[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2003 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

                    50


          Part 600 to End

                         Revised as of October 1, 2003

Wildlife and Fisheries





          Containing a codification of documents of general 
          applicability and future effect
          As of October 1, 2003
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2003



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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 50:
          Chapter VI--Fishery Conservation and Management, 
          National Oceanic and Atmospheric Administration, 
          Department of Commerce                                     3
  Finding Aids:
      Material Approved for Incorporation by Reference........     925
      Table of CFR Titles and Chapters........................     927
      Alphabetical List of Agencies Appearing in the CFR......     945
      List of CFR Sections Affected...........................     955



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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, 2003), 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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, 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) 741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). 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 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
[email protected].

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, Public Papers, 
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 
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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.archives.gov/federal--
register. The NARA site also contains links to GPO Access.

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

October 1, 2003.



[[Page ix]]



                               THIS TITLE

    Title 50--Fish and Wildlife is composed of seven volumes. The parts 
in these volumes are arranged in the following order: Parts 1-16; part 
17 (17.1 to 17.95), part 17 (17.96 to 17.99(h)), part 17 (17.99(i) to 
End and 17.100 to End), parts 18-199, parts 200-599 and part 600 to End. 
The first five volumes (parts 1-16, part 17 (17.1 to 17.95), part 17 
(17.96 to 17.99(h)), part 17 (part 17.99(i) to End and 17.100 to End), 
and parts 18-199) contain the current regulations issued under chapter 
I--United States Fish and Wildlife Service, Department of the Interior. 
The sixth 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 
seventh 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, 2003.

    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.

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

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                    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................................         135
635             Atlantic highly migratory species...........         220
640             Spiny lobster fishery of the Gulf of Mexico 
                    and South Atlantic......................         270
644             [Reserved]

648             Fisheries of the Northeastern United States.         281
654             Stone crab fishery of the Gulf of Mexico....         472
660             Fisheries off West coast states and in the 
                    Western Pacific.........................         485
679             Fisheries of the Exclusive Economic Zone off 
                    Alaska..................................         586
697             Atlantic coastal fisheries cooperative 
                    management..............................         886

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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.
600.135 Meeting procedures.
600.150 Disposition of records.
600.155 Freedom of Information Act (FOIA) requests.

                      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.

      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.

[[Page 6]]

600.756 Conduct and operation of a fishery negotiation panel.
600.757 Operational protocols.
600.758 Preparation of report.
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.

                  Subpart L--Fishing Capacity Reduction

600.1000 Definitions.
600.1001 Requests.
600.1002 General requirements.
600.1003 Content of a request for a financed program.
600.1004 Accepting a request for, and determinations about initiating, a 
          financed program.
600.1005 Content of a request for a subsidized program.
600.1006 Accepting a request for, and determinations about conducting, a 
          subsidized program.
600.1007 Reduction amendments.
600.1008 Implementation plan and implementation regulations.
600.1009 Bids.
600.1010 Referenda.
600.1011 Reduction methods and other conditions.
600.1012 Reduction loan.
600.1013 Fee payment and collection.
600.1014 Fee collection deposits, disbursements, records, and reports.
600.1015 Late charges.
600.1016 Enforcement.
600.1017 Prohibitions and penalties.
600.1018 Implementation regulations for each program. [Reserved]

                        Subpart M--Shark Finning

600.1019 Purpose and scope.
600.1020 Relation to other laws.
600.1021 Definitions.
600.1022 Prohibitions.
600.1023 Shark finning; possession at sea and landing of shark fins.

    Authority: 5 U.S.C 561, 16 U.S.C. 773 et seq., 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.
    (c) This part also governs fishing capacity reduction programs under 
the Magnuson-Stevens Act.

[61 FR 32540, June 24, 1996, as amended at 63 FR 7075, Feb. 12, 1998; 65 
FR 31443, May 18, 2000]



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

[[Page 7]]

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.
    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.

[[Page 8]]

    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 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.
    Drop net means a small, usually circular net with weight around the 
perimeter and a float in the center.
    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 635 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 635 
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 635 of this title and elsewhere in this 
chapter to experimental fishing mean exempted fishing under this part.

[[Page 9]]

    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
    (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

[[Page 10]]

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 or flat net which may or may not have 
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 
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.

[[Page 11]]

    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.
    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

[[Page 12]]

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 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

[[Page 13]]

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 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.

[[Page 14]]

    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; 64 FR 67516, Dec. 2, 1999; 67 
FR 2375, Jan. 17, 2002; 67 FR 64312, Oct. 18, 2002]



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.
    (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,

[[Page 15]]

Rhode Island, and New York at 41[deg]18[min]16.249[sec] N. lat. and 
71[deg]54[min]28.477[sec] W. long. and proceeds south 
37[deg]22[min]32.75[sec] 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[min]00.8[sec] 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[min] W. long., proceeds northward along that meridian to 
24[deg]35[min] 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 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.

    (a) Council staff positions must be filled solely on the basis of 
merit, fitness for duty, competence, and qualifications. Employment 
actions must be free from discrimination based on race, religion, color, 
national origin, sex,

[[Page 16]]

age, disability, reprisal, sexual orientation, status as a parent, or on 
any additional bases protected by applicable Federal, state, or local 
law.
    (b) The annual pay rates for Council staff positions shall be 
consistent with the pay rates established for General Schedule Federal 
employees as set forth in 5 U.S.C. 5332, and the Alternative Personnel 
Management System for the U.S. Department of Commerce (62 FR 67434). The 
Councils have the discretion to adjust pay rates and pay increases based 
on cost of living (COLA) differentials in their geographic locations. 
COLA adjustments in pay rates and pay increases may be provided for 
staff members whose post of duty is located in Alaska, Hawaii, Guam, the 
U.S. Virgin Islands, the Northern Mariana Islands, and Puerto Rico.
    (1) No pay adjustment based on geographic location shall exceed the 
COLA and locality pay adjustments available to Federal employees in the 
same geographic area.
    (2) [Reserved]
    (c) Salary increases funded in lieu of life and medical/dental 
policies are not permitted.
    (d) Unused sick leave may be accumulated without limit, or up to a 
maximum number of days and contribution per day, as specified by the 
Council in its SOPP. Distributions of accumulated funds for unused sick 
leave may be made to the employee upon his or her retirement, or to his 
or her estate upon his or her death, as established by the Council in 
its SOPP.
    (e) Each Council may pay for unused annual leave upon separation, 
retirement, or death of an employee.
    (f) One or more accounts shall be maintained to pay for unused sick 
or annual leave as authorized under paragraphs (d) and (e) of this 
section, and will be funded from the Council's annual operating 
allowances. Councils have the option to deposit funds into these 
account(s) at the end of the budget period if unobligated balances 
remain. Interest earned on these account(s) will be maintained in the 
account(s), along with the principal, for the purpose of payment of 
unused annual and sick leave only. These account(s), including interest, 
may be carried over from year to year. Budgeting for accrued leave will 
be identified in the ``Other'' object class categories section of the 
SF-424A.
    (g) A Council must notify the NOAA Office of General Counsel before 
seeking outside legal advice, which may be for technical assistance not 
available from NOAA. If the Council is seeking legal services in 
connection with an employment practices question, the Council must first 
notify the Department of Commerce's Office of the Assistant General 
Counsel for Administration, Employment and Labor Law Division. A Council 
may not contract for the provision of legal services on a continuing 
basis.

[66 FR 57886, Nov. 19, 2001]



Sec. 600.125  Budgeting, funding, and accounting.

    (a) 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.)
    (b) Councils may not independently enter into agreements, including 
grants, contracts, or cooperative agreements, whereby they will receive 
funds for services rendered. All such agreements must be approved and 
entered into by NOAA on behalf of the Councils.
    (c) Councils are not authorized to accept gifts or contributions 
directly. All such donations must be directed to the NMFS Regional 
Administrator in accordance with applicable Department of Commerce 
regulations.

[66 FR 57887, Nov. 19, 2001]



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

[[Page 17]]

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.



Sec. 600.135  Meeting procedures.

    (a) Public notice of regular meetings of the Council, scientific 
statistical committee or advisory panels, including the agenda, must be 
published in the Federal Register on a timely basis, and appropriate 
news media notice must be given. The published agenda of any regular 
meeting may not be modified to include additional matters for Council 
action without public notice, or such notice must be given at least 14 
days prior to the meeting date, unless such modification is to address 
an emergency under section 305 (c) of the Magnuson-Stevens Act, in which 
case public notice shall be given immediately. Drafts of all regular 
public meeting notices must be transmitted to the NMFS Headquarters 
Office at least 23 calendar days before the first day of the regular 
meeting. Councils must ensure that all public meetings are accessible to 
persons with disabilities, and that the public can make timely requests 
for language interpreters or other auxiliary aids at public meetings.
    (b) Drafts of emergency public notices must be transmitted to the 
NMFS Washington Office; recommended at least 5 working days prior to the 
first day of the emergency meeting. Although notices of, and agendas 
for, emergency meetings are not required to be published in the Federal 
Register, notices of emergency meetings must be promptly announced 
through the appropriate news media.
    (c) After notifying local newspapers in the major fishing ports 
within its region, having included in the notification the time and 
place of the meeting and the reason for closing any meeting or portion 
thereof:
    (1) A Council, SSC, AP, or FIAC shall close any meeting, or portion 
thereof, that concerns information bearing on a national security 
classification.
    (2) A Council, SSC, AP, or FIAC may close any meeting, or portion 
thereof, that concerns matters or information pertaining to national 
security, employment matters, or briefings on litigation in which the 
Council is interested.
    (3) A Council, SSC, AP, or FIAC may close any meeting, or portion 
thereof, that concerns internal administrative matters other than 
employment. Examples of other internal administrative matters include 
candidates for appointment to AP, SSC, and other subsidiary bodies and 
public decorum or medical conditions of members of a Council or its 
subsidiary bodies. In deciding whether to close a portion of a meeting 
to discuss internal administrative matters, a Council or subsidiary body 
should consider not only the privacy interests of individuals whose 
conduct or qualifications may be discussed, but also the interest of the 
public in being informed of Council operations and actions.
    (d) Without the notice required by paragraph (c) of this section, a 
Council, SSC, AP, or FIAC may briefly close a portion of a meeting to 
discuss employment or other internal administrative matters. The closed 
portion of a meeting that is closed without notice may not exceed 2 
hours.
    (e) Before closing a meeting or portion thereof, a Council or 
subsidiary body should consult with the NOAA General Counsel Office to 
ensure that the matters to be discussed fall within the exceptions to 
the requirement to hold public meetings described in paragraph (c) of 
this section.
    (f) Actions that affect the public, although based on discussions in 
closed meetings, must be taken in public. For example, appointments to 
an AP must be made in the public part of the meeting; however, a 
decision to take disciplinary action against a Council employee need not 
be announced to the public.
    (g) A majority of the voting members of any Council constitute a 
quorum for

[[Page 18]]

Council meetings, but one or more such members designated by the Council 
may hold hearings.
    (h) Decisions of any Council are by majority vote of the voting 
members present and voting (except for a vote to propose removal of a 
Council member, see 50 CFR 600.230). Voting by proxy is permitted only 
pursuant to 50 CFR 600.205 (b). An abstention does not affect the 
unanimity of a vote.
    (i) Voting members of the Council who disagree with the majority on 
any issue to be submitted to the Secretary, including principal state 
officials raising federalism issues, may submit a written statement of 
their reasons for dissent. If any Council member elects to file such a 
statement, it should be submitted to the Secretary at the same time the 
majority report is submitted.

[66 FR 57887, Nov. 19, 2001]



Sec. 600.150  Disposition of records.

    (a) Council records must be handled in accordance with NOAA records 
management office procedures. All records and documents created or 
received by Council employees while in active duty status belong to the 
Federal Government. When employees leave the Council, they may not take 
the original or file copies of records with them.
    (b) [Reserved]

[66 FR 57887, Nov. 19, 2001]



Sec. 600.155  Freedom of Information Act (FOIA) requests.

    (a) FOIA requests received by a Council should be coordinated 
promptly with the appropriate NMFS Regional Office. The Region will 
forward the request to the NMFS FOIA Official to secure a FOIA number 
and log into the FOIA system. The Region will also obtain clearance from 
the NOAA General Counsel's Office concerning initial determination for 
denial of requested information.
    (b) FOIA requests will be controlled and documented in the Region. 
The requests should be forwarded to the NMFS FOIA Officer who will 
prepare the Form CD-244, ``FOIA Request and Action Record'', with the 
official FOIA number and due date. In the event the Region determines 
that the requested information is exempt from disclosure, in full or in 
part, under the FOIA, the denial letter prepared for the Assistant 
Administrator's signature, along with the ``Foreseeable Harm'' Memo and 
list of documents to be withheld, must be cleared through the NMFS FOIA 
Officer. Upon completion, a copy of the signed CD-244 and cover letter 
transmitting the information should be provided to the NMFS FOIA Officer 
and the NOAA FOIA Officer.

[66 FR 57887, Nov. 19, 2001]



                      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 appointed by a 
constituent state Governor as the principal state official for purposes 
of section 302(b) of the Magnuson-Stevens Act.
    (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 a resident of 
the state and be knowledgeable and experienced, by reason of his or her 
occupational or other experience, scientific expertise, or training, in 
the fishery resources of the geographic area of concern to the Council.
    (c) New or revised appointments 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 and the Council chair at least 
48 hours before the individual may vote on any issue before the Council. 
A designee may not name another designee. Written appointment of the 
principal state official must indicate his or her employment status, how 
the official is employed by the state fisheries agency, and whether the 
official's full salary is paid by the state. Written designation(s) by 
the principal state official must indicate how the designee is 
knowledgeable and experienced in fishery resources of the geographic 
area of concern to the Council, the County in

[[Page 19]]

which the designee resides, and whether the designee's salary is paid by 
the state.

[66 FR 57888, Nov. 19, 2001]



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 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;

[[Page 20]]

    (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 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

[[Page 21]]

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 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

[[Page 22]]

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 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

[[Page 23]]

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
    (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

[[Page 24]]

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 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

[[Page 25]]

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 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

[[Page 26]]

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) 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.
    (b) 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.
    (c) 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; 66 
FR 57888, Nov. 19, 2001]



                      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

[[Page 27]]

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.
    (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

[[Page 28]]

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 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

[[Page 29]]

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 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

[[Page 30]]

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.
    (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.

[[Page 31]]

    (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;
    (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

[[Page 32]]

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 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

[[Page 33]]

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 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

[[Page 34]]

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 
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

[[Page 35]]

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 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

[[Page 36]]

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.
    (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.

[[Page 37]]

    (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
    (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

[[Page 38]]

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 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,

[[Page 39]]

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 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

[[Page 40]]

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]



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.

[[Page 41]]

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.
    (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:

[[Page 42]]

    (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 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

[[Page 43]]

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 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

[[Page 44]]

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: 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

[[Page 45]]

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 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.

[[Page 46]]

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 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.

[[Page 47]]

    (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.



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

[[Page 48]]

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:
    (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

[[Page 49]]

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.
    (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.

[[Page 50]]

    (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.
    (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

[[Page 51]]

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]



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

[[Page 52]]

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 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

[[Page 53]]

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 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

[[Page 54]]

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 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.

[[Page 55]]

 
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).
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]

[[Page 56]]



Sec. 600.503  Vessel and gear identification.

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



Sec. 600.504  Facilitation of enforcement.

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

[[Page 57]]

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--
    (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.

[[Page 58]]

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

[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;

[[Page 59]]

    (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;
    (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

[[Page 60]]

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 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.

[[Page 61]]

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

[[Page 62]]

    (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 
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.

[[Page 63]]

    (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:
    (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:

[[Page 64]]

    (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, 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

[[Page 65]]

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).
    (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,

[[Page 66]]

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.
    (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

[[Page 67]]

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 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.

[[Page 68]]

    (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 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.

[[Page 69]]

    (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 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

[[Page 70]]

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 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

[[Page 71]]

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 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]
------------------------------------------------------------------------
                                                                Poundage
                           Species                                fees
------------------------------------------------------------------------
Northwest Atlantic Ocean fisheries:                            .........
  1. Butterfish..............................................     277.96
  2. Herring, Atlantic.......................................      25.75
  3. Herring, River..........................................      49.59
  4. Mackerel, Atlantic......................................      64.76
  5. Other finfish...........................................      45.48
  6. Squid, Illex............................................      97.56
  7. Squid, Loligo...........................................     321.68
------------------------------------------------------------------------

    (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--

[[Page 72]]

    (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 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; 66 FR 28132, May 22, 2001]



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[min] 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[min] N. lat., and north and east of a line beginning at the 
shore at 44[deg]22[min] N. lat., 67[deg]52[min] W. long. and 
intersecting the boundary of the EEZ at 44[deg]11[min]12[sec] N. lat., 
67[deg]16[min]46[sec] 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,

[[Page 73]]

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 EEZ shown inside the 
boundaries of the ``three digit statistical areas'' described in Figure 
1 to this section.

[[Page 74]]

[GRAPHIC] [TIFF OMITTED] TR24JN96.000


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



      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

[[Page 75]]

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 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

[[Page 76]]

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 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.

[[Page 77]]



          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.



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.

[[Page 78]]

    (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 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 
December 1, 1999. A fish, regardless whether targeted, 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 and regulations. The list of fisheries and 
authorized 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 gear is prohibited or restricted by regulation under an FMP 
or other applicable law. However, after December 1, 1999, an individual 
fisherman may notify the appropriate Council, or the Director, in the 
case of Atlantic highly migratory species, of the intent to use a gear 
or participate in a fishery not already on the 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:

[[Page 79]]



------------------------------------------------------------------------
                  Fishery                       Authorized gear types
------------------------------------------------------------------------
            I. New England Fishery Management Council (NEFMC)
------------------------------------------------------------------------
 1. Atlantic Sea Scallop 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.
 2. Iceland Scallop Fishery (Non-FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Trawl fishery......................  B. Trawl.
 3. Atlantic Salmon Fishery (FMP).........  No harvest or possession in
                                             the EEZ.
 4. Striped Bass Fishery (Non-FMP)........  No harvest or possession in
                                             the EEZ.
 5. Northeast (NE) Multispecies Fishery
 (FMP):
    A. NE multispecies sink gillnet         A. Gillnet.
     fishery.
    B. North Atlantic bottom trawl fishery  B. Trawl.
    C. Groundfish hook and line fishery...  C. Longline, handline, rod
                                             and reel.
    D. Mixed species trap and pot fishery.  D. Trap, pot.
    E. Dredge fishery.....................  E. Dredge.
    F. Seine fishery......................  F. Seine.
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             spear.
 6. American Lobster Fishery (FMP):
    A. Lobster pot and trap fishery.......  A. Pot, trap.
    B. North Atlantic bottom trawl fishery  B. Trawl.
    C. Dredge fishery.....................  C. Dredge.
    D. Hand harvest fishery...............  D. Hand harvest.
    E. Gillnet fishery....................  E. Gillnet.
    F. Recreational fishery...............  F. Pot, trap, hand harvest.
 7. Atlantic Herring Fishery (FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Purse seine fishery................  B. Purse seine.
    C. Gillnet fishery....................  C. Gillnet.
    D. Herring pair trawl fishery.........  D. Pair trawl.
    E. Dredge fishery.....................  E. Dredge.
    F. Recreational fishery...............  F. Hook and line, gillnet.
 8. Spiny Dogfish Fishery (FMP jointly
 managed by MAFMC and NEFMC):
    A. Gillnet fishery....................  A. Gillnet.
    B. Trawl fishery......................  B. Trawl.
    C. Hook and line fishery..............  C. Hook and line, rod and
                                             reel, spear.
    D. Dredge fishery.....................  D. Dredge.
    E. Longline fishery...................  E. Longline.
    F. Recreational fishery...............  F. Hook and line, rod and
                                             reel, spear.
 9. Atlantic Bluefish Fishery (FMP managed
 by MAFMC):
    A. Pelagic longline and hook and line   A. Longline, handline.
     fishery.
    B. Seine fishery......................  B. Purse seine, seine.
    C. Mixed species pot and trap fishery.  C. Pot, trap.
    D. Bluefish, croaker, flounder trawl    D. Trawl.
     fishery.
    E. Gillnet fishery....................  E. Gillnet.
    F. Dredge fishery.....................  F. Dredge.
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             trap, pot, spear.
10. Atlantic Mackerel, Squid and
 Butterfish Fishery (FMP managed by the
 MAFMC):
    A. Mackerel, squid, and butterfish      A. Trawl.
     trawl fishery.
    B. Gillnet fishery....................  B. Gillnet.
    C. Longline and hook-and-line fishery.  C. Longline, handline, rod
                                             and reel.
    D. Purse seine fishery................  D. Purse seine.
    E. Mixed species pot and trap fishery.  E. Pot, trap.
    F. Dredge fishery.....................  F. Dredge.
    G. Dip net fishery....................  G. Dip net.
    H. Bandit gear fishery................  H. Bandit gear.
    I. Recreational fishery...............  I. Rod and reel, handline,
                                             pot, spear.
11. Surf Clam and Ocean Quahog Fishery
 (FMP managed by the MAFMC):
    A. Commercial fishery.................  A. Dredge, hand harvest.
    B. Recreational fishery...............  B. Hand harvest.
12. Atlantic Menhaden Fishery (Non-FMP):
    A. Purse seine fishery................  A. Purse seine.
    B. Trawl fishery......................  B. Trawl.
    C. Gillnet fishery....................  C. Gillnet.
    D. Commercial hook-and-line fishery...  D. Hook and line.
    E. Recreational fishery...............  E. Hook and line, snagging,
                                             cast nets.
13. Weakfish Fishery (Non-FMP):
    A. Commercial fishery.................  A. Trawl, gillnet, hook and
                                             line.
    B. Recreational fishery...............  B. Hook and line, spear.
14. Atlantic Mussel and Sea Urchin Fishery
 (Non-FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Hand harvest fishery...............  B. Hand harvest.
    C. Recreational fishery...............  C. Hand harvest.
15. Atlantic Skate Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Gillnet fishery....................  B. Gillnet.
    C. Hook-and-line fishery..............  C. Longline and handline.
    D. Dredge fishery.....................  D. Dredge.
    E. Recreational fishery...............  E. Rod and reel.
16. Crab Fishery (Non-FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Trawl fishery......................  B. Trawl.
    C. Trap and pot fishery...............  C. Trap, pot.
17. Northern Shrimp Fishery (Non-FMP):
    A. Shrimp trawl fishery...............  A. Trawl.
    B. Shrimp pot fishery.................  B. Pot.
18. Monkfish Fishery (FMP jointly managed
 by NEFMC and MAFMC):
    A. Trawl fishery......................  A. Trawl.
    B. Gillnet fishery....................  B. Gillnet.
    C. Longline fishery...................  C. Longline.
    D. Dredge fishery.....................  D. Dredge.
    E. Trap and pot fishery...............  E. Trap, pot.
    F. Recreational fishery...............  F. Rod and reel, spear.
19. Summer Flounder, Scup, Black Sea Bass
 Fishery (FMP managed by MAFMC):

[[Page 80]]

 
    A. Trawl fishery......................  A. Trawl.
    B. Longline and hook and line fishery.  B. Longline, handline.
    C. Mixed species pot and trap fishery.  C. Pot, trap.
    D. Gillnet fishery....................  D. Gillnet.
    E. Dredge fishery.....................  E. Dredge.
    F. Recreational fishery...............  F. Rod and reel, handline,
                                             pot, trap, spear.
20. Hagfish Fishery (Non-FMP).............  Trap, pot.
21. Tautog Fishery (Non-FMP):
    A. Gillnet fishery....................  A. Gillnet.
    B. Pot and trap fishery...............  B. Pot, trap.
    C. Rod and reel, hook and line fishery  C. Rod and reel, handline,
                                             hook and line.
    D. Trawl fishery......................  D. Trawl.
    E. Spear fishery......................  E. Spear.
    F. Fyke net fishery...................  F. Fyke net.
    G. Recreational fishery...............  G. Rod and reel, hook and
                                             line, handline, spear.
22. Recreational Fishery (Non-FMP)........  Rod and reel, handline,
                                             spear, hook and line, hand
                                             harvest, bandit gear,
                                             powerhead, gillnet, cast
                                             net, pot, trap, dip net,
                                             bully net, snare.
23. Commercial Fishery (Non-FMP) Trawl, pot, trap, gillnet, pound net,
 dredge, seine, handline, longline, hook and line, rod and reel, hand
 harvest, purse seine, spear, bandit gear, powerhead, dip net, bully
 net, snare, cast net, barrier net, slurp gun, allowable chemicals..
------------------------------------------------------------------------
           II. Mid-Atlantic Fishery Management Council (MAFMC)
------------------------------------------------------------------------
 1. Summer Flounder, Scup, Black Sea Bass
 Fishery (FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Pelagic longline and hook and line   B. Longline, handline, rod
     fishery.                                and reel.
    C. Mixed species pot and trap fishery.  C. Pot, trap.
    D. Gillnet fishery....................  D. Gillnet.
    E. Dredge fishery.....................  E. Dredge.
    F. Recreational fishery...............  F. Rod and reel, handline,
                                             pot, trap, spear.
 2. Atlantic Bluefish Fishery (FMP):
    A. Bluefish, croaker, and flounder      A. Trawl.
     trawl fishery.
    B. Pelagic longline and hook and line   B. Longline, handline,
     fishery.                                bandit gear, rod and reel.
    C. Mixed species pot and trap fishery.  C. Pot, trap.
    D. 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, spear.
 3. Atlantic Mackerel, Squid, and
 Butterfish Fishery (FMP):
    A. Mackerel, squid, and butterfish      A. Trawl.
     trawl fishery.
    B. Gillnet fishery....................  B. Gillnet.
    C. Longline and hook-and-line fishery.  C. Longline, handline, rod
                                             and reel.
    D. Purse seine fishery................  D. Purse seine.
    E. Mixed species pot and trap fishery.  E. Pot, trap.
    F. Dredge fishery.....................  F. Dredge.
    G. Dip net fishery....................  G. Dip net.
    H. Bandit gear fishery................  H. Bandit gear.
    I. Recreational fishery...............  I. Rod and reel, handline,
                                             pot, spear.
 4. Surf Clam and Ocean Quahog Fishery
 (FMP):
    A. Commercial fishery.................  A. Dredge, hand harvest.
    B. Recreational fishery...............  B. Hand harvest.
 5. 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.
    D. Recreational fishery...............  D. Hand harvest.
 6. Atlantic Menhaden Fishery (Non-FMP):
    A. Purse seine fishery................  A. Purse seine.
    B. Trawl fishery......................  B. Trawl.
    C. Gillnet fishery....................  C. Gillnet.
    D. Commercial hook-and-line fishery...  D. Hook and line.
    E. Recreational fishery...............  E. Hook and line, snagging,
                                             cast nets.
 7. Striped Bass Fishery (Non-FMP)........  No harvest or possession in
                                             the EEZ.
 8. Northern Shrimp Trawl Fishery (Non-     Trawl.
 FMP).
 9. American Lobster Fishery (FMP managed
 by NEFMC):
    A. Pot and trap fishery...............  A. Pot, trap.
    B. Hand harvest fishery...............  B. Hand harvest.
    C. Trawl fishery......................  C. Trawl.
    D. Dredge fishery.....................  D. Dredge.
    E. Gillnet fishery....................  E. Gillnet.
    F. Recreational fishery...............  F. Pot, trap, hand harvest.
10. Weakfish Fishery (Non-FMP):
    A. Commercial fishery.................  A. Trawl, gillnet, hook and
                                             line, rod and reel.
    B. Recreational fishery...............  B. Hook and line, spear.
11. Whelk Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Pot and trap fishery...............  B. Pot, trap.
    C. Dredge.............................  C. Dredge.
    D. Pound net, gillnet, seine..........  D. Pound net, gillnet,
                                             seine.
    E. Recreational fishery...............  E. Hand harvest.
12. Monkfish Fishery (FMP jointly managed
 by NEFMC and MAFMC):
    A. Trawl fishery......................  A. Trawl.
    B. Longline fishery...................  B. Longline, rod and reel.
    C. Gillnet fishery....................  C. Gillnet.
    D. Dredge fishery.....................  D. Dredge.
    E. Trap and pot fishery...............  E. Trap and pot.
    F. Recreational fishery...............  F. Rod and reel, spear.
13. Tilefish Fishery (Non-FMP):

[[Page 81]]

 
    A. Groundfish hook-and-line fishery...  A. Longline, handline, rod
                                             and fishery reel.
    B. Trawl fishery......................  B. Trawl.
    C. Recreational fishery...............  C. Rod and reel, spear.
14. Spiny Dogfish Fishery (FMP jointly
 managed by MAFMC and NEFMC):
    A. Gillnet fishery....................  A. Gillnet.
    B. Trawl fishery......................  B. Trawl.
    C. Hook and line fishery..............  C. Hook and line, rod and
                                             reel, spear.
    D. Dredge fishery.....................  D. Dredge.
    E. Longline fishery...................  E. Longline.
    F. Recreational fishery...............  F. Hook and line, rod and
                                             reel, spear.
15. Tautog Fishery (Non-FMP):
    A. Gillnet fishery....................  A. Gillnet.
    B. Pot and trap fishery...............  B. Pot, trap.
    C. Rod and reel, hook and line          C. Rod and reel, hook and
     handline fishery.                       line, handline.
    D. Trawl fishery......................  D. Trawl.
    E. Spear fishery......................  E. Spear.
    F. Fyke net fishery...................  F. Fyke net.
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             hook and line, spear.
16. Coastal Gillnet Fishery (Non-FMP):....  Gillnet
17. Recreational Fishery (Non-FMP)          Rod and reel, handline,
                                             spear, hook and line, hand
                                             harvest, bandit gear,
                                             powerhead, gillnet, cast
                                             net.
18. NE Multispecies Fishery (FMP managed
 by NEFMC):
    A. NE multispecies sink gillnet         A. Gillnet.
     fishery.
    B. North Atlantic bottom trawl fishery  B. Trawl.
    C. Groundfish hook and line...........  C. Longline, handline, rod
                                             and fishery reel.
    D. Mixed species trap and pot fishery.  D. Trap, pot.
    E. Dredge fishery.....................  E. Dredge.
    F. Seine fishery......................  F. Seine.
    G. Recreational fishery...............  G. Rod and reel, handline,
                                             spear.
19. Atlantic Skate Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Gillnet fishery....................  B. Gillnet.
    C. Hook-and-line fishery..............  C. Longline and handline.
    D. Dredge fishery.....................  D. Dredge.
    E. Recreational fishery...............  E. Rod and reel.
20. Crab Fishery (Non-FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Trawl fishery......................  B. Trawl.
    C. Trap and pot fishery...............  C. Trap, pot.
21. Atlantic Herring Fishery (FMP managed
 by the NEFMC):
    A. Trawl fishery......................  A. Trawl.
    B. Purse seine fishery................  B. Purse seine.
    C. Gillnet fishery....................  C. Gillnet.
    D. Herring pair trawl fishery.........  D. Pair trawl.
    E. Dredge fishery.....................  E. Dredge.
    F. Recreational fishery...............  F. Hook and line, gillnet.
22. South Atlantic Snapper-Grouper Fishery
 (FMP managed by the SAFMC):
    A. Commercial fishery.................  A. Longline, rod and reel,
                                             bandit gear, handline,
                                             spear, powerhead.
    B. Black sea bass trap and 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.
23. South Atlantic Coastal Migratory
 Pelagics Fishery (FMP managed by the
 SAFMC):
    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, spear.
24. Calico Scallops Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Dredge fishery.....................  B. Dredge.
    C. Recreational fishery...............  C. Hand harvest.
25. Sargassum Fishery (Non-FMP)...........  Trawl.
26. South Atlantic Shrimp Fishery (FMP)...  Trawl.
27. Commercial Fishery (Non-FMP)..........  Trawl, pot, trap, gillnet,
                                             pound net, dredge, seine,
                                             handline, longline, hook
                                             and line, rod and reel,
                                             spear.'
-------------------------------------------
             III. South Atlantic Fishery Management Council
------------------------------------------------------------------------
 1. Golden Crab Fishery (FMP).............  Trap.
 2. Crab Fishery (Non-FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Trawl fishery......................  B. Trawl.
    C. Trap and pot fishery...............  C. Trap, pot.
 3. Atlantic Red Drum Fishery (FMP).......  No harvest or possession in
                                             the EEZ.
 4. Coral and Coral Reef Fishery (FMP):
    A. Octocoral commercial fishery.......  Hand harvest.
    B. Live rock aquaculture fishery......  Hand harvest.
 5. South Atlantic Shrimp Fishery (FMP)...  Trawl.
 6. South Atlantic Snapper-Grouper Fishery
 (FMP):
    A. Commercial fishery.................  A. Longline, rod and reel,
                                             bandit gear, handline,
                                             spear, powerhead.
    B. Black sea bass trap and pot fishery  B. Pot, trap.

[[Page 82]]

 
    C. Wreckfish fishery..................  C. Rod and reel, bandit
                                             gear, handline.
    D. Recreational fishery...............  D. Handline, rod and reel,
                                             bandit gear, spear,
                                             powerhead.
 7. South Atlantic Spiny Lobster Fishery
 (FMP):
    A. Commercial fishery.................  A. Trap, pot, dip net, bully
                                             net, snare, hand harvest.
    B. Recreational fishery...............  B. Trap, pot, dip net, bully
                                             net, snare, hand harvest.
 8. South Atlantic Coastal Migratory
 Pelagics Fishery (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, spear.
 9. Spiny Dogfish Fishery (FMP jointly
 managed by NEFMC and SAFMC):
    A. Gillnet fishery....................  A. Gillnet.
    B. Trawl fishery......................  B. Trawl.
    C. Hook and line fishery..............  C. Hook and line, rod and
                                             reel, spear, bandit gear.
    D. Dredge fishery.....................  D. Dredge.
    E. Longline fishery...................  E. Longline.
    F. Recreational fishery...............  F. Hook and line, rod and
                                             reel, spear.
10. Smooth Dogfish Fishery (Non-FMP):
    A. Gillnet fishery....................  A. Gillnet.
    B. Trawl fishery......................  B. Trawl.
    C. Hook and line fishery..............  C. Hook and line, rod and
                                             reel, spear, bandit gear.
    D. Dredge fishery.....................  D. Dredge.
    E. Longline fishery...................  E. Longline.
    F. Recreational fishery...............  F. Hook and line, rod and
                                             reel, spear.
11. Atlantic Menhaden Fishery (Non-FMP):
    A. Purse seine fishery................  A. Purse seine.
    B. Trawl fishery......................  B. Trawl.
    C. Gillnet fishery....................  C. Gillnet.
    D. Commercial hook-and-line...........  D. Hook and line fishery.
    E. Recreational fishery...............  E. Hook and line, snagging,
                                             cast nets.
12. Atlantic Mackerel, Squid, and           Trawl.
 Butterfish Trawl Fishery (Non-FMP).
13. Bait Fisheries (Non-FMP)..............  Purse seine.
14. Weakfish Fishery (Non-FMP):
    A. Commercial fishery.................  A. Trawl, gillnet, hook and
                                             line.
    B. Recreational fishery...............  B. Hook and line, spear.
15. Whelk Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Pot and trap fishery...............  B. Pot, trap.
    C. Dredge fishery.....................  C. Dredge.
    D. Recreational fishery...............  D. Hand harvest.
16. Marine Life Aquarium Fishery (Non-FMP)  Dip net, slurp gun, barrier
                                             net, drop net, allowable
                                             chemical, trap, pot, trawl.
17. Calico Scallop Fishery (Non-FMP):
    A. Dredge fishery.....................  A. Dredge.
    B. Trawl fishery......................  B. Trawl.
    C. Recreational fishery...............  C. Hand harvest.
18. Summer Flounder Fishery (FMP managed
 by MAFMC):
    A. Commercial fishery.................  A. Trawl, longline,
                                             handline, rod and reel,
                                             pot, trap, gillnet, dredge.
    B. Recreational fishery...............  B. Rod and reel, handline,
                                             pot, trap, spear.
19. Bluefish, Croaker, and Flounder Trawl   Trawl, gillnet.
 and Gillnet Fishery (Bluefish FMP managed
 by MAFMC).
20. Commercial Fishery (Non-FMP)..........  Trawl, gillnet, longline,
                                             handline, hook and line,
                                             rod and reel, bandit gear,
                                             cast net, pot, trap,
                                             lampara net, spear.
21. Recreational Fishery (Non-FMP)........  Rod and reel, handline,
                                             spear, hook and line, hand
                                             harvest, bandit gear,
                                             powerhead, gillnet, cast
                                             net.
22. Sargassum Fishery (Non-FMP)...........  Trawl.
23. Octopus Fishery (Non-FMP) Trap, pot.................................
------------------------------------------------------------------------
   IV. Gulf of Mexico Fishery Management
                  Council
-------------------------------------------
1. Gulf of Mexico Red Drum Fishery (FMP)..  No harvest or possession in
                                             the EEZ.
 2. Coral Reef Fishery (FMP):
    A. Commercial fishery.................  A. Hand harvest.
    B. Recreational fishery...............  B. Hand harvest.
 3. Gulf of Mexico Reef Fish Fishery
 (FMP):
    A. Snapper-Grouper reef fish longline   A. Longline, handline,
     and hook and line fishery.              bandit gear, rod and reel,
                                             buoy gear.
    B. Pot and 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.

[[Page 83]]

 
 4. Gulf of Mexico Shrimp Fishery (FMP):
    A. Gulf of Mexico commercial fishery..  A. Trawl butterfly net,
                                             skimmer, cast net.
    B. Recreational fishery...............  B. Trawl.
 5. Gulf of Mexico Coastal Migratory
 Pelagics Fishery (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 Fishery
 (FMP):
    A. Commercial fishery.................  A. Trap, pot, dip net, bully
                                             net, hoop net, trawl,
                                             snare, hand harvest.
    C. Recreational fishery...............  C. Dip net, bully net, pot,
                                             trap, snare, hand harvest.
 6. Stone Crab Fishery (FMP):
    A. Trap and pot fishery...............  A. Trap, pot
    B. Recreational fishery...............  B. Trap, pot, hand harvest.
 7. Blue Crab Fishery (Non-FMP)...........  Trap, pot.
 8. Golden Crab Fishery (Non-FMP).........  Trap.
 9. Mullet Fishery (Non-FMP):
    A. Trawl fishery......................  A. Trawl.
    B. Gillnet fishery....................  B. Gillnet.
    C. Pair trawl fishery.................  C. Pair trawl.
    D. Cast net fishery...................  D. Cast net.
    E. Recreational fishery...............  E. Bandit gear, handline,
                                             rod and reel, spear, cast
                                             net.
10. Inshore Coastal Gillnet Fishery (Non-   Gillnet.
 FMP).
11. Octopus Fishery (Non-FMP).............  Trap, pot.
12. Marine Life Aquarium Fishery (Non-FMP)  Dip net, slurp gun, barrier
                                             net, drop net, allowable
                                             chemical, trap, pot, trawl.
13. Coastal Herring Trawl Fishery (Non-     Trawl.
 FMP).
14. Butterfish Trawl Fishery (Non-FMP)....  Trawl.
15. Gulf of Mexico Groundfish (Non-FMP):
    A. Commercial fishery.................  A. Trawl, purse seine,
                                             gillnet.
    B. Recreational fishery...............  B. Hook and line, rod and
                                             reel, spear.
16. Gulf of Mexico Menhaden Purse Seine     Purse seine.
 Fishery (Non-FMP).
17. Sardine Purse Seine Fishery (Non-FMP).  Purse seine.
18. Oyster Fishery (Non-FMP)..............  Dredge, tongs.
19. Commercial Fishery (Non-FMP)..........  Trawl, gillnet, hook and
                                             line, longline, handline,
                                             rod and reel, bandit gear,
                                             cast net, lampara net,
                                             spear.
20. Recreational Fishery (Non-FMP)........  Bandit gear, handline, rod
                                             and reel, spear, bully net,
                                             gillnet, dip net, longline,
                                             powerhead, seine, slurp
                                             gun, trap, trawl, harpoon,
                                             cast net, hoop net, hook
                                             and line, hand harvest.
-------------------------------------------
  V. Caribbean Fishery Management Council
-------------------------------------------
 1. Caribbean Spiny Lobster Fishery (FMP):
    A. Trap/pot fishery...................  A. Trap/pot.
    B. Dip net fishery....................  B. Dip net.
    C. Entangling net fishery.............  C. Gillnet, trammel net.
    D. Hand harvest fishery...............  D. Hand harvest, snare.
    E. Recreational fishery...............  E. Dip net, trap, pot,
                                             gillnet, trammel net.
 2. Caribbean Shallow Water Reef Fish
 Fishery (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.
 3. Coral and Reef Resources Fishery
 (FMP):
    A. Commercial fishery.................  A. Dip net, slurp gun.
    B. Recreational fishery...............  B. Dip net, slurp gun, hand
                                             harvest.
 4. Queen Conch Fishery (FMP):
    A. Commercial fishery.................  A. Hand harvest.
    B. Recreational fishery...............  B. Hand harvest.
 5. Caribbean Pelagics Fishery (Non-FMP):
    A. Pelagics drift gillnet fishery.....  A. Gillnet.
    B. Pelagics longline/hook and line      B. Longline/hook and line.
     fishery.
    C. Recreational fishery...............  C. Spear, handline,
                                             longline, rod and reel.
 6. Commercial Fishery (Non-FMP)..........  Trawl, gillnet, hook and
                                             line, longline, handline,
                                             rod and reel, bandit gear,
                                             cast net, spear.
 7. Recreational Fishery (Non-FMP)........  Rod and reel, hook and line,
                                             spear, powerhead, handline,
                                             hand harvest, cast net.
-------------------------------------------

[[Page 84]]

 
                 VI. Pacific Fishery Management Council
------------------------------------------------------------------------
 1. Washington, Oregon, and California
 Salmon Fisheries (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.
 2. West Coast Groundfish Fisheries (FMP):
    A. Pacific groundfish trawl fishery...  A. Trawl.
    B. Set gillnet fishery................  B. Gillnet.
    C. Groundfish longline and setline      C. Longline.
     fishery.
    D. Groundfish handline and hook and     D. Handline, hook and line.
     line fishery.
    E. Groundfish pot and trap fishery....  E. Pot, trap.
    F. Recreational fishery...............  F. Rod and reel, handline,
                                             spear, hook and line.
 3. Northern Anchovy Fishery (FMP)........  Purse seine, lampara net.
 4. Angel Shark, White Croaker, California  Gillnet.
 Halibut, White Sea Bass, Pacific Mackerel
 Large-Mesh Set Net Fishery (Non-FMP).
 5. Thresher Shark and Swordfish Drift      Gillnet.
 Gillnet Fishery (Non-FMP).
 6. Pacific Shrimp and Prawn Fishery (Non-
 FMP):
    A. Pot and trap fishery...............  A. Pot, trap.
    B. Trawl fishery......................  B. Trawl.
 7. Lobster and Rock Crab Pot and Trap      Pot, trap.
 Fishery (Non-FMP).
 8. Pacific Halibut Fishery (Non-FMP):
    A. Longline and setline fishery.......  A. Longline.
    B. Hook-and-line fishery..............  B. Hook and line.
 9. California Halibut Trawl and Trammel    Trawl, trammel net.
 Net Fishery.
10. Shark and Bonito Longline and Setline   Longline.
 Fishery (Non-FMP).
11. Dungeness Crab Pot and Trap Fishery     Pot, trap.
 (Non-FMP).
12. Hagfish Pot and Trap Fishery (Non-FMP)  Pot, trap.
13. Pacific Albacore and Other Tuna Hook-   Hook and line.
 and-line Fishery (Non-FMP).
14. Pacific Swordfish Harpoon Fishery (Non- Harpoon.
 FMP).
15. Pacific Scallop Dredge Fishery (Non-    Dredge.
 FMP).
16. Pacific Yellowfin, Skipjack Tuna,       Purse seine.
 Purse Seine Fishery, (Non-FMP).
17. Market Squid Fishery (Non-FMP)........  Purse seine, dip net.
18. Pacific Sardine, Pacific Mackerel,      Purse seine.
 Pacific Saury, Pacific Bonito, and Jack
 Mackerel Purse Seine Fishery (Non-FMP).
19. Finfish and Shellfish Live Trap, Hook-  Trap, handline, hook and
 and-line, and Handline Fishery (Non-FMP).   line.
20. Recreational Fishery (Non-FMP)........  Spear, trap, handline, pot,
                                             hook and line, rod and
                                             reel, hand harvest.
21. Commercial Fishery (Non-FMP)..........  Trawl, gillnet, hook and
                                             line, longline, handline,
                                             rod and reel, bandit gear,
                                             cast net, spear.
-------------------------------------------
              VII. North Pacific Fishery Management Council
------------------------------------------------------------------------
 1. Alaska Scallop Fishery (FMP)..........  Dredge.
 2. Bering Sea (BS) and Aleutian Islands
 (AI) King and Tanner Crab Fishery (FMP):
    Pot fishery...........................  Pot.
 3. Bering Sea (BS) and Aleutian Islands    ............................
 (AI) King and Tanner Crab Fishery (FMP):
    Recreational fishery..................  Pot.
 4. BS and AI Groundfish Fishery (FMP):
    A. Groundfish trawl fishery...........  A. Trawl.
    B. Bottomfish hook-and-line, and        B. Hook and line, handline.
     handline fishery.
    C. Longline fishery...................  C. Longline.
    D. BS and AI pot and trap fishery.....  D. Pot, trap.
 5. BS and AI Groundfish Recreational       Handline, rod and reel, hook
 Fishery (Non-FMP)..                         and line, pot, trap.
 6. 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 fishery.
    C. Longline fishery...................  C. Longline.
    D. GOA pot and trap fishery...........  D. Pot, trap.
    E. Recreational fishery...............  E. Handline, rod and reel,
                                             hook and line, pot, trap.
 7. Pacific Halibut Fishery (Non-FMP):
     A. Commercial (IFQ and CDQ)..........  A. Hook and line.
     B. Recreational......................  B. Single line with no more
                                             than 2 hooks attached or
                                             spear.
     C. Subsistence.......................  C. Setline gear and hand
                                             held gear of not more than
                                             30 hooks, including
                                             longline, handline, rod and
                                             reel, spear, jig, and hand-
                                             troll gear.
 8. Alaska High Seas Salmon Hook and Line
 Fishery:
    (FMP).................................  Hook and line.
 9. Alaska Salmon Fishery (Non-FMP):
    A. Hook-and-line fishery..............  A. Hook and line.
    B. Gillnet fishery....................  B. Gillnet.
    C. Purse seine fishery................  C. Purse seine.
    D. Recreational fishery...............  D. Handline, rod and reel,
                                             hook and line.
10. Finfish Purse Seine Fishery (Non-FMP).  Purse seine.
11. Octopus/Squid Longline Fishery (Non-    Longline.
 FMP)..
12. Finfish Handline and Hook-and-line      Handline, hook and line.
 Fishery (Non-FMP).
13. Recreational Fishery (Non-FMP)........  Handline, rod and reel, hook
                                             line.
14. Commercial Fishery (Non-FMP)..........  Trawl, gillnet, hook and
                                             line, longline, handline,
                                             rod and reel, bandit gear,
                                             cast net, spear.
-------------------------------------------

[[Page 85]]

 
            VIII. Western Pacific Fishery Management Council
------------------------------------------------------------------------
 1. Western Pacific Crustacean Fishery      Trap, hand harvest, hoop
 (FMP)                                       net.
 2. Western Pacific Crustacean Fishery
 (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.
 3. Western Pacific Precious Corals
 Fishery (FMP):
    A. Tangle net dredge fishery..........  A. Tangle net dredge.
    B. Submersible fishery................  B. Submersible.
    C. Dive fishery.......................  C. Hand harvest.
    D. Recreational fishery...............  D. Hand harvest.
 4. Western Pacific Precious Corals         Hand harvest, submersible,
 Fishery (Non-FMP).                          tangle net dredge.
 5. Western Pacific Bottomfish and
 Seamount Groundfish Fishery (FMP):
    A. Bottomfish hook-and-line fishery...  A. Bandit gear, buoy gear,
                                             handline, hook and line,
                                             rod and reel, hand harvest.
    B. Seamount groundfish fishery........  B. Longline, trawl.
    C. Bottom longline fishery............  C. Longline, hook and line.
    D. Trap fishery.......................  D. Trap.
    E. Spear fishery......................  E. Spear, powerhead.
 6. Western Pacific Bottomfish and
 Seamount Groundfish Fishery (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, slurp
                                             gun, hand harvest.
    C. Charter fishery....................  C. Bandit gear, buoy gear,
                                             handline, hook-and-line,
                                             rod and reel, spear.
 7. Western Pacific Pelagics Fishery
 (FMP):
    A. Longline Fisher....................  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 net, purse seine.
    D. Spear fishery......................  D. Spear, powerhead.
 8. Western Pacific Pelagics Fishery (Non-
 FMP):
    A. Recreational fishery...............  A. Bandit gear, buoy gear,
                                             dip net, handline, hook and
                                             line, hoop net, powerhead,
                                             rod and real, 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.
 9. Western Pacific Coastal Pelagics        Bandit gear, buoy gear, dip
 Fishery (Non-FMP).                          net, gillnet, handline,
                                             hook and line, hoop net,
                                             lampara net, purse seine,
                                             rod and reel, spear.
10. Western Pacific Squid and Octopus       Bandit gear, hand harvest,
 Fishery (Non-FMP).                          hook and line, rod and
                                             reel, spear, trap.
11. Western Pacific Coral Reef Fishery      Allowable chemical, barrier
 (Non-FMP).                                  net, dip net, gillnet, hand
                                             harvest, seine, slurp gun,
                                             trap, spear, rod and reel,
                                             hook and line.
12. Recreational Fishery (Non-FMP)........  Rod and reel, hook and line,
                                             handline, hand harvest,
                                             spear.
13. Commercial Fishery (Non-FMP)..........  Trawl, gillnet, hook and
                                             line, longline, handline,
                                             rod and reel, bandit gear,
                                             cast net, spear.
-------------------------------------------
                        IX. Secretary of Commerce
------------------------------------------------------------------------
 1. Atlantic Tunas, Swordfish, and Sharks
 Fisheries (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.

[[Page 86]]

 
    H. Tuna handgear fishery..............  H. Rod and reel, harpoon,
                                             handline, bandit gear.
    I. Tuna harpoon fishery...............  I. Harpoon.
 2. Atlantic Billfish Fishery (FMP):
    Recreational fishery..................  Rod and reel.
 3. Commercial Fisheries (Non-FMP)........  Rod and reel, handline,
                                             longline, gillnet, harpoon,
                                             bandit gear, purse seine
------------------------------------------------------------------------


[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; 64 FR 67516, Dec. 2, 1999; 68 FR 18161, Apr. 15, 2003; 68 FR 
26230, May 15, 2003]



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 (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

[[Page 87]]

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 (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

[[Page 88]]

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 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

[[Page 89]]

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 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.

[[Page 90]]

    (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 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

[[Page 91]]

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 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

[[Page 92]]

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, 
300, 600, 622, 635, 648, 660, 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:
    (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, as amended at 67 FR 64312, Oct. 18, 2002]



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

[[Page 93]]

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 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.

[[Page 94]]

    (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.
    (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.

[[Page 95]]



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:
    (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

[[Page 96]]

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.
    (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

[[Page 97]]

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 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.

[[Page 98]]



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.
    (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: 67 FR 2376, Jan. 17, 2002, 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 EFH provisions to an FMP, i.e., 
description and identification of EFH, adverse effects on EFH (including 
minimizing, to the extent practicable, adverse effects 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 fishery management unit (FMU). An FMP 
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 in 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 
sections 303(a)(7) and 305(b) of the Magnuson-Stevens Act. Activities 
that may adversely affect 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 that reduces quality and/or quantity 
of EFH. Adverse effects may include direct or indirect physical, 
chemical, or biological alterations of the waters or substrate and loss 
of, or injury to, benthic organisms, prey species and their habitat, and 
other ecosystem components, if such modifications reduce the quality 
and/or quantity of EFH. Adverse effects to EFH may result from actions 
occurring within EFH or outside of EFH and may include site-specific or 
habitat-wide impacts, including individual, cumulative, or synergistic 
consequences of actions.
    Council includes the Secretary, as applicable, when preparing FMPs 
or amendments under sections 304(c) and (g) of the Magnuson-Stevens Act.
    Ecosystem means communities of organisms interacting with one 
another

[[Page 99]]

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)(8).
    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 section 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) Description and identification of EFH--
(i) Overview. FMPs must describe and identify EFH in text that clearly 
states the habitats or habitat types determined to be EFH for each life 
stage of the managed species. FMPs should explain the physical, 
biological, and chemical characteristics of EFH and, if known, how these 
characteristics influence the use of EFH by the species/life stage. FMPs 
must identify the specific geographic location or extent of habitats 
described as EFH. FMPs must include maps of the geographic locations of 
EFH or the geographic boundaries within which EFH for each species and 
life stage is found.
    (ii) Habitat information by life stage. (A) Councils need basic 
information to understand the usage of various habitats by each managed 
species. Pertinent information includes the geographic range and habitat 
requirements by life stage, the distribution and characteristics of 
those habitats, and current and historic stock size as it affects 
occurrence in available habitats. FMPs should summarize the life history 
information necessary to understand each species' relationship to, or 
dependence on, its various habitats, using text, tables, and figures, as 
appropriate. FMPs should document patterns of temporal and spatial 
variation in the distribution of each major life stage (defined by 
developmental and functional shifts) to aid in understanding habitat 
needs. FMPs should summarize (e.g., in tables) all available information 
on environmental and habitat variables that control or limit 
distribution, abundance, reproduction, growth, survival, and 
productivity of the managed species. The information should be supported 
with citations.
    (B) Councils should obtain information to describe and identify EFH 
from the best available sources, including peer-reviewed literature, 
unpublished scientific reports, data files of government resource 
agencies, fisheries landing reports, and other sources of information. 
Councils should consider different types of information according to its 
scientific rigor. FMPs should identify species-specific habitat data 
gaps and deficits in data quality (including considerations of scale and 
resolution; relevance; and potential biases in collection and 
interpretation). FMPs must demonstrate that the best scientific 
information available was used in the description and identification of 
EFH, consistent with national standard 2.
    (iii) Analysis of habitat information. (A) The following approach 
should be used to organize the information necessary to describe and 
identify EFH.
    (1) Level 1: Distribution data are available for some or all 
portions of the geographic range of the species. At this level, only 
distribution data are available to describe the geographic range of a 
species (or life stage). Distribution data may be derived from 
systematic presence/absence sampling and/or may include information on 
species and life stages collected opportunistically. In the event that 
distribution data are available only for portions of the geographic area 
occupied by a particular life stage of a species, habitat use 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.

[[Page 100]]

Habitat use may also be inferred, if appropriate, based on information 
on a similar species or another life stage.
    (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 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 stage. The habitats 
contributing the most to productivity should be those that support the 
highest growth, reproduction, and survival of the species (or life 
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 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.
    (B) Councils should strive to describe habitat based on the highest 
level of detail (i.e., Level 4). If there is no information on a given 
species or life stage, and habitat usage cannot be inferred from other 
means, such as information on a similar species or another life stage, 
EFH should not be designated.
    (iv) EFH determination. (A) Councils should analyze available 
ecological, environmental, and fisheries information and data relevant 
to the managed species, the habitat requirements by life stage, and the 
species' distribution and habitat usage to describe and identify EFH. 
The information described in paragraphs (a)(1)(ii) and (iii) 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 areas are identified as EFH for managed species. Level 1 
information, if available, should be used to identify the geographic 
range of the species at each life stage. If only Level 1 information is 
available, distribution data should be evaluated (e.g., using a 
frequency of occurrence or other appropriate analysis) to identify EFH 
as those habitat areas most commonly used by the species. Level 2 
through 4 information, if available, should be used to identify EFH as 
the habitats supporting the highest relative abundance; growth, 
reproduction, or survival rates; and/or production rates within the 
geographic range of a species. FMPs should explain the analyses 
conducted to distinguish EFH from all habitats potentially used by a 
species.
    (B) FMPs must describe EFH in text, including reference to the 
geographic location or extent of EFH using boundaries such as longitude 
and latitude, isotherms, isobaths, political boundaries, and major 
landmarks. If there are differences between the descriptions of EFH in 
text, maps, and tables, the textual description is ultimately 
determinative of the limits of EFH. Text and tables should explain 
pertinent physical, chemical, and biological characteristics of EFH for 
the managed species and explain any variability in habitat usage 
patterns, but the boundaries of EFH should be static.
    (C) 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 may 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 amended, if 
appropriate.
    (D) Areas described as EFH will normally 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.

[[Page 101]]

    (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. EFH must be designated 
for each managed species, but, where appropriate, may be designated for 
assemblages of species or life stages that have similar habitat needs 
and requirements. If grouping species or using species assemblages for 
the purpose of designating EFH, FMPs must include a justification and 
scientific rationale. 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 are 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 
reduced yields of a species or assemblage and if, 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 
stream or river blockages), improved water quality measures (removal of 
contaminants or increasing flows), and similar measures that are 
technologically and economically feasible, EFH should include those 
habitats that would be necessary to the species to obtain increased 
yields.
    (v) EFH mapping requirements. (A) FMPs must include maps that 
display, within the constraints of available information, the geographic 
locations of EFH or the geographic boundaries within which EFH for each 
species and life stage is found. Maps should identify the different 
types of habitat designated as EFH to the extent possible. Maps should 
explicitly distinguish EFH from non-EFH areas. Councils should confer 
with NMFS regarding mapping standards to ensure that maps from different 
Councils can be combined and shared efficiently and effectively. 
Ultimately, data used for mapping should be incorporated into a 
geographic information system (GIS) to facilitate analysis and 
presentation.
    (B) Where the present distribution or stock size of a species or 
life stage is different from the historical distribution or stock size, 
then maps of historical habitat boundaries should be included in the 
FMP, if known.
    (C) FMPs should include maps of any habitat areas of particular 
concern identified under paragraph (a)(8) of this section.
    (2) Fishing activities that may adversely affect EFH--(i) 
Evaluation. Each FMP must contain an evaluation of the potential adverse 
effects of fishing on EFH designated under the FMP, including effects of 
each fishing activity regulated under the FMP or other Federal FMPs. 
This evaluation should consider the effects of each fishing activity on 
each type of habitat found within EFH. FMPs must describe each fishing 
activity, review and discuss all available relevant information (such as 
information regarding the intensity, extent, and frequency of any 
adverse effect on EFH; the type of habitat within EFH that may be 
affected adversely; and the habitat functions that may be disturbed), 
and provide conclusions regarding whether and how each fishing activity 
adversely affects EFH. The evaluation should also consider the 
cumulative effects of multiple fishing activities on EFH. The evaluation 
should list any past management actions that minimize potential adverse 
effects on EFH and describe the benefits of those actions to EFH. The 
evaluation should give special attention to adverse effects on habitat 
areas of particular concern and should identify for possible designation 
as habitat areas of particular concern any EFH that is particularly 
vulnerable to fishing activities. Additionally, the evaluation should 
consider the establishment of research closure areas or other measures 
to evaluate the impacts of fishing activities on EFH. In completing this 
evaluation, Councils should use the best scientific information 
available, as well as other appropriate information sources. Councils 
should consider different types of information according to its 
scientific rigor.
    (ii) Minimizing adverse effects. Each FMP must minimize to the 
extent practicable adverse effects from fishing on EFH, including EFH 
designated under other Federal FMPs. Councils

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must act to prevent, mitigate, or minimize any adverse effects from 
fishing, to the extent practicable, if there is evidence that a fishing 
activity adversely affects EFH in a manner that is more than minimal and 
not temporary in nature, based on the evaluation conducted pursuant to 
paragraph (a)(2)(i) of this section and/or the cumulative impacts 
analysis conducted pursuant to paragraph (a)(5) of this section. In such 
cases, FMPs should identify a range of potential new actions that could 
be taken to address adverse effects on EFH, include an analysis of the 
practicability of potential new actions, and adopt any new measures that 
are necessary and practicable. Amendments to the FMP or to its 
implementing regulations must ensure that the FMP continues to minimize 
to the extent practicable adverse effects on EFH caused by fishing. FMPs 
must explain the reasons for the Council's conclusions regarding the 
past and/or new actions that minimize to the extent practicable the 
adverse effects of fishing on EFH.
    (iii) Practicability. In determining whether it is practicable to 
minimize an adverse effect from fishing, Councils should consider the 
nature and extent of the adverse effect on EFH and the long and short-
term costs and benefits of potential management measures to EFH, 
associated fisheries, and the nation, consistent with national standard 
7. In determining whether management measures are practicable, Councils 
are not required to perform a formal cost/benefit analysis.
    (iv) Options for managing adverse effects from fishing. Fishery 
management options may include, but are not limited to:
    (A) Fishing equipment restrictions. These options may include, but 
are not limited to: seasonal and areal 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 damage to EFH.
    (B) 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 stages, such as those areas designated as habitat areas of 
particular concern.
    (C) 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.
    (3) Non-Magnuson-Stevens Act fishing activities that may adversely 
affect EFH. FMPs must identify any fishing activities that are not 
managed under the Magnuson-Stevens Act that may adversely affect EFH. 
Such activities may include fishing managed by state agencies or other 
authorities.
    (4) Non-fishing related activities that may adversely affect EFH. 
FMPs must identify activities other than fishing that may adversely 
affect EFH. Broad categories of such activities include, but are not 
limited to: dredging, filling, 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. For each activity, the FMP should describe known 
and potential adverse effects to EFH.
    (5) Cumulative impacts 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. To the extent feasible and 
practicable, FMPs should analyze how the cumulative impacts of fishing 
and non-fishing activities influence the function of EFH on an ecosystem 
or

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watershed scale. 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 EFH, 
also should be included.
    (6) Conservation and enhancement. FMPs must identify actions to 
encourage the conservation and enhancement of EFH, including recommended 
options to avoid, minimize, or compensate for the adverse effects 
identified pursuant to paragraphs (a)(3) through (5) of this section, 
especially in habitat areas of particular concern.
    (7) Prey species. Loss of prey may be an adverse effect on EFH and 
managed species because the presence of prey makes waters and substrate 
function as feeding habitat, and the definition of EFH includes waters 
and substrate necessary to fish 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 EFH if such actions reduce 
the quality of EFH. FMPs should list the major prey species for the 
species in the fishery management unit and discuss the location of prey 
species' habitat. Adverse effects on prey species and their habitats may 
result from fishing and non-fishing activities.
    (8) Identification of habitat areas of particular concern. FMPs 
should identify specific types or areas of habitat within EFH as habitat 
areas of particular concern based on one or more of the following 
considerations:
    (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.
    (9) Research and information needs. Each FMP should contain 
recommendations, preferably in priority order, for research efforts that 
the Councils and NMFS view as necessary to improve upon the description 
and identification of EFH, the identification of threats to EFH from 
fishing and other activities, and the development of conservation and 
enhancement measures for EFH.
    (10) Review and revision of EFH components of FMPs. Councils and 
NMFS should periodically review the EFH provisions of FMPs and revise or 
amend EFH provisions as warranted based on available information. FMPs 
should outline the procedures the Council will follow to review and 
update EFH information. The review of information should include, but 
not be limited to, evaluating published scientific literature and 
unpublished scientific reports; soliciting information from interested 
parties; and searching for previously unavailable or inaccessible data. 
Councils should report on their review of EFH information as part of the 
annual Stock Assessment and Fishery Evaluation (SAFE) report prepared 
pursuant to Sec. 600.315(e). A complete review of all EFH information 
should be conducted as recommended by the Secretary, but at least once 
every 5 years.
    (b) Development of EFH recommendations for Councils. 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 to 
assist each Council in the identification of EFH, adverse impacts to 
EFH, and actions that should be considered to ensure the conservation 
and enhancement of EFH for each FMP. NMFS will provide such 
recommendations for the initial incorporation of EFH information into an 
FMP and for any subsequent modification of the EFH components of an FMP. 
The NMFS EFH recommendations may be provided either before the Council's 
development of a draft EFH document or later as a review of a draft EFH 
document developed by a Council, as appropriate.
    (c) Relationship to other fishery management authorities. Councils 
are encouraged to coordinate with state and

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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 affects EFH, NMFS will 
consider that action to be an adverse effect on EFH pursuant to 
paragraph (a)(3) 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: 67 FR 2376, Jan. 17, 2002, unless otherwise noted.



Sec. 600.905  Purpose, 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 
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 closely 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 and state 
agencies. NMFS will work with each Council to share information and to 
coordinate Council and NMFS comments and recommendations on actions that 
may adversely affect EFH. 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 that reduces quality and/or quantity 
of EFH. Adverse effects may include direct or indirect physical, 
chemical, or biological alterations of the waters or substrate and loss 
of, or injury to, benthic organisms, prey species and their habitat, and 
other ecosystem components, if such modifications reduce the quality 
and/or quantity of EFH. Adverse effects to EFH may result from actions 
occurring within EFH or outside of EFH and may include site-specific or 
habitat-wide impacts, including individual, cumulative, or synergistic 
consequences of actions.
    Anadromous fishery resource under Council authority means an 
anadromous species managed under an FMP.
    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)(8).
    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'',

[[Page 105]]

``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, and the general 
public, 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, potential threats to EFH, and opportunities to 
promote the conservation and enhancement of EFH.



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 actions that were completed prior to the approval of EFH 
designations by the Secretary, e.g., issued permits. Consultation is 
required for renewals, reviews, or substantial revisions of actions if 
the renewal, review, or revision may adversely affect EFH. 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 under paragraph (j) of this section, if appropriate, with respect 
to these actions. Consultation is required for emergency Federal actions 
that may adversely affect EFH, such as hazardous material clean-up, 
response to natural disasters, or actions to protect public safety. 
Federal agencies should contact NMFS early in emergency response 
planning, but may consult after-the-fact if consultation on an expedited 
basis is not practicable before taking the action.
    (2) Approaches for conducting consultation. Federal agencies may use 
one of the five approaches described in paragraphs (f) through (j) of 
this section to fulfill the EFH consultation requirements. The selection 
of a particular approach for handling EFH consultation depends on the 
nature and scope of the actions that may adversely affect EFH. Federal 
agencies should use the most efficient approach for EFH consultation 
that is appropriate for a given action or actions. The five approaches 
are: use of existing environmental review procedures, General 
Concurrence, abbreviated consultation, expanded consultation, and 
programmatic consultation.
    (3) Early notification and coordination. The Federal agency should 
notify NMFS in writing as early as practicable regarding actions that 
may adversely affect EFH. Notification will facilitate discussion of 
measures to conserve EFH. Such early coordination 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.
    (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) through (4) of the Magnuson-Stevens Act may be 
fulfilled through a lead agency. The lead agency should notify NMFS in 
writing that it is representing one or more additional agencies. 
Alternatively, if one Federal agency has completed an EFH consultation 
for an action and another Federal agency acts separately to authorize, 
fund, or undertake the same activity (such as issuing a permit for an 
activity that was funded via a separate Federal action), the completed 
EFH consultation may suffice for both

[[Page 106]]

Federal actions if it adequately addresses the adverse effects of the 
actions on EFH. Federal agencies may need to consult with NMFS 
separately if, for example, only one of the agencies has the authority 
to implement measures necessary to minimize adverse effects on EFH and 
that agency does not act as the lead agency.
    (c) Designation of non-Federal representative. A Federal agency may 
designate a non-Federal representative to conduct an EFH consultation 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)(B) of 
the Magnuson-Stevens Act.
    (d) Best available information. The Federal agency and NMFS must use 
the best scientific information available regarding the effects of the 
action on EFH and the measures that can be taken to avoid, minimize, or 
offset such effects. Other appropriate sources of information may also 
be considered.
    (e) EFH Assessments--(1) Preparation requirement. For any Federal 
action that may adversely affect EFH, Federal agencies must provide NMFS 
with a written assessment of the effects of that action on EFH. For 
actions covered by a General Concurrence under paragraph (g) of this 
section, an EFH Assessment should be completed during the development of 
the General Concurrence and is not required for the individual actions. 
For actions addressed by a programmatic consultation under paragraph (j) 
of this section, an EFH Assessment should be completed during the 
programmatic consultation and is not required for individual actions 
implemented under the program, except in those instances identified by 
NMFS in the programmatic consultation as requiring separate EFH 
consultation. Federal agencies are not required to provide NMFS with 
assessments regarding actions that they have determined would not 
adversely affect EFH. Federal agencies may incorporate an EFH Assessment 
into documents prepared for other purposes such as Endangered Species 
Act (ESA) Biological Assessments pursuant to 50 CFR part 402 or National 
Environmental Policy Act (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 (e)(3) of 
this section and be clearly identified as an EFH Assessment. The 
procedure for combining an EFH consultation with other environmental 
reviews is set forth in paragraph (f) of this section.
    (2) Level of detail. The level of detail in an EFH Assessment should 
be commensurate with the complexity and magnitude of the potential 
adverse effects of the action. For example, for relatively simple 
actions involving minor adverse effects on EFH, the assessment may be 
very brief. Actions that may pose a more serious threat to EFH warrant a 
correspondingly more detailed EFH Assessment.
    (3) Mandatory contents. The assessment must contain:
    (i) A description of the action.
    (ii) An analysis of the potential adverse effects of the action on 
EFH and the managed species.
    (iii) The Federal agency's conclusions regarding the effects of the 
action on EFH.
    (iv) Proposed mitigation, if applicable.
    (4) 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 action. Such analysis should 
include alternatives that could avoid or minimize adverse effects on 
EFH.
    (v) Other relevant information.
    (5) 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

[[Page 107]]

by reference other relevant environmental assessment documents. These 
documents must be provided to NMFS with the EFH Assessment.
    (f) Use of existing environmental review procedures--(1) Purpose and 
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 
NEPA, the Fish and Wildlife Coordination Act, Clean Water Act, ESA, and 
Federal Power Act. The requirements of sections 305(b)(2) and 305(b)(4) 
of the Magnuson-Stevens Act, including consultations that would be 
considered to be abbreviated or expanded consultations under paragraphs 
(h) and (i) of this section, can be combined with existing procedures 
required by other statutes if such processes meet, or are modified to 
meet, the following criteria:
    (i) The existing process must provide NMFS with timely notification 
of actions that may adversely affect EFH. The Federal agency should 
notify NMFS according to the same timeframes for notification (or for 
public comment) as in the existing process. Whenever possible, 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 provided that they allow sufficient time for NMFS to develop 
EFH Conservation Recommendations.
    (ii) Notification must include an assessment of the impacts of the 
action on EFH that meets the requirements for EFH Assessments contained 
in paragraph (e) of this section. If the EFH Assessment is contained in 
another document, the Federal agency must identify that section of the 
document as the EFH Assessment.
    (iii) NMFS must have made a finding pursuant to paragraph (f)(3) of 
this section that the existing process can be used to satisfy the 
requirements of sections 305(b)(2) and 305(b)(4) of the Magnuson-Stevens 
Act.
    (2) NMFS response to Federal agency. If an existing environmental 
review process is used to fulfill the EFH consultation requirements, the 
comment deadline for that process should apply to the submittal of NMFS 
EFH Conservation Recommendations under section 305(b)(4)(A) of the 
Magnuson-Stevens Act, unless NMFS and the Federal agency agree to a 
different deadline. 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 will be clearly identified as such (e.g., a 
section in the comment letter entitled ``EFH Conservation 
Recommendations'') and a Federal agency 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 environmental 
review process should contact NMFS at the appropriate level (regional 
offices for regional processes, headquarters office for national 
processes) to discuss how to combine the EFH consultation requirements 
with the existing process, with or without modifications. If, at the 
conclusion of these discussions, NMFS determines that the existing or 
modified process meets the criteria of paragraph (f)(1) of this section, 
NMFS will make a finding that the process can be used to 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 agency and NMFS should 
follow one of the approaches for consultation discussed in the following 
sections.
    (g) General Concurrence--(1) Purpose. A General Concurrence 
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.

[[Page 108]]

    (2) Criteria. (i) For Federal actions to qualify for General 
Concurrence, NMFS must determine 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 actions covered by a General Concurrence will be the 
responsibility of the Federal agency. However, NMFS may agree to track 
such actions. Tracking should include numbers of actions and the amount 
and type of habitat adversely affected, and should specify the baseline 
against which the actions will be tracked. The agency responsible for 
tracking such actions should make the information available to NMFS, the 
applicable Council(s), 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 (g)(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 proposed for actions that may 
adversely affect 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 
an EFH Assessment containing a description of the nature and approximate 
number of the actions, an analysis of the effects of the actions on EFH, 
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 (g)(2)(i) of this section, NMFS will 
provide the Federal agency with a written statement of General 
Concurrence that further consultation is not required. If NMFS does not 
agree that the actions fit the criteria in paragraph (g)(2)(i) of this 
section, NMFS will notify the Federal agency that a General Concurrence 
will not be issued and that another type of 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) 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 no process in 
place to adequately assess the cumulative impacts of actions covered 
under the General Concurrence. NMFS may request further consultation for 
these actions on a case-by-case basis. Each General Concurrence should 
establish specific procedures for further consultation, if appropriate.
    (5) Notification. After completing a General Concurrence, NMFS will 
provide a copy to the appropriate Council(s) and will make the General 
Concurrence available to the public by posting the document on the 
internet or through other appropriate means.
    (6) Revisions. NMFS will periodically review and revise its General 
Concurrences, as appropriate.
    (h) Abbreviated consultation procedures--(1) Purpose and criteria. 
Abbreviated consultation allows NMFS to determine quickly 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

[[Page 109]]

could be alleviated through minor modifications.
    (2) Notification by agency and submittal of EFH Assessment. 
Abbreviated consultation begins when NMFS receives from the Federal 
agency an EFH Assessment in accordance with paragraph (e) of this 
section and a written request for consultation.
    (3) NMFS response to Federal agency. If NMFS determines, contrary to 
the Federal agency's assessment, that an action would not adversely 
affect EFH, or if NMFS determines that no EFH Conservation 
Recommendations are needed, NMFS will notify the Federal agency either 
informally or in writing of its determination. If NMFS believes that the 
action may result in substantial adverse effects on EFH, or that 
additional analysis is needed to assess the effects of the action, NMFS 
will request in writing 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 
expanded consultation is not necessary, NMFS will provide EFH 
Conservation Recommendations, if appropriate, pursuant to section 
305(b)(4)(A) of the Magnuson-Stevens Act.
    (4) Timing. The Federal agency must submit its EFH Assessment to 
NMFS as soon as practicable, but at least 60 days prior to a final 
decision on the action. NMFS must respond in writing within 30 days. 
NMFS and the Federal 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 actions with lengthy approval processes.
    (i) Expanded consultation procedures--(1) Purpose and criteria. 
Expanded consultation allows maximum opportunity for NMFS and the 
Federal agency to work together to review the action's impacts on EFH 
and to develop 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 
effects of an action make expanded consultation appropriate.
    (2) Notification by agency and submittal of EFH Assessment. Expanded 
consultation begins when NMFS receives from the Federal agency an EFH 
Assessment in accordance with paragraph (e) of this section and a 
written request for expanded consultation. Federal agencies are 
encouraged to provide in the EFH Assessment the additional information 
identified under paragraph (e)(4) of this section to facilitate review 
of the effects of the action on EFH.
    (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 action with the appropriate 
Council(s).
    (iv) Discuss EFH Conservation Recommendations with the Federal 
agency and provide such recommendations to the Federal agency, pursuant 
to section 305(b)(4)(A) of the Magnuson-Stevens Act.
    (4) Timing. The Federal agency must submit its 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 agency. NMFS and Federal agencies may agree 
to use a compressed schedule in cases where regulatory approvals or 
emergency situations cannot accommodate 60 days for consultation, or to 
conduct consultation earlier in the planning cycle for actions with 
lengthy approval processes.
    (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

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consultation. If NMFS and the Federal agency agree to an extension, the 
Federal agency should provide the additional information to NMFS, to the 
extent practicable. If NMFS and the Federal agency do not agree to 
extend consultation, NMFS must provide EFH Conservation Recommendations 
to the Federal agency using the best scientific information available to 
NMFS.
    (j) Programmatic consultation--(1) Purpose. Programmatic 
consultation provides a means for NMFS and a Federal agency to consult 
regarding a potentially large number of individual actions that may 
adversely affect EFH. Programmatic consultation will generally be the 
most appropriate option to address funding programs, large-scale 
planning efforts, and other instances where sufficient information is 
available to address all reasonably foreseeable adverse effects on EFH 
of an entire program, parts of a program, or a number of similar 
individual actions occurring within a given geographic area.
    (2) Process. A Federal agency may request programmatic consultation 
by providing NMFS with an EFH Assessment in accordance with paragraph 
(e) of this section. The description of the proposed action in the EFH 
Assessment should describe the program and the nature and approximate 
number (annually or by some other appropriate time frame) of the 
actions. NMFS may also initiate programmatic consultation by requesting 
pertinent information from a Federal agency.
    (3) NMFS response to Federal agency. NMFS will respond to the 
Federal agency with programmatic EFH Conservation Recommendations and, 
if applicable, will identify any potential adverse effects that could 
not be addressed programmatically and require project-specific 
consultation. NMFS may also determine that programmatic consultation is 
not appropriate, in which case all EFH Conservation Recommendations will 
be deferred to project-specific consultations. If appropriate, NMFS' 
response may include a General Concurrence for activities that qualify 
under paragraph (g) of this section.
    (k) Responsibilities of Federal agency following receipt of EFH 
Conservation Recommendations--(1) Federal agency response. As required 
by section 305(b)(4)(B) of the Magnuson-Stevens Act, the Federal agency 
must provide a detailed response in writing to NMFS and to any Council 
commenting on the action under section 305(b)(3) of the Magnuson-Stevens 
Act within 30 days after receiving an EFH Conservation Recommendation 
from NMFS. Such a response must be provided at least 10 days prior to 
final approval of the action if the response is inconsistent with any of 
NMFS' EFH Conservation Recommendations, unless NMFS and the Federal 
agency have agreed to use alternative time frames for the Federal agency 
response. 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 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 action and the measures needed to avoid, minimize, 
mitigate, or offset such effects.
    (2) Further review of decisions inconsistent with NMFS or Council 
recommendations. If a Federal 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 agency, as 
well as with any other agencies involved, to discuss the action and 
opportunities for resolving any disagreements. If a Federal 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. NMFS may develop written procedures to further define such 
review processes.

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    (l) Supplemental consultation. A Federal 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)(A) 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 
will not recommend 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 agencies as 
part of EFH consultations conducted pursuant to Sec. 600.920. If NMFS 
becomes aware of a Federal action that would adversely affect EFH, but 
for which a Federal agency has not initiated 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.
    (c) Recommendations to state agencies--(1) Establishment of 
procedures. The Magnuson-Stevens Act does not require state agencies to 
consult with the Secretary regarding EFH. NMFS will use existing 
coordination procedures or establish new procedures to identify state 
actions that may adversely affect EFH, and to determine the most 
appropriate method for providing EFH Conservation Recommendations to 
state agencies.
    (2) Coordination with states on recommendations to Federal agencies. 
When an action that would adversely affect EFH is authorized, funded, or 
undertaken 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.
    (d) Coordination with Councils. NMFS will coordinate with each 
Council to identify the types of actions on which Councils intend to 
comment pursuant to section 305(b)(3) of the Magnuson-Stevens Act. For 
such actions NMFS will share pertinent information with the Council, 
including copies of NMFS' EFH Conservation Recommendations.



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

    Under section 305(b)(3) of the Magnuson-Stevens Act, Councils may 
comment on and make recommendations to the Secretary and any Federal or 
state agency concerning any activity or proposed activity authorized, 
funded, or undertaken by the agency that, in the view of the Council, 
may affect the habitat, including EFH, of a fishery resource under its 
authority. Councils must provide such comments and recommendations 
concerning any activity that, in the view of the Council, is likely to 
substantially affect the habitat, including EFH, of an anadromous 
fishery resource under Council authority.
    (a) Establishment of procedures. Each Council should establish 
procedures for reviewing Federal or state actions that may adversely 
affect the habitat, including EFH, of a species 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 of concern that would 
adversely affect 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.

[[Page 112]]

    (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. Each Council 
should provide NMFS with copies of its comments and recommendations to 
state and Federal agencies.



                  Subpart L--Fishing Capacity Reduction

    Authority: 16 U.S.C. 1861a(b)-(e).

    Source: 65 FR 31443, May 18, 2000, unless otherwise noted.



Sec. 600.1000  Definitions.

