 
possess and land up to 10,000 lb (4,536.0 kg) of scallop meats per trip, 
with a maximum of 400 lb (181.4 kg) of the possession limit originating 
from 50 bu (176.1 L) of in-shell scallops.
    (ii) The vessel may possess and land up to 500 lb (226.8 kg) of 
regulated multispecies, unless otherwise restricted under 
Sec. 648.86(a)(2)(i) or (b), or the vessel is carrying a NMFS approved 
sea sampler or observer on board the vessel. A vessel carrying an 
approved sea sampler or observer may possess all regulated multispecies 
caught, provided the regulated multispecies in excess of 500 lb (226.8-
kg) are donated to charity. A vessel subject to the 500-lb (226.8-kg) 
possession limit must separate all regulated multispecies onboard from 
other species of fish so as to be readily available for inspection.
    (7) Gear restrictions. The vessel must fish with or possess scallop 
dredge gear only in accordance with the dredge vessel restrictions 
specified under Sec. 648.51(b), except that the mesh size of a net, net 
material, or any other material on the top of a scallop dredge in use by 
or in possession of the vessel shall not be smaller than 10.0 inches 
(25.40 cm) square or diamond mesh.
    (8) Transiting. When transiting to and from the Georges Bank Sea 
Scallop Exemption Area, all gear on board must be properly stowed and 
not available for immediate use in accordance with the provisions of 
Sec. 648.81(e).
    (9) Off-loading restrictions. The vessel may not off-load its sea 
scallop catch at more than one location.
    (10) Reporting. The owner or operator must submit reports through 
the VMS, in accordance with instructions to be provided by the Regional 
Administrator, for each day fished when declared in the Georges Bank Sea 
Scallop Exemption Program. The reports must be submitted in 24-hour 
intervals, beginning at 0000 hours and ending at 2400 hours each day, 
and include the following information:
    (i) Total pounds/kilograms of scallop meats kept; and
    (ii) For each trip that the vessel has a NMFS approved observer on 
board, the total pounds/kilograms of scallop meats kept and total 
pounds/kilograms of yellowtail flounder caught on tows that were 
observed by a NMFS approved observer.
    (d) Accrual of DAS. A scallop vessel that has declared a fishing 
trip into the Georges Bank Sea Scallop Exemption Program of this section 
shall have a minimum of 10 DAS deducted from its DAS allocation, 
regardless of whether the actual number of DAS used during the trip is 
less than 10. Trips that exceed 10 DAS will be counted as actual time.
    (e) Possession limit increase. The Regional Administrator may 
increase the sea scallop possession limit specified under paragraph 
(c)(6) of this section for a vessel that has declared a fishing trip 
into the Georges Bank Sea Scallop Exemption Program and on which a NMFS 
approved sea sampler or observer is on board the vessel, or on which a 
NMFS approved research project is being conducted. Notification of this 
increase of the possession limit will be provided to the vessel with the 
observer selection notification. The amount of the possession limit 
increase will be determined by the Regional Administrator and the vessel 
owner will be responsible for paying the cost of the observer and/or 
defraying the cost of the research project, whichever is applicable, 
regardless of whether the vessel lands or sells sea scallops on that 
trip.
    (f) In-season adjustments--(1) Adjustment process for sea scallop 
possession limit and number of trips under the Georges Bank Sea Scallop 
Exemption Program. On or after October 1, 1999, the Regional 
Administrator may adjust the sea scallop possession limit, and/or 
allocate one or more additional trips for full and part-time limited 
access sea scallop vessels that declared into and began a trip under the 
Georges Bank Sea Scallop Exemption Program prior to September 1, 1999. 
Occasional permitted vessels would not be allocated

[[Page 296]]

an additional trip regardless of whether or not they declared or began 
an exempted trip before September 1, 1999.
    (2) Termination of Georges Bank Sea Scallop Exemption Program 
because of yellowtail flounder bycatch/incidental catch. NMFS shall 
publish notification in the Federal Register that the Georges Bank Sea 
Scallop Exemption Program is terminated as of the date the Regional 
Administrator projects that the 387 mt of yellowtail flounder will be 
caught by vessels fishing in the Georges Bank Sea Scallop Exemption 
Program described in this section.
    (g) Transiting. Limited access sea scallop vessels intending to fish 
for scallops under a scallop DAS that have not declared a trip into the 
Georges Bank Sea Scallop Exemption Program may not enter, fish, or be in 
the area known as the Georges Bank Sea Scallop Exemption Area described 
in paragraph (b) of this section, unless:
    (1) The operator has determined that there is a compelling safety 
reason; and
    (2) The vessel's fishing gear is stowed in accordance with the 
requirements of Sec. 648.81(e).

[64 FR 31149, June 10, 1999]



  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 Administrator 
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 
Administrator 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 Administrator 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 Administrator, 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 Administrator 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 Administrator 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 Administrator. The transfer is not effective 
until the new holder receives a new or revised annual allocation permit 
from the Regional Administrator. 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 297]]

the transferee of written authorization from the Regional Administrator.
    (3) Review. If the Regional Administrator 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 
Administrator 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 Administrator 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 298]]

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 
Administrator 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.2'36" 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'' 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 further 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 northward toward Atlantic Beach 
Light in New York to the limit of the state territorial waters of New 
York; and a line from the 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 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 Administrator 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 Administrator 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

[[Page 299]]

Federal Register. The Regional Administrator shall 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 Administrator 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.
    (d) Areas closed due to the presence of paralytic shellfish 
poisoning toxin--(1) Maine mahogany quahog zone. The Maine mahogany 
quahog zone is closed to fishing for ocean quahogs except in those areas 
of the zone that are tested by the State of Maine and deemed to be 
within the requirements of the National Shellfish Sanitation Program and 
adopted by the Interstate Shellfish Sanitation Conference as acceptable 
limits for the toxin responsible for paralytic shellfish poisoning. 
Harvesting is allowed in such areas during the periods specified by the 
Maine Department of Marine Resources during which quahogs are safe for 
human consumption. For information regarding these areas contact the 
State of Maine Division of Marine Resources at (207-624-6550).
    (2) [Reserved]

[61 FR 34968, July 3, 1996, as amended at 62 FR 14649, Mar. 27, 1997; 62 
FR 37156, July 11, 1997; 63 FR 27485, May 19, 1998]



Sec. 648.74  Shucking at sea.

    (a) Observers. (1) The Regional Administrator 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 
Administrator 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 Administrator 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 Administrator 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 Administrator 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 
Administrator may publish final notification in the Federal Register 
specifying the conversion factor.
    (3) If the Regional Administrator 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.

    Except as provided in Sec. 648.76, the following cage identification 
requirements apply to all vessels issued a Federal fishing permit for 
surf clams and ocean quahogs:
    (a) Tagging. Before offloading, all cages that contain surf clams or 
ocean quahogs must be tagged with tags acquired annually under paragraph 
(b) of

[[Page 300]]

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 Administrator.
    (b) Issuance. The Regional Administrator 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 Administrator, if possible.
    (e) Loss. Loss or theft of tags must be reported by the owner, 
numerically identifying the tags to the Regional Administrator by 
telephone as soon as the loss or theft is discovered and in writing 
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 
Administrator 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 Administrator or a vendor with a written authorization from the 
Regional Administrator.
    (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).

[61 FR 34968, July 3, 1996, as amended at 63 FR 27485, May 19, 1998]



Sec. 648.76  Maine mahogany quahog zone.

    (a) Landing requirements. (1) A vessel issued a valid Maine mahogany 
quahog permit pursuant to Sec. 648.4(a)(4)(i), and fishing for or 
possessing ocean quahogs within the Maine mahogany quahog zone, must 
land its catch in the State of Maine.
    (2) A vessel fishing under an individual allocation permit, 
regardless of whether it has a Maine mahogany quahog permit, fishing for 
or possessing ocean quahogs within the zone, may land its catch in the 
State of Maine, or, consistent with applicable state law in any other 
state that utilizes food safety-based procedures including sampling and 
analyzing for PSP toxin consistent with those food safety-based 
procedures used by the State of Maine for such purpose, and must comply 
with all requirements in Secs. 648.70 and 648.75. Documentation required 
by the state and other laws and regulations applicable to food safety-
based procedures must be made available by federally-permitted dealers 
for inspection by NMFS .
    (b) Quota monitoring and closures--(1) Catch quota. (i) The annual 
quota for harvest of mahogany quahogs from within the Maine mahogany 
quahog zone is 100,000 Maine bushels (35,150 hL). The quota may be 
revised annually within the range of 17,000 and 100,000 Maine bushels 
(5,975 and 35,150 hL) following the procedures set forth in Sec. 648.71.
    (ii) All mahogany quahogs landed for sale in Maine by vessels issued 
a Maine mahogany quahog permit and not fishing for an individual 
allocation of ocean quahogs under Sec. 648.70 shall be applied against 
the Maine mahogany quahog quota, regardless of where the mahogany 
quahogs are harvested.
    (iii) All mahogany quahogs landed by vessels fishing in the Maine 
mahogany quahog zone for an individual allocation of quahogs under 
Sec. 648.70 will be

[[Page 301]]

counted against the ocean quahog allocation for which the vessel is 
fishing.
    (iv) The Regional Administrator will monitor the quota based on 
dealer reports and other available information and shall determine the 
date when the quota will be harvested. NMFS shall publish notification 
in the Federal Register advising the public that, effective upon a 
specific date, the Maine mahogany quahog quota has been harvested and 
notifying vessel and dealer permit holders that no Maine mahogany quahog 
quota is available for the remainder of the year.
    (2) Maine Mahogany Quahog Advisory Panel. The Council shall 
establish a Maine Mahogany Quahog Advisory Panel consisting of 
representatives of harvesters, dealers, and the Maine Department of 
Marine Resources. The Advisory Panel shall make recommendations, through 
the Surf Clam and Ocean Quahog Committee of the Council, regarding 
revisions to the annual quota and other management measures.

[63 FR 27485, May 19, 1998]



     Subpart F--Management Measures for the NE Multispecies Fishery



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

    Except as provided in Sec. 648.17, all vessels 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 Administrator 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) (i) and (iii) of this section, and unless otherwise 
restricted under paragraph (a)(2)(ii) 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) diamond mesh or 6.5-inch (16.51 cm) square mesh throughout 
the entire net, or any combination thereof, provided the vessel complies 
with the requirements of paragraph (a)(2)(iv) of this section. This 
restriction does not apply to nets or pieces of nets smaller

[[Page 302]]

than 3 ft (0.9 m)  x  3 ft (0.9 m), (9 sq ft (0.81 sq m)), 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 restrictions and exemptions. Vessels are prohibited from 
fishing in the GOM/GB Regulated Mesh Area except if fishing with 
exempted gear (as defined under this part) or under the exemptions 
specified in paragraphs (a)(3), (a)(4), (a)(6), (a)(8) through (13), 
(d), (e), (h), and (i) of this section, if fishing under a NE 
multispecies DAS, if fishing under the small vessel exemption specified 
in Sec. 648.82((b)(3), if fishing under the scallop state waters 
exemptions specified in Sec. 648.54 and (a)(10) of this section, or if 
fishing pursuant to a NE multispecies open access Charter/Party or 
Handgear permit. Any gear on a vessel, or used by a vessel, in this area 
must be authorized under one of these exemptions or must be stowed as 
specified in Sec. 648.81(e).
    (iv) Rockhopper and roller gear restrictions. For all trawl vessels 
fishing in the GOM/GB Inshore Restricted Roller Gear Area, the diameter 
of any part of the trawl footrope, including discs, rollers, or 
rockhoppers must not exceed 12 inches (30.48 cm). The GOM/GB Inshore 
Restricted Roller Gear Area is defined by straight lines connecting the 
following points in the order stated:

                   Inshore Restricted Roller Gear Area
------------------------------------------------------------------------
                       Point                         N. lat.    W. long.
------------------------------------------------------------------------
GM1...............................................  42 deg.00      (\1\)
                                                            '
GM2...............................................  42 deg.00      (\2\)
                                                            '
GM3...............................................  42 deg.00      (\3\)
                                                            '
GM23..............................................  42 deg.00  69 deg.50
                                                            '          '
GM24..............................................  43 deg.00  69 deg.50
                                                            '          '
GM11..............................................  43 deg.00  70 deg.00
                                                            '          '
GM17..............................................  43 deg.30  70 deg.00
                                                            '          '
GM18..............................................  43 deg.30      (\4\)
                                                            '
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ Maine shoreline.

    (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 Administrator 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 an amount equal to the total weight of 
shrimp landed; and American lobster--up to 10 percent, by weight, of all 
other species

[[Page 303]]

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 grate. (Copies of a schematic example of a 
properly configured and installed FED are available from the Regional 
Administrator upon request.)
    (iii) Time restrictions. A vessel may only fish under this exemption 
during the northern shrimp season, as established by the Commission and 
announced in the Commission's letter to participants.
    (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 Administrator 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 Administrator 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 incidental species: Herring; longhorn sculpin; squid; 
butterfish; mackerel; monkfish and monkfish parts, dogfish, and red 
hake--up to 10 percent each, 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 Administrator 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 
Administrator

[[Page 304]]

following the procedures specified in Sec. 648.90 of this part.
    (5) [Reserved]
    (6) Transiting. (i) Vessels fishing in the Small Mesh Northern 
Shrimp Fishery or the Small Mesh Area 1/Small Mesh Area 2 fishery, as 
specified in paragraphs (a)(3) and (a)(8) of this section, may transit 
through the Small Mesh Northern Shrimp Fishery Exemption Area as 
specified in paragraph (a)(3) of this section with nets of mesh size 
smaller than the minimum mesh size specified in paragraph (a)(2) of this 
section, provided that the nets are stowed and not available for 
immediate use 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 Administrator 
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 Administrator, 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 Administrator may take into 
consideration factors such as, but not limited to, juvenile mortality. A 
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 Administrator 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 Administrator, 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 
Administrator to determine, without public comment, percentage catch of 
regulated species.
    (iii) The Regional Administrator 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) Bycatch in 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.

[[Page 305]]

    (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 (b) of 
this section of 10 percent, by weight, of all other species on board.
    (8) Small Mesh Area 1/Small Mesh Area 2. (i) Unless otherwise 
prohibited in Sec. 648.81, 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, provided 
the vessel complies with the requirements of paragraph (a)(3)(ii) or 
(a)(8)(ii) of this section, from July 15 through November 15 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 allowable incidental species (bycatch as the 
term is used elsewhere in this part), with the restrictions noted: 
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 chart depicting 
these areas are available from the Regional Administrator upon request 
(see Table 1 to Sec. 600.502 of this chapter)):

                            Small Mesh Area 1
------------------------------------------------------------------------
                       Point                         N. lat.    W. long.
------------------------------------------------------------------------
SM1...............................................  43 deg.03  70 deg.27
                                                            '          '
SM2...............................................  42 deg.57  70 deg.22
                                                            '          '
SM3...............................................  42 deg.47  70 deg.32
                                                            '          '
SM4...............................................  42 deg.45  70 deg.29
                                                            '          '
SM5...............................................  42 deg.43  70 deg.32
                                                            '          '
SM6...............................................  42 deg.44  70 deg.39
                                                            '          '
SM7...............................................  42 deg.49  70 deg.43
                                                            '          '
SM8...............................................  42 deg.50  70 deg.41
                                                            '          '
SM9...............................................  42 deg.53  70 deg.43
                                                            '          '
SM10..............................................  42 deg.55  70 deg.40
                                                            '          '
SM11..............................................  42 deg.59  70 deg.32
                                                            '          '
SM1...............................................  43 deg.03  70 deg.27
                                                            '          '
------------------------------------------------------------------------


                            Small Mesh Area 2
------------------------------------------------------------------------
                      Point                         N. lat.    W. long.
------------------------------------------------------------------------
SM13............................................  43 deg.05.  69 deg.55.
                                                          6'          0'
SM14............................................  43 deg.10.  69 deg.43.
                                                          1'          3'
SM15............................................  42 deg.49.  69 deg.40.
                                                          5'          0'
SM16............................................  42 deg.41.  69 deg.40.
                                                          5'          0'
SM17............................................  42 deg.36.  69 deg.55.
                                                          6'          0'
SM13............................................  43 deg.05.  69 deg.55.
                                                          6'          0'
------------------------------------------------------------------------

    (ii) Raised footrope trawl. Vessels fishing with trawl gear must 
configure it in such a way that, when towed, the gear is not in contact 
with the ocean bottom. Vessels are presumed to be fishing in such a 
manner if their trawl gear is designed as specified in paragraphs 
(a)(8)(ii) (A) through (D) of this section and is towed so that it does 
not come into contact with the ocean bottom:
    (A) Eight inch (20.3 cm) diameter floats must be attached to the 
entire length of the headrope with a maximum spacing of 4 feet (12.2 cm) 
between floats;
    (B) The ground gear must all be bare wire not larger than \1/2\-inch 
(1.2 cm) for the top leg, not larger than \5/8\-inch (1.6 cm) for the 
bottom leg, and not larger than \3/4\-inch (1.9 cm) for the ground 
cables. The top and bottom legs must be equal in length with no 
extensions. The total length of ground cables and legs must not be 
greater than 40 fathoms from the doors to wingends;
    (C) The footrope must be at least 20 feet (6.1 m) longer than the 
length of the headrope; and
    (D) The sweep must be rigged so it is behind and below the footrope, 
and the footrope is off the bottom. This is accomplished by having the 
sweep longer than the footrope and having long dropper chains attaching 
the sweep to the footrope at regular intervals. The forward end of the 
sweep and footrope must be connected to the bottom leg at the same 
point. This attachment, in conjunction with the headrope flotation, 
keeps the footrope off the bottom. The sweep and its rigging must be 
made entirely of \5/16\ inch (0.8 cm) diameter bare chain. No wrapping 
or

[[Page 306]]

cookies are allowed on the chain. The total length of the sweep must be 
at least 7 feet (2.1 m) longer than the total length of the footrope, or 
3.5 feet (1.1 m) longer on each side. Drop chains must connect the 
footrope to the sweep chain, and the length of each drop chain must be 
at least 42 inches (106.7 cm). One drop chain must be hung from the 
center of the footrope to the center of the sweep, and one drop chain 
must be hung from each corner (the quarter or the junction of the bottom 
wing to the belly at the footrope). The attachment points of each drop 
chain on the sweep and the footrope must be the same distance from the 
center drop chain attachments. Drop chains must be hung at 8-foot (2.4-
m) intervals from the corners toward the wing ends. The distance of the 
drop chain that is nearest the wing end to the end of the footrope may 
differ from net to net. However, the sweep must be at least 3.5 feet 
(1.1 m) longer than the footrope between the drop chain closest to the 
wing ends and the end of the sweep that attaches to the wing end.
    (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 Administrator 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 Administrator 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 Administrator.
    (ii) Sea sampling. The Regional Administrator 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.
    (10) Scallop Dredge Fishery Exemption within the Gulf of Maine (GOM) 
Small Mesh Northern Shrimp Fishery Exemption Area. Unless otherwise 
prohibited in Sec. 648.81, 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 issued a general 
scallop permit, may fish in the GOM Small Mesh Northern Shrimp Fishery 
Exemption Area when not under a NE multispecies DAS providing the vessel 
complies with the requirements specified in paragraph (a)(10)(i) of this 
section. The GOM Scallop Dredge Fishery

[[Page 307]]

Exemption Area is the same as the area defined in paragraph (a)(3) of 
this section and designated as the Small Mesh Northern Shrimp Fishery 
Exemption Area.
    (i) Requirements. (A) A vessel fishing in the GOM Scallop Dredge 
Fishery Exemption Area specified in paragraph (a)(10) of this section, 
may not fish for, possess on board, or land any species of fish other 
than Atlantic sea scallops.
    (B) The combined dredge width in use by or in possession on board 
vessels fishing in the GOM Scallop Dredge Fishery Exemption Area shall 
not exceed 10.5 ft (3.2 m) measured at the widest point in the bail of 
the dredge.
    (C) The exemption does not apply to the Western GOM Area Closure 
specified in Sec. 648.81(i).
    (ii) [Reserved]
    (11) Nantucket Shoals Mussel and Sea Urchin Dredge Exemption Area. A 
vessel may fish with a dredge in the Nantucket Shoals Mussel and Sea 
Urchin Dredge Exemption Area, provided that any dredge on board the 
vessel does not exceed 8 ft (2.44 m) measured at the widest point in the 
bail of the dredge, and the vessel does not fish for, harvest, possess, 
or land any species of fish other than mussels and sea urchins. The area 
coordinates of the Nantucket Shoals Mussel and Sea Urchin Dredge 
Exemption Area are the same coordinates as those of the Nantucket Shoals 
Dogfish Fishery Exemption Area specified under paragraph (a)(9) of this 
section.
    (12) GOM/GB Monkfish Gillnet Exemption. Unless otherwise prohibited 
in Sec. 648.81, a vessel may fish with gillnets in the GOM/GB Dogfish 
and Monkfish Gillnet Fishery Exemption Area when not under a NE 
multispecies DAS if the vessel complies with the requirements specified 
in paragraph (a)(12)(i) of this section. The GOM/GB Dogfish and Monkfish 
Gillnet Fishery Exemption Area is defined by straight lines connecting 
the following points in the order stated:

------------------------------------------------------------------------
                           N. lat.                              W. long.
------------------------------------------------------------------------
41 deg.35"...................................................  70 deg.00
                                                                       '
42 deg.49.5".................................................  70 deg.00
                                                                       '
42 deg.49.5".................................................  69 deg.40
                                                                       '
43 deg.12"...................................................  69 deg.00
                                                                       '
(\1\)........................................................  69 deg.00
                                                                       '
------------------------------------------------------------------------
\1\ Due north to Maine shoreline.

    (i) Requirements. (A) A vessel fishing under this exemption may not 
fish for, possess on board, or land any species of fish other than 
monkfish, or lobsters in an amount not to exceed 10 percent by weight of 
the total catch on board, or 200 lobsters (whichever is less).
    (B) All gillnets must have a minimum mesh size of 10 inches (25.4 
cm) diamond mesh throughout the net.
    (C) Fishing is confined to July 1 through September 14.
    (ii) [Reserved]
    (13) GOM/GB Dogfish Gillnet Exemption. Unless otherwise prohibited 
in Sec. 648.81, a vessel may fish with gillnets in the GOM/GB Dogfish 
and Monkfish Gillnet Fishery Exemption Area when not under a NE 
multispecies DAS if the vessel complies with the requirements specified 
in paragraph (a)(13)(i) of this section. The area coordinates of the 
GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area are specified 
in paragraph (a)(12) of this section.
    (i) Requirements. (A) A vessel fishing under this exemption may not 
fish for, possess on board, or land any species of fish other than 
dogfish, or lobsters in an amount not to exceed 10 percent by weight of 
the total catch on board, or 200 lobsters (whichever is less).
    (B) All gillnets must have a minimum mesh size of 6.5 inches (16.5 
cm) diamond mesh throughout the net.
    (C) Fishing is confined to July 1 through August 31.
    (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 Administrator 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 308]]

 
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) (i) and (iii) 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 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) diamond mesh or 6.5-inch (16.51-cm) square mesh throughout 
the entire net, or any combination thereof. This minimum mesh size 
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 restrictions and exemptions. Vessels are prohibited from 
fishing in the SNE Regulated Mesh Area except if fishing with exempted 
gear (as defined under this part) or under the exemptions specified in 
paragraphs (b)(3), (b)(5) through (8), (c), (e), (h), and (i) of this 
section, if fishing under a NE multispecies DAS, if fishing under the 
small vessel exemption specified in Sec. 648.82(b)(3), if fishing under 
the scallop state waters exemption specified in Sec. 648.54, or if 
fishing pursuant to a NE multispecies open access Charter/Party or 
Handgear permit. Any gear on a vessel, or used by a vessel, in this area 
must be authorized under one of these exemptions or must be stowed as 
specified in Sec. 648.81(e).
    (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 
(trawl only), herring, mackerel, ocean pout, scup, shrimp, squid, summer 
flounder, silver hake, and weakfish with nets of 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 309]]

    (5) SNE Monkfish and Skate Trawl Exemption Area. A vessel may fish 
with trawl gear in the SNE Monkfish and Skate Trawl Fishery Exemption 
Area when not operating under a NE multispecies DAS if the vessel 
complies with the requirements specified in paragraph (b)(5)(i) of this 
section. The SNE Monkfish and Skate Trawl Fishery Exemption Area is 
defined as the area bounded on the north by a line extending eastward 
along 40 deg.10' N. lat., and bounded on the west by the eastern 
boundary of the Mid-Atlantic Regulated Mesh Area.
    (i) Requirements. (A) A vessel fishing under this exemption may only 
fish for, possess on board, or land monkfish, skates, and the bycatch 
species and amounts specified in paragraph (b)(3) of this section.
    (B) All trawl nets must have a minimum mesh size of 8-inches (20.3-
cm) square or diamond mesh throughout the codend for at least 45 
continuous meshes forward of the terminus of the net.
    (6) SNE Monkfish and Skate Gillnet Exemption Area. A vessel may fish 
with gillnet gear in the SNE Monkfish and Skate Gillnet Fishery 
Exemption Area when not operating under a NE multispecies DAS if the 
vessel complies with the requirements specified in paragraph (b)(6)(i) 
of this section. The SNE Monkfish and Skate Gillnet Fishery Exemption 
Area is defined by a line running from the Massachusetts shoreline at 
41 deg.35' N. lat. and 70 deg.00' W. long. south to its intersection 
with the outer boundary of the EEZ, southwesterly along the outer 
boundary of the EEZ, and bounded on the west by the eastern boundary of 
the Mid-Atlantic Regulated Mesh Area.
    (i) Requirements. (A) A vessel fishing under this exemption may only 
fish for, possess on board, or land monkfish, skates, and the bycatch 
species and amounts specified in paragraph (b)(3) of this section.
    (B) All gillnets must have a minimum mesh size of 10 inch (25.4 cm) 
diamond mesh throughout the net.
    (C) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (b)(6)(i)(B) of this section must be stowed as 
specified in Sec. 648.81(e)(4).
    (7) SNE Dogfish Gillnet Exemption Area. A gillnet vessel may fish in 
the SNE Dogfish Gillnet Fishery Exemption Area when not operating under 
a NE multispecies DAS if the vessel complies with the requirements 
specified in paragraph (b)(7)(i) of this section. The SNE Dogfish 
Gillnet Fishery Exemption Area is defined by a line running from the 
Massachusetts shoreline at 41 deg.35' N. lat. and 70 deg.00' W. long. 
south to its intersection with the outer boundary of the EEZ, 
southwesterly along the outer boundary of the EEZ, and bounded on the 
west by the eastern boundary of the Mid-Atlantic Regulated Mesh Area.
    (i) Requirements. (A) A vessel fishing under this exemption may only 
fish for, possess on board, or land dogfish and the bycatch species and 
amounts specified in paragraph (b)(3) of this section.
    (B) All gillnets must have a minimum mesh size of 6-inches (15.24-
cm) diamond mesh throughout the net.
    (C) Fishing is confined to May 1 through October 31.
    (8) SNE Mussel and Sea Urchin Dredge Exemption. A vessel may fish 
with a dredge in the SNE Regulated Mesh Area, provided that any dredge 
on board the vessel does not exceed 8 ft (2.44 m) measured at the widest 
point in the bail of the dredge, and the vessel does not fish for, 
harvest, possess, or land any species of fish other than mussels and sea 
urchins.
    (9) SNE Little Tunny Gillnet Exemption Area. A vessel may fish with 
gillnet gear in the SNE Little Tunny Gillnet Exemption Area when not 
operating under a NE multispecies DAS with mesh size smaller than the 
minimum required in the SNE Regulated Mesh Area, if the vessel complies 
with the requirements specified in paragraph (b)(9)(i) of this section. 
The SNE Little Tunny Gillnet Exemption Area is defined by a line running 
from the Rhode Island shoreline at 41 deg.18.2' N. lat. and 71 deg.51.5' 
W. long. (Watch Hill, RI) southwesterly through Fishers Island, NY; to 
Race Point, Fishers Island, NY; and from Race Point, Fishers Island, NY, 
southeasterly to 41 deg.06.5' N. lat. and 71 deg.50.2' W. long.; east 
northeast through Block Island, RI, to 41 deg.15' N. lat. and

[[Page 310]]

71 deg.07' W. long.; then due north to the intersection of the RI-MA 
shoreline.
    (i) Requirements. (A) A vessel fishing under this exemption may fish 
only for, possess on board, or land little tunny and the allowable 
incidental species and amounts specified in paragraph (b)(3) and, if 
applicable, paragraph (b)(9)(i)(B) of this section. Vessels fishing 
under this exemption may not possess regulated species.
    (B) A vessel may possess bonito as an allowable incidental species 
provided an exempted fishing permit is obtained from the Highly 
Migratory Species Division (HMS), Office of Sustainable Fisheries, NMFS, 
Gloucester, Massachusetts. The HMS reserves the authority to cap the 
number of participants who retain bonito as allowable incidental species 
should conservation and/or protected resource concerns develop.
    (C) The vessel must have a letter of authorization issued by the 
Regional Administrator on board.
    (D) All gillnets must have a minimum mesh size of 5.5 inch (13.97 
cm) diamond mesh throughout the net.
    (E) All nets with a mesh size smaller than the minimum mesh size 
specified in paragraph (b)(9)(i)(D) of this section must be stowed in 
accordance with one of the methods described under Sec. 648.81(e) while 
fishing under this exemption.
    (F) Fishing is confined to September 1 through October 31.
    (ii) The Regional Adminstrator shall conduct periodic sea sampling 
to evaluate the likelihood of gear interactions with protected 
resources.
    (c) Mid-Atlantic regulated mesh area. (1) Area definition. The Mid-
Atlantic Regulated Mesh Area is that area bounded on the east by a line 
running from the Rhode Island shoreline at 41 deg.18.2' N. lat. and 
71 deg.51.5' W. long. (Watch Hill, RI) southwesterly through Fishers 
Island, NY, to Race Point, Fishers Island, NY, and from Race Point, 
Fishers Island, NY, southeasterly to the intersection of the 3-nautical 
mile line east of Montauk Point, southwesterly along the 3-nautical mile 
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 
paragraph (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 
in use or available 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 by Sec. 648.104(a). 
This restriction does not apply to vessels that have not been issued a 
NE 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 Administrator 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.

[[Page 311]]

    (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 Regulated Mesh 
Area, and in the area described in Sec. 648.81(c)(1), the vessel has on 
board a letter of authorization issued by the Regional Administrator, 
and complies with all restrictions and conditions thereof;
    (3) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, or mackerel in areas north of 42 deg.20' N. 
lat. and in the areas described in Sec. 648.81(a)(1), (b)(1), and 
(c)(1); and Atlantic herring, blueback herring, mackerel, or squid in 
all other areas south of 42 deg.20' N. lat.;
    (4) The vessel does not fish for, possess, or land NE multispecies; 
and
    (5) The vessel must carry a NMFS-approved sea sampler/observer, if 
requested by the regional Administrator.
    (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 Regulated Mesh 
Area, the vessel has on board a letter of authorization issued by the 
Regional Administrator;
    (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 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

[[Page 312]]

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 and in Sec. 648.58(c)(6)(ii), 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 per trip, provided that the amount of cod on board does not 
exceed the daily cod limit specified in Sec. 648.86(b), up to a maximum 
of 300 lb (136.1 kg) of cod for the entire trip, and provided the vessel 
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, unless 
otherwise restricted by Sec. 648.86(b). 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 
Administrator 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 Administrator, to 
participate in the exemption program described by this section.
    (5) The vessel does not enter or transit the EEZ.
    (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)(i), (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.

[61 FR 34968, July 3, 1996, as amended at 61 FR 54106, Oct. 17, 1996; 61 
FR 55777, Oct. 29, 1996; 61 FR 68165, Dec. 27, 1996; 62 FR 8406, Feb. 
25, 1997; 62 FR 14649, Mar. 27, 1997; 62 FR 15387, Apr. 1, 1997; 62 FR 
49149, Sept. 19, 1997; 63 FR 7730, Feb. 17, 1998; 63 FR 11595, Mar. 10, 
1998; 63 FR 15330, Mar. 31, 1998; 63 FR 25416, May 8, 1998; 63 FR 40377, 
July 29, 1998; 63 FR 42592, Aug. 10, 1998; 63 FR 45966, Aug. 28, 1998; 
64 FR 24073, May 5, 1999; 64 FR 31151, June 10, 1999; 64 FR 42048, Aug. 
3, 1999]



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 
Administrator 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'

[[Page 313]]

 
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, provided that 
there is no retention of regulated species and no other gear on board 
capable of catching NE multispecies; or
    (ii) Fishing with or using pelagic longline gear or pelagic hook and 
line 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; or
    (iii) Fishing with pelagic midwater trawl gear, consistent with 
Sec. 648.80(d), provided that the Regional Administrator shall review 
information pertaining to the bycatch of regulated multispecies, and, if 
the Regional Administrator determines, on the basis of sea sampling data 
or other credible information for this fishery, that the bycatch of 
regulated multispecies exceeds, or is likely to exceed, 1 percent of 
herring and mackerel harvested, by weight, in the fishery or by any 
individual fishing operation, the Regional Administrator may place 
restrictions and conditions in the letter of authorization for any or 
all individual fishing operations or, after consulting with the Council, 
suspend or prohibit any or all midwater trawl activities in the closed 
areas.
    (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 are available from the Regional 
Administrator 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, or unless exempt under the Georges Bank Sea 
Scallop Exemption Program specified under Sec. 648.58 during the time 
and in the portion of Closed Area II described in Sec. 648.58(b):

                             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 described in 
paragraph (a)(2) of this section, or that are transiting 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 Administrator 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'
------------------------------------------------------------------------

    (2) Paragraph (c)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels--
    (i) Fishing with gears as described in paragraph (a)(2) of this 
section;
    (ii) Fishing with or using dredge gear designed and used to take 
surf clams or ocean quahogs, provided that there is no retention of 
regulated species and 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

[[Page 314]]

issued by the Regional Administrator 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) Transiting. Vessels may transit Closed Area I, the Nantucket 
Lightship Closed Area, the GOM Rolling Closure Areas, the Cashes Ledge 
Closure Area, and the Western GOM Closure Area, as defined in paragraphs 
(a)(1), (c)(1), (f)(1), (g)(1), (h)(1), and (i)(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.
    (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) [Reserved]
    (g) GOM Rolling Closure Areas. (1) No fishing vessel or person on a 
fishing vessel may enter, fish in, or be in, and no fishing gear capable 
of catching NE multispecies, unless otherwise allowed in this part, may 
be in, or on board a vessel in, GOM Rolling Closure Areas I through V, 
as described in paragraphs (g)(1) (i) through (v) of this section, for 
the times specified in paragraphs (g)(1) (i) through (v) of this 
section, except as specified in paragraphs (d), and (g)(2) of this 
section. A chart depicting these areas is available from the Regional 
Administrator upon request (see Table 1 to Sec. 600.502 of this 
chapter)).
    (i) Rolling Closure Area I. From March 1 through March 31, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Rolling Closure Area I, which is the area bounded by straight lines 
connecting the following points in the order stated:

                         Rolling Closure Area I
                           (March 1-March 31)
------------------------------------------------------------------------
                       Point                         N. lat.    W. long.
------------------------------------------------------------------------
GM1...............................................  42 deg.00      (\1\)
                                                            '
GM2...............................................  42 deg.00      (\2\)
                                                            '
GM3...............................................  42 deg.00      (\3\)
                                                            '
GM5...............................................  42 deg.00  68 deg.30
                                                            '          '
GM6...............................................  42 deg.30  68 deg.30
                                                            '          '
GM9...............................................  42 deg.30      (\1\)
                                                            '
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.

    (ii) Rolling Closure Area II. From April 1 through April 30, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Rolling Closure Area II, which is the area bounded by straight lines 
connecting the following points in the order stated:

                         Rolling Closure Area II
                           [April 1-April 30]
------------------------------------------------------------------------
                       Point                         N. lat.    W. long.
------------------------------------------------------------------------
GM1...............................................  42 deg.00      (\1\)
                                                            '
GM2...............................................  42 deg.00      (\2\)
                                                            '
GM3...............................................  42 deg.00      (\3\)
                                                            '
GM5...............................................  42 deg.00  68 deg.30
                                                            '          '
GM13..............................................  43 deg.00  68 deg.30
                                                            '          '
GM10..............................................  43 deg.00      (\4\)
                                                            '
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ New Hampshire shoreline.

    (iii) Rolling Closure Area III. From May 1 through May 31, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Rolling Closure Area III, which is the area bounded by straight lines 
connecting the following points in the order stated:

                        Rolling Closure Area III
                             [May 1-May 31]
------------------------------------------------------------------------
                       Point                         N. lat.    W. long.
------------------------------------------------------------------------
GM9...............................................  42 deg.30      (\1\)
                                                            '
GM6...............................................  42 deg.30  68 deg.30
                                                            '          '
GM14..............................................  43 deg.30  68 deg.30
                                                            '          '
GM18..............................................  43 deg.30      (\2\)
                                                            '
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Maine shoreline.


[[Page 315]]

    (iv) Rolling Closure Area IV. From June 1 through June 30, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Rolling Closure Area IV, which is the area bounded by straight lines 
connecting the following points in the order stated:

                         Rolling Closure Area IV
                            [June 1-June 30]
------------------------------------------------------------------------
                       Point                         N. lat.    W. long.
------------------------------------------------------------------------
GM10..............................................  43 deg.00      (\1\)
                                                            '
GM11..............................................  43 deg.00  70 deg.00
                                                            '          '
GM17..............................................  43 deg.30  70 deg.00
                                                            '          '
GM19..............................................  43 deg.30  67 deg.32
                                                            '     .0' or
                                                                   (\2\)
GM20..............................................  44 deg.00  67 deg.21
                                                            '     .0' or
                                                                   (\2\)
GM21..............................................  44 deg.00  69 deg.00
                                                            '          '
GM22..............................................      (\3\)  69 deg.00
                                                                       '
------------------------------------------------------------------------
\1\ New Hampshire shoreline.
\2\ U.S.-Canada maritime boundary.
\3\ Maine shoreline.

    (v) Rolling Closure Area V. From October 1 through November 30, the 
restrictions specified in paragraph (g)(1) of this section apply to 
Rolling Closure Area V, which is the area bounded by straight lines 
connecting the following points in the order stated:

                         Rolling Closure Area V
                         [October 1-November 30]
------------------------------------------------------------------------
               Point                     N. lat.            W. long.
------------------------------------------------------------------------
GM1...............................  42 deg.00'           (\1\)
GM2...............................  42 deg.00'           (\2\)
GM3...............................  42 deg.00'           (\3\)
GM4...............................  42 deg.00'         70 deg.00'
GM8...............................  42 deg.30'         70 deg.00'
GM9...............................  42 deg.30'           (\1\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.

    (2) Paragraph (g)(1) of this section does not apply to persons 
aboard 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, subject to the restrictions on midwater trawl gear in 
paragraph (a)(2)(iii) of this section, and excluding pelagic gillnet 
gear capable of catching multispecies, except for vessels fishing with a 
single pelagic gillnet, not longer than 300 ft (91.44 m) and not greater 
than 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches (7.62 cm), 
provided:
    (A) The net is attached to the boat and fished in the upper two-
thirds of the water column;
    (B) The net is marked with the owner's name and vessel 
identification number;
    (C) There is no retention of regulated species; and
    (D) There is no other gear on board capable of catching NE 
multispecies;
    (iii) That are classified as charter, party, or recreational; or
    (iv) That are fishing with or using scallop dredge gear when fishing 
under a scallop DAS or when lawfully fishing in the Scallop Dredge 
Fishery Exemption Area as described in Sec. 648.80(a)(10), provided the 
vessel does not retain any regulated multispecies during a trip, or on 
any part of a trip.
    (h) Cashes Ledge Closure Area. (1) From July 1 through October 31, 
no fishing vessel or person on a fishing vessel may enter, fish in, or 
be in, and no fishing gear capable of catching NE multispecies, unless 
otherwise allowed in this part, may be in, or on board a vessel in, the 
area known as the Cashes Ledge Closure Area, 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:

                        Cashes Ledge Closure Area
                           [July 1-October 31]
------------------------------------------------------------------------
                       Point                         N. lat.    W. long.
------------------------------------------------------------------------
CL1...............................................  43 deg.07  69 deg.02
                                                            '          '
CL2...............................................  42 deg.49  68 deg.46
                                                          .5'          '
CL3...............................................  42 deg.46  68 deg.50
                                                          .5'        .5'
CL4...............................................  42 deg.43  68 deg.58
                                                          .5'        .5'
CL5...............................................  42 deg.42  69 deg.17
                                                          .5'        .5'
CL6...............................................  42 deg.49  69 deg.26
                                                          .5'          '
CL1...............................................  43 deg.07  69 deg.02
                                                            '          '
------------------------------------------------------------------------

    (i) A chart depicting this area is available from the Regional 
Administrator upon request (see Table 1 to Sec. 600.502 of this 
chapter)).
    (ii) [Reserved]
    (2) Paragraph (h)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels:
    (i) That meet the criteria in paragraph (g)(2)(ii), (iii), or (iv) 
of this section.
    (ii) [Reserved]
    (i) Western GOM Area Closure. (1) From May 1, 1998, through April 
30, 2001, no fishing vessel or person on a

[[Page 316]]

fishing vessel may enter, fish in, or be in, and no fishing gear capable 
of catching multispecies, unless otherwise allowed in this part, may be 
in, or on board a vessel in, the area known as the Western GOM Area 
Closure (a chart depicting this area is available from the Regional 
Administrator upon request (see Table 1 to Sec. 600.502)), as defined by 
straight lines connecting the following points in the order stated, 
except as specified in paragraphs (d) and (i)(2) of this section:

                        Western GOM Area Closure
------------------------------------------------------------------------
              Point                      N. lat.            W. long.
------------------------------------------------------------------------
WGM1.............................  42 deg.15'          70 deg.15'
WGM2.............................  42 deg.15'          69 deg.55'
WGM3.............................  43 deg.15'          69 deg.55'
WGM4.............................  43 deg.15'          70 deg.15'
WGM1.............................  42 deg.15'          70 deg.15'
------------------------------------------------------------------------

    (2) Paragraph (i)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraph 
(g)(2)(ii) or (iii) of this section.
    (j) Restricted Gear Area I. (1) Restricted Gear Area I is defined by 
straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                                 ...................
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 120
  69...........................  40 deg.07.9' N.      68 deg.36.0' W.
  70...........................  40 deg.07.2' N.      68 deg.38.4' W.
  71...........................  40 deg.06.9' N.      68 deg.46.5' W.
  73...........................  40 deg.08.1' N.      68 deg.51.0' W.
  74...........................  40 deg.05.7' N.      68 deg.52.4' W.
  75...........................  40 deg.03.6' N.      68 deg.57.2' W.
  76...........................  40 deg.03.65' N.     69 deg.00.0' W.
  77...........................  40 deg.04.35' N.     69 deg.00.5' W.
  78...........................  40 deg.05.2' N.      69 deg.00.5' W
  79...........................  40 deg.05.3' N.      69 deg.01.1' W.
  80...........................  40 deg.08.9' N.      69 deg.01.75' W.
  81...........................  40 deg.11.0' N.      69 deg.03.8' W.
  82...........................  40 deg.11.6' N.      69 deg.05.4' W.
  83...........................  40 deg.10.25' N.     69 deg.04.4' W.
  84...........................  40 deg.09.75' N.     69 deg.04.15' W.
  85...........................  40 deg.08.45' N.     69 deg.03.6' W.
  86...........................  40 deg.05.65' N.     69 deg.03.55' W.
  87...........................  40 deg.04.1' N.      69 deg.03.9' W.
  88...........................  40 deg.02.65' N.     69 deg.05.6' W.
  89...........................  40 deg.02.00' N.     69 deg.08.35' W.
  90...........................  40 deg.02.65' N.     69 deg.11.15' W.
  91...........................  40 deg.00.05' N.     69 deg.14.6' W.
  92...........................  39 deg.57.8' N.      69 deg.20.35' W.
  93...........................  39 deg.56.65' N.     69 deg.24.4' W.
  94...........................  39 deg.56.1' N.      69 deg.26.35' W.
  95...........................  39 deg.56.55' N.     69 deg.34.1' W.
  96...........................  39 deg.57.85' N.     69 deg.35.5' W.
  97...........................  40 deg.00.65' N.     69 deg.36.5' W.
  98...........................  40 deg.00.9' N.      69 deg.37.3' W.
  99...........................  39 deg.59.15' N.     69 deg.37.3' W.
  100..........................  39 deg.58.8' N.      69 deg.38.45' W.
  102..........................  39 deg.56.2' N.      69 deg.40.2'' W.
  103..........................  39 deg.55.75' N.     69 deg.41.4' W.
  104..........................  39 deg.56.7' N.      69 deg.53.6' W.
  105..........................  39 deg.57.55' N.     69 deg.54.05' W.
  106..........................  39 deg.57.4' N.      69 deg.55.9' W.
  107..........................  39 deg.56.9' N.      69 deg.57.45' W.
  108..........................  39 deg.58.25' N.     70 deg.03.0' W.
  110..........................  39 deg.59.2' N.      70 deg.04.9' W.
  111..........................  40 deg.00.7' N.      70 deg.08.7' W.
  112..........................  40 deg.03.75' N.     70 deg.10.15' W.
  115..........................  40 deg.05.2' N.      70 deg.10.9' W.
  116..........................  40 deg.02.45' N.     70 deg.14.1' W.
  119..........................  40 deg.02.75' N.     70 deg.16.1' W.
to 181                           ...................
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 69
  120..........................  40 deg.06.4' N.      68 deg.35.8' W.
  121..........................  40 deg.05.25' N.     68 deg.39.3' W.
  122..........................  40 deg.05.4' N.      68 deg.44.5' W.
  123..........................  40 deg.06.0' N.      68 deg.46.5' W.
  124..........................  40 deg.07.4' N.      68 deg.49.6' W.
  125..........................  40 deg.05.55' N.     68 deg.49.8' W.
  126..........................  40 deg.03.9' N.      68 deg.51.7' W.
  127..........................  40 deg.02.25' N.     68 deg.55.4' W.
  128..........................  40 deg.02.6' N.      69 deg.00.0' W.
  129..........................  40 deg.02.75' N.     69 deg.00.75' W.
  130..........................  40 deg.04.2' N.      69 deg.01.75' W.
  131..........................  40 deg.06.15' N.     69 deg.01.95' W.
  132..........................  40 deg.07.25' N.     69 deg.02.0' W.
  133..........................  40 deg.08.5' N.      69 deg.02.25' W.
  134..........................  40 deg.09.2' N.      69 deg.02.95' W.
  135..........................  40 deg.09.75' N.     69 deg.03.3' W.
  136..........................  40 deg.09.55' N.     69 deg.03.85' W.
  137..........................  40 deg.08.4' N.      69 deg.03.4' W.
  138..........................  40 deg.07.2' N.      69 deg.03.3' W.
  139..........................  40 deg.06.0' N.      69 deg.03.1' W.
  140..........................  40 deg.05.4' N.      69 deg.03.05' W.
  141..........................  40 deg.04.8' N.      69 deg.03.05' W.
  142..........................  40 deg.03.55' N.     69 deg.03.55' W.
  143..........................  40 deg.01.9' N.      69 deg.03.95' W.
  144..........................  40 deg.01.0' N.      69 deg.04.4' W.
  146..........................  39 deg.59.9' N.      69 deg.06.25' W.
  147..........................  40 deg.00.6' N.      69 deg.10.05' W.
  148..........................  39 deg.59.25' N.     69 deg.11.15' W.
  149..........................  39 deg.57.45' N.     69 deg.16.05' W.
  150..........................  39 deg.56.1' N.      69 deg.20.1' W.
  151..........................  39 deg.54.6' N.      69 deg.25.65' W.
  152..........................  39 deg.54.65' N.     69 deg.26.9' W.
  153..........................  39 deg.54.8' N.      69 deg.30.95' W.
  154..........................  39 deg.54.35' N.     69 deg.33.4' W.
  155..........................  39 deg.55.0' N.      69 deg.34.9' W.
  156..........................  39 deg.56.55' N.     69 deg.36.0' W.
  157..........................  39 deg.57.95' N.     69 deg.36.45' W.
  158..........................  39 deg.58.75' N.     69 deg.36.3' W.
  159..........................  39 deg.58.8' N.      69 deg.36.95' W.
  160..........................  39 deg.57.95' N.     69 deg.38.1' W.
  161..........................  39 deg.54.5' N.      69 deg.38.25' W.
  162..........................  39 deg.53.6' N.      69 deg.46.5' W.
  163..........................  39 deg.54.7' N.      69 deg.50.0' W.
  164..........................  39 deg.55.25' N.     69 deg.51.4' W.
  165..........................  39 deg.55.2' N.      69 deg.53.1' W.
  166..........................  39 deg.54.85' N.     69 deg.53.9' W.
  167..........................  39 deg.55.7' N.      69 deg.54.9' W.
  168..........................  39 deg.56.15' N.     69 deg.55.35' W.
  169..........................  39 deg.56.05' N.     69 deg.56.25' W.
  170..........................  39 deg.55.3' N.      69 deg.57.1' W.
  171..........................  39 deg.54.8' N.      69 deg.58.6' W.
  172..........................  39 deg.56.05' N.     70 deg.00.65' W.
  173..........................  39 deg.55.3' N.      70 deg.02.95' W.
  174..........................  39 deg.56.9' N.      70 deg.11.3' W.
  175..........................  39 deg.58.9' N.      70 deg.11.5' W.
  176..........................  39 deg.59.6' N.      70 deg.11.1' W.

[[Page 317]]

 
  177..........................  40 deg.01.35' N.     70 deg.11.2' W.
  178..........................  40 deg.02.6' N.      70 deg.12.0' W.
  179..........................  40 deg.00.4' N.      70 deg.12.3' W.
  180..........................  39 deg.59.75' N.     70 deg.13.05' W.
  181..........................  39 deg.59.3' N.      70 deg.14.0' W.
to 119
------------------------------------------------------------------------

    (2) Duration. (i) Mobile gear. From October 1 through June 15, no 
fishing vessel with mobile gear or person on a fishing vessel with 
mobile gear may fish, or be in Restricted Gear Area I unless transiting. 
Vessels may transit this area provided that mobile gear is on board the 
vessel while inside the area.
    (ii) Lobster pot gear. From June 16 through September 30, no fishing 
vessel with lobster pot gear or person on a fishing vessel with lobster 
pot gear may fish, and no lobster pot gear may be deployed or remain, in 
Restricted Gear Area I.
    (k) Restricted Gear Area II. (1) Restricted Gear Area II is defined 
by straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                                 ...................
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 1
  49...........................  40 deg.02.75' N.     70 deg.16.1' W.
  50...........................  40 deg.00.7' N.      70 deg.18.6' W.
  51...........................  39 deg.59.8' N.      70 deg.21.75' W.
  52...........................  39 deg.59.75' N.     70 deg.25.5' W.
  53...........................  40 deg.03.85' N.     70 deg.28.75' W.
  54...........................  40 deg.00.55' N.     70 deg.32.1' W.
  55...........................  39 deg.59.15' N.     70 deg.34.45' W.
  56...........................  39 deg.58.9' N.      70 deg.38.65' W.
  57...........................  40 deg.00.1' N.      70 deg.45.1' W.
  58...........................  40 deg.00.5' N.      70 deg.57.6' W.
  59...........................  40 deg.02.0' N.      71 deg.01.3' W.
  60...........................  39 deg.59.3' N.      71 deg.18.4' W.
  61...........................  40 deg.00.7' N.      71 deg.19.8' W.
  62...........................  39 deg.57.5' N.      71 deg.20.6' W.
  63...........................  39 deg.53.1' N.      71 deg.36.1' W.
  64...........................  39 deg.52.6' N.      71 deg.40.35' W.
  65...........................  39 deg.53.1' N.      71 deg.42.7' W.
  66...........................  39 deg.46.95' N.     71 deg.49.0' W.
  67...........................  39 deg.41.15' N.     71 deg.57.1' W.
  68...........................  39 deg.35.45' N.     72 deg.02.0' W.
  69...........................  39 deg.32.65' N.     72 deg.06.1' W.
  70...........................  39 deg.29.75' N.     72 deg.09.8' W.
to 48                            ...................
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 49
  1............................  39 deg.59.3' N.      70 deg.14.0' W.
  2............................  39 deg.58.85' N.     70 deg.15.2' W.
  3............................  39 deg.59.3' N.      70 deg.18.4' W.
  4............................  39 deg.58.1' N.      70 deg.19.4' W.
  5............................  39 deg.57.0' N.      70 deg.19.85' W.
  6............................  39 deg.57.55' N.     70 deg.21.25' W.
  7............................  39 deg.57.5' N.      70 deg.22.8' W.
  8............................  39 deg.57.1' N.      70 deg.25.4' W.
  9............................  39 deg.57.65' N.     70 deg.27.05' W.
  10...........................  39 deg.58.58' N.     70 deg.27.7' W.
  11...........................  40 deg.00.65' N.     70 deg.28.8' W.
  12...........................  40 deg.02.2' N.      70 deg.29.15' W.
  13...........................  40 deg.01.0' N.      70 deg.30.2' W.
  14...........................  39 deg.58.58' N.     70 deg.31.85' W.
  15...........................  39 deg.57.05' N.     70 deg.34.35' W.
  16...........................  39 deg.56.42' N.     70 deg.36.8' W.
  21...........................  39 deg.58.15' N.     70 deg.48.0' W.
  24...........................  39 deg.58.3' N.      70 deg.51.1' W.
  25...........................  39 deg.58.1' N.      70 deg.52.25' W.
  26...........................  39 deg.58.05' N.     70 deg.53.55' W.
  27...........................  39 deg.58.4' N.      70 deg.59.6' W.
  28...........................  39 deg.59.8' N.      71 deg.01.05' W.
  29...........................  39 deg.58.2' N.      71 deg. 05.85' W.
  30...........................  39 deg.57.45' N.     71 deg.12.15' W.
  31...........................  39 deg.57.2' N.      71 deg.15.0' W.
  32...........................  39 deg.56.3' N.      71 deg.18.95' W.
  33...........................  39 deg.51.4' N.      71 deg.36.1' W.
  34...........................  39 deg.51.75' N.     71 deg.41.5' W.
  35...........................  39 deg.50.05' N.     71 deg.42.5' W.
  36...........................  39 deg.50.0' N.      71 deg.45.0' W.
  37...........................  39 deg.48.95' N.     71 deg.46.05' W.
  38...........................  39 deg.46.6' N.      71 deg.46.1' W.
  39...........................  39 deg.43.5' N.      71 deg.49.4' W.
  40...........................  39 deg.41.3' N.      71 deg.55.0' W.
  41...........................  39 deg.39.0' N.      71 deg.55.6' W.
  42...........................  39 deg.36.72' N.     71 deg.58.25' W.
  43...........................  39 deg.35.15' N.     71 deg.58.55' W.
  44...........................  39 deg.34.5' N.      72 deg.00.75' W.
  45...........................  39 deg.32.2' N.      72 deg.02.25' W.
  46...........................  39 deg.32.15' N.     72 deg.04.1' W.
  47...........................  39 deg.28.5' N.      72 deg.06.5' W.
  48...........................  39 deg.29.0' N.      72 deg.09.25' W.
  to 70........................
------------------------------------------------------------------------

    (2) Duration. (i) Mobile Gear. From November 27 through June 15, no 
fishing vessel with mobile gear or person on a fishing vessel with 
mobile gear may fish, or be in Restricted Gear Area II unless 
transiting. Vessels may transit this area provided that all mobile gear 
is on board the vessel while inside the area.
    (ii) Lobster pot gear. From June 16 through November 26, no fishing 
vessel with lobster pot gear or person on a fishing vessel with lobster 
pot gear may fish, and no lobster pot gear may be deployed or remain, in 
Restricted Gear Area II.
    (l) Restricted Gear Area III. (1) Restricted Gear Area III is 
defined by straight lines connecting the following points in the order 
stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                                 ...................
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 49
  182..........................  40 deg.05.6' N.      70 deg.17.7' W.
  183..........................  40 deg.06.5' N.      70 deg.40.05' W.
  184..........................  40 deg.11.05' N.     70 deg.45.8' W.
  185..........................  40 deg.12.75' N.     70 deg.55.05' W.
  186..........................  40 deg.10.7' N.      71 deg.10.25' W.
  187..........................  39 deg.57.9' N.      71 deg.28.7' W.

[[Page 318]]

 
  188..........................  39 deg.55.6' N.      71 deg.41.2' W.
  189..........................  39 deg.55.85' N.     71 deg.45.0' W.
  190..........................  39 deg.53.75' N.     71 deg.52.25' W.
  191..........................  39 deg.47.2' N.      72 deg.01.6' W.
  192..........................  39 deg.33.65' N.     72 deg.15.0' W.
to 70                            ...................
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 182
  49...........................  40 deg.02.75' N.     70 deg.16.1' W.
  50...........................  40 deg.00.7' N.      70 deg.18.6' W.
  51...........................  39 deg.59.8' N.      70 deg.21.75' W.
  52...........................  39 deg.59.75' N.     70 deg.25.5' W.
  53...........................  40 deg.03.85' N.     70 deg.28.75' W.
  54...........................  40 deg.00.55' N.     70 deg.32.1' W.
  55...........................  39 deg.59.15' N.     70 deg.34.45' W.
  56...........................  39 deg.58.9' N.      70 deg.38.65' W.
  57...........................  40 deg.00.1' N.      70 deg.45.1' W.
  58...........................  40 deg.00.5' N.      70 deg.57.6' W.
  59...........................  40 deg.02.0' N.      71 deg.01.3' W.
  60...........................  39 deg.59.3' N.      71 deg.18.4' W.
  61...........................  40 deg.00.7' N.      71 deg.19.8' W.
  62...........................  39 deg.57.5' N.      71 deg.20.6' W.
  63...........................  39 deg.53.1' N.      71 deg.36.1' W.
  64...........................  39 deg.52.6' N.      71 deg.40.35' W.
  65...........................  39 deg.53.1' N.      71 deg.42.7' W.
  66...........................  39 deg.46.95' N.     71 deg.49.0' W.
  67...........................  39 deg.41.15' N.     71 deg.57.1' W.
  68...........................  39 deg.35.45' N.     72 deg.02.0' W.
  69...........................  39 deg.32.65' N.     72 deg.06.1' W.
  70...........................  39 deg.29.75' N.     72 deg.09.8' W.
to 192
------------------------------------------------------------------------

    (2) Duration. (i) Mobile gear. From June 16 through November 26, no 
fishing vessel with mobile gear or person on a fishing vessel with 
mobile gear may fish, or be in Restricted Gear Area III unless 
transiting. Vessels may transit this area provided that all mobile gear 
is on board the vessel while inside the area.
    (ii) Lobster pot gear. From January 1 through April 30, no fishing 
vessel with lobster pot gear or person on a fishing vessel with lobster 
pot gear may fish, and no lobster pot gear may be deployed or remain, in 
Restricted Gear Area III.
    (m) Restricted Gear Area IV. (1) Restricted Gear Area IV is defined 
by straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                                 ...................
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
  193..........................  40 deg.13.60' N.     68 deg.40.60' W.
  194..........................  40 deg.11.60' N.     68 deg.53.00' W.
  195..........................  40 deg.14.00' N.     69 deg.04.70' W.
  196..........................  40 deg.14.30' N.     69 deg.05.80' W.
  197..........................  40 deg.05.50' N.     69 deg.09.00' W.
  198..........................  39 deg.57.30' N.     69 deg.25.10' W.
  199..........................  40 deg.00.40' N.     69 deg.35.20' W.
  200..........................  40 deg.01.70' N.     69 deg.35.40' W.
  201..........................  40 deg.01.70' N.     69 deg.37.40' W.
  202..........................  40 deg.00.50' N.     69 deg.38.80' W.
  203..........................  40 deg.01.30' N.     69 deg.45.00' W.
  204..........................  40 deg.02.10' N.     69 deg.45.00' W.
  205..........................  40 deg.07.60' N.     70 deg.04.50' W.
  206..........................  40 deg.07.80' N.     70 deg.09.20' W.
to 119                           ...................
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
  69...........................  40 deg.07.90' N.     68 deg.36.00' W.
  70...........................  40 deg.07.20' N.     68 deg.38.40' W.
  71...........................  40 deg.06.90' N.     68 deg.46.50' W.
  72...........................  40 deg.08.70' N.     68 deg.49.60' W.
  73...........................  40 deg.08.10' N.     68 deg.51.00' W.
  74...........................  40 deg.05.70' N.     68 deg.52.40' W.
  75...........................  40 deg.03.60' N.     68 deg.57.20' W.
  76...........................  40 deg.03.65' N.     69 deg.00.00' W.
  77...........................  40 deg.04.35' N.     69 deg.00.50' W.
  78...........................  40 deg.05.20' N.     69 deg.00.50' W.
  79...........................  40 deg.05.30' N.     69 deg.01.10' W.
  80...........................  40 deg.08.90' N.     69 deg.01.75' W.
  81...........................  40 deg.11.00' N.     69 deg.03.80' W.
  82...........................  40 deg.11.60' N.     69 deg.05.40' W.
  83...........................  40 deg.10.25' N.     69 deg.04.40' W.
  84...........................  40 deg.09.75' N.     69 deg.04.15' W.
  85...........................  40 deg.08.45' N.     69 deg.03.60' W.
  86...........................  40 deg.05.65' N.     69 deg.03.55' W.
  87...........................  40 deg.04.10' N.     69 deg.03.90' W.
  88...........................  40 deg.02.65' N.     69 deg.05.60' W.
  89...........................  40 deg.02.00' N.     69 deg.08.35' W.
  90...........................  40 deg.02.65' N.     69 deg.11.15' W.
  91...........................  40 deg.00.05' N.     69 deg.14.60' W.
  92...........................  39 deg.57.80' N.     69 deg.20.35' W.
  93...........................  39.56.75' N.         69 deg.24.40' W.
  94...........................  39 deg.56.50' N.     69 deg.26.35' W.
  95...........................  39.56.80' N.         69 deg.34.10' W.
  96...........................  39 deg.57.85' N.     69 deg.35.05' W.
  97...........................  40 deg.00.65' N.     69 deg.36.50' W.
  98...........................  40 deg.00.90' N.     69 deg.37.30' W.
  99...........................  39 deg.59.15' N.     69 deg.37.30' W.
  100..........................  39 deg.58.80' N.     69 deg.38.45' W.
  102..........................  39 deg.56.20' N.     69 deg.40.20' W.
  103..........................  39 deg.55.75' N.     69 deg.41.40' W.
  104..........................  39 deg.56.70' N.     69 deg.53.60' W.
  105..........................  39 deg.57.55' N.     69 deg.54.05' W.
  106..........................  39 deg.57.40' N.     69 deg.55.90' W.
  107..........................  39 deg.56.90' N.     69 deg.57.45' W.
  108..........................  39 deg.58.25' N.     70 deg.03.00' W.
  110..........................  39 deg.59.20' N.     70 deg.04.90' W.
  111..........................  40 deg.00.70' N.     70 deg.08.70' W.
  112..........................  40 deg.03.75' N.     70 deg.10.15' W.
  115..........................  40 deg.05.20' N.     70 deg.10.90' W.
  116..........................  40 deg.02.45' N.     70 deg.14.1' W.
  119..........................  40 deg.02.75' N.     70 deg.16.1' W.
to 206
------------------------------------------------------------------------

    (2) Duration. (i) Mobile gear. From June 16 through September 30, no 
fishing vessel with mobile gear or person on a fishing vessel with 
mobile gear may fish, or be in Restricted Gear Area IV unless 
transiting. Vessels may transit this area provided that all mobile

[[Page 319]]

gear is on board the vessel while inside the area.

[61 FR 34968, July 3, 1996, as amended at 61 FR 55777, Oct. 29, 1996; 62 
FR 9379, Mar. 3, 1997; 62 FR 10748, Mar. 10, 1997; 62 FR 15388, Apr. 1, 
1997; 63 FR 7730, Feb. 17, 1998; 63 FR 11595, Mar. 10, 1998; 63 FR 
15331, Mar. 31, 1998; 63 FR 25416, May 8, 1998; 64 FR 24075, May 5, 
1999; 64 FR 31151, June 10, 1999; 64 FR 42048, Aug. 3, 1999]



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

    (a) General. Except as provided in Sec. 648.17, a vessel issued a 
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 elsewhere in this part.
    (1) End-of-year carry-over. With the exception of vessels that held 
a Confirmation of Permit History as described in Sec. 648.4(a)(1)(i)(J) 
for the entire fishing year preceding the carry-over year, limited 
access vessels that have unused DAS on the last day of April of any 
year, may carry over a maximum of 10 DAS into the next year. DAS 
sanctioned vessels will be credited with unused DAS based on their DAS 
allocation minus total DAS sanctioned.
    (2) [Reserved]
    (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, multiplied by the proration factor of 0.833 for 
the 1996 fishing year, unless a vessel qualifies for a restoration of 
DAS under paragraph (j) of this section, 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 as of July 1, 1996, except those that 
have been issued a gillnet permit, 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 0.833) for the 1996 fishing year, unless a 
vessel qualifies for a restoration of DAS under paragraph (j) of this 
section, and 88 DAS for the 1997 fishing year and beyond.
    (ii) Initial assignment. Any vessel issued a valid Fleet DAS permit, 
Gillnet permit, limited access Hook-Gear permit, or a vessel issued a 
Less than or equal to 45 ft (13.7 m) permit 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 up to 
300 lb (136.1 kg) of cod, haddock, and yellowtail flounder, combined, 
per trip without being subject to DAS restrictions, provided that the 
amount of cod on board does not exceed the daily cod limit specified in 
Sec. 648.86(a)(2) and (b), up to a maximum of 300 lb (136.1 kg) of cod 
for the entire trip. Such a vessel is not subject to a possession limit 
for other NE multispecies.
    (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

[[Page 320]]

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 Administrator. 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 Administrator 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 0.833) 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)(i) 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 NE Multispecies FMP, multiplied by the proration 
factor of 0.833 for the 1996 fishing year, unless a vessel qualifies for 
a restoration of DAS under paragraph (j) of this section, 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 1 and 36 percent in year 2 and 
beyond over 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 
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, for the entire year, 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 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 0.833) for the 1996 
fishing year, unless a vessel qualifies for a restoration of

[[Page 321]]

DAS under paragraph (j) of this section, 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 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 Administrator if a request to 
appeal is received by the Regional Administrator no later than August 
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 Administrator 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 Administrator 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 Administrator.
    (iv) The hearing officer shall present his/her findings to the 
Regional Administrator and the Regional Administrator will make a 
decision on the appeal. The Regional Administrator's decision on this 
appeal is the final administrative decision of the Department of 
Commerce.
    (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 Administrator 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

[[Page 322]]

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 NE multispecies DAS program, as described 
in paragraph (b) of this section, for a 20-day period between March 1 
and May 31 of each calendar year using the notification requirements 
specified in Sec. 648.10. A vessel fishing under a Day gillnet category 
designation is prohibited from fishing with gillnet gear capable of 
catching multispecies during its declared 20-day spawning block, unless 
the vessel is fishing in an exempted fishery as described in 
Sec. 648.80. If a vessel owner has not declared and been out for a 20-
day period between March 1 and May 31 of each calendar year on or before 
May 12 of each year, the vessel is prohibited from fishing for, 
possessing or landing any regulated species or non-exempt species during 
the period May 12 through May 31, inclusive. If a vessel has taken a 
spawning season 20-day block out of the NE multispecies DAS program 
during May 1996, it is not required to take a 20-day block out of the NE 
multispecies DAS program in 1997. Beginning January 1, 1998, any such 
vessel must comply with the spawning season restriction specified in 
this part.
    (h) Declaring DAS and blocks of time out. A vessel's owner or 
authorized representative shall notify the Regional Administrator of a 
vessel's participation in the DAS program, declaration of its 120 days 
out of the non-exempt gillnet fishery if designated as a Day gillnet 
category vessel, and declaration of its 20-day period out of the NE 
multispecies DAS program, 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 Administrator following the framework procedures of 
Sec. 648.90.
    (j) Restoration of unused DAS. Vessels that held valid 1996 
Amendment 5 NE multispecies permits in the Individual, Fleet or 
Combination Vessel categories are eligible for restoration of unused DAS 
if DAS fished during May and June 1996 was less than one-sixth of their 
1996 Amendment 7 allocation. Restoration of DAS will be based on the NE 
multispecies permit category held on August 16, 1996. These vessels will 
be automatically credited with DAS equal to the difference between the 
proration reduction and their DAS fished during May and June 1996, as 
recorded in the NMFS call-in system specified at Sec. 648.10(c) (or on 
other verifiable evidence of days spent fishing for multispecies). If 
the number of DAS fished during this time period exceeded the proration 
reduction amount, those days will not be subtracted from a vessel's 1996 
allocation.
    (k) Gillnet restrictions. Vessels issued a limited access NE 
multispecies permit fishing under a multispecies DAS with gillnet gear 
must obtain an annual designation as either a Day gillnet or Trip 
gillnet vessel as described in Sec. 648.4(c)(2)(iii)(B).
    (1) Day gillnet vessels. A Day gillnet vessel fishing with gillnet 
gear under a multispecies DAS is not required to remove gillnet gear 
from the water upon returning to the dock and calling-out of the DAS 
program, provided:
    (i) Number and size of nets. Vessels may not fish with, haul, 
possess, or deploy more than 80 roundfish gillnets or 160 flatfish 
gillnets. Vessels may fish any combination of roundfish and flatfish 
gillnets, up to 160 nets, provided that the number of roundfish and 
flatfish gillnets does not exceed the limitations specified in this 
subparagraph, and the nets are tagged in accordance with paragraph 
(k)(1)(ii) of this section. Nets may not be longer than 300 ft (91.44 
m), or 50 fathoms, in length.
    (ii) Tagging requirements. Beginning June 1, 1997, when under a NE 
multispecies DAS, all roundfish gillnets fished, hauled, possessed, or 
deployed must have two tags per net, with one tag secured to each bridle 
of every net within a string of nets and all flatfish

[[Page 323]]

gillnets fished, hauled, possessed, or deployed must have one tag per 
net, with one tag secured to every other bridle of every net within a 
string of nets. Tags must be obtained as described in 
Sec. 648.4(c)(2)(iii), and vessels must have on board written 
confirmation issued by the Regional Administrator, indicating that the 
vessel is a Day gillnet vessel. The vessel operator must produce all net 
tags upon request by an authorized officer.
    (iii) All gillnet gear is brought to port prior to the vessel 
fishing in an exempted fishery.
    (iv) Declaration of time out of the gillnet fishery. (A) During each 
fishing year, vessels must declare, and take, a total of 120 days out of 
the non-exempt gillnet fishery. Each period of time declared and taken 
must be a minimum of 7 consecutive days. At least 21 days of this time 
must be taken between June 1 and September 30 of each fishing year. The 
spawning season time out period required by Sec. 648.82(g) will be 
credited toward the 120 days time out of the non-exempt gillnet fishery. 
If a vessel owner has not declared and taken, any or all of the 
remaining periods of time required by the last possible date to meet 
these requirements, the vessel is prohibited from fishing for, 
possessing, or landing regulated multispecies or non-exempt species 
harvested with gillnet gear, and from having gillnet gear on board the 
vessel that is not stowed in accordance with Sec. 648.81(e)(4), while 
fishing under a multispecies DAS, from that date through the end of the 
period between June 1 and September 30, or through the end of the 
fishing year, as applicable.
    (B) Vessels shall declare their periods of required time out 
following the notification procedures specified in Sec. 648.10(f)(2).
    (C) During each period of time declared out, a vessel is prohibited 
from fishing with non-exempted gillnet gear. However, the vessel may 
fish in an exempted fishery as described in Sec. 648.80, or it may fish 
under a multispecies DAS provided it fishes with gear other than non-
exempted gillnet gear.
    (v) Method of counting DAS. Day gillnet vessels fishing with gillnet 
gear under a multispecies DAS will accrue 15 hours DAS for each trip 
greater than 3 hours but less than or equal to 15 hours. Such vessels 
will accrue actual DAS time at sea for trips less than or equal to 3 
hours or greater than 15 hours.
    (vi) Lost tags. Vessel owners or operators are required to report 
lost, destroyed, and missing tag numbers as soon as feasible after tags 
have been discovered lost, destroyed or missing, by letter or fax to the 
Regional Administrator.
    (vii) Replacement tags. Vessel owners or operators seeking 
replacement of lost, destroyed, or missing tags must request replacement 
of tags by letter or fax to the Regional Administrator. A check for the 
cost of the replacement tags must be received before tags will be re-
issued.
    (2) Trip gillnet vessels. When fishing under a multispecies DAS, a 
Trip gillnet vessel is required to remove all gillnet gear from the 
water before calling-out of a multispecies DAS under Sec. 648.10(c)(3). 
When not fishing under a multispecies DAS, Trip gillnet vessels may fish 
in an exempted fishery with gillnet gear as authorized under the 
exemptions described in Sec. 648.80. Vessels electing to fish under the 
Trip gillnet designation must have on board written confirmation issued 
by the Regional Administrator, that the vessel is a Trip gillnet vessel.

[61 FR 34968, July 3, 1996, as amended at 62 FR 2620, Jan. 17, 1997; 62 
FR 14650, Mar. 27, 1997; 62 FR 15388, Apr. 1, 1997; 62 FR 37156, July 
11, 1997; 62 FR 49149, Sept. 19, 1997; 63 FR 11595, Mar. 10, 1998; 63 FR 
42592, Aug. 10, 1998; 64 FR 24076, May 5, 1999]

    Effective Date Note: At 64 FR 42045, Aug. 3, 1999, Sec. 648.82 was 
amended by suspending paragraph (b)(3)(i) and adding paragraph 
(b)(3)(iii), effective Aug. 3, 1999 through Jan. 30, 2000. For the 
convenience of the user, the added text follows:



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

                                * * * * *

    (b) * * *
    (3) * * *
    (iii) DAS allocation. A vessel qualified and electing to fish under 
the small vessel category may retain up to 300 lb (136.1 kg) of cod, 
haddock, and

[[Page 324]]

yellowtail flounder, combined, per trip without being subject to DAS 
restrictions, provided that the amount of cod on board does not exceed 
the daily cod limit specified in Sec. 648.86(b), up to a maximum of 300 
lb (136.1 kg) of cod for the entire trip. Such a vessel is not subject 
to a possession limit for other NE multispecies.

                                * * * * *



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. Except as provided in 
Sec. 648.17, 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 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, whole gutted or gilled fish only, 
after landing. For purposes of determining compliance with the 
possession limits in Sec. 648.86, the weight of fillets and parts of 
fish, other than whole-gutted or gilled fish, will be multiplied by 3. 
Fish fillets, 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 to fish parts possessed is still 
attached.
    (b) Exceptions. (1) Each person aboard a vessel issued a 
multispecies 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. For purposes of 
determining compliance with the possession limits specified in 
Sec. 648.86, the weight of fillets and parts of fish, other than whole-
gutted or gilled fish, will be multiplied by 3.
    (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.
    (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; 
63 FR 11595, Mar. 10, 1998; 63 FR 42592, Aug. 10, 1998; 64 FR 24076, May 
5, 1999]



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

[[Page 325]]

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 
Administrator 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 Administrator 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 
Administrator 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 Administrator.
    (e) By the deadline set in Amendment 3 the Regional Administrator 
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 Register and by notice 
sent to all vessel owners holding multispecies permits. The Regional 
Administrator 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 Administrator shall monitor the 
affected area to determine if the action is still warranted. If the 
Regional Administrator determines that the circumstances under which the 
action was taken, based on the Regional Administrator'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 Administrator may determine that facts warrant a 
delayed effective date.

[[Page 326]]



Sec. 648.86  Possession restrictions.

    Except as provided in Sec. 648.17, the following possession 
restrictions apply:
    (a) Haddock--(1) NE multispecies DAS vessels. (i) Except as provided 
in paragraphs (a)(1)(ii) and (a)(1)(iii) of this section, a vessel that 
fishes under a NE multispecies DAS may land up to 2,000 lb (907.2 kg) of 
haddock per DAS fished, or any part of a DAS fished, up to 20,000 lb 
(9071.8 kg) per trip, provided it has at least one standard tote on 
board. Haddock on board a vessel subject to this landing limit must be 
separated from other species of fish and stored so as to be readily 
available for inspection.
    (ii) When the Regional Administrator projects that 75 percent of the 
target TAC will be harvested (9.3 million lb (4,218.5 mt) for the 1999 
fishing year), NMFS may publish a notification in the Federal Register 
that, as of a specific date, the limit specified in paragraph (a)(1)(i) 
of this section is reduced to either a 1,000 lb (453.6 kg) per trip 
possession limit restriction, or to a landing limit restriction of 1,000 
lb (453.6 kg) per DAS fished, 10,000 lb (4,536.0 kg) maximum, depending 
on the risk of exceeding the target TAC. Haddock on board a vessel 
subject to this landing limit must be separated from other species of 
fish and stored so as to be readily available for inspection. Vessels 
subject to this landing limit must have at least one standard tote on 
board.
    (iii) Paragraph (a)(1)(ii) of this section notwithstanding, 
beginning October 1, 1999, through April 30, 2000, if the Regional 
Administrator projects that less than 75 percent of the target TAC will 
be harvested (9.3 million lb (4,218.5 mt) for the 1999 fishing year) by 
April 30, 2000, NMFS may publish a notification in the Federal Register 
that, as of a specific date, the limit is increased to the amount that 
the Regional Administrator projects will be sufficient to allow 
harvesting of at least 9.3 million lb (4,218.5 mt) by April 30, 2000. 
Haddock on board a vessel subject to this landing limit must be 
separated from other species of fish and stored so as to be readily 
available for inspection. Vessels subject to this landing limit must 
have at least one standard tote on board.
    (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) Except for vessels fishing under the Georges Bank Sea Scallop 
Exemption Program from July 1 through December 31, 1999, as provided in 
Sec. 648.58(c)(6)(ii), scallop dredge vessels 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 that the vessel has at least one 
standard tote on board. This restriction does not apply to vessels 
issued NE multispecies Combination Vessel permits that are fishing under 
a multispecies DAS. 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) Cod--(1) Gulf of Maine Cod Landing Limit. (i) Except as provided 
in paragraphs (b)(1)(ii) and (b)(4) of this section, and subject to the 
cod landing limit call-in provision specified at Sec. 648.10(f)(3)(i), a 
vessel fishing under a NE multispecies DAS may land up to 200 lb (90.7 
kg) of cod per DAS, or any part of a DAS, unless otherwise specified in 
this paragraph. Vessels calling-out of the multispecies DAS program 
under Sec. 648.10(c)(3) that have utilized part of a DAS (less than 24 
hours) may land up to an additional 200 lb (90.7 kg) of cod for that 
part of a DAS; however, such vessels may not end any subsequent trip 
with cod on board within the 24-hour period following the beginning of 
the part of the DAS utilized (e.g., a vessel that has called-in to the 
multispecies DAS program at 3 p.m. on a Monday and ends its trip the 
next day (Tuesday) at 4 p.m. (accruing a total of 25 hours) may legally 
land up to 400 lb (181.4 kg) of cod on such a trip, but the vessel may 
not end any subsequent trip with cod on board until after 3 p.m. on the 
following day (Wednesday)). When

[[Page 327]]

the Regional Administrator projects that 30 percent of the FMAX target 
TAC will be harvested (886,000 lb (402 mt) for the 1999 fishing year), 
NMFS will publish a notification in the Federal Register that, as of a 
specific date, the limit is reduced to a specified amount between 5 lb 
(2.3 kg) and 100 lb (45.3 kg) per DAS, depending on the risk of 
exceeding the target TAC. Cod on board a vessel subject to this landing 
limit must be separated from other species of fish and stored so as to 
be readily available for inspection.
    (ii) A vessel subject to the cod landing limit restrictions 
described in paragraph (b)(1)(i) of this section, and subject to the cod 
landing limit call-in provision specified at Sec. 648.10(f)(3)(ii), may 
come into port with and offload cod in excess of the landing limit as 
determined by the number of DAS elapsed since the vessel called into the 
DAS program, provided that:
    (A) The vessel operator does not call-out of the DAS program as 
described under Sec. 648.10(c)(3) and does not depart from a dock or 
mooring in port to engage in fishing, unless transiting as allowed in 
paragraph (b)(3) of this section, until sufficient time has elapsed to 
account for and justify the amount of cod harvested at the time of 
offloading regardless of whether all of the cod on board is offloaded 
(e.g., a vessel subject to the landing limit restriction, described in 
paragraph (b)(1)(i) of this section, that has called-in to the 
multispecies DAS program at 3 p.m. on Monday and that fishes and comes 
back into port at 4 p.m. on Wednesday of that same week with 800 lb 
(362.9 kg) of cod to offload some or all of its catch cannot call-out of 
the DAS program or leave port until 3:01 p.m. the next day, Thursday 
(i.e., 3 days plus one minute)); and
    (B) Upon returning to port and before offloading, the vessel 
operator notifies the Regional Administrator (see Table 1 to 
Sec. 600.502 of this chapter for the Regional Administrator's address) 
and provides the following information: Vessel name and permit number, 
owner and caller name, DAS confirmation number, phone number, and the 
hail weight of cod on board and the amount of cod to be offloaded, if 
any. A vessel that has not exceeded the landing limit and is offloading 
and ending its trip by calling out of the multispecies DAS program does 
not have to report under this call-in system.
    (iii) A vessel that has not exceeded the cod landing limit 
restrictions described in paragraph (b)(1)(i) of this section and that 
is offloading some or all of its catch without calling out of the 
multispecies DAS program under Sec. 648.10(c)(3), is subject to the 
call-in requirement described in paragraph (b)(1)(ii)(B) of this 
section.
    (2) Georges Bank Cod Landing and Maximum Possession Limits. For the 
1999 fishing year, beginning August 15, 1999, and,
    (i) For each fishing year thereafter, beginning on May 1, a vessel 
that is exempt from the landing limit described in paragraph (b)(1) of 
this section fishing under a NE multispecies DAS may land only up to 
2,000 lb (907.2 kg) of cod per DAS, or any part of a DAS, up to a 
maximum possession limit of 20,000 lb (9,071.8 kg) per trip, unless 
otherwise specified pursuant to paragraph (b)(2)(ii) of this section. 
The vessel must have a standard tote on board. Cod on board a vessel 
subject to these landing and maximum possession limits must be separated 
from other species of fish and stored so as to be readily available for 
inspection.
    (ii) When the Regional Administrator projects that 75 percent of the 
target TAC will be harvested (8.9 million lb (4,012 mt) for the 1999 
fishing year), NMFS may publish a notification in the Federal Register 
that, as of a specific date, the landing and/or maximum possession 
limits specified in paragraph (b)(2) of this section are reduced to a 
level calculated to keep landings below the target TAC based on the risk 
of exceeding the target TAC. Cod on board a vessel subject to these 
landings and maximum possession limits must be separated from other 
species of fish and stored so as to be readily available for inspection.
    (iii) Paragraph (b)(2)(i) of this section notwithstanding, between 
January 1, and April 30 of each fishing year, if the Regional 
Administrator projects that less than 75 percent of the target TAC (8.9 
million lb (4,012 mt) for the 1999 fishing year) will be harvested by 
April

[[Page 328]]

30, of the fishing year, NMFS may publish a notification in the Federal 
Register that, as of a specific date, the landings and/or maximum 
possession limits are increased to the amount that the Regional 
Administrator projects will be sufficient to allow harvesting of up to 
8.9 million lb (4,012 mt) for the 1999 fishing year by April 30, 2000.
    (3) Transiting. A vessel that has exceeded the cod landing limit as 
specified in paragraph (b)(1) of this section, and is, therefore, 
subject to the requirement to remain in port for the period of time 
described in paragraph (b)(1)(ii)(A) of this section may transit to 
another port during this time, provided that the vessel operator 
notifies the Regional Administrator (see Table 1 to Sec. 600.502 of this 
chapter) either at the time the vessel reports its hailed weight of cod 
or at a later time prior to transiting and provides the following 
information: vessel name and permit number, destination port, time of 
departure, and estimated time of arrival. A vessel transiting under this 
provision must stow its gear in accordance with one of the methods 
specified in Sec. 648.81(e) and may not have any fish on board the 
vessel.
    (4) Exemption. A vessel fishing under a NE multispecies DAS is 
exempt from the landing limit described in paragraph (b)(1) of this 
section when fishing south of a line beginning at the Cape Cod, MA 
coastline at 42 deg.00' N. lat. and running eastward along 42 deg.00' N. 
lat. until it intersects with 69 deg.30' W. long., then northward along 
69 deg.30' W. long. until it intersects with 42 deg.20' N. lat., then 
eastward along 42 deg.20' N. lat. until it intersects with 67 deg.20' W. 
long., then northward along 67 deg.20' W. long. until it intersects with 
the U.S.-Canada maritime boundary, provided that it does not fish north 
of this exemption area for a minimum of 30 consecutive days (when 
fishing under the multispecies DAS program), and has on board an 
authorization letter issued by the Regional Administrator. Vessels 
exempt from the landing limit requirement may transit the GOM/GB 
Regulated Mesh Area north of this exemption area, provided that their 
gear is stowed in accordance with one of the provisions of 
Sec. 648.81(e).
    (c) Other possession restrictions. Vessels are subject to all other 
applicable possession limit restrictions as specified under 
Sec. 648.58(c)(6), Sec. 648.82(b)(3), Sec. 648.83(b)(1), Sec. 648.88(a) 
and (c), and Sec. 648.89(c).
    (d) Calculation of weight of fillets or parts of fish. The 
possession limits described under this part are based on the weight of 
whole, whole-gutted, or gilled fish. For purposes of determining 
compliance with the possession limits specified in paragraph (a), (b), 
or (c) of this section, the weight of fillets and parts of fish, other 
than whole-gutted or gilled fish, as allowed under Sec. 648.83(a) and 
(b) will be multiplied by 3.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14650, Mar. 27, 1997; 62 
FR 15389, Apr. 1, 1997; 62 FR 37157, July 11, 1997; 63 FR 11595, Mar. 
10, 1998; 63 FR 15332, Mar. 31, 1998; 63 FR 42592, Aug. 10, 1998; 64 FR 
24076, May 5, 1999; 64 FR 31151, June 10, 1999; 64 FR 42048, Aug. 3, 
1999]

    Effective Date Note: At 64 FR 42045, Aug. 3, 1999, Sec. 648.86 was 
amended by suspending paragraphs (b)(1)(i), (b)(1)(ii)(A), and (b)(3) 
and revising paragraphs (b)(1)(iv) and (b)(5), effective Aug. 3, 1999 
through Jan. 30, 2000. For the convenience of the user, the revised text 
is set forth as follows:



Sec. 648.86  Possession restrictions.

                                * * * * *

    (b) * * *
    (1) * * *
    (iv) Landing limit. Notwithstanding any other provisions of this 
part, the following measures shall be in effect from August 3, 1999 
until January 30, 2000. Except as provided in paragraph (b)(2) of this 
section, and subject to the call-in provision specified in 
Sec. 648.10(f)(3)(iii), a vessel fishing under a NE multispecies DAS may 
land only up to 100 lb (45.4 kg) of cod during the first 24-hour period 
after the vessel has started a trip on which cod were landed (e.g., a 
vessel that starts a trip at 6 a.m. may call out of the DAS program at 
ll a.m. and land up to a 100 lb (45.4 kg), but the vessel cannot land 
any more cod on a subsequent trip until at least 6 a.m. on the following 
day). For each trip longer than 24 hours, a vessel may land up to an 
additional 100 lbs (45.4 kg) for each additional 24-hour

[[Page 329]]

block of DAS fished, or part of an additional 24-hour block of DAS 
fished, up to a maximum of 500 lb (226.8 kg) per trip (e.g., a vessel 
that has been called into the DAS program for 48 hours or less, but more 
than 24 hours, may land up to but no more than 200 lb (90.7 kg) of cod). 
A vessel that has only been called into part of an additional 24-hour 
block of a DAS (e.g., a vessel that has been called into the DAS program 
for more than 24 hours but less than 48 hours) may land up to an 
additional 100 lb (45.4 kg) of cod for that trip provided that the 
vessel complies with the following:
    (A) The vessel operator does not call-out of the DAS program as 
described under Sec. 648.10(c)(3) and does not depart from a dock or 
mooring in port, unless transiting as allowed in paragraph (b)(5) of 
this section, until the rest of the additional 24-hour block of the DAS 
has elapsed regardless of whether all of the cod on board is offloaded 
(e.g., a vessel that has been called into the DAS program for 25 hours, 
at the time of landing, may land only up to 200 lb (90.7 kg) of cod, 
provided the vessel does not call out of the DAS program or leave port 
until 48 hours have elapsed from the beginning of the trip).
    (B) Comply with paragraph (b)(1)(ii)(B) of this section.
    (C) Vessels must have at least one standard tote on board. Cod on 
board a vessel subject to this landing limit must be separated from 
other species of fish and stored so as to be readily available for 
inspection.

                                * * * * *

    (5) Transiting. A vessel that has exceeded the cod landing limit as 
specified in paragraph (b)(1) of this section, and is therefore, subject 
to the requirement to remain in port for the period of time described in 
paragraph (b)(1)(iv) of this section may transit to another port during 
this time, provided that the vessel operator notifies the Regional 
Administrator (see Table 1 to Sec. 600.502 of this chapter) either at 
the time the vessel reports its hailed weight of cod or at a later time 
prior to transiting and provides the following information: vessel name 
and permit number, destination port, time of departure, and estimated 
time of arrival. A vessel transiting under this provision must stow its 
gear in accordance with one of the methods specified in Sec. 648.81(e) 
and may not have any fish on board the vessel.

                                * * * * *



Sec. 648.87  Gillnet requirements to reduce or prevent marine mammal takes.

    (a) Areas closed to gillnet gear capable of catching multispecies to 
reduce harbor porpoise takes. All persons owning or operating vessels in 
the EEZ portion of the areas and times specified in paragraphs (a)(1), 
(2), (3) and (4) of this section must remove all of their sink gillnet 
gear and other gillnet gear capable of catching multispecies, with the 
exception of single pelagic gillnets (as described in 
Sec. 648.81(g)(2)(ii)), and may not use, set, haul back, fish with, or 
possess on board, unless stowed in accordance with the requirements of 
Sec. 648.81(e)(4), sink gillnet gear or other gillnet gear capable of 
catching multispecies, with the exception of single pelagic gillnet gear 
(as described in Sec. 648.81(g)(2)(ii)) in the EEZ portion of the areas 
and for the times specified in paragraphs (a)(1) through (a)(4) of this 
section. Also, all persons owning or operating vessels issued a limited 
access multispecies permit must remove all of their sink gillnet gear 
and other gillnet gear capable of catching multispecies, with the 
exception of single pelagic gillnets (as described in 
Sec. 648.81(g)(2)(ii)), from the areas and for the times specified in 
paragraphs (a)(1) through (a)(4) of this section, and may not use, set, 
haul back, fish with, or possess on board, unless stowed in accordance 
with the requirements of Sec. 648.81(e)(4), sink gillnets or other 
gillnet gear capable of catching multispecies, with the exception of 
single pelagic gillnets (as described in Sec. 648.81(g)(2)(ii)) in the 
areas and for the times specified in paragraphs (a)(1) through (a)(4) of 
this section.
    (1) Mid-coast Closure Area. (i) From September 15 through May 31 of 
each fishing year, the restrictions and requirements specified in 
paragraph (a) of this section apply to the Mid-coast

[[Page 330]]

Closure Area (copies of a chart depicting this area are available from 
the Regional Administrator upon request), except as provided in 
paragraph (a)(1)(ii) of this section, which is the area bounded by 
straight lines connecting the following points in the order stated.

                         Mid-Coast Closure Area
------------------------------------------------------------------------
              Point                  N. latitude         W. longitude
------------------------------------------------------------------------
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.30'         69 deg.30'
MC8.............................  43 deg.30'         69 deg.00'
MC9.............................  (\2\)              69 deg.00'
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Maine shoreline.

    (ii) Vessels subject to the restrictions and regulations specified 
in paragraph (a) of this section may fish in the Mid-coast Closure Area, 
as defined under paragraph (a)(1)(i) of this section, from September 15 
through May 31 of each fishing year, provided that pingers are used in 
accordance with the requirements found at Sec. 229.33(b) of this title.
    (2) Cape Cod South Closure Area. (i) From December 1 through May 31 
of each fishing year, the restrictions and requirements specified in 
paragraph (a) of this section apply to the Cape Cod South Closure Area 
(copies of a chart depicting this area are available from the Regional 
Administrator upon request), except as provided in paragraph (a)(2)(ii) 
of this section, which is the area bounded by straight lines connecting 
the following points in the order stated.

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

    (ii) Vessels subject to the restrictions and regulations specified 
in paragraph (a) of this section may fish in the Cape Cod South Closure 
Area, as defined under paragraph (a)(2)(i) of this section, from 
December 1 through the last day of February and April 1 through May 31 
of each fishing year, provided that pingers are used in accordance with 
the requirements found at Sec. 229.33(b) of this title.
    (3) Massachusetts Bay Closure Area. (i) From December 1 through May 
31 of each fishing year, the restrictions and requirements specified in 
paragraph (a) of this section apply to the Massachusetts Bay Closure 
Area (copies of a chart depicting this area are available from the 
Regional Administrator upon request), except as provided in paragraph 
(a)(3)(ii) of this section, which is the area bounded by straight lines 
connecting the following points in the order stated.

                     Massachusetts Bay Closure Area
------------------------------------------------------------------------
              Point                  N. latitude         W. longitude
------------------------------------------------------------------------
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.

    (ii) Vessels subject to the restrictions and regulations specified 
in paragraph (a) of this section may fish in the Massachusetts Bay 
Closure Area, as defined under paragraph (a)(3)(i) of this section, from 
December 1 through the last day of February and April 1 through May 31 
of each fishing year, provided that pingers are used in accordance with 
the requirements found at Sec. 229.33(b) of this title.
    (4) NE Closure Area. From August 15 through September 13, of each 
fishing year, the restrictions and requirements specified in this 
paragraph (a) apply to the NE Closure Area, which is the area bounded by 
straight lines connecting the following points in the order stated:

                         Northeast Closure Area
------------------------------------------------------------------------
                       Point                         N. lat.    W. long.
------------------------------------------------------------------------
NE1...............................................      (\1\)  68 deg.55
                                                                     .0'
NE2...............................................  43 deg.29  68 deg.55
                                                          .6'        .0'
NE3...............................................  44 deg.04  67 deg.48
                                                          .4'        .7'
NE4...............................................  44 deg.06  67 deg.52
                                                          .9'        .8'
NE5...............................................  44 deg.31  67 deg.02
                                                          .2'        .7'
NE6...............................................      (\1\)  67 deg.02
                                                                     .7'
------------------------------------------------------------------------
\1\ Maine shoreline.


[[Page 331]]

    (i) Copies of a chart depicting this area are available from the 
Regional Administrator upon request.
    (ii) [Reserved]
    (b) Areas closed to gillnet gear capable of catching multispecies to 
prevent right whale takes. All persons owning or operating vessels must 
remove all of their sink gillnet gear and gillnet gear capable of 
catching multispecies, with the exception of single pelagic gillnets (as 
described in Sec. 648.81(g)(2)(ii)), from the EEZ portion of the areas 
and for the times specified in paragraphs (b)(1) and (2) of this 
section, and may not use, set, haul back, fish with, or possess on 
board, unless stowed in accordance with the requirements of 
Sec. 648.81(e)(4), sink gillnet gear or gillnet gear capable of catching 
multispecies, with the exception of single pelagic gillnet gear (as 
described in Sec. 648.81(g)(2)(ii)) in the EEZ portion of the areas and 
for the times specified in paragraphs (b)(1) and (2) of this section. 
Also, all persons owning or operating vessels issued a limited access 
multispecies permit must remove all of their sink gillnet gear and other 
gillnet gear capable of catching multispecies, with the exception of 
single pelagic gillnets (as described in Sec. 648.81(g)(2)(ii)), from 
the areas and for the times specified in paragraphs (b)(1) and (2) of 
this section, and, may not use, set, haul back, fish with, or possess on 
board, unless stowed in accordance with the requirements of 
Sec. 648.81(e)(4), sink gillnet gear or other gillnet gear capable of 
catching multispecies, with the exception of single pelagic gillnets (as 
described in Sec. 648.81(g)(2)(ii)) in the areas and for the times 
specified in paragraphs (b)(1) and (2) of this section.
    (1) Cape Cod Bay Critical Habitat Closure Area. From March 27, 1997 
through May 15, 1997 and from January 1 through May 15 of each 
subsequent year, the restrictions and requirements specified in 
paragraph (b) of this section apply to the Cape Cod Bay Critical Habitat 
Closure Area (copies of a chart depicting this area are available from 
the Regional Administrator upon request), which is the area bounded by 
straight lines connecting the following points in the order stated.

               Cape Cod Bay Critical Habitat Closure Area
------------------------------------------------------------------------
              Point                    N. latitude        W. longitude
------------------------------------------------------------------------
CCB1.............................  42 deg.12' N        70 deg.30' W
CCB2.............................  42 deg.12' N        70 deg.15' W
CCB3.............................  42 deg.08' N        70 deg.12.4' W
 
hen westerly along the 3 NM state
 boundary to.
 
CCB4.............................  42 deg.08' N        70 deg.30' W
hen due north to CCB1............
------------------------------------------------------------------------

    (2) Great South Channel Critical Habitat Closure Area. From April 1 
through June 30 of each year, the restrictions and requirements 
specified in paragraph (b) of this section apply to the Great South 
Channel Critical Habitat Closure Area (copies of a chart depicting this 
area are available from the Regional Administrator upon request), which 
is the area bounded by straight lines connecting the following points in 
the order stated.

            Great South Channel Critical Habitat Closure Area
------------------------------------------------------------------------
             Point                   N. latitude         W. longitude
------------------------------------------------------------------------
GSC1...........................  41 deg.02.2' N       69 deg.02' W
GSC2...........................  41 deg.43.5' N       69 deg.36.3' W
GSC3...........................  42 deg.10' N         68 deg.31' W
GSC4...........................  41 deg.38' N         68 deg.13' W
------------------------------------------------------------------------

    (c) Framework adjustment. (1) The Harbor Porpoise Take Reduction 
Team 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.
    (2) After receiving and reviewing the Harbor Porpoise Take Review 
Team's findings and recommendations, the NEFMC shall determine whether 
adjustments or additional management measures are necessary to avoid 
inconsistencies with the Harbor Porpoise Take Reduction Plan. If the 
NEFMC determines that adjustments or additional management measures are 
necessary, it shall develop and analyze appropriate management actions 
over the span of at least two NEFMC meetings.
    (3) 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

[[Page 332]]

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).
    (4) 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).
    (5) The Regional Administrator 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; 
62 FR 52274, Oct. 7, 1997; 62 FR 52274, Oct. 7, 1997; 63 FR 15333, Mar. 
31, 1998; 63 FR 19850, Apr. 22, 1998; 64 FR 15706, Apr. 1, 1999; 64 FR 
24077, May 5, 1999]



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 the amount of cod on 
board does not exceed the daily cod limit specified in Sec. 648.86(a)(2) 
and (b), up to a maximum of 300 lb (136.1 kg) of cod for the entire 
trip, and that the vessel 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, and any other applicable provisions of this 
part.
    (c) Scallop multispecies possession limit permit. Unless otherwise 
prohibited in Sec. 648.86(b), and except as provided in 
Sec. 648.58(c)(6)(ii) for vessels fishing under the Georges Bank Sea 
Scallop Exemption Program, 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 that the amount of cod 
on board does not exceed the daily cod limit specified in 
Sec. 648.86(b), up to a maximum of 300 lb (136.1 kg) of cod for the 
entire trip, and that 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; 64 
FR 24078, May 5, 1999; 64 FR 31151, June 10, 1999]

    Effective Date Note: At 64 FR 42045, Aug. 3, 1999, Sec. 648.88 was 
amended by suspending paragraph (a)(1) and adding paragraph (a)(3), 
effective Aug. 3, 1999 through Jan. 30, 2000. For the convenience of the 
user, the added text is set forth as follows:



Sec. 648.88  Open access permit restrictions.

    (a) * * *
    (3) Notwithstanding any other provisions of this part, the following 
measures shall be in effect from August 3, 1999 until January 30, 2000. 
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 the amount of cod on board does 
not exceed the daily cod limit specified in Sec. 648.86(b)(1)(iv), up to 
a maximum of 300 lb (136.1 kg) of cod for the entire trip, and that the 
vessel 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.

                                * * * * *

[[Page 333]]



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.
    (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

[[Page 334]]

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 the 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 Administrator may adopt any option developed by the MSMC, 
unless rejected by the NEFMC, as specified in paragraph (a)(6) of this 
section, provided 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 Administrator 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 Administrator after one NEFMC meeting, and the Regional 
Administrator concurs with the recommendation, the Regional 
Administrator 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 Administrator publish the 
recommendation as a final rule. If the Regional Administrator 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 Administrator 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 Administrator 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 Administrator by February 1 that meets the FMP goals and 
objectives, the Regional Administrator 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 
Administrator decides to approve the option published as a proposed 
rule, the action will be published as a final rule in the Federal 
Register.
    (b) Within season management action. The Council 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 Northeast Multispecies FMP or to address gear 
conflicts as defined under Sec. 600.10 of this chapter.
    (1) Adjustment process. After a management action has been 
initiated, the Council shall develop and analyze appropriate management 
actions over the span of at least two Council meetings. The Council 
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 Council meeting. The Council's recommendation on 
adjustments or additions to management measures, other than to address 
gear conflicts, must come from

[[Page 335]]

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) Adjustment process for gear conflicts. The Council may develop a 
recommendation on measures to address gear conflict as defined under 50 
CFR 600.10, in accordance with the procedure specified in Sec. 648.55(d) 
and (e).
    (3) NEFMC recommendation. After developing management actions and 
receiving public testimony, the NEFMC shall make a recommendation to the 
Regional Administrator. The NEFMC's recommendation must include 
supporting rationale and, if management measures are recommended, an 
analysis of impacts and a recommendation to the Regional Administrator 
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 or 
to impose management measures to resolve gear conflicts.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (4) Regional Administrator 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 Administrator 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 Administrator 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 Administrator concurs with the NEFMC 
recommendation, the measures will be issued as a final rule in the 
Federal Register.
    (iii) If the Regional Administrator 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.

[61 FR 34968, July 3, 1996, as amended at 62 FR 1405, Jan. 10, 1997; 62 
FR 14650, Mar. 27, 1997]



    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 the allowable levels of fishing and other restrictions 
necessary to achieve a fishing mortality rate (F) of 0.30 in 1997, and 
the F that produces the maximum yield per recruit (Fmax) in 
1998 and thereafter, provided the allowable levels of fishing in 1997 
may not exceed

[[Page 336]]

18,518,830 lb (8,400 mt), unless such fishing levels have an associated 
F of Fmax: 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 paragraph 
(a) 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 Administrator 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 Administrator shall review 
these recommendations and any recommendations of the Commission. After 
such review, the Regional Administrator 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 
Administrator 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 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

[[Page 337]]

may request approval from the Regional Administrator 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 Administrator 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 Administrator shall notify the 
appropriate state officials of the disposition of the request. In 
evaluating requests to transfer a quota or combine quotas, the Regional 
Administrator 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 
Administrator. A state may submit a new request when it receives notice 
that the Regional Administrator 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.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14650, Mar. 27, 1997; 62 
FR 66310, Dec. 18, 1997]



Sec. 648.101  Closures.

    (a) EEZ closure. The Regional Administrator 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 
Administrator 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 Administrator 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 Administrator 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)

[[Page 338]]

and any person subject to the possession limit may fish for summer 
flounder only from May 29 through September 11. This time period may be 
adjusted pursuant to the procedures in Sec. 648.100.

[64 FR 48967, Sept. 9, 1999]



Sec. 648.103  Minimum fish sizes.

    (a) The minimum size for summer flounder is 14 inches (35.6 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 15 inches (38 cm) TL for 
all vessels that do not qualify for a moratorium permit, and party boats 
holding a moratorium permit if fishing with passengers for hire or 
carrying more than five crew members, or charter boats holding a 
moratorium permit if fishing with more than three crew members.
    (c) The minimum sizes in this section apply to whole fish or to any 
part of a fish found in possession, e.g., fillets, except that party and 
charter vessels possessing valid state permits authorizing filleting at 
sea may possess fillets smaller that the size specified if all state 
requirements are met.

[61 FR 34968, July 3, 1996, as amended at 62 FR 10478, Mar. 7, 1997; 62 
FR 37157, July 11, 1997; 62 FR 63875, Dec. 3, 1997; 63 FR 27868, May 21, 
1998]



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 or 6.0-inch (15.2-cm) square mesh applied throughout 
the body, extension(s), and codend portion of the net.
    (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 Administrator 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 Administrator 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.

[[Page 339]]

    (3) The Regional Administrator 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 the 
Regional Administrator 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.''
    (f) The minimum net mesh requirement may apply to any portion of the 
net. The minimum mesh size and the portion of the net regulated by the 
minimum mesh size may be adjusted pursuant to the procedures in 
Sec. 648.100.

[61 FR 34968, July 3, 1996, as amended at 62 FR 63876, Dec. 3, 1997]



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 or is issued a 
summer flounder dealer 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.

[[Page 340]]

    (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 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\).

[61 FR 34968, July 3, 1996, as amended at 62 FR 37157, July 11, 1997; 63 
FR 27868, May 21, 1998]



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 fishery under authority of the ESA under parts 
222 and 223 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. 223.206(d)(1) 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 
Administrator 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 
Administrator 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 
Administrator will publish notification in the Federal Register with the 
specific time period. Descriptions of NMFS-approved TEDs can be found in 
Sec. 223.207(b)(1) 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.
    (d) Closure of the fishery. The Regional Administrator 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 Administrator

[[Page 341]]

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 Administrator 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 fishing activities. The prohibitions, 
restrictions, and duration of the closure will be specified in the 
notification.
    (e) Reopening of the fishery. (1) The Regional Administrator 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 Administrator 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 Administrator 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 
Administrator 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 
Administrator 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 Administrator 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 Administrator 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 Administrator, and it must not be likely to jeopardize the 
continued existence of any species listed under the ESA. The Regional 
Administrator 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.

[61 FR 34968, July 3, 1996, as amended at 62 FR 14651, Mar. 27, 1997; 64 
FR 14077, Mar. 23, 1999]

[[Page 342]]



Sec. 648.107  Conservation equivalent measures for the recreational summer flounder fishery.

    (a) Through March 9, 2000, states may implement on an annual basis 
conservation equivalent measures that reduce the recreational catch to 
the same extent as the annual Federal summer flounder measures specified 
under Sec. 648.100(c) to achieve the recreational harvest limit in any 
year. These measures would be a different combination of minimum fish 
sizes, possession limits, and closed seasons that are the conservation 
equivalent of those Federal summer flounder measures specified on an 
annual basis.
    (b) A determination of equivalency would be made annually for any 
state proposing alternative recreational measures by the Summer Flounder 
Technical Committee of the Commission. Conservation equivalent measures 
may be implemented by any state without a determination of equivalency 
by the Summer Flounder Technical Committee review, but only if states 
use the state-specific tables provided by the Commission and maintain a 
15-inch (38-cm) or greater minimum fish size.
    (1) Once a state receives a determination of equivalency from the 
Summer Flounder Technical Committee or a state implements conservation 
equivalent measures contained in the state-specific table provided by 
the Commission, the Commission will recommend to the Regional 
Administrator that a notification be published in the Federal Register 
to waive the annual Federal summer flounder measures specified under 
Sec. 648.100(c) and to notify vessel permit holders of the equivalent 
measures approved by the Summer Flounder Technical Committee for landing 
summer flounder in that state.
    (2) States electing not to implement conservation equivalent 
measures or states that did not receive a determination of equivalency 
from the Summer Flounder Technical Committee and not implementing 
conservation equivalent measures contained in the state-specific table 
provided by the Commission would be required to implement the annual 
Federal summer flounder measures specified under Sec. 648.100(c) in 
accordance with the provisions of the Fishery Management Plan for the 
Summer Flounder, Scup, and Black Sea Bass Fisheries.

[64 FR 48967, Sept. 9, 1999]



           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 
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 commercial quota for each of the three periods specified in 
paragraph (d)(1) of this section, to be set from a range of 0 to the 
maximum allowed to achieve the specified exploitation rate. The 
commercial quota will be established by estimating the annual total 
allowable catch (TAC), allocating it into the three periods, and 
deducting the discard estimates for each period.
    (2) Landing limits for the Winter I and Winter II periods.
    (3) Percent of landings attained at which the landing limit for the 
Winter I period will be reduced.
    (4) Commercial minimum fish size.
    (5) Minimum mesh size.

[[Page 343]]

    (6) Recreational possession limit set from a range of 0 to 50 scup 
to achieve the specified exploitation rate.
    (7) Recreational minimum fish size set from a range of 7 inches 
(17.8 cm) TL to 10 inches (25.4 cm) TL.
    (8) Recreational season.
    (9) Restrictions on gear.
    (10) 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 Administrator 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 Administrator shall review 
these recommendations and any recommendations of the Commission. After 
such review, NMFS will publish a proposed rule in the Federal Register 
by October 15 to implement a commercial quota, specifying the amount of 
quota allocated to each of the three periods, landing limits for the 
Winter I and Winter II periods, the percentage of landings attained 
during the Winter I fishery at which the landing limits will be reduced, 
a recreational harvest limit and additional management measures for the 
commercial fishery. NMFS will publish a proposed rule in the Federal 
Register by February 15 to implement additional management measures for 
the recreational fishery, if the Regional Administrator determines that 
such measures are necessary to assure that the specified exploitation 
rate will not be exceeded. After considering public comment, NMFS will 
publish a final rule in the Federal Register to implement the annual 
measures.
    (d) Distribution of Commercial Quota. (1) The annual commercial 
quota will be allocated into three periods, based on the following 
percentages:

------------------------------------------------------------------------
                            Period                              Percent
------------------------------------------------------------------------
Winter I--January-April......................................      45.11
Summer-May-October...........................................      38.95
Winter II--November-December.................................      15.94
------------------------------------------------------------------------

    (2) The Winter I and Winter II commercial quotas will each be 
distributed to the coastal states from Maine through North Carolina on a 
coastwide basis.
    (3) The Summer commercial quota will be allocated to the coastal 
states from Maine through North Carolina, based upon the following 
percentages:

           Summer Period (May-October) Commercial Quota Shares
------------------------------------------------------------------------
                                                               Share
                          State                              (percent)
------------------------------------------------------------------------
Maine...................................................         0.13042
New Hampshire...........................................         0.00004
Massachusetts...........................................        15.49120
Rhode Island............................................        60.56589
Connecticut.............................................         3.39884
New York................................................        17.05295
New Jersey..............................................         3.14307
Delaware................................................         0.00000
Maryland................................................         0.01286
Virginia................................................         0.17789
North Carolina..........................................         0.02690
Total...................................................       100.00000
------------------------------------------------------------------------

    (4) All scup landed for sale in any state during either Winter I or 
Winter II shall be applied against the coastwide commercial quota for 
that period, regardless of where the scup were harvested. All scup 
landed for sale in a state during the Summer period shall be applied 
against that state's summer commercial quota, regardless of where the 
scup were harvested.
    (5) All scup landed for sale in any state during the period January 
1, 1997, through April 30, 1997, shall be applied against the coastwide 
commercial quota for the 1997 Winter I period, regardless of where the 
scup were harvested. Any landings during that time in excess of the 1997 
Winter I commercial quota will be subtracted from the 1997 Winter II 
period's allocation. Any overage beyond the 1997 Winter II allocation 
will be deducted from subsequent winter periods.
    (6) Beginning in 1997, any overages of the commercial quota landed 
in any

[[Page 344]]

state during the Summer period will be deducted from that state's Summer 
period quota for the following year. Beginning in 1998, any overages of 
the commercial quota landed in any Winter period will be subtracted from 
the period's allocation for the following year.
    (7) Based upon any changes in the landings data available from the 
states for the base years 1983-92, the Commission and the Council may 
recommend to the Regional Administrator that the states' shares 
specified in paragraph (d)(3) of this section and the period allocations 
specified in paragraph (d)(1) of this section be revised. The Council's 
and the Commission's recommendation must include supporting 
documentation, as appropriate, concerning the environmental and economic 
impacts of the recommendation. The Regional Administrator shall review 
the recommendation of the Commission and the Council. After such review, 
NMFS will publish a proposed rule in the Federal Register to implement a 
revision in the state shares. After considering public comment, NMFS 
will publish a final rule in the Federal Register to implement the 
changes in allocation.
    (e) Quota transfers and combinations. Any state implementing a state 
commercial quota for scup may request approval from the Regional 
Administrator to transfer part or all of its Summer period quota to one 
or more states. Two or more states implementing a state commercial quota 
for scup may request approval from the Regional Administrator to combine 
their quotas, or part of their quotas, into an overall regional quota. 
Requests for transfer or combination of commercial quotas for scup must 
be made by individual or joint letter(s) signed by the principal state 
official with marine fishery management responsibility and expertise, or 
his or 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 Administrator shall notify the 
appropriate state officials of the disposition of the request. In 
evaluating requests to transfer a quota or combine quotas, the Regional 
Administrator shall consider whether:
    (i) The transfer or combination would preclude the overall Summer 
period 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, Scup, and Black Sea Bass FMP and the Magnuson-Stevens Act.
    (2) The transfer of quota or the combination of quotas will be valid 
only for the Summer period for which the request was made and will be 
effective upon the filing by NMFS of a notification of approval of the 
quota 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 
Administrator. A state may submit a new request when it receives notice 
that the Regional Administrator has disapproved the previous request or 
when notification of approval of the quota 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 Summer period, the overage will 
be deducted from the following Summer period'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 Summer period. A transfer of quota or combination of 
quotas does not alter any state's percentage share of the overall Summer 
period quota specified in paragraph (d) of this section.

[61 FR 43426, Aug. 23, 1996, as amended at 62 FR 27984, May 22, 1997]



Sec. 648.121  Closures.

    (a) Winter closures. The Regional Administrator will monitor the 
harvest of commercial quota for each Winter period based on dealer 
reports, state data, and other available information and shall determine 
the date when the

[[Page 345]]

commercial quota for a Winter period will be harvested. NMFS shall close 
the EEZ to fishing for scup by commercial vessels for the remainder of 
the indicated period by publishing notification in the Federal Register 
advising that, effective upon a specific date, the commercial quota for 
that period has been harvested, and notifying vessel and dealer permit 
holders that no commercial quota is available for landing scup for the 
remainder of the period.
    (b) Summer closure. The Regional Administrator will monitor the 
Summer period state commercial quota based on dealer reports, state 
data, and other available information, and shall determine the date when 
a state's commercial quota will be harvested. NMFS shall publish 
notification in the Federal Register advising a state that, effective 
upon a specific date, its Summer period commercial quota has been 
harvested and notifying vessel and dealer permit holders that no Summer 
period commercial quota is available for landing scup in that state for 
the remainder of the period.

[62 FR 27985, May 22, 1997]



Sec. 648.122  Season and area restrictions.

    If the MAFMC determines through its annual review process that 
seasonal 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 who are issued a scup moratorium 
permit and who possess 200 lb or more (90.7 kg or more) of scup from 
November 1 through April 30 or 100 lb or more (45.4 kg or more) of scup 
from May 1 through October 31, must fish with nets that have a minimum 
mesh size of 4.5 inches (11.43 cm) diamond mesh, applied throughout the 
codend for at least 75 continuous meshes forward of the terminus of the 
net, or for codends with fewer 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

[[Page 346]]

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:
    (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.
    (3) Pot and trap identification. Pots or traps used in fishing for 
scup must be marked with a code of identification that may be the number 
assigned by the Regional Administrator and/or the identification marking 
as required by the vessel's home port state.

[61 FR 43426, Aug. 23, 1996, as amended at 61 FR 56126, Oct. 31, 1996; 
62 FR 12107, Mar. 14, 1997; 63 FR 72215, Dec. 31, 1998]



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 
Administrator 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

[[Page 347]]

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 222 and 223. 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.

[61 FR 43426, Aug. 23, 1996, as amended at 64 FR 14077, Mar. 23, 1999]



      Subpart I--Management Measures for the Black Sea Bass Fishery

    Source: 61 FR 58467, Nov. 15, 1996, unless otherwise noted.



Sec. 648.140  Catch quotas and other restrictions.

    (a) Annual review. The Black Sea Bass Monitoring Committee will 
review the following data, subject to availability, on or before August 
15 of each year to determine the allowable levels of fishing and other 
restrictions necessary to result in a target exploitation rate of 48 
percent for black sea bass in 1998, 1999, and 2000; a target 
exploitation rate of 37 percent in 2001 and 2002; and a target 
exploitation rate of 23 percent (based on Fmax) in 2003 and 
subsequent years: 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, pots and traps on the mortality of black sea bass; 
and any other relevant information.
    (b) Recommended measures. Based on this review, the Black Sea Bass 
Monitoring Committee will recommend to the Demersal Species Committee of 
the Council and the Commission the following measures to assure that the 
target exploitation rate specified in paragraph (a) of this section is 
not exceeded:
    (1) A commercial quota allocated to quarterly periods set from a 
range of (0) to the maximum allowed to achieve the specified target 
exploitation rate specified in paragraph (a) of this section. 
Implementation of this measure will begin in 1998.
    (2) A commercial trip limit for all moratorium vessels set from a 
range of (0) to the maximum allowed to assure that the quarterly quota 
is not exceeded.
    (3) Commercial minimum fish size.
    (4) Minimum mesh size in the codend or throughout the net and the 
catch threshold that will require compliance with the minimum mesh 
requirement.
    (5) Escape vent size.
    (6) A recreational possession limit set from a range of (0) to the 
maximum allowed to achieve the target exploitation rate specified in 
paragraph (a) of this section. Implementation of this measure will begin 
in 1998.
    (7) Recreational minimum fish size.
    (8) Recreational season. This measure may be adjusted beginning in 
1998.
    (9) Restrictions on gear other than otter trawls and pots or traps.
    (c) Annual fishing measures. The Demersal Species Committee shall 
review the recommendations of the Black Sea Bass Monitoring Committee. 
Based on these recommendations and any public comment, the Demersal 
Species Committee shall make its recommendations to the Council with 
respect to the measures necessary to assure that the target exploitation 
rate specified in paragraph (a) of this section is not exceeded. The 
Council shall review these recommendations and, based on the 
recommendations and

[[Page 348]]

public comment, make recommendations to the Regional Administrator with 
respect to the measures necessary to assure that the target exploitation 
rate specified in paragraph (a) of this section is not exceeded. 
Included in the recommendation will be supporting documents, as 
appropriate, concerning the environmental and economic impacts of the 
proposed action. The Regional Administrator will review these 
recommendations and any recommendations of the Commission. After such 
review, the Regional Administrator will publish a proposed rule in the 
Federal Register by October 15 to implement a commercial quota and a 
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 target exploitation rate specified in 
paragraph (a) of this section is not exceeded. After considering public 
comment, the Regional Administrator will publish a final rule in the 
Federal Register to implement the measures necessary to assure that the 
target exploitation rate specified in paragraph (a) of this section is 
not exceeded.
    (d) Distribution of annual quota. (1) Beginning January 1, 1998, a 
commercial quota will be allocated by quarterly periods based upon the 
following percentages:

                    Quarterly Commercial Quota Shares
------------------------------------------------------------------------
                                                                Share
                          Quarter                             (percent)
------------------------------------------------------------------------
January-March..............................................        38.64
April-June.................................................        29.26
July-September.............................................        12.33
October-December...........................................        19.77
------------------------------------------------------------------------

    (2) All black sea bass landed for sale in the states from North 
Carolina through Maine by a vessel with a moratorium permit issued under 
Sec. 648.4(a)(7) shall be applied against that quarter's commercial 
quota, regardless of where the black sea bass were harvested. All black 
sea bass harvested north of 35 deg.15.3' N. lat., and landed for sale in 
the states from North Carolina through Maine by any vessel without a 
moratorium permit and fishing exclusively in state waters will be 
counted against the quota by the state in which it is landed pursuant to 
the Fishery Management Plan for the Black Sea Bass Fishery adopted by 
the Commission. The Regional Administrator will determine the date on 
which the quarterly quota will be harvested and the EEZ north of 
35 deg.15.3' N. lat. closed. The Regional Administrator will publish a 
notice in the Federal Register advising that, upon that date, no vessel 
may possess black sea bass in the EEZ north of 35 deg.15.3' N. lat. 
during a closure, nor may vessels issued a moratorium permit land black 
sea bass during the closure. Individual states will have the 
responsibility to close their ports to landings of black sea bass during 
a closure pursuant to the Fishery Management Plan for the Black Sea Bass 
Fishery adopted by the Commission. Any overages of the commercial 
quarterly quota landed will be deducted from that quarter's quota for 
the following year.



Sec. 648.141  Closure.

    EEZ closure. The Regional Administrator shall close the EEZ to 
fishing for black sea bass by commercial vessels issued a moratorium 
permit for the remainder of the calendar year by publishing notification 
in the Federal Register if he or she determines that the action or 
inaction of one or more states will cause the applicable target 
exploitation rate specified in Sec. 648.140(a) to be exceeded. The 
Regional Administrator may reopen the EEZ if earlier action or inaction 
by a state has been remedied by that state without causing the 
applicable specified target exploitation rate to be exceeded.



Sec. 648.142  Time restrictions.

    Vessels that are not eligible for a moratorium permit under 
Sec. 648.4(a)(6) and fishermen subject to the possession limit may not 
fish for black sea bass from August 1 through August 15. This time 
period may be adjusted pursuant to the procedures in Sec. 648.140.

[63 FR 27868, May 21, 1998]

[[Page 349]]



Sec. 648.143  Minimum sizes.

    (a) The minimum size for black sea bass is 10 inches (25.4 cm) total 
length for all vessels issued a moratorium permit under Sec. 648.4(a)(7) 
that fish for or retain black sea bass in or from U.S. waters of the 
western Atlantic Ocean from 35 deg.15.3' N. Lat., the latitude of Cape 
Hatteras Light, North Carolina, northward to the U.S.-Canada border. The 
minimum size may be adjusted for commercial vessels pursuant to the 
procedures in Sec. 648.140.
    (b) The minimum size for black sea bass is 10 inches (25.4 cm) TL 
for all vessels that do not qualify for a moratorium permit, and party 
boats holding a moratorium permit if fishing with passengers for hire or 
carrying more than five crew members, or charter boats, holding a 
moratorium permit if fishing with more than three crew members. The 
minimum size may be adjusted for recreational vessels pursuant to the 
procedures in Sec. 648.140.
    (c) The minimum size in this section applies to the whole fish or 
any part of a fish found in possession (e.g., fillets), except that 
party or charter vessels possessing valid state permits authorizing 
filleting at sea may possess fillets smaller than the size specified if 
skin remains on the fillet and all other state requirements are met.

[61 FR 58467, Nov. 15, 1996, as amended at 63 FR 27868, May 21, 1998]



Sec. 648.144  Gear restrictions.

    (a) Trawl gear restrictions--(1) General. (i) Otter trawlers whose 
owners are issued a black sea bass moratorium permit and that land or 
possess 1,000 lb or more (453.6 kg or more) of black sea bass per trip, 
must fish with nets that have a minimum mesh size of 4.0 inches (10.2 
cm) diamond or 3.5 inches (8.9 cm) square (inside measure) 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 center of the head rope, 
excluding any turtle excluder device extension.
    (ii) Mesh sizes shall be measured pursuant to the procedure 
specified in Sec. 648.104(a)(2).
    (2) 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 (7.6 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, head ropes shall not be considered part of the top of 
the regulated portion of a trawl net.
    (3) 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 (a)(2) of this section, that 
obstructs the meshes of the net in any manner, or otherwise causes the 
size of the meshes of the net while in use to diminish to a size smaller 
than the minimum established pursuant to paragraph (a)(1)(i) of this 
section.
    (ii) No person on any vessel may possess or fish with a net capable 
of catching black sea bass in which the bars entering or exiting the 
knots twist around each other.
    (4) Stowage of nets. Otter trawl vessels subject to the minimum 
mesh-size requirement of paragraph (a)(1)(i) 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

[[Page 350]]

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.''
    (5) Roller gear. Rollers used in roller rig or rock hopper trawl 
gear shall be no larger than 18 inches (45.7 cm) in diameter.
    (b) Pot and trap gear restrictions--(1) Gear marking. The owner of a 
vessel issued a black sea bass moratorium permit must mark all black sea 
bass pots or traps with the vessel's USCG documentation number or state 
registration number.
    (2) Escape vents. All black sea bass traps or pots must have an 
escape vent placed in a lower corner of the parlor portion of the pot or 
trap which complies with one of the following minimum sizes: 1.125 
inches (2.86 cm) by 5.75 inches (14.61 cm); or a circular vent 2 inches 
(5.08 cm) in diameter; or a square vent with sides of 1.5 inches (3.81 
cm), inside measure; however, black sea bass traps or pots constructed 
of wooden laths may instead have an escape vent constructed by leaving a 
space of at least 1.125 inches (2.86 cm) between one set of laths in the 
parlor portion of the trap. The dimensions for escape vents and lath 
spacing may be adjusted pursuant to the procedures in Sec. 648.140.
    (3) Ghost panel. Black sea bass traps or pots must contain a ghost 
panel affixed to the trap or pot with degradable fasteners and hinges. 
The opening to be covered by the ghost panel must measure at least 3.0 
inches (7.62 cm) by 6.0 inches (15.24 cm). The ghost panel must be 
affixed to the pot or trap with hinges and fasteners made of one of the 
following degradable materials:
    (i) Untreated hemp, jute, or cotton string of 3/16 inches (4.8 mm) 
diameter or smaller; or
    (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.

[61 FR 58467, Nov. 15, 1996, as amended at 62 FR 25138, May 8, 1997; 62 
FR 66310, Dec. 18, 1997]



Sec. 648.145  Possession limit.

    A possession limit will be established pursuant to the procedures in 
Sec. 648.140 to assure that the recreational harvest limit is not 
exceeded.
    (a) If whole black sea bass are processed into fillets, an 
authorized officer will convert the number of fillets to whole black sea 
bass at the place of landing by dividing fillet number by two. If black 
sea bass are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole black sea bass.
    (b) Black sea bass 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 black sea bass on board by the 
number of persons aboard, 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.
    (c) Owners or operators of otter trawl vessels issued a moratorium 
permit under Sec. 648.4(a)(6) and fishing with, or possessing on board, 
nets or pieces of net that do not meet the minimum mesh requirements and 
that are not stowed in accordance with Sec. 648.144(a)(4), may not 
retain 1,000 lb (453.6 kg) or more of black sea bass. Black sea bass on 
board these vessels shall be stored so as to be readily available for 
inspection in a standard 100-lb (45.4-kg) tote.

[61 FR 58467, Nov. 15, 1996, as amended at 63 FR 11160, Mar. 6, 1998]



Sec. 648.146  Special management zones.

    The recipient of a Corps of Engineers permit for an artificial reef, 
fish attraction device, or other modification of habitat for purposes of 
fishing may request that an area surrounding and including the site be 
designated by the Council as a special management zone (SMZ). The SMZ 
will prohibit or restrain the use of specific types of fishing gear that 
are not compatible with the intent of the artificial reef or fish 
attraction device or other habitat modification. The establishment of an

[[Page 351]]

SMZ will be effected by a regulatory amendment pursuant to the following 
procedure:
    (a) A SMZ monitoring team comprised of members of staff from the 
Mid-Atlantic FMC, NMFS Northeast Region, and NMFS Northeast Fisheries 
Science Center will evaluate the request in the form of a written report 
considering the following criteria:
    (1) Fairness and equity.
    (2) Promotion of conservation.
    (3) Avoidance of excessive shares.
    (4) Consistency with the objectives of Amendment 9 to the Fishery 
Management Plan for the Summer Flounder, Scup and Black Sea Bass 
fisheries, the Magnuson-Stevens Act, and other applicable law.
    (5) The natural bottom in and surrounding potential SMZs.
    (6) Impacts on historical uses.
    (b) The Council Chairman may schedule meetings of Industry Advisors 
and/or the Scientific and Statistical Committee to review the report and 
associated documents and to advise the Council. The Council Chairman may 
also schedule public hearings.
    (c) The Council, following review of the SMZ monitoring teams's 
report, supporting data, public comments, and other relevant 
information, may recommend to the Regional Administrator that a SMZ be 
approved. Such a recommendation will be accompanied by all relevant 
background information.
    (d) The Regional Administrator will review the Council's 
recommendation. If the Regional Administrator concurs in the 
recommendation, he or she will publish a proposed rule in the Federal 
Register in accordance with the recommendations. If the Regional 
Administrator rejects the Council's recommendation, he or she shall 
advise the Council in writing of the basis for the rejection.
    (e) The proposed rule shall afford a reasonable period for public 
comment. Following a review of public comments and any information or 
data not previously available, the Regional Administrator will publish a 
final rule if he or she determines that the establishment of the SMZ is 
supported by the substantial weight of evidence in the administrative 
record and consistent with the Magnuson-Stevens Act and other applicable 
law.



    Subpart J--Management Measures for the Atlantic Bluefish Fishery

    Source: 62 FR 13300, Mar. 20, 1997, unless otherwise noted.



Sec. 648.160  Fishing year.

    The fishing year is from January 1 through December 31.



Sec. 648.161  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. 648.4(a)(8).
    (2) Bluefish caught while in possession of a permit meeting the 
requirements of Sec. 648.4(a)(8) 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 single (butterfly) fillets, 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 aboard, provided, however, that if a person or persons aboard 
are fishing under a permit meeting the requirements of Sec. 648.4(a)(8), 
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. After notice and 15 days 
opportunity for public comment, NMFS may adjust the possession limit 
within a range of 0

[[Page 352]]

to 15 Atlantic bluefish based on a recommendation of the MAFMC and 
Commission. NMFS will publish a notice of any proposed adjustment, 
together with the basis for such adjustment, in the Federal Register. 
After consideration of any public comments, NMFS may adjust the 
possession limit by publishing a notice of adjustment in the Federal 
Register.



Sec. 648.162  Catch monitoring, commercial controls, and gear restrictions.

    (a) The Bluefish 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 
Bluefish Committee will report to the MAFMC and the Commission.
    (b) The MAFMC and the Commission will review the report of the 
Bluefish 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 MAFMC 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 
the previous year's commercial share, the MAFMC and Commission will 
determine whether commercial controls are necessary. In making such a 
determination the MAFMC and Commission will consider:
    (1) The most recent catch data.
    (2) Trends in the fishery.
    (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 MAFMC 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 types, the MAFMC 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 Administrator will review any gear restrictions 
proposed by the MAFMC. If the Regional Administrator 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 Administrator will recommend that NMFS publish a notice of the 
proposed restrictions in the Federal Register with a 30-day public 
comment period. After publication of such notice and after consideration 
of any public comments, NMFS may impose such restrictions by publishing 
a notice of gear restrictions in the Federal Register.
    (g) NMFS may rescind any gear restriction if it finds, based on the 
advice of the MAFMC through the process set forth in paragraphs (a) and 
(b) of this section, that the restriction is no longer necessary.



Sec. 648.163  Closure of the fishery.

    The Regional Administrator 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.

[[Page 353]]



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.
649.22  Experimental fishing exemption.
649.23  Restricted gear areas.
649.24  Exempted waters for Maine State American lobster permits.

    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.

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 
          Area (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.
    Beam trawl means gear, consisting of a twine bag attached to a beam 
attached to a towing wire, designed so that the beam does not contact 
the bottom. The beam is constructed with sinkers or shoes on either side 
that support the beam above the bottom or any other modification so that 
the beam does not contact the bottom. The beam trawl is designed to 
slide along the bottom rather than dredge the bottom.
    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.

[[Page 354]]

    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.
    Mobile gear means trawls, beam trawls, and dredges that are designed 
to maneuver with that vessel.
    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 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.
    Trawl means gear consisting of a net that is towed, including but 
not limited to beam trawls, pair trawls, otter trawls, and Danish and 
Scottish seine gear.
    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.

[59 FR 31943, June 21, 1994, as amended at 62 FR 10750, Mar. 10, 1997]



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

[[Page 355]]

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 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.

[[Page 356]]

    (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, a vessel or permit 
applicant must have been issued a limited access lobster permit for the 
preceding year, be replacing a vessel that was issued a limited access 
lobster permit for the preceding year, or be replacing a vessel that was 
issued a confirmation of permit history. If more than one applicant 
claims eligibility to apply for a limited access American lobster permit 
or CPH based on one fishing and permit history, the Regional 
Administrator 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 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.
    (iii) Restriction on permit splitting. A limited access American 
lobster permit may not be issued to a vessel or to its replacement, or 
remain valid, if a vessel's permit or fishing history has been used to 
qualify another vessel for another Federal fishery.
    (iv) Consolidation restriction. Limited access permits may not be 
combined or consolidated.
    (v) 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, must apply for and receive 
a 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

[[Page 357]]

valid CPH preserves the eligibility of the applicant to apply for 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 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 Administrator no later than 30 days 
prior to the end of the first full fishing year in which a vessel permit 
cannot be issued. Failure to do so is considered abandonment of the 
permit as described in paragraph (q) of this section. A CPH issued under 
this part will remain valid until the fishing and permit history 
preserved by the CPH is used to qualify a replacement vessel for a 
limited access permit. 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 paragraph (b)(1)(i)(D) of this section.
    (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.
    (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.

[[Page 358]]

    (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 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

[[Page 359]]

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.
    (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

[[Page 360]]

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; 64 FR 8268, Feb. 19, 
1999]



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 must also 
provide two color passport- size photographs.

[[Page 361]]

    (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, mailing address(es) and 
telephone number(s); owner's name; dealer permit number (if a renewal); 
and name and

[[Page 362]]

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.
    (c) Numerals. The official number must be permanently affixed in 
contrasting block Arabic numerals at least

[[Page 363]]

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. 600.725 of this chapter, it is unlawful for any person owning or 
operating a vessel issued a Federal American lobster permit under 
Sec. 649.4 or a vessel or person holding a valid State of Maine American 
lobster permit or license and fishing under the provisions of and under 
the areas designated in Sec. 649.24 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) or a vessel or person holding a valid 
State of Maine American lobster permit or license and fishing under the 
provisions of and in the area designated under Sec. 649.24, 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 lobster 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. 600.725 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

[[Page 364]]

    (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
    (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; or
    (v) The American lobsters were harvested by a vessel or person 
holding a valid State of Maine American lobster permit or license that 
is fishing under the provisions of and in the areas designated in 
Sec. 649.24.
    (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 had been issued a 
valid Federal American lobster permit under Sec. 649.4, the American 
lobsters were harvested by a vessel without a Federal lobster permit 
that fishes for lobsters exclusively in State waters or unless the 
vessel or person holds a valid State of Maine American lobster permit or 
license and is fishing under the provisions of and in the areas 
designated in Sec. 649.24.
    (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 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 Federal American 
lobster permit under Sec. 649.4 or one holding or owned or operated by 
one holding a valid State of Maine American lobster permit or license 
and fishing under the provisions of and in the areas designated in 
Sec. 649.24, unless the American lobsters were harvested by a vessel 
without a Federal American lobster permit and that fishes for American 
lobster 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.
    (11) Fish, or be in the areas described in Sec. 649.23(a)(1), 
(b)(1), (c)(1), and (d)(1) on a fishing vessel with mobile gear during 
the time periods specified in Sec. 649.23(a)(2), (b)(2), (c)(2), and 
(d)(2), except as provided in Sec. 649.23(a)(2), (b)(2), (c)(2), and 
(d)(2).
    (12) Fish, or be in the areas described in Sec. 649.23(a)(1), 
(b)(1), and (c)(1) on a fishing vessel with lobster pot gear during the 
time periods specified in Sec. 649.23(a)(2), (b)(2), and (c)(2).
    (13) Deploy or fail to remove lobster pot gear in the areas 
described in Sec. 649.23(a)(1), (b)(1), and (c)(1) during the time 
periods specified in Sec. 649.23(a)(2), (b)(2), and (c)(2).
    (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

[[Page 365]]

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 will be sufficient to rebut 
the presumption.

[59 FR 31943, June 21, 1994, as amended at 61 FR 16883, Apr. 18, 1996; 
62 FR 9993, Mar. 5, 1997; 62 FR 10750, Mar. 10, 1997]



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

[[Page 366]]

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 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

[[Page 367]]

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:
    (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.



Sec. 649.23  Restricted gear areas.

    (a) Restricted Gear Area I. (1) Restricted Gear Area I is defined by 
straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 120
  69...........................  40 deg.07.9' N.      68 deg.36.0' W.
  70...........................  40 deg.07.2' N.      68 deg.38.4' W.
  71...........................  40 deg.06.9' N.      68 deg.46.5' W.
  72...........................  40 deg.08.7' N.      68 deg.49.6' W.
  73...........................  40 deg.08.1' N.      68 deg.51.0' W.
  74...........................  40 deg.05.7' N.      68 deg.52.4' W.
  75...........................  40 deg.03.6' N.      68 deg.57.2' W.
  76...........................  40 deg.03.65' N.     69 deg.00.0' W.
  77...........................  40 deg.04.35' N.     69 deg.00.5' W.
  78...........................  40 deg.05.2' N.      69 deg.00.5' W.
  79...........................  40 deg.05.3' N.      69 deg.01.1' W.
  80...........................  40 deg.08.9' N.      69 deg.01.75' W.
  81...........................  40 deg.11.0' N.      69 deg.03.8' W.
  82...........................  40 deg.11.6' N.      69 deg.05.4' W.
  83...........................  40 deg.10.25' N.     69 deg.04.4' W.
  84...........................  40 deg.09.75' N.     69 deg.04.15' W.
  85...........................  40 deg.08.45' N.     69 deg.03.6' W.
  86...........................  40 deg.05.65' N.     69 deg.03.55' W.
  87...........................  40 deg.04.1' N.      69 deg.03.9' W.
  88...........................  40 deg.02.65' N.     69 deg.05.6' W.
  89...........................  40 deg.02.00' N.     69 deg.08.35' W.
  90...........................  40 deg.02.65' N.     69 deg.11.15' W.
  91...........................  40 deg.00.05' N.     69 deg.14.6' W.
  92...........................  39 deg.57.8' N.      69 deg.20.35' W.
  93...........................  39 deg.56.65' N.     69 deg.24.4' W.
  94...........................  39 deg.56.1' N.      69 deg.26.35' W.
  95...........................  39 deg.56.55' N.     69 deg.34.1' W.
  96...........................  39 deg.57.85' N.     69 deg.35.5' W.
  97...........................  40 deg.00.65' N.     69 deg.36.5' W.
  98...........................  40 deg.00.9' N.      69 deg.37.3' W.
  99...........................  39 deg.59.15' N.     69 deg.37.3' W.
  100..........................  39 deg.58.8' N.      69 deg.38.45' W.
  102..........................  39 deg.56.2' N.      69 deg.40.2' W.
  103..........................  39 deg.55.75' N.     69 deg.41.4' W.
  104..........................  39 deg.56.7' N.      69 deg.53.6' W.
  105..........................  39 deg.57.55' N.     69 deg.54.05' W.
  106..........................  39 deg.57.4' N.      69 deg.55.9' W.
  107..........................  39 deg.56.9' N.      69 deg.57.45' W.
  108..........................  39 deg.58.25' N.     70 deg.03.0' W.
  110..........................  39 deg.59.2' N.      70 deg.04.9' W.
  111..........................  40 deg.00.7' N.      70 deg.08.7' W.
  112..........................  40 deg.03.75' N.     70 deg.10.15' W.
  115..........................  40 deg.05.2' N.      70 deg.10.9' W.
  116..........................  40 deg.02.45' N.     70 deg.14.1' W.
  119..........................  40 deg.02.75' N.     70 deg.16.1' W.
------------------------------------------------------------------------
to 181
                            Offshore Boundary
------------------------------------------------------------------------
to 69
  120..........................  40 deg.06.4' N.      68 deg.35.8' W.
  121..........................  40 deg.05.25' N.     68 deg.39.3' W.
  122..........................  40 deg.05.4' N.      68 deg.44.5' W.
  123..........................  40 deg.06.0' N.      68 deg.46.5' W.
  124..........................  40 deg.07.4' N.      68 deg.49.6' W.
  125..........................  40 deg.05.55' N.     68 deg.49.8' W.
  126..........................  40 deg.03.9' N.      68 deg.51.7' W.
  127..........................  40 deg.02.25' N.     68 deg.55.4' W.
  128..........................  40 deg.02.6' N.      69 deg.00.0' W.
  129..........................  40 deg.02.75' N.     69 deg.00.75' W.
  130..........................  40 deg.04.2' N.      69 deg.01.75' W.
  131..........................  40 deg.06.15' N.     69 deg.01.95' W.
  132..........................  40 deg.07.25' N.     69 deg.02.0' W.
  133..........................  40 deg.08.5' N.      69 deg.02.25' W.
  134..........................  40 deg.09.2' N.      69 deg.02.95' W.
  135..........................  40 deg.09.75' N.     69 deg.03.3' W.
  136..........................  40 deg.09.55' N.     69 deg.03.85' W.
  137..........................  40 deg.08.4' N.      69 deg.03.4' W.

[[Page 368]]

 
  138..........................  40 deg.07.2' N.      69 deg.03.3' W.
  139..........................  40 deg.06.0' N.      69 deg.03.1' W.
  140..........................  40 deg.05.4' N.      69 deg.03.05' W.
  141..........................  40 deg.04.8' N.      69 deg.03.05' W.
  142..........................  40 deg.03.55' N.     69 deg.03.55' W.
  143..........................  40 deg.01.9' N.      69 deg.03.95' W.
  144..........................  40 deg.01.0' N.      69 deg.04.4' W.
  146..........................  39 deg.59.9' N.      69 deg.06.25' W.
  147..........................  40 deg.00.6' N.      69 deg.10.05' W.
  148..........................  39 deg.59.25' N.     69 deg.11.15' W.
  149..........................  39 deg.57.45' N.     69 deg.16.05' W.
  150..........................  39 deg.56.1' N.      69 deg.20.1' W.
  151..........................  39 deg.54.6' N.      69 deg.25.65' W.
  152..........................  39 deg.54.65' N.     69 deg.26.9' W.
  153..........................  39 deg.54.8' N.      69 deg.30.95' W.
  154..........................  39 deg.54.35' N.     69 deg.33.4' W.
  155..........................  39 deg.55.0' N.      69 deg.34.9' W.
  156..........................  39 deg.56.55' N.     69 deg.36.0' W.
  157..........................  39 deg.57.95' N.     69 deg.36.45' W.
  158..........................  39 deg.58.75' N.     69 deg.36.3' W.
  159..........................  39 deg.58.8' N.      69 deg.36.95' W.
  160..........................  39 deg.57.95' N.     69 deg.38.1' W.
  161..........................  39 deg.54.5' N.      69 deg.38.25' W.
  162..........................  39 deg.53.6' N.      69 deg.46.5' W.
  163..........................  39 deg.54.7' N.      69 deg.50.0' W.
  164..........................  39 deg.55.25' N.     69 deg.51.4' W.
  165..........................  39 deg.55.2' N.      69 deg.53.1' W.
  166..........................  39 deg.54.85' N.     69 deg.53.9' W.
  167..........................  39 deg.55.7' N.      69 deg.54.9' W.
  168..........................  39 deg.56.15' N.     69 deg.55.35' W.
  169..........................  39 deg.56.05' N.     69 deg.56.25' W.
  170..........................  39 deg.55.3' N.      69 deg.57.1' W.
  171..........................  39 deg.54.8' N.      69 deg.58.6' W.
  172..........................  39 deg.56.05' N.     70 deg.00.65' W.
  173..........................  39 deg.55.3' N.      70 deg.02.95' W.
  174..........................  39 deg.56.9' N.      70 deg.11.3' W.
  175..........................  39 deg.58.9' N.      70 deg.11.5' W.
  176..........................  39 deg.59.6' N.      70 deg.11.1' W.
  177..........................  40 deg.01.35' N.     70 deg.11.2' W.
  178..........................  40 deg.02.6' N.      70 deg.12.0' W.
  179..........................  40 deg.00.4' N.      70 deg.12.3' W.
  180..........................  39 deg.59.75' N.     70 deg.13.05' W.
  181..........................  39 deg.59.3' N.      70 deg.14.0' W.
to 119
------------------------------------------------------------------------

    (2) Duration--(i) Mobile Gear. From October 1 through June 15, no 
fishing vessel with mobile gear or person on a fishing vessel with 
mobile gear may fish, or be in Restricted Gear Area I unless transiting. 
Vessels may transit this area provided that all mobile gear is on board 
the vessel while inside the area.
    (ii) Lobster pot gear. From June 16 through September 30, no fishing 
vessel with lobster pot gear or person on a fishing vessel with lobster 
pot gear may fish, and no lobster pot gear may be deployed or remain, in 
Restricted Gear Area I.
    (b) Restricted Gear Area II. (1) Restricted Gear Area II is defined 
by straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 1
  49...........................  40 deg.02.75' N.     70 deg.16.1' W.
  50...........................  40 deg.00.7' N.      70 deg.18.6' W.
  51...........................  39 deg.59.8' N.      70 deg.21.75' W.
  52...........................  39 deg.59.75' N.     70 deg.25.5' W.
  53...........................  40 deg.03.85' N.     70 deg.28.75' W.
  54...........................  40 deg.00.55' N.     70 deg.32.1' W.
  55...........................  39 deg.59.15' N.     70 deg.34.45' W.
  56...........................  39 deg.58.9' N.      70 deg.38.65' W.
  57...........................  40 deg.00.1' N.      70 deg.45.1' W.
  58...........................  40 deg.00.5' N.      70 deg.57.6' W.
  59...........................  40 deg.02.0' N.      71 deg.01.3' W.
  60...........................  39 deg.59.3' N.      71 deg.18.4' W.
  61...........................  40 deg.00.7' N.      71 deg.19.8' W.
  62...........................  39 deg.57.5' N.      71 deg.20.6' W.
  63...........................  39 deg.53.1' N.      71 deg.36.1' W.
  64...........................  39 deg.52.6' N.      71 deg.40.35' W.
  65...........................  39 deg.53.1' N.      71 deg.42.7' W.
  66...........................  39 deg.46.95' N.     71 deg.49.0' W.
  67...........................  39 deg.41.15' N.     71 deg.57.1' W.
  68...........................  39 deg.35.45' N.     72 deg.02.0' W.
  69...........................  39 deg.32.65' N.     72 deg.06.1' W.
  70...........................  39 deg.29.75' N.     72 deg.09.8' W.
to 48
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 49
  1............................  39 deg.59.3' N.      70 deg.14.0' W.
  2............................  39 deg.58.85' N.     70 deg.15.2' W.
  3............................  39 deg.59.3' N.      70 deg.18.4' W.
  4............................  39 deg.58.1' N.      70 deg.19.4' W.
  5............................  39 deg.57.0' N.      70 deg.19.85' W.
  6............................  39 deg.57.55' N.     70 deg.21.25' W.
  7............................  39 deg.57.5' N.      70 deg.22.8' W.
  8............................  39 deg.57.1' N.      70 deg.25.4' W.
  9............................  39 deg.57.65' N.     70 deg.27.05' W.
  10...........................  39 deg.58.58' N.     70 deg.27.7' W.
  11...........................  40 deg.00.65' N.     70 deg.28.8' W.
  12...........................  40 deg.02.2' N.      70 deg.29.15' W.
  13...........................  40 deg.01.0' N.      70 deg.30.2' W.
  14...........................  39 deg.58.58' N.     70 deg.31.85' W.
  15...........................  39 deg.57.05' N.     70 deg.34.35' W.
  16...........................  39 deg.56.42' N.     70 deg.36.8' W.
  21...........................  39 deg.58.15' N.     70 deg.48.0' W.
  24...........................  39 deg.58.3' N.      70 deg.51.1' W.
  25...........................  39 deg.58.1' N.      70 deg.52.25' W.
  26...........................  39 deg.58.05' N.     70 deg.53.55' W.
  27...........................  39 deg.58.4' N.      70 deg.59.6' W.
  28...........................  39 deg.59.8' N.      71 deg.01.05' W.
  29...........................  39 deg.58.2' N.      71 deg.05.85' W.
  30...........................  39 deg.57.45' N.     71 deg.12.15' W.
  31...........................  39 deg.57.2' N.      71 deg.15.0' W.
  32...........................  39 deg.56.3' N.      71 deg.18.95' W.
  33...........................  39 deg.51.4' N.      71 deg.36.1' W.
  34...........................  39 deg.51.75' N.     71 deg.41.5' W.
  35...........................  39 deg.50.05' N.     71 deg.42.5' W.
  36...........................  39 deg.50.0' N.      71 deg.45.0' W.
  37...........................  39 deg.48.95' N.     71 deg.46.05' W.
  38...........................  39 deg.46.6' N.      71 deg.46.1' W.
  39...........................  39 deg.43.5' N.      71 deg.49.4' W.
  40...........................  39 deg.41.3' N.      71 deg.55.0' W.
  41...........................  39 deg.39.0' N.      71 deg.55.6' W.
  42...........................  39 deg.36.72' N.     71 deg.58.25' W.
  43...........................  39 deg.35.15' N.     71 deg.58.55' W.
  44...........................  39 deg.34.5' N.      72 deg.00.75' W.
  45...........................  39 deg.32.2' N.      72 deg.02.25' W.
  46...........................  39 deg.32.15' N.     72 deg.04.1' W.
  47...........................  39 deg.28.5' N.      72 deg.06.5' W.
  48...........................  39 deg.29.0' N.      72 deg.09.25' W.
to 70
------------------------------------------------------------------------


[[Page 369]]

    (2) Duration--(i) Mobile Gear. From November 27 through June 15, no 
fishing vessel with mobile gear or person on a fishing vessel with 
mobile gear may fish, or be in Restricted Gear Area II unless transiting 
Vessels may transit this area provided that all mobile gear is on board 
the vessel while inside the area.
    (ii) Lobster pot gear. From June 16 through November 26, no fishing 
vessel with lobster pot gear or person on a fishing vessel with lobster 
pot gear may fish, and no lobster pot gear may be deployed or remain, in 
Restricted Gear Area II.
    (c) Restricted Gear Area III. (1) Restricted Gear Area III is 
defined by straight lines connecting the following points in the order 
stated, except as specified in paragraph (c)(3) of this section:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
to 49
  182..........................  40 deg.05.6' N.      70 deg.17.7' W.
  183..........................  40 deg.06.5' N.      70 deg.40.05' W.
  184..........................  40 deg.11.05' N.     70 deg.45.8' W.
  185..........................  40 deg.12.75' N.     70 deg.55.05' W.
  186..........................  40 deg.10.7' N.      71 deg.10.25' W.
  187..........................  39 deg.57.9' N.      71 deg.28.7' W.
  188..........................  39 deg.55.6' N.      71 deg.41.2' W.
  189..........................  39 deg.55.85' N.     71 deg.45.0' W.
  190..........................  39 deg.53.75' N.     71 deg.52.25' W.
  191..........................  39 deg.47.2' N.      72 deg.01.6' W.
  192..........................  39 deg.33.65' N.     72 deg.15.0' W.
to 70
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 182
  49...........................  40 deg.02.75' N.     70 deg.16.1' W.
  50...........................  40 deg.00.7' N.      70 deg.18.6' W.
  51...........................  39 deg.59.8' N.      70 deg.21.75' W.
  52...........................  39 deg.59.75' N.     70 deg.25.5' W.
  53...........................  40 deg.03.85' N.     70 deg.28.75' W.
  54...........................  40 deg.00.55' N.     70 deg.32.1' W.
  55...........................  39 deg.59.15' N.     70 deg.34.45' W.
  56...........................  39 deg.58.9' N.      70 deg.38.65' W.
  57...........................  40 deg.00.1' N.      70 deg.45.1' W.
  58...........................  40 deg.00.5' N.      70 deg.57.6' W.
  59...........................  40 deg.02.0' N.      71 deg.01.3' W.
  60...........................  39 deg.59.3' N.      71 deg.18.4' W.
  61...........................  40 deg.00.7' N.      71 deg.19.8' W.
  62...........................  39 deg.57.5' N.      71 deg.20.6' W.
  63...........................  39 deg.53.1' N.      71 deg.36.1' W.
  64...........................  39 deg.52.6' N.      71 deg.40.35' W.
  65...........................  39 deg.53.1' N.      71 deg.42.7' W.
  66...........................  39 deg.46.95' N.     71 deg.49.0' W.
  67...........................  39 deg.41.15' N.     71 deg.57.1' W.
  68...........................  39 deg.35.45' N.     72 deg.02.0' W.
  69...........................  39 deg.32.65' N.     72 deg.06.1' W.
  70...........................  39 deg.29.75' N.     72 deg.09.8' W.
to 192
------------------------------------------------------------------------

    (2) Duration--(i) Mobile Gear. From June 16 through November 26, no 
fishing vessel with mobile gear or person on a fishing vessel with 
mobile gear may fish, or be in Restricted Gear Area III unless 
transiting. Vessels may transit this area provided that all mobile gear 
is on board the vessel while inside the area.
    (ii) Lobster pot gear. From January 1 through April 30, no fishing 
vessel with lobster pot gear or person on a fishing vessel with lobster 
pot gear may fish, and no lobster pot gear may be deployed or remain, in 
Restricted Gear Area III.
    (d) Restricted Gear Area IV. (1) Restricted Gear Area IV is defined 
by straight lines connecting the following points in the order stated:

------------------------------------------------------------------------
             Point                     Latitude            Longitude
------------------------------------------------------------------------
                            Inshore Boundary
------------------------------------------------------------------------
  193..........................  40 deg.13.60' N.     68 deg.40.60' W.
  194..........................  40 deg.11.60' N.     68 deg.53.00' W.
  195..........................  40 deg.14.00' N.     69 deg.04.70' W.
  196..........................  40 deg.14.30' N.     69 deg.05.80' W.
  197..........................  40 deg.05.50' N.     69 deg.09.00' W.
  198..........................  39 deg.57.30' N.     69 deg.25.10' W.
  199..........................  40 deg.00.40' N.     69 deg.35.20' W.
  200..........................  40 deg.01.70' N.     69 deg.35.40' W.
  201..........................  40 deg.01.70' N.     69 deg.37.40' W.
  202..........................  40 deg.00.50' N.     69 deg.38.80' W.
  203..........................  40 deg.01.30' N.     69 deg.45.00' W.
  204..........................  40 deg.02.10' N.     69 deg.45.00' W.
  205..........................  40 deg.07.60' N.     70 deg.04.50' W.
  206..........................  40 deg.07.80' N.     70 deg.09.20' W.
to 119
------------------------------------------------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 193
  69...........................  40 deg.07.90' N.     68 deg.36.00' W.
  70...........................  40 deg.07.20' N.     68 deg.38.40' W.
  71...........................  40 deg.06.90' N.     68 deg.46.50' W.
  72...........................  40 deg.08.70' N.     68 deg.49.60' W.
  73...........................  40 deg.08.10' N.     68 deg.51.00' W.
  74...........................  40 deg.05.70' N.     68 deg.52.40' W.
  75...........................  40 deg.03.60' N.     68 deg.57.20' W.
  76...........................  40 deg.03.65' N.     69 deg.00.00' W.
  77...........................  40 deg.04.35' N.     69 deg.00.50' W.
  78...........................  40 deg.05.20' N.     69 deg.00.50' W.
  79...........................  40 deg.05.30' N.     69 deg.01.10' W.
  80...........................  40 deg.08.90' N.     69 deg.01.75' W.
  81...........................  40 deg.11.00' N.     69 deg.03.80' W.
  82...........................  40 deg.11.60' N.     69 deg.05.40' W.
  83...........................  40 deg.10.25' N.     69 deg.04.40' W.
  84...........................  40 deg.09.75' N.     69 deg.04.15' W.
  85...........................  40 deg.08.45' N.     69 deg.03.60' W.
  86...........................  40 deg.05.65' N.     69 deg.03.55' W.
  87...........................  40 deg.04.10' N.     69 deg.03.90' W.
  88...........................  40 deg.02.65' N.     69 deg.05.60' W.
  89...........................  40 deg.02.00' N.     69 deg.08.35' W.
  90...........................  40 deg.02.65' N.     69 deg.11.15' W.
  91...........................  40 deg.00.05' N.     69 deg.14.60' W.
  92...........................  39 deg.57.80' N.     69 deg.20.35' W.
  93...........................  39.56.75' N.         69 deg.24.40' W.
  94...........................  39 deg.56.50' N.     69 deg.26.35' W.
  95...........................  39.56.80' N.         69 deg.34.10' W.
  96...........................  39 deg.57.85' N.     69 deg.35.05' W.
  97...........................  40 deg.00.65' N.     69 deg.36.50' W.

[[Page 370]]

 
  98...........................  40 deg.00.90' N.     69 deg.37.30' W.
  99...........................  39 deg.59.15' N.     69 deg.37.30' W.
  100..........................  39 deg.58.80' N.     69 deg.38.45' W.
  102..........................  39 deg.56.20' N.     69 deg.40.20' W.
  103..........................  39 deg.55.75' N.     69 deg.41.40' W.
  104..........................  39 deg.56.70' N.     69 deg.53.60' W.
  105..........................  39 deg.57.55' N.     69 deg.54.05' W.
  106..........................  39 deg.57.40' N.     69 deg.55.90' W.
  107..........................  39 deg.56.90' N.     69 deg.57.45' W.
  108..........................  39 deg.58.25' N.     70 deg.03.00' W.
  110..........................  39 deg.59.20' N.     70 deg.04.90' W.
  111..........................  40 deg.00.70' N.     70 deg.08.70' W.
  112..........................  40 deg.03.75' N.     70 deg.10.15' W.
  115..........................  40 deg.05.20' N.     70 deg.10.90' W.
  116..........................  40 deg.02.45' N.     70 deg.14.1' W.
  119..........................  40 deg.02.75' N.     70 deg.16.1' W.
to 206
------------------------------------------------------------------------

    (2) Duration--(i) Mobile Gear. From June 16 through September 30, no 
fishing vessel with mobile gear or person on a fishing vessel with 
mobile gear may fish, or be in Restricted Gear Area IV unless 
transiting. Vessels may transit this area provided that all mobile gear 
is on board the vessel while inside the area.

[62 FR 10750, Mar. 10, 1997]



Sec. 649.24  Exempted waters for Maine State American lobster permits.

    A person or vessel holding a valid permit or license issued by the 
State of Maine that lawfully permits that person to engage in commercial 
fishing for American lobster may, with the approval of the State of 
Maine, engage in commercial fishing for American lobsters in the 
following areas designated as EEZ, if such fishing is conducted in such 
waters in accordance with all other applicable Federal and State 
regulations:
    (a) West of Monhegan Island in the area located north of the line 
43.5 deg.42'08'' N. lat., 69.5 deg.34'18'' W. long., and 
43.5 deg.42'15'' N. lat., 69.5 deg.19'18'' W. long.
    (b) East of Monhegan Island in the area located west of the line 
43.5 deg.44'00'' N. lat., 69.5 deg.15'05'' W. long., and 
43.5 deg.48'10'' N. lat., 69.5 deg.08'01'' W. long.
    (c) South of Vinalhaven in the area located west of the line 
43.5 deg.52'21'' N. lat., 68.5 deg.39'54'' W. long., and 
43.5 deg.48'10'' N. lat., 67.5 deg.40'33'' W. long.
    (d) South of Boris Bubert Island in the area located north of the 
line 44.5 deg.19'15'' N. lat, 67.5 deg.49'30'' W. long. and 
44.5 deg.23'5'' N. lat., 67.5 deg.40'33'' W. long.

[62 FR 9993, Mar. 5, 1997]



    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

[[Page 371]]

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.
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

[[Page 372]]

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 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

[[Page 373]]

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.



Sec. 649.44  Framework specifications.

    (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

[[Page 374]]

of reducing or controlling fishing mortality rates, except that an 
Individual Transferable Quota (ITQ) system would require a full FMP 
amendment.
    (e) The Council may develop a recommendation on measures to address 
gear conflicts as defined under 50 CFR 600.10 in accordance with the 
procedure specified in Sec. 648.55(d) and (e).
    (f) 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 or to 
impose management measures to resolve gear conflicts; and
    (4) Whether there will be a continuing evaluation of management 
measures adopted, following their promulgation as a final rule.
    (g) 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.
    (h) Nothing in this section shall impair the authority of the 
Secretary to take emergency action under section 305(c) of the Magnuson 
Act.

[59 FR 31943, June 21, 1994, as amended at 62 FR 1405, Jan. 10, 1997]

[[Page 375]]

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[[Page 376]]


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[[Page 377]]


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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.

[[Page 378]]

                     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 6 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 identification numbers 
and color codes for vessels and gear in the stone crab fishery in the 
management area. The moratorium will end not later than June 30, 2002. 
During the moratorium, fishermen must obtain identification numbers and 
color codes for these vessels and gear from the State of Florida. (See 
Sec. 654.6(a).)

[60 FR 13919, Mar. 15, 1995, as amended at 63 FR 44595, Aug. 20, 1998]



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-

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

[[Page 379]]

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 
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

[[Page 380]]

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 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

[[Page 381]]

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 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.

[[Page 382]]

    (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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[GRAPHIC] [TIFF OMITTED] TC03MR91.065


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[GRAPHIC] [TIFF OMITTED] TC03MR91.066


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PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN PACIFIC--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.
660.89  Framework procedures.

                    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--general.
660.334  Limited entry permits--``A'' endorsement.
660.335  Limited entry permits--``Provisional A'' endorsement.
660.336  Limited entry permits--sablefish endorsement and tier 
          assignment.
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.
660.350  Compensation with fish for collecting resource information--
          exempted fishing permits off Washington, Oregon, and 
          California.

                 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.

[[Page 387]]

660.409  Inseason actions.
660.410  Escapement and management goals.
660.411  Notification and publication procedures.

                   Subpart I--Northern Anchovy Fishery

660.501  Purpose and scope.
660.502  Definitions.
660.503  Relation to other laws.
660.504  Recordkeeping and reporting.
660.505  Vessel identification.
660.506  Prohibitions.
660.507  Facilitation of enforcement.
660.508  Penalties.
660.509  Harvest quota.
660.510  Closures.
660.511  Fishing seasons.
660.512  Closed areas.
660.513  Gear limitations.
Tables--Part 660
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.

[[Page 388]]

 
    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.
    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 Permit Area 1 VMS Subarea means an area within the EEZ 
off the NWHI 50 nm from the center geographical positions of the 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; 
Garner 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. The 
remainder of the VMS subarea is delimited by parallel lines tangent to 
and connecting the 50-nm areas around the following: from Nihoa Island 
to Necker Island; from French Frigate Shoals to Gardner Pinnacles; from 
Gardner Pinnacles to Maro Reef; from Laysan Island to Lisianski Island; 
and from Lisianski Island to Pearl and Hermes Reef.
    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

[[Page 389]]

    (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.
    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.
     Lobster grounds refers, singularly or collectively, to the 
following four areas in Crustaceans Permit Area 1 that shall be used to 
manage the lobster fishery:
    (1) Necker Island Lobster Grounds--waters bounded by straight lines 
connecting the following coordinates in the order presented: 24 deg.00' 
N. lat., 165 deg.00' W. long.; 24 deg.00' N. lat., 164 deg. 00' W. 
long.; 23 deg.00' N. lat., 164 deg.00' W. long.; and 23 deg.00' N. lat., 
165 deg.00' W. long.
    (2) Gardner Pinnacles Lobster Grounds--waters bounded by straight 
lines connecting the following coordinates in the order presented: 
25 deg.20' N.

[[Page 390]]

lat., 168 deg.20' W. long.; 25 deg.20' N. lat., 167 deg. 40' W. long.; 
24 deg.20' N. lat., 167 deg.40' W. long.; and 24 deg.20' N. lat., 
168 deg.20' W. long.
    (3) Maro Reef Lobster Grounds--waters bounded by straight lines 
connecting the following coordinates in the order presented: 25 deg.40' 
N. lat., 171 deg.00' W. long.; 25 deg.40' N. lat., 170 deg. 20' W. 
long.; 25 deg.00' N. lat., 170 deg.20' W. long.; and 25 deg.00' N. lat., 
171 deg.00' W. long.
    (4) General NWHI Lobster Grounds--all waters within Crustaceans 
Permit Area 1 except for the Necker Island, Gardner Pinnacles, and Maro 
Reef Lobster Grounds.
    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 and Sec. 660.61(i) 
through (m), 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, a territory, or the USCG for an 
undocumented vessel. As used in subpart F of this part and 
Sec. 660.61(c) through (h), the definition of ``owner'' in Sec. 600.10 
of this chapter continues to apply.
    Pacific Islands Area Office means the Pacific Islands Area Office, 
(PIAO) Southwest Region, NMFS, located in Honolulu, Hawaii. The address 
and phone number may be obtained from the Regional Administrator, whose 
address is in Table 1 to Sec. 600.502 of this chapter.
    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.

[[Page 391]]

 
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.32.5' 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.
    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.
    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).

[[Page 392]]

    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 owned by NMFS, installed on vessels by NMFS, and required by 
subpart C of this part to track and transmit the positions of longline 
vessels or the hardware and software used by vessels to track and 
transmit the positions of vessels permitted under subpart D of this part 
to fish in Crustaceans Permit Area 1.

[61 FR 34572, July 2, 1996, as amended at 62 FR 35449, July 1, 1997; 62 
FR 47587, Sept. 10, 1997; 62 FR 43294, Aug. 13, 1997; 63 FR 20540, Apr. 
27, 1998; 63 FR 29355, May 29, 1998; 64 FR 22811, Apr. 28, 1999; 64 FR 
36822, July 8, 1999]



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, 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) PIAO will not charge a fee for a permit issued under 
subpart D or F of this part, or for a Ho'omalu Zone limited access 
permit issued under Sec. 660.61.
    (2) PIAO will charge a fee for each application for a Hawaii 
longline limited access permit (including permit transfers and permit 
renewals) and Mau Zone limited access permit (including permit 
renewals). The amount of the fee is calculated in accordance with the 
procedures of the NOAA Finance Handbook, available from the Regional 
Administrator, 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 or Mau Zone limited access permit.
    (g) Expiration. (1) Permits issued under subparts C, D, and F of 
this part are valid for the period specified on the permit unless 
transferred, revoked,

[[Page 393]]

suspended, or modified under 15 CFR part 904.
    (2) Permits issued under subpart E of this part expire at 2400 local 
time on December 31.
    (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 under 
Secs. 660.21(h), 660.41(e), or 660.61(e), or for registration of a 
permit for use with a replacement vessel under Sec. 660.61(k), must be 
submitted to the PIAO 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.

[61 FR 34572, July 2, 1996, as amended at 64 FR 22812, Apr. 28, 1999]



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 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:

[[Page 394]]

    (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 relating to the harvest, sale, or transfer 
of 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. This requirement may be met by furnishing the information on 
a worksheet provided by the Regional Director. The information must 
include, but is not limited to:
    (i) The name of the vessel involved in each transaction and the 
owner or operator of the vessel.
    (ii) The amount, number, and size of each management unit species 
involved in each transaction.
    (iii) Prices paid by the buyer and proceeds to the seller in each 
transaction.
    (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.

[61 FR 34572, July 2, 1996, as amended at 62 FR 27524, May 20, 1997]



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 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

[[Page 395]]

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 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.

[[Page 396]]

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, 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.

[[Page 397]]



              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.
    (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

[[Page 398]]

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.
    (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

[[Page 399]]

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 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

[[Page 400]]

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'
------------------------------------------------------------------------

    (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'

[[Page 401]]

 
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) 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

[[Page 402]]

    (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 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

[[Page 403]]

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.
    (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.

[[Page 404]]

    (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 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

[[Page 405]]

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.
    (vi) In a lobster grounds after closure of that grounds as specified 
in Sec. 660.50(b).
    (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) Leave a trap unattended in the Management Area except as 
provided in Sec. 660.48.
    (5) 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.
    (6) 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.
    (7) 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).

[[Page 406]]

    (8) Possess on a fishing vessel that has a limited access permit 
issued under this subpart any lobster trap in Crustaceans Permit Area 1 
when fishing for lobster is prohibited as specified in Secs. 660.45(a), 
660.50, 660.51, or 660.52, except as allowed under Sec. 660.48(a)(7).
    (9) Possess on a fishing vessel that has a limited access permit 
issued under this subpart any lobster trap in Crustaceans Permit Area 1 
VMS Subarea when fishing for lobsters is prohibited as specified in 
Secs. 660.45(a), 660.50, 660.51, and 660.52, except as allowed under 
Sec. 660.48(a)(8).
    (10) Interfere with, tamper with, alter, damage, disable, or impede 
the operation of a VMS unit or to attempt any of the same while engaged 
in the Permit Area 1 fishery; or to move or remove a VMS unit while 
engaged in the Permit Area 1 fishery without first notifying the 
Regional Administrator.
    (11) Make a false statement, oral or written, to the Regional 
Administrator or an authorized officer, regarding the certification, 
use, operation, or maintenance of a VMS unit used in the fishery.
    (12) Fail to allow an authorized officer to inspect and certify a 
VMS unit used in the fishery.
    (13) Possess, on a fishing vessel that has a limited access permit 
issued under this subpart, any lobster trap in a lobster grounds that is 
closed under Sec. 660.50(b), unless the vessel has an operational VMS 
unit, certified by NMFS, on board.
    (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.
    (5) Possess on a fishing vessel that has a permit for Permit Area 2 
issued under this subpart any lobster trap in Permit Area 2 when fishing 
for lobster in the main Hawaiian Islands is prohibited during the months 
of May, June, July, and August.

[61 FR 34572, July 2, 1996, as amended at 62 FR 35449, July 1, 1997; 63 
FR 20540, Apr. 27, 1998; 64 FR 36822, July 8, 1999]



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 May, June, July, and August.

[61 FR 34572, July 2, 1996, as amended at 63 FR 20540, Apr. 27, 1998]



Sec. 660.46  Closed areas.

    All lobster fishing is prohibited:

[[Page 407]]

    (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.
    (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.
    (7) A vessel whose owner has a limited access permit issued under 
this subpart and has an operating VMS unit certified by the NMFS may 
enter Crustaceans Permit Area 1 with lobster traps on board on or after 
June 25, but must remain outside the Crustaceans Permit Area 1 VMS 
Subarea until the NWHI lobster season opens on July 1.
    (8) A vessel whose owner has a limited access permit issued under 
this subpart and has on board an operational VMS unit certified by NMFS 
may transit Crustaceans Permit Area 1, including Crustaceans Permit Area 
1 VMS Subarea, with lobster traps on board for the purpose of moving to 
another lobster grounds or returning to port following the closure date, 
as specified in Sec. 660.50, providing the vessel does not stop or fish 
and is making steady progress to another lobster grounds or back to port 
as determined by NMFS.
    (9) The operator of a permitted vessel must notify the Regional 
Administrator or an authorized officer no later than June 15 of each 
year if the vessel will use a VMS unit in the fishery and allow for 
inspection and certification of the unit.
    (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.

[61 FR 34572, July 2, 1996, as amended at 62 FR 35450, July 1, 1997; 63 
FR 20540, Apr. 27, 1998; 64 FR 36822, July 8, 1999]



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. Harvest guidelines for the Necker Island Lobster 
Grounds, Gardner Pinnacles Lobster Grounds, Maro Reef Lobster Grounds, 
and General NWHI Lobster Grounds 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.

[[Page 408]]

    (2) Be expressed in terms of numbers of lobsters.
    (b) Harvest guideline. (1) The Regional Administrator 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 after consultation with the Council.
    (2) NMFS shall publish a document indicating the annual harvest 
guideline in the Federal Register by February 28 of each year and shall 
use other means to notify permit holders of the harvest guideline for 
the year.
    (3) The Regional Administrator shall determine, on the basis of the 
information reported to NMFS by the operator of each vessel fishing, 
when the harvest guideline for each lobster ground will be reached.
    (4) Notice of the date when the harvest guideline for a lobster 
ground is expected to be reached and specification of the closure date 
of the lobster grounds will be provided to each permit holder and/or 
operator of each permitted vessel at least 24 hours in advance of the 
closure. After a closure, the harvest of lobster in that lobster ground 
is prohibited, and the possession of lobster traps on board the vessel 
in that lobster ground is prohibited unless allowed under 
Sec. 660.48(a)(8).
    (5) With respect to the notification in paragraph (b)(4) of this 
section, NMFS shall provide each permit holder and operator of each 
permitted vessel with the following information, as appropriate:
    (i) Determination of when the over-all harvest guideline for 
Crustaceans Permit Area 1 will be reached;
    (ii) Closure date after which harvest of lobster or possession of 
lobster traps on board the vessel in a lobster grounds is prohibited;
    (iii) Closure date after which the possession of lobster traps on 
board the vessel in Crustaceans Permit Area 1 is prohibited by any 
permitted vessel that is not operating a VMS unit certified by NMFS; and
    (iv) Specification of when further landings of lobster will be 
prohibited by permitted vessels not carrying an operational VMS unit, 
certified by NMFS, on board.
    (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.

[61 FR 34572, July 2, 1996, as amended at 62 FR 35450, July 1, 1997; 63 
FR 20541, Apr. 27, 1998; 64 FR 36822, July 8, 1999]



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.
    (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.

[[Page 409]]

    (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 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--

[[Page 410]]

    (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 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

[[Page 411]]

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 used to fish for 
bottomfish management unit species in the Northwestern Hawaiian Islands 
Subarea must have a permit issued under this section and the permit must 
be registered for use with the vessel.
    (2) The PIAO will not register a single vessel for use with a 
Ho'omalu Zone permit and a Mau Zone permit at the same time.
    (3) Mau Zone permits issued before June 14, 1999 become invalid June 
14, 1999, except that a permit issued to a person who submitted a timely 
application under paragraph (i) of this section is valid until the 
permit holder either receives a Mau Zone limited entry permit or until 
final agency action is taken on the permit holder's application. The 
Ho'omalu Zone and the Mau Zone limited entry systems described in this 
section are subject to abolition, modification, or additional effort 
limitation programs.
    (b) Submission. (1) An application for a permit required under this 
section must be submitted to the PIAO as described in Sec. 660.13. (2) 
Ho'omalu Zone limited access permit. In addition to an application under 
Sec. 660.13(c), each applicant for a Ho'omalu Zone permit must also 
submit a supplementary information sheet provided by the PIAO, which 
must 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;
    (ii) A copy 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; 
and
    (iii) If the application is filed by a partnership or corporation, 
the names of each of the individual partners or shareholders and their 
respective percentages of ownership of the partnership or corporation.
    (3) Mau Zone limited access permit. The PIAO will not accept 
applications for a new Mau Zone permit after June 14, 1999. In addition 
to an application under Sec. 660.13(c), each applicant for a Mau Zone 
permit must also submit a supplementary information sheet provided by 
the PIAO, which must 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;
    (ii) Copy of State of Hawaii catch report(s) to demonstrate that the 
permitted vessel had made qualifying landings of bottomfish from the Mau 
Zone; and
    (iii) If the application is filed by a partnership or corporation, 
the names of each of the individual partners or shareholders and their 
respective percentage of ownership of the partnership or corporation.
    (c) Sale or transfer of Ho'omalu limited access permits to new 
vessel owners. (1) A Ho'omalu zone permit may 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 
Administrator.
    (d) Transfer of Ho'omalu Zone limited access permits to replacement 
vessels. (1)

[[Page 412]]

Upon application by the owner of a permitted vessel, the Regional 
Administrator will transfer that owner's permit to a replacement vessel 
owned by that owner, provided that the replacement vessel does not 
exceed 60 ft (18.3 m) in length. The replacement vessel must be put into 
service no later than 12 months after the owner applies for the 
transfer, or the transfer shall be void.
    (2) An owner of a permitted vessel may apply to the Regional 
Administrator for transfer of that owner's permit to a replacement 
vessel greater than 60 ft (18.3 m) in length. The Regional Administrator 
may transfer the permit upon determining, after consultation with the 
Council and considering the objectives of the limited access program, 
that the replacement vessel has catching power that is comparable to the 
rest of the vessels holding permits for the fishery, or has catching 
power that does not exceed that of the original vessel, and that the 
transfer is not inconsistent with the objectives of the program. The 
Regional Administrator 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) Ho'omalu Zone limited access permit renewal. (1) A qualifying 
landing for Ho'omalu Zone permit renewal is a landing of at least 2,500 
lb (1,134 kg) of bottomfish management unit species from the Ho'omalu 
Zone or a landing of at least 2,500 lb (1,134 kg) of fish from the 
Ho'omalu Zone, of which at least 50 percent by weight was bottomfish 
management unit species. A permit is eligible for renewal for the next 
calendar year if the vessel covered by the permit made three or more 
qualifying landings during the current calendar 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 
Administrator for waiver of the landing requirement. If the Regional 
Administrator finds that failure to make three landings was due to 
circumstances beyond the owner's control, the Regional Administrator 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) Issuance of new Ho'omalu Zone limited access permits. The 
Regional Administrator may issue new Ho'omalu Zone limited access 
permits under Sec. 660.13 if the Regional Administrator determines, in 
consultation with the Council, that bottomfish stocks in the Ho'omalu 
Zone are able to support additional fishing effort.
    (g) Eligibility for new Ho'omalu Zone limited access permits. When 
the Regional Administrator 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 will be assigned for each year in 
which the applicant was owner or captain of a vessel that made three or 
more of any of the following types of landings in the NWHI:
    (A) Any amount of bottomfish management unit species, regardless of 
weight, if made on or before August 7, 1985;
    (B) At least 2,500 lb (1,134 kg) of bottomfish management unit 
species, if made after August 7, 1985; or
    (C) At least 2,500 lb (1,134 kg) of any fish lawfully harvested from 
the NWHI, of which at least 50 percent by weight was bottomfish, if made 
after August 7, 1985.
    (ii) One point will 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) For any one year, points will be assigned under either 
paragraph (g)(1)(i) or (g)(1)(ii) of this section, but not under both 
paragraphs.
    (iv) Before the Regional Administrator issues an 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.
    (2) Restrictions. An applicant must own at least a 25-percent share 
in the vessel that the permit would cover, and

[[Page 413]]

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 Administrator through a lottery.
    (4) Notification. The Regional Administrator 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) Eligibility for new Mau Zone limited access permits. (1) The 
PIAO will issue an initial Mau Zone permit to a vessel owner who 
qualifies for at least three points under the following point system:
    (i) An owner who held a Mau Zone permit on or before December 17, 
1991, and whose permitted vessel made at least one qualifying landing of 
bottomfish management unit species on or before December 17, 1991, shall 
be assigned 1.5 points.
    (ii) An owner whose permitted vessel made at least one qualifying 
landing of bottomfish management unit species during 1991, shall be 
assigned 0.5 point.
    (iii) An owner whose permitted vessel made at least one qualifying 
landing of bottomfish management unit species during 1992, shall be 
assigned 1.0 point.
    (iv) An owner whose permitted vessel made at least one qualifying 
landing of bottomfish management unit species during 1993, shall be 
assigned 1.5 points.
    (v) An owner whose permitted vessel made at least one qualifying 
landing of bottomfish management unit species during 1994, shall be 
assigned 2.0 points.
    (vi) An owner whose permitted vessel made at least one qualifying 
landing of bottomfish management unit species during 1995, shall be 
assigned 2.5 points.
    (vii) An owner whose permitted vessel made at least one qualifying 
landing of bottomfish management unit species during 1996, shall be 
assigned 3.0 points.
    (viii) Before the PIAO issues a Mau 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.
    (2) For purposes of this paragraph Sec. 660.61(h), a ``qualifying 
landing'' means any amount of bottomfish management unit species 
lawfully harvested from the Mau Zone and offloaded for sale. No points 
shall be assigned to an owner for any qualifying landings reported to 
the State of Hawaii more than 1 year after the landing.
    (3) More than one Mau Zone permit may be issued to an owner of two 
or more vessels, provided each of the owner's vessels for which a permit 
will be registered for use has made the required qualifying landings for 
the owner to be assigned at least three eligibility points.
    (4) A Mau Zone permit holder who does not own a vessel at the time 
initial permits are issued must register the permit for use with a 
vessel owned by the permit holder within 12 months from the date the 
permit was issued. In the interim, the permit holder may register the 
permit for use with a leased or chartered vessel. If within 12 months of 
initial permit issuance, the permit holder fails to apply to the PIAO to 
register the permit for use with a vessel owned by the permit holder, 
then the permit expires.
    (5) For each of paragraphs (h)(1)(i) through (h)(1)(viii) of this 
section, the PIAO shall assign points based on the landings of one 
permitted vessel to only one owner if the vessel did not have multiple 
owners during the time frame covered by the subordinate paragraphs. If a 
vessel had multiple owners during a time frame covered by any of 
paragraphs (h)(1)(i) through (h)(1)(viii) of this section (including 
joint owners, partners, or shareholders of a corporate owner), the PIAO 
will assign the points for that subordinate paragraph to a single owner 
if only one owner submits an application with respect to the landings of 
that vessel during that time frame. If multiple owners submit separate 
applications with respect to the same landings of the same vessel during 
the same time frame, then the PIAO shall:

[[Page 414]]

    (i) Adhere to any written agreement between the applicants with 
respect to who among them shall be assigned the aggregate point(s) 
generated by landings during such time frame(s), or
    (ii) If there is no agreement:
    (A) Shall issue the applicants a joint permit provided the vessel's 
landings during such time frames generated at least three points, or
    (B) In the event the vessel's landings during such time frame(s) 
generated less than three points, shall not assign any points generated 
by the vessel's landings during such time frame(s).
    (i) Ownership requirements and registration of Mau Zone limited 
access permits for use with other vessels. (1) A Mau Zone permit may be 
held by an individual, partnership, or corporation. No more than 49 
percent of the underlying ownership interest in a Mau Zone permit may be 
sold, leased, chartered, or otherwise transferred to another person or 
entity. If more than 49 percent of the underlying ownership of the 
permit passes to persons or entities other than those listed in the 
original permit application supplemental information sheet, then the 
permit expires and must be surrendered to the PIAO.
    (2) A Mau Zone permit holder may apply under Sec. 660.13 to the PIAO 
to register the permit for use with another vessel if that vessel is 
owned by the permit holder, and is no longer than 60 ft (18.3 m).
    (3) If a Mau Zone permit holder sells the vessel, for which the 
permit is registered for use, the permit holder must within 12 months of 
the date of sale apply to the PIAO to register the permit for use with a 
vessel owned by the permit holder. If the permit holder has not applied 
to register a replacement vessel within 12 months, then the permit 
expires.
    (4) If a permitted vessel owned by the permit holder is sold or 
becomes unseaworthy, the Mau Zone permit with which the vessel was 
registered may be registered for use with a leased or chartered vessel 
for a period not to exceed 12 months from the date of registration of 
the leased or chartered vessel. If by the end of that 12-month period 
the permit holder fails to apply to the PIAO to register the permit for 
use with a vessel owned by the permit holder, then the permit expires.
    (j) Mau Zone limited access permit renewal. (1) A Mau Zone permit 
will be eligible for renewal if the vessel for which the permit is 
registered for use made at least five separate fishing trips with 
landings of at least 500 lb (227 kg) of bottomfish management unit 
species per trip during the calender year. Only one landing of 
bottomfish management unit species per fishing trip to the Mau Zone will 
be counted toward the landing requirement.
    (2) If the vessel for which the permit is registered for use fails 
to meet the landing requirement of paragraph (j)(1) of this section, the 
owner may apply to the Regional Administrator for a waiver of the 
landing requirement. Grounds for a waiver are limited to captain 
incapacitation, vessel breakdowns, and the loss of the vessel at sea if 
the event prevented the vessel from meeting the landing requirement. 
Unprofitability is not sufficient for waiver of the landing requirement.
    (3) Failure of the permit holder to register a vessel for use under 
the permit does not exempt a permit holder from the requirements 
specified in this paragraph.
    (k) 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, or revocation of his or her permit to the 
Regional Administrator.
    (2) In order to be considered by the Regional Administrator, such 
appeal must be in writing, must state the action appealed, and the 
reasons therefore, and must be submitted within 30 days of the appealed 
action. The appellant may request an informal hearing on the appeal.
    (3) The Regional Administrator, in consultation with the Council, 
will decide the appeal in accordance with the FMP and implementing 
regulations and based upon information relative to the application on 
file at NMFS and the Council, the summary record kept of any hearing, 
the hearing officer's recommended decision, if any, and any other 
relevant information.
    (4) If a hearing is requested, or if the Regional Administrator 
determines

[[Page 415]]

that one is appropriate, the Regional Administrator may grant an 
informal hearing before a hearing officer designated for that purpose. 
The applicant or permit holder 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 Administrator.
    (5) The Regional Administrator may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
The Regional Administrator's decision on the application is the final 
administrative decision of the Department of Commerce, and is effective 
on the date the Administrator signs the decision.

[64 FR 22812, Apr. 28, 1999]



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, or retain on board a vessel, bottomfish management 
unit species in the Ho'omalu Zone or Mau Zone without the appropriate 
permit, registered for use with that vessel, issued under Sec. 660.13.
    (c) 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.
    (d) 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.
    (e) 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.

[61 FR 34572, July 2, 1996, as amended at 64 FR 22814, Apr. 28, 1999]



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 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

[[Page 416]]

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.
    (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,

[[Page 417]]

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.
    (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.
    (e) Five-year review. The Council will conduct a comprehensive 
review on the effectiveness of the Mau Zone limited access program 5 
years following implementation of the program. The Council will consider 
the extent to which the FMP objectives have been met and verify that the 
target number of vessels established for the fishery is appropriate for 
current fishing activity levels, catch rates, and biological condition 
of the stocks. The Council may establish a new target number based on 
the 5-year review.

[61 FR 34572, July 2, 1996, as amended at 64 FR 22814, Apr. 28, 1999]



Sec. 660.68  Fishing moratorium on Hancock Seamount.

    Fishing for bottomfish and seamount groundfish on the Hancock 
Seamount is prohibited through August 31, 2004.

[63 FR 35163, June 29, 1998]



Sec. 660.69  Management subareas.

    (a) The bottomfish fishery management area is divided into five 
subareas for the regulation of bottomfish and

[[Page 418]]

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 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

[[Page 419]]

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.
    (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.



Sec. 660.89  Framework procedures.

    (a) Introduction. Established management measures may be revised and 
new management measures may be established and/or revised through 
rulemaking if new information demonstrates that there are biological, 
social, or economic concerns in a precious coral permit area. The 
following framework process authorizes the implementation of measures 
that may affect the operation of the fisheries, gear, quotas, season, or 
levels of catch and/or in effort.
    (b) Annual report. By June 30 of each year, the Council-appointed 
Precious Coral Team will prepare an annual report on the fisheries in 
the management area. The report will contain,

[[Page 420]]

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) According to the framework procedures of Amendment 3 to the FMP, 
the Council may recommend to the Regional Administrator that established 
measures be modified, removed, or re-instituted. Such recommendation 
will include supporting rationale and analysis and will 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 Administrator.
    (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 3 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 a subsequent public meeting, 
the Council will consider public comments and other information received 
before making a recommendation to the Regional Administrator about any 
new measure. If approved by the Regional Administrator, NMFS may 
implement the Council's recommendation by rulemaking.

[63 FR 55810, Oct. 19, 1998]



               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, for recreational fisheries, and for 
compensation fishing under Sec. 660.350. 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

[[Page 421]]

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.
    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).
    (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

[[Page 422]]

    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
    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

[[Page 423]]

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.
     Optimum yield (OY) means the amount of fish that will provide the 
greatest overall benefit to the Nation, particularly with respect to 
food production and recreational opportunities, and, taking into account 
the protection of marine ecosystems, is prescribed as such on the basis 
of the MSY from the fishery, as reduced by any relevant economic, 
social, or ecological factor; and, in the case of an overfished fishery, 
provides for rebuilding to a level consistent with producing the MSY in 
such fishery. OY may be expressed numerically (as a harvest guideline, 
quota, or other specification) or non-numerically.
    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.
    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, retail sale, 
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.
    Processor means person, vessel, or facility that engages in 
processing; or receives live groundfish directly from a fishing vessel 
for retail sale without further processing.
    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

[[Page 424]]

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; optimum yield; 
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.
     Sustainable Fisheries Division (SFD) means the Chief, Sustainable 
Fisheries Division, Northwest Regional Office, NMFS, or a designee.
    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.

[61 FR 34572, July 2, 1996, as amended at 63 FR 34608, June 25, 1998; 63 
FR 40067, July 27, 1998; 64 FR 49100, Sept. 10, 1999]

    Effective Date Note: At 64 FR 49100, Sept. 10, 1999, Sec. 660.302 
was amended by adding the definitions ``Optimum yield'' and 
``Processor'' and revising the definitions of ``Commercial harvest 
guideline or commercial quota'', ``Processing or to process'', and 
``Specification'', effective Oct. 12, 1999. For the convenience of the 
user, the superseded text follows:

Sec. 660.302  Definitions.

                                * * * * *

    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.

                                * * * * *

    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.

                                * * * * *

    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.

                                * * * * *



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

[[Page 425]]

landings containing all data, and in the exact manner, required by the 
applicable state law.
    (c) Any person landing groundfish must retain on board the vessel 
from which groundfish is landed, and provide to an authorized officer 
upon request, copies of any and all reports of groundfish landings 
containing all data, and in the exact manner, required by the applicable 
state law throughout the cumulative limit period during which a landing 
occurred and for 15 days thereafter.

[61 FR 34572, July 2, 1996, as amended at 63 FR 34608, June 25, 1998; 63 
FR 40067, July 27, 1998]



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.

[[Page 426]]

    (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.
    (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. 660.323(c) 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 Sec. 600.745 of this chapter or Sec. 660.350.
    (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 
Sec. 660.350 or part 600 of this chapter.
    (f) Take and retain, possess, or land more groundfish than specified 
under Sec. 660.321 and Sec. 660.323, or under an EFP issued under 
Sec. 660.350 or 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, size limit, quota, or harvest guideline, if the vessel fished or 
landed in an area during a time when such trip limit, size limit, 
harvest guideline or quota applied.
    (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 whiting in the fishery management area during times or 
in areas where at-sea processing is prohibited for the sector in which 
the vessel participates, unless:
    (1) The fish are received from a member of a Pacific Coast treaty 
Indian tribe fishing under Sec. 660.324;
    (2) The fish are processed by a waste-processing vessel according to 
Sec. 660.323(a)(4)(vii); or
    (3) The vessel is completing processing of whiting taken on board 
during that vessel's primary season.
    (k) Take and retain or receive, except as cargo or fish waste, 
whiting on a vessel in the fishery management area that already 
possesses processed whiting on board, during times or in areas where at-
sea processing is prohibited for the sector in which the vessel 
participates, unless the fish are received from a member of a Pacific 
Coast treaty Indian tribe fishing under Sec. 660.324.
    (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, without having a 
limited entry permit valid for that vessel affixed

[[Page 427]]

with a gear endorsement for trawl gear, with the following exception. A 
vessel with groundfish on board may carry groundfish trawl gear if:
    (1) The vessel is in continuous transit from outside the fishery 
management area to a port in Washington, Oregon, or California; or
    (2) The vessel is a mothership, in which case trawl nets and doors 
must be stowed in a secured and covered manner, and detached from all 
towing lines, so as to be rendered unusable for fishing.
    (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 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, except a vessel may carry 
on board limited entry gear as provided in paragraph (m) of this 
section.
    (r) Refuse to submit fishing gear or 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.
    (s) During the ``regular'' or ``mop-up'' season described in 
Sec. 660.323(a)(2)(iii) and (iv), take and retain, possess or land 
sablefish taken and retained north of 36 deg. N. lat., with longline or 
trap (or pot) gear, by a vessel with a limited entry permit registered 
for use with that vessel and endorsed for longline or trap (or pot) 
gear, that does not have a sablefish endorsement.
    (t) During the ``regular'' or ``mop-up'' season described in 
Sec. 660.323(a)(2)(iii) and (iv), take and retain, possess or land 
sablefish taken and retained north of 36 deg. N. lat., with open access 
gear, by a vessel with a limited entry permit registered for use with 
that vessel and endorsed for longline or trap (or pot) gear, that does 
not have a sablefish endorsement.
    (u) Participate in the mothership or shoreside sector as a catcher 
vessel that does not process fish, if that vessel operates in the same 
calendar year as a catcher/processor in the whiting fishery, according 
to Sec. 660.323(a)(4)(ii)(B).
    (v) Operate as a waste-processing vessel within 48 hours of a 
primary season for whiting in which that vessel operates as a catcher/
processor or mothership, according to Sec. 660.323(a)(4)(vii).
    (w) Fail to keep the trawl doors on board the vessel and attached to 
the trawls on a vessel used to fish for whiting, when taking and 
retention is prohibited under Sec. 660.323(a)(3)(v).
    (x) Fail to retain on board a vessel from which groundfish is 
landed, and provide to an authorized officer upon request, copies of any 
and all reports of groundfish landings, or receipts containing all data, 
and made in the exact manner required by the applicable state law 
throughout the cumulative limit period during which such landings 
occurred and for 15 days thereafter.