    In addition to the definitions in the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and in 
Sec. 600.10 of this title, the terms used in this subpart have the 
following meanings:
    Address of Record means the business address of a person, 
partnership, or corporation. Addresses listed on permits or other NMFS 
records are presumed to be business addresses, unless clearly indicated 
otherwise.
    Bid means the price a vessel owner or reduction fishery permit 
holder requests for reduction of his/her fishing capacity. It is an 
irrevocable offer in response to the invitation to bid in Sec. 600.1009.
    Borrower means, individually and collectively, each post-reduction 
fishing permit holder and/or fishing vessel owner fishing in the 
reduction fishery.
    Business plan means the document containing the information 
specified in Sec. 600.1003(n) and required to be submitted with a 
request for a financed program.
    Business week means a 7-day period, Saturday through Friday.
    Controlling fishery management plan or program (CFMP) means either 
any fishery management plan or any state fishery management plan or 
program, including amendments to the plan or program, pursuant to which 
a fishery is managed.
    Delivery value means:
    (1) For unprocessed fish, all compensation that a fish buyer pays to 
a fish seller in exchange for fee fish; and
    (2) For processed fish, all compensation that a fish buyer would 
have paid to a fish seller in exchange for fee fish if the fee fish had 
been unprocessed fish instead of processed fish.
    Delivery value encompasses fair market value, as defined herein, and 
includes the value of all in-kind compensation or all other goods or 
services exchanged in lieu of cash. It is synonymous with the statutory 
term ``ex-vessel value'' as used in section 312 of the Magnuson Act.
    Deposit principal means all collected fee revenue that a fish buyer 
deposits in a segregated account maintained at a federally insured 
financial institution for the sole purpose of aggregating collected fee 
revenue before sending the fee revenue to NMFS for repaying a reduction 
loan.
    Fair market value means the amount that a buyer pays a seller in an 
arm's length transaction or, alternatively, would pay a seller if the 
transaction were at arm's length.
    Fee means the amount that fish buyers deduct from the delivery value 
under a financed reduction program. The fee is the delivery value times 
the reduction fishery's applicable fee rate under section 600.1013.
    Fee fish means all fish harvested from a reduction fishery involving 
a financed program during the period in which any amount of the 
reduction loan remains unpaid. The term fee fish excludes fish harvested 
incidentally while fishing for fish not included in the reduction 
fishery.
    Final development plan means the document NMFS prepares, under 
Sec. 600.1006(b) and based on the preliminary development plan the 
requester submits, for a subsidized program.
    Financed means funded, in any part, by a reduction loan.
    Fish buyer means the first ex-vessel party who:
    (1) in an arm's--length transaction, purchases fee fish from a fish 
seller;
    (2) takes fish on consignment from a fish seller; or
    (3) otherwise receives fish from a fish seller in a non arm's-length 
transaction.

[[Page 113]]

    Fish delivery means the point at which a fish buyer first purchases 
fee fish or takes possession of fee fish from a fish seller.
    Fishing capacity reduction specifications means the minimum amount 
of fishing capacity reduction and the maximum amount of reduction loan 
principal specified in a business plan.
    Fish seller means the party who harvests and first sells or 
otherwise delivers fee fish to a fish buyer.
    Fishery Management Plan (FMP) means any Federal fishery management 
plan, including amendments to the plan, that the Secretary of Commerce 
approves or adopts pursuant to section 303 of the Magnuson-Stevens Act.
    Fund means the Fishing Capacity Reduction Fund, and each subaccount 
for each program, established in the U.S. Treasury for the deposit into, 
and disbursement from, all funds, including all reduction loan capital 
and all fee revenue, involving each program.
    Implementation plan means the plan in Sec. 600.1008 for carrying out 
each program.
    Implementation regulations mean the regulations in Sec. 600.1008 for 
carrying out each program.
    Net delivery value means the delivery value minus the fee.
    Post-bidding referendum means a referendum that follows bidding 
under Sec. 600.1009.
    Post-reduction means after a program reduces fishing capacity in a 
reduction fishery.
    Pre-bidding referendum means a referendum that occurs at any time 
after a request for a financed program but before a proposal under 
Sec. 600.1008 of a implementation plan and implementation regulations.
    Preliminary development plan means the document specified in 
Sec. 600.1005(g) and required to be submitted with a request for a 
subsidized program.
    Processed fish means fish in any form different from the form in 
which the fish existed at the time the fish was first harvested, unless 
any such difference in form represents, in the reduction fishery 
involved, the standard ex-vessel form upon which fish sellers and fish 
buyers characteristically base the delivery value of unprocessed fish.
    Program means each instance of reduction under this subpart, in each 
reduction fishery--starting with a request and ending, for a financed 
program, with full reduction loan repayment.
    Reduction means the act of reducing fishing capacity under any 
program.
    Reduction amendment means any amendment, or, where appropriate, 
framework adjustment, to a CFMP that may be necessary for a program to 
meet the requirements of this subpart.
    Reduction amendment specifications mean the reduction amendment to a 
CFMP specified in a business plan.
    Reduction contract means the invitation to bid under Sec. 600.1009, 
together with each bidder's irrevocable offer and NMFS' conditional or 
non-conditional acceptance of each such bid under Sec. 600.1009.
    Reduction cost means the total dollar amount of all reduction 
payments to fishing permit owners, fishing vessel owners, or both, in a 
reduction fishery.
    Reduction fishery means the fishery or portion of a fishery to which 
a program applies. The reduction fishery must specify each included 
species, as well as any limitations by gear type, fishing vessel size, 
geographic area, and any other relevant factor(s).
    Reduction loan means a loan, under section 1111 and section 1112 of 
Title XI of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1279f 
and g App.), for financing any portion, or all, of a financed program's 
reduction cost and repayable by a fee under, and in accordance with, 
Sec. 600.1012, Sec. 600.1013, and Sec. 600.1014.
    Reduction payment means the Federal Government's fishing capacity 
reduction payment to a fishing permit owner, fishing vessel owner, or 
both, under a reduction contract. Additionally, it is payment for 
reduction to each bidder whose bid NMFS accepts under Sec. 600.1009. In 
a financed program each reduction payment constitutes a disbursement of 
a reduction loan's proceeds and is for either revoking a fishing permit 
or both revoking a fishing permit and withdrawing a vessel from fishing 
either by scrapping or title restriction.

[[Page 114]]

    Reduction permit means any fishing permit revoked in a program in 
exchange for a reduction payment under a reduction contract.
    Reduction vessel means any fishing vessel withdrawn from fishing 
either by scrapping or title restriction in exchange for a reduction 
payment under a reduction contract.
    Referendum means the voting process under Sec. 600.1010 for 
approving the fee system for repaying a reduction loan.
    Request means a request, under Sec. 600.1001, for a program.
    Requester means a Council for a fishery identified in 
Sec. 600.1001(c), a state governor for a fishery identified in 
Sec. 600.1001(d), or the Secretary for a fishery identified in 
Sec. 600.1001(e).
    Scrap means to completely and permanently reduce a fishing vessel's 
hull, superstructures, and other fixed structural components to 
fragments having value, if any, only as raw materials for reprocessing 
or for other non-fisheries use.
    Subsidized means wholly funded by anything other than a reduction 
loan.
    Treasury percentage means the annual percentage rate at which NMFS 
must pay interest to the U.S. Treasury on any principal amount that NMFS 
borrows from the U.S. Treasury in order to generate the funds with which 
to later disburse a reduction loan's principal amount.
    Unprocessed fish means fish in the same form as the fish existed at 
the time the fish was harvested, unless any difference in form 
represents, in the reduction fishery involved, the standard ex-vessel 
form upon which fish sellers and fish buyers characteristically base the 
delivery value of unprocessed fish.
    Vote means a vote in a referendum.



Sec. 600.1001  Requests.

    (a) A Council or the Governor of a State under whose authority a 
proposed reduction fishery is subject may request that NMFS conduct a 
program in that fishery. Each request shall be in writing and shall be 
submitted to the Director, Office of Sustainable Fisheries, NMFS. Each 
request shall satisfy the requirements of Sec. 600.1003 or 
Sec. 600.1005, as applicable, and enable NMFS to make the determinations 
required by Sec. 600.1004 or Sec. 600.1006, as applicable.
    (b) NMFS cannot conduct a program in any fishery subject to the 
jurisdiction of a Council or a state unless NMFS first receives a 
request from the Council or the governor to whose jurisdiction the 
fishery is subject.
    (c) For a fishery subject to the jurisdiction of a Council, only 
that Council can or must make the request. If the fishery is subject to 
the jurisdiction of two or more Councils, those Councils must make a 
joint request. No Council may make a request, or join in making a 
request, until after the Council conducts a public hearing about the 
request.
    (d) For a fishery subject to the jurisdiction of a State, only the 
Governor of that State can make the request. If the fishery is subject 
to the jurisdiction of two or more states, the Governors of those States 
shall make a joint request. No Governor of a State may make a request, 
or join in making a request, until the State conducts a public hearing 
about the request.
    (e) For a fishery under the direct management authority of the 
Secretary, NMFS may conduct a program on NMFS' own motion by fulfilling 
the requirements of this subpart that reasonably apply to a program not 
initiated by a request.
    (f) Where necessary to accommodate special circumstances in a 
particular fishery, NMFS may waive, as NMFS deems necessary and 
appropriate, compliance with any specific requirements under this 
subpart not required by statute.



Sec. 600.1002  General requirements.

    (a) Each program must be: (1) Necessary to prevent or end 
overfishing, rebuild stocks of fish, or achieve measurable and 
significant improvements in the conservation and management of the 
reduction fishery;
    (2) Accompanied by the appropriate environmental, economic and/or 
socioeconomic analyses, in accordance with applicable statutes, 
regulations, or other authorities; and
    (3) Consistent with the CFMP, including any reduction amendment, for 
the reduction fishery.

[[Page 115]]

    (b) Each CFMP for a reduction fishery must: (1) Prevent the 
replacement of fishing capacity removed by the program through a 
moratorium on new entrants, restrictions on vessel upgrades, and other 
effort control measures, taking into account the full potential fishing 
capacity of the fleet;
    (2) Establish a specified or target total allowable catch or other 
measures that trigger closure of the fishery or adjustments to reduce 
catch; and
    (3) Include, for a financed program in a reduction fishery involving 
only a portion of a fishery, appropriate provisions for the post-
reduction allocation of fish between the reduction fishery and the rest 
of the fishery that both protect the borrower's reduction investment in 
the program and support the borrower's ability to repay the reduction 
loan.



Sec. 600.1003  Content of a request for a financed program.

    A request for a financed program shall:
    (a) Specify the reduction fishery.
    (b) Project the amount of the reduction and specify what a reduction 
of that amount achieves in the reduction fishery.
    (c) Specify whether the program is to be wholly or partially 
financed and, if the latter, specify the amount and describe the 
availability of all funding from sources other than a reduction loan.
    (d) Project the availability of all Federal appropriation authority 
or other funding, if any, that the financed program requires, including 
the time at which funding from each source will be available and how 
that relates to the time at which elements of the reduction process are 
projected to occur.
    (e) Demonstrate how the program meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(a).
    (f) Demonstrate how the CFMP meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(b).
    (g) If a reduction amendment is necessary, include an actual 
reduction amendment or the requester's endorsement in principle of the 
reduction amendment specifications in the business plan. Endorsement in 
principle is non-binding.
    (h) Request that NMFS conduct, at the appropriate time, a referendum 
under Sec. 600.1010 of this subpart.
    (i) List the names and addresses of record of all fishing permit or 
fishing vessel owners who are currently authorized to harvest fish from 
the reduction fishery, excluding those whose authority is limited to 
incidentally harvesting fish from the reduction fishery during directed 
fishing for fish not in the reduction fishery. The list shall be based 
on the best information available to the requester. The list shall take 
into account any limitation by type of fishing gear operated, size of 
fishing vessel operated, geographic area of operation, or other factor 
that the proposed program involves. The list may include any relevant 
information that NMFS may supply to the requester.
    (j) Specify the aggregate total allowable catch in the reduction 
fishery during each of the preceding 5 years and the aggregate portion 
of such catch harvested by the parties listed under paragraph (i) of 
this section.
    (k) Specify the criteria for determining the types and number of 
fishing permits or fishing permits and fishing vessels that are eligible 
for reduction under the program. The criteria shall take into account:
    (1) The characteristics of the fishery;
    (2) Whether the program is limited to a particular gear type within 
the reduction fishery or is otherwise limited by size of fishing vessel 
operated, geographic area of operation, or other factor;
    (3) Whether the program is limited to fishing permits or involves 
both fishing permits and fishing vessels;
    (4) The reduction amendment required;
    (5) The needs of fishing communities;
    (6) Minimizing the program's reduction cost; and
    (7) All other relevant factors.
    (l) Include the requester's assessment of the program's potential 
impact on fisheries other than the reduction fishery, including an 
evaluation of the likely increase in participation or effort in such 
other fisheries, the general economic impact on such other fisheries, 
and recommendations that could

[[Page 116]]

mitigate, or enable such other fisheries to mitigate, any undesirable 
impacts.
    (m) Include any other information or guidance that would assist NMFS 
in developing an implementation plan and implementation regulations.
    (n) Include a business plan, prepared by, or on behalf of, 
knowledgeable and concerned harvesters in the reduction fishery, that:
    (1) Specifies a detailed reduction methodology that accomplishes the 
maximum sustained reduction in the reduction fishery's fishing capacity 
at the least reduction cost and in the minimum period of time, and 
otherwise achieves the program result that the requester specifies under 
paragraph (b) of this section. The methodology shall:
    (i) Establish the appropriate point for NMFS to conduct a pre-
bidding referendum and be sufficiently detailed to enable NMFS to 
readily:
    (A) Design, propose, and adopt a timely and reliable implementation 
plan,
    (B) Propose and issue timely and reliable implementation 
regulations,
    (C) Invite bids,
    (D) Accept or reject bids, and
    (E) Complete a program in accordance with this subpart, and
    (ii) Address, consistently with this subpart:
    (A) The contents and terms of invitations to bid,
    (B) Bidder eligibility,
    (C) The type of information that bidders shall supply,
    (D) The criteria for accepting or rejecting bids,
    (E) The terms of bid acceptances,
    (F) Any referendum procedures in addition to, but consistent with, 
those in Sec. 600.1010, and
    (G) All other technical matters necessary to conduct a program;
    (2) Projects and supports the reduction fishery's annual delivery 
value during the reduction loan's repayment period based on documented 
analysis of actual representative experience for a reasonable number of 
past years in the reduction fishery;
    (3) Includes the fishing capacity reduction specifications upon 
which both the pre-bidding referendum and the bidding under 
Sec. 600.1009 will be based. The reduction loan's maximum principal 
amount cannot, at the interest rate projected to prevail at the time of 
reduction, exceed the principal amount that can be amortized in 20 years 
by 5 percent of the projected delivery value;
    (4) States the reduction loan's repayment term and the fee rate, or 
range of fee rates, prospectively necessary to amortize the reduction 
loan over its repayment term;
    (5) Analyzes and demonstrates the ability to repay the reduction 
loan at the minimum reduction level and at various reduction-level 
increments reasonably greater than the minimum one, based on the:
    (i) Best and most representative historical fishing revenue and 
expense data and any other relevant productivity measures available in 
the reduction fishery, and
    (ii) Projected effect of the program on the post-reduction operating 
economics of typical harvesters in the reduction fishery, with 
particular emphasis on the extent to which the reduction increases the 
ratio of delivery value to fixed cost and improves harvesting's other 
relevant productivity measures;
    (6) Demonstrates how the business plan's proposed program meets, or 
will meet after an appropriate reduction amendment, the requirements in 
Sec. 600.1002(a);
    (7) Demonstrates how the CFMP meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(b);
    (8) Includes, if a reduction amendment is necessary, the reduction 
amendment specifications upon which the pre-bidding referendum will be 
based;
    (9) Includes an assessment of the program's potential impact on 
fisheries other than the reduction fishery, including an evaluation of 
the likely increase in participation or effort in such other fisheries, 
the general economic impact on such other fisheries, and recommendations 
that could mitigate, or enable such other fisheries to mitigate, any 
undesirable impacts;
    (10) Specifies the names and addresses of record of all fish buyers 
who can, after reduction, reasonably be expected to receive deliveries 
of fee fish. This shall be based on the best information

[[Page 117]]

available, including any information that NMFS may be able to supply to 
the business planners;
    (11) Specifies, after full consultation with fish buyers, any 
special circumstances in the reduction fishery that may require the 
implementing regulations to contain provisions in addition to, or 
different from, those contained in Sec. 600.1013 and/or Sec. 600.1014 in 
order to accommodate the circumstances of, and practices in, the 
reduction fishery while still fulfilling the intent and purpose of 
Sec. 600.1013 and/or Sec. 600.1014--including, but not limited to:
    (i) In the case of reduction fisheries in which state data 
confidentiality laws or other impediments may negatively affect the 
efficient and effective conduct of the same, specification of who needs 
to take what action to resolve any such impediments, and
    (ii) In the case of reduction fisheries in which some fish sellers 
sell unprocessed, and other fish sellers sell processed fish to fish 
buyers, specification of an accurate and efficient method of 
establishing the delivery value of processed fish; and
    (12) Demonstrates by a survey of potential voters, or by any other 
convincing means, a substantial degree of potential voter support for 
the business plan and confidence in its feasibility.
    (o) Include the requester's statement of belief that the business 
plan, the CFMP, the reduction amendment specifications, and all other 
request aspects constitute a complete, realistic, and practical prospect 
for successfully completing a program in accordance with this subpart.



Sec. 600.1004  Accepting a request for, and determinations about initiating, a financed program.

    (a) Accepting a request. Once it receives a request, NMFS will 
review any request for a financed program to determine whether the 
request conforms with the requirements of Sec. 600.1003. If the request 
does not conform, NMFS will return the request with guidance on how to 
make the request conform. If the request conforms, NMFS shall accept it 
and publish a notice in the Federal Register requesting public comments 
on the request. Such notice shall state the name and address of record 
of each eligible voter, as well as the basis for having determined the 
eligibility of those voters. This shall constitute notice and 
opportunity to respond about adding eligible voters, deleting ineligible 
voters, and/or correcting any voter's name and address of record. If, in 
NMFS' discretion, the comments received in response to such notice 
warrants it, or other good cause warrants it, NMFS may modify such list 
by publishing another notice in the Federal Register.
    (b) Determination about initiating a financed program. After receipt 
of a conforming request for a financed program, NMFS will, after 
reviewing and responding to any public comments received in response to 
the notice published in the Federal Register under paragraph (a) of this 
section, initiate the program if NMFS determines that:
    (1) The program meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(a);
    (2) The CFMP meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(b);
    (3) The program, if successfully implemented, is cost effective;
    (4) The reduction requested constitutes a realistic and practical 
prospect for successfully completing a program in accordance with this 
subpart and the borrower is capable of repaying the reduction loan. This 
includes enabling NMFS to readily design, propose, and adopt a timely 
and reliable implementation plan as well as propose and issue timely and 
reliable implementation regulations and otherwise complete the program 
in accordance with this subpart; and
    (5) The program accords with all other applicable law.



Sec. 600.1005  Content of a request for a subsidized program.

    A request for a subsidized program shall:
    (a) Specify the reduction fishery.
    (b) Project the amount of the reduction and specify what a reduction 
of that amount achieves in the reduction fishery.
    (c) Project the reduction cost, the amount of reduction cost to be 
funded by Federal appropriations, and the

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amount, if any, to be funded by other sources.
    (d) Project the availability of Federal appropriations or other 
funding, if any, that completion of the program requires, including the 
time at which funding from each source will be available and how that 
relates to the time at which elements of the reduction process are 
projected to occur.
    (e) List the names and addresses of record of all fishing permit or 
fishing vessel owners who are currently authorized to harvest fish from 
the reduction fishery, excluding those whose authority is limited to 
incidentally harvesting fish from the reduction fishery during directed 
fishing for fish not in the reduction fishery. The list shall be based 
on the best information available to the requester, including any 
information that NMFS may supply to the requester, and take into account 
any limitation by type of fishing gear operated, size of fishing vessel 
operated, geographic area of operation, or other factor that the 
proposed program involves.
    (f) Specify the aggregate total allowable catch in the reduction 
fishery during each of the preceding 5 years and the aggregate portion 
of such catch harvested by the parties listed under paragraph (e) of 
this section.
    (g) Include a preliminary development plan that: (1) Specifies a 
detailed reduction methodology that accomplishes the maximum sustained 
reduction in the reduction fishery's fishing capacity at the least cost 
and in a minimum period of time, and otherwise achieves the program 
result that the requester specifies under paragraph (b) of this section. 
The methodology shall:
    (i) Be sufficiently detailed to enable NMFS to prepare a final 
development plan to serve as the basis for NMFS to readily design, 
propose, and adopt a timely and reliable implementation plan and propose 
and issue timely and reliable implementation regulations, and
    (ii) Include:
    (A) The contents and terms of invitations to bid,
    (B) Eligible bidders,
    (C) The type of information that bidders shall supply,
    (D) The criteria for accepting or rejecting bids, and
    (E) The terms of bid acceptances;
    (2) Specifies the criteria for determining the types and numbers of 
fishing permits or fishing permits and fishing vessels that are eligible 
for reduction under the program. The criteria shall take into account:
    (i) The characteristics of the fishery,
    (ii) Whether the program is limited to a particular gear type within 
the reduction fishery, or is otherwise limited by size of fishing vessel 
operated, geographic area of operation, or other factor,
    (iii) Whether the program is limited to fishing permits or involves 
both fishing permits and fishing vessels,
    (iv) The reduction amendment required,
    (v) The needs of fishing communities, and
    (vi) The need to minimize the program's reduction cost; and
    (3) Demonstrates the program's cost effectiveness.
    (h) Demonstrate how the program meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(a).
    (i) Demonstrate how the CFMP meets, or will meet after an 
appropriate reduction amendment, the requirements in Sec. 600.1002(b)(1) 
and (2).
    (j) Specify any other information or guidance that assists NMFS in 
preparing a final development plan and a proposed implementation plan 
and proposed implementation regulations.
    (k) Include the requester's statement of belief that the program 
constitutes a reasonably realistic and practical prospect for 
successfully completing a program in accordance with this subpart.



Sec. 600.1006  Accepting a request for, and determinations about conducting, a subsidized program.

    (a) Accepting a request. NMFS will review any request for a 
subsidized program submitted to NMFS to determine whether the request 
conforms with the requirements of Sec. 600.1005. If the request does not 
conform, NMFS will return it with guidance on how to make the request 
conform. If the request conforms,

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NMFS shall accept it and publish a notice in the Federal Register 
requesting public comments about the request.
    (b) Final development plan. After receipt of a conforming request, 
NMFS will prepare a final development plan if NMFS determines that the 
reduction requested constitutes a realistic and practical prospect for 
successfully completing a program in accordance with this subpart. This 
includes enabling NMFS to readily design, propose, and adopt a timely 
and reliable implementation plan as well as propose and issue timely and 
reliable implementation regulations and otherwise complete the program 
in accordance with this subpart. NMFS will, as far as possible, base the 
final development plan on the requester's preliminary development plan. 
Before completing the final development plan, NMFS will consult, as NMFS 
deems necessary, with the requester, Federal agencies, state and 
regional authorities, affected fishing communities, participants in the 
reduction fishery, conservation organizations, and other interested 
parties in preparing the final development plan.
    (c) Reaffirmation of the request. After completing the final 
development plan, NMFS will submit the plan to the requester for the 
requester's reaffirmation of the request. Based on the final development 
plan, the reaffirmation shall: (1) Certify that the final development 
plan meets, or will meet after an appropriate reduction amendment, the 
requirements in Sec. 600.1002(a);
    (2) Certify that the CFMP meets, or will meet after an appropriate 
reduction amendment, the requirements in Sec. 600.1002(b)(1) and (2); 
and
    (3) Project the date on which the requester will forward any 
necessary reduction amendment and, if the requester is a Council, 
proposed regulations to implement the reduction amendment. The requester 
shall base any necessary reduction amendment on the final development 
plan.
    (d) Determinations about conducting a subsidized program. After 
NMFS' receipt of the requester's reaffirmation, any required reduction 
amendment, and any proposed regulations required to implement the 
amendment, NMFS will initiate the program if NMFS determines that:
    (1) The program meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(a);
    (2) The CFMP meets, or will meet after an appropriate reduction 
amendment, the requirements in Sec. 600.1002(b)(1) and (2); and
    (3) The program is reasonably capable of being successfully 
implemented;
    (4) The program, if successfully implemented, will be cost 
effective; and
    (5) The program is in accord with all other applicable provisions of 
the Magnuson-Stevens Act and this subpart.



Sec. 600.1007  Reduction amendments.

    (a) Each reduction amendment may contain provisions that are either 
dependent upon or independent of a program. Each provision of a 
reduction amendment is a dependent provision unless the amendment 
expressly designates the provision as independent.
    (b) Independent provisions are effective without regard to any 
subsequent program actions.
    (c) Dependent provisions are initially effective for the sole 
limited purpose of enabling initiation and completion of the pre-
reduction processing stage of a program.
    (d) All dependent provisions of a reduction amendment for a financed 
program are fully in force and effect for all other purposes only when 
NMFS either:
    (1) For bidding results that conform to the fishing capacity 
reduction specifications and are not subject to any other condition, 
notifies bidders, under Sec. 600.1009(e)(3), that reduction contracts 
then exist between the bidders and the United States; or
    (2) For bidding results that do not conform to the fishing capacity 
reduction specifications or are subject to any other condition, notifies 
bidders whose bids NMFS had conditionally accepted, under Sec. 600.1010 
(d)(8)(iii), that the condition pertaining to the reduction contracts 
between them and the United States is fulfilled.
    (e) If NMFS does not, in accordance with this subpart and any 
special provisions in the implementation regulations, subsequently make 
all reduction payments that circumstances, in NMFS' judgment, reasonably 
permit NMFS to make and, thus, complete a

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program, no dependent provisions shall then have any further force or 
effect for any purpose and all final regulations involving such 
dependent provisions shall then be repealed.



Sec. 600.1008  Implementation plan and implementation regulations.

    (a) As soon as practicable after deciding to initiate a program, 
NMFS will prepare and publish, for a 60-day public comment period, a 
proposed implementation plan and implementation regulations. During the 
public comment period, NMFS will conduct a public hearing of the 
proposed implementation plan and implementation regulations in each 
state that the program affects.
    (b) To the greatest extent practicable, NMFS will base the 
implementation plan and implementation regulations for a financed 
program on the business plan. The implementation plan for a financed 
program will describe in detail all relevant aspects of implementing the 
program, including:
    (1) The reduction fishery;
    (2) The reduction methodology;
    (3) The maximum reduction cost;
    (4) The maximum reduction loan amount, if different from the maximum 
reduction cost;
    (5) The reduction cost funding, if any, other than a reduction loan;
    (6) The minimum acceptable reduction level;
    (7) The potential amount of the fee;
    (8) The criteria for determining the types and number of fishing 
permits or fishing permits and fishing vessels eligible to participate 
in the program;
    (9) The invitation to bid and bidding procedures;
    (10) The criteria for determining bid acceptance;
    (11) The referendum procedures; and
    (12) Any relevant post-referendum reduction procedures other than 
those in the implementation regulations or this subpart.
    (c) NMFS will base each implementation plan and implementation 
regulations for a subsidized program on the final development plan. The 
implementation plan will describe in detail all relevant aspects of 
implementing the program, including:
    (1) The reduction fishery;
    (2) The reduction methodology;
    (3) The maximum reduction cost;
    (4) The reduction-cost funding, if any, other than Federal 
appropriations;
    (5) The criteria for determining the types and number of fishing 
permits or fishing permits and fishing vessels eligible to participate 
in the program;
    (6) The invitation to bid and bidding procedures;
    (7) The criteria for determining bid acceptance; and
    (8) Any relevant post-bidding program procedures other than those in 
the implementation regulations or this subpart.
    (d) The implementation regulations will:
    (1) Specify, for invitations to bid, bids, and reduction contracts 
under Sec. 600.1009:
    (i) Bidder eligibility,
    (ii) Bid submission requirements and procedures,
    (iii) A bid opening date, before which a bidder may not bid, and a 
bid closing date, after which a bidder may not bid,
    (iv) A bid expiration date after which the irrevocable offer 
contained in each bid expires unless NMFS, before that date, accepts the 
bid by mailing a written acceptance notice to the bidder at the bidder's 
address of record,
    (v) The manner of bid submission and the information each bidder 
shall supply for NMFS to deem a bid responsive,
    (vi) The conditions under which NMFS will accept or reject a bid,
    (vii) The manner in which NMFS will accept or reject a bid, and
    (viii) The manner in which NMFS will notify each bidder of bid 
acceptance or rejection;
    (2) Specify any other special referendum procedures or criteria; and
    (3) Specify such other provisions, in addition to and consistent 
with those in this subpart, necessary to regulate the individual terms 
and conditions of each program and reduction loan. This includes, but is 
not limited to:
    (i) Provisions for the payment of costs and penalties for non-
payment, non-collection, non-deposit, and/or non-disbursement of the fee 
in accordance with Sec. 600.1013 and Sec. 600.1014,
    (ii) Prospective fee rate determinations, and

[[Page 121]]

    (iii) Any other aspect of fee payment, collection, deposit, 
disbursement, accounting, record keeping, and/or reporting.
    (e) NMFS will issue final implementation regulations and adopt a 
final implementation plan within 45 days of the close of the public-
comment period.
    (f) NMFS may repeal the final implementation regulations for any 
program if:
    (1) For a financed program, the bidding results do not conform to 
the fishing capacity reduction specifications or a post-bidding 
referendum does not subsequently approve an industry fee system based on 
the bidding results;
    (2) For a subsidized program, NMFS does not accept bids; and
    (3) For either a financed program or a subsidized program, if NMFS 
is unable to make all reduction payments due to a material adverse 
change.



Sec. 600.1009  Bids.

    (a) Each invitation to bid, bid, bid acceptance, reduction contract, 
and bidder--or any other party in any way affected by any of the 
foregoing--under this subpart is subject to the terms and conditions in 
this section:
    (1) Each invitation to bid constitutes the entire terms and 
conditions of a reduction contract under which:
    (i) Each bidder makes an irrevocable offer to the United States of 
fishing capacity for reduction, and
    (ii) NMFS accepts or rejects, on behalf of the United States, each 
bidder's offer;
    (2) NMFS may, at any time before the bid expiration date, accept or 
reject any or all bids;
    (3) For a financed program in which bidding results do not conform 
to the fishing capacity reduction specifications, NMFS' acceptance of 
any bid is subject to the condition that the industry fee system 
necessary to repay the reduction loan is subsequently approved by a 
successful post-bidding referendum conducted under Sec. 600.1010. 
Approval or disapproval of the industry fee system by post-bidding 
referendum is an event that neither the United States nor the bidders 
can control. Disapproval of the industry fee system by an unsuccessful 
post-bidding referendum fully excuses both parties from any performance 
and fully discharges all duties under any reduction contract;
    (4) For a financed program in one reduction fishery that is being 
conducted under appropriate implementation regulations simultaneously 
with another financed program in another reduction fishery, where the 
acceptance of bids for each financed program is conditional upon 
successful post-bidding referenda approving industry fee systems for 
both financed programs, NMFS' acceptance of all bids is, in addition to 
any condition under paragraph (a)(3) of this section, also subject to 
the additional conditions that both referenda approve the industry fee 
systems required for both financed programs--all as otherwise provided 
in paragraph (a)(3) of this section;
    (5) Upon NMFS' acceptance of the bid and tender of a reduction 
payment, the bidder consents to:
    (i) The revocation, by NMFS, of any reduction permit, and
    (ii) Where the program also involves the withdrawal of reduction 
vessels from fishing:
    (A) Title restrictions imposed by the U.S. Coast Guard on any 
reduction vessel that is federally documented to forever prohibit and 
effectively prevent any future use of the reduction vessel for fishing 
in any area subject to the jurisdiction of the United States or any 
state, territory, commonwealth, or possession of the United States, or
    (B) Where reduction vessel scrapping is involved and the reduction 
vessel's owner does not comply with the owner's obligation under the 
reduction contract to scrap the reduction vessel, take such measures as 
necessary to cause the reduction vessel's prompt scrapping. The 
scrapping will be at the reduction vessel owner's risk and expense. Upon 
completion of scrapping, NMFS will take such action as may be necessary 
to recover from the reduction vessel owner any cost or expense NMFS 
incurred in causing the reduction vessel to be scrapped and any other 
damages NMFS may have incurred and such owner shall be liable to the 
United States for such cost, expenses, and damages;
    (6) Money damages not being an adequate remedy for a bidder's breach 
of a

[[Page 122]]

reduction contract, the United States is, in all particulars, entitled 
to specific performance of each reduction contract. This includes, but 
is not limited to, the scrapping of a reduction vessel;
    (7) Any reduction payment is available, upon timely and adequately 
documented notice to NMFS, to satisfy liens, as allowed by law, against 
any reduction permit/and or reduction vessel; provided, however, that:
    (i) No reduction payment to any bidder either relieves the bidder of 
responsibility to discharge the obligation which gives rise to any lien 
or relieves any lien holder of responsibility to protect the lien 
holder's interest,
    (ii) No reduction payment in any way gives rise to any
    liability of the United States for the obligation underlying any 
lien,
    (iii) No lien holder has any right or standing, not otherwise 
provided by law, against the United States in connection with the 
revocation of any reduction permit or the title restriction or scrapping 
of any reduction vessel under this subpart, and
    (iv) This subpart does not provide any lien holder with any right or 
standing to seek to set aside any revocation of any reduction permit or 
the title restriction or scrapping of any reduction vessel for which the 
United States made, or has agreed to make, any reduction payment. A lien 
holder is limited to recovery against the holder of the reduction permit 
or the owner of the reduction vessel as otherwise provided by law; and
    (8) Each invitation to bid may specify such other terms and 
conditions as NMFS believes necessary to enforce specific performance of 
each reduction contract or otherwise to ensure completing each program. 
This includes, but is not limited to, each bidder's certification, 
subject to the penalties in Sec. 600.1017, of the bidder's full 
authority to submit each bid and to dispose of the property involved in 
the bid in the manner contemplated by each invitation to bid.
    (b) NMFS will not invite bids for any program until NMFS determines 
that:
    (1) Any necessary reduction amendment is fully and finally approved 
and all provisions except those dependent on the completion of reduction 
are implemented;
    (2) The final implementation plan is adopted and the final 
implementation regulations are issued;
    (3) All required program funding is approved and in place, including 
all Federal appropriation and apportionment authority;
    (4) Any reduction loan involved is fully approved;
    (5) Any non-Federal funding involved is fully available at the 
required time for NMFS disbursement as reduction payments; and
    (6) All other actions necessary to disburse reduction payments, 
except for matters involving bidding and post-bidding referenda, are 
completed.
    (c) After making the affirmative determinations required under 
paragraph (b) of this section, NMFS will publish a Federal Register 
notice inviting eligible bidders to offer to the United States, under 
this subpart, fishing capacity for reduction.
    (d) NMFS may extend a bid closing date and/or a bid expiration date 
for a reasonable period. NMFS may also issue serial invitations to bid 
if the result of previous bidding, in NMFS' judgment, warrant this.
    (e) After the bid expiration date, NMFS will:
    (1) Analyze responsive bids;
    (2) Determine which bids, if any, NMFS accepts; and
    (3) Notify, by U.S. mail at each bidder's address of
    record, those bidders whose bids NMFS accepts that a reduction 
contract now exists between them and the United States--subject, where 
appropriate, to the conditions provided for elsewhere in this subpart.
    (f) NMFS will keep confidential the identity of all bidders whose 
bids NMFS does not accept. In financed programs where bidding results do 
not conform to the fishing capacity reduction specifications, NMFS also 
will keep confidential the identity of all bidders whose bids NMFS does 
accept until after completing a successful post-bidding referendum under 
Sec. 600.1010.

[[Page 123]]



Sec. 600.1010  Referenda.

    (a) Referendum success. A referendum is successful if at least two-
thirds of the ballots that qualify to be counted as referendum votes 
under subparagraph (d)(6) of this section are cast in favor of an 
industry fee system.
    (b) Pre-bidding referendum--(1) Initial referendum. An initial pre-
bidding referendum shall be conducted for each financed program. The 
business plan shall, subject to this subpart, determine the 
chronological relationship of the initial pre-bidding referendum to 
other pre-bidding aspects of the reduction process sequence. The initial 
pre-bidding referendum shall be based on the fishing capacity reduction 
specifications. If the initial pre-bidding referendum precedes the 
adoption of any necessary reduction amendment, the initial pre-bidding 
referendum shall also be based on the reduction amendment 
specifications. If the initial pre-bidding referendum follows the 
adoption of any necessary reduction amendment, the initial pre-bidding 
referendum shall also be based on the adopted reduction amendment;
    (2) Successful initial pre-bidding referendum. If the initial pre-
bidding referendum is successful, the reduction process will proceed as 
follows:
    (i) If the initial pre-bidding referendum follows reduction 
amendment adoption, no second pre-bidding referendum shall be conducted,
    (ii) If the initial pre-bidding referendum precedes reduction 
amendment adoption, a second pre-bidding referendum shall be conducted 
if, in NMFS' judgment, the reduction amendment subsequently adopted 
differs, in any respect materially affecting the borrower's reduction 
investment in the program and the borrower's ability to repay the 
reduction loan, from the reduction amendment specifications upon which 
the initial pre-bidding referendum successfully occurred. The sole 
purpose of any second pre-bidding referendum shall be to determine 
whether the voters authorize an industry fee system despite any such 
difference between the reduction amendment specifications and a 
subsequently adopted reduction amendment.
    (3) Unsuccessful initial pre-bidding referendum. If the initial pre-
bidding referendum is unsuccessful, the reduction process will either 
cease or NMFS may suspend the process pending an appropriate amendment 
of the business plan and the request.
    (c) Post-bidding referendum. A post-bidding referendum shall occur 
only if, in NMFS' judgment, the result of bidding under Sec. 600.1009 
does not conform, in any material respect, to the fishing capacity 
reduction specifications and such result justifies, in NMFS' judgment, 
conducting a post-bidding referendum. Bidding that results in reducing 
fishing capacity in any amount not less than the minimum fishing 
capacity reduction amount for any reduction loan amount not more than 
the maximum reduction loan amount, and otherwise achieves all material 
requirements of the fishing capacity reduction specifications, shall 
conform to the fishing capacity reduction specifications. The sole 
purpose of any post-bidding referendum shall be to determine whether 
voters authorize an industry fee system for bidding that results in 
reducing fishing capacity in any amount materially less than the minimum 
amount in the fishing capacity reduction specifications.
    (d) NMFS will conduct referenda in accordance with the following: 
(1) Eligible voters. The parties eligible to vote in each referendum are 
the parties whose names are listed as being eligible to vote in the 
notice published in the Federal Register under Sec. 600.1004(a);
    (2) Ballot issuance. NMFS will mail, by U.S. certified mail, return 
receipt requested, a ballot to each eligible voter. Each ballot will 
bear a randomly derived, 5-digit number assigned to each eligible voter. 
Each ballot will contain a place for the voter to vote for or against 
the proposed industry fee system and a place, adjacent to the 5-digit 
number, for the signature of the fishing permit or fishing vessel owner 
to whom the ballot is addressed or, if the fishing permit or fishing 
vessel owner is an organization, the person having authority to vote and 
cast the ballot on the organization's behalf. Each ballot will contain a 
place for the person signing the ballot to print his or her name. NMFS 
will enclose with each ballot a specially-marked, postage-

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paid, pre-addressed envelope that each voter shall use to return the 
ballot to NMFS;
    (3) Voter certification. Each ballot will contain a certification, 
subject to the penalties set forth in Sec. 600.1017, that the person 
signing the ballot is the fishing permit or fishing vessel owner to whom 
the ballot is addressed or, if the fishing permit or fishing vessel 
owner is an organization, the person having authority to vote and cast 
the ballot on the organization's behalf;
    (4) Information included on a ballot. Each ballot mailing will:
    (i) Summarize the referendum's nature and purpose,
    (ii) Specify the date by which NMFS must receive a ballot in order 
for the ballot to be counted as a qualified vote,
    (iii) Identify the place on the ballot for the voter to vote for or 
against the proposed industry fee system, the place on the ballot where 
the voter shall sign the ballot, and the purpose of the return envelope,
    (iv) For each pre-bidding referendum, state:
    (A) The fishing capacity reduction specifications,
    (B) The reduction loan's repayment term, and
    (C) The fee rate, or range of fee rates, prospectively necessary to 
amortize the reduction loan over the loan's term,
    (v) For each initial pre-bidding referendum that precedes reduction 
amendment adoption, state the reduction amendment specifications,
    (vi) For each initial pre-bidding referendum that follows reduction 
amendment adoption, summarize the material aspects of the reduction 
amendment adopted,
    (vii) For each second pre-bidding referendum, summarize how the 
adopted reduction amendment materially differs from the reduction 
amendment specifications upon which a successful initial pre-bidding 
referendum occurred and how this material difference affects the 
borrower's reduction investment in the program and the borrower's 
ability to repay the reduction loan,
    (viii) For each post-bidding referendum, specify the actual bidding 
results that do not conform to the fishing capacity reduction 
specifications, and
    (ix) State or include whatever else NMFS deems appropriate;
    (5) Enclosures to accompany a ballot. Each ballot mailing will 
include:
    (i) A specially-marked, postage-paid, and pre-addressed envelope 
that a voter must use to return the original of a ballot to NMFS by 
whatever means of delivery the voter chooses, and
    (ii) Such other materials as NMFS deems appropriate;
    (6) Vote qualification. A completed ballot qualifies to be counted 
as a vote if the ballot:
    (i) Is physically received by NMFS on or before the last day NMFS 
specifies for receipt of the ballot,
    (ii) Is cast for or against the proposed industry fee system,
    (iii) Is signed by the voter,
    (iv) Is the original ballot NMFS sent to the voter bearing the same 
5-digit number that NMFS assigned to the voter, and
    (v) Was returned to NMFS in the specially-marked envelope that NMFS 
provided for the ballot's return;
    (6) Vote tally and notification. NMFS will:
    (i) Tally all ballots qualified to be counted as referendum votes,
    (ii) Notify, by U.S. mail at the address of record, all eligible 
voters who received ballots of:
    (A) The number of potential voters,
    (B) The number of actual voters who returned a ballot,
    (C) The number of returned ballots that qualified to be counted as 
referendum votes,
    (D) The number of votes for and the number of votes against the 
industry fee system, and
    (E) Whether the referendum was successful and approved the industry 
fee system or unsuccessful and disapproved the industry fee system, and
    (iii) If a successful referendum is a post-bidding referendum, NMFS 
will, at the same time and in the same manner, also notify the bidders 
whose bids were conditionally accepted that the condition pertaining to 
the reduction contracts between them and the United States is fulfilled;
    (7) Conclusiveness of referendum determinations. NMFS' 
determinations about

[[Page 125]]

ballot qualifications and about all other referendum matters, including, 
but not limited to, eligible voters and their addresses of record, are 
conclusive and final as of the date NMFS makes such determinations. No 
matter respecting such determinations shall impair, invalidate, avoid, 
or otherwise render unenforceable any referendum, reduction contract, 
reduction loan, or fee payment and collection obligation under 
Sec. 600.1013 and Sec. 600.1014 necessary to repay any reduction loan;
    (8) Ballot confidentiality. NMFS will not voluntarily release the 
name of any party who voted. NMFS will restrict the availability of all 
voter information to the maximum extent allowed by law; and
    (9) Conclusive authorization of industry fee system. Each successful 
referendum conclusively authorizes NMFS' imposition of an industry fee 
system--including the fee payment, collection, and other provisions 
regarding fee payment and collection under Sec. 600.1013 and 
Sec. 600.1014--to repay the reduction loan for each financed program 
that NMFS conducts under this subpart.



Sec. 600.1011  Reduction methods and other conditions.

    (a) Reduction permits or reduction permits and reduction vessels. 
Each program may involve either the surrender and revocation of 
reduction permits or both the surrender and revocation of reduction 
permits and the withdrawal from fishing either by title restriction or 
by scrapping of reduction vessels. No financed program may, however, 
require such title restriction or scrapping of reduction vessels unless 
the business plan voluntarily includes the same.
    (b) Reduction permit revocation and surrender. Each reduction permit 
is, upon NMFS' tender of the reduction payment for the reduction permit, 
forever revoked. Each reduction permit holder shall, upon NMFS' tender 
of the reduction payment, surrender the original reduction permit to 
NMFS. The reduction permit holder, upon NMFS' tender of the reduction 
payment, forever relinquishes any claim associated with the reduction 
permit and with the fishing vessel that was used to harvest fishery 
resources under the reduction permit that could qualify the reduction 
permit holder or the fishing vessel owner for any present or future 
limited access system fishing permit in the reduction fishery.
    (c) Reduction vessel title restriction or scrapping. For each 
program that involves reduction vessel title restriction or scrapping:
    (1) Each reduction vessel that is subject to title restriction only 
and is thus not required to be scrapped, is, upon NMFS' tender of the 
reduction payment, forever prohibited from any future use for fishing in 
any area subject to the jurisdiction of the United States or any State, 
territory, possession, or commonwealth of the United States. NMFS will 
request that the U.S. Coast Guard permanently restrict each such 
reduction vessel's title to exclude the reduction vessel's future use 
for fishing in any such area;
    (2) Each reduction vessel owner whose reduction vessel is required 
to be scrapped shall, upon NMFS' tender of the reduction payment, 
immediately cease all further use of the reduction vessel and arrange, 
without delay and at the reduction vessel owner's expense, to scrap the 
reduction vessel to NMFS' satisfaction, including adequate provision for 
NMFS to document the physical act of scrapping; and
    (3) Each reduction vessel owner, upon NMFS' tender of the reduction 
payment, forever relinquishes any claim associated with the reduction 
vessel and with the reduction permit that could qualify the reduction 
vessel owner or the reduction permit holder for any present or future 
limited access system fishing permit in the reduction fishery.
    (d) Fishing permits in a non-reduction fishery. A financed program 
that does not involve the withdrawal from fishing or scrapping of 
reduction vessels may not require any holder of a reduction permit in a 
reduction fishery to surrender any fishing permit in any non-reduction 
fishery or restrict or revoke any fishing permit other than a reduction 
permit in the reduction fishery, except those fishing permits 
authorizing the incidental harvesting of species in any non-reduction 
fishery during, and as a consequence of, directed fishing for species in 
the reduction fishery.

[[Page 126]]

    (e) Reduction vessels disposition. Where a business plan requires 
the withdrawal from fishing of reduction vessels as well as the 
revocation of reduction permits: (1) Each reduction vessel that is not 
documented under Federal law must in every case always be scrapped, 
without regard to whether a program is a financed program or a 
subsidized program;
    (2) No financed program may require any disposition of a reduction 
vessel documented under Federal law other than the title restriction in 
paragraph (b) of this section unless the business plan volunteers to do 
otherwise; and
    (3) Any subsidized program may require the scrapping of reduction 
vessels documented under Federal law.
    (f) Reduction payments. NMFS will disburse all reduction payments in 
the amount and in the manner prescribed in reduction contracts, except 
reduction payments that a bidder's reduction-contract nonperformance 
prevents NMFS from disbursing. In financed programs, the reduction 
loan's principal amount is the total amount of all reduction payments 
that NMFS disburses from the proceeds of a reduction loan. Any reduction 
payment that NMFS, because of a bidder's reduction-contract 
nonperformance, disburses but subsequently recovers, shall reduce the 
principal amount of the reduction loan accordingly.
    (g) Effect of reduction-contract nonperformance. No referendum, no 
reduction contract, no reduction loan, and no fee payment and collection 
obligation under Sec. 600.1013 and Sec. 600.1014 necessary to repay any 
reduction loan, shall be impaired, invalidated, avoided, or otherwise 
rendered unenforceable by virtue of any reduction contract's 
nonperformance. This is without regard to the cause of, or reason for, 
nonperformance. NMFS shall endeavor to enforce the specific performance 
of all reduction contracts, but NMFS' inability, for any reason, to 
enforce specific performance for any portion of such reduction contracts 
shall not relieve fish sellers of their obligation to pay, and fish 
buyers of their obligation to collect, the fee necessary to fully repay 
the full reduction loan balance that results from all reduction payments 
that NMFS actually makes and does not recover.
    (h) Program completion. Other than the payment and collection of the 
fee that repays a reduction loan and any other residual matters 
regarding reduction payments and the disposition of reduction permits 
and reduction vessels, a program shall be completed when NMFS tenders or 
makes all reduction payments under all reduction contracts that 
circumstances, in NMFS' judgment, reasonably permit NMFS to make.



Sec. 600.1012  Reduction loan.

    (a) Obligation. The borrower shall be obligated to repay a reduction 
loan. The borrower's obligation to repay a reduction loan shall be 
discharged by fish sellers paying a fee in accordance with 
Sec. 600.1013. Fish buyers shall be obligated to collect the fee in 
accordance with Sec. 600.1013 and to deposit and disburse the fee 
revenue in accordance with Sec. 600.1014.
    (b) Principal amount, interest rate, repayment term, and penalties 
for non-payment or non-collection. The reduction loan shall be:
    (1) In a principal amount that shall be determined by subsequent 
program events under this subpart, but which shall not exceed the 
maximum principal amount in the fishing capacity reduction 
specifications;
    (2) At an annual rate, that shall be determined by subsequent 
events, of simple interest on the reduction loan's principal balance 
that shall equal 2 percent plus the Treasury percentage;
    (3) Repayable over the repayment term specified in the business plan 
or otherwise determined by subsequent events; and
    (4) Subject to such provisions as implementation regulations shall 
specify for the payment of costs and penalties for non-payment, non-
collection, non-deposit, and/or non-disbursement in accordance with 
Sec. 600.1013 and Sec. 600.1014.
    (c) Effect of prospective interest rate. Any difference between a 
prospective interest rate projected, for the purpose of any aspect of 
reduction planning or processing under this subpart, before the U.S. 
Treasury determines the Treasury percentage and an interest

[[Page 127]]

rate first known after the U.S. Treasury determines the Treasury 
percentage shall not void, invalidate, or otherwise impair any reduction 
contract, any reduction loan repayment obligation, or any other aspect 
of the reduction process under this subpart. Should any such difference 
result in a reduction loan that cannot, at the maximum fee rate allowed 
by law, be repaid, as previously projected, within the maximum maturity, 
any amount of the reduction loan remaining unpaid at maturity shall be 
repaid after maturity by continuing fee payment and collection under 
this subpart at such maximum fee rate until the reduction loan's unpaid 
principal balance and accrued interest is fully repaid. The above 
notwithstanding, at the discretion of the Secretary, the reduction 
contract can be voided if a material adverse change affects the 
reduction contract, reduction loan obligation, or any other aspect of 
the reduction process under this subpart.



Sec. 600.1013  Fee payment and collection.

    (a) Amount. The fee amount is the delivery value times the fee rate.
    (b) Rate. NMFS will establish the fee rate. The fee rate may not 
exceed 5 percent of the delivery value. NMFS will establish the initial 
fee rate by calculating the fee revenue annually required to amortize a 
reduction loan over the reduction loan's term, projecting the annual 
delivery value, and expressing such fee revenue as a percentage of such 
delivery value. Before each anniversary of the initial fee rate 
determination, NMFS will recalculate the fee rate reasonably required to 
ensure reduction loan repayment. This will include any changed delivery 
value projections and any adjustment required to correct for previous 
delivery values higher or lower than projected.
    (c) Payment and collection. (1) The full fee is due and payable at 
the time of fish delivery. Each fish buyer shall collect the fee at the 
time of fish delivery by deducting the fee from the delivery value 
before paying, or promising to pay, the net delivery value. Each fish 
seller shall pay the fee at the time of fish delivery by receiving from 
the fish buyer the net delivery value, or the fish buyer's promise to 
pay the net delivery value, rather than the delivery value. Regardless 
of when the fish buyer pays the net delivery value, the fish buyer shall 
collect the fee at the time of fish delivery;
    (2) In the event of any post-delivery payment for fee fish-- 
including, but not limited to bonuses--whose amount depends on 
conditions that cannot be known until after fish delivery, that either 
first determines the delivery value or later increases the previous 
delivery value, the fish seller shall pay, and the fish buyer shall 
collect, at the time the amount of such post-delivery payment first 
becomes known, the fee that would otherwise have been due and payable as 
if the amount of the post-delivery payment had been known, and as if the 
post-delivery payment had consequently occurred, at the time of initial 
fish delivery;
    (3)(i) Each fish seller shall be deemed to be, for the purpose of 
the fee collection, deposit, disbursement, and accounting requirements 
of this subpart, both the fish seller and the fish buyer, and shall be 
responsible for all requirements and liable for any penalties under this 
subpart applicable to fish sellers and/or fish buyers, each time that a 
fish seller sells fee fish to:
    (A) Any party whose place of business is not located in the United 
States, who does not take delivery or possession of the fee fish in the 
United States, who is not otherwise subject to this subpart, or to whom 
or against whom NMFS cannot otherwise apply or enforce this subpart,
    (B) Any party who is a general food-service wholesaler or supplier, 
a restaurant, a retailer, a consumer, some other type of end-user, or 
some other party not engaged in the business of buying fish from fish 
sellers for the purpose of reselling the fish, either with or without 
processing the fish, or
    (C) Any other party who the fish seller has good reason to believe 
is a party not subject to this subpart or to whom or against whom NMFS 
cannot otherwise apply or enforce this subpart,
    (ii) In each such case the fish seller shall, with respect to the 
fee fish involved in each such case, discharge, in

[[Page 128]]

addition to the fee payment requirements of this subpart, all the fee 
collection, deposit, disbursement, accounting, record keeping, and 
reporting requirements that this subpart otherwise imposes on the fish 
buyer, and the fish seller shall be subject to all the penalties this 
subpart provides for a fish buyer's failure to discharge such 
requirements;
    (4) Fee payment begins on the date NMFS specifies under the 
notification procedures of paragraph (d) of this section and continues 
without interruption at the fee rates NMFS specifies in accordance this 
subpart until NMFS determines that the reduction loan is fully repaid. 
If a reduction loan is, for any reason, not fully repaid at the maturity 
of the reduction loan's original amortization period, fee payment and 
collection shall continue until the reduction loan is fully repaid, 
notwithstanding that the time required to fully repay the reduction loan 
exceeds the reduction loan's initially permissible maturity.
    (d) Notification. (1) At least 30 days before the effective date of 
any fee or of any fee rate change, NMFS will publish a Federal Register 
notice establishing the date from and after which the fee or fee rate 
change is effective. NMFS will then also send, by U.S. mail, an 
appropriate notification to each affected fish seller and fish buyer of 
whom NMFS has notice;
    (2) When NMFS determines that a reduction loan is fully repaid, NMFS 
will publish a Federal Register notice that the fee is no longer in 
effect and should no longer be either paid or collected. NMFS will then 
also send, by U.S. mail, notification to each affected fish seller and 
fish buyer of whom NMFS has knowledge;
    (3) If NMFS fails to notify a fish seller or a fish buyer by U.S. 
mail, or if the fish seller or fish buyer otherwise does not receive the 
notice, of the date fee payments start or of the fee rate in effect, 
each fish seller is, nevertheless, obligated to pay the fee at the fee 
rate in effect and each fish buyer is, nevertheless, obligated to 
collect the fee at the fee rate in effect.
    (e) Failure to pay or collect. (1) If a fish buyer refuses to 
collect the fee in the amount and manner that this subpart requires, the 
fish seller shall then advise the fish buyer of the fish seller's fee 
payment obligation and of the fish buyer's fee collection obligation. If 
the fish buyer still refuses to properly collect the fee, the fish 
seller, within the next 7 calendar days, shall forward the fee to NMFS. 
The fish seller at the same time shall also advise NMFS in writing of 
the full particulars, including:
    (i) The fish buyer's and fish seller's name, address, and telephone 
number,
    (ii) The name of the fishing vessel from which the fish seller made 
fish delivery and the date of doing so,
    (iii) The quantity and delivery value of each species of fee fish 
that the fish seller delivered, and
    (iv) The fish buyer's reason, if known, for refusing to collect the 
fee in accordance with this subpart;
    (2) If a fish seller refuses to pay the fee in the amount and manner 
that this subpart requires, the fish buyer shall then advise the fish 
seller of the fish buyer's collection obligation and of the fish 
seller's payment obligation. If the fish seller still refuses to pay the 
fee, the fish buyer shall then either deduct the fee from the delivery 
value over the fish seller's protest or refuse to buy the fee fish. The 
fish buyer shall also, within the next 7 calendar days, advise NMFS in 
writing of the full particulars, including:
    (i) The fish buyer's and fish seller's name, address, and telephone 
number,
    (ii) The name of the fishing vessel from which the fish seller made 
or attempted to make fish delivery and the date of doing so,
    (iii) The quantity and delivery value of each species of fee fish 
the fish seller delivered or attempted to deliver,
    (iv) Whether the fish buyer deducted the fee over the fish seller's 
protest or refused to buy the fee fish, and
    (v) The fish seller's reason, if known, for refusing to pay the fee 
in accordance with this subpart.
    (f) Implementation regulations at variance with this section. If any 
special circumstances in a reduction fishery require, in NMFS's 
judgment, fee payment and/or collection provisions in addition to, or 
different from, those in this section in order to accommodate the 
circumstances of, and practices in,

[[Page 129]]

a reduction fishery while still fulfilling the intent and purpose of 
this section, NMFS may, notwithstanding this section, include such 
provisions in the implementation regulations for such reduction fishery.



Sec. 600.1014  Fee collection deposits, disbursements, records, and reports.

    (a) Deposit accounts. Each fish buyer that this subpart requires to 
collect a fee shall maintain a segregated account at a federally insured 
financial institution for the sole purpose of depositing collected fee 
revenue and disbursing the fee revenue directly to NMFS in accordance 
with paragraph (c) of this section.
    (b) Fee collection deposits. Each fish buyer, no less frequently 
than at the end of each business week, shall deposit, in the deposit 
account established under paragraph (a) of this section, all fee 
revenue, not previously deposited, that the fish buyer collects through 
a date not more than two calendar days before the date of deposit. 
Neither the deposit account nor the principal amount of deposits in the 
account may be pledged, assigned, or used for any purpose other than 
aggregating collected fee revenue for disbursement to the Fund in 
accordance with paragraph (c) of this section. The fish buyer is 
entitled, at any time, to withdraw deposit interest, if any, but never 
deposit principal, from the deposit account for the fish buyer's own use 
and purposes.
    (c) Deposit principal disbursement. On the last business day of each 
month, or more frequently if the amount in the account exceeds the 
account limit for insurance purposes, the fish buyer shall disburse to 
NMFS the full amount of deposit principal then in the deposit account. 
The fish buyer shall do this by check made payable to the Fund 
subaccount to which the deposit principal relates. The fish buyer shall 
mail each such check to the Fund subaccount lockbox that NMFS 
establishes for the receipt of the disbursements for each program. Each 
disbursement shall be accompanied by the fish buyer's settlement sheet 
completed in the manner and form that NMFS specifies. NMFS will specify 
the Fund subaccount lockbox and the manner and form of settlement sheet 
by means of the notification in Sec. 600.1013(d).
    (d) Records maintenance. Each fish buyer shall maintain, in a secure 
and orderly manner for a period of at least 3 years from the date of 
each transaction involved, at least the following information:
    (1) For all deliveries of fee fish that the fish buyer buys from 
each fish seller:
    (i) The date of delivery,
    (ii) The seller's identity,
    (iii) The weight, number, or volume of each species of fee fish 
delivered,
    (iv) The identity of the fishing vessel that delivered the fee fish,
    (v) The delivery value of each species of fee fish,
    (vi) The net delivery value,
    (vii) The identity of the party to whom the net delivery value is 
paid, if other than the fish seller,
    (viii) The date the net delivery value was paid, and
    (ix) The total fee amount collected;
    (2) For all fee collection deposits to and disbursements from the 
deposit account:
    (i) The dates and amounts of deposits,
    (ii) The dates and amounts of disbursements to the Fund's lockbox 
account, and
    (iii) The dates and amounts of disbursements to the fish buyer or 
other parties of interest earned on deposits.
    (e) Annual report. In each year, on the date to be specified in each 
implementation regulation, succeeding the year during which NMFS first 
implemented a fee, each fish buyer shall submit to NMFS a report, on or 
in the form NMFS specifies, containing the following information for the 
preceding year, or whatever longer period may be involved in the first 
annual report, for all fee fish each fish buyer purchases from fish 
sellers: (1) Total weight, number, or volume bought;
    (2) Total delivery value paid;
    (3) Total fee amounts collected;
    (4) Total fee collection amounts deposited by month;
    (5) Dates and amounts of monthly disbursements to each Fund lockbox 
account;
    (6) Total amount of interest earned on deposits; and

[[Page 130]]

    (7) Depository account balance at year-end.
    (f) State records. If landing records that a state requires from 
fish sellers contain some or all of the data that this section requires 
and state confidentiality laws or regulations do not prevent NMFS' 
access to the records maintained for the state, then fish buyers can use 
such records to meet appropriate portions of this section's 
recordkeeping requirements. If, however, state confidentiality laws or 
regulations make such records unavailable to NMFS, then fish buyers 
shall maintain separate records for NMFS that meet the requirements of 
this section. If any state law or regulation prohibits fish buyers, or 
fish sellers where appropriate, from keeping, for the purpose of 
complying with any requirement of this section, separate records that 
involve some or all of the same data elements as the landing records 
that the fish buyers also keep, for state purposes and under state law 
or regulation, then a financed reduction program will not be possible.
    (g) Audits. NMFS or its agents may audit, in whatever manner NMFS 
believes reasonably necessary for the duly diligent administration of 
reduction loans, the financial records of fish buyers and fish sellers 
in each reduction fishery in order to ensure proper fee payment, 
collection, deposit, disbursement, accounting, record keeping, and 
reporting. Fish buyers and fish sellers shall make all records of all 
program transactions involving post-reduction fish harvests, fish 
deliveries, and fee payments, collections, deposits, disbursements, 
accounting, record keeping, and reporting available to NMFS or NMFS' 
agents at reasonable times and places and promptly provide all requested 
information reasonably related to these records that such fish sellers 
and fish buyers may otherwise lawfully provide. Trip tickets (or similar 
accounting records establishing the pounds of fee fish that each fish 
buyer buys from each fish seller each time that each fish buyer does so 
and each price that each fish buyer then pays to each fish seller for 
the fee fish) are essential audit documentation.
    (h) Confidentiality of records. NMFS and NMFS' auditing agents shall 
maintain the confidentiality of all data to which NMFS has access under 
this section and shall neither release the data nor allow the data's use 
for any purpose other than the purpose of this subpart; provided, 
however, that NMFS may aggregate such data so as to preclude their 
identification with any fish buyer or any fish seller and use them in 
the aggregate for other purposes).
    (i) Refunds. When NMFS determines that a reduction loan is fully 
repaid, NMFS will refund any excess fee receipts, on a last-in/first-out 
basis, to the fish buyers. Fish buyers shall return the refunds, on a 
last-in/first-out basis, to the fish sellers who paid the amounts 
refunded.
    (j) Implementation regulations at variance with this section. If any 
special circumstances in a reduction fishery require, in NMFS's 
judgment, fee collection deposit, disbursement, or records provisions in 
addition to, or different from, those in this section in order to 
accommodate the circumstances of, and practices in, a reduction fishery 
while still fulfilling the intent and purpose of this section, NMFS may, 
notwithstanding this section, include such provisions in the 
implementation regulations for such reduction fishery.



Sec. 600.1015  Late charges.

    The late charge to fish buyers for fee payment, collection, deposit, 
and/or disbursement shall be one and one-half (1.5) percent per month, 
or the maximum rate permitted by state law, for the total amount of the 
fee not paid, collected, deposited, and/or disbursed when due to be 
paid, collected, deposited, and/or disbursed. The full late charge shall 
apply to the fee for each month or portion of a month that the fee 
remains unpaid, uncollected, undeposited, and/or undisbursed.



Sec. 600.1016  Enforcement.

    In accordance with applicable law or other authority, NMFS may take 
appropriate action against each fish seller and/or fish buyer 
responsible for non-payment, non-collection, non-deposit, and/or non-
disbursement of the fee in accordance with this subpart to enforce the 
collection from such fish

[[Page 131]]

seller and/or fish buyer of any fee (including penalties and all costs 
of collection) due and owing the United States on account of the loan 
that such fish seller and/or fish buyer should have, but did not, pay, 
collect, deposit, and/or disburse in accordance with this subpart. All 
such loan recoveries shall be applied to reduce the unpaid balance of 
the loan.



Sec. 600.1017  Prohibitions and penalties.

    (a) The following activities are prohibited, and it is unlawful for 
any party to:
    (1) Vote in any referendum under this subpart if the party is 
ineligible to do so;
    (2) Vote more than once in any referendum under this subpart;
    (3) Sign or otherwise cast a ballot on behalf of a voter in any 
referendum under this subpart unless the voter has fully authorized the 
party to do so and doing so otherwise comports with this subpart;
    (4) Interfere with or attempt to hinder, delay, buy, or otherwise 
unduly or unlawfully influence any eligible voter's vote in any 
referendum under this subpart;
    (5) Submit a fraudulent, unauthorized, incomplete, misleading, 
unenforceable by specific performance, or inaccurate bid in response to 
an invitation to bid under this subpart or, in any other way, interfere 
with or attempt to interfere with, hinder, or delay, any invitation to 
bid, any bid submitted under any invitation to bid, any reduction 
contract, or any other reduction process in connection with any 
invitation to bid;
    (6) Revoke or attempt to revoke any bid under this subpart;
    (7) Fail to comply with the terms and conditions of any invitation 
to bid, bid, or reduction contract under this subpart, including NMFS' 
right under such reduction contracts to specific performance;
    (8) Fail to fully and properly pay and collect any fee due payable, 
and collectible under this subpart or otherwise avoid, decrease, 
interfere with, hinder, or delay any such payment and collection,
    (9) Convert, or otherwise use for any purpose other than the purpose 
this subpart intends, any paid or collected fee;
    (10) Fail to fully and properly deposit on time the full amount of 
all fee revenue collected under this subpart into a deposit account and 
disburse the full amount of all deposit principal to the Fund's lockbox 
account--all as this subpart requires;
    (11) Fail to maintain full, timely, and proper fee payment, 
collection, deposit, and/or disbursement records or make full, timely, 
and proper reports of such information to NMFS--all as this subpart 
requires;
    (12) Fail to advise NMFS of any fish seller's refusal to pay, or of 
any fish buyer's refusal to collect, any fee due and payable under this 
subpart;
    (13) Refuse to allow NMFS or agents that NMFS designates to review 
and audit at reasonable times all books and records reasonably pertinent 
to fee payment, collection, deposit, disbursement, and accounting under 
this subpart or otherwise interfere with, hinder, or delay NMFS or it 
agents in the course of their activities under this subpart;
    (14) Make false statements to NMFS, any of the NMFS' employees, or 
any of NMFS' agents about any of the matters in this subpart;
    (15) Obstruct, prevent, or unreasonably delay or attempt to 
obstruct, prevent, or unreasonably delay any audit or investigation NMFS 
or its agents conduct, or attempt to conduct, in connection with any of 
the matters in this subpart; and/or
    (16) Otherwise materially interfere with the efficient and effective 
conduct of reduction and the repayment of reduction loans under this 
subpart.
    (b) Any party who violates one or more of the prohibitions of 
paragraph (a) of this section is subject to the full range of penalties 
the Magnuson-Stevens Act and 15 CFR part 904 provide-- including, but 
not limited to: civil penalties, sanctions, forfeitures, and punishment 
for criminal offenses--and to the full penalties and punishments 
otherwise provided by any other applicable law of the United States.
    (c) Additionally, NMFS may take any and all appropriate actions, 
including the communication of action at law, against each party 
responsible for

[[Page 132]]

the non-payment, non-collection, non-deposit, and/or non-disbursement in 
accordance with Sec. 600.1013 and/or Sec. 600.1014 to enforce the United 
States' receipt from such party of any fee--including penalties and all 
costs of collection--due and owing the United States on account of the 
reduction loan that such party should have, but did not, pay, collect, 
deposit, and/or disburse in accordance with Sec. 600.1013 and/or 
Sec. 600.1014. All such reduction loan recoveries shall be applied to 
reduce the unpaid balances of reduction loans.



Sec. 600.1018  Implementation regulations for each program. [Reserved]



                        Subpart M--Shark Finning

    Source: 67 FR 6200, Feb. 11, 2002, unless otherwise noted.



Sec. 600.1019  Purpose and scope.

    The regulations in this subpart govern ``shark finning'' (the 
removal of shark fins and discarding of the carcass), the possession of 
shark fins, and the landing into U.S. ports of shark fins without 
corresponding carcasses under the authority of the Magnuson-Stevens Act. 
They implement the Shark Finning Prohibition Act of 2000.



Sec. 600.1020  Relation to other laws.

    (a) The relation of this subpart to other laws is set forth in 
Sec. Sec. 600.514 and 600.705 and in paragraphs (b) and (c) of this 
section.
    (b) Regulations pertaining to shark conservation and management for 
certain shark fisheries are also set forth in this subpart and in parts 
635 (for Federal Atlantic Ocean, Gulf of Mexico, and Caribbean shark 
fisheries), 648 (for spiny dogfish fisheries), and 660 (for fisheries 
off West Coast states and in the western Pacific) of this chapter 
governing those fisheries.
    (c) Nothing in this regulation supercedes more restrictive state 
laws or regulations regarding shark finning in state waters.
    (d) A person who owns or operates a vessel that has been issued an 
Atlantic Federal commercial shark limited access permit or a spiny 
dogfish permit is subject to the reporting and recordkeeping 
requirements found at parts 635 and 648 of this chapter, respectively.



Sec. 600.1021  Definitions.

    (a) In addition to the definitions in the Magnuson-Stevens Act and 
in Sec. 600.10, the terms used in this subpart have the following 
meanings:
    Land or landing means offloading fish, or causing fish to be 
offloaded, from a fishing vessel, either to another vessel or to a 
shoreside location or facility, or arriving in port, or at a dock, 
berth, beach, seawall, or ramp to begin offloading fish.
    Shark finning means taking a shark, removing a fin or fins (whether 
or not including the tail), and returning the remainder of the shark to 
the sea.
    (b) If there is any difference between a definition in this section 
and in Sec. 600.10, the definition in this section is the operative 
definition for the purposes of this subpart.



Sec. 600.1022  Prohibitions.

    (a) In addition to the prohibitions in Sec. Sec. 600.505 and 
600.725, it is unlawful for any person to do, or attempt to do, any of 
the following:
    (1) Engage in shark finning, as provided in Sec. 600.1023(a) and 
(i).
    (2) Possess shark fins without the corresponding carcasses while on 
board a U.S. fishing vessel, as provided in Sec. 600.1023(b) and (j).
    (3) Land shark fins without the corresponding carcasses, as provided 
in Sec. 600.1023(c) and (k).
    (4) Fail to have all shark fins and carcasses from a U.S. or foreign 
fishing vessel landed at one time and weighed at the time of the 
landing, as provided in Sec. 600.1023(d).
    (5) Possess, purchase, offer to sell, or sell shark fins taken, 
landed, or possessed in violation of this section, as provided in 
Sec. 600.1023(e) and (l).
    (6) When requested, fail to allow an authorized officer or any 
employee of NMFS designated by a Regional Administrator access to and/or 
inspection or copying of any records pertaining to the landing, sale, 
purchase, or other disposition of shark fins and/or shark carcasses, as 
provided in Sec. 600.1023(f).
    (7) Fail to have shark fins and carcasses recorded as specified in 
Sec. 635.30(c)(3) of this chapter.

[[Page 133]]

    (8) Fail to have all shark carcasses and fins landed and weighed at 
the same time if landed in an Atlantic coastal port, and to have all 
weights recorded on the weighout slips specified in Sec. 635.5(a)(2) of 
this chapter.
    (9) Fail to maintain a shark intact through landing as specified in 
Sec. Sec. 600.1023(h) and 635.30(c)(4) of this chapter.
    (b)(1) For purposes of this section, it is a rebuttable presumption 
that shark fins landed by a U.S. or foreign fishing vessel were taken, 
held, or landed in violation of this section if the total weight of the 
shark fins landed exceeds 5 percent of the total dressed weight of shark 
carcasses on board or landed from the fishing vessel.
    (2) For purposes of this section, it is a rebuttable presumption 
that shark fins possessed by a U.S. fishing vessel were taken and held 
in violation of this section if the total weight of the shark fins on 
board, or landed, exceeds 5 percent of the total dressed weight of shark 
carcasses on board or landed from the fishing vessel.



Sec. 600.1023  Shark finning; possession at sea and landing of shark fins.

    (a)(1) No person aboard a U.S. fishing vessel shall engage in shark 
finning in waters seaward of the inner boundary of the U.S. EEZ.
    (2) No person aboard a foreign fishing vessel shall engage in shark 
finning in waters shoreward of the outer boundary of the U.S. EEZ.
    (b) No person aboard a U.S. fishing vessel shall possess on board 
shark fins harvested seaward of the inner boundary of the U.S. EEZ 
without the corresponding carcass(es), as may be determined by the 
weight of the shark fins in accordance with Sec. 600.1022(b)(2), except 
that sharks may be dressed at sea.
    (c) No person aboard a U.S. or foreign fishing vessel (including any 
cargo vessel that received shark fins from a fishing vessel at sea) 
shall land shark fins harvested in waters seaward of the inner boundary 
of the U.S. EEZ without corresponding shark carcasses, as may be 
determined by the weight of the shark fins in accordance with 
Sec. 600.1022(b)(1).
    (d) Except as provided in paragraphs (g) and (h) of this section, a 
person who operates a U.S. or foreign fishing vessel and who lands shark 
fins harvested in waters seaward of the inner boundary of the U.S. EEZ 
shall land all fins and corresponding carcasses from the vessel at the 
same point of landing and shall have all fins and carcasses weighed at 
that time.
    (e) A person may not purchase, offer to sell, or sell shark fins 
taken, landed, or possessed in violation of this section.
    (f) Upon request, a person who owns or operates a vessel or a dealer 
shall allow an authorized officer or any employee of NMFS designated by 
a Regional Administrator access to, and/or inspection or copying of, any 
records pertaining to the landing, sale, purchase, or other disposition 
of shark fins and/or shark carcasses.
    (g) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark limited access permit and who 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) of this chapter.
    (h) A person who owns or operates a vessel that has not been issued 
a Federal Atlantic commercial shark limited access permit and who lands 
shark in or from the U.S. EEZ in an Atlantic coastal port must comply 
with regulations found at Sec. 635.30(c)(4) of this chapter.
    (i) No person aboard a vessel that has been issued a Federal 
Atlantic commercial shark limited access permit shall engage in shark 
finning.
    (j) No person aboard a vessel that has been issued a Federal 
Atlantic commercial shark limited access permit shall possess on board 
shark fins without the corresponding carcass(es), as may be determined 
by the weight of the shark fins in accordance with Sec. 600.1022(b)(2), 
except that sharks may be dressed at sea.
    (k) No person aboard a vessel that has been issued a Federal 
Atlantic commercial shark limited access permit shall land shark fins 
without the corresponding carcass(es).

[[Page 134]]

    (l) A dealer may not purchase from an owner or operator of a fishing 
vessel issued a Federal Atlantic commercial shark limited access permit 
who lands shark in an Atlantic coastal port fins whose wet weight 
exceeds 5 percent of the dressed weight of the carcasses.



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.
622.9 Vessel monitoring systems (VMSs).

                      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.
622.19 South Atlantic rock shrimp 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 Size limits.
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, 3
FMP for Coral and Coral Reefs of the    GMFMC                                     Gulf.
 Gulf of Mexico.
FMP for Coral, Coral Reefs, and Live/   SAFMC                                     South Atlantic.
 Hard Bottom Habitats of the South
 Atlantic Region.
FMP for Corals and Reef Associated      CFMC                                      Caribbean.
 Plants and Invertebrates of Puerto
 Rico and the U.S. Virgin Islands.
FMP for the Golden Crab Fishery of the  SAFMC                                     South Atlantic
 South Atlantic Region.

[[Page 135]]

 
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, 4
 the South Atlantic Region.
FMP for the Spiny Lobster Fishery of    CFMC                                      Caribbean.
 Puerto Rico and the U.S. Virgin
 Islands.
----------------------------------------------------------------------------------------------------------------
\1\ Regulated area includes adjoining state waters for purposes of data collection and quota monitoring.
\2\ Only king and Spanish mackerel 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]15.19[min] 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; 67 FR 22362, May 3, 
2002]



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.
    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.

[[Page 136]]

    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 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

[[Page 137]]

(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 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

[[Page 138]]

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[min] 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[min] 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[min] N. lat., which 
is a line directly east from the Miami-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[min]45.6[sec] N. lat., which is a line directly east from the 
seaward terminus of the Georgia/Florida boundary, to 
87[deg]31[min]06[sec] 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[min]45.6[sec] N. lat., which is a line directly east from the 
seaward terminus of the Georgia/Florida boundary.
    Official sunrise or official sunset means the time of sunrise or 
sunset as determined for the date and location in The Nautical Almanac, 
prepared by the U.S. Naval Observatory.
    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[min]55[sec] 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[min]55[sec] from true north from the North Carolina/South 
Carolina boundary, as marked by the border station on Bird Island at 
33[deg]51[min]07.9[sec] N. lat., 78[deg]32[min]32.6[sec] W. long.
    Off South Carolina means the waters in the South Atlantic from a 
line extending in a direction of 135[deg]34[min]55[sec] from true north 
from the North Carolina/South Carolina boundary, as marked by the border 
station on Bird Island at 33[deg]51[min]07.9[sec] N. lat., 
78[min]32[min]32.6[sec] 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[min] N. lat., 93[deg]47.7[min] W. long. to 26[deg]11.4[min] 
N. lat., 92[deg]53[min] 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 Administrator (RA), for the purposes of this part, means 
the Administrator, Southeast Region, NMFS, 9721 Executive Center Drive 
N., St. Petersburg, FL 33702, or a designee.
    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.
     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

[[Page 139]]

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, Farfantepenaeus aztecus.
    (2) White shrimp, Litopenaeus setiferus.
    (3) Pink shrimp, Farfantepenaeus duorarum.
    (4) Royal red shrimp, Hymenopenaeus robustus.
    (5) Rock shrimp, Sicyonia brevirostris.
    (6) Seabob shrimp, Xiphopenaeus kroyeri.
    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; 64 FR 
59125, Nov. 2, 1999; 65 FR 52957, Aug. 31, 2000; 67 FR 51078, Aug. 7, 
2002]



Sec. 622.3  Relation to other laws and regulations.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705 of this chapter and paragraphs (b) and (c) of this section.
    (b) Except for regulations on allowable octocoral, Gulf and South 
Atlantic prohibited coral, and live rock, this part is intended to apply 
within the EEZ portions of applicable National Marine Sanctuaries and 
National Parks, unless the regulations governing such Sanctuaries or 
Parks prohibit their application. Regulations on allowable octocoral, 
Gulf and South Atlantic prohibited coral, and live rock do not apply 
within the EEZ portions of the following National Marine Sanctuaries and 
National Parks:
    (1) Everglades National Park (36 CFR 7.45).

[[Page 140]]

    (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. (i) For a person aboard a 
vessel that is operating as a charter vessel or headboat to fish for or 
possess, in or from the EEZ, species in any of the following species 
groups, a valid charter vessel/headboat permit for that species group 
must have been issued to the vessel and must be on board--
    (A) Gulf coastal migratory pelagic fish.
    (B) South Atlantic coastal migratory pelagic fish.
    (C) Gulf reef fish.
    (D) South Atlantic snapper-grouper.
    (ii) See paragraph (r) of this section regarding a moratorium on 
Gulf charter vessel/headboat permits and the associated provisions.
    (iii) See paragraph (r)(12) of this section for an explanation of 
the requirement for the new charter vessel/headboat permit for South 
Atlantic coastal migratory pelagic fish and for procedures for initial 
application and issuance of that permit.
    (iv) 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. See the definitions of ``Charter vessel'' and 
``Headboat'' in Sec. 622.2 for an explanation of when vessels are 
considered to be operating as a charter vessel or headboat, 
respectively.
    (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 southern Florida west coast 
subzone. For a person aboard a vessel to use a run-around gillnet for 
king mackerel in the southern Florida west coast subzone (see 
Sec. 622.42(c)(1)(i)(A)(3)), a commercial vessel permit for king 
mackerel with a gillnet endorsement must have been issued to the vessel 
and must be on board. See paragraph (o) of this section regarding a 
moratorium on endorsements for the use of gillnets for king mackerel in 
the southern Florida west coast subzone and restrictions on 
transferability of king mackerel gillnet endorsements.
    (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, 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

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section regarding a moratorium on commercial vessel permits for king 
mackerel, 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 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, 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]15.19' N. lat. (due east of Cape Hatteras Light, NC) and 
28[deg]35.1[min] 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. (A) 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. (See paragraph 
(a)(5) of this section for the requirements for operator permits for the 
South Atlantic rock shrimp fishery.)
    (B) In addition, effective July 15, 2003, for a person aboard a 
vessel to fish for rock shrimp in the South Atlantic EEZ off Georgia or 
off Florida or possess rock shrimp in or from the South Atlantic EEZ off 
Georgia or off Florida, a limited access endorsement for South Atlantic 
rock shrimp must be issued to the vessel and must be on board. See 
Sec. 622.19 for limitations on the issuance, transfer, renewal, and 
reissuance of a limited access endorsement for South Atlantic rock 
shrimp.
    (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

[[Page 142]]

trip limits specified in Sec. 622.44(d)(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) South Atlantic golden crab. For a person aboard a vessel to fish 
for golden crab in the South Atlantic EEZ, possess golden crab in or 
from the South Atlantic EEZ, off-load golden crab from the South 
Atlantic EEZ, or sell golden crab in or from the South Atlantic EEZ, a 
commercial vessel permit for golden crab must be issued to the vessel 
and must be on board. It is a rebuttable presumption that a golden crab 
on board 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.
    (xi) Gulf shrimp. For a person aboard a vessel to fish for shrimp in 
the Gulf EEZ or possess shrimp in or from the Gulf EEZ, a valid 
commercial vessel permit for Gulf shrimp must have been issued to the 
vessel and must be on board.
    (3) Coral permits--(i) Allowable chemical. For an individual to take 
or possess fish or other marine organisms with an allowable chemical in 
a coral area, other than fish or other marine organisms that are landed 
in Florida, a Federal allowable chemical permit must have been issued to 
the individual. Such permit must be available when the permitted 
activity is being conducted and when such fish or other marine organisms 
are possessed, through landing ashore.
    (ii) Allowable octocoral. For an individual to take or possess 
allowable octocoral in the Gulf or South Atlantic EEZ, other than 
allowable octocoral that is landed in Florida, a Federal allowable 
octocoral permit must have been issued to the individual. Such permit 
must be available for inspection when the permitted activity is being 
conducted and when allowable octocoral is possessed, through landing 
ashore.
    (iii) Aquacultured live rock. For a person to take or possess 
aquacultured live rock in the Gulf or South Atlantic EEZ, a Federal 
aquacultured live rock permit must have been issued for the specific 
harvest site. Such permit, or a copy, must be on board a vessel 
depositing or possessing material on an aquacultured live rock site or 
harvesting or possessing live rock from an aquacultured live rock site.
    (iv) Prohibited coral. A Federal permit may be issued to take or 
possess Gulf and South Atlantic prohibited coral or Caribbean prohibited 
coral only as scientific research activity, exempted fishing, or 
exempted educational activity. See Sec. 600.745 of this chapter for the 
procedures and limitations for such activities and fishing.
    (v) Florida permits. Appropriate Florida permits and endorsements 
are required for the following activities, without regard to whether 
they involve activities in the EEZ or Florida's waters:
    (A) Landing in Florida fish or other marine organisms taken with an 
allowable chemical in a coral area.
    (B) Landing allowable octocoral in Florida.
    (C) Landing live rock in Florida.
    (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).
    (5) Operator permits. (i) Effective May 16, 2003, for a person to be 
an operator of a vessel fishing for rock shrimp in the South Atlantic 
EEZ or possessing rock shrimp in or from the South Atlantic EEZ, or to 
be an operator of a vessel that has a valid permit for South Atlantic 
rock shrimp issued under this section, such person must have and carry 
on board a valid operator permit and one other form of personal 
identification that includes a picture (driver's license, passport, 
etc.).

[[Page 143]]

    (ii) An owner of a vessel that fishes for rock shrimp in the South 
Atlantic EEZ or possesses rock shrimp in or from the South Atlantic EEZ, 
and an owner of a vessel that has a valid permit for rock shrimp issued 
under this section, must ensure that at least one person with a valid 
operator permit for the South Atlantic rock shrimp fishery is aboard 
while the vessel is at sea or offloading.
    (b) Applications for permits. Application forms for all permits are 
available from the RA. Completed application forms and all required 
supporting documents must be submitted to the RA 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

[[Page 144]]

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.
    (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).
    (4) Operator permits. An applicant for an operator permit must 
provide the following:
    (i) Name, address, telephone number, and other identifying 
information specified on the application.
    (ii) Two recent (no more than 1-yr old), color, passport-size 
photographs.
    (iii) Any other information that may be necessary for the issuance 
or administration of the permit, as specified on the application form.
    (c) Change in application information. The owner or operator of a 
vessel with a permit, a person with a coral permit, a person with an 
operator permit, or a dealer with a permit must notify the RA 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 RA, 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 RA 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 RA will notify 
the applicant of the deficiency. If the applicant fails to correct the 
deficiency within 30 days of the date of the RA'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, in the case of a vessel or dealer permit, the vessel or 
dealership is sold.
    (g) Transfer--(1) Vessel permits, licenses, and endorsements and 
dealer permits. A vessel permit, license, or endorsement or a 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 (o) of this section for a Gulf king 
mackerel gillnet endorsement, in paragraph (p) of this section for a red 
snapper license, in paragraph (q) of this section for a king mackerel 
permit, in paragraph (r) of this section for a charter vessel/headboat 
permit for Gulf coastal migratory pelagic fish or Gulf reef fish, in 
Sec. 622.17(c) for a commercial vessel permit for golden crab, in 
Sec. 622.18(e) for a commercial vessel permit for South Atlantic 
snapper-grouper, or in Sec. 622.19(e) for a commercial vessel permit for 
South Atlantic rock shrimp. A person who acquires a vessel

[[Page 145]]

or dealership who desires to conduct activities for which a permit, 
license, or endorsement is required must apply for a permit, license, 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.
    (2) Operator permits. An operator permit is not transferable.
    (h) Renewal--(1) Vessel permits, licenses, and endorsements and 
dealer permits. Although a vessel permit, license, or endorsement or a 
dealer permit required by this section is issued on an annual basis, an 
application for its renewal is required only every 2 years. In the 
interim years, renewal is automatic (without application) for a vessel 
owner or a dealer who has met the specific requirements for the 
requested permit, license, or endorsement; who has submitted all reports 
required under the Magnuson-Stevens Act; and who is not subject to a 
sanction or denial under paragraph (j) of this section. An owner or 
dealer whose permit, license, or endorsement is expiring will be mailed 
a notification by the RA approximately 2 months prior to its expiration. 
That notification will advise the status of the renewal. That is, the 
notification will advise that the renewal will be issued without further 
action by the owner or dealer (automatic renewal); that the permit, 
license, or endorsement is ineligible for automatic renewal; or that a 
new application is required.
    (i) If eligible for automatic renewal. If the RA's notification 
indicates that the owner's or dealer's permit, license, or endorsement 
is eligible for automatic renewal, the RA will mail the automatically 
renewed permit, license, or endorsement approximately 1 month prior to 
expiration of the old permit, license, or endorsement.
    (ii) If ineligible for automatic renewal. If the RA's notification 
indicates that the owner's or dealer's permit, license, or endorsement 
is ineligible for automatic renewal, the notification will specify the 
reasons and will provide an opportunity for correction of any 
deficiencies. If the owner or dealer does not correct such deficiencies 
within 60 days after the date of the RA's notification, the renewal will 
be considered abandoned. A permit, license, or endorsement that is not 
renewed within the applicable deadline will not be reissued.
    (iii) If new application is required. If the RA's notification 
indicates that a new application is required, the notification will 
include a preprinted renewal application. If the RA receives an 
incomplete application, the RA will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 30 
days of the date of the RA's letter of notification, the application 
will be considered abandoned. A permit, license, or endorsement that is 
not renewed within the applicable deadline will not be reissued.
    (iv) If notification is not received. A vessel owner or dealer must 
contact the RA if he/she does not receive a notification from the RA 
regarding status of renewal of a permit, license, or endorsement by 45 
days prior to expiration of the current permit.
    (2) Operator permits. An operator permit required by this section is 
issued for a period not longer than 3 years. A permit not renewed 
immediately upon its expiration would expire at the end of the 
operator's birth month that is between 2 and 3 years after issuance. For 
renewal, a new application must be submitted in accordance with 
paragraph (b)(4) of this section.
    (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 
vessel 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. An operator of a vessel in the South Atlantic rock shrimp 
fishery must present his/her operator permit and one other form of 
personal identification that includes

[[Page 146]]

a picture (driver's license, passport, etc.) for inspection upon the 
request of an authorized officer.
    (j) Sanctions and denials. (1) 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.
    (2) A person whose operator permit is suspended, revoked, or 
modified may not be aboard any fishing vessel subject to Federal fishing 
regulations in any capacity, if so sanctioned by NOAA, while the vessel 
is at sea or offloading. The vessel's owner and operator are responsible 
for compliance with this measure. A list of operators whose permits are 
revoked or suspended may be obtained from the RA.
    (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. An application for a 
replacement operator permit must include two new photographs, as 
specified in paragraph (b)(4)(ii) of this section.
    (m) Moratorium on commercial vessel permits for Gulf reef fish. The 
provisions of this paragraph (m) are applicable through December 31, 
2005.
    (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 RA 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 permit is considered 
to be not renewed when an application for renewal is not received by the 
RA 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

[[Page 147]]

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 RA 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 RA 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 RA within 1 year 
of the expiration date of the permit.
    (o) Moratorium on endorsements for the use of gillnets for king 
mackerel in the southern Florida west coast subzone. (1) An initial king 
mackerel gillnet endorsement will be issued only if--
    (i) The vessel owner was the owner of a vessel with a commercial 
mackerel permit with a gillnet endorsement on or before October 16, 
1995; and
    (ii) The vessel owner was the owner of a vessel that had gillnet 
landings of Gulf migratory group king mackerel in one of the two fishing 
years, July 1, 1995, through June 30, 1996, or July 1, 1996, through 
June 30, 1997. Such landings must have been documented by NMFS or by the 
Florida Department of Environmental Protection trip ticket system as of 
December 31, 1997. Only landings when a vessel had a valid commercial 
permit for king mackerel with a gillnet endorsement and only landings 
that were harvested, landed, and sold in compliance with state and 
Federal regulations may be used to establish eligibility.
    (2) Paragraphs (o)(1)(i) and (o)(1)(ii) of this section 
notwithstanding, the owner of a vessel that received a commercial king 
mackerel permit through transfer, between March 4, 1998, and March 28, 
2000, from a vessel that met the eligibility requirements in paragraphs 
(o)(1)(i) and (o)(1)(ii) also qualifies for an initial king mackerel 
gillnet endorsement.
    (3) To obtain an initial king mackerel gillnet endorsement under the 
moratorium, an owner or operator of a vessel that does not have a king 
mackerel gillnet endorsement on March 28, 2000 must submit an 
application to the RA, postmarked or hand delivered not later than June 
26, 2000. Except for applications for renewals of king mackerel gillnet 
endorsements, no applications for king mackerel gillnet endorsements 
will be accepted after June 26, 2000. Application forms are available 
from the RA.
    (4) The RA will not issue an owner more initial king mackerel 
gillnet endorsements under the moratorium than

[[Page 148]]

the number of vessels with king mackerel gillnet endorsements that the 
owner owned simultaneously on or before October 16, 1995.
    (5) An owner of a vessel with a king mackerel gillnet endorsement 
issued under this moratorium may transfer that endorsement 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. Such endorsement also may be transferred to another 
vessel owned by the same entity.
    (6) A king mackerel gillnet endorsement that is not renewed or that 
is revoked will not be reissued. An endorsement is considered to be not 
renewed when an application for renewal is not received by the RA within 
1 year after the expiration date of the permit that includes the 
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(d)(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(d)(2), a vessel must 
have been issued both a valid 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 
RA.
    (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.

[[Page 149]]

    (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 RA 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 RA 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 
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 RA.
    (B) A written request for reconsideration must be submitted to the 
RA 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 RA 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 
RA 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 RA. 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 RA 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 RA 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.

[[Page 150]]

The RA 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 RA will provide such notification within 15 days of the 
RA's receipt of the request for reconsideration. The RA'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, 2005.
    (1) No applications for additional commercial vessel permits for 
king mackerel will be accepted. Existing vessel permits may be renewed, 
are subject to the restrictions on transfer or change in paragraphs 
(q)(2) through (q)(5) of this section, and are subject to the 
requirement for timely renewal in paragraph (q)(6) of this section.
    (2) 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.
    (3) 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.
    (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 request that NMFS 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 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 
RA with an application for the changed permit.
    (6) NMFS will not reissue a commercial vessel permit for king 
mackerel if the permit is revoked or if the RA does not receive an 
application for renewal within 1 year of the permit's expiration date.
    (r) Moratorium on charter vessel/headboat permits for Gulf coastal 
migratory pelagic fish and Gulf reef fish. The provisions of this 
paragraph (r) are applicable through June 16, 2006. Notwithstanding the 
other provisions of this paragraph (r), the expiration dates of all 
charter vessel/headboat permits for Gulf reef fish or Gulf coastal 
migratory pelagic fish that were not issued under the provision of this 
paragraph (r) and that were valid or renewable as of December 17, 2002, 
will be extended through November 13, 2003, provided that a permit has 
not been issued under this paragraph (r) for the applicable vessel.
    (1) Applicability. Beginning November 13, 2003, the only valid 
charter vessel/headboat permits for Gulf coastal migratory pelagic fish 
or Gulf reef fish are those that have been issued under the moratorium 
criteria in this paragraph (r). No applications for additional charter 
vessel/headboat permits for these fisheries will be accepted. Existing 
permits may be renewed, are

[[Page 151]]

subject to the transferability provisions in paragraph (r)(9) of this 
section, and are subject to the requirement for timely renewal in 
paragraph (r)(10) of this section.
    (2) Initial eligibility. Initial eligibility for a charter vessel/
headboat permit for Gulf coastal migratory pelagic fish or Gulf reef 
fish is limited to the following:
    (i) An owner of a vessel that had a valid charter vessel/headboat 
permit for Gulf reef fish or coastal migratory pelagic fish on March 29, 
2001, or held such a permit during the preceding year or whose 
application for such permit had been received by NMFS, by March 29, 
2001, and was being processed or awaiting processing.
    (ii) Any person who can provide NMFS with documentation verifying 
that, prior to March 29, 2001, he/she had a charter vessel or headboat 
under construction and that the associated expenditures were at least 
$5,000 as of that date. If the vessel owner was constructing the vessel, 
the vessel owner must provide NMFS with receipts for the required 
expenditures. If the vessel was being constructed by someone other than 
the owner, the owner must provide NMFS with a copy of the contract and/
or receipts for the required expenditures.
    (iii) A historical captain, defined for the purposes of paragraph 
(r) of this section as a person who provides NMFS with documentation 
verifying that
    (A) Prior to March 29, 2001, he/she was issued either a USCG 
Operator of Uninspected Passenger Vessel license (commonly referred to 
as a 6-pack license) or a USCG Masters license; operated, as a captain, 
a federally permitted charter vessel or headboat in the Gulf reef fish 
and/or coastal migratory pelagic fisheries; but does not have a fishery 
permit issued in their name; and
    (B) At least 25 percent of his/her earned income was derived from 
charter vessel or headboat fishing in one of the years, 1997, 1998, 
1999, or 2000.
    (3) Special conditions applicable to eligibility based on historical 
captain status. A person whose eligibility is based on historical 
captain status will be issued a letter of eligibility by the RA. The 
letter of eligibility may be redeemed through the RA for a charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish and/or 
Gulf reef fish, with a historical captain endorsement. The letter of 
eligibility is valid for the duration of the moratorium; is valid only 
for a vessel of the same or lesser authorized passenger capacity as the 
vessel used to document earned income in paragraph (r)(2)(iii)(B) of 
this section; and is valid only for the fisheries certified on the 
application under paragraph (r)(2)(iii)(A) of this section. A charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish or Gulf 
reef fish with a historical captain endorsement is valid only on a 
vessel that the historical captain operates as a captain.
    (4) Determination of eligibility based on permit history. NMFS' 
permit records are the sole basis for determining eligibility based on 
permit or application history. An owner of a currently permitted vessel 
who believes he/she meets the permit or application 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. An owner will not 
be issued initial charter vessel/headboat permits for Gulf coastal 
migratory pelagic fish or Gulf reef fish under the moratorium in excess 
of the number of federally permitted charter vessels and/or headboats 
that he/she owned simultaneously at some time during the period March 
29, 2000 through March 29, 2001.
    (5) Application requirements and procedures--(i) General. An 
applicant who desires a charter vessel/headboat permit for Gulf coastal 
migratory pelagic fish or Gulf reef fish must submit an application for 
such permit to the RA postmarked or hand-delivered not later than 
September 15, 2003. Application forms are available from the RA. The 
information requested on the application form varies according to the 
eligibility criterion that the application is based upon as indicated in 
paragraphs (r)(5)(ii), (r)(5)(iii), and (r)(5)(iv) of this section; 
however, all applicants must provide a copy of the applicable, valid

[[Page 152]]

USCG Operator of Uninspected Passenger Vessel license or Masters license 
and valid USCG Certificate of Inspection. Failure to apply in a timely 
manner will preclude permit issuance even when the applicant meets the 
eligibility criteria for such permit.
    (ii) Application based on the prior permit/application history 
criterion. On or about June 16, 2003, the RA will mail an application 
for a charter vessel/headboat permit for Gulf coastal migratory pelagic 
fish and/or Gulf reef fish to each owner of a vessel who, according to 
NMFS' permit records, is eligible based on the permit or application 
history criterion in paragraph (r)(2)(i) of this section. Information 
requested on the application is consistent with the standard information 
required in paragraph (b)(3)(ii) of this section. The RA will also mail 
each such owner a notice that his/her existing charter vessel/headboat 
permit(s) for coastal migratory pelagic fish and/or Gulf reef fish will 
expire November 13, 2003, and that the new permit(s) required under this 
moratorium will be required as of that date. A vessel owner who believes 
he/she qualifies for a charter vessel/headboat permit for Gulf coastal 
migratory pelagic fish and/or Gulf reef fish based on permit or 
application history, but who does not receive an application from the 
RA, must request an application from the RA and provide documentation of 
eligibility. The RA will mail applications and notifications to vessel 
owner addresses as indicated in NMFS' permit records.
    (iii) Application based on a charter vessel/headboat under 
construction prior to March 29, 2001. A person who intends to obtain a 
charter vessel/headboat permit for Gulf coastal migratory pelagic fish 
and/or Gulf reef fish based on the vessel-under-construction eligibility 
criterion in paragraph (r)(2)(ii) of this section must obtain an 
application from the RA. Information requested on the application 
includes the standard information required in paragraph (b)(3)(ii) of 
this section and the documentation of construction and associated costs 
as specified in paragraph (r)(2)(ii) of this section.
    (iv) Application based on historical captain status. A person who 
intends to obtain a charter vessel/headboat permit for Gulf coastal 
migratory pelagic fish and/or Gulf reef fish based on historical captain 
status must obtain an application from the RA. Information requested on 
the application includes the standard information required in paragraph 
(b)(3)(ii) of this section and documentation of the criteria specified 
in paragraphs (r)(2)(iii)(A)and (B) of this section. Such documentation 
includes income tax records pertinent to verifying earned income; a copy 
of the applicable USCG license and/or Certificate of Inspection; and a 
notarized affidavit signed by a vessel owner certifying the period the 
applicant served as captain of a charter vessel or headboat permitted 
for Gulf reef fish and/or coastal migratory pelagic fish, whether the 
charter vessel or headboat was permitted for Gulf reef fish or coastal 
migratory pelagic fish or both, and whether the charter vessel or 
headboat was uninspected (i.e., 6-pack) or had a USCG Certificate of 
Inspection.
    (v) Incomplete applications. If an application that is postmarked or 
hand-delivered in a timely manner is incomplete, the RA will notify the 
applicant of the deficiency. If the applicant fails to correct the 
deficiency within 20 days of the date of the RA's notification, the 
application will be considered abandoned.
    (6) Issuance of initial permits. If a complete application is 
submitted in a timely manner and the applicable eligibility requirements 
specified in paragraph (r)(2) of this section are met, the RA will issue 
a charter vessel/headboat permit for Gulf coastal migratory pelagic fish 
and/or Gulf reef fish or a letter of eligibility for such fisheries, as 
appropriate, and mail it to the applicant not later than November 3, 
2003.
    (7) Notification of ineligibility. If the applicant does not meet 
the applicable eligibility requirements of paragraph (r)(2) of this 
section, the RA will notify the applicant, in writing, of such 
determination and the reasons for it not later than October 14, 2003.
    (8) Appeal process. (i) An applicant may request an appeal of the 
RA's determination regarding initial permit eligibility, as specified in 
paragraph (r)(2) of this section, by submitting a written request for 
reconsideration to the RA with copies of the appropriate

[[Page 153]]

records for establishing eligibility. Such request must be postmarked or 
hand-delivered within 45 days after the date of the RA's notification of 
ineligibility and may include a request for an oral hearing. If an oral 
hearing is granted, the RA will notify the applicant of the place and 
date of the hearing and will provide the applicant a maximum of 45 days 
prior to the hearing to provide information in support of the appeal.
    (ii) A request for an appeal constitutes the appellant's 
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 RA to 
make available to the appellate officer(s) such confidential records as 
are pertinent to the appeal.
    (iii) The RA may independently review the appeal or may appoint one 
or more appellate officers to review the appeal and make independent 
recommendations to the RA. The RA will make the final determination 
regarding granting or denying the appeal.
    (iv) The RA and appellate officer(s) are empowered only to 
deliberate whether the eligibility criteria in paragraph (r)(2) of this 
section were applied correctly. Hardship or other factors will not be 
considered in determining eligibility.
    (v) The RA will notify the applicant of the decision regarding the 
appeal within 45 days after receipt of the request for appeal or within 
45 days after the conclusion of the oral hearing, if applicable. The 
RA's decision will constitute the final administrative action by NMFS.
    (9) Transfer of permits--(i) Permits without a historical captain 
endorsement. A charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish or Gulf reef fish that does not have a historical captain 
endorsement is fully transferable, with or without sale of the permitted 
vessel, except that no transfer is allowed to a vessel with a greater 
authorized passenger capacity than that of the vessel from which the 
permit was transferred. The determination of authorized passenger 
capacity will be based on the USCG Certificate of Inspection or USCG 
Operator of Uninspected Passenger Vessel license associated with the 
vessels involved in the transfer. If no valid Certificate of Inspection 
is provided for a vessel, that vessel will be considered an uninspected 
vessel with an authorized passenger capacity restricted to six or fewer 
passengers.
    (ii) Permits with a historical captain endorsement. A charter 
vessel/headboat permit for Gulf coastal migratory pelagic fish or Gulf 
reef fish that has a historical captain endorsement may only be 
transferred to a vessel operated by the historical captain, cannot be 
transferred to a vessel with a higher authorized passenger capacity than 
the vessel from which the permit was transferred, and is not otherwise 
transferable.
    (iii) Procedure for permit transfer. To request that the RA transfer 
a charter vessel/headboat permit for Gulf coastal migratory pelagic fish 
or Gulf reef fish, the owner of a vessel that is to receive the 
transferred permit must complete the transfer information on the reverse 
side of the permit and return the permit and a completed application for 
transfer to the RA.
    (10) Renewal. (i) Renewal of a charter vessel/headboat permit for 
Gulf coastal migratory pelagic fish or Gulf reef fish is contingent upon 
the permitted vessel and/or captain, as appropriate, being included in 
an active survey frame for, and, if selected to report, providing the 
information required in one of the following--
    (A) NMFS' Marine Recreational Fishing Vessel Directory Telephone 
Survey (conducted by the Gulf States Marine Fisheries Commission);
    (B) NMFS' Southeast Headboat Survey (as required by 
Sec. 622.5(b)(1));
    (C) Texas Parks and Wildlife Marine Recreational Fishing Survey; or
    (D) A data collection system that replaces one or more of the 
surveys in paragraph (r)(10)(i)(A)(B) or (C) of this section.
    (ii) A charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish or Gulf reef fish that is not renewed or that is revoked 
will not be reissued during the moratorium. A permit is considered to be 
not renewed when an application for renewal, as required, is not 
received by the RA within 1 year of the expiration date of the permit.

[[Page 154]]

    (11) Requirement to display a vessel decal. Upon issuance, renewal, 
or transfer of a charter vessel/headboat permit for Gulf coastal 
migratory pelagic fish or Gulf reef fish, the RA will issue the owner of 
the permitted vessel a vessel decal for the applicable permitted fishery 
or fisheries. The vessel decal must be displayed on the port side of the 
deckhouse or hull and must be maintained so that it is clearly visible.
    (12) Requirement and procedure for obtaining an initial charter 
vessel/headboat permit for South Atlantic coastal migratory pelagic 
fish--(i) General. This paragraph (r)(12) explains the necessity of 
requiring and the procedure for obtaining an initial charter vessel/
headboat permit for South Atlantic coastal migratory pelagic fish. 
Formerly, the charter vessel/headboat permit for coastal migratory 
pelagic fish applied in the EEZ of the Gulf and South Atlantic. The 
establishment of a separate charter vessel/headboat permit for Gulf 
coastal migratory pelagic fish under the moratorium established by 
paragraph (r) of this section necessitates that a separate charter 
vessel/headboat permit for South Atlantic coastal migratory pelagic fish 
also be established effective December 26, 2002, and that the former 
charter vessel/headboat permit for coastal migratory pelagic fish 
(applicable in both the Gulf and South Atlantic) be voided effective as 
of that same date. The newly required charter vessel/headboat permit for 
South Atlantic coastal migratory pelagic fish is not subject to the 
provisions of the moratorium in paragraphs (r)(1) through (11) of this 
section.
    (ii) Application for and issuance of an initial charter vessel/
headboat permit for South Atlantic coastal migratory pelagic fish--(A) 
Owner of a vessel with a valid charter vessel/headboat permit for 
coastal migratory pelagic fish. On or about June 28, 2002, the RA, based 
on NMFS' permit records, will mail an application for an initial charter 
vessel/headboat permit for South Atlantic coastal migratory pelagic fish 
to each owner of a vessel with a valid charter vessel/headboat permit 
for coastal migratory pelagic fish. Any such owner who desires an 
initial charter vessel/headboat permit for South Atlantic coastal 
migratory pelagic fish must submit the completed application to the RA. 
To avoid any lapse in authorization to fish for coastal migratory 
species in the South Atlantic EEZ (i.e., valid permit status), such 
owners must submit the completed application to the RA postmarked or 
hand-delivered not later than September 26, 2002. For completed 
applications received by that deadline, the RA will issue the permit no 
later than December 16, 2002. Applications will be accepted at any time, 
but if received after the deadline, the permit may not be issued prior 
to the date that the permit is first required (i.e., December 26, 2002). 
These special procedures apply only to the application and issuance of 
the initial permit; subsequent permitting activities will be conducted 
in accordance with the standard permitting procedures as specified in 
paragraphs (b) through (l) of this section.
    (B) Owner or operator of a vessel without a valid charter vessel/
headboat permit for coastal migratory pelagic fish. An owner or operator 
of a vessel who desires a charter vessel/headboat permit for South 
Atlantic coastal migratory pelagic fish and who does not have a valid 
charter vessel/headboat permit for coastal migratory pelagic fish must 
obtain a permit application from the RA. For additional permitting 
procedures, see paragraphs (b) through (l)of this section.

[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; 64 FR 
59126, Nov. 2, 1999; 65 FR 16339, Mar. 28, 2000; 65 FR 41017, July 3, 
2000; 65 FR 52956, Aug. 31, 2000; 65 FR 61115, Oct. 16, 2000; 67 FR 
22362, May 3, 2002; 67 FR 43562, June 28, 2002; 67 FR 51078, Aug. 7, 
2002; 68 FR 2192, Jan. 16, 2003; 68 FR 26235, May 15, 2003; 68 FR 38232, 
June 27, 2003]



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,

[[Page 155]]

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 record on a form available from the SRD 
and must submit such record as specified in paragraph (a)(2) of this 
section.
    (A) Fish traps. In addition to the other reporting requirements in 
paragraph (a)(1)(ii) of this section, the owner or operator of a vessel 
for which a fish trap endorsement has been issued, as required under 
Sec. 622.4(a)(2)(i), must comply with the following requirements.
    (1) Inspection. The RA will establish a 1-month period for mandatory 
inspection of all fish trap gear, permits, and vessels. The RA will 
provide written notification of the inspection period to each owner of a 
vessel for which a fish trap endorsement has been issued as required 
under Sec. 622.4(a)(2)(i). Each such owner or operator must contact the 
Special Agent-in-Charge, NMFS, Office of Enforcement, Southeast Region, 
St. Petersburg, FL (SAC) or his designee by telephone (727-570-5344) to 
schedule an inspection during the 1-month period. Requests for 
inspection must be made between 8:00 a.m. and 4:30 p.m. Monday through 
Friday and must be made at least 72 hours in advance of the desired 
inspection date. Inspections will be conducted Monday through Friday 
between 8:00 a.m. and 4:30 p.m. only. On the inspection date, the owner 
or operator must make all fish trap gear with attached trap tags and 
buoys and all applicable permits available for inspection on land. 
Vessels must also be made available for inspection as directed by the 
SAC or his designee. Upon completion of the inspection and a 
determination that all fish trap gear, permits, and vessels are in 
compliance, an owner or operator may resume fishing with the lawful 
gear. However, an owner or operator who fails to comply with the 
inspection requirements during the 1-month inspection period or during 
any other random inspection may not use or possess a fish trap in the 
Gulf EEZ until the required inspection or reinspection, as directed by 
the SAC, has been completed and all fish trap gear, permits, and vessels 
are determined to be in compliance with all applicable regulations.
    (2) Trip reports. For each fishing trip on which a fish trap will be 
used or possessed, an owner or operator of a vessel for which a fish 
trap endorsement has been issued, as required under Sec. 622.4(a)(2)(i), 
must submit a trip initiation report and a trip termination report to 
the SAC or his designee, by telephone, using the following 24-hour toll-
free number--800-305-0697.
    (i) Trip initiation report. The trip initiation report must be 
submitted before beginning the trip and must include: vessel name; 
official number; number of traps to be deployed; sequence of trap tag 
numbers; date, time, and point of departure; and intended time and date 
of trip termination.
    (ii) Trip termination report. The trip termination report must be 
submitted immediately upon returning to port and prior to any offloading 
of catch or fish traps. The trip termination report must include: vessel 
name; official number; name and address of dealer where catch will be 
offloaded and sold; the time offloading will begin; notification of any 
lost traps; and notification of any traps left deployed for any reason.
    (B) [Reserved]
    (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.

[[Page 156]]

    (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-- Coastal migratory 
pelagic fish, reef fish, and snapper-grouper. The owner or operator of a 
vessel for which a charter vessel/headboat permit for Gulf coastal 
migratory pelagic fish, South Atlantic 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 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

[[Page 157]]

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 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

[[Page 158]]

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 RA 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 RA. 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.
    (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.

[[Page 159]]

    (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; 64 FR 59126, Nov. 2, 1999; 64 FR 68935, Dec. 9, 1999; 67 FR 
43565, June 28, 2002]



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 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 RA. 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]15.19[min] N. lat. (due east of Cape Hatteras Light, 
NC) and 28[deg]35.1[min] 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 RA 
attached. A golden crab trap used or possessed in the South Atlantic EEZ 
or on board a vessel with a commercial permit for golden crab must have 
the commercial vessel permit number permanently affixed so as to be 
easily distinguished, located, and identified; an identification tag 
issued by the RA 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:

[[Page 160]]

    (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 RA. 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 
RA.
    (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[min] N. lat., which is a line directly east from the Miami-
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; 64 FR 59126, Nov. 2, 
1999; 65 FR 52957, Aug. 31, 2000; 67 FR 22362, May 3, 2002; 67 FR 51078, 
Aug. 7, 2002]



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), (q), or (r) or in Secs. 622.18 or 622.19.
    (c) Fail to display a permit, license, or endorsement, or other 
required identification, as specified in Sec. 622.4(i).
    (d) Falsify or fail to maintain, submit, or provide information or 
fail to comply with inspection requirements or restrictions, 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) or 
Sec. 622.4(r)(11).
    (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
    (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

[[Page 161]]

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 fishing zone or 
sub-zone of the South Atlantic EEZ other than the zone or sub-zone for 
which the vessel is permitted or authorized, 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) Make a false statement, oral or written, to an authorized 
officer regarding the installation, use, operation, or maintenance of a 
vessel monitoring system (VMS) unit or communication service provider.
    (cc) Operate or own a vessel that is required to have a permitted 
operator aboard when the vessel is at sea or offloading without such 
operator aboard, as specified in Sec. 622.4(a)(5)(i) and (ii).
    (dd) When a vessel that is subject to Federal fishing regulations is 
at sea or offloading, own or operate such vessel with a person aboard 
whose operator permit is revoked, suspended, or modified.
    (ee) Fail to comply with any provision related to a vessel 
monitoring system as specified in Sec. 622.9, including but not limited 
to, requirements for use, installation, activation, access to data, 
procedures related to interruption of VMS operation, and prohibitions on 
interference with the VMS.

[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; 64 FR 68935, Dec. 9, 1999; 67 FR 22361, May 3, 
2002; 67 FR 43565, June 28, 2002; 68 FR 2194, Jan. 16, 2003]



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.

[[Page 162]]

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

[61 FR 43957, Aug. 27, 1996, as amended at 63 FR 57590, Oct. 28, 1998]



Sec. 622.9  Vessel monitoring systems (VMSs).

    (a) Requirement for use. As of October 14, 2003 or 90 days after 
NMFS publishes in the Federal Register, the list of approved 
transmitting units and associated communications service providers, 
whichever is later, an owner or operator of a vessel that has been 
issued a limited access endorsement for South Atlantic rock shrimp must 
ensure that such vessel has a NMFS-approved, operating VMS on board when 
on a trip in the South Atlantic. An operating VMS includes an operating 
mobile transmitting unit on the vessel and a functioning communication 
link between the unit and NMFS as provided by a NMFS-approved 
communication service provider.
    (b) Installing and activating the VMS. Only a VMS that has been 
approved by NMFS for use in the South Atlantic rock shrimp fishery may 
be used. When installing and activating the NMFS-approved VMS, or when 
reinstalling and reactivating such VMS, the vessel owner or operator 
must--
    (1) Follow procedures indicated on an installation and activation 
checklist, which is available from NMFS, Office of Enforcement, 
Southeast Region, St. Petersburg, FL; phone: 727-570-5344; and
    (2) Submit to NMFS, Office of Enforcement, Southeast Region, St. 
Petersburg, FL, a statement certifying compliance with the checklist, as 
prescribed on the checklist.
    (c) Interference with the VMS. No person may interfere with, tamper 
with, alter, damage, disable, or impede the operation of the VMS, or 
attempt any of the same.
    (d) Interruption of operation of the VMS. When a vessel's VMS is not 
operating properly, the owner or operator must immediately contact NMFS, 
Office of Enforcement, Southeast Region, St. Petersburg, FL, and follow 
instructions from that office. If notified by NMFS that a vessel's VMS 
is not operating properly, the owner and operator must follow 
instructions from that office. In either event, such instructions may 
include, but are not limited to, manually communicating to a location 
designated by NMFS the vessel's positions or returning to port until the 
VMS is operable.
    (e) Access to position data. As a condition of authorized fishing 
for or possession of South Atlantic rock shrimp in or from the South 
Atlantic EEZ, a vessel owner or operator subject to the requirements for 
a VMS in this section must allow NMFS, the USCG, and their authorized 
officers and designees access to the vessel's position data obtained 
from the VMS.

[68 FR 2194, Jan. 16, 2003]

[[Page 163]]



                      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 RA 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 RA. The RA will confirm, in writing, each 
transfer of shares. The effective date of each transfer is the 
confirmation date provided by the RA. 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 RA, 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 RA 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 RA 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 RA 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 RA.
    (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 RA 
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 RA through February 15. Thus, the ITQs 
will be in terms of eviscerated weight of wreckfish.
    (2) The RA will provide each wreckfish shareholder with ITQ coupons 
in various denominations, the total of which equals his or her ITQ, and 
a copy of the calculations used in determining his or her ITQ. Each 
coupon will be coded to indicate the initial recipient.
    (3) An ITQ coupon may be transferred from one wreckfish shareholder 
to another by completing the sale endorsement thereon (that is, the 
signature and shareholder certificate number of the buyer). An ITQ 
coupon may be possessed only by the shareholder to whom it has been 
issued, or by the shareholder's employee, contractor, or agent, unless 
the ITQ coupon has been transferred to another shareholder. An ITQ 
coupon that has been transferred to another shareholder may be possessed 
only by the shareholder whose signature appears on the coupon as the 
buyer, or by the shareholder's employee, contractor, or agent, and with 
all required sale endorsements properly completed.
    (4) Wreckfish may not be possessed on board a fishing vessel--
    (i) In an amount exceeding the total of the ITQ coupons on board the 
vessel;
    (ii) That does not have on board a commercial vessel permit for 
wreckfish, as required under Sec. 622.4(a)(2)(vii); or
    (iii) That does not have on board logbook forms for that fishing 
trip, as required under Sec. 622.5(a)(1)(iv)(B).

[[Page 164]]

    (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.

[61 FR 34934, July 3, 1996, as amended at 64 FR 59126, Nov. 2, 1999]



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 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

[[Page 165]]

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 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:

[[Page 166]]

    (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;
    (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

[[Page 167]]

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 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

[[Page 168]]

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 commercial vessel permits have been issued for 
the fishery. All permits in the fishery are issued on a fishing-year 
(calendar-year) basis. No additional permits may be issued except as 
follows:
    (1) For the southern zone. (i) Upon application, the RA will reissue 
a permit for the southern zone for a vessel that held a valid permit for 
that zone in October 2000 but did not meet the 5,000-lb (2,268-kg) 
requirement for renewal in the following year.
    (ii) An application for a permit under paragraph (a)(1) of this 
section must be received by the RA no later than July 2, 2002.
    (2) For the northern zone. (i) The RA will issue up to two new 
vessel permits for the northern zone. Selection will be made from the 
list of historical participants in the South Atlantic golden crab 
fishery. Such list was used at the October 1995 meeting of the South 
Atlantic Fishery Management Council and was prioritized based on pounds 
of golden crab landed, without reference to a specific zone. Individuals 
on the list who originally received permits will be deleted from the 
list.
    (ii) The RA will offer in writing an opportunity to apply for a 
permit for the northern zone to the individuals highest on the list 
until two accept and apply in a timely manner. An offer that is not 
accepted within 30 days after it is received will no longer be valid.
    (iii) An application for a permit from an individual who accepts the 
RA's offer must be received by the RA no later than 30 days after the 
date of the individual's acceptance. Application forms are available 
from the RA.
    (iv) A vessel permit for the northern zone issued under paragraph 
(a)(2) of this section, and any successor permit, may not be changed to 
another zone. A successor permit includes a permit issued to that vessel 
for a subsequent owner and a permit issued via transfer from that vessel 
to another vessel.
    (b) Fishing zones--(1) Designation of fishing zones. The South 
Atlantic EEZ is divided into three fishing zones for golden crab as 
follows:
    (i) Northern zone--the South Atlantic EEZ north of 28[deg] N. lat.
    (ii) Middle zone--the South Atlantic EEZ from 28[deg] N. lat. to 
25[deg] N. lat.
    (iii) Southern zone--the South Atlantic EEZ south of 25[deg] N. lat.
    (2) Authorization to fish in zones. Each vessel permit indicates one 
of the zones

[[Page 169]]

specified in paragraph (b)(1) of this section. A vessel with a permit to 
fish for golden crab in the northern zone or the middle zone may fish 
only in that zone. A vessel with a documented length overall greater 
than 65 ft (19.8 m) with a permit to fish for golden crab in the 
southern zone may fish in that zone, consistent with the provisions of 
paragraph (b)(3) of this section, and, through May 3, 2005, may also 
fish in the northern zone. A vessel may possess golden crab only in a 
zone in which it is authorized to fish, except that other zones may be 
transited if the vessel notifies NMFS, Office of Enforcement, Southeast 
Region, St. Petersburg, FL, by telephone (727-570-5344) in advance and 
does not fish in a zone in which it is not authorized to fish.
    (3) Small-vessel sub-zone. Within the southern zone, a small-vessel 
sub-zone is established bounded on the north by 24[deg]15[min] N. lat., 
on the south by 24[deg]07[min] N. lat., on the east by 81[deg]22[min] W. 
long., and on the west by 81[deg]56[min] W. long. No vessel with a 
documented length overall greater than 65 ft (19.8 m) may fish for 
golden crab in this sub-zone, and a vessel with a documented length 
overall of 65 ft (19.8 m) or less that is permitted for the southern 
zone may fish for golden crab only in this sub-zone.
    (4) Procedure for changing zones. (i) Upon request from an owner of 
a permitted vessel, the RA will change the zone specified on a permit 
from the middle or southern zone to the northern zone. No other changes 
in the zone specified on a permit are allowed, except as specified in 
paragraph (b)(4)(ii) of this section. An owner of a permitted vessel who 
desires a change to the northern zone must submit his/her request with 
the existing permit to the RA.
    (ii) Through May 3, 2005, upon request, the RA will change a vessel 
permit back to the southern zone for an owner of a vessel, or the 
subsequent owner of a vessel, whose permit was changed from the southern 
zone to the northern zone provided that the documented length overall of 
the vessel to be used in the southern zone is not more than 20 percent 
greater than the vessel whose permit was originally changed from the 
southern zone to the northern zone.
    (c) Transferring permits between vessels--(1) Procedure for 
transferring. An owner of a vessel who desires a golden crab permit may 
request that NMFS transfer an existing permit or permits to his or her 
vessel by returning an existing permit or permits to the RA with an 
application for a permit for the replacement vessel.
    (2) Vessel size limitations on transferring. (i) To obtain a permit 
for the middle or southern zone via transfer, the documented length 
overall of the replacement vessel may not exceed the documented length 
overall, or aggregate documented lengths overall, of the replaced 
vessel(s) by more than 20 percent. The owner of a vessel permitted for 
the middle or southern zone 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.
    (ii) There are no vessel size limitations to obtain a permit for the 
northern zone via transfer.
    (d) Permit renewal. NMFS will not renew a commercial vessel permit 
for South Atlantic golden crab if the permit is revoked or if the RA 
does not receive a required application for renewal within 6 months 
after the permit's expiration. See Sec. 622.4(h) for the applicable 
general procedures and requirements for permit renewals.

[67 FR 22361, May 3, 2002]



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

[[Page 170]]

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 RA will notify each owner of a vessel that had 
a commercial permit for South Atlantic snapper-grouper at any time from 
February 11, 1996, 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 RA.
    (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

[[Page 171]]

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 RA will notify the vessel owner of the 
deficiency. If the owner fails to correct the deficiency within 20 days 
of the date of the RA'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 RA 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 RA 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 RA's determination regarding initial permit eligibility by 
submitting a written request for reconsideration to the RA. Such request 
must be postmarked or hand delivered within 20 days of the date of the 
RA's notification denying initial permit issuance and must provide 
written documentation supporting permit eligibility.
    (ii) Upon receipt of a request for reconsideration, the RA will 
forward the initial application, the RA'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 RA 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 hardship or 
other factors. The Application Oversight Board members will provide 
individual recommendations for each application for reconsideration to 
the RA.
    (v) The RA 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 RA may not consider whether a vessel owner should have been 
eligible for a commercial vessel permit because of hardship or other 
factors. The RA 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 RA'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 RA.
    (1) Transferable permits. (i) An owner of a vessel with a 
transferable permit may request that the RA 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

[[Page 172]]

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 RA 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 triplimited 
permit may request that the RA transfer the permit to another vessel 
owned by the same entity.
    (f) Renewal. NMFS will not reissue a commercial vessel permit for 
South Atlantic snapper-grouper if the permit is revoked or if the RA 
does not receive an application for renewal within 60 days of the 
permit's expiration date.

[63 FR 38301, July 16, 1998, as amended at 64 FR 59126, Nov. 2, 1999; 65 
FR 51252, Aug. 23, 2000]



Sec. 622.19  South Atlantic rock shrimp limited access.

    (a) Applicability. Effective July 15, 2003, for a person aboard a 
vessel to fish for rock shrimp in the South Atlantic EEZ off Georgia or 
off Florida or possess rock shrimp in or from the South Atlantic EEZ off 
Georgia or off Florida, a limited access endorsement for South Atlantic 
rock shrimp must be issued to the vessel and must be on board.
    (b) Initial eligibility. A vessel is eligible for an initial limited 
access endorsement for South Atlantic rock shrimp if the owner--
    (1) Owned a vessel with a Federal permit for South Atlantic rock 
shrimp on or before December 31, 2000, and
    (2) Landed at least 15,000 lbs (6,804 kg) of South Atlantic rock 
shrimp in any one of the calendar years 1996 through 2000 from a vessel 
that he/she owned.
    (c) Determinations of eligibility--(1) Permit history. The sole 
basis for determining whether a vessel had a Federal permit for South 
Atlantic rock shrimp, and that vessel's owner during the time it was 
permitted, is the RA's permit records. A person who believes he/she 
meets the permit history criterion based on ownership of a vessel under 
a different name, as may have occurred when ownership changed from 
individual to corporate or vice versa, must document his/her ownership.
    (2) Landings. (i) Landings of rock shrimp from the South Atlantic 
EEZ during the qualifying period are verified from landings data that 
were submitted on or before January 31, 2001 and are in state or Federal 
database systems; no additional landings data will be accepted.
    (ii) Only landings when a vessel had a valid Federal permit for rock 
shrimp, that were harvested from the South Atlantic EEZ, and that were 
landed and sold in compliance with state and Federal regulations will be 
used to establish eligibility.
    (iii) For the purpose of eligibility for an initial limited access 
endorsement for South Atlantic rock shrimp, the owner of a vessel that 
had a permit for South Atlantic rock shrimp during the qualifying period 
retains the rock shrimp landings record of that vessel during the time 
of his/her ownership, unless, prior to January 16, 2003, a sale of the 
vessel includes a written agreement that credit for qualifying landings 
is transferred to the new owner. Qualifying landings are landings of at 
least 15,000 lb (6,804 kg) of rock shrimp harvested from the South 
Atlantic EEZ in any one of the calendar years 1996 through 2000. Such 
transfer of credit must be for the vessel's entire record of landings of 
rock shrimp from the South Atlantic during the time of the seller's 
ownership; no partial transfers are allowed.
    (d) Implementation procedures--(1) Notification of status. On or 
about March 17, 2003, the RA will notify each owner of a vessel that had 
a permit for South

[[Page 173]]

Atlantic rock shrimp on or before December 31, 2000, and each owner of a 
vessel currently permitted for South Atlantic rock shrimp, of the RA's 
initial determination of eligibility for a limited access endorsement 
for South Atlantic rock shrimp. The notification will include a 
determination regarding the 15,000-lb (6,804-kg) threshold level for the 
endorsement. If the landings in the combined state and Federal databases 
do not meet the 15,000-lb (6,804-kg) threshold for any of the qualifying 
years, the landings in each of the qualifying years, as shown in those 
databases, will be included. Each notification will include an 
application for such endorsement. Addresses for notifications will be 
based on the RA's permit records. Each owner of a vessel that had a 
permit for South Atlantic rock shrimp on or before December 31, 2000, 
and each owner of a currently permitted vessel, who does not receive 
notification by April 1, 2003 must advise the RA of non-receipt within 
15 days thereafter.
    (2) Applications. (i) An owner of a vessel who desires a limited 
access endorsement for South Atlantic rock shrimp must submit an 
application for such endorsement postmarked or hand-delivered not later 
than May 16, 2003. Failure to apply in a timely manner will preclude 
issuance of an endorsement even if the vessel owner meets the 
eligibility criteria for the endorsement.
    (ii) An applicant who agrees with the RA's initial determination of 
eligibility does not need to provide documentation of eligibility with 
his/her application.
    (iii) An applicant who disagrees with the RA's initial determination 
of eligibility must provide documentation of eligibility with his/her 
application. Such documentation must include the name and official 
number of the vessel permitted for South Atlantic rock shrimp and the 
dates, quantities, trip tickets, and purchasing dealers for specific 
landings claimed for the vessel. In addition, if an owner's application 
for a limited access endorsement is based on qualifying landings that 
were transferred to him/her through a written agreement, as discussed in 
paragraph (c)(2)(iii) of this section, the application must be 
accompanied by a copy of that agreement and a statement of the cost 
associated with obtaining the catch history. Documentation and other 
information submitted on or with an application are subject to 
verification by comparison with state or Federal records and 
information. If such documentation and information cannot be verified 
from state or Federal records and information, the documentation and 
other information will be rejected. Submission of false documentation or 
information may disqualify an owner from obtaining an initial limited 
access endorsement for South Atlantic rock shrimp 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 RA will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 20 
days of the date of the RA's notification, the application will be 
considered abandoned.
    (3) Issuance. If a complete application is submitted in a timely 
manner and the eligibility requirements specified in paragraph (b) of 
this section are met, the RA will take action as follows:
    (i) If a qualified applicant owns a vessel that has a valid permit 
for South Atlantic rock shrimp, the RA will issue an initial limited 
access endorsement for South Atlantic rock shrimp and mail it to the 
vessel owner prior to July 15, 2003.
    (ii) If a qualified applicant does not currently own a vessel, the 
RA will inform him/her of qualification, but no endorsement will be 
issued. Such qualified applicant must apply for a permit and endorsement 
for a vessel that he/she owns, or transfer the rights to the endorsement 
to an owner of a vessel, prior to July 15, 2005. After that date, the 
rights to an initial limited access endorsement for South Atlantic rock 
shrimp that were based on the qualification will expire. A qualified 
applicant who desires to transfer the rights to an initial endorsement 
to the owner of a vessel must submit an application requesting such 
transfer to the RA. Such transfer of rights will include transfer of 
credit for the vessel's entire

[[Page 174]]

record of landings of rock shrimp from the South Atlantic during the 
time of the qualified applicant's ownership.
    (4) Reconsideration. (i) If the eligibility requirements specified 
in paragraph (b) of this section are not met, the RA will notify the 
applicant, in writing, not later than July 16, 2003. The notification 
will include the reason for the determination that the eligibility 
requirements were not met. An applicant may request reconsideration of 
the RA's determination regarding initial endorsement eligibility by 
submitting a written request for reconsideration to the RA. Such request 
must be postmarked or hand-delivered not later than September 15, 2003 
and must provide additional written documentation supporting eligibility 
for the endorsement.
    (ii) Upon receipt of a request for reconsideration, the RA will 
forward the initial application, the RA'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 applicant's written 
authorization under section 402(b)(1)(F) of the Magnuson-Stevens Act for 
the RA to make available to the members of the Application Oversight 
Board 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 applicant's case, based solely on the available 
record, including documentation submitted by the applicant. The 
Application Oversight Board may not consider whether an applicant should 
have been eligible for a vessel permit because of hardship or other 
factors. The Application Oversight Board members will provide individual 
recommendations for each application for reconsideration to the RA.
    (v) The RA 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 applicant, and the 
recommendations and comments from members of the Application Oversight 
Board. The RA may not consider whether an applicant should have been 
eligible for a vessel permit because of hardship or other factors. The 
RA will notify the applicant of the decision and the reason for it, in 
writing, within 15 days of receiving the recommendations from the 
Application Oversight Board members. The RA's decision will constitute 
the final administrative action by NMFS.
    (e) Transfer of an endorsement. A limited access endorsement for 
South Atlantic rock shrimp is valid only for the vessel and owner named 
on the permit/endorsement. To change either the vessel or the owner, an 
application for transfer must be submitted to the RA. An owner of a 
vessel with an endorsement may request that the RA transfer the 
endorsement to another vessel owned by the same entity, to the same 
vessel owned by another entity, or to another vessel with another owner. 
A transfer of an endorsement under this paragraph will include the 
transfer of the vessel's entire catch history of South Atlantic rock 
shrimp to a new owner; no partial transfers are allowed.
    (f) Renewal. The RA will not reissue a limited access endorsement 
for South Atlantic rock shrimp if the endorsement is revoked or if the 
RA does not receive a complete application for renewal of the 
endorsement within 1 year after the endorsement's expiration date.
    (g) Non-renewal of inactive endorsements. In addition to the 
sanctions and denials specified in Sec. 622.4(j)(1), a limited access 
endorsement for South Atlantic rock shrimp that is inactive for a period 
of 4 consecutive calendar years will not be renewed. For the purpose of 
this paragraph, ``inactive'' means that the vessel with the endorsement 
has not landed at least 15,000 lb (6,804 kg) of rock shrimp from the 
South Atlantic EEZ in a calendar year.
    (h) Reissuance of non-renewed permits. A permit that is not renewed 
under paragraph (g) of this section will be

[[Page 175]]

made available to a vessel owner randomly selected from a list of owners 
who had documented landings of rock shrimp from the South Atlantic EEZ 
prior to 1996 but who did not qualify for an initial limited access 
endorsement. To be placed on the list, an owner must submit a written 
request to the RA postmarked or hand-delivered not later than January 
16, 2004. The written request must contain documentation of each 
specific landing claimed, i.e., date, quantity of rock shrimp, name and 
official number of the harvesting vessel, ownership of the vessel at the 
time of landing, and name and address of the purchasing dealer. Claimed 
landings that are not verified by comparison with state trip ticket or 
dealer records will not be recognized.

[68 FR 2194, Jan. 16, 2003]



                     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[min] 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.

[[Page 176]]

    (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 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[min] 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[min] 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.
    (k) Traps for royal red shrimp in the Gulf EEZ and transfer at sea. 
A trap may not be used to fish for royal red shrimp in the Gulf EEZ. 
Possession of a trap and royal red shrimp on board a vessel is 
prohibited. A trap used to fish for royal red shrimp in the Gulf EEZ may 
be disposed of in any appropriate manner by the Assistant Administrator 
or an authorized officer. In addition, royal red shrimp cannot be 
transferred in the Gulf EEZ, and royal red shrimp taken in the Gulf EEZ 
cannot be transferred at sea regardless of where the transfer takes 
place.

[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; 67 FR 51079, Aug. 7, 
2002]



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

[[Page 177]]

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



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

    (a) Seasonal closures. (1) 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[min].........  64[deg]53.0[min]
B.................  17[deg]39.0[min].........  64[deg]53.0[min]
C.................  17[deg]39.0[min].........  64[deg]50.5[min]
D.................  17[deg]38.1[min].........  64[deg]50.5[min]
E.................  17[deg]37.8[min].........  64[deg]52.5[min]
A.................  17[deg]37.8[min].........  64[deg]53.0[min]
------------------------------------------------------------------------

    (2) 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

[[Page 178]]

bounded by rhumb lines connecting, in order, the points listed.
    (i) East of St. Croix.

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

    (ii) West of Puerto Rico--(A) Bajo de Cico.

------------------------------------------------------------------------
       Point                North lat.                 West long.
------------------------------------------------------------------------
A.................  18[deg]15.7[min].........  67[deg]26.4[min]
B.................  18[deg]15.7[min].........  67[deg]23.2[min]
C.................  18[deg]12.7[min].........  67[deg]23.4[min]
D.................  18[deg]12.7[min].........  67[deg]26.4[min]
A.................  18[deg]15.7[min].........  67[deg]26.47
------------------------------------------------------------------------

    (B) Tourmaline Bank.

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

    (C) Abrir La Sierra Bank.

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

    (3) 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.
    (b) Year-round area closures. (1) Hind Bank Marine Conservation 
District (MCD). The following activities are prohibited within the Hind 
Bank MCD: Fishing for any species, and anchoring by fishing vessels. The 
Hind Bank MCD is bounded by rhumb lines connecting, in order, the points 
listed.

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

    (2) [Reserved]

[64 FR 60133, Nov. 4, 1999]



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[
                                                      min]          min]
B...........................................  30[deg]02.6[  87[deg]59.3[
                                                      min]          min]
C...........................................  29[deg]55.0[  87[deg]55.5[
                                                      min]          min]
D...........................................  29[deg]54.5[  88[deg]07.5[
                                                      min]          min]
A...........................................  30[deg]02.5[  88[deg]07.7[
                                                      min]          min]
------------------------------------------------------------------------

    (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[
                                                      min]          min]
B...........................................  28[deg]42.5[  84[deg]16.3[
                                                      min]          min]
C...........................................  28[deg]11.0[  84[deg]00.0[
                                                      min]          min]
D...........................................  28[deg]11.0[  84[deg]07.0[
                                                      min]          min]
E...........................................  28[deg]26.6[  84[deg]24.8[
                                                      min]          min]
A...........................................  28[deg]42.5[  84[deg]24.8[
                                                      min]          min]
------------------------------------------------------------------------

    (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

[[Page 179]]

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) Tortugas marine reserves. The following activities are 
prohibited within the Tortugas marine reserves: Fishing for any species 
and anchoring by fishing vessels.
    (1) EEZ portion of Tortugas North. The area is bounded by rhumb 
lines connecting the following points: From point A at 
24[deg]40[min]00[sec] N. lat., 83[deg]06[min]00[sec] W. long. to point B 
at 24[deg]46[min]00[sec] N. lat., 83[deg]06[min]00[sec] W. long. to 
point C at 24[deg]46[min]00[sec] N. lat., 83[deg]00[min]00[sec] W. 
long.; thence along the line denoting the seaward limit of Florida's 
waters, as shown on the current edition of NOAA chart 11438, to point A 
at 24[deg]40[min]00[sec] N. lat., 83[deg]06[min]00[sec] W. long.
    (2) Tortugas South. The area is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A                                             24[deg]33[mi  83[deg]09[mi
                                                 n]00[sec]     n]00[sec]
B                                             24[deg]33[mi  83[deg]05[mi
                                                 n]00[sec]     n]00[sec]
C                                             24[deg]18[mi  83[deg]05[mi
                                                 n]00[sec]     n]00[sec]
D                                             24[deg]18[mi  83[deg]09[mi
                                                 n]00[sec]     n]00[sec]
A                                             24[deg]33[mi  83[deg]09[mi
                                                 n]00[sec]     n]00[sec]
------------------------------------------------------------------------

    (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[mi  82[deg]45[mi
                                                 n]30[sec]     n]36[sec]
B...........................................  28[deg]59[mi  83[deg]00[mi
                                                 n]30[sec]     n]10[sec]
C...........................................  28[deg]26[mi  82[deg]59[mi
                                                 n]01[sec]     n]47[sec]
D...........................................  28[deg]26[mi  82[deg]56[mi
                                                 n]01[sec]     n]54[sec]
E...........................................  28[deg]41[mi  82[deg]55[mi
                                                 n]39[sec]     n]25[sec]
F...........................................  28[deg]41[mi  82[deg]56[mi
                                                 n]39[sec]     n]09[sec]
G...........................................  28[deg]48[mi  82[deg]56[mi
                                                 n]56[sec]     n]19[sec]
H...........................................  28[deg]53[mi  82[deg]51[mi
                                                 n]51[sec]     n]19[sec]
I \1\.......................................  28[deg]54[mi  82[deg]44[mi
                                                 n]43[sec]     n]52[sec]
J \2\.......................................  28[deg]51[mi  82[deg]44[mi
                                                 n]09[sec]     n]00[sec]
K...........................................  28[deg]50[mi  82[deg]54[mi
                                                 n]59[sec]     n]16[sec]
L...........................................  28[deg]41[mi  82[deg]53[mi
                                                 n]39[sec]     n]56[sec]
M \3\.......................................  28[deg]41[mi  82[deg]38[mi
                                                 n]39[sec]     n]46[sec]
N...........................................  28[deg]41[mi  82[deg]53[mi
                                                 n]39[sec]     n]12[sec]
O...........................................  28[deg]30[mi  82[deg]55[mi
                                                 n]51[sec]     n]11[sec]
P...........................................  28[deg]40[mi  82[deg]53[mi
                                                 n]00[sec]     n]08[sec]
Q...........................................  28[deg]40[mi  82[deg]47[mi
                                                 n]00[sec]     n]58[sec]
R...........................................  28[deg]35[mi  82[deg]47[mi
                                                 n]14[sec]     n]47[sec]
S...........................................  28[deg]30[mi  82[deg]52[mi
                                                 n]51[sec]     n]55[sec]
T...........................................  28[deg]27[mi  82[deg]55[mi
                                                 n]46[sec]     n]09[sec]
U...........................................  28[deg]30[mi  82[deg]52[mi
                                                 n]51[sec]    n]09[sec]
------------------------------------------------------------------------
\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 official 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:

[[Page 180]]



------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
B \1\.......................................  26[deg]16.0[  81[deg]58.5[
                                                      min]          min]
C...........................................  26[deg]00.0[  82[deg]04.0[
                                                      min]          min]
D...........................................  25[deg]09.0[  81[deg]47.6[
                                                      min]          min]
E...........................................  24[deg]54.5[  81[deg]50.5[
                                                      min]          min]
M \1\.......................................  24[deg]49.3[  81[deg]46.4[
                                                      min]         min]
------------------------------------------------------------------------
\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, 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 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 official sunset on May 
15 to 30 minutes after official 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 RA 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[
                                                      min]          min]
F...........................................  24[deg]50.7[  81[deg]51.3[
                                                      min]          min]
G \2\.......................................  24[deg]40.1[  82[deg]26.7[
                                                      min]          min]
H \3\.......................................  24[deg]34.7[  82[deg]35.2[
                                                      min]          min]
P \4\.......................................  24[deg]35.0[  82[deg]08.0[
                                                      min]         min]
------------------------------------------------------------------------
\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[min] N. lat., 82[deg]01.0[min] W. long. to point U at 
24[deg]43.83[min] N. lat., 82[deg]01.0[min] 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[min] N. lat., 
82[deg]15.0[min] W. long.; thence north to point W at 24[deg]43.6[min] 
N. lat., 82[deg]15.0[min] 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[min] N. 
lat., 81[deg]52.2[min] W. long. (on the line denoting the seaward limit 
of Florida's waters); thence along the seaward limit of

[[Page 181]]

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[min]14.21[sec] N. lat., 93[deg]48[min]54.79[sec] 
W. long. and 27[deg]55[min]07.44[sec] N. lat., 
93[deg]36[min]08.49[sec]W. long., respectively. The HAPC extends from 
these centers to the 50-fathom (300-ft) (91.4-m) isobath.
    (k) Closure of the Madison and Swanson sites and Steamboat Lumps. No 
person may fish within the Madison and Swanson sites or Steamboat Lumps 
for any species of fish except highly migratory species. Highly 
migratory species means tuna species, marlin (Tetrapturus spp. and 
Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and 
swordfish (Xiphias gladius). This prohibition is effective through June 
16, 2004. For the purpose of this paragraph (k), fish means finfish, 
mollusks, crustaceans, and all other forms of marine animal and plant 
life other than marine mammals and birds. The Madison and Swanson sites 
are bounded by rhumb lines connecting, in order, the following points:

 
------------------------------------------------------------------------
               Point                    North lat.         West long.
------------------------------------------------------------------------
A.................................     29[deg]17[min]     85[deg]50[min]
B.................................     29[deg]17[min]     85[deg]38[min]
C.................................     29[deg]06[min]     85[deg]38[min]
D.................................     29[deg]06[min]     85[deg]50[min]
A.................................     29[deg]17[min]     85[deg]50[min]
------------------------------------------------------------------------

    Steamboat Lumps is bounded by rhumb lines connecting, in order, the 
following points:

 
------------------------------------------------------------------------
               Point                    North lat.         West long.
------------------------------------------------------------------------
A.................................     28[deg]14[min]     84[deg]48[min]
B.................................     28[deg]14[min]     84[deg]37[min]
C.................................     28[deg]03[min]     84[deg]37[min]
D.................................     28[deg]03[min]     84[deg]48[min]
A.................................     28[deg]14[min]     84[deg]48[min]
------------------------------------------------------------------------

    (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 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)(A) is reached or until noon 
on October 1, whichever occurs first. From October 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.
    (m) Closures of the recreational fishery for red snapper. The 
recreational fishery for red snapper in or from the Gulf EEZ is closed 
from January 1 through April 20 and from November 1 through December 31. 
During a closure, the bag and possession limit for red snapper in or 
from the Gulf EEZ is zero.
    (n) [Reserved]
    (o) Seasonal closure of the commercial fishery for gag, red grouper, 
and black grouper. From February 15 to March 15, each year, no person 
aboard a vessel for which a valid Federal commercial permit for Gulf 
reef fish has been issued may possess gag, red grouper, or black grouper 
in the Gulf, regardless of where harvested. However, a person aboard a 
vessel for which the permit indicates both charter vessel/headboat for 
Gulf reef fish and commercial Gulf reef fish may continue to retain gag, 
red grouper, and black grouper under the bag and possession limit 
specified in

[[Page 182]]

Sec. 622.39(b), provided the vessel is operating as a charter vessel or 
headboat. From February 15 until March 15, each year, the sale or 
purchase of gag, red grouper, or black grouper is prohibited as 
specified in Sec. 622.45(c)(4).
    (p) Closures of the Gulf group king mackerel gillnet fishery. The 
gillnet fishery for Gulf group king mackerel in or from the Gulf EEZ is 
closed each fishing year from July 1 until 6:00 a.m. on the day after 
the Martin Luther King Jr. Federal holiday. The gillnet fishery also is 
closed during all subsequent weekends and observed Federal holidays, 
except for the first weekend following the Martin Luther King Jr. 
holiday which will remain open to the gillnet fishery provided a 
notification of closure of that fishery has not been filed under 
Sec. 622.43(a). Weekend closures are effective from 6:00 a.m. Saturday 
to 6:00 a.m. Monday. Holiday closures are effective from 6:00 a.m. on 
the observed Federal holiday to 6:00 a.m. the following day. All times 
are eastern standard time. During these closures, a person aboard a 
vessel using or possessing a gillnet with a stretched-mesh size of 4.75 
inches (12.1 cm) or larger in the southern Florida west coast subzone 
may not fish for or possess Gulf group king mackerel.

[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; 64 FR 57404, Oct. 25, 1999; 
64 FR 59126, Nov. 2, 1999; 65 FR 30363, May 11, 2000; 65 FR 31830, May 
19, 2000; 65 FR 50162, Aug. 17, 2000; 67 FR 47468, July 19, 2002]



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[min] 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[min] N. lat. 
(due east of the entrance to St. Lucie Inlet, FL); or north of 
27[deg]10[min] 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[min] N. 
lat., or north of 27[deg]10[min] 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--(1) HAPC. The Oculina Bank HAPC encompasses an 
area bounded on the north by 28[deg]30' N. lat., on the south by 
27[deg]30' N. lat., on the east by the 100-fathom (183-m) contour, as 
shown on the latest edition of NOAA chart 11460, and on the west by 
80[deg]00' W. long.; and two adjacent areas: the first bounded on the 
north by 28[deg]30' N. lat., on the south by 28[deg]29' N. lat., on the 
east by 80[deg]00' W. long., and on the west by 80[deg]03' W. long.; and 
the second bounded on the north by 28[deg]17' N. lat., on the south by 
28[deg]16' N. lat., on the east by 80[deg]00 W. long., and on the west 
by 80[deg]03' W. long. In the Oculina Bank HAPC, no person may:
    (i) Use a bottom longline, bottom trawl, dredge, pot, or trap.
    (ii) If aboard a fishing vessel, anchor, use an anchor and chain, or 
use a grapple and chain.
    (iii) Fish for rock shrimp or possess rock shrimp in or from the 
area on board a fishing vessel.
    (2) Experimental closed area. Within the Oculina Bank HAPC, the 
experimental closed area 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. No person may fish for South 
Atlantic snapper-grouper in the experimental closed area, and no person 
may retain South Atlantic snapper-grouper in or from the area. In the 
experimental closed area, any South Atlantic snapper-grouper taken 
incidentally by hook-and-line gear must be released immediately by 
cutting the line without removing the fish from the water.

[[Page 183]]

    (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.
    (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[min] N. 
lat.; on the south by 33[deg]30.51[min] N. lat.; on the east by 
78[deg]57.55[min] W. long.; and on the west by 78[deg]58.85[min] W. 
long.
    (ii) Ten Mile Reef is bounded on the north by 33[deg]26.65[min] N. 
lat.; on the south by 33[deg]24.80[min] N. lat.; on the east by 
78[deg]51.08[min] W. long.; and on the west by 78[deg]52.97[min] W. 
long.
    (iii) Pawleys Island Reef is bounded on the north by 
33[deg]26.58[min] N. lat.; on the south by 33[deg]25.76[min] N. lat.; on 
the east by 79[deg]00.29[min] W. long.; and on the west by 
79[deg]01.24[min] W. long.
    (iv) Georgetown Reef is bounded on the north by 33[deg]14.90[min] N. 
lat.; on the south by 33[deg]13.85[min] N. lat.; on the east by 
78[deg]59.45[min] W. long.; and on the west by 79[deg]00.65[min] W. 
long.
    (v) Capers Reef is bounded on the north by 32[deg]45.45[min] N. 
lat.; on the south by 32[deg]43.91[min] N. lat.; on the east by 
79[deg]33.81[min] W. long.; and on the west by 79[deg]35.10[min] W. 
long.
    (vi) Kiawah Reef is bounded on the north by 32[deg]29.78[min] N. 
lat.; on the south by 32[deg]28.25[min] N. lat.; on the east by 
79[deg]59.00[min] W. long.; and on the west by 80[deg]00.95[min] W. 
long.
    (vii) Edisto Offshore Reef is bounded on the north by 
32[deg]15.30[min] N. lat.; on the south by 32[deg]13.90[min] N. lat.; on 
the east by 79[deg]50.25[min] W. long.; and on the west by 
79[deg]51.45[min] W. long.
    (viii) Hunting Island Reef is bounded on the north by 
32[deg]13.72[min] N. lat.; on the south by 32[deg]12.30[min] N. lat.; on 
the east by 80[deg]19.23[min] W. long.; and on the west by 
80[deg]21.00[min] W. long.
    (ix) Fripp Island Reef is bounded on the north by 32[deg]15.92[min] 
N. lat.; on the south by 32[deg]14.75[min] N. lat.; on the east by 
80[deg]21.62[min] W. long.; and on the west by 80[deg]22.90[min] W. 
long.
    (x) Betsy Ross Reef is bounded on the north by 32[deg]03.60[min] N. 
lat.; on the south by 32[deg]02.88[min] N. lat.; on the east by 
80[deg]24.57[min] W. long.; and on the west by 80[deg]25.50[min] W. 
long.
    (xi) Hilton Head Reef/Artificial Reef--T is bounded on the north by 
32[deg]00.71[min] N. lat.; on the south by 31[deg]59.42[min] N. lat.; on 
the east by 80[deg]35.23[min] W. long.; and on the west by 
80[deg]36.37[min] W. long.
    (xii) Artificial Reef--A is bounded on the north by 30[deg]57.4[min] 
N. lat.; on the south by 30[deg]55.4[min] N. lat.; on the east by 
81[deg]13.9[min] W. long.; and on the west by 81[deg]16.3[min] W. long.

[[Page 184]]

    (xiii) Artificial Reef--C is bounded on the north by 
30[deg]52.0[min] N. lat.; on the south by 30[deg]50.0[min] N. lat.; on 
the east by 81[deg]08.5[min] W. long.; and on the west by 
81[deg]10.9[min] W. long.
    (xiv) Artificial Reef--G is bounded on the north by 31[deg]00.0[min] 
N. lat.; on the south by 30[deg]58.0[min] N. lat.; on the east by 
80[deg]56.8[min] W. long.; and on the west by 80[deg]59.2[min] W. long.
    (xv) Artificial Reef--F is bounded on the north by 31[deg]06.8[min] 
N. lat.; on the south by 31[deg]04.8[min] N. lat.; on the east by 
81[deg]10.5[min] W. long.; and on the west by 81[deg]13.4[min] W. long.
    (xvi) Artificial Reef--J is bounded on the north by 31[deg]36.7[min] 
N. lat.; on the south by 31[deg]34.7[min] N. lat.; on the east by 
80[deg]47.3[min] W. long.; and on the west by 80[deg]50.1[min] W. long.
    (xvii) Artificial Reef--L is bounded on the north by 
31[deg]46.0[min] N. lat.; on the south by 31[deg]44.0[min] N. lat.; on 
the east by 80[deg]34.7[min] W. long.; and on the west by 
80[deg]37.1[min] W. long.
    (xviii) Artificial Reef--KC is bounded on the north by 
31[deg]51.2[min] N. lat.; on the south by 31[deg]49.2[min] N. lat.; on 
the east by 80[deg]45.3[min] W. long.; and on the west by 
80[deg]47.7[min] W. long.
    (xix) Ft. Pierce Inshore Reef is bounded on the north by 
27[deg]26.8[min] N. lat.; on the south by 27[deg]25.8[min] N. lat.; on 
the east by 80[deg]09.24[min] W. long.; and on the west by 
80[deg]10.36[min] 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
                                                     [min]         [min]
B...........................................  27[deg]22.80  80[deg]03.60
                                                     [min]         [min]
C...........................................  27[deg]23.94  80[deg]00.02
                                                     [min]         [min]
D...........................................  27[deg]24.85  80[deg]00.33
                                                     [min]         [min]
A...........................................  27[deg]23.68  80[deg]03.95
                                                     [min]         [min]
------------------------------------------------------------------------

    (xxi) Key Biscayne/Artificial Reef--H is bounded on the north by 
25[deg]42.82[min] N. lat.; on the south by 25[deg]41.32[min] N. lat.; on 
the east by 80[deg]04.22[min] W. long.; and on the west by 
80[deg]05.53[min] W. long.
    (xxii) Little River Offshore Reef is bounded on the north by 
33[deg]42.10[min] N. lat.; on the south by 33[deg]41.10[min] N. lat.; on 
the east by 78[deg]26.40[min] W. long.; and on the west by 
78[deg]27.10[min] W. long.
    (xxiii) BP-25 Reef is bounded on the north by 33[deg]21.70[min] N. 
lat.; on the south by 33[deg]20.70[min] N. lat.; on the east by 
78[deg]24.80[min] W. long.; and on the west by 78[deg]25.60[min] W. 
long.
    (xxiv) Vermilion Reef is bounded on the north by 32[deg]57.80[min] 
N. lat.; on the south by 32[deg]57.30[min] N. lat.; on the east by 
78[deg]39.30[min] W. long.; and on the west by 78[deg]40.10[min] W. 
long.
    (xxv) Cape Romaine Reef is bounded on the north by 33[deg]00.00[min] 
N. lat.; on the south by 32[deg]59.50[min] N. lat.; on the east by 
79[deg]02.01[min] W. long.; and on the west by 79[deg]02.62[min] W. 
long.
    (xxvi) Y-73 Reef is bounded on the north by 32[deg]33.20[min] N. 
lat.; on the south by 32[deg]32.70[min] N. lat.; on the east by 
79[deg]19.10[min] W. long.; and on the west by 79[deg]19.70[min] W. 
long.
    (xxvii) Eagles Nest Reef is bounded on the north by 
32[deg]01.48[min] N. lat.; on the south by 32[deg]00.98[min] N. lat.; on 
the east by 80[deg]30.00[min] W. long.; and on the west by 
80[deg]30.65[min] W. long.
    (xxviii) Bill Perry Jr. Reef is bounded on the north by 
33[deg]26.20[min] N. lat.; on the south by 33[deg]25.20[min] N. lat.; on 
the east by 78[deg]32.70[min] W. long.; and on the west by 
78[deg]33.80[min] W. long.
    (xxix) Comanche Reef is bounded on the north by 32[deg]27.40[min] N. 
lat.; on the south by 32[deg]26.90[min] N. lat.; on the east by 
79[deg]18.80[min] W. long.; and on the west by 79[deg]19.60[min] W. 
long.
    (xxx) Murrel's Inlet 60 Foot Reef is bounded on the north by 
33[deg]17.50[min] N. lat.; on the south by 33[deg]16.50[min] N. lat.; on 
the east by 78[deg]44.67[min] W. long.; and on the west by 
78[deg]45.98[min] W. long.
    (xxxi) Georgetown 95 Foot Reef is bounded on the north by 
33[deg]11.75[min] N. lat.; on the south by 33[deg]10.75[min] N. lat.; on 
the east by 78[deg]24.10[min] W. long.; and on the west by 
78[deg]25.63[min] W. long.
    (xxxii) New Georgetown 60 Foot Reef is bounded on the north by 
33[deg]09.25[min] N. lat.; on the south by 33[deg]07.75[min] N. lat.; on 
the east by 78[deg]49.95[min] W. long.; and on the west by 
78[deg]51.45[min] W. long.
    (xxxiii) North Inlet 45 Foot Reef is bounded on the north by 
33[deg]21.03[min] N. lat.; on the south by 33[deg]20.03[min] N. lat.; on 
the east by 79[deg]00.31[min] W. long.; and on the west by 
79[deg]01.51[min] W. long.
    (xxxiv) CJ Davidson Reef is bounded on the north by 
33[deg]06.48[min] N. lat.; on the south by 33[deg]05.48[min] N. lat.; on 
the east by 79[deg]00.27[min] W. long.; and on the west by 
79[deg]01.39[min] W. long.
    (xxxv) Greenville Reef is bounded on the north by 32[deg]57.25[min] 
N. lat.; on the

[[Page 185]]

south by 32[deg]56.25[min] N. lat.; on the east by 78[deg]54.25[min] W. 
long.; and on the west by 78[deg]55.25[min] W. long.
    (xxxvi) Charleston 60 Foot Reef is bounded on the north by 
32[deg]33.60[min] N. lat.; on the south by 32[deg]32.60[min] N. lat.; on 
the east by 79[deg]39.70[min] W. long.; and on the west by 
79[deg]40.90[min] W. long.
    (xxxvii) Edisto 60 Foot Reef is bounded on the north by 
32[deg]21.75[min] N. lat.; on the south by 32[deg]20.75[min] N. lat.; on 
the east by 80[deg]04.10[min] W. longitude; and on the west by 
80[deg]05.70[min] W. long.
    (xxxviii) Edisto 40 Foot Reef is bounded on the north by 
32[deg]25.78[min] N. lat.; on the south by 32[deg]24.78[min] N. lat.; on 
the east by 80[deg]11.24[min] W. long.; and on the west by 
80[deg]12.32[min] W. long.
    (xxxix) Beaufort 45 Foot Reef is bounded on the north by 
32[deg]07.65[min] N. lat.; on the south by 32[deg]06.65[min] N. lat.; on 
the east by 80[deg]28.80[min] W. long.; and on the west by 
80[deg]29.80[min] W. long.
    (xl) Artificial Reef--ALT is bounded on the north by 
31[deg]18.6[min] N. lat.; on the south by 31[deg]16.6[min] N. lat.; on 
the east by 81[deg]07.0[min] W. long.; and on the west by 
81[deg]09.4[min] W. long.
    (xli) Artificial Reef--CAT is bounded on the north by 
31[deg]40.2[min] N. lat.; on the south by 31[deg]38.2[min] N. lat.; on 
the east by 80[deg]56.2[min] W. long.; and on the west by 
80[deg]58.6[min] W. long.
    (xlii) Artificial Reef--CCA is bounded on the north by 
31[deg]43.7[min] N. lat.; on the south by 31[deg]41.7[min] N. lat.; on 
the east by 80[deg]40.0[min] W. long.; and on the west by 
80[deg]42.3[min] W. long.
    (xliii) Artificial Reef--DRH is bounded on the north by 
31[deg]18.0[min] N. lat.; on the south by 31[deg]16.0[min] N. lat.; on 
the east by 80[deg]56.6[min] W. long.; and on the west by 
80[deg]59.0[min] W. long.
    (xliv) Artificial Reef--DUA is bounded on the north by 
31[deg]47.8[min] N. lat.; on the south by 31[deg]45.8[min] N. lat.; on 
the east by 80[deg]52.1[min] W. long.; and on the west by 
80[deg]54.5[min] W. long.
    (xlv) Artificial Reef--DW is bounded on the north by 
31[deg]22.8[min] N. lat.; on the south by 31[deg]20.3[min] N. lat.; on 
the east by 79[deg]49.8[min] W. long.; and on the west by 
79[deg]51.1[min] W. long.
    (xlvi) Artificial Reef--KBY is bounded on the north by 
30[deg]48.6[min] N. lat.; on the south by 30[deg]46.6[min] N. lat.; on 
the east by 81[deg]15.0[min] W. long.; and on the west by 
81[deg]17.4[min] W. long.
    (xlvii) Artificial Reef--KTK is bounded on the north by 
31[deg]31.3[min] N. lat.; on the south by 31[deg]29.3[min] N. lat.; on 
the east by 80[deg]59.1[min] W. long.; and on the west by 
81[deg]01.5[min] W. long.
    (xlviii) Artificial Reef--MRY is bounded on the north by 
30[deg]47.5[min] N. lat.; on the south by 30[deg]45.5[min] N. lat.; on 
the east by 81[deg]05.5[min] W. long.; and on the west by 
81[deg]07.8[min] W. long.
    (xlix) Artificial Reef--SAV is bounded on the north by 
31[deg]55.4[min] N. lat.; on the south by 31[deg]53.4[min] N. lat.; on 
the east by 80[deg]45.2[min] W. long.; and on the west by 
80[deg]47.6[min] W. long.
    (l) Artificial Reef--SFC is bounded on the north by 31[deg]00.8[min] 
N. lat.; on the south by 30[deg]59.8[min] N. lat.; on the east by 
81[deg]02.2[min] W. long.; and on the west by 81[deg]03.4[min] W. long.
    (li) Artificial Reef--WW is bounded on the north by 31[deg]43.5[min] 
N. lat.; on the south by 31[deg]42.2[min] N. lat.; on the east by 
79[deg]57.7[min] W. long.; and on the west by 79[deg]59.3[min] W. long.
    (2) To determine what restrictions apply in the SMZs listed in Sec.  
622.35(e)(1), follow this table:

------------------------------------------------------------------------
   IN SMZs SPECIFIED IN THE FOLLOWING
       PARAGRAPHS OF Sec.  622.35            THESE RESTRICTIONS APPLY
------------------------------------------------------------------------
(e)(1)(i) through (x), (e)(1)(xx), and   Use of a powerhead to take
 (e)(1)(xxii) through (xxxix)             South Atlantic snapper-grouper
                                          is prohibited. Possession of a
                                          powerhead and a mutilated
                                          South Atlantic snapper-grouper
                                          in, or after having fished in,
                                          one of these SMZs constitutes
                                          prima facie evidence that such
                                          fish was taken with a
                                          powerhead in the SMZ.
(e)(1)(i) through (xviii) and            Fishing may only be conducted
 (e)(1)(xxii) through (li)                with handline, rod and reel,
                                          and spearfishing gear.
(e)(1)(i) through (li)                   Use of a sea bass pot or bottom
                                          longline is prohibited.
(e)(1)(xii) through (xviii) and          Possession of South Atlantic
 (e)(1)(xl) through (li)                  snapper-grouper taken with a
                                          powerhead is limited to the
                                          bag limits specified in Sec.
                                          622.39(d)(1).
(e)(1)(xix) and (e)(1)(xx)               A hydraulic or electric reel
                                          that is permanently affixed to
                                          the vessel is prohibited when
                                          fishing for South Atlantic
                                          snapper-grouper.
(e)(1)(xix) and (e)(1)(xxi)              Use of spearfishing gear is
                                          prohibited.
------------------------------------------------------------------------


[[Page 186]]

    (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.