[61 FR 34572, July 2, 1996, as amended at 61 FR 48643, Sept. 16, 1996; 
62 FR 27521, May 20, 1997; 62 FR 34674, June 27, 1997; 63 FR 34608, June 
25, 1998; 64 FR 49100, Sept. 10, 1999]

    Effective Date Note: At 64 FR 49100, Sept. 10, 1999, Sec. 660.306 
was amended by revising paragraphs (d), (e), and (f), effective Oct. 12, 
1999. For the convenience of the user, the superseded text follows:

Sec. 660.306  Prohibitions.

                                * * * * *

    (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.

                                * * * * *



Sec. 660.321  Specifications and management measures.

    (a) General. NMFS will establish and adjust specifications and 
management

[[Page 428]]

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 optimum yields (harvest guidelines and 
quotas), commercial harvest guidelines and quotas, limited entry and 
open access allocations, or other approved fishery allocations.
    (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.

[61 FR 34572, July 2, 1996, as amended at 64 FR 49100, Sept. 10, 1999]

    Effective Date Note: At 64 FR 49100, Sept. 10, 1999, Sec. 660.321 
was amended by revising paragraph (b), effective Oct. 12, 1999. For the 
convenience of the user, the superseded text follows:

Sec. 660.321  Specifications and management measures.

                                * * * * *

    (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.

                                * * * * *



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

[[Page 429]]

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 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 regular 
and mop-up seasons for the nontrawl limited entry sablefish fishery 
north of 36 deg. N. lat., except for paragraphs (a)(2)(ii), (iv), and 
(vii) of this section, which also apply to the open access fishery north 
of 36 deg. N. lat. Limited entry and open access fixed gear sablefish 
fishing south of 36 deg. N. lat. is governed by routine management 
measures imposed under paragraph (b) of this section.
    (i) Sablefish endorsement. A vessel may not participate in the 
regular or mop-up season for the nontrawl limited

[[Page 430]]

entry fishery, unless the vessel's owner holds (by ownership or 
otherwise) a limited entry permit for that vessel, affixed with both a 
gear endorsement for longline or trap (or pot) gear, and a sablefish 
endorsement.
    (ii) 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 during the 48 hours 
immediately before the start of the regular season for the nontrawl 
limited entry sablefish fishery.
    (B) All fixed gear used to take and retain groundfish must be out of 
EEZ waters during the 48 hours immediately before the opening of the 
regular season for the nontrawl limited entry sablefish fishery.
    (iii) Regular season--nontrawl limited entry sablefish fishery. (A) 
The Regional Administrator will announce a season for waters north of 
36 deg. N. lat. to start on any day from August 1 through September 30, 
based on consultations with the Council, taking into account tidal 
conditions, Council meeting dates, alternative fishing opportunities, 
and industry comments.
    (B) During the regular season, each vessel with a limited entry 
permit with a sablefish endorsement that is registered for use with that 
vessel may land up to the cumulative trip limit announced for the tier 
to which the permit is assigned. Each permit will be assigned to one of 
three tiers. A cumulative trip limit is the maximum amount of sablefish 
that may be taken and retained, possessed, or landed per vessel in a 
specified period of time, with no limit on the number of landings or 
trips.
    (C) The Regional Administrator will annually calculate the length of 
the regular season and the size of the cumulative trip limit for each 
tier in accordance with the process specified in chapter 1 of the EA/
RIR/IRFA for ``Fixed Gear Sablefish Tiered Cumulative Limits,'' dated 
February 1998, which is available from the Council. The season length 
and the size of the cumulative trip limits will vary depending on the 
amount of sablefish available for the regular and mop-up fisheries and 
the projected harvest for the fishery. The season will be set to be as 
long as possible, under the constraints described in chapter 1 of the 
EA/RIR/IRFA, up to a maximum season length of 10 days.
    (D) During the regular and mop-up season, limited entry nontrawl 
sablefish fishers may also be subject to trip limits to protect juvenile 
sablefish.
    (E) There will be no limited entry, daily trip limit fishery during 
the regular season.
    (iv) Post-season closure--limited entry and open access. No 
sablefish taken with fixed gear north of 36 deg. N. lat. during the 30 
hours immediately after the end of the regular season for the nontrawl 
limited entry sablefish fishery, may be retained. Sablefish taken and 
retained during the regular season may be possessed and landed during 
the 30-hour period. Gear may remain in water during the 30-hour post-
season closure. Fishers may not set or pull from the water fixed gear 
used to take and retain groundfish during the 30-hour post-season 
closure.
    (v) Mop-up season--limited entry fishery. A mop-up season to take 
the remainder of the limited entry nontrawl allocation will begin in 
waters north of 36 deg. N. lat. about 3 weeks, or as soon as 
practicable, after the end of the regular season. During the mop-up 
fishery, a cumulative trip limit will be imposed. A cumulative trip 
limit is the maximum amount of sablefish that may be taken and retained, 
possessed, or landed per vessel in a specified period of time, with no 
limit on the number of landings or trips. The length of the mop-up 
season and the amount of the cumulative trip limit, will be determined 
by the Regional Administrator in consultation with the Council or its 
designees, and will be based primarily on the amount of fish remaining 
in the limited entry nontrawl allocation, the amount of sablefish needed 
for the remainder of the daily trip limit fishery, and the number of 
mop-up participants anticipated. The Regional Administrator 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. There will be no limited entry daily trip limit fishery 
during the mop-up season.

[[Page 431]]

    (vi) Other announcements. The dates and times that the regular 
season starts and ends (and trip limits on sablefish of all sizes are 
resumed), the size of the cumulative trip limits for the three tiers in 
the regular fishery, the dates and times for the 30-hour post-season 
closure, the dates and times that the mop-up season begins and ends, and 
the size of the cumulative 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.
    (vii) 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 (whiting)--(i) Seasons. The primary seasons for 
the whiting fishery are: For the shore-based sector, the period(s) when 
the large-scale target fishery is conducted (when trip limits under 
paragraph (b) of this section are not in effect); for catcher/
processors, the period(s) when at-sea processing is allowed and the 
fishery is open for the catcher/processor sector; and for vessels 
delivering to motherships, the period(s) when at-sea processing is 
allowed and the fishery is open for the mothership sector. Before and 
after the primary seasons, trip landing or frequency limits may be 
imposed under paragraph (b) of this section. The sectors are defined at 
paragraph (a)(4) of this section.
    (A) North of 40 deg.30' N. lat. Different starting dates may be 
established for the catcher/processor sector, the mothership sector, 
catcher vessels delivering to shoreside processors north of 42 deg. N. 
lat., and catcher vessels delivering to shoreside processors between 
42 deg.-40 deg.30' N. lat.
    (1) Procedures. The primary seasons for the whiting fishery north of 
40 deg.30' N. lat. generally will be established according to the 
procedures in the PCGFMP for developing and implementing annual 
specifications and apportionments. The season opening dates remain in 
effect unless changed, but will be announced annually, generally with 
the annual specifications and management measures.
    (2) Criteria. The start of a primary season may be changed based on 
a recommendation from the Council and consideration of the following 
factors, if applicable: Size of the harvest guidelines for whiting and 
bycatch species; age/size structure of the whiting population; expected 
harvest of bycatch and prohibited species; availability and stock status 
of prohibited species; expected participation by catchers and 
processors; environmental conditions; timing of alternate or competing 
fisheries; industry agreement; fishing or processing rates; and other 
relevant information.
    (B) South of 40 deg.30' N. lat. The primary season starts on April 
15 south of 40 deg.30' N. lat.
    (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

[[Page 432]]

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. Whiting may not be processed at sea south of 
42 deg.00' N. lat. (Oregon-California border), unless by a waste-
processing vessel as authorized under paragraph (a)(4)(vii) of this 
section.
    (v) Time of day. Pacific whiting may not be taken and retained by 
any vessel in the fishery management area 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) Whiting--allocation--(i) Sectors and allocations. The commercial 
harvest guideline for whiting is allocated among three sectors, as 
follows.
    (A) Sectors. The catcher/processor sector is composed of catcher/
processors, which are vessels that harvest and process whiting during a 
calendar year. The mothership sector is composed of motherships and 
catcher vessels that harvest whiting for delivery to motherships. 
Motherships are vessels that process, but do not harvest, whiting during 
a calendar year. The shoreside sector is composed of vessels that 
harvest whiting for delivery to shore-based processors.
    (B) Allocations. The allocations are: 34 percent for the catcher/
processor sector; 24 percent for the mothership sector; and 42 percent 
for the shoreside sector. No more than 5 percent of the shoreside 
allocation may be taken and retained south of 42 deg. N. lat. before the 
start of the primary season north of 42 deg. N. lat. These allocations 
are harvest guidelines unless otherwise announced in the Federal 
Register.
    (ii) Additional restrictions on catcher/processors.
    (A) A catcher/processor may receive fish from a catcher vessel, but 
that catch is counted against the catcher/processor allocation unless 
the catcher/processor has been declared as a mothership under paragraph 
(a)(4)(ii)(C) of this section.
    (B) A catcher/processor may not also act as a catcher vessel 
delivering unprocessed whiting to another processor in the same calendar 
year.
    (C) When renewing its limited entry permit each year under 
Sec. 660.333, the owner of a catcher/processor used to take and retain 
whiting must declare if the vessel will operate solely as a mothership 
in the whiting fishery during the calendar year to which its limited 
entry permit applies. Any such declaration is binding on the vessel for 
the calendar year, even if the permit is transferred during the year, 
unless it is rescinded in response to a written request from the permit 
holder. Any request to rescind a declaration must made by the permit 
holder and granted in writing by the Regional Director before any 
unprocessed whiting has been taken on board the vessel that calendar 
year.
    (iii) Reaching an allocation. If the whiting harvest guideline, 
commercial harvest guideline, or a sector's allocation is reached, or is 
projected to be reached, the following action(s) for the applicable 
sector(s) may be taken as provided under paragraph (a)(4)(vi) of this 
section and will remain in effect until additional amounts are made 
available the next fishing year or under paragraph (a)(4)(iv) of this 
section.
    (A) Catcher/processor sector. Further taking and retaining, 
receiving, or at-sea processing of whiting by a catcher/processor is 
prohibited. No additional unprocessed whiting may be brought on board 
after at-sea processing is prohibited, but a catcher/processor may 
continue to process whiting that was on board before at-sea processing 
was prohibited.
    (B) Mothership sector. (1) Further receiving or at-sea processing of 
whiting by a mothership is prohibited. No additional unprocessed whiting 
may be brought on board after at-sea processing is prohibited, but a 
mothership may continue to process whiting that was on board before at-
sea processing was prohibited.

[[Page 433]]

    (2) Whiting may not be taken and retained, possessed, or landed by a 
catcher vessel participating in the mothership sector.
    (C) Shoreside sector. Whiting may not be taken and retained, 
possessed, or landed by a catcher vessel participating in the shoreside 
sector except as authorized under a trip limit specified under 
Sec. 660.323(b).
    (D) Shoreside south of 42 deg. N. lat. If 5 percent of the shoreside 
allocation for whiting is taken and retained south of 42 deg. N. lat. 
before the primary season for the shoreside sector begins north of 
42 deg. N. lat., then a trip limit specified under paragraph (b) of this 
section may be implemented south of 42 deg. N. lat. until the northern 
primary season begins, at which time the southern primary season would 
resume.
    (iv) Reapportionments. That portion of a sector's allocation that 
the Regional Director determines will not be used by the end of the 
fishing year shall be made available for harvest by the other sectors, 
if needed, in proportion to their initial allocations, on September 15 
or as soon as practicable thereafter. NMFS may release whiting again at 
a later date to ensure full utilization of the resource. Whiting not 
needed in the fishery authorized under Sec. 660.324 also may be made 
available.
    (v) Estimates. Estimates of the amount of 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 
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.
    (vi) Announcements. The Assistant Administrator will announce in the 
Federal Register when a harvest guideline, commercial harvest guideline, 
or an allocation of whiting is reached, or is projected to be reached, 
specifying the appropriate action being taken under paragraph 
(a)(4)(iii) of this section. The Regional Director will announce in the 
Federal Register any reapportionment of surplus whiting to other sectors 
on September 15, or as soon as practicable thereafter. In order to 
prevent exceeding the limits or to avoid underutilizing the resource, 
prohibitions against further taking and retaining, receiving, or at-sea 
processing of whiting, or reapportionment of surplus whiting 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.
    (vii) Processing fish waste at sea. A vessel that processes only 
fish waste (a ``waste-processing vessel'') is not considered a whiting 
processor and therefore is not subject to the allocations, seasons, or 
restrictions for catcher/processors or motherships while it operates as 
a waste-processing vessel. However, no vessel may operate as a waste-
processing vessel 48 hours immediately before and after a primary season 
for whiting in which the vessel operates as a catcher/processor or 
mothership. A vessel must meet the following conditions to qualify as a 
waste-processing vessel:
    (A) The vessel makes meal (ground dried fish), oil, or minced 
(ground flesh) product, but does not make, and does not have on board, 
surimi (fish paste with additives), fillets (meat from the side of the 
fish, behind the head and in front of the tail), or headed and gutted 
fish (head and viscera removed).
    (B) The amount of whole whiting on board does not exceed the trip 
limit (if any) allowed under paragraph (b) of this section.
    (C) Any trawl net and doors on board are stowed in a secured and 
covered manner, and detached from all towing lines, so as to be rendered 
unusable for fishing.
    (D) The vessel does not receive codends containing fish.

[[Page 434]]

    (E) The vessel's operations are consistent with applicable state and 
Federal law, including those governing disposal of fish waste at sea.
    (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, 
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; 62 FR 27522, May 20, 1997; 62 FR 45356, Aug. 27, 1997; 
63 FR 38113, July 15, 1998]



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.

[[Page 435]]

    (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 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.

[[Page 436]]



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 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 hold (by ownership or otherwise) a limited 
entry permit affixed with a gear endorsement registered for use with 
that vessel for the gear being fished. A sablefish endorsement is also 
required for a vessel to participate in the regular and/or mop-up 
seasons for the nontrawl, limited entry sablefish fishery, north of 
36 deg. N. lat. There are three types of gear endorsements: ``A,'' 
``Provisional A,'' and ``Designated species B.'' More than one type of 
gear endorsement may be affixed to a limited entry permit. While

[[Page 437]]

the limited entry fishery is open, vessels fishing under limited entry 
permits may also fish with open access gear; except that during a period 
when the limited entry fixed gear sablefish fishery is limited to those 
vessels with sablefish endorsements, a longline or pot (or trap) limited 
entry permit holder without a sablefish endorsement may not fish for 
sablefish 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) When the SFD transfers the limited entry permit on 
behalf of the permit holder, the SFD will reissue the permit in the name 
of the new permit holder with such gear and, if applicable, species 
endorsements and tier assignments as are eligible for transfer with the 
permit. Permit transfers will take effect on the first day of the next 
major limited entry cumulative limit period following the date of the 
transfer. Transfers of permits designated as participating in the ``B'' 
platoon will become effective on the first day of the next ``B'' platoon 
major limited entry cumulative limit period following the date of the 
transfer. No transfer is effective until the limited entry permit has 
been reissued as registered with the new vessel and the permit is in the 
possession of the new permit holder.
    (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 SFD and placed on board the vessel before it is used under the 
permit. Registration of a permit to be used with a new vessel will take 
effect on the first day of the next major limited entry cumulative limit 
period following the date of the transfer.
    (3) The major limited entry cumulative limit periods will be 
announced in the Federal Register each year with the annual 
specifications and management measures, or with routine management 
measures when the cumulative limit periods are changed.
    (4) 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.
    (5) 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 persons 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 provide evidence that qualification 
requirements are met. The owner of a permit endorsed for longline or 
trap (or pot) gear applying for a sablefish endorsement or a tier 
assignment under Sec. 660.336, paragraph (c) or (d) has the burden to 
submit evidence to prove that qualification requirements are met. A 
permit holder applying to register a limited entry permit has the burden 
to submit evidence to prove that registration 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.

[[Page 438]]

    (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) Limited entry permits may not be transferred to a different 
holder or registered for use with a different vessel more than once 
every 12 months, except in cases of death of the permit holder or if the 
permitted vessel is totally lost, as defined at Sec. 600.302. The 
exception for death of a permit holder applies for a permit held by a 
partnership or a corporation if the person or persons holding at least 
50 percent of the ownership interest in the entity dies. When a permit 
transferred from one holder to another holder is initially 
``unidentified'' with regard to vessel registration, or when a permit's 
vessel registration is otherwise ``unidentified'', the transaction is 
not considered a ``transfer'' for purposes of this restriction until the 
permit is registered for use with a specific vessel.
    (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 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.

[[Page 439]]

    (iii) 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. With respect to permits 
endorsed for nontrawl limited entry gear, a sablefish endorsement will 
be issued for the new permit only if all of the permits being combined 
have sablefish endorsements. If two or more permits with sablefish 
endorsements are combined, the new permit will receive the same tier 
assignment as the tier with the largest cumulative landing limit of the 
permits being combined. 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.

[61 FR 34572, July 2, 1996, as amended at 62 FR 34674, June 27, 1997; 63 
FR 34608, June 25, 1998; 63 FR 38114, July 15, 1998; 63 FR 40067, July 
27, 1998; 64 FR 41044, July 29, 1999]



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, except for sablefish harvested north of 36 deg. N. lat. 
during times and with gears for which a sablefish endorsement is 
required. See Sec. 660.336 for provisions regarding sablefish 
endorsement requirements.
    (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).

[61 FR 34572, July 2, 1996, as amended at 62 FR 34674, June 27, 1997]



Sec. 660.335  Limited entry permits--''Provisional A'' endorsement.

    (a) A ``provisional 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, except 
for sablefish harvested north of 36 deg. N. lat. during times and with 
gears for which a fixed gear sablefish endorsement is required. See 
Sec. 660.336 for provisions regarding sablefish endorsement 
requirements.
    (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.

[61 FR 34572, July 2, 1996, as amended at 62 FR 34674, June 27, 1997]



Sec. 660.336  Limited entry permits--sablefish endorsement and tier assignment.

    (a) General. Participation in the limited entry fixed gear sablefish 
fishery during the ``regular'' or ``mop-up'' season described in 
Sec. 660.323 (a)(2)(iii) and (iv) north of 36 deg. N. lat., requires 
that an owner of a vessel hold (by ownership or otherwise) a limited 
entry permit, registered for use with that vessel, with a longline or 
trap (or pot) endorsement and a sablefish endorsement. During a period 
when the limited entry sablefish fishery is restricted to those limited 
entry vessels with sablefish endorsements, a vessel with a longline or 
pot

[[Page 440]]

limited entry permit but without a sablefish endorsement cannot be used 
to harvest sablefish in the open access fishery, even with open access 
gear.
    (1) A sablefish endorsement with a tier assignment will be affixed 
to the permit and will remain valid when the permit is transferred.
    (2) A sablefish endorsement and its associated tier assignment are 
not separable from the limited entry permit, and therefore may not be 
transferred separately from the limited entry permit.
    (b) Endorsement and tier assignment qualifying criteria. A sablefish 
endorsement will be affixed to any limited entry permit that meets the 
sablefish endorsement qualifying criteria and for which the owner 
submits a timely application. Limited entry permits with sablefish 
endorsements will be assigned to one of three different cumulative trip 
limit tiers, based on the qualifying catch history of the permit.
    (1) Permit catch history will be used to determine whether a permit 
meets the qualifying criteria for a fixed gear sablefish endorsement and 
to determine the appropriate tier assignment for endorsed permits. 
Permit catch history includes the catch history of the vessel(s) that 
initially qualified for the permit, and subsequent catch histories 
accrued when the limited entry permit or permit rights were associated 
with other vessels. The catch history of a permit also includes the 
catch of any interim permit held by the current owner of the permit 
during the appeal of an initial NMFS decision to deny the initial 
issuance of a limited entry permit, but only if the appeal for which an 
interim permit was issued was lost by the appellant, and the owner's 
current permit was used by the owner in the 1995 limited entry sablefish 
fishery. The catch history of an interim permit where the full ``A'' 
permit was ultimately granted will also be considered part of the catch 
history of the ``A'' permit. If the current permit is the result of the 
combination of multiple permits, then for the combined permit to qualify 
for an endorsement, at least one of the permits that were combined must 
have had sufficient sablefish history to qualify for an endorsement; or 
the permit must qualify based on catch occurring after it was combined, 
but taken within the qualifying period. If the current permit is the 
result of the combination of multiple permits, the combined catch 
histories of all of the permits that were combined to create a new 
permit before March 12, 1998, will be used in calculating the tier 
assignment for the resultant permit, together with any catch history 
(during the qualifying period) of the resultant permit. Only sablefish 
catch regulated by this part that was taken with longline or fish trap 
(or pot) gear will be considered for this endorsement. Sablefish 
harvested illegally or landed illegally will not be considered for this 
endorsement.
    (2) The sablefish endorsement qualifying criteria are: At least 
16,000 lb (7,257.5 kg) round weight of sablefish caught with longline or 
trap (or pot) gear in one calendar year from 1984 through 1994. All 
catch must be sablefish managed under this part. Sablefish taken in 
tribal set-aside fisheries does not qualify.
    (3) Only limited entry, fixed gear permits with sablefish 
endorsements will receive cumulative trip limit tier assignments. The 
qualifying criteria for Tier 1 are: At least 898,000 lb (406,794 kg) 
cumulative round weight of sablefish caught with longline or trap (or 
pot) gear over the years 1984 through 1994. The qualifying criteria for 
Tier 2 are: At least 380,000 lb (172,365 kg), but no more than 897,999 
lb (406,793 kg) cumulative round weight of sablefish caught with 
longline or trap (or pot) gear over the years 1984 through 1994. Fixed 
gear permits with less than 380,000 lb (172,365 kg) cumulative round 
weight of sablefish caught with longline or trap (or pot) gear over the 
years 1984 through 1994 qualify for Tier 3. All catch must be sablefish 
managed under this part. Sablefish taken in tribal set aside fisheries 
does not qualify.
    (c) Issuance process for sablefish endorsements. (1) The SFD has 
notified each limited entry, fixed gear permit holder, by letter of 
qualification status, whether Pacific States Marine Fisheries 
Commission's Pacific Fisheries Information Network (PacFIN) records 
indicate that his or her permit qualifies for a sablefish endorsement. A

[[Page 441]]

person who has been notified by the SFD, by letter of qualification 
status, that his or her permit qualifies for a sablefish endorsement 
will be issued a revised limited entry permit with a sablefish 
endorsement if, by November 30, 1998, that person returns to the SFD the 
endorsement application and pays the one-time processing fee. No new 
applications for sablefish endorsements will be accepted after November 
30, 1998.
    (2) If the permit owner receives a letter of qualification status 
from the FMD indicating that PacFIN records do not show that his or her 
permit qualifies for a sablefish endorsement and if the permit owner 
believes that there is sufficient evidence to show that his or her 
permit does qualify for an endorsement, that permit holder must submit 
information to the FMD to demonstrate that the permit does qualify for a 
sablefish endorsement within 30 days of the issuance of the FMD's letter 
of qualification status. Section 660.333(d) sets out the relevant 
evidentiary standards and burden of proof.
    (3) After review of the evidence submitted under Sec. 660.336(c)(2), 
and any additional information the FMD finds to be relevant, the FMD 
will notify a permit owner if the permit qualifies for a sablefish 
endorsement. A person whose permit qualifies will be issued a revised 
limited entry permit with a sablefish endorsement upon payment of the 
one-time processing fee.
    (4) After review of the evidence submitted under Sec. 660.336(c)(2), 
and any additional information the FMD finds to be relevant, the FMD 
will notify a permit owner of his determination that the permit does not 
qualify for a sablefish endorsement.
    (5) If permit holder wishes to file an appeal of the determination 
under Sec. 660.336(c)(4), the appeal must be filed with the Regional 
Administrator within 30 days of the issuance of the letter (at 
Sec. 660.336(c)(4)). The appeal must be in writing and must allege facts 
or circumstances, and include credible evidence, demonstrating why the 
permit (or interim permit) qualifies for the sablefish endorsement. The 
appeal of a denial of a sablefish endorsement will not be referred to 
the Council for a recommendation under Sec. 660.340(e).
    (6) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 45 days of receipt of 
the appeal. The Regional Administrator's decision is the final 
administrative decision of the Department of Commerce as of the date of 
the decision.
    (d) Issuance process for tier assignments. (1) The SFD will notify 
each owner of a limited entry permit with a sablefish endorsement, by 
letter of qualification status, of the tier assignment for which his or 
her permit qualifies, as indicated by PacFIN records. The SFD will also 
send to the permit owner a tier assignment certificate.
    (2) If a permit owner believes there is sufficient evidence to show 
that his or her permit qualifies for a different tier than that listed 
in the letter of qualification status, that permit owner must, within 30 
days of the issuance of the SFD's letter of qualification status, submit 
information to the SFD to demonstrate that the permit qualifies for a 
different tier. Section 660.333(d) sets out the relevant evidentiary 
standards and burden of proof.
    (3) After review of the evidence submitted under paragraph (d)(2) of 
this section, and any additional information the SFD finds to be 
relevant, the SFD will issue a letter of determination notifying a 
permit owner of whether the evidence submitted is sufficient to alter 
the initial tier assignment. If the SFD determines the permit qualifies 
for a different tier, the permit owner will be issued a revised tier 
assignment certificate once the initial certificate is returned to the 
SFD for processing.
    (4) If a permit owner chooses to file an appeal of the determination 
under paragraph (d)(3) of this section, the appeal must be filed with 
the Regional Administrator within 30 days of the issuance of the letter 
of determination (at paragraph (d)(3) of this section). The appeal must 
be in writing and must allege facts or circumstances, and include 
credible evidence demonstrating why the permit qualifies for a different 
tier assignment. The appeal

[[Page 442]]

of a denial of an application for a different tier assignment will not 
be referred to the Council for a recommendation under Sec. 660.340(e).
    (5) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 30 days of receipt of 
the appeal. The Regional Administrator's decision is the final 
administrative decision of the Department of Commerce as of the date of 
the decision.
    (e) Tier assignment certificates. For the 1998 season only, permit 
holders with sablefish endorsements will be issued certificates of tier 
assignment that are to be kept with and are considered part of their 
limited entry permits. When limited entry permit holders renew their 
permits for 1999, tier assignments for those limited entry permit 
holders with sablefish endorsements will be indicated directly on the 
limited entry permit.

[62 FR 34674, June 27, 1997, as amended at 63 FR 38114, July 15, 1998]



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.

[[Page 443]]

    (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 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

[[Page 444]]

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.



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.



Sec. 660.350  Compensation with fish for collecting resource information--exempted fishing permits off Washington, Oregon, and California.

    In addition to the reasons stated in Sec. 600.745(b)(1) of this 
chapter, an EFP may be issued under this subpart G for the purpose of 
compensating the owner or operator of a vessel for collecting resource 
information according to a protocol approved by NMFS. NMFS may issue an 
EFP allowing a vessel to retain fish as compensation in excess of trip 
limits or to be exempt from other specified management measures for the 
Pacific coast groundfish fishery.
    (a) Compensation EFP for vessels under contract with NMFS to conduct 
a resource survey. NMFS may issue an EFP to the owner or operator of a 
vessel that conducted a resource survey according to a contract with 
NMFS. A vessel's total compensation from all sources (in terms of 
dollars or amount of fish, including fish from survey samples or 
compensation fish) will be determined through normal Federal procurement 
procedures. The compensation EFP will specify the maximum amount or 
value of fish the vessel may take and retain after the resource survey 
is completed.
    (1) Competitive offers. NMFS may initiate a competitive solicitation 
(request for proposals or RFP) to select vessels to conduct resource 
surveys that use fish as full or partial compensation, following normal 
Federal procurement procedures.
    (2) Consultation and approval. At a Council meeting, NMFS will 
consult with the Council and receive public comment on upcoming resource 
surveys to be conducted if groundfish could be used as whole or partial 
compensation. Generally, compensation fish would be similar to surveyed 
species, but there may be reasons to provide payment with healthier, 
more abundant, less restricted stocks, or more easily targeted species. 
For example, NMFS may decline to pay a vessel with species that are, or 
are expected to be, overfished, or that are subject to overfishing, or 
that are unavoidably caught with species that are overfished or subject 
to overfishing. NMFS may also consider levels of discards, bycatch, and 
other factors. If the Council does not approve providing whole or 
partial compensation for the conduct of a survey, NMFS will not use 
fish, other than fish taken during the scientific research, as 
compensation for that survey. For each proposal, NMFS will present:
    (i) The maximum number of vessels expected or needed to conduct the 
survey,
    (ii) An estimate of the species and amount of fish likely to be 
needed as compensation,
    (iii) When the survey and compensation fish would be taken, and
    (iv) The year in which the compensation fish would be deducted from 
the ABC before determining the optimum yield (harvest guideline or 
quota).
    (3) Issuance of the compensation EFP. Upon successful completion of 
the survey, NMFS will issue a ``compensation EFP'' to the vessel if it 
has not been fully compensated. The procedures in

[[Page 445]]

Sec. 600.745(b)(1) through (b)(4) of this chapter do not apply to a 
compensation EFP issued under this subpart for the Pacific coast 
groundfish fishery (50 CFR part 660, subpart G).
    (4) Terms and conditions of the compensation EFP. Conditions for 
disposition of bycatch or any excess catch, for reporting the value of 
the amount landed, and other appropriate terms and conditions may be 
specified in the EFP. Compensation fishing must occur during the period 
specified in the EFP, but no later than the end of September of the 
fishing year following the survey, and must be conducted according to 
the terms and conditions of the EFP.
    (5) Reporting the compensation catch. The compensation EFP may 
require the vessel owner or operator to keep separate records of 
compensation fishing and to submit them to NMFS within a specified 
period of time after the compensation fishing is completed.
    (6) Accounting for the compensation catch. As part of the annual 
specifications process (Sec. 660.321), NMFS will advise the Council of 
the amount of fish authorized to be retained under a compensation EFP, 
which then will be deducted from the next year's ABCs before setting the 
HGs or quotas. Fish authorized in an EFP too late in the year to be 
deducted from the following year's ABC will be accounted for in the next 
management cycle practicable.
    (b) Compensation for commercial vessels collecting resource 
information under a standard EFP. NMFS may issue an EFP to allow a 
commercial fishing vessel to take and retain fish in excess of current 
management limits for the purpose of collecting resource information 
(Sec. 600.745(b) of this chapter). The EFP may include a compensation 
clause that allows the participating vessel to be compensated with fish 
for its efforts to collect resource information according to NMFS' 
approved protocol. If compensation with fish is requested in an EFP 
application, or proposed by NMFS, the following provisions apply in 
addition to those at Sec. 600.745(b) of this chapter.
    (1) Application. In addition to the requirements in Sec. 600.745(b) 
of this chapter, application for an EFP with a compensation clause must 
clearly state whether a vessel's participation is contingent upon 
compensation with groundfish and, if so, the minimum amount (in metric 
tons, round weight) and the species. As with other EFPs issued under 
Sec. 600.745 of this chapter, the application may be submitted by any 
individual, including a state fishery management agency or other 
research institution.
    (2) Denial. In addition to the reasons stated in 
Sec. 600.745(b)(3)(iii) of this chapter, the application will be denied 
if the requested compensation fishery, species, or amount is 
unacceptable for reasons such as, but not limited to, the following: 
NMFS concludes the value of the resource information is not commensurate 
with the value of the compensation fish; the proposed compensation 
involves species that are (or are expected to be) overfished or subject 
to overfishing, fishing in times or areas where fishing is otherwise 
prohibited or severely restricted, or fishing for species that would 
involve unavoidable bycatch of species that are overfished or subject to 
overfishing; or NMFS concludes the information can reasonably be 
obtained at a less cost to the resource.
    (3) Window period for other applications. If the RA or designee 
agrees that compensation should be considered, and that more than a 
minor amount would be used as compensation, then a window period will be 
announced in the Federal Register during which additional participants 
will have an opportunity to apply. This notification would be made at 
the same time as announcement of receipt of the application and request 
for comments required under Sec. 660.745(b). If there are more qualified 
applicants than needed for a particular time and area, NMFS will choose 
among the qualified vessels, either randomly, in order of receipt of the 
completed application, or by other impartial selection methods. If the 
permit applicant is a state, university, or Federal entity other than 
NMFS, and NMFS approves the selection method, the permit applicant may 
choose among the qualified vessels, either randomly, in order of receipt 
of the vessel application, or by other impartial selection methods.

[[Page 446]]

    (4) Terms and conditions. The EFP will specify the amounts that may 
be taken as scientific samples and as compensation, the time period 
during which the compensation fishing must occur, management measures 
that NMFS will waive for a vessel fishing under the EFP, and other terms 
and conditions appropriate to the fishery and the collection of resource 
information. NMFS may require compensation fishing to occur on the same 
trip that the resource information is collected.
    (5) Accounting for the catch. Samples taken under this EFP, as well 
as any compensation fish, count toward the current year's catch or 
landings.

[64 FR 49101, Sept. 10, 1999]

    Effective Date Note: At 64 FR 49101, Sept. 10, 1999, Sec. 660.350 
was added, effective Oct. 12, 1999.



                 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"

[[Page 447]]

 
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"
 

    (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.

[[Page 448]]



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 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

[[Page 449]]

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.



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

[[Page 450]]

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 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

[[Page 451]]

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 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

[[Page 452]]

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.
    (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

[[Page 453]]

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 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.

    Editorial Note: At 64 FR 26328, May 14, 1999, the following 
paragraph (c)(2)(iv) was revised, effective June 14, 1999, however, the 
effectiveness of Sec. 660.408 has never been established since approval 
of the information collection requirements has not been published in the 
Federal Register.
    (iv) Oregon coastal natural coho. The allocation provisions in 
paragraph (c)(2) of this section provide guidance only when coho 
abundance permits a directed coho harvest, not when the allowable 
harvest impacts are insufficient to allow coho retention south of Cape 
Falcon. At such low levels, allowable harvest impacts will be allocated 
during the Council's preseason process.
    (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

[[Page 454]]

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. 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

[[Page 455]]

subject to these reporting requirements, the contents of the radio 
reports, and the entities receiving the reports will be specified 
annually.

[61 FR 34601, July 2, 1996, as amended at 64 FR 26328, May 14, 1999]

    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 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 and management goals.

    (a) The escapement and management goals are summarized in Table 6-1 
of

[[Page 456]]

the Fishery Management Plan for Commercial and Recreational Salmon 
Fisheries off the Coasts of Washington, Oregon, and California.
    (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.
    (c) The annual management measures will be consistent with NMFS 
jeopardy standards or NMFS recovery plans for species listed under the 
Endangered Species Act.

[61 FR 34572, July 2, 1996, as amended at 62 FR 35451, July 1, 1997]



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.



                   Subpart I--Northern Anchovy Fishery

    Source: 62 FR 19043, Apr. 18, 1997, unless otherwise noted.



Sec. 660.501  Purpose and scope.

    This subpart governs fishing for northern anchovy by vessels of the 
United States in the Pacific anchovy fishery area (PAFA). This subpart 
implements the Northern Anchovy Fishery Management Plan (FMP) developed 
by the Pacific Fishery Management Council under the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) as 
amended.



Sec. 660.502  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act and in 
Sec. 600.10 of this chapter, the terms used in this subpart have the 
following meanings:
    Anchovy means fish of the species Engraulis mordax, or parts or 
products thereof.
    Council means the Pacific Fishery Management Council.
    Fishing year means a 12-month period beginning August 1 and 
extending through July 31 of the following year.

[[Page 457]]

    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. lat. (Point Reyes) and the 
United States-Mexico International Boundary, which is a line connecting 
the following coordinates:

32 deg.35'22" N. lat., 117 deg.27'49". long.
32 deg.37'37" N. lat., 117 deg.49'31" W. long.
31 deg.07'58" N. lat., 118 deg.36'18" W. long.
30 deg.32'31" N. lat., 121 deg.51'58" W. long.

    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 Administrator means the Administrator, Southwest Region, 
NMFS (see Table 1 of Sec. 600.502 for address).
    Spawning biomass means the estimated amount, by weight, of all 
sexually mature northern anchovies in the central subpopulation (defined 
as) from 38 deg. N. lat. (Point Reyes) south to approximately 30 deg. N. 
lat. at Punta Baja, Baja California.
    Special allocations means that part of the total harvest quota 
reserved for non-reduction fishing, reduction fishing in subarea A, and 
any conservation purpose.
    Subarea A means the northern portion of the PAFA between 38 deg. N. 
lat. (Point Reyes), and a southern limit at 35 deg.14' N. lat. (Point 
Buchon).
    Subarea B means the southern portion of the PAFA between 35 deg.14' 
N. lat. (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 by the reduction and non-
reduction fisheries.



Sec. 660.503  Relation to other laws.

    (a) Any state law that 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 subpart.
    (b) If a vessel has filed with the State of California a declaration 
of intent to take anchovies for reduction purposes, any fishing for 
anchovies by that vessel will be conclusively presumed to be for 
reduction purposes unless an exemption to the declaration has been filed 
with the State of California.



Sec. 660.504  Recordkeeping and reporting.

    Data regarding fishing vessels, fishing activities, landings and 
processing activities required by the FMP for the reduction and non-
reduction 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 of Commerce (Secretary) with statistical 
information adequate for management. Reporting requirements may be 
implemented by emergency regulations if this reporting system becomes 
inadequate for management purposes.



Sec. 660.505  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

[[Page 458]]

to this subpart in block Arabic numerals at least 14 inches (35.56 cm) 
in height. Markings must be legible and of a color that contrasts with 
the background.



Sec. 660.506  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725, 
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 subpart;
    (2) During any applicable closure specified in this subpart; or
    (3) Aboard a fishing vessel that 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. 660.513.



Sec. 660.507  Facilitation of enforcement.

    See Sec. 600.730 of this chapter.



Sec. 660.508  Penalties.

    See Sec. 600.735 of this chapter.



Sec. 660.509  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 Administrator 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 document will 
be published in the Federal Register notifying the public when the 
estimate of the annual spawning biomass will be available. The document 
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 
Administrator.
    (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 Administrator 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 Administrator determines that a change in a 
harvest quota is justified, NMFS will publish a document 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 non-reduction 
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 non-reduction fishery allocation in the PAFA 
will be 4,900 mt except as specified in Sec. 660.510(b).
    (3) When the estimated spawning biomass is less than 50,000 mt for 2 
consecutive fishing years, there will be no

[[Page 459]]

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 that 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 
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 notification in the Federal Register and other appropriate 
notice--
    (i) The change in the subarea B quota.
    (ii) The reasons for the change.
    (iii) A summary of, and responses to, any comments submitted under 
paragraph (e)(3) of this section.
    (2) The Regional Administrator 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 at the address in Table 1 Sec. 600.502.
    (3) Comments from the public on the estimates made under paragraph 
(d) of this section may be submitted to the Regional Administrator until 
May 31.
    (f) Anchovies harvested for reduction and non-reduction purposes in 
the PAFA and adjacent territorial sea will be counted toward the total 
harvest quota.



Sec. 660.510  Closures.

    (a) Closure of the reduction fishery. The Secretary will close the 
reduction fishery during the open season provided in Sec. 660.511 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 non-reduction fishery. The Secretary will close 
the non-reduction fishery in the PAFA only if the total harvest quota is 
taken.
    (c) Procedure for closing. (1) When the harvest quotas prescribed in 
Sec. 660.509 are about to be taken, the Secretary will announce, by 
notification 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 document provided by paragraph (c)(1) 
of this section, and will not resume until a final determination of new 
harvest quotas is announced under Sec. 662.509.
    (3) The non-reduction fishery in the PAFA ceases on the date that a 
total harvest quota closure is announced under paragraph (c)(1) of this 
section,

[[Page 460]]

and will not resume until a new harvest quota is announced under 
Sec. 660.509.



Sec. 660.511  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) Non-reduction fishing season. The open season for non-reduction 
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.
    (2) In subarea B, the open season for reduction fishing in the PAFA 
is from September 15 to June 30.



Sec. 660.512  Closed areas.

    (a) Non-reduction fishery. There are no closed areas for non-
reduction 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. 
lat., 122 deg.23.6' W. long.) and the U.S. navigation light on Southeast 
Farallon Island (37 deg.42.0' N. lat., 123 deg.00.1' W. long.).
    (ii) A straight line joining the U.S. navigation light on Southeast 
Farallon Island (37 deg.42.0' N. lat., 123 deg.00.1' W. long.) and the 
U.S. navigation light on Point Reyes (37 deg.59.7' N. lat., 
123 deg.01.3' W. long.).
    (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 (7.41 km) from the mainland shore between lines running 
250 deg. true from the steam plant stack at Manadalay Beach 
(34 deg.12.4' N. lat., 119 deg.15.0' W. long.) and 220 deg. true from 
the steam plant stack at Ormond Beach (34 deg.07.8' N. lat., 
119 deg.10.0' W. long.).
    (ii) Santa Monica Bay closure (see Figure 1). Santa Monica Bay 
shoreward of that line from Malibu Point (34 deg.01.8' N. lat., 
188 deg.40.8' W. long.) to Rocky Point (Palos Verdes Point) 
(33 deg.46.5' N. lat., 118 deg.25.7' W. long.).
    (iii) Los Angeles Harbor closure (see Figure 1). The area outside 
Los Angeles Harbor described by a line extending six (6) miles (11.11 
km) 180 deg. true from Point Fermin (33 deg.42.3' N. lat., 118 deg.17.6' 
W. long.) and then to a point located three (3) miles (5.56 km) offshore 
on a line 225 deg. true from Huntington Beach Pier (33 deg.39.2' N. 
lat., 118 deg.00.3' W. long.).
    (iv) Oceanside to San Diego closure (see Figure 1). The area six (6) 
miles (11.11 km) from the mainland shore south of a line running 
225 deg. true from the tip of the outer breakwater (33 deg.12.4' N. 
lat., 117 deg.24.1' W. long.) of Oceanside Harbor to the United States-
Mexico International Boundary.



Sec. 660.513  Gear limitations.

    (a) Nonreduction fishery. There are no limitations on gear used in 
the non-reduction fishery.
    (b) Reduction fishery. Authorized fishing gear only may be used in 
the reduction fishery. Authorized fishing gear will be round haul nets 
that have a minimum wet-stretch mesh size of 10/16 of an inch (1.59 cm) 
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 (1.59 cm) 
less one thickness of the metal at the widest part.

[[Page 461]]

[GRAPHIC] [TIFF OMITTED] TR18AP97.004


 Figure 1--Existing California Area Closures (hatched areas extend to 3 
  miles (5.56 km) offshore; cross-hatched areas extend beyond 3 miles 
(5.56 km) Offshore) and Optional Catalina Channel foreign vessel closure 
                       (outlined by dashed lines)

                          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.


[[Page 462]]


 
 
3. Only \1/5\ of the indicated amount is allowed if nonselective gear is used; that is, the nonselective harvest
  will be multiplied by 5 and counted against the quota. If both selective and nonselective methods are used,
  the bed will be closed when S+5N=Q, where S=selective harvest amount, N=nonselective harvest amount and
  Q=total harvest quota, for any single species on that bed.
4. Only selective gear may be used in the EEZ seaward of the main Hawaiian Islands; i.e., south and east of a
  line midway between Nihoa and Niihau Islands. Nonselective gear or selective gear may be used in all other
  portions of exploratory areas.
5. S=Selective gear only; N=Nonselective or selective gear.
6. No authorized fishing for coral in refugia.


 Table 2 to Part 660--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
 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

[[Page 463]]

 
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
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

[[Page 464]]

 
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
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 465]]

            Figure 1 to Part 660--Carapace Length of Lobsters
[GRAPHIC] [TIFF OMITTED] TR02JY96.035

             Figure 2 to Part 660--Length of Longline Vessel
[GRAPHIC] [TIFF OMITTED] TR02JY96.036


[[Page 466]]



        Figure 3 to Part 660--Dressed, Head-off Length of Salmon
[GRAPHIC] [TIFF OMITTED] TR02JY96.037



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  Prohibited Species Donation Program.
679.27  Improved Retention/Improved Utilization Program.
679.28  Equipment and operational requirements for catch weight 
          measurement.

      Subpart C--Western Alaska Community Development Quota Program

679.30  General CDQ regulations.
679.31  CDQ reserves.
679.32  Groundfish and halibut CDQ catch monitoring.

         Subpart D--Individual Fishing Quota Management Measures

679.40  Sablefish and halibut QS.
679.41  Transfer of quota shares and IFQ.
679.42  Limitations on use of QS and IFQ.
679.43  Determinations and appeals.
679.44  Penalties.

                 Subpart E--Groundfish Observer Program

679.50  Groundfish Observer Program applicable through December 31, 
          2000.

Appendix A to Part 679--Performance and Technical Requirements for 
          Scales Used To Weigh Catch at Sea in the Groundfish Fisheries 
          Off Alaska

Figure 1 to Part 679--BSAI Statistical and Reporting Areas

[[Page 467]]

Figure 2 to Part 679--BSAI Catcher Vessel Operational Area
Figure 3 to Part 679--Gulf of Alaska Statistical and Reporting Areas
Figure 4 to Part 679--Herring Savings Areas in the BSAI
Figure 5 to Part 679--Kodiak Island Areas Closed to Nonpelagic Trawl 
          Gear
Figure 6 to Part 679--Length Overall of a Vessel
Figure 7 to Part 679--Location of Trawl Gear Test Areas in the GOA and 
          the BSAI
Figure 8 to Part 679--Chinook Salmon Savings Areas
Figure 9 to Part 679--Chum Savings Area (CSSA) of the CVOA
Figure 10 to Part 679--Pribilof Islands Area Habitat Conservation Zone
Figure 11 to Part 679--Red King Crab Savings Area (RKCSA)
Figure 12 to Part 679--Nearshore Bristol Bay Trawl Closure Area
Figure 13 to Part 679--BSAI C. Opilio Tanner Crab Bycatch Limitations 
          Zone
Figure 14 to Part 679--Sablefish Regulatory Areas
Figure 15 to Part 679--Regulatory Areas for the Pacific Halibut Fishery
Table 1 to Part 679--Product Codes
Table 2 to Part 679--Species Codes
Table 3 to Part 679--Product Recovery Rates for Groundfish Species and 
          Conversion Rates for Pacific Halibut
Table 4 to Part 679--Bering Sea Subarea Steller Sea Lion Protection 
          Areas
Table 5 to Part 679--Aleutian Islands Subarea Steller Sea Lion 
          Protection Areas
Table 6 to Part 679--Gulf of Alaska Steller Sea Lion Protection Areas
Table 7 to Part 679--Communities Determined to be Eligible to Apply for 
          Community Development Quotas
Table 8 to Part 679--Harvest Zone Codes for Use with Product Transfer 
          Reports and Vessel Activity Reports
Table 9 to Part 679--Required Logbooks, Reports, and Forms from 
          Participants in the Federal Groundfish Fisheries
Table 10 to Part 679--Current Gulf of Alaska Retainable Percentages
Table 11 to Part 679--Bering Sea and Aleutian Islands Management Area 
          Retainable Percentages

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.

    Source: 61 FR 31230, June 19, 1996, unless otherwise noted.

    Editorial Note:  Nomenclature changes to part 679 appear at 61 FR 
56438, Nov. 1, 1996, and 62 FR 2047, Jan. 15, 1997.



                           Subpart A--General



Sec. 679.1  Purpose and scope.

    Regulations in this part were developed by the Council under the 
Magnuson-Stevens 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, 1999). 
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 Bering Sea and 
Aleutian Islands Area (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
    (B) Using fixed gear in waters of the State of Alaska adjacent to 
the BSAI

[[Page 468]]

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 defined in 50 CFR 679.2, 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 fisheries 
business activities that will result in an ongoing, regionally based, 
fisheries-related economy.
    (f) Groundfish Observer Program (Applicable through December 31, 
1997). Regulations in this part govern elements of the Groundfish 
Observer Program for the BSAI groundfish and GOA groundfish fisheries 
under the Council's authority (see subpart E of this part).
    (g) Fishery Management Plan for the Commercial King and Tanner Crab 
Fisheries in the Bering Sea and Aleutian Islands Area. Regulations in 
this part govern commercial fishing for king and Tanner crab in the 
Bering Sea and Aleutian Islands Area by vessels of the United States, 
including regulations superseding State of Alaska regulations applicable 
to the commercial king and Tanner crab fisheries in the Bering Sea and 
Aleutian Islands Area 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 subpart A 
of this part).
    (2) State of Alaska laws and regulations that are consistent with 
the FMP and with the regulations in this part apply to vessels of the 
United States that are fishing for scallops in the Federal waters off 
Alaska.
    (i) Fishery Management Plan for the High Seas Salmon Fishery off the 
Coast of Alaska East of 175 Degrees East Longitude (Salmon FMP). 
Regulations in this part govern fishing for salmon by fishing vessels of 
the United States in the EEZ seaward of Alaska east of 175 deg. E. 
long., referred to as the High Seas Salmon Management Area.
    (j) License Limitation Program. (1) Regulations in this part 
implement the license limitation program for the commercial groundfish 
fisheries in the EEZ off Alaska and for the commercial crab fisheries in 
the Bering Sea and Aleutian Islands Area.
    (2) Regulations in this part govern the commercial fishing for 
license limitation groundfish by vessels of the United States using 
authorized gear within the GOA and the BSAI and the commercial fishing 
for crab species by vessels of the United States using authorized gear 
within the Bering Sea and Aleutian Islands Area.

[61 FR 31230, June 19, 1996, as amended at 61 FR 38103, July 23, 1996; 
61 FR 56429, Nov. 1, 1996; 62 FR 2045, Jan. 15, 1997; 62 FR 19687, Apr. 
23, 1997; 62 FR 59298, Nov. 3, 1997; 63 FR 30398, June 4, 1998; 63 FR 
38502, July 17, 1998; 63 FR 52652, Oct. 1, 1998; 64 FR 3652, Jan. 25, 
1999]

    Effective Date Note: At 63 FR 52652, Oct. 1, 1998, Sec. 679.1 was 
amended by adding paragraph (j), effective Jan. 1, 2000.



Sec. 679.2  Definitions.

    In addition to the definitions in the Magnuson-Stevens 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,

[[Page 469]]

or buying station means a period of time when not checked in.
    Adequate evidence, for purposes of subpart E of this part, means 
information sufficient to support the reasonable belief that a 
particular act or omission has occurred.
    ADF&G means the State of Alaska Department of Fish and Game.
    Affiliates, for purposes of subpart E of this part, means business 
concerns, organizations, or individuals are affiliates of each other if, 
directly or indirectly, either one controls or has the power to control 
the other, or a third party controls or has the power to control both. 
Indicators of control include, but are not limited to, interlocking 
management or ownership, identity of interests among family members, 
shared facilities and equipment, common use of employees, or a business 
entity organized following the decertification, suspension, or proposed 
decertification of an observer contractor that has the same or similar 
management, ownership, or principal employees as the observer contractor 
that was decertified, suspended, or proposed for decertification.
    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).
    American Fisheries Act (AFA) means Title II--Fisheries Subtitles I 
and II, as cited within the Omnibus Appropriations Bill FY99 (Pub. L. 
105-277).
    Ancillary product means a product, such as meal, heads, internal 
organs, pectoral girdles, or any other product that may be made from the 
same fish as the primary product.
    Area endorsement means a designation on a license that authorizes a 
license holder to deploy a vessel to conduct directed fishing for 
license limitation groundfish in the designated area, subarea, or 
district. Area endorsements, which are inclusive of, but not necessarily 
the same as, management areas, subareas, or districts defined in this 
part, are as follows:
    (1) Aleutian Islands area endorsement. Authorizes the license holder 
to deploy a vessel to conduct directed fishing for license limitation 
groundfish in the Aleutian Islands Subarea;
    (2) Bering Sea area endorsement. Authorizes the license holder to 
deploy a vessel to conduct directed fishing for license limitation 
groundfish in the Bering Sea Subarea;
    (3) Central Gulf area endorsement. Authorizes the license holder to 
deploy a vessel to conduct directed fishing for license limitation 
groundfish in the Central Area of the Gulf of Alaska and the West 
Yakutat District;
    (4) Southeast Outside area endorsement. Authorizes the license 
holder to deploy a vessel to conduct directed fishing for license 
limitation groundfish in the Southeast Outside District; and
    (5) Western Gulf area endorsement. Authorizes the license holder to 
deploy a vessel to conduct directed fishing for license limitation 
groundfish in the Western Area of the Gulf of Alaska.
    Area/species endorsement means a designation on a license that 
authorizes a license holder to deploy a vessel to conduct directed 
fishing for the designated crab species in Federal waters in the 
designated area. Area/species endorsements for crab species licenses are 
as follows:
    (1) Aleutian Islands brown king in waters with an eastern boundary 
the longitude of Scotch Cap Light (164 deg. 44' W. long.), a western 
boundary of the U.S.-Russian Convention Line of 1867, and a northern 
boundary of a line from the latitude of Cape Sarichef (54 deg. 36' N. 
lat.) westward to 171 deg. W. long., then north to 55 deg. 30' N. lat., 
then west to the U.S.-Russian Convention line of 1867.
    (2) Aleutian Islands red king in waters with an eastern boundary the 
longitude of Scotch Cap Light (164 deg. 44' W. long.), a western 
boundary of the U.S.-Russian Convention Line of 1867, and a northern 
boundary of a line from the latitude of Cape Sarichef (54 deg. 36' N. 
lat.) westward to 171 deg. W. long., then north to 55 deg. 30' N. lat., 
and then west to the U.S.-Russian Convention line of 1867.
    (3) Bristol Bay red king in waters with a northern boundary of 
58 deg. 39' N. lat., a southern boundary of 54 deg. 36' N. lat., and a 
western boundary of 168 deg. W.

[[Page 470]]

long. and including all waters of Bristol Bay.
    (4) Bering Sea and Aleutian Islands Area C. opilio and C. bairdi in 
Pacific Ocean and Bering Sea waters east of the U.S.-Russian Convention 
Line of 1867, excluding all Pacific Ocean waters east of a boundary line 
extending south (180 deg.) from Scotch Cap Light.
    (5) Norton Sound red king and Norton Sound blue king in waters with 
a western boundary of 168 deg. W. long., a southern boundary of 61 deg. 
49' N. lat., and a northern boundary of 65 deg. 36' N. lat.
    (6) Pribilof red king and Pribilof blue king in waters with a 
northern boundary of 58 deg. 39' N. lat., an eastern boundary of 
168 deg. W. long., a southern boundary line from 54 deg. 36' N. lat., 
168 deg. W. long., 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. 
lat., and then westward to the U.S.-Russian Convention line of 1867.
    (7) St. Matthew blue king in waters with a northern boundary of 
61 deg. 49' N. lat., a southern boundary of 58 deg. 39' N. lat., and a 
western boundary of the U.S.-Russian Convention line of 1867.
    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, fixed gear, hook-and-line, jig, 
longline, longline pot, nonpelagic trawl, nontrawl, pelagic trawl, pot-
and-line, trawl, hand troll gear, and power troll gear:
    (1) 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.
    (2) Hook-and-line means a stationary, buoyed, and anchored line with 
hooks attached, or the taking of fish by means of such a device.
    (3) Jig means a single, non-buoyed, non-anchored line with hooks 
attached, or the taking of fish by means of such a device.
    (4) 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.
    (5) 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.
    (6) Nonpelagic trawl means a trawl other than a pelagic trawl.
    (7) Nontrawl means hook-and-line, jig, longline, and pot-and-line 
gear.
    (8) 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

[[Page 471]]

(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.
    (9) Pot-and-line means a stationary, buoyed line with a single pot 
attached, or the taking of fish by means of such a device.
    (10) 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.
    (11) Hand troll gear means, for purposes of the High Seas Salmon 
Fishery, 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.
    (12) Power troll gear means, for purposes of the High Seas Salmon 
Fishery, 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.
    Basis species means any species or species group that is open to 
directed fishing that the vessel is authorized to harvest.
    Bering Sea and Aleutian Islands Area, for purposes of regulations 
governing the commercial King and Tanner crab fisheries, means those 
waters of the EEZ off the west coast of Alaska lying south of Point Hope 
(68 deg.21' N. lat), and extending south of the Aleutian Islands for 200 
nm west of Scotch Cap Light (164 deg.44'36" W. long).
    Bering Sea and Aleutian Islands Management Area (BSAI), for purposes 
of regulations governing the groundfish fisheries, 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).
    Bled codend means a form of discard by vessels using trawl gear 
wherein some or all of the fish are emptied into the sea from the net 
before fish are brought fully on board.
    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.
    Briefing means a short (usually 2-4 day) training session that 
observers must complete to fulfill certification requirements.
    Buying station means a person or tender vessel that receives 
unprocessed groundfish 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

[[Page 472]]

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.
    Catch (see 50 CFR 600.10.)
    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, 1999). 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 subpart E of this part, a processor vessel that 
is used for, or equipped to be used for, catching fish and processing 
that fish.
    Catcher/processor vessel designation means, for purposes of the 
license limitation program, a license designation that authorizes the 
license holder:
    (1) Designated on a groundfish license to deploy a vessel to conduct 
directed fishing for license limitation groundfish and process license 
limitation groundfish on that vessel or to conduct only directed fishing 
for license limitation groundfish; or
    (2) Designated on a crab species license to deploy a vessel to 
conduct directed fishing for crab species and process crab species on 
that vessel or to conduct only directed fishing for crab species.
    Catcher vessel means:
    (1) With respect to groundfish recordkeeping and reporting, the PSD 
program and subpart E of this part, a vessel that is used for catching 
fish and that does not process fish on board.
    (2) (Applicable through December 31, 1999). 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.
    Catcher vessel designation means, for purposes of the license 
limitation program, a license designation that authorizes the license 
holder:
    (1) Designated on a groundfish license to deploy a vessel to conduct 
directed fishing for, but not process, license limitation groundfish on 
that vessel; or
    (2) Designated on a crab species license to deploy a vessel to 
conduct directed fishing for, but not process, crab species on that 
vessel.
    Catcher Vessel Operational Area (CVOA) (see Figure 2 of this part 
and Sec. 679.22(a)(5)).
    CBL means crab bycatch limit.
    CDQ allocation means a percentage of a CDQ reserve specified under 
Sec. 679.31 that is assigned to a CDQ group when NMFS approves a 
proposed CDP.
    CDQ group means a qualified applicant with an approved CDP.
    CDQ number means a number assigned to a CDQ group by NMFS that must 
be used on all reports submitted by the CDQ group or by vessels and 
processors catching CDQ or PSQ under an approved CDP.
    CDQ project means any program that is funded by a CDQ group's assets 
for the economic or social development of a community or group of 
communities that are participating in a CDQ group, including, but not 
limited to, infrastructure development, CDQ investments, employment and 
training programs, and CDP administration.
    CDQ representative means the individual who is the official contact 
for NMFS regarding all matters relating to a CDQ group's activities.
    CDQ species means any species or species group that has been 
assigned to a CDQ reserve under Sec. 679.31.
    Central Aleutian District means that part of the Aleutian Islands 
Subarea contained in Statistical Area 542 (see Figure 1 of this part).
    Central Gulf or GOA Central Regulatory Area means that portion of 
the GOA EEZ that is contained in Statistical Areas 620 and 630 (see 
Figure 3 to this part).
    Chief, RAM Division means Chief of the Restricted Access Management 
Division, NMFS, Alaska Region.

[[Page 473]]

    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)).
    Civil judgment, for purposes of subpart E of this part, means a 
judgment or finding of a civil offense by any court of competent 
jurisdiction.
    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).
    Commercial fishing, for purposes of the High Seas Salmon Fishery, 
means fishing for fish for sale or barter.
    Commissioner of ADF&G means the principal executive officer of 
ADF&G.
    Community Development Plan (CDP) means a business plan for the 
economic and social development of a specific Western Alaska community 
or group of communities under the CDQ program at Sec. 679.30.
    Community Development Quota (CDQ) means the amount of a CDQ species 
established under Sec. 679.31 that is allocated to the CDQ program.
    Community Development Quota Program (CDQ Program) means the Western 
Alaska Community Development Quota Program implemented under subpart C 
of this part.
    Community Development Quota reserve (CDQ reserve) means a percentage 
of a total allowable catch for groundfish, a percentage of a catch limit 
for halibut, or percentage of a guideline harvest level for crab that 
has been set aside for purposes of the CDQ program.
    Conviction, for purposes of subpart E of this part, means a judgment 
or conviction of a criminal offense by any court of competent 
jurisdiction, whether entered upon a verdict or a plea, and includes a 
conviction entered upon a plea of nolo contendere.
    C. Opilio Crab Bycatch Limitation Zone (COBLZ) (see Sec. 679.21(e) 
and Figure 13 to this part.
    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.
    Crab species means all crab species covered by the Fishery 
Management Plan for the Commercial King and Tanner Crab Fisheries in the 
Bering Sea/Aleutian Islands, including, but not limited to, red king 
crab (Paralithodes camtschatica), blue king crab (Paralithodes 
platypus), brown or golden king crab (Lithodes aequispina), scarlet or 
deep sea king crab (Lithodes couesi), Tanner or bairdi crab 
(Chionoecetes bairdi), opilio or snow crab (Chionoecetes opilio), 
grooved Tanner crab (Chionoecetes tanneri), and triangle Tanner crab 
(Chionoecetes angulatus).
    Crab species license means a license issued by NMFS that authorizes 
the license holder designated on the license to deploy a vessel to 
conduct directed fishing for crab species.
    Debriefing means the post-deployment process that includes a one-on-
one interview with NMFS staff, a NMFS preliminary data review, observer 
completion of all data corrections noted, observer preparation of 
affidavits and reports, and completion of tasks related to biological 
specimens or special projects.
    Decertification, as used in Sec. 679.50(j), means action taken by a 
decertifying official under Sec. 679.50(j)(7) to revoke indefinitely 
certification of observers or observer contractors under this section; 
an observer or observer contractor whose certification is so revoked is 
decertified.
    Decertifying official, for purposes of subpart E of this part, means 
a designee authorized by the Regional Administrator to impose 
decertification.
    Deep water flatfish (see annual final specifications published in 
the Federal Register pursuant to Sec. 679.20(c).)
    Deployment means the period between an observer's arrival at the 
point of embarkation and the date the observer disembarks for travel to 
debriefing.
    Direct financial interest means any source of income to, or capital 
investment or other interest held by, an individual, partnership, or 
corporation or an individual's spouse, immediate family member or parent 
that could be influenced by performance or non-performance of observer 
or observer contractor duties.
    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

[[Page 474]]

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, 1999). 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.
    (3) With respect to license limitation groundfish species, directed 
fishing as defined in paragraph (1) of this definition, or, with respect 
to license limitation crab species, the catching and retaining of any 
license limitation crab species.
    Discard (see Sec. 600.10.)
    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.
    Documented harvest means a lawful harvest that was recorded in 
compliance with Federal and state commercial fishing regulations in 
effect at the time of harvesting.
    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).
    Eastern Gulf or GOA Eastern Regulatory Area means the Reporting 
Areas 649 and 659 and that portion of the GOA EEZ that is contained in 
Statistical Areas 640 and 650 (see Figure 3 to this part).
    Eligible applicant means a qualified person who submitted an 
application during the application period announced by NMFS and:
    (1) Who owned a vessel on June 17, 1995, from which the minimum 
number of documented harvests of license limitation groundfish or crab 
species were made in the relevant areas during the qualifying periods 
specified in Sec. 679.4(k)(4) and (k)(5), unless the fishing history of 
that vessel was transferred in conformance with the provisions in 
paragraph (2) of this definition; or
    (2) To whom the fishing history of a vessel from which the minimum 
number of documented harvests of license limitation groundfish or crab 
species were made in the relevant areas during the qualifying periods 
specified in Sec. 679.4(k)(4) and (k)(5) has been transferred or 
retained by the express terms of a written contract that clearly and 
unambiguously provides that the qualifications for a license under the 
LLP have been transferred or retained; or
    (3) Who was an individual who held a State of Alaska permit for the 
Norton Sound king crab summer fishery in 1993 and 1994, and who made at 
least one harvest of red or blue king crab in the relevant area during 
the period specified in Sec. 679.4(k)(5)(ii)(G), or a corporation that 
owned or leased a vessel on June 17, 1995, that made at least one 
harvest of red or blue king crab in the relevant area during the period 
in Sec. 679.4(k)(5)(ii)(G), and that was operated by an individual who 
was an employee or a temporary contractor; or
    (4) Who is an individual that can demonstrate eligibility pursuant 
to the provisions of the Rehabilitation Act of 1973 at 29 U.S.C. 794(a).
    Eligible community means a community that is listed in Table 7 to 
this part or that meets all of the following requirements:
    (1) 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 most western 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.
    (2) That is certified by the Secretary of the Interior pursuant to 
the Native Claims Settlement Act (Pub. L. 92-203) to be a native 
village.
    (3) Whose residents conduct more than half of their current 
commercial or subsistence fishing effort in the waters of the BSAI.
    (4) That has not previously developed harvesting or processing 
capability sufficient to support substantial groundfish fisheries 
participation in the BSAI,

[[Page 475]]

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.
    Federal waters means waters within the EEZ off Alaska.
    Fish product weight means the weight of the fish product in pounds 
or to at least the nearest thousandth of a metric ton (0.001 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, for fish other than fresh fish, may include additives or 
water 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 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) Groundfish directed fishing closures or the 
UR/IU Program. With respect to groundfish directed fishing closures or 
the IR/IU program, 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 in an area until:
    (i) The effective date of a notification prohibiting directed 
fishing in the same area under Sec. 679.20 or Sec. 679.21;
    (ii) The offload or transfer of all fish or fish product from that 
vessel;
    (iii) The vessel enters or leaves an area where a different directed 
fishing prohibition applies; or
    (iv) The end of a weekly reporting period, whichever comes first.
    (2) IFQ program. 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) Groundfish observer program. With respect to subpart E of this 
part, one of the following periods:
    (i) For a vessel used to process groundfish or a catcher vessel used 
to deliver groundfish to a monthership, 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, 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).
    Fixed gear 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 under Sec. 679.20(b)(1)(iii)(B). See also Sec. 679.31(b).
    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.

[[Page 476]]

    Footrope means a chain or wire rope attached to the bottom front end 
of a trawl and attached to the fishing line.
    Forage fish means all species of the following families:
    (1) Osmeridae (eulachon, capelin and other smelts),
    (2) Myctophidae (lanternfishes),
    (3) Bathylagidae (deep-sea smelts),
    (4) Ammodytidae (Pacific sand lance),
    (5) Trichodontidae (Pacific sandfish),
    (6) Pholidae (gunnels),
    (7) Stichaeidae (pricklebacks, warbonnets, eelblennys, cockscombs 
and shannys),
    (8) Gonostomatidae (bristlemouths, lightfishes, and anglemouths), 
and
    (9) The Order Euphausiacea (krill).
    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.
    Groundfish means target species and the ``other species'' category, 
specified annually pursuant to Sec. 679.20(a)(2).
    Groundfish CDQ fishing means fishing by an eligible vessel listed on 
an approved CDP that results in the catch of any groundfish CDQ species, 
but that does not meet the definition of halibut CDQ fishing.
    Groundfish CDQ fishing (applicable through December 31, 1998) means 
fishing by an eligible vessel listed on an approved CDP that results in 
the catch of any CDQ or PSQ species other than pollock CDQ, halibut CDQ, 
and fixed gear sablefish CDQ.
    Groundfish license means a license issued by NMFS that authorizes 
the license holder designated on the license to deploy a vessel to 
conduct directed fishing for license limitation groundfish.
    Groundfish product or fish product means any species product listed 
in Tables 1 and 2 to this part, excluding the prohibited species listed 
in Table 2 to this part.
    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 fishing means the following:
    (1) Catcher vessel. The following conditions are met at all times:
    (i) Halibut CDQ is retained and the weight of halibut CDQ plus 
halibut IFQ onboard the vessel at any time represents the largest 
proportion of the retained catch in round weight equivalent onboard the 
vessel at that time, and
    (ii) For catcher vessels less than 60 ft (18.3 m) LOA, the round 
weight equivalent of non-CDQ groundfish does not exceed the maximum 
retainable bycatch amounts for these species or species groups as 
established in Sec. 679.20(e) and (f).
    (2) Catcher/processor. Halibut CDQ is retained from a set and the 
weight of halibut CDQ plus halibut IFQ represents the largest proportion 
of the retained catch in round weight equivalent from that set.
    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 Figure 4 (see also Sec. 679.21(e)(7)(v) for additional closure 
information).
    High Seas Salmon Management Area means the portion of the EEZ off 
Alaska east of 175 degrees E. long. The High Seas Salmon Management Area 
is divided into a West Area and an East Area:

[[Page 477]]

    (1) The West Area consists of the waters of the High Seas Salmon 
Management Area which are west of 143 deg.53'36" W. long. (Cape 
Suckling).
    (2) The East Area consists of the waters of the High Seas Salmon 
Management Area east of 143 deg.53'36" W. long.
    Hunger relief agency means a tax-exempt organization with the 
primary purpose of feeding economically disadvantaged individuals free 
of charge.
    Indictment, for purposes of subpart E of this part, means indictment 
for a criminal offense. An information or other filing by competent 
authority charging a criminal offense must be given the same effect as 
an indictment.
    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 in the BSAI (applicable through December 31, 2004) 
means the following categories that process groundfish harvested in the 
BSAI:
    (1) Shoreside processors, including those eligible under section 
208(f) of the American Fisheries Act; and
    (2) Vessels less than 125 ft (38.1 m) LOA that process less than 126 
mt per week in round-weight equivalents of an aggregate amount of 
pollock and Pacific cod.
    Inshore component in the GOA (applicable through December 31, 2001) 
means the following three categories of the U.S. groundfish fishery that 
process groundfish harvested in the BSAI or GOA:
    (1) Shoreside processing operations;
    (2) Vessels less than 125 ft (38.1 m) LOA that process no more than 
126 mt per week in round-weight equivalents of an aggregate amount of 
pollock and Pacific cod; and
    (3) Vessels that process pollock or Pacific cod, harvested in a 
directed fishery for those species, at a single geographic location in 
Alaska State waters during a fishing year.
    IPHC means International Pacific Halibut Commission (see part 300 of 
chapter III of this title).
    IR/IU means the improved retention/improved utilization program set 
out at Sec. 679.27.
    IR/IU species means any groundfish species that is regulated by a 
retention or utilization requirement set out at Sec. 679.27.
    King crab means red king crab (Paralithodes camtschatica), blue king 
crab (P. platypus), brown (or golden) king crab (Lithodes aequispina), 
and

[[Page 478]]

scarlet (or deep sea) king crab (Lithodes couesi).
    Landing means offloading fish.
    Legal landing means a landing in compliance with Federal and state 
commercial fishing regulations in effect at the time of landing.
    Legal landing of halibut or sablefish (see Sec. 679.40(a)(3)(v)).
    Legal proceedings, for purposes of subpart E of this part, means any 
civil judicial proceeding to which the Government is a party or any 
criminal proceeding. The term includes appeals from such proceedings.
    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).
    License holder means the person who is named on a currently valid 
groundfish license or crab species license.
     License limitation groundfish means target species and the ``other 
species'' category, specified annually pursuant to Sec. 679.20(a)(2), 
except that demersal shelf rockfish east of 140 deg. W. long. and 
sablefish managed under the IFQ program are not considered license 
limitation groundfish.
    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 land-based 
buying station, means the individual responsible for the operation of 
the shoreside processor operation or land-based buying station.
    Managing organization means the organization responsible for 
managing all or part of a CDP.
    Maximum LOA (MLOA) means:
    (1) Applicable through December 31, 1999, with respect to a vessel's 
eligibility for a moratorium permit:
    (i) 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.
    (ii) 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.
    (iii) 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).
    (2) With respect to the license limitation program, the LOA of the 
vessel on June 24, 1992, unless the vessel was less than 125 ft (38.1 m) 
on June 24, 1992, then 1.2 times the LOA of the vessel on June 24, 1992, 
or 125 ft (38.1 m), whichever is less. However, if the vessel was under 
reconstruction on June 24, 1992, then the basis for the MLOA will be the 
LOA of the vessel on the date that reconstruction was completed and not 
June 24, 1992. The following exceptions apply regardless of how the MLOA 
was determined.
    (i) If the vessel's LOA on June 17, 1995, was less than 60 ft (18.3 
m), or if the vessel was under reconstruction on June 17, 1995, and the 
vessel's LOA on the date that reconstruction was completed was less than 
60 ft (18.3 m), then the vessel's MLOA cannot exceed 59 ft (18 m).
    (ii) If the vessel's LOA on June 17, 1995, was greater than or equal 
to 60 ft (18.3 m) but less than 125 ft (38.1 m), or if the vessel was 
under reconstruction on June 17, 1995, and the vessel's LOA on the date 
that reconstruction was completed was greater than or equal to 60 ft 
(18.3 m) but less 125 ft (38.1 m), then the vessel's MLOA cannot exceed 
124 ft (37.8 m).
    (iii) If the vessel's LOA on June 17, 1995, was 125 ft (38.1 m) or 
greater, then the vessel's MLOA is the vessel's LOA

[[Page 479]]

on June 17, 1995, or if the vessel was under reconstruction on June 17, 
1995, and the vessel's LOA on the date that reconstruction was completed 
was 125 ft (38.1 m) or greater, then the vessel's MLOA is the vessel's 
LOA on the date reconstruction was completed.
    Moratorium crab species (applicable through December 31, 1999) means 
species of king or Tanner crabs harvested in the Bering Sea and Aleutian 
Islands Area, the commercial fishing for which is governed by this part.
    Moratorium groundfish species (applicable through December 31, 1999) 
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, 1999) with 
respect to the groundfish and crab vessel moratorium program means a 
transferable prerequisite for a moratorium permit.
    Moratorium species means:
    (1) (Applicable through June 30, 2000) any scallop species.
    (2) (Applicable through December 31, 1999) 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 subpart E of this part, a processor vessel that 
receives and processes groundfish from other vessels and is not used 
for, or equipped to be used for, catching groundfish.
    Nearshore Bristol Bay Trawl Closure Area of the BSAI (see 
Sec. 679.22(a)(9))
    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).
    NMFS investigator, for purposes of subpart E of this part, means a 
designee authorized by the Regional Administrator to conduct 
investigations under this section.
    North Pacific fishery means any commercial fishery in state or 
Federal waters off Alaska.
    Observed or observed data refers to data collected by observers (see 
Sec. 679.21(f)(7) and subpart E of this part).
    Observer means any individual that is awarded NMFS certification to 
serve as an observer under this part, is employed by an observer 
contractor for the purpose of providing observer services to vessels or 
shoreside processors under this part, and is acting within the scope of 
his/her employment.
    Observer contractor means any person that is awarded NMFS 
certification to provide observer services to vessels and shoreside 
processors under subpart E and who contracts with observers to provide 
these services.
    Observer Program Office means the administrative office of the 
Groundfish Observer Program located at Alaska Fisheries Science Center 
(see ADDRESSES, part 600).
    Official LLP record means the information prepared by the Regional 
Administrator about vessels that were used to participate in the 
groundfish and crab fisheries during the qualifying periods for the 
License Limitation Program (LLP). Information in the official LLP record 
includes vessel ownership information, documented harvests made from 
vessels during the qualification periods, and vessel characteristics. 
The official LLP record is presumed to be correct for the purpose of 
determining eligibility for licenses. An applicant for a license under 
the LLP will have the burden of proving that information submitted in an 
application that is inconsistent with the official LLP record is 
correct.
    Offshore component in the BSAI (applicable through December 31, 
2004) means all vessels not included in the definition of ``inshore 
component in the BSAI'' that process groundfish in the BSAI.
    Offshore component in the GOA (applicable through December 31, 2001) 
means all vessels not included in the definition of ``inshore component 
in the GOA'' that process groundfish in the BSAI or GOA.
    Optimum yield means:
    (1) With respect to the High Seas Salmon Fishery, that amount of any 
species of salmon which will provide the greatest overall benefit to the 
Nation, with particular reference to food

[[Page 480]]

production and recreational opportunities, as specified in the Salmon 
FMP.
    (2) With respect to the groundfish fisheries, see Sec. 679.20(a)(1).
    Original qualifying LOA (applicable through December 31, 1999) means 
the LOA of the original moratorium qualifying vessel on June 24, 1992.
    Original qualifying vessel (applicable through December 31, 1999) 
means a vessel that made a legal landing during the moratorium 
qualifying period.
    Other flatfish (see annual final specifications published in the 
Federal Register pursuant to Sec. 679.20(c).)
    Other red rockfish (see annual final specifications published in the 
Federal Register pursuant to Sec. 679.20(c); see also ``rockfish'' at 
Sec. 679.2.)
    Other rockfish (see annual final specifications published in the 
Federal Register pursuant to Sec. 679.20(c); see also ``rockfish'' at 
Sec. 679.2.)
    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) For purposes of IFQ species and the CDQ program, any individual 
who is a citizen of the United States or any corporation, partnership, 
association, or other entity (or its successor-in-interest), regardless 
of whether organized or existing under the laws of any state, who is a 
U.S. citizen.
    (2) For purposes of High Seas Salmon Fishery permits issued under 
Sec. 679.4(h), the term ``person'' excludes any nonhuman entity.
    (3) (Applicable through December 31, 1999). 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 its 
successor-in-interest), regardless of whether organized or existing 
under the laws of any state.
    Personal use fishing means, for purposes of the High Seas Salmon 
Fishery, fishing other than commercial fishing.
    Pollock roe means product consisting of pollock eggs, either loose 
or in sacs or skeins.
    Preponderance of the evidence, for purposes of subpart E of this 
part, means proof by information that, compared with that opposing it, 
leads to the conclusion that the fact at issue is more probably true 
than not.
    Primary product means a product, such as fillets, made from each 
fish, with the highest recovery rate (see Table 1 to this part).
    Processing, or to process, means the preparation of, or to prepare, 
fish or crab 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 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).
    Prohibited species quota (PSQ) means the amount of a prohibited 
species catch limit established under Sec. 679.21(e)(1) and (e)(2) that 
is allocated to the groundfish CDQ program under Sec. 679.21(e)(1)(i) 
and (e)(2)(ii).
    PRR means standard product recovery rate (see Table 3 of this part).
    PSD Permit means a permit issued by NMFS to an applicant who 
qualifies as an authorized distributor for purposes of the PSD.
     PSD Program means the Prohibited Species Donation Program 
established under Sec. 679.26.
    PSQ allocation means a percentage of a PSQ reserve specified under 
Sec. 679.21(e)(1)(i) and (e)(2)(ii) that is assigned to a CDQ group when 
NMFS approves a proposed CDP. See also Sec. 679.31(d).
    PSQ species means any species that has been assigned to a PSQ 
reserve under Sec. 679.21(e)(1)(i) and (e)(2)(ii) for purposes of the 
CDQ program. See also Sec. 679.31(d).
    Qualified applicant means, for the purposes of the CDQ program:
    (1) A local fishermen's organization that:
    (i) Represents an eligible community or group of eligible 
communities;
    (ii) Is incorporated under the laws of the State of Alaska or under 
Federal law; and
    (iii) Has a board of directors composed of at least 75 percent 
resident

[[Page 481]]

fishermen of the community (or group of communities); or
    (2) A local economic development organization that:
    (i) Represents an eligible community or group of communities;
    (ii) Is incorporated under the laws of the State of Alaska or under 
Federal law specifically for the purpose of designing and implementing a 
CDP; and
    (iii) Has a board of directors composed of at least 75 percent 
resident fishermen of the community (or group of communities).
    Qualified Person means:
    (1) With respect to the IFQ program, see IFQ Management Measures at 
Sec. 679.40(a)(2).
    (2) With respect to the license limitation program, a person who was 
eligible on June 17, 1995, to document a fishing vessel under Chapter 
121, Title 46, U.S.C.
    Qualifying period (applicable through December 31, 1999) with 
respect to the groundfish and crab vessel moratorium program 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, 1999) means a change 
in the LOA of the vessel from its original qualifying LOA.
    Red King Crab Savings Area (RKCSA) of the BSAI (see 
Sec. 679.22(a)(3))
    Red King Crab Savings Subarea (RKCSS) of the BSAI (see 
Sec. 679.21(e)(3)(ii)(B))
    Regional Administrator, for purposes of this part, means the 
Administrator, 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 (see Figures 1 and 3 to this part) means:
    (1) An area that includes a statistical area of the EEZ off Alaska 
and any adjacent waters of the State of Alaska;
    (2) The reporting areas 300, 400, 550, and 690, which do not contain 
EEZ waters off Alaska or Alaska state waters; or
    (3) Reporting areas 649 and 659, which contain only waters of the 
State of Alaska.
    Reprocessed or rehandled product means a product, such as meal, that 
results from processing a previously reported product or from rehandling 
a previously reported product (see Table 1 to this part).
    Resident fisherman means an individual with documented commercial or 
subsistence fishing activity who maintains a mailing address and 
permanent domicile in an eligible community and is eligible to receive 
an Alaska Permanent Fund dividend at that address.
    Retain on board (see Secs. 600.10 and 679.27 of this chapter.)
    Rockfish means:
    (1) For the Gulf of Alaska: Any species of the genera Sebastes or 
Sebastelobus except Sebastes melanops, (black rockfish), and Sebastes 
mystinus, (blue rockfish).
    (2) For the Bering Sea and Aleutian Islands Management Area: Any 
species of the genera Sebastes or Sebastelobus.
    Round-weight equivalent means the weight of groundfish calculated by 
dividing the weight of the primary product made from that groundfish by 
the PRR for that primary product as listed in Table 3 of this part, or, 
if not listed, the weight of groundfish 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.
    Sablefish (black cod) means Anoplopoma fimbria.
    Salmon means the following species:
    (1) Chinook (or king) salmon (Oncorhynchus tshawytscha);
    (2) Coho (or silver) salmon (O. kisutch);

[[Page 482]]

    (3) Pink (or humpback) salmon (O. gorbuscha);
    (4) Sockeye (or red) salmon (O. nerka); and
    (5) Chum (or dog) salmon (O. keta).
    Scallop(s) means any species of the family Pectinidae, including, 
without limitation, weathervane scallops (Patinopectin caurinus).
    Scallop Registration Area H (Cook Inlet) means all Federal waters of 
the GOA west of the longitude of Cape Fairfield (148 deg.50' W. long.) 
and north of the latitude of Cape Douglas (58 deg.52' N. lat.).
    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.
    Shallow water flatfish (see annual final specifications published in 
the Federal Register pursuant to Sec. 679.20(c).)
    Shoreside processor means any person or vessel that receives 
unprocessed groundfish, except catcher/processors, motherships, buying 
stations, restaurants, or persons receiving groundfish for personal 
consumption or bait.
    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).
    State means the State of Alaska.
    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 223.202 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 Bering Sea and Aleutian Islands 
Area 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.
    Suspending official, for purposes of subpart E of this part, means a 
designee authorized by the Regional Administrator to impose suspension.
    Suspension, as used in Sec. 679.50, means action taken by a 
suspending official under Sec. 679.50(j) to suspend certification of 
observers or observer contractors temporarily until a final decision is 
made with respect to decertification.
    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 means:
    (1) Groundfish fisheries of the GOA and BSAI. Any loading, 
offloading, shipment or receipt of any groundfish product by a 
mothership, catcher/processor, or shoreside processor, 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 at any offsite meal reduction plant.
    (2) IFQ/CDQ fisheries. 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

[[Page 483]]

state, at any shoreside processor, or at any offsite meal reduction 
plant.
    Trawl test areas (see Figure 7 of this part and Sec. 679.24(d)).
    Unsorted codend is a codend of groundfish that is not brought on 
board a catcher vessel and that is delivered to a mothership or 
shoreside processor without the potential for sorting. No other instance 
of catcher vessel harvest is considered an ``unsorted codend.'' All 
other catch that does not meet this definition is considered 
``presorted'' whether or not sorting occurs.
    U.S. citizen means:
    (1) Any individual who is a citizen of the United States at the time 
of application for QS; or
    (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.
    U.S.-Russian Boundary means the seaward boundary of Russian waters 
as defined in Figure 1 of this part.
    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.
    Vessel length category means the length category of a vessel, based 
on the assigned MLOA, used to determine eligibility.
    Western Gulf or GOA Western Regulatory Areas means that portion of 
the GOA EEZ that is contained in Statistical Area 610 (see Figure 3 to 
this part).

[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; 61 FR 56429, Nov. 1, 1996; 61 FR 
65987, Dec. 16, 1996; 62 FR 2045, Jan. 15, 1997; 62 FR 17752, 17755, 
Apr. 11, 1997; 62 FR 19687, Apr. 23, 1997; 62 FR 26428, May 14, 1997; 62 
FR 38944, July 21, 1997; 62 FR 63890, Dec. 3, 1997; 62 FR 66831, Dec. 
22, 1997; 63 FR 8360, Feb. 19, 1998; 63 FR 11168, Mar. 6, 1998; 63 FR 
13011, Mar. 17, 1998; 63 FR 30398, June 4, 1998; 63 FR 32145, June 12, 
1998; 63 FR 38502, July 17, 1998; 63 FR 47355, Sept. 4, 1998; 63 FR 
52654, Oct. 1, 1998; 63 FR 64878, Nov. 24, 1998; 64 FR 3652, 3657, Jan. 
25, 1999; 64 FR 3882, Jan. 26, 1999; 64 FR 14077, Mar. 23, 1999; 64 FR 
20213, Apr. 26, 1999]

    Effective Date Note 1: At 63 FR 52652, Oct. 1, 1998, Sec. 679.2 was 
amended by revising the definitions for ``Legal Landing'', ``Maximum 
LOA'', ``Processing or to process'', and ``Qualified Person'', effective 
Jan. 1, 2000. For the convenience of the user, the superseded text 
follows:

Sec. 679.2  Definitions.

                                * * * * *

    Legal landing (applicable through June 30, 2000) 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.

                                * * * * *

    Maximum LOA (applicable through December 31, 1998), with respect to 
a vessel's eligibility for a groundfish or crab 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).

                                * * * * *

[[Page 484]]

    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.

                                * * * * *

    Qualified person (see IFQ Management Measures, Sec. 679.40(a)(2)).

                                * * * * *

    Effective Date Note 2: At 64 FR 3437, Jan. 22, 1999, Sec. 679.2 was 
amended by adding the definition ``American Fisheries Act'', effective 
Jan. 20, 1999, through July 19, 1999. At 64 FR 33425, June 23, 1999, the 
effective date was extended from July 19, 1999, to Dec. 31, 1999. For 
the convenience of the user, the added definition is set forth as 
follows:



Sec. 679.2  Definitions.

                                * * * * *

    American Fisheries Act (AFA) (applicable through July 19, 1999) 
means Title II--Fisheries, Subtitles I and II, as cited within the 
Omnibus Appropriations Bill FY99 (Pub. L. 105-277).

                                * * * * *

    Effective Date Note 3: At 64 FR 3881, Jan. 26, 1999, Sec. 679.2 was 
amended in part by suspending the definition for ``Groundfish CDQ 
fishing (applicable through December 31, 1998)'' and adding ``Directed 
fishing for pollock CDQ'', effective Jan. 21, 1999, through July 20, 
1999. At 64 FR 34743, June 29, 1999, the effective date was extended 
from July 20, 1999, through Dec. 31, 1999. For the convenience of the 
user, the added definition is set forth as follows:



Sec. 679.2  Definitions.

                                * * * * *

    Directed fishing for pollock CDQ means fishing that results in the 
following:
    (1) For each haul by a catcher/processor, the round weight of 
pollock represents 40 percent or more by weight of the total round 
weight of all groundfish in the haul.
    (2) For each delivery by a catcher vessel, the round weight of 
pollock represents 40 percent or more by weight of the total round 
weight of all groundfish delivered to the processor.

                                * * * * *



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. (1) 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 by the Alaska Statutes at Title 16.
    (2) Alaska Administrative Code (5 AAC 39.130) governs reporting and 
permitting requirements using ADF&G ``Intent to Operate'' and ``Fish 
Tickets.''
    (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 Bering 
Sea and Aleutian Islands Area 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.
    (f) Domestic fishing for high seas salmon. (1) Additional 
regulations governing the conservation and management of high seas 
salmon are set forth in Sec. 600.705 of this chapter.
    (2) This part does not apply to fishing for salmon by vessels other 
than vessels of the United States conducted under subpart H, part 660 
(West Coast Salmon Fisheries) under the North Pacific Fisheries Act of 
1954, 16 U.S.C. 1021-1035, concerning fishing for salmon seaward of 
Washington, Oregon, and California.
    (3) The High Seas Salmon Fishery is administered in close 
coordination with ADF&G's administration of the

[[Page 485]]

State of Alaska's regulations governing the salmon troll fishery off 
Southeast Alaska. Because no commercial fishing for salmon is allowed in 
the EEZ west of Cape Suckling, all commercial salmon fishing west of 
Cape Suckling must take place in Alaska's territorial sea and, 
consequently, is subject to Alaska's management authority.
    (4) 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.
    (5) 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).
    (6) 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 Administrative Codes 42.010 
through 75.995.
    (7) 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.
    (g) Scallops. Additional regulations governing conservation and 
management of scallops off Alaska are contained in Alaska Statutes A.S. 
16 and Alaska Administrative Code at 5 AAC Chapter 38.

[61 FR 31230, June 19, 1996, as amended at 61 FR 35578, July 5, 1996; 62 
FR 2045, Jan. 15, 1997; 62 FR 19688, Apr. 23, 1997; 63 FR 38502, July 
17, 1998; 63 FR 47356, Sept. 4, 1998]



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.
    (6) Harvesting privilege. Quota shares, permits, or licenses issued 
pursuant to this part are neither a right to the resource nor any 
interest that is subject to the ``takings'' provision of the Fifth 
Amendment to the U.S. Constitution. Rather, such quota shares, permits, 
or licenses represent only a harvesting privilege that may be revoked or 
amended subject to the requirements of the Magnuson-Stevens Act and 
other applicable law.
    (b) Federal Fisheries permit--(1) Groundfish. No vessel of the 
United 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.

[[Page 486]]

    (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 is issued on a 3-year 
cycle and is in effect from the date of issuance through the end of the 
current NMFS 3-year cycle, unless it is revoked, suspended, or modified 
under Sec. 600.735 or Sec. 600.740 of this chapter.
    (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 Administrator will issue a Federal fisheries permit required by 
this paragraph (b).
    (ii) The Regional Administrator 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.
    (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, 1999--(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.