[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; 65 FR 37295, June 14, 2000; 65 FR 
61115, Oct. 16, 2000]



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 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 January, February, March, and April, each 
year, the harvest or 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 one per person per day or one 
per person per trip, whichever is more restrictive. Such red porgy are 
subject to the prohibition on sale or puchase, 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; 65 FR 51252, Aug. 23, 2000]



Sec. 622.37  Size limits.

    All size limits in this section are minimum size limits unless 
specified otherwise. Except for undersized king and Spanish mackerel 
allowed in paragraphs (c)(2) and (c)(3) of this section, a fish not in 
compliance with its size limit, 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. A fish not in 
compliance

[[Page 187]]

with its size limit 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 in compliance with the 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) Snapper. (i) Lane snapper--8 inches (20.3 
cm), TL.
    (ii) Vermilion snapper--10 inches (25.4 cm), TL.
    (iii) Cubera, dog, gray, mahogany, and yellowtail snappers and 
schoolmaster--12 inches (30.5 cm), TL.
    (iv) Red snapper--16 inches (40.6 cm), TL, for a fish taken by a 
person subject to the bag limit specified in Sec. 622.39(b)(1)(iii) and 
15 inches (38.1 cm), TL, for a fish taken by a person not subject to the 
bag limit.
    (v) Mutton snapper--16 inches (40.6 cm), TL.
    (2) Grouper. (i) Scamp--16 inches (40.6 cm), TL.
    (ii) Red grouper and yellowfin grouper--20 inches (50.8 cm), TL.
    (iii) Black grouper and gag--(A) For a person not subject to the bag 
limit specified in Sec. 622.39(b)(1)(ii)--24 inches (61.0 cm), TL.
    (B) For a person subject to the bag limit specified in 
Sec. 622.39(b)(1)(ii)--22 inches (55.9 cm), TL.
    (3) Other Gulf reef fish species. (i) Gray triggerfish--12 inches 
(30.5 cm), TL.
    (ii) Hogfish--12 inches (30.5 cm), fork length.
    (iii) Banded rudderfish and lesser amberjack--14 inches (35.6 cm), 
fork length (minimum size); 22 inches (55.9 cm), fork length (maximum 
size).
    (iv) 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.
    (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

[[Page 188]]

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; 64 FR 
57404, Oct. 25, 1999; 65 FR 31831, May 19, 2000; 65 FR 50162, Aug. 17, 
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;
    (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) Cut-off (damaged) king or Spanish mackerel that comply with the 
minimum size limits in Sec. 622.37(c)(2) and (c)(3), respectively, and 
the trip limits in Sec. 622.44(a) and (b), respectively, may be 
possessed in the Gulf, Mid-Atlantic, or South Atlantic EEZ on, and 
offloaded ashore from, a vessel that is operating under the respective 
trip limits. Such cut-off fish also may be sold. A maximum of five 
additional cut-off (damaged) king mackerel, not subject to the size 
limits or trip limits, may be possessed or offloaded ashore but may not 
be sold or purchased and are not counted against the trip limit.
    (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, 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

[[Page 189]]

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; 65 FR 16340, Mar. 28, 2000; 67 FR 
22362, May 3, 2002]



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. Unless 
specified otherwise, bag limits apply to a person on a daily basis, 
regardless of the number of trips in a day. Unless specified otherwise, 
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 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.
    (4) Paragraph (a)(1) of this section notwithstanding, a person 
aboard a vessel for which a commercial permit for South Atlantic 
snapper-grouper has been issued must comply with the bag limits 
specified in paragraph (d)(1) of this section for South Atlantic 
snapper-grouper taken with a powerhead, regardless of where taken, when 
such snapper-grouper are possessed in an SMZ specified in Sec.  
622.35(e)(1)(xii) through (e)(1)(xviii) or (e)(1)(xl) through 
(e)(1)(li).
    (b) Gulf reef fish--(1) Bag limits. (i) Greater amberjack--1.
    (ii) Groupers, combined, excluding jewfish and Nassau grouper--5 per 
person per day, but not to exceed 1 speckled hind and 1 Warsaw grouper 
per vessel per day.
    (iii) Red snapper--4.
    (iv) Snappers, combined, excluding red, lane, and vermilion snapper-
-10.
    (v) Gulf reef fish, combined, excluding those specified in 
paragraphs

[[Page 190]]

(b)(1)(i) through (b)(1)(iv) and paragraphs (b)(1)(vi) through 
(b)(1)(vii) of this section and excluding dwarf sand perch and sand 
perch--20.
    (vi) Banded rudderfish and lesser amberjack, combined--5.
    (vii) Hogfish--5.
    (2) Possession limits. A person, or a vessel in the case of speckled 
hind or Warsaw grouper, on a trip that spans more than 24 hours may 
possess no more than two daily bag limits, provided such trip is on a 
vessel that is operating as a charter vessel or headboat, the vessel has 
two licensed operators aboard, and each passenger is issued and has in 
possession a receipt issued on behalf of the vessel that verifies the 
length of the trip.
    (c) King and Spanish mackerel--(1) Bag limits. (i) Atlantic 
migratory group king mackerel--
    (A) Mid-Atlantic and South Atlantic, other than off Florida--3.
    (B) Off Florida--2, which is the daily bag limit specified by 
Florida for its waters (Rule 46-12.004(1), Florida Administrative Code). 
If Florida changes its limit, the bag limit specified in this paragraph 
(c)(1)(i)(B) will be changed to conform to Florida's limit, provided 
such limit does not exceed 5.
    (ii) Gulf migratory group king mackerel--2.
    (iii) Atlantic migratory group Spanish mackerel--15.
    (iv) Gulf migratory group Spanish mackerel--15.
    (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--1.
    (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.
    (2) Possession limits. (i) Provided each passenger is issued and has 
in possession a receipt issued on behalf of the vessel that verifies the 
duration of the trip--
    (A) 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 
of species other than red porgy.
    (B) 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 of species other than 
red porgy.
    (ii) A person aboard a vessel may not possess red porgy in or from 
the EEZ in excess of one per day or one per trip, whichever is more 
restrictive.
    (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

[[Page 191]]

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; 64 FR 
57404, Oct. 25, 1999; 65 FR 30363, May 11, 2000; 65 FR 41016, July 3, 
2000; 65 FR 50162, Aug. 17, 2000; 65 FR 51252, Aug. 23, 2000; 65 FR 
61116, Oct. 16, 2000; 66 FR 17369, Mar. 30, 2001]



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 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

[[Page 192]]

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]15.19[min] N. lat. (due east of 
Cape Hatteras Light, NC) and 28[deg]35.1[min] 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 11 7/8 by 11 7/8 
inches (30.2 by 30.2 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) 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.

[[Page 193]]

    (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, 2002.

[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; 67 FR 
22362, May 3, 2002]



Sec. 622.41  Species specific limitations.

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

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    (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 727-570-5344:
    (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[min] N. lat., the latitude of Cape Lookout 
Light, NC--all gear except drift gillnet and long gillnet.
    (B) South of 34[deg]37.3[min] N. lat.--automatic reel, bandit gear, 
handline, and rod and reel.
    (ii) King mackerel, Gulf migratory group--hook-and-line gear and, in 
the southern Florida west coast subzone only, run-around gillnet. (See 
Sec. 622.42(c)(1)(i)(A)(3) for a description of the southern Florida 
west coast subzone.)
    (iii) Spanish mackerel, Atlantic migratory group--automatic reel, 
bandit gear, handline, rod and reel, cast net, run-around gillnet, and 
stab net.
    (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[min] 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[min] 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

[[Page 195]]

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, a long 
gillnet, or a run-around gillnet in an area other than the southern 
Florida west coast subzone. Thus, the following applies to a vessel that 
has a commercial permit for king mackerel:
    (A) Such vessel may not use unauthorized gear in a directed fishery 
for king mackerel in the Gulf EEZ.
    (B) If such a vessel has a drift gillnet or a long gillnet on board 
or a run-around gillnet in an area other than the southern Florida west 
coast subzone, 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, a long gillnet, or a run-around gillnet 
in an area other than the southern Florida west coast subzone, 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[min] N. 
lat., which is a line directly east from the Miami-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

[[Page 196]]

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 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.

[[Page 197]]

    (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) Penaeid 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 RA 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 RA. A BRD that meets the 
certification criterion, as determined under 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

[[Page 198]]

shoreward of the 100-fathom (183-m) depth contour west of 85[deg]30[min] 
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 RA. The Gulf Of Mexico 
Bycatch Reduction Device Testing Protocol Manual, which is available 
from the RA, upon request, contains the application forms.
    (B) After reviewing the application, the RA will determine whether 
to issue a letter of authorization (LOA) to conduct pre-certification 
trials upon the vessel specified in the application. The RA 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 RA authorizes pre-certification, the RA'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 RA will issue a LOA to conduct certification trials upon the 
vessel specified in the application if the RA 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

[[Page 199]]

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 RA 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.
    (i) Gulf reef fish exhibiting trap rash. Gulf reef fish in or from 
the Gulf EEZ that exhibit trap rash may be possessed on board a vessel 
only if that vessel has a valid fish trap endorsement, as required under 
Sec. 622.4(a)(2)(i), on board. Possession of such fish on board a vessel 
without a valid fish trap endorsement is prima facie evidence of illegal 
trap use and is prohibited. For the purpose of this paragraph, trap rash 
is defined as physical damage to fish that characteristically results 
from contact with wire fish traps. Such damage includes, but is not 
limited to, broken fin spines, fin rays, or teeth; visually obvious loss 
of scales; and cuts or abrasions on the body of the fish, particularly 
on the head, snout, or mouth.
    (j) Rock shrimp in the South Atlantic off Georgia and Florida. The 
minimum mesh size for the cod end of a rock shrimp trawl net in the 
South Atlantic EEZ off Georgia and Florida is 1 7/8 inches (4.8 cm), 
stretched mesh. This minimum mesh size is required in at least the last 
40 meshes forward of the cod end drawstring (tie-off rings), and 
smaller-mesh bag liners are not allowed. A vessel that has a trawl net 
on board that does not meet these requirements may not possess a rock 
shrimp in or from the South Atlantic EEZ off Georgia and Florida.

[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; 64 FR 59126, Nov. 2, 1999; 64 FR 68935, Dec. 9, 
1999; 65 FR 16340, Mar. 28, 2000; 65 FR 52957, Aug. 31, 2000; 65 FR 
61116, Oct. 16, 2000; 68 FR 2196, Jan. 16, 2003]



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) Two-thirds of the quota specified in Sec. 622.42(a)(1)(i), 3.10 
million lb (1.41 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).

[[Page 200]]

    (B) The remainder available at noon on October 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, 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 allowable octocoral. The quota for all 
persons who harvest allowable octocoral in the EEZ of the Gulf and South 
Atlantic is 50,000 colonies. A colony is a continuous group of coral 
polyps forming a single unit.
    (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 3.26 million 
lb (1.48 million kg). The Gulf migratory group is divided into eastern 
and western zones separated by 87[deg]31[min]06[sec] 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--2.25 million lb (1.02 million kg), which is 
further divided into quotas as follows:
    (1) Florida east coast subzone--1,040,625 lb (472,020 kg).
    (2) Florida west coast subzone--(i) Southern--1,040,625 lb (472,020 
kg), which is further divided into a quota of 520,312 lb (236,010 kg) 
for vessels fishing with hook-and-line and a quota of 520,312 lb 
(236,010 kg) for vessels fishing with run-around gillnets.
    (ii) Northern--168,750 lb (76,544 kg).
    (3) Description of Florida subzones. The Florida east coast subzone 
is that part of the eastern zone north of 25[deg]20.4[min] N. lat., 
which is a line directly east from the Miami-Dade/Monroe County, FL, 
boundary. The Florida west coast subzone is that part of the eastern 
zone south and west of 25[deg]20.4[min] N. lat. The Florida west coast 
subzone is further divided into southern and northern subzones. From 
November 1 through March 31, the southern subzone is that part of the 
Florida west coast subzone that extends south and west from 
25[deg]20.4[min] N. lat. to 26[deg]19.8[min] N. lat., a line directly 
west from the Lee/Collier County, FL, boundary (i.e., the area off 
Collier and Monroe Counties). From April 1 through October 31, the 
southern subzone is that part of the Florida west coast subzone that is 
between 26[deg]19.8[min] N. lat. and 25[deg]48[min] N. lat., which is a 
line directly west from the Monroe/Collier County, FL, boundary (i.e., 
off Collier County). The northern subzone is that part of the Florida 
west coast subzone that is between 26[deg]19.8[min] N. lat. and 
87[deg]31[min]06[sec] W. long., which is a line directly south from the 
Alabama/Florida boundary.
    (B) Western zone--1.01 million lb (0.46 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group of king mackerel is 3.71 million lb (1.68 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 5.187 
million lb (2.353 million kg).
    (ii) Atlantic migratory group. The quota for the Atlantic migratory 
group

[[Page 201]]

of Spanish mackerel is 3.87 million lb (1.76 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), 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; 64 FR 59126, Nov. 2, 1999; 65 FR 16340, Mar. 28, 2000; 65 FR 
30363, May 11, 2000; 65 FR 41016, July 3, 2000; 65 FR 50162, Aug. 17, 
2000; 66 FR 17369, Mar. 30, 2001]



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 allowable octocoral. Allowable octocoral 
may not be harvested or possessed in the Gulf EEZ or South Atlantic EEZ 
and the sale or purchase of allowable octocoral in or from the Gulf EEZ 
or South Atlantic 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 valid charter vessel/
headboat permits for Gulf coastal migratory pelagic fish or South 
Atlantic coastal migratory pelagic fish and a valid commercial vessel 
permit for king or Spanish mackerel have been issued 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

[[Page 202]]

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 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 in paragraph (a)(2) of this section does not apply to 
allowable octocoral 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; 64 FR 59126, Nov. 2, 1999; 67 FR 
43565, June 28, 2002]



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[min] 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[min] N. lat. and 28[deg]47.8[min] 
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[min] N. lat. and 
25[deg]20.47[min] N. lat., which is a line directly east from the Miami-
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 75 fish from April 1 through October 31.

[[Page 203]]

    (iv) In the area between 25[deg]20.4[min] N. lat. and 25[deg]48[min] 
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 at any time or landed in a day from a vessel with a commercial 
permit for king mackerel as required under Sec. 622.4(a)(2)(iii) as 
follows:
    (A) From November 1 through January 31--not to exceed 50 fish.
    (B) Beginning on February 1 and continuing through March 31--
    (1) If 75 percent or more of the Florida east coast subzone quota as 
specified in Sec. 622.42(c)(1)(i)(A)(1) has been taken--not to exceed 50 
fish.
    (2) If less than 75 percent of the Florida east coast subzone quota 
as specified in Sec.  622.42(c)(1)(i)(A)(1) has been taken--not to 
exceed 75 fish.
    (ii) Eastern zone-Florida west coast subzone--(A) Gillnet gear. (1) 
In the southern 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), in amounts not exceeding 25,000 lb 
(11,340 kg) per day, provided the gillnet fishery for Gulf group king 
mackerel is not closed under Sec. 622.34(p) or Sec. 622.43(a).
    (2) In the southern 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 southern 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)(i).
    (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 quotas 
in Sec. 622.42(c)(1)(i)(A)(2)(i) or (c)(1)(i)(A)(2)(ii):
    (1) From July 1, each fishing year, until 75 percent of the 
respective northern or southern 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 respective northern or 
southern subzone's hook-and-line gear quota has been harvested, until a 
closure of the respective northern or southern 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:

[[Page 204]]

    (i) North of 30[deg]42[min]45.6[sec] 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[min]45.6[sec] 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 November 30, in amounts exceeding 3,500 lb 
(1,588 kg).
    (B) From December 1 until 75 percent of the adjusted quota is taken, 
in amounts as follows:
    (1) Mondays through Fridays--unlimited.
    (2) 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 quota is 3.62 million lb (1.64 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).
    (4) Red porgy. (i) From May 1 through December 31, 50 lb (22.7 kg).
    (ii) From January 1 through April 30, the seasonal harvest limit 
specified in Sec. 622.36(b)(5) applies.
    (5) Greater amberjack. Until the fishing year quota specified in 
Sec.  622.42(e)(3) is reached, 1,000 lb (454 kg). See Sec.  
622.43(a)(5)(i) for the limitations regarding greater amberjack after 
the fishing year quota is reached.
    (d) 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.

[[Page 205]]

    (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 (d)(1) through 
(d)(3) of this section.
    (ii) May not transfer or receive at sea red snapper in or from the 
Gulf.
    (e) 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; 64 FR 59126, Nov. 2, 1999; 65 FR 16341, Mar. 28, 2000; 65 FR 
30364, May 11, 2000; 65 FR 41016, July 3, 2000; 65 FR 51252, Aug. 23, 
2000; 65 FR 55205, Sept. 13, 2000; 66 FR 17370, Mar. 30, 2001]



Sec. 622.45  Restrictions on sale/purchase.

    In addition to restrictions on sale/purchase related to closures, as 
specified in Sec. 622.43 (a) and (b), restrictions on sale and/or 
purchase apply as follows.
    (a) Caribbean coral reef resource. (1) No person may sell or 
purchase a Caribbean prohibited coral harvested in the Caribbean EEZ.
    (2) A Caribbean prohibited coral that is sold in Puerto Rico or the 
U.S. Virgin Islands will be presumed to have been harvested in the 
Caribbean EEZ, unless it is accompanied by documentation showing that it 
was harvested elsewhere. Such documentation must contain:
    (i) The information specified in subpart K of part 300 of this title 
for marking containers or packages of fish or wildlife that are 
imported, exported, or transported in interstate commerce.
    (ii) The name and home port of the vessel, or the name and address 
of the individual, harvesting the Caribbean prohibited coral.
    (iii) The port and date of landing the Caribbean prohibited coral.
    (iv) A statement signed by the person selling the Caribbean 
prohibited coral attesting that, to the best of his or her knowledge, 
information, and belief, such Caribbean prohibited coral was harvested 
other than in the Caribbean EEZ or the waters of Puerto Rico or the U.S. 
Virgin Islands.
    (b) Caribbean reef fish. A live red hind or live mutton snapper in 
or from the Caribbean EEZ may not be sold or purchased and used in the 
marine aquarium trade.
    (c) Gulf reef fish. (1) A Gulf reef fish harvested in the EEZ on 
board a vessel that does not have a valid commercial permit for Gulf 
reef fish, as required under Sec. 622.4(a)(2)(v), or a Gulf reef fish 
possessed under the bag limits specified in Sec. 622.39(b), may not be 
sold or purchased.
    (2) A Gulf reef fish harvested on board a vessel that has a valid 
commercial permit for Gulf reef fish may be sold only to a dealer who 
has a valid permit for Gulf reef fish, as required under 
Sec. 622.4(a)(4).
    (3) A Gulf reef fish harvested in the EEZ may be purchased by a 
dealer who has a valid permit for Gulf reef fish, as required under 
Sec. 622.4(a)(4), only from a vessel that has a valid commercial permit 
for Gulf reef fish.
    (4) From February 15 until March 15, each year, no person may sell 
or purchase a gag, black grouper, or red grouper harvested from the Gulf 
by a vessel with a valid Federal commercial permit for Gulf reef fish. 
This prohibition on sale/purchase does not apply to gag, black grouper, 
or red grouper that were harvested, landed ashore, and sold prior to 
February 15 and were held in cold storage by a dealer or processor.
    (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.

[[Page 206]]

    (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 January, February, March, and April, no person may sell 
or purchase a red porgy 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 January through April does not apply to red porgy that 
were harvested, landed ashore, and sold prior to January 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 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;
    (iii) The port and date of offloading from the vessel harvesting the 
red porgy; and
    (iv) A statement signed by the dealer attesting that the red porgy 
was harvested from an area other than the South Atlantic.
    (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.
    (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 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

[[Page 207]]

was harvested from an area other than the South Atlantic.
    (e) Gulf and South Atlantic wild live rock. Wild live rock in or 
from the Gulf EEZ or South Atlantic EEZ may not be sold or purchased. 
The prohibition on sale or purchase does not apply to wild live rock 
from the South Atlantic EEZ that was harvested and landed prior to 
January 1, 1996, or to wild live rock from the Gulf EEZ that was 
harvested and landed prior to January 1, 1997.
    (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 or Spanish mackerel. A person may not 
sell or purchase a cut-off (damaged) king or Spanish mackerel that does 
not comply with the minimum size limits specified in Sec. 622.37(c)(2) 
or (c)(3), respectively, or that is in excess of the trip limits 
specified in Sec. 622.44(a) or (b), respectively.

[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; 64 FR 59126, Nov. 2, 1999; 65 FR 
16341, Mar. 28, 2000; 65 FR 31831, May 19, 2000; 65 FR 51253, Aug. 23, 
2000]



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 RA 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 RA 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[min] N. lat. and 27[deg]50.0[min] N. lat., 
the RA 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.

[61 FR 34934, July 3, 1996, as amended at 64 FR 59126, Nov. 2, 1999]



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

[[Page 208]]

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 RA may establish or modify the following items:
    (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 a species or species group: 
Age-structured analyses, target date for rebuilding an overfished 
species, MSY (or proxy), stock biomass achieved by fishing at MSY 
(BMSY) (or proxy), maximum fishing mortality threshold 
(MFMT), minimum stock size threshold (MSST), OY, TAC, quota (including a 
quota of zero), bag limit (including a bag limit of zero), size limits, 
vessel trip limits, closed seasons or areas and reopenings, gear 
restrictions (ranging from regulation to complete prohibition), 
reallocation of the commercial/recreational allocation of Atlantic group 
Spanish mackerel, permit requirements, definitions of essential fish 
habitat, and essential fish habitat HAPCs or Coral HAPCs.
    (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, quotas, 
MSY (or proxy), OY, and estimates of stock biomass achieved by fishing 
at MSY (BMSY), minimum stock size threshold (MSST), and 
maximum fishing mortality threshold (MFMT).
    (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. Biomass levels, 
age-structured analyses, target dates for rebuilding overfished species, 
MSY, ABC, TAC, quotas, trip limits, bag limits, minimum sizes, gear 
restrictions (ranging from regulation to complete prohibition), seasonal 
or area closures, definitions of essential fish habitat, essential fish 
habitat, essential fish habitat HAPCs or Coral HAPCs, and restrictions 
on gear and fishing activities applicable in essential fish habitat and 
essential fish habitat HAPCs.
    (g) South Atlantic golden crab. Biomass levels, age-structured 
analyses, MSY, ABC, TAC, quotas (including quotas equal to zero), trip 
limits, minimum sizes, gear regulations and restrictions, permit 
requirements, seasonal or area closures, sub-zones and their management 
measures, time frame for recovery of golden crab if overfished, fishing 
year (adjustment not to exceed 2 months), observer requirements, 
authority for the RA to close the fishery when a quota is reached or is 
projected to be reached, definitions of essential fish habitat, and 
essential fish habitat HAPCs or Coral HAPCs.
    (h) South Atlantic shrimp. Biomass levels, age-structured analyses, 
BRD certification criteria, BRD specifications, BRD testing protocol, 
certified BRDs, nets required to use BRDs, times and locations when the 
use of BRDs is required, definitions of essential fish habitat, and 
essential fish habitat HAPCs or Coral HAPCs.
    (i) Gulf shrimp. Bycatch reduction criteria, BRD certification and 
decertification criteria, BRD testing protocol, certified BRDs, and BRD 
specifications.
    (j) Gulf red drum. Target date for rebuilding an overfished species, 
MSY (or proxy), stock biomass achieved by fishing at MSY 
(BMSY), OY, TAC, minimum

[[Page 209]]

stock size threshold (MSST), maximum fishing mortality threshold (MFMT), 
escapement rates for juvenile fish, bag limits, size limits, gear 
harvest limits, and other restrictions required to prevent exceeding 
allocations or quotas.
    (k) Atlantic coast red drum. Definitions of essential fish habitat 
and essential fish habitat HAPCs or Coral HAPCs.
    (l) South Atlantic coral, coral reefs, and live/hard bottom 
habitats. Definitions of essential fish habitat and essential fish 
habitat HAPCs or Coral HAPCs.

[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; 65 FR 
31835, May 19, 2000; 65 FR 37296, June 14, 2000; 65 FR 51253, Aug. 23, 
2000; 67 FR 22362, May 3, 2002]

                 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
    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

[[Page 210]]

    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.
    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

[[Page 211]]

    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
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

[[Page 212]]

    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
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
    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

[[Page 213]]

    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; 64 FR 57404, Oct. 25, 1999]

                   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[min]   82[deg]48.0[min]
 waters north of Dry Tortugas.....
 2 North of Rebecca Shoal.........   25[deg]07.5[min]   82[deg]34.0[min]
 3 Off Sanibel Island--Offshore...   26[deg]26.0[min]   82[deg]59.0[min]
 4 West of Egmont Key.............   27[deg]30.0[min]   83[deg]21.5[min]
 5 Off Anclote Keys--Offshore.....   28[deg]10.0[min]   83[deg]45.0[min]
 6 Southeast corner of Florida       28[deg]11.0[min]   84[deg]00.0[min]
 Middle Ground....................
 7 Southwest corner of Florida       28[deg]11.0[min]   84[deg]07.0[min]
 Middle Ground....................
 8 West corner of Florida Middle     28[deg]26.6[min]   84[deg]24.8[min]
 Ground...........................
 9 Northwest corner of Florida       28[deg]42.5[min]   84[deg]24.8[min]
 Middle Ground....................
10 South of Carrabelle............   29[deg]05.0[min]   84[deg]47.0[min]
11 South of Cape St. George.......   29[deg]02.5[min]   85[deg]09.0[min]
12 South of Cape San Blas lighted    29[deg]21.0[min]   85[deg]30.0[min]
 bell buoy--20 fathoms............
13 South of Cape San Blas lighted    28[deg]58.7[min]   85[deg]30.0[min]
 bell buoy--50 fathoms............
14 De Soto Canyon.................   30[deg]06.0[min]   86[deg]55.0[min]
15 South of Pensacola.............   29[deg]46.0[min]   87[deg]19.0[min]
16 South of Perdido Bay...........   29[deg]29.0[min]   87[deg]27.5[min]
17 East of North Pass of the         29[deg]14.5[min]   88[deg]28.0[min]
 Mississippi River................
18 South of Southwest Pass of the    28[deg]46.5[min]   89[deg]26.0[min]
 Mississippi River................
19 Northwest tip of Mississippi      28[deg]38.5[min]   90[deg]08.5[min]
 Canyon...........................
20 West side of Mississippi Canyon   28[deg]34.5[min]   89[deg]59.5[min]
21 South of Timbalier Bay.........   28[deg]22.5[min]   90[deg]02.5[min]
22 South of Terrebonne Bay........   28[deg]10.5[min]   90[deg]31.5[min]
23 South of Freeport..............   27[deg]58.0[min]   95[deg]00.0[min]

[[Page 214]]

 
24 Off Matagorda Island...........   27[deg]43.0[min]   96[deg]02.0[min]
25 Off Aransas Pass...............   27[deg]30.0[min]   96[deg]23.5[min]
26 Northeast of Port Mansfield....   27[deg]00.0[min]   96[deg]39.0[min]
27 East of Port Mansfield.........   26[deg]44.0[min]   96[deg]37.5[min]
28 Northeast of Port Isabel.......   26[deg]22.0[min]   96[deg]21.0[min]
29 U.S./Mexico EEZ boundary.......   26[deg]00.5[min]  96[deg]24.5[min]
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[min]   82[deg]41.5[min]
 waters northeast of Dry Tortugas.
2 North of Marquesas Keys.........   24[deg]48.0[min]   82[deg]06.5[min]
3 Off Cape Sable..................   25[deg]15.0[min]   82[deg]02.0[min]
4 Off Sanibel Island--Inshore.....   26[deg]26.0[min]   82[deg]29.0[min]
5 Off Sanibel Island--Offshore....   26[deg]26.0[min]   82[deg]59.0[min]
6 West of Egmont Key..............   27[deg]30.0[min]   83[deg]21.5[min]
7 Off Anclote Keys--Offshore......   28[deg]10.0[min]   83[deg]45.0[min]
8 Off Anclote Keys--Inshore.......   28[deg]10.0[min]   83[deg]14.0[min]
9 Off Deadman Bay.................   29[deg]38.0[min]   84[deg]00.0[min]
10 Seaward limit of Florida's        29[deg]35.5[min]   84[deg]38.6[min]
 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[min]   85[deg]27.1[min]
 waters south of Cape San Blas....
12 Southwest of Cape San Blas.....   29[deg]30.5[min]   85[deg]52.0[min]
13 Off St. Andrew Bay.............   29[deg]53.0[min]   86[deg]10.0[min]
14 De Soto Canyon.................   30[deg]06.0[min]   86[deg]55.0[min]
15 South of Florida/Alabama border   29[deg]34.5[min]   87[deg]38.0[min]
16 Off Mobile Bay.................   29[deg]41.0[min]   88[deg]00.0[min]
17 South of Alabama/Mississippi      30[deg]01.5[min]   88[deg]23.7[min]
 border...........................
18 Horn/Chandeleur Islands........   30[deg]01.5[min]   88[deg]40.5[min]
19 Chandeleur Islands.............   29[deg]35.5[min]   88[deg]37.0[min]
20 Seaward limit of Louisiana's      29[deg]16.3[min]   89[deg]00.0[min]
 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[min]   89[deg]28.2[min]
 waters off Southwest Pass of the
 Mississippi River................
22 Southeast of Grand Isle........   29[deg]09.0[min]   89[deg]47.0[min]
23 Quick flashing horn buoy south    28[deg]32.5[min]   90[deg]42.0[min]
 of Isles Dernieres...............
24 Southeast of Calcasieu Pass....   29[deg]10.0[min]   92[deg]37.0[min]
25 South of Sabine Pass--10          29[deg]09.0[min]   93[deg]41.0[min]
 fathoms..........................
26 South of Sabine Pass--30          28[deg]21.5[min]   93[deg]28.0[min]
 fathoms..........................
27 East of Aransas Pass...........   27[deg]49.0[min]   96[deg]19.5[min]
28 East of Baffin Bay.............   27[deg]12.0[min]   96[deg]51.0[min]
29 Northeast of Port Mansfield....   26[deg]46.5[min]   96[deg]52.0[min]
30 Northeast of Port Isabel.......   26[deg]21.5[min]   96[deg]35.0[min]
31 U.S./Mexico EEZ boundary.......   26[deg]00.5[min]   96[deg]36.0[min]
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 215]]

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

[[Page 216]]

[GRAPHIC] [TIFF OMITTED] TR25JA99.001

 Figure 2 of Appendix C to Part 622--Illustration of Length Measurements

[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.

[[Page 217]]

    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 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

[[Page 218]]

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.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.

[[Page 219]]

The hoop must be laced with \3/8\-inch (0.95-cm) polypropylene or 
polyethylene rope for chaffing.
    (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

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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 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 Fishing areas.
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 Products denied entry.
635.46 Import requirements for 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,

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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.
    Bottom longline means a longline that is deployed with enough 
weights and/or anchors to maintain contact with the ocean bottom.
    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.
    Charleston Bump closed area means the Atlantic Ocean area seaward of 
the inner boundary of the U.S. EEZ from a point intersecting the inner 
boundary of the U.S. EEZ at 34[deg]00' N. lat. near Wilmington Beach, 
NC, and proceeding due east to connect by straight lines the following 
coordinates in the order stated: 34[deg]00' N. lat., 76[deg]00' W. 
long.; 31[deg]00' N. lat., 76[deg]00' W. long.; then proceeding due west 
to intersect the inner boundary of the U.S. EEZ at 31[deg]00' N. lat. 
near Jekyll Island, GA.
    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.
    Corrodible Hook means a fishing hook composed of any material other 
than stainless steel.
    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.

[[Page 222]]

    Designated by NMFS means the address or location indicated in a 
letter to permit holders or in a letter accompanying reporting forms.
    DeSoto Canyon closed area means the area within the Gulf of Mexico 
bounded by straight lines connecting the following coordinates in the 
order stated: 30[deg]00' N. lat., 88[deg]00' W. long.; 30[deg]00' N. 
lat., 86[deg]00' W. long.; 28[deg]00' N. lat., 86[deg]00' W. long.; 
28[deg]00' N. lat., 84[deg]00' W. long.; 26[deg]00' N. lat., 84[deg]00' 
W. long.; 26[deg]00' N. lat., 86[deg]00' W. long.; 28[deg]00' N. lat., 
86[deg]00' W. long.; 28[deg]00' N. lat., 88[deg]00' W. long.; 30[deg]00' 
N. lat., 88[deg]00' W. long.
    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.
    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.
    East Florida Coast closed area means the Atlantic Ocean area seaward 
of the inner boundary of the U.S. EEZ from a point intersecting the 
inner boundary of the U.S. EEZ at 31[deg]00[min] N. lat. near Jekyll 
Island, GA, and proceeding due east to connect by straight lines the 
following coordinates in the order stated: 31[deg]00[min] N. lat., 
78[deg]00[min] W. long.; 28[deg]17[min] N. lat., 79[deg]12[min] W. 
long.; then proceeding along the outer boundary of the EEZ to the 
intersection of the EEZ with 24[deg]00[min] N. lat.; then proceeding due 
west to the following coordinates: 24[deg]00[min] N. lat., 
81[deg]47[min] W. long.; then proceeding due north to intersect the 
inner boundary of the U.S. EEZ at 81[deg]47[min] W. long. near Key West, 
FL.
    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.
    Floatline means a line attached to a buoyant object that is used to 
support the mainline of a longline at a specific target depth.
     For-hire trip means a recreational fishing trip taken by a vessel 
with an Atlantic HMS Charter/Headboat permit during which paying 
passenger(s) are aboard; or, for uninspected vessels, trips during which 
there are more than

[[Page 223]]

three persons aboard, including operator and crew; or, for vessels that 
have been issued a Certificate of Inspection by the U.S. Coast Guard to 
carry passengers for hire, trips during which there are more persons 
aboard than the number of crew specified on the vessel's Certificate of 
Inspection.
    Gangion means a line that serves to attach a hook, suspended at a 
specific target depth, to the mainline of a longline.
    Giant BFT means an Atlantic BFT measuring 81 inches (206 cm) CFL or 
greater.
    Handgear means handline, harpoon, rod and reel or bandit gear.
    Handline means fishing gear that consists of a mainline to which no 
more than two leaders (gangions) with hooks are attached, and that is 
released and retrieved by hand, rather than by mechanical means.
    High-flyer means a flag, radar reflector or radio beacon 
transmitter, suitable for attachment to a longline to facilitate its 
location and retrieval.
    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 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.
    Longline means fishing gear that is set horizontally, either 
anchored, floating, or attached to a vessel, and that consists of a 
mainline or groundline with three or more leaders (gangions) and hooks, 
whether retrieved by hand or mechanical means.
    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.
    Net check refers to a visual inspection of a shark gillnet where the 
vessel operator transits the length of the gear and inspects it either 
with a spotlight or by pulling up the gear.

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    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.
    Northeast Distant closed area means the Atlantic Ocean area bounded 
by straight lines connecting the following coordinates in the order 
stated: 35[deg]00[min] N. lat., 60[deg]00[min] W. long.; 55[deg]00[min] 
N. lat., 60[deg]00[min] W. long.; 55[deg]00[min] N. lat., 20[deg]00[min] 
W. long.; 35[deg]00[min] N. lat., 20[deg]00[min] W. long.; 
35[deg]00[min] N. lat., 60[deg]00[min] W. long.
    Northeastern United States closed area means the area bounded by 
straight lines connecting the following coordinates in the order stated: 
40[deg]00[min] N. lat., 74[deg]00[min] W. long.; 40[deg]00[min] N. lat., 
68[deg]00[min] W. long.; 39[deg]00[min] N. lat., 68[deg]00[min] W. 
long.; and 39[deg]00[min] N. lat., 74[deg]00[min] 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 longline means a longline that is suspended by floats in the 
water column and that is not fixed to or in contact with the ocean 
bottom.
    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 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.

[64 FR 29135, May 28, 1999, as amended at 65 FR 47237, Aug. 1, 2000; 66 
FR 8904, Feb. 5, 2001; 67 FR 45400, July 9, 2002; 67 FR 77436, Dec. 18, 
2002]

[[Page 225]]



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. In certain cases, additional 
permits may be required to authorize these same or related activities 
under federal, state or local jurisdictions.
    (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 HMS when engaged 
in recreational fishing and to fish for, take, retain or possess 
Atlantic tunas, swordfish, or sharks when engaged in commercial fishing. 
The vessel operator must make such permit available for inspection upon 
request by NMFS or by 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 
required 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 HMS Charter/Headboat permit and/or 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 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

[[Page 226]]

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.
    (10) Permit condition. An owner issued a swordfish or shark permit 
pursuant to this part must agree, as a condition of such permit, that 
the vessel's swordfish or 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, or 
outside the EEZ, and without regard to where such swordfish or shark, or 
gear are possessed, taken or landed. However, when a vessel fishes 
within the waters of a state that has more restrictive regulations on 
swordfish or shark fishing, persons aboard the vessel must abide by the 
state's more restrictive regulations.
    (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. A vessel issued an HMS 
Charter/Headboat permit for a fishing year shall not be issued an HMS 
Angling permit or an Atlantic Tunas permit in any category for that same 
fishing year, regardless of a change in the vessel's ownership.
    (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) HMS Angling permits. The owner of each vessel used to fish 
recreationally for Atlantic HMS or on which Atlantic HMS are retained or 
possessed, must obtain an HMS Angling permit. Atlantic HMS caught, 
retained, possessed, or landed by persons on board vessels with an HMS 
Angling permit may not be sold or transferred to any person for a 
commercial purpose. A vessel issued an HMS Angling permit for a fishing 
year shall not be issued an HMS Charter/Headboat permit or an Atlantic 
Tunas permit in any category for that same fishing year, regardless of a 
change in the vessel's ownership. An Atlantic Tunas Angling category 
permit issued for the 2002 fishing year shall meet the vessel permit 
requirements of this paragraph through May 31, 2003.
    (d) Atlantic Tunas vessel permits. (1) The owner of each vessel used 
to fish for or take Atlantic tunas commercially or on which Atlantic 
tunas are retained or possessed with the intention of sale must obtain 
an HMS Charter/Headboat permit issued under paragraph (b) of this 
section, or an Atlantic tunas permit in one, and only one, of the 
following categories: General, Harpoon, Longline, Purse Seine, or Trap.
    (2) Persons aboard a vessel with a valid Atlantic Tunas, HMS 
Angling, or 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 has a valid permit in the General, 
Harpoon, Longline, Purse Seine, or Trap category of the Atlantic Tunas 
permit or a valid HMS Charter/Headboat permit.
    (3) A vessel issued an Atlantic Tunas permit in any category for a 
fishing year shall not be issued an HMS Angling permit, HMS Charter/
Headboat permit, or an Atlantic Tunas permit in any other category for 
that same fishing year, 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.

[[Page 227]]

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.
    (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.
    (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, HMS Angling, and HMS Charter/Headboat 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.

[[Page 228]]

    (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 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.

[[Page 229]]

    (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.
    (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)

[[Page 230]]

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.
    (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 dealer 
permit for Atlantic tunas, sharks, and swordfish, and for an Atlantic 
HMS Angling, HMS Charter/Headboat, tunas, shark, or swordfish vessel 
permit. Except as specified in the instructions for automated renewals, 
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; 65 
FR 47238, Aug. 1, 2000; 66 FR 30652, June 7, 2001; 67 FR 77436, Dec. 18, 
2002]



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(b), (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

[[Page 231]]

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 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, 
immediately upon 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 affixes a dealer tag as 
required under paragraph (b)(2)(ii) of this section and reports the BFT 
as being landed but not sold on the reports required under paragraph 
(b)(2)(i) of this section. If a vessel is placed on a trailer, the 
person must contact a NMFS enforcement agent, or the BFT must have a 
dealer tag affixed to it by a permitted Atlantic tunas dealer, 
immediately upon the vessel being removed from the water. 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.
    (4) Pelagic longline sea turtle reporting. The operators of vessels 
that have pelagic longline gear on board and that have been issued, or 
are required to have, a limited access swordfish, shark, and tuna 
longline category permit for use in the Atlantic Ocean including the 
Caribbean Sea and the Gulf of Mexico are required to report any sea 
turtles that are dead when they are captured or that die during capture 
to the NOAA Fisheries Southeast Fisheries Science Center Observer 
Program, at a number designated by NOAA Fisheries, within 48 hours of 
returning to port, in addition to submitting all other reporting forms 
required by this part and 50 CFR parts 223 and 224.
    (5) Shark gillnet whale reporting. The vessel operators of vessels 
that are shark gillnetting, as defined by 50 CFR 229.2, and that have 
been issued, or are required to have, shark directed or incidental 
limited access permits for use in the Atlantic Ocean including the 
Caribbean Sea and the Gulf of Mexico are required to contact the NOAA 
Fisheries Southeast Regional Office, at a number designated by NOAA 
Fisheries, if a listed whale is taken, in addition to submitting all 
other reporting forms required by this part and 50 CFR part 229.
    (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 have been issued an Atlantic 
tunas, swordfish and/or sharks dealer permit under Sec. 635.4 must 
submit to NMFS all reports required under this section.
    (ii) Dealers that import bluefin tuna and/or swordfish must report 
all such species imported on forms available from NMFS.

[[Page 232]]

    (iii) Reports of Atlantic tunas, Atlantic swordfish, and/or Atlantic 
sharks received by dealers from U.S. vessels, or reports of bluefin tuna 
and swordfish imported, on the first through the 15th of each month, 
must be postmarked not later than the 25th of that month. Reports of 
such fish received or imported 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)(ii) of this 
section. If a dealer issued an Atlantic tunas, swordfish or sharks 
dealer permit under Sec. 635.4 has not received any Atlantic HMS from 
U.S. vessels during a reporting period as specified in this section, he 
or she must still submit the report required under paragraph (b)(1)(i) 
of this section stating that no Atlantic HMS were received. This 
negative report must be postmarked for the applicable reporting period 
as specified in this section. This negative reporting requirement does 
not apply for BFT.
    (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 bluefin tuna--(i) Dealer reports--(A)Landing 
reports. Each dealer issued an Atlantic tunas permit under Sec. 635.4 
must submit a completed landing report on a form available from NMFS for 
each BFT received from a U.S. fishing vessel. Such report must be 
submitted by electronic facsimile (fax) to a number designated by NMFS 
not later than 24 hours after receipt of the BFT. The landing report 
must indicate the name and permit number of the vessel that landed the 
BFT and must be signed by the permitted vessel's owner or operator 
immediately upon transfer of the BFT. 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.
    (B) Bi-weekly reports. Each dealer issued an Atlantic tunas permit 
under Sec. 635.4 must submit a bi-weekly report on forms supplied by 
NMFS for BFT received from U.S. vessels and for imports of bluefin tuna. 
For BFT received from U.S. vessels and for bluefin tuna imported on the 
first through the 15th of each month, the dealer must submit the bi-
weekly report forms to NMFS postmarked not later than the 25th of that 
month. Reports of BFT received and bluefin tuna imported 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 from a U.S. vessel 
immediately upon offloading the BFT. If a vessel is placed on a trailer, 
the dealer or dealer's agent must affix the dealer tag to the BFT 
immediately upon the vessel being removed from the water. The dealer tag 
must be affixed to the BFT 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 bluefin tuna must remain on the fish until it is cut into 
portions. If the bluefin tuna or bluefin tuna parts subsequently are 
packaged for transport for domestic commercial use or for export, the 
number of the dealer tag or the BSD tag must be written legibly and 
indelibly

[[Page 233]]

on the outside of any package containing the tuna. Such tag number also 
must be recorded on any document accompanying the shipment of bluefin 
tuna 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. All bluefin tuna, billfish, and North Atlantic 
swordfish non-tournament landings must be reported as specified under 
paragraphs (c)(1) or (c)(2) of this section, unless an alternative 
recreational catch reporting system has been established as specified 
under paragraph (c)(3) of this section. Tournament landings must be 
reported as specified under paragraph (d) of this section.
    (1) Bluefin tuna. The owner of a vessel permitted, or required to be 
permitted, in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat 
category must report all BFT landings under the Angling category quota 
designated at Sec. 635.27(a) through the NMFS automated catch reporting 
system within 24 hours of the landing. Such reports may be made by 
calling 1-888-872-8862 or by submitting the required information over 
the Internet at: www.nmfspermits.com.
    (2) Billfish and North Atlantic Swordfish. Anglers must report all 
non-tournament landings of Atlantic blue marlin, Atlantic white marlin, 
Atlantic sailfish and North Atlantic swordfish, including those landed 
on a charter/headboat, to NMFS by calling 1-800-894-5528 within 24 hours 
of the landing. For telephone reports, a contact phone number must be 
provided so that NMFS can call the angler back for follow up questions 
and to provide a confirmation of the reported landing. The landing 
telephone report has not been completed unless the angler has received a 
confirmation number from a NMFS' designee.
    (3) Alternative recreational catch reporting. Alternative 
recreational catch reporting procedures may be established by NMFS with 
cooperation from states which may include such methodologies as 
telephone, dockside or mail surveys, mail in or phone-in reports, 
tagging programs, catch cards, or mandatory check-in stations. A census 
or a statistical sample of persons fishing under the recreational 
fishing regulations of this part may be used for these alternative 
reporting programs (after the programs have received Paperwork Reduction 
Act approval from OMB). Persons or vessel owners selected for reporting 
will be notified by NMFS or by the cooperating state agency of the 
requirements and procedures for reporting recreational catch. Each 
person so notified must comply with those requirements and procedures. 
Additionally, NMFS may determine that recreational landing reporting 
systems implemented by the states, if mandatory, at least as 
restrictive, and effectively enforced, are sufficient for recreational 
landing monitoring as required under this part. 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 requirements of paragraph (c) of this section.
    (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

[[Page 234]]

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 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; 66 
FR 30653, June 7, 2001; 66 FR 42804, Aug. 15, 2001; 67 FR 45400, July 9, 
2002; 67 FR 77437, Dec. 18, 2002; 68 FR 714, Jan. 7, 2003; 68 FR 37773, 
June 25, 2003]



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, other than an HMS 
Angling permit, must display the vessel 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) in length; at least 10 inches (25.4 cm) in height for all other 
vessels over 25 ft (7.6 m) in length; and at least 3 inches (7.6 cm) in 
height for vessels 25 ft (7.6 m) in length or less.
    (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, HMS Angling, or HMS Charter/
Headboat 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.

[64 FR 29135, May 28, 1999, as amended at 66 FR 42804, Aug. 15, 2001; 67 
FR 77437, Dec. 18, 2002]



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

[[Page 235]]

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 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, so long 
as the waiver is consistent with other applicable laws. 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.
    (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; 66 
FR 17372, Mar. 30, 2001]



                        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

[[Page 236]]

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.
    (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

[[Page 237]]

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:
    (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

[[Page 238]]

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 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 239]]



                     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 for a vessel 
that has been issued a limited access North Atlantic swordfish permit 
under Sec. 635.4. The LJFL will be the sole criterion for determining 
the size of whole (head on) North Atlantic swordfish for a vessel that 
has not been issued a limited access North Atlantic swordfish permit 
under Sec. 635.4. If the head or tail of an North Atlantic swordfish has 
been removed prior to or at the time of landing, the CK or minimum 
weight standard shall be applied in all cases.
    (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, 47 inches (119 cm), LJFL, 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, 47 inches (119 cm), LJFL, 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

[[Page 240]]

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; 66 
FR 42804, Aug. 15, 2001; 68 FR 714, Jan. 7, 2003]

    Effective Date Note: At 67 FR 78993, Dec. 27, 2002, in Sec. 635.20, 
paragraph (e)(1) was suspended, effective Dec. 31, 2002 through June 30, 
2003. At 68 FR 31983, May 29, 2003, the expiration date was extended 
from June 30, 2003, to Dec. 29, 2003.



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.
    (3) Operators of all vessels that have pelagic or bottom longline 
gear on board and that have been issued, or are required to have, a 
limited access swordfish, shark, or tuna longline category permit for 
use in the Atlantic Ocean including the Caribbean Sea and the Gulf of 
Mexico must post inside the wheelhouse the sea turtle handling and 
release guidelines provided by NOAA Fisheries.
    (4) No person may fish for, catch, possess or retain any Atlantic 
highly migratory species or anchor a fishing vessel, issued a permit or 
required to be permitted under this part, in the areas designated at 
Sec. 622.34(d) of this chapter.
    (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. For purposes of this part, a vessel is 
considered to have pelagic longline gear on board when a power-operated 
longline hauler, a mainline, floats capable of supporting the mainline, 
and leaders (gangions) with hooks are on board. Removal of any one of 
these elements constitutes removal of pelagic longline gear. If a vessel 
issued a permit under this part is in a closed area designated under 
paragraph (c)(2) of this section with pelagic longline gear on board, it 
is a rebuttable presumption that fish on board such vessel were taken 
with pelagic longline gear in the closed area.
    (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) If pelagic longline gear is on board a vessel issued a permit 
under this part, persons aboard that vessel may not fish or deploy any 
type of fishing gear in:
    (i) The Northeastern United States closed area from June 1 through 
June 30 each calender year;
    (ii) In the Charleston Bump closed area from March 1 through April 
30, 2001, and from February 1 through April 30 each calender year 
thereafter;
    (iii) In the East Florida Coast closed area at any time beginning at 
12:01 a.m. on March 1, 2001;
    (iv) In the DeSoto Canyon closed area at any time beginning at 12:01 
a.m. on November 1, 2000;
    (v) In the Northeast Distant closed area at any time beginning at 
12:01 a.m. on July 9, 2002.
    (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.
    (4) In the Gulf of Mexico: pelagic longline gear may not be fished 
or deployed from a vessel issued a permit under this part with live bait 
affixed to the hooks; and, a person aboard a vessel issued a permit 
under this part that

[[Page 241]]

has pelagic longline gear on board shall not maintain live baitfish in 
any tank or well on board the vessel and shall not possess live 
baitfish, and shall not set up or attach an aeration or water 
circulation device in or to any such tank or well. For the purposes of 
this section, the Gulf of Mexico includes all waters of the U.S. EEZ 
west and north of the boundary stipulated at 50 CFR 600.105(c).
    (5) The operator of a vessel required to be permitted under this 
part and that has pelagic longline gear on board must undertake the 
following sea turtle bycatch mitigation measures:
    (i) Possession and use of required mitigation gear. Line clippers 
meeting minimum design standards as specified in paragraph (c)(5)(i)(A) 
of this section and dipnets meeting minimum standards prescribed in 
paragraph (c)(5)(i)(B) of this section must be carried on board and must 
be used to disengage any hooked or entangled sea turtles in accordance 
with the requirements specified in paragraph (c)(5)(ii) of this section.
    (A) Line clippers. Line clippers are intended to cut fishing line as 
close as possible to hooked or entangled sea turtles. NMFS has 
established minimum design standards for line clippers. The Arceneaux 
line clipper is a model that meets these minimum design standards and 
may be fabricated from readily available and low-cost materials (65 FR 
16347, March 28, 2000). The minimum design standards for line clippers 
are as follows:
    (1) A protected cutting blade. The cutting blade must be curved, 
recessed, contained in a holder, or otherwise designed to minimize 
direct contact of the cutting surface with sea turtles or users of the 
cutting blade.
    (2) Cutting blade edge. The blade must be able to cut 2.0-2.1 mm 
monofilament line and nylon or polypropylene multistrand material 
commonly known as braided mainline or tarred mainline.
    (3) An extended reach holder for the cutting blade. The line clipper 
must have an extended reach handle or pole of at least 6 ft (1.82 m).
    (4) Secure fastener. The cutting blade must be securely fastened to 
the extended reach handle or pole to ensure effective deployment and 
use.
    (B) Dipnets. Dipnets are intended to facilitate safe handling of sea 
turtles and access to sea turtles for purposes of cutting lines in a 
manner that prevents injury and trauma to sea turtles. The minimum 
design standards for dipnets are as follows:
    (1) Extended reach handle. The dipnet must have an extended reach 
handle of at least 6 ft (1.82 m) of wood or other rigid material able to 
support a minimum of 100 lbs (34.1 kg) without breaking or significant 
bending or distortion.
    (2) Size of dipnet. The dipnet must have a net hoop of at least 31 
inches (78.74 cm) inside diameter and a bag depth of at least 38 inches 
(96.52 cm). The bag mesh openings may not exceed 3 inches x 3 inches 
(7.62 cm x 7.62 cm).
    (ii) Handling requirements. (A) The dipnets required by this 
paragraph should be used to facilitate access and safe handling of sea 
turtles where feasible. The line clippers must be used to disentangle 
sea turtles from fishing gear or to cut fishing line as close as 
possible to a hook that cannot be removed without causing further 
injury.
    (B) When practicable, active and comatose sea turtles must be 
brought on board immediately, with a minimum of injury, and handled in 
accordance with the procedures specified in Sec. 223.206(d) (1).
    (C) If a sea turtle is too large or hooked in a manner that 
precludes safe boarding without causing further damage or injury to the 
turtle, line clippers described in paragraph (c)(5)(i)(A) of this 
section must be used to clip the line and remove as much line as 
possible prior to releasing the turtle.
    (iii) Gear modifications. The following measures are required of 
vessel operators to reduce the incidental capture and mortality of sea 
turtles:
    (A) Gangion length. The length of any gangion on vessels that have 
pelagic longline gear on board and that have been issued, or are 
required to have, a limited access swordfish, shark, or tuna longline 
category permit for use in the Atlantic Ocean including the Caribbean 
Sea and the Gulf of Mexico must be at least 10 percent longer than any 
floatline length if the total length of any gangion plus the total 
length of any floatline is less than 100 meters.

[[Page 242]]

    (B) Corrodible hooks. Vessels that have pelagic longline gear on 
board and that have been issued, or are required to have, a limited 
access swordfish, shark, or tuna longline category permit for use in the 
Atlantic Ocean including the Caribbean Sea and the Gulf of Mexico must 
only have corrodible hooks on board.
    (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 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, except during net checks.
    (v) Both the observer and vessel operator are responsible for 
sighting whales. If a listed whale is taken, the vessel operator must 
cease fishing operations immediately and contact

[[Page 243]]

NOAA Fisheries as required in Sec. 635.5(a)(5).
    (vi) Vessel operators are required to conduct net checks every 0.5 
to 2 hours to look for and remove any sea turtles or marine mammals.
    (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.
    (iv) Except for persons aboard a vessel that has been issued a 
limited access North Atlantic swordfish permit under Sec. 635.4, no 
person may fish for North Atlantic swordfish with, or possess a North 
Atlantic swordfish taken by, any gear other than handline or rod and 
reel.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 65 
FR 47238, Aug. 1, 2000; 66 FR 8904, Feb. 5, 2001; 66 FR 17372, Mar. 30, 
2001; 67 FR 45400, July 9, 2002; 67 FR 47469, July 19, 2002; 68 FR 714, 
Jan. 7, 2003]



Sec. 635.22  Recreational retention limits.

    (a) General. Atlantic HMS caught, possessed, retained, or landed 
under these recreational limits may not be sold or transferred to any 
person for a commercial purpose. 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, to a North Atlantic swordfish taken from or possessed in the 
Atlantic Ocean, and to bluefin and 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 for 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.
    (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(e), 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. 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 limited access 
vessel permit under Sec. 635.4 for Atlantic sharks. If an Atlantic shark 
quota is closed under Sec. 635.28, the recreational retention limit for 
sharks may be applied to persons aboard a vessel issued an Atlantic 
shark LAP under Sec. 635.4, only if that vessel has also been issued an 
HMS Charter/Headboat permit issued under Sec. 635.4 and is engaged in a 
for-hire trip.
    (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 per person may be possessed on board a vessel. The 
recreational retention limit for yellowfin tuna applies to a person who 
fishes in any manner, except to a person aboard a vessel issued an 
Atlantic Tunas vessel permit under Sec. 635.4. The recreational 
retention limit for yellowfin tuna applies to persons, including captain 
and crew, aboard a vessel that has been issued an Atlantic HMS Charter/
Headboat permit only when the vessel is engaged in a for-hire trip.

[[Page 244]]

    (e) Bluefin tuna. Refer to Sec. 635.23 for Atlantic bluefin tuna 
recreational retention limits.
    (f) North Atlantic swordfish. One North Atlantic swordfish per 
person up to three per vessel per day may be retained. Regardless of the 
length of a trip, no more than the daily limit of North Atlantic 
swordfish may be possessed on board a vessel. The recreational retention 
limit for North Atlantic swordfish applies to a person who fishes in any 
manner, except to a person aboard a vessel that has been issued a 
limited access North Atlantic swordfish permit under Sec. 635.4.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37704, July 13, 1999; 66 
FR 8904, Feb. 5, 2001; 67 FR 77437, Dec. 18, 2002; 68 FR 714, Jan. 7, 
2003]



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 been issued a 
General category Atlantic Tunas permit may fish for, possess, retain, 
land, or sell a BFT of any size class, and tag-and-release fishing for 
BFT under Sec. 635.26 is not authorized from such vessel. On days other 
than RFDs, and 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.
    (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, except that previously 
designated RFDs may be waived effective upon closure of the General 
category fishery so that persons aboard vessels permitted in the General 
category may conduct tag-and-release fishing for BFT under Sec. 635.26.
    (b) Angling category. BFT may be retained and landed under the daily 
limits and quotas applicable to the Angling category by persons aboard 
vessels issued an HMS Angling permit 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. (i) No school, large 
school, or small medium BFT may be retained, possessed, landed, or sold 
in the Gulf of Mexico.
    (ii) One school, large school, or small medium BFT per vessel per 
day may be retained, possessed, or landed outside the Gulf of Mexico. 
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.

[[Page 245]]

    (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 in retention limit will be based on a review of 
daily landing trends, availability of the species on the fishing 
grounds, and any other relevant factors. Such adjustments to the 
retention limits may be applied separately for persons aboard a specific 
vessel type, such as private vessels, headboats or charter boats. 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 Charter/Headboat. Persons aboard a vessel issued an HMS 
Charter/Headboat permit may retain and land BFT under the daily limits 
and quotas 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 been issued an HMS 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 when fishing for other 
species. For vessels fishing North or South of 31[deg]00[min] N. lat., 
limits on retention, possession, landing and sale are as follows:
    (1) One large medium or giant BFT per vessel per trip may be landed, 
provided that at least 2,000 lb (907 kg) 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. Two large medium or giant 
BFT per vessel per trip may be landed, provided that at least 6,000 lb 
(2,727 kg) 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. Three large medium or giant BFT per vessel per trip may be 
landed, provided that at least 30,000 lb (13,620 kg) of species other 
than BFT are legally caught, retained, and offloaded from the same trip 
and are

[[Page 246]]

recorded on the dealer weighout slip as sold.
    (2) NMFS may increase or decrease the Longline category retention 
limit of large medium and giant BFT over a range from zero to a maximum 
of three per trip, or, for a given BFT retention limit, increase or 
decrease the target catch requirement by 25 percent from the level 
specified in paragraph (f)(1) of this section. Such increase or decrease 
in the BFT retention limit or target catch requirement will be based on 
a review of dealer reports, observer reports, vessel logbooks, landing 
trends, availability of the species on the fishing grounds, and any 
other relevant factors, and will consider the likelihood of increasing 
dead discards of BFT and/or exceeding the incidental landings quota 
established for the pelagic longline fishery. Such adjustments may be 
made separately for vessels fishing North or South of 31[deg]00[min] N. 
lat. NMFS will adjust the retention limits and target catch requirements 
specified in paragraph (f)(1) of this section by filing the adjustment 
with the Office of the Federal Register for publication. In no case 
shall such adjustment be effective less than 21 calendar days after the 
adjustment is filed with the Office of the Federal Register for 
publication.
    (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.

[64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000; 67 
FR 77438, Dec. 18, 2002; 68 FR 32417, May 30, 2003]



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.
    (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  Fishing areas.

    (a) General. Persons on board fishing vessels subject to the 
jurisdiction of the United States are authorized to fish for, catch, 
retain, or land species governed by an international catch sharing 
agreement implemented under this part only in or from those management 
areas for which the United States has received an allocation.
    (b) Exemptions. Persons and vessels subject to the jurisdiction of 
the United States intending to fish for regulated species in fishing 
areas not otherwise authorized under this part, whether for the purposes 
of scientific research or commercial fishing under a chartering 
arrangement, must have a permit from NMFS issued under Sec. 635.32.
    (c) Atlantic bluefin tuna. No person aboard a U.S. fishing vessel 
shall fish for bluefin tuna in, or possess on board that fishing vessel 
a bluefin tuna taken from, the Mediterranean Sea.

[67 FR 70026, Nov. 20, 2002]



Sec. 635.26  Catch and release.

    (a) BFT. (1) Notwithstanding the other provisions of this part, a 
person aboard a vessel issued a permit under this part, other than a 
person aboard a

[[Page 247]]

vessel permitted in the General category on a designated RFD, may fish 
with rod and reel or handline gear for BFT under a tag and release 
program, provided the person 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 
persons 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.

[64 FR 29135, May 28, 1999, as amended at 65 FR 42887, July 12, 2000]



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, HMS Angling 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; 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. NMFS may apportion a landings quota allocated to 
any category to specified fishing periods or to 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 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 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

[[Page 248]]

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[min] W. long (Shinnecock Inlet) and running SSE 150[deg] true, and 
north of 38[deg]47[min] 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 December 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[min] W. long. (Shinnecock Inlet) and running 
SSE 150 true, and north of 38[deg]47[min] 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 HMS Angling permit or an HMS 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, 52.8 percent of the 
school BFT Angling category landings quota, after adjustment for the 
school BFT quota held in reserve, may be caught, retained, possessed, or 
landed south of 39[deg]18[min] N. lat., with the remaining quota being 
available to the fisheries north of the dividing line.
    (ii) An amount equal to 52.8 percent of the large school/small 
medium BFT Angling category quota may be caught, retained, possessed, or 
landed south of 39[deg]18[min] N. lat., with the remaining quota being 
available to the fisheries north of the dividing line.
    (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 39[deg]18[min] N. lat., with the remaining quota being 
available to the fisheries north of the dividing line.
    (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. In the 
initial quota specifications issued under paragraph (a) of this section, 
no more than 60.0 percent of the Longline category quota may be 
allocated for landing in the area south of 31[deg]00[min] 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. The 
directed purse seine fishery for BFT 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

[[Page 249]]

quota. The application must be postmarked no later than April 15 for an 
allocation of the quota that becomes available on June 1.
    (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, adjusted as necessary to account for underharvest or 
overharvest by each participating vessel or the vessel it replaces from 
the previous fishing year, consistent with paragraph (a)(9)(i) of this 
section. Such allocations are freely transferable, in whole or in part, 
among vessels that have Purse Seine category Atlantic Tunas permits. Any 
purse seine vessel permit holder intending to land bluefin tuna under an 
allocation transferred from another purse seine vessel permit holder 
must provide written notice of such intent to NMFS, at an address 
designated by NMFS, 3 days before landing any such bluefin tuna. Such 
notification must include the transfer date, amount (mt) transferred, 
and the permit numbers of vessels involved in the transfer. Trip or 
seasonal catch limits otherwise applicable under Sec. 635.23(e) are not 
altered by transfers of bluefin tuna allocation. Purse seine vessel 
permit holders who, through landing and/or transfer, have no remaining 
bluefin tuna allocation may not use their permitted vessels in any 
fishery in which Atlantic bluefin tuna might be caught, regardless of 
whether retained.
    (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.
    (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.

[[Page 250]]

    (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, with the exception of the Purse Seine category, 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. For the Purse Seine category, 
if NMFS determines, based on landings statistics and other available 
information, that a purse seine vessel's allocation, as adjusted, has 
been exceeded or has not been reached, NMFS shall subtract the 
overharvest from, or add the underharvest to, that vessel's allocation 
for the following fishing year.
    (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:

[[Page 251]]

    (A) Ridgeback shark--310 mt dw.
    (B) Non-ridgeback shark-98 mt dw.
    (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, 273 mt dw for blue sharks, and 
488 mt dw for pelagic sharks other than porbeagle or blue sharks (unless 
otherwise specified in the Federal Register as provided in paragraph 
(b)(1)(iv) of this section). These quotas are divided between two 
semiannual periods, January 1 through June 30, and July 1 through 
December 31. The quotas for each semiannual period are as follows:
    (A) Porbeagle shark-46 mt dw.
    (B) Blue sharks-136.5 mt dw.
    (C) Pelagic sharks, other than porbeagle or blue sharks-244 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.
    (v) Large coastal sharks. The annual commercial quota for large 
coastal sharks is 1,714 mt dw, apportioned between ridgeback and non-
ridgeback sharks 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 semiannual 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 391.5 mt dw.
    (B) Non-ridgeback shark 465.5 mt dw.
    (vi) Small coastal sharks. The annual commercial quota for small 
coastal shark is 326 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 163 
mt dw.
    (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) Categories. 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 equal semi-
annual directed fishery quotas, an annual incidental catch quota for 
fishermen targeting other species and, as needed, a reserve category. In 
addition, a dead discard allowance is established for the North Atlantic 
swordfish stock.
    (i) North Atlantic swordfish. (A) 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

[[Page 252]]

issued is counted against the directed fishery quota. The annual 
directed fishery quota for the North Atlantic swordfish stock is 1,919 
mt dw for each fishing year beginning June 1, 2000. The annual directed 
fishery quota is subdivided into two equal semiannual quotas of 959.5 mt 
dw, one for June 1 through November 30, and the other for December 1 
through May 31 of the following year.
    (B) A swordfish from the North Atlantic swordfish stock landed by a 
vessel for which an incidental catch permit for swordfish has been 
issued, landed by fishermen without swordfish permits 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 annual incidental catch quota for the 
North Atlantic swordfish stock is 300 mt dw.
    (C) The dead discard allowance for the North Atlantic swordfish 
stock is: 320 mt ww for the fishing year beginning June 1, 2000; 240 mt 
ww for the fishing year beginning June 1, 2001; and 160 mt ww for the 
fishing year beginning June 1, 2002. All swordfish discarded dead from 
U.S. fishing vessels, regardless of whether such vessels are permitted 
under this part, shall be counted against the allowance.
    (D) A portion of the total allowable catch of North Atlantic 
swordfish may be held in reserve for inseason adjustments to fishing 
categories, to compensate for projected or actual overharvest in any 
category, for fishery independent research, or for other purposes 
consistent with management objectives.
    (ii) South Atlantic swordfish. The annual directed fishery quota for 
the South Atlantic swordfish stock is 289 mt dw. The entire quota for 
the South Atlantic swordfish stock is reserved for pelagic longline 
vessels for which a directed fishery permit for swordfish has been 
issued; retention of swordfish caught incidental to other fishing 
activities or with other fishing gear is prohibited in the Atlantic 
Ocean south of 5[deg] N. lat.
    (2) Inseason adjustments. (i) NMFS may adjust the December 1 through 
May 31 semiannual directed fishery quota or, as applicable, the reserve 
category, to reflect actual directed fishery and incidental fishing 
category catches during the June 1 through November 30 semiannual 
period.
    (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 or to the reserve.
    (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 or the reserve as necessary to maintain 
landings and discards within the required annual limits.
    (iv) NMFS will file with the Office of the Federal Register for 
publication notification of any inseason swordfish quota adjustment and 
its apportionment to fishing categories or to the reserve made under 
this paragraph (c)(2) of this section.
    (3) Annual adjustments. (i) Except for the carryover provisions of 
paragraphs (c)(3)(ii) and (iii) 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 Tunas, 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. As necessary to meet management 
objectives, such carryover adjustments may be apportioned to fishing 
categories and/or to the reserve. 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).

[[Page 253]]

    (iii) The dressed weight equivalent of the amount by which dead 
discards exceed the allowance specified at paragraph (c)(1)(i)(C) of 
this section shall be subtracted from the landings quota in the 
following fishing year or from the reserve category. NMFS will file with 
the Office of the Federal Register for publication notification of any 
adjustment made under this paragraph (c)(3)(iii).

[64 FR 29135, May 28, 1999, as amended at 64 FR 58796, Nov. 1, 1999; 65 
FR 42887, July 12, 2000; 65 FR 77526, Dec. 12, 2000; 66 FR 8904, Feb. 5, 
2001; 66 FR 42805, Aug. 15, 2001; 66 FR 67121, Dec. 28, 2001; 67 FR 
70026, Nov. 20, 2002; 67 FR 77438, Dec. 18, 2002; 68 FR 32417, May 30, 
2003]

    Effective Date Note: At 67 FR 78993, Dec. 27, 2002, in Sec. 635.27 
paragraphs (b)(1)(i) and (b)(1)(ii) were suspended, and paragraphs 
(b)(1)(v) and (b)(1)(vi) were added, effective Dec. 31, 2002, through 
June 30, 2003. At 68 FR 31983, May 29, 2003, the expiration date was 
extended from June 30, 2003, to Dec. 29, 2003.



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
    (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

[[Page 254]]

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 an Atlantic Sharks LAP pursuant to Sec.  635.4 may not 
possess or sell a shark of that species group, except under the 
conditions specified in Sec.  635.22 (a) and (c), and a permitted shark 
dealer may not purchase or receive a shark of that species group from a 
vessel issued an Atlantic Sharks 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.
    (4) The commercial fishery for large coastal sharks will remain open 
for fixed semiannual fishing seasons, as specified at 
Sec. 635.27(b)(1)(v). 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.
    (5) When a semiannual quota for small coastal sharks or pelagic 
sharks specified in Sec. 635.27(b)(1)(vi) 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.
    (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

[[Page 255]]

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 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; 66 
FR 67121, Dec. 28, 2001; 67 FR 77438, Dec. 18, 2002]

    Effective Date Note: At 67 FR 78993, Dec. 27, 2002, in Sec. 635.28, 
paragraphs (b)(1) and (b)(2) were suspended and paragraphs (b)(4) and 
(b)(5) were added, effective Dec. 31, 2002 through June 30, 2003. At 68 
FR 31983, May 29, 2003, the expiration date was extended from June 30, 
2003, to Dec. 29, 2003.



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) Not withstanding the regulations issued at part 600 
(subpart M) of this chapter, no person who owns or operates a vessel 
issued a Federal Atlantic commercial shark limited access permit shall 
possess or offload wet shark fins in a quantity that exceeds 5 percent 
of the dressed weight of the shark carcasses. No person shall possess a 
shark fin on board a fishing vessel after the vessel's first point of 
landing. While shark fins are on board and when shark fins are being 
offloaded, persons issued a Federal Atlantic commercial shark limited 
access permit are subject to the regulations at part 600, subpart M, of 
this chapter.
    (2) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark limited access permit may not fillet a 
shark at sea. A person may eviscerate and remove the head and fins, but 
must retain the fins with the dressed carcasses. While on board and when 
offloaded, wet shark fins may not exceed 5 percent of the dressed weight 
of the carcasses, in accordance with the regulations at part 600, 
subpart M, of this chapter.
    (3) A person who owns or operates a vessel that has been issued a 
Federal Atlantic commercial shark limited access permit and who lands 
shark in an Atlantic coastal port must have all fins and carcasses 
weighed and recorded on the weighout slips specified in Sec. 635.5(a)(2) 
and in accordance with regulations at part 600, subpart M, of this 
chapter. 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 dressed 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--

[[Page 256]]

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.

[64 FR 29135, May 28, 1999, as amended at 67 FR 6201, Feb. 11, 2002]



Sec. 635.31  Restrictions on sale and purchase.

    (a) Atlantic tunas. (1) Persons that own or operate a vessel from 
which an Atlantic tuna is landed or offloaded may sell such Atlantic 
tuna only if that vessel has a valid HMS Charter/Headboat permit, or a 
General, Harpoon, Longline, Purse Seine, or Trap category permit for 
Atlantic Tunas issued under this part. However, no person shall sell a 
BFT smaller than the large medium size class. Also, no large medium or 
giant BFT taken by a person aboard a vessel with an Atlantic HMS 
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, shall be sold (see Sec.  635.23(c)). Persons 
shall 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 
(COE) form, obtained from NMFS, or its equivalent that documents that 
the fish was harvested from other than the Atlantic Ocean management 
unit.
    (A) The Billfish COE required under this section must indicate, in 
English, the name and homeport of the harvesting vessel, and the date 
and port of offloading. Only the purchaser of the billfish from the 
harvesting vessel must complete this information.
    (B) The Billfish COE must be signed and dated by each dealer in 
possession of the product throughout the chain of custody up to but not 
including the consumer. This signature indicates a declaration that the 
billfish were not harvested from the management unit.
    (C) A Billfish COE may refer to billfish taken from only one 
harvesting vessel. If a shipment contains billfish taken from more than 
one vessel, a separate billfish COE must accompany the shipment for each 
harvesting vessel.
    (D) A model Billfish COE can be obtained by contacting the Division 
Chief. An equivalent form may be used provided it contains all of the 
information required under this section.
    (3) For the purposes of this paragraph, a dealer or seafood 
processor means any individual, other than a consumer, who engages in 
any activity, other than fishing, of industry, trade, or commerce, 
including but not limited to the buying or selling of a regulated 
species or parts thereof and activities conducted for the purpose of 
facilitating such buying and selling.
    (c) Shark. (1) Persons that own or operate a vessel that possesses a 
shark

[[Page 257]]

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) Regulations governing the harvest, possession, landing, 
purchase, and sale of shark fins are found at part 600, subpart M, of 
this chapter and in Sec. 635.30(c).
    (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) A dealer issued a permit under this part may not purchase from 
an owner or operator of a fishing vessel shark fins that were not 
harvested in accordance with the regulations found at part 600, subpart 
M, of this chapter and in Sec. 635.30(c).
    (d) Swordfish. (1) Persons that own or operate a vessel on which a 
swordfish 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.

[64 FR 29135, May 28, 1999, as amended at 67 FR 6201, Feb. 11, 2002; 67 
FR 77438, Dec. 18, 2002; 68 FR 715, Jan. 7, 2003]



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

[[Page 258]]

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.
    (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.

[[Page 259]]

    (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 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

[[Page 260]]

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 bluefin tuna or bluefin tuna products, regardless 
of ocean area of catch, are subject to the documentation requirements of 
this subpart.
    (a) Documentation is required for bluefin tuna identified by the 
following item numbers from the Harmonized Tariff Schedule:
    (1) Fresh or chilled bluefin tuna , excluding fillets and other fish 
meat, No. 0302.39.00.20.
    (2) Frozen bluefin tuna, excluding fillets, No. 0303.49.00.20.
    (b) In addition, bluefin tuna 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.

[64 FR 29135, May 28, 1999, as amended at 66 FR 42805, Aug. 15, 2001]



Sec. 635.42  Documentation requirements.

    (a)  Bluefin tuna imports. (1) Imports of all bluefin tuna products 
into the United States must be accompanied at the time of 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 bluefin tuna 
(regardless of where the fish are first landed).
    (2) Bluefin tuna imported into the United States from a country 
requiring a BSD tag on all such bluefin tuna available for sale must be 
accompanied by the appropriate BSD tag issued by that country, and said 
BSD tag must remain on any bluefin tuna until it reaches its final 
import destination. If the final import destination is the United 
States, the BSD tag must remain on the bluefin tuna until it is cut into 
portions. If the bluefin 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 bluefin tuna 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 bluefin tuna was 
imported into the United States.
    (b)  Bluefin tuna exports. (1) A dealer who exports bluefin tuna 
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

[[Page 261]]

avoid delays in inspection and validation of the export shipment.
    (2) A dealer who re-exports bluefin tuna 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 
bluefin tuna 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 bluefin tuna 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 bluefin 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.

[64 FR 29135, May 28, 1999, as amended at 66 FR 42805, Aug. 15, 2001]



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 bluefin tuna , regardless of 
where the bluefin 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 bluefin tuna 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 bluefin tuna (regardless of where 
the bluefin 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 bluefin tuna from the United States. A bluefin tuna 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.

[[Page 262]]

    (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 
bluefin tuna or bluefin tuna 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.

[64 FR 29135, May 28, 1999, as amended at 66 FR 42805, Aug. 15, 2001]



Sec. 635.44  Validation requirements.

    (a) Imports. The approved BSD accompanying any import of bluefin 
tuna, 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 bluefin 
tuna 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 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.

[64 FR 29135, May 28, 1999, as amended at 66 FR 42805, Aug. 15, 2001]



Sec. 635.45  Products denied entry.

    (a) All shipments of Atlantic swordfish, or its products, in any 
form, harvested by a vessel under the jurisdiction of Belize or Honduras 
will be denied entry into the United States.
    (b) All shipments of Atlantic bluefin tuna, or its products, in any 
form, harvested by a vessel under the jurisdiction of Belize, Honduras, 
or Equatorial Guinea will be denied entry into the United States.
    (c) All shipments of Atlantic bigeye tuna, or its products, in any 
form, harvested by a vessel under the jurisdiction of Belize, Cambodia, 
Equatorial Guinea, or St. Vincent and the Grenadines will be denied 
entry into the United States. It is a rebuttable presumption that any 
shipment containing bigeye tuna or its products offered for entry or 
imported into the United States has been harvested by a

[[Page 263]]

vessel or vessels of the exporting nation.

[67 FR 70027, Nov. 20, 2002]



Sec. 635.46  Import requirements for 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.
    (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 imported shipments of bluefin tuna, bigeye tuna, 
and swordfish into the United States. If NMFS determines that the 
diversity of handling practices at certain ports at which any of these 
species is being imported into the United States allows for 
circumvention of the bluefin tuna statistical document, swordfish 
Certificate of Eligibility requirements, or trade restrictions for these 
species or for Atlantic bigeye tuna, NMFS may designate, after 
consultation with the U.S. Customs Service, those ports at which these 
species may be lawfully imported into the United States. NMFS shall 
announce the names of such designated ports and the effective dates of 
entry restrictions through publication of a notice in the Federal 
Register.

[67 FR 70027, Nov. 20, 2002]

[[Page 264]]



                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.



                         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. A vessel is 
considered to have pelagic longline gear on board for the purposes of 
this section, when gear as specified at Sec. 635.21(c) is 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

[[Page 265]]

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 the vendor or receiver, as the 
case may be.

[64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999; 65 
FR 47238, Aug. 1, 2000; 68 FR 45169, Aug. 1, 2003]



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.

[[Page 266]]

    (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.
    (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, or attempt to import, any fish or fish products 
regulated under this part in a manner contrary to any import 
requirements or import restrictions specified at Secs. 635.40, 635.41,

[[Page 267]]

635.45, and 635.46, or at other than an authorized port of entry 
designated by NMFS under 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(b).
    (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) Land, transship, ship, transport, purchase, sell, offer for 
sale, import, export, or have in custody, possession, or control:
    (i) Any fish that the person knows, or should have known, was taken, 
retained, possessed, or landed contrary to this part, without regard to 
the citizenship of the person or registry of the fishing vessel that 
harvested the fish.
    (ii) Any fish of a species regulated pursuant to a recommendation of 
ICCAT that was harvested, retained, or possessed in a manner contrary to 
the regulations of another country.
    (30) Deploy or fish with any fishing gear from a vessel or anchor a 
fishing vessel, permitted or required to be permitted under this part, 
in any closed area as specified at Sec. 635.21.
    (31) Deploy or fish with any fishing gear from a vessel with a 
pelagic longline on board in any closed area during the time periods 
specified at Sec. 635.21(c)(2).
    (32) In the Gulf of Mexico, deploy or fish a pelagic longline with 
live bait affixed to the hooks or to possess live bait, or set up a well 
or tank to maintain live bait, aboard a vessel with pelagic longline 
gear on board as specified at Sec. 635.21(c)(4).
    (33) Deploy or fish with any fishing gear from a vessel with pelagic 
longline gear on board without carrying a dipnet and line clipper as 
specified at Sec. 635.21(c)(5)(i).
    (34) Fail to disengage any hooked or entangled sea turtle with the 
least harm possible to the sea turtle as specified at 
Sec. 635.21(c)(5)(ii).
    (35) For any person to assault, resist, oppose, impede, intimidate, 
interfere with, obstruct, delay, or prevent, by any means, NMFS 
personnel or anyone collecting information for NMFS, under an agreement 
or contract, relating to the scientific monitoring or management of 
Atlantic HMS.
    (36) Fish with bottom or pelagic longline and shark gillnet gear for 
HMS without adhering to the gear operation and deployment restrictions 
required in 50 CFR 635.21.
    (37) Fail to report to NOAA Fisheries, at the number designated by 
NOAA Fisheries, the incidental capture of listed whales with shark 
gillnet gear and sea turtle mortalities associated with pelagic longline 
gear as required by 50 CFR 635.5.
    (38) Fish for, or possess on board a fishing vessel, species 
regulated under this part in unauthorized fishing areas as specified in 
Sec. 635.25.
    (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 been issued an Atlantic 
Tunas or Atlantic HMS permit 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 and/or brought 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 person aboard a vessel other than one that has on 
board a valid HMS Angling or Charter/Headboat permit, or an Atlantic 
tunas Purse Seine category permit as authorized under Sec.  635.23 (b), 
(c), and (e)(2).

[[Page 268]]

    (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).
    (6) As an angler, fail to report a BFT, as specified in 
Sec. 635.5(c)(1) or (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.
    (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 person aboard a vessel issued an HMS Angling or 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 person aboard a vessel issued an HMS Angling or HMS 
Charter/Headboat permit, sell, offer for sale, or attempt to sell a 
large medium or giant BFT retained when fishing under the circumstances 
specified in Sec.  635.23(b)(1)(iii) and (c)(1) through (c)(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 bluefin tuna or bluefin tuna products, as specified in 
Sec. 635.42.
    (26) Import a bluefin tuna or bluefin tuna 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

[[Page 269]]

monitoring or management of Atlantic tunas.
    (28) Possess a large medium or giant BFT, after it has been landed, 
that does not have a dealer tag affixed to it as specified in 
Sec. 635.5(b)(2)(ii), unless the BFT is not to be sold and has been 
reported per the requirements specified in Secs. 635.5(a)(3) or 
635.5(c).
    (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).
    (6) As an angler, fail to report a billfish, as specified in 
Sec. 635.5(c)(2) or (3).
    (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 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) Fail to maintain a shark in its proper form, as specified in 
Sec. 635.30(c)(4).
    (7) 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) 
and Sec. 600.1023 (e) and (l) of this chapter.
    (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, possess North Atlantic 
swordfish on board, or land North Atlantic swordfish from a vessel using 
or having on board gear other than pelagic longline or handgear.
    (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.

[[Page 270]]

    (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).
    (14) Exceed the recreational catch limit for North Atlantic 
swordfish, as specified in Sec. 635.22(f).
    (15) As an angler, fail to report a North Atlantic swordfish, as 
specified in Sec. 635.5(c)(2) or (3).

[64 FR 29135, May 28, 1999, as amended at 64 FR 37705, July 13, 1999; 65 
FR 42887, July 12, 2000; 65 FR 47238, Aug. 1, 2000; 66 FR 17373, Mar. 
30, 2001; 66 FR 30653, June 7, 2001; 66 FR 42805, Aug. 15, 2001; 67 FR 
6201, Feb. 11, 2002; 67 FR 45401, July 9, 2002; 67 FR 47469, July 19, 
2002; 67 FR 70027, Nov. 20, 2002; 67 FR 77439, Dec. 18, 2002; 68 FR 715, 
Jan. 7, 2003]

                 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
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.

[[Page 271]]

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.
640.25 Adjustment of management measures.
640.26 Tortugas marine reserves.

Figure 1 to Part 640

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



                      Subpart A--General Provisions



Sec. 640.1  Purpose and scope.

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

[57 FR 56518, Nov. 30, 1992]



Sec. 640.2  Definitions.

    In addition to the definitions in the Magnuson Act and in Sec. 620.2 
of this chapter, the terms used in this part have the following 
meanings:
    Bully net means a circular frame attached at right angles to the end 
of a pole and supporting a conical bag of webbing. The webbing is 
usually held up by means of a cord which is released when the net is 
dropped over a lobster.
    Carapace length means the measurement of the carapace (head, body, 
or front section) of a spiny lobster from the anteriormost edge (front) 
of the groove between the horns directly above the eyes, along the 
middorsal line (middle of the back), to the rear edge of the top part of 
the carapace, excluding any translucent membrane.
    Commercial fishing means any fishing or fishing activities which 
result in the harvest of any marine or freshwater organisms, one or more 
of which (or parts thereof) is sold, traded, or bartered.
    Hoop net means a frame, circular or otherwise, supporting a shallow 
bag of webbing and suspended by a line and bridles. The net is baited 
and lowered to the ocean bottom, to be raised rapidly at a later time to 
prevent the escape of lobster.
    Live well means a shaded container used for holding live lobsters 
aboard a vessel in which aerated seawater is continuously circulated 
from the sea. Circulation of seawater at a rate that replaces the water 
at least every 8 minutes meets the requirement for aeration.
    Off Florida means the area from the Florida coast to the outer limit 
of the EEZ between the Georgia/Florida boundary 
(30[deg]42[min]45.6[sec]N. latitude) and the Alabama/Florida boundary 
(87[deg]31[min]06[sec]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[min]06[sec] 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[min]N. latitude) 
and a line extending directly west from the Monroe/Collier County, 
Florida boundary (25[deg]48.0[min]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[min]55[sec] N. lat.) to the Georgia/Florida 
boundary (30[deg]42[min]45.6[sec] N. lat.).

[[Page 272]]

    Recreational fishing means fishing or fishing activities which 
result in the harvest of fish, none of which (or parts thereof) is sold, 
traded, or bartered.
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
    Slipper (Spanish) lobster means the species Scyllarides nodifer.
    Spiny lobster means the species Panulirus argus.
    Tail length means the lengthwise measurement of the entire tail 
(segmented portion), not including any protruding muscle tissue, of a 
spiny lobster along the top middorsal line (middle of the back) to the 
rearmost extremity. The measurement is made with the tail in a flat, 
straight position with the tip of the tail closed.
    Trip means a fishing trip, regardless of number of days' duration, 
that begins with departure from a dock, berth, beach, seawall, or ramp 
and that terminates with return to a dock, berth, beach, seawall, or 
ramp.

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



Sec. 640.3  Relation to other laws.

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

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



Sec. 640.4  Permits and fees.

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

[[Page 273]]

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

[[Page 274]]

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

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



Sec. 640.5  Recordkeeping and reporting. [Reserved]



Sec. 640.6  Vessel and gear identification.

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

[[Page 275]]

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

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



Sec. 640.7  Prohibitions.

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

[[Page 276]]

    (k) Possess a separated spiny lobster tail, except as specified in 
Sec. 640.21(d).
    (l) Possess a spiny lobster harvested by prohibited gear or methods; 
or possess on board a fishing vessel any dynamite or similar explosive 
substance; as specified in Sec. 640.20(b) and Sec. 640.22 (a)(1) and 
(a)(3).
    (m) Use or possess in the EEZ a spiny lobster trap that does not 
meet the requirements specified in Sec. 640.22(b)(1).
    (n) Pull or tend a spiny lobster trap other than during daylight 
hours, as specified in Sec. 640.22(b)(2).
    (o) Pull or tend another person's spiny lobster trap, except as 
authorized in Sec. 640.22(b)(3).
    (p) Possess spiny lobsters in or from the EEZ in an amount exceeding 
the daily bag and possession limit specified in Sec. 640.23 (a), (b)(1), 
or (b)(2) except as authorized in Sec. 640.23(b)(3) and (b)(4).
    (q) Possess spiny lobsters aboard a vessel that uses or has on board 
a net or trawl in an amount exceeding the limits, as specified in 
Sec. 640.23(b)(4).
    (r) Operate a vessel that fishes for or possesses spiny lobster in 
or from the EEZ with spiny lobster aboard in an amount exceeding the 
cumulative bag and possession limit, as specified in Sec. 640.23(d).
    (s) Transfer or receive at sea spiny lobster in or from the EEZ 
caught under the bag and possession limits, as specified in 
Sec. 640.23(e).
    (t) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the Magnuson Act.
    (u) Make any false statement, oral or written, to an authorized 
officer concerning the taking, catching, harvesting, landing, purchase, 
sale, possession, or transfer of a spiny lobster.
    (v) Fish for any species or anchor a fishing vessel in a marine 
reserve as specified in Sec. 640.26.

[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; 67 FR 47469, July 19, 2002]



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

[[Page 277]]

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

[60 FR 41831, Aug. 14, 1995]



Sec. 640.21  Harvest limitations.

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

[[Page 278]]

trap may be retained aboard the harvesting vessel for future use as an 
attractant in a trap provided it is held in a live well aboard the 
vessel. No more than fifty undersized spiny lobsters, or one per trap 
aboard the vessel, whichever is greater, may be retained aboard for use 
as attractants. The live well must provide a minimum of \3/4\ gallons 
(1.7 liters) of seawater per spiny lobster. An undersized spiny lobster 
so retained must be released to the water alive and unharmed immediately 
upon leaving the trap lines and prior to one hour after official sunset 
each day.
    (d) Tail separation. The possession aboard a fishing vessel of a 
separated spiny lobster tail in or from the EEZ is authorized only when 
the possession is incidental to fishing exclusively in the EEZ on a trip 
of 48 hours or more and a Federal tail-separation permit specified in 
Sec. 640.4(a)(2) has been issued to and is on board the vessel.

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



Sec. 640.22  Gear and diving restrictions.

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

[[Page 279]]



Sec. 640.23  Bag/possession limits.

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

[[Page 280]]



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]



Sec. 640.25  Adjustment of management measures.

    In accordance with the framework procedure of the Fishery Management 
Plan for the Spiny Lobster Fishery of the Gulf of Mexico and South 
Atlantic, the RA may establish or modify the following items: 
definitions of essential fish habitat, Essential Fish Habitat-Habitat 
Areas of Particular Concern, Coral-Habitat Areas of Particular Concern, 
biomass levels, age-structured analyses, limits on the number of traps 
fished by each vessel, construction characteristics of traps, 
specification of gear and vessel identification requirements, 
specification of allowable or prohibited gear in a directed fishery, 
specification of bycatch levels in non-directed fisheries, changes to 
soak or removal periods and requirements for traps, recreational bag and 
possession limits, changes in fishing seasons, limitations on use, 
possession, and handling of undersized lobsters, and changes in minimum 
size.

[65 FR 37296, June 14, 2000]



Sec. 640.26  Tortugas marine reserves.

    The following activities are prohibited within the Tortugas marine 
reserves: Fishing for any species and anchoring by fishing vessels.
    (a) EEZ portion of Tortugas North. The area is bounded by rhumb 
lines connecting the following points: From point A at 
24[deg]40[min]00[min] N. lat., 83[deg]06[min]00[min] W. long. to point B 
at 24[deg]46[min]00[min] N. lat., 83[deg]06[min]00[min] W. long. to 
point C at 24[deg]46[min]00[min] N. lat., 83[deg]00[min]00[min] W. 
long.; thence along the line denoting the seaward limit of Florida's 
waters, as shown on the current edition of NOAA chart 11438, to point A 
at 24[deg]40[min]00[min] N. lat., 83[deg]06[min]00[min] W. long.
    (b) Tortugas South. The area is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A                                             24[deg]33[mi  83[deg]09[mi
                                                 n]00[min]     n]00[min]
B                                             24[deg]33[mi  83[deg]05[mi
                                                 n]00[min]     n]00[min]
C                                             24[deg]18[mi  83[deg]05[mi
                                                 n]00[min]     n]00[min]
D                                             24[deg]18[mi  83[deg]09[mi
                                                 n]00[min]     n]00[min]
A                                             24[deg]33[mi  83[deg]09[mi
                                                 n]00[min]     n]00[min]
------------------------------------------------------------------------


[67 FR 47469, July 19, 2002]

                          Figure 1 to Part 640
[GRAPHIC] [TIFF OMITTED] TR26SE01.001


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

[[Page 281]]

                           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 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.
648.24 Framework adjustments to management measures.

           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 and landing limits.
648.53 DAS allocations.
648.54 State waters exemption.
648.55 Framework specifications.
648.57 Closed and regulated areas.
648.58 Sea Scallop Area Access 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.
648.77 Framework adjustments to management measures.

  Subpart F--Management Measures for the NE Multispecies and Monkfish 
                                Fisheries

648.80 Multispecies regulated mesh areas and restrictions on gear and 
          methods of fishing.
648.81 Closed areas.
648.82 Effort-control program for multispecies limited access vessels.
648.83 Multispecies minimum fish sizes.
648.84 Gear-marking requirements and gear restrictions.
648.85 Flexible Area Action System.
648.86 Multispecies possession restrictions.
648.87 Gillnet requirements to reduce or prevent marine mammal takes.
648.88 Multispecies open access permit restrictions.
648.89 Recreational and charter/party restrictions.
648.90 Multispecies framework specifications.
648.91 Monkfish regulated mesh areas and restrictions on gear and 
          methods of fishing.
648.92 Effort-control program for monkfish limited access vessels.
648.93 Monkfish minimum fish sizes.
648.94 Monkfish possession and landing restrictions.
648.95 [Reserved]
648.96 Monkfish annual adjustment process and 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 summer flounder 
          fishery.
648.108 Framework adjustments to management measures.

           Subpart H--Management Measures for the Scup Fishery

648.120 Catch quotas and other restrictions.
648.121 Closures.
648.122 Time 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.

[[Page 282]]

648.127 Framework adjustments to management measures.

      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.
648.147 Framework adjustments to management measures.

    Subpart J--Management Measures for the Atlantic Bluefish Fishery

648.160 Catch quotas and other restrictions.
648.161 Closures.
648.162 Minimum fish sizes.
648.163 Gear restrictions.
648.164 Possession restrictions.
648.165 Framework specifications.

     Subpart K--Management Measures for the Atlantic Herring Fishery

648.200 Specifications.
648.201 Management areas.
648.202 Total allowable catch (TAC) controls.
648.203 Vessel size/horsepower limits.
648.204 Herring roe restrictions.
648.205 VMS requirements.
648.206 Framework provisions.

      Subpart L--Management Measures for the Spiny Dogfish Fishery

648.230 Catch quotas and other restrictions.
648.231 Closures.
648.232 Time Restrictions. [Reserved]
648.233 Minimum Fish Sizes. [Reserved]
648.234 Gear restrictions. [Reserved]
648.235 Possession and landing restrictions.
648.236 Special Management Zones. [Reserved]
648.237 Framework provisions.

   Subpart M--Management Measures for the Atlantic Deep-Sea Red Crab 
                                 Fishery

648.260 Annual specifications.
648.261 Framework adjustment process.
648.262 Effort-control program for red crab limited access vessels.
648.263 Red crab possession and landing restrictions.
648.264 Gear requirements/restrictions.

         Subpart N--Management Measures for the Tilefish Fishery

648.290 Catch quotas and other restrictions.
648.291 Closures.
648.292 Tilefish trip limits.
648.293 Framework specifications.
648.294 Gear restrictions.

    Subpart O--Management Measures for the NE Skate Complex Fisheries

648.320 Skate FMP review and monitoring.
648.321 Framework adjustment process.
648.322 Skate possession and landing restrictions.

    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 (FMPs) for the 
Atlantic mackerel, squid, and butterfish fisheries (Atlantic Mackerel, 
Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon FMP); the 
Atlantic sea scallop fishery (Scallop FMP); the Atlantic surf clam and 
ocean quahog fisheries (Atlantic Surf Clam and Ocean Quahog FMP); the NE 
multispecies and monkfish fisheries ((NE Multispecies FMP) and (Monkfish 
FMP)); the summer flounder, scup, and black sea bass fisheries (Summer 
Flounder, Scup, and Black Sea Bass FMP); the Atlantic bluefish fishery 
(Atlantic Bluefish FMP); the Atlantic herring fishery (Atlantic Herring 
FMP); the spiny dogfish fishery (Spiny Dogfish FMP); the Atlantic deep-
sea red crab fishery (Deep-Sea Red Crab FMP); the tilefish fishery 
(Tilefish FMP); and the NE skate complex fisheries (Skate 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; 65 FR 1568, Jan. 11, 2000; 65 FR 77464, Dec. 
11, 2000; 66 FR 49192, Sept. 26, 2001; 67 FR 63229, Oct. 10, 2002; 68 FR 
49699, Aug. 19, 2003]

[[Page 283]]



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 deep-sea red crab (red crab) means Chaceon quinquedens.
    Atlantic herring means Clupea harengus.
    Atlantic herring carrier means a fishing vessel with an Atlantic 
herring permit that does not have any gear on board capable of catching 
or processing herring and that has on board a letter of authorization 
from the Regional Administrator to transport herring caught by another 
fishing vessel.
    Atlantic herring dealer means:
    (1) Any person who purchases or receives for a commercial purpose 
other than solely for transport or pumping operations any herring from a 
vessel issued a Federal Atlantic herring permit, whether offloaded 
directly from the vessel or from a shore-based pump, for any purpose 
other than for the purchaser's own use as bait; or
    (2) Any person owning or operating a processing vessel that receives 
any Atlantic herring from a vessel issued a Federal Atlantic herring 
permit whether at sea or in port.
    Atlantic herring processor means a person who receives unprocessed 
Atlantic herring from a fishing vessel issued a Federal Atlantic herring 
permit or from an Atlantic herring dealer for the purposes of 
processing; or the owner or operator of a fishing vessel that processes 
Atlantic herring; or an Atlantic herring dealer who purchases Atlantic 
herring from a fishing vessel with a Federal Atlantic herring permit for 
resale as bait.
    Atlantic mackerel or mackerel means Scomber scombrus.
    Atlantic Mackerel, Squid, and Butterfish Monitoring Committee means 
the committee made up of staff representatives of the MAFMC and the 
NEFMC, and the Northeast Regional Office and NEFSC of NMFS. The MAFMC 
Executive Director or a designee chairs the Committee.
    Atlantic salmon means Salmo salar.
    Atlantic sea scallop or scallop means Placopecten magellanicus, 
throughout its range.
    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 Monitoring Committee means a committee made up of staff 
representatives of the Mid-Atlantic Fishery Management Council, the New 
England Fishery Management Council, and South Atlantic Fishery 
Management Council, the NMFS Northeast Regional Office, the NMFS 
Northeast Fisheries Science Center, and the Commission. The Mid-Atlantic 
Fishery Management Council's Executive Director or a designee chairs the 
committee.
    Bonito means Sarda sarda.
    Border transfer (BT) means the amount of herring specified pursuant 
to Sec.  648.200 that may be transferred to a Canadian transport vessel 
that is permitted under the provisions of Pub. L. 104-297, section 
105(e).
    Brush-sweep trawl gear means trawl gear consisting of alternating 
roller

[[Page 284]]

discs and bristle brushes that are strung along cables, chains, or 
footropes, and aligned together to form the sweep of the trawl net, 
designed to allow the trawl sweep to maintain contact with the ocean 
floor, or any modification to trawl gear that is substantially similar 
in design or effect.
    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.
    Council means the New England Fishery Management Council (NEFMC) for 
the Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab, 
NE multispecies, monkfish, and NE skate fisheries; or the Mid-Atlantic 
Fishery Management Council (MAFMC) for the Atlantic mackerel, squid, and 
butterfish; Atlantic surf clam and ocean quahog; summer flounder, scup, 
and black sea bass; spiny dogfish; Atlantic bluefish; and tilefish 
fisheries.
    Councils with respect to the monkfish fishery and spiny dogfish 
fishery means the New England Fishery Management Council (NEFMC) and the 
Mid-Atlantic Fishery Management Council (MAFMC).
    Cunner means Tautogolabrus adspersus.
    Day(s)-at-Sea (DAS), with respect to the NE multispecies and 
monkfish fisheries (except as described in Sec. 648.82(k)(1)(iv)), 
Atlantic sea scallop fishery, and Atlantic deep-sea red crab fishery, 
means the 24-hour period of time or any part thereof during which a 
fishing vessel is absent from port to fish for, possess, or land, or 
fishes for, possesses or lands, regulated species, monkfish, scallops, 
or red crabs. With respect to the red crab fishery, any portion of a 
calendar day in which a vessel is declared into the red crab DAS 
fishery, shall count as a full DAS.
    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, unless otherwise exempted in 
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.
    De-hooker, with respect to the NE multispecies hook gear fishery, 
means the fairlead rollers when used in a manner that extracts fish 
hooks from caught fish, also known as ``crucifiers.''
    Dredge or dredge gear, with respect to the scallop fishery, means 
gear consisting of a mouth frame attached to a holding bag constructed 
of metal rings, or any other modification to this design, that can be or 
is used in the harvest of scallops.
    Dredge bottom, with respect to scallops, means the rings and links 
found between the bail of the dredge and the club stick, which, when 
fishing, would be in contact with the sea bed. This includes the 
triangular shaped portions of the ring bag commonly known as 
``diamonds.''
    Dredge top, with respect to the scallop fishery, means the mesh 
panel in the top of a dredge and immediately

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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 Atlantic sea scallop and Atlantic deep-sea red crab 
fisheries, from March 1 through the last day of February of the 
following year.
    (2) For the NE multispecies, monkfish and skate fisheries, 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.
    Full-processing (fully process or fully processed), with respect to 
the Atlantic deep-sea red crab fishery, means any activity that removes 
meat from any part of a red crab.
    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.
    Hail Weight means a good-faith estimate in pounds (or count of 
individual fish, if a party or charter vessel), by species, of all 
species, or parts of species, such as monkfish livers, landed or 
discarded for each trip.
    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 reporting system 
established by the Regional Administrator for the purpose of monitoring 
harvest levels for certain species.
    John Dory means Zenopsis conchifera.
    JVPt, with respect to the Atlantic herring fishery, means the 
specification of the total amount of herring available for joint venture 
processing by foreign vessels in the EEZ and state waters.
    Land means to begin offloading fish, to offload fish, or to enter 
port with fish.

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    Liner means a piece of mesh or any other material rigged inside or 
outside the main or outer net or dredge that restricts the mesh or ring 
size or otherwise reduces escapement.
    Link, with respect to the sea scallop fishery, means the material, 
usually made of a \3/8\-inch (10-mm) or \7/16\-inch (11-mm) diameter 
metal rod, that joins two adjacent rings within the ring bag of a 
dredge.
    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[min] 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, also known as anglerfish or goosefish, means Lophius 
americanus.
    Monkfish gillnets means gillnet gear with mesh size no smaller than 
10-inches (25.4 cm) diamond mesh that is designed and used to fish for 
and catch monkfish while fishing under a monkfish DAS.
    Monkfish Monitoring Committee means a team of scientific and 
technical staff appointed by the NEFMC and MAFMC to review, analyze, and 
recommend adjustments to the management measures. The team consists of 
staff from the NEFMC and the MAFMC, NMFS Northeast Regional Office, 
NEFSC, the USCG, two fishing industry representatives selected by their 
respective Council chairman (one from each management area with at least 
one of the two representing either the Atlantic sea scallop or northeast 
multispecies fishery), and staff from affected coastal states, appointed 
by the Atlantic States Marine Fisheries Commission. The Chair is elected 
by the Committee from within its ranks, subject to the approval of the 
Chairs of the NEFMC and MAFMC.
    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[min] N. lat. and west of a line extending due 
north from 35[deg]00[min] N. lat. and 42[deg]00[min] W. long. to 
59[deg]00[min] N. lat., thence due west to 44[deg]00[min] 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[min] 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.
    NE Skate Complex (skates) means Leucoraja ocellata (winter skate); 
Dipturis laevis (barndoor skate); Amblyraja radiata (thorny skate); 
Malacoraja senta (smooth skate); Leucoraja erinacea(little skate); Raja 
eglanteria (clearnose skate); and Leucoraja garmani (rosette skate).

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    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)(5); (a)(6); (a)(9) through (14); (b)(3)(i) and (ii); 
(b)(5) through (8); and (d), (e), (h), and (i).
    Northeast (NE) multispecies or multispecies means the following 
species:

American plaice--Hippoglossoides platessoides.
Atlantic cod--Gadus morhua.
Atlantic halibut--Hippoglossus hippoglossus.
Haddock--Melanogrammus aeglefinus.
Ocean Pout--Macrozoarces americanus.
Offshore Hake--Merluccius albidus.
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 ferruginea.

    Northern shrimp means Pandalus borealis.
    Ocean quahog means the species Arctica islandica.
    Offload or offloading means to begin to remove, to remove, to pass 
over the rail, or otherwise take away fish from any vessel. For purposes 
of the surf clam and ocean quahog fishery, it means to separate 
physically a cage from a vessel, such as by removing the sling or wire 
used to remove the cage from the harvesting vessel.
    Operator means the master, captain, or other individual on board a 
fishing vessel, who is in charge of that vessel's operations.
    Out of the monkfish fishery means the period of time during which a 
vessel is not fishing for monkfish under the monkfish DAS program.
    Out of the multispecies fishery means the period of time during 
which a vessel 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.
    Parlor trap/pot means any structure or other device, other than a 
net, with more than one compartment inside designed to impede escape of 
lobsters or crabs from the device or structure, which is placed, or 
designed to be placed, on the ocean bottom and is designed for, or is 
capable of, catching lobsters and/or red crabs.
    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, with respect to the call-in notification 
system for NE multispecies, and the call-in notification system for 
monkfish vessels that are fishing under the limited access monkfish 
Category C or D permit provisions, means no more than 1 hour prior to 
the time a vessel leaves the last dock or mooring in port from which 
that vessel departs to engage in fishing, including the transport of 
fish to another port. With respect to the call-in notification system 
for monkfish vessels that are fishing under the limited access monkfish 
Category A or B permit provisions, it means

[[Page 288]]

prior to the last dock or mooring in port from which a vessel departs to 
engage in fishing, including the transport of fish to another port.
    Private recreational fishing vessel, with respect to the NE 
multispecies fishery, means a vessel engaged in recreational fishing 
that has not been issued a Federal NE multispecies permit, does not sell 
fish, and does not take passengers for hire.
    Processing, or to process, with respect to the Atlantic herring 
fishery, means the preparation of Atlantic herring to render it suitable 
for human consumption, bait, commercial uses, industrial uses, or long-
term storage, including but not limited to cooking, canning, roe 
extraction, smoking, salting, drying, freezing, or rendering into meat 
or oil.
    Processor, with respect to the Atlantic surf clam and ocean quahog 
fisheries, 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.
    Red Crab Management Unit means an area of the Atlantic Ocean from 
35[deg] 15.3[min] N. Lat., the approximate latitude of Cape Hatteras 
Light, NC, northward to the U.S.-Canada border, extending eastward from 
the shore to the outer boundary of the exclusive economic zone and 
northward to the U.S.-Canada border in which the United States exercises 
exclusive jurisdiction over all Atlantic deep-sea red crab fished for, 
possessed, caught, or retained in or from such area.
    Red crab trap/pot means any structure or other device, other than a 
net or parlor trap/pot, that is placed, or designed to be placed, on the 
ocean bottom and is designed for, or is capable of, catching red crabs.
    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 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

[[Page 289]]

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 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 members of the Family Rajidae, including: Leucoraja 
ocellata (winter skate); Dipturis laevis (barndoor skate); Amblyraja 
radiata (thorny skate); Malacoraja senta (smooth skate); Leucoraja 
erinacea (little skate); Raja eglanteria (clearnose skate); and 
Leucoraja garmani (rosette skate).
    Skate Management Unit means an area of the Atlantic Ocean from 
35[deg] 15.3' N. lat., the approximate latitude of Cape Hatteras Light, 
NC, northward to the U.S.-Canada border, extending eastward from the 
shore to the outer boundary of the EEZ and northward to the U.S.-Canada 
border in which the United States exercises exclusive jurisdiction over 
all skates fished for, possessed, caught, or retained in or from such 
area.
    Small-mesh multispecies means the subset of Northeast multispecies 
that includes silver hake, offshore hake, and red hake.
    Smooth dogfish means Mustelis canis.
    Sorting machine, with respect to the Atlantic sea scallop fishery, 
means any mechanical device that automatically sorts whole scallops by 
shell height, size, or other physical characteristics.
    Spiny dogfish means Squalus acanthias.
    Spiny Dogfish Monitoring Committee means a committee made up of 
staff representatives of the MAFMC, NEFMC, the NMFS Northeast Regional 
Office, the Northeast Fisheries Science Center, and the states, as well 
as two ex-officio industry members (one from each Council jurisdiction). 
The MAFMC Executive Director or a designee chairs the committee.
    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.

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    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 or tying up at a dock means tied up at a dock, 
on a mooring, or elsewhere in a harbor.
    Tilefish means Lopholatilus chamaeleonticeps.
    Tilefish FMP Monitoring Committee means a committee made up of staff 
representatives of the MAFMC, the NMFS Northeast Regional Office, the 
Northeast Fisheries Science Center, up to three state representatives 
(the New England states having one representative and the Mid-Atlantic 
states having a maximum of two representatives) and one non-voting 
industry member. The MAFMC Executive Director or his designee chairs the 
committee.
    Tilefish Management Unitmeans an area of the Atlantic Ocean from the 
latitude of the VA and NC border (36[deg]33.36[min] N. Lat.), extending 
eastward from the shore to the outer boundary of the exclusive economic 
zone and northward to the United States-Canada border in which the 
United States exercises exclusive jurisdiction over all golden tilefish 
(Lopholatilus chamaeleonticeps) fished for, possessed, caught or 
retained in or from such area.
    Total Length (TL) means the straight-line distance from the tip of 
the snout to the end of the tail (caudal fin) while the fish is lying on 
its side.
    Transfer means to begin to remove, to remove, to pass over the rail, 
or to otherwise take away fish from any vessel and move them to another 
vessel.
    Trawl 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, means, for purposes of the call-in 
notification system for the NE multispecies and monkfish fisheries, upon 
first tying up at a dock at the end of a fishing trip.
    U.S. at-sea processing (USAP), with respect to the Atlantic herring 
fishery, means the specification, pursuant to Sec.  648.200, of the 
amount of herring available for processing by U.S. vessels issued an 
Atlantic herring processing permit as described in Sec.  
648.4(a)(10)(ii).
    Used DAS baseline, with respect to the NE multispecies fishery, 
means the number of DAS that represent the historic level of DAS use 
associated with a particular limited access permit, as described in 
Sec. 648.82(l).
    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 or 
VMS unit as set forth in Sec.  648.9 and approved by NMFS for use on 
Atlantic sea scallop, NE multispecies, monkfish, and Atlantic herring 
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.
    Whiting Monitoring Committee (WMC) means a team appointed by the 
NEFMC to review, analyze, and recommend adjustments to the management 
measures addressing small-mesh multispecies. The team consists of staff 
from the NEFMC and MAFMC, NMFS Northeast Regional Office, the NEFSC, the 
USCG, at least one industry representative from each geographical area 
(northern New England, southern New England, and the Mid-Atlantic), and 
no more than two representatives, appointed by the Commission, from 
affected states.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 648.2, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.

[[Page 291]]



Sec. 648.3  Relation to other laws.

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



Sec. 648.4  Vessel permits.

    (a) Fishery specific 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 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

[[Page 292]]

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 
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

[[Page 293]]

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 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'', or ``charter/
party'' permit and may fish for, possess on board, 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 on board, 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,

[[Page 294]]

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 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.

[[Page 295]]

    (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 not subject to the exemption. The Regional 
Administrator may impose temporary additional procedural requirements by 
publishing a notification in the Federal Register. If a summer flounder 
charter or party requirement of this part differs from a summer flounder 
charter or party management measure required by a state, any vessel 
owners or operators fishing under the terms of a summer flounder 
charter/party vessel permit in the EEZ for summer flounder must comply 
with the more restrictive requirement while fishing in state waters, 
unless otherwise authorized under Sec. 648.107.
    (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.

[[Page 296]]

    (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, 
2004) --(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 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, except for vessels that exceed either 165 feet in length overall 
(LOA) and 750 gross registered tons, or a shaft horsepower of

[[Page 297]]

3000 shp. Vessels that exceed the size or horsepower restrictions may 
seek to obtain an at-sea processing permit specified under 
Sec. 648.6(a)(2).
    (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[min] 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[min] 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.
    (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

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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[min] N. lat., 
the latitude of Cape Hatteras Light, NC, northward to the U.S.-Canada 
border, while carrying passengers for hire.
    (8) Atlantic bluefish vessels. (i) Commercial. Any vessel of the 
United States including party and charter boats not carrying passengers 
for hire, that fishes for, possesses, or lands Atlantic bluefish in or 
from the EEZ in excess of the recreational possession limit specified at 
Sec. 648.164 must have been issued and carry on board a valid commercial 
bluefish vessel permit.
    (ii) Party and charter vessels. Any party or charter boat must have 
been issued and carry on board a valid party or charter boat permit to 
fish for, possess, or land Atlantic bluefish in or from the EEZ if it is 
carrying passengers for hire. Persons on board such vessel must observe 
the possession limits established pursuant to Sec. 648.164, and the 
prohibitions on sale specified in Sec. 648.14(w).
    (9) Monkfish vessels. Any vessel of the United States, including a 
charter or party boat, must have been issued and have on board a valid 
monkfish permit to fish for, possess, or land any monkfish in or from 
the EEZ.
    (i) Limited access monkfish permits (effective November 8, 1999. (A) 
Eligibility. A vessel may be issued a limited access monkfish permit if 
it meets any of the following limited access monkfish permits criteria:
    (1) Category A permit (vessels without multispecies or scallop 
limited access permits). The vessel landed [ge]50,000 lb (22,680 kg) 
tail-weight or 166,000 lb (75,297.6 kg) whole weight of monkfish between 
February 28, 1991, and February 27, 1995;
    (2) Category B permit (vessels less than 51 gross registered tonnage 
(GRT) without multispecies or scallop limited access permits that do not 
qualify for a Category A permit). The vessel landed [ge]7,500 lb (3,402 
kg) tail-weight or 24,900 lb (11,294.6 kg) whole weight of monkfish 
between February 28, 1991, and February 27, 1995;
    (3) Category C permit (vessels with multispecies or scallop limited 
access permits). The vessel landed [ge]50,000 lb (22,680 kg) tail-weight 
or 166,000 lb (75,297.6 kg) whole weight of monkfish between February 
28, 1991, and February 27, 1995; or
    (4) Category D permit (all vessels with multispecies limited access 
permits and vessels less than 51 GRT with scallop limited access permits 
that do not qualify for a Category C permit). The vessel landed 
[ge]7,500 lb (3,402 kg) tail-weight or 24,900 lb (11,294.6 kg) whole 
weight of monkfish between February 28, 1991, and February 27, 1995.
    (B) Application/renewal restrictions. No one may apply for an 
initial limited access monkfish permit for a vessel after November 7, 
2000.
    (C) Qualification restrictions. (1) See paragraph (a)(1)(i)(C) of 
this section.
    (2) Vessels under agreement for construction or under 
reconstruction. A vessel may be issued a limited access monkfish permit 
if the vessel was under written agreement for construction or 
reconstruction between February 28, 1994, and February 27, 1995, and 
such vessel meets any of the qualification criteria regarding amount of 
landings as stated in paragraph (a)(9)(i)(A) of this section between 
February 28, 1991, and February 27, 1996.
    (D) Change in ownership. (1) See paragraph (a)(1)(i)(D) of this 
section.
    (2) A vessel may be issued a limited access monkfish permit if it 
was under written agreement for purchase as of February 27, 1995 and 
meets any of the qualification criteria regarding amount of landings as 
stated in paragraph (a)(9)(i)(A) of this section between February 28, 
1991, and February 27, 1996.
    (E) Replacement vessels. (1) See paragraph (a)(1)(i)(E) of this 
section.
    (2) A vessel [ge]51 GRT that lawfully replaced a vessel <51 GRT 
between February 27, 1995, and October 7, 1999, that meets the 
qualification criteria set forth in paragraph (a)(9)(i)(A) of this 
section, but exceeds the 51 GRT vessel size qualification criteria as 
stated in paragraph (a)(9)(i)(A)(2) or (4) of this section, may qualify 
for and fish under the permit category for which the replaced vessel 
qualified.
    (3) A vessel that replaced a vessel that fished for and landed 
monkfish between February 28, 1991, and February 27, 1995, may use the 
replaced vessel's history in lieu of or in addition to such vessel's 
fishing history to meet the

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qualification criteria set forth in paragraph (a)(9)(i)(A)(1), (2), (3), 
or (4) of this section, unless the owner of the replaced vessel retained 
the vessel's permit or fishing history, or such vessel no longer exists 
and was replaced by another vessel according to the provisions in 
paragraph (a)(1)(i)(D) of this section.
    (F) Upgraded vessel. (1) See paragraph (a)(1)(i)(F) of this section.
    (2) A vessel [ge]51 GRT that upgraded from a vessel size <51 GRT 
between February 27, 1995, and October 7, 1999, that meets any of the 
qualification criteria set forth in paragraph (a)(9)(i)(A) of this 
section, but exceeds the 51 GRT vessel size qualification criteria as 
stated in paragraphs (a)(9)(i)(A)(2) and (4) of this section, may 
qualify for and fish under the permit category of the smaller vessel.
    (G) Consolidation restriction. See paragraph (a)(1)(i)(G) of this 
section.
    (H) Vessel baseline specification. See paragraph (a)(1)(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. A limited access monkfish 
permit may not be issued to a vessel or to 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) Notification of eligibility for 1999. (1) NMFS will attempt to 
notify all owners of vessels for which NMFS has credible evidence 
available that they meet the qualification criteria described in 
paragraph (a)(9)(i)(A)(1), (2), (3), or (4) of this section and that 
they qualify for a limited access monkfish permit. Vessel owners must 
still apply within 12 months of the effective date of these regulations 
to complete the qualification requirements.
    (2) If a vessel owner has not been notified that the vessel is 
eligible to be issued a limited access monkfish 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 monkfish permit within 12 months of the effective date of 
these regulations by submitting evidence that the vessel meets the 
requirements described in paragraph (a)(9)(i)(A)(1), (2), (3), or (4) of 
this section.
    (N) Appeal of denial of permit. (1) Any applicant denied a limited 
access monkfish 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 erred in 
concluding that the vessel did not meet the criteria in paragraph 
(a)(9)(i)(A)(1), (2), (3), or (4) of this section. The appeal shall set 
forth the basis for the applicant's belief that the Regional 
Administrator's decision was made in error.
    (2) The appeal may be presented, at the option of the applicant, at 
a hearing before an officer appointed by the Regional Administrator. The 
hearing officer shall make a recommendation to the Regional 
Administrator. The Regional Administrator's decision on the appeal is 
the final decision of the Department of Commerce.
    (3) Status of vessels pending appeal. (i) A vessel denied a limited 
access monkfish permit may fish under the monkfish DAS program, provided 
that the denial has been appealed, the appeal is pending, and the vessel 
has on board a letter from the Regional Administrator authorizing the 
vessel to fish under the monkfish DAS program. The Regional 
Administrator will issue such a letter for the pendency of any appeal, 
which decision is the final administrative action of the Department of 
Commerce pending a final decision on the appeal. The letter of 
authorization must be carried on board the vessel. A vessel with such a 
letter of authorization shall not exceed the annual allocation of 
monkfish DAS as specified in Sec. 648.92(b)(1) and must report the use 
of monkfish DAS according to the provisions of Sec. 648.10(b) or (c), 
whichever applies. If the appeal is finally denied, the Regional 
Administrator shall send a notice of final denial to the vessel owner; 
the authorizing letter shall become invalid 5 days after receipt of the 
notice of denial. If the appeal is finally approved, any DAS used during

[[Page 300]]

pendency of the appeal shall be deducted from the vessel's annual 
allocation of monkfish DAS for that fishing year.
    (ii) Monkfish incidental catch permits effective November 8, 1999. A 
vessel of the United States that is subject to these regulations and 
that has not been issued a limited access monkfish permit is eligible 
for and may be issued a monkfish incidental catch permit to fish for, 
possess, or land monkfish subject to the restrictions in Sec. 648.94(c).
    (ii) [Reserved]
    (10) Atlantic herring vessels--(i) Atlantic herring permit.
    (A) Except as provided herein, any vessel of the United States must 
have been issued and have on board a valid Atlantic herring permit to 
fish for, catch, possess, transport, land, or process Atlantic herring 
in or from the EEZ. This requirement does not apply to the following:
    (1) A vessel that possesses herring solely for its own use as bait, 
providing the vessel does not have purse seine, mid-water trawl, pelagic 
gillnet, sink gillnet, or bottom trawl gear on board; or
    (2) A skiff or other similar craft used exclusively to deploy the 
net in a purse seine operation during a fishing trip of a vessel that is 
duly permitted under this part.
    (B) Eligibility. A vessel of the United States is eligible for and 
may be issued an Atlantic herring permit to fish for, catch, take, 
harvest, and possess Atlantic herring in or from the EEZ unless the 
vessel is [gteqt] 165 feet (50.3 m) in length overall (LOA), or 
 750 GRT (680.4 mt), or the vessel's total main propulsion 
machinery is  3,000 horsepower.
    (ii) Atlantic herring processing permit. A vessel of the United 
States that is  165 feet (50.3 m) LOA, or  750 GRT 
(680.4 mt) is eligible to obtain an Atlantic herring processing permit 
to receive and process Atlantic herring subject to the U.S. at-sea 
processing (USAP) allocation published by the Regional Administrator 
pursuant to Sec.  648.200. Such vessel may not receive or process 
Atlantic herring caught in or from the EEZ unless the vessel has been 
issued and has on board an Atlantic herring processing permit.
    (iii) Atlantic herring carrier vessels--letter of authorization. An 
Atlantic herring carrier vessel permitted under paragraph (a)(10)(i)(A) 
of this section must have been issued and have on board the vessel a 
letter of authorization to transport Atlantic herring caught by another 
permitted fishing vessel. The letter of authorization exempts such 
vessel from the VMS and IVR reporting requirements as specified in 
subpart K, except as otherwise required by this part. An Atlantic 
herring carrier vessel may request and obtain a letter of authorization 
from the Regional Administrator.
    (iv) Change in ownership. See paragraph (a)(1)(i)(D) of this 
section.
    (11) Spiny dogfish vessels. Any vessel of the United States that 
commercially fishes for, possesses, or lands spiny dogfish in or from 
the EEZ must have been issued and carry on board a valid commercial 
spiny dogfish vessel permit.
    (12) Tilefish vessels. Any vessel of the United States must have 
been issued and carry on board a valid tilefish vessel permit to fish 
for, possess, or land tilefish in or from the tilefish management unit.
    (i) Limited access tilefish permits--(A) Eligibility. A vessel may 
be issued a limited access tilefish permit if it meets any of the 
following limited access tilefish permit criteria, provided that the 
vessel landed the specified amounts of tilefish to meet such criteria 
within the tilefish management unit:
    (1) Full-time tier 1 category. The vessel landed at least 250,000 lb 
(113,430 kg) of tilefish per year for any 3 years between 1993 and 1998, 
at least 1 lb (2.20 kg) of which was landed prior to June 15, 1993.
    (2) Full-time tier 2 category. The vessel landed at least 30,000 lb 
(13,612 kg) per year for any of 3 years between 1993 and 1998, at least 
1 lb (2.20 kg) of which was landed prior to June 15, 1993.
    (3) Part-time category. The vessel landed 10,000 lb (4,537 kg) of 
tilefish in any 1 year between 1988 and 1993 and 10,000 lb (4,537 kg) in 
any 1 year between 1994 and 1998, or landed 28,000 lb (12,904 kg) of 
tilefish in any 1 year between 1984 and 1993, at least 1 lb (2.20 kg) of 
which was landed prior to June 15, 1993.

[[Page 301]]

    (B) Application/renewal restriction--(1) Initial application. A 
vessel owner must apply for an initial limited access tilefish permit 
before November 1, 2002, one year from the effective date of the 
regulations.
    (2) For fishing years beyond the initial application year, the 
provisions of paragraph (a)(1)(i)(B) of this section apply.
    (C) Qualification restrictions. The provisions of paragraph 
(a)(1)(i)(C) of this section apply.
    (D) Change in ownership. The provisions of paragraph (a)(1)(i)(D) of 
this section apply.
    (E) Replacement vessels. The provisions of paragraph (a)(1)(i)(E) of 
this section apply.
    (F) Upgraded vessel. The provisions of paragraph (a)(1)(i)(F) of 
this section apply.
    (G) Consolidation restriction. The provisions of paragraph 
(a)(1)(i)(G) of this section apply.
    (H) Vessel baseline specifications. The provisions of paragraph 
(a)(1)(i)(H) of this section apply.
    (I) Limited access permit restrictions. (1) A vessel may be issued a 
limited access tilefish permit for only one category during a fishing 
year.
    (2) A vessel issued a limited access tilefish permit may not be 
issued an incidental catch tilefish permit during a fishing year.
    (J) Confirmation of permit history. The provisions of paragraph 
(a)(1)(i)(J) of this section apply.
    (K) Abandonment or voluntary relinquishment of permits. The 
provisions of paragraph (a)(1)(i)(K) of this section apply.
    (L) Restriction on permit splitting. The provisions of paragraph 
(a)(1)(i)(L) of this section apply.
    (M) Appeal of denial of a permit. (1) Any applicant denied a 
tilefish limited access 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 
erred in concluding that the vessel did not meet the criteria in 
paragraphs (a)(12)(i)(A)(1),(2), or (3) of this section. The appeal must 
set forth the basis for the applicant's belief that the decision of the 
Regional Administrator 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. The 
hearing officer shall make a recommendation to the Regional 
Administrator. The decision on the appeal by the Regional Administrator 
is the final decision of the Department of Commerce.
    (3) Status of vessels pending appeal. A vessel denied a limited 
access tilefish permit may fish, provided that the denial has been 
appealed, the appeal is pending, and the vessel has on board a letter 
from the Regional Administrator authorizing the vessel to fish. The 
Regional Administrator will issue such a letter for the pendency of any 
appeal. The decision on the appeal is the final administrative action of 
the Department of Commerce. 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 shall become invalid 5 days after receipt of the 
notice of denial.
    (ii) Tilefish incidental catch permit. A vessel of the United States 
that is subject to these regulations and that has not been issued a 
limited access tilefish permit is eligible for and may be issued a 
tilefish incidental catch permit to possess or land tilefish in or from 
the tilefish management unit. Such vessel is subject to the restrictions 
in Sec. 648.252.
    (13) Red Crab vessels. Any vessel of the United States must have 
been issued and have on board a valid red crab vessel permit to fish 
for, catch, possess, transport, land, sell, trade, or barter, any red 
crab or red crab part in or from the EEZ portion of the Red Crab 
Management Unit.
    (i) Limited access red crab permit--(A) Eligibility. A vessel, or 
its replacement, may be issued a limited access red crab permit if the 
vessel's total landings averaged greater than 250,000 lb (113,400 kg) of 
red crab per year for the 3 years beginning March 1, 1997, through 
February 29, 2000. To calculate the average value per year, the total 
landings of whole red crab, or its equivalent by

[[Page 302]]

weight, between March 1, 1997, and February 29, 2000, inclusive, shall 
be divided by 3. If the quotient is greater than 250,000 lb (113,400 
kg), the vessel meets the landings criteria. For example, if a vessel 
caught greater than 750,000 lb (340,200 kg) in the 3-year qualifying 
time span--even if it fished just 2 of those 3 years--the average per 
year would be greater than 250,000 lb (113,400 kg).
    (B) Application/renewal restriction--(1) Initial application for 
2002. A vessel owner must apply for an initial limited access red crab 
permit before April 8, 2003. No vessel owner may apply for an initial 
limited access red crab permit after this date.
    (2) Fishing years 2003 and beyond. (i) For fishing years beyond the 
initial year, the provisions of paragraph (a)(1)(i)(B) of this section 
apply.
    (ii) A limited-access permit holder may choose to declare out of the 
red crab fishery for the next fishing year by submitting a binding 
declaration on a form supplied by the Regional Administrator, which must 
be received by NMFS at least 180 days before the last day of the current 
fishing year. NMFS will presume that a vessel intends to fish during the 
next fishing year unless such binding declaration is received at least 
180 days before the last day of the current fishing year. Any limited-
access permit holder who has submitted a binding declaration must submit 
either a new binding declaration or a renewal application for the year 
after which they were declared out of the fishery.
    (C) Qualification restrictions. The provisions of paragraph 
(a)(1)(i)(C) of this section apply.
    (D) Change in ownership. The provisions of paragraph (a)(1)(i)(D) of 
this section apply.
    (E) Replacement vessels. (1) To be eligible for a limited access 
permit under this section, the replacement vessel's length, GRT, and NT 
may not exceed by greater than 10 percent the length, GRT, and NT of the 
vessel's baseline specifications. The replacement vessel must also meet 
any other applicable criteria under paragraph (a)(13)(i)(F) of this 
section.
    (2) A vessel that lawfully replaced a vessel that meets the 
qualification criteria set forth in paragraph (a)(13)(i)(A) of this 
section may qualify for and fish under the permit category for which the 
replaced vessel qualified.
    (3) A vessel that replaced a vessel that fished for and landed red 
crab between March 1, 1997, and February 29, 2000, may use the replaced 
vessel's history in lieu of or in addition to such vessel's fishing 
history to meet the qualification criteria set forth in paragraph 
(a)(13)(i)(A) of this section, unless the owner of the replaced vessel 
retained the vessel's permit or fishing history, or such vessel no 
longer exists and was replaced by another vessel according to the 
provisions in paragraph (a)(1)(i)(D) of this section.
    (F) Upgraded vessel. A vessel may be upgraded, whether through 
refitting or replacement, and be eligible to retain or renew a limited 
access permit, provided that the vessel's length, GRT, and NT is 
increased no more than once. Any increase in any of the aforementioned 
specifications of vessel size may not exceed 10 percent of the vessel's 
baseline specifications, as applicable. If any increase in any of the 
aforementioned specifications of vessel size occurs, any increase in the 
other specifications must be performed at the same time.
    (G) Consolidation restriction. The provisions of paragraph 
(a)(1)(i)(G) of this section apply.
    (H) Vessel baseline specifications. The vessel baseline 
specifications in this section are the respective specifications 
(length, GRT, and NT) of the vessel indicated on the vessel's initial 
limited access permit as of the date the initial vessel applies for such 
permit.
    (I) Limited access permit restrictions. A vessel issued a limited 
access red crab permit may not be issued a red crab incidental catch 
permit during the same fishing year.
    (J) Confirmation of permit history (CPH). 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 and has not been replaced, 
must apply for and receive a CPH that confirms the fishing and permit 
history of such vessel has been retained lawfully by the applicant. To 
be eligible to obtain a CPH,

[[Page 303]]

the applicant must show that the qualifying vessel met 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 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)(13)(i)(E) of this section.
    (K) Abandonment or voluntary relinquishment of permits. The 
provisions of paragraph (a)(1)(i)(K) of this section apply.
    (L) Restriction on permit splitting. The provisions of paragraph 
(a)(1)(i)(L) of this section apply.
    (M) Notification of eligibility for 2002. (1) NMFS will attempt to 
notify all owners of vessels for which NMFS has credible evidence that 
they meet the qualification criteria described in paragraph 
(a)(13)(i)(A) of this section and that they qualify for a limited access 
red crab permit. Vessel owners must still apply by April 8, 2003 to 
complete the qualification requirements.
    (2) If the vessel owner has not been notified that the vessel is 
eligible to be issued a limited access red crab 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 red crab permit by April 8, 2003 by submitting evidence 
that the vessel meets the requirements described in paragraph 
(a)(13)(i)(A) of this section.
    (N) Appeal of denial of a permit. (1) Any applicant denied a limited 
access red crab 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 erred in 
concluding that the vessel did not meet the criteria in paragraph 
(a)(13)(i)(A) of this section. The appeal must set forth in writing the 
basis for the applicant's belief that the decision of the Regional 
Administrator 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. The 
hearing officer shall make a recommendation to the Regional 
Administrator. The decision on the appeal by the Regional Administrator 
is the final decision of the Department of Commerce.
    (3) Status of vessels pending appeal. A vessel denied a limited 
access red crab permit may fish for and land red crab as if a limited 
access permit had been issued, provided that the denial has been 
appealed, the appeal is pending, the vessel owner has presented prima 
facie evidence that the decision was made in error, and the vessel has 
on board a letter from the Regional Administrator authorizing the vessel 
to fish. During the appeal, the vessel may only land up to 75,000 lb 
(34,019 kg) of red crab per trip. The Regional Administrator will issue 
such a letter for the pendency of any appeal. The decision

[[Page 304]]

on the appeal is the final administrative action of the Department of 
Commerce. 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 shall become invalid 5 days after receipt of the notice of 
denial.
    (ii) Red crab incidental catch permit. A vessel of the United States 
that is subject to these regulations and that has not been issued a red 
crab limited access permit is eligible for and may be issued a red crab 
incidental catch permit to catch, possess, transport, land, sell, trade, 
barter, up to 500 lb (226.8 kg) of red crab, or its equivalent as 
specified at Sec. 648.263(a)(2)(i) and (ii), per fishing trip in or from 
the Red Crab Management Unit. Such vessel is subject to the restrictions 
in Sec. 648.263(b).
    (14) Skate vessels. Any vessel of the United States must have been 
issued and have on board a valid skate vessel permit to fish for, 
possess, transport, sell, or land skates in or from the EEZ portion of 
the Skate Management Unit.
    (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 except tilefish managed under this part must comply with the 
more restrictive requirement. 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 
tilefish management unit for tilefish 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, or a spiny dogfish, or 
bluefish, commercial vessel permit must also agree not to land summer 
flounder, scup, black sea bass, spiny dogfish, or bluefish, 
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, black sea bass, or bluefish, either directly or through 
a coast-wide allocation, is deemed to have no commercial quota 
available. Owners and operators of vessels fishing under the terms of 
the tilefish limited access permit must agree not to land tilefish after 
NMFS has published a notification in the Federal Register stating that 
the quota for the tilefish limited access category under which a vessel 
is fishing has been harvested. Owners or operators fishing for surfclams 
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 surfclam and ocean quahog requirement 
of this part differs from a surfclam 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 surfclams and ocean 
quahogs must comply with the more restrictive requirement while fishing 
in state waters. However, surrender of a surfclam 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.
    (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

[[Page 305]]

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) 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 NE multispecies permit 
must also contain the following information: For vessels fishing for NE 
multispecies with gillnet gear, with the exception of vessels fishing 
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). 
A vessel owner electing a Day or Trip gillnet designation must indicate 
the number of gillnet tags that he/she is requesting and must include a 
check for the cost of the tags. A permit holder letter will be sent to 
the owner of each eligible gillnet vessel informing him/her 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.

[[Page 306]]

    (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.
    (vi) An application for an Atlantic herring permit must also contain 
the following information:
    (A) If the vessel operator caught  500 mt of Atlantic 
herring in the previous fishing year, a statement so stating;
    (B) If the vessel operator intends to catch  500 mt of 
Atlantic herring in the current fishing year, a statement so stating;
    (C) If the vessel operator either caught  500 mt of 
Atlantic herring in the previous fishing year, or intends to catch 
 500 mt of Atlantic herring in the current fishing year, a 
copy of a vendor installation receipt from a NMFS-approved VMS vendor, 
as described in Sec. 648.9, must also be provided:
    (1) From January 10, 2001, through March 12, 2001, not later than 
March 12, 2001;
    (2) After March 12, 2001, with the application.
    (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-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.

[[Page 307]]

    (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]

    Editorial Note: For Federal Register citations affecting Sec. 648.4, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 648.5  Operator permits.

    (a) General. Any operator of a vessel fishing for or possessing 
Atlantic sea scallops in excess of 40 lb (18.1 kg), NE multispecies, 
spiny dogfish, monkfish, Atlantic herring, Atlantic surf clam, ocean 
quahog, Atlantic mackerel, squid, butterfish, scup, black sea bass, or 
bluefish, harvested in or from the EEZ; tilefish harvested in or from 
the EEZ portion of the Tilefish Management Unit; skates harvested in or 
from the EEZ portion of the Skate Management Unit; or Atlantic deep-sea 
red crab harvested in or from the EEZ portion of the Red Crab Management 
Unit, issued a permit, including carrier and processing permits, for 
these species under this part, must have been issued under this section, 
and carry on board, a valid operator permit. An operator's permit issued 
pursuant to part 697 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 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

[[Page 308]]

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; 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 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; 64 FR 57593, Oct. 26, 1999; 64 FR 66587, Nov. 
29, 1999; 65 FR 45851, July 26, 2000; 65 FR 77465, Dec. 11, 2000; 66 FR 
49143, Sept. 26, 2001; 67 FR 63231, Oct. 10, 2002; 68 FR 49699, Aug. 19, 
2003]



Sec. 648.6  Dealer/processor permits.

    (a) General. (1) All dealers of NE multispecies, monkfish, skates, 
Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab, 
spiny dogfish, summer flounder, Atlantic surf clam, ocean quahog, 
Atlantic mackerel, squid, butterfish, scup, bluefish, tilefish, and 
black sea bass; Atlantic surf clam and ocean quahog processors; and 
Atlantic herring processors or dealers, as described in Sec. 648.2; must 
have been issued under this section, and have in their possession, a 
valid permit or permits for these species. A

[[Page 309]]

person who meets the requirements of both the dealer and processor 
definitions of any of the aforementioned species' fishery regulations 
may need to obtain both a dealer and a processor permit, consistent with 
the requirements of that particular species' fishery regulations. 
Persons aboard vessels receiving small-mesh multispecies, skates, and/or 
Atlantic herring at sea for their own use exclusively as bait are deemed 
not to be dealers, and are not required to possess a valid dealer permit 
under this section, for purposes of receiving such small-mesh 
multispecies, skates, and/or Atlantic herring, provided the vessel 
complies with the provisions of Sec. 648.13.
    (2) [Reserved]
    (b) Dealer/processor permit applications. Same as Sec. 648.5(b).
    (c) Information requirements. Applications must contain at least the 
following information, as applicable, 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, name of at-sea processor 
vessel, and current vessel documentation papers.
    (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; 64 FR 57593, Oct. 26, 1999; 65 FR 45851, July 
26, 2000; 65 FR 77465, Dec. 11, 2000; 66 FR 49144, Sept. 26, 2001; 68 FR 
49699, Aug. 19, 2003]



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

[[Page 310]]

clam and ocean quahog dealers or processors who are required to report 
only surf clam and ocean quahog purchases. 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) All dealers issued a dealer permit under this part, with the 
exception of those utilizing the surf clam or ocean quahog dealer 
permit, 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; signature 
of person supplying the information; and any other information deemed 
necessary by the Regional Administrator. The dealer or other authorized 
individual must sign all report forms. 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.
    (iii) Dealer reporting requirements for skates. In addition to the 
requirements under paragraph (a)(1)(i) of this section, dealers shall 
report the species of skates received. Species of skates shall be 
identified according to the following categories: Winter skate, little 
skate, little/winter skate, barndoor skate, smooth skate, thorny skate, 
clearnose skate, rosette skate, and unclassified skate. NOAA Fisheries 
will provide dealers with a skate species identification guide.
    (2) Weekly IVR system reports. (i) Federally permitted dealers, 
other than Atlantic herring and tilefish 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, other than 
Atlantic herring and tilefish; 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,

[[Page 311]]

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) All dealers issued a dealer permit under this part, with the 
exception of those processing only surfclams or ocean quahogs, must 
complete all sections of the Annual Processed Products Report for all 
species of fish or shellfish that were processed during the previous 
year. Reports must be submitted to the address supplied by the Regional 
Administrator.
    (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.
    (iii) Atlantic herring processors, including processing vessels, 
must complete and submit all sections of the Annual Processed Products 
Report.
    (b) Vessel owners or operators--(1) Fishing Vessel Trip Reports--(i) 
The owner or operator of any vessel issued a valid permit under this 
part must maintain on board the vessel, and submit, an accurate fishing 
log report for each fishing trip, 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, a vessel owner 
or operator may submit reports electronically, for example by using a 
VMS or other media. With the exception of those vessel owners or 
operators fishing under a surfclam or ocean quahog permit, 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 charter or party boat); gear fished; quantity and size of 
gear; mesh/ring size; chart area fished; average depth; latitude/
longitude (or loran station and bearings); total hauls per area fished; 
average tow time duration; hail weight, in pounds (or count of 
individual fish, if a party or charter vessel), by species, of all 
species, or parts of species, such as monkfish livers, landed or 
discarded; and, in the case of skate discards, ``small'' (i.e., less 
than 23 inches (58.42 cm), total length) or ``large'' (i.e., 23 inches 
(58.42 cm) or greater, total length) skates; dealer permit number; 
dealer name; date sold, port and state landed; and vessel operator's 
name, signature, and operator's 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.
    (iii) Vessel reporting requirements for skates. In addition to the 
requirements under paragraph (b)(1)(i) of this section, the owner or 
operator of any vessel issued a skate permit shall report

[[Page 312]]

the species of all skates landed. Species of skates shall be identified 
according to the following categories: Winter skate, little skate, 
little/winter skate, barndoor skate, smooth skate, thorny skate, 
clearnose skate, rosette skate, and unclassified skate. Discards of 
skates shall be reported according to two size classes, large skates 
(greater than or equal to 23 inches (58.42 cm) in total length) and 
small skates (less than 23 inches (58.42 cm) in total length). All other 
vessel reporting requirements remain unchanged. NOAA Fisheries will 
provide vessel owners or operators that intend to land skates with a 
skate identification guide to assist in this data collection program.
    (2) IVR system reports--(i) Atlantic herring owners or operators. 
The owner or operator of a vessel described here must report catches 
(retained and discarded) of herring each week to an IVR system. The 
report shall include at least the following information, and any other 
information required by the Regional Administrator: Vessel 
identification, reporting week in which species are caught, pounds 
retained, pounds discarded, management area fished, and pounds of 
herring caught in each management area for the previous week. Weekly 
Atlantic herring catch reports must be submitted via the IVR system by 
midnight, Eastern Time, each Tuesday for the previous week. Reports are 
required even if herring caught during the week has not yet been landed. 
This report does not exempt the owner or operator from other applicable 
reporting requirements of Sec. 648.7.
    (A) The owner or operator of any vessel issued a permit for Atlantic 
herring subject to the requirements specified by Sec. 648.4(c)(2)(vi)(C) 
that is required by Sec. 648.205 to have a VMS unit on board must submit 
an Atlantic herring catch report via the IVR system each week (including 
weeks when no herring is caught), unless exempted from this requirement 
by the Regional Administrator.
    (B) An owner or operator of any vessel issued a permit for Atlantic 
herring that is not required by Sec. 648.205 to have a VMS unit on board 
and that catches [ge] 2,000 lb (907.2 kg) of Atlantic herring on any 
trip in a week must submit an Atlantic herring catch report via the IVR 
system for that week as required by the Regional Administrator.
    (C) An owner or operator of any vessel that catches [ge] 2,000 lb 
(907.2 kg) of Atlantic herring, some or all of which is caught in or 
from the EEZ, on any trip in a week, must submit an Atlantic herring 
catch report via the IVR system for that week as required by the 
Regional Administrator.
    (D) Atlantic herring IVR reports are not required from Atlantic 
herring carrier vessels.
    (ii) Tilefish vessel owners or operators. The owner or operator of 
any vessel issued a limited access permit for tilefish must submit a 
tilefish catch report via the IVR system within 24 hours after returning 
to port and offloading as required by the Regional Administrator. The 
report shall include at least the following information, and any other 
information required by the Regional Administrator: Vessel 
identification, trip during which species are caught, and pounds landed. 
IVR reporting does not exempt the owner or operator from other 
applicable reporting requirements of this section.
    (iii) Red crab vessel owners and operators. The owner or operator of 
any vessel issued a limited access permit for red crab must submit a red 
crab catch report via the IVR system within 24 hours after returning to 
port and offloading as required by the Regional Administrator. The 
report shall include at least the following information, and any other 
information required by the Regional Administrator: Vessel 
identification, DAS confirmation number, trip during which species are 
caught, date landed, condition (whole, half sections with gills, half 
sections without gills), and pounds landed. IVR reporting does not 
exempt the owner or operator from other applicable reporting 
requirements of this section.
    (c) When to fill out a log report. Log reports required by paragraph 
(b)(1)(i) of this section must be filled out with all required 
information, except for information not yet ascertainable, prior to 
entering port with fish. Information that may be considered 
unascertainable prior to entering port with fish includes dealer name, 
dealer

[[Page 313]]

permit number, and date sold. Log reports must be completed as soon as 
the information becomes available. Log reports required by paragraph 
(b)(1)(ii) of this section must be filled out before landing any 
surfclams or ocean quahogs.
    (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 must make immediately available for 
inspection the fishing log reports currently in use, or to be submitted.
    (e) Record retention. Copies of dealer reports, and records upon 
which the reports were based, must be retained and be available for 
review for a total of 3 years after the date of the last entry on the 
report. Dealers must retain required reports and records at their 
principal place of business. Copies of fishing log reports must be kept 
on board the vessel for at least 1 year and available for review and 
retained for a total of 3 years after the date of the last entry on the 
log.
    (f) Submitting reports--(1) Dealer or processor reports. (i) 
Detailed weekly trip reports, required by paragraph (a)(1)(i) 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) Surfclam and ocean quahog reports, required by paragraph 
(a)(1)(ii) of this section, must be postmarked or received within 3 days 
after the end of each reporting week.
    (iii) 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.
    (iv) 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. (i) Fishing vessel log reports, 
required by paragraph (b)(1)(i) of this section, must be postmarked or 
received 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.
    (ii) Surfclam and ocean quahog log reports, required by paragraph 
(b)(1)(ii) of this section, must be postmarked or received within 3 days 
after the end of each reporting week.
    (3) At-sea purchasers, receivers, or processors. All persons, except 
persons on Atlantic herring carrier vessels, purchasing, receiving, or 
processing any Atlantic herring, summer flounder, Atlantic mackerel, 
squid, butterfish, scup, or black sea bass at sea for landing at any 
port of the United States must submit information identical to that 
required by paragraphs (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; 64 FR 57593, Oct. 26, 1999; 65 FR 
1569, Jan. 11, 2000; 65 FR 45851, July 26, 2000; 65 FR 60895, Oct. 13, 
2000; 65 FR 77465, Dec. 11, 2000; 66 FR 49144, Sept. 26, 2001; 67 FR 
3444, Jan. 24, 2002; 67 FR 63231, Oct. 10, 2002; 68 FR 49699, Aug. 19, 
2003]



Sec. 648.8  Vessel identification.

    (a) Vessel name and official number. Each fishing vessel subject to 
this part

[[Page 314]]

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 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

[[Page 315]]

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) Except as provided in paragraph 
(c)(2) of this section, or unless otherwise required by Sec. 648.58(h), 
all required VMS units must transmit a signal indicating the vessel's 
accurate position at least every hour, 24 hours a day, throughout the 
year.
    (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) 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.
    (iii) Any VMS-equipped vessel with an Atlantic herring permit, 
unless required by other fishery regulations to have on board a fully 
operational VMS unit at all times, need not transmit a signal when the 
vessel is in port.
    (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 or monkfish 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, or an Atlantic herring permit, all vessel owners 
must allow NMFS, the USCG, and their authorized officers or designees 
access to the vessel's DAS data, if applicable, and location data 
obtained from its VMS unit, if required, 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

[[Page 316]]

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; 64 FR 54745, Oct. 7, 1999; 65 FR 77466, Dec. 
11, 2000]



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[min]      66[deg]47[min]
 (Canada landmass).
2. A point east of West Quoddy    44[deg]48.9[min]    66[deg]56.1[min]
 Head Light.
3. A point east of Little River   44[deg]39.0[min]    67[deg]10.5[min]
 Light.
4. Whistle Buoy ``8BI'' (SSE of   44[deg]13.6[min]    68[deg]10.8[min]
 Baker Island).
5. Isle au Haut Light...........  44[deg]03.9[min]    68[deg]39.1[min]
6. Pemaquid Point Light.........  43[deg]50.2[min]    69[deg]30.4[min]
7. A point west of Halfway Rock.  43[deg]38.0[min]    70[deg]05.0[min]
8. A point east of Cape Neddick   43[deg]09.9[min]    70[deg]34.5[min]
 Light.
9. Merrimack River Entrance       42[deg]48.6[min]    70[deg]47.1[min]
 ``MR'' Whistle Buoy.
10. Halibut Point Gong Buoy       42[deg]42.0[min]    70[deg]37.5[min]
 ``1AHP''.
11. Connecting reference point..  42[deg]40[min]      70[deg]30[min]
12. Whistle Buoy ``2'' off        42[deg]34.3[min]    70[deg]39.8[min]
 Eastern Point.
13. The Graves Light (Boston)...  42[deg]21.9[min]    70[deg]52.2[min]
14. Minots Ledge Light..........  42[deg]16.2[min]    70[deg]45.6[min]
15. Farnham Rock Lighted Bell     42[deg]05.6[min]    70[deg]36.5[min]
 Buoy.
16. Cape Cod Canal Bell Buoy      41[deg]48.9[min]    70[deg]27.7[min]
 ``CC''.
17. A point inside Cape Cod Bay.  41[deg]48.9[min]    70[deg]05[min]
18. Race Point Lighted Bell Buoy  42[deg]04.9[min]    70[deg]16.8[min]
 ``RP''.
19. Peaked Hill Bar Whistle Buoy  42[deg]07.0[min]    70[deg]06.2[min]
 ``2PH''.
20. Connecting point, off Nauset  41[deg]50[min]      69[deg]53[min]
 Light.
21. A point south of Chatham      41[deg]38[min]      69[deg]55.2[min]
 ``C'' Whistle Buoy.
22. A point in eastern Vineyard   41[deg]30[min]      70[deg]33[min]
 Sound.
23. A point east of Martha's      41[deg]22.2[min]    70[deg]24.6[min]
 Vineyard.
24. A point east of Great Pt.     41[deg]23.4[min]    69[deg]57[min]
 Light, Nantucket.
25. A point SE of Sankaty Head,   41[deg]13[min]      69[deg]57[min]
 Nantucket.
26. A point west of Nantucket...  41[deg]15.6[min]    70[deg]25.2[min]
27. Squibnocket Lighted Bell      41[deg]15.7[min]    70[deg]46.3[min]
 Buoy ``1''.
28. Wilbur Point (on Sconticut    41[deg]35.2[min]    70[deg]51.2[min]
 Neck).
29. Mishaum Point (on Smith       41[deg]31.0[min]    70[deg]57.2[min]
 Neck).
30. Sakonnet Entrance Lighted     41[deg]25.7[min]    71[deg]13.4[min]
 Whistle Buoy ``SR''.
31. Point Judith Lighted Whistle  41[deg]19.3[min]    71[deg]28.6[min]
 Buoy ``2''.
32. A point off Block Island      41[deg]08.2[min]    71[deg]32.1[min]
 Southeast Light.
33. Shinnecock Inlet Lighted      40[deg]49.0[min]    72[deg]28.6[min]
 Whistle Buoy ``SH''.
34. Scotland Horn Buoy ``S'',     40[deg]26.5[min]    73[deg]55.0[min]
 off Sandy Hook (NJ).
35. Barnegat Lighted Gong Buoy    39[deg]45.5[min]    73[deg]59.5[min]
 ``2''.
36. A point east of Atlantic      39[deg]21.9[min]    74[deg]22.7[min]
 City Light.
37. A point east of Hereford      39[deg]00.4[min]    74[deg]46[min]
 Inlet Light.
38. A point east of Cape          38[deg]47[min]      75[deg]04[min]
 Henlopen Light.
39. A point east of Fenwick       38[deg]27.1[min]    75[deg]02[min]
 Island Light.
40. A point NE of Assateague      38[deg]00[min]      75[deg]13[min]
 Island (VA).
41. Wachapreague Inlet Lighted    37[deg]35.0[min]    75[deg]33.7[min]
 Whistle Buoy ``A''.
42. A point NE of Cape Henry....  36[deg]55.6[min]    75[deg]58.5[min]
43. A point east of Currituck     36[deg]22.6[min]    75[deg]48[min]
 Beach Light.
44. Oregon Inlet (NC) Whistle     35[deg]48.5[min]    75[deg]30[min]
 Buoy.
45. Wimble Shoals, east of        35[deg]36[min]      75[deg]26[min]
 Chicamacomico.
46. A point SE of Cape Hatteras   35[deg]12.5[min]    75[deg]30[min]
 Light.
47. Hatteras Inlet Entrance Buoy  35[deg]10[min]      75[deg]46[min]
 ``HI''.
48. Ocracoke Inlet Whistle Buoy   35[deg]01.5[min]    76[deg]00.5[min]
 ``OC''.
49. A point east of Cape Lookout  34[deg]36.5[min]    76[deg]30[min]
 Light.
50. Southern terminus point.....  34[deg]35[min]      76[deg]41[min]
------------------------------------------------------------------------

    (b) VMS Notification. (1) A scallop vessel issued a full-time or 
part-time limited access scallop permit; or issued an occasional limited 
access permit when fishing under the Sea Scallop Area Access Program 
specified under Sec. 648.58; or a scallop vessel fishing under the small 
dredge program specified in Sec. 648.51(e);

[[Page 317]]

or a vessel issued a limited access multispecies, monkfish, occasional 
scallop, or combination permit whose owner elects to provide the 
notifications required by paragraph (b) of this section using a VMS that 
meets the minimum performance criteria specified in Sec. 648.9(b) or as 
modified pursuant to Sec. 648.9(a), unless otherwise authorized or 
required by the Regional Administrator under paragraph (d) of this 
section, must have installed on board an operational VMS unit that meets 
the minimum performance criteria specified in Sec. 648.9(b) or as 
modified pursuant to Sec. 648.9(a). The owner of such a vessel must 
provide documentation to the Regional Administrator at the time of 
application for a limited access permit that the vessel has an 
operational VMS unit 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 vessel to install an operational VMS unit that 
meets the criteria and for the owner to provide documentation of such 
installation to the Regional Administrator. A vessel that is required 
to, or whose owner has elected to, use a VMS unit is subject to the 
following requirements and presumptions:
    (i) A vessel that have crossed the VMS Demarcation Line specified 
under paragraph (a) of this section is 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, or monkfish 
fishery, as applicable, for a specific time period by notifying the 
Regional Administrator through the VMS prior to the vessel leaving port.
    (ii) A part-time scallop vessel may not fish in the DAS allocation 
program unless it declares into the scallop fishery for a specific time 
period by notifying the Regional Administrator through the VMS.
    (iii) Notification that the vessel is not under the DAS program must 
be received prior to the vessel leaving port. A vessel may not change 
its status after the vessel leaves port or before it returns to port on 
any fishing trip.
    (iv) DAS for a vessel that is under the VMS notification 
requirements of this paragraph (b) begin with the first hourly location 
signal received showing that the vessel crossed the VMS Demarcation Line 
leaving port. DAS end with the first hourly location signal received 
showing that the vessel crossed the VMS Demarcation Line upon its return 
to port.
    (v) 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)(i), (ii), and (iii) of this 
section by using the call-in notification system described under 
paragraph (c) of this section, instead of using the VMS specified in 
paragraph (b) of this section.
    (2)(i) A vessel issued a limited access multispecies, monkfish, 
occasional scallop, or combination permit must use the call-in 
notification system specified in paragraph (c) of this section, unless 
the owner of such vessel has elected under paragraph (b)(2)(iii) of this 
section to provide the notifications required by paragraph (b) of this 
section.
    (ii) Upon recommendation by the Council, the Regional Administrator 
may require, by notification through a letter to affected permit 
holders, notification in the Federal Register, or other appropriate 
means, that a multispecies vessel issued an Individual DAS or 
Combination Vessel permit install 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). An owner of such a vessel must provide 
documentation to the Regional Administrator that the vessel has 
installed on board an operational VMS unit that meets those criteria. If 
a vessel has already been issued a permit without the owner providing 
such documentation, the Regional Administrator shall allow at least 30 
days for the vessel to install an operational VMS unit that meets the 
criteria and for the owner to provide documentation of such installation 
to the Regional Administrator. A vessel that is required to use a VMS 
shall be subject to the requirements and presumptions described under 
paragraphs

[[Page 318]]

(b)(1)(i) through (b)(1)(v) of this section.
    (iii) A vessel issued a limited access multispecies, monkfish, 
occasional scallop, or combination permit may be authorized by the 
Regional Administrator to provide the notifications required by 
paragraph (b) of this section using the VMS specified in paragraph (b) 
of this section. The owner of such vessel becomes authorized by 
providing documentation to the Regional Administrator at the time of 
application for an individual or combination vessel limited access 
multispecies permit that the vessel has 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). Vessels that 
are authorized to use the VMS in lieu of the call-in requirement for DAS 
notification shall be subject to the requirements and presumptions 
described under paragraphs (b)(1)(i) through (b)(1)(v) of this section. 
Those who elect to use the VMS do not need to call in DAS as specified 
in paragraph (c) of this section. Vessels that do call in are exempt 
from the prohibition specified in Sec. 648.14(c)(2).
    (c) Call-in notification. Owners of vessels issued limited access 
multispecies, monkfish or red crab permits who are participating in a 
DAS program and who are not required to provide notification using a 
VMS, 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)(M)(3), 
(a)(9)(i)(N)(3) and (a)(13)(i)(N)(3) are subject to the following 
requirements:
    (1) Less than 1 hour prior to leaving port, for vessels issued a 
limited access NE multispecies permit or, for vessels issued a limited 
access NE multispecies permit and a limited access monkfish Category C 
or D permit, and, prior to leaving port for vessels issued a limited 
access monkfish Category A or B permit, 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, or when a vessel leaves port, 
whichever occurs first.
    (2) The vessel's confirmation numbers for the current and 
immediately prior multispecies, monkfish or red crab 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 greater than 400 lb 
(181 kg) of scallops, and any vessel issued a limited access 
multispecies permit subject to the multispecies DAS program and call-in 
requirement that possesses or lands regulated species, except as 
provided in Secs. 648.17 and 648.89, any vessel issued a limited access 
monkfish permit subject to the monkfish DAS program and call-in 
requirement that possesses or lands monkfish above the incidental catch 
trip limits specified in Sec. 648.94(c), and any vessel issued a limited 
access red crab permit subject to the red crab DAS program and call-in 
requirement that possesses or lands red crab above the incidental catch 
trip limits specified in Sec. 648.263(b)(1), shall be deemed in its 
respective DAS program for purposes of counting DAS, regardless of 
whether the vessel's owner or authorized representative provided 
adequate notification as required by paragraph (c) of this section.
    (d) Temporary authorization for use of the call-in system. The 
Regional Administrator may authorize or require, on a

[[Page 319]]

temporary basis, the use of the call-in system of notification specified 
in paragraph (c) of this section, instead of use of the VMS. 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. A multispecies vessel 
issued an Individual DAS or Combination Vessel (regarding the 
multispecies fishery) permit are authorized to use the call-in system of 
notification specified in paragraph (c) of this section, unless 
otherwise notified as specified in paragraph (b)(2) of this section.
    (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. 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

[[Page 320]]

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; 64 FR 54745, Oct. 7, 1999; 64 FR 55825, Oct. 15, 1999; 65 FR 
21664, Apr. 24, 2000; 66 FR 24056, May 11, 2001; 67 FR 50305, Aug. 1, 
2002; 67 FR 63232, Oct. 10, 2002]



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

    (a) The Regional Administrator may request any vessel holding a 
permit for Atlantic sea scallops, NE multispecies, monkfish, skates, 
Atlantic mackerel, squid, butterfish, scup, black sea bass, bluefish, 
spiny dogfish, Atlantic herring, tilefish, or Atlantic deep-sea red 
crab; or a moratorium permit for summer flounder; to carry a NMFS-
approved sea sampler/observer.
    (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, a scup moratorium permit, a black sea bass moratorium 
permit, a bluefish permit, a spiny dogfish permit, an Atlantic herring 
permit, an Atlantic deep-sea red crab permit, a skate permit, or a 
tilefish 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, black sea bass, bluefish, spiny dogfish, 
Atlantic herring, Atlantic deep-sea red crab, tilefish, skates 
(including discards) or other specimens taken by the vessel.
    (2) Provide the sea sampler/observer with sea turtles, marine 
mammals, summer flounder, scup, black sea bass, bluefish, spiny dogfish, 
Atlantic herring, Atlantic deep-sea red crab, skates, tilefish, or other 
specimens taken by the vessel.

[[Page 321]]

    (f) NMFS may accept observer coverage funded by outside sources if:
    (1) All coverage conducted by such observers is determined by NMFS 
to be in compliance with NMFS' observer guidelines and procedures.
    (2) The owner or operator of the vessel complies with all other 
provisions of this part.
    (3) The observer is approved by the Regional Administrator.

[61 FR 34968, July 3, 1996, as amended at 61 FR 43425, Aug. 23, 1996; 61 
FR 58465, Nov. 15, 1996; 65 FR 1569, Jan. 11, 2000; 65 FR 45852, July 
26, 2000; 65 FR 77466, Dec. 11, 2000; 66 FR 49144, Sept. 26, 2001; 68 FR 
49700, Aug. 19, 2003]



Sec. 648.12  Experimental fishing.