[[Page 487]]

    (ii) Duration. Notwithstanding the expiration date printed on the 
permit, a moratorium permit is valid through December 31, 1999, 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 indicates an expiration of December 31, 1998, 
or December 31, 1999.
    (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 Bering Sea and Aleutian Islands Area 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 Bering Sea and Aleutian Islands Area 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:
    (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

[[Page 488]]

    (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--(i) General. A moratorium permit will be 
issued to the owner of a vessel of the United States if he/she submits 
to the Regional Administrator a complete application that is 
subsequently accepted and approved and if the vessel's LOA does not 
exceed the maximum LOA as specified in Sec. 679.2.
    (ii) Contents of application. A complete application for a 
moratorium permit must include the following information for each 
vessel:
    (A) Name of the vessel, state registration number of the vessel, and 
the USCG documentation number of the vessel, if any;
    (B) Name(s), business address(es), and telephone and fax numbers of 
the owner of the vessel;
    (C) Name of the managing company;
    (D) Valid documentation of the vessel's moratorium qualification, if 
requested by the Regional Administrator due to an absence of landings 
records for the vessel from January 1, 1988, through February 9, 1992;
    (E) Reliable documentation of the vessel's original qualifying LOA, 
if requested by the Regional Administrator, 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;
    (F) Specifications 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;
    (G) Specification of the vessel as either a catcher vessel or a 
catcher/processor vessel;
    (H) If applicable, transfer authorization if a permit request is 
based on the transfer of moratorium qualification pursuant to paragraph 
(c)(9) of this section; and
    (I) Signature of the person who is the owner of the vessel or the 
person who is responsible for representing the vessel owner.
    (iii) An application for a moratorium permit received after December 
31, 1998, will be denied unless it is based on a moratorium 
qualification for which a moratorium permit was issued on or before 
December 31, 1998.
    (7) Moratorium qualification--(i) Qualification by landings. A 
vessel has moratorium qualification if:
    (A) The vessel is an original qualifying vessel based on a legal 
landing of moratorium species between January 1, 1988, and February 9, 
1992;
    (B) The vessel is not a moratorium exempt vessel under paragraph 
(c)(2) of this section;
    (C) The vessel's moratorium qualification has not been transferred; 
and
    (D) A moratorium permit for the vessel's moratorium qualification 
has been issued based on an application submitted on or before December 
31, 1998.
    (ii) Qualification by transfer. A vessel has moratorium 
qualification if:
    (A) The vessel receives a valid moratorium qualification by a 
transfer approved by the Regional Administrator under paragraph (c)(9) 
of this section;

[[Page 489]]

    (B) The vessel is not a moratorium exempt vessel under paragraph 
(c)(2) of this section;
    (C) The moratorium qualification received by transfer has not been 
subsequently transferred; and
    (D) A moratorium permit for the vessel's moratorium qualification 
has been issued based on an application submitted on or before December 
31, 1998.
    (iii) Expiration of moratorium qualification. A vessel's moratorium 
qualification will expire on December 31, 1998, unless a moratorium 
permit has been applied for on or before December 31, 1998, and 
subsequently issued based on that moratorium qualification.
    (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 the Regional Administrator 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 Administrator 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 Administrator unless:

[[Page 490]]

    (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 
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 Administrator 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 Regional 
Administrator, within the period specified at Sec. 679.43.
    (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

[[Page 491]]

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 
Administrator.
    (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 
Administrator 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 Administrator 
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 Administrator 
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 Administrator to persons that 
have a registered buyer application approved by the Regional 
Administrator.
    (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

[[Page 492]]

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) Requirement. No shoreside 
processor of the United States or vessel of the United States operating 
solely as a mothership in Alaska State waters may receive or process 
groundfish harvested in the GOA or BSAI, unless the owner first obtains 
a Federal processor permit issued under this part. A Federal processor 
permit is issued without charge.
    (2) Application. A complete application for a Federal processor 
permit must include the following:
    (i) If the application is for an amended permit, the current Federal 
processor permit number and an update of the permit information that has 
changed.
    (ii) The shoreside processor's name, business street address, 
telephone number, and fax number.
    (iii) The shoreside processor owner's name or names, business 
mailing address, managing company, if any, telephone number, ADF&G 
Processor Code, and fax number.
    (iv) Indication of the fishery or fisheries for which the permit is 
requested.
    (v) Indication of the shoreside processor operations category.
    (vi) The owner of the shoreside processor must sign and date the 
application.
    (3) Issuance. (i) Upon receipt of a properly completed permit 
application, the Regional Administrator will issue a Federal processor 
permit required by this paragraph (f).
    (ii) The Regional Administrator will send the Federal processor 
permit to the applicant with the shoreside processor logbook, as 
provided under Sec. 679.5.
    (4) Duration. (i) A Federal processor permit is issued for a 3-year 
period and remains in full force and effect from the date of issuance 
through the end of the current NMFS 3-year renewal cycle, unless it is 
revoked, suspended, or modified under Sec. 600.735 or Sec. 600.740 of 
this chapter.
    (ii) A Federal processor permit is surrendered when the original 
permit is submitted to and received by the Chief, RAM Division, NMFS.
    (5) Transfer. A Federal processor permit issued under this paragraph 
(f) is not transferable or assignable and is valid only for the 
processor for which it is issued.
    (6) Inspection. (i) An original Federal processor permit issued 
under this paragraph (f) must be on site at the shoreside processor at 
all times. Photocopied or faxed copies are not considered originals.
    (ii) A permit issued under this paragraph (f) must be presented for 
inspection upon the request of any authorized officer.
    (g) Scallop moratorium permits (applicable through June 30, 2000)--
(1) General--(i) Applicability. Except as provided under paragraph 
(g)(2) of this section, any vessel used to take or retain any scallop 
species in Federal waters must have a valid scallop moratorium permit on 
board the vessel at all times when the vessel is engaged in fishing for 
scallops in Federal waters or has scallops taken from Federal waters 
retained on board. Any vessel used to take or retain scallops in Federal 
waters within Scallop Registration Area H must have a scallop moratorium 
permit endorsed for Registration Area H. Any vessel used to take or 
retain scallop species in Federal waters outside Registration Area H 
must have a scallop moratorium permit endorsed for Federal waters 
exclusive of Registration Area H.
    (ii) Applicable dates and duration. The requirement to carry a 
moratorium permit is applicable from July 1, 1997, through June 30, 
2000. A scallop moratorium permit is valid for the duration

[[Page 493]]

of the moratorium unless otherwise specified.
    (iii) Validity. A scallop moratorium permit issued under this 
paragraph is valid only if:
    (A) A person named on the moratorium permit is the owner or operator 
of the vessel on which the permit is used.
    (B) The vessel's LOA does not exceed the maximum LOA specified on 
the permit.
    (C) The permit has not been revoked or suspended under 15 CFR part 
904.
    (iv) Inspection. A scallop moratorium permit must be presented for 
inspection upon the request of any authorized officer.
    (2) Exemptions. A vessel that has an LOA of less than or equal to 26 
ft (7.9 m) in the GOA, and less than or equal to 32 ft (9.8 m) in the 
BSAI and that does not have dredge gear on board is exempt from the 
requirements of this paragraph (g) when fishing for scallops with dive 
gear.
    (3) Qualification criteria--(i) Qualifying period. To qualify for a 
moratorium permit, a vessel must have made a legal landing of scallops 
during 1991, 1992, or 1993, or during at least 4 separate years from 
1980 through 1990.
    (ii) Area endorsements. A scallop moratorium permit may contain an 
area endorsement for Federal waters within Registration Area H, for 
Federal waters outside Registration Area H, or for both areas.
    (A) Registration Area H. A scallop moratorium permit may be endorsed 
for fishing in Federal waters within Registration Area H if a qualifying 
vessel made a legal landing of scallops taken inside Registration Area H 
during the qualifying period defined at paragraph (g)(3)(i) of this 
section.
    (B) Waters outside Registration Area H. A scallop moratorium permit 
may be endorsed for fishing in Federal waters outside Registration Area 
H if the qualifying vessel made a legal landing of scallops taken in 
waters outside Registration Area H during the qualifying period defined 
at paragraph (g)(3)(i) of this section.
    (iii) Legal landings. Evidence of legal landings shall be limited to 
documentation of State or Federal catch reports that indicate the amount 
of scallops harvested, the registration area or location in which they 
were caught, the vessel used to catch them, and the date of harvesting, 
landing, or reporting.
    (4) Maximum LOA--(i) All scallop moratorium permits will specify a 
maximum LOA, which will be 1.2 times the LOA of the qualifying vessel on 
January 20, 1993, unless the qualifying vessel was under reconstruction 
on January 20, 1993.
    (ii) If a qualifying vessel was under reconstruction on January 20, 
1993, the maximum LOA will be the LOA on the date reconstruction was 
completed.
    (5) Application for permit. A scallop moratorium permit will be 
issued to the person or successor in interest who was the owner of a 
qualifying vessel when it most recently made qualifying landings under 
paragraph (g)(3) of this section, if he/she submits to the Regional 
Administrator a complete scallop moratorium permit application that is 
subsequently approved. A complete application for a scallop moratorium 
permit must include the following information:
    (i) Name(s), signature(s), business address(es), and telephone and 
fax numbers of the person(s) who owned the vessel when the most recent 
qualifying landing of scallops occurred.
    (ii) Name of the qualifying vessel, state registration number of the 
vessel and the USCG number of the vessel, if any.
    (iii) Valid documentation of the vessel's basis for moratorium 
qualification, if requested by the Regional Administrator due to an 
absence of landings records for the vessel for the qualifying period.
    (iv) Reliable documentation of the vessel's qualifying LOA, if 
requested by the Regional Administrator, such as a vessel survey, 
builder's plan, state or Federal registration certificate, or other 
reliable and probative documents that clearly identify the vessel and 
its LOA and that are dated on or before January 20, 1993.
    (v) Name(s) and signature(s) of the person(s) who is/are the 
owner(s) of the vessel or the person(s) responsible for representing the 
vessel owner.
    (vi) If the qualifying vessel was under reconstruction on January 
20, 1993, the

[[Page 494]]

permit application must contain the following additional information:
    (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 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.
    (6) Vessel ownership. Evidence of vessel ownership shall be limited 
to the following documents, in order of priority:
    (i) For vessels required to be documented under the laws of the 
United States, the USCG abstract of title issued in respect to that 
vessel.
    (ii) A certificate of registration that is determinative as to 
vessel ownership.
    (iii) A bill of sale.
    (7) Permit transfer--(i) Applicability. A moratorium permit transfer 
is required to effect any change in permit ownership including the 
addition or subtraction of partners. Area endorsements may not be 
transferred independently of a moratorium permit.
    (ii) Required information. A complete application for approval of 
transfer of a scallop moratorium permit must include the following:
    (A) The original moratorium permit to be transferred.
    (B) Name(s), business address(es), and telephone and fax numbers of 
the applicant(s) including the holders of the scallop moratorium permit 
that is to be transferred and the person(s) who is to receive the 
transferred scallop moratorium permit.
    (C) Name(s) and signature(s) of the person(s) from whom the 
moratorium permit would be transferred or their representative, and the 
person(s) who would receive the transferred moratorium permit or their 
representative.
    (D) A legible copy of a contract or agreement to transfer the 
moratorium permit in question must be included with the application for 
transfer that specifies the person(s) from whom the scallop moratorium 
permit is to be transferred, the date of the transfer agreement, name(s) 
and signature(s) of the current holder(s) of the permit, and name(s) and 
signature(s) of person(s) to whom the scallop moratorium permit is to be 
transferred.
    (8) Appeal--(i) Determination. The Chief, RAM Division, will issue 
an initial administrative determination to an applicant upon denial of a 
scallop 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 Regional 
Administrator postmarked within the period specified at Sec. 679.43.
    (ii) Permit denial. An initial administrative determination that 
denies an application for a scallop moratorium permit may authorize the 
affected person to take or retain scallops. Any administrative 
determination that authorizes fishing will expire on the effective date 
of the final agency action relating to the application.
    (iii) Final action. An administrative determination denying the 
issuance of a scallop moratorium permit is the final agency action for 
purposes of judicial review.
    (9) Harvesting privilege. Scallop moratorium permits issued pursuant 
to this part do not represent an interest that is subject to the 
``takings'' provision of the 5th Amendment to the U.S. Constitution. 
Rather, such permits represent only a harvesting privilege that may be 
revoked or amended subject to the requirements of the Magnuson-Stevens 
Act and other applicable laws.
    (h) High Seas Salmon permits--(1) Operators of commercial fishing 
vessels using power troll gear. The operator of a fishing vessel using 
power troll gear may engage in commercial fishing for salmon in the High 
Seas Salmon Management Area if the operator:
    (i) Held a valid State of Alaska power troll permanent entry permit 
on May 15, 1979, or is a transferee under paragraph (h)(13) of this 
section from 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

[[Page 495]]

    (iii) Holds a High Seas Salmon Fishery permit issued by the Regional 
Administrator under paragraph (h)(7) of this section.
    (2) Crew members and other persons not the operator of a commercial 
fishing vessel using power trawl gear. Crew members or other persons 
aboard but not the operator of a fishing vessel may assist in the 
vessel's commercial salmon fishing operations in the High Seas 
Management Area without a permit if a person described in paragraph 
(h)(1)(i) through (iii) of this section is also aboard the vessel and is 
engaged in the vessel's commercial fishing operations.
    (3) Personal use fishing. Any person who holds a valid State of 
Alaska sport fishing license may engage in personal use fishing in the 
High Seas Salmon Management Area.
    (4) Duration. Authorization under this paragraph (h) to engage in 
fishing for salmon in the High Seas Salmon Management Area constitutes a 
use privilege which may be revoked or modified without compensation.
    (5) Eligibility criteria for permits issued by the Regional 
Administrator. (i) Any person is eligible to be issued a High Seas 
Salmon Fishery permit under paragraph (h)(7) of this section if that 
person, during any one of the calendar years 1975, 1976, or 1977:
    (A) Operated a fishing vessel in the High Seas Salmon Management 
Area.
    (B) Engaged in commercial fishing for salmon in the High Seas Salmon 
Management Area.
    (C) Caught salmon in the High Seas Salmon Management Area using 
power troll gear.
    (D) Landed such salmon.
    (ii) The following persons are not eligible to be issued a High Seas 
Salmon Fishery permit under paragraph (h)(7) of this section:
    (A) Persons described in paragraph (h)(1)(i) or (h)(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.
    (6) Application. Applications for a High Seas Salmon Fishery permit 
must be in writing, signed by the applicant, and submitted to the 
Regional Administrator, at least 30 days prior to the date the person 
wishes to commence fishing, and must include:
    (i) The applicant's name, mailing address, and telephone number.
    (ii) The vessel's name, USCG documentation number or State of Alaska 
registration number, home port, length overall, registered tonnage, and 
color of the fishing vessel.
    (iii) The type of fishing gear used by the fishing vessel.
    (iv) State of Alaska fish tickets or other equivalent documents 
showing the actual landing of salmon taken in the High Seas Salmon 
Management Area by the applicant with power troll gear during any one of 
the years 1975 to 1977.
    (7) Issuance. (i) Except as provided in subpart D of 15 CFR part 
904, upon receipt of a properly completed application, the Regional 
Administrator will determine whether the permit eligibility conditions 
have been met, and if so, will issue a High Seas Salmon Fishery permit.
    (ii) If the permit is denied, the Regional Administrator will notify 
the applicant in accordance with paragraph (h)(16) of this section.
    (iii) If an incomplete or improperly completed permit application is 
filed, the Regional Administrator will 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.
    (8) Amended application. Any person who applies for and receives a 
High Seas Salmon Fishery permit issued under paragraph (h)(7) of this 
section must notify the Regional Administrator within 30 days of a 
change in any of the information submitted under paragraph (h)(6) of 
this section.
    (9) Replacement. Replacement permits may be issued for lost or 
unintentionally mutilated permits. An application for a replacement 
permit shall not be considered a new application.
    (10) Display. Any permit or license described in paragraph (h)(1) or 
(h)(3) of this section must be on board the vessel at all times while 
the vessel is in the High Seas Salmon Management Area.
    (11) Inspection. Any permit or license described in paragraph (h)(1) 
or (h)(3) of

[[Page 496]]

this section must be presented for inspection upon request by an 
authorized officer.
    (12) Sanctions. Procedures governing permit sanctions and denials 
are found at subpart D of 15 CFR part 904.
    (13) Transfer of authority to fish in the High Seas Salmon 
Management Area--(i) State of Alaska power troll permanent entry 
permits. The authority of any person to engage in commercial fishing for 
salmon using power troll gear in the High Seas Salmon 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) Transfer of Authority by the Regional Administrator. (A) Any 
person to whom the proposed 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 
Administrator for transfer to the applicant of the current holder's 
authority to engage in commercial fishing for salmon using power troll 
gear in the High Seas Salmon Management Area.
    (B) The application for transfer shall be filed with the Regional 
Administrator within 30 days of the denial by the State of Alaska of the 
proposed transfer of the permit.
    (C) The application for transfer 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 Administrator 
may request additional information from the applicant or from the State 
of Alaska to assist in the consideration of the application.
    (D) The Regional Administrator shall approve the transfer if it is 
determined that:
    (1) 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.
    (2) The applicant has access to power troll gear necessary for 
participation in the fishery.
    (3) The State of Alaska has not instituted proceedings to revoke the 
permit on the ground that it was fraudulently obtained.
    (4) The proposed transfer of the permit is not a lease.
    (E) Upon approval of the transfer application by the Regional 
Administrator, the authority of the permit holder to engage in 
commercial fishing for salmon in the High Seas Salmon Management Area 
using power troll gear shall expire, and that authority shall be 
transferred to the applicant.
    (14) Other Permits. (i) Except for emergency transfers under 
paragraph (h)(15) of this section, the authority of any person described 
in paragraph (h)(1)(ii), (h)(1)(iii), or (h)(3) of this section to fish 
for salmon in the High Seas Salmon Management Area, may not be 
transferred to any other person.
    (ii) Except for emergency transfers under paragraph (h)(15) of this 
section, the authority to engage in commercial fishing for salmon which 
was transferred under paragraph (h)(13)(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.
    (iii) The authority described in paragraph (h)(14)(ii) of this 
section may be transferred to the current holder of that permit upon 
receipt of written notification of the transfer by the Regional 
Administrator.
    (15) Emergency transfers--authority to use power troll gear. (i) The 
authority of any person to engage in commercial fishing for salmon using 
power troll gear in the High Seas Salmon Management Area may be 
transferred to another person 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.
    (ii) 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.
    (iii) Any person may apply to the Regional Administrator for 
emergency

[[Page 497]]

transfer of the current holder's authority to engage in commercial 
fishing for salmon using power troll gear in the High Seas Salmon 
Management Area for a period not lasting beyond the calendar year of the 
proposed transfer, if a person:
    (A) Is denied emergency transfer of a State of Alaska power troll 
entry permit by the State of Alaska; or
    (B) Requests emergency transfer of a Federal commercial power troll 
permit previously issued by the Regional Administrator, with the consent 
of the current holder of that permit.
    (iv) The Regional Administrator shall approve the transfer if he 
determines that:
    (A) Sickness, injury, or other unavoidable hardship prevents the 
current permit holder from engaging in such fishing.
    (B) 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 Administrator.
    (C) The applicant has access to power troll gear necessary for 
participation in the fishery.
    (D) The State of Alaska has not instituted proceedings to revoke the 
permit on the grounds that it was fraudulently obtained.
    (v) The application in the case of a State of Alaska permit shall be 
filed with the Regional Administrator within 30 days of the denial by 
the State of Alaska of emergency transfer of the permit.
    (vi) 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 Administrator 
may request additional information from the applicant or from the State 
of Alaska to assist in the consideration of the application.
    (vii) Upon approval of the application by the Regional 
Administrator, the authority of the permit holder to engage in 
commercial fishing for salmon using power troll gear in the High Seas 
Salmon Management Area shall expire for the period of the emergency 
transfer, and that authority shall be transferred to the applicant for 
that period.
    (16) Appeals and hearings. (i) A decision by the Regional 
Administrator to deny a permit under paragraph (h)(7) of this section or 
to deny transfer of authority to engage in commercial fishing for salmon 
in the High Seas Salmon Management Area under paragraphs (h)(13) and 
(h)(14) of this section will:
    (A) Be in writing.
    (B) State the facts and reasons therefor.
    (C) Advise the applicant of the rights provided in this paragraph 
(h)(16).
    (ii) Any such decision of the Regional Administrator shall be final 
30 days after receipt by the applicant, unless an appeal is filed with 
the NOAA/NMFS Assistant Administrator within that time.
    (iii) Failure to file a timely appeal shall constitute waiver of the 
appeal.
    (iv) Appeals under this paragraph (h)(16) must:
    (A) Be in writing.
    (B) Set forth the reasons why the appellant believes the Regional 
Administrator's decision was in error.
    (C) Include any supporting facts or documentation.
    (v) 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 will constitute a waiver of the right to request a hearing.
    (vi) If a hearing is requested, the Assistant Administrator may 
order an informal fact-finding hearing if it is determined that a 
hearing is necessary to resolve material issues of fact and shall so 
notify the appellant.
    (vii) If the Assistant Administrator orders a hearing, the order 
will appoint a hearing examiner to conduct the hearing.
    (viii) Following the hearing, the hearing examiner shall promptly 
furnish the Assistant Administrator with a report and appropriate 
recommendations.
    (ix) As soon as practicable after considering the matters raised in 
the appeal, and any report or recommendation of the hearing examiner in 
the

[[Page 498]]

event a hearing is held under this paragraph (h)(16), the Assistant 
Administrator shall decide the appeal.
    (x) The Assistant Administrator shall promptly notify the appellant 
of the final decision. Such notice shall set forth the findings of the 
Assistant Administrator and set forth the basis of the decision. The 
decision of the Assistant Administrator shall be the final 
administrative action of the Department of Commerce.
    (i) Experimental fisheries permits. (See Sec. 679.6.)
    (j) Salmon donation program permits. (See Sec. 679.26(a)(3).)
    (k) Licenses for license limitation groundfish or crab species--(1) 
General requirements. (i) In addition to the permit and licensing 
requirements prescribed in this part, and except as provided in 
paragraph (k)(2) of this section, each vessel within the GOA or the BSAI 
must have a groundfish license on board at all times it is engaged in 
fishing activities defined in Sec. 679.2 as directed fishing for license 
limitation groundfish. This groundfish license, issued by NMFS to a 
qualified person, authorizes a license holder to deploy a vessel to 
conduct directed fishing for license limitation groundfish only in the 
specific area(s) designated on the license and may only be used on a 
vessel that complies with the vessel designation and MLOA specified on 
the license.
    (ii) In addition to the permit and licensing requirements prescribed 
in this part, and except as provided in paragraph (k)(2) of this 
section, each vessel within the Bering Sea and Aleutian Islands Area 
must have a crab species license on board at all times it is engaged in 
fishing activities defined in Sec. 679.2 as directed fishing for crab 
species. This crab species license, issued by NMFS to a qualified 
person, authorizes a license holder to deploy a vessel to conduct 
directed fishing for crab species only for the specific species and in 
the specific area(s) designated on the license, and may be used only on 
a vessel that complies with the vessel designation and MLOA specified on 
the license.
    (2) Exempt vessels. Notwithstanding the requirements of paragraph 
(k)(1) of this section,
    (i) A catcher vessel or catcher/processor vessel that does not 
exceed 26 ft (7.9 m) LOA may conduct directed fishing for license 
limitation groundfish in the GOA without a groundfish license;
    (ii) A catcher vessel or catcher/processor vessel that does not 
exceed 32 ft (9.8 m) LOA may conduct directed fishing for license 
limitation groundfish in the BSAI without a groundfish license and may 
conduct directed fishing for crab species in the Bering Sea and Aleutian 
Islands Area without a crab species license;
    (iii) A catcher vessel or catcher/processor vessel that does not 
exceed 60 ft (18.3 m) LOA may use a maximum of 5 jig machines, one line 
per jig machine, and a maximum of 15 hooks per line, to conduct directed 
fishing for license limitation groundfish in the BSAI without a 
groundfish license; or
    (iv) A catcher vessel or catcher/processor vessel that does not 
exceed 125 ft (38.1 m) LOA, and that was, after November 18, 1992, 
specifically constructed for and used exclusively in accordance with a 
CDP approved by NMFS under Subpart C of this part, and is designed and 
equipped to meet specific needs that are described in the CDP may 
conduct directed fishing for license limitation groundfish in the GOA 
and in the BSAI area without a groundfish license and for crab species 
in the Bering Sea and Aleutian Islands Area without a crab species 
license.
    (3) Vessel designations and vessel length categories--(i) General. A 
license can be used only on a vessel that complies with the vessel 
designation specified on the license and that has an LOA less than or 
equal to the MLOA specified on the license.
    (ii) Vessel designations--(A) Catcher/processor vessel. A license 
will be assigned a catcher/processor vessel designation if:
    (1) For license limitation groundfish, license limitation groundfish 
were processed on the vessel that qualified for the groundfish license 
under paragraph (k)(4) of this section during the period January 1, 
1994, through June 17, 1995, or in the most recent calendar year of 
participation during the area endorsement qualifying period specified in 
paragraph (k)(4)(ii) of this section; or

[[Page 499]]

    (2) For crab species, crab species were processed on the vessel that 
qualified for the crab species license under paragraph (k)(5) of this 
section during the period January 1, 1994, through December 31, 1994, or 
in the most recent calendar year of participation during the area 
endorsement qualifying period specified in paragraph (k)(5)(ii) of this 
section.
    (3) For purposes of paragraphs (k)(3)(ii)(A)(1) and (k)(3)(ii)(A)(2) 
of this section, evidence of processing must be demonstrated by Weekly 
Production Reports or other valid documentation demonstrating that 
processing occurred on the vessel during the relevant period.
    (B) Catcher vessel. A license will be assigned a catcher vessel 
designation if it does not meet the criteria in paragraph 
(k)(3)(ii)(A)(1) or (k)(3)(ii)(A)(2) of this section to be assigned a 
catcher/processor vessel designation.
    (C) Changing a vessel designation. A person who holds a groundfish 
license or a crab species license with a catcher/processor vessel 
designation may, upon request to the Regional Administrator, have the 
license reissued with a catcher vessel designation. The vessel 
designation change to a catcher vessel will be permanent, and that 
license will be valid for only those activities specified in the 
definition of catcher vessel designation at Sec. 679.2.
    (iii) Vessel length categories. A vessel's eligibility will be 
determined using the following three vessel length categories, which are 
based on the vessel's LOA on June 17, 1995, or, if the vessel was under 
reconstruction on June 17, 1995, the vessel's length on the date that 
reconstruction was completed.
    (A) Vessel length category ``A'' if the LOA of the qualifying vessel 
on the relevant date was equal to or greater than 125 ft (38.1 m) LOA.
    (B) Vessel length category ``B'' if the LOA of the qualifying vessel 
on the relevant date was equal to or greater than 60 ft (18.3 m) but 
less than 125 ft (38.1 m) LOA.
    (C) Vessel length category ``C'' if the LOA of the qualifying vessel 
on the relevant date was less than 60 ft (18.3 m) LOA.
    (4) Qualifications for a groundfish license. A groundfish license 
will be issued to an eligible applicant that meets the criteria in 
paragraphs (k)(4)(i) and (k)(4)(ii) of this section. For purposes of the 
license limitation program, evidence of a documented harvest must be 
demonstrated by a state catch report, a Federal catch report, or other 
valid documentation that indicates the amount of license limitation 
groundfish harvested, the groundfish reporting area in which the license 
limitation groundfish was harvested, the vessel and gear type used to 
harvest the license limitation groundfish, and the date of harvesting, 
landing, or reporting. State catch reports are Alaska, California, 
Oregon, or Washington fish tickets. Federal catch reports are Weekly 
Production Reports required under Sec. 679.5.
    (i) General qualification periods (GQP). (A) At least one documented 
harvest of any amount of license limitation groundfish species must have 
been made from a vessel to qualify for one or more of the area 
endorsements in paragraphs (k)(4)(ii)(A) and (k)(4)(ii)(B) of this 
section. This documented harvest must have been of license limitation 
groundfish species caught and retained in the BSAI or in the State 
waters shoreward of the BSAI and must have occurred during the following 
periods:
    (1) January 1, 1988, through June 27, 1992;
    (2) January 1, 1988, through December 31, 1994, provided that the 
harvest was of license limitation groundfish using pot or jig gear from 
a vessel that was less than 60 ft (18.3 m) LOA; or
    (3) January 1, 1988, through June 17, 1995, provided that the vessel 
qualified for a gear endorsement under the Vessel Moratorium based on 
criteria specified at Sec. 679.4(c)(5)(ii)(B) or 
Sec. 679.4(c)(5)(iv)(B).
    (B) At least one documented harvest of any amount of license 
limitation groundfish species must have been made from a vessel to 
qualify for one or more of the area endorsements in paragraphs 
(k)(4)(ii)(C) through (k)(4)(ii)(E) of this section. This documented 
harvest must have been of fish caught and retained in the GOA or in the 
State waters shoreward of the GOA and must have occurred during the 
following periods:

[[Page 500]]

    (1) January 1, 1988, through June 27, 1992;
    (2) January 1, 1988, through December 31, 1994, provided that the 
harvest was of license limitation groundfish using pot or jig gear from 
a vessel that was less than 60 ft (18.3 m) LOA; or
    (3) January 1, 1988, through June 17, 1995, provided that the vessel 
qualified for a gear endorsement under the Vessel Moratorium based on 
criteria specified at Sec. 679.4(c)(5)(ii)(B) or 
Sec. 679.4(c)(5)(iv)(B).
    (ii) Endorsement qualification periods (EQP). A groundfish license 
will be assigned one or more area endorsements based on the criteria in 
paragraphs (k)(4)(ii)(A) through (k)(4)(ii)(E) of this section.
    (A) Aleutian Islands area endorsement. For a license to be assigned 
an Aleutian Islands endorsement, at least one documented harvest of any 
amount of license limitation groundfish must have been made from a 
vessel in any vessel length category (vessel categories ``A'' through 
``C'') between January 1, 1992, and June 17, 1995, and in the Aleutian 
Islands Subarea or in State waters shoreward of that subarea.
    (B) Bering Sea area endorsement. For a license to be assigned a 
Bering Sea area endorsement, at least one documented harvest of any 
amount of license limitation groundfish must have been made from a 
vessel in any vessel length category (vessel categories ``A'' through 
``C'') between January 1, 1992, and June 17, 1995, and in the Bering Sea 
Subarea or in State waters shoreward of that subarea.
    (C) Western Gulf area endorsement--(1) Vessel length category ``A''. 
For a license to be assigned a Western Gulf area endorsement based on 
the participation from a vessel in vessel length category ``A'', at 
least one documented harvest of any amount of license limitation 
groundfish must have been made from that vessel from January 1, 1992, 
through June 17, 1995, in the Western Area of the Gulf of Alaska or in 
State waters shoreward of that area.
    (2) Vessel length category ``B'' and catcher vessel designation. For 
a license to be assigned a Western Gulf area endorsement based on the 
participation from a vessel in vessel length category ``B'' and that 
would qualify for a catcher vessel designation under this section, at 
least one documented harvest of any amount of license limitation 
groundfish must have been made from that vessel from January 1, 1992, 
through June 17, 1995, in the Western Area of the Gulf of Alaska or in 
State waters shoreward of that area.
    (3) Vessel length category ``B'' and catcher/processor vessel 
designation. For a license to be assigned a Western Gulf area 
endorsement based on the participation from a vessel in vessel length 
category ``B'' and that would qualify for a catcher/processor vessel 
designation under this section, at least one documented harvest of any 
amount of license limitation groundfish must have been made from that 
vessel in each of any 2 calendar years from January 1, 1992, through 
June 17, 1995, in the Western Area of the Gulf of Alaska or in State 
waters shoreward of that area, or at least four documented harvests of 
any amount of license limitation groundfish harvested from January 1, 
1995, through June 17, 1995, in the Western Area of the Gulf of Alaska 
or in State waters shoreward of that area.
    (4) Vessel length category ``C''. For a license to be assigned a 
Western Gulf area endorsement based on the participation from a vessel 
in vessel length category ``C'', at least one documented harvest of any 
amount of license limitation groundfish must have been made from that 
vessel from January 1, 1992, through June 17, 1995. This documented 
harvest must have recorded a harvest occurring in the Western Area of 
the Gulf of Alaska or in State waters shoreward of that area for a 
Western Gulf area endorsement.
    (D) Central Gulf area endorsement--(1) Vessel length category ``A''. 
For a license to be assigned a Central Gulf area endorsement based on 
the participation of a vessel in vessel length category ``A'', at least 
one documented harvest of any amount of license limitation groundfish 
must have been made from that vessel in each of any 2 calendar years 
from January 1, 1992, through June 17, 1995. These documented harvests 
must have recorded harvests occurring in the Central Area of the Gulf of 
Alaska or in State waters shoreward of that area, or in the West Yakutat

[[Page 501]]

District or in state waters shoreward of that district.
    (2) Vessel length category ``B''. For a license to be assigned a 
Central Gulf area endorsement based on the participation from a vessel 
in vessel length category ``B'', at least one documented harvest of any 
amount of license limitation groundfish must have been made from that 
vessel in each of any 2 calendar years from January 1, 1992, through 
June 17, 1995, or at least four documented harvests from January 1, 
1995, through June 17, 1995. These documented harvests must have 
recorded harvests occurring in the Central Area of the Gulf of Alaska or 
in State waters shoreward of that area, or in the West Yakutat District 
or in state waters shoreward of that district.
    (3) Vessel length category ``C''. For a license to be assigned a 
Central Gulf area endorsement based on the participation from a vessel 
in vessel length category ``C'', at least one documented harvest of any 
amount of license limitation groundfish must have been made from that 
vessel from January 1, 1992, through June 17, 1995. This documented 
harvest must have recorded a harvest occurring in the Central Area of 
the Gulf of Alaska or in State waters shoreward of that area, or in the 
West Yakutat District or in state waters shoreward of that district.
    (E) Southeast Outside area endorsement--(1) Vessel length category 
``A''. For a license to be assigned a Southeast Outside area endorsement 
based on the participation from a vessel in vessel length category 
``A'', at least one documented harvest of any amount of license 
limitation groundfish must have been made from that vessel in each of 
any 2 calendar years from January 1, 1992, through June 17, 1995. These 
documented harvests must have recorded harvests occurring in the 
Southeast Outside District or in State waters shoreward of that 
district.
    (2) Vessel length category ``B''. For a license to be assigned a 
Southeast Outside area endorsement based on the participation from a 
vessel in vessel length category ``B'', at least one documented harvest 
of any amount of license limitation groundfish must have been made from 
that vessel in each of any 2 calendar years from January 1, 1992, 
through June 17, 1995, or at least four documented harvests from January 
1, 1995, through June 17, 1995. These documented harvests must have 
recorded harvests occurring in the Southeast Outside District or in 
State waters shoreward of that district.
    (3) Vessel length category ``C''. For a license to be assigned a 
Southeast outside area endorsement based on the participation from a 
vessel in vessel length category ``C'', at least one documented harvest 
of any amount of license limitation groundfish must have been made from 
that vessel from January 1, 1992, through June 17, 1995. This documented 
harvest must have recorded a harvest occurring in the Southeast Outside 
District or in State waters shoreward of that district.
    (iii) An eligible applicant that is issued a groundfish license 
based on a vessel's qualifications under paragraph (k)(4)(i)(A)(2) or 
(k)(4)(i)(B)(2) of this section must choose only one area endorsement 
for that groundfish license even if the vessel qualifies for more than 
one area endorsement.
    (iv) Notwithstanding the provisions in paragraph (k)(4) of this 
section, a license with the appropriate area endorsements will be issued 
to an eligible applicant whose vessel meets the requirements of 
paragraph (k)(4)(i)(A), and the requirements of paragraph (k)(4)(ii)(C), 
(k)(4)(ii)(D), or (k)(4)(ii)(E) of this section, but
    (A) From whose vessel no documented harvests were made in the GOA or 
state waters shoreward of the GOA between January 1, 1988, and June 27, 
1992, and
    (B) From whose vessel no documented harvests were made in the BSAI 
or state waters shoreward of the BSAI between January 1, 1992, and June 
17, 1995.
    (v) Notwithstanding the provisions of paragraph (k)(4) of this 
section, a license with the appropriate area endorsements will be issued 
to an eligible applicant whose vessel meets the requirements of 
paragraph (k)(4)(i)(B) of this section, and the requirements of 
paragraph (k)(4)(ii)(A) or (k)(4)(ii)(B) of this section, but
    (A) From whose vessel no documented harvests were made in the BSAI 
or state waters shoreward of the

[[Page 502]]

BSAI between January 1, 1988, and June 27, 1992, and
    (B) From whose vessel no documented harvests were made in the GOA or 
state waters shoreward of the GOA between January 1, 1992, and June 17, 
1995.
    (5) Qualifications for a crab species license. A crab species 
license will be issued to an eligible applicant who owned a vessel that 
meets the criteria in paragraphs (k)(5)(i) and (k)(5)(ii) of this 
section, except that vessels are exempt from the requirements in 
paragraph (k)(5)(i) of this section for the area/species endorsements in 
paragraph (k)(5)(ii)(A) and (k)(5)(ii)(G) of this section.
    (i) General qualification period (GQP). To qualify for one or more 
of the area/species endorsements in paragraph (k)(5)(ii) of this 
section:
    (A) At least one documented harvest of any amount of crab species 
must have been made from a vessel between January 1, 1988, and June 27, 
1992; or
    (B) At least one documented harvest of any amount of crab species 
must have been made from a vessel between January 1, 1988, and December 
31, 1994, providing that the vessel from which the documented harvest 
was made qualified for a gear endorsement under the Vessel Moratorium 
based on criteria specified at Sec. 679.4(c)(5)(i)(B).
    (ii) Area/Species Endorsements. A crab species license will be 
assigned one or more area/species endorsements specified at Sec. 679.2 
based on the criteria in paragraphs (k)(5)(ii)(A) through (G) of this 
section.
    (A) Pribilof red king and Pribilof blue king. At least one 
documented harvest of any amount of red king or blue king crab harvested 
in the area described in the definition for the Pribilof red king and 
Pribilof blue king area/species endorsement in Sec. 679.2 must have been 
made from a vessel between January 1, 1993, and December 31, 1994, to 
qualify for a Pribilof red king and Pribilof blue king area/species 
endorsement.
    (B) Bering Sea and Aleutian Islands Area C. opilio and C. bairdi. At 
least three documented harvests of any amount of C. opilio or C. bairdi 
crab harvested in the area described in the definition for the Bering 
Sea and Aleutian Islands Area C. opilio or C. bairdi area/species 
endorsement in Sec. 679.2 must have been made from a vessel between 
January 1, 1992, and December 31, 1994, to qualify for a C. opilio and 
C. bairdi area/species endorsement.
    (C) St. Matthew blue king. At least one documented harvest of any 
amount of blue king crab harvested in the area described in the 
definition for the St. Matthews blue king area/species endorsement in 
Sec. 679.2 must have been made from a vessel between January 1, 1992, 
and December 31, 1994, to qualify for a St. Matthew blue king area/
species endorsement.
    (D) Aleutian Islands brown king. At least three documented harvests 
of any amount of brown king crab harvested in the area described in the 
definition for the Aleutian Islands brown king area/species endorsement 
in Sec. 679.2 must have been made from a vessel between January 1, 1992, 
and December 31, 1994, to qualify for a Aleutian Islands brown king 
area/species endorsement.
    (E) Aleutian Islands red king. At least one documented harvest of 
any amount of red king crab harvested in the area described in the 
definition for the Aleutian Islands red king area/species endorsement in 
Sec. 679.2 must have been made from a vessel between January 1, 1992, 
and December 31, 1994, to qualify for a Aleutian Islands red king area/
species endorsement.
    (F) Bristol Bay red king. At least one documented harvest of any 
amount of red king crab harvested in the area described in the 
definition for the Bristol Bay red king area/species endorsement in 
Sec. 679.2 must have been made from a vessel between January 1, 1991, 
and December 31, 1994, to qualify for a Bristol Bay red king area/
species endorsement.
    (G) Norton Sound red king and Norton Sound blue king. At least one 
documented harvest of any amount of red king or blue king crab harvested 
in the area described in the definition for the Norton Sound red king 
and Norton Sound blue king area/species endorsement in Sec. 679.2 must 
have been made from a vessel between January 1, 1993, and December 31, 
1994, to qualify for a Norton Sound red king and Norton Sound blue king 
area/species endorsement.

[[Page 503]]

    (6) Application for a groundfish license or a crab species license. 
(i) General. The Regional Administrator will issue a groundfish license 
or a crab species license to an applicant if a complete application is 
submitted by or on behalf of the applicant during the specified 
application period, and if that applicant meets all the criteria for 
eligibility in paragraph (k) of this section. An application that is 
postmarked or delivered after the ending date for the application period 
for the License Limitation Program specified in the Federal Register 
will be denied. An application form will be sent to the last known 
address of a person identified as an eligible applicant by the official 
LLP record. An application form may be requested from the Regional 
Administrator.
    (ii) Application period. An application period of no less than 90 
days will be specified by notification in the Federal Register and other 
information sources deemed appropriate by the Regional Administrator.
    (iii) Contents of application. To be complete, an application for a 
groundfish license or a crab species license must be signed by the 
applicant, or the individual representing the applicant, and contain the 
following, as applicable:
    (A) Name, business address, telephone number, and FAX number of the 
applicant;
    (B) Name, state registration number (e.g., ADF&G number), and, if 
applicable, the USCG documentation number of the vessel being used as 
the basis for eligibility for a license; and name, state registration 
number (e.g., ADF&G number), and, if applicable, the USCG documentation 
number of the vessel to be deployed with the license if different than 
the vessel used as the basis of eligibility for a license;
    (C) Name of the managing company, if any;
    (D) Valid evidence of the documented harvests that are the basis of 
eligibility for a license, including harvest area, gear used, date of 
landing, and, if applying for a crab species license, species;
    (E) Valid evidence of LOA on June 24, 1992, of the vessel used as 
the basis of eligibility for a license, except if that vessel was under 
reconstruction on that date, valid evidence of LOA on the date 
reconstruction was completed and valid evidence of when reconstruction 
began and ended;
    (F) Valid evidence of LOA on June 17, 1995, of the vessel used as 
the basis of eligibility for a license, except if that vessel was under 
reconstruction on that date, valid evidence of LOA on the date 
reconstruction was completed, and valid evidence of when reconstruction 
began and ended;
    (G) Valid evidence to support the applicant's claim for a vessel 
designation of catcher vessel or catcher/processor vessel;
    (H) Valid evidence of ownership of the vessel being used as the 
basis for eligibility for a license (for USCG documented vessels, valid 
evidence must be the USCG Abstract of Title), or if eligibility is based 
on a fishing history that has been separated from a vessel, valid 
evidence of ownership of the fishing history being used as the basis of 
eligibility for a license; and
    (I) Valid evidence of the LOA of the vessel to be deployed by the 
license if different than the vessel used as the basis for eligibility 
for a license.
    (iv) Other information required for special circumstances.
    (A) Successor-in-interest. If an applicant is applying as the 
successor-in-interest to an eligible applicant, an application, to be 
complete, also must contain valid evidence proving the applicant's 
status as a successor-in-interest to that eligible applicant and:
    (1) Valid evidence of the death of that eligible applicant at the 
time of application, if the eligible applicant was or is an individual; 
or
    (2) Valid evidence that the eligible applicant is no longer in 
existence at the time of application, if the eligible applicant is not 
an individual.
    (B) Norton Sound crab species license endorsement. If an applicant 
is applying for a crab species license endorsement for Norton Sound and 
if the applicant is a person, an application, to be complete, must 
contain valid evidence that the applicant was a State of Alaska permit 
holder for the Norton Sound king crab summer fishery in 1993 or 1994. If 
the applicant is a corporation, an application, to be complete, must

[[Page 504]]

contain valid evidence that the corporation owned or had a lease for a 
vessel on June 17, 1995, that participated in the Norton Sound king crab 
summer fishery in 1993 or 1994.
    (C) Extended general qualification period. If an applicant is 
applying for a license based on meeting the general qualification period 
requirements of paragraph (k)(4)(i)(A)(2) or (k)(4)(i)(B)(2) of this 
section, the application, to be complete, must indicate which single 
endorsement area the applicant has selected for license. A license 
cannot be endorsed for more than one area, notwithstanding the fact that 
the applicant may have the documented harvests to qualify for more than 
one endorsement area.
    (D) Unavoidable circumstances. If an applicant is applying for a 
license based on an unavoidable circumstance pursuant to paragraph 
(k)(8)(iv) of this section, an application, to be complete, must contain 
the information required by that paragraph and valid evidence of the 
date the vessel on which the application is based was lost, damaged, or 
otherwise unable to participate in the fishery, and the date a 
documented harvest was made from the replacement vessel.
    (v) Application evaluation. The Regional Administrator will evaluate 
an application submitted during the specified application period and 
compare all claims in the application with the information in the 
official LLP record. Claims in the application that are consistent with 
information in the official LLP record will be accepted by the Regional 
Administrator. Inconsistent claims in the application, unless verified 
by evidence, will not be accepted. Pursuant to paragraph (k)(6)(vii) of 
this section, an applicant who submits inconsistent claims, or an 
applicant who fails to submit the information specified in paragraphs 
(k)(6)(iii) and (k)(6)(iv) of this section, will be provided a 60-day 
evidentiary period pursuant to paragraph (k)(6)(vii) of this section to 
submit the specified information, submit evidence to verify his or her 
inconsistent claims, or submit a revised application with claims 
consistent with information in the official LLP record. An applicant who 
submits claims that are inconsistent with information in the official 
LLP record has the burden of proving that the submitted claims are 
correct.
    (vi) Additional information or evidence. The Regional Administrator 
will evaluate additional information or evidence to support an 
applicant's inconsistent claims submitted within the 60-day evidentiary 
period pursuant to paragraph (k)(6)(vii) of this section. If the 
Regional Administrator determines that the additional information or 
evidence meets the applicant's burden of proving that the inconsistent 
claims in his or her application is correct, the official LLP record 
will be amended and the information will be used in determining whether 
the applicant is eligible for a license. However, if the Regional 
Administrator determines that the additional information or evidence 
does not meet the applicant's burden of proving that the inconsistent 
claims in his or her application is correct, the applicant will be 
notified by an initial administrative determination, pursuant to 
paragraph (k)(6)(viii) of this section, that the applicant did not meet 
the burden of proof to change the information in the official LLP 
record.
    (vii) 60-day evidentiary period. The Regional Administrator will 
specify by letter a 60-day evidentiary period during which an applicant 
may provide additional information or evidence to support the claims 
made in his or her application, or to submit a revised application with 
claims consistent with information in the official LLP record, if the 
Regional Administrator determines that the applicant did not meet the 
burden of proving that the information on the application is correct 
through evidence provided with the application. Also, an applicant who 
fails to submit information as specified in paragraphs (k)(6)(iii) and 
(k)(6)(iv) of this section will have 60 days to provide that 
information. An applicant will be limited to one 60-day evidentiary 
period. Additional information or evidence, or a revised application, 
received after the 60-day evidentiary period specified in the letter has 
expired will not be considered for purposes of the initial 
administrative determination.
    (viii) Initial administrative determinations (IAD). The Regional 
will prepare

[[Page 505]]

and send an IAD to the applicant following the expiration of the 60-day 
evidentiary period if the Regional Administrator determines that the 
information or evidence provided by the applicant fails to support the 
applicant's claims and is insufficient to rebut the presumption that the 
official LLP record is correct, or if the additional information, 
evidence, or revised application is not provided within the time period 
specified in the letter that notifies the applicant of his or her 60-day 
evidentiary period. The IAD will indicate the deficiencies in the 
application, including any deficiencies with the information, the 
evidence submitted in support of the information, or the revised 
application. The IAD will also indicate which claims cannot be approved 
based on the available information or evidence. An applicant who 
receives an IAD may appeal pursuant to Sec. 679.43. An applicant who 
avails himself or herself of the opportunity to appeal an IAD will not 
receive a transferable license until after the final resolution of that 
appeal, notwithstanding the eligibility of that applicant for some 
claims based on consistent information in the application.
    (ix) Issuance of a non-transferable license. The Regional 
Administrator will issue a non-transferable license to the applicant on 
issuance of an IAD if required by the license renewal provisions of 5 
U.S.C. 558. A non-transferable license authorizes a person to deploy a 
vessel to conduct directed fishing for license limitation groundfish or 
crab species as specified on the non-transferable license, and will have 
the specific endorsements and designations based on the claims in his or 
her application. A non-transferable license will expire upon final 
agency action.
    (7) Transfer of a groundfish license or a crab species license--(i) 
General. The Regional Administrator will transfer a groundfish license 
or a crab species license if a complete transfer application is 
submitted to Restricted Access Management, Alaska Region, NMFS, and if 
the transfer meets the eligibility criteria as specified in paragraph 
(k)(7)(ii) of this section. An application form may be requested from 
the Regional Administrator.
    (ii) Eligibility criteria for transfers. A groundfish license or 
crab species license can be transferred if:
    (A) The designated transferee is eligible to document a fishing 
vessel under Chapter 121, Title 46, U.S.C.;
    (B) The parties to the transfer do not have any fines, civil 
penalties, other payments due and outstanding, or outstanding permit 
sanctions resulting from Federal fishing violations;
    (C) The transfer will not cause the designated transferee to exceed 
the license caps in Sec. 679.7(i); and
    (D) The transfer does not violate any other provision specified in 
this part.
    (iii) Contents of application. To be complete, an application for a 
groundfish license transfer or a crab species license transfer must be 
signed by the license holder and the designated transferee, or the 
individuals representing them, and contain the following, as applicable:
    (A) Name, business address, telephone number, and FAX number of the 
license holder and the designated transferee;
    (B) Name, state registration number (e.g., ADF&G number), and, if 
applicable, the USCG documentation number of the vessel to be deployed 
with the license (i.e., the designated vessel) after the transfer is 
approved;
    (C) Valid evidence that the designated transferee is a person 
eligible to document a fishing vessel under Chapter 121, Title 46, 
U.S.C.;
    (D) A legible copy of a contract or sales agreement that specifies 
the license to be transferred, the license holder, the designated 
transferee, the monetary value or the terms of the license transfer, and 
the signature of the license holder and the designated transferee; and
    (E) Information regarding whether a broker was used for the 
transaction, whether the license was collateralized, and other 
information the Regional Administrator deems necessary for measuring 
program performance.
    (iv) Incomplete applications. The Regional Administrator will return 
an incomplete transfer application to the applicant and identify any 
deficiencies if the Regional Administrator determines that the 
application does not

[[Page 506]]

meet all the criteria identified in paragraph (k)(7) of this section.
    (v) Transfer by court order, operation of law, or as part of a 
security agreement. The Regional Administrator will transfer a 
groundfish license or a crab species license based on a court order, 
operation of law, or a security agreement if the Regional Administrator 
determines that the transfer application is complete and the transfer 
will not violate any of the provisions of this section.
    (vi) Voluntary transfer limitation. A groundfish license or a crab 
species license may be voluntarily transferred only once in any calendar 
year. A voluntary transfer is a transfer other than one pursuant to a 
court order, operation of law, or a security agreement. An application 
for transfer that would cause a person to exceed the transfer limit of 
this provision will not be approved.
    (vii) Request to change the designated vessel. A request to change 
the vessel designated on an LLP groundfish or crab species license must 
be made on a transfer application. If this request is approved and made 
separately from a license transfer, it will count towards the annual 
limit on voluntary transfers specified in paragraph (k)(7)(vi) of this 
section.
    (8) Other provisions. (i) Any person committing, or a fishing vessel 
used in the commission of, a violation of the Magnuson-Stevens Fishery 
Conservation and Management Act or any regulations issued pursuant 
thereto, is subject to the civil and criminal penalty provisions and the 
civil forfeiture provisions of the Magnuson-Stevens Fishery Conservation 
and Management Act, part 621 of this chapter, 15 CFR part 904 (Civil 
Procedure), and other applicable law. Penalties include, but are not 
limited to, permanent or temporary sanctions to licenses.
    (ii) Notwithstanding the provisions of the license limitation 
program in this part, vessels fishing for species other than license 
limitation groundfish as defined in Sec. 679.2 that were authorized 
under Federal regulations to incidentally catch license limitation 
groundfish without a Federal fisheries permit described at Sec. 679.4(b) 
will continue to be authorized to catch the maximum retainable bycatch 
amounts of license limitation groundfish as provided in this part 
without a groundfish license.
    (iii) An eligible applicant, who qualifies for a groundfish license 
or crab species license but whose vessel on which the eligible 
applicant's qualification was based was lost or destroyed, will be 
issued a license. This license:
    (A) Will have the vessel designation of the lost or destroyed 
vessel.
    (B) Cannot be used to conduct directed fishing for license 
limitation groundfish or to conduct directed fishing for crab species on 
a vessel that has an LOA greater than the MLOA designated on the 
license.
    (iv) A qualified person who owned a vessel on June 17, 1995, that 
made a documented harvest of license limitation groundfish, or crab 
species if applicable, between January 1, 1988, and February 9, 1992, 
but whose vessel was unable to meet all the criteria in paragraph (k)(4) 
of this section for a groundfish license or paragraph (k)(5) of this 
section for a crab species license because of an unavoidable 
circumstance (i.e., the vessel was lost, damaged, or otherwise unable to 
participate in the license limitation groundfish or crab fisheries) may 
receive a license if the qualified person is able to demonstrate that:
    (A) The owner of the vessel at the time of the unavoidable 
circumstance held a specific intent to conduct directed fishing for 
license limitation groundfish or crab species with that vessel during a 
specific time period in a specific area.
    (B) The specific intent to conduct directed fishing for license 
limitation groundfish or crab species with that vessel was thwarted by a 
circumstance that was:
    (1) Unavoidable.
    (2) Unique to the owner of that vessel, or unique to that vessel.
    (3) Unforeseen and reasonably unforeseeable to the owner of the 
vessel.
    (C) The circumstance that prevented the owner from conducting 
directed fishing for license limitation groundfish or crab species 
actually occurred.
    (D) Under the circumstances, the owner of the vessel took all 
reasonable steps to overcome the circumstance

[[Page 507]]

that prevented the owner from conducting directed fishing for license 
limitation groundfish or crab species.
    (E) Any amount of license limitation groundfish or appropriate crab 
species was harvested on the vessel in the specific area that 
corresponds to the area endorsement or area/species endorsement for 
which the qualified person who owned a vessel on June 17, 1995, is 
applying and that the license limitation groundfish or crab species was 
harvested after the vessel was prevented from participating by the 
unavoidable circumstance but before June 17, 1995.
    (v) A groundfish license or a crab species license may be used on a 
vessel that complies with the vessel designation on the license and that 
does not exceed the MLOA on the license.

[61 FR 31230, June 19, 1996, as amended at 61 FR 35578, July 5, 1996; 61 
FR 41525, Aug. 9, 1996; 61 FR 56430, Nov. 1, 1996; 62 FR 2045, Jan. 15, 
1997; 62 FR 17752, 17756, Apr. 11, 1997; 62 FR 19688, Apr. 23, 1997; 63 
FR 47356, Sept. 4, 1998; 63 FR 52654, Oct. 1, 1998; 63 FR 54753, Oct. 
13, 1998; 63 FR 64878, Nov. 24, 1998; 64 FR 3652, Jan. 25, 1999; 64 FR 
42828, Aug. 6, 1999]

    Effective Date Notes: 1. At 62 FR 17752, Apr. 11, 1997, Sec. 679.4 
was amended by adding a new paragraph (g), effective May 12, 1997 
through June 30, 2000, except for paragraph (g)(1)(ii) which is 
effective July 1, 1997 through June 30, 2000.
    2. At 63 FR 52654, Oct. 1, 1998, Sec. 679.4 was amended by adding 
paragraphs (a)(6) and (i)(1), (i)(2), (i)(7), (i)(8)(i) and (ii), 
effective Jan. 1, 2000. Paragraphs (i)(3), (i)(4), (i)(5), (i)(6), 
(i)(8)(iii), and (i)(8)(iv) were added effective Jan. 1, 1999. At 63 FR 
54753, Oct. 13, 1998, paragraph (i) was correctly designated as 
paragraph (k).



Sec. 679.5  Recordkeeping and reporting.

    (a) General requirements--(1) Applicability, Federal fisheries 
permit. Except as provided in paragraphs (a)(1)(iii) and (iv) of this 
section, the following participants 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 issued 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.
    (B) Fish received under contract for handling or processing for 
another processor.
    (iii) Exemption for vessels less than 60 ft LOA. 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) 
through (j).
    (iv) Exemption for groundfish used as crab bait. (A) Owners or 
operators of catcher vessels who take groundfish in crab pot gear for 
use as crab bait on board their vessels while participating in an open 
season for crab, and the bait is neither transferred nor sold, are 
exempt from Federal recordkeeping and reporting requirements contained 
in paragraphs (a) through (j) of this section.
    (B) This exemption does not apply to fishermen who:
    (1) Catch groundfish for bait during an open crab season and sell 
that groundfish or transfer it to another vessel, or
    (2) Participate in a directed fishery for groundfish using any gear 
type during periods that are outside an open crab season for use as crab 
bait on board their vessel.
    (C) No groundfish species listed by NMFS as ``prohibited'' in a 
management or regulatory area may be taken in that area for use as bait.
    (2) Applicability, Federal processor permit. Any shoreside processor 
or vessel operating solely as a mothership in Alaska State waters that 
retains groundfish is responsible for complying with the applicable 
recordkeeping and reporting requirements of this section.
    (3) Responsibility. (i) 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

[[Page 508]]

(hereafter referred to as the manager) are each responsible for 
complying with the applicable recordkeeping and reporting requirements 
of this section.
    (ii) The owner of a vessel, shoreside processor, or buying station 
is responsible for compliance and must ensure that the operator, 
manager, or representative (see paragraph (b) of this section) complies 
with the requirements given in paragraph (a)(3)(i).
    (iii) The signature of the owner, operator, or manager on the DFL, 
DCL, or DCPL is verification of acceptance of the responsibility 
required in paragraphs (a)(3) (i) and (ii) and must be signed by noon of 
the day following the week-ending date of the weekly reporting period.
    (4) Groundfish logbooks and forms. The Regional Administrator will 
prescribe and provide groundfish logbooks and forms required under this 
section as shown in Table 9 to this part. The operator or manager must 
use these logbooks and forms or obtain approval from the Regional 
Administrator 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, as 
appropriate:
    (i) The name of the catcher vessel, catcher/processor, mothership, 
shoreside processor, or buying station as displayed in official 
documentation.
    (ii) If a catcher vessel, the Federal fisheries permit number and 
ADF&G vessel number.
    (iii) If a shoreside processor, the Federal processor permit number 
and ADF&G processor number.
    (iv) If a buying station, the name and ADF&G vessel number (if a 
vessel) of the buying station, and the name, ADF&G processor code, and 
Federal processor permit number of associated shoreside processor, or 
the Federal fisheries permit number of the associated mothership.
    (v) Except for a DFL, DCL, or DCPL, the following information 
describing a representative's identification: the representative's name, 
daytime business telephone number (including area code), and fax or 
telex number. In addition, if completing a DPR, a VAR, or a mothership 
or catcher/processor PTR or check-in/check-out report, the 
representative's COMSAT number.
    (vi) If a mothership or catcher/processor, the ADF&G processor code 
and Federal fisheries permit number.
    (vii) Signature of owner, operator, or manager (see paragraph 
(a)(3)).
    (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, in a printed paper copy; and based on A.l.t.
    (ii) The operator or manager must account for each day of the 
fishing year in the logbook, starting with January 1 and ending with 
December 31. Time periods must be recorded consecutively in the logbook.
    (iii) When applicable, the operator or manager must record in each 
report, form, and logbook the following information:
    (A) Page number. (1) Except as provided in paragraph 
(a)(6)(iii)(A)(2) of this section, the operator or manager must number 
the pages in each logbook consecutively, beginning with page 1 and 
continuing throughout the logbook for the remainder of the fishing year. 
If more than one logbook is used in a fishing year, the page numbers 
should follow the consecutive order of the previous logbook.
    (2) The manager of a shoreside processor must number the DCPL pages 
within Part I and Part II separately, beginning with page 1.
    (B) Date, presented as month-day-year.
    (1) If a catcher vessel and the logsheet contains records for more 
than one day, enter the first day of the logsheet at the top of the 
logsheet and the date of each day in the ``catch'' and ``discard/
donate'' sections of the DFL.
    (2) If a shoreside processor, enter the week-ending date of the 
weekly reporting period at the top of the logsheet and the date of each 
day of the week in the ``landings'' and ``discard/donate'' sections of 
the DCPL.
    (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).

[[Page 509]]

    (E) Original/revised report. Except for a DFL, DCL, or DCPL, if a 
report is the first one submitted to the Regional Administrator for a 
given date, gear type, and reporting area, the report should be labeled, 
``ORIGINAL REPORT.'' If a report is a correction to a previously 
submitted report for a given date, gear type, and reporting area, the 
report should be labeled, ``REVISED REPORT.''
    (7) Active and inactive periods--(i) Each day of fishing year. 
Account for each day of the fishing year in the DFL, DCL, or DCPL by 
checking the appropriate box to indicate active and inactive periods as 
defined under Sec. 679.2.
    (ii) Separate logsheet. (A) If a mothership, catcher/processor, or 
buying station, use a separate logbook page for each day of an active 
period.
    (B) If a catcher vessel, use a separate logbook page for each day or 
use one logbook page for up to 7 days.
    (C) If a shoreside processor, use a separate logbook page for each 
day or use one logbook page for up to 7 days.
    (iii) Inactive period. (A) Indicate in the DFL, DCL, or DCPL on one 
logbook page the first and last day of an inactive period.
    (B) During an inactive period that extends across two or more 
successive quarters, the operator or manager must complete two 
logsheets: The 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.
    (iv) Fishing activity. Indicate in the DFL, DCL, or DCPL 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) Active and conducting fishing activity. If in an active period 
and conducting fishing activity, the operator or manager must record in 
the DFL, DCL, or DCPL:
    (A) Gear type. The gear type used to harvest the groundfish.
    (1) If a catcher vessel or catcher/processor and using hook-and-line 
gear, the average number of hooks per skate.
    (2) If a mothership or shoreside processor and groundfish shipment 
is received from a different processor through the use of a PTR, circle 
``PTR TRANSFER.''
    (3) If gear type is not an authorized fishing gear, circle 
``OTHER.''
    (4) If a mothership and groundfish are received in the same 
reporting area but were harvested with more than one gear type or if a 
catcher/processor and groundfish were caught in the same reporting area 
using more than one gear type, the operator must use a separate page in 
the DCPL for each gear type and must submit a separate check-in/check-
out report, DPR (if required), and WPR for each gear type.
    (5) If a shoreside processor and groundfish are received from the 
same reporting area but were harvested with more than one gear type, the 
manager must:
    (i) Use a separate page in the DCPL for each gear type.
    (ii) Except for gear type ``PTR TRANSFER,'' submit a separate check-
in/check-out report, DPR (if required), and WPR for each gear type. The 
manager must not use the gear type ``PTR TRANSFER'' on a WPR.
    (B) Reporting Area. The reporting area code where gear retrieval was 
completed (see Figures 1 and 3 to this part).
    (1) If a haul or set occurs in more than one reporting area, record 
the reporting area code where gear retrieval was completed, regardless 
of where the majority of the haul or set took place.
    (2) If a catcher vessel or catcher/processor using trawl gear, 
record whether catch was harvested in the COBLZ or in the RKCSA.
    (i) If recording in DFL or DCPL, use two separate pages, the first 
to record the information from the reporting area that includes the 
COBLZ or RKCSA and the second to record the information from the 
reporting area that does not include the COBLZ or RKCSA.
    (ii) If recording on a WPR, use two separate columns to record the 
part of the same reporting area that includes the COBLZ or RKCSA and the 
part

[[Page 510]]

that does not include the COBLZ or RKCSA.
    (3) If a catcher/processor using trawl gear and recording on a 
check-in/check-out report, the operator must submit a separate check-in/
check-out report to record the part of the same reporting area that 
includes the COBLZ or RKCSA and the part that does not include the COBLZ 
or RKCSA area.
    (C) Observers. Except for a buying station, the number of observers 
aboard or on site.
    (D) Number of crew. Except for a shoreside processor, the number of 
crew, excluding certified observer(s), on the last day of the weekly 
reporting period.
    (E) CDQ. Whether harvest is under a CDQ program; if yes, record the 
CDQ number. If fishing under more than one CDQ number, use a separate 
page for each.
    (vi) Active, no fishing activity--(A) Catcher vessel. If a catcher 
vessel, in an active period, and not harvesting or discarding 
groundfish, the operator must check ``ACTIVE, NOT FISHING'' in the DFL 
and briefly describe the reason.
    (B) Catcher/processor. If a catcher/processor, in an active period, 
and not harvesting, discarding, or processing groundfish, the operator 
must record ``ACTIVE, NOT FISHING'' in the DCPL and briefly describe the 
reason.
    (C) Mothership or shoreside processor. If a mothership or shoreside 
processor, in an active period, and not receiving, discarding, or 
processing groundfish, the operator or manager must record ``NO 
RECEIVING OR PROCESSING ACTIVITY'' in the DCPL and briefly describe the 
reason.
    (D) Buying station. If a buying station, in an active period, and 
not receiving, discarding, or delivering groundfish, the operator or 
manager must record ``NO RECEIVING OR DELIVERING ACTIVITY'' in the DCL 
and briefly describe the reason.
    (8) Landings information--(i) General. The manager of a shoreside 
processor must:
    (A) Record and report groundfish landings by species codes and 
product codes as defined in Tables 1 and 2 to this part for each 
reporting area, gear type, COBLZ or RKCSA area if applicable under 
paragraph (a)(7)(v)(B) of this section, and CDQ number.
    (B) If recording landings on a WPR or DPR, report each groundfish 
landing only in metric tons to at least the nearest 0.001 mt.
    (C) If no landings occurred, write ``NO LANDINGS'' for that day.
    (ii) DCPL. The manager of a shoreside processor must record in the 
DCPL:
    (A) Daily landings. The daily combined scale weight of landings 
retained for processing from a catcher vessel or from any associated 
buying station, to the nearest lb or to at least the nearest 0.001 mt. 
Use a check mark in the appropriate box to indicate whether records are 
in lbs or in metric tons.
    (B) Weekly landings. At the end of each weekly reporting period, 
enter for each species and product code the cumulative total scale 
weight of landings for that week, summarized separately by reporting 
area, gear type, COBLZ or RKCSA area if applicable under paragraph 
(a)(7)(v)(B) of this section, and CDQ number. The cumulative total 
weight is calculated by adding the daily totals for that week.
    (9) Product Information--(i) General. The operator of a catcher/
processor or mothership or the manager of a shoreside processor must:
    (A) Record and report groundfish products by species codes, product 
codes, and product designations as defined in Tables 1 and 2 to this 
part for each reporting area, gear type, COBLZ or RKCSA area if 
applicable under paragraph (a)(7)(v)(B) of this section, and CDQ number.
    (B) If recording products on a WPR or DPR or recording products 
shipped or received on a PTR, the operator or manager must report each 
groundfish product only in metric tons to at least the nearest 0.001 mt.
    (C) If no production occurred, write ``NO PRODUCTION'' for that day.
    (ii) DCPL. The operator or manager must record in the DCPL:
    (A) Daily production. The daily total, balance brought forward 
(except for shoreside processors), and cumulative total fish product 
weight for each groundfish product to the nearest lb or to at least the 
nearest 0.001 mt. Use a

[[Page 511]]

check mark in the appropriate box to indicate whether records are in lbs 
or in metric tons.
    (B) Weekly production. At the end of each weekly reporting period, 
enter for each species and product code the cumulative total fish 
product weight for each groundfish product to the nearest lb or to at 
least the nearest 0.001 mt, summarized separately by reporting area, 
gear type, COBLZ or RKCSA area if applicable under paragraph 
(a)(7)(v)(B) of this section, and CDQ number. The cumulative total fish 
product weight is calculated by adding the daily totals and total 
carried forward (except for a Shoreside Processor DCPL) for that week.
    (iii) Beginning of weekly reporting period. At the beginning of each 
weekly reporting period, the amount is zero, and nothing shall be 
carried forward from the previous weekly reporting period.
    (10) Discarded or donated species information. The operator or 
manager must record or report discards or donations as follows:
    (i) General. (A) Record and report prohibited species (see 
Sec. 679.21(b)) and groundfish discards or donations by species and 
product codes as defined in Tables 1 and 2 to this part for each 
reporting area, gear type, COBLZ or RKCSA area if applicable under 
paragraph (a)(7)(v)(B) of this section, and CDQ number.
    (B) If recording discards or donations on a WPR or DPR, the manager 
or operator must record:
    (1) The weekly cumulative total discard or donation for each species 
and product code of groundfish species, groundfish species group, or 
Pacific herring in metric tons to at least the nearest 0.001 mt.
    (2) The weekly cumulative total estimated numbers of discard or 
donation for each species and product code 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) Logbook--(A) Groundfish and herring. For each discard or 
donation of groundfish, groundfish species groups, and Pacific herring, 
record in the DCPL, DCL, or DFL the date of discard, the estimated daily 
total, balance brought forward (except for shoreside processor DCPL), 
and cumulative total estimated fish discards or donations weight to the 
nearest lb or to at least the nearest 0.001 mt for each fishing trip. 
Use a check mark in the appropriate box to indicate whether records are 
in lbs or in metric tons.
    (B) Prohibited species other than herring. For each discard or 
donation of Pacific salmon, steelhead trout, halibut, king crab, and 
Tanner crab, record in the DFL, DCL, or DCPL, the date of discard, the 
estimated daily total, balance brought forward (except for shoreside 
processor DCPL), and cumulative total estimated numbers for discards or 
donations for each fishing trip.
    (C) Cumulative totals. At the end of each fishing trip, calculate 
the cumulative total by adding the daily total and balance forward 
(except for a Shoreside Processor DCPL), summarized separately by 
reporting area, gear type, COBLZ or RKCSA area if applicable under 
paragraph (a)(7)(v)(B) of this section, and CDQ number.
    (D) Beginning of weekly reporting period. At the beginning of each 
weekly reporting period, the amount is zero, and nothing shall be 
carried forward from the previous weekly reporting period.
    (11) Contract processing. 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 Administrator consistently throughout 
a fishing year using one of the following two methods:
    (i) Combined records. Record landings (if applicable), discards, and 
products of contract-processed groundfish routinely in the DCPL, WPR, or 
DPR without separate identification; or
    (ii) Separate records. Record landings (if applicable), discards, 
and products of contract-processed groundfish in a separate DCPL, WPR, 
or DPR identified by the name, Federal processor permit number or 
Federal fisheries permit number, and ADF&G processor code of the 
associated business entity.
    (12) Alteration of records. (i) The operator, manager, or any other 
person

[[Page 512]]

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, retention, and distribution of logbooks and forms--
(i) Submittal of forms. Forms other than logbooks and mothership fish 
tickets 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).
    (ii) Submittal of logbooks. (A) For recordkeeping and reporting in 
the groundfish fisheries of the EEZ off Alaska, the operator of a 
catcher vessel, mothership, catcher/processor, or of a buying station 
delivering to a mothership, or the manager of a shoreside processor or 
of a buying station delivering to a shoreside processor is required to 
use the logbooks issued per paragraph (a)(4) of this section, retain the 
logbooks per paragraph (a)(14)(vii) of this section, and submit the 
logbooks and logsheets to NMFS per paragraphs (a)(14)(iv), (v), and (vi) 
of this section.
    (B) 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.
    (iii) Logbook descriptions. The copy sets of each logbook are 
described below:
    (A) Catcher vessel DFL. White, blue, and yellow copies.
    (B) Catcher/processor DCPL. White and yellow copies.
    (C) Mothership DCPL. White and yellow copies.
    (D) Shoreside processor DCPL. White and yellow copies.
    (E) Buying station DCL. White, pink, and yellow copies.
    (iv) Logsheet distribution and retention. The operator or manager 
must distribute or retain the multiple copies of each logsheet as 
follows:
    (A) White, original logsheet. The white copy remains permanently in 
the logbook.
    (B) Yellow logsheet--(1) DFL or DCPL. The yellow DFL or DCPL copy is 
submitted to NMFS per paragraphs (a)(14) (v) and (vi) of this section.
    (2) DCL--(I) Buying station. The operator or manager of a buying 
station must submit upon delivery of catch the yellow DCL copy to the 
associated mothership or shoreside processor, along with the ADF&G fish 
tickets for that delivery.
    (ii) Mothership or shoreside processor. The operator or manager of 
the associated mothership or shoreside processor receiving a delivery 
from a buying station must submit the yellow DCL copy to NMFS per 
paragraphs (a)(14)(v) and (vi) of this section after photocopying each 
DCL yellow copy. The manager or operator of the associated mothership or 
shoreside processor must retain these photocopies until the original DCL 
is received from the associated buying station at the conclusion of 
fishing or no later than February 1 of the following fishing year.
    (C) Blue discard logsheet, DFL--(1) Catcher vessel. Except when 
delivering an unsorted codend (see paragraph (c)(6)(i) of this section), 
the operator of a catcher vessel must submit the blue DFL copy to the 
buying station, mothership, or shoreside processor that receives the 
groundfish harvest.
    (2) Buying station. The operator or manager of a buying station must 
submit upon delivery of catch to an associated mothership or shoreside 
processor any blue DFL copies received from catcher vessels delivering 
groundfish to the buying station.
    (3) Mothership or shoreside processor. The operator of a mothership 
or the manager of a shoreside processor must retain the blue DFL copies 
submitted by operators of catcher vessels through the last day of the 
fishing year during which the records were made.

[[Page 513]]

    (D) Pink logsheet, DCL. The operator or manager of a buying station 
must retain the pink DCL copies for each associated mothership or 
shoreside processor for 3 years after the end of the fishing year during 
which the records were made.
    (v) Logsheet submittal address. The yellow copies described in 
paragraph (a)(14)(iv)(B) of this section must be submitted on a 
quarterly basis to: NMFS Office of Enforcement, Alaska Region Logbook 
Program, P.O. Box 21767, Juneau, AK 99802-1767.
    (vi) Yellow logsheet submittal schedule. The yellow copies described 
in paragraph (a)(14)(iv)(B) of this section must be submitted to NMFS on 
the following schedule: Yellow copies from the first quarter, by May 1 
of that fishing year; yellow copies from the second quarter, by August 1 
of that fishing year; yellow copies from the third quarter, by November 
1 of that fishing year; and yellow copies from the fourth quarter, by 
February 1 of the following fishing year.
    (vii) Retention of logbooks and forms. (A) The operator of a catcher 
vessel must retain the original (white) copy of all DFLs per paragraph 
(a)(14)(vii)(E) of this section.
    (B) The operator of a catcher/processor or mothership or the manager 
of a shoreside processor must retain the white copy of all DCPLs per 
paragraph (a)(14)(vii)(E) of this section.
    (C) The operator of a mothership or the manager of a shoreside 
processor must retain the white copy of the DCL from each associated 
buying station per paragraph (a)(14)(vii)(E) of this section.
    (D) The operator of a catcher/processor or mothership or the manager 
of a shoreside processor must retain a paper copy of all forms submitted 
to NMFS, including those forms that were originally submitted 
electronically per paragraph (a)(14)(vii)(E) of this section.
    (E) The operator of a catcher/processor or mothership or the manager 
of a shoreside processor must make the logbook copies and paper forms 
required in paragraphs (a)(14)(vii)(A) through (D) of this section 
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 logbooks and forms are retained.
    (2) For 3 years after the end of the fishing year during which the 
records were made.
    (15) Delivery information for buying station, mothership, and 
shoreside processor. The operator of a 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 the 
following information in the ``delivery information section'' of the 
Buying Station DCL, Mothership DCPL, or Shoreside Processor DCPL:
    (i) If groundfish delivery was made by a catcher vessel or buying 
station, write ``CV'' or ``BS,'' respectively.
    (ii) If groundfish delivery was made by another processor, record:
    (A) A dash (--) in the CV/BS column, in the receive/discard column, 
and in the fish ticket column.
    (B) Name and ADF&G code of the processor that delivered the 
groundfish.
    (C) Time the delivery was completed.
    (D) Estimated total round weight of the groundfish. Option: Record 
actual weights by species, if known.
    (iii) If groundfish delivery is from a catcher vessel, whether the 
blue DFL copies were submitted at time of delivery. If not submitted, 
record the response ``NO'' and a ``P'' to indicate the catcher vessel 
does not have a Federal fisheries permit; an ``L'' to indicate the 
catcher vessel is under 60 ft (18.3 m) length overall (LOA); or a ``U'' 
to indicate the catcher vessel delivered an unsorted codend. If a 
catcher vessel is under 60 ft (18.3 m) LOA and also does not have a 
Federal fisheries permit, record a ``P.''
    (iv) Name and ADF&G vessel number (if applicable) of the catcher 
vessel or buying station delivering the groundfish.
    (v) Date and time (to the nearest hour, A.l.t.) when receipt of 
groundfish catch is completed.
    (vi) If a mothership, latitude and longitude (to the nearest minute) 
of the mothership position when the groundfish catch is received. 
Option: Record to nearest second or fraction of minute.

[[Page 514]]

    (vii) Estimated total groundfish delivery weight of the groundfish 
catch to the nearest lb or to the nearest mt.
    (viii) ADF&G fish ticket numbers issued to catcher vessels for the 
weekly reporting period, including the fish ticket numbers issued by an 
associated buying station.
    (ix) If a shoreside processor and located in a state other than 
Alaska, the manager must record the fish ticket number issued through 
that state. If a state fish ticket system is unavailable, the manager 
must record the catch receipt number.
    (x) If a buying station, the name and ADF&G processor code of the 
associated mothership or shoreside processor to which groundfish 
deliveries were made.
    (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, to complete the recordkeeping and reporting forms, 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. In addition to 
requirements described in paragraphs (a) and (b) of this section, the 
operator of a catcher vessel or catcher/processor must record:
    (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) Catcher vessel DFL. The operator 
of a catcher vessel must record in the DFL:
    (A) The time, position, and estimated total catch weight of 
groundfish within 2 hours after gear retrieval.
    (B) Discard or donation information as described at paragraph 
(a)(10) of this section each day on the day they occur; all other 
information required in the DFL by noon of the day following gear 
retrieval.
    (C) Notwithstanding other time limits, all information required in 
the DFL within 2 hours after the vessel's catch is offloaded.
    (D) Except as provided at paragraph (c)(6)(i) of this section, 
within 2 hours of completion of catch delivery information, the operator 
must submit the blue DFL copies 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.
    (ii) Catcher/processor DCPL. The operator of a catcher/processor 
must record in the DCPL, for each haul or set:
    (A) The time, position, and estimated total catch weight of 
groundfish within 2 hours after gear retrieval.
    (B) Product and discard or donation information as described at 
paragraphs (a)(9) and (a)(10) of this section each day on the day they 
occur; all other information required in the DCPL by noon of the day 
following completion of production.
    (C) Notwithstanding other time limits, record all information 
required in the DCPL within 2 hours after the vessel's catch is 
offloaded.
    (3) Haul/set information. In addition to requirements described in 
paragraphs (a) and (b) of this section, the operator of a catcher vessel 
or catcher/processor must record the following information for each haul 
or set:
    (i) The number of haul or set, sequentially by year;
    (ii) If the vessel is using 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;
    (iii) The date (month-day-year), begin time (to the nearest hour) 
and position coordinates (to the nearest minute) of gear deployment;
    (iv) The date (month-day-year), end time (to the nearest hour), and 
position coordinates (to the nearest minute) of gear retrieval;
    (v) The average sea depth and average gear depth, recorded to the 
nearest meter or fathom;
    (vi) The estimated total round catch weight of the groundfish catch 
in lbs or

[[Page 515]]

to the nearest mt. If fishing in IFQ halibut fishery, enter the 
estimated total weight of groundfish bycatch;
    (vii) The round catch weight of pollock and Pacific cod;
    (viii) If fishing in an IFQ fishery, the estimated round catch 
weight of IFQ sablefish;
    (ix) If fishing in an IFQ fishery, the round catch weight of 
rockfish and Pacific cod; and
    (x) When fishing in an IFQ fishery and the fishery for Pacific cod 
or rockfish is closed to directed fishing in that reporting area as 
described in Sec. 679.20, the operator must record up to and including 
the maximum retainable bycatch amount for Pacific cod or rockfish as 
defined in Table 10 or 11 to this part; quantities over this amount must 
be recorded in the discard or donation section.
    (4) Catcher vessel delivery information. The operator of a catcher 
vessel must record:
    (i) The date of delivery.
    (ii) The name, ADF&G processor code, and ADF&G fish ticket number(s) 
provided by the operator of the mothership or of the buying station 
delivering to a mothership, or by the manager of a shoreside processor 
or of a buying station delivering to a shoreside processor.
    (5) IFQ data. The operator of a catcher vessel or catcher/processor 
using fixed gear must record IFQ information as follows:
    (i) IFQ Identification. (A) Check ``YES'' or ``NO'' to record if 
persons aboard have authorized IFQ permits.
    (B) If ``YES,'' record the following:
    (1) Vessel operator's (captain's) name and IFQ permit number, if 
any.
    (2) Name of each IFQ holder aboard the vessel and each holder's IFQ 
permit number.
    (ii) IFQ landings. If IFQ landings are made, the operator must 
record the following:
    (A) Month and day of landing.
    (B) Name of registered buyer.
    (C) Name of unloading port.
    (6) Discard or donation information, catcher vessel. In addition to 
the requirements in paragraph (a)(10) of this section, the operator of a 
catcher vessel must record in the DFL:
    (i) Unsorted codends. If deliveries to a mothership or shoreside 
processor are unsorted codends, the catcher vessel is exempt from 
recording discards in the DFL and from submittal of the blue DFL copy 
(discards copy) for that delivery (see paragraph (a)(14)(iv)(C) of this 
section). The operator must check the box entitled ``unsorted codend'' 
and must remove and discard the blue DFL copy.
    (ii) Presorted delivery. Except as provided at Sec. 679.27(d), if 
the deliveries of a catcher vessel are presorted at sea or if the 
catcher vessel has ``bled'' a codend prior to delivery to a mothership, 
shoreside processor, or buying station, the operator must:
    (A) Check the ``presorted delivery'' box.
    (B) Enter the estimated amount of discards or donations by species 
in the DFL.
    (d) Buying station DCL--(1) General. In addition to requirements 
described in paragraphs (a) and (b) of this section, the operator or 
manager of a buying station must record discard or donation information 
in the DCL that:
    (i) Are reported on a blue DFL copy by a catcher vessel delivering 
to a buying station.
    (ii) Occur after receipt of harvest from a catcher vessel.
    (iii) Occur prior to delivery of harvest to a mothership or 
shoreside processor.
    (2) Time limits. The operator or manager of a buying station must 
record:
    (i) Catcher vessel ``delivery information'' within 2 hours after 
completion of receipt of each groundfish delivery.
    (ii) Discard or donation information as described at paragraph 
(a)(10) of this section:
    (A) Each day on the day discards or donations occur:
    (1) After receipt of harvest from a catcher vessel is completed; and
    (2) Prior to delivery of harvest to a mothership or shoreside 
processor.
    (B) On the day the blue DFL copy is received from a catcher vessel 
delivering groundfish to the buying station;
    (iii) All other information required in the DCL by noon of the day 
following the day the receipt of groundfish was completed.

[[Page 516]]

    (e) Mothership DCPL--(1) General. In addition to requirements 
described in paragraphs (a) and (b) of this section, the operator of a 
mothership must record discard or donation information in the DCPL that:
    (i) Is reported on a blue DFL copy by a catcher vessel or on a 
yellow DCL copy by a buying station delivering groundfish to a 
mothership.
    (ii) Occurs on site after receipt of groundfish from a catcher 
vessel or buying station.
    (iii) Occurs during processing of groundfish.
    (2) Time limits. The operator of a mothership must record:
    (i) Except for records of round weight catch for IR/IU species 
pollock and Pacific cod, ``delivery information'' in the DCPL within 2 
hours after receipt of each groundfish delivery.
    (ii) Product information as described at paragraph (a)(9) of this 
section each day on the day they occur.
    (iii) Discard or donation information as described at paragraphs 
(a)(10) and (e)(1) of this section:
    (A) Each day on the day they occur:
    (1) On site after receipt of groundfish from a catcher vessel.
    (2) During processing of groundfish.
    (B) On the day the blue DFL copy is received from a catcher vessel 
delivering groundfish to the mothership.
    (C) On the day the yellow DCL copy is received from a buying station 
delivering groundfish to a mothership.
    (iv) All other information required in the DCPL by noon of the day 
following the day of production completion.
    (f) Shoreside processor DCPL--(1) General. In addition to 
requirements described in paragraphs (a) and (b) of this section, the 
manager of a shoreside processor must record in the DCPL:
    (i) The management area (BSAI or GOA) for the product where the 
groundfish was harvested on each section of the Part II logsheet.
    (ii) Discard or donation information in the DCPL that:
    (A) Is reported on a blue DFL copy by a catcher vessel or on a 
yellow DCL copy by a buying station delivering groundfish to a 
mothership.
    (B) Occurs on site after receipt of groundfish from a catcher vessel 
or buying station.
    (C) Occurs during processing of groundfish.
    (2) Time limits. The manager of a shoreside processor must record:
    (i) All catcher vessel or buying station ``delivery information'' 
within 2 hours after completion of receipt of each groundfish delivery.
    (ii) Landings and product information as described at paragraphs 
(a)(8) and (a)(9), respectively, of this section each day on the day 
they occur.
    (iii) Discard or donation information as described at paragraph 
(a)(10) of this section:
    (A) Each day on the day they occur:
    (1) On site after receipt of groundfish from a catcher vessel.
    (2) During processing of groundfish.
    (B) On the day the blue DFL copy is received from a catcher vessel 
delivering groundfish to a shoreside processor.
    (C) On the day the yellow DCL copy is received from a buying station 
delivering groundfish to a shoreside processor.
    (iv) All other information required in the DCPL by noon of the day 
following the day of production completion.
    (g) Groundfish Product Transfer Report (PTR)--(1) Requirement. 
Except as provided in paragraphs (g)(1) (i) through (iv) of this 
section, the operator of a mothership or catcher/processor or the 
manager of a shoreside processor must record each transfer of groundfish 
product or donated prohibited species on a separate PTR.
    (i) Product codes 41 and 99. The operator or manager does not report 
those fish products, defined as product code 41 in Table 1 to this part, 
that are destined for offsite fish meal production or those fish 
products, defined as product code 99 in Table 1 to this part that are 
subsequently transferred for discard at sea.
    (ii) Bait sales. The operator or manager may aggregate individual 
sales or transfers of groundfish to vessels for bait purposes during a 
day onto one PTR when recording the amount of such bait product leaving 
a facility that day.
    (iii) Over-the-counter groundfish sales. The operator or manager may 
aggregate individual over-the-counter sales of groundfish for human 
consumption

[[Page 517]]

in quantities less than 10 lb (0.0045 mt) per sale during a day onto one 
PTR when recording the amount of such over-the-counter product leaving a 
facility that day.
    (iv) IFQ registered buyer. If the operator of a mothership or 
catcher/processor or the manager of a shoreside processor possesses a 
registered buyer permit issued per Sec. 679.4(d)(2), the operator or 
manager is not required to submit a PTR to document shipment of IFQ or 
CDQ sablefish product. However, a shipment report as described at 
paragraph (l)(3) of this section is required for each shipment of IFQ or 
CDQ sablefish product.
    (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 NMFS Alaska Enforcement 
Division by 1200 hours, A.l.t., on the Tuesday following the end of the 
applicable weekly reporting period in which the transfer occurred.
    (iii) A PTR is not required to accompany a shipment or offload.
    (3) Information required--(i) General. In addition to requirements 
described in paragraphs (a) and (b) of this section, the operator of a 
mothership or catcher/processor or the manager of a shoreside processor 
must record on a PTR:
    (A) 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.
    (B) ``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.
    (C) If a catcher/processor or mothership, the USCG documentation 
number.
    (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) Vessel name. If another vessel is involved with the transfer, 
the name and call sign of the vessel receiving or delivering groundfish 
or groundfish products.
    (B) Port of landing. If a mothership or catcher/processor and the 
transfer takes place in port, the port of landing and country, if a 
foreign location.
    (C) Agent. (1) Except as provided in paragraphs (g)(3)(ii)(C)(2) and 
(g)(3)(ii)(C)(3) of this section, enter the agent's name, which, for 
purposes of this section, is defined as the buyer or the distributor.
    (2) If groundfish bait transfer or sales are aggregated onto a PTR 
for a given day as described at paragraph (g)(1)(ii) of this section, 
enter ``fishing vessels.''
    (3) If groundfish over-the-counter sales are aggregated onto a PTR 
for a given day as described at paragraph (g)(1)(iii) of this section, 
enter ``over-the-counter sales.''
    (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.
    (4) If groundfish bait sales are aggregated onto a PTR for a given 
day as described at paragraph (g)(1)(ii) of this section, enter 
``bait.''
    (5) If groundfish over-the-counter sales are aggregated onto a PTR 
for a given day as described at paragraph (g)(1)(iii) of this section, 
enter ``over-the-counter sales.''
    (E) Date and time of product transfer--(1) Start. Except as provided 
in paragraphs (g)(3)(ii)(E)(1)(i) and (ii) of this section, the date and 
time, as described in paragraph (a)(6)(iii) of this section the transfer 
starts.
    (i) Bait sales. If groundfish bait sales are aggregated onto a PTR 
for a given day, the transfer start time is the time of the first bait 
sale.
    (ii) Over-the-counter sales. If groundfish over-the-counter sales 
are aggregated onto a PTR for a given day, the

[[Page 518]]

transfer start time is the time of the first over-the-counter sale.
    (2) Finish. Except as provided in paragraphs (g)(3)(ii)(E)(2)(i) 
through (v) of this section, the date and time, as described in 
paragraph (a)(6)(iii) of this section, the transfer is completed.
    (i) Individual van or flight. If shipment is an individual van load 
or flight, the date and time when each shipment leaves the plant.
    (ii) Multiple vans or trucks. If shipment involves multiple vans or 
trucks, record date and time when the last van or truck of the day 
leaves the plant.
    (iii) Multiple airline flights. If shipment involves multiple 
airline flights, record date and time when the last airline flight 
shipment of the day leaves the plant.
    (iv) Bait sales. If PTR is for aggregated groundfish bait sales for 
a given day, the transfer finish time is the time of the last bait sale.
    (v) Over-the-counter sales. If PTR is for aggregated groundfish 
over-the-counter sales for a given day, the transfer finish time is the 
time of the last over-the-counter sale.
    (F) Position transferred. If a catcher/processor or mothership and 
transfer of product is made at sea, the latitude and longitude of the 
transfer position in degrees and minutes.
    (iii) Products and quantities offloaded, shipped, or received. The 
operator of a catcher/processor or mothership or 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 to 
this part.
    (B) The species code and product code for each product transferred 
as defined in Tables 1 and 2 to 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 lbs.
    (E) The total net weight (fish product weight, to the nearest 0.001 
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 0.001 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--(1) Using hook-and-line or pot gear. (i) Before 
the operator of a catcher/processor using hook-and-line or pot gear sets 
gear for groundfish in any reporting area except 300, 400, 550, or 690, 
the operator must submit a check-in report (BEGIN message) by fax to the 
Regional Administrator.
    (ii) The operator of a catcher/processor using hook-and-line or pot 
gear may be checked-in to more than one area simultaneously.
    (2) Using other than hook-and-line or pot gear. (i) Before the 
operator of a catcher/processor using other than hook-and-line or pot 
gear commences fishing for groundfish in any reporting area except 300, 
400, 550, or 690, the operator must submit a check-in report (BEGIN 
message) by fax to the Regional Administrator.
    (ii) The operator of a catcher/processor using other than hook-and-
line or pot gear may be checked-in to only one area at a time.
    (B) Mothership, shoreside processor, buying station. (1) Before a 
mothership, shoreside processor, or buying station commences receipt of 
groundfish from any reporting area except 300, 400, 550, or 690, the 
operator or manager must submit a check-in report (BEGIN message) by fax 
to the Regional Administrator.

[[Page 519]]

    (2) The operator of a mothership may be checked into more than one 
area simultaneously.
    (C) Directed fishing under a CDQ allocation. The operator must 
submit by fax a check-in report to the Regional Administrator prior to 
directed fishing for each CDQ allocation.
    (ii) Check-out report (CEASE message)--(A) Catcher/processor--(1) 
Using hook-and-line or pot gear. (i) If a catcher/processor using hook-
and-line or pot gear departs a reporting area and gear retrieval is 
complete from that area, the operator must submit by fax a check-out 
report to the Regional Administrator within 24 hours after departing a 
reporting area.
    (ii) If a catcher/processor using hook-and-line or pot gear is 
checked-in to multiple reporting areas, the operator must submit a 
check-out report for each reporting area by fax.
    (2) Using other than hook-and-line or pot gear. If a catcher/
processor using other than hook-and-line or pot gear departs a reporting 
area, the operator must submit by fax a check-out report to the Regional 
Administrator within 24 hours after departing a reporting area but prior 
to checking-in another reporting area.
    (B) Mothership or buying station delivering to a mothership. (1) If 
a mothership or buying station delivering to a mothership completes 
receipt of groundfish, the operator must submit a check-out report by 
fax to the Regional Administrator within 24 hours after departing a 
reporting area.
    (2) If a mothership is checked-in to multiple reporting areas, the 
operator must submit a check-out report for each reporting area by fax.
    (C) Shoreside processor. If a shoreside processor, the manager:
    (1) Must submit a check-out report by fax to the Regional 
Administrator within 48 hours after the end of the applicable weekly 
reporting period that a shoreside processor ceases to process groundfish 
for the fishing year.
    (2) May submit a check-out report by fax to the Regional 
Administrator when receipt or processing of groundfish is temporarily 
halted during the fishing year for a period of at least two weekly 
reporting periods.
    (D) Buying station delivering to a shoreside processor. If a land-
based buying station delivering to a shoreside processor, the manager:
    (1) Must submit a check-out report by fax to the Regional 
Administrator within 24 hours after delivery of groundfish ceases for 
the fishing year.
    (2) May submit a check-out report by fax to the Regional 
Administrator when receipt of groundfish is temporarily halted during 
the fishing year for a period of at least two weekly reporting periods.
    (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.
    (F) Directed fishing under a CDQ allocation. The operator must 
submit a check-out report by fax to the Regional Administrator within 24 
hours after directed fishing for each species under each CDQ allocation 
has ceased.
    (3) General information. In addition to requirements described in 
paragraphs (a) and (b) of this section, the operator of a catcher/
processor, mothership, or of a buying station delivering to a mothership 
or the manager of a shoreside processor or buying station delivering to 
a shoreside processor must record:
    (i) BEGIN message--(A) Mothership. (1) Date (month-day-year) and 
time (to the nearest hour, A.l.t.) that receipt of groundfish begins.
    (2) Latitude and longitude of position in degrees and minutes where 
groundfish receipt begins.
    (3) Reporting area code where groundfish receipt begins and whether 
mothership is receiving groundfish in the COBLZ or RKCSA area.
    (4) Primary and secondary species expected to be received the 
following week. A change in intended target species within the same 
reporting area does not require a new BEGIN message.
    (5) Whether acting as a mothership or catcher/processor.
    (B) Catcher/processor. (1) Date (month-day-year) and time (to the 
nearest hour, A.l.t.) that gear is deployed.
    (2) Latitude and longitude of position in degrees and minutes where 
gear is set.

[[Page 520]]

    (3) Reporting area code where gear deployment begins and whether 
catcher/processor is located in the COBLZ or RKCSA area.
    (4) Primary and secondary species expected to be harvested the 
following week. A change in intended target species within the same 
reporting area does not require a new BEGIN message.
    (5) Whether acting as a mothership or catcher/processor.
    (C) Shoreside processor. (1) Date (month-day-year) the facility will 
begin to receive groundfish.
    (2) Whether checking in for the first time at the beginning of the 
fishing year or checking in to restart receipt and processing of 
groundfish after filing a check-out report.
    (D) Buying station. (1) If delivering to a mothership, reporting 
area code where groundfish receipt begins.
    (2) Date (month-day-year) facility will begin to receive groundfish.
    (3) Whether checking in at the beginning of the fishing year or 
checking in to restart after filing a check-out report.
    (4) Intended primary target species expected to be received the 
following week. A change in intended target species within the same 
reporting area does not require a new BEGIN message.
    (ii) CEASE message--(A) Mothership. Date (month-day-year), time (to 
the nearest hour, A.l.t.), and latitude and longitude of position in 
degrees and minutes where the last receipt of groundfish was made.
    (B) Catcher/processor. Date (month-day-year), time (to the nearest 
hour, A.l.t.), and latitude and longitude of position in degrees and 
minutes where the vessel departed the reporting area.
    (C) Shoreside processor. Date (month-day-year) that receipt of 
groundfish ceased.
    (D) Buying station. (1) If delivering to a mothership, date (month-
day-year), time (to the nearest hour, A.l.t.), and latitude and 
longitude of position in degrees and minutes where the vessel departed 
the reporting area.
    (2) If delivering to a shoreside processor, date (month-day-year) 
that receipt of groundfish ceased.
    (iii) Fish or fish product held at plant. The manager of a shoreside 
processor must report the weight of all fish or fish products held at 
the plant in lbs or to the nearest 0.001 mt by species and product codes 
on each check-in report and on each check-out report.
    (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 Administrator by 1200 hours, A.l.t., on the 
Tuesday following the end of the applicable weekly reporting period.
    (3) Information required. In addition to requirements described in 
paragraphs (a) and (b) of this section, the operator of a catcher/
processor or mothership, or manager of a shoreside processor must 
record:
    (i) The date (month-day-year) the WPR was completed.
    (ii) The primary and secondary target codes for the following week.
    (iii) If a mothership or catcher/processor, record the processor 
type.
    (j) Daily Production Report (DPR)--(1) Notification. If the Regional 
Administrator 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 or mothership 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

[[Page 521]]

discard at sea of the specified species, the operator must submit a DPR.
    (ii) If a shoreside processor is receiving, processing, or 
discarding the specified species or is receiving reports from a catcher 
vessel of discard at sea of the specified species, the manager must 
submit a DPR.
    (iii) 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 Administrator by 1200 hours, A.l.t., the day 
following each day of landings, discard, or production.
    (4) Information required. In addition to requirements described in 
paragraphs (a) and (b) of this section, the operator of a catcher/
processor or mothership, or the manager of a shoreside processor must 
record the processor type.
    (k) U.S. Vessel Activity Report (VAR)--(1) Applicability. The 
operator of a catcher vessel, catcher/processor, or of a mothership 
regulated under this part must submit a VAR by fax to NMFS Alaska 
Enforcement Division, Juneau, 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. In addition to requirements 
described in paragraphs (a) and (b) of this section, the operator of 
each catcher vessel, catcher/processor, or mothership must record:
    (A) 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 into U.S. waters, the operator must indicate 
a ``return'' report. ``Return,'' for purposes of this paragraph, means 
coming back to Alaska.
    (B) 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 a ``depart'' report. ``Depart,'' for purposes of this 
paragraph, means leaving Alaska.
    (C) Port of landing. If no fish on board, indicate first 
destination.
    (D) Whether the vessel is returning from fishing or departing to 
fish in the Russian Zone.
    (E) Date (month-day-year) and time (Greenwich mean 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.
    (F) Latitude and longitude of position in degrees and minutes 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 products 
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 to this part.
    (B) The species code and product code for each species on board as 
defined in Tables 1 and 2 to this part.
    (C) The fish product weight of products on board in lbs or to the 
nearest 0.001 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 IFQ reports are required, when applicable: prior notices of 
landing, landing report, shipment report, transshipment authorization, 
vessel clearance report, and departure report.
    (1) Prior notice of IFQ landing--(i) Applicability. Except as 
provided in paragraph (l)(1)(iv) of this section, the operator of any 
vessel making an IFQ landing must notify the NMFS Enforcement, Juneau, 
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.
    (ii) Time limits. Prior notice of an IFQ landing must be made to the 
toll-free telephone number specified on the IFQ

[[Page 522]]

permit between the hours of 0600 hours, A.l.t., and 2400 hours, A.l.t.
    (iii) Information required. Prior notice must include the following: 
Name of the registered buyer(s) who will be responsible for completion 
and submission of the IFQ Landing Report(s); the location of the 
landing; 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 
the date and time that the landing will take place.
    (iv) Exemption. 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 IFQ weight determined pursuant to 
Sec. 679.42(c)(2) and concurrent with a legal landing of salmon is 
exempt from the prior notice of landing required by this section.
    (v) Revision to prior notice. The operator of any vessel wishing to 
land IFQ halibut or IFQ sablefish before the date and time reported in 
the prior notice or later than 2 hours after the date and time reported 
in the prior notice must submit a new prior notice of IFQ landing as 
described in paragraphs (l)(1)(i) through (iii) of this section.
    (2) Landing report--(i) Applicability. A registered buyer must 
report an IFQ landing within 6 hours after all such fish are landed and 
prior to shipment or departure of the delivery vessel from the landing 
site.
    (ii) Electronic landing report. (A) Electronic landing reports must 
be submitted to NMFS Enforcement, Juneau, using magnetic strip cards 
issued by NMFS, Alaska Region, and transaction terminals and printers 
driven by custom-designed software, as provided and/or specified by 
NMFS, Alaska Region. It is the responsibility of the registered buyer to 
locate or procure a transaction terminal and report as required. Waivers 
from the electronic reporting requirement can only be granted in writing 
on a case-by-case basis by a local clearing officer.
    (B) The IFQ cardholder must initiate a landing report by using his 
or her own magnetic card and personal identification number (PIN).
    (C) Once landing operations have commenced, the IFQ cardholder and 
the harvesting vessel may not leave the landing site until the IFQ 
account is properly debited. The offloaded IFQ species may not be moved 
from the landing site until the IFQ landing report is received by NMFS 
Enforcement, Juneau, and the IFQ cardholder's account is properly 
debited. A properly concluded transaction terminal receipt or manual 
landing report receipt received by fax from NMFS Enforcement, Juneau, 
constitutes confirmation that NMFS received the landing report and that 
the cardholder's account was properly debited. After the registered 
buyer enters the landing data in the transaction terminal and a receipt 
is printed, the IFQ cardholder must sign the receipt. Legible copies of 
the receipt must be retained by both the registered buyer and the IFQ 
cardholder pursuant to paragraph (l)(7) of this section.
    (iii) Manual landing report. (A) If a waiver has been granted 
pursuant to paragraph (l)(2)(ii) of this section, manual landing 
instructions must be obtained from NMFS Enforcement, Juneau, at (800) 
304-4846 or (907) 586-7163. Completed manual landing reports must be 
submitted by fax to NMFS Enforcement, Juneau, at (907) 586-7313.
    (B) The manual landing report must be signed by the registered 
buyer, the IFQ cardholder, and the NMFS representative to show that the 
IFQ cardholder's account was properly debited.
    (iv) Time limits and submittals. (A) An IFQ landing may commence 
only between 0600 hours, A.l.t., and 1800 hours, A.l.t., unless:
    (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 IFQ weight 
determined pursuant to Sec. 679.42(c)(2) 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).
    (B) An IFQ landing report must be completed and the IFQ account(s) 
properly debited, as defined in paragraph (l)(2)(ii)(C) of this section, 
within 6 hours after the completion of the IFQ landing.

[[Page 523]]

    (v) Landing verification and inspection. 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.
    (vi) Information required. The registered buyer must enter accurate 
information contained in a complete IFQ landing report as follows: Date, 
time, and location of the IFQ landing; name and permit number of the IFQ 
card holder and registered buyer; the harvesting vessel's ADF&G number; 
the Alaska State fish ticket number(s) for the landing; the ADF&G 
statistical area of harvest reported by the IFQ cardholder; if ADF&G 
statistical area is bisected by a line dividing two IFQ regulatory 
areas, the IFQ regulatory area of harvest reported by the IFQ 
cardholder; for each ADF&G statistical area of harvest reported by the 
IFQ cardholder, the product code landed and initial accurate scale 
weight made at the time offloading commences for IFQ species sold and 
retained.
    (3) Shipment report--(i) Requirement. Each registered buyer, other 
than those conducting dockside sales must:
    (A) Complete a written shipment report for each shipment or transfer 
of IFQ halibut and IFQ sablefish from that registered buyer before the 
fish leave the landing site.
    (B) Assure that a shipment report is submitted to, and received by, 
NMFS Enforcement, Juneau, by fax to (907) 586-7313 or mail to P.O. Box 
21767, Juneau, AK 99802-1767, within 7 days of the date shipment 
commenced.
    (C) Assure that a copy of the shipment report or a bill of lading 
containing the same information accompanies the shipment of IFQ species 
from the landing site to the first destination beyond the location of 
the IFQ landing.
    (ii) Information required. A shipment report must specify the 
following: 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) Revision to shipment report. Each registered buyer must ensure 
that, if any information on the original Shipment Report changes prior 
to the first destination of the shipment, a revised shipment report is 
submitted to NMFS Enforcement, Juneau, clearly labeled ``Revised 
Shipment Report'' and that the revised shipment report be received by 
NMFS Enforcement, Juneau, within 7 days of the change.
    (iv) Dockside sale or outside landing--(A) Dockside sale. (1) A 
registered buyer conducting dockside sales must issue a receipt in lieu 
of a shipment report, that includes the date of sale or transfer, the 
registered buyer permit number, and the fish product weight of the IFQ 
sablefish or halibut transferred to each individual receiving IFQ 
halibut or IFQ sablefish.
    (2) 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) Outside landing. A person holding a valid IFQ permit, IFQ card, 
and registered buyer permit may conduct an IFQ landing outside an IFQ 
regulatory area or the State of Alaska to a person who does not hold a 
registered buyer permit.
    (C) Landing report. The person making such an IFQ landing as 
described in paragraph (l)(3)(iv)(A) or (B) of this section must submit 
an IFQ landing report in the manner prescribed in paragraph (l)(2) of 
this section before any fish are sold, transferred, or removed from the 
immediate vicinity of the vessel with which they were harvested.
    (4) Transshipment authorization. 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 must 
specify the date and location of the transshipment.
    (5) Vessel clearance--(i) Applicability. The vessel operator who 
makes an IFQ landing at any location other than in an IFQ regulatory 
area or in the State

[[Page 524]]

of Alaska must obtain prelanding written clearance of the vessel from a 
clearing officer and provide the weight of IFQ halibut and IFQ sablefish 
on board to the clearing officer.
    (ii) Responsibility. (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 an IFQ fishing trip.
    (B) A vessel operator having been 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.
    (iii) Location of clearance--(A) State of Alaska. The vessel 
operator that obtains prelanding written clearance for the vessel 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.
    (B) State other than Alaska, Departure Report. (1) A vessel operator 
intending to obtain a prelanding written clearance for the vessel at a 
port in a state other than Alaska must first provide a departure report 
to NMFS Enforcement, Juneau, 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.
    (2) Information required. 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.
    (C) Foreign port other than Canada. A vessel operator who lands IFQ 
species in a foreign port must first obtain a vessel clearance from a 
clearing officer located at a primary port in the State of Alaska as 
described in paragraph (l)(5)(vi) of this section.
    (D) 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.
    (iv) Permits and cards. A vessel operator obtaining a vessel 
clearance must have a registered buyer permit and one or more IFQ 
cardholders on board with IFQ holdings equal to or greater than all IFQ 
halibut and IFQ sablefish on board.
    (v) Inspection. A vessel for which a vessel operator is seeking 
clearance is subject to inspection of all fish, logbooks, permits, and 
other documents on board the vessel at the discretion of the clearing 
officer.
    (vi) 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'
------------------------------------------------------------------------

    (6) Record retention. 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.
    (m) Consolidated weekly ADF&G fish tickets from motherships--(1) 
Requirement. In addition to requirements described in paragraphs (a) and 
(b) of this section, the operator of a mothership must ensure that the 
combined catch for each catcher vessel is summarized at the end of each 
weekly reporting period by species on a minimum of one ADF&G groundfish 
fish ticket when the mothership receives any groundfish from a catcher 
vessel that is issued a Federal fisheries permit under Sec. 679.4. (An 
ADF&G fish ticket is further described (see Sec. 679.3) at Alaska 
Administrative Code, 5 AAC Chapter 39.130).
    (2) Information required. (i) The operator of a mothership must 
ensure that

[[Page 525]]

the following information is imprinted or written legibly on the 
consolidated weekly ADF&G fish ticket from the catcher vessel operator's 
State of Alaska, Commercial Fisheries Entry Commission (CFEC) permit 
card in order to describe the CFEC permit holder:
    (A) Vessel name. Name of the catcher vessel delivering the 
groundfish.
    (B) Name. Name of CFEC permit holder. If more than one operator is 
on the same vessel during the same weekly reporting period, complete a 
fish ticket for each operator.
    (C) Permit number. CFEC permit number.
    (D) ADF&G No. ADF&G catcher vessel number.
    (ii) The operator of a mothership must ensure that the following 
information is imprinted or written legibly on the consolidated weekly 
ADF&G fish ticket from the mothership's CFEC processor plate card in 
order to describe the mothership:
    (A) Processor code. ADF&G processor code of mothership.
    (B) Company. Identification of mothership.
    (iii) The operator of a mothership must record on the consolidated 
weekly ADF&G groundfish fish ticket the following information obtained 
from the catcher vessel operator:
    (A) ADF&G No. The ADF&G number of the catcher vessel delivering fish 
to the mothership, if the catcher vessel is different from the vessel 
identified in the CFEC permit card.
    (B) Date landed. The week-ending date of the weekly reporting period 
during which the mothership received the groundfish from the catcher 
vessel.
    (C) Port of landing or vessel transshipped to. ``FLD,'' a code which 
means floating processor.
    (D) Type of gear used. Write in one of the following gear types used 
by the catcher vessel to harvest groundfish received:
    (1) Hook and line.
    (2) Pot.
    (3) Nonpelagic trawl.
    (4) Pelagic trawl.
    (5) Jig/troll.
    (6) Other.
    (iv) The operator of a mothership is responsible for ensuring that 
the following information is recorded on an ADF&G fish ticket for each 
catcher vessel:
    (A) Code. Species code for each species from Table 2 to this part, 
except species codes 144, 168, 169, or 171.
    (B) Statistical area. ADF&G 6-digit statistical area in which 
groundfish were harvested. If more than the allowed eight statistical 
areas per fish ticket is exceeded in a weekly reporting period, complete 
a second fish ticket. These statistical areas are defined in a set of 
charts obtained at no charge from Alaska Commercial Fisheries Management 
& Development Division, Department of Fish and Game, 211 Mission Road, 
Kodiak, AK, 99615-6399.
    (C) Condition code. The product code from Table 1 to this part which 
describes the condition of the fish received by the mothership from the 
catcher vessel. In most cases, this will be product code 1, whole fish.
    (D) Pounds. The landed weight of each species to the nearest lb.
    (E) Permit holder's signature. The signature of the catcher vessel 
CFEC permit holder.
    (F) Fish received by. The signature of the mothership operator.
    (3) Time limit and submittal. (i) The operator of a mothership must 
complete the consolidated weekly ADF&G groundfish fish ticket for each 
catcher vessel by 1200 hours, A.l.t., on Tuesday following the end of 
the applicable weekly reporting period.
    (ii) The operator of a mothership must submit the original 
consolidated weekly ADF&G groundfish fish tickets (fax copy is not 
acceptable) to Alaska Commercial Fisheries Management & Development 
Division, Department of Fish and Game, 211 Mission Road, Kodiak, AK, 
99615-6399, within 30 days after landings are received.
    (n) Groundfish CDQ fisheries--(1) CDQ delivery report. The manager 
of each shoreside processor and the manager or operator of each buying 
station taking deliveries of CDQ or PSQ species from catcher vessels 
must submit the following information on the CDQ delivery report to NMFS 
within 24 hours of each delivery of groundfish CDQ species:
    (i) CDQ number.

[[Page 526]]

    (ii) Name of the vessel delivering CDQ, writing ``unnamed'' if the 
vessel has no name.
    (iii) ADF&G number of the vessel delivering CDQ.
    (iv) Federal fisheries permit number of the vessel delivering CDQ, 
if applicable.
    (v) Name of the processor taking delivery of the CDQ.
    (vi) Federal processor permit number of the processor taking 
delivery of the CDQ.
    (vii) Gear used to catch CDQ.
    (viii) The CDQ delivery number, which is a unique, sequential number 
assigned by the catcher vessel operator and recorded in the DCPL.
    (ix) Reporting area where CDQ catch was made.
    (x) For catcher vessels using trawl gear, whether the catch was from 
the CVOA or from the COBLZ.
    (xi) Date the CDQ catch was delivered to the processor.
    (xii) Species codes using codes in Table 2 to this part.
    (xiii) Product codes using the product codes listed in Table 1 to 
this part for groundfish and at Sec. 679.42(c)(2)(iii) for halibut, 
using product code 98 to designate at-sea discards reported by the 
operator of an unobserved vessel.
    (xiv) Product weight to the nearest 0.001 mt for groundfish CDQ and 
halibut CDQ or PSQ, and the total number of salmon PSQ and crab PSQ 
delivered to the processor. The weight of halibut CDQ, halibut PSQ, 
halibut IFQ, and sablefish IFQ must be reported separately on the CDQ 
delivery report. In addition, PSQ delivered to the processor must be 
reported separately from PSQ discarded at sea by unobserved catcher 
vessels. For catcher vessels with a CDQ observer, do not report 
estimates of at-sea discards on the CDQ delivery report.
    (xv) The printed name, signature, and date of signature for the 
vessel operator and the manager of the shoreside processing plant or 
operator or the buying station.
    (2) CDQ catch report. The CDQ catch report is required for all catch 
made by vessels groundfish CDQ fishing as defined at Sec. 679.2. The CDQ 
representative must submit the following information to NMFS within 7 
days of the date CDQ catch was delivered by a catcher vessel to a 
shoreside processor, buying station, or mothership, or within 7 days of 
the date gear used to catch CDQ was retrieved for catcher/processors.
    (i) For all CDQ catch reports. (A) CDQ number.
    (B) Name of vessel used to catch CDQ, writing ``unnamed'' if the 
vessel has no name.
    (C) Federal fisheries permit number of the vessel used to catch CDQ.
    (D) ADF&G number of the vessel used to catch CDQ.
    (E) Gear used to catch CDQ.
    (F) Reporting area where CDQ catch was made.
    (G) For vessels using trawl gear, whether the catch was from the 
CVOA or COBLZ.
    (H) Species codes using codes in Table 2 to this part.
    (I) The CDQ representative's printed name, signature, and date of 
signature.
    (ii) For catcher vessels retaining all groundfish CDQ and delivering 
it to a shoreside processing plant (Option 1 in the CDP). (A) Name of 
the processor taking delivery of the CDQ.
    (B) Federal processor permit number of the processor taking delivery 
of the CDQ.
    (C) Date CDQ catch was delivered.
    (D) The CDQ delivery number.
    (E) Product codes using the product codes listed in Table 1 to this 
part for groundfish and at Sec. 679.42(c)(2)(iii) for halibut, using 
product code 98 to designate at-sea discards reported by the operator of 
an unobserved vessel.
    (F) Product weight to the nearest 0.001 mt for groundfish CDQ and 
halibut CDQ or PSQ, and the total number of salmon PSQ and crab PSQ. The 
weight of halibut and sablefish CDQ and IFQ, and the weight of halibut 
PSQ must be reported separately. PSQ reports must include all PSQ 
delivered to the processor and all PSQ reported as discarded at sea by 
the vessel operator for unobserved vessels and by the CDQ observer for 
vessels required to carry a CDQ observer. The CDQ catch report must 
identify whether sablefish CDQ accrues against the fixed gear sablefish 
CDQ reserve or the sablefish CDQ reserve as defined at 
Sec. 679.20(b)(1)(iii).
    (iii) For catcher/processors; catcher vessels delivering to 
motherships; and catcher

[[Page 527]]

vessels using nontrawl gear discarding groundfish CDQ at sea and 
delivering to shoreside processing plants (Option 2 in the CDP). (A) 
Name, Federal fisheries permit number, and ADF&G number of the 
mothership, if applicable.
    (B) Name and Federal processor permit of the shoreside processing 
plant, if applicable.
    (C) The CDQ observer's haul or set number.
    (D) Date gear retrieved by the catcher/processor, mothership, or 
catcher vessel as determined by the CDQ observer.
    (E) The total weight to the nearest 0.001 mt for groundfish CDQ and 
halibut PSQ, the product code and product weight for halibut CDQ, and 
the total number of salmon PSQ and crab PSQ. The weight of halibut CDQ 
and halibut PSQ must be reported separately and the CDQ catch report 
must identify whether sablefish CDQ accrues against the fixed gear 
sablefish CDQ reserve or the sablefish CDQ reserve as defined at 
Sec. 679.20(b)(1)(iii).
    (3) Halibut CDQ. All halibut CDQ harvested by vessels while 
groundfish CDQ fishing as defined at Sec. 679.2 must be reported on the 
CDQ delivery report and on the CDQ catch report.

[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; 62 FR 2045, Jan. 
15, 1997; 62 FR 17756, Apr. 11, 1997; 62 FR 19690, Apr. 23, 1997; 62 FR 
26247, May 13, 1997; 62 FR 26749, May 15, 1997; 63 FR 30399, June 4, 
1998; 63 FR 47356, Sept. 4, 1998]

    Effective Date Note 1: At 63 FR 30399, June 4, 1998, Sec. 679.5 was 
amended by adding paragraph (n). This paragraph contains information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.

    Effective Date Note 2: At 63 FR 47356, Sept. 4, 1998, Sec. 679.5 was 
amended by revising paragraphs (a) through (l) and adding paragraph (m), 
effective Oct. 5, 1998, except paragraph (l)(2)(vi), which contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.



Sec. 679.6  Experimental fisheries.

    (a) General. For limited experimental purposes, the Regional 
Administrator 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 Administrator 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.
    (b) Application. An applicant for an experimental fishing permit 
shall submit to the Regional Administrator, 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 Administrator, 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.

[[Page 528]]

    (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 Administrator 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 Administrator, 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 Administrator 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 Administrator 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 Administrator 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 
Administrator, after consulting with the Council, to grant or deny an 
experimental fishing permit is the final action of the agency. The 
Regional Administrator 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 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 Administrator may attach 
terms and conditions to the experimental fishing permit that are 
consistent with the purpose of the experiment, including, but not 
limited to:

[[Page 529]]

    (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 in the GOA or BSAI 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 action or adjustment. Conduct any fishing contrary to 
notification of inseason action or adjustment issued under Sec. 679.20, 
Sec. 679.21, or Sec. 679.25.
    (3) Groundfish Observer Program. Fish for or process groundfish 
except in compliance with the terms of the Groundfish Observer Program 
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) Prohibited species 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 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--(i) (Applicable through December 31, 2004). 
Operate any vessel in the BSAI in more than one of the two categories 
included in the definition of ``inshore component in the BSAI,'' in 
Sec. 679.2, during any fishing year.
    (ii) (Applicable through December 31, 2004). Operate any vessel in 
the BSAI under both the ``inshore component in the BSAI'' and the 
``offshore component in the BSAI'' definitions in Sec. 679.2 during the 
same fishing year.
    (iii) (Applicable through December 31, 2001). Operate any vessel in 
the BSAI under both the ``inshore component in the GOA'' and the 
``offshore component in the BSAI'' or under both the ``offshore 
component in the GOA'' and the ``inshore component in the BSAI'' 
definitions in Sec. 679.2 during the same fishing year.
    (iv) (Applicable through December 31, 2001). Operate any vessel in 
the GOA in more than one of the three categories included in the 
definition of ``inshore component in the GOA,'' in Sec. 679.2, during 
any fishing year.

[[Page 530]]

    (v) (Applicable through December 31, 2001). Operate any vessel in 
the GOA under both the ``inshore component in the GOA'' and the 
``offshore component in the GOA'' definitions in Sec. 679.2 during the 
same fishing year.
    (vi) (Applicable through December 31, 2001). Operate any vessel in 
the GOA under both the ``inshore component in the GOA'' and the 
``offshore component in the BSAI'' or under both the ``offshore 
component in the GOA'' and the ``inshore component in the BSAI'' 
definitions in Sec. 679.2 during the same fishing year.
    (vii) (Applicable through December 31, 2001). Operate any vessel 
that processes pollock or Pacific cod, harvested in a directed fishery 
for those species, at a single location in Alaska State waters under the 
``inshore component in the BSAI'' and the ``inshore component in the 
GOA'' 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) Prohibited species donation program. Retain or possess 
prohibited species, defined at Sec. 679.21(b)(1), except as permitted to 
do so under the PSD program as provided by Sec. 679.26 of this part, or 
as authorized by other applicable law.
    (13) 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.
    (14) Trawl performance standard. Use a vessel to participate in a 
directed fishery for pollock with trawl gear and have on board the 
vessel, at any particular time, 20 or more crab of any species that have 
a width of more than 1.5 inches (38 mm) at the widest dimension when 
directed fishing for pollock with nonpelagic trawl gear is closed.
    (15) Federal Processor Permit. Receive or process groundfish 
harvested in the GOA or BSAI by a shoreside processor or vessel of the 
United States operating solely as a mothership in Alaska State waters 
that does not have on site a valid Federal processor permit issued 
pursuant to Sec. 679.4(f).
    (16) Retention of groundfish bycatch species. Exceed the maximum 
retainable groundfish bycatch amount established under Sec. 679.20(e).
    (b) Prohibitions specific to GOA. Use any gear other than non-trawl 
gear in

[[Page 531]]

the GOA east of 140 deg. W. long. (Southeast Outside District).
    (c) Prohibitions specific to BSAI. (1) Incidental salmon. Discard 
any salmon taken incidental to a directed fishery for BSAI groundfish by 
vessels using trawl gear until notified by an 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).
    (2) Prohibited species. Conduct any fishing contrary to a 
notification issued under Sec. 679.21.
    (d) CDQ. (1) Participate in a Western Alaska CDQ program in 
violation of this part.
    (2) Fail to submit, submit inaccurate information on, or 
intentionally submit false information on any report, application, or 
statement required under this part.
    (3) Participate as a community in more than one CDP, unless the 
second CDP is for vessels fishing halibut CDQ only.
    (4) Harvest groundfish CDQ on behalf of a CDQ group with a vessel 
that is not listed as an eligible vessel on an approved CDP for that CDQ 
group.
    (5) For a CDQ group, exceed a CDQ, halibut PSQ, or crab PSQ.
    (6) For the operator of an eligible vessel listed on an approved 
CDP, use trawl gear to harvest groundfish CDQ in Zone 1 after the CDQ 
group's red king crab PSQ or C. bairdi Tanner crab PSQ in Zone 1 is 
attained.
    (7) For the operator of an eligible vessel listed on an approved 
CDP, use trawl gear to harvest groundfish CDQ in Zone 2 after the CDQ 
group's PSQ for C. bairdi Tanner crab in Zone 2 is attained.
    (8) For the operator of an eligible vessel listed on an approved 
CDP, use trawl gear to harvest groundfish CDQ in the C. opilio Bycatch 
Limitation Zone after the CDQ group's PSQ for C. opilio Tanner crab is 
attained.
    (9) For the operator of an eligible vessel listed on an approved 
CDP, use trawl gear to harvest groundfish CDQ in the Chinook Salmon 
Savings Area between January 1 and April 15 after the CDQ group's 
chinook salmon PSQ is attained.
    (10) For the operator of an eligible vessel listed on an approved 
CDP, use trawl gear to harvest groundfish CDQ in the Chum Salmon Savings 
Area between September 1 and October 14 after the CDQ group's non-
chinook salmon PSQ is attained.
    (11) For the operator of a catcher vessel using trawl gear or any 
vessel less than 60 ft (18.3 m) LOA that is groundfish CDQ fishing as 
defined at Sec. 679.2, discard any groundfish CDQ species or salmon PSQ 
before it is delivered to an eligible processor listed on an approved 
CDP.
    (12) For the operator of a vessel using trawl gear, release CDQ 
catch from the codend before it is brought on board the vessel and 
weighed on a scale approved by NMFS under Sec. 679.28(b) or delivered to 
a processor. This includes, but is not limited to, ``codend dumping'' 
and ``codend bleeding.''
    (13) For the operator of a catcher vessel, catch, retain on board, 
or deliver groundfish CDQ species together with moratorium groundfish 
species.
    (14) For the operator of a catcher/processor, catch groundfish CDQ 
species together with moratorium groundfish species in the same haul, 
set, or pot.
    (15) For the operator of a catcher/processor or a catcher vessel 
required to carry a CDQ observer, combine catch from two or more CDQ 
groups in the same haul or set.
    (16) Use any groundfish CDQ species as a basis species for 
calculating retainable bycatch amounts under Sec. 679.20.
    (17) For the operator of a catcher/processor using trawl gear or a 
mothership, harvest or take deliveries of CDQ or PSQ species without a 
valid scale inspection report signed by an authorized scale inspector 
under Sec. 679.28(b)(2) on board the vessel.
    (18) For the operator of a vessel required to have an observer 
sampling station described at Sec. 679.28(d), harvest or take deliveries 
of CDQ or PSQ species without a valid observer sampling station 
inspection report issued by NMFS under Sec. 679.28(d)(8) on board the 
vessel.
    (19) For the operator of a catcher/processor using trawl gear or a 
mothership, sort, process, or discard

[[Page 532]]

CDQ or PSQ species before the total catch is weighed on a scale that 
meets the requirements of Sec. 679.28(b), including the daily test 
requirements described at Sec. 679.28(b)(3).
    (20) For the manager of a shoreside processor or the manager or 
operator of a buying station that is required elsewhere in this part to 
weigh catch on a scale approved by the State of Alaska under 
Sec. 679.28(c), fail to weigh catch on a scale that meets the 
requirements of Sec. 679.28(c).
    (21) For a CDQ representative, use methods other than those approved 
in the CDP to determine the catch of CDQ and PSQ reported to NMFS on the 
CDQ catch report.
    (22) For a CDQ group, report catch of sablefish CDQ for accrual 
against the fixed gear sablefish CDQ reserve if that sablefish CDQ was 
caught with fishing gear other than fixed gear.
    (23) For any person on a vessel using fixed gear that is fishing for 
a CDQ group with an allocation of fixed gear sablefish CDQ, discard 
sablefish harvested with fixed gear.
    (24) For a CDQ group, fail to ensure that all vessels and processors 
listed as eligible on the CDQ group's approved CDP comply with all 
regulations in this part while fishing for CDQ.
    (25) Fail to comply with the requirements of a CDP.
    (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)(i) Halibut. Retain halibut caught with fixed gear without a 
valid IFQ or CDQ permit and without an IFQ or CDQ card in the name of an 
individual aboard.
    (ii) Sablefish. Retain sablefish caught with fixed gear without a 
valid IFQ permit and without an IFQ card in the name of an individual 
aboard, except as provided under an approved CDP.
    (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 or CDQ halibut or IFQ 
sablefish harvested or landed in violation of any provision of this 
part.
    (6) Make an IFQ halibut, IFQ sablefish, or CDQ halibut landing 
without an IFQ or CDQ 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

[[Page 533]]

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.
    (10) Make an IFQ halibut, IFQ sablefish, or CDQ halibut 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) Violate any other provision under subpart D of this part.
    (15) 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) Groundfish Observer Program. (1) Forcibly assault, resist, 
oppose, impede, intimidate, sexually harass, bribe, or interfere with an 
observer.
    (2) Interfere with or bias the sampling procedure employed by an 
observer, including physical, mechanical, or other sorting or discarding 
of catch before sampling.
    (3) 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.
    (4) 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.
    (5) 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.
    (6) Fish for or process fish without observer coverage required 
under subpart E of this part.
    (7) Require, pressure, coerce, or threaten 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) High Seas Salmon Fisheries. (1) Fish for, take, or retain any 
salmon in violation of the North Pacific Fisheries Act of 1954, 16 
U.S.C. 1021-1035 or this part.
    (2) Engage in fishing for salmon in the High Seas Salmon Management 
Area except to the extent authorized by Sec. 679.4(h).
    (i) License Limitation Program--(1) Number of licenses. (i) Hold 
more than 10 groundfish licenses in the name of that person at any time, 
except as provided in paragraph (i)(1)(iii) of this section;
    (ii) Hold more than five crab species licenses in the name of that 
person at any time, except as provided in paragraph (i)(1)(iii) of this 
section; or
    (iii) Hold more licenses than allowed in paragraphs (i)(1)(i) and 
(i)(1)(ii) of this section unless those licenses were issued to that 
person in the initial distribution of licenses. Any person who receives 
in the initial distribution

[[Page 534]]

more licenses than allowed in paragraphs (i)(1)(i) and (i)(1)(ii) of 
this section shall have no transfer applications for receipt of 
additional licenses approved until the number of licenses in the name of 
that person is less than the numbers specified in paragraphs (i)(1)(i) 
and (i)(1)(ii) of this section; furthermore, when a person becomes 
eligible to receive licenses by transfer through the provisions of this 
paragraph, that person is subject to the provisions in paragraphs 
(i)(1)(i) and (i)(1)(ii) of this section;
    (2) Conduct directed fishing for license limitation groundfish 
without an original valid groundfish license, except as provided in 
Sec. 679.4(k)(2);
    (3) Conduct directed fishing for crab species without an original 
valid crab species license, except as provided in Sec. 679.4(i)(2);
    (4) Process license limitation groundfish on board a vessel without 
an original valid groundfish license with a Catcher/processor 
designation;
    (5) Process crab species on board a vessel without an original valid 
crab species license with a Catcher/processor designation;
    (6) Use a license on a vessel that has an LOA that exceeds the MLOA 
specified on the license;
    (7) Lease a groundfish or crab species license.

[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; 61 FR 56431, Nov. 1, 1996; 61 FR 
65987, Dec. 16, 1996; 62 FR 2046, Jan. 15, 1997; 62 FR 19690, Apr. 23, 
1997; 62 FR 67760, Dec. 30, 1997; 63 FR 8360, Feb. 19, 1998; 63 FR 
30400, June 4, 1998; 63 FR 32145, June 12, 1998; 63 FR 38502, July 17, 
1998; 63 FR 47367, Sept. 4, 1998; 63 FR 52657, Oct. 1, 1998; 63 FR 
54753, Oct. 13, 1998; 63 FR 64879, Nov. 24, 1998; 64 FR 3657, Jan. 25, 
1999; 64 FR 3882, Jan. 26, 1999; 64 FR 20213, Apr. 26, 1999]

    Effective Date Note 1: At 63 FR 52657, Oct. 1, 1998, Sec. 679.7 was 
amended by adding paragraph (j), effective Jan. 1, 2000. At 63 FR 54753, 
Oct. 13, 1998, paragraph (j) was correctly designated as paragraph (i).

    Effective Date Note 2: At 64 FR 3442, Jan. 22, 1999, Sec. 679.7, was 
amended by suspending paragraph (b) and adding paragraph (i), effective 
Jan. 20, 1999, through July 19, 1999. At 64 FR 39087, July 21, 1999, the 
effective date was extended from July 19, 1999, through Dec. 31, 1999. 
For the convenience of the user the text in effect from Jan. 20, 1999 
through Dec. 31, 1999 is set forth as follows:



Sec. 679.7  Prohibitions.

                                * * * * *

    (i) Prohibitions specific to the GOA (applicable through July 19, 
1999)--(1) Southeast Outside trawl closure (applicable through July 19, 
1999). Use any gear other than non-trawl gear in the GOA east of 
140 deg. W long.
    (2) Western/Central GOA Pollock trip limit (applicable through July 
19, 1999). Retain on board a catcher vessel at any time, more than 136 
mt of unprocessed pollock, or retain on board a tender vessel at any 
time, more than 272 mt of unprocessed pollock, harvested in the Western 
or Central Areas of the GOA.

                                * * * * *



Sec. 679.8  Facilitation of enforcement.

    See Sec. 600.740 of this chapter.



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

[[Page 535]]

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.
    (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 Administrator 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:

[[Page 536]]

    (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, 35 percent, and 40 percent of 
the apportionment, respectively, corresponding to the three fishing 
seasons defined at Sec. 679.23(d)(2).
    (6) Inshore-offshore apportionments--(i) BSAI pollock (applicable 
through December 31, 2004). The apportionment of pollock in each BSAI 
subarea or district and season between the inshore component in the BSAI 
and the offshore component in the BSAI will be the same as that 
specified in section 206(b) of the American Fisheries Act.
    (ii) GOA pollock (applicable through December 31, 2001). The 
apportionment of pollock in all GOA regulatory areas and for each season 
allowance described in paragraph (a)(5)(ii) of this section will be 
allocated entirely to vessels catching pollock for processing by the 
inshore component in the GOA after subtraction of an amount that is 
projected by the Regional Administrator to be caught by, or delivered 
to, the offshore component in the GOA incidental to directed fishing for 
other groundfish species.
    (iii) GOA Pacific cod (applicable through December 31, 2001). 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 in the GOA and 10 percent to vessels catching 
Pacific cod for processing by the offshore component in the GOA.
    (7) Pacific cod TAC, BSAI--(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, 51 percent to vessels using hook-and-line or 
pot gear, and 47 percent to vessels using trawl gear.
    (B) The portion of Pacific cod TAC allocated to trawl gear under 
paragraph (a)(7)(i)(A) of this section will be further allocated 50 
percent to catcher vessels and 50 percent to catcher/processors as 
defined for the purposes of recordkeeping and reporting at Sec. 679.2.
    (C) The Regional Administrator 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 allocations--(A) Reallocation within the trawl 
sector. If, during a fishing year, the Regional Administrator determines 
that either trawl catcher vessels or trawl catcher/processors will not 
be able to harvest the entire amount of Pacific cod in the BSAI 
allocated to those vessels under paragraph (a)(7)(i) or (a)(7)(ii)(B) of 
this section, NMFS will first make the projected unused amount of 
Pacific cod available to the other trawl vessel sector before any 
reallocation to vessels using other gear types.
    (B) Reallocation between gear types. If, during a fishing year, the 
Regional Administrator 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 paragraphs 
(a)(7)(i) or (a)(7)(iii) 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.

[[Page 537]]

    (iii) Reallocation of TAC specified for jig gear. On September 15 of 
each year, the Regional Administrator will reallocate any projected 
unused amount of Pacific cod in the BSAI allocated to vessels using jig 
gear to vessels using hook-and-line or pot gear through notification in 
the Federal Register.
    (iv) Seasonal allowances--(A) Time periods. NMFS, after consultation 
with the Council, may divide the TAC 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 allowance 
of the Pacific cod allocation to vessels using hook-and-line and pot 
gear on the following information:
    (1) Seasonal distribution of Pacific cod relative to prohibited 
species distribution.
    (2) Variations in prohibited species bycatch rates in the Pacific 
cod fisheries throughout the fishing year.
    (3) Economic effects of any seasonal allowance of Pacific cod on the 
hook-and-line and pot-gear fisheries.
    (C) Unused seasonal allowances. Any unused portion of a seasonal 
allowance of Pacific cod allocated to vessels using hook-and-line or pot 
gear will be reallocated to the remaining seasons during the current 
fishing year in a manner determined by NMFS, after consultation with the 
Council.
    (8) BSAI Atka mackerel--(i) Jig gear. Vessels using jig gear will be 
allocated up to 2 percent of the TAC of Atka mackerel specified for the 
Eastern Aleutian Islands District and Bering Sea subarea, after 
subtraction of reserves, based on the following criteria:
    (A) The amount of Atka mackerel harvested by vessels using jig gear 
during recent fishing years;
    (B) The anticipated harvest of Atka mackerel by vessels using jig 
gear during the upcoming fishing year; and
    (C) The extent to which the jig-gear allocation will support the 
development of a jig-gear fishery for Atka mackerel while minimizing the 
amount of Atka mackerel TAC annually allocated to vessels using jig gear 
that remains unharvested at the end of the fishing year.
    (ii) Other gears. The remainder of the Atka mackerel TAC, after 
subtraction of the jig gear allocation and reserves, will be allocated 
to vessels using other authorized gear types.
    (A) Seasonal allowances. The Atka mackerel TAC specified for each 
subarea or district of the BSAI will be divided equally, after 
subtraction of the jig gear allocation and reserves, into two seasonal 
allowances corresponding to the A and B seasons defined at 
Sec. 679.23(e)(3).
    (B) Overages and underages. Within any fishing year, unharvested 
amounts of the A season allowance will be added to the B season 
allowance and harvests in excess of the A season allowance will be 
deducted from the B season allowance.
    (9) BSAI shortraker rockfish and rougheye rockfish. After 
subtraction of reserves, the TAC of shortraker rockfish and rougheye 
rockfish specified for the Aleutian Islands subarea will be allocated 30 
percent to vessels using non-trawl gear and 70 percent to vessels using 
trawl gear.
    (10) 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.

[[Page 538]]

    (iii) CDQ reserve--(A) Groundfish CDQ reserve. Except as limited by 
Sec. 679.31(a) of this part, one half of the nonspecified reserve 
established by paragraph (b)(1)(i) of this section is apportioned to the 
groundfish CDQ reserve.
    (B) Fixed gear sablefish CDQ reserves. Twenty percent of the fixed 
gear allocation of sablefish established by paragraph (a)(4)(iii) of 
this section for each subarea or district of the BSAI is apportioned to 
a CDQ reserve for each subarea or district.
    (C) Apportionment of groundfish CDQ reserve by TAC category. (1) 
Except for the fixed gear sablefish CDQ reserves, the groundfish CDQ 
reserve is apportioned among TAC categories in amounts equal to 7.5 
percent of each TAC category for which a reserve is established.
    (2) If the final harvest specifications required by paragraph (c) of 
this section change the groundfish species comprising a species category 
or change a TAC by combining management areas or splitting a TAC into 
two or more TACs by management area, then any CDQ allocations based on 
those TACs change proportionally.
    (iv) 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.
    (v) 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 
Administrator 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, 
flatfish, and ``other species,'' which are equal to 20 percent of the 
TACs for these species or species groups.
    (i) Pollock inshore-offshore reapportionment (applicable through 
December 31, 2001). Any amounts of the GOA reserve that are 
reapportioned to pollock as provided by this paragraph (b) must be 
apportioned between the inshore component in the GOA and the offshore 
component in the GOA in the same proportion specified in paragraph 
(a)(6)(ii) of this section.
    (ii) Pacific cod inshore-offshore reapportionment (applicable 
through December 31, 2001). Any amounts of the GOA reserve that are 
reapportioned to Pacific cod as provided by this paragraph (b) must be 
apportioned between the inshore component in the GOA and the offshore 
component in the GOA in the same proportion specified in paragraph 
(a)(6)(iii) of the section.
    (3) Apportionment of 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 or GOA 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 or 
GOA reserve that will be harvested by U.S. vessels during the remainder 
of the year.
    (B) Exception. Part or all of the BSAI or GOA 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

[[Page 539]]

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.
    (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 Administrator 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 by paragraph 
(a)(2) of this section, PSQ reserves and prohibited species catch 
allowances established by Sec. 679.21, seasonal allowances of pollock 
TAC (including pollock CDQ), and CDQ reserve amounts established by 
paragraph (b)(1)(iii) of this section.
    (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 pollock and the hook and line and pot gear 
allocation of sablefish, one quarter of each proposed initial TAC and 
apportionment thereof, one quarter of each CDQ reserve established by 
paragraph (b)(1)(iii) of this section, and one quarter of the proposed 
PSQ reserve and prohibited species catch allowances established by 
Sec. 679.21.
    (A) The interim specifications for pollock and Atka mackerel will be 
equal to the first seasonal allowance for pollock and Atka mackerel that 
is published in the proposed specifications under paragraph (c)(1) of 
this section.
    (B) The interim specifications for CDQ pollock will be equal to the 
first seasonal allowance that is published in the proposed 
specifications under paragraph (c)(1) of this section.
    (3) Final specifications--(i) Notification. NMFS will consider 
comments on the

[[Page 540]]

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, PSQ reserves and prohibited species catch 
allowances, seasonal allowances of the pollock TAC (including pollock 
CDQ), and CDQ reserve amounts.
    (4) Inshore-offshore allocations--(i) BSAI pollock (applicable 
through December 31, 2004). The proposed, interim, and final 
specifications will specify the allocation of pollock for processing by 
the inshore component in the BSAI and the offshore component in the 
BSAI, and any seasonal allowances thereof, as authorized under 
paragraphs (a)(5) and (a)(6) of this section.
    (ii) GOA pollock and Pacific cod (applicable through December 31, 
2001). The proposed, interim, and final specifications will specify the 
allocation of GOA pollock and GOA Pacific cod for processing by the 
inshore component in the GOA and the offshore component in the GOA, and 
any seasonal allowances thereof, as authorized under paragraphs (a)(5) 
and (a)(6) of this section.
    (5) BSAI Pacific cod gear allocations 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.
    (6) BSAI Atka mackerel allocations. The proposed, interim, and final 
specifications will specify the allocation of BSAI Atka mackerel among 
gear types as authorized under paragraph (a)(8) of this section.
    (d) Fishery closures--(1) Directed fishing allowance--(i) General. 
If the Regional Administrator 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 Administrator 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, as defined at 
Sec. 679.25, 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 Administrator 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 
Administrator 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 
Administrator determines that the TAC of any target species or the 
``other species'' category specified under paragraph (c) of this 
section, or the share of any TAC assigned to any type of gear, 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.

[[Page 541]]

    (3) Overfishing closure--(i) Notification. If, in making a 
determination under paragraph (d)(2) of this section, the Regional 
Administrator 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 Administrator 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 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. Except as provided in Table 10 to this part, 
arrowtooth flounder, retained CDQ species, 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

[[Page 542]]

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(a)(9).
    (3) Pollock product recovery rates (PRRs). Use the product types and 
standard PRRs for pollock found in Table 3 to this part 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.
    (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 processed may not be discarded at sea unless such discarding is 
necessary to meet other requirements of this part.
    (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 Administrator 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

[[Page 543]]

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 Administrator will receive public comments on the adjustment or 
announcement for a period of 15 days from the date of publication in the 
Federal Register.
    (i) Forage fish--(1) Definition. See Sec. 679.2.
    (2) Applicability. The provisions of Sec. 679.20(i) apply to all 
vessels fishing for groundfish in the BSAI or GOA, and to all vessels 
processing groundfish harvested in the BSAI or GOA.
    (3) Closure to directed fishing. Directed fishing for forage fish is 
prohibited at all times in the BSAI and GOA.
    (4) Limits on sale, barter, trade, and processing. The sale, barter, 
trade, or processing of forage fish is prohibited, except as provided in 
paragraph (i)(5) of this section.
    (5) Allowable fishmeal production. Retained catch of forage fish not 
exceeding the maximum retainable bycatch amount may be processed into 
fishmeal for sale, barter, or trade.

[61 FR 31230, June 19, 1996, as amended at 61 FR 39602, July 30, 1996; 
61 FR 59030, Nov. 20, 1996; 62 FR 2046, Jan. 15, 1997; 62 FR 11110, Mar. 
11, 1997; 62 FR 15127, Mar. 31, 1997; 62 FR 63890, Dec. 3, 1997; 62 FR 
68228, Dec. 31, 1997; 63 FR 8360, Feb. 19, 1998; 63 FR 13011, Mar. 17, 
1998; 63 FR 31941, June 11, 1998; 63 FR 40192, July 28, 1998; 63 FR 
47367, Sept. 4, 1998; 63 FR 54610, Oct. 13, 1998; 64 FR 3451, Jan. 22, 
1999; 64 FR 3658, Jan. 25, 1999]

    Effective Date Note 1: At 64 FR 3437, Jan. 22, 1999, Sec. 679.20 was 
amended by adding paragraph (d)(1)(iv), effective Jan. 20, 1999, through 
July 19, 1999. At 64 FR 33425, June 23, 1999, the effective date was 
extended from July 19, 1999, through Dec. 31, 1999. For the convenience 
of the user, the added text is set forth as follows:



Sec. 679.20  General limitations.

                                * * * * *

    (d) * * *
    (1) * * *
    (iv) American Fisheries Act harvest limitations (applicable through 
July 19, 1999). (A) If the Regional Administrator determines that any 
harvest limitation of groundfish other than pollock, established under 
section 211(b)(2) (A) or (C) of the American Fisheries Act for catcher/
processors identified in section 208(e)(1) through (20) of that Act, has 
been or will be reached, the Regional Administrator may establish a 
directed fishing allowance for the species or species group applicable 
only to those identified catcher/processors.
    (B) In establishing a directed fishing allowance under paragraph 
(d)(1)(iv)(A) of this section, the Regional Administrator shall consider 
the amount of the harvest limitation established under section 211(b)(2) 
(A) or (C) of the American Fisheries Act that will be taken as 
incidental catch by those catcher/processors identified in section 
208(e) (1) through (20) of that Act in directed fishing for other 
species.

                                * * * * *

    Effective Date Note 2: At 64 FR 3443, Jan. 22, 1999, Sec. 679.20 was 
amended by suspending paragraphs (a)(5)(i)(A) and (a)(5)(ii)(B) and by 
adding paragraph (a)(5)(i)(C) and (a)(5)(ii)(C), effective Jan. 20, 
1999, through July 19, 1999. At 64 FR 7815, Feb. 17, 1999, paragraphs 
(a)(5)(i)(C) (2) and (3) were corrected, effective Feb. 16, 1999. At 64 
FR 39087, July 21, 1999, the effective date was extended from July 21, 
1999, through Dec. 31, 1999. For the convenience of the user the added 
text is set forth as follows:



Sec. 679.20  General limitations.

    (a) * * *
    (5) * * *
    (i) * * *
    (C) BSAI seasonal allowances (applicable through July 19, 1999)--(1) 
Inshore. The portion of the Bering Sea Subarea pollock TAC allocated to 
the inshore component under section 206(b) of the American Fisheries Act 
will be divided into four seasonal allowances corresponding to the four 
fishing seasons set out at Sec. 679.23(e)(4)(i), as follows: A1 Season, 
27.5 percent; A2 Season, 12.5 percent, B Season, 30 percent, C Season, 
30 percent. Within any fishing year, underage or overage of a seasonal

[[Page 544]]

allowance may be added to or subtracted from subsequent seasonal 
allowances in a manner to be determined by the Regional Administrator 
provided that overall pollock removals from all sectors during a fishing 
season do not exceed 30 percent of the combined annual TAC of pollock.
    (2) Catcher/processor. The portion of the Bering Sea Subarea pollock 
TAC allocated to the catcher/processor component under section 206(b) of 
the American Fisheries Act will be divided into four seasonal allowances 
corresponding to the four fishing seasons set out at 
Sec. 679.23(e)(4)(ii), as follows: A1 Season, 27.5 percent; A2 Season, 
12.5 percent; B Season, 30 percent; C Season, 30 percent. Within any 
fishing year, underage or overage of a seasonal allowance may be added 
to or subtracted from subsequent seasonal allowances in a manner to be 
determined by the Regional Administrator, provided that overall pollock 
removals from all sectors during a fishing season do not exceed 30 
percent of the combined annual TAC of pollock.
    (3) Mothership. The portion of the Bering Sea Subarea pollock TAC 
allocated to the mothership component under section 206(b) of the 
American Fisheries Act will be divided into three seasonal allowances 
corresponding to the three fishing seasons set out at 
Sec. 679.23(e)(4)(ii) as follows: A Season, 40 percent; B Season, 30 
percent; C Season, 30 percent. Within any fishing year, underage or 
overage of any seasonal allowance may be added to or subtracted from 
subsequent seasonal allowances in a manner to be determined by the 
Regional Administrator provided that overall pollock removals from all 
sectors during a fishing season do not exceed 30 percent of the combined 
annual TAC of pollock.

                                * * * * *

    (ii) * * *
    (C) GOA seasonal allowances (applicable through July 19, 1999). Each 
apportionment established under paragraph (a)(5)(ii)(A) of this section 
will be divided into four seasonal allowances corresponding to the four 
fishing seasons set out at Sec. 679.23(d)(3) as follows: A Season, 30 
percent; B Season, 20 percent; C Season, 25 percent; D Season, 25 
percent. Within any fishing year, underage or overage of a seasonal 
allowance may be added to or subtracted from subsequent seasonal 
allowances in a manner to be determined by the Regional Administrator, 
provided that a revised seasonal allowance does not exceed 30 percent of 
the annual TAC apportionment.

                                * * * * *

    Effective Date Note 3: At 64 FR 3882, Jan. 26, 1999, Sec. 679.20 was 
amended by suspending paragraph (b)(1)(iii)(A) and by adding paragraph 
(b)(1)(iii)(D), effective Jan. 21, 1999, through July 20, 1999. At 64 FR 
34743, June 29, 1999, the effective date was extended from July 20, 
1999, through Dec. 31, 1999. For the convenience of the user the added 
text is set forth as follows:



Sec. 679.20  General limitations.

                                * * * * *

    (b) * * *
    (1) * * *
    (iii) * * *
    (D) Groundfish CDQ. Except as limited by Sec. 679.31(a) and section 
206(a) of the AFA, one half of the nonspecified reserve established by 
paragraph (b)(1)(i) of this section for all species except squid is 
apportioned to the groundfish CDQ reserve.

                                * * * * *



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

[[Page 545]]

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.
    (ii) After allowing for sampling by an observer, if an observer is 
aboard, sort its catch immediately after retrieval of the gear and, 
except as provided below, return all prohibited species or parts thereof 
to the sea immediately, with a minimum of injury, regardless of its 
condition. The following exceptions are made:
    (A) Salmon prohibited species catch in the BSAI groundfish fisheries 
under paragraph (c) of this section and Sec. 679.26; and
    (B) Salmon PSQ caught by catcher vessels using trawl gear in the CDQ 
fisheries under subpart C of this part.
    (3) Rebuttable presumption. Except as provided under paragraph (c) 
of this section, Sec. 679.26, or for salmon PSQ retained by catcher 
vessels using trawl gear in the CDQ fisheries, there 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 PSD Program 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 an 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 an 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 not 
required to obtain observer coverage during a month under Sec. 679.50(c) 
and (d) are not required to retain 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 observer aboard the vessel or at the shoreside processor a crew 
person or employee to

[[Page 546]]

be responsible for sorting, retention, and storage of salmon. Upon 
request of the 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 an 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.
    (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. Aftny 
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 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

[[Page 547]]

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 Administrator 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 Administrator 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 
Administrator 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 PSC, the Regional 
Administrator 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 Administrator 
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

[[Page 548]]

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 Administrator 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 
Administrator to increases in their incidental halibut catches.
    (5) The enforcement record of owners and operators of these vessels, 
and the confidence of the Regional Administrator that adherence to the 
prescribed conditions can be assured in light of available enforcement 
resources.
    (e) BSAI PSC limits--(1) Trawl gear-- (i) PSQ reserve. 7.5 percent 
of each PSC limit set forth in paragraphs (e)(1) (ii) through (v), 
(e)(1)(vii), and (e)(1)(viii) of this section is allocated to the 
groundfish CDQ program as PSQ reserve. The PSQ reserve is not 
apportioned by gear or fishery.
    (ii) Red king crab in Zone 1. The PSC limit of red king crab caught 
by trawl vessels while engaged in directed fishing for groundfish in 
Zone 1 during any fishing year will be specified annually by NMFS, after 
consultation with the Council, based on abundance and spawning biomass 
of red king crab using the criteria set out under paragraphs (e)(1)(iii) 
(A) through (C) of this section.
    (A) When the number of mature female red king crab is at or below 
the threshold of 8.4 million mature crab or the effective spawning 
biomass is less than or equal to 14.5 million lb (6,577 mt), the Zone 1 
PSC limit will be 35,000 red king crab.
    (B) When the number of mature female red king crab is above the 
threshold of 8.4 million mature crab and the effective spawning biomass 
is greater than 14.5 but less than 55 million lb (24,948 mt), the Zone 1 
PSC limit will be 100,000 red king crab.
    (C) When the number of mature female red king crab is above the 
threshold of 8.4 million mature crab and the effective spawning biomass 
is equal to or greater than 55 million lb, the Zone 1 PSC limit will be 
200,000 red king crab.
    (iii) Tanner crab (C. bairdi). The PSC limit of C. bairdi crabs 
caught by trawl vessels while engaged in directed fishing for groundfish 
in Zones 1 and 2 during any fishing year will be specified annually by 
NMFS under paragraph (e)(6) of this section, based on total abundance of 
C. bairdi crabs as indicated by the NMFS annual bottom trawl survey, 
using the criteria set out under paragraphs (e)(1)(iii) (A) and (B) of 
this section.
    (A) Zone 1. When the total abundance of C. bairdi crabs is:
    (1) 150 million animals or less, the PSC limit will be 0.5 percent 
of the total abundance.
    (2) Over 150 million to 270 million animals, the PSC limit will be 
750,000 animals.
    (3) Over 270 million to 400 million animals, the PSC limit will be 
850,000 animals.
    (4) Over 400 million animals, the PSC limit will be 1,000,000 
animals.
    (B) Zone 2. When the total abundance of C. bairdi crabs is:
    (1) 175 million animals or less, the PSC limit will be 1.2 percent 
of the total abundance.
    (2) Over 175 million to 290 million animals, the PSC limit will be 
2,100,000 animals.
    (3) Over 290 million to 400 million animals, the PSC limit will be 
2,550,000 animals.
    (4) Over 400 million animals, the PSC limit will be 3,000,000 
animals.
    (iv) C. opilio. The PSC limit of C. opilio caught by trawl vessels 
while engaged in directed fishing for groundfish in the COBLZ will be 
specified annually by NMFS under paragraph (e)(6) of this section, based 
on total abundance of C. opilio as indicated by the NMFS annual bottom 
trawl survey using the following criteria:
    (A) PSC Limit. The PSC limit will be 0.1133 percent of the total 
abundance, unless;
    (B) Minimum PSC Limit. If 0.1133 percent multiplied by the total 
abundance is less than 4.5 million, then the minimum PSC limit will be 
4.5 million animals; or

[[Page 549]]

    (C) Maximum PSC Limit. If 0.1133 percent multiplied by the total 
abundance is greater than 13 million, then the maximum PSC limit will be 
13 million animals.
    (v) 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.
    (vi) 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.
    (vii) 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.
    (viii) 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. (i) The PSC limit of halibut caught 
while conducting any nontrawl fishery for groundfish in the BSAI during 
any fishing year is the amount of halibut equivalent to 900 mt of 
halibut mortality.
    (ii) The amount of 7.5 percent of the non-trawl gear halibut PSC 
limit set forth in paragraph (e)(2)(i) of this section is allocated to 
the groundfish CDQ program as PSQ reserve. The PSQ reserve is not 
apportioned by gear or fishery.
    (3) PSC apportionment to trawl fisheries--(i) General. NMFS, after 
consultation with the Council and after subtraction of PSQ reserve, will 
apportion each PSC limit set forth in paragraphs (e)(1) (ii) through 
(viii) 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.
    (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, C. opilio, and 
halibut will be apportioned to the trawl fishery categories defined in 
paragraphs (e)(3)(iv) (B) through (F) of this section.
    (B) Red King Crab Savings Subarea (RKCSS). (1) The RKCSS is the 
portion of the RKCSA between 56 deg.00' and 56 deg.10' N. lat. 
Notwithstanding other provisions of this part, vessels using non-pelagic 
trawl gear in the RKCSS may engage in directed fishing for groundfish in 
a given year, if the ADF&G had established a guideline harvest level the 
previous year for the red king crab fishery in the Bristol Bay area.
    (2) When the RKCSS is open to vessels fishing for groundfish with 
nonpelagic trawl gear under (e)(3)(ii)(B)(1) of this section, NMFS, 
after consultation with the Council, will specify an amount of the red 
king crab bycatch limit annually established under paragraph (e)(1)(ii) 
of this section for the RKCSS. The amount of the red king crab bycatch 
limit specified for the RKCSS will not exceed an amount equivalent to 35 
percent of the trawl bycatch allowance specified for the rock sole/
flathead sole/``other flatfish'' fishery category under this paragraph 
(e)(3) and will be based on the need to optimize the groundfish harvest 
relative to red king crab bycatch.
    (C) Incidental catch in midwater pollock fishery. Any amount of red 
king crab, C. bairdi, C. opilio, or halibut that is incidentally taken 
in the 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.

[[Page 550]]

    (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 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 and after subtraction 
of PSQ reserve, may apportion the halibut PSC limit for nontrawl gear 
set forth under paragraph (e)(2)(i) 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 bycatch allowances of any 
prohibited species will equal its PSC limit.
    (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 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.

[[Page 551]]

    (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 annual red king crab PSC limit, and, if applicable, 
the amount of this PSC limit specified for the RKCSS, the annual C. 
bairdi PSC limit, the annual C. opilio PSC limit, the proposed and final 
PSQ reserve amounts, the proposed and final bycatch allowances, the 
seasonal apportionments thereof and the manner in which seasonal 
apportionments of non-trawl fishery bycatch allowances will be managed 
as required by paragraph (e) of this section.
    (ii) Public comment. Public comment will be accepted by NMFS on the 
proposed annual red king crab PSC limit and, if applicable, the amount 
of this PSC limit specified for the RKCSS, the annual C. bairdi PSC 
limit, the annual C. opilio PSC limit, the proposed and final 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 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

[[Page 552]]

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--(A) 
General. Except as provided in paragraph (e)(7)(i) of this section, if, 
during the fishing year, the Regional Administrator 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, including the RKCSS, 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.
    (B) RKCSS. If, during the fishing year the Regional Administrator 
determines that the amount of the red king crab PSC limit that is 
specified for the RKCSS under Sec. 679.21(e)(3)(ii)(B) of this section 
will be caught, NMFS will publish in the Federal Register the closure of 
the RKCSS to directed fishing for groundfish with nonpelagic trawl gear 
for the remainder of the year.
    (iii) 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 Administrator 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 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) COBLZ. Except as provided in paragraph (e)(7)(i) of this 
section, if, during the fishing year, the Regional Administrator 
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 will catch the COBLZ bycatch allowance, or seasonal 
apportionment thereof, of C. opilio specified for that fishery category 
under paragraph (e)(3) of this section, NMFS will publish in the Federal 
Register the closure of the COBLZ, as defined in Figure 13 to this part, 
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) Halibut closure. Except as provided in paragraph (e)(7)(i) of 
this section, if, during the fishing year, the Regional Administrator 
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.
    (vi) Pacific herring--(A) Closure. Except as provided in paragraph 
(e)(7)(v)(B) of this section, if, during the fishing year, the Regional 
Administrator 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.

[[Page 553]]

    (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.
    (vii) Chum salmon. If the Regional Administrator 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) and in Figure 2 to this part, 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 Figure 
9, to this part.
    (viii) Chinook salmon. When the Regional Administrator 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 as defined in Figure 8 to this 
part.
    (8) Nontrawl halibut closures. If, during the fishing year, the 
Regional Administrator 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 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

[[Page 554]]

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 Administrator 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 Administrator 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 
Administrator.
    (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 Administrator 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 Administrator 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 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.

[[Page 555]]

    (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 Administrator 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 Administrator 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 Administrator 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 
Administrator 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.
    (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,

[[Page 556]]

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; 61 FR 56431, Nov. 1, 1996; 61 FR 65988, Dec. 
16, 1996; 62 FR 13841, Mar. 24, 1997; 62 FR 66831, Dec. 22, 1997; 63 FR 
8361, Feb. 19, 1998; 63 FR 11168, Mar. 6, 1998; 63 FR 30401, June 4, 
1998; 63 FR 32145, June 12, 1998; 63 FR 47367, Sept. 4, 1998; 63 FR 
50801, Sept. 23, 1998; 64 FR 20214, Apr. 26, 1999]

    Editorial Note: For a correction to Sec. 679.21 paragraph (d)(3), 
see document published at 64 FR 66587, Nov. 29, 1999.

    Effective Date Note: At 64 FR 3437, Jan. 22, 1999, Sec. 679.21 was 
amended by adding paragraphs (e)(3)(v) and (e)(7)(ix), effective Jan. 
20, 1999, through July 19, 1999. At 64 FR 33425, June 23, 1999, the 
effective date was extended from July 19, 1999, through Dec. 31, 1999. 
For the convenience of the user, the added text is set forth as follows:



Sec. 679.21  Prohibited species bycatch management.

                                * * * * *

    (e) * * *
    (3) * * *
    (v) American Fisheries Act prohibited species catch limitations 
(applicable through July 19, 1999). The aggregate amounts of any crab, 
halibut or herring trawl PSC limit caught by the catcher/processors 
identified under section 208(e)(1) through (20) of the American 
Fisheries Act and counted against the bycatch allowances specified for 
the fishery categories defined under paragraphs (e)(3)(iv)(B) through 
(E) of this section shall be limited to the amounts established under 
section 211(b)(2)(B) of that Act and published in the Federal Register 
under paragraph (e)(6) of this section.

                                * * * * *

    (7) * * *
    (ix) Closures under the American Fisheries Act prohibited species 
catch limitations (applicable through July 19, 1999). When the Regional 
Administrator determines that the catcher/processors identified under 
section 208(e)(1) through (20) of the American Fisheries Act have caught 
the amount of any crab, halibut, or herring prohibited species catch 
limitation specified under paragraph (e)(3)(v) of this section, directed 
fishing for groundfish by those vessels will be prohibited in the 
applicable area defined under this paragraph (e)(7), except for pollock 
with pelagic trawl gear.

                                * * * * *



Sec. 679.22  Closures.

    (a) BSAI--(1) Zone 1 (512) closure to trawl gear. No fishing with 
trawl gear is allowed at any time in reporting Area 512 of Zone 1 in the 
Bering Sea subarea.
    (2) Zone 1 (516) closure to trawl gear. No fishing with trawl gear 
is allowed at any time in reporting Area 516 of Zone 1 in the Bering Sea 
Subarea during the period March 15 through June 15.
    (3) Red King Crab Savings Area (RKCSA). Directed fishing for 
groundfish by vessels using trawl gear other than pelagic trawl gear is 
prohibited at all times, except as provided at Sec. 679.21(e)(4)(ii)(B), 
in that part of the Bering Sea subarea defined as RKCSA in Figure 11 to 
this part.
    (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). The CVOA is defined as 
that part of the BSAI that is south of 56 deg.00' N. lat. and between 
163 deg.00' W. long. and 167 deg.30' W. long. (Figure 2 to part 679).
    (i) Effective time period. The CVOA is established annually during 
the B season, defined at Sec. 679.23(e)(2)(I)(B), from September 1 until 
the date that NMFS closes the B season allocation for the inshore 
component in the BSAI to directed fishing.
    (ii) Offshore component in the BSAI restrictions. A catcher/
processor vessel in the offshore component is prohibited from conducting 
directed fishing for pollock in the CVOA unless it is operating under a 
CDP approved by NMFS.

[[Page 557]]

    (iii) Fisheries other than pollock. A vessel that harvests or 
processes groundfish in directed fisheries for species other than 
pollock may operate within the CVOA consistent with the other provisions 
of this part.
    (6) Pribilof Island Area Habitat Conservation Zone. Trawling is 
prohibited at all times in the area defined in Figure 10 to this part as 
the Pribilof Island Area Habitat Conservation Zone.
    (7) Steller sea lion protection areas, Bering Sea Subarea and 
Bogoslof District--(i) Year-round closures. Trawling is prohibited 
within 10 nm 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 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) 
10-nm closures. Trawling is prohibited within 10 nm of each of the 17 
Steller sea lion rookeries shown in Table 5a of this part.
    (ii) 20-nm closures. Trawling is prohibited within 20 nm of each of 
the two Steller sea lion rookeries shown in Table 5b of this part.
    (iii) Western and Central Aleutian Islands critical habitat 
closures--(A) General. Trawling is prohibited within areas designated as 
Steller sea lion critical habitat in the Western or Central Districts of 
the AI (see Table 1, Table 2, and Figure 4 to part 226 of this title) 
when the Regional Administrator announces by notification in the Federal 
Register that the criteria for a trawl closure in a district set out in 
paragraph (a)(8)(iii)(B) of this section have been met.
    (B) Criteria for closure. The trawl closures identified in paragraph 
(a)(8)(iii)(A) of this section will take effect when the Regional 
Administrator determines that the harvest of a seasonal allowance of 
Atka mackerel specified under Sec. 679.20(a)(8)(ii)(A) reaches the 
following percentage identified for each year and district:

------------------------------------------------------------------------
                                                     Western    Central
                       Year                           (543)      (542)
                                                    (percent)  (percent)
------------------------------------------------------------------------
1999..............................................         65         80
2000..............................................         57         67
2001..............................................         48         46
2002 and after....................................         40         40
------------------------------------------------------------------------

    (C) Duration of closure. A Steller sea lion critical habitat area 
trawl closure within a district will remain in effect until NMFS closes 
Atka mackerel to directed fishing within the same district.
    (D) CDQ fishing. Harvesting groundfish CDQ with trawl gear is 
prohibited within areas designated as Steller sea lion critical habitat 
in the Western and/or Central Districts of the AI (see Table 1, Table 2, 
and Figure 4 to part 226 of this title) for an eligible vessel listed on 
an approved CDP after the CDQ group has harvested the percent of the 
annual Atka mackerel CDQ specified for the year and district at 
paragraph (a)(8)(iii)(B) of this section.
    (9) Nearshore Bristol Bay Trawl Closure. Directed fishing for 
groundfish by vessels using trawl gear in Bristol Bay, as described in 
the current edition of NOAA chart 16006, is closed at all times in the 
area east of 162 deg.00' W. long., except that the Nearshore Bristol Bay 
Trawl Area defined in Figure 12 to this part is open to trawling from 
1200 hours A.l.t., April 1 to 1200 hours A.l.t., June 15 of each year.
    (10) Chum Salmon Savings Area. Trawling is prohibited from August 1 
through August 31 in the Chum Salmon Savings area defined at 
Sec. 679.21(e)(7)(vi)(B).
    (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.

[[Page 558]]

    (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(d), 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) and 
Sec. 679.20(i).
    (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.
    (g) [Reserved]
    (h) CDQ Fisheries. See Sec. 679.7(d)(6) through (10) for time and 
area closures that apply to the CDQ fisheries once salmon and crab PSQ 
amounts have been reached.
    (i) Forage fish closures. See Sec. 679.20(i)(3).

[61 FR 31230, June 19, 1996, as amended at 61 FR 65988, Dec. 16, 1996; 
62 FR 2046, Jan. 15, 1997; 63 FR 13011, Mar. 17, 1998; 63 FR 30401, June 
4, 1998; 63 FR 38502, July 17, 1998; 63 FR 47367, Sept. 4, 1998; 64 FR 
3451, Jan. 22, 1999; 64 FR 3658, Jan. 25, 1999]

    Effective Date Note: At 64 FR 3443, Jan. 22, 1999, Sec. 679.22 was 
amended by suspending paragraph (a)(7) and (b)(2) and by adding 
paragraphs (a)(8)(iv), (a)(11), and (b)(3), effective Jan. 20, 1999, 
through July 19, 1999. At 64 FR 7815, Feb. 17, 1999, paragraphs 
(a)(11)(iv)(A), (a)(11)(iv)(C)(1), (a)(11)(iv)(C)(2), and (b)(3)(iii), 
were corrected, effective Feb. 16, 1999. At 64 FR 9375, Feb. 25, 1999, 
table 3 in paragraph (C)(1) was corrected, effective Jan. 20, 1999 
through July 19, 1999. At 64 FR 39087, July 21, 1999, the table in 
paragraph (a)(11)(iv)(C)(1), was revised and the effective date was 
extended from July 19, 1999, through Dec. 31, 1999. At 64 FR 43297, Aug. 
10, 1999, paragraph (a)(11)(iv)(C)(2) was corrected effective Aug. 10, 
1999. For the convenience of the user the added text is set forth as 
follows:



Sec. 679.22  Closures.

    (a) * * *
    (8) Pollock closure (applicable through July 19, 1999). Directed 
fishing for pollock is prohibited at all times within the Aleutian 
Islands subarea.

                                * * * * *

    (11) Steller sea lion protection areas, Bering Sea Subarea and 
Bogoslof District (applicable through July 19, 1999)--(i) Year-round 
trawl closures. Trawling is prohibited within 10 nm of each of the eight 
Steller sea lion rookeries shown in Table 12 to this part.
    (ii) Seasonal trawl 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 of each of the four Steller sea lion rookeries 
shown in Table 12 to this part.
    (iii) Pollock closures (applicable through July 19, 1999). Directed 
fishing for pollock is prohibited within 10 or 20 nm of each of the 25 
Steller sea lion haulout and rookery sites shown in Table 12 to this 
part. The radius in nm and time period that each closure is in effect 
are shown in Table 12 to this part.
    (iv) Critical Habitat/Catcher Vessel Operational Area (CH/CVOA) 
conservation zone (applicable through July 19, 1999)--(A) General. 
Directed fishing for pollock by vessels catching pollock for processing 
either by the inshore, offshore catcher processor, or mothership 
component is prohibited within the CH/CVOA conservation zone for the 
duration of a fishing season when the Regional Administrator announces 
by notification in the Federal Register that the criteria set out in 
paragraph (a)(11)(iv)(C) of this section have been met by that industry 
component.
    (B) Boundaries. The CH/CVOA conservation zone consists of the area 
of the Bering Sea Subarea between 170 deg.00' W long. and 163 deg.00' W 
long., south of straight lines connecting the following points in the 
order listed:

55 deg.00' N lat. 170 deg.00' W long.;
55 deg.00' N lat. 168 deg.00' W long.;
55 deg.30' N lat. 168 deg.00' W long.;
55 deg.30' N lat. 166 deg.00' W long.;
56 deg.00' N lat. 166 deg.00' W long.; and,
56 deg.00' N lat. 163 deg.00' W long.

    (C) Criteria for closure--(1) General. The directed fishing closures 
identified in paragraph (a)(11)(iv)(A) of this section will take effect 
when the Regional Administrator determines that the harvest of a 
seasonal allowance of pollock reaches a percentage specified in the 
following table:

[[Page 559]]



----------------------------------------------------------------------------------------------------------------
                                                                       Industry Sector (in percent)
                                                         -------------------------------------------------------
                     Fishing Season                                       Catcher/
                                                             Inshore      processor    Mothership        CDQ
----------------------------------------------------------------------------------------------------------------
A1 Season...............................................            70            40            50           100
A2 Season...............................................            70            40            50           100
B Season................................................            45             0             0            56
C Season................................................            63             0             0            56
----------------------------------------------------------------------------------------------------------------

    (2) Inshore catcher vessels greater than 99 ft (30.2 m) LOA. The 
Regional Administrator will close directed fishing to inshore catcher 
vessels greater than 99 ft (30.2 m) LOA prior to reaching the inshore 
CH/CVOA limit to accommodate fishing by vessels less than or equal to 99 
ft (30.2 m) LOA inside the CH/CVOA conservation zone for the duration of 
the inshore seasonal opening. During the A1 and A2 and C seasons, the 
Regional Administrator will estimate how much of the inshore A1 and A2 
and C seasonal allowance is likely to be harvested by catcher vessels 
less than or equal to 99 ft (30.2 m) LOA and reserve a sufficient amount 
of the inshore CH/CVOA allowance to accommodate fishing by such vessels 
after the closure of the CH/CVOA conservation zone to vessels greater 
than 99 ft (30.2 m) LOA. The CH/CVOA conservation zone will be closed to 
directed fishing for all inshore catcher vessels when the inshore limit 
specified in paragraph (a)(11)(iv)(C)(1) of this section has been met.
    (b) * * *
    (3) Steller sea lion protection areas--(applicable through July 19, 
1999)--(i) Year-round trawl closures. Trawling is prohibited in the GOA 
within 10 nm of the nine Steller sea lion rookeries shown in Table 13 to 
this part.
    (ii) Pollock closures (applicable through July 19, 1999). Directed 
fishing for pollock is prohibited within 10 nm of each of the 45 Steller 
sea lion haulout and rookery sites shown in Table 13 to this part. The 
radius in nm and time period that each closure is in effect are shown in 
Table 13 to this part.
    (iii) Shelikof Strait conservation zone (applicable through July 19, 
1999)--(A) General. Directed fishing for pollock is prohibited within 
the Shelikof Strait conservation zone during the A season defined at 
Sec. 679.23(d)(3) when the Regional Administrator announces through 
notification in the Federal Register that the A season catch of pollock 
from within the Shelikof Strait conservation zone reaches the amount 
determined by paragraph (b)(3)(iii)(C) of this section.
    (B) Boundaries. The Shelikof Strait conservation zone consists of 
the area bound by straight lines and shoreline connecting the following 
coordinates in the following order:

58 deg.51' N lat. 153 deg.15' W long.
58 deg.51' N lat. 152 deg.00' W long.


and the intersection of 152 deg.00' W long. with Afognak Island; aligned 
counterclockwise around the shoreline of Afognak, Kodiak, and Raspberry 
Islands to

57 deg.00' N lat. 154 deg.00' W long.
56 deg.30' N lat. 154 deg.00' W long.
56 deg.30' N lat. 155 deg.00' W long.
56 deg.00' N lat. 155 deg.00' W long.
56 deg.00' N lat. 157 deg.00' W long.


and the intersection of 157 deg.00' W long. with the Alaska Peninsula.
    (C) Determination of catch limit. The pollock catch limit for the 
Shelikof Strait conservation zone will be published in the annual 
specifications under Sec. 679.20(c) and is determined by calculating a 
ratio equal to the most recent estimate of pollock biomass in Shelikof 
Strait divided by the most recent estimate of total pollock biomass in 
the GOA. NMFS will then multiply by the overall pollock TAC for the GOA 
and further multiplied by the A season apportionment of 30 percent.

                                * * * * *



Sec. 679.23  Seasons.

    (a) Groundfish, 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.

[[Page 560]]

    (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 groundfish seasons--(1) Directed fishing for trawl rockfish. 
Directed fishing for rockfish 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 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 groundfish 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 
only during the following two seasons:
    (A) A season. From 0001 hours A.l.t. January 1 through 1200 hours 
A.l.t. April 15.
    (B) B season. From 1200 hours A.l.t. September 1 through 1200 hours 
A.l.t. November 1.
    (ii) Offshore component in the BSAI restrictions (applicable through 
December 31, 2004)--(A) Offshore A season. Subject to other provisions 
of this part, directed fishing by the offshore component in the BSAI, or 
by vessels catching pollock for processing by the offshore component in 
the BSAI, is authorized from 1200 hours A.l.t. January 26 through 1200 
A.l.t. April 15.
    (B) Offshore A season ``fair start'' requirement. Directed fishing 
for pollock by the offshore component in the BSAI, or by vessels 
catching pollock for processing by the offshore component in the BSAI, 
is prohibited through 1200 hours A.l.t., February 5, for any vessel that 
is used to fish in a non-CDQ fishery for groundfish in the BSAI or GOA, 
or for king or Tanner crab in the BSAI prior to 1200 hours, A.l.t., 
January 26 of the same year.
    (iii) B season ``fair start'' requirement. Directed fishing for 
pollock is prohibited from 1200 hours, A.l.t., September 1, through 1200 
hours, A.l.t., September 8, for any vessel that is used to fish for 
groundfish with trawl gear in a non-CDQ fishery in the BSAI or GOA 
between 1200 hours, A.l.t., August 25, and 1200 hours, A.l.t., September 
1.
    (3) Directed fishing for Atka mackerel with trawl gear. Subject to 
other provisions of this part, directed fishing for Atka mackerel with 
trawl gear in the Aleutian Islands Subarea is authorized only during the 
following two seasons:
    (i) A season. From 0001 hours, A.l.t., January 1, through 1200 
hours, A.l.t., April 15;
    (ii) B season. From 1200 hours, A.l.t., September 1, through 1200 
hours, A.l.t., November 1.
    (4) CDQ fishing seasons. (i) Halibut CDQ. 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) Sablefish CDQ. Fishing for CDQ sablefish with fixed gear under 
an approved CDQ allocation may begin on the effective date of the 
allocation, except that it may occur only during the IFQ fishing season 
specified in paragraph (g)(1) of this section.
    (iii) Groundfish CDQ. Fishing for groundfish CDQ species, other than 
fixed gear sablefish CDQ under subpart C of this part, is authorized 
from 0001

[[Page 561]]

hours, A.l.t., January 1, through the end of each fishing year, except 
as provided in paragraph (c) 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 Administrator and announced 
by publication in the Federal Register. The Regional Administrator will 
take into account the opening date of the halibut season when 
determining 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 as defined at Sec. 679.21(b).
    (h) Stand down requirements for trawl catcher vessels transiting 
between the BSAI and GOA.

------------------------------------------------------------------------
                                     You are
    If you own or operate a      prohibited from
  catcher vessel and fish for      subsequently          Until* * *
 groundfish with trawl gear in   deploying trawl
           the* * *              gear in the* * *
------------------------------------------------------------------------
(1) BSAI while pollock or       Western and        1200 hours A.l.t. on
 Pacific cod is open to          Central            the third day after
 directed fishing in the BSAI.   Regulatory Areas   the date of landing
                                 of the GOA.        or transfer of all
                                                    groundfish on board
                                                    the vessel harvested
                                                    in the BSAI, unless
                                                    you are engaged in
                                                    directed fishing for
                                                    Pacific cod in the
                                                    GOA for processing
                                                    by the offshore
                                                    component.
(2) Western Regulatory Area of  BSAI.............  1200 hours A.l.t. on
 the GOA while pollock or                           the third day after
 inshore Pacific cod is open                        the date of landing
 to directed fishing in the                         or transfer of all
 Western Regulatory Area of                         groundfish on board
 the GOA.                                           the vessel harvested
                                                    in the Western
                                                    Regulatory Area of
                                                    the GOA, unless you
                                                    are participating in
                                                    a CDQ fishery.
(3) Central Regulatory Area of  BSAI.............  1200 hours A.l.t. on
 the GOA while pollock or                           the second day after
 inshore Pacific cod is open                        the date of landing
 to directed fishing in the                         or transfer of all
 Central Regulatory Area of                         groundfish on board
 the GOA.                                           the vessel harvested
                                                    in the Central
                                                    Regulatory Area of
                                                    the GOA, unless you
                                                    are participating in
                                                    a CDQ fishery.
------------------------------------------------------------------------


[61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 
FR 39602, July 30, 1996; 62 FR 2046, Jan. 15, 1997; 63 FR 11168, Mar. 6, 
1998; 63 FR 30401, June 4, 1998; 63 FR 47368, Sept. 4, 1998; 63 FR 
48642, Sept. 11, 1998; 64 FR 3452, Jan. 22, 1999; 64 FR 3658, Jan. 25, 
1999; 64 FR 20214, Apr. 26, 1999]

    Effective Date Note: At 64 FR 3444, Jan. 22, 1999, Sec. 679.23 was 
amended by suspending paragraphs (d)(2) and (e)(2) and by adding 
paragraphs (d)(3) and (e)(4), effective Jan. 20, 1999, through July 19, 
1999. At 64 FR 7815, Feb 17, 1999, paragraph (e)(4) was redesignated as 
(e)(5), effective Feb. 16, 1999. At 64 FR 39087, 39089, July 21, 1999, 
paragraph (e)(5)(ii)(B) was revised and paragraph (e)(5)(ii)(C) was 
removed, and the effective date was extended from July 19, 1999, through 
Dec. 31, 1999. For the convenience of the user the added text is set 
forth as follows:



Sec. 679.23  Seasons.

                                * * * * *

    (d) * * *
    (3) Directed fishing for pollock (applicable through July 19, 1999). 
Subject to other provisions of this part, directed fishing for pollock 
in the Western and Central Regulatory Areas is authorized only during 
the following four seasons:
    (i) A season. From 1200 hours, A.l.t., January 20, through 1200 
hours, A.l.t., April 1;

[[Page 562]]

    (ii) B season. From 1200 hours, A.l.t., June 1, through 1200 hours, 
A.l.t., July 1;
    (iii) C season. From 1200 hours, A.l.t., September 1, within a 
statistical area until the date of closure of the statistical area to 
directed fishing, or 1200 hours, A.l.t., October 1, whichever comes 
first.
    (iv) D season. From 1200 hours, A.l.t., 5 days after the closure of 
the C season in a statistical area until 1200 hours, A.l.t., November 1.
    (e) * * *
    (5) Directed fishing for pollock in the Bering Sea Subarea 
(applicable through July 19, 1999)--(i) Inshore and offshore catcher/
processor components. Subject to other provisions of this part, directed 
fishing for pollock by vessels catching pollock for processing by the 
inshore component and by the offshore catcher processor component in the 
Bering Sea Subarea is authorized only during the following four seasons:
    (A) A1 season. From 1200 hours, A.l.t., January 20, through 1200 
hours, A.l.t., February 15;
    (B) A2 season. From 1200 hours, A.l.t., February 20, through 1200 
hours, A.l.t., April 15;
    (C) B season. From 1200 hours, A.l.t., August 1, through 1200 hours, 
A.l.t., September 15; and,
    (D) C season. From 1200 hours, A.l.t., September 15, through 1200 
hours, A.l.t., November 1.
    (ii) Mothership component. Subject to other provisions of this part, 
directed fishing for pollock by vessels catching pollock for processing 
by the offshore mothership component in the Bering Sea Subarea is 
authorized only during the following three seasons:
    (A) A season. From 1200 hours, A.l.t., February 1, through 1200 
hours, A.l.t., April 15;
    (B) Combined B/C season. From 1200 hours, A.l.t., September 1, 
through 1200 hours, A.l.t., November 1.

                                * * * * *



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.

[[Page 563]]

    (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).
    (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.
    (e) Seabird avoidance gear and methods for hook-and-line vessels 
fishing for groundfish--(1) Applicability. The operator of a vessel that 
is required to obtain a Federal fisheries permit under Sec. 679.4(b)(1) 
must comply with the seabird avoidance measures in paragraphs (e)(2) and 
(e)(3) of this section while fishing for groundfish with hook-and-line 
gear in the BSAI, in the GOA, or in waters of the State of Alaska that 
are shoreward of the BSAI and the GOA.

[[Page 564]]

    (2) The operator of a vessel described in paragraph (e)(1) of this 
section must conduct fishing operations in the following manner:
    (i) Use hooks that when baited, sink as soon as they are put in the 
water.
    (ii) If offal is discharged while gear is being set or hauled, it 
must be discharged in a manner that distracts seabirds from baited 
hooks, to the extent practicable. The discharge site on board a vessel 
must be either aft of the hauling station or on the opposite side of the 
vessel from the hauling station.
    (iii) Make every reasonable effort to ensure that birds brought on 
board alive are released alive and that wherever possible, hooks are 
removed without jeopardizing the life of the birds.
    (3) For a vessel greater than or equal to 26 ft (7.9 m) LOA, the 
operator of that vessel described in paragraph (e)(1) of this section 
must employ one or more of the following seabird avoidance measures:
    (i) Tow a streamer line or lines during deployment of gear to 
prevent birds from taking hooks;
    (ii) Tow a buoy, board, stick or other device during deployment of 
gear, at a distance appropriate to prevent birds from taking hooks. 
Multiple devices may be employed;
    (iii) Deploy hooks underwater through a lining tube at a depth 
sufficient to prevent birds from settling on hooks during deployment of 
gear; or
    (iv) Deploy gear only during the hours specified below, using only 
the minimum vessel's lights necessary for safety.

Hours That Hook-and-Line Gear Can Be Deployed for Specified Longitudes According to Paragraph (e)(2)(iv) of This
                                                     Section
                                          [Hours are Alaska local time]
----------------------------------------------------------------------------------------------------------------
                                                                                     Longitude
                                                                 -----------------------------------------------
                         Calendar month                            Shoreward to     151 to 165      166 to 180
                                                                     150 deg.W         deg.W           deg.W
----------------------------------------------------------------------------------------------------------------
January.........................................................       1800-0700       1900-0800       2000-0900
February........................................................       1900-0600       2000-0700       2100-0800
March...........................................................       2000-0500       2100-0600       2200-0700
April...........................................................       2100-0400       2200-0500       2300-0600
May.............................................................       2200-0300       2300-0400       2400-0500
June............................................................           (\1\)           (\1\)           (\1\)
July............................................................           (\2\)           (\2\)           (\2\)
August..........................................................       2200-0400       2300-0500       2400-0600
September.......................................................       2000-0500       2100-0600       2200-0700
October.........................................................       1900-0600       2000-0700       2100-0800
November........................................................       1800-0700       1900-0800       2000-0900
December........................................................       1700-0700       1800-0800       1900-0900
----------------------------------------------------------------------------------------------------------------
\1\ This measure cannot be exercised during June.
\2\ This measure cannot be exercised during July.


[61 FR 31230, June 19, 1996, as amended at 61 FR 35579, July 5, 1996; 61 
FR 49077, Sept. 18, 1996; 62 FR 23183, Apr. 29, 1997; 63 FR 11167, Mar. 
6, 1998]



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

[[Page 565]]

    (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 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 Administrator 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 Administrator 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 Administrator 
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--

[[Page 566]]

    (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.
    (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 Administrator for a period of 15 days after the 
effective date of notification.
    (3) During any such 15-day period, the Regional Administrator 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  Prohibited Species Donation Program.

    (a) Authorized species. The PSD program applies only to the 
following species:
    (1) Salmon.
    (2) (Applicable through December 31, 2000) Halibut delivered by 
catcher vessels using trawl gear to shoreside processors.
    (b) Authorized distributors--(1) Application. An applicant seeking 
to become an authorized distributor must provide the Regional 
Administrator 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 fish 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 fish 
donated under this program will be distributed to hunger relief 
agencies, food bank networks, or food bank distributors and that the 
fish 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 PSD program.
    (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 fish received under the PSD 
program, including sufficient liability insurance to cover public 
interests relating to the quality of fish 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.

[[Page 567]]

    (xi) A list of all vessels and processors, food bank networks and 
food bank distributors participating in the PSD program. 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 from all persons who 
are listed under paragraph (b)(1)(xi) of this section and who would 
conduct activities pursuant to the PSD 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 PSD program.
    (xiii) A list of locations where fish must be delivered by 
participating vessels and processors.
    (xiv) A separate application must be submitted for each species 
listed under paragraph (a) of this section that the applicant seeks to 
distribute.
    (2) Selection. The Regional Administrator may select one or more 
tax-exempt organizations to be authorized distributors under the PSD 
program based on the information submitted by applicants under paragraph 
(b)(1) of this section. The number of authorized distributors selected 
by the Regional Administrator will be based on the following criteria:
    (i) The number and qualifications of applicants for PSD permits.
    (ii) The number of harvesters and the quantity of fish that 
applicants can effectively administer.
    (iii) The anticipated level of bycatch of prohibited species listed 
under paragraph (a) of this section.
    (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 Administrator will announce the selection of authorized 
distributor(s) in the Federal Register and will issue PSD permit(s).
    (ii) The Regional Administrator may impose additional terms and 
conditions on a PSD permit consistent with the objectives of the PSD 
program.
    (iii) A PSD 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) Effective period--(A) Salmon. A PSD permit for salmon remains 
in effect for a 3-year period after the selection notice is published in 
the Federal Register unless suspended or revoked. A PSD permit issued to 
an authorized distributor may be renewed following the application 
procedures in this section.
    (B) A PSD permit issued for halibut will expire December 31, 2000.
    (v) If the authorized distributor modifies any information on the 
PSD permit application submitted under paragraph (b)(1)(xi) or 
(b)(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 Administrator.
    (c) Reporting and recordkeeping requirements. (1) A vessel or 
processor retaining prohibited species under the PSD program must comply 
with all applicable recordkeeping and reporting requirements. A vessel 
or processor participating in the PSD program must comply with 
applicable regulations at Secs. 679.7(c)(1) and 679.21(c) that allow for 
the collection of data and biological sampling by a NMFS-certified 
observer prior to processing any fish under the PSD program.
    (2) Prohibited species retained under the PSD program 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 
fish contained in the package, and the words, ``NMFS PROHIBITED SPECIES 
DONATION PROGRAM - NOT FOR SALE - PERISHABLE PRODUCT - KEEP FROZEN''.
    (3) A processor retaining or receiving fish under the PSD program 
and an authorized distributor must keep on file

[[Page 568]]

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 prohibited species bycatch. Such 
documentation must be retained until 1 year after the effective period 
of the PSD permit.
    (d) Processing, handling, and distribution. (1) Processing and 
reprocessing of all fish retained under the PSD Program must be carried 
out under the direction of the authorized distributor. A processor 
retaining or receiving fish under the PSD Program, at a minimum, must 
head, gut, and freeze the fish in a manner that makes it fit for human 
consumption.
    (2) Fish that are determined to be unfit for human consumption prior 
to delivery to an authorized distributor must be discarded under 
Sec. 679.21(b). Fish 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 prohibited species only 
for the purpose of processing and delivering the prohibited species to 
hunger relief agencies, food networks or food distributors as provided 
by this section. Such persons may not consume or retain prohibited 
species for personal use and may not sell, trade or barter, or attempt 
to sell, trade or barter any prohibited species that is retained under 
the PSD program.
    (4) No prohibited species that has been sorted from a vessel's catch 
or landing 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 
Administrator under paragraph (b)(1)(xi), (b)(1)(xiii) or (b)(3)(v) of 
this section.

[61 FR 38359, July 24, 1996, as amended at 63 FR 32145, 32146, June 12, 
1998]



Sec. 679.27  Improved Retention/Improved Utilization Program.

    (a) Applicability. The owner or operator of a vessel that is 
required to obtain a Federal fisheries or processor permit under 
Sec. 679.4 must comply with the IR/IU program set out in this section 
while fishing for groundfish in the GOA or BSAI, fishing for groundfish 
in waters of the State of Alaska that are shoreward of the GOA or BSAI, 
or when processing groundfish harvested in the GOA or BSAI.
    (b) IR/IU species. The following species are defined as ``IR/IU 
species'' for the purposes of this section:
    (1) Pollock.
    (2) Pacific cod.
    (3) Rock sole in the BSAI (beginning January 1, 2003).
    (4) Yellowfin sole in the BSAI (beginning January 1, 2003).
    (5) Shallow-water flatfish species complex in the GOA as defined in 
the annual harvest specifications for the GOA (beginning January 1, 
2003).
    (c) Minimum retention requirements--(1) Definition of retain on 
board. Notwithstanding the definition at 50 CFR 600.10, for the purpose 
of this section, to retain on board means to be in possession of on 
board a vessel.
    (2) The following table displays minimum retention requirements by 
vessel category and directed fishing status:

------------------------------------------------------------------------
                                                      You must retain on
    If you own or operate a             And           board until lawful
                                                           transfer
------------------------------------------------------------------------
(i) Catcher vessel............  (A) Directed         all fish of that
                                 fishing for an IR/   species brought on
                                 IU species is open.  board the vessel.
                                (B) Directed         all fish of that
                                 fishing for an IR/   species brought on
                                 IU species is        board the vessel
                                 prohibited.          up to the MRB
                                                      amount for that
                                                      species.
                                (C) Retention of an  no fish of that
                                 IR/IU species is     species.
                                 prohibited.
(ii) Catcher/ processor.......  (A) Directed         a primary product
                                 fishing for an IR/   from all fish of
                                 IU species is open.  that species
                                                      brought on board
                                                      the vessel.
                                (B) Directed         a primary product
                                 fishing for an IR/   from all fish of
                                 IU species is        that species
                                 prohibited.          brought on board
                                                      the vessel up to
                                                      the point that the
                                                      round-weight
                                                      equivalent of
                                                      primary products
                                                      on board equals
                                                      the MRB amount for
                                                      that species.
                                (C) Retention of an  no fish or product
                                 IR/IU species is     of that species.
                                 prohibited.

[[Page 569]]

 
(iii) Mothership..............  (A) Directed         a primary product
                                 fishing for an IR/   from all fish of
                                 IU species is open.  that species
                                                      brought on board
                                                      the vessel.
                                (B) Directed         a primary product
                                 fishing for an IR/   from all fish of
                                 IU species is        that species
                                 prohibited.          brought on board
                                                      the vessel up to
                                                      the point that the
                                                      round-weight
                                                      equivalent of
                                                      primary products
                                                      on board equals
                                                      the MRB amount for
                                                      that species.
                                (C) Retention of an  no fish or product
                                 IR/IU species is     of that species.
                                 prohibited.
------------------------------------------------------------------------

    (d) Bleeding codends and shaking longline gear. Any action intended 
to discard or release an IR/IU species prior to being brought on board 
the vessel is prohibited. This includes, but is not limited to bleeding 
codends and shaking or otherwise removing fish from longline gear.
    (e) At-sea discard of product. Any product from an IR/IU species may 
not be discarded at sea, unless such discarding is necessary to meet 
other requirements of this part.
    (f) Discard of fish or product transferred from other vessels. The 
retention requirements of this section apply to all IR/IU species 
brought on board a vessel, whether harvested by that vessel or 
transferred from another vessel. At-sea discard of IR/IU species or 
products that were transferred from another vessel is prohibited.
    (g) IR/IU species as bait. IR/IU species may be used as bait 
provided that the deployed bait is physically secured to authorized 
fishing gear. Dumping of unsecured IR/IU species as bait (chumming) is 
prohibited.
    (h) Previously caught fish. The retention and utilization 
requirements of this section do not apply to incidental catch of dead or 
decomposing fish or fish parts that were previously caught and discarded 
at sea.
    (i) Minimum utilization requirements. If you own or operate a 
catcher/processor or mothership, the minimum utilization requirement for 
an IR/IU species harvested in the BSAI is determined by the directed 
fishing status for that species according to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                              then your total weight of retained
                                                                               or lawfully transferred products
                                  If * * *                                   produced from your catch or receipt
                                                                                of that IR/IU species during a
                                                                                   fishing trip must * * *
----------------------------------------------------------------------------------------------------------------
(1) directed fishing for an IR/IU species is open,                           equal or exceed 15 percent of the
                                                                              round-weight catch or round-weight
                                                                              delivery of that species during
                                                                              the fishing trip.
(2) directed fishing for an IR/IU species is prohibited,                     equal or exceed 15 percent of the
                                                                              round-weight catch or round-weight
                                                                              delivery of that species during
                                                                              the fishing trip or 15 percent of
                                                                              the MRB amount for that species,
                                                                              whichever is lower.
(3) retention of an IR/IU species is prohibited,                             equal zero.
----------------------------------------------------------------------------------------------------------------

[62 FR 63890, Dec. 3, 1997, as amended at 62 FR 65381, Dec. 12, 1997]



Sec. 679.28  Equipment and operational requirements for catch weight measurement.

    (a) Applicability. This section contains the requirements for 
scales, observer sampling stations, and bins for volumetric estimates 
approved by NMFS and requirements for scales approved by the State of 
Alaska. This section does not require any vessel or processor to provide 
this equipment. Such requirements appear elsewhere in this part.
    (b) Scales used to weigh catch at sea. In order to be approved by 
NMFS a scale used to weigh catch at sea must meet the type evaluation 
requirements set forth in paragraph (b)(1) of this section and the 
initial inspection and annual reinspection requirements set forth in 
paragraph (b)(2) of this section. Once a scale is installed on a vessel 
and approved by NMFS for use to weigh catch at sea, it must be 
reinspected annually and must be tested daily and meet the

[[Page 570]]

maximum permissible error (MPE) requirements described in paragraph 
(b)(3) of this section.
    (1) List of scales eligible for approval. The model of scale must be 
included on the Regional Administrator's list of scales eligible to be 
approved for weighing catch at sea before an inspector will schedule or 
conduct a scale inspection under paragraph (b)(2) of this section. A 
scale will be included on the list when the Regional Administrator 
receives the information specified in paragraphs (b)(1)(i) through (iv) 
of this section. This information identifies and describes the scale, 
sets forth contact information regarding the manufacturer, and sets 
forth the results of required type evaluations and testing. Type 
evaluation and testing must be conducted by a laboratory accredited by 
the government of the country in which the tests are conducted.
    (i) Information about the scale. (A) Name of scale manufacturer.
    (B) Name of manufacturer's representative.
    (C) Mailing address of scale manufacturer and manufacturer's 
representative.
    (D) Telephone and fax number of manufacturer's representative.
    (E) Model and serial number of the scale tested.
    (F) A written description of the scale and diagrams explaining how 
the scale operates and how it compensates for motion.
    (G) A list of the model numbers of all scales for which type 
evaluation results are applicable, identifying the differences between 
the model evaluated in the laboratory and other models listed. The 
scales may differ only in the elements of the scale that perform motion 
compensation, the size or capacity of the scale, and the software used 
by the scale.
    (H) A list of types of scale adjustments that will be recorded on 
the audit trail, including the name of the adjustment as it will appear 
on the audit trail, and a written description of the adjustment.
    (ii) Information about the laboratory. (A) Name of laboratory.
    (B) Mailing address of laboratory.
    (C) Telephone and fax number of laboratory's representative.
    (D) Name and address of government agency accrediting the 
laboratory.
    (E) Name and signature of person responsible for evaluation of the 
scale and the date of signature.
    (iii) Checklist. A completed checklist indicating that all 
applicable technical and performance standards in appendix A to this 
part and the laboratory tests in the annex to appendix A to this part 
have been met.
    (iv) Verification of test results. Verification that a scale meets 
the laboratory evaluation and testing requirements in appendix A of this 
part and each of the influence quantity and disturbance tests as 
specified in the annex to appendix A to this part:
    (A) Test results and data on forms supplied by NMFS;
    (B) National Type Evaluation Program (NTEP) Certificates of 
Conformance, test results and data for a component of a scale or for the 
entire device. NTEP Certificates of Conformance, test results, and data 
may be submitted only in lieu of the specific influence factor tests 
conducted to obtain the NTEP Certificates of Conformance. Additional 
information must be submitted to verify compliance with the laboratory 
tests that are not performed under the NTEP; and/or
    (C) International Organization of Legal Metrology (OIML) 
Certificates of Conformance, test results and data.
    (2) Inspection of at-sea scales--(i) What is an inspection? An 
inspection is a visual assessment and test of a scale after it is 
installed on the vessel and while the vessel is tied up at a dock and 
not under power at sea to determine if the scale meets all of the 
applicable performance and technical requirements in paragraph (b)(2) of 
this section and in appendix A to this part. A scale will be approved by 
the inspector if it meets all of the applicable performance and 
technical requirements in paragraph (b)(2) of this section and appendix 
A to this part.
    (ii) How often must a scale be inspected? Each scale must be 
inspected and approved before the vessel may participate in any fishery 
requiring the weighing of catch at sea with an approved scale. Each 
scale must be reinspected within 12 months of the date of the most 
recent inspection.