    The Regional Administrator may exempt any person or vessel from the 
requirements of subparts A (General provisions), B (Atlantic mackerel, 
squid, and butterfish), D (Atlantic sea scallop), E (Atlantic surf clam 
and ocean quahog), F (NE multispecies and monkfish), G (summer 
flounder), H (scup), I (black sea bass), J (Atlantic bluefish), K 
(Atlantic herring), L (spiny dogfish), M (Atlantic deep-sea red crab), N 
(tilefish), and O (skates) 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 MAFMC regarding such exemptions for the 
Atlantic mackerel, squid, butterfish, summer flounder, scup, black sea 
bass, spiny dogfish, bluefish, and tilefish 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; 
65 FR 45852, July 26, 2000; 65 FR 77466, Dec. 11, 2000; 66 FR 49144, 
Sept. 26, 2001; 68 FR 49700, Aug. 19, 2003]



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)(1) Except as provided in paragraph (b)(2) of this section, 
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 Federal 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.
    (2) Vessels issued a Federal multispecies permit under 
Sec. 648.4(a)(1) may transfer from one vessel to another, for use as 
bait, up to 500 lb (226.8 kg) of silver hake and unlimited amounts of 
red hake, per trip, provided:
    (i) The transferring vessel possesses a Federal multispecies permit 
as specified under Sec. 648.4(a)(1);
    (ii) The transferring vessel has a letter of authorization issued by 
the Regional Administrator on board; and
    (iii) The receiving vessel possesses a written receipt for any 
small-mesh multispecies purchased at sea.
    (c) All persons are prohibited from transferring or attempting to 
transfer

[[Page 322]]

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.
    (e) Vessels issued a letter of authorization from the Regional 
Administrator to transfer small-mesh multispecies at sea for use as bait 
will automatically have 500 lb (226.8 kg) deducted from the vessel's 
combined silver hake and offshore hake possession limit, as specified 
under Sec. 648.86(c), for every trip during the participation period 
specified on the letter of authorization, regardless of whether a 
transfer of small-mesh multispecies at sea occurred or whether the 
actual amount that was transferred was less than 500 lb (226.8 kg). This 
deduction shall be noted on the transferring vessel's letter of 
authorization from the Regional Administrator.
    (f) Atlantic herring. Except for a person who purchases and/or 
receives Atlantic herring at sea for his own personal use as bait and 
who does not have purse seine, mid-water trawl, pelagic gillnet, sink 
gillnet, or bottom trawl gear on board, any person or vessel is 
prohibited from transferring, receiving, or attempting to transfer or 
receive any Atlantic herring taken from the EEZ, and any vessel issued 
an Atlantic herring permit is prohibited from transferring, receiving, 
or attempting to transfer or receive, Atlantic herring, unless the 
person or vessel complies with the following:
    (1) The transferring and receiving vessels have been issued valid 
Atlantic herring permits and/or other applicable authorization, such as 
a letter of authorization from the Regional Administrator, to transfer 
or receive herring.
    (2) The vessel does not transfer to a U.S. vessel, and a U.S. vessel 
does not receive,  2,000 lb (907.2 kg) of herring per day in 
or from a management area closed to directed fishing for Atlantic 
herring.
    (3) The vessel does not transfer herring in or from an area closed 
to directed fishing for Atlantic herring to an IWP or Joint Venture 
vessel.
    (4) The vessel does not transfer Atlantic herring to a Canadian 
transshipment vessel that is permitted in accordance with Pub. L. 104-
297 after the amount of herring transshipped equals the amount of the BT 
specified pursuant to Sec. 648.200.
    (g) All persons are prohibited from transferring at sea, either 
directly or indirectly, or attempting to transfer at sea to any vessel, 
any red crab or red crab parts, taken in or from the EEZ portion of the 
Red Crab Management Unit.
    (h) Skates. (1) Except as provided in paragraph (h)(2) of this 
section, all persons or vessels issued a Federal skate permit are 
prohibited from transferring, or attempting to transfer, at sea any 
skates to any vessel, and all persons or vessels are prohibited from 
transferring, or attempting to transfer, at sea to any vessel any skates 
while in the EEZ, or skates taken in or from the EEZ portion of the 
Skate Management Unit.
    (2) Vessels and vessel owners or operators issued Federal skate 
permits under Sec. 648.4(a)(14) may transfer at sea skates taken in or 
from the EEZ portion of the Skate Management Unit provided:
    (i) The transferring vessel possesses on board a letter of 
authorization issued by the Regional Administrator as specified under 
Sec. 648.322(b);
    (ii) The vessel and vessel owner or operator comply with the 
requirements specified at Sec. 648.322(b);
    (iii) The transferring vessel maintains a record of the quantity of 
skates transferred according to the requirements at Sec. 648.7; and
    (iv) The transferring vessel provides the receiving vessel 
documentation showing the date and the amount of skates transferred, 
whether or not a monetary exchange is involved in the transfer, and the 
transferring vessel maintains onboard, for a minimum of 1 year from the 
date of the transfer, a copy of said documentation.

[61 FR 34968, July 3, 1996, as amended at 62 FR 28642, May 27, 1997; 62 
FR 63875, Dec. 3, 1997; 65 FR 16774, Mar. 29, 2000; 65 FR 77466, Dec. 
11, 2000; 67 FR 63232, Oct. 10, 2002; 68 FR 22336, Apr. 28, 2003; 68 FR 
49700, Aug. 19, 2003]

[[Page 323]]



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 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.

[[Page 324]]

    (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 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 areas described in 
Sec. 648.80(a)(1) and (2), nets with mesh size smaller than the minimum 
mesh size specified in Sec. 648.80(a)(3) and (4), except as provided in 
Sec. 648.80(a)(5) through (8), (a)(9), (a)(10), (a)(15), (d), (e), and 
(i), unless the vessel has not been issued a NE multispecies permit and 
fishes for NE

[[Page 325]]

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.
    (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 in Sec. 648.81(b)(2).
    (40) Enter or be in the area described in Sec. 648.81(c)(1) on a 
fishing vessel, except as allowed under 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)(6) with nets 
of mesh smaller than the minimum size specified in Sec. 648.80(a)(3) or 
(4).
    (43) Violate any of the provisions of Sec. 648.80, including 
paragraphs (a)(5), the small-mesh northern shrimp fishery exemption 
area; (a)(6), the Cultivator Shoal whiting fishery exemption area; 
(a)(9), Small-mesh Area 1/Small-mesh Area 2; (a)(10), the Nantucket 
Shoals dogfish fishery exemption area; (a)(12), the Nantucket Shoals 
mussel and sea urchin dredge exemption area; (a)(13), the GOM/GB 
monkfish gillnet exemption area; (a)(14), the GOM/GB dogfish gillnet 
exemption area; (a)(15), the Raised Footrope Trawl Exempted Whiting 
Fishery; (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. Each violation of any provision in 
Sec. 648.80 constitutes 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)(5).
    (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) or (3), (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 possession or landing restrictions on 
fishing with scallop dredge gear specified in Secs. 648.80(h) and 
648.94.
    (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), and (n)(1), except as provided in Sec. 648.81(d), (g)(2), 
(h)(2), (i)(2), and (n)(2).
    (53) Possess, land, or fish for regulated species, except winter 
flounder as provided for in accordance with

[[Page 326]]

Sec. 648.80(i) and from or within the areas described in Sec. 648.80(i), 
while in possession of scallop dredge gear on a vessel not fishing under 
the scallop DAS program as described in Sec. 648.53, or fishing under a 
general scallop permit, unless the vessel and the dredge gear conform 
with the stowage requirements of Sec. 648.51 (a)(2)(ii) and (e)(2), or 
unless the vessel has not been issued a multispecies permit and fishes 
for NE multispecies exclusively in state waters.
    (54) Possess or land fish caught with nets of mesh smaller than the 
minimum size specified in Sec. 648.51, or with scallop dredge gear on a 
vessel not fishing under the scallop DAS program described in 
Sec. 648.54 of this chapter, or fishing under a general scallop permit, 
unless said fish are caught, possessed or landed in accordance with 
Secs. 648.80 and 648.86, or unless the vessel has not been issued a 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (55) Purchase, possess, or receive as a dealer, or in the capacity 
of a dealer, regulated species in excess of the possession limit 
specified in Sec. 648.86 applicable to a vessel issued a multispecies 
permit, 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

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or from the EEZ, or issued a permit pursuant to this part, without 
having been issued and possessing a valid operator's permit.
    (65) Possess in or harvest from the EEZ summer flounder, either in 
excess of the possession limit specified in Sec. 648.105, or before or 
after the time period specified in Sec. 648.102, unless the vessel was 
issued a summer flounder moratorium permit and the moratorium permit is 
on board the vessel and has not been surrendered, revoked, or suspended.
    (66) Possess nets or netting with mesh not meeting the minimum mesh 
requirement of Sec. 648.104 if the person possesses summer flounder 
harvested in or from the EEZ in excess of the threshold limit of 
Sec. 648.105(a).
    (67) Purchase or otherwise receive, except for transport, summer 
flounder from the owner or operator of a vessel issued a summer flounder 
moratorium permit, unless in possession of a valid summer flounder 
dealer permit.
    (68) Purchase or otherwise receive for commercial purposes summer 
flounder caught by other than a vessel with a summer flounder moratorium 
permit not subject to the possession limit of Sec. 648.105.
    (69) Purchase or otherwise receive for a commercial purpose summer 
flounder landed in a state after the effective date published in the 
Federal Register notifying permit holders that commercial quota is no 
longer available in that state.
    (70) Fail to comply with any sea turtle conservation measure 
specified in Sec. 648.106, including any sea turtle conservation measure 
implemented by notification in the Federal Register in accordance with 
Sec. 648.106(d).
    (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, retain, possess, or land more mackerel, squid or 
butterfish than specified under a notification 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[min] N. lat. in an area closed, or before or after a season 
established pursuant to Sec. 648.122, or in excess of the possession 
limit established pursuant to Sec. 648.125.
    (81) To purchase or otherwise receive for a commercial purpose scup 
harvested from the EEZ north of 35[deg]15.3[min] 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[min] N. lat. after the effective date of the notification 
published in the Federal Register stating that the commercial quota has 
been harvested.

[[Page 328]]

    (83) Possess scup harvested in or from the EEZ north of 
35[deg]15.3[min] N. lat. that do not meet the minimum fish size 
specified in Sec. 648.124.
    (84) Fish for, catch, possess, or retain scup in or from the EEZ 
north of 35[deg]15.3' N. lat. in excess of the amount specified in Sec.  
648.123 (500 lb (226.8 kg) or more from November 1- April 30, or 100 lb 
(45.4 kg) or more from May 1-October 31), 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[min] 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[min] 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[min] N. lat. on board a party or charter boat after January 
1, 1997, unless the vessel has been issued a valid party or charter boat 
permit pursuant to Sec. 648.4(a)(6)(ii).
    (88) Fish with or possess scup pots or traps in the EEZ north of 
35[deg]15.3[min] 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. 648.23(b), 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 Secs. 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[min] 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, possess, land, or retain black sea bass in or 
from the EEZ north of 35[deg]15.3 N. lat. (the latitude of Cape Hatteras 
Light, NC, to the U.S.-Canadian border) in excess of the amount 
specified in Sec. 648.144(a)(1)(i) (i.e., 500 lb (226.8 kg) from January 
1 through March 31, or 100 lb (45.4 kg) from April 1 through December 
31), unless the vessel meets the gear restrictions of Sec. 648.144(a).
    (93) Purchase or otherwise receive for commercial purposes black sea 
bass caught in the EEZ from 35[deg]15.3[min] 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[min] 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[min] 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[min] N. lat., after the effective date

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of the notification published in the Federal Register stating that the 
commercial annual quota has been harvested and the EEZ is closed to the 
harvest of black sea bass.
    (97) [Reserved]
    (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 England Regulated Mesh Areas, except as provided in 
Secs. 648.80(a)(3)(vi) and (b)(2)(vi), 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 transfer, other than solely for transport, any Atlantic 
herring, multispecies, or monkfish, unless the dealer or transferee has 
a valid dealer permit issued under Sec. 648.6. A person who purchases 
and/or receives Atlantic herring at sea for his own personal use as 
bait, and does not have purse seine, mid-water trawl, pelagic gillnet, 
sink gillnet, or bottom trawl gear on board, is exempt from the 
requirement to possess an Atlantic herring dealer permit.
    (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 land sea scallops in or from the areas 
described in Sec. 648.57, except as allowed under Secs. 648.52(e) and 
648.58.
    (111) Transit or be in the areas described in Sec. 648.57 when 
fishing under a scallop DAS, except: As allowed under Sec. 648.58; or 
when all scallop gear is unavailable for immediate use as defined in 
Sec. 648.23(b), unless there is a compelling safety reason to be in such 
areas without all such gear being unavailable for immediate use.

[[Page 330]]

    (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)(9)(i), unless such species were fished for or harvested 
by a vessel meeting the requirements specified in Sec. 648.80(a)(5)(ii) 
or (a)(9)(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 Gear Area described in 
Sec. 648.80(a)(3)(v) 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).
    (117) Fish for, land, or possess NE multispecies harvested with 
brush-sweep trawl gear unless the vessel has not been issued a 
multispecies permit and fishes for NE multispecies exclusively in state 
waters.
    (118) Possess brush-sweep trawl gear while in possession of NE 
multispecies, unless the vessel has not been issued a multispecies 
permit and fishes for NE multispecies exclusively in state waters.
    (119) Purchase or otherwise receive, except for transport, spiny 
dogfish from any person on board a vessel issued a spiny dogfish permit, 
unless the purchaser/receiver is in possession of a valid spiny dogfish 
dealer permit.
    (120) Purchase or otherwise receive for a commercial purpose spiny 
dogfish landed by a federally permitted vessel in any state, from Maine 
to Florida, after the effective date of notification published in the 
Federal Register stating that the semi-annual quota has been harvested 
and the EEZ is closed to the harvest of spiny dogfish.
    (121) Enter, be on a fishing vessel in, or fail to remove gear from, 
the EEZ portion of the areas described in Sec. 648.81(n) during the time 
periods specified, except as provided in Sec. 648.81(d) and (n)(2).
    (122) Fish for, catch, possess, retain or land Loligo squid, silver 
hake, or black sea bass in or from the areas and during the time periods 
described in Sec. 648.122(a) or (b) while in possession of any trawl 
nets or netting that do not meet the minimum mesh restrictions or that 
are obstructed or constricted as specified in Sec. 648.122 and 
Sec. 648.123(a), unless the nets or netting are stowed in accordance 
with Sec. 648.23(b), or unless the vessel is in compliance with the Gear 
Restricted Area Exemption Program requirements specified at 
Sec. 648.122(d).
    (123) Fish for, land, or possess NE multispecies harvested with the 
use of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) 
spacing between the fairlead rollers unless the vessel has not been 
issued a multispecies permit and fishes for NE multispecies exclusively 
in state waters.
    (124) Possess or use de-hookers (``crucifiers'') with less than 6-
inch (15.2-cm) spacing between the fairlead rollers while in possession 
of NE multispecies, unless the vessel has not been issued a multispecies 
permit and fishes for NE multispecies exclusively in state waters.
    (125) For vessels issued a limited access NE multispecies permit, or 
those issued a limited access NE multispecies permit and a limited 
access monkfish Category C or D permit but not fishing

[[Page 331]]

under the limited access monkfish Category A or B provisions as allowed 
under Sec. 648.92(b)(2), call into the DAS program prior to 1 hour 
before leaving port.
    (126) Call in DAS in excess of that allocated under the methods 
described in Sec. 648.82(l).
    (127) Fail to comply with the terms of the Gear Restricted Area 
Exemption Program requirements specified at Sec. 648.122(d), if subject 
to the provisions of the Southern and Northern Gear Restricted Areas at 
Sec. 648.122, (a) and (b).
    (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 owner or operator of a vessel holding a valid 
multispecies permit, or any person issued an operator's permit or issued 
a letter under Sec. 648.4(a)(1)(i)(M)(3), to do any of the following:
    (1) Land, or possess on board a vessel, more than the possession or 
landing limits specified in Sec. 648.86(a), (b), (c), (d), (e), and (h) 
or to violate any of the other provisions of Sec. 648.86, unless 
otherwise specified in Sec. 648.17.
    (2) If the vessel has been issued a charter/party permit or is 
fishing under charter/party regulations, fail to comply with the 
requirements specified in Sec. 648.81(g)(2)(iii) when fishing in the 
areas described in Sec. 648.81(g)(1) through (i)(1), during the time 
periods specified in those sections.
    (3) Possess in, or harvest from the EEZ southward of 40[deg]00[min] 
N. lat., any yellowtail flounder unless fishing under recreational or 
charter/party regulations, or transiting in accordance with 
Sec. 648.23(b).
    (4) Fish for, land, or possess yellowtail flounder unless in 
compliance with the provisions of the trip landings and/or maximum 
possession limits specified in Sec. 648.86(h).
    (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 owner or operator of a vessel issued a 
valid limited access multispecies permit or a letter under 
Sec. 648.4(a)(1)(i)(M)(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 NE multispecies specified in 
Sec. 648.86(d) 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) For purposes of DAS notification, if required or electing to 
have a VMS unit under Sec. 648.10:
    (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), (c), (d), (e), and (h), 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. 648.80(a)(3)(v), (a)(4)(v), (b)(2)(v), and (c)(2)(iv) 
if the vessel has been issued a limited access multispecies permit and 
fishes with hook-gear in areas specified under Sec. 648.80(a), (b), and 
(c).
    (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).

[[Page 332]]

    (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) and (5).
    (14) Fail to comply with the tagging requirements for a day gillnet 
vessel as described in Sec. 648.82(k)(1)(ii), or 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) or (2), without the written confirmation from the 
Regional Administrator described in Sec. 648.82(k)(1)(ii) or (2)(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.
    (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) [Reserved]
    (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 (2)(ii).
    (24) Enter port, while on a multispecies DAS trip, in possession of 
more that the allowable limit of cod specified in Sec. 648.86(b)(1)(i), 
unless the vessel is fishing under the cod exemption specified in 
Sec. 648.86(b)(4). Under no circumstances may such trip exceed 14 days 
in length.
    (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) Enter port, while on a multispecies DAS trip, in possession of 
more than the allowable limit of cod specified in Sec. 648.86(b)(2)(ii). 
Under no circumstances may such trip exceed 14 days in length.
    (27) Possess or land per trip more than the possession or landing 
limit specified under Sec. 648.86(c).
    (28) Participate in the DAS program pursuant to Sec. 648.82 when 
carrying passengers for hire on board the vessel during any portion of a 
fishing trip.
    (29) Enter, be on a fishing vessel in, or fail to remove gear from, 
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).
    (30) Enter, be on a fishing vessel in, or fail to remove gear from, 
the areas described in Sec. 648.81(n) during the time periods specified, 
except as provided in Sec. 648.81(d) and (n)(2).
    (31) If the vessel has been issued a Charter/Party permit or is 
fishing under charter/party regulations, fail to comply with the 
requirements specified in Sec. 648.81(g)(2)(iii) when fishing in the 
areas described in Sec. 648.81(g)(1) through (i)(1) during the time 
periods specified in those sections.
    (32) If the vessel has been issued a limited access Trip gillnet 
category designation, fail to comply with the restrictions and 
requirements specified in Sec. 648.82(k)(2).
    (33) Fail to remain in port for the appropriate time specified in 
Sec. 648.86(b)(2)(ii)(A), except for transiting purposes, provided the 
vessel complies with Sec. 648.86(b)(3).
    (d) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter and in paragraphs (a), (b), and (c) of

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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 NE multispecies specified in Sec. 648.88(a), 
unless the vessel is a charter or party vessel fishing under the 
charter/party restrictions specified in Sec. 648.89.
    (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 NE multispecies specified in 
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, haddock, and Atlantic halibut 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:
    (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

[[Page 334]]

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.
    (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 areas described in Sec. 648.57 when fishing 
with scallop dredge gear under the Sea Scallop Area Access Program 
specified in Sec. 648.58, with a net, net material, or any other 
material on the top half of the dredge

[[Page 335]]

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.
    (29) Possess or land per trip more than 50 bu (17.62 hectoliters 
(hl)) of in-shell scallops, as specified in Sec. 648.52(d), once inside 
the VMS Demarcation Line by a vessel that, at any time during the trip, 
fished in or transited any area south of 42[deg]20[min] N. Latitude, 
except as provided in Sec. 648.54.
    (30) Land per trip more than 100 lb (45.36 kg) of scallop meats as 
specified in Sec. 648.52(e) in or from the areas described in 
Sec. 648.57 when fishing under a scallop DAS but not declared into the 
Sea Scallop Area Access Program or when fishing outside of the scallop 
DAS program.
    (31) Possess more than 100 lb. (45.36 kg) of scallop meats in the 
areas described in Sec.  648.57 when fishing under a scallop DAS but not 
declared into the Sea Scallop Area Access Program or when fishing 
outside of the scallop DAS program, unless the vessel's fishing gear is 
unavailable for immediate use as defined in Sec. 648.23(b), or, there is 
a compelling safety reason to be in such areas without all such gear 
being unavailable for immediate use.
    (32) Except as allowed in Sec. 648.52(e), land in-shell scallops in 
or from the areas described in Sec. 648.57 when fishing under a scallop 
DAS but not declared into the Sea Scallop Area Access Program or when 
fishing outside of the scallop DAS program.
    (33) Except as allowed in Sec. 648.52(e), possess in-shell scallops 
in the areas described in Sec. 648.57 when fishing under a scallop DAS 
but not declared into the Sea Scallop Area Access Program or when 
fishing outside of the scallop DAS program, unless the vessel's fishing 
gear is unavailable for immediate use as defined in Sec. 648.23(b), or, 
there is a compelling safety reason to be in such areas without all such 
gear being unavailable for immediate use.
    (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.
    (8) Possess, retain, or land per trip no more than 100 lb (45.36 kg) 
of shucked scallops in or from the areas described in Sec. 648.57.
    (9) Except as allowed in Sec. 648.52(e), possess or land in-shell 
scallops in or from the areas described in Sec. 648.57.
    (j) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.100(f), 
it is

[[Page 336]]

unlawful for any person owning or operating a vessel issued a summer 
flounder permit (including a moratorium permit) to do any of the 
following:
    (1) Possess 100 lb or more (45.4 kg or more) of summer flounder 
between May 1 and October 31, or 200 lb or more (90.7 kg or more) of 
summer flounder between November 1 and April 30, unless the vessel meets 
the minimum mesh size requirement specified in Sec. 648.104(a), or is 
fishing in the exempted area with an exemption permit as specified in 
Sec. 648.104(b)(1), or holds an exemption permit and is in transit from 
the exemption area with nets properly stowed as specified in 
Sec. 648.104(f), or is fishing with exempted gear specified in 
Sec. 648.104(b)(2).
    (2) Possess summer flounder in other than a box specified in 
Sec. 648.105(d) if 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, unless 
participating in a research activity as described in Sec.  648.120(e), 
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

[[Page 337]]

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.
    (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, unless 
participating in a research activity as described in Sec.  648.120(e), 
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) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.100(f), 
it is unlawful for the owner and operator of a party or charter boat 
issued a summer flounder 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 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 and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.21(g), 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, possess, or land mackerel, squid or butterfish in 
excess of a possession allowance specified under Sec. 648.22.
    (4) Take, retain, possess, 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

[[Page 338]]

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.
    (10) Fish for, retain, or possess Atlantic mackerel in or from the 
EEZ with a vessel that exceeds either 165 ft (50.3 m) in length overall 
and 750 GRT, or a shaft horsepower of 3000 shp, except for the retention 
and possession of Atlantic mackerel for processing by a vessel holding a 
valid at-sea processor permit pursuant to Sec. 648.6(a)(2).
    (q) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.21(g), it 
is unlawful for the owner and operator of a party or charter boat issued 
a mackerel, squid, and butterfish fishery permit (including a moratorium 
permit), when the boat is carrying passengers for hire, to do any of the 
following:
    (1) Violate any recreational fishing measures established pursuant 
to Sec. 648.21(d).
    (2) Sell or transfer mackerel, squid, or butterfish to another 
person for a commercial purpose.
    (r) [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 owner or operator of a vessel issued a 
valid open access multispecies permit to possess or land any regulated 
species as defined in Sec. 648.2, or to 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, unless 
participating in a research activity as described in Sec.  648.140(e), 
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) Fish for, catch, possess, land, or retain black sea bass in 
excess of the amount specified in Sec. 648.144(a)(1)(i)(i.e. 500 lb 
(226.8 kg) from January 1 through March 31, or 100 lb (45.4 kg) from 
April 1 through December 31), 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(d) 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 of 35[deg]15.3[min] N. lat. after the effective date of the 
notification published in the Federal Register stating that the 
commercial annual 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).

[[Page 339]]

    (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 possession limit established at Sec.  
648.140.
    (10) Land black sea bass for sale in any state south of North 
Carolina.
    (11) Possess black sea bass after the effective date of the 
notification published in the Federal Register stating that the 
commercial annual quota has been harvested and the EEZ is closed to the 
harvest of black sea bass, unless the vessel has been issued a Southeast 
Region Snapper/Grouper Permit and fishes for and possess black sea bass 
south of 35[deg]15.3[min] N. lat.
    (v) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.140(e), 
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 and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.160(h), 
it is unlawful for any person to do any of the following:
    (1) Possess in or harvest from the EEZ, Atlantic bluefish, in excess 
of the daily possession limit found at Sec. 648.164, unless the vessel 
is issued a valid Atlantic bluefish vessel permit under 
Sec. 648.4(a)(8)(i) and the permit is on board the vessel and has not 
been surrendered, revoked, or suspended.
    (2) 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 solely for transport on land, Atlantic 
bluefish taken from a fishing vessel that were harvested in or from the 
EEZ unless issued, and in possession of, a valid Atlantic bluefish 
fishery dealer permit issued under Sec. 648.6(a).
    (3) Sell, barter, trade or transfer, or attempt to sell, barter, 
trade or otherwise transfer, other than for transport, Atlantic bluefish 
that were harvested in or from the EEZ, unless the vessel has been 
issued a valid bluefish permit under Sec. 648.4(a)(8)(i).
    (4) Land Atlantic bluefish for sale in a state after the effective 
date of the notification in the Federal Register , pursuant to 
Sec. 648.161(b), which notifies permit holders that the commercial quota 
is no longer available in that state.
    (5) 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 an Atlantic bluefish permit issued under 
Sec. 648.4(a)(8).
    (6) Land Atlantic bluefish for sale after the effective date of the 
notification in the Federal Register pursuant to Sec. 648.161(a), which 
notifies permit holders that the Atlantic bluefish fishery is closed.
    (7) To purchase or otherwise receive for a commercial purpose 
bluefish harvested from the EEZ after the effective date of the 
notification published in the Federal Register stating that the 
commercial quota has been harvested.
    (8) To purchase or otherwise receive for a commercial purpose 
bluefish harvested by a federally permitted vessel after the effective 
date of the notification published in the Federal Register stating that 
the commercial quota has been harvested.

[[Page 340]]

    (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 retained or possessed on a 
vessel issued a permit under Sec.  648.4 are deemed to have been 
harvested in 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.
    (iii) All small-mesh multispecies retained or possessed on a vessel 
issued any permit under Sec. 648.4 are deemed to have been harvested 
from the EEZ.
    (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 retained or possessed on a vessel issued a permit 
under Sec.  648.4 are deemed to have been harvested in the EEZ.
    (7) Black sea bass. All black sea bass retained or possessed on a 
vessel issued a permit under Sec.  648.4 are deemed to have been 
harvested in the EEZ, unless the vessel also has been issued a Southeast 
Region Snapper/Grouper permit and fishes for, retains, or possesses 
black sea bass south of 35[deg]15.3[min] N. lat.
    (8) Monkfish. All monkfish retained or possessed on a vessel issued 
any permit under Sec. 648.4 are deemed to have been harvested from the 
EEZ.

[[Page 341]]

    (9) All bluefish possessed on board a party or charter vessel issued 
a permit under Sec. 648.4(a)(8)(ii) are deemed to have been harvested 
from the EEZ.
    (10) Atlantic herring. All Atlantic herring retained or possessed on 
a vessel issued any permit under Sec.  648.4 are deemed to have been 
harvested from the EEZ, unless the preponderance of all submitted 
evidence demonstrates that such Atlantic herring were harvested by a 
vessel fishing exclusively in state waters.
    (11) Tilefish. All tilefish retained or possessed on a vessel issued 
any permit under Sec. 648.4 are deemed to have been harvested in or from 
the tilefish management unit, unless the preponderance of all submitted 
evidence demonstrates that such tilefish were harvested by a vessel 
fishing exclusively in state waters.
    (12) Red crab. All red crab retained or possessed on a vessel issued 
any permit under Sec. 648.4 are deemed to have been harvested in or from 
the Red Crab Management Unit, unless the preponderance of all submitted 
evidence demonstrates that such red crab were harvested by a vessel 
fishing exclusively outside of the Red Crab Management Unit or in state 
waters.
    (13) Skates. All skates retained or possessed on a vessel are deemed 
to have been harvested in or from the Skate Management Unit, unless the 
preponderance of all submitted evidence demonstrates that such skates 
were harvested by a vessel, that has not been issued a Federal skate 
permit, fishing exclusively outside of the EEZ portion of the Skate 
Management Unit or only in state waters.
    (y) 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 that engages in 
fishing for monkfish to do any of the following:
    (1) Fish for, possess, retain or land monkfish, unless:
    (i) The monkfish are being fished for, or were harvested, in or from 
the EEZ by a vessel issued a valid monkfish permit under 
Sec. 648.4(a)(9); or
    (ii) The monkfish were harvested by a vessel not issued a Federal 
monkfish permit that fishes for or possesses monkfish exclusively in 
state waters; or
    (iii) The monkfish were harvested in or from the EEZ by a vessel not 
issued a Federal monkfish permit that engaged in recreational fishing.
    (2) Land, offload, or otherwise transfer, or attempt to land, 
offload, or otherwise transfer, monkfish from one vessel to another 
vessel, unless each vessel has not been issued a monkfish permit and 
fishes exclusively in state waters.
    (3) Sell, barter, trade, or otherwise transfer, or attempt to sell, 
barter, trade, or otherwise transfer for a commercial purpose, any 
monkfish, unless the vessel has been issued a monkfish permit, or unless 
the monkfish were harvested by a vessel with no monkfish permit that 
fishes for monkfish exclusively in state waters.
    (4) Operate or act as an operator of a vessel fishing for, 
possessing, retaining, or landing monkfish in or from the EEZ without 
having been issued and possessing a valid operator permit pursuant to 
Sec. 648.5, and this permit is onboard the vessel.
    (5) Fish with, use, or have on board, while fishing under a monkfish 
DAS within the Northern Fishery Management Area or Southern Fishery 
Management Area as described in Sec. 648.91(a) and (b), nets with mesh 
size smaller than the minimum mesh size specified in Sec. 648.91(c).
    (6) Violate any provision of the monkfish incidental catch permit 
restrictions as provided in Secs. 648.4(a)(9)(ii) or 648.94(c).
    (7) Possess, land, or fish for monkfish while in possession of 
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, 
except for vessels with no monkfish permit that fish for monkfish 
exclusively in state waters.
    (8) Purchase, possess, or receive as a dealer, or in the capacity of 
a dealer, monkfish in excess of the possession or trip limits specified 
in Sec. 648.94 as is applicable to a vessel issued a monkfish limited 
access or incidental catch permit.
    (9) Fail to comply with the monkfish size limit restrictions of 
Sec. 648.93 when issued a valid monkfish permit under Sec. 648.4(a)(9).

[[Page 342]]

    (10) Fail to comply with the monkfish possession limits and landing 
restrictions, including liver landing restrictions, specified under 
Sec. 648.94 when issued a valid monkfish permit under Sec. 648.4(a)(9).
    (11) Fail to comply with the monkfish DAS provisions specified at 
Sec. 648.92 when issued a valid limited access monkfish permit, and 
fishing for, possessing, or landing monkfish in excess of the incidental 
catch limits specified at Sec. 648.94 (c).
    (12) If carrying a VMS unit under Sec. 648.10:
    (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.
    (13) Combine, transfer, or consolidate monkfish DAS allocations.
    (14) Fish for, possess, or land monkfish 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)(9)(i)(E) and (F).
    (15) Fish for, possess, or land monkfish with or from a vessel 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)(9)(i)(E) and (F).
    (16) Fail to comply with any provision of the DAS notification 
program as specified in Sec. 648.10.
    (17) If the vessel has been issued a valid limited access monkfish 
permit, and fishes under a monkfish DAS, fail to comply with gillnet 
requirements and restrictions specified in Sec. 648.92(b)(8).
    (18) Fail to produce gillnet tags when requested by an authorized 
officer.
    (19) Tagging a gillnet with or otherwise using or possessing a 
gillnet tag that has been reported lost, missing, destroyed, or issued 
to another vessel, or using or possessing a false gillnet tag.
    (20) Selling, transferring, or giving away gillnet tags that have 
been reported lost, missing, destroyed, or issued to another vessel.
    (21) Fail to comply with the area declaration requirements specified 
at Sec. Sec. 648.93(b)(2) and 648.94(f) when fishing under a scallop, 
multispecies or monkfish DAS exclusively in the NFMA under the less 
restrictive monkfish size and possession limits of that area.
    (z) Small-mesh multispecies. (1) In addition to the general 
prohibitions specified in Sec. 600.725 of this chapter and in paragraph 
(a) of this section, and subject to paragraph (a)(32) of this section, 
it is unlawful for any person owning or operating a vessel issued a 
valid Federal multispecies permit to land, offload, or otherwise 
transfer, or attempt to land, offload, or otherwise transfer, small-mesh 
multispecies from one vessel to another in excess of the limits 
specified in Sec. 648.13.
    (2) [Reserved]
    (aa) 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 spiny dogfish permit or issued an 
operator's permit to do any of the following:
    (1) Sell, barter, trade or transfer, or attempt to sell, barter, 
trade or otherwise transfer, other than for transport, spiny dogfish, 
unless the dealer or transferee has a dealer permit issued under 
Sec. 648.6(a).
    (2) Fish for or possess spiny dogfish harvested in or from the EEZ 
after the effective date of the notification published in the Federal 
Register stating that the semi-annual quota has been harvested and that 
the EEZ is closed to the harvest of spiny dogfish.
    (3) Land spiny dogfish for a commercial purpose after the effective 
date of the notification published in the Federal Register stating that 
the semi-annual quota has been harvested and that the EEZ is closed to 
the harvest of spiny dogfish.
    (4) Violate any of the provisions prohibiting finning in 
Sec. Sec. 600.1022 and 600.1023 that are applicable to the dogfish 
fishery.
    (5)-(6) [Reserved]
    (7) Possess more than the possession limit of spiny dogfish 
specified under Sec. 648.235. The possession limit is the maximum amount 
that may be landed in any 1 calendar day.

[[Page 343]]

    (bb) 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 to do any of the following:
    (1) Fish for, possess, retain or land Atlantic herring, unless:
    (i) The Atlantic herring are being fished for or were harvested in 
or from the EEZ by a vessel holding a valid Atlantic herring permit 
under this part, and the operator on board such vessel has been issued 
an operator permit that is on board the vessel; or
    (ii) The Atlantic herring were harvested by a vessel not issued an 
Atlantic herring permit that was fishing exclusively in state waters; or
    (iii) The Atlantic herring were harvested in or from the EEZ by a 
vessel engaged in recreational fishing; or
    (iv) Unless otherwise specified in accordance with Sec. 648.17.
    (2) Operate, or act as an operator of, a vessel with an Atlantic 
herring permit, or a vessel fishing for or possessing Atlantic herring 
in or from the EEZ, unless the operator has been issued, and is in 
possession of, a valid operator permit.
    (3) Purchase, possess, receive, or attempt to purchase, possess, or 
receive, as a dealer, or in the capacity of a dealer, Atlantic herring 
that were harvested in or from the EEZ, without having been issued, and 
in possession of, a valid Atlantic herring dealer permit.
    (4) Purchase, possess, receive, or attempt to purchase, possess, or 
receive, as a processor, or in the capacity of a processor, Atlantic 
herring from a fishing vessel with an Atlantic herring permit or from a 
dealer with an Atlantic herring dealer permit, without having been 
issued, and in possession of, a valid Atlantic herring processor permit.
    (5) Sell, barter, trade, or otherwise transfer, or attempt to sell, 
barter, trade, or otherwise transfer, for a commercial purpose, any 
Atlantic herring, unless the vessel has been issued an Atlantic herring 
permit, or unless the Atlantic herring were harvested by a vessel 
without an Atlantic herring permit that fished exclusively in state 
waters.
    (6) Purchase, possess, or receive, for a commercial purpose, or 
attempt to purchase, possess or receive, for a commercial purpose, 
Atlantic herring caught by a vessel without an Atlantic herring permit, 
unless the Atlantic herring were harvested by a vessel without an 
Atlantic herring permit that fished exclusively in state waters.
    (7) Possess, transfer, receive, or sell, or attempt to transfer, 
receive, or sell  2,000 lb (907.2 kg) of Atlantic herring per 
trip, or land, or attempt to land  2,000 lb (907.2 kg) of 
Atlantic herring per day in or from an area of the EEZ subject to 
restrictions pursuant to Sec. 648.202(a).
    (8) Possess, transfer, receive, or sell, or attempt to transfer, 
receive, or sell  2,000 lb (907.2 kg) of Atlantic herring per 
trip, or land, or attempt to land  2,000 lb (907.2 kg) of 
Atlantic herring per day in or from state waters subject to restrictions 
pursuant to Sec. 648.202(a), if the vessel has been issued a valid 
Atlantic herring permit.
    (9) Transfer or attempt to transfer Atlantic herring to a Canadian 
transshipment vessel that is permitted in accordance with Pub. L. 104-
297 after the amount of herring transshipped equals the amount of the BT 
specified pursuant to Sec. 648.200.
    (10) Transit an area of the EEZ that is subject to a closure to 
directed fishing for Atlantic herring or restrictions pursuant to Sec.  
648.202(a) with  2,000 lb (907.2 kg) of herring on board, 
unless all fishing gear is stowed as specified by Sec. 648.23(b).
    (11) Catch, take, or harvest Atlantic herring in or from the EEZ 
with a U.S. vessel that exceeds the size limits specified in 
Sec. 648.203.
    (12) Process Atlantic herring caught in or from the EEZ in excess of 
the specification of USAP with a U.S. vessel that exceeds the size 
limits specified in Sec. 648.203(b).
    (13) Discard herring carcasses in the EEZ, or at sea if a federally-
permitted vessel, after removing the roe.
    (14) Catch, take, or harvest Atlantic herring in or from the EEZ for 
roe in excess of any allowed limit that may be established pursuant to 
Sec. 648.204(b).
    (15) Catch, take, or harvest Atlantic herring in or from the EEZ, 
unless equipped with an operable VMS unit if a vessel caught  
500 mt of Atlantic herring in the previous fishing year, or

[[Page 344]]

intends to catch  500 mt of Atlantic herring in the current 
fishing year, as required by Sec. 648.205(a).
    (16) Catch, take, or harvest  500 mt of Atlantic herring 
in or from the EEZ during the fishing year, unless equipped with an 
operable VMS unit as required by Sec. 648.205(a).
    (17) Receive Atlantic herring in or from the EEZ solely for 
transport, unless issued a letter of authorization from the Regional 
Administrator.
    (18) Fail to comply with any of the requirements of a letter of 
authorization from the Regional Administrator.
    (cc) In addition to the general prohibitions specified in 
Sec. 600.725 of this chapter, unless participating in a research 
activity as described in Sec. 648.290(e), it is unlawful for any person 
owning or operating a vessel to do any of the following:
    (1) Fish for, possess, retain or land tilefish, unless:
    (i) The tilefish are being fished for or were harvested in or from 
the tilefish management unit by a vessel holding a valid tilefish permit 
under this part, and the operator on board such vessel has been issued 
an operator permit that is on board the vessel; or
    (ii) The tilefish were harvested by a vessel not issued a tilefish 
permit that was fishing exclusively in state waters; or
    (iii) The tilefish were harvested in or from the tilefish management 
unit by a vessel engaged in recreational fishing.
    (2) Operate, or act as an operator of, a vessel with a tilefish 
permit, or a vessel fishing for or possessing tilefish in or from the 
tilefish management unit, unless the operator has been issued, and is in 
possession of, a valid operator permit.
    (3) Purchase, possess, receive, or attempt to purchase, possess, or 
receive, as a dealer, or in the capacity of a dealer, tilefish that were 
harvested in or from the tilefish management unit, without having been 
issued, and in possession of, a valid tilefish dealer permit.
    (4) Sell, barter, trade, or otherwise transfer, or attempt to sell, 
barter, trade, or otherwise transfer, for a commercial purpose, any 
tilefish, unless the vessel has been issued a tilefish permit, or unless 
the tilefish were harvested by a vessel without a tilefish permit that 
fished exclusively in state waters.
    (5) Purchase, possess, or receive, for a commercial purpose, or 
attempt to purchase, possess, or receive, for a commercial purpose, 
tilefish caught by a vessel without a tilefish permit, unless the 
tilefish were harvested by a vessel without a tilefish permit that 
fished exclusively in state waters.
    (6) Fish for tilefish, with any other than longline gear, while in 
possession of a limited access permit, as specified in Sec. 648.294.
    (7) Possess tilefish harvested in or from the tilefish management 
unit in excess of the trip limit, pursuant to Sec. 648.292, unless 
issued a limited access tilefish permit.
    (8) Land tilefish harvested in or from the tilefish management unit 
for sale after the effective date of the notification in the Federal 
Register, pursuant to Sec. 648.291, which notifies permit holders in a 
limited access category that the quota for that category is no longer 
available.
    (9) Land tilefish in or from the tilefish management unit, in excess 
of the trip limit pursuant to Sec. 648.292, unless the vessel holds a 
valid limited access tilefish permit.
    (dd) 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 to do any of the following:
    (1) Catch, possess, transport, land, sell, trade, or barter, any red 
crab or red crab parts in or from the EEZ portion of the Red Crab 
Management Unit, unless in possession of a valid limited access red crab 
vessel permit or red crab incidental catch permit issued by the Regional 
Administrator under this subpart.
    (2) Land, or possess on board a vessel, greater than the possession 
or landing limits specified in Sec. 648.263.
    (3) Fail to comply with the recordkeeping and reporting requirements 
of Sec. 648.7.
    (4) Transfer at sea, either directly or indirectly, or attempt to 
transfer at sea to any vessel, any red crab or red crab parts, taken in 
or from the EEZ portion of the Red Crab Management Unit.

[[Page 345]]

    (5) Purchase, possess, or receive greater than 500 lb (226.8 kg) of 
whole red crab, or its equivalent in weight as specified at 
Sec. 648.263(a)(2)(i) and (ii), caught in the EEZ portion of the Red 
Crab Management Unit by a vessel that has not been issued a valid 
limited access red crab permit under this subpart.
    (6) Purchase, possess, or receive up to 500 lb (226.8 kg) of whole 
red crab, or its equivalent in weight as specified at 
Sec. 648.263(a)(2)(i) and (ii), caught in the EEZ portion of the Red 
Crab Management Unit by a vessel that has not been issued a valid 
limited access red crab permit or red crab incidental catch permit under 
this subpart.
    (7) Fish for, catch, possess, transport, land, sell, trade, or 
barter, greater than 500 lb (226.8 kg) of whole red crab, or its 
equivalent in weight as specified at Sec. 648.263(a)(2)(i) and (ii), per 
fishing trip, in or from the Red Crab Management Unit, unless in 
possession of a valid limited access red crab vessel permit issued by 
the Regional Administrator under this subpart and fishing under a red 
crab DAS.
    (8) Fail to comply with the provisions of the DAS notification 
program specified in Secs. 648.262(b)(5) and 648.10, if the vessel has 
been issued a valid limited access red crab permit.
    (9) Fish for, catch, possess, transport, land, sell, trade, or 
barter, in the Red Crab Management Unit under a red crab DAS if the 
vessel has declared out of the fishery prior to the start of the fishing 
year.
    (10) Fish for, catch, possess, transport, land, sell, trade, or 
barter, red crab in excess of landing limits specified in Sec. 648.263.
    (11) Possess, deploy, fish with, haul, harvest red crab from, or 
carry on board a vessel in excess of the trap/pot and/or string limit 
specified at Sec. 648.264(a)(2) when fishing under a red crab DAS.
    (12) Retain, possess, or land female red crabs in excess of one 
standard U.S. fish tote if the vessel has been issued a valid limited 
access red crab permit and is fishing under a red crab DAS.
    (13) Retain, possess, or land red crab claws and legs separate from 
crab bodies in excess of one standard U.S. fish tote if the vessel has 
been issued a valid limited access red crab permit and is fishing under 
a red crab DAS.
    (14) Retain, possess, or land any red crab claws and legs separate 
from crab bodies if the vessel has not been issued a valid limited 
access red crab permit or has been issued a valid limited access red 
crab permit and is not fishing under a red crab DAS.
    (15) Retain, possess, or land in excess of two claws and eight legs 
per crab if the vessel has been issued a valid red crab incidental catch 
permit or has been issued a valid limited access red crab permit and is 
not fishing under a red crab DAS.
    (16) Fully process red crabs at sea, i.e., any activity that removes 
meat from any part of a red crab, unless a preponderance of the evidence 
shows that the vessel fished exclusively in state waters and has not 
been issued a valid federal permit.
    (17) Fail to comply with any gear marking requirement specified at 
Sec. 648.264(a)(5).
    (18) Possess, fish, or deploy parlor traps/pots if the vessel has 
been issued a valid limited access red crab permit and is fishing under 
a red crab DAS.
    (19) Possess, fish, or deploy red crab traps/pots larger than the 
maximum size specified at Sec. 648.263(a)(4), if the vessel has been 
issued a valid limited access red crab permit and is fishing under a red 
crab DAS.
    (ee) 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 to fish for, possess, or land skates in or from 
the EEZ portion of the Skate Management Unit, unless in possession of a 
valid Federal skate vessel permit or onboard a federally permitted 
lobster vessel (i.e., transfer at sea recipient) while in possession of 
whole skates as bait only less than the maximum size specified at 
Sec. 648.322(b)(2) and in accordance with Sec. 648.322(c).
    (ff) 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 owner or operator of a vessel holding a valid Federal 
skate permit to do any of the following:
    (1) Fail to comply with the conditions of the skate wing possession 
and

[[Page 346]]

landing limits for winter skates specified at Sec. 648.322, unless 
holding a letter of authorization to fish for and land skates as bait 
only at Sec. 648.322(b).
    (2) Fail to comply with the recordkeeping and reporting requirements 
of Sec. 648.7(a)(1)(iii) and (b)(1)(iii).
    (3) Transfer at sea or attempt to transfer at sea to any vessel, any 
skates taken in or from the EEZ portion of the Skate Management Unit, 
unless in compliance with the provisions of Secs. 648.13(b) and 
648.322(b).
    (4) Purchase, possess, trade, barter or receive skates caught in the 
EEZ portion of the Skate Management Unit by a vessel that has not been 
issued a valid Federal skate permit under this part.
    (5) Fail to comply with the provisions of the DAS notification 
program specified in Secs. 648.53, 648.82, and 648.92, for the Atlantic 
sea scallop, NE multispecies, and monkfish fisheries, respectively, when 
issued a valid skate permit and fishing under the skate wing possession 
limits at Sec. 648.322.
    (6) Fish for, catch, possess, transport, land, sell, trade, or 
barter whole skates and skate wings in excess of the possession limits 
specified at Sec. 648.322.
    (7) Fail to comply with the restrictions under the SNE Trawl and 
Gillnet Exemption areas for the NE skate fisheries at 
Secs. 648.80(b)(5)(i)(B) and 648.80(b)(6)(i)(B).
    (gg) 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 owner or operator of a vessel holding a valid Federal 
permit to do any of the following:
    (1) Retain, possess, or land barndoor or thorny skates taken in or 
from the EEZ portion of the Skate Management Unit specified at 
Sec. 648.2.
    (2) Retain, possess, or land smooth skates taken in or from the GOM 
RMA described at Sec. 648.80(a)(1)(i).

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affection 
Sec. 648.14, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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 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

[[Page 347]]

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. 648.23(b); 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, as amended at 65 FR 37911, June 19, 2000]



  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--catch associated with a fishing mortality rate of 
FMSY.
    (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; 64 
FR 57593, Oct. 26, 1999]



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), including research quota (RQ), domestic annual 
harvest (DAH), and domestic annual processing (DAP) for Illex squid;
    (2) IOY, including RQ, DAH, DAP, and bycatch level of the total 
allowable level of foreign fishing (TALFF), if any, for butterfish; and
    (3) IOY, including RQ, DAH, DAP, joint venture processing (JVP), if 
any, and TALFF, if any, for mackerel. The Monitoring Committee may also 
recommend that certain ratios of TALFF, if any, for mackerel to 
purchases of domestic harvested fish and/or domestic processed fish be 
established in relation to the initial annual amounts.
    (4) Initial OY (IOY), including research quota (RQ), domestic annual 
harvest (DAH), and domestic annual processing (DAP) for Loligo squid, 
which, subject to annual review, may be specified for a period of up to 
3 years;

[[Page 348]]

    (5) Inseason adjustment, upward or downward, to the specifications 
for Loligo squid as specified in paragraph (e) of this section.
    (b) Guidelines. As the basis for its recommendations under paragraph 
(a) of this section, the Monitoring Committee shall review available 
data pertaining to: Commercial, recreational, and research project 
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. The IOY is composed of a RQ and DAH. RQ will be based on 
requests for research quota as described in paragraph (g) of this 
section. DAH will be set after deduction for RQ, if applicable.
    (2) Mackerel. (i) Mackerel ABC must be calculated using the formula 
ABC = T - C, where C is the estimated catch of mackerel in Canadian 
waters for the upcoming fishing year and T is the catch associated with 
a fishing mortality rate that is equal to Ftarget (F = 0.25) 
at an 890,000 mt spawning stock biomass (or greater) and decreases 
linearly to zero at a 450,000 mt spawning stock biomass (\1/2\ 
BMSY) or below.
    (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 RQ, DAH and TALFF. RQ will be based on 
requests for research quota as described in paragraph (g) of this 
section. DAH, DAP, and JVP will be set after deduction for RQ, if 
applicable, and 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-Stevens Act, 
specifically section 201(e), and on the following economic factors:
    (A) Total world export potential of mackerel producing countries.
    (B) Total world import demand of 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.

[[Page 349]]

The IOY is composed of a RQ, DAH, and bycatch TALFF that is equal to 
0.08 percent of the allocated portion of the mackerel TALFF. RQ will be 
based on requests for research quota as described in paragraph (g) of 
this section. DAH and bycatch TALFF will be set after deduction for RQ, 
if applicable.
    (c) Recommended measures. Based on the review of the data described 
in paragraph (a) of this section and requests for research quota as 
described in paragraph (g) of this section, the Monitoring Committee 
will recommend to the Squid, Mackerel, and Butterfish Committee the 
measures from the following list that it determines are necessary to 
ensure that the specifications are not exceeded:
    (1) Research quotas set from a range of 0 to 3 percent of IOY.
    (2) Commercial quotas, set after reductions for research quotas.
    (3) 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).
    (4) Commercial minimum fish sizes.
    (5) Commercial trip limits.
    (6) Commercial seasonal quotas/closures for Loligo and Illex.
    (7) Minimum mesh sizes.
    (8) Commercial gear restrictions.
    (9) Recreational harvest limit, set after reductions for research 
quotas.
    (10) Recreational minimum fish size.
    (11) Recreational possession limits.
    (12) Recreational season.
    (d) Annual fishing measures. (1) The Squid, Mackerel, and Butterfish 
Committee will review the recommendations of the Monitoring Committee. 
Based on these recommendations and any public comment received thereon, 
the Squid, Mackerel, and Butterfish Committee must recommend to the 
MAFMC appropriate specifications and any measures necessary to assure 
that the specifications will not be exceeded. The MAFMC will review 
these recommendations and, based on the recommendations and any public 
comment received thereon, must 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 will review the recommendations and, on or about 
November 1 of each year, will 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 must be 
clearly stated and the revised specifications must satisfy the criteria 
set forth in this section. The MAFMC's recommendations will be available 
for inspection at the office of the Regional Administrator during the 
public comment period. If the annual specifications for squid, mackerel, 
and butterfish are not published in the Federal Register prior to the 
start of the fishing year, the previous year's annual specifications, 
excluding specifications of TALFF, will remain in effect. The previous 
year's specifications will be superceded as of the effective date of the 
final rule implementing the current year's annual specifications.
    (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

[[Page 350]]

year by publishing notification in the Federal Register stating the 
reasons for such an action and providing a 30-day public comment period.
    (f) Distribution of annual Loligo squid commercial quota. (1) 
Beginning January 1, 2001, a commercial quota will be allocated annually 
for Loligo squid into quarterly periods, based on the following 
percentages:

------------------------------------------------------------------------
                           Quarter                              Percent
------------------------------------------------------------------------
I--January-March.............................................      33.23
II--April-June...............................................      17.61
III--July-September..........................................      17.30
IV--October-December.........................................      31.86
------------------------------------------------------------------------

    (2) Beginning January 1, 2001, any overages of commercial quota 
landed from Quarter I will be subtracted from Quarter III and any 
overages of commercial quota landed from Quarter II will be subtracted 
from Quarter IV.
    (3) Beginning January 1, 2003, if commercial landings in Quarter I 
are determined to be less than 80 percent of the Quarter I quota 
allocation, any remaining Quarter I quota that is less than 80 percent 
will be reallocated to Quarter III (e.g., if the Quarter I quota was 
100,000 lb (220,462 kg) and 50,000 lb (110,231 kg) was landed, then the 
remaining Quarter I quota, up to 80 percent, or 30,000 lb (66,139 kg), 
would be reallocated to Quarter III. A balance of 20 percent, or 20,000 
lb (44,092 kg), would remain in Quarter I).
    (g) Research quota. Prior to the Council's quota-setting meetings:
    (1) NMFS will publish a Request for Proposals (RFP) in the Federal 
Register, consistent with procedures and requirements established by the 
NOAA Grants Office, to solicit proposals from industry for the upcoming 
fishing year, based on research priorities identified by the Council.
    (2) NMFS will convene a review panel including the Council's 
Comprehensive Management Committee, as well as technical experts, to 
review proposals submitted in response to the RFP.
    (i) Each panel member will recommend which research proposals should 
be authorized to utilize research quota, based on the selection criteria 
described in the RFP.
    (ii) The Regional Administrator and the NOAA Grants Office will 
consider each panel member's recommendation, provide final approval of 
the projects and exempt selected vessel(s) from regulations specified in 
each of the respective FMPs through written notification to the project 
proponent.
    (3) The grant awards approved under the RFPs will be for the 
upcoming fishing year. Proposals to fund research that would start prior 
to, or that would end after the fishing year, will not be eligible for 
consideration. All research and/or compensation trips will have to be 
completed within the fishing year for which the research grant was 
awarded.
    (4) Research projects will be conducted in accordance with 
provisions approved and provided in an Exempted Fishing Permit (EFP) 
issued by the Regional Administrator.
    (5) If a proposal is disapproved by the Regional Administrator or 
the NOAA Grants Office, the Regional Administrator will reallocate the 
disapproved research quota to the respective commercial and recreational 
fisheries during the proposed rule comment period for the annual 
specifications.
    (6) Vessels participating in approved research projects may be 
exempted from certain management measures by the Regional Administrator, 
provided that one of the following analyses of the impacts associated 
with the exemptions is provided:
    (i) The analysis of the impacts of the requested exemptions is 
included as part of the annual quota specification packages submitted by 
the Council; or
    (ii) For proposals that require exemptions that extend beyond the 
scope of the analysis provided by the Council, applicants may be 
required to provide additional analysis of impacts of the exemptions 
before issuance of an EFP will be considered, as specified in the EFP 
regulations at Sec. 648.745(b).

[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997; 64 
FR 57593, Oct. 26, 1999; 65 FR 16345, Mar. 28, 2000; 65 FR 55927, Sept. 
15, 2000; 66 FR 13028, Mar. 2, 2001; 66 FR 35566, July 6, 2001; 66 FR 
42159, Aug. 10, 2001; 67 FR 3627, Jan. 25, 2002; 67 FR 44394, July 2, 
2002; 68 FR 60, Jan. 2, 2003]



Sec. 648.22  Closure of the fishery.

    (a) General. NMFS shall close the directed mackerel fishery in the 
EEZ when U.S. fishermen have harvested 80

[[Page 351]]

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, NMFS will close the mackerel fishery in the EEZ, 
and the incidental catches specified for mackerel in paragraph (c) of 
this section will be prohibited. NMFS will close the directed fishery in 
the EEZ for Loligo when 80 percent is harvested in Quarters I, II and 
III, and when 95 percent of the total annual DAH has been harvested. The 
closure of the directed fishery will be in effect for the remainder of 
the fishing year, with incidental catches allowed as specified in 
paragraph (c) of this section. NMFS will close the directed fishery in 
the EEZ for Illex or butterfish when 95 percent of the DAH has been 
harvested. The closure of the directed fishery will 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 possession 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 possession limit 
for Loligo and butterfish is 2,500 lb (1.13 mt) each, and the possession 
limit for Illex is 5,000 lb (2.27 mt). Vessels may not land more than 
these limits during any single calendar day, which is defined as the 24-
hour period beginning at 0001 hours and ending at 2400 hours.

[61 FR 34968, July 3, 1996, as amended at 62 FR 8637, Feb. 26, 1997; 65 
FR 16345, Mar. 28, 2000; 65 FR 81765, Dec. 27, 2000; 66 FR 13028, Mar. 
2, 2001]



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

    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

[[Page 352]]

vessel is landward of the specified coordinates.
    (b) Definition of ``not available for immediate use.'' Gear that is 
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) Nets. (i) Below deck stowage. (A) It is stored below the main 
working deck from which it is deployed and retrieved;
    (B) The towing wires, including the leg wires, are detached from the 
net; and
    (C) It is fan-folded (flaked) and bound around its circumference.
    (ii) On-deck stowage. (A) It is fan-folded (flaked) and bound around 
its circumference;
    (B) It is securely fastened to the deck or rail of the vessel; and
    (C) The towing wires, including the leg wires, are detached from the 
net.
    (iii) On-reel stowage. (A) It is on a reel, its entire surface is 
covered with canvas or other similar material, and the canvas or other 
material is securely bound;
    (B) The towing wires are detached from the net; and
    (C) The codend is removed and stored below deck.
    (iv) On-reel stowage for vessels transiting the Gulf of Maine 
Rolling Closure Areas, the Georges Bank Seasonal Area Closure, and the 
Conditional Gulf of Maine Rolling Closure Area. (A) The net is on a 
reel, its entire surface is covered with canvas or other similar 
material, and the canvas or other material is securely bound;
    (B) The towing wires are detached from the doors; and
    (C) No containment rope, codend tripping device, or other mechanism 
to close off the codend is attached to the codend.
    (2) Scallop dredges. (i) The towing wire is detached from the 
scallop dredge, the towing wire is completely reeled up onto the winch, 
the dredge is secured and the dredge or the winch is covered so that it 
is rendered unuseable for fishing; or
    (ii) The towing wire is detached from the dredge and attached to a 
bright-colored poly ball no less than 24 inches (60.9 cm) in diameter, 
with the towing wire left in its normal operating position (through the 
various blocks) and either is wound back to the first block (in the 
gallows) or is suspended at the end of the lifting block where its 
retrieval does not present a hazard to the crew and where it is readily 
visible from above.
    (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.
    (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 mesh construction, mesh configuration 
or other means 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 aftermost portion of the net, provided the 
liner extends no more than 10 meshes forward of the aftermost portion of 
the net. The inside webbing of the codend shall be the same 
circumference or less than the outside webbing (strengthener). In 
addition, the inside webbing shall not be more than 2 ft (61 cm) longer 
than the outside webbing.
    (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

[[Page 353]]

(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; 65 FR 16345, Mar. 28, 
2000; 65 FR 37911, June 19, 2000; 68 FR 9586, Feb. 28, 2003]



Sec. 648.24  Framework adjustments to management measures.

    (a) Within season management action. The Council, at any time, may 
initiate action to add or adjust management measures within the Atlantic 
Mackerel, Squid, and Butterfish FMP if it finds that action is necessary 
to meet or be consistent with the goals and objectives of the plan.
    (1) Adjustment process. The Council shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council must provide the public with advance notice of the 
availability of the recommendation(s), appropriate justification(s) and 
economic and biological analyses, and the opportunity to comment on the 
proposed adjustment(s) at the first meeting and prior to and at the 
second Council meeting. The Council's recommendations on adjustments or 
additions to management measures must come from one or more of the 
following categories: Minimum fish size, maximum fish size, gear 
restrictions, gear requirements or prohibitions, permitting 
restrictions, recreational possession limit, recreational seasons, 
closed areas, commercial seasons, commercial trip limits, commercial 
quota system including commercial quota allocation procedure and 
possible quota set asides to mitigate bycatch, recreational harvest 
limit, annual specification quota setting process, FMP Monitoring 
Committee composition and process, description and identification of 
essential fish habitat (and fishing gear management measures that impact 
EFH), description and identification of habitat areas of particular 
concern, overfishing definition and related thresholds and targets, 
regional gear restrictions, regional season restrictions (including 
option to split seasons), restrictions on vessel size (LOA and GRT) or 
shaft horsepower, any other management measures currently included in 
the FMP, set aside quota for scientific research, regional management, 
and process for inseason adjustment to the annual specification.
    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Administrator. The Council's recommendation must include 
supporting rationale, 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 
Council recommends that the management measures should be issued as a 
final rule, the Council 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 the regulations would 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 recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures following their implementation as a final rule.
    (3) NMFS action. If the Council's recommendation includes 
adjustments or additions to management measures and, after reviewing the 
Council's recommendation and supporting information:

[[Page 354]]

    (i) If NMFS concurs with the Council'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 
(a)(2) of this section, the measures will be issued as a final rule in 
the Federal Register.
    (ii) If NMFS concurs with the Council's recommended management 
measures 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 Council recommendation, the measures 
will be issued as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the Council will be notified in 
writing of the reasons for the non-concurrence.
    (4) Emergency actions. 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.
    (b) [Reserved]

[64 FR 57593, Oct. 26, 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 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.

[[Page 355]]

    (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 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).

[[Page 356]]

    (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) For 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 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) 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

[[Page 357]]

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.
    (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:

[[Page 358]]

    (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; 65 FR 37911, June 19, 2000]



Sec. 648.52  Possession and landing limits.

    (a) Except as provided in paragraph (e) of this section, 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 no more than one scallop trip of 400 lb (181.44 
kg) of shucked, or 50 bu (17.62 hl) of in-shell scallops, 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 Sea Scallop Area Access Program as 
described in Sec. 648.58 are prohibited from fishing for, possessing or 
landing per trip more than the sea scallop possession and landing limit 
specified in Sec. 648.58(c)(6).
    (d) Owners or operators of vessels issued limited access or general 
category scallop permits fishing in or transiting the area south of 
42[deg]20[min] N. Latitude at any time during a trip are prohibited from 
fishing for, possessing, or landing per trip more than 50 bu (17.62 hl) 
of in-shell scallops shoreward of the VMS Demarcation Line, unless when 
fishing under the state waters exemption specified under Sec. 648.54.
    (e) Owners or operators of vessels with a general category scallop 
permit and vessels with a limited access scallop permit that are not 
fishing under a scallop DAS may land per trip no more

[[Page 359]]

than 100 lb (45.36 kg) of sea scallop meats in or from the areas 
described in Sec. 648.57, and may possess no more than 100 lb (45.63 kg) 
of sea scallop meats in or from the areas described in Sec. 648.57, 
unless the vessel is only transiting the areas with all fishing gear 
unavailable for immediate use as defined in Sec. 648.23(b), or, there is 
a compelling safety reason to be in such areas without all such gear 
being unavailable for immediate use. No in-shell scallops from the 
Hudson Canyon and Virginia Beach Sea Scallop Access Areas may be landed. 
In-shell scallops up to 12.5 bu (4.41 hl) taken by such vessels from the 
Hudson Canyon and Virginia Beach Sea Scallop Access Areas may be 
possessed only for the purpose of shucking in order to provide no more 
than 100 lb of scallop meats. Any combination of scallop meats and in-
shell scallops possessed by such vessels must be equivalent to no more 
than 100 lb (45.36 kg) of scallop meats.

[61 FR 34968, July 3, 1996, as amended at 62 FR 37156, July 11, 1997; 64 
FR 31149, June 10, 1999; 65 FR 37911, June 19, 2000; 66 FR 24056, May 
11, 2001]



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      120      120      120      120       34       35       38       36       60
Part-time                                                            48       48       48       48       48       14       14       15       17       24
Occasional                                                           10       10       10       10       10        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. 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 February 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.
    (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 360]]

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; 65 FR 11480, Mar. 3, 2000; 65 FR 37911, June 19, 2000; 66 FR 
24057, May 11, 2001; 68 FR 9586, Feb. 28, 2003]



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 361]]

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 362]]

    (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 363]]

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 and regulated areas.

    (a) Hudson Canyon Sea Scallop Access Area. Through February 29, 
2004, except as provided in Secs. 648.52 and 648.58, no vessel may fish 
for scallops in or land scallops from the area known as the Hudson 
Canyon Sea Scallop Access Area, and no vessel may possess scallops in 
the Hudson Canyon Sea Scallop Access Area, unless such vessel is only 
transiting the area with all fishing gear unavailable for immediate use 
as defined in Sec. 648.23(b), or there is a compelling safety reason to 
be in such areas without all such gear being unavailable for immediate 
use. The Hudson Canyon Sea Scallop Access Area (copies of a chart 
depicting this area are available from the Regional Administrator upon 
request) is defined by straight lines connecting the following points in 
the order stated:

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

    (b) Virginia Beach Sea Scallop Access Area. Through February 29, 
2004, except as provided in Secs. 648.52 and 648.58, no vessel may fish 
for scallops in or land scallops from the area known as the Virginia 
Beach Sea Scallop Access Area, and no vessel may possess scallops in the 
Virginia Beach Sea Scallop Access Area, unless such vessel is only 
transiting the areas with all fishing gear unavailable for immediate use 
as defined in Sec. 648.23(b), or, there is a compelling safety reason to 
be in such areas without all such gear being unavailable for immediate 
use. The Virginia Beach Sea Scallop Access Area (copies of a chart 
depicting this area are available from the Regional Administrator upon 
request) is defined by straight lines connecting the following points in 
the order stated:

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


[66 FR 45785, Aug. 30, 2001, as amended at 68 FR 9587, Feb. 28, 2003]

[[Page 364]]



Sec. 648.58  Sea Scallop Area Access Program.

    (a) Eligibility. Vessels issued a limited access scallop permit are 
eligible to participate in the Sea Scallop Area Access Program, and may 
fish in the Sea Scallop Access Areas, as described in Sec.  648.57 of 
this section, for the times specified in paragraph (c)(1) of this 
section, when fishing under a scallop DAS, and while complying with the 
requirements of this section. Copies of a chart depicting these areas 
are available from the Regional Administrator upon request.
    (b) Sea Scallop Access Areas--(1) Hudson Canyon Sea Scallop Access 
Area. Eligible vessels, as specified in paragraph (a) of this section, 
may fish for, possess, and retain sea scallops in excess of the 
possession limit specified in Sec. 648.52(e) in or from in the Hudson 
Canyon Sea Scallop Access Area, which is the area described in 
Sec. 648.57(a).
    (2) Virginia Beach Sea Scallop Access Area. Eligible vessels, as 
specified in paragraph (a) of this section, may fish for, possess, and 
retain sea scallops in excess of the possession limit specified in 
Sec. 648.52(e) in or from the Virginia Beach Sea Scallop Access Area, 
which is the area described in Sec. 648.57(b).
    (c) Sea Scallop Area Access Season and Requirements. To fish in the 
Sea Scallop Access Areas under the Sea Scallop Area Access Program, 
eligible vessels must fish during the Season specified in paragraph 
(c)(1) of this section and must comply with the requirements specified 
in paragraphs (c)(2) through (c)(4) of this section:
    (1) Season--From March 1, 2003, through February 29, 2004, vessels 
participating in the Sea Scallop Area Access Program may fish for or 
possess sea scallop in or from the respective Sea Scallop Access Areas 
specified in Sec. 648.57, unless access to these areas is terminated as 
specified in paragraph (f) of this section. Should the 2002 fishing year 
season be closed early (i.e., prior to February 28, 2003), as described 
in this paragraph (c)(1), the Sea Scallop Area Access Program season for 
fishing year 2003 will begin on April 1, 2003.
    (2) VMS. The vessel must have installed on board an operational VMS 
unit that meets the minimum performance criteria specified in 
Secs. 648.9 and 648.10 and paragraph (h) of this section.
    (3) Declaration. (i) Prior to the 25th day of the month preceding 
the month in which fishing is to take place, the vessel must submit a 
monthly report through the VMS e-mail messaging system of its intention 
to fish in the Hudson Canyon or Virginia Beach Sea Scallop Access Areas, 
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 each Sea Scallop Access Area in which it 
intends to fish. The Regional Administrator may waive a portion of this 
notification period for trips into the Sea Scallop Access Areas in April 
or May, 2001. Notification of this waiver of a portion of the 
notification period will be provided to the vessel through a permit 
holder letter issued by the Regional Administrator.
    (ii) In addition to the requirements described in paragraph 
(c)(3)(i) of this section, and for the purpose of selecting vessels for 
observer deployment, a vessel must provide notice to NMFS of the time, 
port of departure, and specific Sea Scallop Access Area to be fished, at 
least 5 working days prior to the beginning of any trip on which it 
declares into the Sea Scallop Area Access Program.
    (iii) On the day the vessel leaves port to fish under the Sea 
Scallop Area Access 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 the vessel leaving port.
    (4) Number of trips--(i) Full and part-time vessels. Full and part-
time vessels are restricted to a total of three trips into the Sea 
Scallop Access Areas, unless otherwise authorized by the Regional 
Administrator as specified in paragraph (e)(2) of this section. A trip 
to either Area counts as one trip. Full-time and part-time vessels 
participating in the Sea Scallop Area Access Program may start no more 
than one of their three allowed Area Access Program trips before May 1, 
2003, and no more than two of their three allowed Area Access Program 
trips before June 1, 2003.
    (ii) Occasional scallop vessels. Occasional vessels may fish only 
one trip under the Seat Scallop Area Access

[[Page 365]]

Program. The one allowed trip may be conducted in either the Hudson 
Canyon or Virginia Beach Sea Scallop Access Area specified in Sec.  
648.57 at any time during the season, as specified in paragraph (c)(1) 
of this section.
    (5) Area fished. A vessel that has declared a trip into the Sea 
Scallop Area Access Program must not fish for, possess, or land scallops 
from outside the specific Sea Scallop Access Area fished during that 
trip and must not enter or exit the specific Sea Scallop Access Area 
fished more than once per trip. A vessel that has declared a trip into 
the Sea Scallop Area Access Program must not exit one Sea Scallop Access 
Area and transit to, or enter, the other Sea Scallop Access Area on the 
same trip.
    (6) Possession and landing limits--Unless otherwise authorized by 
the Regional Administrator as specified in paragraph (e) of this 
section, after declaring into the Sea Scallop Area Access Program in 
fishing year 2003, a vessel owner or operator may fish for, possess, and 
land up to 21,000 lb (9,525.4 kg) of scallop meats per trip. No vessel 
participating in the Sea Scallop Area Access Program may possess 
shoreward of the VMS demarcation line or land, more than 50 bu (17.62 
hl) of in-shell scallops.
    (7) Gear restrictions. The vessel must fish with or possess scallop 
dredge or trawl gear only in accordance with the restrictions specified 
in Sec.  648.51(a) and (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. While outside of the Sea Scallop Access Areas 
specified in Sec. 648.57, all fishing gear must be unavailable for 
immediate use as defined in Sec. 648.23(b), unless there is a compelling 
safety reason.
    (9) Off-loading restrictions. The vessel may not off-load its sea 
scallop catch from a trip at more than one location per trip.
    (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 Sea Scallop Area 
Access Program, including trips accompanied by a NMFS-approved observer. 
The reports must be submitted in 24-hour intervals, for each day 
beginning at 0000 hours and ending at 2400 hours. The reports must be 
submitted by 0900 hours of the following day and must include the 
following information:
    (i) Total pounds/kilograms of scallop meats kept, total number of 
tows and the Fishing Vessel Trip Report log page number.
    (ii) [Reserved]
    (d) Accrual of DAS. A scallop vessel that has declared a fishing 
trip into the Sea Scallop Area Access 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) Adjustments to possession limits and number of trips--(1) 
Adjustment process for sea scallop possession limits for Hudson Canyon 
and the Virginia Beach Sea Scallop Access Areas. The Regional 
Administrator may adjust the sea scallop possession limit at any time 
during the Sea Scallop Area Access Program. This adjustment may be made 
if the Regional Administrator determines that such adjustment will 
likely allow the scallop TAC to be reached without exceeding it. 
Notification of this adjustment to the possession limit will be provided 
to the vessel through a permit holder letter issued by the Regional 
Administrator.
    (2) Adjustment process for number of trips for Hudson Canyon and the 
Virginia Beach Sea Scallop Access Areas. On or after October 1, 2003, if 
the scallop catch in the Hudson Canyon and/or Virginia Beach Sea Scallop 
Access Areas is less than the scallop TACs specified for fishing year 
2003 in paragraph (f) of this section, the Regional Administrator may 
allocate one or more additional trips for the Hudson Canyon and/or 
Virginia Beach Sea Scallop Access Areas for full and part-time limited 
access sea scallop vessels that declared into and began a trip under the 
Sea Scallop Area Access Program prior to September 1, 2003. This 
adjustment may be made if the Regional Administrator determines that 
such adjustment will likely allow the scallop TAC

[[Page 366]]

to be reached without exceeding it. Notification of this adjustment to 
the trip limit will be provided to the vessel through a permit holder 
letter issued by the Regional Administrator. Vessels with occasional 
permits would not be allocated an additional trip.
    (3) Increase of possession limit to defray costs of observers--(i) 
Defraying the costs of observers. The Regional Administrator may 
increase the sea scallop possession limit specified in paragraph (c)(6) 
of this section to defray costs of observers by areas subject to the 
limits specified in paragraph (e)(3)(ii) of this section and to the 
limit on the cumulative amount of sea scallops allocated for a vessel 
that has declared a fishing trip into the Sea Scallop Area Access 
Program with a NMFS-approved observer on board. Notification of this 
increase of the possession limit will be provided to the vessel through 
a Letter of Authorization issued by the Regional Administrator which 
must be kept on board the vessel. 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, 
regardless of whether the vessel lands or sells sea scallops on that 
trip.
    (ii) Observer set-aside limits by area. The cumulative amount of 
scallop authorized under this part to be taken by vessels in excess of 
the possession limits specified in paragraph (c)(6) of this section to 
defray the cost of an observer shall not exceed 2 percent of the overall 
TAC for each Sea Scallop Access Area. The following amounts represent 2 
percent of those TACs:
    (A) Hudson Canyon Sea Scallop Access Area - 2003 area access program 
- 155 mt;
    (B) Virginia Beach Sea Scallop Access Area - 2003 area access 
program - 2 mt.
    (iii) Notification of observer set-aside limit. NMFS shall publish 
notification in the Federal Register of the date that the Regional 
Administrator projects that the observer set-aside limit will be caught.
    (4) Adjustments to possession limits and/or number of trips to 
defray the costs of sea scallop research--(i) Defraying the costs of sea 
scallop research. The Regional Administrator may increase the sea 
scallop possession limit specified in paragraph (c)(6) of this section 
or allow additional trips into a Sea Scallop Access Area, subject to the 
limits on the cumulative amount of sea scallops allocated to defray 
costs for sea scallop research specified in paragraph (e)(4)(ii) of this 
section.
    (ii) Research set-aside limits and number of trips by area. The 
cumulative amount of scallop authorized under this part to be taken by 
vessels in excess of the possession limits specified in paragraph (c)(6) 
of this section to defray the cost of sea scallop research shall not 
exceed 1 percent of the overall TAC for each Sea Scallop Access Area. 
The following amounts represent 1 percent of those TACs:
    (A) Hudson Canyon Sea Scallop Access Area - 2003 area access program 
- 77 mt;
    (B) Virginia Beach Sea Scallop Access Area - 2003 area access 
program - 1 mt.
    (iii) NMFS shall publish notification in the Federal Register of the 
date that the Regional Administrator projects that the scallop research 
set-aside limits will be caught.
    (iv) Adjustment procedure. (A) Determinations as to which vessel may 
be authorized to take more than the trip limits specified in paragraph 
(c)(6) of this section, or to take additional trips for the purposes of 
defraying sea scallop research costs, shall be made by NMFS, in 
cooperation with the Council. At a minimum, applicants shall submit a 
scallop proposal under this program and a project summary that includes: 
The project goals and objectives, relationship of sea scallop research 
to management needs or priorities identified by the Council, project 
design, participants other than applicant, funding needs, breakdown of 
costs, and the vessel(s) for which authorization is requested.

[[Page 367]]

    (B) NMFS will make the final determination as to what proposals are 
approved and which vessels are authorized to take scallops in excess of 
possession limits or additional trips. Authorization to increase 
possession limits and/or number of trips will be provided to the vessel 
by Letter of Authorization issued by the Regional Administrator which 
must be kept on board the vessel.
    (v) Project Report Procedure. Upon completion of his/her sea scallop 
research, the researcher of approved projects must provide the Council 
with a report of his/her findings, which include:
    (A) A detailed description of methods of data collection and 
analysis;
    (B) A discussion of results and any relevant conclusions presented 
in a format that is understandable to a non-technical audience; and
    (C) A detailed final accounting of all funds used to conduct the sea 
scallop research.
    (f) Termination of the Sea Scallop Area Access Program--(1) Hudson 
Canyon Sea Scallop Access Area. The Hudson Canyon Sea Scallop Access 
Area fishery for fishing year 2003 shall be terminated as of the date 
the Regional Administrator projects that 7,585 mt of sea scallops (the 
TAC less the observer and research set-asides) will be caught by vessels 
fishing in the Hudson Canyon Sea Scallop Access Area described in this 
section. NMFS shall publish notification of the termination in the 
Federal Register.
    (2) Virginia Beach Sea Scallop Access Area. The Virginia Beach Sea 
Scallop Access Area fishery for fishing year 2003 shall be terminated as 
of the date the Regional Administrator projects that 103 mt of sea 
scallops (the TAC less the observer and research set-asides) will be 
caught by vessels fishing in the Virginia Beach Sea Scallop Access Area 
described in this section. NMFS shall publish notification of the 
termination in the Federal Register.
    (g) Transiting. Limited access sea scallop vessels fishing under a 
scallop DAS that have not declared a trip into the Sea Scallop Area 
Access Program may not fish in the areas known as the Hudson Canyon and 
Virginia Beach Sea Scallop Access Areas described in Sec. 648.57, and 
may not enter or be in such areas unless the vessel is transiting the 
area and the vessel's fishing gear is unavailable for immediate use as 
defined in Sec. 648.23(b), or there is a compelling safety reason to be 
in such areas without all such gear being unavailable for immediate use.
    (h) VMS Polling. For the duration of the Sea Scallop Area Access 
Program, as described under this section, all sea scallop limited access 
vessels equipped with a VMS unit will be polled twice per hour, 
regardless of whether the vessel is enrolled in the Sea Scallop Area 
Access Program.

[66 FR 24057, May 11, 2001, as amended at 68 FR 9587, Feb. 28, 2003]



  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.

[[Page 368]]

    (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 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.

[[Page 369]]

    (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 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[min]36[sec] N. lat., 
70[deg]35[min]00[sec] 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[foot]04 N. 
lat., 73[deg]42[foot]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[foot]00 N. lat., 73[deg]43[foot]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[foot]48 N. lat., 
73[deg]45[foot]42 W. long., to a point at the limit of the 
state territorial waters of New Jersey at 40[deg]14[foot]00 
N. lat., 73[deg]55[foot]42 W. long.
    (3) 106 Dumpsite. The toxic industrial site known as the ``106 
Dumpsite and located between 38[deg]40[foot]00 and 
39[deg]00[foot]00 N. lat., and between 
72[deg]00[foot]00 and 72[deg]30[foot]00 W. long.
    (4) Georges Bank. The paralytic shellfish poisoning (PSP) 
contaminated area, which is located in Georges Bank, and is located east 
of 69[deg] W. longitude, and south of 42[deg]20' N. latitude.

[[Page 370]]

    (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 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; 64 FR 57594, Oct. 
26, 1999]



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.

[[Page 371]]

    (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 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

[[Page 372]]

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 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]



Sec. 648.77  Framework adjustments to management measures.

    (a) Within season management action. The Council, at any time, may 
initiate action to add or adjust management measures within the Atlantic 
Surf Clam and Ocean Quahog FMP if it finds that action is necessary to 
meet or be consistent with the goals and objectives of the plan.
    (1) Adjustment process. The Council shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council must provide the public with advance notice of the 
availability of the recommendation(s), appropriate justification(s) and 
economic and biological analyses, and the opportunity to comment on the 
proposed adjustment(s) at the first meeting, and prior to and at the 
second Council meeting. The Council's recommendations on adjustments or 
additions to management measures must come from one or more of the 
following categories: The overfishing definition (both the threshold and 
target levels) description and identification of EFH (and fishing gear 
management measures that impact EFH), habitat areas of particular 
concern, set aside quota for scientific research, vessel tracking 
system, optimum yield range.

[[Page 373]]

    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Administrator. The Council's recommendation must include 
supporting rationale, 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 
Council recommends that the management measures should be issued as a 
final rule, it 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 the regulations would 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 recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) NMFS action. If the Council's recommendation includes 
adjustments or additions to management measures and, after reviewing the 
Council's recommendation and supporting information:
    (i) If NMFS concurs with the Council'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 
(a)(2) of this section, the measures will be issued as a final rule in 
the Federal Register.
    (ii) If NMFS concurs with the Council's recommended management 
measures 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 Council recommendation, the measures 
will be issued as a final rule and published in the Federal Register.
    (iii) If NMFS does not concur, the Council will be notified in 
writing of the reasons for the non-concurrence.
    (4) Emergency actions. 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.
    (b) [Reserved]

[64 FR 57594, Oct. 26, 1999]



  Subpart F--Management Measures for the NE Multispecies and Monkfish 
                                Fisheries



Sec. 648.80  Multispecies 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 (GOM) and Georges Bank (GB) Regulated Mesh Areas--
(1) GOM Regulated Mesh Area. The GOM 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:

------------------------------------------------------------------------
              Point                      N. Lat.            W. Long.
------------------------------------------------------------------------
G1...............................  (\1\)               (\1\)
G2...............................  43[deg]58[min]      67[deg]22[min]
G3...............................  42[deg]53.1[min]    67[deg]44.4[min]
G4...............................  42[deg]31[min]      67[deg]28.1[min]
CII3.............................  42[deg]22[min]      67[deg]20[min] \2
                                                        \
------------------------------------------------------------------------
\1\ The intersection of the shoreline and the U.S.-Canada Maritime
  Boundary.
\2\ 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.
------------------------------------------------------------------------
CII3.............................  42[deg]22[min]      67[deg]20[min] \1
                                                        \
G6...............................  42[deg]20[min]      67[deg]20[min]
G7...............................  42[deg]20[min]      69[deg]30[min]
G8...............................  42[deg]00[min]      69[deg]30[min]
G9...............................  42[deg]00[min]      (\2\)
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.
\2\ The intersection of the Cape Cod, MA, coastline and 42[deg]00[min]
  N. lat.