[[Page 571]]

    (iii) Who may perform scale inspections? Scales must be inspected by 
a scale inspector authorized by NMFS. A list of scale inspectors 
authorized by NMFS is available from the Regional Administrator upon 
request. NMFS authorizes two types of scale inspectors:
    (A) Inspectors from an agency designated by NMFS. Inspectors 
employed by a weights and measures agency designated by NMFS to perform 
scale inspections on behalf of NMFS. Scale inspections by such 
inspectors are paid for by NMFS.
    (B) Inspectors from other agencies. Inspectors employed by a U.S., 
state, or local weights and measures agency other than the weights and 
measures agency designated by NMFS and meeting the following 
requirements:
    (1) The inspector successfully completes training conducted by a 
scale inspector from the weights and measures agency designated by NMFS 
to perform scale inspections on behalf of NMFS. The training consists of 
observing a scale inspection conducted by a scale inspector designated 
by NMFS and conducting an inspection under the supervision of a scale 
inspector designated by NMFS. The inspector must obtain this training 
for each type of scale inspected.
    (2) The inspector notifies NMFS in writing that he/she meets the 
requirements of this paragraph (b)(2)(iii)(B) prior to conducting any 
inspections.
    (3) Inspectors from agencies other than the weights and measures 
agency designated by NMFS to perform scale inspections on behalf of NMFS 
must notify the Regional Administrator of the date, time, and location 
of the scale inspection at least 3 working days before the inspection is 
conducted so that NMFS staff may have the opportunity to observe the 
inspection.
    (iv) How does a vessel owner arrange for a scale inspection? The 
time and place of the inspection may be arranged by contacting the 
authorized scale inspectors. Vessel owners must request a scale 
inspection at least 10 working days in advance of the requested 
inspection by contacting an authorized scale inspector at the address 
indicated on the list of authorized inspectors.
    (v) Where will scale inspections be conducted? Scale inspections by 
inspectors paid by NMFS will be conducted on vessels tied up at docks in 
Dutch Harbor, Alaska, and in the Puget Sound area of Washington State.
    (vi) Responsibilities of the vessel owner during a scale inspection. 
After the vessel owner has installed a model of scale that is on the 
Regional Administrator's list of scales eligible to be approved for 
weighing catch at sea, the vessel owner must:
    (A) Make the vessel and scale available for inspection by a scale 
inspector authorized by the Regional Administrator.
    (B) Provide a copy of the scale manual supplied by the scale 
manufacturer to the inspector at the beginning of the inspection.
    (C) Transport test weights, test material, and equipment required to 
perform the test to and from the inspector's vehicle and the location on 
the vessel where the scale is installed.
    (D) Apply test weights to the scale or convey test materials across 
the scale, if requested by the scale inspector.
    (E) Assist the scale inspector in performing the scale inspection 
and testing.
    (vii) Scale inspection report. A scale is approved for use when the 
scale inspector completes and signs a scale inspection report form 
verifying that the scale meets all of the requirements specified in this 
paragraph (b)(2) and appendix A to this part. Inspectors must use the 
scale inspection report form supplied by the weights and measures agency 
designated by NMFS to perform scale inspections on behalf of NMFS. The 
scale inspector must provide the original of this inspection report form 
to the vessel owner and a copy to NMFS. NMFS will maintain a list of all 
scales for which the inspection report form has been received and that 
are approved for use. The vessel owner is not required to submit the 
scale inspection report form to NMFS. However, the vessel owner must 
maintain a copy of the report form on board the vessel at all times when 
the processor or vessel is required to use a scale approved under this 
section. The scale inspection report form must be made

[[Page 572]]

available to the observer, NMFS personnel or an authorized officer, upon 
request. When in use, scales for which a scale inspection form has been 
completed and signed must also meet requirements described in paragraphs 
(b)(3) through (b)(6) of this section.
    (3) At-sea scale tests. The vessel owner must ensure that the vessel 
operator tests each scale or scale system used to weigh total catch one 
time during each 24-hour period in which fish are weighed on the scale 
to verify that the scale meets the MPEs specified in this paragraph 
(b)(3).
    (i) Belt scales and automatic hopper scales. (A) The MPE in the 
daily at-sea scale tests is plus or minus 3 percent of the known weight 
of the test material.
    (B) Test procedure. A material test must be conducted by weighing at 
least 400 kg of fish or an alternative material supplied by the scale 
manufacturer on the scale under test. The known weight of the test 
material must be determined by weighing it on a platform scale approved 
for use under paragraph (b)(7) of this section.
    (ii) Platform and hanging scales--(A) Maximum Permissible Error. The 
MPE for platform and hanging scales is plus or minus 0.5 percent of the 
known weight of the test material.
    (B) Test weights. Each test weight must have its weight stamped on 
or otherwise permanently affixed to it. The weight of each test weight 
must be certified by a National Institute of Standards and Technology 
approved metrology laboratory. A copy of the laboratory certification 
documents must be maintained on board the vessel at all times while the 
scale is required. The amount of test weights that must be provided by 
the vessel owner is specified in paragraphs (b)(3)(ii)(B)(1) and 
(b)(3)(ii)(B)(2) of this section.
    (1) Platform scales used as observer sampling scales or to determine 
the known weight of test materials. Any combination of test weights that 
will allow the scale to be tested at 10 kg, 25 kg, and 50 kg.
    (2) Scales used to weigh total catch. Test weights equal to the 
largest amount of fish that will be weighed on the scale in one 
weighment.
    (iii) Requirements for all scale tests. (A) Notify the observer at 
least 15 minutes before the time that the test will be conducted, and 
conduct the test while the observer is present.
    (B) Conduct the scale test by placing the test material or test 
weights on or across the scale and recording the following information 
on the at-sea scale test report form:
    (1) Vessel name;
    (2) Month, day, and year of test;
    (3) Time test started to the nearest minute;
    (4) Known weight of test material or test weights;
    (5) Weight of test material or test weights recorded by scale;
    (6) Percent error as determined by subtracting the known weight of 
the test material or test weights from the weight recorded on the scale, 
dividing that amount by the known weight of the test material or test 
weights, and multiplying by 100; and
    (7) Sea conditions at the time of the scale test.
    (C) Maintain the test report form on board the vessel until the end 
of the fishing year during which the tests were conducted, and make the 
report forms available to observers, NMFS personnel, or an authorized 
officer. In addition, the scale test report forms must be retained by 
the vessel owner for 3 years after the end of the fishing year during 
which the tests were performed. All scale test report forms must be 
signed by the vessel operator.
    (4) Scale maintenance. The vessel owner must ensure that the vessel 
operator maintains the scale in proper operating condition throughout 
its use; that adjustments made to the scale are made so as to bring the 
performance errors as close as practicable to a zero value; and that no 
adjustment is made that will cause the scale to weigh fish inaccurately.
    (5) Printed reports from the scale. The vessel owner must ensure 
that the vessel operator provides the printed reports required by this 
paragraph. Printed reports from the scale must be maintained on board 
the vessel until the end of the year during which the reports were made 
and be made available to observers, NMFS personnel, or an authorized 
officer. In addition, printed reports must be retained by the vessel 
owner for 3 years after the end of

[[Page 573]]

the year during which the printouts were made. All printed reports from 
the scale must be signed by the vessel operator.
    (i) Reports of catch weight and cumulative weight. Reports must be 
printed at least once each 24-hour period in which the scale is being 
used to weigh catch or before any information stored in the scale 
computer memory is replaced. The haul or set number recorded on the 
scale print-out must correspond with haul or set numbers recorded in the 
processor's daily cumulative production logbook. Scale weights must not 
be adjusted by the scale operator to account for the perceived weight of 
water, mud, debris, or other materials. The information that must be 
printed is described in Sections 2.3.1.8, 3.3.1.7, and 4.3.1.5 of 
appendix A to this part.
    (ii) Printed report from the audit trail. The printed report must 
include the information specified in sections 2.3.1.8, 3.3.1.7, and 
4.3.1.8 of appendix A to this part. The printed report must be provided 
to the authorized scale inspector at each scale inspection and must also 
be printed at any time upon request of the observer, the scale 
inspector, NMFS staff, or an authorized officer.
    (6) Scale installation requirements. The observer must be able to 
see the product on the scale and the scale indications at the same time.
    (7) Platform scales used as observer sampling scales or to determine 
the known weight of test materials. Platform scales used only as 
observer sampling scales or to determine the known weight of fish for a 
material test of another scale are required to meet all of the 
requirements of paragraph (b) of this section and appendix A to this 
part except sections 4.3.1 and 4.3.1.5 of appendix A to this part 
(printer) or section 4.3.1.8 (audit trail) of appendix A to this part.
    (c) Scales approved by the State of Alaska. Scales used to weigh 
groundfish catch that are also required to be approved by the State of 
Alaska under Alaska Statutes 45.75 must meet the following requirements:
    (1) Verification of approval. The scale must display a valid State 
of Alaska sticker indicating that the scale was inspected and approved 
within the previous 12 months.
    (2) Visibility. The scale and scale display must be visible 
simultaneously to the observer. Observers, NMFS personnel, or an 
authorized officer must be allowed to observe the weighing of fish on 
the scale and be able to read the scale display at all times.
    (3) Printed scale weights. Printouts of the scale weight of each 
haul, set, or delivery must be made available to observers, NMFS 
personnel, or an authorized officer at the time printouts are generated 
and thereafter upon request for the duration of the fishing year. 
Printouts must be retained by the operator or manager as specified in 
Sec. 679.5(a)(15).
    (d) Observer sampling station--(1) Accessibility. All of the 
equipment required for an observer sampling station must be available to 
the observer at all times while a sampling station is required and the 
observer is aboard the vessel, except that the observer sampling scale 
may be used by vessel personnel to conduct material tests of the scale 
used to weigh total catch under paragraph (b)(3) of this section, as 
long as the use of the observer's sampling scale by others does not 
interfere with the observer's sampling duties.
    (2) Location--(i) Motherships and catcher/processors or catcher 
vessels using trawl gear. The observer sampling station must be located 
within 4 m of the location from which the observer samples unsorted 
catch. Clear, unobstructed passage must be provided between the observer 
sampling station and the location where the observer samples unsorted 
catch.
    (ii) Vessels using nontrawl gear. The observer sampling station must 
be located within 5 m of the location where fish are brought on board 
the vessel, unless any location within this distance is unsafe for the 
observer. Clear, unobstructed passage must be provided between the 
observer sampling station and the location where the observer samples 
unsorted catch. NMFS will approve an alternative location if the vessel 
owner submits a written proposal describing the alternative location, 
the reasons why a location within 5 m of where fish are brought on board 
the vessel is unsafe, and if the proposed observer sampling station 
meets all

[[Page 574]]

other applicable requirements of this section.
    (3) Minimum work space. The observer must have a working area at 
least 1.8 m wide by 2.5 m long, including the observer's sampling table, 
for sampling and storage of fish to be sampled. The observer must be 
able to stand upright in the area in front of the table and scale.
    (4) Table. The observer sampling station must include a table at 
least 0.6 m deep, 1.2 m wide and 0.9 m high and no more than 1.1 m high. 
The entire surface area of the table must be available for use by the 
observer. Any area used for the observer sampling scale is in addition 
to the minimum space requirements for the table. The observer's sampling 
table must be secured to the floor or wall.
    (5) Observer sampling scale. The observer sampling station must 
include an electronic motion-compensated platform scale with a capacity 
of at least 50 kg located within 1 m of the observer's sampling table. 
The scale must be approved by NMFS under paragraph (b) of this section 
and must meet the maximum permissible error requirement specified in 
paragraph (b)(3)(ii)(A) of this section when tested by the observer.
    (6) Other requirements. The sampling station must include floor 
grating, adequate lighting, and a hose that supplies fresh or sea water 
to the observer.
    (7) Requirements for sampling catch. On motherships and catcher/
processors using trawl gear, the conveyor belt conveying unsorted catch 
must have a removable board to allow fish to be diverted from the belt 
directly into the observer's sampling baskets. The diverter board must 
be located after the scale used to weigh total catch so that the 
observer can use this scale to weigh large samples.
    (8) Inspection of the observer sampling station. Each observer 
sampling station must be inspected and approved by NMFS prior to its use 
for the first time and then one time each year within 12 months of the 
date of the most recent inspection with the following exceptions. If the 
observer sampling station is moved or if the space or equipment 
available to the observer is reduced or removed, the observer sampling 
station inspection report issued under this section is no longer valid, 
and the observer sampling station must be reinspected and approved by 
NMFS. Inspection of the observer sampling station is in addition to 
inspection of the at-sea scales by an authorized scale inspector 
required at paragraph (b)(2) of this section.
    (i) How does a vessel owner arrange for an observer sampling station 
inspection? The time and place of the inspection may be arranged by 
submitting to NMFS a written request for an inspection. Inspections will 
be scheduled no later than 10 working days after NMFS receives a 
complete application for an inspection, including the following 
information:
    (A) Name and signature of the person submitting the application, and 
the date of the application.
    (B) Street address, business address, telephone number, and fax 
number of the person submitting the application.
    (C) Whether the vessel or processor has received an observer 
sampling scale inspection before and, if so, the date of the most recent 
inspection report.
    (D) Vessel name.
    (E) Federal fishery permit number.
    (F) Location of vessel where sampling station inspection is 
requested to occur, including street address and city.
    (G) For catcher/processors using trawl gear and motherships, a 
diagram drawn to scale showing the location(s) where all CDQ and PSQ 
will be weighed, the location where observers will sample unsorted 
catch, the location of the observer sampling station as described at 
paragraph (d) of this section, including the observer sampling scale, 
the name of the manufacturer, model of the scale to weigh total catch, 
and the observer sampling scale.
    (H) For all other vessels, a diagram drawn to scale showing the 
location(s) where catch comes on board the vessel, the location where 
observers will sample unsorted catch, the location of the observer 
sampling station, including the observer sampling scale, and the name of 
the manufacturer and model of the observer sampling scale.

[[Page 575]]

    (I) For all vessels, a copy of the most recent scale inspection 
report issued under paragraph (b)(2) of this section.
    (ii) Where will observer sampling station inspections be conducted? 
Inspections will be conducted on vessels tied up at docks in Dutch 
Harbor, Alaska, and in the Puget Sound area of Washington State.
    (iii) Observer sampling station inspection report. An observer 
sampling station inspection report, valid for 12 months from the date it 
is signed by NMFS, will be issued to the vessel owner if the observer 
sampling station meets the requirements in this paragraph (d). The 
vessel owner must maintain a current observer sampling station 
inspection report on board the vessel at all times when the vessel is 
required to provide an observer sampling station approved for use under 
this paragraph (d). The observer sampling station inspection report must 
be made available to the observer, NMFS personnel, or to an authorized 
officer upon request.
    (e) Certified bins for volumetric estimates of catch weight--
    (1) Certification. The information required in this paragraph (e) 
must be prepared, dated, and signed by a licensed engineer with no 
financial interest in fishing, fish processing, or fish tendering 
vessels. Complete bin certification documents must be submitted to the 
Regional Administrator prior to harvesting or receiving groundfish from 
a fishery in which certified bins are required and must be on board the 
vessel and available to the observer at all times.
    (2) Specifications--(i) Measurement and marking. The volume of each 
bin must be determined by accurate measurement of the internal 
dimensions of the bin. The internal walls of the bin must be permanently 
marked and numbered in 10-cm increments indicating the level of fish in 
the bin in cm. All marked increments and numerals must be readable from 
the outside of the bin through a viewing port or hatch at all times. 
Marked increments are not required on the wall in which the viewing port 
is located, unless such increments are necessary to determine the level 
of fish in the bin from another viewing port. Bins must be lighted in a 
manner that allows marked increments to be read from the outside of the 
bin by an observer or authorized officer. For bin certification 
documents dated after July 6, 1998, the numerals at the 10-cm increment 
marks must be at least 4 cm high.
    (ii) Viewing ports. Each bin must have a viewing port or ports from 
which the internal bin markings and numerals on all walls of the bin can 
be seen from the outside of the bin, except that bin markings and 
numerals are not required on the wall in which the viewing port is 
placed, if that wall cannot be seen from any other viewing port in the 
bin.
    (3) Information required. For bin certification documents submitted 
after July 6, 1998, the person certifying the bins must provide:
    (i) The vessel name;
    (ii) The date the engineer measured the bins and witnessed the 
location of the marked increments and numerals;
    (iii) A diagram, to scale, of each bin showing the location of the 
marked increments on each internal wall of the bin, the location, and 
dimensions of each viewing port or hatch, and any additional information 
needed to estimate the volume of fish in the bin;
    (iv) Tables indicating the volume of each certified bin in cubic 
meters for each 10-cm increment marked on the sides of the bins;
    (v) Instructions for determining the volume of fish in each bin from 
the marked increments and table; and
    (vi) The person's name and signature and the date on which the 
completed bin certification documents were signed.
    (4) Recertification. The bin's volume and the marked and numbered 
increments must be recertified if the bin is modified in a way that 
changes its size or shape or if marking strips or marked increments are 
moved or added.
    (5) Operational requirements--(i) Placement of catch in certified 
bins. All catch must be placed in a bin certified under this paragraph 
(e) to estimate total catch weight prior to sorting. Refrigerated 
seawater tanks may be used for volumetric estimates only if the tanks 
comply with all other requirements of this paragraph (e). No adjustments 
of

[[Page 576]]

volume will be made for the presence of water in the bin or tank.
    (ii) Prior notification. Vessel operators must notify observers 
prior to any removal of fish from or addition of fish to each bin used 
for volumetric measurements of catch so that an observer may make bin 
volume estimates prior to fish being removed from or added to the bin. 
Once a volumetric estimate has been made, 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 estimates of catch weight until an observer indicates that 
bin volume estimates have been completed and any samples of catch 
required by the observer have been taken.
    (iii) Fish from separate hauls or deliveries from separate 
harvesting vessels may not be mixed in any bin used for volumetric 
measurements of catch.
    (iv) The 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.

[63 FR 5843, Feb. 4, 1998, as amended at 63 FR 30401, June 4, 1998]

    Effective Date Note: At 63 FR 5836, Feb. 4, 1998, Sec. 679.28 was 
added, effective Mar. 6, 1998, except paragraph 679.28(b)(2)(iii)(B). 
This paragraph contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



      Subpart C--Western Alaska Community Development Quota Program



Sec. 679.30  General CDQ regulations.

    (a) Application procedure. The CDQ program is a voluntary program. 
Allocations of CDQ and PSQ are made to CDQ groups and not to vessels or 
processors fishing under contract with any CDQ group. Any vessel or 
processor harvesting or processing CDQ or PSQ under a CDP must comply 
with all other requirements of this part. In addition, the CDQ group is 
responsible to ensure that vessels and processors listed as eligible on 
the CDQ group's approved CDP comply with all requirements of this part 
while harvesting or processing CDQ species. Allocations of CDQ and PSQ 
are harvest privileges that expire upon the expiration of the CDP. When 
a CDP expires, further CDQ allocations are not implied or guaranteed, 
and a qualified applicant must re-apply for further allocations on a 
competitive basis with other qualified applicants. The CDQ allocations 
provide the means for CDQ groups to complete their CDQ projects. A 
qualified applicant may apply for CDQ and PSQ allocations by submitting 
a proposed CDP to the State during the CDQ application period that is 
announced by the State. A proposed CDP must include the following 
information:
    (1) Community development information. Community development 
information includes:
    (i) Project description. A detailed description of all proposed CDQ 
projects, including the short-and long-term benefits to the qualified 
applicant from the proposed CDQ projects. CDQ projects should not be 
designed with the expectation of CDQ allocations beyond those requested 
in the proposed CDP.
    (ii) Project schedule. A schedule for the completion of each CDQ 
project with measurable milestones for determining the progress of each 
CDQ project.
    (iii) Employment. The number of individuals to be employed through 
the CDP projects, and a description of the nature of the work and the 
career advancement potential for each type of work.
    (iv) Community eligibility. A list of the participating communities. 
Each participating community must be listed in Table 7 to this part or 
meet the criteria for an eligible community under Sec. 679.2.
    (v) Community support. A demonstration of each participating 
community's support for the qualified applicant and the managing 
organization through an official letter approved by the governing body 
of each such community.
    (2) Managing organization information. A proposed CDP must include 
the following information about the managing organization:
    (i) Structure and personnel. A description of the management 
structure and

[[Page 577]]

key personnel of the managing organization, such as resumes and 
references, including the name, address, fax number, and telephone 
number of the qualified applicant's CDQ representative.
    (ii) Management qualifications. A description of how the managing 
organization is qualified to carry out the CDP projects in the proposed 
CDP, and a demonstration that the managing organization has the 
management, technical expertise, and ability to manage CDQ allocations 
and prevent exceeding a CDQ or PSQ.
    (iii) Legal relationship. Documentation of the legal relationship 
between the qualified applicant and the managing organization (if the 
managing organization is different from the qualified applicant) clearly 
describing the responsibilities and obligations of each party as 
demonstrated through a contract or other legally binding agreement.
    (iv) Board of directors. The name, address, and telephone number of 
each member of the board of directors of the qualified applicant. If a 
qualified applicant represents more than one community, the board of 
directors of the qualified applicant must include at least one member 
from each of the communities represented.
    (3) Business information. A proposed CDP must include the following 
business information:
    (i) Business relationships. A description of all business 
relationships between the qualified applicant and all individuals who 
have a financial interest in a CDQ project or subsidiary venture, 
including, but not limited to, any arrangements for management and audit 
control and any joint venture arrangements, loans, or other partnership 
arrangements, including the distribution of proceeds among the parties.
    (ii) Profit sharing. A description of all profit sharing 
arrangements.
    (iii) Funding. A description of all funding and financing plans.
    (iv) General budget for implementing the CDP. A general account of 
estimated income and expenditures for each CDQ project for the total 
number of calendar years that the CDP is in effect.
    (v) Financial statement for the qualified applicant. The most recent 
audited income statement, balance sheet, cash flow statement, management 
letter, and agreed upon procedures report.
    (vi) Organizational chart. A visual representation of the qualified 
applicant's entire organizational structure, including all divisions, 
subsidiaries, joint ventures, and partnerships. This chart must include 
the type of legal entity for all divisions, subsidiaries, joint 
ventures, and partnerships; state of registration of the legal entity; 
and percentage owned by the qualified applicant.
    (4) Request for CDQ and PSQ allocations. A list of the percentage of 
each CDQ reserve and PSQ reserve, as described at Sec. 679.31 that is 
being requested. The request for allocations of CDQ and PSQ must 
identify percentage allocations requested for CDQ fisheries identified 
by the primary target species of the fishery as defined by the qualified 
applicant and the gear types of the vessels that will be used to harvest 
the catch.
    (5) Fishing plan for groundfish and halibut CDQ fisheries. The 
following information must be provided for all vessels that will be 
groundfish CDQ fishing, all vessels equal to or greater than 60 ft (18.3 
m) LOA that will be halibut CDQ fishing, and for all shoreside 
processors that will take delivery of groundfish CDQ species from these 
vessels.
    (i) List of eligible vessels and processors--(A) Vessels--(1) 
Information required for all vessels. A list of the name, Federal 
fisheries permit number (if applicable), ADF&G vessel number, LOA, gear 
type, and vessel type (catcher vessel, catcher/processor, or 
mothership). For each vessel, report only the gear types and vessel 
types that will be used while CDQ fishing. Any CDQ vessel that is exempt 
from the moratorium under Sec. 679.4(c)(3)(v) must be identified as 
such.
    (2) Information required for observed vessels using trawl or hook-
and-line gear and motherships taking deliveries from these vessels. For 
each catcher/processor and catcher vessel 60 ft (18.29 m) LOA or greater 
using trawl or hook-and-line gear and not delivering unsorted codends, 
or for each mothership, the

[[Page 578]]

CDP must include the following information that will be used by NMFS to 
determine whether sufficient observer coverage is provided to sample 
each CDQ haul, set, or delivery. Provide the information for groundfish 
CDQ fishing as defined under Sec. 679.2 and provide separate information 
by management area or fishery if information differs among management 
areas or fisheries.
    (i) Number of CDQ observers that will be aboard the vessel. For 
catcher/processors using hook-and-line gear proposing to carry only one 
CDQ observer, the CDP must include vessel logbook or observer data that 
demonstrates that one CDQ observer can sample each set for species 
composition in one 12-hour shift per fishing day.
    (ii) Average and maximum number of hauls or sets that will be 
retrieved on any given fishing day while groundfish CDQ fishing.
    (iii) For vessels using trawl gear, the average and maximum total 
catch weight for any given haul while groundfish CDQ fishing.
    (iv) For vessels using trawl gear, the number of hours necessary to 
process the average and maximum haul size while groundfish CDQ fishing.
    (v) For vessels using hook-and-line gear, the average number of 
hooks in each set and estimated time it will take to retrieve each set 
while groundfish CDQ fishing.
    (vi) Whether any halibut CDQ will be harvested by vessels groundfish 
CDQ fishing.
    (B) Shoreside processors. A list of the name, Federal processor 
permit number, and location of each shoreside processor that is required 
to have a Federal processor permit under Sec. 679.4(f) and will take 
deliveries of, or process, groundfish CDQ catch from any vessel 
groundfish CDQ fishing or from vessels equal to or greater than 60 ft 
(18.3 m) LOA that are halibut CDQ fishing.
    (ii) Sources of data or methods for estimating CDQ and PSQ catch. 
The sources of data or methods that will be used to determine catch 
weight of CDQ and PSQ for each vessel or processor proposed as eligible 
under the CDP. For each vessel or processor, the CDP must specify 
whether the NMFS' standard sources of data set forth at 
Sec. 679.32(d)(2) or some other alternative will be used. For catcher 
vessels using nontrawl gear, the CDP must also specify whether the 
vessel will be retaining all groundfish CDQ catch (Option 1) or will be 
discarding some groundfish CDQ catch at sea (Option 2). The qualified 
applicant may propose the use of an alternative method such as the 
sorting and weighing of all catch by species on processor vessels or 
using larger sample sizes than could be collected by one observer. NMFS 
will review the proposal and approve it or notify the qualified 
applicant in writing if the proposed alternative does not meet these 
requirements. The qualified applicant may remove the vessel or processor 
for which the alternative method is proposed from the proposed CDP to 
facilitate approval of the CDP and add the vessel or processor to the 
approved CDP by substantial amendment at a later date. Alternatives to 
the requirement for a certified scale or an observer sampling station 
may not be proposed. NMFS will review the alternative proposal to 
determine if it meets all of the following requirements:
    (A) The alternative proposed must provide equivalent or better 
estimates than use of the NMFS standard data source would provide and 
the estimates must be independently verifiable;
    (B) Each haul or set on an observed vessel must be able to be 
sampled by an observer for species composition;
    (C) Any proposal to sort catch before it is weighed must assure that 
the sorting and weighing process will be monitored by an observer; and
    (D) The time required for the CDQ observer to complete sampling, 
data recording, and data communication duties shall not exceed 12 hours 
in each 24-hour period and the CDQ observer is required to sample no 
more than 9 hours in each 24-hour period.
    (iii) Amendments to the list of eligible vessels and processors. The 
list of eligible vessels and processors may be amended by submitting the 
information required in paragraphs (a)(5)(i) and (ii) of this section as 
an amendment to the approved CDP. A technical amendment may be used to 
remove any vessel from a CDP, to add any vessel to a CDP

[[Page 579]]

if the CDQ group will use NMFS' standard sources of data to determine 
CDQ and PSQ catch for the vessel, or to add any vessel to a CDP for 
which an alternative method of determining CDQ and PSQ catch has been 
approved by NMFS under an approved CDP for another CDQ group. A 
substantial amendment must be used to add a vessel to an approved CDP if 
the CDQ group submits a proposed alternative method of determining CDQ 
and PSQ catch for NMFS review.
    (6) CDQ planning--(i) Transition plan. A proposed CDP must include 
an overall plan and schedule for transition from reliance on CDQ 
allocations to self-sufficiency in fisheries. The plan for transition to 
self-sufficiency must be based on the qualified applicant's long-term 
revenue stream without CDQs.
    (ii) Post-allocation plan. [Reserved]
    (b) Public hearings on CDQ application. When the CDQ application 
period has ended, the State must hold a public hearing to obtain 
comments on the proposed CDPs from all interested persons. The hearing 
must cover the substance and content of proposed CDPs so that the 
general public, particularly the affected parties, have a reasonable 
opportunity to understand the impact of the proposed CDPs. The State 
must provide reasonable public notification of hearing date and 
location. At the time of public notification of the hearing, the State 
must make available for public review all State materials pertinent to 
the hearing.
    (c) Council consultation. Before the State sends its recommendations 
for approval of proposed CDPs to NMFS, the State must consult with the 
Council and make available, upon request, the proposed CDPs that are not 
part of the State's recommendations.
    (d) Review and approval of proposed CDPs. The State must transmit 
the proposed CDPs and its recommendations for approval of each of the 
proposed CDPs to NMFS, along with the findings and the rationale for the 
recommendations, by October 15 of the year prior to the first year of 
the proposed CDP, except in 1998, when CDPs for the 1998 through 2000 
multispecies groundfish CDQs must be submitted by July 6, 1998. The 
State shall determine in its recommendations for approval of the 
proposed CDPs that each proposed CDP meets all applicable requirements 
of this part. Upon receipt by NMFS of the proposed CDPs and the State's 
recommendations for approval, NMFS will review the proposed CDPs and 
approve those that it determines meet all applicable requirements. NMFS 
shall approve or disapprove the State's recommendations within 45 days 
of their receipt. In the event of approval of the CDP, NMFS will notify 
the State in writing that the proposed CDP is approved by NMFS and is 
consistent with all requirements for CDPs. If NMFS finds that a proposed 
CDP does not comply with the requirements of this part, NMFS must so 
advise the State in writing, including the reasons thereof. The State 
may submit a revised proposed CDP along with revised recommendations for 
approval to NMFS.
    (e) Transfer. CDQ groups may request that NMFS transfer CDQ 
allocations, CDQ, PSQ allocations, or PSQ from one group to another by 
each group filing an appropriate amendment to its CDP. Transfers of CDQ 
and PSQ allocations must be in whole integer percentages, and transfers 
of CDQ and PSQ must be in whole integer amounts. If NMFS approves both 
amendments, NMFS will make the requested transfer(s) by decreasing the 
account balance of the CDQ group from which the CDQ or PSQ species is 
transferred by the amount transferred and by increasing the account 
balance of the CDQ group receiving the transferred CDQ or PSQ species by 
the amount transferred. NMFS will not approve transfers to cover 
overages of CDQ or PSQ.
    (1) CDQ allocation. CDQ groups may request that NMFS transfer any or 
all of one group's CDQ allocation to another by each group filing an 
amendment to its CDP through the CDP substantial amendment process set 
forth at paragraph (g)(4) of this section. The CDQ allocation will be 
transferred as of January 1 of the calendar year following the calendar 
year NMFS approves the amendments of both groups and is effective for 
the duration of the CDPs.
    (2) CDQ. CDQ groups may request that NMFS transfer any or all of one

[[Page 580]]

group's CDQ for a calendar year to another by each group filing an 
appropriate amendment to its CDP. If the amount to be transferred is 10 
percent or less of a group's initial CDQ amount for that year, that 
group's request may be made through the CDP technical amendment process 
set forth at paragraph (g)(5) of this section. If the amount to be 
transferred is greater than 10 percent of a group's initial CDQ amount 
for the year, that group's request must be made through the CDP 
substantial amendment process set forth at paragraph (g)(4) of this 
section. The CDQ will be transferred as of the date NMFS approves the 
amendments of both groups and is effective only for the remainder of the 
calendar year in which the transfer occurs.
    (3) PSQ allocation. CDQ groups may request that NMFS transfer any or 
all of one group's PSQ allocation to another CDQ group through the CDP 
substantial amendment process set forth at paragraph (g)(4) of this 
section. Each group's request must be part of a request for the transfer 
of a CDQ allocation, and the requested amount of PSQ allocation must be 
the amount reasonably required for bycatch needs during the harvesting 
of the CDQ. Requests for the transfer of a PSQ allocation may be 
submitted to NMFS from January 1 through January 31. Requests for 
transfers of a PSQ allocation will not be accepted by NMFS at other 
times of the year. The PSQ allocation will be transferred as of January 
1 of the calendar year following the calendar year NMFS approves the 
amendments of both groups and is effective for the duration of the CDPs.
    (4) PSQ. CDQ groups may request that NMFS transfer any or all of one 
group's PSQ for one calendar year to another by each group filing an 
amendment to its CDP through the CDP substantial amendment process set 
forth at paragraph (g)(4) of this section. Each group's request must be 
part of a request for the transfer of CDQ, and the requested amount of 
PSQ must be the amount reasonably required for bycatch needs during the 
harvesting of the CDQ. Requests for the transfer of PSQ may be submitted 
to NMFS from January 1 through January 31. Requests for transfers of PSQ 
will not be accepted by NMFS at other times of the year. The PSQ will be 
transferred as of the date NMFS approves the amendments of both groups 
and is effective only for the remainder of the calendar year in which 
the transfer occurs.
    (f) CDQ group responsibilities. A CDQ group's responsibilities 
include, but are not limited to, the following:
    (1) Direct and supervise all activities of the managing 
organization;
    (2) Maintain the capability to communicate with all vessels 
harvesting its CDQ and PSQ at all times;
    (3) Monitor the catch of each CDQ or PSQ;
    (4) Submit the CDQ catch report described at Sec. 679.5(n)(2);
    (5) Ensure that no CDQ, halibut PSQ, or crab PSQ is exceeded;
    (6) Ensure that the CDQ group's CDQ harvesting vessels and CDQ 
processors will:
    (i) Provide observer coverage, equipment, and operational 
requirements for CDQ catch monitoring;
    (ii) Provide for the communication of observer data from their 
vessels to NMFS and the CDQ representative;
    (iii) Maintain contact with the CDQ group for which it is harvesting 
CDQ and PSQ;
    (iv) Cease fishing operations when requested by the CDQ group; and
    (v) Comply with all requirements of this part while harvesting or 
processing CDQ species.
    (7) Comply with all requirements of this part.
    (g) Monitoring of CDPs--(1) Annual progress report. (i) The State 
must submit to NMFS, by October 31 of each year, an annual progress 
report for the previous calendar year for each CDP.
    (ii) Annual progress reports must be organized on a project-by-
project basis and include information for each CDQ project in the CDP 
describing how each scheduled milestone in the CDP has been met, and an 
estimation by the State of whether each of the CDQ projects in the CDP 
is likely to be successful.
    (iii) The annual report must include a description by the State of 
any problems or issues in the CDP that the State encountered during the 
annual report year.

[[Page 581]]

    (2) Annual budget report. (i) Each CDQ group must submit to NMFS an 
annual budget report by December 15 preceding the year for which the 
annual budget applies.
    (ii) An annual budget report is a detailed estimate of the income 
from the CDQ project and of the expenditures for each subsidiary, 
division, joint venture, partnership, investment activity, or CDQ 
project as described in paragraph (a)(1)(i) of this section for a 
calendar year. A CDQ group must identify the administrative costs for 
each CDQ project. The CDQ group's total administrative costs will be 
considered a separate CDQ project.
    (iii) An annual budget report is approved upon receipt by NMFS, 
unless disapproved by NMFS in writing by December 31. If disapproved, 
the annual budget report will be returned to the CDQ group for revision 
and resubmittal to NMFS.
    (3) Annual budget reconciliation report. A CDQ group must reconcile 
its 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 CDQ project that is described in paragraph (a)(1)(i) 
of this section.
    (4) Substantial amendments. A CDP is a working business plan and 
must be kept up to date.
    (i) Substantial amendments to a CDP require a written request by the 
CDQ group to the State and NMFS for approval of the amendment. The State 
must forward the amendment to NMFS with a recommendation as to whether 
it should be approved.
    (ii) NMFS will notify the State in writing of the approval or 
disapproval of the amendment within 30 days of receipt of both the 
amendment and the State's recommendation. Except for substantial 
amendments for the transfer of CDQ and PSQ, which are effective only for 
the remainder of the calendar year in which the transfer occurs (see 
paragraphs (e)(2) and (4) of this section), once a substantial amendment 
is approved by NMFS, the amendment will be effective for the duration of 
the CDP.
    (iii) If NMFS determines that the CDP, if changed, would no longer 
meet the requirements of this subpart, NMFS will notify the State 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:
    (A) Any change in the list of communities comprising the CDQ group 
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 CDQ group 
and its harvesting or processing partner or a change in a CDP project, 
if such change is deemed by the State or NMFS to be a material change.
    (G) Any transfer of a CDQ allocation, PSQ allocation, PSQ, or a 
transfer of more than 10 percent of a CDQ.
    (H) The addition of a vessel to a CDP if the CDQ group submits a 
proposed alternative method of determining CDQ and PSQ catch under 
paragraph (a)(5)(ii) of this section for NMFS review.
    (v) The request for approval of a substantial 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 a 
substantial amendment.
    (C) A description of the proposed amendment, explaining all changes 
to the CDP that result from the proposed amendment.
    (D) A comparison of the original CDP text, with the text of the 
proposed

[[Page 582]]

changes to the CDP, and the revised pages of the CDP for replacement in 
the CDP binder. The revised pages must have the revision date noted, 
with the page number on all affected pages. The table of contents may 
also need to be revised to reflect any changes in pagination.
    (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.
    (5) Technical amendments. Any change to a CDP that is not considered 
a substantial amendment under paragraph (g)(4)(iv) of this section is a 
technical amendment.
    (i) The CDQ group must notify the State in writing of any technical 
amendment. Such notification must include a copy of the pages of the CDP 
that would be revised by the amendment, with the text highlighted to 
show the proposed deletions and additions, and a copy of the CDP pages 
as they would be revised by the proposed amendment for insertion into 
the CDP binder. All revised CDP pages must include the revision date, 
amendment identification number, and CDP page number. The table of 
contents may also need to be revised to reflect any changes in 
pagination.
    (ii) The State must forward the technical amendment to NMFS with its 
recommendations for approval or disapproval of the amendment. A 
technical amendment is approved by NMFS and is effective when, after 
review, NMFS notifies the State in writing of the technical amendment's 
receipt and approval.
    (h) Suspension or termination of a CDP. An annual progress report, 
required under paragraph (g)(1) of this section, will be used by the 
State to review each CDP to determine whether the CDP, CDQ, and PSQ 
allocations thereunder should be continued, decreased, partially 
suspended, suspended, or terminated under the following circumstances:
    (1) If the State determines that the CDP will successfully meet its 
goals and objectives, the CDP may continue without any Secretarial 
action.
    (2) If the State recommends to NMFS that an allocation be decreased, 
the State's recommendation for decrease will be deemed approved if NMFS 
does not notify the State in writing within 30 days of receipt of the 
State's recommendation.
    (3) If the State determines that a CDP has not successfully met its 
goals and objectives or appears unlikely to become successful, the State 
may submit a recommendation to NMFS that the CDP be partially suspended, 
suspended, or terminated. The State must set out, in writing, the 
reasons for recommending suspension or termination of the CDP.
    (4) After review of the State's recommendation and reasons thereof, 
NMFS will notify the Governor, in writing, of approval or disapproval of 
the recommendation within 30 days of its receipt. In the case of 
suspension or termination, NMFS will publish notification in the Federal 
Register, with reasons thereof.

[63 FR 30403, June 4, 1998, as amended at 64 FR 3882, Jan. 26, 1999; 64 
FR 20214, Apr. 26, 1999]

    Effective Date Note: At 63 FR 30403, June 4, 1998, Sec. 679.30 was 
revised. Section 679.30(a)(5)(i)(A)(2) contains information collection 
and recordkeeping requirements and will not become effective until 
approval has been given by the Office of Management and Budget.



Sec. 679.31  CDQ reserves.

    Portions of the CDQ and PSQ reserves for each subarea or district 
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 and districts combined to any one applicant 
with an approved CDP application.
    (a) Pollock CDQ reserve. In the proposed and final harvest 
specifications required by Sec. 679.20(c), one-half of the pollock TAC 
placed in the reserve for each subarea or district of the BSAI will be 
apportioned to a CDQ reserve for each subarea or district.

[[Page 583]]

    (b) Halibut CDQ reserve. (1) NMFS will annually withhold from IFQ 
allocation the proportions of the halibut catch limit that are specified 
in paragraph (b) of this section 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 
the halibut CDQ program, exclusive of issued QS, and the eligible 
communities for which they shall be made available 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 to eligible communities physically 
located in, or proximate to, this regulatory area.
    (ii) Area 4C. In IPHC regulatory area 4C, 50 percent of the halibut 
quota shall be made available to eligible communities physically located 
in IPHC regulatory area 4C.
    (iii) Area 4D. In IPHC regulatory area 4D, 30 percent of the annual 
halibut quota shall be made available 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 to eligible communities located in, or 
proximate to, IPHC regulatory area 4E. A fishing trip limit of 6,000 lb 
(2.7 mt) applies to halibut CDQ harvesting in IPHC regulatory area 4E.
    (4) 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.
    (c) Groundfish CDQ reserves. (See Sec. 679.20(b)(1)(iii))
    (d) Crab CDQ reserves. King and Tanner crab species in the Bering 
Sea and Aleutian Islands Area that have a guideline harvest level 
specified by the State of Alaska that is available for commercial 
harvest are apportioned to a crab CDQ reserve as follows:
    (1) For calendar year 2000, and thereafter, 7.5 percent; and
    (2) For calendar year 1999 (applicable through December 31, 1999), 5 
percent.
    (e) PSQ reserve. (See Sec. 679.21(e)(1)(i) and (e)(2)(ii)).
    (f) Non-specific CDQ reserve. Annually, NMFS will apportion 15 
percent of each squid, arrowtooth flounder, and ``other species'' CDQ 
for each CDQ group to a non-specific CDQ reserve. A CDQ group's non-
specific CDQ reserve must be for the exclusive use of that CDQ group. A 
release from the non-specific CDQ reserve to the CDQ group's squid, 
arrowtooth flounder, or ``other species'' CDQ is a technical amendment 
as described in Sec. 679.30(g)(5). The technical amendment must be 
approved before harvests relying on CDQ transferred from the non-
specific CDQ reserve may be conducted.

[63 FR 8361, Feb. 19, 1998, as amended at 63 FR 30407, June 4, 1998; 64 
FR 3882, Jan. 26, 1999; 64 FR 20214, Apr. 26, 1999]



Sec. 679.32  Groundfish and halibut CDQ catch monitoring.

    (a) Applicability. (1) The CDQ group, the operator of a vessel 
groundfish CDQ fishing as defined at Sec. 679.2, the operator of a 
catcher/processor halibut CDQ fishing as defined at Sec. 679.2, the 
operator of a catcher vessel equal to or greater than 60 ft (18.3 m) LOA 
halibut CDQ fishing, the operator of a mothership taking deliveries from 
these vessels, and the manager of a shoreside processor taking 
deliveries from these vessels must comply with the requirements of 
paragraphs (b) through (d) of this section for all groundfish CDQ and 
PSQ. For the catch of halibut CDQ or for vessels halibut CDQ fishing, 
the CDQ group, the operator of the vessel, the shoreside processor, and 
the registered buyer must comply with the requirements of paragraph (f) 
of this section. In addition, the CDQ group is responsible for ensuring 
that vessels and processors listed as eligible on the CDQ group's 
approved CDP comply with all requirements of this section while 
harvesting or processing CDQ species.
    (2) Pollock CDQ (applicable through July 20, 1999). Requirements for 
the accounting of pollock while CDQ fishing are at paragraph (e) of this 
section.

[[Page 584]]

    (b) PSQ catch. Time and area closures required once a CDQ group has 
reached its salmon PSQ or crab PSQ are listed in Sec. 679.7(d)(7) 
through (10). The catch of salmon or crab by vessels using other than 
trawl gear does not accrue to the PSQ for these species. The discard of 
halibut by vessels using pot or jig gear will not accrue to the halibut 
PSQ if this bycatch has been exempted from the halibut PSC limit under 
Sec. 679.21(e)(5) in the annual specifications published in the Federal 
Register.
    (c) Requirements for vessels and processors. In addition to 
complying with the minimum observer coverage requirements at 
Sec. 679.50(c)(4), vessel operators and managers of shoreside processors 
must comply with the following requirements:
    (1) Catcher vessels without an observer. (i) Operators of catcher 
vessels less than 60 ft (18.29 m) LOA must retain all groundfish CDQ, 
halibut CDQ, and salmon PSQ until it is delivered to a processor that 
meets the requirements of paragraph (c)(3) or (c)(4) of this section. 
All halibut PSQ and crab PSQ must be discarded at sea. Operators of 
catcher vessels using trawl gear must report the at-sea discards of 
halibut PSQ or crab PSQ on the CDQ delivery report. Operators of catcher 
vessels using nontrawl gear must report the at-sea discards of halibut 
PSQ on the CDQ delivery report, unless exempted from accounting for 
halibut PSQ under paragraph (b) of this section.
    (ii) Catcher vessels delivering unsorted codends. Operators of 
catcher vessels delivering unsorted codends to trawl catcher/processors 
or motherships must retain all CDQ and PSQ species and deliver them to a 
catcher/processor or mothership that meets the requirements of paragraph 
(c)(4) of this section.
    (2) Catcher vessels with observers. Operators of catcher vessels 
equal to or greater than 60 ft (18.29 m) LOA must comply with the 
following requirements:
    (i) If using trawl gear, the vessel operator must:
    (A) Retain all CDQ species and salmon PSQ until they are delivered 
to a processor that meets the requirements of paragraph (c)(3) or (c)(4) 
of this section;
    (B) Retain all halibut and crab PSQ in a bin or other location until 
it is counted and sampled by a CDQ observer; and
    (C) Provide space on the deck of the vessel for the CDQ observer to 
sort and store catch samples and a place from which to hang the observer 
sampling scale.
    (ii) If using nontrawl gear, the vessel operator must either:
    (A) Option 1: Retain all CDQ species. Retain all CDQ species until 
they are delivered to a processor that meets the requirements of 
paragraph (c)(3) or (c)(4) of this section and have all of the halibut 
PSQ counted by the CDQ observer and sampled for length or average 
weight; or
    (B) Option 2: Discard some CDQ species at sea. May discard some CDQ 
species at sea if the following requirements are met:
    (1) Observer sampling station. The vessel owner provides an observer 
sampling station that complies with Sec. 679.28(d) so that the CDQ 
observer can accurately determine the average weight of discarded CDQ 
species. A valid observer sampling station inspection report described 
at Sec. 679.28(d)(8) must be on board the vessel at all times when a 
sampling station is required; and
    (2) Species composition. Each CDQ set on vessels using hook-and-line 
gear is sampled for species composition by a CDQ observer.
    (3) Shoreside processors and buying stations. The operator of a 
buying station or the manager of a shoreside processor must comply with 
all of the following requirements:
    (i) Prior notice to observer of offloading schedule. Notify the CDQ 
observer of the offloading schedule of each CDQ delivery at least 1 hour 
prior to offloading to provide the CDQ observer an opportunity to 
monitor the sorting and weighing of the entire delivery.
    (ii) CDQ and PSQ by weight. Sort and weigh on a scale approved by 
the State of Alaska under Sec. 679.28(c) all groundfish and halibut CDQ 
or PSQ by species or species group.
    (iii) PSQ by number. Sort and count all salmon and crab PSQ.

[[Page 585]]

    (iv) CDQ and PSQ sorting and weighing. Sorting and weighing of CDQ 
and PSQ must be monitored by a CDQ observer.
    (v) CDQ delivery report. Submit a CDQ delivery report described at 
Sec. 679.5(n)(1) for each delivery of groundfish CDQ.
    (4) Catcher/processors and motherships. The operator of a catcher/
processor or a mothership must comply with the following requirements:
    (i) Prior notice to observer of CDQ catch. Notify the CDQ 
observer(s) before CDQ catch is brought onboard the vessel and notify 
the CDQ observer(s) of the CDQ group and CDQ number associated with the 
CDQ catch.
    (ii) Observer sampling station. Provide an observer sampling station 
as described at Sec. 679.28(d). A valid observer sampling station 
inspection report described at Sec. 679.28(d)(8) must be on board the 
vessel at all times when a sampling station is required.
    (iii) Catcher/processors using trawl gear and motherships. The 
operator of a catcher/processor using trawl gear or of a mothership must 
weigh all catch on a scale that complies with the requirements of 
Sec. 679.28(b). A valid scale inspection report described at 
Sec. 679.28(b)(2) must be on board the vessel at all times when a scale 
is required. Catch from each CDQ haul must be weighed separately. Catch 
must not be sorted before it is weighed, unless a provision for doing so 
is approved by NMFS for the vessel in the CDP. Each CDQ haul must be 
sampled by a CDQ observer for species composition and the vessel 
operator must allow CDQ observers to use any scale approved by NMFS to 
weigh partial CDQ haul samples.
    (iv) Catcher/processors using nontrawl gear. Each CDQ set on a 
vessel using hook-and-line gear must be sampled by a CDQ observer for 
species composition and average weight.
    (d) Recordkeeping and reporting--(1) Catch record. The operator or 
manager of a buying station and the manager of a shoreside processor 
must submit to NMFS the CDQ delivery report required in 
Sec. 679.5(n)(1). The CDQ representative must submit to NMFS the CDQ 
catch report required in Sec. 679.5(n)(2). Additionally, all other 
applicable requirements in Sec. 679.5 for groundfish fishing must be 
met.
    (2) Verification of CDQ and PSQ catch reports. CDQ groups may 
specify the sources of data listed below as the sources they will use to 
determine CDQ and PSQ catch on the CDQ catch report by specifying ``NMFS 
standard sources of data'' in their CDP. In the case of a catcher vessel 
using nontrawl gear, the CDP must specify whether the vessel will be 
retaining all groundfish CDQ (Option 1) or discarding some groundfish 
CDQ species at sea (Option 2). CDQ species may be discarded at sea by 
these vessels only if the requirements of paragraph (c)(2)(ii)(B) of 
this section are met. NMFS will use the following sources to verify the 
CDQ catch reports, unless an alternative catch estimation procedure in 
the CDP is approved by NMFS under Sec. 679.30(a)(5)(ii).
    (i) Catcher vessels less than 60 ft (18.29 m) LOA. The weight or 
numbers of all CDQ and PSQ species will be the same as the information 
on the CDQ delivery report if all CDQ species and salmon PSQ are 
retained on board the vessel, delivered to a shoreside processor listed 
as eligible in the CDP, and sorted and weighed in compliance with 
paragraph (c)(3) of this section.
    (ii) Catcher vessels delivering unsorted codends. The weight and 
numbers of CDQ and PSQ species will be determined by applying the 
species composition sampling data collected for each CDQ haul by the CDQ 
observer on the mothership to the total weight of each CDQ haul as 
determined by weighing all catch from each CDQ haul on a scale approved 
under Sec. 679.28(b).
    (iii) Observed catcher vessels using trawl gear. The weight of 
halibut and numbers of crab PSQ discarded at sea will be determined by 
using the CDQ observer's sample data. The weight or numbers of all 
groundfish CDQ and salmon PSQ will be the same as the information 
submitted on the CDQ delivery report if all CDQ species and salmon PSQ 
are retained on board the vessel until delivered to a processor listed 
as eligible in the CDP, and sorted and weighed in compliance with 
paragraph (c)(3) of this section.
    (iv) Observed catcher vessels using nontrawl gear--(A) Option 1. The 
weight of halibut PSQ discarded at sea will be

[[Page 586]]

determined by using the CDQ observer's sample data. The weight of all 
groundfish CDQ will be the same as the information submitted on the CDQ 
delivery report if all CDQ species are retained on board the vessel 
until delivered to a processor, and sorted and weighed in compliance 
with paragraph (c)(3) of this section (Option 1); or
    (B) Option 2. The weight of halibut PSQ and all groundfish CDQ 
species will be determined by applying the CDQ observer's species 
composition sampling data to the estimate of total catch weight if any 
CDQ species are discarded at sea.
    (v) Catcher/processors using trawl gear and motherships. The weight 
and numbers of CDQ and PSQ species will be determined by applying the 
CDQ observer's species composition sampling data for each CDQ haul to 
the total weight of the CDQ haul as determined by weighing all catch 
from each CDQ haul on a scale certified under Sec. 679.28(b).
    (vi) Catcher/processors using nontrawl gear. The weight of halibut 
PSQ and all groundfish CDQ species will be determined by applying the 
CDQ observer's species composition sampling data to the estimate of 
total catch weight, if any CDQ species are discarded at sea.
    (e) [Reserved]
    (f) Halibut CDQ--(1) Applicability. The CDQ group, the operator of 
the vessel, the manager of a shoreside processor, and the registered 
buyer must comply with the requirements of this paragraph (f) for the 
catch of halibut CDQ or while halibut CDQ fishing.
    (2) Accounting for halibut CDQ catch--(i) Halibut CDQ permit. The 
CDQ group must obtain a halibut CDQ permit issued by the Regional 
Administrator. The vessel operator must have a copy of the halibut CDQ 
permit on any fishing vessel operated by, or for, a CDQ group that will 
have halibut CDQ onboard and must make the permit available for 
inspection by an authorized officer. The halibut CDQ permit is non-
transferable and is issued annually until revoked, suspended, or 
modified.
    (ii) Halibut CDQ card. An individual must have onboard the vessel a 
valid halibut CDQ card issued by the Regional Administrator before 
landing any halibut CDQ. Each halibut CDQ card will identify a CDQ 
permit number and the individual authorized by the CDQ group to land 
halibut for debit against the CDQ group's halibut CDQ.
    (iii) Alteration. No person may alter, erase, mutilate, or forge a 
halibut CDQ permit, landing 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, 
mutilated, or forged is invalid.
    (iv) Landings. A person may land halibut CDQ only if he or she has a 
valid halibut CDQ card, and that person may deliver halibut CDQ only to 
a person with a valid registered buyer permit. The person holding the 
halibut CDQ card and the registered buyer must comply with the 
requirements of Sec. 679.5(l)(1) and (l)(2).
    (v) The CDQ group, vessel owner or operator, and registered buyer 
must comply with all of the IFQ prohibitions at Sec. 679.7(f).
    (3) Accounting for catch of groundfish CDQ while halibut CDQ 
fishing. The manager of a shoreside processor must report on a CDQ 
delivery report described at Sec. 679.5(n)(1), all groundfish CDQ 
delivered by vessels equal to or greater than 60 ft (18.3 m) LOA while 
halibut CDQ fishing and all sablefish CDQ delivered by vessels of any 
size while halibut CDQ fishing. The CDQ group must report on a CDQ catch 
report described at Sec. 679.5(n)(2), all groundfish CDQ caught by 
vessels equal to or greater than 60 ft (18.3 m) LOA while halibut CDQ 
fishing and all sablefish CDQ retained by vessels of any size while 
halibut CDQ fishing. This groundfish CDQ will accrue to the CDQ group's 
groundfish CDQ allocations. The manager of a shoreside processor and the 
CDQ group are not required to report on the CDQ delivery report, 
groundfish, except sablefish CDQ, that is caught by vessels less than 60 
ft (18.3 m) LOA while halibut CDQ fishing, and this catch (except 
sablefish CDQ) will not accrue against the CDQ group's groundfish CDQ 
allocations.
    (4) Groundfish CDQ retention requirements. Operators of vessels less 
than 60 ft (18.3 m) LOA are not required to retain and deliver 
groundfish CDQ species while halibut CDQ fishing, unless

[[Page 587]]

required to do so elsewhere in this part. Operators of vessels equal to 
or greater than 60 ft (18.3 m) LOA are required to comply with all 
groundfish CDQ and PSQ catch accounting requirements in paragraphs (b) 
through (d) of this section, including the retention of all groundfish 
CDQ, if option 1 under Sec. 679.32(c)(2)(ii) is selected in the CDP.
    (5) Observer coverage requirements. The owner or operator of a 
vessel equal to or greater than 60 ft (18.3 m) LOA halibut CDQ fishing 
as defined at Sec. 679.2 or shoreside processors taking deliveries from 
vessels equal to or greater than 60 ft (18.3 m) LOA that are halibut CDQ 
fishing must comply with observer coverage requirements at 
Sec. 679.50(c)(4) and (d)(4).

[63 FR 30407, June 4, 1998, as amended at 64 FR 3882, Jan. 26, 1999; 64 
FR 20214, Apr. 26, 1999]

    Effective Date Note 1: At 63 FR 30407, June 4, 1998, Sec. 679.32 was 
revised. Paragraph 679.32(c)(4)(i) contains information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.

    Effective Date Note 2: At 64 FR 3882, Jan. 26, 1999, Sec. 679.32 was 
amended in part by suspending paragraphs (a)(2) and (a)(3), and adding 
paragraphs (a)(4) and (g), effective Jan. 21, 1999, through July 20, 
1999. At 64 FR 20214, Apr. 26, 1999, paragraphs (a)(2) and (a)(3) were 
removed and paragraph (a)(4) was redesignated as paragraph (a)(2) and 
revised, and paragraph (g) was redesignated as paragraph (e). At 64 FR 
34743, June 29, 1999, the temporary effective date was extended from 
July 20, 1999, through December 31, 1999. For the convenience of the 
user, the added text is set forth as follows:



Sec. 679.32  Groundfish and halibut CDQ catch monitoring.

                                * * * * *

    (a) * * *
    (4) Requirements for the accounting of pollock while CDQ fishing are 
at paragraph (g) of this section.

                                * * * * *

    (e) Pollock CDQ--(1) Directed fishing for pollock CDQ. Owners and 
operators of vessels directed fishing for pollock CDQ as defined at 
Sec. 679.2 and processors taking deliveries from vessels directed 
fishing for pollock CDQ must comply with all applicable requirements of 
paragraphs (a) through (d) of this section. Pollock catch by vessels 
directed fishing for pollock CDQ will accrue against the pollock CDQ for 
the CDQ group. The CDQ group must report all pollock caught by vessels 
directed fishing for pollock CDQ on the CDQ catch report.
    (2) Catch of pollock by vessels not directed fishing for pollock 
CDQ. Pollock catch by vessels groundfish CDQ fishing, but not directed 
fishing for pollock CDQ as defined at Sec. 679.2, will not accrue 
against the pollock CDQ for the CDQ group. The CDQ group must not report 
this pollock catch on the CDQ catch report.
    (3) Vessel operators must retain all pollock caught in any 
groundfish CDQ fishery as required at Sec. 679.27 (IR/IU).

                                * * * * *



         Subpart D--Individual Fishing Quota Management Measures



Sec. 679.40  Sablefish and halibut QS.

    The Regional Administrator 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 
Administrator 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:

[[Page 588]]

    (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 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 
Administrator 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 Administrator 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.

[[Page 589]]

    (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, except as 
provided in Sec. 679.42(a);
    (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.
    (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 Administrator 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

[[Page 590]]

under current state and Federal confidentiality rules, and that are 
available to the Regional Administrator 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 Administrator deems appropriate.
    (iii) Complete application. Complete applications received by the 
Regional Administrator 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 
Administrator. If additional data presented in an application are not 
consistent with the data compiled by the Regional Administrator, 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 Administrator. Based on these data, the Regional 
Administrator 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 Administrator, 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 Administrator 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 
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 Administrator 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

[[Page 591]]

record with the Alaska Region, NMFS, as of 1200 hours, A.l.t., on 
January 31 of that year.
    (3) IFQ permit. The Regional Administrator 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-Stevens 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; 62 FR 59299, Nov. 3, 
1997]



Sec. 679.41  Transfer of quota shares 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 Administrator 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 Administrator has reviewed and 
approved the transfer agreement signed by the parties to the 
transaction. The Regional Administrator shall provide an Application for 
Transfer form to any person on request. Persons who submit an 
Application for Transfer to

[[Page 592]]

the Regional Administrator for approval will receive notification of the 
Regional Administrator'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 Administrator will 
change on the date of approval. Any necessary IFQ permits will be sent 
with the notification of the Regional Administrator'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 Administrator has determined that:
    (1) The person applying for transfer received the QS or IFQ to be 
transferred:
    (i) By initial assignment by the Regional Administrator 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 
Administrator.
    (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 
Administrator. The Regional Administrator 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 Administrator. The Regional 
Administrator 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 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 Administrator's approval of an application for eligibility.
    (5) Notification of disapproval. The Regional Administrator 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.

[[Page 593]]

    (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) General. 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 Administrator 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) Sablefish. QS blocks for the same IFQ regulatory area and vessel 
category that represent less than 5,000 lb (2.3 mt) of sablefish IFQ, 
based on the 1996 TAC share for fixed gear sablefish in a specific IFQ 
regulatory area and the QS pool for that IFQ regulatory area on January 
31, 1996, may be consolidated into larger QS blocks provided that the 
consolidated blocks do not represent greater than 5,000 lbs (2.3 mt) of 
sablefish IFQ based on the preceding criteria. A consolidated block 
cannot be divided and is considered a single block for purposes of use 
and transferability. The maximum number of QS units that may be 
consolidated into a single QS block in each IFQ regulatory area is as 
follows:
    (i) Southeast Outside district: 33,270 QS.
    (ii) West Yakutat district: 43,390 QS.
    (iii) Central Gulf area: 46,055 QS.
    (iv) Western Gulf area: 48,410 QS.
    (v) Aleutian Islands subarea: 99,210 QS.
    (vi) Bering Sea subarea: 91,275 QS.
    (3) Halibut. QS blocks for the same IFQ regulatory area and vessel 
category that represent less than 3,000 lbs (1.4 mt) of halibut IFQ, 
based on the 1996 catch limit for halibut in a specific IFQ regulatory 
area and the QS pool for that IFQ regulatory area on January 31, 1996, 
may be consolidated into larger QS blocks provided that the consolidated 
blocks do not represent greater than 3,000 lbs (1.4 mt) of halibut IFQ 
based on the preceding criteria. A consolidated block cannot be divided 
and is considered a single block for purposes of use and 
transferability. The maximum number of QS units that may be consolidated 
into a single block in each IFQ regulatory area is as follows:
    (i) Area 2C: 19,992 QS.
    (ii) Area 3A: 27,912 QS.
    (iii) Area 3B: 44,193 QS.
    (iv) Subarea 4A: 22,947 QS.
    (v) Subarea 4B: 15,087 QS.
    (vi) Subarea 4C: 30,930 QS.
    (vii) Subarea 4D: 26,082 QS.
    (viii) Subarea 4E: 0 QS.
    (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 Administrator will approve the Application for 
Transfer with restrictions. The Regional Administrator 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 
Administrator approves an Application for Eligibility for that person; 
or
    (2) The Regional Administrator 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.

[[Page 594]]

    (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 Sec. 679.42(i); the use provisions 
pertaining to corporations at Sec. 679.42(j) shall not apply.
    (4) The Regional Administrator 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 Administrator 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 
Administrator 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 Administrator 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 Administrator 
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 Administrator 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

[[Page 595]]

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:
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 Administrator 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 Administrator 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; 61 FR 67964, Dec. 26, 1996; 63 FR 47368, 
Sept. 4, 1998]



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--(1) IFQ Fisheries. 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.
    (2) Seabird avoidance gear and methods. The operator of a vessel 
using gear authorized at Sec. 679.2 while fishing for IFQ halibut or 
hook-and-line gear while fishing for IFQ sablefish must comply with 
requirements for seabird avoidance gear and methods set forth at 
Sec. 679.24(e).
    (c) Requirements and deductions. (1) Any individual who harvests 
halibut or sablefish with fixed gear must:
    (i) Have a valid IFQ card.
    (ii) Be aboard the vessel at all times during the fishing operation.
    (iii) Sign any required fish ticket.
    (iv) Sign the IFQ landing report required by 
Secs. 679.5(l)(2)(ii)(C) and (iii)(B).
    (2) The scale weight of the halibut or sablefish product actually 
measured at the time of landing, required by Sec. 679.5(l)(2)(vi) to be 
included in the IFQ landing report, shall be the only source of 
information used by NMFS to debit an IFQ account. An IFQ account will be 
debited as indicated in Table 3 to this part.

[[Page 596]]

    (i) Sablefish product. [Reserved]
    (ii) [Reserved]
    (iii) Halibut conversion factors.

------------------------------------------------------------------------
                                                              Conversion
            Product code               Product description      factor
------------------------------------------------------------------------
04.................................  Gutted, head on.......         0.90
05.................................  Gutted, head off......         1.00
54.................................  Gutted, head on, with          0.88
                                      ice and slime.
55.................................  Gutted, head off, with         0.98
                                      ice and slime.
------------------------------------------------------------------------

    (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 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. 599,799 units of halibut QS.
    (2) IFQ regulatory areas 2C, 3A, and 3B. 1,502,823 units of halibut 
QS.
    (3) IFQ regulatory areas 4A, 4B, 4C, 4D, and 4E. 495,044 units of 
halibut QS.
    (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 received an initial allocation of QS assigned 
to categories B, C, or D does not have to be aboard the vessel on which 
his or her IFQ is being fished or to sign IFQ landing reports if that 
individual owns at least a 20-percent interest in the vessel

[[Page 597]]

and is represented on the vessel by a master employed by that 
individual. NMFS will determine ownership interest for purposes of this 
paragraph only on the basis of written documentation. This minimum 20-
percent ownership requirement does not apply to any individual who 
received an initial allocation of QS assigned to categories B, C, or D 
and who, prior to April 17, 1997, employed a master to fish any of the 
IFQ issued to that individual, provided the individual continues to own 
the vessel from which the IFQ is being fished at no lesser percentage of 
ownership interest than that held on April 17, 1997, and provided that 
this individual has not acquired additional QS through transfer after 
September 23, 1997.
    (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 corporations and partnerships. Except as provided in paragraph 
(j)(5) of this section, a corporation or partnership that received an 
initial allocation of QS assigned to categories B, C, or D may fish the 
IFQ resulting from that QS and any additional QS acquired within the 
limitations of this section provided that the corporation or partnership 
owns at least a 20- percent interest in the vessel on which its IFQ is 
fished, and that it is represented on the vessel by a master employed by 
the corporation or partnership that received the initial allocation of 
QS. NMFS will determine ownership interest for purposes of this 
paragraph only on the basis of written documentation. 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. 679.41(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 Administrator 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.
    (5) A corporation or a partnership that received an initial 
allocation of QS assigned to categories B, C, or D and that, prior to 
April 17, 1997, employed a master to fish any of the IFQ issued to that 
corporation or partnership may continue to employ a master to fish its 
IFQ on a vessel owned by the corporation or partnership provided that 
the corporation or partnership continues to own the vessel at no lesser 
percentage of ownership interest than that held on April 17, 1997, and 
provided that corporation or partnership did not acquire additional QS 
through transfer after September 23, 1997.
    (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:

[[Page 598]]

    (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; 62 FR 7948, Feb. 21, 1997; 62 FR 19690, Apr. 
23, 1997; 62 FR 60669, Nov. 12, 1997; 62 FR 66311, Dec. 18, 1997; 63 FR 
11167, Mar. 6, 1998; 63 FR 47368, Sept. 4, 1998; 63 FR 54611, Oct. 13, 
1998; 64 FR 24962, May 10, 1999]



Sec. 679.43  Determinations and appeals.

    (a) General. This section describes the procedure for appealing 
initial administrative determinations made under this subpart as well as 
Sec. 679.4(c), Sec. 679.4(g), and portions of subpart C of this part 
that apply to the halibut and sablefish CDQ program.
    (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 Administrator. Contact the 
Regional Administrator 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.
    (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

[[Page 599]]

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:
    (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

[[Page 600]]

    (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 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 Administrator. An appellate officer's 
decision is subject to review by the Regional Administrator, as provided 
in this paragraph (o).
    (1) The Regional Administrator 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 Administrator 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 Administrator must provide a written explanation 
why an appellate officer's decision has been reversed, modified, or 
remanded.
    (4) The Regional Administrator must promptly notify the appellant(s) 
of any action taken under this paragraph (o).
    (5) The Regional Administrator's decision to affirm, reverse, or 
modify an appellate officer's decision is a final agency action for 
purposes of judicial review.
    (p) Issuance of a non-transferable license. A non-transferable 
license will be issued to a person upon acceptance of his or her appeal 
of an initial administrative determination denying an application for a 
license for license limitation groundfish or crab species under 
Sec. 679.4(k). This non-transferable license authorizes a person to 
conduct directed fishing for groundfish or directed fishing for crab 
species and will have specific endorsements and designations

[[Page 601]]

based on the person's claims in his or her application for a license. 
This non-transferable license expires upon the resolution of the appeal.

[61 FR 31230, June 19, 1996, as amended at 62 FR 17753, Apr. 11, 1997; 
63 FR 52657, Oct. 1, 1998; 63 FR 64879, Nov. 24, 1998]

    Effective Date Note: At 63 FR 52657, Oct. 1, 1998, Sec. 679.43 was 
amended by adding paragraph (p), effective Jan. 1, 2000.



Sec. 679.44  Penalties.

    Any person committing, or a fishing vessel used in the commission 
of, a violation of the Magnuson-Stevens Act or Halibut Act, or any 
regulation issued under the Magnuson-Stevens Act or Halibut Act, is 
subject to the civil and criminal penalty provisions and civil 
forfeiture provisions of the Magnuson-Stevens 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--Groundfish Observer Program

    Source: 61 FR 56431, Nov. 1, 1996, unless otherwise noted.



Sec. 679.50  Groundfish Observer Program applicable through December 31, 2000.

    (a) General. Operators of vessels possessing a Federal fisheries 
permit under Sec. 679.4(b)(1) and processors that possess a Federal 
processor permit under Sec. 679.4(f)(1), must comply with this section. 
The owner of a fishing vessel subject to this part or a processor 
subject to this part must ensure that the operator or manager complies 
with this section and is jointly and severally liable for such 
compliance. Observer coverage for the CDQ fisheries obtained in 
compliance with paragraphs (c)(4) and (d)(4) of this section may not be 
used to comply with observer coverage requirements for non-CDQ 
groundfish fisheries specified in this section.
    (b) Purpose. The purpose of the Groundfish Observer Program is to 
allow observers to collect Alaska fisheries data deemed by the Regional 
Administrator to be necessary and appropriate for management, compliance 
monitoring, and research of groundfish fisheries and for the 
conservation of marine resources or their environment.
    (c) Observer requirements for vessels. (1) Observer coverage is 
required as follows:
    (i) A mothership of any length that processes 1,000 mt or more in 
round-weight equivalent of groundfish during a calendar month is 
required to have an observer aboard the vessel each day it receives or 
processes groundfish during that month.
    (ii) A mothership of any length that processes from 500 mt to 1,000 
mt in round-weight equivalent of groundfish during a calendar month is 
required to have an 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 catcher vessel operational area during the second pollock 
season that starts on September 1 under Sec. 679.23(e)(2) is required to 
have a second observer aboard, in addition to the observer required 
under paragraphs (c)(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, whichever occurs first.
    (iv) A catcher/processor or catcher vessel 125 ft (38.1 m) LOA or 
longer must carry an observer during 100 percent of its fishing days 
except for a vessel fishing for groundfish with pot gear as provided in 
paragraph (c)(1)(vii) of this section.
    (v) A catcher/processor or catcher vessel equal to or greater than 
60 ft (18.3 m) LOA, but less than 125 ft (38.1 m) LOA, that participates 
for more than 3 fishing days in a directed fishery for groundfish in a 
calendar quarter must carry an observer during at least 30 percent of 
its fishing days in that calendar quarter and at all times during at 
least one fishing trip in that calendar quarter for each of the 
groundfish fishery categories defined under paragraph (c)(2) of this 
section in which the vessel participates.
    (vi) A catcher/processor or catcher vessel fishing with hook-and-
line gear

[[Page 602]]

that is required to carry an observer under paragraph (c)(1)(v) of this 
section must carry an observer during at least one entire fishing trip 
using hook-and-line gear in the Eastern Regulatory Area of the GOA 
during each calendar quarter in which the vessel participates in a 
directed fishery for groundfish in the Eastern Regulatory Area using 
hook-and-line gear.
    (vii) A catcher/processor or catcher vessel equal to or greater than 
60 ft (18.3 m) LOA fishing with pot gear that participates for more than 
3 fishing days in a directed fishery for groundfish in a calendar 
quarter must carry an observer during at least 30 percent of its fishing 
days while using pot gear in that calendar quarter and during at least 
one entire fishing trip using pot gear in a calendar quarter for each of 
the groundfish fishery categories defined under paragraph (c)(2) of this 
section in which the vessel participates.
    (viii) Red King Crab Savings Area. (A) Any catcher/processor or 
catcher vessel used to fish for groundfish in the Red King Crab Savings 
area must carry an observer during 100 percent of its fishing days in 
which the vessel uses pelagic trawl gear, pot, jig, or longline gear.
    (B) Any catcher/processor or catcher vessel used to fish for 
groundfish in the Red King Crab Savings Subarea and subject to this 
subarea being open to vessels fishing for groundfish with non-pelagic 
trawl gear under Sec. 679.21(e)(3)(ii)(B), must carry an observer during 
100 percent of its fishing days in which the vessel uses non-pelagic 
trawl gear.
    (ix) Nearshore Bristol Bay Trawl Closure. Any catcher/processor or 
catcher vessel used to fish for groundfish in the Nearshore Bristol Bay 
Trawl Closure area must carry an observer during 100 percent of its 
fishing days in which the vessel uses trawl gear.
    (2) Groundfish fishery categories requiring separate coverage. 
Directed fishing for groundfish, during any fishing trip, that results:
    (i) 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 
(c)(2).
    (ii) 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 that is specified as a separate groundfish fishery under 
this paragraph (c)(2).
    (iii) 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 (c)(2).
    (iv) Rockfish fishery. In a retained aggregate catch of rockfish 
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 (c)(2).
    (v) Flatfish fishery. In a retained aggregate catch of all flatfish 
species, except Pacific 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 (c)(2).
    (vi) 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 (c)(2) (i) through (v) of 
this section.
    (3) Assignment of vessels to fisheries. At the end of any fishing 
trip, a vessel's retained catch of groundfish species or species groups 
for which a TAC has been specified under Sec. 679.20, in round-weight 
equivalent, will determine to which fishery category listed under 
paragraph (c)(2) of this section the vessel is assigned.
    (i) Catcher/processors. A catcher/processor will be assigned to a 
fishery category based on the retained groundfish catch composition 
reported on the vessel's weekly production report submitted to the 
Regional Administrator under Sec. 679.5(i).
    (ii) Catcher vessel delivery in Federal waters. A catcher vessel 
that delivers to a mothership in Federal waters will be assigned to a 
fishery category based on the retained groundfish catch composition 
reported on the weekly production report submitted to the Regional 
Administrator for that week by the mothership under Sec. 679.5(i).

[[Page 603]]

    (iii) Catcher vessel delivery in Alaska State waters. A catcher 
vessel that delivers groundfish to a shoreside processor or to a 
mothership processor vessel 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.
    (4) Groundfish and halibut CDQ fisheries. The owner or operator of a 
vessel groundfish CDQ fishing or halibut CDQ fishing as defined at 
Sec. 679.2 must comply with the following minimum observer coverage 
requirements each day that the vessel is used to harvest, transport, 
process, deliver, or take deliveries of CDQ or PSQ species. The time 
required for the CDQ observer to complete sampling, data recording, and 
data communication duties shall not exceed 12 hours in each 24-hour 
period, and, the CDQ observer is required to sample no more than 9 hours 
in each 24-hour period.
    (i) Motherships or catcher/processors using trawl gear. A mothership 
or catcher/processor using trawl gear must have at least two CDQ 
observers as described at paragraphs (h)(1)(i)(D) and (E) of this 
section aboard the vessel, at least one of whom must be certified as a 
lead CDQ observer.
    (ii) Catcher/processors using hook-and-line gear. A catcher/
processor using hook-and-line gear must have at least two CDQ observers 
as described at paragraphs (h)(1)(i)(D) and (E) of this section aboard 
the vessels, unless NMFS approves a CDP authorizing the vessel to carry 
only one lead CDQ observer. At least one of the CDQ observers must be 
certified as a lead CDQ observer. NMFS may approve a CDP authorizing the 
vessel to carry only one lead CDQ observer if the CDQ group supplies 
vessel logbook or observer data that demonstrates that one CDQ observer 
can sample each CDQ set for species composition in one 12-hour shift per 
fishing day. NMFS will not approve a CDP that would require the observer 
to divide a 12-hour shift into shifts of less than 6 hours.
    (iii) Catcher/processors using pot gear. A catcher/processor using 
pot gear must have at least one lead CDQ observer as described at 
paragraph (h)(1)(i)(E) of this section aboard the vessel.
    (iv) Catcher vessel. A catcher vessel equal to or greater than 60 ft 
(18.3 m), except a catcher vessel that delivers only unsorted codends to 
a processor or another vessel, must have at least one lead CDQ observer 
as described at paragraph (h)(1)(i)(E) of this section aboard the 
vessel.
    (d) Observer requirements for shoreside processors. Observer 
coverage is required as follows. A shoreside processor that:
    (1) Processes 1,000 mt or more in round-weight equivalent of 
groundfish during a calendar month is required to have an observer 
present at the facility each day it receives or processes groundfish 
during that month.
    (2) Processes 500 mt to 1,000 mt in round-weight equivalent of 
groundfish during a calendar month is required to have an observer 
present at the facility at least 30 percent of the days it receives or 
processes groundfish during that month.
    (3) Offloads pollock at more than one location on the same dock and 
has distinct and separate equipment at each location to process those 
pollock and that receives pollock harvested by catcher vessels in the 
catcher vessel operational area during the second pollock season that 
starts on September 1, under Sec. 679.23(e)(2), is required to have an 
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, whichever 
occurs first.
    (4) Groundfish and halibut CDQ fisheries. Each shoreside processor 
required to have a Federal processor permit under Sec. 679.4(f) and 
taking deliveries of CDQ or PSQ from vessels groundfish CDQ fishing as 
defined at Sec. 679.2 or taking deliveries from vessels equal to or 
greater than 60 ft (18.3 m) LOA that are halibut CDQ fishing must have 
at least one lead CDQ observer as described at paragraph (h)(1)(i)(E) of 
this section present at all times while CDQ is being received or 
processed. The time required for the CDQ observer to complete sampling, 
data recording, and

[[Page 604]]

data communication duties shall not exceed 12 hours in each 24-hour 
period, and the CDQ observer is required to sample no more than 9 hours 
in each 24-hour period.
    (e) Inseason adjustments in observer coverage requirements. (1) The 
Regional Administrator may adjust the observer coverage requirements set 
out under paragraphs (c) and (d) of this section at any time to improve 
the accuracy, reliability, and availability of observer data, so long as 
the changes are based on one or more of the following:
    (i) A finding that fishing methods, times, or areas, or catch or 
bycatch composition for a specific fishery or fleet component have 
changed significantly, or are likely to change significantly.
    (ii) A finding that such modifications are necessary to improve data 
availability or quality in order to meet specific fishery management 
objectives.
    (2) Procedure. Observer coverage requirements may be adjusted in 
accordance with Sec. 679.25(c). NMFS must publish changes in observer 
coverage requirements in the Federal Register, with the reasons for the 
changes and any special instructions to vessels or shoreside processors 
required to carry observers, at least 10 calendar days prior to their 
effective date.
    (f) Responsibilities--(1) Vessel responsibilities. An operator of a 
vessel required to carry one or more observers must:
    (i) Accommodations and food. Provide, at no cost to observers 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.
    (ii) Safe conditions. (A) Maintain safe conditions on the vessel for 
the protection of observers including adherence to all U.S. Coast Guard 
and other applicable rules, regulations, or statutes pertaining to safe 
operation of the vessel.
    (B) Have on board:
    (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 I;
    (2) A certificate of compliance issued pursuant to 46 CFR 28.710; or
    (3) A valid certificate of inspection pursuant to 46 U.S.C. 3311.
    (iii) Transmission of data. Facilitate transmission of observer data 
by:
    (A) Observer use of equipment. 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 or the United States.
    (B) Communication equipment requirements--(1) Hardware and software. 
Providing for use by the observer a personal computer in working 
condition that contains a full 486DX 66Mhz or greater capacity 
processing chip, at least 16 megabytes of RAM, at least 75 megabytes of 
free hard disk storage, DOS version 6.0 or a successor version of the 
DOS operating system, Windows 3.1, 3.11, or Windows95 (or equivalent and 
compatible software approved by NMFS), a mouse, and a 3.5-inch floppy 
disk drive. The computer equipment specified in this paragraph (B) must 
be connected to either an INMARSAT Standard C unit capable of 
transmitting binary files or a communication device that provides a 
point-to-point modem connection to the NMFS host computer and supports 
one or more of the following protocols: ITU V.22, ITU V.22bis, ITU V.32, 
ITU V.32bis, or ITU V.34. Those processors that use other than an 
INMARSAT Standard C unit must have at least a 28.8kbs Hayes-compatible 
modem. The above-specified hardware and software requirements do not 
apply to processors that do not process groundfish.
    (2) NMFS-supplied Software. Ensuring that each mothership that is 
required to have a second observer aboard under paragraph (c)(iii) of 
this section, obtains the data entry software provided by the Regional 
Administrator for use by the observer.
    (C) Functional and operational equipment. Ensuring that the 
communication equipment that is on motherships as specified at paragraph 
(f)(1)(iii)(B) of this section, and that is used by observers to enter 
and transmit data, is fully functional and operational.
    (iv) Vessel position. Allow observers access to, and the use of, the 
vessel's

[[Page 605]]

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) Records. 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) Collecting bycatch when requested by the observers.
    (D) Collecting and carrying baskets of fish when requested by 
observers.
    (E) Allowing observers to determine the sex of fish when this 
procedure will not decrease the value of a significant portion of the 
catch.
    (ix) 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 do the following:
    (i) Safe conditions. Maintain safe conditions at the shoreside 
processing facility 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 the observers, as requested, of 
the planned facility operations and expected receipt of groundfish prior 
to receipt of those fish.
    (iii) Transmission of data. Facilitate transmission of observer data 
by:
    (A) Observer use of equipment. 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 or the United States.
    (B) Communication equipment requirements--(1) Hardware and software. 
Making available for use by the observer a personal computer in working 
condition that contains a full 486DX 66Mhz or greater capacity 
processing chip, at least 16 megabytes of RAM, at least 75 megabytes of 
free hard disk storage, DOS version 6.0 or a successor version of the 
DOS operating system, Windows 3.1, 3.11, or Windows95 (or equivalent and 
compatible software approved by NMFS), at least a 28.8kbs Hayes-
compatible modem, a mouse, and a 3.5-inch floppy disk drive. The 
computer equipment specified in this paragraph (B) must be connected to 
a communication device that provides a point-to-point modem connection 
to the NMFS host computer and supports one or more of the following 
protocols: ITU V.22, ITU V.22bis, ITU V.32, ITU V.32bis, or ITU V.34. 
The above-specified hardware and software requirements do not apply to 
processors that do not process groundfish.
    (2) NMFS-supplied software. Ensuring that each shoreside processor 
that is required to have an additional observer under paragraph (d)(3) 
of this section, obtains the data entry software provided by the 
Regional Administrator for use by the observer.

[[Page 606]]

    (C) Functional and operational equipment. Ensuring that the 
communication equipment that is in the shoreside processor as specified 
at paragraph (f)(2)(iii)(B) 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.
    (g) Procurement of observer services. Owners of vessels or shoreside 
processors required to carry observers under paragraphs (c) and (d) of 
this section must arrange for observer services from an observer 
contractor or contractors. A list of observer contractors is available 
upon request from the Observer Program Office.
    (h) Certification and decertification of observers--(1) 
Certification of observers--(i) Requirements. NMFS will certify 
individuals who:
    (A) Meet education and/or experience standards available from the 
Observer Program Office.
    (B) Have successfully completed a NMFS-approved observer training 
and/or briefing as prescribed by NMFS and available from the Observer 
Program Office.
    (C) Have not been suspended or decertified under paragraph (j) of 
this section.
    (D) For purposes of the groundfish CDQ fisheries, a NMFS-certified 
CDQ observer must meet the following requirements.
    (1) Be a prior observer in the groundfish fisheries off Alaska who 
has completed at least 60 days of observer data collection.
    (2) Receive the rating of 1 for ``meets expectations'' or 2 for 
``exceptional'' by NMFS for his or her most recent deployment.
    (3) Successfully complete a NMFS-approved CDQ observer training and/
or briefing as prescribed by NMFS and available from the Observer 
Program Office.
    (4) Comply with all of the other requirements of this section.
    (E) In addition to the requirements in paragraph (h)(1)(i)(D) of 
this section, to be certified as a ``lead CDQ observer'', an observer 
must meet the following requirements.
    (1) A ``lead CDQ observer'' on a catcher/processor using trawl gear 
or a mothership must have completed two observer cruises (contracts) and 
sampled at least 100 hauls on a catcher/processor using trawl gear or a 
mothership.
    (2) A ``lead CDQ observer'' on a catcher vessel using trawl gear 
must have completed two observer cruises (contracts) and sampled at 
least 50 hauls on a catcher vessel using trawl gear.
    (3) A ``lead CDQ observer'' on a vessel using nontrawl gear must 
have completed two observer cruises (contracts) of at least 10 days each 
and sampled at least 60 sets on a vessel using nontrawl gear.
    (4) A ``lead CDQ observer'' in a shoreside processing plant must 
have observed at least 30 days in a shoreside processing plant.
    (ii) Term. An observer's certification expires upon completion of a 
deployment. Observers can be decertified or suspended by NMFS under 
paragraph (j) of this section.
    (2) Standards of observer conduct--(i) Conflict of interest.
    (A) Observers:
    (1) May not have a direct financial interest, other than the 
provision of observer services, in a North Pacific fishery, including, 
but not limited to, vessels or shoreside facilities involved in the 
catching or processing of the

[[Page 607]]

products of the fishery, concerns selling supplies or services to these 
vessels or shoreside facilities, or concerns purchasing raw or processed 
products from these vessels or shoreside facilities.
    (2) May not solicit or accept, directly or indirectly, any gratuity, 
gift, favor, entertainment, loan, or anything of monetary value from 
anyone who conducts activities that are regulated by NMFS, or who has 
interests that may be substantially affected by the performance or 
nonperformance of the observers' official duties.
    (3) May not serve as observers on any vessel or at any shoreside 
facility owned or operated by a person who previously employed the 
observers.
    (4) May not solicit or accept employment as a crew member or an 
employee of a vessel or shoreside processor in a North Pacific fishery 
while under contract with an observer contractor.
    (B) Provisions for remuneration of observers under this section do 
not constitute a conflict of interest under this paragraph (h)(2).
    (ii) Standards of behavior. Observers must avoid any behavior that 
could adversely affect the confidence of the public in the integrity of 
the Observer Program or of the government, including but not limited to 
the following:
    (A) Observers must diligently perform their assigned duties.
    (B) Observers must accurately record their sampling data, write 
complete reports, and report honestly any suspected violations of 
regulations relevant to conservation of marine resources or their 
environment that are observed.
    (C) Observers must not disclose collected data and observations made 
on board the vessel or in the processing facility to any person except 
the owner or operator of the observed vessel or processing facility, an 
authorized officer, or NMFS.
    (D) Observers must refrain from engaging in any illegal actions or 
any other activities that would reflect negatively on their image as 
professional scientists, on other observers, or on the Observer Program 
as a whole. This includes, but is not limited to:
    (1) Engaging in excessive drinking of alcoholic beverages;
    (2) Engaging in the use or distribution of illegal drugs; or
    (3) Becoming physically or emotionally involved with vessel or 
processing facility personnel.
    (i) Certification and decertification of observer contractors--(1) 
Certification of observer contractors--(i) Application. An applicant 
seeking to become an observer contractor must submit an application to 
the Regional Administrator describing the applicant's ability to carry 
out the responsibilities and duties of an observer contractor as set out 
in paragraph (i)(2) of this section and the arrangements and methods to 
be used. Observer contractors who were certified prior to January 1, 
1999, and who have provided observer services during 1998 are exempt 
from this requirement to submit an application and are certified for the 
term specified in paragraph (i)(1)(iii) of this section.
    (ii) Selection. The Regional Administrator may select one or more 
observer contractors based on the information submitted by applicants 
under paragraph (i)(1)(i) of this section and on other selection 
criteria that are available from the Observer Program Office.
    (iii) Term. Observer contractors will be certified through December 
31, 2000. NMFS can decertify or suspend observer contractors pursuant to 
paragraph (j) of this section.
    (2) Responsibilities and duties of observer contractors include but 
are not limited to the following:
    (i) Recruiting, evaluating, and hiring qualified candidates to serve 
as observers, including minorities and women.
    (ii) Ensuring that only observers provide observer services.
    (iii) Providing observers as requested by vessels and processors to 
fulfill requirements under paragraphs (c) and (d) of this section.
    (iv) Providing observers' salary, benefits and personnel services in 
a timely manner.
    (v) Providing all logistics to place and maintain the observers 
aboard the fishing vessels or at the site of the processing facility. 
This includes all travel arrangements, lodging and per diem, and any 
other services required to place observers aboard vessels or at 
processing facilities. Unless alternative

[[Page 608]]

arrangements are approved by the Observer Program Office:
    (A) Observers must not be deployed on the same vessel or at the same 
shoreside processor for more than 90 days in a 12-month period.
    (B) A deployment cannot exceed 90 days.
    (C) A deployment cannot include assignments to more than four 
vessels and/or shoreside processors.
    (vi) Supplying alternate observers or prospective observers if one 
or more observers or prospective observers are not approved by NMFS, 
fail to successfully complete observer training or briefing, are injured 
and must be replaced, or resign prior to completion of duties.
    (vii) Maintaining communications with observers at sea and shoreside 
facilities. Each observer contractor must have an employee responsible 
for observer activities on call 24 hours a day to handle emergencies 
involving observers, or problems concerning observer logistics, whenever 
observers are at sea, stationed at shoreside facilities, in transit, or 
in port awaiting boarding.
    (viii) In cooperation with vessel or processing facility owners, 
ensuring that all observers' in-season catch messages and other required 
transmissions between observers and NMFS are delivered to NMFS within a 
time specified by the Regional Administrator.
    (ix) Ensuring that observers complete mid-deployment data reviews 
when required.
    (x) Ensuring that observers complete debriefing as soon as possible 
after the completion of their deployment and at locations specified by 
the Regional Administrator.
    (xi) Ensuring all data, reports, and biological samples from 
observer deployments are complete and submitted to NMFS at the time of 
the debriefing interview.
    (xii) Ensuring that all sampling and safety gear are returned to the 
Observer Program Office and that any gear and equipment lost or damaged 
by observers is replaced according to NMFS requirements.
    (xiii) Monitoring observers' performance to ensure satisfactory 
execution of duties by observers and observer conformance with NMFS' 
standards of observer conduct under paragraph (h)(2) of this section.
    (xiv) Providing the following information to the Observer Program 
Office by electronic transmission (e-mail), fax, or other method 
specified by NMFS.
    (A) Observer training registration consisting of a list of 
individuals to be hired upon approval by NMFS and a copy of each 
person's academic transcripts, resume, and application for observer 
employment. The list must include the person's name and sex. The 
person's social security number is requested. Observer briefing 
registration consisting of a list of the observer's name, requested 
briefing class date, and briefing location. If the Observer Program 
Office has excused an observer from attending a briefing, the briefing 
registration must also include the names of observers excused from 
briefing, the date the observer was excused, and the name of the NMFS 
staff person granting the excuse. This information must be submitted to 
the Observer Program Office at least 5 working days prior to the 
beginning of a scheduled observer certification training or briefing 
session.
    (B) Projected observer assignments that include the observer's name; 
vessel or shoreside processor assignment, type, and code; port of 
embarkation; target species; and area of fishing. This information must 
be submitted to the Observer Program Office prior to the completion of 
the training or briefing session.
    (C) Observer deployment/logistics reports that include the 
observer's name, cruise number, current vessel or shoreside processor 
assignment and code, embarkation date, and estimated and actual 
disembarkation dates. This information must be submitted weekly as 
directed by the Observer Program Office.
    (D) Observer debriefing registration that includes the observer's 
name, cruise number, vessel or shoreside processor name(s), and 
requested debriefing date.
    (E) Copies of ``certificates of insurance'' that name the NMFS 
Observer Program Task Leader as a ``certificate holder''. The 
certificates of insurance

[[Page 609]]

shall verify the following coverage provisions and state that the 
insurance company will notify the certificate holder if insurance 
coverage is changed or cancelled:
    (1) Maritime Liability to cover ``seamen's'' claims under the 
Merchant Marine Act (Jones Act) and General Maritime Law ($1 million 
minimum).
    (2) Coverage under the U.S. Longshore and Harbor Workers' 
Compensation Act ($1 million minimum).
    (3) States Workers' Compensation as required.
    (4) Commercial General Liability.
    (F) Notification that, based upon a physical examination during the 
12 months prior to an observer's deployment, an examining physician has 
certified that an observer does not have any health problems or 
conditions that would jeopardize the observer's safety or the safety of 
others while deployed, or prevent the observer from performing his or 
her duties satisfactorily, and that prior to examination, the certifying 
physician was made aware of the dangerous, remote and rigorous nature of 
the work. This information, including the date of the physical 
examination, must be submitted prior to the completion of the training 
or briefing session.
    (G) A completed and unaltered copy of each type of signed and valid 
contract (including all attachments, appendices, addendums, and exhibits 
incorporated into the contract) an observer contractor has with those 
entities requiring observer services under paragraphs (c) and (d) of 
this section and with observers. Completed and unaltered copies of 
signed and valid contracts with specific entities requiring observer 
services or with specific observers must be submitted to the Observer 
Program Office upon request. Types of signed and valid contracts include 
the contracts an observer contractor has with:
    (1) Vessels required to have observer coverage as specified at 
paragraphs (c)(1)(i) and (iv) of this section,
    (2) Vessels required to have observer coverage as specified at 
paragraphs (c)(1)(ii), (v), and (vii) of this section,
    (3) Shoreside processors required to have observer coverage as 
specified at paragraph (d)(1)(i) of this section,
    (4) Shoreside processors required to have observer coverage as 
specified at paragraph (d)(1)(ii) of this section,
    (5) Observers (to include contracts for the various compensation or 
salary levels of observers, the levels being based on observer 
experience).
    (6) Required copies of contracts must be submitted by mail or faxed 
to: NMFS Observer Program Office, 7600 Sandpoint Way Northeast, Seattle, 
WA 98115-0070; fax number 206-526-4066.
    (H) Reports of observer harassment, concerns about vessel or 
processor safety, or observer performance problems must be submitted 
within 24 hours after the observer contractor becomes aware of the 
problem.
    (3) Conflict of interest. Observer contractors:
    (i) Must not have a direct financial interest, other than the 
provision of observer services, in a North Pacific fishery, including, 
but not limited to, vessels or shoreside facilities involved in the 
catching or processing of the products of the fishery, concerns selling 
supplies or services to these vessels or shoreside facilities, or 
concerns purchasing raw or processed products from these vessels or 
shoreside facilities.
    (ii) Must assign observers without regard to any preference by 
representatives of vessels and shoreside facilities based on observer 
race, gender, age, religion, or sexual orientation.
    (iii) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from anyone who conducts activities that are regulated by NMFS, or 
who has interests that may be substantially affected by the performance 
or nonperformance of the official duties of observer contractors.
    (j) Suspension and Decertification Process--(1) Applicability. This 
paragraph (j) sets forth the procedures for suspension and 
decertification of observers and observer contractors under this 
section.
    (2) Policy. (i) NMFS must certify responsible and qualified 
observers and observer contractors only. Suspension and decertification 
are discretionary actions that, taken in accordance with this section, 
are appropriate means to effectuate this policy.

[[Page 610]]

    (ii) The serious nature of suspension and decertification requires 
that these actions be taken only in the public interest for the 
promotion of fishery conservation and management and not for purposes of 
punishment. NMFS may impose suspension or decertification only for the 
causes and in accordance with the procedures set forth in this section.
    (iii) In addition to suspension and decertification, observers and 
observer contractors who violate provisions of this part may be subject 
to penalties, fines, and other sanctions as authorized by law.
    (3) Public availability of suspension or decertification records. 
Public availability of suspension or decertification records will depend 
upon the provisions of the Freedom of Information Act and other 
applicable law.
    (4) Effect and timing of suspension or decertification. (i) 
Observers or observer contractors decertified or suspended must not 
provide services prescribed by this section to vessels and shoreside 
processors.
    (ii) Suspension and decertification actions may be combined and 
imposed simultaneously.
    (iii) Suspension or decertification of observer contractors includes 
all divisions or other organizational elements of observer contractors, 
unless the suspension or decertification decision is limited by its 
terms to specific divisions or organizational elements. The suspending 
or decertifying official may, at his or her sole discretion, include any 
affiliates of observer contractors if they are specifically named and 
given written notice of the suspension or proposed decertification and 
an opportunity to respond under paragraph (j)(5)(iii)(B) or 
(j)(6)(iii)(C) of this section.
    (5) Suspension--(i) General. (A) The suspending official may, in the 
public interest, suspend observers or observer contractors for any of 
the causes in paragraph (j)(5)(ii) of this section, using the procedures 
in paragraph (j)(5)(iii) of this section.
    (B) Suspension may be imposed on the basis of adequate evidence, 
pending the completion of investigation or legal proceedings, when NMFS 
determines that immediate action is necessary. In assessing the adequacy 
of the evidence, the suspending official should consider how much 
information is available, how credible it is given the circumstances, 
whether or not important allegations are corroborated, and what 
inferences can reasonably be drawn as a result.
    (ii) Causes for suspension. The suspending official may suspend 
observers or observer contractors:
    (A) Upon a determination, based upon adequate evidence, that 
observers or observer contractors committed any acts or omissions 
constituting a cause for decertification under paragraph (j)(6)(ii) of 
this section; or
    (B) Upon indictment for any of the causes for decertification in 
(j)(6)(ii)(A)(1) or (j)(6)(ii)(B)(1) of this section.
    (iii) Procedures--(A) Review. The suspending official must review 
all available evidence and must promptly determine whether or not to 
proceed with suspension. The suspending official may refer the matter to 
the NMFS investigator for further investigation, or to the decertifying 
officer.
    (B) Notice of suspension. When observers or observer contractors and 
any specifically named affiliates are suspended, they must be 
immediately advised personally or by certified mail, return receipt 
requested, at the last known residence or place of business:
    (1) That they have been suspended and that the suspension is based 
on an indictment or other adequate evidence that observers or observer 
contractors have committed acts or omissions constituting grounds for 
suspension under (j)(5)(ii) of this section. Such acts or omissions may 
be described in terms sufficient to place observers or observer 
contractors on notice without disclosing NMFS' evidence.
    (2) That the suspension is for a temporary period pending the 
completion of an investigation and such decertification proceedings as 
may ensue.
    (3) Of the cause(s) relied upon under paragraph (j)(5)(ii) of this 
section for imposing suspension.
    (4) Of the effect of the suspension.
    (5) That, within 30 days after receipt of the notice, the observers 
or observer contractors may submit, in writing, documentary evidence and 
argument in

[[Page 611]]

opposition to the suspension, including any additional specific 
documentary evidence that raises a genuine dispute over the material 
facts.
    (6) That additional proceedings to determine disputed material facts 
may be conducted unless:
    (i) The action is based on an indictment; or
    (ii) A determination is made, on the basis of NOAA General Counsel 
advice, that the substantial interests of the government in pending or 
contemplated legal proceedings based on the same facts as the suspension 
would be prejudiced.
    (C) Dispute. For suspensions not based on an indictment, if NMFS 
determines that the observers' or observer contractors' submission in 
opposition raises a genuine dispute over facts material to the 
suspension and if no determination has been made, on the basis of NOAA 
General Counsel advice, that substantial interests of the government in 
pending or contemplated legal proceedings based on the same facts as the 
suspension would be prejudiced, the suspending official:
    (1) Must afford observers or observer contractors an opportunity to 
submit additional documentary evidence upon a showing that such 
documentary evidence was unavailable during the 30-day period following 
receipt of the notice of suspension.
    (2) May, at his or her sole discretion, afford observers or observer 
contractors an opportunity to appear in person, present witnesses, and 
confront any person NMFS presents. The suspending official must make an 
audio tape of the proceedings and make a copy available at cost to 
observers or observer contractors upon request, unless observers or 
observer contractors and NMFS, by mutual agreement, waive the 
requirement for an audio tape.
    (D) Suspending official's decision. (1) The suspending official's 
decision must be based on all the information in the administrative 
record, including any submission made by observers or observer 
contractors on action based on an indictment:
    (i) In which observers or observer contractors' submissions do not 
raise a genuine dispute over material facts; or
    (ii) In which additional proceedings to determine disputed material 
facts have been denied on the basis of NOAA General Counsel advice.
    (2) In actions in which additional proceedings are necessary as to 
disputed material facts, written findings of fact must be prepared. The 
suspending official must base the decision on the facts as found, 
together with any information and argument submitted by observers or 
observer contractors and any other information in the administrative 
record.
    (3) The suspending official may refer matters involving disputed 
material facts to another official for findings of fact. The suspending 
official may reject any such findings, in whole or in part.
    (4) The suspending official's decision must be made after the 
conclusion of the proceedings with respect to disputed facts.
    (5) Prompt written notice of the suspending official's decision to 
affirm, modify, or terminate the notice of suspension issued under this 
paragraph (j)(5) must be served on observers or observer contractors and 
any affiliates involved, personally or by certified mail, return receipt 
requested, at the last known residence or place of business.
    (E) Period of suspension. (1) Suspension is for a temporary period 
pending the completion of any investigation and any ensuing legal 
proceedings or decertification proceedings, including any administrative 
review under paragraph (j)(7) of this section, unless sooner terminated 
by the suspending official or as provided under this paragraph (j). If 
suspension is in effect, the decertifying official will expedite any 
related decertification proceedings.
    (2) If legal proceedings or decertification proceedings are not 
initiated within 12 months after the date of the suspension notice, the 
suspension must be terminated.
    (F) Scope of suspension for observer contractors. The scope of 
suspension must be the same as that for decertification under paragraph 
(j)(6)(v), except that the procedures set out under paragraph (j)(5) 
must be used in imposing suspension.

[[Page 612]]

    (6) Decertification--(i) General. The decertifying official may, in 
the public interest, decertify observers or observer contractors for any 
of the causes in paragraph (j)(6)(ii) of this section using the 
procedures in paragraph (j)(6)(iii) of this section. The existence of a 
cause for decertification does not necessarily require that observers or 
observer contractors be decertified; the seriousness of the acts or 
omissions and any mitigating factors should be considered in making any 
decertification decision. The existence or nonexistence of any 
mitigating factors is not necessarily determinative of an observers' or 
observer contractors' present fitness. Accordingly, if a cause for 
decertification exists, observers or observer contractors have the 
burden of demonstrating, to the satisfaction of the decertifying 
official, present fitness and that decertification is not necessary.
    (ii) Causes for decertification--(A) Observers. (1) The decertifying 
official may decertify observers for a conviction of or civil judgment 
for the following:
    (i) Commission of fraud or other violation in connection with 
obtaining or attempting to obtain certification, or in performing the 
duties of observers as prescribed by NMFS;
    (ii) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, or 
receiving stolen property; or
    (iii) Commission of any other offense indicating a lack of integrity 
or honesty that seriously and directly affects the present fitness of 
observers.
    (2) The decertifying official may decertify observers, based upon a 
preponderance of the evidence, upon a determination that observers have:
    (i) Failed to satisfactorily perform the duties of observers as 
prescribed by NMFS; or
    (ii) Failed to abide by the standards of conduct for observers as 
prescribed under paragraph (h)(2) of this section.
    (B) Observer contractors. (1) The decertifying official may 
decertify observer contractors for a conviction of or civil judgment for 
the following:
    (i) Commission of fraud or other violation in connection with 
obtaining or attempting to obtain certification, or in performing the 
responsibilities and duties of observer contractors as prescribed under 
paragraph (i)(2) of this section;
    (ii) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, or 
receiving stolen property; or
    (iii) Commission of any other offense indicating a lack of business 
integrity or business honesty that seriously and directly affects the 
present fitness of observer contractors.
    (2) The decertifying official may decertify observer contractors, 
based upon a preponderance of the evidence, upon a determination that 
observer contractors have:
    (i) Failed to satisfactorily perform the responsibilities and duties 
of observer contractors as prescribed under paragraph (i)(2) of this 
section; or
    (ii) A conflict of interest as set out under paragraph (i)(3) of 
this section.
    (iii) Procedures--(A) Investigation and referral. NMFS personnel 
must promptly report to the NMFS investigator matters appropriate for 
further investigation. The NMFS investigator must investigate matters so 
referred and submit the investigative material to the decertifying 
official or, if appropriate, to the suspending official.
    (B) Review. The decertifying official must review all available 
evidence and must promptly determine whether or not to proceed with 
decertification. The decertifying official may refer the matter to the 
NMFS investigator for further investigation or, if appropriate, to the 
suspending official.
    (C) Notice of proposed decertification. If the decertifying official 
determines to proceed with decertification, he or she must serve a 
notice of proposed decertification upon observers or observer 
contractors and any specifically named affiliates, personally or by 
certified mail, return receipt requested, at the last known residence or 
place of business, advising:
    (1) That decertification is being considered.
    (2) Of the reasons for the proposed decertification in terms 
sufficient to put observers or observer contractors on

[[Page 613]]

notice of the conduct or transaction(s) upon which it is based.
    (3) Of the cause(s) relied upon under paragraph (j)(6)(ii) of this 
section for proposing decertification.
    (4) That, within 30 days after receipt of the notice, observers or 
observer contractors may submit, in writing, documentary evidence and 
argument in opposition to the proposed decertification, including any 
additional specific documentary evidence that raises a genuine dispute 
over the material facts.
    (5) Of NMFS' procedures governing decertification decision making.
    (6) Of the effect of the issuance of the notice of proposed 
decertification.
    (7) Of the potential effect of an actual decertification.
    (D) Dispute. In actions not based upon a conviction or civil 
judgment, if it is found that observers' or observer contractors' 
submissions raise a genuine dispute over facts material to the proposed 
decertification, the decertifying official:
    (1) Must afford observers or observer contractors an opportunity to 
submit additional documentary evidence upon a showing that such 
documentary evidence was unavailable during the 30-day period following 
receipt of the notice of proposed decertification.
    (2) May, at his or her sole discretion, afford observers or observer 
contractors an opportunity to appear in person, present witnesses, and 
confront any person NMFS presents. The decertifying official must make 
an audio tape of the proceedings and make a copy available at cost to 
observers or observer contractors upon request, unless observers or 
observer contractors and NMFS, by mutual agreement, waive the 
requirement for an audio tape.
    (E) Decertifying official's decision. (1) In actions based upon a 
conviction or judgment, or in which there is no genuine dispute over 
material facts, the decertifying official must make a decision on the 
basis of all the information in the administrative record, including any 
submission made by observers or observer contractors. The decision must 
be made after receipt of any timely information and argument submitted 
by observers or observer contractors.
    (2) In actions in which additional proceedings are necessary as to 
disputed material facts, written findings of fact must be prepared. The 
decertifying official must base the decision on the facts as found, 
together with any information and argument submitted by observers or 
observer contractors and any other information in the administrative 
record.
    (3) The decertifying official may refer matters involving disputed 
material facts to another official for findings of fact. The 
decertifying official may reject any such findings, in whole or in part.
    (4) The decertifying official's decision must be made after the 
conclusion of the proceedings with respect to disputed facts.
    (5) In any action in which the proposed decertification is not based 
upon a conviction or civil judgment, the cause for decertification may 
be established by a preponderance of the evidence.
    (F) Notice of decertifying official's decision. (1) If the 
decertifying official decides to impose decertification, observers or 
observer contractors and any affiliates involved must be given prompt 
notice personally or by certified mail, return receipt requested, at the 
last known residence or place of business. Such notice must:
    (i) Refer to the notice of proposed decertification.
    (ii) Specify the reasons for decertification.
    (iii) Advise that the decertification is effective immediately, 
unless the decertifying official determines that there is a compelling 
reason for maintaining certification for a specified period under 
conditions and restrictions necessary and appropriate to protect the 
public interest or promote fishery conservation and management and 
states the reasons in the notice.
    (2) If decertification is not imposed, the decertifying official 
must promptly notify observers or observer contractors and any 
affiliates involved, by certified mail, return receipt requested, at the 
last known residence or place of business.

[[Page 614]]

    (iv) Period of decertification. (A) Decertification must be in force 
indefinitely or until rescinded.
    (B) The decertifying official may rescind decertification, upon 
observers' or observer contractors' request, supported by documentation, 
for reasons such as:
    (1) Newly discovered material evidence;
    (2) Reversal of the conviction or civil judgment upon which the 
decertification was based;
    (3) Bona fide change in ownership or management;
    (4) Elimination of other causes for which the decertification was 
imposed; or
    (5) Other reasons the decertifying official deems appropriate.
    (v) Scope of decertification. (A) The improper conduct of any 
officer, director, shareholder, partner, employee, or other individual 
associated with observer contractors may be imputed to the observer 
contractors when the conduct occurred in connection with the performance 
of duties for or on behalf of observer contractors, or with observer 
contractors' knowledge, approval, or acquiescence. Observer contractors' 
acceptance of the benefits derived from the conduct must be evidence of 
such knowledge, approval, or acquiescence.
    (B) The improper conduct of observer contractors may be imputed to 
any officer, director, shareholder, partner, employee, or other 
individual associated with observer contractors who participated in, 
knew of, or had reason to know of the observer contractors' conduct.
    (7) Administrative review of suspension or decertification.
    (i) Observers or observer contractors may petition for review of a 
suspension decision issued under paragraph (j)(5)(iii) of this section 
or a decertification decision issued under paragraph (j)(6)(iii) of this 
section within 30 days after the date the decision was served. The 
petition must be addressed to the appeals officer identified in the 
notice of suspension or decertification. Any petitioned suspension will 
remain in effect pending the appeals officer's written decision to 
affirm, modify or terminate the suspension.
    (ii) Administrative review is discretionary. Petitions for 
discretionary review may be filed only upon one or more of the following 
grounds:
    (A) A finding of material fact is clearly erroneous based upon the 
administrative record;
    (B) A substantial and important question of policy or discretion is 
involved; or
    (C) A prejudicial error has occurred.
    (iii) If the appeals officer declines review based on the written 
petition, observers or observer contractors must be immediately advised 
of the decision to decline review personally or by certified mail, 
return receipt requested, at the last known residence or place of 
business.
    (iv) If the appeals officer grants review based on the written 
petition, he or she may request further written explanation from 
observers, observer contractors, or the decertifying officer or 
suspending officer. The appeals officer will then render a written 
decision to affirm, modify, or terminate the suspension or 
decertification or return the matter to the suspending or decertifying 
official for further findings. The appeals officer must base the 
decision on the administrative records compiled under paragraphs (j)(5) 
or (j)(6) of this section, as appropriate. The appeals officer will 
serve the decision on observers or observer contractors and any 
affiliates involved, personally or by certified mail, return receipt 
requested, at the last known residence or place of business.
    (v) An appeals officer's decision imposing suspension, or 
decertification or an unpetitioned suspending, or decertifying 
official's decision is the final administrative decision of the U.S. 
Department of Commerce.
    (k) 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 615]]

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 
(k)(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 
(k)(2)(i) of this section are collected will not be released.
    (3) Competitive harm. In exceptional circumstances, the owners and 
operators of vessels may provide to the Regional Administrator written 
justification at the time observer data are submitted, or within a 
reasonable time thereafter, that disclosure of the information listed in 
paragraphs (k) (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.

[61 FR 56431, Nov. 1, 1996, as amended at 61 FR 63761, Dec. 2, 1996; 61 
FR 65989, Dec. 16, 1996; 62 FR 60182, Nov. 7, 1997; 62 FR 63891, Dec. 3, 
1997; 62 FR 67760, Dec. 30, 1997; 63 FR 11168, Mar. 6, 1998; 63 FR 
30409, June 4, 1998; 63 FR 69025, Dec. 15, 1998; 64 FR 20215, Apr. 26, 
1999]

    Effective Date Note: At 64 FR 3437, Jan. 22, 1999, Sec. 679.50 was 
amended by adding paragraph (c)(5), effective Jan. 20, 1999, through 
July 19, 1999. At 64 FR 33425, June 23, 1999, the effective date was 
extended from July 19, 1999, through Dec. 31, 1999. For the convenience 
of the user, the added text is set forth as follows:



Sec. 679.50  Groundfish Observer Program applicable through December 21, 2000.

                                * * * * *

    (c) * * *
    (5) Observer coverage under the American Fisheries Act (applicable 
through July 19, 1999). Any catcher/processor listed under section 
208(e)(1) through (20) of the American Fisheries Act is required to have 
two observers aboard the vessel any day it harvests, receives, or 
processes groundfish. One of the two observers must meet the 
qualifications described at paragraph (h)(1)(i)(D) of this section.

                                * * * * *

   Appendix A to Part 679--Performance and Technical Requirements for 
Scales Used To Weigh Catch at Sea in the Groundfish Fisheries Off Alaska

                            Table of Contents

1.  Introduction
2.  Belt Scales
    2.1  Applicability
    2.2  Performance Requirements
    2.2.1  Maximum Permissible Errors
    2.2.1.1  Laboratory Tests
    2.2.1.2  Zero Load Tests
    2.2.1.3  Material Tests
    2.2.2  Minimum Flow Rate (min)
    2.2.3  Minimum Totalized Load (min)
    2.2.4  Influence Quantities

[[Page 616]]

    2.2.4.1  Temperature
    2.2.4.2  Power Supply
    2.3  Technical Requirements
    2.3.1  Indicators and Printers
    2.3.1.1  General
    2.3.1.2  Values Defined
    2.3.1.3  Units
    2.3.1.4  Value of the Scale Division
    2.3.1.5  Range of Indication
    2.3.1.6  Resettable and Non-resettable Values
    2.3.1.7  Rate of Flow Indicator
    2.3.1.8  Printed Information
    2.3.1.9  Permanence of Markings
    2.3.1.10  Power Loss
    2.3.1.11  Adjustable Components
    2.3.1.12  Audit Trail
    2.3.1.13  Adjustments to Scale Weights
    2.3.2  Weighing Elements
    2.3.2.1  Speed Measurement
    2.3.2.2  Conveyer Belt
    2.3.2.3  Overload Protection
    2.3.2.4  Speed Control
    2.3.2.5  Adjustable Components
    2.3.2.6  Motion Compensation
    2.3.3  Installation Conditions
    2.3.4  Marking
    2.3.4.1  Presentation
    2.4  Tests
    2.4.1  Minimum Test Load
    2.4.2  Laboratory Tests
    2.4.2.1  Influence Quantity and Disturbance Tests
    2.4.2.2  Zero-Load Tests
    2.4.2.3  Material Tests
    2.4.3  Annual Scale Inspections
    2.4.3.1  Zero-Load Tests
    2.4.3.2  Material Tests
3. Automatic Hopper Scales
    3.1  Applicability
    3.2  Performance Requirements
    3.2.1  Maximum Permissible Errors
    3.2.1.1  Laboratory Tests
    3.2.1.2  Increasing and Decreasing Load Tests
    3.2.2  Minimum Weighment (min)
    3.2.3  Minimum Totalized Load (Lot)
    3.2.4  Influence Quantities
    3.2.4.1  Temperature
    3.2.4.1.1  Operating Temperature
    3.2.4.2  Power Supply
    3.3  Technical Requirements
    3.3.1  Indicators and Printers
    3.3.1.1  General
    3.3.1.2  Values Defined
    3.3.1.3  Units
    3.3.1.4  Value of the Scale Division
    3.3.1.5  Weighing Sequence
    3.3.1.6  Printing Sequence
    3.3.1.7  Printed Information
    3.3.1.8  Permanence of Markings
    3.3.1.9  Range of Indication
    3.3.1.10  Non-resettable Values
    3.3.1.11  Power Loss
    3.3.1.12  Adjustable Components
    3.3.1.13  Audit Trail
    3.3.1.14  Zero-Load Adjustment
    3.3.1.14.1  Manual
    3.3.1.14.2  Semi-automatic
    3.3.1.15  Damping Means
    3.3.1.16  Adjustments to Scale Weights
    3.3.2  Interlocks and Gate Control
    3.3.3  Overfill Sensor
    3.3.4  Weighing Elements
    3.3.4.1  Overload Protection
    3.3.4.2  Adjustable Components
    3.3.4.3  Motion Compensation
    3.3.5  Installation Conditions
    3.3.6  Marking
    3.3.6.1  Presentation
    3.4  Tests
    3.4.1  Standards
    3.4.2  Laboratory Tests
    3.4.2.1  Influence Quantity and Disturbance Tests
    3.4.2.2  Performance Tests
    3.4.3  Annual Scale Inspections
4. Platform Scales and Hanging Scales
    4.1  Applicability
    4.2  Performance Requirements
    4.2.1  Maximum Permissible Errors
    4.2.1.1  Laboratory Tests
    4.2.1.2  Increasing and Decreasing Load and Shift Tests
    4.2.2  Accuracy Classes
    4.2.3  Minimum Load
    4.2.4  Influence Quantities
    4.2.4.1  Temperature
    4.2.4.1.1  Operating Temperature
    4.2.4.2  Power Supply
    4.3  Technical Requirements
    4.3.1  Indicators and Printers
    4.3.1.1  General
    4.3.1.2  Values Defined
    4.3.1.3  Units
    4.3.1.4  Value of the Scale Division
    4.3.1.5  Printed Information
    4.3.1.6  Permanence of Markings
    4.3.1.7  Power Loss
    4.3.1.8  Adjustable Components
    4.3.1.9  Zero-Load Adjustment
    4.3.1.9.1  Manual
    4.3.1.9.2  Semi-automatic
    4.3.1.10  Damping Means
    4.3.2  Weighing Elements
    4.3.2.1  Overload Protection
    4.3.2.2  Adjustable Components
    4.3.2.3  Motion Compensation
    4.3.3  Installation Conditions
    4.3.4  Marking
    4.3.4.1  Presentation
    4.4  Tests
    4.4.1  Standards
    4.4.2  Laboratory Tests
    4.4.2.1  Influence Quantities and Disturbance Tests
    4.4.2.2  Performance Tests
    4.4.3  Annual Scale Inspections
5. Definitions

 Annex A to Appendix A to Part 679--Influence Quantity and Disturbance 
                                  Tests

A.1  General
A.2  Test considerations

[[Page 617]]

A.3  Tests
    A.3.1  Static Temperatures
    A.3.2  Damp Heat, Steady State
    A.3.3  Power Voltage Variation
    A.3.4  Short Time Power Reduction
    A.3.5  Bursts
    A.3.6  Electrostatic Discharge
    A.3.7  Electromagnetic Susceptibility
A.4 Bibliography

                             1. Introduction

    (a) This appendix to part 679 contains the performance and technical 
requirements for scales to be approved by NMFS for use to weigh, at sea, 
catch from the groundfish fisheries off Alaska. The performance and 
technical requirements in this document have not been reviewed or 
endorsed by the National Conference on Weights and Measures. Regulations 
implementing the requirements of this appendix and additional 
requirements for and with respect to scales used to weigh catch at sea 
are found at 50 CFR 679.28(b).
    (b) Revisions, amendments, or additions to this appendix may be made 
after notice and opportunity for public comments. Send requests for 
revisions, amendments, or additions to the Sustainable Fisheries 
Division, Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802.
    (c) Types of Scales Covered by Appendix--This appendix contains 
performance and technical requirements for belt, automatic hopper, 
platform, and hanging scales.
    (d) Testing and Approval of Scales Used to Weigh Catch at Sea--
Scales used to weigh catch at sea are required to comply with four 
categories of performance and technical requirements: (1) Type 
evaluation; (2) initial inspection after installation while the vessel 
is tied up at a dock and is not under power at sea; (3) annual 
reinspection while the vessel is tied up at a dock and is not under 
power at sea; and (4) daily at-sea tests of the scale's accuracy. This 
appendix contains only the performance and technical requirements for 
type evaluation and initial and annual reinspections by an authorized 
scale inspector.

                             2. Belt Scales

    2.1  Applicability. The requirements in this section apply to a 
scale or scale system that employs a conveyor belt in contact with a 
weighing element to determine the weight of a bulk commodity being 
conveyed across the scale.
    2.2  Performance Requirements--2.2.1 Maximum Permissible Errors. For 
laboratory tests of a scale and initial inspections and annual 
reinspections of an installed scale when the vessel is tied up at a dock 
and is not under power at sea, the following maximum permissible errors 
(MPEs) are specified:
    2.2.1.1  Laboratory Tests. See annex A to this appendix A for 
procedures for disturbance tests and influence factors.
    a. Disturbances. 0.18 percent of the weight of the load 
totalized.
    b. Influence Factors. 0.25 percent of the weight of the 
load totalized.
    c. Temperature Effect at Zero Flow Rate. The difference between the 
values obtained at zero flow rate taken at temperatures that differ by 
10 deg. C 0.2 deg. C must not be greater than 0.035 percent 
of the weight of the load totalized at the maximum flow-rate for the 
time of the test.
    2.2.1.2  Zero Load Tests. For zero load tests conducted in a 
laboratory or on a scale installed on a vessel and conducted when the 
vessel is tied up at a dock and not under power at sea, 0.1 
percent of the value of the minimum totalized load or 1 scale division 
(d), whichever is greater.
    2.2.1.3  Material Tests. For material tests conducted in a 
laboratory or on a scale installed on a vessel and conducted when the 
vessel is tied up at a dock and not under power at sea, 1.0 
percent of the known weight of the test material.
    2.2.2  Minimum Flow Rate (Qmin). The minimum flow rate must be 
specified by the manufacturer and must not be greater than 35 percent of 
the rated capacity of the scale in kilograms per hour (kg/hr) or metric 
tons per hour (mt/hr).
    2.2.3  Minimum Totalized Load (min). The minimum totalized 
load must not be less than the greater of--
    a. Two percent of the load totalized in 1 hour at the maximum flow 
rate;
    b. The load obtained at the maximum flow rate in 1 revolution of the 
belt; or
    c. A load equal to 800 scale divisions (d).
    2.2.4  Influence Quantities. The following requirements apply to 
influence factor tests conducted in the laboratory.
    2.2.4.1  Temperature. A belt scale must comply with the performance 
and technical requirements at a range of temperatures from -10 deg. C to 
+40 deg. C. However, for special applications the temperature range may 
be different, but the range must not be less than 30 deg. C and must be 
so specified on the scale's descriptive markings.
    2.2.4.2  Power Supply. A belt scale must comply with the performance 
and technical requirements when operated within a range of -15 percent 
to +10 percent of the power supply specified on the scale's descriptive 
markings.
    2.3.1  Technical Requirements.
    2.3.1  Indicators and Printers.
    2.3.1.1  General. A belt scale must be equipped with an indicator 
capable of displaying both the weight of fish in each haul or set and 
the cumulative weight of all fish or other material weighed on the scale 
between annual inspections (``the cumulative weight''), a rate of flow 
indicator, and a

[[Page 618]]

printer. The indications and printed representations must be clear, 
definite, accurate, and easily read under all conditions of normal 
operation of the belt scale.
    2.3.1.2  Values Defined. If indications or printed representations 
are intended to have specific values, these must be defined by a 
sufficient number of figures, words, or symbols, uniformly placed with 
reference to the indications or printed representations and as close as 
practicable to the indications or printed representations but not so 
positioned as to interfere with the accuracy of reading.
    2.3.1.3  Units. The weight of each haul or set must be indicated in 
kilograms, and the cumulative weight must be indicated in either 
kilograms or metric tons and decimal subdivisions.
    2.3.1.4  Value of the Scale Division. The value of the scale 
division (d) expressed in a unit of weight must be equal to 1, 2, or 5, 
or a decimal multiple or sub-multiple of 1, 2, or 5.
    2.3.1.5  Range of Indication. The range of the weight indications 
and printed values for each haul or set must be from 0 kg to 999,999 kg 
and for the cumulative weight must be from 0 to 99,999 metric tons.
    2.3.1.6  Resettable and Non-resettable Values. The means to indicate 
the weight of fish in each haul or set must be resettable to zero. The 
means to indicate the cumulative weight must not be resettable to zero 
without breaking a security means and must be reset only upon direction 
of NMFS or an authorized scale inspector.
    2.3.1.7  Rate of Flow Indicator. Permanent means must be provided to 
produce an audio or visual signal when the rate of flow is less than the 
minimum flow rate or greater than 98 percent of the maximum flow rate.
    2.3.1.8  Printed Information. The information printed must include--
    a. For catch weight:
    i. The vessel name;
    ii. The Federal fisheries or processor permit number of the vessel;
    iii. The haul or set number;
    iv. The month, day, year, and time (to the nearest minute) weighing 
catch from the haul or set started;
    v. The month, day, year, and time (to the nearest minute) weighing 
catch from the haul or set ended;
    vi. The total weight of catch in each haul or set;
    vii. The total cumulative weight of all fish or other material 
weighed on the scale; and
    viii. The date and time the information is printed.
    b. For the audit trail:
    i. The vessel name;
    ii. The Federal fisheries or processor permit number of the vessel;
    iii. The date and time (to the nearest minute) that the adjustment 
was made;
    iv. The name or type of adjustment being made; and
    v. The initial and final values of the parameter being changed.
    2.3.1.9  Permanence of Markings. All required indications, markings, 
and instructions must be distinct and easily readable and must be of 
such character that they will not tend to become obliterated or 
illegible.
    2.3.1.10  Power Loss. In the event of a power failure, means must be 
provided to retain in a memory the weight of fish in each haul or set 
for which a printed record has not yet been made, the cumulative weight, 
and the information on the audit trail.
    2.3.1.11  Adjustable Components. An adjustable component that when 
adjusted affects the performance or accuracy of the scale must be held 
securely in position and must not be capable of adjustment without 
breaking a security means unless a record of the adjustment is made on 
the audit trail described in 2.3.1.12.
    2.3.1.12  Audit Trail. An audit trail in the form of an event logger 
must be provided to document changes made using adjustable components. 
The following information must be provided in an electronic form that 
cannot be changed or erased by the scale operator, can be printed at any 
time, and can be cleared by the scale manufacturer's representative upon 
direction by NMFS or by an authorized scale inspector:
    a. The date and time (to the nearest minute) of the change;
    b. The name or type of adjustment being made; and
    c. The initial and final values of the parameter being changed.
    2.3.1.13  Adjustments to Scale Weights. The indicators and printer 
must be designed so that the scale operator cannot change or adjust the 
indicated and printed weight values.
    2.3.2  Weighing Elements.
    2.3.2.1  Speed Measurement. A belt scale must be equipped with means 
to accurately sense the belt travel and/or speed whether the belt is 
loaded or empty.
    2.3.2.2  Conveyer Belt. The weight per unit length of the conveyor 
belt must be practically constant. Belt joints must be such that there 
are no significant effects on the weighing results.
    2.3.2.3  Overload Protection. The load receiver must be equipped 
with means so that an overload of 150 percent or more of the capacity 
does not affect the metrological characteristics of the scale.
    2.3.2.4  Speed Control. The speed of the belt must not vary by more 
than 5 percent of the nominal speed.
    2.3.2.5  Adjustable Components. An adjustable component that can 
affect the performance of the belt scale must be held securely in 
position and must not be capable of adjustment without breaking a 
security means.

[[Page 619]]

    2.3.2.6  Motion Compensation. A belt scale must be equipped with 
automatic means to compensate for the motion of a vessel at sea so that 
the weight values indicated are within the MPEs. Such means shall be a 
reference load cell and a reference mass weight or other equally 
effective means. When equivalent means are utilized, the manufacturer 
must provide NMFS with information demonstrating that the scale can 
weigh accurately at sea.
    2.3.3  Installation Conditions. A belt scale must be rigidly 
installed in a level condition.
    2.3.4  Marking. A belt scale must be marked with the--
    a. Name, initials, or trademark of the manufacturer or distributer;
    b. Model designation;
    c. Non-repetitive serial number;
    d. Maximum flow rate (Qmax);
    e. Minimum flow rate (Qmin);
    f. Minimum totalized load (min);
    g. Value of a scale division (d);
    h. Belt speed;
    i. Weigh length;
    j. Maximum capacity (Max);
    k. Temperature range (if applicable); and
    l. Mains voltage.
    2.3.4.1  Presentation. The markings must be reasonably permanent and 
of such size, shape, and clarity to provide easy reading in normal 
conditions of use. They must be grouped together in a place visible to 
the operator.
    2.4  Tests.
    2.4.1  Minimum Test Load. The minimum test load must be the greater 
of--
    a. 2 percent of the load totalized in 1 hour at the maximum flow 
rate;
    b. The load obtained at maximum flow rate in one revolution of the 
belt; or
    c. A load equal to 800 scale divisions.
    2.4.2  Laboratory Tests.
    2.4.2.1  Influence Quantity and Disturbance Tests. Tests must be 
conducted according to annex A and the results of these tests must be 
within the values specified in section 2.2.1.1.
    2.4.2.2  Zero-Load Tests. A zero-load test must be conducted for a 
time equal to that required to deliver the minimum totalized load 
(``min). At least two zero-load tests must be conducted prior to a 
material test. The results of these tests must be within the values 
specified in section 2.2.1.2.
    2.4.2.3  Material Tests. At least one material test must be 
conducted with the weight of the material or simulated material equal to 
or greater than the minimum test load. The results of these tests must 
be within the values specified in section 2.2.1.3.
    2.4.3  Annual Inspections.
    2.4.3.1  Zero-Load Tests. A zero-load test must be conducted for a 
time equal to that required to deliver the minimum totalized load 
(min). At least one zero-load test must be conducted prior to 
each material test. The results of this test must be within the values 
specified in section 2.2.1.2.
    2.4.3.2  Material Tests. At least one material or simulated material 
test must be conducted with the weight of the material or simulated 
material equal to or greater than the minimum test load. The results of 
these tests must be within the values specified in section 2.2.1.3.
    3. Automatic Hopper Scales
    3.1  Applicability. The requirements in this section apply to a 
scale or scale system that is designed for automatic weighing of a bulk 
commodity in predetermined amounts.
    3.2  Performance Requirements.
    3.2.1  Maximum Permissible Errors. For laboratory tests of a scale 
and initial inspection and annual reinspections of an installed scale 
when the vessel is tied up at a dock and is not under power at sea, the 
following MPEs are specified:
    3.2.1.1  Laboratory Tests. See annex A to appendix A for procedures 
for disturbance test and influence factors.
    a. Disturbances. Significant fault (sf) (scale 
division).
    b. Influence Factors. 1 percent of test load.
    3.2.1.2  Increasing and Decreasing Load Tests. For increasing and 
decreasing load tests conducted in a laboratory or on a scale installed 
on a vessel tied up at a dock and not under power at sea, 
1.0 percent of the test load.
    3.2.2  Minimum Weighment (min). The minimum weighment must 
not be less than 20 percent of the weighing capacity, or a load equal to 
100 scale intervals (d), except for the final weighment of a lot.
    3.2.3  Minimum Totalized Load (Lot). The minimum totalized load must 
not be less than 4 weighments.
    3.2.4  Influence Quantities. The following requirements apply to 
influence factor tests conducted in the laboratory:
    3.2.4.1  Temperature. A hopper scale must comply with the 
metrological and technical requirements at temperatures from -10 deg. C 
to +40 deg. C. However, for special applications the temperature range 
may be different, but the range must not be less than 30 deg. C and must 
be so specified on the scale's descriptive markings.
    3.2.4.1.1  Operating Temperature. A hopper scale must not display or 
print any usable weight values until the operating temperature necessary 
for accurate weighing and a stable zero-balance condition have been 
attained.
    3.2.4.2  Power Supply. A hopper scale must comply with the 
performance and technical requirements when operated within -15 percent 
to +10 percent of the power supply specified on the scale's descriptive 
markings.
    3.3  Technical Requirements.
    3.3.1  Indicators and Printers.
    3.3.1.1  General. a. A hopper scale must be equipped with an 
indicator and printer that

[[Page 620]]

indicates and prints the weight of each load and a no-load reference 
value; and a printer that prints the total weight of fish in each haul 
or set and the total cumulative weight of all fish and other material 
weighed on the scale between annual inspections (``the cumulative 
weight''). The indications and printed information must be clear, 
definite, accurate, and easily read under all conditions of normal 
operation of the hopper scale.
    b. A no-load reference value may be a positive or negative value in 
terms of scale divisions or zero. When the no-load reference value is 
zero, the scale must return to a zero indication (within  
0.5 scale division) when the load receptor (hopper) is empty following 
the discharge of all loads, without the intervention of either automatic 
or manual means.
    3.3.1.2  Values Defined. If indications or printed representations 
are intended to have specific values, these must be defined by a 
sufficient number of figures, words, or symbols, uniformly placed with 
reference to the indications or printed representations and as close as 
practicable to the indications or printed representations but not so 
positioned as to interfere with the accuracy of reading.
    3.3.1.3  Units. The weight of each haul or set must be indicated in 
kilograms, and the cumulative weight must be indicated in either 
kilograms or metric tons and decimal subdivisions.
    3.3.1.4  Value of the Scale Division. The value of the scale 
division (d) expressed in a unit of weight must be equal to 1, 2, or 5, 
or a decimal multiple or sub-multiple of 1, 2, or 5.
    3.3.1.5  Weighing Sequence. For hopper scales used to receive (weigh 
in), the no-load reference value must be determined and printed only at 
the beginning of each weighing cycle. For hopper scales used to deliver 
(weigh out), the no-load reference value must be determined and printed 
only after the gross-load weight value for each weighing cycle has been 
indicated and printed.
    3.3.1.6  Printing Sequence. Provision must be made so that all 
weight values are indicated until the completion of the printing of the 
indicated values.
    3.3.1.7  Printed Information. The information printed must include--
    a. For catch weight:
    i. The vessel name;
    ii. The Federal fisheries or processor permit number of the vessel;
    iii. The haul or set number;
    iv. The month, day, year, and time (to the nearest minute) weighing 
catch from the haul or set started;
    v. The month, day, year, and time (to the nearest minute) weighing 
catch from the haul or set ended;
    vi. The total weight of catch in each haul or set;
    vii. The total cumulative weight of all fish or other material 
weighed on the scale; and
    viii. The date and time the information is printed.
    b. For the audit trail:
    i. The vessel name;
    ii. The Federal fisheries or processor permit number of the vessel;
    iii. The date and time (to the nearest minute) of the change;
    iv. The name or type of adjustment being made; and
    v. The initial and final values of the parameter being changed.
    3.3.1.8  Permanence of Markings. All required indications, markings, 
and instructions must be distinct and easily readable and must be of 
such character that they will not tend to become obliterated or 
illegible.
    3.3.1.9  Range of Indication. The range of the weight indications 
and printed values for each haul or set must be from 0 kg to 999,999 kg 
and for the cumulative weight must be from 0 to 99,999 metric tons.
    3.3.1.10  Non-Resettable Values. The cumulative weight must not be 
resettable to zero without breaking a security means and must be reset 
only upon direction by NMFS or by an authorized scale inspector.
    3.3.1.11  Power Loss. In the event of a power failure, means must be 
provided to retain in a memory the weight of fish in each haul or set 
for which a printed record has not yet been made, the cumulative weight, 
and the information on the audit trail described in 3.3.1.13.
    3.3.1.12  Adjustable Components. An adjustable component that, when 
adjusted, affects the performance or accuracy of the scale must not be 
capable of adjustment without breaking a security means, unless a record 
of the adjustment is made on the audit trail described in 3.3.1.13.
    3.3.1.13  Audit Trail. An audit trail in the form of an event logger 
must be provided to document changes made using adjustable components. 
The following information must be provided in an electronic form that 
cannot be changed or erased by the scale operator, can be printed at any 
time, and can be cleared by the scale manufacturer's representative upon 
direction of NMFS or by an authorized scale inspector:
    a. The date and time (to the nearest minute) of the change;
    b. The name or type of adjustment being made; and
    c. The initial and final values of the parameter being changed.
    3.3.1.14  Zero-Load Adjustment. A hopper scale must be equipped with 
a manual or semi-automatic means that can be used to adjust the zero-
load balance or no-load reference value.

[[Page 621]]

    3.3.1.14.1  Manual. A manual means must be operable or accessible 
only by a tool outside of, or entirely separate from, this mechanism or 
enclosed in a cabinet.
    3.3.1.14.2  Semi-Automatic. A semi-automatic means must be operable 
only when the indication is stable within 1 scale division 
and cannot be operated during a weighing cycle (operation).
    3.3.1.15  Damping Means. A hopper scale must be equipped with 
effective automatic means to bring the indications quickly to a readable 
stable equilibrium. Effective automatic means must also be provided to 
permit the recording of weight values only when the indication is stable 
within plus or minus one scale division.
    3.3.1.16  Adjustments to Scale Weights. The indicators and printer 
must be designed so that the scale operator cannot change or adjust the 
indicated and printed weight values.
    3.3.2  Interlocks and Gate Control. A hopper scale must have 
operating interlocks so that--
    a. Product cannot be weighed if the printer is disconnected or 
subject to a power loss;
    b. The printer cannot print a weight if either of the gates leading 
to or from the weigh hopper is open;
    c. The low paper sensor of the printer is activated;
    d. The system will operate only in the sequence intended; and
    e. If the overfill sensor is activated, this condition is indicated 
to the operator and is printed.
    3.3.3  Overfill Sensor. The weigh hopper must be equipped with an 
overfill sensor that will cause the feed gate to close, activate an 
alarm, and stop the weighing operation until the overfill condition has 
been corrected.
    3.3.4  Weighing Elements.
    3.3.4.1  Overload Protection. The weigh hopper must be equipped with 
means so that an overload of 150 percent or more of the capacity of the 
hopper does not affect the metrological characteristics of the scale.
    3.3.4.2  Adjustable Components. An adjustable component that can 
affect the performance of the hopper scale must be held securely in 
position and must not be capable of adjustment without breaking a 
security means.
    3.3.4.3  Motion Compensation. A hopper scale must be equipped with 
automatic means to compensate for the motion of a vessel at sea so that 
the weight values indicated are within the MPEs. Such means shall be a 
reference load cell and a reference mass weight or other equally 
effective means. When equivalent means are utilized, the manufacturer 
must provide NMFS with information demonstrating that the scale can 
weigh accurately at sea.
    3.3.5  Installation Conditions. A hopper scale must be rigidly 
installed in a level condition.
    3.3.6  Marking. A hopper scale must be marked with the following:
    a. Name, initials, or trademark of the manufacturer or distributer;
    b. Model designation;
    c. Non-repetitive serial number;
    d. Maximum capacity (Max);
    e. Minimum capacity (min);
    f. Minimum totalized load (min);
    g. Minimum weighment;
    h. Value of the scale division (d);
    i. Temperature range (if applicable); and
    j. Mains voltage.
    3.3.6.1  Presentation. Descriptive markings must be reasonably 
permanent and grouped together in a place visible to the operator.
    3.4  Tests.
    3.4.1  Standards. The error of the standards used must not exceed 25 
percent of the MPE to be applied.
    3.4.2  Laboratory Tests.
    3.4.2.1  Influence Quantity and Disturbance Tests. Tests must be 
conducted according to annex A and the results of these tests must be 
within the values specified in section 3.2.1.1.
    3.4.2.2  Performance Tests. Performance tests must be conducted as 
follows:
    a. Increasing load test. At least five increasing load tests must be 
conducted with test loads at the minimum load, at a load near capacity, 
and at 2 or more critical points in between; and
    b. Decreasing load test. A decreasing load test must be conducted 
with a test load approximately equal to one-half capacity when removing 
the test loads of an increasing load test.
    3.4.3  Annual Inspections.
    At least two increasing load tests and two decreasing load tests 
must be conducted as specified in 3.4.2.2. Additionally, tests must be 
conducted with test loads approximately equal to the weight of loads at 
which the scale is normally used.

                  4. Platform Scales and Hanging Scales

    4.1  Applicability. The requirements in this section apply to 
platform and hanging scales used to weigh total catch. Platform scales 
used only as observer sampling scales or to determine the known weight 
of fish for a material test of another scale are not required to have a 
printer under sections 4.3.1 and 4.3.1.5 or an audit trail under section 
4.3.1.8.
    4.2  Performance Requirements.
    4.2.1  Maximum Permissible Errors. For laboratory tests of a scale 
and initial inspection and annual reinspections of an installed scale 
while the vessel is tied up at a dock and is not under power at sea, the 
following MPEs are specified:
    4.2.1.1  Laboratory Tests. See annex A to this appendix A for 
procedures for disturbance tests and influence factors.
    a. Disturbances. Significant fault (1 scale division); 
and

[[Page 622]]

    b. Influence Factors. See Table 1 in section 4.2.1.2.
    4.2.1.2  Increasing and Decreasing Load and Shift Tests. Increasing 
and decreasing load and shift tests conducted in a laboratory or on a 
scale installed on a vessel while the vessel is tied up at a dock and is 
not under power at sea, see Table 1 as follows:

                       Table 1--Influence Factors
------------------------------------------------------------------------
              Test load in scale divisions (d)                 Maximum
------------------------------------------------------------ permissible
           Class III \1\                   Class IIII         error (d)
------------------------------------------------------------------------
0  m\2\  500............  0  m  50...         0.5
500  m  2000............  50  m  200.         1.0
2000  m............................  200  m................         1.5
------------------------------------------------------------------------
\1\ Scale accuracy classes are defined in section 4.2.2, table 2.
\2\ Mass or weight of the test load in scale divisions.

    4.2.2  Accuracy Classes. Scales are divided into two accuracy 
classes, class III and class IIII. The accuracy class of a scale is 
designated by the manufacturer. The design of each accuracy class with 
respect to number of scale divisions (n) and the value of the scale 
division (d) is specified according to table 2:

                        Table 2--Accuracy Classes
------------------------------------------------------------------------
                                                       Number of scale
                          Value of scale division       divisions (n)
    Accuracy class                  (d)            ---------------------
                                                     Minimum    Maximum
------------------------------------------------------------------------
III...................  5 g or greater                    500     10,000
IIII..................  5 g or greater                    100      1,000
------------------------------------------------------------------------

    4.2.3  Minimum Load: For a Class III scale, 20d; for a Class IIII 
scale, 10d.
    4.2.4  Influence Quantities. The following requirements apply to 
influence factor tests conducted in the laboratory.
    4.2.4.1  Temperature. A scale must comply with the performance and 
technical requirements at temperatures from -10 deg. C to +40 deg. C. 
However, for special applications the temperature range may be 
different, but the range must not be less than 30 deg. C and must be so 
specified on the descriptive markings.
    4.2.4.1.1  Operating Temperature. A scale must not display or print 
any usable weight values until the operating temperature necessary for 
accurate weighing and a stable zero-balance condition have been 
attained.
    4.2.4.2  Power Supply. A scale must comply with the performance and 
technical requirements when operated within -15 percent to +10 percent 
of the power supply specified on the scale's descriptive markings.
    4.3  Technical Requirements.
    4.3.1  Indicators and Printers.
    4.3.1.1  General. A scale must be equipped with an indicator and a 
printer. The indications and printed information must be clear, 
definite, accurate, and easily read under all conditions of normal 
operation of the scale.
    4.3.1.2  Values Defined. If indications or printed representations 
are intended to have specific values, these must be defined by a 
sufficient number of figures, words, or symbols, uniformly placed with 
reference to the indications or printed representations and as close as 
practicable to the indications or printed representations but not so 
positioned as to interfere with the accuracy of reading.
    4.3.1.3  Units. The weight units indicated must be in terms of 
kilograms and decimal subdivisions.
    4.3.1.4  Value of the Scale Division. The value of the scale 
division (d) expressed in a unit of weight must be equal to 1, 2, or 5, 
or a decimal multiple or sub-multiple of 1, 2, or 5.
    4.3.1.5  Printed Information. The information printed must include--
    a. For catch weight:
    i. The vessel name;
    ii. The Federal fisheries or processor permit number of the vessel;
    iii. The haul or set number;
    iv. The month, day, year, and time (to the nearest minute) of 
weighing; and
    v. Net weight of the fish.
    b. For the audit trail:
    i. The vessel name;
    ii. The Federal fisheries or processor permit number of the vessel;
    iii. The date and time (to the nearest minute) of the change;
    iv. The name or type of adjustment being made; and
    v. The initial and final values of the parameter being changed.
    4.3.1.6  Permanence of Markings. All required indications, markings, 
and instructions must be distinct and easily readable and must be of 
such character that they will not tend to become obliterated or 
illegible.
    4.3.1.7  Power Loss. In the event of a power failure, means must be 
provided to retain in a memory the weight of the last weighment if it is 
a non-repeatable weighment.
    4.3.1.8  Adjustable Components.
    a. An adjustable component that, when adjusted, affects the 
performance or accuracy of the scale must be held securely in position 
and must not be capable of adjustment without breaking a security means.
    b. An audit trail in the form of an event logger must be provided to 
document changes made using adjustable components. The following 
information must be provided in an electronic form that cannot be 
changed or erased by the scale operator, can be printed at any time, and 
can be cleared by the scale manufacturer's representative upon direction 
of NMFS or an authorized scale inspector:
    i. The date and time (to the nearest minute) of the change;

[[Page 623]]

    ii. The name or type of adjustment being made; and
    iii. The initial and final values of the parameter being changed.
    4.3.1.9  Zero-Load Adjustment. A scale must be equipped with a 
manual or semi-automatic means that can be used to adjust the zero-load 
balance or no-load reference value.
    4.3.1.9.1  Manual. A manual means must be operable or accessible 
only by a tool outside of or entirely separate from this mechanism or 
enclosed in a cabinet.
    4.3.1.9.2  Semi-automatic. A semi-automatic means must meet the 
provisions of 4.3.1.8 or must be operable only when the indication is 
stable within 1 scale division and cannot be operated during 
a weighing cycle (operation).
    4.3.1.10  Damping Means. A scale must be equipped with effective 
automatic means to bring the indications quickly to a readable stable 
equilibrium. Effective automatic means must also be provided to permit 
the recording of weight values only when the indication is stable within 
plus or minus one scale division.
    4.3.2  Weighing Elements.
    4.3.2.1  Overload Protection. The scale must be so designed that an 
overload of 150 percent or more of the capacity does not affect the 
metrological characteristics of the scale.
    4.3.2.2  Adjustable Components. An adjustable component that can 
affect the performance of the scale must be held securely in position 
and must not be capable of adjustment without breaking a security means.
    4.3.2.3  Motion Compensation. A platform scale must be equipped with 
automatic means to compensate for the motion of a vessel at sea so that 
the weight values indicated are within the MPEs. Such means shall be a 
reference load cell and a reference mass weight or other equally 
effective means. When equivalent means are utilized, the manufacturer 
must provide NMFS with information demonstrating that the scale can 
weigh accurately at sea.
    4.3.3  Installation Conditions. A platform scale must be rigidly 
installed in a level condition. When in use, a hanging scale must be 
freely suspended from a fixed support or a crane.
    4.3.4  Marking. A scale must be marked with the following:
    a. Name, initials, or trademark of the manufacturer or distributor;
    b. Model designation;
    c. Non-repetitive serial number;
    d. Accuracy class (III or IIII);
    e. Maximum capacity (Max);
    f. Minimum capacity (min);
    g. Value of a scale division (d);
    h. Temperature range (if applicable); and
    i. Mains voltage.
    4.3.4.1  Presentation. Descriptive markings must be reasonably 
permanent and grouped together in a place visible to the operator.
    4.4 Tests.
    4.4.1  Standards. The error of the standards used must not exceed 25 
percent of the MPE applied.
    4.4.2  Laboratory Tests.
    4.4.2.1  Influence Quantities and Disturbance Tests. Tests must be 
conducted according to annex A to this appendix A, and the results of 
these tests must be within the values specified in section 4.2.1.1.
    4.4.2.2  Performance Tests. Performance tests must be conducted as 
follows:
    a. Increasing load test. At least five increasing load tests must be 
conducted with test loads at the minimum load, at a load near capacity, 
and at 2 or more critical points in between.
    b. Shift test (platform scales only). A shift test must be conducted 
during the increasing load test at one-third capacity test load centered 
in each quadrant of the platform.
    c. Decreasing load test. A decreasing load test must be conducted 
with a test load approximately equal to one-half capacity when removing 
the test loads of an increasing load test.
    4.4.3  Annual Scale Inspections.
    At least two increasing load tests, shift tests, and decreasing load 
tests must be conducted as specified in section 4.4.2.2. Additionally 
tests must be conducted with test loads approximately equal to the 
weight of loads at which the scale is normally used. The results of all 
tests must be as specified in Table 1 in section 4.2.1.2.

                             5. Definitions

    Adjustable component--Any component that, when adjusted, affects the 
performance or accuracy of the scale, e.g., span adjustment or automatic 
zero-setting means. Manual or semi-automatic zero-setting means are not 
considered adjustable components.
    Audit trail--An electronic count and/or information record of the 
changes to the values of the calibration or configuration parameters of 
a scale.
    Automatic hopper scale--A hopper scale adapted to the automatic 
weighing of a bulk commodity (fish) in predetermined amounts. Capacities 
vary from 20 kg to 50 mt. It is generally equipped with a control panel, 
with functions to be set by an operator, including the start of an 
automatic operation. (See definition of hopper scale).
    Belt scale--A scale that employs a conveyor belt in contact with a 
weighing element to determine the weight of a bulk commodity being 
conveyed. It is generally a part of a system consisting of an input 
conveyor, the flow scale, and an output conveyor. The conveyor belt may 
be constructed of various materials, including vulcanized rubber, 
canvas, and plastic. The capacity is generally specified in terms of the 
amount of weight that can be determined in a specified time, and can 
vary from, for example, 1 ton per hour to

[[Page 624]]

100 or more tons per hour. An operator generally directs the flow of 
product onto the input conveyor.
    Calibration mode--A means by which the span of a scale can be 
adjusted by placing a known ``test weight'' on the scale and manually 
operating a key on a key board.
    Disturbances--An influence that may occur during the use of a scale 
but is not within the rated operating conditions of the scale.
    Event logger--A form of audit trail containing a series of records 
where each record contains the identification of the parameter that was 
changed, the time and date when the parameter was changed, and the new 
value of the parameter.
    Final weighment--The last partial load weighed on a hopper scale 
that is part of the weight of many loads.
    Hanging scale--A scale that is designed to weigh a load that is 
freely suspended from an overhead crane or it may be permanently 
installed in an overhead position. The load receiver may be a part of 
the scale such as a pan suspended on chains, or simply a hook that is 
used to ``pick-up'' the container of the commodity to be weighed. The 
technology employed may be mechanical, electro-mechanical, or 
electronic. The loads can be applied either manually or by such means as 
a crane.
    Hopper scale--A scale designed for weighing individual loads of a 
bulk commodity (fish). The load receiver is a cylindrical or rectangular 
container mounted on a weighing element. The weighing element may be 
mechanical levers, a combination of levers and a load cell, or all load 
cells. The capacity can vary from less than 20 kg to greater than 50 mt. 
The loads are applied from a bulk source by such means as a conveyor or 
storage hopper. Each step of the weighing process, that is the loading 
and unloading of the weigh hopper, is controlled by an operator.
    Indicator--That part of a scale that indicates the quantity that is 
being weighed.
    Influence factor--A value of an influence quantity, e.g., 10 deg., 
that specifies the limits of the rated operating conditions of the 
scale.
    Influence quantity--A quantity that is not the subject of the 
measurement but which influences the measurement obtained within the 
rated operating conditions of the scale.
    Influence quantity and disturbance tests--Tests conducted in a 
laboratory to determine the capability of the scale under test to 
perform correctly in the environmental influences in which they are used 
and when subjected to certain disturbances that may occur during the use 
of the scale.
    Initial verification--The first evaluation (inspection and test) of 
a production model of a weighing instrument that has been type evaluated 
to determine that the production model is consistent with the model that 
had been submitted for type evaluation.
    Known weight test--A test in which the load applied is a test weight 
with a known value simulating the weight of the material that is usually 
weighed.
    Load receiver--That part of the scale in which the quantity is 
placed when being weighed.
    Material test--A test using a material that is the same or similar 
to the material that is usually weighed, the weight of which has been 
determined by a scale other than the scale under test.
    Maximum flow-rate--The maximum flow-rate of material specified by 
the manufacturer at which a belt scale can perform correctly.
    Minimum flow-rate--The minimum flow-rate specified by the 
manufacturer at which a belt scale can perform correctly.
    Minimum load--The smallest weight load that can be determined by the 
scale that is considered to be metrologically acceptable.
    Minimum totalized load--The smallest weight load that can be 
determined by a belt scale that is considered to be metrologically 
acceptable.
    Minimum weighment--The smallest weight that can be determined by a 
hopper scale that is considered to be metrologically acceptable.
    Motion compensation--The means used to compensate for the motion of 
the vessel at sea.
    No-load reference value--A weight value obtained by a hopper scale 
when the load receiver (hopper) is empty of the product that was or is 
to be weighed.
    Non-repeatable weighment--A process where the product after being 
weighed is disposed of in such a manner that it cannot be retrieved to 
be reweighed.
    Number of scale divisions (n)--The number of scale divisions of a 
scale in normal operation. It is the quotient of the scale capacity 
divided by the value of the scale division. n=Max/d
    Performance requirements--A part of the regulations or standards 
that applies to the weighing performance of a scale, e.g., MPEs.
    Performance test--A test conducted to determine that the scale is 
performing within the MPE applicable.
    Periodic verification--A verification of a weighing instrument at an 
interval that is specified by regulation or administrative ruling.
    Platform scale--A scale by the nature of its physical size, 
arrangement of parts, and relatively small capacity (generally 220 kg or 
less) that is adapted for use on a bench or counter or on the floor. A 
platform scale can be self contained, that is, the indicator and load 
receiver and weighing elements are all comprised of a single unit, or 
the indicator can be connected by cable to a separate load

[[Page 625]]

receiver and weighing element. The technology used may be mechanical, 
electro-mechanical, or electronic. Loads are applied manually.
    Rated capacity--The maximum flow-rate in terms of weight per unit 
time specified by the manufacturer at which a belt scale can perform 
correctly.
    Scale division (d)--The smallest digital subdivision in units of 
mass that is indicated by the weighing instrument in normal operation.
    Sealing--A method used to prevent the adjustment of certain 
operational characteristics or to indicate that adjustments have been 
made to those operational characteristics.
    Security seals or means--A physical seal such as a lead and wire 
seal that must be broken in order to change the operating or performance 
characteristics of the scale.
    Significant fault--An error greater than the value specified for a 
particular scale. For a belt scale: A fault greater than 0.18 percent of 
the weight value equal to the minimum totalized load. For all other 
scales: 1 scale division (d). A significant fault does not include 
faults that result from simultaneous and mutually independent causes in 
the belt scale; faults that imply the impossibility of performing any 
measurement; transitory faults that are momentary variations in the 
indications that cannot be interpreted, memorized, or transmitted as a 
measurement result; faults so serious that they will inevitably be 
noticed by those interested in the measurement.
    Simulated material test--A test in which the load applied is test 
material simulating the weight of the material that is usually weighed.
    Simulated test--A test in which the weight indications are developed 
by means other than weight, e.g., a load cell simulator.
    Stationary installation--An installation of a scale in a facility on 
land or a vessel that is tied-up to a dock or in dry dock.
    Subsequent verification--Any evaluation of a weighing instrument 
following the initial verification.
    Suitability for use--A judgement that must be made that certain 
scales by nature of their design are appropriate for given weighing 
applications.
    Technical requirements--A part of the regulations or standards that 
applies to the operational functions and characteristics of a scale, 
e.g., capacity, scale division, tare.
    Testing laboratory--A facility for conducting type evaluation 
examinations of a scale that can establish its competency and 
proficiency by such means as ISO Guide 25, ISO 9000, EN 45011, NVLAP, 
NTEP.
    Type evaluation--A process for evaluating the compliance of a 
weighing instrument with the appropriate standard or regulation.
    User requirements--A part of the regulations or standards that 
applies to the operator/owner of the scale.
    Weighment--A single complete weighing operation.

 Annex A to Appendix A to Part 679--Influence Quantity and Disturbance 
                                  Tests

    A.1  General--Included in this annex are tests that are intended to 
ensure that electronic scales can perform and function as intended in 
the environment and under the conditions specified. Each test indicates, 
where appropriate, the reference condition under which the intrinsic 
error is determined.
    A.2  Test Considerations
    A.2.1  All electronic scales of the same category must be subjected 
to the same performance test program.
    A.2.2  Tests must be carried out on fully operational equipment in 
its normal operational state. When equipment is connected in other than 
a normal configuration, the procedure must be mutually agreed to by NMFS 
and the applicant.
    A.2.3  When the effect of one factor is being evaluated, all other 
factors must be held relatively constant, at a value close to normal. 
The temperature is deemed to be relatively constant when the difference 
between the extreme temperatures noted during the test does not exceed 
5 deg. C and the variation over time does not exceed 5 deg. C per hour.
    A.2.4 Before the start of a test, the equipment under test (EUT) 
must be energized for a period of time at least equal to the warm-up 
time specified by the manufacturer. The EUT must remain energized 
throughout the duration of the test.
    A.3  Tests

------------------------------------------------------------------------
                                     Characteristics       Conditions
               Test                    under test           applied
------------------------------------------------------------------------
A.3.1  Static temperatures.......  Influence factor..  MPE
A.3.2  Damp heat, steady state...  Influence factor..  MPE
A.3.3  Power voltage variation...  Influence factor..  MPE
A.3.4  Short time power reduction  Disturbance.......  sf
A.3.5  Bursts....................  Disturbance.......  sf
A.3.6  Electrostatic discharge...  Disturbance.......  sf
A.3.7  Electromagnetic             Disturbance.......  sf
 susceptibility.
------------------------------------------------------------------------


[[Page 626]]

                               A.3  Tests

    A.3.1  Static Temperatures
    Test method: Dry heat (non condensing) and cold.
    Object of the test: To verify compliance with the applicable MPE 
under conditions of high and low temperature.
    Reference to standard: See Bibliography (1).
    Test procedure in brief: The test consists of exposure of the EUT to 
the high and low temperatures specified in section 2.2.4.1 for belt 
scales, section 3.2.4.1 for automatic hopper scales, and section 4.2.3.1 
for platform scales and hanging scales, under ``free air'' condition for 
a 2-hour period after the EUT has reached temperature stability. The EUT 
must be tested during a weighing operation consisting of:
    For belt scales--the totalization of the min, 2 
times each at approximately the minimum flow rate, an intermediate flow 
rate, and the maximum flow rate.
    For platform, hanging, and automatic hopper scales--tested with at 
least five different test loads or simulated loads under the following 
conditions:
    a. At a reference temperature of 20 deg. C following conditioning.
    b. At the specified high temperature, 2 hours after achieving 
temperature stabilization.
    c. At the specified low temperature, 2 hours after achieving 
temperature stabilization.
    d. At a temperature of 5 deg. C, 2 hours after achieving temperature 
stabilization.
    e. After recovery of the EUT at the reference temperature of 20 deg. 
C.
    Test severities: Duration: 2 hours.
    Number of test cycles: At least one cycle.
    Maximum allowable variations:
    a. All functions must operate as designed.
    b. All indications must be within the applicable MPEs.
    Conduct of test: Refer to the International Electrotechnical 
Commission (IEC) Publications mentioned in section A.4 Bibliography (a) 
for detailed test procedures.
    Supplementary information to the IEC test procedures.
    Preconditioning: 16 hours.
    Condition of EUT: Normal power supplied and ``on'' for a time period 
equal to or greater than the warm-up time specified by the manufacturer. 
Power is to be ``on'' for the duration of the test. Adjust the EUT as 
close to a zero indication as practicable prior to the test.

                             Test Sequence:

    a. Stabilize the EUT in the chamber at a reference temperature of 
20 deg. C. Conduct the tests as specified in the test procedure in brief 
and record the following data:
    i. Date and time,
    ii. Temperature,
    iii. Relative humidity,
    iv. Test load,
    v. Indication,
    vi. Errors, and
    vii. Functions performance.
    b. Increase the temperature in the chamber to the high temperature 
specified. Check by measurement that the EUT has reached temperature 
stability and maintain the temperature for 2 hours. Following the 2 
hours, repeat the tests and record the test data indicated in this A.3.1 
Test Sequence section.
    c. Reduce the temperature in the chamber as per the IEC procedures 
to the specified low temperature. After temperature stabilization, allow 
the EUT to soak for 2 hours. Following the 2 hours, repeat the tests and 
record the test data as indicated in this A.3.1 Test Sequence section.
    d. Raise the temperature in the chamber as per the IEC procedures to 
5 deg. C. After temperature stabilization, allow the EUT to soak for 2 
hours. Following the 2 hours, repeat the tests and record the test data 
as indicated in this A.3.1 Test Sequence section. Note: This test 
relates to a -10 deg. C to +40 deg. C range. For special ranges, it may 
not be necessary.
    e. Raise the temperature in the chamber as per the IEC procedures 
and to the 20 deg. C reference temperature. After recovery, repeat the 
tests and record the test data as indicated in this A.3.1 Test Sequence 
section.
    A.3.2  Damp Heat, Steady State
    Test method: Damp heat, steady state.
    Object of the test: To verify compliance with the applicable MPE 
under conditions of high humidity and constant temperature.
    Reference to standard: See section A.4 Bibliography (b)
    Test procedure in brief: The test consists of exposure of the EUT to 
a constant temperature at the upper limit of the temperature range and 
of a constant relative humidity of 85 percent for a 2-day period. The 
EUT must be tested during a weighing operation consisting of the 
following:
    For belt scales--the totalization of the min, 2 
times each at approximately the minimum flow rate, an intermediate flow 
rate, and the maximum flow rate.
    For platform, hanging, and automatic hopper scales--tested with at 
least five different test loads or simulated loads at a reference 
temperature of 20 deg. C and a relative humidity of 50 percent following 
conditioning, and at the upper limit temperature and a relative humidity 
of 85 percent 2 days following temperature and humidity stabilization.

                            Test severities:

    Temperature: upper limit.
    Humidity: 85 percent (non-condensing).
    Duration: 2 days.
    Number of test cycles: At least one test.

[[Page 627]]

                      Maximum Allowable Variations:

    a. All functions must operate as designed.
    b. All indications must be within the applicable MPE.
    Conduct of the test: Refer to the IEC Publications mentioned in 
section A.4 Bibliography (b) for detailed test procedures.
    Supplementary information to the IEC test procedures.
    Preconditioning: None required.

                            Condition of EUT:

    a. Normal power supplied and ``on'' for a time period equal to or 
greater than the warm-up time specified by the manufacturer. Power is to 
be ``on'' for the duration of the test.
    b. The handling of the EUT must be such that no condensation of 
water occurs on the EUT.
    c. Adjust the EUT as close to a zero indication as practicable prior 
to the test.

                             Test Sequence:

    a. Allow 3 hours for stabilization of the EUT at a reference 
temperature of 20 deg. C and a relative humidity of 50 percent. 
Following stabilization, conduct the tests as specified in the test 
procedures in brief and record the following data:
    i. Date and time,
    ii. Temperature,
    iii. Relative humidity,
    iv. Test load,
    v. Indication,
    vi. Errors, and
    vii. Functions performance.
    b. Increase the temperature in the chamber to the specified high 
temperature and a relative humidity of 85 percent. Maintain the EUT at 
no load for a period of 2 days. Following the 2 days, repeat the tests 
and record the test data as indicated in this A.3.2 Test Sequence 
section.
    c. Allow full recovery of the EUT before any other tests are 
performed.
    A.3.3  Power Voltage Variation
    A.3.3.1  AC Power Supply
    Test method: Variation in AC mains power supply (single phase).
    Object of the test: To verify compliance with the applicable MPEs 
under conditions of varying AC mains power supply.
    Reference to standard: See section A.4 Bibliography (c).
    Test procedure in brief: The test consists of subjecting the EUT to 
AC mains power during a weighing operation consisting of the following:
    For belt scales--while totalizing the min at the 
maximum flow rate.
    For platform, hanging, and automatic hopper scales--at no load and a 
test load between 50 percent and 100 percent of weighing capacity.
    Test severities: Mains voltage:
    Upper limit U (nom) +10 percent.
    Lower limit U (nom) -15 percent.
    Number of test cycles: At least one cycle.
    Maximum allowable variations:
    a. All functions must operate correctly.
    b. All indications must be within MPEs specified in sections 2, 3, 
or 4 of this appendix to part 679.

                          Conduct of the test:

    Preconditioning: None required.

                             Test equipment:

    a. Variable power source,
    b. Calibrated voltmeter, and
    c. Load cell simulator, if applicable.

                            Condition of EUT:

    a. Normal power supplied and ``on'' for a time period equal to or 
greater than the warm-up time specified by the manufacturer.
    b. Adjust the EUT as close to a zero indication as practicable prior 
to the test.

                             Test sequence:

    a. Stabilize the power supply at nominal voltage 2 
percent.
    b. Conduct the tests specified in the test procedure in brief and 
record the following data:
    i. Date and time,
    ii. Temperature,
    iii. Relative humidity,
    iv. Power supply voltage,
    v. Test load,
    vi. Indications,
    vii. Errors, and
    viii. Functions performance.
    c. Reduce the power supply to -15 percent nominal.
    d. Repeat the test and record the test data as indicated in this 
A.3.3 Test Sequence section.
    e. Increase the power supply to +10 percent nominal.
    f. Repeat the test and record the test data as indicated in this 
A.3.3 Test Sequence section.
    g. Unload the EUT and decrease the power supply to nominal power 
2 percent.
    h. Repeat the test and record the test data as indicated in this 
A.3.3 Test Sequence section.
    Note: In case of three-phase power supply, the voltage variation 
must apply for each phase successively. Frequency variation applies to 
all phases simultaneously.
    A.3.3.2  DC Power Supply
    Under consideration.
    A.3.4  Short Time Power Reduction
    Test method: Short time interruptions and reductions in mains 
voltage.
    Object of the test: To verify compliance with the applicable 
significant fault under conditions of short time mains voltage 
interruptions and reductions.

[[Page 628]]

    Reference to standard: See section A.4 Bibliography (d) IEC 
Publication 1000-4-11 (1994).
    Test procedure in brief: The test consists of subjecting the EUT to 
voltage interruptions from nominal voltage to zero voltage for a period 
equal to 8-10 ms, and from nominal voltage to 50 percent of nominal for 
a period equal to 16-20 ms. The mains voltage interruptions and 
reductions must be repeated ten times with a time interval of at least 
10 seconds. This test is conducted during a weighing operation 
consisting of the following:
    For belt scales--while totalizing at the maximum flow rate at least 
the min (or a time sufficient to complete the test).
    For platform, hanging, and automatic hopper scales--tested with one 
small test load or simulated load.
    Test severities: One hundred percent voltage interruption for a 
period equal to 8-10 ms. Fifty percent voltage reduction for a period 
equal to 16-20 ms.
    Number of test cycles: Ten tests with a minimum of 10 seconds 
between tests.
    Maximum allowable variations: The difference between the weight 
indication due to the disturbance and the indication without the 
disturbance either must not exceed 1d or the EUT must detect and act 
upon a significant fault.

                          Conduct of the Test:

    Preconditioning: None required.

                             Test equipment:

    a. A test generator suitable to reduce the amplitude of the AC 
voltage from the mains. The test generator must be adjusted before 
connecting the EUT.
    b. Load cell simulator, if applicable.

                            Condition of EUT:

    a. Normal power supplied and ``on'' for a time period equal to or 
greater than the warm-up time specified by the manufacturer.
    b. Adjust the EUT as close to zero indication as practicable prior 
to the test.

                             Test sequence:

    a. Stabilize all factors at nominal reference conditions.
    b. Totalize as indicated in this A.3.4 Test Sequence section and 
record the--
    i. Date and time,
    ii. Temperature,
    iii. Relative humidity,
    iv. Power supply voltage,
    v. Test load,
    vi. Indications,
    vii. Errors, and
    viii. Functions performance.
    c. Interrupt the power supply to zero voltage for a period equal to 
8-10 ms. During interruption observe the effect on the EUT and record, 
as appropriate.
    d. Repeat the steps four times in this A.3.4 Test Sequence section, 
making sure that there is a 10 second interval between repetitions. 
Observe the effect on the EUT.
    e. Reduce the power supply to 50 percent of nominal voltage for a 
period equal to 16-20 ms. During reduction observe the effect on the EUT 
and record, as appropriate.
    f. Repeat the steps four times in this A.3.4 Test Sequence section, 
making sure that there is a 10 second interval between repetitions. 
Observe the effect on the EUT.
    A.3.5  Bursts
    Test method: Electrical bursts.
    Object of the test: To verify compliance with the provisions in this 
manual under conditions where electrical bursts are superimposed on the 
mains voltage.
    Reference to standard: See section A.4 Bibliography (e)

                        Test Procedure in brief:

    The test consists of subjecting the EUT to bursts of double 
exponential wave-form transient voltages. Each spike must have a rise in 
time of 5 ns and a half amplitude duration of 50 ns. The burst length 
must be 15 ms, the burst period (repetition time interval) must be 300 
ms. This test is conducted during a weighing operation consisting of the 
following:
    For belt scales--while totalizing at the maximum flow rate at least 
the min (or a time sufficient to complete the test).
    For platform, hanging, and automatic hopper scales--tested with one 
small test load or simulated load.
    Test severities: Amplitude (peak value) 1000 V.
    Number of test cycles: At least 10 positive and 10 negative randomly 
phased bursts must be applied at 1000 V.
    Maximum allowable variations: The difference between the indication 
due to the disturbance and the indication without the disturbance either 
must not exceed the values given in sections 2.2.1.1b., 3.2.1.1b., and 
4.2.1.1b, of this appendix, or the EUT must detect and act upon a 
significant fault.
    Conduct of the test: Refer to the IEC Publication referenced in 
section A.4 Bibliography (e) for detailed test procedures.
    Supplementary information to the IEC test procedures:

                             Test equipment:

    A burst generator having an output impedance of 50 ohms.

                            Test conditions:

    The burst generator must be adjusted before connecting the EUT. The 
bursts must be coupled to the EUT both on common mode and differential 
mode interference.

[[Page 629]]

                            Condition of EUT:

    a. Normal power supplied and ``on'' for a time period equal to or 
greater than the warm-up time specified by the manufacturer.
    b. Adjust the EUT as close to a zero indication as practicable prior 
to the test.

                             Test Sequence:

    a. Stabilize all factors at nominal reference conditions.
    b. Conduct the test as indicated in this A.3.5 Test Sequence section 
and record the--
    i. Date and time,
    ii. Temperature,
    iii. Relative humidity,
    iv. Test load,
    v. Indication,
    vi. Errors, and
    vii. Functions performance.
    c. Subject the EUT to at least 10 positive and 10 negative randomly 
phased bursts at the 1000 V mode. Observe the effect on the EUT and 
record, as appropriate.
    d. Stabilize all factors at nominal reference conditions.
    e. Repeat the test and record the test data as indicated in this 
A.3.5 Test Sequence section.
    A.3.6  Electrostatic Discharge
    Test method: Electrostatic discharge (ESD).
    Object of the test: To verify compliance with the provisions of this 
manual under conditions of electrostatic discharges.
    Reference to standard: See section A.4 Bibliography (f)

                        Test procedure in brief:

    A capacitor of 150 pF is charged by a suitable DC voltage source. 
The capacitor is then discharged through the EUT by connecting one 
terminal to ground (chassis) and the other via 150 ohms to surfaces 
which are normally accessible to the operator. This test is conducted 
during a weighing operation consisting of the following:
    For belt scales--while totalizing at the maximum flow rate at least 
the min (or a time sufficient to complete the test).
    For platform, hanging, and automatic hopper scales--test with one 
small test load or simulated load.

                             Test severities

    Air Discharge: up to and including 8 kV.
    Contact Discharge: up to and including 6 kV.
    Number of test cycles: At least 10 discharges must be applied at 
intervals of at least 10 seconds between discharges.

                      Maximum allowable variations:

    The difference between the indication due to the disturbance and the 
indication without the disturbance either must not exceed the values 
indicated in sections 2.2.1.1 b., 3.2.1.1 b., and 4.2.1.1 b. of this 
appendix, or the EUT must detect and act upon a significant fault.
    Conduct of the test: Refer to the IEC Publication mentioned in 
section A.4 Bibliography (d) for detailed test procedures.
    Supplementary information to the IEC test procedures.
    Preconditioning: None required.

                            Condition of EUT:

    a. The EUT without a ground terminal must be placed on a grounded 
plate which projects beyond the EUT by at least 0.1 m on all sides. The 
ground connection to the capacitor must be as short as possible.
    b. Normal power supplied and ``on'' for a time period equal to or 
greater than the warm-up time specified by the manufacturer. Power is to 
be ``on'' for the duration of the test.
    c. The EUT must be operating under standard atmospheric conditions 
for testing.
    d. Adjust the EUT as close to a zero indication as practicable prior 
to the test.

                             Test sequence:

    a. Stabilize all factors at nominal reference conditions.
    b. Conduct test as indicated in this A.3.6 Test Sequence section and 
record the--
    i. Date and time,
    ii. Temperature,
    iii. Relative humidity,
    iv. Power supply voltage,
    v. Test load,
    vi. Indication,
    vii. Errors, and
    viii. Functions performance.
    c. Approach the EUT with the discharge electrode until discharge 
occurs and then remove it before the next discharge. Observe the effect 
of the discharge on the EUT and record, as appropriate.
    d. Repeat the above step at least nine times, making sure to wait at 
least 10 seconds between successive discharges. Observe the effect on 
the EUT and record as appropriate.
    e. Stabilize all factors at nominal reference conditions.
    f. Repeat the test and record the test data as indicated in this 
A.3.6 Test Sequence section.
    A.3.7  Electromagnetic Susceptibility
    Test method: Electromagnetic fields (radiated).

                           Object of the Test:

    To verify compliance with the provisions in this manual under 
conditions of electromagnetic fields.
    Reference to standard: See section A.4 Bibliography (g).

[[Page 630]]

                        Test procedure in brief:

    a. The EUT is placed in an EMI chamber and tested under normal 
atmospheric conditions. This test is first conducted at one load in a 
static mode, and the frequencies at which susceptibility is evident are 
noted. Then tests are conducted at the problem frequencies, if any, 
during a weighing operation consisting of the following:
    For belt scales--while totalizing at the maximum flow rate at least 
the min (or a time sufficient to complete the test). 
It is then exposed to electromagnetic field strengths as specified in 
the Test severities in this section A.3.7 of this annex to appendix A of 
this part.
    For platform, hanging, and automatic hopper scales--tested with one 
small test load.
    b. The field strength can be generated in various ways:
    i. The strip line is used at low frequencies (below 30 MHz or in 
some cases 150 MHz) for small EUT's;
    ii. The long wire is used at low frequencies (below 30 MHz) for 
larger EUT's;
    iii. Dipole antennas or antennas with circular polarization placed 1 
m from the EUT are used at high frequencies.
    c. Under exposure to electromagnetic fields the EUT is again tested 
as indicated above.
    Test severities: Frequency range: 26-1000 MHz.
    Field strength: 3 V/m.
    Modulation: 80 percent AM, 1 kHz sine wave.
    Number of test cycles: Conduct test by continuously scanning the 
specified frequency range while maintaining the field strength.
    Maximum allowable variations: The difference between the indication 
due to the disturbance and the indication without the disturbance either 
must not exceed the values given in this manual, or the EUT must detect 
and act upon a significant fault.
    Conduct of the test: Refer to the IEC Publication referenced in 
section A.4 Bibliography (g) for detailed information on test 
procedures.
    Supplementary information to the IEC test procedures.

                            Test conditions:

    a. The specified field strength must be established prior to the 
actual testing (without the EUT in the field). At least 1 m of all 
external cables must be included in the exposure by stretching them 
horizontally from the EUT.
    b. The field strength must be generated in two orthogonal 
polarizations and the frequency range scanned slowly. If antennas with 
circular polarization, i.e., log-spiral or helical antennas, are used to 
generate the electromagnetic field, a change in the position of the 
antennas is not required. When the test is carried out in a shielded 
enclosure to comply with international laws prohibiting interference to 
radio communications, care needs to be taken to handle reflections from 
the walls. Anechoic shielding might be necessary.

                            Condition of EUT:

    a. Normal power supplied and ``on'' for a time period equal to or 
greater than the warm-up time specified by the manufacturer. Power is to 
be ``on'' for the duration of the test. The EUT must be operating under 
standard atmospheric conditions for testing.
    b. Adjust the EUT as close to a zero indication as practicable prior 
to the test.

                             Test sequence:

    a. Stabilize all factors at nominal reference conditions.
    b. Conduct the test as indicated in this A.3.7 Test Sequence section 
and record the--
    i. Date and time,
    ii. Temperature,
    iii. Relative humidity,
    iv. Test load,
    v. Indication,
    vi. Errors, and
    vii. Functions performance.
    c. Following the IEC test procedures, expose the EUT at zero load to 
the specified field strengths while slowly scanning the three indicated 
frequency ranges.
    d. Observe and record the effect on the EUT.
    e. Repeat the test and observe and record the effect.
    f. Stabilize all factors at nominal reference conditions.
    g. Repeat the test and record the test data.
    A.4  Bibliography
    Below are references to Publications of the International 
Electrotechnical Commission (IEC), where mention is made in the tests in 
annex A to appendix A of this part.
    a. IEC Publication 68-2-1 (1974): Basic environmental testing 
procedures. Part 2: Tests, Test Ad: Cold, for heat dissipating equipment 
under test (EUT), with gradual change of temperature.
    IEC Publication 68-2-2 (1974): Basic environmental testing 
procedures, Part 2: Tests, Test Bd: Dry heat, for heat dissipating 
equipment under test (EUT) with gradual change of temperature.
    IEC Publication 68-3-1 (1974): Background information, Section 1: 
Cold and dry heat tests.
    b. IEC Publication 68-2-56 (1988): Environmental testing, Part 2: 
Tests, Test Cb: Damp heat, steady state. Primarily for equipment.
    IEC Publication 68-2-28 (1980): Guidance for damp heat tests.
    c. IEC Publication 1000-4-11 (1994): Electromagnetic compatibility 
(EMC) Part 4: Testing and measurement techniques, Section 11. Voltage 
dips, short interruptions and voltage

[[Page 631]]

variations immunity tests. Section 5.2 (Test levels--Voltage variation). 
Section 8.2.2 (Execution of the test-voltage variation).
    d. IEC Publication 1000-4-11 (1994): Electromagnetic compatibility 
(EMC) Part 4: Testing and measurement techniques, Section 11: Voltage 
dips, short interruptions and voltage variations immunity tests. Section 
5.1 (Test levels--Voltage dips and short interruptions. Section 8.2.1 
(Execution of the test-voltage dips and short interruptions) of the 
maximum transit speed and the range of operating speeds.
    e. IEC Publication 1000-4-4 (1995): Electromagnetic compatibility 
(EMC) Part 4: Testing and measurement techniques--Section 4: Electrical 
fast transient/burst immunity test. Basic EMC publication.
    f. IEC Publication 1000-4-2 (1995): Electromagnetic compatibility 
(EMC) Part 4: Testing and measurement techniques--Section 2: 
Electrostatic discharge immunity test. Basic EMC Publication.
    g. IEC Publication 1000-4-3 (1995): Electromagnetic compatibility 
(EMC) Part 4: Testing and measurement techniques--Section 3: Radiated, 
radio-frequency electromagnetic field immunity test.

[63 FR 5845, Feb. 4, 1998]

[[Page 632]]

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[[Page 633]]



       Figure 1 to Part 679--BSAI Statistical and Reporting Areas

                                 a. Map

       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).

[[Page 634]]

 
550..................  Donut Hole. International waters of the Bering
                        Sea outside the limits of the EEZ and Russian
                        economic zone as depicted on the current edition
                        of NOAA chart INT 813 Bering Sea (Southern
                        Part).
------------------------------------------------------------------------
Statistical Area. A statistical area is the part of a reporting area
  contained in the EEZ.


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  Figure 3 to Part 679--Gulf of Alaska Statistical and Reporting Areas

                                 a. Map

[[Page 637]]



  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 638]]

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         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 639]]


                             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 640]]

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[[Page 641]]

  Figure 5 to part 679--Kodiak Island Areas Closed to Nonpelagic Trawl 
                                  Gear

                                 a. Map

  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.
                               d31'1"
b...........................  57 deg.00'0"    155   ....................
                               d00'0"
c...........................  56 deg.17'0"    155   ....................
                               d00'0'
d...........................  56 deg.17'0"    153   ....................
                               d52'0"
e...........................  56 deg.33'5"    153   Cape Sitkinak.
                               d52'0"
f...........................  56 deg.54'5"    153   East point of
                               d32'5"                Twoheaded Island.
g...........................  56 deg.56'0"    153   Kodiak Island,
                               d35'5"                thence, along the
                                                     coastline.
a...........................  56 deg.59'4"    154   Low Cape.
                               d31'1"
 
     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   ....................
                               d30'0"
b...........................  58 deg.00'0"    151   ....................
                               d47'0"
c...........................  57 deg.37'0"    151   ....................
                               d47'0"
d...........................  57 deg.37'0"    152   Cape Chiniak, then
                               d10'1"                along the coastline
                                                     of Kodiak Island to
                                                     North Cape.
e...........................  57 deg.54'5"    152   ....................
                               d30'0"
a...........................  58 deg.00'0"    152
                               d30'0"
 
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   ....................
                               d13'0"
b...........................  56 deg.07'0"    156   ....................
                               d00'0"
c...........................  55 deg.41'0"    156   ....................
                               d00'0"
d...........................  55 deg.41'0"    155   ....................
                               d13'0"
a...........................  56 deg.07'0"    155
                               d13'0"
 
  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   ....................
                               d09'0"
c...........................  57 deg.22'0"    152   South Tip of Ugak
                               d18'5"                Island.
d...........................  57 deg.23'5"    152   North Tip of Ugak
                               d17'5"                Island.
e...........................  57 deg.25'3"    152   Narrow Cape, thence,
                               d20'0"                along the coastline
                                                     of Kodiak Island.
f...........................  57 deg.04'2"    153   Cape Kasick to Black
                               d30'0"                Point, including
                                                     inshore waters.
a...........................  57 deg.00'0"    153
                               d18'0"
------------------------------------------------------------------------


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Figure 15 to Part 679. Regulatory Areas for the Pacific Halibut Fishery 
                             b. Coordinates

    Area 2A includes all waters off the states of California, Oregon, 
and Washington;
    Area 2B includes all waters off British Columbia;
    Area 2C includes all waters off Alaska that are east of a line 
running 340 deg. true from Cape Spencer Light (58 deg.11'57" N. lat., 
136 deg.38'18" W. long.) and south and east of a line running 205 deg. 
true from said light;

[[Page 653]]

    Area 3A includes all waters between Area 2C and a line extending 
from the most northerly point on Cape Aklek (57 deg.41'15" N. lat., 
155 deg.35'00" W. long.) to Cape Ikolik (57 deg.17'17" N. lat., 
154 deg.47'18" W. long.), then along the Kodiak Island coastline to Cape 
Trinity (56 deg.44'50" N. lat., 154 deg.08'44" W. long.), then 140 deg. 
true;
    Area 3B includes all waters between Area 3A and a line extending 
150 deg. true from Cape Lutke (54 deg.29'00" N. lat., 164 deg.20'00" W. 
long.) and south of 54 deg.49'00" N. lat. in Isanotski Strait;
    Area 4A includes all waters in the GOA west of Area 3B and in the 
Bering Sea west of the closed area defined below that are east of 
172 deg.00'00" W. long. and south of 56 deg.20'00" N. lat.;
    Area 4B includes all waters in the Bering Sea and the GOA west of 
Area 4A and south of 56 deg.20'00" N. lat.;
    Area 4C includes all waters in the Bering Sea north of Area 4A and 
north of the closed area defined below which are east of 171 deg.00'00" 
W. long., south of 58 deg.00'00" N. lat., and west of 168 deg.00'00" W. 
long.;
    Area 4D includes all waters in the Bering Sea north of Areas 4A and 
4B, north and west of Area 4C, and west of 168 deg.00'00" W. long.;
    Area 4E includes all waters in the Bering Sea north and east of the 
closed area defined below, east of 168 deg.00'00" W. long., and south of 
65 deg.34'00" N. lat.
    Closed areas
    All waters in the Bering Sea north of 54 deg.49'00" N. lat. in 
Isanotski Strait that are enclosed by a line from Cape Sarichef Light 
(54 deg.36'00" N. lat., 164 deg.55'42" W. long.) to a point at 
56 deg.20'00" N. lat., 168 deg.30'00" W. long.; thence to a point at 
58 deg.21'25" N. lat., 163 deg.00'00" W. long.; thence to Strogonof 
Point (56 deg.53'18" N. lat., 158 deg.50'37" W. long.); and then along 
the northern coasts of the Alaska Peninsula and Unimak Island to the 
point of origin at Cape Sarichef Light.
    In Area 2A, all waters north of Point Chehalis, WA (46 deg.53'18" N. 
lat.).

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[[Page 659]]


                    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 223.202 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'  54 deg.13.0' N   164 deg.48.0'
                                                                               W                               W
Akun Island.....................................  54 deg.18.0' N   165 deg.32.5'  54 deg.18.0' N   165 deg.31.5'
                                                                               W                               W
Akutan Island...................................  54 deg.03.5' N   166 deg.00.0'  54 deg.05.5' N   166 deg.05.0'
                                                                               W                               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'  54 deg.18.0' N   165 deg.31.5'
                                                                               W                               W
Akutan Island...................................  54 deg.03.5' N   166 deg.00.0'  54 deg.05.5' N   166 deg.05.0'
                                                                               W                               W
Ugamak Island...................................  54 deg.14.0' N   164 deg.48.0'  54 deg.13.0' N   164 deg.48.0'
                                                                               W                               W
Seguam Island...................................  52 deg.21.0' N   172 deg.35.0'  52 deg.21.0' N   172 deg.33.0'
                                                                               W                               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.


[61 FR 31230, June 19, 1996, as amended at 64 FR 14077, Mar. 23, 1999]

    Effective Date Note: At 64 FR 3444, Jan. 22, 1999, table 4 was 
suspended, effective Jan. 20, 1999, through July 19, 1999. At 64 FR 
39087, July 21, 1999, the effective date was extended from July 21, 
1999, through Dec. 31, 1999.

                       Table 5--Aleutian Islands Subarea Steller Sea Lion Protection Areas
----------------------------------------------------------------------------------------------------------------
                                                               From                             To
                 Name of island                  ---------------------------------------------------------------
                                                     Latitude        Longitude       Latitude        Longitude
----------------------------------------------------------------------------------------------------------------
                          3-nm NO TRANSIT ZONES described at part 223.202 of this title
                                 a. Trawling Prohibited Year-Round Within 10 nm
----------------------------------------------------------------------------------------------------------------
Yunaska Island..................................   52 deg. 42.0'  170 deg. 38.5'   52 deg. 41.0'  170 deg. 34.5'
                                                               N               W               N               W
Kasatochi Island................................   52 deg. 10.0'  175 deg. 31.0'   52 deg. 10.5'  175 deg. 29.0'
                                                               N               W               N               W
Adak Island.....................................   51 deg. 36.5'  176 deg. 59.0'   51 deg. 38.0'  176 deg. 59.5'
                                                               N               W               N               W
Gramp Rock......................................   51 deg. 29.0'  178 deg. 20.5'
                                                               N               W
Tag Island......................................   51 deg. 33.5'  178 deg. 34.5'
                                                               N               W
Ulak Island.....................................   51 deg. 20.0'  178 deg. 57.0'   51 deg. 18.5'  178 deg. 59.5'
                                                               N               W               N               W
Semisopochnoi...................................   51 deg. 58.5'  179 deg. 45.5'   51 deg. 57.0'  179 deg. 46.0'
                                                               N               E               N               E
Semisopochnoi...................................   52 deg. 01.5'  179 deg. 37.5'   52 deg. 01.5'  179 deg. 39.0'
                                                               N               E               N               E
Amchitka Island.................................   51 deg. 22.5'  179 deg. 28.0'   51 deg. 21.5'  179 deg. 25.0'
                                                               N               E               N               E
Amchitka Is/Column Rocks........................   51 deg. 32.5'  178 deg. 49.5'  ..............  ..............
                                                               N               E
Ayugadak Point..................................   51 deg. 45.5'  178 deg. 24.5'
                                                               N               E
Kiska Island....................................   51 deg. 57.5'  177 deg. 21.0'   51 deg. 56.5'  177 deg. 20.0'
                                                               N               E               N               E
Kiska Island....................................   51 deg. 52.5'  177 deg. 13.0'   51 deg. 53.5'  177 deg. 12.0'
                                                               N               E               N               E
Buldir Island...................................   52 deg. 20.5'  175 deg. 57.0'   52 deg. 23.5'  175 deg. 51.0'
                                                               N               E               N               E
Agattu Is./Gillion Pt...........................   52 deg. 24.0'  173 deg. 21.5'
                                                               N               E
Agattu Island...................................   52 deg. 23.5'  173 deg. 43.5'   52 deg. 22.0'  173 deg. 41.0'
                                                               N               E               N               E
Attu Island.....................................   52 deg. 54.5'  172 deg. 28.5'   52 deg. 57.5'  172 deg. 31.5'
                                                               N               E               N               E
----------------------------------------------------------------------------------------------------------------
                                 b. Trawling Prohibited Year-Round Within 20 nm
----------------------------------------------------------------------------------------------------------------
Seguam Island...................................   52 deg. 21.0'  172 deg. 35.0'   52 deg. 21.0'  172 deg. 33.0'
                                                               N               W               N               W
Agligadak Island................................   52 deg. 06.5'  172 deg. 54.0'
                                                               N               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 geographic coordinates
  is listed, the rookery extends around the entire shoreline of the island at mean lower low water.


[[Page 660]]


[64 FR 3452, Jan. 22, 1999, as amended at 64 FR 14077, Mar. 23, 1999]

                      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 223.202 of this title
                        a. Year-round Trawl Closures (Trawling Prohibited Within 10 nm).
----------------------------------------------------------------------------------------------------------------
Outer Island....................................  59 deg.20.5' N   150 deg.23.0'  59 deg.21.0' N   150 deg.24.5'
                                                                               W                               W
Sugarloaf Island................................  58 deg.53.0' N   152 deg.02.0'
                                                                               W
Marmot Island...................................  58 deg.14.5' N   151 deg.47.5'  58 deg.10.0' N   151 deg.51.0'
                                                                               W                               W
Chirikof Island.................................  55 deg.46.5' N   155 deg.39.5'  55 deg.46.5' W   155 deg.43.0'
                                                                               W                               W
Chowiet Island..................................  56 deg.00.5' N   156 deg.41.5'  56 deg.00.5' N   156 deg.42.0'
                                                                               W                               W
Atkins Island...................................  55 deg.03.5' N   159 deg.18.5'
                                                                               W
Chernabura Island...............................  54 deg.47.5' N   159 deg.31.0'  54 deg.45.5' N   159 deg.33.5'
                                                                               W                               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'  54 deg.13.0' N   164 deg.48.0'
                                                                               W                               W
Akun Island.....................................  54 deg.18.0' N   165 deg.32.5'  54 deg.18.0' N   165 deg.31.5'
                                                                               W                               W
Akutan Island...................................  54 deg.03.5' N   166 deg.00.0'  54 deg.05.5' N   166 deg.05.0'
                                                                               W                               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'  54 deg.18.0' N   165 deg.31.5'
                                                                               W                               W
Akutan I........................................  54 deg.03.5' N   166 deg.00.0'  54 deg.05.5' N   166 deg.05.0'
                                                                               W                               W
Ugamak I........................................  54 deg.14.0' N   164 deg.48.0'  54 deg.13.0' N   164 deg.48.0'
                                                                               W                               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.


[61 FR 31230, June 19, 1996, as amended at 64 FR 14077, Mar. 23, 1999]

    Effective Date Note: At 64 FR 3444, Jan. 22, 1999, table 6 was 
suspended, effective Jan. 20, 1999, through July 19, 1999. At 64 FR 
39087, July 21, 1999, the effective date was extended from July 21, 
1999, through Dec. 31, 1999.

[[Page 661]]

[GRAPHIC] [TIFF OMITTED] TR04SE98.006

[63 FR 47375, Sept. 4, 1998]

  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

[[Page 662]]

 
Daily Cumulative Production                   No             Yes             Yes             Yes              No
 Logbook (DCPL).................
Daily Cumulative Logbook (DCL)..              No              No              No              No             Yes
Check-in/Check-out Report.......              No             Yes             Yes             Yes             Yes
U.S. Vessel Activity Report                  Yes             Yes             Yes              No              No
 (VAR)..........................
Weekly Production Report (WPR)..              No             Yes             Yes             Yes              No
Daily Production Report (DPR)*..              No             Yes             Yes             Yes              No
Product Transfer Report (PTR)...              No             Yes             Yes             Yes              No
----------------------------------------------------------------------------------------------------------------
* When required by Regional Administrator.