[[Page 374]]

    (2) GB Regulated Mesh Area. The 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 north by the southern boundary of the GOM 
Regulated Mesh Area as defined in paragraph (a)(1)(ii) of this section; 
and
    (ii) Bounded on the east by straight lines connecting the following 
points in the order stated:

------------------------------------------------------------------------
                                                            Approximate
             Point                N. Lat.      W. Long.      loran  C
                                                             bearings
------------------------------------------------------------------------
CII3..........................  42[deg]22[m  67[deg]20[m  (\1\)
                                 in]          in]
SNE1..........................  40[deg]24[m  65[deg]43[m  (\2\)
                                 in]          in]
------------------------------------------------------------------------
\1\ The U.S.-Canada Maritime Boundary.
\2\ The U.S.-Canada Maritime Boundary as it intersects with the EEZ.

    (iii) Bounded on the west by straight lines connecting the following 
points in the order stated:

------------------------------------------------------------------------
              Point                      N. Lat.            W. Long.
------------------------------------------------------------------------
G12..............................  (\1\)               70[deg]00[min]
G11..............................  40[deg]50[min]      70[deg]00[min]
NL1..............................  40[deg]50[min]      69[deg]40[min]
NL2..............................  40[deg]18.7[min]    69[deg]40[min]
NL3..............................  40[deg]22.7[min]    69[deg]00[min]
                                   (\2\)               69[deg]00[min]
------------------------------------------------------------------------
\1\ South facing shoreline of Cape Cod.
\2\ Southward to its intersection with the EEZ.

    (3) GOM Regulated Mesh Area minimum mesh size and gear restrictions-
-(i) Vessels using trawls. Except as provided in paragraphs (a)(3)(i) 
and (vi) of this section, and unless otherwise restricted under 
paragraph (a)(3)(iii) of this section, the minimum mesh size for any 
trawl net, except midwater trawl, on a vessel or used by a vessel 
fishing under a DAS in the NE multispecies DAS program in the GOM 
Regulated Mesh Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-
cm) square mesh, applied throughout the body and extension of the net, 
or any combination thereof, and 6.5-inch (16.5-cm) diamond mesh or 
square mesh applied to the codend of the net as defined in paragraphs 
(a)(3)(i)(A) and (B) of this section, provided the vessel complies with 
the requirements of paragraph (a)(3)(vii) of this section. 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 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (A) For vessels greater than 45 ft (13.7 m) in length overall, a 
diamond mesh codend is defined as the first 50 meshes counting from the 
terminus of the net, and a square mesh codend is defined as the first 
100 bars counting from the terminus of the net.
    (B) For vessels 45 ft (13.7 m) or less in length overall, a diamond 
mesh codend is defined as the first 25 meshes counting from the terminus 
of the net, and a square mesh codend is defined as the first 50 bars 
counting from the terminus of the net.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraphs (a)(3)(ii) and (vi) of this section, 
and unless otherwise restricted under paragraph (a)(3)(iii) of this 
section, the minimum mesh size for any 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 Regulated Mesh Area is 6-inch 
(15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh applied 
throughout the net, or any combination thereof, provided the vessel 
complies with the requirements of paragraph (a)(3)(vii) of this section. 
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 sq ft (0.81 sq m)), or to vessels that 
have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (iii) Large-mesh vessels. As of September 1, 2002, when fishing in 
the GOM Regulated Mesh Area, the minimum mesh size for any trawl net 
vessel, or 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 8.5-inch (21.6-cm) diamond or square 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 sq ft (0.81 sq m)), or to vessels 
that have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (iv) Gillnet vessels--(A) Trip gillnet vessels. Except as provided 
in paragraphs (a)(3)(iv) and (vi) of this section, and

[[Page 375]]

unless otherwise restricted under paragraph (a)(3)(iii) of this section, 
for vessels that obtain an annual designation as a Trip gillnet vessel, 
the minimum mesh size for any sink gillnet when fishing under a DAS in 
the NE multispecies DAS program in the GOM Regulated Mesh Area is 6.5 
inches (16.5 cm) 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 sq ft (0.81 sq m)), or to vessels that have not been issued a NE 
multispecies permit and that are fishing exclusively in state waters.
    (B) Day gillnet vessels. Except as provided in paragraphs (a)(3)(iv) 
and (vi) of this section, and unless otherwise restricted under 
paragraph (a)(3)(iii) of this section, for vessels that obtain an annual 
designation as a Day gillnet vessel, the minimum mesh size for any 
roundfish gillnet when fishing under a DAS in the NE multispecies DAS 
program in the GOM Regulated Mesh Area is 6.5 inches (16.5 cm) 
throughout the entire net and the minimum mesh size for any flatfish 
(tie-down) gillnet when fishing under a DAS in the NE multispecies DAS 
program in the GOM Regulated Mesh Area is 7.0 inches (17.8 cm) 
throughout the entire net. No roundfish nets may be fished or on board a 
vessel during the period March through June in the GOM Regulated Mesh 
Area. 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 sq ft (0.81 sq m)), or to vessels 
that have not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (v) Hook-gear restrictions. Vessels fishing with a valid NE 
multispecies limited access permit and fishing under a NE multispecies 
DAS, and vessels fishing with a valid NE multispecies limited access 
Small-vessel permit, in the GOM Regulated Mesh Area, and persons on such 
vessels, are prohibited from fishing, setting, or hauling back, per day, 
or possessing on board the vessel, more than 2,000 rigged hooks. All 
longline gear hooks must be circle hooks, of a minimum size of 12/0. 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 2,000-hook limit. A ``snap-on'' hook is deemed to 
be a replacement hook if it is not rigged or baited. The use of de-
hookers (``crucifiers'') with less than 6-inch (15.2-cm) spacing between 
the fairlead rollers is prohibited. Vessels fishing with a valid NE 
multispecies limited access Hook-gear permit and fishing under a 
multispecies DAS in the GOM Regulated Mesh Area, and persons on such 
vessels, are prohibited from possessing gear other than hook gear on 
board the vessel.
    (vi) Other restrictions and exemptions. Vessels are prohibited from 
fishing in the GOM or GB Exemption Area as defined in paragraph (a)(16) 
of this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (a)(5) 
through (a)(7), (a)(9) through (a)(14), (d), (e), (h), and (i) of this 
section; or if fishing under a NE multispecies DAS; or if fishing under 
the small vessel exemption specified in Sec. 648.82(b)(3); or if fishing 
under the scallop state waters exemptions specified in Sec. 648.54 and 
paragraph (a)(11) of this section; or if fishing under a scallop DAS in 
accordance with paragraph (h) of this section; or if fishing pursuant to 
a NE multispecies open access Charter/Party or Handgear permit, or if 
fishing as a charter/party or private recreational vessel in compliance 
with the regulations specified in Sec. 648.89. 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. 648.23(b).
    (vii) 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[min]      (\1\)
GM2..............................  42[deg]00[min]      (\2\)
GM3..............................  42[deg]00[min]      (\3\)
GM23.............................  42[deg]00[min]      69[deg]50[min]

[[Page 376]]

 
GM24.............................  43[deg]00[min]      69[deg]50[min]
GM11.............................  43[deg]00[min]      70[deg]00[min]
GM17.............................  43[deg]30[min]      70[deg]00[min]
GM18.............................  43[deg]00[min]      (\4\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ Maine shoreline.

    (4) GB Regulated Mesh Area gear restrictions--(i) Vessels using 
trawls. Except as provided in paragraphs (a)(3)(vi) and (a)(4)(i) of 
this section, and unless otherwise restricted under paragraph 
(a)(4)(iii) of this section, the minimum mesh size for any trawl net, 
except midwater trawl, and the minimum mesh size for any trawl net when 
fishing in that portion of the GB Regulated Mesh Area that lies within 
the SNE Exemption Area, as described in paragraph (b)(10) of this 
section, that is not stowed and available for immediate use in 
accordance with Sec. 648.23(b), on a vessel or used by a vessel fishing 
under a DAS in the NE multispecies DAS program in the GB Regulated Mesh 
Area is 6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh 
applied throughout the body and extension of the net, or any combination 
thereof, and as of August 15, 2002, 6.5-inch (16.5-cm) diamond mesh or 
square mesh applied to the codend of the net as defined under paragraph 
648.80(a)(3)(i) of this section, provided the vessel complies with the 
requirements of paragraph (a)(3)(vii) of this section. 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 sq ft (0.81 sq m)), or to vessels that have not been 
issued a NE multispecies permit and that are fishing exclusively in 
state waters.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraphs (a)(3)(vi) and (a)(4)(ii) of this 
section, and unless otherwise restricted under paragraph (a)(4)(iii) of 
this section, the minimum mesh size for any Scottish seine, midwater 
trawl, or purse seine, and the minimum mesh size for any Scottish seine, 
midwater trawl, or purse seine, when fishing in that portion of the GB 
Regulated Mesh Area that lies within the SNE Exemption Area, as 
described in paragraph (b)(10) of this section, that is not stowed and 
available for immediate use in accordance with Sec. 648.23(b), on a 
vessel or used by a vessel fishing under a DAS in the NE multispecies 
DAS program in the GB Regulated Mesh Area is 6-inch (15.2-cm) diamond 
mesh or 6.5-inch (16.5-cm) square mesh applied throughout the net, or 
any combination thereof, provided the vessel complies with the 
requirements of paragraph (a)(3)(vii) of this section. 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 sq ft (0.81 sq m)), or to vessels that have not been 
issued a NE multispecies permit and that are fishing exclusively in 
state waters.
    (iii) Large-mesh vessels. As of September 1, 2002, when fishing in 
the GB Regulated Mesh Area, the minimum mesh size for any trawl net 
vessel, or sink gillnet, and the minimum mesh size for any trawl net, or 
sink gillnet, when fishing in that portion of the GB Regulated Mesh Area 
that lies within the SNE Exemption Area, as described in paragraph 
(b)(10) of this section, that is not stowed and available for immediate 
use in accordance with Sec. 648.23(b), 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 8.5-inch (21.6-cm) diamond or square 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 sq ft (0.81 
sq m)), or to vessels that have not been issued a NE multispecies permit 
and that are fishing exclusively in state waters.
    (iv) Gillnet vessels. As of August 15, 2002, except as provided in 
paragraphs (a)(3)(vi) and (a)(4)(iv) of this section, the minimum mesh 
size for any roundfish or flatfish gillnet, and the minimum mesh size 
for any roundfish or flatfish gillnet when fishing in that portion of 
the GB Regulated Mesh Area that lies within the SNE Exemption Area, as 
described in paragraph (b)(10) of this section, that is not stowed and 
available for immediate use in accordance with Sec. 648.23(b), when 
fishing under a DAS in the NE multispecies DAS program in the GB 
Regulated Mesh Area is 6.5 inches (16.5 cm)

[[Page 377]]

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 sq ft (0.81 
sq m)), or to vessels that have not been issued a NE multispecies permit 
and that are fishing exclusively in state waters.
    (v) Hook-gear restrictions. Vessels fishing with a valid NE 
multispecies limited access permit and fishing under a NE multispecies 
DAS, and vessels fishing with a valid NE multispecies limited access 
Small-vessel permit, in the GB Regulated Mesh Area, and persons on such 
vessels, are prohibited from possessing gear other than hook gear on 
board the vessel and prohibited from fishing, setting, or hauling back, 
per day, or possessing on board the vessel, more than 3,600 rigged 
hooks. All longline gear hooks must be circle hooks, of a minimum size 
of 12/0. 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 3,600-hook limit. A ``snap-on'' hook 
is deemed to be a replacement hook if it is not rigged or baited. The 
use of de-hookers (``crucifiers'') with less than 6-inch (15.2-cm) 
spacing between the fairlead rollers is prohibited. Vessels fishing with 
a valid NE multispecies limited access Hook-gear permit and fishing 
under a multispecies DAS in the GB Regulated Mesh Area, and persons on 
such vessels, are prohibited from possessing gear other than hook gear 
on board the vessel.
    (5) Small Mesh Northern Shrimp Fishery Exemption Area. Vessels 
subject to the minimum mesh size restrictions specified in this 
paragraph (a) 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)(5)(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[min]      70[deg]00[min]
SM2..............................  41[deg]35[min]      69[deg]40[min]
SM3..............................  42[deg]49.5[min]    69[deg]40[min]
SM4..............................  43[deg]12[min]      69[deg]00[min]
SM5..............................  43[deg]41[min]      68[deg]00[min]
G2...............................  43[deg]58[min]      67[deg]22[min]
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. An owner or operator of a vessel fishing in the northern 
shrimp fishery under the exemption described in this paragraph (a)(5) 
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 incidental species: Longhorn sculpin; combined silver hake and 
offshore hake--up to an amount equal to the total weight of shrimp 
possessed on board or landed, not to exceed 3,500 lb (1,588 kg); and 
American lobster--up to 10 percent, by weight, of all other species on 
board or 200 lobsters, whichever is less, unless otherwise restricted by 
landing limits specified in Sec. 697.17 of this chapter. Silver hake and 
offshore hake 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.
    (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 paragraphs (a)(3) and (4) of this section. The 
net must have an outlet or hole to allow fish or other objects that are 
too large to pass between the bars of the grate to exit the net. The 
aftermost edge of this outlet or hole must be at least as wide as the

[[Page 378]]

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.
    (6) Cultivator Shoal Whiting Fishery Exemption Area. Vessels subject 
to the minimum mesh size restrictions specified in paragraphs (a)(3) and 
(4) 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)(6)(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[min]      68[deg]10[min]
C2...............................  41[deg]30[min]      68[deg]41[min]
CI4..............................  41[deg]30[min]      68[deg]30[min]
C3...............................  41[deg]12.8[min]    68[deg]30[min]
C4...............................  41[deg]05[min]      68[deg]20[min]
C5...............................  41[deg]55[min]      67[deg]40[min]
C1...............................  42[deg]10[min]      68[deg]10[min]
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Cultivator Shoal 
Whiting Fishery Exemption Area under this exemption must have on board a 
valid letter of authorization issued by the Regional Administrator.
    (B) An owner or operator of a vessel fishing in this area may not 
fish for, possess on board, or land any species of fish other than 
whiting and offshore hake combined--up to a maximum of 30,000 lb (13,608 
kg), except for the following, with the restrictions noted, as allowable 
incidental species: Herring; longhorn sculpin; squid; butterfish; 
Atlantic mackerel; dogfish; red hake; monkfish and monkfish parts--up to 
10 percent, by weight, of all other species on board or up to 50 lb (23 
kg) tail-weight/166 lb (75 kg) whole-weight of monkfish per trip, as 
specified in Sec. 648.94(c)(4), whichever is less; and American lobster-
-up to 10 percent, by weight, of all other species on board or 200 
lobsters, whichever is less, unless otherwise restricted by landing 
limits specified in Sec. 697.17 of this chapter.
    (C) Counting from the terminus of the net, all nets must have a 
minimum mesh size of 3-inch (7.6-cm) square or diamond mesh applied to 
the first 100 meshes (200 bars in the case of square mesh) for vessels 
greater than 60 ft (18.3 m) in length and applied to the first 50 meshes 
(100 bars in the case of square mesh) for vessels less than or equal to 
60 ft (18.3 m) in length.
    (D) Fishing is confined to a season of June 15 through October 31, 
unless otherwise specified by notification in the Federal Register.
    (E) When a vessel is transiting through the GOM or GB Regulated Mesh 
Areas specified under paragraphs (a)(1) and (a)(2) of this section, any 
nets with a mesh size smaller than the minimum mesh specified in 
paragraphs (a)(3) or (a)(4) of this section must be stowed in accordance 
with one of the methods specified in Sec. 648.23(b), unless the vessel 
is fishing for small-mesh multispecies under another exempted fishery 
specified in this paragraph (a).
    (F) A vessel fishing in the Cultivator Shoal Whiting Fishery 
Exemption Area may fish for small-mesh multispecies in exempted 
fisheries outside of the Cultivator Shoal Whiting Fishery Exemption 
Area, provided that the vessel complies with the requirements specified 
in this paragraph (a)(6)(i) for the entire trip.
    (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,

[[Page 379]]

and to make appropriate recommendations to the Regional Administrator 
following the procedures specified in Sec. 648.90.
    (7) 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)(5) and (9) of this section, may transit 
through the Small Mesh Northern Shrimp Fishery Exemption Area as 
specified in paragraph (a)(5) of this section with nets of mesh size 
smaller than the minimum mesh size specified in paragraphs (a)(3) or (4) 
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 paragraphs (a)(3) or (4) of this section may transit through the 
Small Mesh Northern Shrimp Fishery Exemption Area defined in paragraph 
(a)(5) 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 paragraphs (a)(3) or (4) of this section may transit 
through the GOM and GB Regulated Mesh Areas defined in paragraphs (a)(1) 
and (2) 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 paragraphs (a)(3) or (4) 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)(6), 
(a)(10), (a)(15), (b), and (c) of this section. Vessels may retain 
exempted small-mesh species as provided in paragraphs (a)(6)(i), 
(a)(10)(i), (a)(15)(i), (b)(3), and (c)(3) of this section.
    (8) Addition or deletion of exemptions-- (i) Regulated multispecies. 
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 various factors including, 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)(8)(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)(8) are subject, at a minimum, to the following restrictions:
    (A) With the exception of fisheries authorized under paragraph 
(a)(8)(iii)

[[Page 380]]

of this section, a prohibition on the possession of regulated species.
    (B) A limit on the possession of monkfish or monkfish parts of 10 
percent, by weight, of all other species on board or as specified by 
Sec. 648.94(c)(3), (c)(4), (c)(5) or (c)(6), as applicable, whichever is 
less.
    (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 SNE 
Exemption Area described in paragraph (b)(10) of this section of 10 
percent, by weight, of all other species on board.
    (9) Small Mesh Area 1/Small Mesh Area 2-- (i) Description. (A) 
Unless otherwise prohibited in Sec. 648.81, a vessel subject to the 
minimum mesh size restrictions specified in paragraphs (a)(3) or (a)(4) 
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 paragraphs (a)(5)(ii), or (a)(9)(ii) of this section and 
of Sec. 648.86(d), 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. While lawfully fishing in these areas with mesh 
smaller than the minimum size, an owner or operator of any vessel may 
not fish for, possess on board, or land any species of fish other than: 
Silver hake and offshore hake--up to the amounts specified in 
Sec. 648.86(d); butterfish; dogfish; herring; Atlantic mackerel; scup; 
squid; and red hake.
    (B) Small-mesh areas 1 and 2 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 I
------------------------------------------------------------------------
        Point                  N. Lat.                  W. Long.
------------------------------------------------------------------------
SM1.................  43[deg]03[min]..........  70[deg]27[min]
SM2.................  42[deg]57[min]..........  70[deg]22[min]
SM3.................  42[deg]47[min]..........  70[deg]32[min]
SM4.................  42[deg]45[min]..........  70[deg]29[min]
SM5.................  42[deg]43[min]..........  70[deg]32[min]
SM6.................  42[deg]44[min]..........  70[deg]39[min]
SM7.................  42[deg]49[min]..........  70[deg]43[min]
SM8.................  42[deg]50[min]..........  70o41[min]
SM9.................  42[deg]53[min]..........  70[deg]43[min]
SM10................  42[deg]55[min]..........  70[deg]40[min]
SM11................  42[deg]59[min]..........  70[deg]32[min]
SM1.................  43[deg]03[min]..........  70[deg]27[min]
------------------------------------------------------------------------


                           Small Mesh Area II
------------------------------------------------------------------------
        Point                  N. Lat.                  W. Long.
------------------------------------------------------------------------
SM13................  43[deg]05.6[min]........  69[deg]55[min]
SM14................  43[deg]10.1[min]........  69[deg] 43.3[min]
SM15................  [deg]49.5[min]..........  69[deg] 40[min]
SM16................  42[deg] 41.5[min].......  69[deg]40[min]
SM17................  42[deg] 36.6[min].......  69[deg]55[min]
SM13................  43[deg]05.6[min]........  69[deg]55[min]
------------------------------------------------------------------------

    (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)(9)(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 ft (122.0 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 (73 m) from the doors to wingends.
    (C) The footrope must be longer than the length of the headrope, but 
not more than 20 ft (6.1 m) longer than the length of the headrope. The 
footrope must be rigged so that it does not contact the ocean bottom 
while fishing.
    (D) The raised footrope trawl may be used with or without a chain 
sweep. If used without a chain sweep, the drop chains must be a maximum 
of \3/8\-inch (0.95-cm) diameter bare chain and must be hung from the 
center of the footrope and each corner (the quarter, or the junction of 
the bottom wing to the belly at the footrope). Drop chains must be hung 
at intervals of 8 ft (2.4 m) along the footrope from the corners to the 
wing ends. If used with a chain

[[Page 381]]

sweep, 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 drop 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, including drop 
chains, must be made entirely of bare chain with a maximum diameter of 
\5/16\ inches (0.8 cm). No wrapping or cookies are allowed on the drop 
chains or sweep. The total length of the sweep must be at least 7 ft 
(2.1 m) longer than the total length of the footrope, or 3.5 ft (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 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 intervals of 8 ft (2.4 m) 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 ft (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.
    (10) Nantucket Shoals dogfish fishery exemption area. Vessels 
subject to the minimum mesh size restrictions specified in paragraphs 
(a)(3) or (4) 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)(10)(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[min]      70[deg]00[min]
NS2..............................  41[deg]45[min]      69[deg]20[min]
NS3..............................  41[deg]30[min]      69[deg]20[min]
Cl1..............................  41[deg]30[min]      69[deg]23[min]
NS5..............................  41[deg]26.5[min]    69[deg]20[min]
NS6..............................  40[deg]50[min]      69[deg]20[min]
NS7..............................  40[deg]50[min]      70[deg]00[min]
NS1..............................  41[deg]45[min]      70[deg]00[min]
------------------------------------------------------------------------

    (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)(10)(i)(D) of this 
section.
    (B) Fishing is confined to June 1 through October 15.
    (C) When transiting the GOM or GB Regulated Mesh Areas, specified 
under paragraphs (a)(1) and (2) of this section, any nets with a mesh 
size smaller than the minimum mesh size specified in paragraph (a)(3) 
and (4) of this section must be stowed and unavailable for immediate use 
in accordance with Sec. 648.23(b).
    (D) Incidental species provisions. The following species may be 
possessed and landed, with the restrictions noted, as allowable 
incidental species in the Nantucket Shoals Dogfish Fishery Exemption 
Area: Longhorn sculpin; silver hake--up to 200 lb (90.7 kg); monkfish 
and monkfish parts--up to 10 percent, by weight, of all other species on 
board or up to 50 lb (23 kg) tail-weight/166 lb (75 kg) whole-weight of 
monkfish per trip, as specified in Sec. 648.94(c)(4), whichever is less; 
American lobster--up to 10 percent, by weight, of all other species on 
board or 200 lobsters, whichever is less, unless otherwise restricted by 
landing limits specified in Sec. 697.17 of this chapter; 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

[[Page 382]]

sampling to determine if there is a need to change the area or season 
designation, and to evaluate the bycatch of regulated species.
    (11) Scallop Dredge Fishery Exemption within the GOM Small Mesh 
Northern Shrimp Fishery Exemption Area. Unless otherwise prohibited in 
Secs. 648.81, 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 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)(11)(i) of this section. 
The GOM Scallop Dredge Fishery Exemption Area is the same as the area 
defined in paragraph (a)(5) 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)(11) 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 Cashes Ledge Closure Area or 
the Western GOM Area Closure specified in Sec. 648.81(h) and (i).
    (ii) [Reserved]
    (12) 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 (2.4 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)(10) of this 
section.
    (13) 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)(13)(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[min]                               70[deg]00[min]
42[deg]49.5[min]                             70[deg]00[min]
42[deg]49.5[min]                             69[deg]40[min]
43[deg]12[min]                               69[deg]00[min]
(\1\)......................................  69[deg]00[min]
------------------------------------------------------------------------
\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-inch (25.4-cm) 
diamond mesh throughout the net.
    (C) Fishing is confined to July 1 through September 14.
    (ii) [Reserved]
    (14) 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)(14)(i) of this section. The area coordinates of the 
GOM/GB Dogfish and Monkfish Gillnet Fishery Exemption Area are specified 
in paragraph (a)(13) 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-inch (16.5-cm) 
diamond mesh throughout the net.

[[Page 383]]

    (C) Fishing is confined to July 1 through August 31.
    (ii) [Reserved]
    (15) Raised Footrope Trawl Exempted Whiting Fishery. Vessels subject 
to the minimum mesh size restrictions specified in paragraphs (a)(3) or 
(a)(4) of this section may fish with, use, or possess nets in the Raised 
Footrope Trawl Whiting Fishery area with a mesh size smaller than the 
minimum size specified, if the vessel complies with the requirements 
specified in paragraph (a)(15)(i) of this section. This exemption does 
not apply to the Cashes Ledge Closure Areas or the Western GOM Area 
Closure specified in Sec. 648.81(h) and (i). The Raised Footrope Trawl 
Whiting Fishery Area (copies of a chart depicting the area are available 
from the Regional Administrator upon request) is defined by straight 
lines connecting the following points in the order stated:

    RAISED FOOTROPE TRAWL WHITING FISHERY EXEMPTION AREA (September 1
                          through November 20)
------------------------------------------------------------------------
        Point                  N. Lat.                  W. Long.
------------------------------------------------------------------------
RF1.................  42[deg]14.05[min].......  70[deg]08.8[min]
RF2.................  42[deg]09.2[min]........  69[deg]47.8[min]
RF3.................  41[deg]54.85[min].......  69[deg]35.2[min]
RF4.................  41[deg]41.5[min]........  69[deg]32.85[min]
RF5.................  41[deg]39[min]..........  69[deg]44.3[min]
RF6.................  41[deg]45.6[min]........  69[deg]51.8[min]
RF7.................  41[deg]52.3[min]........  69[deg]52.55[min]
RF8.................  41[deg]55.5[min]........  69[deg]53.45[min]
RF9.................  42[deg]08.35[min].......  70[deg]04.05[min]
RF10................  42[deg]04.75[min].......  70[deg]16.95[min]
RF11................  42[deg]00[min]..........  70[deg]13.2[min]
RF12................  42[deg]00[min]..........  70[deg]24.1[min]
RF13................  42[deg]07.85[min].......  70[deg]30.1[min]
RF1.................  42[deg]14.05[min].......  70[deg]08.8[min]
------------------------------------------------------------------------


    RAISED FOOTROPE TRAWL WHITING FISHERY EXEMPTION AREA (November 21
                          through December 31)
------------------------------------------------------------------------
        Point                  N. Lat.                  W. Long.
------------------------------------------------------------------------
RF1.................  42[deg]14.05[min].......  70[deg]08.8[min]
RF2.................  42[deg]09.2[min]........  69[deg]47.8[min]
RF3.................  41[deg]54.85[min].......  69[deg]35.2[min][deg]
RF4.................  41[deg]41.5[min]........  69[deg]32.85[min]
RF5.................  41[deg]39[min]..........  69[deg]44.3[min]
RF6.................  41[deg]45.6[min]........  69[deg]51.8[min]
RF7.................  41[deg]52.3[min]........  69[deg]52.55[min]
RF8.................  41[deg]55.5[min]........  69[deg]53.45[min]
RF9.................  42[deg]08.35[min].......  70[deg]04.05[min]
RF1.................  42[deg]14.05[min].......  70[deg]08.8[min]
                      ........................  ........................
                      ........................  ........................
------------------------------------------------------------------------

    (i) Requirements. (A) A vessel fishing in the Raised Footrope Trawl 
Whiting Fishery under this exemption must have on board a valid letter 
of authorization issued by the Regional Administrator. To obtain a 
letter of authorization, vessel owners must write to or call during 
normal business hours the Northeast Region Permit Office and provide the 
vessel name, owner name, permit number, and the desired period of time 
that the vessel will be enrolled. Since letters of authorization are 
effective the day after they are requested, vessel owners should allow 
appropriate processing and mailing time. To withdraw from a category, 
vessel owners must write to or call the Northeast Region Permit Office. 
Withdrawals are effective the day after the date of request. Withdrawals 
may occur after a minimum of 7 days of enrollment.
    (B) All nets must be no smaller than a minimum mesh size of 2.5-inch 
(6.35-cm) square or diamond mesh, subject to the restrictions as 
specified in paragraph (a)(14)(i)(D) of this section. An owner or 
operator of a vessel enrolled in the raised footrope whiting fishery may 
not fish for, possess on board, or land any species of fish other than 
whiting and offshore hake subject to the applicable possession limits as 
specified in Sec. 648.86, except for the following allowable incidental 
species: Red hake; butterfish; dogfish; herring; mackerel; scup; and 
squid.
    (C) [Reserved]
    (D) All nets must comply with the minimum mesh sizes specified in 
paragraphs (a)(15)(i)(B) and (C) of this section. Counting from the 
terminus of the net, the minimum mesh size is applied to the first 100 
meshes (200 bars in the case of square mesh) from the terminus of the 
net for vessels greater than 60 ft (18.3 m) in length and is applied to 
the first 50 meshes (100 bars in the case of square mesh) from the 
terminus of the net for vessels less than or equal to 60 ft (18.3 m) in 
length.
    (E) Raised footrope trawl gear is required and must be configured as 
specified in paragraphs (a)(9)(ii)(A) through (D) of this section.
    (F) Fishing may only occur from September 1 through November 20 of 
each fishing year, except that it may occur in the eastern portion only 
of the Raised Footrope Trawl Whiting Fishery Exemption Area from 
November 21

[[Page 384]]

through December 31 of each fishing year.
    (G) A vessel enrolled in the Raised Footrope Trawl Whiting Fishery 
may fish for small-mesh multispecies in exempted fisheries outside of 
the Raised Footrope Trawl Whiting Fishery exemption area, provided that 
the vessel complies with the more restrictive gear, possession limit and 
other requirements specified in the regulations of that exempted fishery 
for the entire participation period specified on the vessel's letter of 
authorization. For example, a vessel may fish in both the Raised 
Footrope Trawl Whiting Fishery and the Cultivator Shoal Whiting Fishery 
Exemption Area and would be restricted to a minimum mesh size of 3 
inches (7.6 cm), as required in the Cultivator Shoal Whiting Fishery 
Exemption Area, the use of the raised footrope trawl, and the catch and 
bycatch restrictions of the Raised Footrope Trawl Whiting Fishery, 
except for red hake, which is restricted to 10 percent of the total 
catch under the Cultivator Shoal Whiting Fishery.
    (ii) Sea sampling. The Regional Administrator shall conduct periodic 
sea sampling to evaluate the bycatch of regulated species.
    (16) GOM Grate Raised Footrope Trawl Exempted Whiting Fishery. 
Vessels subject to the minimum mesh size restrictions specified in 
paragraphs (a)(3) or (4) of this section may fish with, use, and possess 
in the GOM Grate Raised Footrope Trawl Whiting Fishery area from July 1 
through November 30 of each year, nets with a mesh size smaller than the 
minimum size specified, if the vessel complies with the requirements 
specified in paragraphs (a)(16)(i) and (ii) of this section. The GOM 
Grate Raised Footrope Trawl Whiting Fishery Area (copies of a chart 
depicting the area are available from the Regional Administrator upon 
request) is defined by straight lines connecting the following points in 
the order stated:

     GOM GRATE RAISED FOOTROPE TRAWL WHITING FISHERY EXEMPTION AREA
                      (July 1 through November 30)
------------------------------------------------------------------------
                      Point                         N. Lat.    W. Long.
------------------------------------------------------------------------
GRF1                                                43[deg]     70[deg]
                                                    15[min]   35.4[min]
GRF2                                                43[deg]     70[deg]
                                                    15[min]     00[min]
GRF3                                                43[deg]     70[deg]
                                                  25.2[min]     00[min]
GRF4                                                43[deg]     69[deg]
                                                  41.8[min]     20[min]
GRF5                                                43[deg]     69[deg]
                                                  58.8[min]     20[min]
------------------------------------------------------------------------

    (i) Mesh requirements and possession restrictions. (A) All nets must 
comply with a minimum mesh size of 2.5 inch (6.35 cm) square or diamond 
mesh, subject to the restrictions specified in paragraph (a)(16)(i)(B) 
of this section. An owner or operator of a vessel participating in the 
GOM Grate Raised Footrope Trawl Exempted Whiting Fishery may not fish 
for, possess on board, or land any species of fish, other than whiting 
and offshore hake, subject to the applicable possession limits as 
specified in paragraph (a)(16)(i)(C) of this section, except for the 
following allowable incidental species: Red hake; butterfish; herring; 
mackerel; squid; and alewife.
    (B) All nets must comply with the minimum mesh size specified in 
paragraph (a)(16)(i)(A) of this section. Counting from the terminus of 
the net, the minimum mesh size is applied to the first 100 meshes (200 
bars in the case of square mesh) from the terminus of the net for 
vessels greater than 60 ft (18.3 m) in length and is applied to the 
first 50 meshes (100 bars in the case of square mesh) from the terminus 
of the net for vessels less than or equal to 60 ft (18.3 m) in length.
    (C) An owner or operator of a vessel participating in the GOM Grate 
Raised Footrope Trawl Exempted Whiting Fishery may fish for, possess, 
and land combined silver hake and offshore hake only up to 7,500 lb 
(3,402 kg). An owner or operator fishing with mesh larger than the 
minimum mesh size specified in paragraph (a)(16)(i)(A) of this section 
may not fish for, possess, or land silver hake or offshore hake in 
quantities larger than 7,500 lb (3,402 kg).
    (ii) Gear specifications. In addition to the requirements specified 
in paragraph (a)(16)(i) of this section, an owner or operator of a 
vessel fishing in the GOM Grate Raised Footrope Trawl

[[Page 385]]

Exempted Whiting Fishery must configure the vessel's trawl gear as 
specified in paragraphs (a)(16)(ii)(A) through (C) of this section.
    (A) An owner or operator of a vessel fishing in the GOM Grate Raised 
Footrope Trawl Exempted Whiting Fishery must configure the vessel's 
trawl gear with a raised footrope trawl as specified in paragraphs 
(a)(9)(ii)(A) through (C) of this section. In addition, the restrictions 
specified in paragraphs (a)(16)(ii)(B) and (C) of this section apply to 
vessels fishing in the GOM Grate Raised Footrope Trawl Exempted Whiting 
Fishery.
    (B) The raised footrope trawl must be used without a sweep of any 
kind (chain, roller frame, or rockhopper). The drop chains must be a 
maximum of 3/8-inch (0.95 cm) diameter bare chain and must be hung from 
the center of the footrope and each corner (the quarter, or the junction 
of the bottom wing to the belly at the footrope). Drop chains must be at 
least 42 inches (106.7 cm) in length and must be hung at intervals of 8 
ft (2.4 m) along the footrope from the corners to the wing ends.
    (C) The raised footrope trawl net must have a rigid or semi-rigid 
grate consisting of parallel bars of not more than 50 mm (1.97 inches) 
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. The 
grate must be 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. The net must have an outlet or hole to allow fish or other 
objects that are too large to pass between the bars of the grate to exit 
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.
    (iii) Annual review. On an annual basis, the Groundfish PDT will 
review data from this fishery, including sea sampling data, to determine 
whether adjustments are necessary to ensure that regulated species 
bycatch remains at a minimum. If the Groundfish PDT recommends 
adjustments to ensure that regulated species bycatch remains at a 
minimum, the Council may take action prior to the next season through 
the framework adjustment process specified in Sec. 648.90(b), and in 
accordance with the Administrative Procedures Act.
    (17) GOM/GB Exemption Area--Area definition. The GOM/GB Exemption 
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 the U.S.-Canada maritime boundary, 
defined by straight lines connecting the following points in the order 
stated:

                Gulf of Maine/Georges Bank Exemption Area
------------------------------------------------------------------------
              Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
G1..............................  (\1\)               (\1\)
G2..............................  43[deg]58[min]      67[deg]22[min]
G3..............................  42[deg]53.1[min]    67[deg]44.4[min]
G4..............................  42[deg]31[min]      67[deg]28.1[min]
G5..............................  41[deg]18.6[min]    66[deg]24.8[min]
------------------------------------------------------------------------
\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:

[[Page 386]]



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


[[Page 387]]

    (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 the western boundary of the Georges Bank 
Regulated Mesh Area described under Sec. 648.80(a)(2)(iii); and
    (ii) Bounded on the west by a line beginning at the intersection of 
74[deg]00[min] W. long. and the south facing shoreline of Long Island, 
NY, and then running southward along the 74[deg]00[min] W. long. line.
    (2) Gear restrictions--(i) Vessels using trawls. Except as provided 
in paragraphs (b)(2)(i) and (vi) of this section, and unless otherwise 
restricted under paragraph (b)(2)(iii) of this section, the minimum mesh 
size for any trawl net, not stowed and not available for immediate use 
in accordance with section Sec. 648.23(b), except midwater trawl, on a 
vessel or used by a vessel fishing under a DAS in the NE multispecies 
DAS program in the SNE Regulated Mesh Area is 6-inch (15.2-cm) diamond 
mesh or 6.5-inch (16.5-cm) square mesh, applied throughout the body and 
extension of the net, or any combination thereof, and as of August 15, 
2002, 6.5-inch (16.5-cm) square mesh or, as of September 1, 2002, 7-inch 
(17.8-cm) diamond mesh applied to the codend of the net, as defined 
under paragraph Sec. 648.80(a)(3)(i). 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 sq 
ft (0.81 sq m)), or to vessels that have not been issued a NE 
multispecies permit and that are fishing exclusively in state waters.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraphs (b)(2)(ii) and (vi) of this section, 
the minimum mesh size for any Scottish seine, midwater trawl, or purse 
seine, not stowed and not available for immediate use in accordance with 
section Sec. 648.23(b), on a vessel or used by a vessel fishing under a 
DAS in the NE multispecies DAS program in the SNE Regulated Mesh Area is 
6-inch (15.2-cm) diamond mesh or 6.5-inch (16.5-cm) square mesh applied 
throughout the net, or any combination thereof. 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 sq ft (0.81 sq m)), or to vessels that have not been issued 
a NE multispecies permit and that are fishing exclusively in state 
waters.
    (iii) Large-mesh vessels. As of September 1, 2002, when fishing in 
the SNE Regulated Mesh Area, the minimum mesh size for any trawl net 
vessel, or sink gillnet, not stowed and not available for immediate use 
in accordance with section Sec. 648.23(b) 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 8.5-inch (21.6) diamond or square 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 sq ft (0.81 
sq m)), or to vessels that have not been issued a NE multispecies permit 
and that are fishing exclusively in state waters.
    (iv) Vessels using sink gillnets. As of August 15, 2002, the minimum 
mesh size for any sink gillnet, not stowed and not available for 
immediate use in accordance with section Sec. 648.23(b), when fishing 
under a DAS in the NE multispecies DAS program in the SNE Regulated Mesh 
Area is 6.5 inches (16.5 cm) 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 sq ft (0.81 sq m)), or to vessels that have not been 
issued a NE multispecies permit and that are fishing exclusively in 
state waters.
    (v) Hook-gear restrictions. Vessels fishing with a valid NE 
multispecies limited access permit and fishing under a NE multispecies 
DAS, and vessels fishing with a valid NE multispecies limited access 
Small-vessel permit, in the SNE Regulated Mesh Area, and persons on such 
vessels, are prohibited from fishing, setting, or hauling back, per day, 
or possessing on board the vessel, more than 2,000 rigged hooks. All 
longline gear hooks must be circle hooks, of a minimum size of 12/0. 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 2,000-hook limit. A ``snap-on'' hook is deemed to 
be a replacement hook if it is not rigged or baited. The use of de-
hookers

[[Page 388]]

(``crucifiers'') with less than 6-inch (15.2-cm) spacing between the 
fairlead rollers is prohibited. Vessels fishing with a valid NE 
multispecies limited access Hook-gear permit and fishing under a 
multispecies DAS in the SNE Regulated Mesh Area, and persons on such 
vessels, are prohibited from possessing gear other than hook gear on 
board the vessel.
    (vi) Other restrictions and exemptions. Vessels are prohibited from 
fishing in the SNE Exemption Area as defined in paragraph (b)(10) of 
this section, except if fishing with exempted gear (as defined under 
this part) or under the exemptions specified in paragraphs (b)(3), 
(b)(5) through (9), (c), (e), (h) and (i) of this section, or if fishing 
under a NE multispecies DAS, if fishing under the Small Vessel exemption 
specified in Sec. 648.82(b)(3), or if fishing under a scallop state 
waters exemption specified in Sec. 648.54, or if fishing under a scallop 
DAS in accordance with paragraph (h) of this section, or if fishing 
pursuant to a NE multispecies open access Charter/Party or Handgear 
permit, or if fishing as a charter/party or private recreational vessel 
in compliance with the regulations specified in Sec. 648.89. 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. 648.23(b).
    (3) Exemptions--(i) Species exemptions. Owners and operators of 
vessels subject to the minimum mesh size restrictions specified in 
paragraphs (a)(4) and (b)(2) of this section, may fish for, harvest, 
possess, or land butterfish, dogfish (trawl only), herring, Atlantic 
mackerel, ocean pout, scup, shrimp, squid, summer flounder, silver hake 
and offshore hake, and weakfish with nets of a mesh size smaller than 
the minimum size specified in the GB and SNE Regulated Mesh Areas when 
fishing in the SNE Exemption Area defined in paragraph (b)(10) of this 
section, provided such vessels comply with requirements specified in 
paragraph (b)(3)(ii) of this section and with the mesh size and 
possession limit restrictions specified under Sec. 648.86(d).
    (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 (a)(4) and (b)(2) of this section 
when fishing in the SNE Exemption Area defined in paragraph (b)(10) 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 paragraphs (a)(4) and (b)(2) 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; sea robins; 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 raven; Atlantic croaker; spot; 
swordfish; monkfish and monkfish parts--up to 10 percent, by weight, of 
all other species on board or up to 50 lb (23 kg) tail-weight/166 lb (75 
kg) whole weight of monkfish per trip, as specified in 
Sec. 648.94(c)(4), whichever is less; 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 under paragraph 
(a)(8) of this section.
    (5) SNE Monkfish and Skate Trawl Exemption Area. Unless otherwise 
required or prohibited by monkfish or skate regulations under this part, 
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 and the monkfish and skate regulations, as 
applicable under this part. 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 western boundary of the SNE Exemption Area as defined in paragraph 
(b)(10)(ii) of this section.

[[Page 389]]

    (i) Requirements. (A) A vessel fishing under this exemption may only 
fish for, possess on board, or land monkfish and incidentally caught 
species up to the amounts specified in paragraph (b)(3) of this section.
    (B) All trawl nets must have a minimum mesh size of 8-inch (20.3-cm) 
square or diamond mesh throughout the codend for at least 45 continuous 
meshes forward of the terminus of the net.
    (C) A vessel not operating under a multispecies DAS may fish for, 
possess on board, or land skates, provided:
    (1) The vessel is called into the monkfish DAS program (Sec. 648.92) 
and complies with the skate possession limit restrictions at 
Sec. 648.322; or
    (2) The vessel has an LOA on board to fish for skates as bait only, 
and complies with the requirements specified at Sec. 648.322(b); or
    (3) The vessel possesses and/or lands skates or skate parts in an 
amount not to exceed 10 percent by weight of all other species on board 
as specified at Sec. 648.80(b)(3).
    (ii) [Reserved]
    (6) SNE Monkfish and Skate Gillnet Exemption Area. Unless otherwise 
required by monkfish regulations under this part, 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 monkfish regulations, as applicable under Secs. 648.91 
through 648.94, and the skate regulations, as applicable under 
Secs. 648.4 and 648.322. 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 western 
boundary of the SNE Exemption Area as defined in paragraph (b)(10)(ii) 
of this section.
    (i) Requirements. (A) A vessel fishing under this exemption may only 
fish for, possess on board, or land monkfish and incidentally caught 
species up to the 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. 648.23(b).
    (D) A vessel not operating under a NE multispecies DAS may fish for, 
possess on board, or land skates, provided:
    (1) The vessel is called into the monkfish DAS program (Sec. 648.92) 
and complies with the skate possession limit restrictions at 
Sec. 648.322; or
    (2) The vessel has an LOA on board to fish for skates as bait only, 
and complies with the requirements specified at Sec. 648.322(b); or
    (3) The vessel possesses and/or lands skates or skate parts in an 
amount not to exceed 10 percent by weight of all other species on board 
as specified at Sec. 648.80(b)(3).
    (ii) [Reserved]
    (7) SNE Dogfish Gillnet Exemption Area. Unless otherwise required by 
monkfish regulations under this part 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 and the applicable dogfish 
regulations under sub-part (L). The SNE Dogfish Gillnet Fishery 
Exemption Area is defined by a line running from the Massachusetts 
shoreline at 41[deg]35[min] N. lat. and 70[deg]00[min] 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 western 
boundary of the SNE Exemption Area as defined in paragraph (b)(10)(ii) 
of this section.
    (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-inch (15.2-cm) 
diamond mesh throughout the net.
    (C) Fishing is confined to May 1 through October 31.
    (ii) [Reserved]

[[Page 390]]

    (8) SNE Mussel and Sea Urchin Dredge Exemption. A vessel may fish 
with a dredge in the SNE Exemption Area, as defined in paragraph (b)(10) 
of this section, provided that any dredge on board the vessel does not 
exceed 8 ft (2.4 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[min] N. lat. and 
71[deg]51.5[min] 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[min] N. lat. and 
71[deg]50.2[min] W. long.; east-northeast through Block Island, RI, to 
41[deg]15[min] N. lat. and 71[deg]07[min] 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) of this 
section 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.
    (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 (14.0-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. 648.23(b) while 
fishing under this exemption.
    (F) Fishing is confined to September 1 through October 31.
    (ii) The Regional Administrator shall conduct periodic sea sampling 
to evaluate the likelihood of gear interactions with protected 
resources.
    (10) SNE Exemption Area--Area definition. The SNE Exemption 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 Exemption Area
------------------------------------------------------------------------
              Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
G5..............................  41[deg]18.6[min]    66[deg]24.8[min]
G6..............................  40[deg]55.5[min]    66[deg]38[min]
G7..............................  40[deg]45.5[min]    68[deg]00[min]
G8..............................  40[deg]37[min]      68[deg]00[min]
G9..............................  40[deg]30.5[min]    69[deg]00[min]
NL3.............................  40[deg]22.7[min]    69[deg]00[min]
NL2.............................  40[deg]18.7[min]    69[deg]40[min]
NL1.............................  40[deg]50[min]      69[deg]40[min]
G11.............................  40[deg]50[min]      70[deg]00[min]
G12.............................  ..................  \1\ 70[deg]00[min]
 
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of mainland
  Massachusetts.

    (ii) Bounded on the west by a line running from the Rhode Island 
shoreline at 41[deg]18.2[min] N. lat. and 71[deg]51.5[min] 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[min] W. long., and south along that line to 
the intersection of the outer boundary of the EEZ.
    (c) Mid-Atlantic regulated mesh area. (1) Area definition. The Mid-
Atlantic Regulated Mesh Area is that area bounded on the east by the 
western boundary of the SNE Regulated Mesh Area, described under 
Sec. 648.80(b)(1)(ii).
    (2) Gear restrictions--(i) Vessels using trawls. Except as provided 
in paragraphs (c)(2)(iii), the minimum mesh size for any trawl net, not 
stowed and not available for immediate use in accordance with section 
Sec. 648.23(b), on a vessel or used 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),

[[Page 391]]

applied throughout the body and extension of the net, or any combination 
thereof, and as of August 15, 2002, 6.5-inch (16.5-cm) diamond or square 
mesh applied to the codend of the net, as defined under paragraph 
Sec. 648.80(a)(3)(i).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 sq ft (0.81 sq m)), 
or to vessels that have not been issued a NE multispecies permit and 
that are fishing exclusively in state waters.
    (ii) Vessels using Scottish seine, midwater trawl, and purse seine. 
Except as provided in paragraph (c)(2)(iii) of this section, the minimum 
mesh size for any sink gillnet, Scottish seine, midwater trawl, or purse 
seine, not stowed and not available for immediate use in accordance with 
section Sec. 648.23(b), on a vessel or used 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 nets or pieces of nets smaller 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 NE 
multispecies permit and that are fishing exclusively in state waters.
    (iii) Large-mesh vessels. As of September 1, 2002, when fishing in 
the Mid-Atlantic Regulated Mesh Area, the minimum mesh size for any 
trawl net vessel, or sink gillnet, not stowed and not available for 
immediate use in accordance with section Sec. 648.23(b), 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 7.5-inch (19.0-cm) diamond 
mesh or 8.0-inch (20.3-cm) square 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 sq ft (0.81 sq m)), or to vessels that have 
not been issued a NE multispecies permit and that are fishing 
exclusively in state waters.
    (iv) Hook-gear restrictions. Vessels fishing with a valid NE 
multispecies limited access permit and fishing under a NE multispecies 
DAS, and vessels fishing with a valid NE multispecies limited access 
Small-vessel permit, when fishing in the Mid-Atlantic Regulated Mesh 
Area, are prohibited from using de-hookers (``crucifiers'') with less 
than 6-inch (15.2-cm) spacing between the fairlead rollers. Vessels 
fishing with a valid NE multispecies limited access Hook-gear permit and 
fishing under a NE multispecies DAS in the Mid-Atlantic Regulated Mesh 
Area, and persons on such vessels, are prohibited from possessing gear 
other than hook gear on board the vessel and 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.
    (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) Addition or deletion of exemptions. Same as paragraph (a)(7) of 
this section.
    (5) Mid-Atlantic Exemption Area. The Mid-Atlantic Exemption Area is 
that area that lies west of the SNE Exemption Area defined in paragraph 
(b)(10) of this section.
    (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 Exemption Area 
as defined in paragraph (a)(16) of this section, 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;

[[Page 392]]

    (3) The vessel only fishes for, possesses, or lands Atlantic 
herring, blueback herring, or mackerel in areas north of 42[deg]20[min] 
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[min] 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 Exemption Area 
as defined in paragraph (a)(16) of this section, 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. Except as provided in paragraph (g)(5) of this section, 
a fishing vessel subject to minimum mesh size restrictions 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 in (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) is not 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, head ropes are not 
considered part of the top of the trawl net.
    (2) Net obstruction or constriction. (i) Except as provided in 
paragraph (g)(5) of this section, a fishing vessel may not use any mesh 
configuration, mesh construction, or other means on or in the top of the 
net subject to minimum mesh size restrictions, as defined in paragraph 
(g)(1) of this section, if it obstructs the meshes of the net in any 
manner.
    (ii) A fishing vessel may not use a net capable of catching 
multispecies if the bars entering or exiting the knots twist around each 
other.
    (3) Pair trawl prohibition. No vessel may fish for NE multispecies 
while pair trawling, or possess or land NE multispecies that have been 
harvested by means of pair trawling.
    (4) Brush-sweep trawl prohibition. No vessel may fish for, possess, 
or land NE multispecies while fishing with, or while in possession of, 
brush-sweep trawl gear.

[[Page 393]]

    (5) Net strengthener restrictions when fishing for or possessing 
small-mesh multispecies. (i) Nets of mesh size less than 2.5 inches 
(6.35 cm). A vessel lawfully fishing for small-mesh multispecies in the 
GOM/GB, SNE, or MA Regulated Mesh Areas as defined in paragraphs (a), 
(b), and (c) of this section with nets of mesh size smaller than 2.5 
inches (6.35-cm), as measured by methods specified in Sec. 648.80(f), 
may use net strengtheners (covers as described at Sec. 648.23(d)) 
provided that the net strengthener for nets of mesh size smaller than 
2.5 inches (6.35 cm) complies with the provisions specified under 
Sec. 648.23(d).
    (ii) Nets of mesh size equal to or greater than 2.5 inches (6.35 cm) 
but less than 3 inches (7.62). A vessel lawfully fishing for small-mesh 
multispecies in the GOM/GB, SNE, or MA Regulated Mesh Areas as defined 
in paragraphs (a), (b), and (c) of this section with nets with mesh size 
equal to or greater than 2.5 inches (6.35 cm) but less than 3 inches 
(7.62 cm) (as measured by methods specified in Sec. 648.80(f), and as 
applied to the part of the net specified in paragraph (d)(1)(iv) of this 
section) may use a net strengthener (i.e., outside net) provided the net 
strengthener does not have an effective mesh opening of less than 6 
inches (15.24 cm), diamond or square mesh, as measured by methods 
specified in Sec. 648.80(f). The inside net (as applied to the part of 
the net specified in paragraph (d)(1)(iv) of this section) must not be 
more than 2 ft (61 cm) longer than the outside net, must be the same 
circumference or smaller than the smallest circumference of the outside 
net, and must be the same mesh configuration (i.e., both square or both 
diamond mesh) as the outside net.
    (h) Scallop vessels. (1) Except as provided in paragraph (h)(2) of 
this section, a scallop vessel that possesses a limited access scallop 
permit and either a NE 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 regulated species on board the vessel does not exceed the trip 
limits specified in Sec. 648.86, 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 restriction specified in Sec. 648.80 and may possess 
and land unlimited amounts of regulated species, unless otherwise 
restricted by Sec. 648.86. 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)(5)(i), (a)(9)(i), (b)(3), and (c)(4) of 
this section when fishing in the areas specified under paragraphs 
(a)(5), (a)(9), (b)(10), and (c)(5) of this section,

[[Page 394]]

respectively. Vessels fishing under this exemption in New York and 
Connecticut state waters and permitted to fish for skates may also 
possess and land skates in amounts not to exceed 10 percent by weight of 
all other species on board.
    (9) The vessel complies with all other applicable requirements.

[61 FR 34968, July 3, 1996]

    Editorial Note: For Federal Register citations affecting 
Sec. 648.80, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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 chart 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[m  69[deg]23[m
                                                        in]          in]
CI2...........................................  40[deg]45[m  68[deg]45[m
                                                        in]          in]
CI3...........................................  40[deg]45[m  68[deg]30[m
                                                        in]          in]
CI4...........................................  41[deg]30[m  68[deg]30[m
                                                        in]          in]
CI1...........................................  41[deg]30[m  69[deg]23[m
                                                        in]          in]
------------------------------------------------------------------------

    (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 chart 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:

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

    (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 
provisions of Sec. 648.23(b).
    (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 chart depicting this area 
are available from the Regional Administrator upon request), as defined 
by straight lines connecting the following points in the

[[Page 395]]

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[m  69[deg]00[m
                                                        in]          in]
CN1...........................................  40[deg]20[m  69[deg]00[m
                                                        in]          in]
CN2...........................................  40[deg]20[m  70[deg]20[m
                                                        in]          in]
CN3...........................................  40[deg]50[m  70[deg]20[m
                                                        in]          in]
G10...........................................  40[deg]50[m  69[deg]00[m
                                                        in]          in]
------------------------------------------------------------------------

    (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 issued by the Regional Administrator on board;
    (B) With the exception of tuna, fish harvested or possessed by the 
vessel are not sold or intended for trade, barter or sale, regardless of 
where the regulated species are caught; and
    (C) The vessel has no gear other than rod and reel or handline gear 
on board.
    (d) Transiting. A vessel may transit Closed Area I, the Nantucket 
Lightship Closed Area, the GOM Rolling Closure Areas, the Cashes Ledge 
Closure Area, the Western GOM Area Closure, and the GB Seasonal Area 
Closure, as defined in paragraphs (a)(1), (c)(1), (g)(1), (h)(1), (i)(1) 
and (n)(1), respectively, of this section, provided that its gear is 
stowed in accordance with the provisions of Sec. 648.23(b).
    (e)-(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.
    (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.
------------------------------------------------------------------------
GM3.............................  42[deg]00[min]      (\1\)
GM5.............................  42[deg]00[min]      68[deg]30[min]
GM6.............................  42[deg]30[min]      68[deg]30[min]
GM23............................  42[deg]30[min]      70[deg]00[min]
------------------------------------------------------------------------
\1\ 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.
------------------------------------------------------------------------
GM1.............................  42[deg]00[min]....  (\1\)
GM2.............................  42[deg]00[min]....  (\2\)
GM3.............................  42[deg]00[min]....  (\3\)
GM4.............................  42[deg]00[min]....  70[deg]00[min]
GM23............................  42[deg]30[min]....  70[deg]00[min]
GM6.............................  42[deg]30[min]....  68[deg]30[min]
GM14............................  43[deg]30[min]....  68[deg]30[min]
GM10............................  43[deg]30[min]....  (\4\)
------------------------------------------------------------------------
\1\ Massachusetts shoreline.

[[Page 396]]

 
\2\ Cape Cod shoreline on Cape Cod Bay.
\3\ Cape Cod shoreline on the Atlantic Ocean.
\4\ Maine shoreline.

    (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.
------------------------------------------------------------------------
GM9.............................  42[deg]30[min]....  (\1\)
GM23............................  42[deg]30[min]....  70[deg]00[min]
GM17............................  43[deg]30[min]....  70[deg]00[min]
GM19............................  43[deg]30[min]....  67[deg]32[min] or
                                                       (\2\)
GM20............................  44[deg]00[min]....  67[deg]21[min] or
                                                       (\2\)
GM21............................  44[deg]00[min]....  69[deg]00[min]
GM22............................  (\3\).............  69[deg]00[min]
------------------------------------------------------------------------
\1\ Massachusetts 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[min]....  (\1\)
GM2.............................  42[deg]00[min]....  (\2\)
GM3.............................  42[deg]00[min]....  (\3\)
GM4.............................  42[deg]00[min]....  70[deg]00[min]
GM8.............................  42[deg]30[min]....  70[deg]00[min]
GM9.............................  42[deg]30[min]....  (\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 fishing under charter/party or recreational 
regulations, provided that --
    (A) For vessels fishing under charter/party regulations in a Rolling 
Closure Area described under Sec. 648.81(g)(1), it has on board a letter 
of authorization issued by the Regional Administrator, which is valid 
from the date of enrollment through the duration of the closure or 3 
months duration, whichever is greater; For vessels fishing under 
charter/party regulations in the Cashes Ledge Closure Area or Western 
Gulf of Maine Area Closure, as described under Sec. 648.81 (h) and (i), 
respectively, it has on board a letter of authorization issued by the 
Regional Administrator, which is valid from the date of enrollment until 
the end of the fishing year.
    (B) With the exception of tuna, fish harvested or possessed by the 
vessel are not sold or intended for trade, barter or sale, regardless of 
where the regulated species are caught;
    (C) The vessel has no gear other than rod and reel or handline on 
board; and
    (D) The vessel does not use any NE multispecies DAS during the 
entire period for which the letter of authorization is valid.
    (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)(11), provided the 
vessel does not retain any regulated NE multispecies during a trip, or 
on any part of a trip.
    (v) That are fishing in the Raised Footrope Trawl Exempted Whiting 
Fishery, as specified in Sec. 648.80(a)(15), and in the GOM Rolling 
Closure Area V, as specified in paragraph (g)(1)(v) of this section.
    (h) Cashes Ledge Closure Area. (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

[[Page 397]]

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 \1\
------------------------------------------------------------------------
              Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
CL1.............................  43[deg]07[min]....  69[deg]02[min]
CL2.............................  42[deg]49.5[min]..  68[deg]46[min]
CL3.............................  42[deg]46.5[min]..  68[deg]50.5[min]
CL4.............................  42[deg]43.5[min]..  68[deg]58.5[min]
CL5.............................  42[deg]42.5[min]..  69[deg]17.5[min]
CL6.............................  42[deg]49.5[min]..  69[deg]26[min]
CL1.............................  43[deg]07[min]....  69[deg]02[min]
------------------------------------------------------------------------
\1\ A chart depicting this area is available from the Regional
  Administrator upon request (see Table 1 to Sec.  600.502 of this
  chapter).

    (2) Paragraph (h)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraphs 
(g)(2) (ii) and (iii) of this section.
    (i) Western GOM Area Closure. (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, the area known as the Western GOM Area 
Closure, 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 \1\
------------------------------------------------------------------------
              Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
WGM1............................  42[deg]15[min]....  70[deg]15[min]
WGM2............................  42[deg]15[min]....  69[deg]55[min]
WGM3............................  43[deg]15[min]....  69[deg]55[min]
WGM4............................  43[deg]15[min]....  70[deg]15[min]
WGM1............................  42[deg]15[min]....  70[deg]15[min]
------------------------------------------------------------------------
\1\ A chart depicting this area is available from the Regional
  Administrator upon request (see Table 1 to Sec.  600.502 of this
  chapter).

    (2) Paragraph (i)(1) of this section does not apply to persons on 
fishing vessels or fishing vessels that meet the criteria in paragraphs 
(g)(2) (ii) and (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[min] N.  68[deg]36.0[min]
                                                       W.
  70...........................  40[deg]07.2[min] N.  68[deg]38.4[min]
                                                       W.
  71...........................  40[deg]06.9[min] N.  68[deg]46.5[min]
                                                       W.
  73...........................  40[deg]08.1[min] N.  68[deg]51.0[min]
                                                       W.
  74...........................  40[deg]05.7[min] N.  68[deg]52.4[min]
                                                       W.
  75...........................  40[deg]03.6[min] N.  68[deg]57.2[min]
                                                       W.
  76...........................  40[deg]03.65[min]    69[deg]00.0[min]
                                  N.                   W.
  77...........................  40[deg]04.35[min]    69[deg]00.5[min]
                                  N.                   W.
  78...........................  40[deg]05.2[min] N.  69[deg]00.5[min] W
  79...........................  40[deg]05.3[min] N.  69[deg]01.1[min]
                                                       W.
  80...........................  40[deg]08.9[min] N.  69[deg]01.75[min]
                                                       W.
  81...........................  40[deg]11.0[min] N.  69[deg]03.8[min]
                                                       W.
  82...........................  40[deg]11.6[min] N.  69[deg]05.4[min]
                                                       W.
  83...........................  40[deg]10.25[min]    69[deg]04.4[min]
                                  N.                   W.
  84...........................  40[deg]09.75[min]    69[deg]04.15[min]
                                  N.                   W.
  85...........................  40[deg]08.45[min]    69[deg]03.6[min]
                                  N.                   W.
  86...........................  40[deg]05.65[min]    69[deg]03.55[min]
                                  N.                   W.
  87...........................  40[deg]04.1[min] N.  69[deg]03.9[min]
                                                       W.
  88...........................  40[deg]02.65[min]    69[deg]05.6[min]
                                  N.                   W.
  89...........................  40[deg]02.00[min]    69[deg]08.35[min]
                                  N.                   W.
  90...........................  40[deg]02.65[min]    69[deg]11.15[min]
                                  N.                   W.
  91...........................  40[deg]00.05[min]    69[deg]14.6[min]
                                  N.                   W.
  92...........................  39[deg]57.8[min] N.  69[deg]20.35[min]
                                                       W.
  93...........................  39[deg]56.65[min]    69[deg]24.4[min]
                                  N.                   W.
  94...........................  39[deg]56.1[min] N.  69[deg]26.35[min]
                                                       W.
  95...........................  39[deg]56.55[min]    69[deg]34.1[min]
                                  N.                   W.
  96...........................  39[deg]57.85[min]    69[deg]35.5[min]
                                  N.                   W.
  97...........................  40[deg]00.65[min]    69[deg]36.5[min]
                                  N.                   W.
  98...........................  40[deg]00.9[min] N.  69[deg]37.3[min]
                                                       W.
  99...........................  39[deg]59.15[min]    69[deg]37.3[min]
                                  N.                   W.
  100..........................  39[deg]58.8[min] N.  69[deg]38.45[min]
                                                       W.
  102..........................  39[deg]56.2[min] N.  69[deg]40.2[min][m
                                                       in] W.
  103..........................  39[deg]55.75[min]    69[deg]41.4[min]
                                  N.                   W.
  104..........................  39[deg]56.7[min] N.  69[deg]53.6[min]
                                                       W.
  105..........................  39[deg]57.55[min]    69[deg]54.05[min]
                                  N.                   W.
  106..........................  39[deg]57.4[min] N.  69[deg]55.9[min]
                                                       W.
  107..........................  39[deg]56.9[min] N.  69[deg]57.45[min]
                                                       W.
  108..........................  39[deg]58.25[min]    70[deg]03.0[min]
                                  N.                   W.
  110..........................  39[deg]59.2[min] N.  70[deg]04.9[min]
                                                       W.
  111..........................  40[deg]00.7[min] N.  70[deg]08.7[min]
                                                       W.
  112..........................  40[deg]03.75[min]    70[deg]10.15[min]
                                  N.                   W.
  115..........................  40[deg]05.2[min] N.  70[deg]10.9[min]
                                                       W.
  116..........................  40[deg]02.45[min]    70[deg]14.1[min]
                                  N.                   W.
  119..........................  40[deg]02.75[min]    70[deg]16.1[min]
                                  N.                   W.
to 181                           ...................
--------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 69
  120..........................  40[deg]06.4[min] N.  68[deg]35.8[min]
                                                       W.
  121..........................  40[deg]05.25[min]    68[deg]39.3[min]
                                  N.                   W.
  122..........................  40[deg]05.4[min] N.  68[deg]44.5[min]
                                                       W.
  123..........................  40[deg]06.0[min] N.  68[deg]46.5[min]
                                                       W.
  124..........................  40[deg]07.4[min] N.  68[deg]49.6[min]
                                                       W.
  125..........................  40[deg]05.55[min]    68[deg]49.8[min]
                                  N.                   W.
  126..........................  40[deg]03.9[min] N.  68[deg]51.7[min]
                                                       W.
  127..........................  40[deg]02.25[min]    68[deg]55.4[min]
                                  N.                   W.
  128..........................  40[deg]02.6[min] N.  69[deg]00.0[min]
                                                       W.
  129..........................  40[deg]02.75[min]    69[deg]00.75[min]
                                  N.                   W.
  130..........................  40[deg]04.2[min] N.  69[deg]01.75[min]
                                                       W.
  131..........................  40[deg]06.15[min]    69[deg]01.95[min]
                                  N.                   W.
  132..........................  40[deg]07.25[min]    69[deg]02.0[min]
                                  N.                   W.
  133..........................  40[deg]08.5[min] N.  69[deg]02.25[min]
                                                       W.
  134..........................  40[deg]09.2[min] N.  69[deg]02.95[min]
                                                       W.
  135..........................  40[deg]09.75[min]    69[deg]03.3[min]
                                  N.                   W.
  136..........................  40[deg]09.55[min]    69[deg]03.85[min]
                                  N.                   W.
  137..........................  40[deg]08.4[min] N.  69[deg]03.4[min]
                                                       W.
  138..........................  40[deg]07.2[min] N.  69[deg]03.3[min]
                                                       W.
  139..........................  40[deg]06.0[min] N.  69[deg]03.1[min]
                                                       W.
  140..........................  40[deg]05.4[min] N.  69[deg]03.05[min]
                                                       W.
  141..........................  40[deg]04.8[min] N.  69[deg]03.05[min]
                                                       W.

[[Page 398]]

 
  142..........................  40[deg]03.55[min]    69[deg]03.55[min]
                                  N.                   W.
  143..........................  40[deg]01.9[min] N.  69[deg]03.95[min]
                                                       W.
  144..........................  40[deg]01.0[min] N.  69[deg]04.4[min]
                                                       W.
  146..........................  39[deg]59.9[min] N.  69[deg]06.25[min]
                                                       W.
  147..........................  40[deg]00.6[min] N.  69[deg]10.05[min]
                                                       W.
  148..........................  39[deg]59.25[min]    69[deg]11.15[min]
                                  N.                   W.
  149..........................  39[deg]57.45[min]    69[deg]16.05[min]
                                  N.                   W.
  150..........................  39[deg]56.1[min] N.  69[deg]20.1[min]
                                                       W.
  151..........................  39[deg]54.6[min] N.  69[deg]25.65[min]
                                                       W.
  152..........................  39[deg]54.65[min]    69[deg]26.9[min]
                                  N.                   W.
  153..........................  39[deg]54.8[min] N.  69[deg]30.95[min]
                                                       W.
  154..........................  39[deg]54.35[min]    69[deg]33.4[min]
                                  N.                   W.
  155..........................  39[deg]55.0[min] N.  69[deg]34.9[min]
                                                       W.
  156..........................  39[deg]56.55[min]    69[deg]36.0[min]
                                  N.                   W.
  157..........................  39[deg]57.95[min]    69[deg]36.45[min]
                                  N.                   W.
  158..........................  39[deg]58.75[min]    69[deg]36.3[min]
                                  N.                   W.
  159..........................  39[deg]58.8[min] N.  69[deg]36.95[min]
                                                       W.
  160..........................  39[deg]57.95[min]    69[deg]38.1[min]
                                  N.                   W.
  161..........................  39[deg]54.5[min] N.  69[deg]38.25[min]
                                                       W.
  162..........................  39[deg]53.6[min] N.  69[deg]46.5[min]
                                                       W.
  163..........................  39[deg]54.7[min] N.  69[deg]50.0[min]
                                                       W.
  164..........................  39[deg]55.25[min]    69[deg]51.4[min]
                                  N.                   W.
  165..........................  39[deg]55.2[min] N.  69[deg]53.1[min]
                                                       W.
  166..........................  39[deg]54.85[min]    69[deg]53.9[min]
                                  N.                   W.
  167..........................  39[deg]55.7[min] N.  69[deg]54.9[min]
                                                       W.
  168..........................  39[deg]56.15[min]    69[deg]55.35[min]
                                  N.                   W.
  169..........................  39[deg]56.05[min]    69[deg]56.25[min]
                                  N.                   W.
  170..........................  39[deg]55.3[min] N.  69[deg]57.1[min]
                                                       W.
  171..........................  39[deg]54.8[min] N.  69[deg]58.6[min]
                                                       W.
  172..........................  39[deg]56.05[min]    70[deg]00.65[min]
                                  N.                   W.
  173..........................  39[deg]55.3[min] N.  70[deg]02.95[min]
                                                       W.
  174..........................  39[deg]56.9[min] N.  70[deg]11.3[min]
                                                       W.
  175..........................  39[deg]58.9[min] N.  70[deg]11.5[min]
                                                       W.
  176..........................  39[deg]59.6[min] N.  70[deg]11.1[min]
                                                       W.
  177..........................  40[deg]01.35[min]    70[deg]11.2[min]
                                  N.                   W.
  178..........................  40[deg]02.6[min] N.  70[deg]12.0[min]
                                                       W.
  179..........................  40[deg]00.4[min] N.  70[deg]12.3[min]
                                                       W.
  180..........................  39[deg]59.75[min]    70[deg]13.05[min]
                                  N.                   W.
  181..........................  39[deg]59.3[min] N.  70[deg]14.0[min]
                                                       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[min]    70[deg]16.1[min]
                                  N.                   W.
  50...........................  40[deg]00.7[min] N.  70[deg]18.6[min]
                                                       W.
  51...........................  39[deg]59.8[min] N.  70[deg]21.75[min]
                                                       W.
  52...........................  39[deg]59.75[min]    70[deg]25.5[min]
                                  N.                   W.
  53...........................  40[deg]03.85[min]    70[deg]28.75[min]
                                  N.                   W.
  54...........................  40[deg]00.55[min]    70[deg]32.1[min]
                                  N.                   W.
  55...........................  39[deg]59.15[min]    70[deg]34.45[min]
                                  N.                   W.
  56...........................  39[deg]58.9[min] N.  70[deg]38.65[min]
                                                       W.
  57...........................  40[deg]00.1[min] N.  70[deg]45.1[min]
                                                       W.
  58...........................  40[deg]00.5[min] N.  70[deg]57.6[min]
                                                       W.
  59...........................  40[deg]02.0[min] N.  71[deg]01.3[min]
                                                       W.
  60...........................  39[deg]59.3[min] N.  71[deg]18.4[min]
                                                       W.
  61...........................  40[deg]00.7[min] N.  71[deg]19.8[min]
                                                       W.
  62...........................  39[deg]57.5[min] N.  71[deg]20.6[min]
                                                       W.
  63...........................  39[deg]53.1[min] N.  71[deg]36.1[min]
                                                       W.
  64...........................  39[deg]52.6[min] N.  71[deg]40.35[min]
                                                       W.
  65...........................  39[deg]53.1[min] N.  71[deg]42.7[min]
                                                       W.
  66...........................  39[deg]46.95[min]    71[deg]49.0[min]
                                  N.                   W.
  67...........................  39[deg]41.15[min]    71[deg]57.1[min]
                                  N.                   W.
  68...........................  39[deg]35.45[min]    72[deg]02.0[min]
                                  N.                   W.
  69...........................  39[deg]32.65[min]    72[deg]06.1[min]
                                  N.                   W.
  70...........................  39[deg]29.75[min]    72[deg]09.8[min]
                                  N.                   W.
to 48                            ...................
--------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 49
  1............................  39[deg]59.3[min] N.  70[deg]14.0[min]
                                                       W.
  2............................  39[deg]58.85[min]    70[deg]15.2[min]
                                  N.                   W.
  3............................  39[deg]59.3[min] N.  70[deg]18.4[min]
                                                       W.
  4............................  39[deg]58.1[min] N.  70[deg]19.4[min]
                                                       W.
  5............................  39[deg]57.0[min] N.  70[deg]19.85[min]
                                                       W.
  6............................  39[deg]57.55[min]    70[deg]21.25[min]
                                  N.                   W.
  7............................  39[deg]57.5[min] N.  70[deg]22.8[min]
                                                       W.
  8............................  39[deg]57.1[min] N.  70[deg]25.4[min]
                                                       W.
  9............................  39[deg]57.65[min]    70[deg]27.05[min]
                                  N.                   W.
  10...........................  39[deg]58.58[min]    70[deg]27.7[min]
                                  N.                   W.
  11...........................  40[deg]00.65[min]    70[deg]28.8[min]
                                  N.                   W.
  12...........................  40[deg]02.2[min] N.  70[deg]29.15[min]
                                                       W.
  13...........................  40[deg]01.0[min] N.  70[deg]30.2[min]
                                                       W.
  14...........................  39[deg]58.58[min]    70[deg]31.85[min]
                                  N.                   W.
  15...........................  39[deg]57.05[min]    70[deg]34.35[min]
                                  N.                   W.
  16...........................  39[deg]56.42[min]    70[deg]36.8[min]
                                  N.                   W.
  21...........................  39[deg]58.15[min]    70[deg]48.0[min]
                                  N.                   W.
  24...........................  39[deg]58.3[min] N.  70[deg]51.1[min]
                                                       W.
  25...........................  39[deg]58.1[min] N.  70[deg]52.25[min]
                                                       W.
  26...........................  39[deg]58.05[min]    70[deg]53.55[min]
                                  N.                   W.
  27...........................  39[deg]58.4[min] N.  70[deg]59.6[min]
                                                       W.
  28...........................  39[deg]59.8[min] N.  71[deg]01.05[min]
                                                       W.
  29...........................  39[deg]58.2[min] N.  71[deg] 05.85[min]
                                                       W.
  30...........................  39[deg]57.45[min]    71[deg]12.15[min]
                                  N.                   W.
  31...........................  39[deg]57.2[min] N.  71[deg]15.0[min]
                                                       W.
  32...........................  39[deg]56.3[min] N.  71[deg]18.95[min]
                                                       W.
  33...........................  39[deg]51.4[min] N.  71[deg]36.1[min]
                                                       W.
  34...........................  39[deg]51.75[min]    71[deg]41.5[min]
                                  N.                   W.
  35...........................  39[deg]50.05[min]    71[deg]42.5[min]
                                  N.                   W.
  36...........................  39[deg]50.0[min] N.  71[deg]45.0[min]
                                                       W.
  37...........................  39[deg]48.95[min]    71[deg]46.05[min]
                                  N.                   W.
  38...........................  39[deg]46.6[min] N.  71[deg]46.1[min]
                                                       W.
  39...........................  39[deg]43.5[min] N.  71[deg]49.4[min]
                                                       W.
  40...........................  39[deg]41.3[min] N.  71[deg]55.0[min]
                                                       W.
  41...........................  39[deg]39.0[min] N.  71[deg]55.6[min]
                                                       W.
  42...........................  39[deg]36.72[min]    71[deg]58.25[min]
                                  N.                   W.
  43...........................  39[deg]35.15[min]    71[deg]58.55[min]
                                  N.                   W.
  44...........................  39[deg]34.5[min] N.  72[deg]00.75[min]
                                                       W.
  45...........................  39[deg]32.2[min] N.  72[deg]02.25[min]
                                                       W.
  46...........................  39[deg]32.15[min]    72[deg]04.1[min]
                                  N.                   W.
  47...........................  39[deg]28.5[min] N.  72[deg]06.5[min]
                                                       W.
  48...........................  39[deg]29.0[min] N.  72[deg]09.25[min]
                                                       W.
  to 70........................
------------------------------------------------------------------------

    (2) Duration. (i) Mobile Gear. From November 27 through June 15, no 
fishing vessel with mobile gear or person

[[Page 399]]

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[min] N.  70[deg]17.7[min]
                                                       W.
  183..........................  40[deg]06.5[min] N.  70[deg]40.05[min]
                                                       W.
  184..........................  40[deg]11.05[min]    70[deg]45.8[min]
                                  N.                   W.
  185..........................  40[deg]12.75[min]    70[deg]55.05[min]
                                  N.                   W.
  186..........................  40[deg]10.7[min] N.  71[deg]10.25[min]
                                                       W.
  187..........................  39[deg]57.9[min] N.  71[deg]28.7[min]
                                                       W.
  188..........................  39[deg]55.6[min] N.  71[deg]41.2[min]
                                                       W.
  189..........................  39[deg]55.85[min]    71[deg]45.0[min]
                                  N.                   W.
  190..........................  39[deg]53.75[min]    71[deg]52.25[min]
                                  N.                   W.
  191..........................  39[deg]47.2[min] N.  72[deg]01.6[min]
                                                       W.
  192..........................  39[deg]33.65[min]    72[deg]15.0[min]
                                  N.                   W.
to 70                            ...................
--------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
to 182
  49...........................  40[deg]02.75[min]    70[deg]16.1[min]
                                  N.                   W.
  50...........................  40[deg]00.7[min] N.  70[deg]18.6[min]
                                                       W.
  51...........................  39[deg]59.8[min] N.  70[deg]21.75[min]
                                                       W.
  52...........................  39[deg]59.75[min]    70[deg]25.5[min]
                                  N.                   W.
  53...........................  40[deg]03.85[min]    70[deg]28.75[min]
                                  N.                   W.
  54...........................  40[deg]00.55[min]    70[deg]32.1[min]
                                  N.                   W.
  55...........................  39[deg]59.15[min]    70[deg]34.45[min]
                                  N.                   W.
  56...........................  39[deg]58.9[min] N.  70[deg]38.65[min]
                                                       W.
  57...........................  40[deg]00.1[min] N.  70[deg]45.1[min]
                                                       W.
  58...........................  40[deg]00.5[min] N.  70[deg]57.6[min]
                                                       W.
  59...........................  40[deg]02.0[min] N.  71[deg]01.3[min]
                                                       W.
  60...........................  39[deg]59.3[min] N.  71[deg]18.4[min]
                                                       W.
  61...........................  40[deg]00.7[min] N.  71[deg]19.8[min]
                                                       W.
  62...........................  39[deg]57.5[min] N.  71[deg]20.6[min]
                                                       W.
  63...........................  39[deg]53.1[min] N.  71[deg]36.1[min]
                                                       W.
  64...........................  39[deg]52.6[min] N.  71[deg]40.35[min]
                                                       W.
  65...........................  39[deg]53.1[min] N.  71[deg]42.7[min]
                                                       W.
  66...........................  39[deg]46.95[min]    71[deg]49.0[min]
                                  N.                   W.
  67...........................  39[deg]41.15[min]    71[deg]57.1[min]
                                  N.                   W.
  68...........................  39[deg]35.45[min]    72[deg]02.0[min]
                                  N.                   W.
  69...........................  39[deg]32.65[min]    72[deg]06.1[min]
                                  N.                   W.
  70...........................  39[deg]29.75[min]    72[deg]09.8[min]
                                  N.                   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[min]    68[deg]40.60[min]
                                  N.                   W.
  194..........................  40[deg]11.60[min]    68[deg]53.00[min]
                                  N.                   W.
  195..........................  40[deg]14.00[min]    69[deg]04.70[min]
                                  N.                   W.
  196..........................  40[deg]14.30[min]    69[deg]05.80[min]
                                  N.                   W.
  197..........................  40[deg]05.50[min]    69[deg]09.00[min]
                                  N.                   W.
  198..........................  39[deg]57.30[min]    69[deg]25.10[min]
                                  N.                   W.
  199..........................  40[deg]00.40[min]    69[deg]35.20[min]
                                  N.                   W.
  200..........................  40[deg]01.70[min]    69[deg]35.40[min]
                                  N.                   W.
  201..........................  40[deg]01.70[min]    69[deg]37.40[min]
                                  N.                   W.
  202..........................  40[deg]00.50[min]    69[deg]38.80[min]
                                  N.                   W.
  203..........................  40[deg]01.30[min]    69[deg]45.00[min]
                                  N.                   W.
  204..........................  40[deg]02.10[min]    69[deg]45.00[min]
                                  N.                   W.
  205..........................  40[deg]07.60[min]    70[deg]04.50[min]
                                  N.                   W.
  206..........................  40[deg]07.80[min]    70[deg]09.20[min]
                                  N.                   W.
to 119                           ...................
--------------------------------
                            Offshore Boundary
------------------------------------------------------------------------
  69...........................  40[deg]07.90[min]    68[deg]36.00[min]
                                  N.                   W.
  70...........................  40[deg]07.20[min]    68[deg]38.40[min]
                                  N.                   W.
  71...........................  40[deg]06.90[min]    68[deg]46.50[min]
                                  N.                   W.
  72...........................  40[deg]08.70[min]    68[deg]49.60[min]
                                  N.                   W.
  73...........................  40[deg]08.10[min]    68[deg]51.00[min]
                                  N.                   W.
  74...........................  40[deg]05.70[min]    68[deg]52.40[min]
                                  N.                   W.
  75...........................  40[deg]03.60[min]    68[deg]57.20[min]
                                  N.                   W.
  76...........................  40[deg]03.65[min]    69[deg]00.00[min]
                                  N.                   W.
  77...........................  40[deg]04.35[min]    69[deg]00.50[min]
                                  N.                   W.
  78...........................  40[deg]05.20[min]    69[deg]00.50[min]
                                  N.                   W.
  79...........................  40[deg]05.30[min]    69[deg]01.10[min]
                                  N.                   W.
  80...........................  40[deg]08.90[min]    69[deg]01.75[min]
                                  N.                   W.
  81...........................  40[deg]11.00[min]    69[deg]03.80[min]
                                  N.                   W.
  82...........................  40[deg]11.60[min]    69[deg]05.40[min]
                                  N.                   W.
  83...........................  40[deg]10.25[min]    69[deg]04.40[min]
                                  N.                   W.
  84...........................  40[deg]09.75[min]    69[deg]04.15[min]
                                  N.                   W.
  85...........................  40[deg]08.45[min]    69[deg]03.60[min]
                                  N.                   W.
  86...........................  40[deg]05.65[min]    69[deg]03.55[min]
                                  N.                   W.
  87...........................  40[deg]04.10[min]    69[deg]03.90[min]
                                  N.                   W.
  88...........................  40[deg]02.65[min]    69[deg]05.60[min]
                                  N.                   W.
  89...........................  40[deg]02.00[min]    69[deg]08.35[min]
                                  N.                   W.
  90...........................  40[deg]02.65[min]    69[deg]11.15[min]
                                  N.                   W.
  91...........................  40[deg]00.05[min]    69[deg]14.60[min]
                                  N.                   W.
  92...........................  39[deg]57.80[min]    69[deg]20.35[min]
                                  N.                   W.
  93...........................  39.56.75[min] N.     69[deg]24.40[min]
                                                       W.
  94...........................  39[deg]56.50[min]    69[deg]26.35[min]
                                  N.                   W.
  95...........................  39.56.80[min] N.     69[deg]34.10[min]
                                                       W.
  96...........................  39[deg]57.85[min]    69[deg]35.05[min]
                                  N.                   W.
  97...........................  40[deg]00.65[min]    69[deg]36.50[min]
                                  N.                   W.
  98...........................  40[deg]00.90[min]    69[deg]37.30[min]
                                  N.                   W.
  99...........................  39[deg]59.15[min]    69[deg]37.30[min]
                                  N.                   W.
  100..........................  39[deg]58.80[min]    69[deg]38.45[min]
                                  N.                   W.
  102..........................  39[deg]56.20[min]    69[deg]40.20[min]
                                  N.                   W.
  103..........................  39[deg]55.75[min]    69[deg]41.40[min]
                                  N.                   W.
  104..........................  39[deg]56.70[min]    69[deg]53.60[min]
                                  N.                   W.
  105..........................  39[deg]57.55[min]    69[deg]54.05[min]
                                  N.                   W.
  106..........................  39[deg]57.40[min]    69[deg]55.90[min]
                                  N.                   W.