[61 FR 31302, June 19, 1996; 61 FR 40481, Aug. 2, 1996]

[[Page 663]]

[GRAPHIC] [TIFF OMITTED] TC15NO91.215

[63 FR 47376, Sept. 4, 1998; 63 FR 54613, Oct. 13, 1998]

[[Page 664]]

[GRAPHIC] [TIFF OMITTED] TR04SE98.008

[63 FR 47377, Sept. 4, 1998]

[[Page 665]]


                                                               Table 12 to 50 CFR Part 679
[Steller sea lion protection areas \1\ in the Bering Sea Subarea \2\ are identified in the following table. Where two sets of coordinates are given, the
baseline extends in a clock-wise direction from the first set of geographic coordinates along the shoreline at mean lower-low water to the second set of
                               coordinates. Where only one set of coordinates is listed, that location is the base point.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Boundaries to                      Directed fishing for       Trawling prohibited
                                                 ----------------------------------------------------    pollock prohibited         within . . . (nm)
                                                                                                          within . . . (nm)    -------------------------
           Management area/island/site                                                               --------------------------
                                                    Latitude    Longitude     Latitude    Longitude      Nov. 1       May 1        Jan. 1
                                                      (N)          (W)          (N)          (W)        through      through      through     Year-round
                                                                                                        April 31     Oct. 31      April 15
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   Bering Sea
 
Walrus..........................................  57 deg.11.0  169 deg.56.  ...........  ...........           20           20  ...........           10
                                                           0'          00'
Uliaga..........................................  53 deg.04.0  169 deg.47.  53 deg.05.0  169 deg.46.  ...........           20  ...........  ...........
                                                           0'          00'           0'          00'
Chuginadak......................................  52 deg.46.5  169 deg.42.  52 deg.46.5  169 deg.44.  ...........           20  ...........  ...........
                                                           0'          00'           0'          50'
Kagamil.........................................  53 deg.02.5  169 deg.41.  ...........  ...........  ...........           20  ...........  ...........
                                                           0'          00'
Samalga.........................................  52 deg.46.0  169 deg.15.  ...........  ...........  ...........           20
                                                           0'          00'
Adugak..........................................  52 deg.55.0  169 deg.10.  ...........  ...........           20           20  ...........           10
                                                           0'          50'
Umnak/Cape Aslik................................  53 deg.25.0  168 deg.24.  ...........  ...........           20           20  ...........  ...........
                                                           0'          50'
Ogchul..........................................  53 deg.00.0  168 deg.24.  ...........  ...........           20           20  ...........           10
                                                           0'          00'
Bogoslof/Fire Island............................  53 deg.56.0  168 deg.02.  ...........  ...........           20           20  ...........           10
                                                           0'          00'
Emerald.........................................  53 deg.17.5  167 deg.51.  ...........  ...........  ...........           20  ...........  ...........
                                                           0'          50'
Unalaska/Cape Izigan............................  53 deg.13.5  167 deg.39.  ...........  ...........           20           20  ...........  ...........
                                                           0'          00'
Unalaska/Bishop Pt..............................  53 deg.58.5  166 deg.57.  ...........  ...........           20           20  ...........  ...........
                                                           0'          50'
Akutan/Reef-lava................................  54 deg.07.5  166 deg.06.  54 deg.10.5  166 deg.04.           20           20  ...........  ...........
                                                           0'          50'           0'          50'
Old Man Rocks...................................  53 deg.52.0  166 deg.05.  ...........  ...........           20           20  ...........  ...........
                                                           0'          00'
Akutan/Cape Morgan..............................  54 deg.03.5  166 deg.00.  54 deg.05.5  166 deg.05.           20           20           20           10
                                                           0'          00'           0'          00'
Rootok..........................................  54 deg.02.5  165 deg.34.  ...........  ...........  ...........           20  ...........  ...........
                                                           0'          50'
Akun/Billings Head..............................  54 deg.18.0  165 deg.32.  54 deg.18.0  165 deg.31.           20           20           20           10
                                                           0'          50'           0'          50'
Tanginak........................................  54 deg.12.0  165 deg.20.  ...........  ...........           20  ...........  ...........  ...........
                                                           0'          00'
Tigalda/Rocks NE................................  54 deg.09.0  164 deg.57.  54 deg.10.0  164 deg.59.           20           20  ...........  ...........
                                                           0'          00'           0'          00'
Unimak/Cape Sarichef............................  54 deg.34.5  164 deg.56.  ...........  ...........           10           10  ...........  ...........
                                                           0'          50'
Aiktak..........................................  54 deg.11.0  164 deg.51.  ...........  ...........           20  ...........  ...........  ...........
                                                           0'          00'
Ugamak..........................................  54 deg.14.0  164 deg.48.  54 deg.13.0  164 deg.48.           20           20           20           10
                                                           0'          00'           0'          00'
Round...........................................  54 deg.12.0  164 deg.46.  ...........  ...........  ...........           20  ...........  ...........
                                                           0'          50'
Sea Lion Rock (Amak)............................  55 deg.28.0  163 deg.12.  ...........  ...........           20           20           20           10
                                                           0'          00'
Amak+rocks......................................  55 deg.24.0  163 deg.07.  55 deg.26.0  163 deg.10.           20           20  ...........  ...........
                                                           0'          00'           0'          00'
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Three nm NO TRANSIT ZONES are described at 50 CFR 227.12(a)(2) of this title.
\2\ Closure zones around many of these sites also extend into statistical area 610 of the Gulf of Alaska Management Area.

[64 FR 3444, Jan. 22, 1999]

Effective Date Note: At 64 FR 3444, Jan. 22, 1999, table 12 was added, 
effective Jan. 20, 1999, through July 19, 1999. At 64 FR 39087, July 21, 
1999, the effective date was extended from July 21, 1999, through Dec. 
31, 1999.

[[Page 666]]


                                              Table 13 to 50 CFR part 679 (Effective Through July 19, 1999)
  [Steller sea lion protection areas \1\ in the Gulf of Alaska \2\ are identified in the following table. Where two sets of coordinates are given, the
baseline extends in a clock-wise direction from the first set of geographic coordinates along the shoreline at mean lower-low water to the second set of
                               coordinates. Where only one set of coordinates is listed, that location is the base point.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Boundaries to                            Directed fishing for       Trawling prohibited
                                     ----------------------------------------------------------------    pollock prohibited         within . . . (nm)
                                                                                                          within . . . (nm)    -------------------------
     Management area/island/site                                                                     --------------------------
                                       Latitude (N)    Longitude (W)   Latitude (N)    Longitude (W)     Nov. 1       May 1        Jan. 1
                                                                                                        through      through      through     Year-round
                                                                                                        April 31     Oct. 31      April 15
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Gulf of Alaska
Bird................................   54 deg.40.50'  163 deg.18.00'  ..............  ..............           10           10  ...........  ...........
South Rocks.........................   54 deg.18.00'  162 deg.41.50'  ..............  ..............           10           10  ...........  ...........
Clubbing Rocks......................   54 deg.42.00'  162 deg.26.50'   54 deg.43.00'  162 deg.26.50'           10           10  ...........           10
Pinnacle Rock.......................   54 deg.46.00'  161 deg.46.00'  ..............              10  ...........           10  ...........           10
Sushilnoi Rocks.....................   54 deg.50.00'  161 deg.44.50'  ..............  ..............  ...........           10  ...........  ...........
Olga Rocks..........................   55 deg.00.50'  161 deg.29.50'   54 deg.59.00'  161 deg.31.00'           10           10  ...........  ...........
Jude................................   55 deg.16.00'  161 deg.06.00'  ..............  ..............           10           10  ...........  ...........
The Whaleback.......................   55 deg.16.50'  160 deg.06.00'  ..............  ..............           10           10  ...........  ...........
Chernabura..........................   54 deg.47.50'  159 deg.31.00'   54 deg.45.50'  159 deg.33.50'           10           10  ...........           10
Castle Rock.........................   55 deg.17.00'  159 deg.30.00'  ..............  ..............  ...........           10  ...........  ...........
Atkins..............................   55 deg.03.50'  159 deg.19.00'  ..............  ..............           10           10  ...........           10
Spitz...............................   55 deg.47.00'  158 deg.54.00'  ..............  ..............  ...........           10  ...........  ...........
Kak.................................   56 deg.17.00'  157 deg.51.00'  ..............  ..............  ...........           10  ...........  ...........
Lighthouse Rocks....................   55 deg.47.50'  157 deg.24.00'  ..............  ..............           10           10  ...........  ...........
Sutwik..............................   56 deg.31.00'  157 deg.20.00'   56 deg.32.00'  157 deg.21.00'  ...........           10  ...........  ...........
Chowiet.............................   56 deg.00.50'  156 deg.41.50'   56 deg.00.50'  156 deg.42.00'           10           10  ...........           10
Nagai Rocks.........................   55 deg.50.00'  155 deg.46.00'  ..............  ..............           10           10  ...........  ...........
Chirikof............................   55 deg.46.50'  155 deg.39.50'   55 deg.46.50'  155 deg.43.00'           10           10  ...........           10
Puale Bay...........................   57 deg.41.00'  155 deg.23.00'  ..............  ..............           10           10  ...........  ...........
Takli...............................   58 deg.03.00'  154 deg.27.50'   58 deg.02.00'  154 deg.31.00'  ...........           10  ...........  ...........
Cape Gull...........................   58 deg.13.50'  154 deg.09.50'   58 deg.12.50'  154 deg.10.50'  ...........           10  ...........  ...........
Sitkinak/Cape Sitkinak..............   56 deg.34.50'  153 deg.51.50'  ..............  ..............           10           10  ...........  ...........
Kodiak/Cape Ugat....................   57 deg.52.00'  153 deg.51.00'  ..............  ..............           10           10  ...........  ...........
Shakun Rock.........................   58 deg.32.50'  153 deg.41.50'  ..............  ..............           10           10  ...........  ...........
Twoheaded Island....................   56 deg.54.50'  153 deg.33.00'   56 deg.53.50'  153 deg.35.50'           10           10  ...........  ...........
Cape Douglas........................   58 deg.51.50'  153 deg.14.00'  ..............  ..............  ...........           10  ...........  ...........
Latax Rocks.........................   58 deg.42.00'  152 deg.28.50'   58 deg.40.50'  152 deg.30.00'           10           10  ...........  ...........
Ushagat/SW..........................   58 deg.55.00'  152 deg.22.00'  ..............  ..............  ...........           10  ...........  ...........
Ugak................................   57 deg.23.00'  152 deg.15.50'   57 deg.22.00'  152 deg.19.00'  ...........           10  ...........  ...........
Sea Otter Island....................   58 deg.31.50'  152 deg.13.00'  ..............  ..............           10           10  ...........  ...........
Long................................   57 deg.47.00'  152 deg.13.00'  ..............  ..............           10  ...........  ...........  ...........
Kodiak/Cape Chiniak.................   57 deg.37.50'  152 deg.09.00'  ..............  ..............           10           10  ...........  ...........
Sugarloaf...........................   58 deg.53.00'  152 deg.02.00'  ..............  ..............           10           10  ...........           10
Sea Lion Rocks (Marmot).............   58 deg.21.00'  151 deg.48.50'  ..............  ..............           10           10  ...........  ...........
Marmot..............................   58 deg.14.00'  151 deg.47.50'   58 deg.10.00'  151 deg.51.00'           10           10  ...........           10
Perl................................   59 deg.06.00'  151 deg.39.50'  ..............  ..............           10           10  ...........  ...........
Outer (Pye) Island..................   59 deg.20.50'  150 deg.23.00'   59 deg.21.00'  150 deg.24.50'           10           10  ...........           10
Steep Point.........................   59 deg.29.00'  150 deg.15.00'  ..............  ..............  ...........           10  ...........  ...........
Chiswell Islands....................   59 deg.36.00'  149 deg.34.00'  ..............  ..............           10           10  ...........  ...........

[[Page 667]]

 
Wooded Island (Fish)................   59 deg.53.00'  147 deg.20.50'  ..............  ..............           10           10  ...........  ...........
Glacier Island......................   60 deg.51.00'  147 deg.09.00'  ..............  ..............           10           10  ...........  ...........
Seal Rocks..........................   60 deg.10.00'  146 deg.50.00'  ..............  ..............           10           10  ...........  ...........
Cape Hinchinbrook...................   60 deg.14.00'  146 deg.38.50'  ..............  ..............  ...........           10  ...........  ...........
Hook Point..........................   60 deg.20.00'  146 deg.15.50'  ..............  ..............  ...........           10  ...........  ...........
Cape St. Elias......................   59 deg.48.00'  144 deg.36.00'  ..............  ..............           10           10  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Three nm NO TRANSIT ZONES are described at 50 CFR 227.12(a)(2) of this title.
\2\ Additional closures along the Aleutian Island chain that extend into statistical area 610 of the Gulf of Alaska are displayed in Table 13 to this
  part.

[64 FR 3444, Jan. 22, 1999]

Effective Date Note: At 64 FR 3444, Jan. 22, 1999, table 13 was added, 
effective Jan. 20, 1999, through July 19, 1999. At 64 FR 39087, July 21, 
1999, the effective date was extended from July 21, 1999, through Dec. 
31, 1999.

[[Page 668]]



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-Stevens Act.
697.4  Relation to state law.
697.5  Civil procedures.
697.6  Specifically authorized activities.
697.7  Prohibitions.

    Authority: 16 U.S.C. 1851 note; 16 U.S.C. 5101 et seq.

    Source: 62 FR 49455, Sept. 22, 1997, 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:
    American lobster or lobster means the species Homarus americanus.
    Approved TED means any approved Ted as deined at 50 CFR 222.102.
    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.
    Atlantic sturgeon means members of stocks or populations of the 
species Acipenser oxyrhynchus.
    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.
    BRD means bycatch reduction device.
    Certified BRDs means any BRD, as defined in 50 CFR part 622 Appendix 
D: Specifications for Certified BRDs.
    Commercial purposes - means for the purpose of selling or bartering 
all or part of the fish harvested.
    Commission means the Atlantic States Marine Fisheries Commission 
established under the interstate compact consented to and approved by 
Congress in Public Laws 77-539 and 81-721.
    Continuous transit means that a vessel does not have fishing gear in 
the water and remains continuously underway while in the EEZ.
    Crab trawl means any trawl net that is rigged for fishing and has a 
mesh size of 3.0 inches (7.62 cm), as measured between the centers of 
opposite knots when pulled taut.
    De minimis state means any state where the landings are so low that 
the Commission's Fisheries Management Board has exempted that state from 
some of its regulatory responsibilities under an Interstate Fishery 
Management Plan.
    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.
    Flynets, for the purpose of this part, means any trawl net, except 
shrimp trawl nets containing certified BRDs and approved TEDs, when 
required under 50 CFR 223.206, and except trawl nets that comply with 
the gear restrictions specified at Sec. 648.104 of this chapter for the 
summer flounder fishery and contain an approved TED, when required under 
50 CFR 223.206.
    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.
    Natural Atlantic sturgeon means any Atlantic sturgeon that is not 
the result of a commercial aquaculture operation, and includes any 
naturally occurring Atlantic sturgeon (those Atlantic sturgeon naturally 
spawned and grown in rivers and ocean waters of the Atlantic Coast).
    Parts thereof means any part of an American lobster.

[[Page 669]]

    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.
    Pot or Trap means any structure or other device that, other than a 
net, is placed on the ocean bottom and is designed to or is capable of 
catching lobsters.
    Retain means to fail to return any species specified under 
Sec. 697.7 of this chapter to the sea immediately after the hook has 
been removed or after the species has otherwise been released from the 
capture gear.
    Shrimp trawl net means any trawl net that is rigged for fishing and 
has a mesh size less than 2.50 inches (6.35 cm), as measured between the 
centers of opposite knots when pulled taut, and each try net, as defined 
at Sec. 622.2 of this chapter, that is rigged for fishing and has a 
headrope length longer than 16.0 ft (4.9 m).
    Stocked Atlantic sturgeon means any Atlantic sturgeon cultured in a 
hatchery that is placed in rivers and ocean waters of the Atlantic Coast 
to enhance the Atlantic sturgeon spawning stocks.
    TED (turtle excluder device) means a device designed to be installed 
in a trawl net forward of the codend for the purpose of excluding sea 
turtles from the net.
    Weakfish means members of the stock or population of the species 
Cynoscion regalis, found along the Atlantic Coast from southern Florida 
to Massachusetts Bay.

[62 FR 49455, Sept. 22, 1997, as amended at 63 FR 10155, Mar. 2, 1998; 
64 FR 9450, Feb. 26, 1999; 64 FR 14077, Mar. 23, 1999]



Sec. 697.3  Relation to the Magnuson-Stevens Act.

    The provisions of sections 307 through 311 of the Magnuson-Stevens 
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-Stevens Act.



Sec. 697.4  Relation to state law.

    The regulations in this part do not preempt more restrictive state 
laws, or state enforcement of more restrictive state laws, with respect 
to weakfish fishing.



Sec. 697.5  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 Fisheries Cooperative 
Management Act, and the regulations in this part.



Sec. 697.6  Specifically authorized activities.

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



Sec. 697.7  Prohibitions.

    (a) Atlantic Coast weakfish fishery. In addition to the prohibitions 
set forth in Sec. 600.725 of this chapter, the following prohibitions 
apply. It is unlawful for any person to do any of the following:
    (1) Fish for, harvest, or possess any weakfish less than 12 inches 
(30.5 cm) in total length (measured as a straight line along the bottom 
of the fish from the tip of the lower jaw with the mouth closed to the 
end of the lower tip of the tail) from the EEZ.
    (2) Retain any weakfish less than 12 inches (30.5 cm) in total 
length taken in or from the EEZ.
    (3) Fish for weakfish in the EEZ with a minimum mesh size less than 
3 1/4-inch (8.3 cm) square stretch mesh (as measured between the centers 
of opposite knots when stretched taut) or 3 3/4-inch (9.5-cm) diamond 
stretch mesh for trawls and 2 7/8-inch (7.3 cm) stretch mesh for 
gillnets.
    (4) To possess more than 150 lb (67 kg) of weakfish during any one 
day or trip, whichever is longer, in the EEZ when using a mesh size less 
than 3 1/4-inch (8.3 cm) square stretch mesh (as measured between the 
centers of opposite knots when stretched taut) or 3 3/4-inch (9.5 cm) 
diamond stretch mesh for finfish trawls and 2 7/8-inch (7.3 cm) stretch 
mesh for gillnets.

[[Page 670]]

    (5) To fish using a flynet in the EEZ off North Carolina in the area 
bounded as follows:
    (i) On the north by a straight line connecting points 35 deg.10.8'N. 
lat., 75 deg.29.2'W. long. (3 nm off Cape Hatteras) and 35 deg.03.5'N. 
lat., 75 deg.11.8'W. long. (20 nm off Cape Hatteras).
    (ii) The east by a straight line connecting points 35 deg.03.5'N. 
lat., 75 deg.11.8'W. long. (20 nm off Cape Hatteras) and 33 deg.21.1'N. 
lat., 77 deg.57.5'W. long., (about 30 nm off Cape Fear on the extension 
of the North Carolina/South Carolina state line into the EEZ).
    (iii) On the south by a straight line connecting points 
33 deg.21.1'N. lat., 77 deg.57.5'W. long., and 33 deg.48.8'N. lat., 
78 deg.29.7'W. long. (3 nm off Little River Inlet on the North Carolina/
South Carolina state line).
    (iv) On the west by state waters.
    (6) To possess any weakfish in the closed area of the EEZ, described 
inParagraph (a)(5) of this section, when fishing with shrimp trawls or 
crab trawls.
    (7) To land weakfish for commercial purposes caught in the EEZ in 
any state other than Massachusetts, Rhode Island, Connecticut, New York, 
New Jersey, Delaware, Maryland, Virginia, or North Carolina.
    (b) Atlantic striped bass 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 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) Retain any Atlantic striped bass taken in or from the EEZ.
    (c) American Lobster fishery. In addition to the prohibitions set 
forth in Sec. 600.725 of this chapter and the restrictions set forth in 
Sec. 648.80 of this chapter, it is unlawful for a vessel that has a 
vessel permit issued under 50 CFR 649.4, that takes lobsters by any 
method other than pots or traps, or that takes lobsters on a fishing 
trip in the EEZ by any method other than pots or traps to do any of the 
following:
    (1) For each fishing trip of 24 hours or less duration, land 
American lobsters in excess of 100 lobsters, or parts thereof.
    (2) During any 5-day period, land American lobsters in excess of 500 
lobsters, or parts thereof.
    (3) For each fishing trip of 5 or more days duration, land American 
lobsters in excess of 500 lobsters, or parts thereof.
    (d) Atlantic sturgeon 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 Atlantic sturgeon in the EEZ.
    (2) Harvest any Atlantic sturgeon from the EEZ.
    (3) Possess any natural or stocked Atlantic sturgeon in or from the 
EEZ.
    (4) Retain any Atlantic sturgeon taken in or from the EEZ.
    (5) Possess any natural Atlantic sturgeon parts, including Atlantic 
sturgeon eggs, in the EEZ.

[62 FR 49455, Sept. 22, 1997, as amended at 64 FR 9451, Feb. 26, 1999]


[[Page 671]]



                              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 673]]

            Material Approved for Incorporation by Reference

                     (Revised as of October 1, 1999)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


50 CFR (PARTS 600-END)

NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION, DEPARTMENT OF COMMERCE
                                                                  50 CFR


Florida Marine Fisheries Commission

  2540 Executive Center Circle West, Suite 106, 
  Tallahassee, FL 32301, telephone (904) 487-0554
Florida Administrative Code, rules 62N-8.001 and                654.6(a)
  46-13.002(2)(e) and (f), all as in effect as of 
  April 14, 1995.
Florida Administrative Code, rule 46-13.002(2)(b),             654.20(b)
  in effect as of April 14, 1995.



[[Page 675]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 1999)

                      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)
         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 3201)

[[Page 676]]

     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       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)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      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)
      LXXI  Consumer Product Safety Commission (Part 8101)
     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]


[[Page 677]]



                         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 Nutrition 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)
      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)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       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 the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)

[[Page 678]]

     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     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)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--599)

                 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, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      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)

[[Page 679]]

        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  Department of the Treasury (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)

               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)

[[Page 680]]

       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)

             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)

[[Page 681]]

                     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)
        II  Agency for International Development (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)
       VII  Overseas Private Investment Corporation (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)

[[Page 682]]

                          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)
        IV  Office of Multifamily Housing Assistance 
                Restructuring, Department of Housing and Urban 
                Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        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, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities 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--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 683]]

                           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)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)

[[Page 684]]

       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)
        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)

[[Page 685]]

       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)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       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)
       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)

[[Page 686]]

                        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)
         X  Presidio Trust (Parts 1000--1099)
        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)

                       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)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts

[[Page 687]]

        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
       300  General (Parts 300-1--300.99)
       301  Temporary Duty (TDY) 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 (Part 303-70)
       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)

                   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)

[[Page 688]]

       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                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  Corporation for National and Community Service (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)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

[[Page 689]]

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (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  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        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)
        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)

[[Page 690]]

        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)
        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)

[[Page 691]]

        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, 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
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 693]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 1999)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

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, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition 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
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 694]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
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
Chief Financial Officer, Office of                7, XXX
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
Coast Guard (Great Lakes Pilotage)                46, III
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, VI
  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                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII, XXV
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; 
                                                  40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 695]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  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 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 Development Administration               13, III
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
Environmental Protection Agency                   5, LIV; 40, I, VII
  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
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1

[[Page 696]]

Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 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 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
  Board of Governors                              5, LVIII
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
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
Food and Drug Administration                      21, I
Food and Nutrition 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                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  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

[[Page 697]]

  Temporary Duty (TDY) 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
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
  Multifamily Housing Assistance Restructuring,   24, IV
       Office of
  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
  American Indians, Office of the Special         25, VII
       Trustee
  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
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI

[[Page 698]]

  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, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, United States        22, II; 48, 7
       Agency for
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
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                                5, XXVIII; 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                                  5, XLII
  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 Standards, Office of           29, II, 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 Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
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

[[Page 699]]

Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Multifamily Housing Assistance Restructuring,     24, IV
     Office of
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, XII, 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 Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
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                       5, XLIII; 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
Northeast Dairy Compact Commission                7, XIII
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
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
     Acquisition Regulation
[[Page 700]]

  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
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
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, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
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 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
  Coast Guard (Great Lakes Pilotage)              46, III
  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
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV

[[Page 701]]

  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Statistics Brureau                 49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 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
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 703]]





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
    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

[[Page 704]]

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
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

[[Page 705]]

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
    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

[[Page 706]]

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
    (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

[[Page 707]]

    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
    (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

[[Page 708]]

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
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

[[Page 709]]

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
    (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

[[Page 710]]

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
    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

[[Page 711]]

    (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
    (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

[[Page 712]]

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
    (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,

[[Page 713]]

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,
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

[[Page 714]]

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
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

[[Page 715]]

    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
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

[[Page 716]]

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
    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

[[Page 717]]

    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
    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

[[Page 718]]

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
    (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

[[Page 719]]

    (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
    (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

[[Page 720]]

    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
    (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

[[Page 721]]

    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
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

[[Page 722]]

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
    (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

[[Page 723]]

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
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

[[Page 724]]

    Interpretation.................................................41191
    Inseason adjustments....................................42387, 45609
675.2  Amended..........................................4847, 8143, 9892
    Amended; interim; eff. to 11-10-90.............................33721
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

[[Page 725]]

    (a) corrected..................................................28349
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
    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

[[Page 726]]

    (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
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

[[Page 727]]

    (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
    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

[[Page 728]]

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
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

[[Page 729]]

    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
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

[[Page 730]]

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
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

[[Page 731]]

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
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

[[Page 732]]

    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
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

[[Page 733]]

    (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
    (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

[[Page 734]]

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
    (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

[[Page 735]]

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
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

[[Page 736]]

    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
    (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

[[Page 737]]

    (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
    (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

[[Page 738]]

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
    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

[[Page 739]]

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
    (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

[[Page 740]]

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
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

[[Page 741]]

    (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
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

[[Page 742]]

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
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

[[Page 743]]

    (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
    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

[[Page 744]]

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
    (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

[[Page 745]]

    (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
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

[[Page 746]]

    (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
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

[[Page 747]]

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
    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

[[Page 748]]

676.5  Added; eff. 9-11-95 through 12-31-98........................40772
676.6  Added; eff. 9-11-95 through 12-31-98........................40772
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

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
    (i) revised; (j) and (k) removed; interim; eff. 4-9-96 through 
5-1-96.............................................................16401

[[Page 749]]

    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, 52715
    Regulation at 61 FR 34934 confirmed............................47821
622.1  Table 1 amended......................................43956, 65483
622.2  Amended..............................................43956, 65483
    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
622.33  (a), (b) introductory text and (3) revised.................64486
    (c) added......................................................65483
622.34  (l) added; eff. 10-16-96...................................48642
622.35  (f) added..................................................43959
    (g) added; eff. 10-9-96........................................47449
622.37  (g) added..................................................65483
622.38  (f) added..................................................43959
    (g) added......................................................65483
622.39  (e) added..................................................65483
    (b)(1)(i) revised; (b)(1)(v) added.............................65985
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
    (f) added......................................................65484
622.42  (a)(1) revised.............................................48643
622.44  (e) added..................................................48415
    (a) revised....................................................48851
    (f) added......................................................65484
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
    (aa) added.....................................................64487
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

[[Page 750]]

641.7  (nn) through (qq) added; interim...............................19
    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, 60044
    Quotas.......38403, 52384, 52715, 54578, 54579, 56902, 64999, 67497, 
                                                                   68164
648.1  (a) revised.................................................43424
648.2  Amended.........................39910, 43424, 49277, 56126, 58464
648.4  (a)(1)(ii) revised..........................................39910
    (a)(6) added; (b) revised......................................43424
    (a)(1) introductory text revised...............................49277
    (a)(6)(i)(A)(3) added..........................................56126
    (a)(7) added; (b) revised......................................58464
648.5  (a) amended.................................................43425
    (a) revised....................................................58465
648.6  (a) revised..........................................43425, 58465
648.7  (a)(1)(i), (2)(i), (b)(1)(i) and (iii) amended; (f)(3) 
        revised....................................................43425
    (a)(1)(i), (b)(1)(i) and (iii) amended; (a)(2)(i) and (f)(3) 
revised............................................................58465
648.11  (a) amended; (e) introductory text, (1) and (2) revised....43425
    (a) amended; (e) revised.......................................58465
648.12  Introductory text revised..................................43425
    Revised........................................................58466
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
    (t) reinstated.................................................53866
    (a)(43) revised................................................54106
    (a)(52) revised; (a)(89) added.................................55776
    (k)(12) added..................................................56126
    (a)(8) revised; (u) redesignated as (w); (a)(90) through (95), 
new (u), (v) and (w)(7) added......................................58466
    corrected......................................................53866
648.51  (f) revised................................................38405
648.73  (a)(1), (2) and (3) corrected..............................60154
648.80  (a)(4)(i)(A) and (b)(2)(iii) revised; (b)(5) added.........54106
    (a)(8) revised.................................................55777
    (a)(8)(i) revised..............................................68165
648.81  (d) and (g)(1) revised; (i) added..........................55777
648.83  (b)(3) added...............................................49277
648.87  (b)(1) revised; (b)(2) amended.............................47828
    (b)(1) revised.................................................55777
648.88  (d) added..................................................39910
648.123  (b)(3) added..............................................56126
648.120--648.126 (Subpart H)  Revised..............................43426
648.124--648.125 (Subpart H)  Eff. 7-1-96 through 9-29-96..........34967
648.140--648.146 (Subpart I)  Added................................58467
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

[[Page 751]]

    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
    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
660  Temporary regulations..................................51670, 56902
    Restrictions..............................35144, 47089, 48643, 56902
    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

[[Page 752]]

    (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
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
679  Fishery management measures...................................51374
    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, 51789, 52385, 52716, 53153, 53154, 53679, 54580, 
         54677, 54953, 55119, 56150, 57340, 57341, 57781, 58491, 64298, 
                                              64487, 65989, 68672, 69050
    Recordkeeping and reporting requirements.......................52385
    Inseason adjustments......................39100, 48073, 54580, 57780
    Nomenclature change............................................56438
    Figure 4 and Tables 3 and 9 corrected..........................40481
    Technical correction......................41684, 57002, 64569, 65989
    Reallocation...................................................49418
    Specifications and fishery management measures.................60044
    Specifications.................................................64299
679.1  (h) revised.................................................38103
    (f) revised....................................................56429
679.2  Amended...........33384, 35578, 38104, 38359, 49981, 56429, 65987
679.3  (a) and (c) revised.........................................35578

[[Page 753]]

679.4  (d)(1) introductory text and (f)(1)(i) revised..............35578
    (d)(6)(ii) revised.............................................41525
    (g) removed; (f)(1)(i), (ii) and (2)(ii) revised...............56430
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
    (a)(2) revised.................................................56431
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
    (b)(1), (f)(14), (g)(5), (6) and (7) removed; (b)(2), (3), 
(4), (f)(15), (16), (g)(3), (4), (8) and (9) redesignated as 
(b)(1), (2), (3), (f)(14), (15) and (g)(4) through (7); (a)(3), 
(g)(2) and new (7) revised; (g)(3) added...........................56431
    (c)(1) removed; (c)(2), (3) and (4) redesignated as (c)(1), 
(2) and (3)........................................................65987
679.20  (a)(5)(i)(A) revised.......................................39602
    (a)(7) revised.................................................59030
679.21  (b)(1) revised.............................................35579
    (b)(2)(ii) and (c)(1) revised..................................38359
    (c)(3) revised.................................................56431
    (e)(1)(i), (6), (7)(ii) and (iii) revised; (e)(7)(vi)(A) 
heading and (1) removed; (e)(3)(ii)(B) and (7)(vi)(A)(2) 
redesignated as (e)(3)(ii)(C) and (7)(vi)(A); new (e)(3)(ii)(B) 
added..............................................................65987
679.22  (a)(1), (2) and (3) revised; (a)(9) and (10) added.........65988
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
    (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
    (e)(2) revised; (e)(3) added...................................67964
679.42  (a), (i), (j) introductory text, (1) and (4) revised; (k) 
        added......................................................33385
    (a) revised....................................................43314
679.50 (Subpart E)  Revised........................................56431
    (f)(1)(iii)(B)(1) and (2)(iii)(B)(1) revised...................63761
    (c)(1)(viii) and (ix) added....................................65989
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
679.62  (d) revised................................................65989
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

[[Page 754]]

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 681.29.....................................35151
681.32  Redesignated as 681.30.....................................35151
683  Removed.......................................................34611
683.2  Amended......................................................8891
683.4  (d) added....................................................8891
683.6  (i) and (j) amended; (f) through (k) redesignated as (g) 
        through (l); new (f), (m) and (n) added.....................8891
683.9  Redesignated as 683.10; new 683.9 added......................8891
683.10  Redesignated as 683.11; new 683.10 redesignated from 683.9
                                                                    8991
683.11  Redesignated from 683.10....................................8891
683.29  (a) amended.................................................8891
685  Removed.......................................................34611
695  Removed.......................................................35579
697  Revised.......................................................29321
697.6  (a) stayed..................................................34746

                                  1997

50 CFR
                                                                   62 FR
                                                                    Page
Chapter  VI Policy statement.................................8178, 44421
600  Specifications and fishery management measures..................700
    Technical correction.....................................3335, 18300
    Authority citation revised.....................................23669
600.10  Amended.............................................14646, 66551
600.215  Introductory text removed; (a) through (g), (c)(1) 
        through (6), (f)(1), (2), and (g)(1) through (6) 
        redesignated as (a)(1) through (7), new (a)(3)(i) through 
        (vi), new (a)(6)(i) and (ii) and new (a)(7)(i) through 
        (vi); new (a) introductory text and new (b) added..........47586
600.508  (f) revised...............................................27183
    (f)(2)(i)(D) revised...........................................34397
600.750--600.760 (Subpart I)  Added................................23669
600.805--600.815 (Subpart J)  Added; interim.......................66551
600.905--600.930 (Subpart K)  Added; interim.......................66555
622  Temporary regulations...........689, 1402, 3808, 9718, 14651, 42417
    Technical correction...........................................46680
    Temporary regulations..............52045, 61700, 63677, 66304, 67010
622.2  Amended.....................................................18539
622.4  (a)(2)(i), (v), (g) and (p)(3)(i) amended; (m) and (n) 
        revised....................................................13986
    (d) and (p) revised............................................67721
    (a) introductory text, (2) heading, (ix), (g) and (i) through 
(l) revised........................................................67722
622.7  (a), (b) and (c) revised....................................67722
622.31  (a) amended; (c) revised...................................13987
622.32  (b)(2)(iii) revised........................................13988
622.34  (l) revised................................................46679
    (i)(1) Amended.................................................47767
    (c) amended; (l) revised.......................................67722
    (g) introductory text and (1) amended..........................67723
622.36  Introductory text through (c) redesignated as (b) 
        introductory text through (3); (a) added...................67723
622.37  (d)(4) amended.............................................13988
    (d)(1) revised,; (d)(6) added; eff. 9-14-97 to 3-10-98.........47766
    Regulation at 62 FR 47766 eff. date extended...................67715
622.39  (c)(1)(ii) revised.........................................23674

[[Page 755]]

    (a)(2)(iv) added; (b)(1)(ii) and (v) revised...................67723
622.40  (a)(2) revised.............................................13988
622.41  (g) added..................................................18539
622.42  (a)(3) revised.............................................13988
    (c)(1)(ii) and (2) revised.....................................23674
    (a) introductory text removed; (a)(1) and (2) revised; eff. in 
part 10-6-97.......................................................46679
    (a)(1)(i) revised..............................................67723
622.43  (b)(1) amended.............................................13988
    (a)(1) revised; eff. 10-6-97...................................46679
    (a)(5) amended; (e) revised....................................67723
622.44  (a)(2)(i)(A), (B), (ii)(B)(1), (2), (b)(1)(ii)(A), (B), 
        (C) and (2) revised........................................23674
    (e) revised....................................................67723
622.48  (d)(1) revised.............................................13988
    (h) added......................................................18539
622  Appendix A amended.....................................13988, 67723
    Appendix D added...............................................18539
628  Removed.......................................................13301
630  Quota.........................................................13350
    Temporary regulations...................................26427, 50257
630.1  (b) revised.................................................55361
630.2  Amended.....................................................55361
630.4  (a) revised.................................................55361
630.7  (c) revised; (bb) and (cc) added............................55361
630.7  Regulation at 61 FR 64487 eff. date corrected to 12-1-96 
        through 5-29-97............................................30776
    (aa) added.....................................................30776
630.21  Revised....................................................55361
630.23  (a) and (b) amended........................................55362
630.24  (a) redesignated as (a)(1); (a)(2) and (b)(5) added; 
        (b)(1), (2), (3), (c), (d)(4) and (e) revised..............55362
630.25  Heading and (a)(1) revised; (b) amended....................55362
640  Rescission....................................................14352
648  Quotas.......4021, 11108, 34016, 37741, 43127, 43674, 44424, 47767, 
                                              50525, 52275, 55362, 67754
    Specifications.................................................10478
    Technical correction....................................11953, 13733
    Nomenclature change............................................14651
    Temporary regulations............................36738, 38039, 64765
648.1  (a) revised.................................................13299
648.2  Amended...........................2620, 9379, 10748, 13299, 14646
    Amended; interim...............................................15385
    Regulation at 62 FR 15385 confirmed; amended...................49148
    Corrected...............................................51381, 51381
648.4  Heading, (a) introductory text, (c) introductory text, (1), 
        (2) introductory text, (i), (f), (j), (k) and (l) revised; 
        (a)(8) and (c)(3) added; (b) amended.......................13299
    (a)(1)(i)(E)(2), (6)(i)(B)(1), (c)(2)(ii)(A) and (B) revised 
                                                                   14646
    (c)(2)(iii) revised; interim...................................15386
    (b) revised....................................................27984
    (a)(5)(ii), (iii) and (iv) redesignated as (a)(5)(iii), (iv) 
and (v); (a)(5) introductory text, (i)(A), new (iii) and new (iv) 
revised; new (a)(5)(ii) added......................................28642
    Regulation at 62 FR 15386 confirmed............................49148
    (c)(2)(3)(B) corrected.........................................51381
    (c)(2)(iii)(B) corrected.......................................51381
    (a)(3)(i)(B)(2) removed; (a)(3)(i)(C), (5)(i)(A)(2), (C), 
(ii)(A)(2), (C), (6)(i)(A)(2) and (C) revised......................63875
648.7  (f)(2) revised..............................................14646
648.9  (e) revised.................................................14646
648.10  (a) table amended; (e) removed; (f) redesignated as (e); 
        (b) introductory text, (1), (c)(1), (2), (3), (5) and new 
        (e) introductory text revised; new (f) added...............14647
    (c)(3) and (f) revised; interim................................15386
    Regulation at 62 FR 15386 confirmed............................49148
    (f)(2) correctly revised.......................................51381
648.10  (f)(2) correctly revised...................................51381
648.12  (a), (b) and (c) added.....................................37156
648.13  (a) revised................................................28642
648.13  (d) added..................................................63875
648.14  (a)(96) added; eff. 2-13-97 through 7-15-98.................1831
    (a)(89) revised; (c)(11) added..................................9379
    (a)(97), (98) and (99) added...................................10748
    (w) redesignated as (x); new (w) added.........................13300
    (a)(19), (37), (40), (43), (48), (50), (57) introductory text, 
(i), (86), (96), (c)(6), (7), (d)(3), (h)(1), (9), (i)(1) and 
(x)(1)(iii) revised; (a)(100) and (d)(4) added; (c)(10) and (r) 
removed............................................................14647
    (a)(43), (b), (c)(1) and (7) revised; (c) (11) through (19) 
added; interim.....................................................15386
    (a)(89) revised................................................15428
    (a)(96) reinstated; (a)(101) correctly added...................18300

[[Page 756]]

    (a)(89) through (101) redesignated as (a)(90) through (102); 
new (a)(89) added..................................................27984
    (p)(2) through (8) redesignated as (p)(3) through (9); (a)(75) 
and new (p)(6) revised; new (p)(2) added...........................28642
    (a)(103) added; (c)(1), (11), (12), (13), (15), (18) and (19) 
revised............................................................37156
    Regulation at 62 FR 15386 confirmed; (c)(9) revised; (c)(11) 
correctly designated as (c)(10); (c)(20) and (21) added............49148
    (a)(89) revised................................................52274
    (a)(89) correctly revised......................................52274
    (j)(9) added...................................................63875
    (u)(1) revised.................................................66310
648.15  (c) added..................................................14648
648.20  (b), (c) and (d) revised....................................8637
648.21  (c)(5) revised..............................................8637
648.22  (a) and (c) revised.........................................8637
648.23  (b)(3)(ii) and (4) revised.................................14648
648.51  (e) introductory text revised..............................14648
648.52  Heading and (a) revised....................................14648
    (a) revised....................................................37156
648.53  (a) and (b) introductory text revised......................14648
    (e) revised; interim...........................................15386
    Regulation at 62 FR 15386 confirmed............................49148
648.54  (a), (b)(1) and (c) revised................................14649
    (b)(2) revised; (g) added......................................43470
648.55  (d), (e) and (f) redesignated as (f), (g) and (h); heading 
        and new (f)(3) revised; new (d) and new (e) added...........1404
648.56  Added.......................................................1831
648.73  (a)(1), (2) and (3) revised................................14649
    (a)(2) and (3) revised.........................................37156
648.80  (a)(2)(iii) revised; (a)(10) added..........................8404
    Introductory text, (2)(iii), (3)(iii), (5) introductory text, 
(7)(iv) introductory text, (D), (b)(2)(iii), (3)(i), (c)(1) and 
(2)(i) revised.....................................................14649
    (a)(2)(iii), (3)(i), (b)(2)(iii) and (5) revised; (a)(11), 
(12), (13) and (b)(6), (7) and (8) added; interim..................15387
    Regulation at 62 FR 15387 confirmed; (a)(2)(iii), (11), 
(b)(2)(iii) and (8) revised........................................49148
648.81  (f)(2)(ii) revised..........................................9379
    (j) through (m) added..........................................10748
    (e) introductory text removed; interim.........................15388
    Regulation at 62 FR 15388 confirmed............................49148
648.82  (b)(1)(i), (2)(i), (5)(i) and (7)(i) revised; (j) added.....2620
    (b)(1)(ii), (2)(ii), (4)(i) introductory text, (ii), (6)(i), 
(d)(2)(i) introductory text and (g) revised........................14650
    (g) revised; (j) added; interim................................15388
    (j) redesignated as (k); new (k)(1)(i) and (iv) revised........37156
    Regulation at 62 FR 15388 confirmed............................49148
    (g), (h), (k)(1)(ii) and (iv)(A) revised.......................49149
648.86  (a)(2)(iii) revised; (b) removed; (c) redesignated as (b) 
                                                                   14650
    (a)(1) revised; (c) and (d) added; interim.....................15389
    (b) and (c) redesignated as (c) and (b); new (b)(1)(i), (ii) 
introductory text, (iii) and (2) revised; (d) removed..............37157
    Regulation at 62 FR 15389 confirmed............................49148
648.87  Heading, (a), (b) heading and introductory text revised.....9379
    Heading, (a) and (b) revised...................................15428
    Section heading, (a), and (b) revised..........................52274
648.87  Heading, (a) and (b) correctly revised.....................52274
648.90  (b)(2) and (3) redesignated as (b)(3) and (4); (b) 
        introductory text, (1) and new (3)(iii) revised; new 
        (b)(2) added................................................1405
    (a)(3) revised.................................................14650
648.100  (b)(8) revised............................................14650
    (a) revised....................................................66310
648.103  (a) revised...............................................10478
    (b) revised....................................................37157
    (c) revised....................................................63875
648.104  (a)(1) revised; (f) added.................................63876
648.105  (a) amended...............................................37157
648.106  Introductory text revised.................................14651
648.120  (b)(1), (c) and (d) revised; (b)(2) through (8) 
        redesignated as (b)(4) through (10); new (b)(2), new (3) 
        and (e) added..............................................27984
648.121  Revised...................................................27985
648.123  (a)(1) revised............................................12107
648.143  (a)  amended..............................................66310

[[Page 757]]

648.144  (b) revised...............................................25138
    (a)(1)(i) amended..............................................66310
648.160--648.163 (Subpart J)  Added................................13300
649.2  Amended.....................................................10750
649.8  (a) introductory text, (b), (c) introductory text, (1)(iv), 
        (2) and (4) revised; (c)(1)(v) added........................9993
    (c)(11), (12) and (13) added...................................10750
649.23  Added......................................................10750
649.24  Added.......................................................9993
649.44  (e), (f) and (g) redesignated as (f), (g) and (h); heading 
        and (f)(3) revised; new (e) added...........................1405
660  Specifications and fishery management measures..................700
    Technical correction......................................3335, 4576
    Inseason adjustment.......................19937, 43485, 60788, 63876
    Fishery management measures...............24355, 28108, 53577, 61700
    Temporary regulations.....................24845, 25872, 32048, 39782
    Heading revised................................................27524
    Harvest guidelines......................................28376, 33761
    Restrictions........29676, 30776, 32543, 36228, 38942, 45357, 46920, 
                                                     51381, 51381, 51814
    Quotas.........................................................44425
660.12  Amended.............................................35449, 47587
    Corrected......................................................43294
660.14  (f)(2) revised.............................................27524
660.42  (a)(4) removed; (a)(5) through (8) redesignated as (a)(4) 
        through (7); new (a)(8), (9) through (12) and (b)(5) added
                                                                   35449
660.48  (a)(7) and (8) added; eff. in part 1-1-98..................35450
660.50  (b)(4) added...............................................35450
660.61  (a) revised.................................................8638
660.306  (b) amended; (j), (k), (m), (q) and (r) revised; (u), (v) 
        and (w) added..............................................27521
    (s) and (t) added..............................................34674
660.323  (a)(3)(i), (iv) and (4) revised...........................27522
    (a)(2) introductory text revised; (a)(2)(i) through (v) 
redesignated as (a)(2)(ii) through (vi); new (a)(2)(i) added.......34674
    (a)(2) revised.................................................45356
660.333  (a), (d) and (h)(2)(iii) revised; (c)(1) amended..........34674
660.334  (a) revised...............................................34674
660.335  (a) revised...............................................34674
660.336  Revised...................................................34674
660.410  Heading and (a) revised; (c) added........................35451
660.501--660.513 (Subpart I)  Added................................19043
660.513  Corrected.................................................20066
662  Removed.......................................................19045
674  Removed.......................................................19687
678  Temporary regulations..................................16656, 38942
    Quota..........................................................26428
678.2  Amended.....................................................16655
678.5  (b)(1)(iv)(A) and (B) amended...............................16655
678.7  Revised.....................................................16655
678.22  (d) added..................................................16656
678.23  (b) and (c) revised........................................16656
    (b) and (c) redesignated as (b)(1) and (2); (b) heading, 
introductory text and new (c) added................................27704
678.24  (b) revised................................................16656
678.29  Added......................................................16656
679  Inseason adjustments.........2043, 7948, 8883, 10752, 20129, 26429, 
                                              30287, 31010, 38038, 52275
    Nomenclature change.............................................2047
    Specifications and fishery management measures.................34182
    Temporary regulations......4192, 5781, 6132, 7168, 8179, 8188, 8406, 
        8407, 8638, 9379, 9718, 9994, 10222, 10479, 11770, 11771, 13351, 
         13352, 14352, 14651, 14652, 16112, 16736, 17568, 18542, 18725, 
         19061, 19062, 19394, 22896, 24058, 25138, 26429, 26992, 27210, 
         30287, 31367, 32048, 32049, 33375, 36018, 36739--36741, 37157, 
         38039, 38943, 39782, 39783, 40309, 40474, 40754, 40755, 43485, 
         43486, 43954, 46680, 46681, 47768, 48497, 48498, 50888, 52046, 
         53579, 54397, 54592, 58688, 59623, 61457, 63877, 63878, 64766, 
                                                            67754, 68229
    Technical correction....................................19659, 26854
    Authority citation revised.....................................19687
    Apportionment...........................................31369, 66031
    Reporting and recordkeeping requirements.......................37523
679.1  (c) and (g) revised..........................................2045
    (i) added......................................................19687
    Reallocation.....................................51609, 53973, 55539
    Fishery management measures.............................65622, 65626
679.1  (d)(2) revised..............................................59298
679.2  Amended............2045, 17752, 17755, 19687, 35111, 63890, 66831
    Corrected...............................................26428, 38944

[[Page 758]]

679.3  (d) revised..................................................2045
    (f) added......................................................19688
679.4  (c)(3)(iii) and (4)(iii)(A) revised..........................2045
    (c)(10)(i) revised; (g) added; eff. in part 7-1-97 through 6-
30-00..............................................................17752
    (b)(4)(i) and (f) revised......................................17756
    (h) added......................................................19688
679.5  (a)(1)(iii), (7)(v)(E), (10)(i)(A), (B), (ii) through (iv), 
        (h)(2)(ii)(A), (D), (3)(i)(E), (i)(3)(ii) through (v), 
        (j)(2) and (4)(ii), (iii) and (iv) revised; (h)(2)(i)(C) 
        and (ii)(F) added...........................................2045
    (a)(2), (5)(iii), (iv), (10)(i)(A), (B), (c)(3)(i) 
introductory text, (B), (C), (D), (ii)(A), (D), (iv) heading, (v) 
heading, (d)(2)(i), (e)(2)(i) and (f)(2)(i) revised; 
(a)(6)(iii)(H), (8)(ii)(A), (9)(ii), (10)(i)(A), (f)(2)(ii)(E), 
(g)(3)(iii)(E), (iv), (h)(3)(iv) and (k)(2)(ii)(C) amended; 
(c)(3)(iii)(A), (B) and (vi) added.................................17756
    (a)(1) introductory text revised...............................19690
    (l)(1)(i)(B) revised; (l)(1)(i)(D) added.......................26247
    (a)(10)(i)(C) correctly removed; (i)(3)(ii), (iii), (iv), 
(j)(4)(ii), (iii) and (iv) corrected...............................26749
    679.5  (l)(2) revised..........................................59299
    (l)(1)(iv) revised.............................................60669
    (c)(3)(ii)(G) and (e)(2)(ii)(F) added..........................63890
679.7  (b)(1) removed; (b)(2) and (3) redesignated as (a)(13) and 
        (b).........................................................2046
    (a)(14) and (i) added; (b) and (c)(3) removed..................19690
    (g)(1) revised.................................................67760
679.20  (d)(2) revised..............................................2046
    (f)(2) revised.................................................11110
    (b)(2), (3) heading, (i)(A), (ii)(A) and (B) revised; 
(b)(2)(i) and (ii) added...........................................15127
    (g)(5)(ii) revised.............................................63890
    (a)(8) redesignated as (a)(9); new (a)(8) and (c)(6) added.....68228
679.21  (e)(1)(ii) and (6) revised; (e)(1)(iii) removed; 
        (e)(1)(iv) through (vii) redesignated as (e)(1)(iii) 
        through (vi)...............................................13841
    (e)(1)(iii) through (vi) and (7)(iv) through (vii) 
redesignated as (e)(1)(iv) through (vii) and (e)(7)(v) through 
(viii); (e)(3)(ii)(A), (C) and (6) revised; new (e)(1)(iii) and 
new (7)(iv) added..................................................66831
679.22  (g) added...................................................2046
679.23  (e)(2)(ii)(B) and (3)(ii) revised...........................2046
679.24  (e) added..................................................23183
679.27  Added......................................................63890
    (a) and (b) revised............................................65381
679.40  (a)(5)(ii)(B) revised......................................59299
679.42  (f)(1), (2) and (3) revised.................................7948
    (j) introductory text amended..................................19690
    679.42  (c) revised............................................60669
    (c)(2)(iii) corrected..........................................66311
679.43  (a) revised................................................17753
679.50  (i)(2)(xiv)(E)(4) revised..................................60182
    (c)(1)(i), (ii), (3) introductory text, (d)(1) and (2) revised
                                                                   63891
    Heading, (c)(1)(vi), (vii), (i)(1)(i), (iii), (2)(xiv) 
introductory text, (G) and (j)(7)(iv) revised; (h)(2)(i)(A)(4) 
removed; (h)(2)(i)(A)(5) redesignated as (h)(2)(i)(A)(4)...........67760
679.64  Revised....................................................68231
679  Table 2 amended................................................2047
    Table 10 revised...............................................11109
    Tables 1 and 3 amended.........................................60670
697  Revised; eff. 10-22-97........................................49455

                                  1998

50 CFR
                                                                   63 FR
                                                                    Page
Chapter VI
600  Specifications..................................................419
    Workshop.........................................52984, 56094, 67624
    Heading revised..........................................7073, 24229
    Technical correction...........................................10677
    Fishery management measures....................................24970
    Regulations at 62 FR 66531, comment period extension.....8607, 26250
    Restrictions...................................................36612
    Temporary regulations..........................................53313
    Fishing restrictions...........................................64209
600.5  (a) and (b) amended..........................................7075
600.10  Amended...............................................7073, 7075
600.15  (b)(7) removed; (b)(8) through (13) redesignated as (b)(7) 
        through (12)................................................7073
600.105  (a), (b) and (c) amended...................................7075
600.115  (a) and (b) amended........................................7075

[[Page 759]]

600.205  (a) and (b) amended........................................7075
600.210  (a) amended................................................7073
600.215  (a)(4) amended.............................................7073
    (a)(3) amended..................................................7075
600.225  (b)(2) amended.............................................7075
    (b)(4) amended; (b)(8) revised.................................64185
600.230  Amended....................................................7073
600.235  (c) amended................................................7073
    (a) amended.....................................................7075
    Revised........................................................64185
600.245  (a) amended................................................7075
600.305  (a)(2), (3), (c)(1) and (3) amended........................7075
    (a)(2) and (3) amended; (c)(1), (3), (11) and (12) revised; 
(c)(13) removed....................................................24229
600.310  (b) and (f)(3) introductory text amended...................7073
    (c)(7)(i), (iii), (f)(1), (2) introductory text, (5) and (h) 
introductory text amended...........................................7075
    Revised........................................................24229
600.315  (e)(3) and (4) redesignated as (e)(4) and (5); new (e)(3) 
        added; (c)(2), (3), (e)(1) introductory text, (ii) and new 
        (4) revised................................................24233
600.320  (c) amended.........................................7075, 24234
600.325  (c)(3)(ii) amended.........................................7075
    (c)(3)(ii) revised.............................................24234
600.330  (c)(2) amended.............................................7073
    (c) introductory text, (1) and (2) amended......................7075
    (a), (b)(1) and (c)(2) revised; (c) introductory text and (1) 
amended............................................................24234
600.340  (b)(1) and (2)(iii) amended................................7075
    (b)(1) amended.................................................24234
600.345  Added.....................................................24234
600.350  Added.....................................................24235
600.355  Added.....................................................24236
600.405  Amended....................................................7075
600.415  (c)(2) amended.............................................7075
600.501  (a)(1), (b), (e)(1)(i), (v) and (i) amended................7075
600.502  (f)(1) amended; (g), Table 1 and Table 2 revised...........7073
600.504  (a)(1) and (b)(5) amended..................................7075
600.505  (a)(1), (2), (4), (5), (6), (8), (28) and (b)(1) amended 
                                                                    7075
600.506  (a), (b)(1), (2), (c)(2), (g)(2) and (j)(1) introductory 
        text revised; (f), (h)(1), (2)(iii), (3)(ii) and (j)(2)(i) 
        amended.....................................................7074
    (b) introductory text and (h)(3) introductory text amended......7075
600.507  (a)(4) and (i) amended.....................................7075
600.511  (c)(1) amended.............................................7075
600.512  (a) amended................................................7075
600.515  Amended....................................................7075
600.516  (c) amended................................................7075
600.518  (b)(3) and (e)(1)(iv) amended..............................7075
600.520  (b)(2)(ii), (iii) and (3) amended..........................7075
600.610  (a)(1) amended.............................................7075
600.615  (d)(2) revised.............................................7075
600.725  (a), (b), (d), (f), (g), (h), (j), (k) and (p) amended.....7075
    (p) redesignated as (t); new (p) through (s) and (u) added; 
new (t) revised....................................................27217
600.730  (a) amended................................................7075
600.735  Amended....................................................7075
600.740  (a) introductory text text, (4), (b) and (c) amended.......7075
600.745  (a), (b)(1), (2) introductory text, (viii), (3)(i) 
        introductory text, (ii), (iii) introductory text, (iv), 
        (v), (c)(2), (d)(1), (2) introductory text, (2)(x), (3)(i) 
        and (ii) introductory text amended..........................7075
600.746  Added.....................................................27217
600.750  Amended....................................................7075
622  Temporary regulations.......1772, 6109, 10154, 11628, 15784, 15785, 
                                              18147, 37070, 45186, 58327
    Fishery opening.................................................9158
    Technical correction...........................................37246
    Regulation at 63 FR 27500 eff. date extended to 5-15-99........64430
622.1  Table 1 amended.............................................10565
622.2  Amended..............................................10565, 18144
622.4  Regulation at 62 FR 67721 eff. date corrected to 12-30-97 
                                                                     290
    (a)(2)(iv), (v), (vi) and (g) revised; (a)(2)(iii) and (q) 
added; (d) amended.................................................10565
    (a)(2)(ii), (o) heading, (1) and (2) amended...................10569
    (a)(2)(vi) and (g) amended; eff. in part 12-14-98..............38301
    (a)(2)(x) added................................................57590
622.5  (a)(1)(i) revised...........................................10567
    (a)(1)(v) amended..............................................57590
622.6  (b) revised; (c) and (d) removed............................10567
    (a)(1)(i) introductory text amended............................57590

[[Page 760]]

622.7  Regulation at 62 FR 67722 eff. date corrected to 12-30-97 
                                                                     290
    (aa) added; interim; eff. 5-14-98 through 11-16-98.............27488
    (b) revised....................................................38301
    (a), (b), (c) and (z) amended..................................57590
622.8  (a) amended.................................................57590
622.9  Added; interim; eff. 5-14-98 through 11-16-98...............27488
622.17  Revised....................................................57590
622.18  Added......................................................38301
622.31  (d) removed; (e) through (k) redesignated as (d) through 
        (j)........................................................10567
    (a) amended....................................................57590
622.32  (c)(1) revised.............................................10567
622.34  Regulation at 62 FR 67723 eff. date corrected to 1-1-98......290
    (l) suspended; (m) added; eff. 4-29-98 through 10-13-98; 
interim............................................................18146
    (l) suspended; (m) added; interim; eff. 1-1-99 through 6-29-99
                                                                   72203
622.35  (e)(2)(i) revised..........................................10567
    (f) amended....................................................57590
    (e)(1)(xxx) through (xxxix) added; (e)(2)(i) revised; 
(e)(2)(iv) amended.................................................71794
622.37  (d)(3) revised...............................................444
    (c)(1) revised.................................................10567
622.38  (a) revised; (h) added.....................................10567
    (a) revised; (i) added.........................................38303
622.39  (c)(1)(ii) revised..........................................8356
    (b)(1)(iii) suspended; (b)(1)(iv) added; eff. 4-29-98 through 
10-13-98; interim..................................................18147
    (a)(3) added...................................................38303
    (b)(1)(iii) suspended; (b)(1)(vi) added; eff. 1-1-99 through 
6-29-99............................................................72203
622.40  (b)(3)(i) introductory text amended........................10568
    (b)(3)(ii)(B) amended..........................................38303
    (c)(3)(ii) amended; (d)(2)(ii) revised.........................57590
622.41  (c), (d)(1) and (3) revised................................10568
    (h) added......................................................18144
    (h)(2) suspended; (h)(3) added; eff. 5-14-98 through 11-16-98 
                                                                   27500
    (d)(2)(ii) introductory text and (d)(3) revised; (d)(4) and 
(5) added..........................................................38303
    Regulation at 63 FR 27500 eff. date extended to 5-15-99........64430
622.42  (c)(1)(i) and (2)(ii) revised...............................8356
    (c) introductory text amended..................................10569
    (a) suspended; (g) added; eff. in part 5-14-98 through 10-13-
98 and 4-14-98 through 10-13-98; interim...........................18147
    (a) reinstated; (a)(1)(i)(A) and (B) amended; (g) removed......45763
622.43  (a)(3)(i) and (ii) revised; (c) added......................10569
622.44  (a)(1) introductory text added; (a)(1)(iii) and (2)(i) 
        revised; (b)(2) amended.....................................8356
    (a)(2)(ii)(B) introductory text revised........................10569
    (a)(2)(ii)(A)(2)(i), (b)(1)(i) and (ii) introductory text 
amended............................................................10569
    Introductory text amended; (c) revised; eff. 12-14-98..........38303
622.45  (d)(2) amended; (h) added..................................10569
    (f)(2) amended.................................................57590
622.48  (d)(1) amended; (c) revised................................10569
    (i) added......................................................18144
622  Appendix D amended; eff. 5-14-98 through 11-16-98.............27500
    Appendix D amended and suspended in part; interim; eff. 11-27-
98 through 5-15-99..........................................64431, 64432
630  Temporary regulations...........................12687, 23682, 41205
    Quotas.........................................................66490
630.24  (a)(3) added; (b), (d), (e) and (f) revised; (g) and (h) 
        removed; eff. 10-8-98......................................51858
644.5  Suspended; eff. 3-27-98 through 9-23-98; interim............14033
    Regulation at 63 FR 14033 eff. date extended to 3-19-99........51859
644.10  Added; eff. 3-27-98 through 9-23-98; interim...............14033
    Regulation at 63 FR 14033 eff. date extended until 3-19-99.....51859
644.21  (a) and (d) suspended; (e) added; eff. 3-27-98 through 9-
        23-98......................................................14034
    Regulation at 63 FR 14034 eff. date extended to 3-19-99........51859
    (e) suspended; (f) added; eff. 9-24-98 through 3-19-99.........51862
644.26  Added......................................................51862
    (b) removed; interim...........................................63422

[[Page 761]]

648  Quotas.........444, 3478, 13563, 23227, 40066, 56867, 57622, 59492, 
                                              64006, 68404, 70351, 71794
    Temporary regulations...............2182, 27866, 32998, 45763, 64433
    Technical correction............................................2184
    Certification..................................................11852
    Deferral of IVR system reporting requirements..................57931
648.2  Amended................................11593, 27484, 40377, 58329
    Amended; eff. 11-1-98..........................................52640
648.4  (a)(1) introductory text revised............................11593
    (a)(4)(i) added................................................27484
    (a)(5)(i)(B)(1), (ii)(B)(1), (6)(i)(B)(1) and (7)(i)(B)(1) 
revised............................................................32144
    (c)(2)(iii)(A), (iv)(B) and (e)(1)(iv) amended.................58329
648.7  (a)(1) heading, (i), (3)(i), (ii), (b)(1)(i) and (f)(1) 
        revised; (a)(1) introductory text amended; (a)(2) 
        redesignated as (a)(3); (a)(2) and (g) revised; 
        (b)(1)(iii) removed; eff. 11-1-98..........................52640
    (a)(1) heading, (i), (3)(i), (ii), (b)(1)(i) and (f)(1) 
revised; (a)(1) introductory text amended; (a)(2) redesignated as 
(a)(3); (a)(2) and (g) revised; (b)(1)(iii) removed; eff. 11-1-98 
                                                                   52640
    (b)(1)(i) and (iii) amended....................................58329
648.9  Heading, (a) (b) introductory text, (1), (3) through (6), 
        (8), (9) and (d) through (g) amended; (b)(2), (7) and (c) 
        revised;...................................................58329
648.10  (c)(5) revised; (f)(3) added...............................11593
    (d) and (f)(3)(i) revised......................................15329
    (f)(3)(ii) revised.............................................42592
    (a), (b) introductory text, (1), (2), (4), (5), (c) 
introductory text, (e) introductory text, (1) introductory text, 
(ii) and (f)(1) amended............................................58329
648.14  (a)(13), (31)(iii), (33), (35), (36), (37), (47), (55), 
        (b), (c) introductory text, (d) introductory text, (e), 
        (g) introductory text, (t) and (x)(4) revised; (a)(31)(ii) 
        amended; (a)(31)(iv), (104) and (c)(22) through (25) added
                                                                   11594
    (a)(110) and (111) added; interim..............................15326
    (a)(101), (c)(7), (10), (24) and (25) revised; (a)(112) added 
                                                                   15330
    (a)(112) correctly designated..................................19850
    (a)(23), (24), (25) and (x)(1)(ii) revised; (a)(105) through 
(109) and (113) added; (x)(1)(iii) amended.........................27484
    (a)(36) and (43) revised.......................................40377
    (a)(112) and (c)(2)(ii) revised................................42592
    (a)(97) added; eff. 8-28-98 through 2-28-00....................45940
    Regulation at 63 FR 15326 eff. date extended to 3-26-99........51862
    (a)(8) revised; eff. 11-1-98...................................52641
    (a)(7), (c)(2) introductory text, (i), (ii), (h)(3) and (4) 
amended............................................................58329
648.15  (b)(4) added...............................................27485
648.17  Added......................................................11595
648.23  (a) introductory text revised...............................1774
648.53  (d) revised................................................11595
648.56  Added......................................................45940
648.57  Added; interim.............................................15326
    Regulation at 63 FR 15326 eff. date extended to 3-26-99........51862
648.73  (d) added..................................................27485
648.75  Introductory text added....................................27485
648.76  Added......................................................27485
648.80  (d)(2) and (3) revised; (d)(5) added........................7730
    Introductory text revised......................................11595
    (a)(5)(i) and (8) revised......................................15330
    (a)(8)(i) corrected............................................25416
    (b)(2)(iii) revised; (b)(9) added..............................40377
    (a)(8)(iv)(C) and (D) revised..................................42592
    (a)(4)(i)(A) revised...........................................45966
648.81  (a)(2)(ii), (b)(2) introductory text, (c)(2)(i) and 
        (f)(2)(ii) revised; (a)(2)(iii) added.......................7730
    (a)(2)(i), (c)(2)(ii) and (f)(2)(ii) revised...................11595
    (d), (g), (h) and (j) revised; (n) added.......................15331
    (g)(1)(i) corrected............................................25416
648.82  (a) revised................................................11595
    (k)(1)(ii) revised.............................................42592
648.83  (a)(1) introductory text revised...........................11595
    (b)(1) revised.................................................42592
648.86  Introductory text and (b)(3) added; (b)(1) heading, (i), 
        (ii) and (2) revised.......................................11595

[[Page 762]]

    (a)(1)(i), (ii), (b) introductory text, (1) introductory text, 
(i), (ii) and (3) revised; (a)(1)(iii) and (b)(4) added............15332
    (b)(1)(ii) introductory text and (A) revised...................42592
    (b)(1)(ii) introductory text correctly revised  ...............25416
648.87  (a) introductory text, (1)(i) and (ii) revised; (a)(3) 
        added......................................................15333
    (a)(1)(i) corrected............................................19580
648.103  (b) revised...............................................27868
648.105  (a)  revised..............................................27868
648.123  (a)(1) revised............................................72203
648.142  Revised...................................................27868
648.143  (a) revised; (b) redesignated as (c); new (b) added.......27868
648.145  (c) amended...............................................11160
654.3  (d) revised.................................................44595
660  Specifications...........................................419, 43324
    Technical correction...........................................10677
    Inseason adjustments...........................................17736
    Fishery management measures...............24970, 24973, 26250, 30147
    Temporary regulations..............32764, 46701, 53313, 53317, 55558
    Restrictions..............................36612, 42762, 45966, 64209
    Quotas.........................................................44409
    Announcement...................................................45764
660.12  Amended....................................................20540
    Corrected......................................................29355
    Amended; eff. 7-23-98 through 12-31-98.........................40379
660.42  (a)(9) and (b)(5) revised..................................20540
    (a)(1)(vi) and (13) added; eff. 7-23-98 through 12-31-98.......40379
660.45  (b) revised................................................20540
660.48  (a)(7) revised; (a)(8) redesignated as (a)(9); new (a)(8) 
        added......................................................20540
    (a)(7) suspended; (a)(10) added; eff. 7-23-98 through 12-31-98
                                                                   40379
660.50  (b)(2) revised.............................................20541
    (b)(4) suspended; (b)(5) through (8) added; eff. 7-23-98 
through 12-31-98...................................................40379
660.68  Revised....................................................35163
660.89  Added......................................................55810
660.302  Amended...................................................34608
    Corrected......................................................40067
660.303  (c) added.................................................34608
660.306  (h) revised; (x) added....................................34608
    (y) added; eff. 7-1-98 through 1-4-99..........................36617
660.323  (a)(2) revised............................................38113
660.333  (c)(1), (2), and (d) introductory text revised; (c)(3), 
        (4), (f)(2) and (3) redesignated as (c)(4), (5), (f)(3) 
        and (4); new (c)(3) and (f)(2) added.......................34608
    (c)(1) amended; (d) introductory text, (f)(2) and (h)(2)(iii) 
revised............................................................38114
    (c)(1) and (d) introductory text corrected.....................40067
660.336  Heading, (a)(1), (2), (b) introductory text, (c) heading 
        and (1) revised; (b)(3), (d) and (e) added.................38114
660.350  Added; eff. 7-1-98 through 1-4-99.........................36617
678  Temporary regulations..................................14837, 41736
    Quotas.........................................................29355
679  Temporary regulations....4600, 6110, 6111, 6881, 9745, 9974, 10569, 
         11160, 11629, 12415, 12416, 12688, 12697, 12698, 13150, 16705, 
         17737, 19666, 19850, 20541, 24984, 27869, 29670, 30412, 30644, 
         31938, 32765, 34332, 36193, 36863, 37071, 37507, 38340, 38341, 
         38342, 38758--38760, 39035, 39240, 39241, 39242, 39521, 40839, 
         40840, 42281, 44595, 45765, 47439, 49296, 49668, 50170, 51863, 
         52658, 52659, 52658, 52659, 52985, 52986, 53317, 53318, 53340--
         53342, 56095, 57255, 58658, 59244, 63221, 64652, 65129, 66768, 
                                                                   68210
    Specifications..........................................12027, 30148
    Implementation.................................................13798
    Quotas..................................................14379, 49501
    Apportionment...........................................12689, 18848
    Harvest guidelines.............................................30147
    Technical correction...........................................51303
    Reallocation............................................54381, 63801
679.1  (e) revised.................................................30398
    (h) revised....................................................38502
    (j) added; eff. 1-1-00.........................................52652
679.2  Amended...................8360, 11168, 13011, 30398, 32145, 38502
    Amended; eff. 10-5-98..........................................47355
    Amended; eff. 1-1-99...........................................52652
    Corrected and amended..........................................64878
679.3  (g) added...................................................38502
    (b) revised; eff. 10-5-98......................................47356
679.4  (f)(1) amended; (i) and (j) added; eff. 10-5-98.............47356
    (a)(6) and (i) added; eff. in part 1-1-99 and in part 1-1-00 
                                                                   52654
    (k) correctly designated.......................................54753

[[Page 763]]

    (k)(1)(i), (ii), (2) introductory text, (3)(ii)(A)(1), (2), 
(3), (B), (4) introductory text, (i)(A) introductory text, (B) 
introductory text, (ii) introductory text, (iii), (iv) 
introductory text, (v) introductory text, (5) introductory text 
and (i) introductory text amended..................................64878
    (k)(5)(ii) introductory text and (8)(iv) introductory text 
amended............................................................64879
679.5  (h)(2)(i)(C) and (ii)(F) revised; (n) added (effective date 
        pending)...................................................30399
    (a) through (l) revised; (m) added; eff. 10-5-98 (OMB number 
pending)...........................................................47356
679.7  (b) added....................................................8360
    (d) revised....................................................30400
    (a)(12) revised................................................32145
    (h) removed; (i) redesignated as (h)...........................38502
    (a)(1), (2) and (5) heading revised; (a)(15) and (16) revised; 
eff. 10-5-98.......................................................47367
    (i) added; eff. 1-1-00.........................................52657
    (i) correctly designated.......................................54753
    (i)(1)(i), (ii), (iii) and (2) amended.........................64879
679.20  (b)(1)(iii) and (iv) redesignated as (b)(1)(iv) and (v); 
        new (b)(1)(iii) added; (c)(1)(iii), (2)(ii), (3)(iii) and 
        (f)(2) revised..............................................8360
    (c)(5) amended; (i) added......................................13011
    (a)(5)(ii)(B) revised..........................................31941
    (a)(9) redesignated as (a)(10); new (a)(9) added...............40192
    (d)(1)(ii)(A), (g)(2)(iii) and (3) introductory text revised; 
eff. 10-5-98.......................................................47367
    (g)(3) corrected...............................................54610
679.21  (e)(3) through (8) redesignated as (e)(4) through (9); new 
        (e)(3) added; new (e)(7)(i) revised.........................8361
    (e)(4)(iv)(D) revised..........................................11168
    (e)(1)(i) introductory text, (ii) introductory text, (e)(iii) 
introductory text, (iv) through (vii) and (4) through (9) 
redesignated as (e)(1)(ii) introductory text, (iii) introductory 
text, (e)(iv) introductory text, (v) thorugh (viii) and (3) 
through (8); (b)(2)(ii), (3), new (e)(1)(viii), (2), new (3)(i) 
and new (4)(i) revised; new (e)(1)(i) introductory text added; new 
(e)(1)(ii) introductory text, new (iii) introductory text, (3)(i) 
and (ii)(B)(2).....................................................30401
    (c)(1) amended.................................................32145
    (e)(7)(iv)(B), (vii)(B) and (viii)(B) removed; (e)(7)(iv)(A), 
(vii)(A) and (viii)(A) redesignated as (e)(7)(iv), (vii) and 
(viii); eff. 10-5-98...............................................47367
    (e)(4)(iv)(D) correctly designated.............................50801
679.22  (c) revised................................................13011
    (h) added......................................................30401
    (g) removed....................................................38502
    (a)(93), (5)(i), (6) and (9) revised; (a)(7)(ii), (8)(ii) and 
(b)(2)(ii) amended; (a)(10) heading and (i) added; eff. 10-5-98....47367
679.23  (d)(1) revised.............................................11168
    (e)(3)(i) heading and (ii) heading revised; (e)(3)(iv) added 
                                                                   30401
    (a) heading, (d) heading, (e) heading and (g)(3) heading 
revised; (e)(2)(ii)(C) and (D) amended; eff. 10-5-98...............47368
    (h) added......................................................48642
679.24  (e)(2)(iv) introductory text ad (A) through (D) 
        redesignated as (e)(3) introductory text, and (i) through 
        (iv); (e)(1), (2)(ii) and new (3) introductory text 
        revised....................................................11167
679.26  (a), (b) and (c) redesignated as (b), (c) and (d); 
        heading, new (b)(1)(xii), (2) introductory text, (iii), 
        (3)(ii), (iv), (v), (c)(1), (2), (3) and (d)(4) revised; 
        new (a) and (b)(1)(xiv) added..............................32145
    (b)(1)(ii), (v), (vi), (viii), (xi), (xiii), (2)(i), (ii), 
(3)(i), (iii), (c)(1), (d)(1), (2) and (3) amended.................32146
679.28  Added (effective date pending in part)......................5843

[[Page 764]]

    (a) revised; (c), (d) and (e) added............................30401
679.30  Revised (effective date pending)...........................30403
679.31  Revised.....................................................8361
    Heading and (e) revised; (g) added.............................30407
679.32  Revised (effective date pending)...........................30407
679.33  Removed....................................................30409
679.34  Removed....................................................30409
679.41  Heading revised; (e)(1), (2) and (3) added; eff. 10-5-98 
                                                                   47368
679.42  (b) revised................................................11167
    (c)(1)(iv), and (2) revised; eff. 10-5-98......................47368
    (c)(2) introductory text corrected; (c)(2)(ii) correctly 
removed............................................................54611
679.43  (p) added; eff. 1-1-00.....................................52657
    (p) amended....................................................64879
679.50  (c)(2)(iv) revised.........................................11168
    Heading revised; (a) amended; (c)(4), (d)(4), (h)(1)(i)(D) and 
(E) added..........................................................30409
    Heading, (i)(1)(i) and (iii) revised...........................69025
679.60--679.65 (Subpart F)  Removed................................38502
679  Appendix A added...............................................5845
    Appendix A correctly designated.................................8361
    Table 1 revised; eff. 10-5-98..................................47369
    Table 1 correctly revised......................................54612
    Table 2 amended................................................13011
    Table 2 revised; eff. 10-5-98..................................47371
    Table 3 amended................................................11168
    Table 3 revised; eff. 10-5-98..................................47372
    Table 3 corrected..............................................54613
    Table 7 revised; eff. 10-5-98..................................47375
    Table 10 amended...............................................11168
    Table 10 amended...............................................13012
    Table 10 revised; eff. 10-5-98.................................47376
    Table 10 corrected.............................................54613
    Table 11 amended...............................................13012
    Table 11 revised...............................................15335
    Table 11 revised; eff. 10-5-98.................................47377
    Table 12 correctly revised.....................................54614
    Figure 2 revised; eff. 10-5-98.................................47378
    Figure 7 revised; eff. 10-5-98.................................47379
    Figure 8 added; eff. 10-5-98...................................47380
    Figure 9 added; eff. 10-5-98...................................47381
    Figure 10 added; eff. 10-5-98..................................47382
    Figure 11 added; eff. 10-5-98..................................47383
    Figure 12 added; eff. 10-5-98..................................47384
    Figure 12  correctly added.....................................54614
    Figure 13 added; eff. 10-5-98..................................47385
    Figure 14 added; eff. 10-5-98..................................47387
    Figure 15 added; eff. 10-5-98..................................47388
697.2  Amended; interim............................................10155
697.7  (c) added; interim..........................................10155
    Corrected......................................................14042

                                  1999

    (Regulations published January 1, 1999, through October 1, 1999)

50 CFR
                                                                   64 FR
                                                                    Page
Chapter VI
600  Specifications...........................................1316, 9932
    Technical correction......................................5093, 6943
    Fishing restrictions......................16862, 24062, 36817, 42286
    Optimum yield specification.............................27928, 31895
600.10  Amended..............................................4036, 29133
600.15  (a)(2) through (6) and (7) through (11) redesignated as 
        (a)(5) through (9) and (11) through (15); new (a)(2), (3), 
        (4) and (10) added.........................................29134
600.215  Revised....................................................4600
600.501  (c) introductory text, (d)(1), (4), (e) and (k) revised; 
        (c)(10) added..............................................39019
600.502  (a) revised; (h) added....................................39020
600.505  (a)(8), (9), and (b)(1) revised...........................39020
600.506  (a) and (b) introductory text amended.....................39020
600.508  (g) added.................................................39020
600.518  (c) removed; (d) and (e) redesignated as (c) and (d); 
        (a), (b)(1) introductory text, (2) heading, and (2)(i) 
        introductory text revised..................................39020
600.725  (v) added..................................................4037
    (v) table amended..............................................29134
    Regulation at 64 FR 4037 eff. date delayed to 12-1-99..........40781
600.747  Added......................................................4043
622  Temporary regulations........3650, 5195, 13120, 13528, 23026, 46596
    Trip limit reduction............................................7556
    Decision.......................................................13363
    Quotas.........................................................50772
622.7  (aa) added..................................................36781
    (aa) revised...................................................37693
    (aa) corrected.................................................43941

[[Page 765]]

622.18  (a) suspended in part; (g) added; interim; eff. 9-3-99 
        through 3-1-00.............................................48329
622.30  (d) added...................................................3627
622.32  (b)(4)(vii) added; interim; eff. 9-8-99 through 3-1-00.....48326
622.34  Regulation at 63 FR 72203 eff. date extended to 12-26-99 
                                                                   33800
    (l) reinstated and revised; (m) removed........................47713
622.36  (a) heading added; (b) revised..............................3627
    (b)(5) suspended; interim; eff. 9-8-99 through 3-1-00..........48326
622.37  (e) revised.................................................3628
    (d)(3) suspended; (d)(7) added; eff. 6-4-99 to 8-29-99.........30448
    (c)(2) revised.................................................45459
    (e)(3)(iv) suspended; interim; eff. 9-8-99 through 3-1-00......48326
622.38  (a) revised; (e) removed; (f) through (i) redesignated as 
        (e) through (h).............................................3628
622.39  (a)(1) amended; (d)(1)(i) and (ii) revised; (d)(1)(vi), 
        (vii) and (viii) added......................................3628
    Regulation at 63 FR 72203 eff. date extended to 12-26-99.......33800
    (c)(1)(ii) revised.............................................45459
    (b)(1)(iii) reinstated and revised; (b)(1)(vi) removed.........47713
    (d)(1)(vi) suspended; interim; eff. 9-8-99 through 3-1-00......48326
622.40  (b)(3)(i) revised...........................................3628
622.41  (d)(6) added................................................3628
    (g)(1) amended; (g)(3) added...................................36781
    (h)(1)(i) amended; (h)(2) revised; (h)(3) added (OMB numbers 
pending)...........................................................37693
    (h)(3)(i)(B) and (ii) corrected................................43941
    (c)(3)(ii)(A) revised..........................................45459
    OMB number.....................................................52428
622.42  (e)(3) added................................................3629
    (c)(1)(ii) and (2)(ii) revised.................................45459
622.43  (a)(5) and (b)(1) revised...................................3629
622.44  (a)(2)(iv) added; (a)(2) introductory text, (i) heading 
        and (ii) heading revised; (b)(2) amended...................45459
622.45  (d)(5) and (6) revised......................................3629
    (d)(5) suspended; (d)(7) added; interim; eff. 9-8-99 through 
3-1-00.............................................................48326
622.48  (h) revised................................................36781
622  Appendix C amended.............................................3630
    Appendix D amended.............................................37694
630  Removed.......................................................29134
630.2  Amended.....................................................12905
630.3  (b) amended..................................................4059
630.4  (a)(2) revised..............................................12906
630.5  (b)(1)(ii) revised (effective date pending).................12906
    (b)(1)(iii) revised............................................12906
630.7  (d) and (g) revised.........................................12906
630.22  Revised.....................................................4059
630.24  (a)(1), (b)(2) and (e)(1) revised; (a)(3) and (f) removed 
                                                                    4059
630.25  Heading, (a)(1) and (c) added; (d) introductory text 
        revised.....................................................4059
630.26  Redesignated as 630.27; new 630.26 added...................12906
630.27  Redesignated from 630.27...................................12906
630.40  Revised....................................................12906
630.41  Added......................................................12906
630.42  Added......................................................12906
635  Added.........................................................29135
    Specifications.................................................29806
    Fishing season notification.............................30248, 47713
    Inseason adjustments......................31992, 36818, 48111, 48112
    Temporary regulations............................34138, 37883, 40782
    Retention limit adjustment..............................42855, 51079
635.4  (b) added (effective date pending)..........................29137
    (d)(4), (f)(4), (l) and (m) revised............................37703
635.5  (c) amended.................................................37704
635.7  (d) amended.................................................37704
635.20  (e)(1) amended; (e)(2) revised.............................37704
635.21  (c)(1), (2)(ii) and (3)(i) revised; (d)(1) amended.........37704
635.22  (a) and (b) revised........................................37704
635.25  Removed....................................................37705
635.28  (b)(3) revised.............................................37705
635.69  (h) added..................................................37705
    Regulation at 64 FR 29090 delayed; eff. 7-1-99 through 1-1-00 
                                                                   43101
635.71  (a)(3), (4), and (18) revised..............................37705
644  Removed.......................................................29160
648  Temporary regulations.............................427, 28937, 51930
    Specifications...........................................1139, 34139

[[Page 766]]

    Quotas...2600, 5196, 9088, 16361, 18582, 32824, 33424, 44661, 46596, 
                                                                   50772
    Fishery management plan.................................19503, 32825
648.2  Amended..............................................24072, 42048
648.4  (a)(1)(i)(A), (B), (C), (E), (F), (H), (I)(2), (J), (K), 
        (L), (2)(i)(A), (B), (H), (I), (3)(i) heading, (A), (B), 
        (C), (4)(i), (5)(i), (6)(i) and (7)(i) revised; 
        (a)(1)(i)(M), (2)(i)(L), (M) and (3)(i)(D) through (L) 
        added; (a)(5)(ii) removed; (a)(5)(iii), (iv) and (v) 
        redesignated as (a)(5)(ii), (iii) and (iv)..................8265
648.10  (f)(3)(ii) revised.........................................24072
    (b) introductory text revised..................................31149
    (f)(3)(i) and (ii) suspended; (f)(3)(iii) added; eff. 8-3-99 
through 1-30-00....................................................42044
648.14  (a)(52), (101) and (104) revised............................2603
    (a)(114) and (115) added........................................8268
    (a)(110) and (111) added; eff. 3-27-99 through 3-1-01..........14839
    (a)(90) and (c)(10) revised....................................15706
    (a)(43), (52), (90), (101), (104), (112), (c)(10), (24) and 
(25) revised; (a)(116) added.......................................24072
    (a)(39) and (h)(13) revised; (h)(27) and (28) added............31149
    (c)(23), (24), and (25) suspended; (c)(27) through (30) added; 
eff. 8-3-99 through 1-30-00........................................42045
    (c)(19), (23), and (24) revised; (c)(26) added.................42048
648.23  (b)(4) redesignated as (b)(5); new (b)(4) added............24073
648.41  Added......................................................40520
648.51  (b) introductory text and (2) revised; eff. in part 12-16-
        99.........................................................31149
648.52  (c) added..................................................31149
648.53  (b) amended................................................14839
648.55  (a) revised; (b) amended; (c) through (g) and (h) 
        redesignated as (d) through (h) and (j); new (d)(12) 
        redesignated as (d)(21); new (c), new (d)(12), (13) 
        through (20) and (i) added.................................14839
648.57  Added; eff. 3-27-99 through 3-1-01.........................14840
648.58  Added......................................................31149
648.80  (a)(8)(iii) and (10)(i)(C) revised..........................2603
    (a)(2)(i), (6)(i), (8), (10) introductory text, (i)(C), (12) 
introductory text, (13) introductory text, (b)(2)(i), (d)(2), 
(e)(2), (h) and (i)(8) revised; (a)(2)(iv) added; (a)(5) removed; 
(d)(3) and (4) amended.............................................24073
    (h)(1) revised.................................................31151
    (a)(2)(iv) introductory text revised...........................42048
648.81  (d) and (g)(1) introductory text revised; (o) added.........2603
    Corrected.......................................................4060
    (d), (g), (h) and (i)(2) revised; (f), (n) and (o) removed.....24075
    (b)(1) introductory text revised...............................31151
    (a)(2)(ii) and (i)(2) revised..................................42048
648.82  (b)(3)(i) revised..........................................24076
    (b)(3)(i) suspended; (b)(3)(iii) added; eff. 8-3-99 through 1-
30-00..............................................................42045
648.83  (a)(2) and (b)(1) revised..................................24076
648.86  Heading, (a)(1), (b)(1) heading, (i), (ii) introductory 
        text, (A) and (C) revised; (b)(3) removed; (b)(4) 
        redesignated as (b)(3); (d) added..........................24076
    Heading, (a)(2)(iii) and (c) revised...........................31151
    (b)(1)(i), (ii)(A), and (3) suspended; (b)(1)(iv) and (5) 
added; eff. 8-3-99 through 1-30-99.................................42045
    (b)(1) heading revised; (b)(1)(i) amended; (b)(2) redesignated 
as (b)(4); new (b)(2) added........................................42048
648.87  (a) and (c) revised........................................15706
    (a) introductory text and (b) revised; (a)(4) added............24077
648.88  (a)(1) and (c) revised.....................................24078
    (c) revised....................................................31151
    (a)(1) suspended; (a)(3) added; eff. 8-3-99 through 1-30-00....42045
648.102  Revised...................................................48967
    Regulation at 64 FR 48967 eff. date corrected to 9-9-99........51931
648.106  Introductory text, (a) and (c) amended....................14077
648.107  Added; eff. 10-12-99......................................48967
    Regulation at 64 FR 48967 eff. date corrected to 9-9-99........51931
648.126  Amended...................................................14077
649.4  (b)(2)(i) revised; (b)(3)(iii), (iv) and (v) added...........8268
660  Specifications...........................................1316, 9932

[[Page 767]]

    Technical correction......................................5093, 6943
    Harvest guidelines......................................12092, 36819
    Exempted fishing permit renewals...............................15308
    Fishing restrictions.......16862, 24062, 29808, 36817, 40293, 42286, 
                                                            50263, 51079
    Inseason adjustments....................................17125, 42856
    Decision.......................................................19067
    Fishery management measures....................................24078
    Optimum yield specification.............................27928, 31895
    Quotas.........................................................48113
660.12  Amended....................................................22811
    Amended........................................................36822
660.13  (f), (g) and (i) revised...................................22812
660.42  (a)(1)(vi) and (13) added..................................36822
660.48  (a)(8) revised.............................................36822
660.50  (a) introductory text, (b)(1), (3) and (4) revised; (b)(5) 
        added......................................................36822
660.61  Revised....................................................22812
660.62  (b) revised; (c) removed; (d), (e) and (f) redesignated as 
        (c), (d) and (e)...........................................22814
660.67  (d)(3) removed; (e) added..................................22814
660.302  Amended; eff. 10-12-99....................................49100
660.306  Regulation at 63 FR 36617 eff. date extended to 7-2-99.......45
    (d), (e) and (f) revised; eff. 10-12-99........................49100
660.321  (b) revised; eff. 10-12-99................................49100
660.333  (f)(2) correctly revised; CFR correction..................33026
    (d) introductory text revised; (f)(3) removed; (f)(4) 
redesignated as (f)(3).............................................41044
660.350  Regulation at 63 FR 36617 eff. date extended to 7-2-99.......45
    Added; eff. 10-12-99...........................................49101
660.408  (c)(2)(iv) revised........................................26329
678  Temporary regulations.........................................14154
    Removed........................................................29160
679  Specifications and fishery management measures.......46, 50, 12094, 
                                                                   12103
    Temporary regulations........427, 428, 3658, 4602, 4790, 5198, 5720, 
        7557, 7815, 8013, 8269, 8529, 10397, 12093, 12265, 12767, 12768, 
         14155, 14840, 13121, 13122, 16362, 16654, 17126, 18373, 19069, 
         19507, 22814, 22815, 23244, 25216, 27208, 27476, 29809, 30926, 
         30927, 31151, 31733, 32207, 35081, 37884, 39089, 39090, 40293, 
         41839, 43295, 43296, 43634, 43941, 43942, 44431, 44432, 44858, 
         44859, 45459, 45460, 46153, 46317, 47714, 48330, 49102, 49103, 
                                49685, 50264, 51081, 51720, 52473, 52676
    Multispecies community development plan.........................1539
    Inseason adjustments........8731, 10399, 48329, 48331, 48332, 49686, 
                                                     50474, 52473, 52676
    Fishery management plan amendments...............10952, 11390, 20216
    Fishery cooperative contracts availabity.......................13723
    Notice..................................................15308, 49104
    Reallocation...................................................52472
679.1  (c) heading revised..........................................3652
679.2  Amended; interim; eff. 1-20-99 through 7-19-99...............3437
    Corrected; CFR correction.......................................3453
    Amended..............................3652, 3657, 14077, 20213, 42828
    Amended; interim; eff. in part 1-21-99 through 7-20-99..........3881
    Regulation at 64 FR 3437 eff. date extended to 12-31-99........33425
679.4  (c) heading, (1)(ii), (iii)(E), (6) and (7) revised..........3652
    (k)(6) and (7) added...........................................42828
679.7  (b) suspended; (i) added; interim; eff. 1-20-99 through 7-
        19-99.......................................................3442
    (a)(7) revised..................................................3657
    (d)(24) removed; (d)(25) through (28) redesignated as (d)(24) 
through (27); interim...............................................3882
    (d)(20), (22) and (25) removed; (d)(21), (23), (24), (26) and 
(27) redesignated as (d)(20), (21), (22), (24) and (25); new 
(d)(23) added; (d)(4), (11), (15), (19), new (20), (f)(3), (5), 
(6) and (10) revised...............................................20213

[[Page 768]]

    Regulation at 64 FR 3437 eff. date extended to 12-31-99........39087
679.20  (d)(1)(iv) added; interim; eff. 1-20-99 through 7-19-99.....3437
    (a)(5)(i)(A) and (ii)(B) suspended; (a)(5)(i)(C) and (ii)(C) 
added; interim; eff. 1-20-99 through 7-19-99........................3443
    (a)(8) and (c)(2)(ii)(A) revised................................3451
    (a)(6), (b)(2) and (c)(4) revised...............................3658
    (b)(1)(iii)(A) suspended; (b)(1)(iii)(D) added; interim; eff. 
1-21-99 through 7-20-99.............................................3882
    (a)(5)(i)(C)(2) and (3) corrected...............................7815
    Regulation at 64 FR 3437 eff. date extended to 12-31-99........33425
    Regulation at 64 FR 3443 eff. date extended to 12-31-99........39087
    Regulation at 64 FR 3882 amended; interim; eff. 7-20-99 
through 12-31-99...................................................34743
679.21  (e)(3)(v) and (7)(ix) added; interim; eff. 1-20-99 through 
        7-19-99.....................................................3437
    (e)(2)(ii) revised.............................................20214
    Regulation at 64 FR 3437 eff. date extended to 12-31-99........33425
679.22  (a)(7) and (b)(2) suspended; (a)(8)(iv), (11) and (b)(3) 
        added; interim; eff. 1-20-99 through 7-19-99................3443
    (a)(7) and (8) revised..........................................3451
    (a)(5) revised..................................................3658
    (a)(11)(iv)(A), (C)(1), (2) and (b)(3)(iii) corrected...........7815
    (a)(11)(iv)(C)(1) table correctly revised.......................9376
    Regulation at 64 FR 3443 eff. date extended to 12-31-99........39087
    (a)(11)(iv)(C)(1) table revised; interim; eff. 1-20-99 through 
12-31-99...........................................................39089
    (a)(11)(iv)(C)(2) corrected....................................43297
679.23  (d)(2) and (e)(2) suspended; (d)(3) and (e)(5) added; 
        interim; eff. 1-20-99 through 7-19-99.......................3444
    (e)(3) redesignated as (e)(4); new (e)(3) added.................3452
    (e)(2) revised..................................................3658
    (e)(5) correctly designated.....................................7815
    (e)(4)(iii) removed; (e)(4)(iv) redesignated as (e)(4)(iii)....20214
    Regulation at 64 FR 3444 eff. date extended to 12-31-99........39087
    (e)(5)(ii)(B) revised; (e)(5)(ii)(C) removed; interim; eff. 1-
20-99 through 12-31-99.............................................39089
679.30  (a)(4) revised; interim.....................................3882
    (a)(5) introductory text, (i)(A)(1), (2)(ii) and (B) revised; 
(a)(5)(i)(C) removed...............................................20214
679.31  (a) amended; interim........................................3882
    (d)(1) and (2) revised; (d)(3) and (f) removed; (g) 
redesignated as (f)................................................20214
679.32  (a)(1) revised; (a)(2), (3) and (e) suspended; (a)(4) and 
        (g) added; interim; eff. in part 1-21-99 through 7-20-99 
                                                                    3882
    (a)(2), (3) and (e) removed; (a)(4) and (g) redesignated as 
(a)(2) and (e); (a)(1), new (2), (c) introductory text, (3)(i), 
(v) and (f) revised................................................20214
    Regulation at 64 FR 3882 amended; interim; eff. 7-20-99 
through 12-31-99...................................................34743
679.42  (i)(1) revised; (j) introductory text amended; (j)(5) 
        added......................................................24962
679.50  (c)(5) added; interim; eff. 1-20-99 through 7-19-99.........3437
    (c)(4) revised; interim.........................................3882
    (c)(4) and (d)(4) revised......................................20215
    Regulation at 64 FR 3437 eff. date extended to 12-31-99........33425
679  Tables 4 and 6 suspended; Tables 12 and 13 added; interim; 
        eff. 1-20-99 through 7-19-99................................3444
    Table 5 revised.................................................3452
    Tables 4, 5 and 6 amended......................................14077
    Regulation at 64 FR 3444 eff. date extended to 12-31-99........39087
697  Effective date confirmation...................................19069
697.2  Amended...............................................9450, 14077
697.7  (d) added....................................................9451