[[Page 400]]

 
  107..........................  39[deg]56.90[min]    69[deg]57.45[min]
                                  N.                   W.
  108..........................  39[deg]58.25[min]    70[deg]03.00[min]
                                  N.                   W.
  110..........................  39[deg]59.20[min]    70[deg]04.90[min]
                                  N.                   W.
  111..........................  40[deg]00.70[min]    70[deg]08.70[min]
                                  N.                   W.
  112..........................  40[deg]03.75[min]    70[deg]10.15[min]
                                  N.                   W.
  115..........................  40[deg]05.20[min]    70[deg]10.90[min]
                                  N.                   W.
  116..........................  40[deg]02.45[min]    70[deg]14.1[min]
                                  N.                   W.
  119..........................  40[deg]02.75[min]    70[deg]16.1[min]
                                  N.                   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.
    (n) GB Seasonal Closure Area. (1) From May 1 through May 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 the area known as the GB 
Seasonal Closure Area, as defined by the straight lines connecting the 
following points in the order stated, except as specified in paragraphs 
(d) and (n)(2) of this section:

                   Georges Bank Seasonal Closure Areas
                             [May 1-May 31]
------------------------------------------------------------------------
              Point                     N. Lat.            W. Long.
------------------------------------------------------------------------
GB1.............................  42[deg]00[min]....  (\1\)
GB2.............................  42[deg]00[min]....  68[deg]30[min]
GB3.............................  42[deg]20[min]....  68[deg]30[min]
GB4.............................  42[deg]20[min]....  67[deg]20[min]
GB5.............................  41[deg]30[min]....  67[deg]20[min]
CI1.............................  41[deg]30[min]....  69[deg]23[min]
CI2.............................  40[deg]45[min]....  68[deg]45[min]
CI3.............................  40[deg]45[min]....  68[deg]30[min]
GB6.............................  40[deg]30[min]....  68[deg]30[min]
GB7.............................  40[deg]30[min]....  69[deg]00[min]
G10.............................  40[deg]50[min]....  69[deg]00[min]
GB8.............................  40[deg]50[min]....  69[deg]30[min]
GB9.............................  41[deg]00[min]....  69[deg]30[min]
GB10............................  41[deg]00[min]....  70[deg]00[min]
G12.............................  (\1\).............  70[deg]00[min]
------------------------------------------------------------------------
\1\ Northward to its intersection with the shoreline of Mainland
  Massachusetts.

    (2) Paragraph (n)(1) of this section does not apply to persons on 
fishing vessels or to fishing vessels:
    (i) That meet the criteria in paragraphs (g)(2) (i) or (ii) of this 
section;
    (ii) That are fishing as charter/party or recreational vessels; or
    (iii) 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)(11), 
provided the vessel uses an 8-inch (20.3-cm) twine top and complies with 
the NE multispecies possession restrictions for scallop vessels 
specified at Sec. 648.80(h).
    (o) Conditional Cashes Ledge & Gulf of Maine Rolling Closure Areas. 
(1) If the Regional Administrator determines that at least 50 percent of 
the average between the F0.1 target TAC and the 
Fmax target (an amount equal to 1.67 million lb (759 mt) for 
the 2000 - 2001 fishing year) has been landed as of, or before, July 31 
of each year, NMFS, through a timely notification action in the Federal 
Register, shall implement the following closures:
    (i) Cashes Ledge Closure Area. From November 1 through November 30, 
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 described in 
Sec. 648.81(h)(1), except as provided in Sec. 648.81(h)(2); and
    (ii) Rolling Closure Area VI. From January 1 through January 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 Rolling Closure Area VI, as described in 
Sec. 648.81(g)(1)(vi), except as provided in Sec. 648.81(g)(2).

[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; 65 FR 379, 
Jan. 5, 2000; 65 FR 21665, Apr. 24, 2000; 65 FR 37915, June 19, 2000; 65 
FR 49946, Aug. 16, 2000; 66 FR 24060, May 11, 2001; 67 FR 38609, June 5, 
2002; 67 FR 50316, Aug. 1, 2002; 68 FR 14348, Mar. 25, 2003; 68 FR 
38245, June 27, 2003]



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

    (a) Except as provided in Secs. 648.17 and 648.82(a)(2), a vessel 
issued a limited access multispecies permit may not fish

[[Page 401]]

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) Notwithstanding any other provision of this part, any vessel 
issued a multispecies limited access permit may not call into the DAS 
program or fish under a DAS, if such vessel carries passengers for hire 
for any portion of a fishing trip.
    (b) DAS program--permit categories and allocations. All limited 
access NE multispecies permit holders shall be assigned to one of the 
following DAS permit categories according to the criteria specified. For 
the fishing year 2002 only, permit holders that may request a change in 
permit category, as specified in Sec. 648.4(a)(1)(i)(I)(2), and that 
were issued a limited access permit prior to August 1, 2002, may request 
a change in permit category one time prior to either August 31, or 
within 45 days of permit issuance, whichever date is later. For the 
fishing year 2003 permit holders may request a change in permit category 
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. Beginning 
August 1, 2002, with the exception of the Small Vessel category 
described in paragraph (b)(3) of this section, NE multispecies DAS 
available for use will be calculated as described below.
    (1) Individual DAS category--DAS allocation. Beginning August 1, 
2002, for a vessel fishing under the Individual DAS category, NE 
multispecies DAS available for use for the May 1, 2002, through April 
30, 2003, fishing year, and for the next fishing year, will be 
calculated based upon the fishing history associated with the vessel's 
permit, as described in paragraph (l)(1) of this section, as reduced as 
specified in paragraph (l)(2) of this section.
    (2) Fleet DAS category--DAS allocation. Beginning August 1, 2002, 
for a vessel fishing under the Fleet DAS category, NE multispecies DAS 
available for use for the May 1, 2002, through April 30, 2003, fishing 
year, and for the next fishing year, will be calculated based upon the 
fishing history associated with the vessel's permit, as described in 
paragraph (l)(1) of this section, as reduced as specified in paragraph 
(l)(2) of this section.
    (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, 
and one Atlantic halibut per trip, without being subject to DAS 
restrictions, provided the vessel does not exceed the yellowtail 
flounder possession restrictions specified under Sec. 648.86(h). Such a 
vessel is not subject to a possession limit for other NE multispecies. 
Any vessel may elect to switch into this category, as provided in 
Sec. 648.4(a)(1)(i)(I)(2), if such vessel meets or complies with the 
following:
    (ii) The vessel is 30 ft (9.1 m) or less in length overall as 
determined by measuring along a horizontal line drawn from a 
perpendicular raised from the outside of the most forward portion of the 
stem of the vessel to a perpendicular raised from the after most portion 
of the stern.
    (iii) 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.
    (iv) 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 NE multispecies permit.

[[Page 402]]

    (v) 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--DAS allocation. Beginning August 1, 2002, 
for a vessel fishing under the Hook-gear category, NE multispecies DAS 
available for use for the May 1, 2002, through April 30, 2003, fishing 
year, and for the next fishing year, will be calculated based upon the 
fishing history associated with the vessel's permit, as described in 
paragraph (l)(1) of this section, as reduced as specified in paragraph 
(l)(2) of this section. A vessel fishing under this category in the DAS 
program must meet or comply with the gear restrictions specified under 
Sec. 648.80(a)(3)(vii), (a)(4)(ii), (b)(2)(v) and (c)(2)(iv) when 
fishing in the respective regulated mesh areas.
    (5) Combination vessel category--DAS allocation. Beginning August 1, 
2002, for a vessel fishing under the Combination Vessel category, NE 
multispecies DAS available for use for the May 1, 2002, through April 
30, 2003, fishing year, and for the next fishing year, will be 
calculated based upon the fishing history associated with the vessel's 
permit, as described in paragraph (l)(1) of this section, as reduced as 
specified in paragraph (l)(2) of this section.
    (6) Large Mesh Individual DAS category--DAS allocation. Beginning 
August 1, 2002, for a vessel fishing under the Large Mesh Individual DAS 
category, NE multispecies DAS available for use for the May 1, 2002, 
through April 30, 2003, fishing year, and for the next fishing year, 
will be calculated based upon the fishing history associated with the 
vessel's permit, as described in paragraph (l)(1) of this section, as 
reduced as specified in paragraph (l)(2) of this section, and then 
increased by 36 percent. To be eligible to fish under the Large Mesh 
Individual DAS category, a vessel, while fishing under this category, 
must fish under the specific regulated mesh area minimum mesh size 
restrictions, as specified in paragraphs (a)(3)(iii), (a)(4)(iii), 
(b)(2)(iii) and (c)(2)(ii) of this section.
    (7) Large Mesh Fleet DAS category--DAS allocation. Beginning August 
1, 2002, for a vessel fishing under the Large Mesh Fleet DAS category, 
NE multispecies DAS available for use for the May 1, 2002, through April 
30, 2003, fishing year, and for the next fishing year, will be 
calculated based upon the fishing history associated with the vessel's 
permit, as described in paragraph (l)(1) of this section, as reduced as 
specified in paragraph (l)(2) of this section, and then increased by 36 
percent. To be eligible to fish under the Large Mesh Fleet DAS category, 
a vessel, while fishing under this category, must fish under the 
specific regulated mesh area minimum mesh size restrictions, as 
specified in paragraphs (a)(3)(iii), (a)(4)(iii), (b)(2)(iii) and 
(c)(2)(ii) of this section.
    (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

[[Page 403]]

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 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

[[Page 404]]

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. Beginning August 1, 2002, vessels issued a 
limited access NE multispecies permit and fishing under a NE 
multispecies DAS with gillnet gear must obtain an annual designation as 
either a Day or Trip gillnet vessel as described in 
Sec. 648.4(c)(2)(iii).
    (1) Day gillnet vessels. A Day gillnet vessel fishing with gillnet 
gear under a multispecies DAS is not required to remove gear from the 
water upon returning to the dock and calling-out of the DAS program, 
provided the vessel complies with the restrictions specified in 
paragraphs (k)(1)(i) through (v) of this section. Vessels electing to 
fish under the Day gillnet designation must have on board written 
confirmation issued by the Regional Administrator, that the vessel is a 
Day gillnet vessel.
    (i) Number and size of nets. Vessels may not fish with, haul, 
possess, or deploy more than the number of nets specified in paragraphs 
(k)(1)(i)(A) through (D) of this section, when fishing in the respective 
regulated mesh areas, provided the nets are tagged in accordance with 
paragraph (k)(1)(ii) of this section, unless otherwise specified in this 
paragraph. Such vessels, in accordance with Sec. 648.23(b), may stow 
additional nets not to exceed 160, counting deployed nets. Nets may not 
be longer than 300 ft (91.4 m), or 50 fathoms, in length.
    (A) A Day gillnet vessel fishing under a NE multispecies DAS and 
fishing in the GOM Regulated Mesh Area, as described in 
Sec. 648.80(a)(1), may not fish with, haul, possess, or deploy more than 
50 roundfish gillnets or 100 flatfish gillnets, except as provided in 
Sec. 648.92(b)(8)(i). Vessels may fish any combination of roundfish and 
flatfish gillnets up to 100 nets, provided that the number of roundfish 
and flatfish gillnets does not exceed the limitations specified in this 
paragraph (k)(1)(i)(A).
    (B) A Day gillnet vessel fishing under a NE multispecies DAS and 
fishing in the GB Regulated Mesh Area as described in Sec. 648.80(a)(2), 
may not fish with, haul, possess, or deploy more than 50 nets, except as 
provided in Sec. 648.92(b)(8)(i). Vessels may fish any combination of 
roundfish and flatfish gillnets, up to 50 nets.
    (C) A Day gillnet vessel fishing under a NE multispecies DAS and 
fishing in the SNE Regulated Mesh Area as described in 
Sec. 648.80(b)(1), may not fish with, haul, possess, or deploy more than 
75 nets, except as provided in Sec. 648.92(b)(8)(i). Vessels may fish 
any combination of roundfish and flatfish gillnets, up to 75 nets.
    (D) A Day gillnet vessel fishing under a NE multispecies DAS and 
fishing in the Mid-Atlantic Regulated Mesh Area, as described in 
Sec. 648.80(c)(1), 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 paragraph (k)(1)(i)(D).
    (ii) Tagging requirements. When fishing under a NE multispecies DAS, 
all gillnets fished, hauled, possessed, or deployed by a vessel in the 
Day gillnet category, must be tagged according to the provisions 
specified in paragraphs (k)(1)(ii)(A) through (D) of this section, when 
fishing in the respective regulated mesh areas, or as otherwise 
specified under Sec. 648.92(b)(8)(ii). Tags must be obtained as 
described in Sec. 648.4(c)(2)(iii), and vessels must have on board 
written confirmation issued

[[Page 405]]

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. A vessel may have tags on board in 
excess of the number of tags corresponding to the allowable number of 
nets, provided such tags are onboard the vessel and can be made 
available for inspection.
    (A) When fishing in the GOM Regulated Mesh Area, roundfish nets must 
be tagged with two tags per net, with one tag secured to each bridle of 
every net, within a string of nets, and flatfish nets must have one tag 
per net, with one tag secured to every other bridle of every net within 
a string of nets.
    (B) When fishing in the Mid-Atlantic Regulated Mesh Area, roundfish 
gillnets must be tagged with two tags per net, with one tag secured to 
each bridle of every net, within a string of nets, and flatfish gillnets 
must be tagged with one tag per net, with one tag secured to every other 
bridle of every net within a string of nets.
    (C) When fishing in the GB Regulated Mesh Area, roundfish or 
flatfish gillnets must be tagged with 2 tags per net, with one tag 
secured to each bridle of every net, within a string of nets.
    (D) When fishing in the SNE Regulated Mesh Area, roundfish or 
flatfish gillnets must be tagged with 2 tags per net, with one tag 
secured to each bridle of every net within a string of nets.
    (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. 648.23(b), 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.
    (2) Trip gillnet vessels. When fishing under a NE multispecies DAS, 
a Trip gillnet vessel is required to remove all gillnet gear from the 
water before calling out of a NE multispecies DAS under 
Sec. 648.10(c)(3), and must comply with the restrictions specified in 
paragraphs (k)(2)(i) and (ii) of this section. When not fishing under a 
NE 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.
    (i) Number and size of nets. Vessels may not fish with, haul, 
possess, or deploy more than the number of nets specified in paragraphs 
(k)(2)(i)(A) through (D) of this section, when fishing in the respective 
regulated mesh areas, provided the nets are tagged in accordance with 
paragraph (k)(1)(ii) of this section, unless otherwise specified in this 
paragraph. Such vessels, in accordance with Sec. 648.23(b), may stow 
nets

[[Page 406]]

in excess of the number specified in paragraph (k)(2)(i)(A) through (C). 
Nets may not be longer than 300 ft (91.4 m), or 50 fathoms, in length.
    (A) A Trip gillnet vessel fishing under a NE multispecies DAS and 
fishing in the GOM Regulated Mesh Area, as described in 
Sec. 648.80(a)(1), may not fish with, haul, possess, or deploy more than 
150 gillnets, except as provided in Sec. 648.92(b)(8)(i). Vessels may 
fish any combination of roundfish and flatfish gillnets up to 150 nets.
    (B) A Trip gillnet vessel fishing under a NE multispecies DAS and 
fishing in the GB Regulated Mesh Area as described in Sec. 648.80(a)(2), 
may not fish with, haul, possess, or deploy more than 50 nets, except as 
provided in Sec. 648.92(b)(8)(i). Vessels may fish any combination of 
roundfish and flatfish gillnets, up to 50 nets.
    (C) A Trip gillnet vessel fishing under a NE multispecies DAS and 
fishing in the SNE Regulated Mesh Area as described in 
Sec. 648.80(b)(1), may not fish with, haul, possess, or deploy more than 
75 nets, except as provided in Sec. 648.92(b)(8)(i). Vessels may fish 
any combination of roundfish and flatfish gillnets, up to 75 nets.
    (D) A Trip gillnet vessel fishing under a NE multispecies DAS and 
fishing in the Mid-Atlantic Regulated Mesh Area is not subject to a 
restrictions on number of allowable nets.
    (ii) Tagging requirements. When fishing under a NE multispecies DAS, 
all gillnets fished, hauled, possessed, or deployed by a vessel in the 
Trip gillnet category, must be tagged according to the provisions 
specified in paragraphs (k)(2)(ii)(A) through (C) of this section, when 
fishing in the respective regulated mesh areas, or as otherwise 
specified under Sec. 648.92(b)(8)(ii) or under paragraph (k)(2)(ii)(D) 
of this section. 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 Trip gillnet vessel. The vessel operator must produce all 
net tags upon request by an authorized officer. A vessel may have tags 
on board in excess of the number of tags corresponding to the allowable 
number of nets, provided such tags are on board the vessel and can be 
made available for inspection.
    (A) When fishing in the GOM Regulated Mesh Area, roundfish or 
flatfish nets must be tagged with one tag per net, secured to every 
other bridle of every net within a string of nets.
    (B) When fishing in the GB Regulated Mesh Area, roundfish or 
flatfish gillnets must be tagged with 2 tags per net, with one tag 
secured to each bridle of every net, within a string of nets.
    (C) When fishing in the SNE Regulated Mesh Area, roundfish or 
flatfish gillnets must be tagged with 2 tags per net, with one tag 
secured to each bridle of every net within a string of nets.
    (D) When fishing in the Mid-Atlantic Regulated Mesh Area, gillnets 
are not required to be tagged.
    (3) 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.
    (4) 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.
    (5) Removal of nets from the water. Gillnets must be removed from 
the water when the vessel's annual NE multispecies DAS allocation has 
been used.
    (l) Used DAS baseline and DAS reduction--(1) Used DAS baseline. For 
all valid limited access NE multispecies permits and NE multispecies 
confirmation of permit histories (CPH), beginning with the 2002 fishing 
year, a vessel's used DAS baseline will be based on the fishing history 
associated with its permit and will be determined by the highest number 
of DAS fished during a single fishing year, as specified in paragraphs 
(l)(1)(i) through (iv) of this section, during the 5-year period from 
May 1, 1996, through April 30, 2001, not to exceed the vessel's annual 
allocation prior to August 1, 2002. If the highest number of DAS fished 
under such permit during a single fishing year is less than 10 DAS, the 
used DAS baseline

[[Page 407]]

will be 10 DAS. If a vessel that was originally issued a limited access 
NE multispecies permit was lawfully replaced in accordance with the 
replacement restrictions specified in section Sec. 648.4(a), then the 
used DAS baseline will be defined based upon the DAS used by the 
original vessel and by subsequent vessel(s) associated with the permit 
during the 5-year period specified above.
    (i) Except as provided in paragraphs (l)(1)(ii) through (iv) of this 
section, historic DAS use will be determined as specified under the DAS 
notification requirements in Sec. 648.10.
    (ii) For a vessel exempt from or not subject to the DAS notification 
system, specified in Sec. 648.10, during the period May 1996 through 
June 1996, the vessel's used DAS baseline for that period will be 
defined based on the vessel's DAS use, calculated from vessel trip 
reports submitted to NMFS prior to April 9, 2002.
    (iii) For a vessel enrolled in a Large Mesh DAS category, as 
specified in Sec. 648.82(b)(6) and (7), calculation of the used DAS 
baseline will be determined based on the highest number of DAS fished 
during a single fishing year during the 1996 through 2000 fishing years, 
from May 1, 1996, through April 30, 2001, not to exceed the vessel's 
allocation in any given year. That is, the used DAS baseline shall not 
be based on additional DAS the vessel fished under the Large Mesh DAS 
category.
    (iv) For vessels fishing under the Day gillnet designation, as 
specified under Sec. 648.82(k)(1), used DAS, beginning on May 1, 1997 
(implementation of differential DAS accounting for gillnet vessels, 
i.e., Framework Adjustment 20), for trips greater than 3 hours but less 
than or equal to 15 hours, will be counted as 15 hours. Trips less than 
or equal to 3 hours, or greater than 15 hours, will be counted as actual 
time.
    (2) DAS reduction. For fishing years beginning May 1, 2002, and May 
1, 2003, a NE multispecies DAS vessel, unless otherwise specified in 
paragraph (l)(2) of this section, shall be allocated 80 percent of its 
DAS baseline specified under paragraph (l)(1) of this section. An 
additional 36 percent will be subsequently added and available for use 
for participants in the Large Mesh DAS categories, as described at 
Sec. 648.80(b)(6) and (7), provided the participants comply with the 
applicable gear restrictions.
    (i) NE multispecies DAS fished by a vessel during the period May 1, 
2002, through July 31, 2002, will be deducted from the DAS available for 
use for the 2002 fishing year, as calculated under Sec. 648.80(l)(2).
    (ii) For vessels fishing under the Day gillnet designation, as 
specified in Sec. 648.82(k)(1), NE multispecies DAS for the period May 
1, 2002, through July 31, 2002, for trips greater than 3 hours, but less 
than or equal to 15 hours, will be counted as 15 hours. Trips less than 
or equal to 3 hours, or greater than 15 hours, will be counted as actual 
time.
    (iii) For vessels fishing with gear other than gillnet gear, NE 
multispecies DAS used for the period May 1, 2002, through July 31, 2002, 
will be counted as actual time.
    (iv) Beginning on August 1, 2002, if the number of DAS used by a 
vessel during the May 1 through July 31, 2002, period equals or exceeds 
the number of DAS available for use calculated by NMFS as described in 
this section, the number of DAS available for use for the remainder of 
the 2002 fishing year will be zero, unless the vessel has available 
carry-over days from the previous fishing year, as specified under 
paragraph (a)(1) of this section.
    (3) Correction of used DAS baseline. (i) A vessel's used DAS 
baseline as determined under paragraph (l)(1) of this section, may be 
corrected, if a mistake has been made, by submitting a written request 
to correct the DAS baseline. The request to correct must be received by 
the Regional Administrator no later than August 31, 2002. The request to 
correct must be in writing and provide credible evidence that the 
information used by the Regional Administrator in making the 
determination of the vessel's DAS baseline was based on mistaken or 
incorrect data. The decision on whether to correct the DAS baseline 
shall be determined solely on the basis of written information 
submitted, unless the Regional Administrator specifies otherwise. The 
Regional Administrator's decision on whether to correct the DAS baseline 
is

[[Page 408]]

the final decision of the Department of Commerce.
    (ii) Status of vessel's pending request for a correction of used DAS 
baseline. While a vessel's request for a correction is under 
consideration, the vessel is limited to fishing with the number of DAS 
in accordance with Sec. 648.82(l).

[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; 65 FR 379, Jan. 5, 2000; 
65 FR 21666, Apr. 24, 2000; 65 FR 37915, June 19, 2000; 67 FR 50318, 
Aug. 1, 2002]



Sec. 648.83  Multispecies 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, determined by total length (TL):

             Minimum Fish Sizes (TL) for Commercial Vessels
------------------------------------------------------------------------
                        Species                           Sizes (inches)
------------------------------------------------------------------------
Cod....................................................     22 (55.9 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)
Atlantic halibut.......................................     36 (91.4 cm)
Winter flounder (blackback)............................     12 (30.5 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; 64 FR 55827, Oct. 15, 1999; 67 FR 50320, Aug. 1, 2002]



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 or monkfish, must have the name of the

[[Page 409]]

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

[61 FR 34968, July 3, 1996, as amended at 64 FR 54747, Oct. 7, 1999]



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,

[[Page 410]]

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.



Sec. 648.86  Multispecies possession restrictions.

    Except as provided in Sec. 648.17, the following possession 
restrictions apply:
    (a) Haddock--(1) NE multispecies DAS vessels. (i) From May 1 through 
September 30, except as provided in paragraph (a)(1)(iii) of this 
section, a vessel that fishes under a NE multispecies DAS may land up to 
3,000 lb (1,360.8 kg) of haddock per DAS fished, or any part of a DAS 
fished, up to 30,000 lb (13,608 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) From October 1 through April 30, except as provided in 
paragraph (a)(1)(iii) of this section, a vessel that fishes under a NE 
multispecies DAS may land up to 5,000 lb (2,268 kg) of haddock per DAS 
fished, or any part of a DAS fished, up to 50,000 lb (22,680 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.
    (iii) Adjustments--(A) Adjustment to haddock trip limit to prevent 
exceeding target TAC. At any time during the fishing year, if the 
Regional Administrator projects that the target TAC for haddock (6,252 
mt for 2000-2001 fishing year) will be exceeded, NMFS may adjust, 
through publication of a notification in the Federal Register, the trip 
limit per DAS and/or the maximum trip limit to an amount that the 
Regional Administrator determines will prevent exceeding the target TAC.
    (B) Adjustment of the haddock trip limit to allow harvesting up to 
75 percent of target TAC. At any time during the fishing year, if the 
Regional Administrator projects that less than 75 per cent of the target 
TAC for haddock (4,689 mt for 2000-2001 fishing year) will be harvested 
by the end of the fishing year, NMFS may adjust, through publication of 
a notification in the Federal Register, the trip limit per DAS and/or 
the maximum trip limit to an amount that is determined to be sufficient 
to allow harvesting of at least 75 percent of the target TAC, but not to 
exceed the target TAC.
    (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) Unless otherwise authorized by the Regional Administrator as 
specified in paragraph (f) of this section, 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, except as specified in 
Sec. 648.88(c), 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 paragraph (b)(1)(ii) and (b)(4) of this section, and subject to the 
call-in provision specified in Sec. 648.10(f)(3)(i), a vessel fishing 
under a NE multispecies DAS may land only up to 500 lb (272.3 kg) of cod 
during the first 24-hr 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 11 a.m. and land up to 500 lb (272.3 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 hr, a 
vessel may land up to an

[[Page 411]]

additional 500 lb (272.2 kg) for each additional 24-hr block of DAS 
fished, or part of an additional 24-hr block of DAS fished, up to a 
maximum of 4,000 lb (1,818.2 kg) per trip (e.g., a vessel that has been 
called into the DAS program for more than 24 hr, but less than 48 hr, 
may land up to, but no more than 1,000 lb (454.5 kg) of cod). A vessel 
that has been called into only part of an additional 24-hr block of a 
DAS (e.g. a vessel that has been called into the DAS program for more 
than 24 hr but less than 48 hr) may land up to an additional 500 lb 
(272.2 kg) of cod for that trip provided the vessel complies with 
Sec. 648.86(b)(1)(ii). 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, unless transiting as allowed in paragraph (b)(3) of 
this section, until the rest of the additional 24-hr 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 hr, at 
the time of landing, may land only up to 1000 lb (454.5 kg) of cod, 
provided the vessel does not call out of the DAS program or leave port 
until 48 hr have elapsed from the beginning of the trip).
    (B) [Reserved]
    (2) Georges Bank Cod Landing and Maximum Possession Limits. (i) For 
each fishing year, a vessel that is exempt from the landing limit 
described in paragraph (b)(1) of this section and fishing under a NE 
multispecies DAS may land up to 2,000 lb (907.2 kg) of cod during the 
first 24-hr 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 11 a.m. and land up to 2,000 lb (907.2 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 hr, a vessel 
may land up to an additional 2,000 lb (907.2 kg) for each additional 24-
hr block of DAS fished, or part of an additional 24-hr block of DAS 
fished, up to a maximum of 20,000 lb (9,071.8 kg) per trip (e.g., a 
vessel that has been called into the DAS program for 48 hr or less, but 
more than 24 hr, may land up to, but no more than 4,000 lb (1,814.4 kg) 
of cod). A vessel that has called into only part of an additional 24-hr 
block of a DAS (e.g., a vessel that has called into the DAS program for 
more than 24 hr, but less than 48 hr) may land up to an additional 2,000 
lb (907.2 kg) of cod for that trip of cod for that trip provided the 
vessel complies with 648.86(b)(2)(ii). 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 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, unless transiting as allowed in paragraph (b)(3) of 
this section, until the rest of the additional 24-hr 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 hr, at 
the time of landing, may land only up to 4,000 lb (1,814.4 kg) of cod, 
provided the vessel does not call out of the DAS program or leave port 
until 48 hr have elapsed from the beginning of the trip).
    (B) [Reserved]
    (3) Transiting. A vessel that has exceeded the cod landing limit as 
specified in paragraphs (b)(1) and (2) of this section, and is, 
therefore, subject to the requirement to remain in port for the period 
of time described in paragraphs (b)(1)(ii)(A) and (b)(2)(ii)(A) of

[[Page 412]]

this section, may transit to another port during this time, provided 
that the vessel operator notifies the Regional Administrator 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. 648.23(b) 
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. 648.23(b).
    (c) Atlantic halibut. A vessel issued a NE multispecies permit under 
Sec. 648.4(a)(1) may land or possess on board no more than one Atlantic 
halibut per trip, provided the vessel complies with other applicable 
provisions of this part.
    (d) Small-mesh multispecies through April 30, 2003. (1) Vessels 
issued a valid Federal multispecies permit specified under 
Sec. 648.4(a)(1) are subject to the following possession limits for 
small-mesh multispecies, which are based on the mesh size used by or on 
board vessels fishing for, in possession of, or landing small-mesh 
multispecies.
    (i) Vessels using mesh size smaller than 2.5 in (6.35 cm) and 
vessels without a letter of authorization. Owners or operators of 
vessels fishing for, in possession of, or landing small-mesh 
multispecies with, or having on board except as provided herein, nets of 
mesh size smaller than 2.5 in (6.35 cm) (as applied to the part of the 
net specified at (d)(1)(iv) of this section), and, vessels that have not 
been issued a letter of authorization pursuant to paragraph (d)(1)(ii) 
or (d)(1)(iii) of this section may possess on board and land up to only 
3,500 lb (1,588 kg) of combined silver hake and offshore hake. This 
possession limit on small-mesh multispecies does not apply if all nets 
with mesh size smaller than 2.5 in (6.35 cm) have not been used to catch 
fish for the entire fishing trip and the nets have been properly stowed 
pursuant to Sec. 648.23(b), and the vessel is fishing with a mesh size 
and a letter of authorization as specified in paragraphs (d)(1)(ii), 
(d)(1)(iii) and (d)(2) of this section. Silver hake and offshore hake 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. The vessel is subject to applicable restrictions on gear, 
area, and time of fishing specified in Sec. 648.80 and any other 
applicable provision of this part.
    (ii) Vessels authorized to use nets of mesh size 2.5 in (6.35 cm) or 
greater. Except as provided in paragraph (d)(3) of this section, owners 
and operators of vessels issued a valid letter of authorization pursuant 
to paragraph (d)(2) of this section authorizing the use of nets of mesh 
size 2.5 in (6.35 cm) or greater, may fish for, possess, and land small-
mesh multispecies up to only 7,500 lb (3,402 kg) combined silver hake 
and offshore hake when fishing with nets of a minimum mesh size of 2.5 
in (6.35 cm) (as applied to the part of the net specified in (d)(1)(iv) 
of this section), provided that any nets of mesh size smaller than 2.5 
in (6.35 cm) have not been used to catch such fish and are properly 
stowed pursuant to Sec. 648.23(b) for the entire trip. Silver hake and 
offshore hake 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. The vessel is subject to applicable

[[Page 413]]

restrictions on gear, area, and time of fishing specified in Sec. 648.80 
and any other applicable provision of this part.
    (iii) Vessels authorized to use nets of mesh size 3 in (7.62 cm) or 
greater. Except as provided in paragraph (d)(3) of this section, owners 
and operators of vessels issued a valid letter of authorization pursuant 
to paragraph (d)(2) of this section authorizing the use of nets of mesh 
size 3 in (7.62 cm) or greater, may fish for, possess, and land small-
mesh multispecies up to only 30,000 lb (13,608 kg) combined silver hake 
and offshore hake when fishing with nets of a minimum mesh size of 3 in 
(7.62 cm) (as applied to the part of the net specified in (d)(1)(iv) of 
this section), provided that any nets of mesh size smaller than 3 in 
(7.62 cm) have not been used to catch such fish and are properly stowed 
pursuant to Sec. 648.23(b) for the entire trip. Silver hake and offshore 
hake 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. The vessel is subject to applicable 
restrictions on gear, area, and time of fishing specified in Sec. 648.80 
and any other applicable provision of this part.
    (iv) Application of mesh size. Counting from the terminus of the 
net, the mesh size restrictions specified in paragraphs (d)(1)(i),(ii) 
and (iii) of this section are only applicable to the first 100 meshes 
(200 bars in the case of square mesh) for vessels greater than 60 ft 
(18.28 m) in length, and to the first 50 meshes (100 bars in the case of 
square mesh) for vessels 60 ft (18.28 m) or less in length. 
Notwithstanding any other provision of this section, the restrictions 
and conditions pertaining to mesh size do not apply to nets or pieces of 
net smaller than 3 ft (0.9 m) x 3 ft (0.9 m), (9 sq ft (0.81 sq m)).
    (2) Possession limit for vessels participating in the northern 
shrimp fishery. Owners and operators of vessels participating in the 
Small-Mesh Northern Shrimp Fishery Exemption Area, as described in 
Sec. 648.80(a)(3) with a vessel issued a valid Federal multispecies 
permit specified under Sec. 648.4(a)(1) may possess and land silver hake 
and offshore hake, combined, up to an amount equal to the weight of 
shrimp on board, not to exceed 3,500 lb (1,588 kg). Silver hake and 
offshore hake 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.
    (3) Possession restriction for vessels electing to transfer small-
mesh multispecies at sea. Owners and operators of vessels issued a valid 
Federal multispecies permit and issued a letter of authorization to 
transfer small-mesh multispecies at sea according to the provisions 
specified in Sec. 648.13(b) are subject to a combined silver hake and 
offshore hake possession limit that is 500 lb (226.8 kg) less than the 
possession limit the vessel otherwise receives. This deduction shall be 
noted on the transferring vessel's letter of authorization from the 
Regional Administrator.
    (e) Small-mesh multispecies beginning on May 1, 2003--(1) Federal 
multispecies permit holders. An owner or operator of a vessel issued a 
valid Federal multispecies permit specified under Sec. 648.4 (a)(1) may 
possess on board or land up to 10,000 lb (4,536 kg) of combined silver 
hake and offshore hake. Silver hake and offshore hake 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. The vessel 
is subject to restrictions on gear, area, and time of fishing specified 
in Sec. 648.80 and any other applicable provision of this part.
    (2) Possession limit for vessels participating in the Northern 
shrimp fishery. Owners or operators of vessels fishing in the Small-mesh 
Northern Shrimp Fishery Exemption Area under the exemption described in 
Sec. 648.80(a)(3), with a vessel issued a valid Federal multispecies 
permit specified under Sec. 648.4(a)(1), may possess on board or land 
silver hake and offshore hake, combined, up to 100 lb (45.36 kg). Silver 
hake and offshore hake 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.
    (3) Possession restriction for vessels electing to transfer small-
mesh multispecies at sea. Vessels issued a valid Federal multispecies 
permit and issued a letter of authorization to transfer small-mesh 
multispecies at sea according to the provisions specified in

[[Page 414]]

Sec. 648.13(b) are subject to a combined silver hake and offshore hake 
possession limit that is 500 lb (226.9 kg) less than the possession 
limit the vessel otherwise receives. This deduction shall be noted on 
the transferring vessel's letter of authorization from the Regional 
Administrator.
    (f) 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.
    (g) Other possession restrictions. Vessels are subject to any other 
applicable possession limit restrictions of this part.
    (h) Yellowtail Flounder--(1) Yellowtail flounder possession limit 
north of 40[deg]00[min] N. lat. in the Georges Bank or Gulf of Maine 
Regulated Mesh Area. Beginning August 1, 2002, except when fishing under 
the recreational and charter/party restrictions specified under 
Sec. 648.89, unless otherwise restricted as specified in 
Sec. 648.82(b)(3) and Sec. 648.88(a) and (c), there is no possession 
limit for yellowtail flounder for a vessel issued a NE multispecies 
permit and fishing under a NE multispecies DAS north of 40[deg]00[min] 
N. lat. in either the GB or GOM Regulated Mesh Areas, provided the 
vessel complies with the following requirements in order to fish for, 
possess, or land yellowtail flounder:
    (i) The vessel possesses on board a yellowtail flounder possession/
landing authorization letter issued by the Regional Administrator (RA). 
The vessel owner is required to contact a designee of the RA to obtain 
this exemption letter.
    (ii) The vessel does not fish in the SNE or MA Regulated Mesh Area, 
for a minimum of 30 consecutive days (when fishing under the NE 
multispecies DAS program, or under the monkfish DAS program if the 
vessel is fishing under the limited access monkfish Category C or D 
permit provisions). Vessels subject to these restrictions may transit 
the SNE and MA Regulated Mesh Areas with yellowtail flounder on board 
the vessel, provided that the gear is stowed in accordance with one of 
the provisions of Sec. 648.23(b).
    (2) Yellowtail flounder possession limit north of 40[deg]00[min] N. 
lat. in the Southern New England and Mid-Atlantic Regulated Mesh Areas. 
Beginning August 1, 2002, except when fishing under the recreational and 
charter/party restrictions specified under Sec. 648.89, unless further 
restricted as specified in Sec. 648.82(b)(3) and Sec. 648.88(a) and (c), 
a vessel issued a NE multispecies permit and fishing any portion of a 
trip under a NE multispecies DAS, or under a monkfish DAS when fishing 
under the limited access monkfish Category C or D permit provisions, 
north of 40[deg]00[min] N. lat. in the SNE or MA Regulated Mesh Areas is 
subject to the following requirements and trip limits in order to fish 
for, possess, or land yellowtail flounder:
    (i) The vessel possesses on board a yellowtail flounder possession/
landing authorization letter issued by the Regional Administrator (RA). 
The vessel owner is required to contact a designee of the RA to obtain 
this exemption letter.
    (ii) The vessel does not fish south of 40[deg]00[min] N. lat. for a 
minimum of 30 consecutive days (when fishing under the NE multispecies 
DAS program, or under the monkfish DAS program if the vessel is fishing 
under the limited access monkfish Category C or D provisions). Vessels 
subject to these restrictions may fish any portion of a trip in the GOM 
and GB Regulated Mesh Areas, provided the vessel complies with the 
possession restrictions specified under this paragraph (h). Vessels 
subject to these restrictions may also transit the SNE and MA Regulated 
Mesh Areas south of 40[deg]00[min] N. lat., provided the gear is stowed 
in accordance with one of the provisions of Sec. 648.23(b).
    (iii) During the period March through May, vessels may land or 
possess on board only up to 250 lb (113.6 kg) of yellowtail flounder per 
trip; and
    (iv) During the period June through February, vessels may land only 
up to 750 lb (340.9 kg) of yellowtail flounder per DAS, or any part of a 
DAS, up to a maximum possession limit of 3,000 lb (1,364.0 kg) per trip.

[[Page 415]]

    (3) Yellowtail flounder prohibition. Beginning August 1, 2002, 
unless fishing under the recreational and charter/party restrictions 
specified under Sec. 648.89, or transiting as provided for under 
Sec. 648.86(h)(1) or (2), a vessel may not harvest, posses or land 
yellowtail flounder in or from the area south of 40[deg]00[min] N. lat.

[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; 64 FR 55827, Oct. 15, 1999; 65 FR 380, Jan. 5, 2000; 65 FR 16778, 
16782, Mar. 29, 2000; 65 FR 21666, Apr. 24, 2000; 65 FR 30548, May 12, 
2000; 65 FR 37915, June 19, 2000; 66 FR 24060, May 11, 2001; 67 FR 5243, 
Feb. 5, 2002; 67 FR 50321, Aug. 1, 2002; 68 FR 4114, Jan. 28, 2003]



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), 
through (a)(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. 648.23(b), 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. 648.23(b), 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 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[min]     (\1\)
MC2.............................  42[deg]30[min]     70[deg]15[min]
MC3.............................  42[deg]40[min]     70[deg]15[min]
MC4.............................  42[deg]40[min]     70[deg]00[min]
MC5.............................  43[deg]00[min]     70[deg]00[min]
MC6.............................  43[deg]00[min]     69[deg]30[min]
MC7.............................  43[deg]30[min]     69[deg]30[min]
MC8.............................  43[deg]30[min]     69[deg]00[min]
MC9.............................  (\2\)              69[deg]00[min]
------------------------------------------------------------------------
\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[min]

[[Page 416]]

 
CCS2............................  40[deg]40[min]     71[deg]45[min]
CCS3............................  40[deg]40[min]     70[deg]30[min]
CCS4............................  (\2\)              70[deg]30[min]
------------------------------------------------------------------------
\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[min]     (\1\)
MB2.............................  42[deg]30[min]     70[deg]30[min]
MB3.............................  42[deg]12[min]     70[deg]30[min]
MB4.............................  42[deg]12[min]     70[deg]00[min]
MB5.............................  (\2\)              70[deg]00[min]
MB6.............................  42[deg]00[min]     (\2\)
MB7.............................  42[deg]00[min]     (\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[min]
NE2...............................................  43[deg]29  68[deg]55
                                                      .6[min]    .0[min]
NE3...............................................  44[deg]04  67[deg]48
                                                      .4[min]    .7[min]
NE4...............................................  44[deg]06  67[deg]52
                                                      .9[min]    .8[min]
NE5...............................................  44[deg]31  67[deg]02
                                                      .2[min]    .7[min]
NE6...............................................      (\1\)  67[deg]02
                                                                 .7[min]
------------------------------------------------------------------------
\1\ Maine shoreline.

    (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. 648.23(b), 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. 648.23(b), 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

[[Page 417]]

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[min] N    70[deg]30[min] W
CCB2.............................  42[deg]12[min] N    70[deg]15[min] W
CCB3.............................  42[deg]08[min] N    70[deg]12.4[min]
                                                        W
 
hen westerly along the 3 NM state
 boundary to.
 
CCB4.............................  42[deg]08[min] N    70[deg]30[min] 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[min] N   69[deg]02[min] W
GSC2...........................  41[deg]43.5[min] N   69[deg]36.3[min] W
GSC3...........................  42[deg]10[min] N     68[deg]31[min] W
GSC4...........................  41[deg]38[min] N     68[deg]13[min] 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 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; 65 FR 37916, June 19, 2000]



Sec. 648.88  Multispecies open access permit restrictions.

    (a) Handgear permit. Beginning August 1, 2002, NE multispecies open 
access Handgear permits shall not be issued to any vessel that has never 
been issued such permit, or has not submitted a complete application for 
such permit as of August 1, 2002. A vessel issued a valid open access NE 
multispecies Handgear permit is subject to the following restrictions:
    (1) Unless otherwise restricted under Sec. 648.86(h), the vessel may 
possess and land up to 300 lb (136.1 kg) of haddock, cod, and yellowtail 
flounder, combined; one Atlantic halibut per trip; and unlimited amounts 
of the other NE multispecies provided the following: The vessel does not 
possess more than 200 lb (90.7 kg) of cod and yellowtail flounder, 
combined; the vessel does not use or possess on board gear other than 
rod

[[Page 418]]

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 additional 
restrictions on gear, recreational minimum fish sizes, possession 
limits, and prohibitions on sale specified in Sec. 648.89, and any other 
applicable provisions of this part.
    (c) Scallop multispecies possession limit permit. A vessel that has 
been issued a valid open access scallop multispecies possession limit 
permit may possess and land up to 300 lb (136.1 kg) of regulated species 
when fishing under a scallop DAS allocated under Sec. 648.53, provided 
the vessel does not fish for, possess, or land haddock from January 1 
through June 30, as specified under Sec. 648.86(a)(2)(i), and provided 
that the amount of yellowtail flounder on board the vessel does not 
exceed the trip limitations specified in Sec. 648.86(h) and provided the 
vessel has at least one standard tote on board.
    (d) Non-regulated multispecies permit. A vessel issued a valid open 
access nonregulated multispecies permit may possess and land one 
Atlantic halibut and unlimited amounts of the other 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; 64 FR 55827, Oct. 15, 
1999; 65 FR 380, Jan. 5, 2000; 65 FR 37917, June 19, 2000; 66 FR 24060, 
May 11, 2001; 67 FR 50322, Aug. 1, 2002; 68 FR 38245, June 27, 2003]



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 
Sec. 648.23(b).
    (b) Recreational minimum fish sizes-- (1) Minimum fish sizes. 
Persons aboard charter or party vessels permitted under this part and 
not fishing under the NE multispecies DAS program, and private 
recreational fishing vessels in the EEZ, may not retain fish smaller 
than the minimum fish sizes, measured in total length (TL) as follows:

  MINIMUM FISH SIZES (TL) FOR CHARTER, PARTY, AND PRIVATE RECREATIONAL
                                 VESSELS
------------------------------------------------------------------------
                         Species                           Size (inches)
------------------------------------------------------------------------
Cod.....................................................    23 (58.4 cm)
Haddock.................................................    21 (52.5 cm)
Pollock.................................................    19 (48.3 cm)
Witch flounder (gray sole)..............................    14 (35.6 cm)
Yellowtail flounder.....................................    13 (33.0 cm)
Atlantic halibut........................................    36 (91.4 cm)
Americal plaice (dab)...................................    14 (35.6 cm)
Winter flounder (blackback).............................    12 (30.5 cm)
Redfish.................................................     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) Cod and haddock possession restrictions--(1) Private 
recreational vessels. (i) Each person on a private recreational vessel 
may possess per trip no more than 10 cod and/or haddock, combined, in, 
or harvested from the EEZ, unless further restricted under paragraph 
(c)(1)(ii) of this section.
    (ii) During the period December 1 through March 31, each person on a 
private recreational vessel fishing any part of a trip in the GOM 
Regulated Mesh Area as defined in Sec. 648.80(a)(1), may possess no more 
than 10 cod and/or haddock combined, no more than 5 of which may be cod, 
in, or harvested from the EEZ.
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iv) Cod and haddock harvested by private recreational vessels with 
more than one person aboard may be pooled in one or more containers. 
Compliance

[[Page 419]]

with the possession limit will be determined by dividing the number of 
fish on board by the number of persons on board. 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 or 
operator of the vessel.
    (v) Cod and haddock must be stored so as to be readily available for 
inspection.
    (2) Charter/party vessels. Charter/party vessels fishing any part of 
a trip in the GOM Regulated Mesh Area as defined in Sec. 648.80(a)(1), 
are subject to the following possession limit restrictions:
    (i) During the period April 1 through November 30, each person on 
the vessel may possess no more than 10 cod.
    (ii) During the period December 1 through March 31, each person on 
the vessel may possess no more than 5 cod.
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iv) Cod and haddock harvested by charter/party vessels with more 
than one person aboard may be pooled in one or more containers. 
Compliance with the possession limits will be determined by dividing the 
number of fish on board by the number of persons on board. If there is a 
violation of the possession limits on board a vessel carrying more than 
one person, the violation shall be deemed to have been committed by the 
owner or operator of the vessel.
    (v) Cod and haddock must be stored so as to be readily available for 
inspection.
    (3) Atlantic halibut. Charter and party vessels permitted under this 
part, and recreational fishing vessels fishing in the EEZ, may not 
possess, on board, more than one Atlantic halibut.
    (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.
    (e) Charter/party vessel restrictions on fishing in Gulf of Maine 
closed areas and the Nantucket Lightship Closed Area.
    (1) Gulf of Maine Closed Areas. A vessel fishing under charter/party 
regulations may not fish in the Gulf of Maine closed areas specified in 
Sec. 648.81(g)(1) through (i)(1), during the time periods specified in 
those sections, unless the vessel has on board a letter of authorization 
issued by the Regional Administrator pursuant to Secs. 648.81(g)(2)(iii) 
and 648.89(e)(3). The letter of authorization is required for a minimum 
of 3 months if the vessel intends to fish in the seasonal GOM closure 
areas, or required for the rest of the fishing year, beginning with the 
start of the participation period of the letter of authorization, if the 
vessel intends to fish in the year-round GOM closure areas.
    (2) Nantucket Lightship Closed Area. A vessel fishing under charter/
party regulations may not fish in the Nantucket Lightship Closed Area 
specified in Sec. 648.81(c)(1) unless the vessel has on board a letter 
of authorization issued by the Regional Administrator pursuant to 
Secs. 648.81(c)(2)(iii) and 648.89(e)(3).
    (3) Letters of Authorization. To obtain either of the letters of 
authorization specified in Sec. 648.89(e)(1) and (e)(2), a vessel owner 
must request a letter from the Northeast Regional Office of NMFS, either 
in writing or by phone (see Table 1 to Sec. 600.502 of this chapter). As 
a condition of these letters of authorization, the vessel owner must 
agree to the following:
    (i) The letter of authorization must be carried on board the vessel 
during the period of participation;
    (ii) Fish harvested or possessed by the vessel may not be sold or 
intended for trade, barter or sale, regardless of where the fish are 
caught;
    (iii) The vessel has no gear other than rod and reel or handline 
gear on board; and
    (iv) For the Gulf of Maine charter/party closed area exemption only, 
the

[[Page 420]]

vessel may not use any multispecies DAS during the period of 
participation.

[61 FR 34968, July 3, 1996, as amended at 64 FR 55827, Oct. 15, 1999; 65 
FR 21666, Apr. 24, 2000; 65 FR 30549, May 12, 2000; 65 FR 37917, June 
19, 2000; 67 FR 50322, Aug. 1, 2002; 68 FR 38246, June 27, 2003]



Sec. 648.90  Multispecies 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 to develop options for NEFMC 
consideration on any changes, adjustments, or additions to DAS 
allocations, closed areas, or on other measures necessary to achieve the 
NE Multispecies FMP goals and objectives. For the year 2000 and 
thereafter, the MSMC, and for the year 2001 and thereafter, the Whiting 
Monitoring Committee (WMC) shall meet separately on or before November 
15 of each year to develop options for NEFMC consideration on any 
changes, adjustments, or additions to DAS allocations, if applicable, 
closed areas or other measures necessary to achieve the NE Multispecies 
FMP goals and objectives.
    (1) The MSMC and WMC, as applicable, shall separately review 
available data pertaining to: Catch and landings, discards, 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 WMC shall recommend management 
options necessary to achieve FMP goals and objectives pertaining to 
small-mesh multispecies, which may include a preferred option. The MSMC 
and WMC must demonstrate through analyses and documentation that the 
options they develop are expected to meet the NE Multispecies FMP goals 
and objectives. The MSMC and WMC may review the performance of different 
user groups or fleet sectors in developing options. The range of options 
developed by the MSMC or WMC 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 or small-mesh 
multispecies; DAS changes; possession limits; gear restrictions; closed 
areas; permitting restrictions; minimum fish sizes; recreational fishing 
measures; description and identification of essential fish habitat 
(EFH); fishing gear management measures to protect EFH; designation of 
habitat areas of particular concern within EFH; and any other management 
measures currently included in the NE Multispecies FMP. In addition, for 
the 2003 fishing year, the WMC must consider, and recommend as 
appropriate, management options other than the default measures for 
small-mesh multispecies management (mesh and possession limit 
restrictions for small-mesh multispecies beginning May 1, 2003).
    (3) The NEFMC shall review the recommended target TACs recommended 
by the MSMC and all of the options developed by the MSMC and WMC, and 
other relevant information, consider public comment, and develop a 
recommendation to meet the NE Multispecies FMP objective pertaining to 
regulated species or small-mesh multispecies that is consistent with 
other applicable law. If the NEFMC does not submit a recommendation that 
meets the NE Multispecies FMP objectives and is consistent with other 
applicable law, the Regional Administrator may adopt any option 
developed by the MSMC or WMC, unless rejected by the NEFMC, as specified 
in paragraph (a)(6) of this section, provided the option meets the NE 
Multispecies FMP objectives 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 (if applicable), closed areas or other measures 
necessary to achieve the NE Multispecies FMP's goals and objectives. The 
NEFMC shall include in its recommendation supporting documents, as 
appropriate,

[[Page 421]]

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, to address gear conflicts, 
or to facilitate the development of aquaculture projects in the EEZ. 
This procedure may also be used to modify FMP overfishing definitions 
and fishing mortality targets which form the basis for selecting 
specific management measures.
    (1) Adjustment process. (i) 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 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, other than to address 
gear conflicts, must come from one or more of the following categories: 
DAS changes, effort monitoring, data reporting, possession limits, gear 
restrictions, closed areas, permitting restrictions, crew limits, 
minimum fish sizes, onboard observers, minimum hook size and hook style, 
the use of crucifiers in the hook-gear fishery, fleet sector shares, 
recreational fishing measures, area closures and other appropriate 
measures to mitigate marine mammal entanglements and interactions, 
description and identification of essential fish habitat (EFH), fishing 
gear management measures to protect EFH, designation of habitat areas of 
particular concern within EFH, and any other management measures 
currently included in the FMP. In addition, the Council's recommendation 
on adjustments or additions to management measures pertaining to small-
mesh multispecies, other than to address gear conflicts, must come from

[[Page 422]]

one or more of the following categories: Quotas and appropriate seasonal 
adjustments for vessels fishing in experimental or exempted fisheries 
that use small mesh in combination with a separator trawl/grate (if 
applicable), modifications to separator grate (if applicable) and mesh 
configurations for fishing for small-mesh multispecies, adjustments to 
whiting stock boundaries for management purposes, adjustments for 
fisheries exempted from minimum mesh requirements to fish for small-mesh 
multispecies (if applicable), season adjustments, declarations, and 
participation requirements for the Cultivator Shoal Whiting Fishery 
Exemption Area.
    (ii) Adjustment process for Whiting TACs and DAS. The Council may 
develop recommendations for a Whiting DAS effort reduction program or a 
Whiting TAC through the framework process outlined in paragraph (c)(1) 
of this section only if these options are accompanied by a full set of 
public hearings that span the area affected by the proposed measures in 
order to provide adequate opportunity for public comment.
    (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) Nothing in this section is meant to derogate from the authority 
of the Secretary to take emergency action and interim measures under 
section 305(c) of the Magnuson-Stevens Act.

[61 FR 34968, July 3, 1996, as amended at 62 FR 1405, Jan. 10, 1997; 62 
FR 14650, Mar. 27, 1997; 64 FR 54747, Oct. 7, 1999; 64 FR 55827, Oct. 
15, 1999; 65 FR 16779, Mar. 29, 2000; 67 FR 5244, Feb. 5, 2002]

[[Page 423]]



Sec. 648.91  Monkfish regulated mesh areas and restrictions on gear and methods of fishing.

    All vessels fishing for, possessing or landing monkfish must comply 
with the following minimum mesh size, gear, and methods of fishing 
requirements, unless otherwise exempted or prohibited:
    (a) Northern Fishery Management Area (NFMA)-- Area definition. The 
NFMA (copies of a chart depicting the area are available from the 
Regional Administrator upon request) is that area defined by a line 
beginning at the intersection of 70[deg] W. longitude and the south-
facing shoreline of Cape Cod, MA (point A), then southward along 70[deg] 
W. longitude to 41[deg] N. latitude, then eastward to the U.S.-Canada 
maritime boundary, then in a northerly direction along the U.S.-Canada 
maritime boundary until it intersects the Maine shoreline, and then 
following the coastline in a southerly direction until it intersects 
with point A.
    (b) Southern Fishery Management Area (SFMA)--Area definition. The 
SFMA (copies of a chart depicting the area are available from the 
Regional Administrator upon request) is that area defined by a line 
beginning at point A, then in a southerly direction to the NC-SC border, 
then due east to the 200-mile limit, then in a northerly direction along 
the 200-mile limit to the U.S.-Canada maritime boundary, then in a 
northwesterly direction along the U.S.-Canada maritime boundary to 
41[deg] N. latitude, and then westward to 70[deg] W. longitude, and 
finally north to the shoreline at Cape Cod, MA (point A).
    (c) Gear restrictions--(1) Minimum mesh size-- (i) Trawl nets while 
on a monkfish DAS. Except as provided in paragraph (c)(1)(ii) of this 
section, the minimum mesh size for any trawl net, including beam trawl 
nets, used by a vessel fishing under a monkfish DAS is 10-inch (25.4-cm) 
square or 12-inch (30.5-cm) diamond mesh throughout the codend for at 
least 45 continuous meshes forward of the terminus of the net. The 
minimum mesh size for the remainder of the trawl net is the regulated 
mesh size specified under Sec. 648.80(a)(3), (a)(4), (b)(2)(i), or 
(c)(2)(i) of the Northeast multispecies regulations, depending upon and 
consistent with the NE multispecies regulated mesh area being fished.
    (ii) Trawl nets while on a monkfish and NE multispecies DAS. For 
vessels issued a Category C or D limited access monkfish permit and 
fishing with trawl gear under both a monkfish and NE multispecies DAS, 
the minimum mesh size is that allowed under regulations governing mesh 
size at Sec. 648.80(a)(3), (a)(4), (b)(2)(i), or (c)(2)(i), depending 
upon, and consistent with, the NE multispecies regulated mesh area being 
fished.
    (iii) Gillnets while on a monkfish DAS. The minimum mesh size for 
any gillnets used by a vessel fishing under a monkfish DAS is 10-inches 
(25.4 cm) diamond mesh.
    (iv) Authorized gear while on a monkfish and scallop DAS. Vessels 
issued a Category C or D limited access monkfish permit and fishing 
under a monkfish and scallop DAS may only fish with and use a trawl net 
with a mesh size no smaller than that specified in paragraph (c)(1)(i) 
of this section.
    (2) Other gear restrictions. (i) A vessel may not fish with dredges 
or have dredges on board while fishing under a monkfish DAS.
    (ii) All other non-conforming gear must be stowed as specified in 
Sec. 648.23(b).
    (iii) The mesh size restrictions in paragraph (c)(1) of this section 
do not apply to nets or pieces of nets smaller than 3 ft (0.9 m) x 3 ft 
(0.9 m), (9 ft2 (0.81 m2)).

[64 FR 54747, Oct. 7, 1999, as amended at 65 FR 37917, June 19, 2000; 67 
FR 50323, Aug. 1, 2002]



Sec. 648.92  Effort-control program for monkfish limited access vessels.

    (a) General. A vessel issued a limited access monkfish permit may 
not fish for, possess, retain, or land monkfish, except during a DAS as 
allocated under and in accordance with the applicable DAS program 
described in this section, except as otherwise provided 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

[[Page 424]]

have unused DAS on the last day of April of any year may carry over a 
maximum of 10 unused DAS into the next fishing year. Any DAS that have 
been forfeited due to an enforcement proceeding will be deducted from 
all other unused DAS in determining how many DAS may be carried over.
    (2) [Reserved]
    (b) Monkfish DAS program--permit categories and allocations--(1) 
Limited access monkfish permit holders. All limited access monkfish 
permit holders shall be allocated 40 monkfish DAS for each fishing year, 
unless modified according to the provisions specified at 
Sec. 648.96(b)(3). Limited access multispecies and limited access 
scallop permit holders who also possess a valid limited access monkfish 
permit must use a multispecies or scallop DAS concurrently with their 
monkfish DAS, except as provided in paragraph (b)(2) of this section.
    (2) Category C and D limited access monkfish permit holders. (i) 
August 1, 2002 - April 30, 2003. Each monkfish DAS used by a limited 
access multispecies or scallop vessel holding a Category C or D limited 
access monkfish permit shall also be counted as a multispecies or 
scallop DAS, as applicable, unless otherwise specified in this paragraph 
(b). A Category C or D vessel that had fewer unused multispecies DAS 
than unused monkfish DAS as of August 1, 2002, may fish under the 
limited access monkfish provisions for Category A or B vessels, as 
applicable, for the number of DAS that equal the difference between its 
unused monkfish DAS and unused multispecies DAS as of August 1, 2002. 
For such vessels, when the total allocation of multispecies DAS has been 
used, a monkfish DAS may be used without concurrent use of a 
multispecies DAS. (For example, if a monkfish Category D vessel has 10 
NE multispecies DAS and 40 monkfish DAS remaining as of August 1, 2002, 
that vessel may use the remaining 30 monkfish DAS to fish on monkfish, 
without a NE multispecies DAS being used, once the remaining 10 NE 
multispecies DAS have been utilized. However, the vessel must fish the 
remaining 30 monkfish DAS under the regulations pertaining to a Category 
B vessel, and must not retain any regulated multispecies.)
    (ii) Beginning May 1, 2003. Each monkfish DAS used by a limited 
access multispecies or scallop vessel holding a Category C or D limited 
access monkfish permit shall also be counted as a multispecies or 
scallop DAS, as applicable, except when a Category C or D vessel that 
has an allocation of multispecies DAS under Sec. 648.82(l) that is less 
than the number of monkfish DAS allocated for the fishing year May 1 
through April 30, that vessel may fish under the monkfish limited access 
Category A or B provisions, as applicable, for the number of DAS that 
equal the difference between the number of its allocated monkfish DAS 
and the number of its allocated multispecies DAS. For such vessels, when 
the total allocation of multispecies DAS have been used, a monkfish DAS 
may be used without concurrent use of a multispecies DAS. (For example, 
if a monkfish Category D vessel's multispecies DAS allocation is 30, and 
the vessel fished 30 monkfish DAS, 30 multispecies DAS would also be 
used. However, after all 30 multispecies DAS are used, the vessel may 
utilize its remaining 10 monkfish DAS to fish on monkfish, without a 
multispecies DAS being used, provided that the vessel fishes under the 
regulations pertaining to a Category B vessel and does not retain any 
regulated multispecies.)
    (3) Accrual of DAS. Same as Sec. 648.53(e).
    (4) Good Samaritan credit. Same as Sec. 648.53(f).
    (5) Spawning season restrictions. Beginning January 1, 2000, a 
vessel issued a valid Category A or B limited access monkfish permit 
under Sec. 648.4(a)(9)(i)(A)(1) or (a)(9)(i)(A)(2) must declare and be 
out of the monkfish DAS program, as described in paragraph (b) of this 
section, for a continuous 20-day period between April 1 and June 30 of 
each calendar year using the notification requirements specified in 
Sec. 648.10. If a vessel owner has not declared and been out for a 
continuous 20-day period between April 1 and June 30 of each calendar 
year on or before June 11 of each year, the vessel is prohibited from 
fishing for possessing or landing any monkfish during the period June 11 
through June 30, inclusive.

[[Page 425]]

    (6) Declaring monkfish 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 monkfish DAS program and declaration of 
its continuous 20-day period out of the monkfish DAS program, using the 
notification requirements specified in Sec. 648.10.
    (7) Adjustments in annual monkfish DAS allocations. Adjustments in 
annual monkfish DAS allocations, if required to meet fishing mortality 
goals, may be implemented pursuant to the framework adjustment 
procedures of Sec. 648.96.
    (8) Gillnet restrictions--
    (i) Number and size of nets. (A) Category A and B vessels. A vessel 
issued a monkfish limited access Category A or B permit and fishing 
under a monkfish DAS may not fish with, haul, possess, or deploy more 
than 160 gillnets. Nets may not be longer than 300 ft (91.44 m), or 50 
fathoms, in length.
    (B) Category C and D vessels. A vessel issued a monkfish limited 
access Category C or D permit and fishing under a monkfish DAS may not 
fish with, haul, possess, or deploy more than 150 gillnets. A vessel 
issued a NE multispecies limited access permit and a limited access 
monkfish permit, and fishing under a monkfish DAS, may fish any 
combination of monkfish, roundfish, and flatfish gillnets, up to 150 
nets total, provided that the number of monkfish, roundfish, and 
flatfish gillnets is consistent with the limitations of Sec. 648.82. 
Nets may not be longer than 300 ft (91.4 m), or 50 fathoms, in length.
    (ii) Tagging requirements. Beginning May 1, 2000, all gillnets 
fished, hauled, possessed, or deployed by a vessel fishing for monkfish 
under a monkfish DAS must have one monkfish 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. A vessel operator must 
account for all net tags upon request by an authorized officer.
    (iii) Lost tags. A vessel owner or operator must report lost, 
destroyed, or missing tag numbers by letter or fax to the Regional 
Administrator within 24 hours after tags have been discovered lost, 
destroyed, or missing.
    (iv) Replacement tags. A vessel owner or operator seeking 
replacement of lost, destroyed, or missing tags must request replacement 
tags by letter or fax to the Regional Administrator. A check for the 
cost of the replacement tags must be received before the tags will be 
re-issued.
    (v) Method of counting DAS. A vessel fishing with gillnet gear under 
a monkfish DAS will accrue 15 hours monkfish DAS for each trip greater 
than 3 hours but less than or equal to 15 hours. Such vessel will accrue 
actual monkfish DAS time at sea for trips less than or equal to 3 hours 
or greater than 15 hours. A vessel fishing with gillnet gear under only 
a monkfish DAS is not required to remove gillnet gear from the water 
upon returning to the dock and calling out of the DAS program, provided 
that the vessel complies with the requirements and conditions of 
paragraphs (b)(8)(i), (ii), (iii), (iv), and (v) of this section.

[64 FR 54748, Oct. 7, 1999, as amended at 67 FR 50323, Aug. 1, 2002; 68 
FR 4114, Jan. 28, 2003; 68 FR 22329, Apr. 28, 2003]



Sec. 648.93  Monkfish minimum fish sizes.

    (a) General provisions. (1) All monkfish caught by vessels issued a 
valid Federal monkfish permit must meet the minimum fish size 
requirements established in this section.

                           MINIMUM FISH SIZES
                       (Total Length/Tail Length)
------------------------------------------------------------------------
                  Total Length                         Tail Length
------------------------------------------------------------------------
17 inches (43.2 cm)                                  11 inches (27.9 cm)
------------------------------------------------------------------------

    (2) The minimum fish size applies to the whole fish (total length) 
or to the tail of a fish (tail length) at the time of landing. Fish or 
parts of fish, with the exception of cheeks and livers, must have skin 
on while possessed on board a vessel and at the time of landing in order 
to meet minimum size requirements. ``Skin on'' means the entire portion 
of the skin normally attached to the portion of the fish or fish parts 
possessed. Monkfish tails are measured from the anterior portion of the 
fourth cephalic dorsal spine to the end of the caudal fin. Any tissue 
anterior to the fourth dorsal spine is ignored. If the

[[Page 426]]

fourth dorsal spine or the tail is not intact, the minimum size is 
measured between the most anterior vertebra and the most posterior 
portion of the tail.
    (b) Minimum fish sizes. (1) The minimum fish size for vessels 
fishing in the SFMA, or for vessels not declared into the NFMA as 
specified in paragraph (b)(2) of this section, is 21 inches (53.3 cm) 
total length/14 inches (35.6 cm) tail length.
    (2) Vessels fishing exclusively in the NFMA. The minimum fish size 
for vessels fishing exclusively in the NFMA is 17 inches (43.2 cm) total 
length/11 inches (27.9 cm) tail length. In order for this size limit to 
be applicable, a vessel intending to fish for monkfish under a scallop, 
multispecies, or monkfish DAS exclusively in the NFMA must declare into 
the NFMA for a period of not less than 30 days, pursuant to the 
provisions specified at Sec. 648.94(f). A vessel that has not declared 
into the NFMA under Sec. 648.94(f) shall be presumed to have fished in 
the SFMA and shall be subject to the more restrictive requirements of 
that area. A vessel that has declared into the NFMA may transit the 
SFMA, providing that it complies with the transiting and gear storage 
provisions described in Sec. 648.94(e), and provided that it does not 
fish for or catch monkfish, or any other fish, in the SFMA.

[64 FR 54749, Oct. 7, 1999, as amended at 68 FR 22329, Apr. 28, 2003]



Sec. 648.94  Monkfish possession and landing restrictions.

    (a) General. Monkfish may be possessed or landed either as tails 
only, or in whole form, or any combination of the two. When both tails 
and whole fish are possessed or landed, the possession or landing limit 
for monkfish tails shall be the difference between the whole weight 
limit minus the landing of whole monkfish, divided by 3.32. A 996 lb 
(452 kg) whole weight trip limit and a 600 lb (272 kg) landing of whole 
fish shall, for example, allow for a maximum landing of tails of 119.3 
lb (54.1 kg).
    (b) Vessels issued limited access monkfish permits--(1) Vessels 
fishing under the monkfish DAS program in the NFMA. There is no monkfish 
trip limit for vessels issued a limited access Category A, B, C, or D 
permit that are fishing under a monkfish DAS exclusively in the NFMA.
    (2) Vessels fishing under the monkfish DAS program in the SFMA--(i) 
Category A and C vessels. Category A and C vessels fishing under the 
monkfish DAS program in the SFMA may land up to 1,250 lb (567 kg) tail-
weight or 4,150 lb (1,882 kg) whole weight of monkfish per monkfish DAS 
(or any prorated combination of tail-weight and whole weight based on 
the conversion factor for tail-weight to whole weight of 3.32), unless 
modified pursuant to Sec. 648.96(b)(2)(ii).
    (ii) Category B and D vessels. Category B and D vessels fishing 
under the monkfish DAS program in the SFMA may land up to 1,000 lb (454 
kg) tail-weight or 3,320 lb (1,506 kg) whole weight of monkfish per 
monkfish DAS (or any prorated combination of tail-weight and whole 
weight based on the conversion factor for tail-weight to whole weight of 
3.32), unless modified pursuant to Sec. 648.96(b)(2)(ii).
    (iii) Administration of landing limits. A vessel owner or operator 
may not exceed the monkfish trip limits as specified in paragraphs 
(b)(2)(i) and (ii) of this section per monkfish DAS fished, or any part 
of a monkfish DAS fished.
    (3) Category C and D vessels fishing under the multispecies DAS 
program--(i) NFMA. There is no monkfish trip limit for a Category C or D 
vessel that is fishing under a multispecies DAS exclusively in the NFMA.
    (ii) SFMA. If any portion of a trip is fished only under a 
multispecies DAS, and not under a monkfish DAS, in the SFMA, the vessel 
may land up to 300 lb (136 kg) tail-weight or 996 lb (452 kg) whole 
weight of monkfish per DAS if trawl gear is used exclusively during the 
trip, or 50 lb (23 kg) tail-weight or 166 lb (75 kg) whole weight if 
gear other than trawl gear is used during the trip.
    (iii) Transiting. A vessel that harvested monkfish in the NFMA may 
transit the SFMA and possess monkfish in excess of the SFMA landing 
limit provided such vessel complies with the provisions of 
Sec. 648.94(e).
    (4) Category C and D vessels fishing under the scallop DAS program. 
A Category C or D vessel fishing under a scallop DAS may land up to 300 
lb (136

[[Page 427]]

kg) tail-weight or 996 lb (452 kg) whole weight of monkfish per DAS (or 
any prorated combination of tail-weight and whole weight based on the 
conversion factor for tail-weight to whole weight of 3.32). All monkfish 
permitted vessels are prohibited from fishing for, landing, or 
possessing monkfish while in possession of dredge gear unless fishing 
under a scallop DAS.
    (5) Category C and D scallop vessels declared into the monkfish DAS 
program without a dredge on board, or not under the net exemption 
provision. Category C and D vessels that have declared into the monkfish 
DAS program and that do not fish with or have a dredge on board, or are 
not fishing with a net under the net exemption provision specified in 
Sec. 648.51(f), are subject to the same landing limits as specified in 
paragraphs (b)(1) and (b)(2) of this section. Such vessels are also 
subject to provisions applicable to Category A and B vessels fishing 
only under a monkfish DAS, consistent with the provisions of this part.
    (6) Vessels not fishing under a multispecies, scallop or monkfish 
DAS. The possession limits for all limited access monkfish vessels when 
not fishing under a multispecies, scallop, or monkfish DAS are the same 
as the possession limits for a vessel issued a monkfish incidental catch 
permit specified under paragraph (c)(3) of this section.
    (7) [Reserved]
    (c) Vessels issued a monkfish incidental catch permit--(1) Vessels 
fishing under a multispecies DAS--(i) NFMA. Vessels issued a monkfish 
incidental catch permit fishing under a multispecies DAS exclusively in 
the NFMA may land up to 400 lb (181 kg) tail weight or 1,328 lb (602 kg) 
whole weight of monkfish per DAS, or 50 percent (where the weight of all 
monkfish is converted to tail weight) of the total weight of fish on 
board, whichever is less. For the purposes of converting whole weight to 
tail weight, the amount of whole weight possessed or landed is divided 
by 3.32.
    (ii) SFMA. If any portion of the trip is fished by a vessel issued a 
monkfish incidental catch permit under a multispecies DAS in the SFMA, 
the vessel may land up to 50 lb (23 kg) tail-weight or 166 lb (75 kg) 
whole weight of monkfish per DAS (or any prorated combination of tail-
weight and whole weight based on the conversion factor).
    (2) Scallop dredge vessels fishing under a scallop DAS. A scallop 
dredge vessel issued a monkfish incidental catch permit fishing under a 
scallop DAS may land up to 300 lb (136 kg) tail-weight or 996 lb (452 
kg) whole weight of monkfish per DAS (or any prorated combination of 
tail-weight and whole weight based on the conversion factor).
    (3) Vessels not fishing under a monkfish, multispecies or scallop 
DAS-- (i) Vessels fishing with large mesh. A vessel issued a valid 
monkfish incidental catch permit and fishing in the GOM, GB, SNE, or MA 
RMAs with mesh no smaller than specified at Sec. 648.80(a)(3)(i), 
(a)(4)(i), (b)(2)(i), and Sec. 648.104(a)(1), respectively, while not on 
a monkfish, multispecies, or scallop DAS, may possess, retain, and land 
monkfish (whole or tails) only up to 5 percent (where the weight of all 
monkfish is converted to tail weight) of the total weight of fish on 
board. For the purposes of converting whole weight to tail weight, the 
amount of whole weight possessed or landed is divided by 3.32.
    (ii) [Reserved]
    (4) Vessels fishing with small mesh. A vessel issued a valid 
monkfish incidental catch permit and fishing with mesh smaller than the 
mesh size specified by area in paragraph (c)(3) of this section, while 
not on a monkfish, multispecies, or scallop DAS, may possess, retain, 
and land only up to 50 lb (23 kg) tail-weight or 166 lb (75 kg) whole 
weight of monkfish per trip.
    (5) Small vessels. A vessel issued a limited access multispecies 
permit and a valid monkfish incidental catch permit that is [le] 30 feet 
(9.1 m) in length and that elects not to fish under the multispecies DAS 
program may possess, retain, and land up to 50 lb (23 kg) tail-weight or 
166 lb (75 kg) whole weight of monkfish per trip, regardless of the 
weight of other fish on board.
    (6) Vessels fishing with handgear. A vessel issued a valid monkfish 
incidental catch permit and fishing exclusively with rod and reel or 
handlines with no other fishing gear on board, while not on a monkfish, 
multispecies,

[[Page 428]]

or scallop DAS, may possess, retain, and land up to 50 lb (23 kg) tail-
weight or 166 lb (75 kg) whole weight of monkfish per trip, regardless 
of the weight of other fish on board.
    (d) Monkfish liver landing restrictions. (1) A vessel authorized to 
land monkfish under this part may possess or land monkfish livers up to 
25 percent of the tail-weight of monkfish, or up to 10 percent of the 
whole weight of monkfish, per trip, except as provided under paragraph 
(d)(2) of this section.
    (2) If a vessel possesses or lands both monkfish tails and whole 
monkfish, the vessel may land monkfish livers up to 10 percent of the 
whole weight of monkfish per trip using the following weight ratio:
    (0.10) x [(tail weight x 3.32) + (whole fish x 1)]

    Note to paragraph (d)(2): The value 3.32 is the live weight 
conversion for tails and the value of 1 is the live weight conversion 
for fish landed in a whole condition.

    (e) Transiting. A vessel that has declared into the NFMA for the 
purpose of fishing for monkfish, or a vessel that is subject to less 
restrictive measures in the NFMA, may transit the SFMA, provided that 
the vessel does not harvest or possess monkfish from the SFMA and that 
the vessel's fishing gear is properly stowed and not available for 
immediate use in accordance with Sec. 648.23(b).
    (f) Area declaration requirement for vessels fishing exclusively in 
the NFMA. Vessels fishing under a multispecies, scallop, or monkfish DAS 
under the less restrictive management measures of the NFMA, must fish 
for monkfish exclusively in the NFMA and declare into the NFMA for a 
period of not less than 30 days by obtaining a letter of authorization 
from the Regional Administrator. A vessel that has not declared into the 
NFMA under this paragraph (f) shall be presumed to have fished in the 
SFMA and shall be subject to the more restrictive requirements of that 
area. A vessel that has declared into the NFMA may transit the SFMA, 
providing that it complies with the transiting and gear storage 
provisions described in Sec. 648.94(e), and provided that it does not 
fish for or catch monkfish, or any other fish, in the SFMA.
    (g) Other landing restrictions. Vessels are subject to any other 
applicable landing restrictions of this part.

[64 FR 54749, Oct. 7, 1999, as amended at 65 FR 11480, Mar. 3, 2000; 65 
FR 37917, June 19, 2000; 68 FR 22330, Apr. 28, 2003]



Sec. 648.95  [Reserved]



Sec. 648.96  Monkfish annual adjustment process and framework specifications.

    (a) General. The Monkfish Monitoring Committee (MFMC) shall meet on 
or before November 15 of each year to develop target TACs for the 
upcoming fishing year in accordance with paragraph (b)(1) of this 
section, and options for NEFMC and MAFMC consideration on any changes, 
adjustment, or additions to DAS allocations, trip limits, size limits, 
or other measures necessary to achieve the Monkfish FMP's goals and 
objectives. The MFMC shall review available data pertaining to discards 
and landings, DAS, and other measures of fishing effort; stock status 
and fishing mortality rates; enforcement of and compliance with 
management measures; and any other relevant information.
    (b) Annual Adjustment Procedures--(1) Setting annual target TACs. 
(i) The MFMC shall submit to the Councils and Regional Administrator the 
target monkfish TACs for the upcoming fishing year as soon as possible 
after the availability of the NMFS fall trawl survey indices, but no 
later than January 7, based on the control rule formula described in 
paragraph (b)(1)(ii) of this section. The Regional Administrator shall 
then promulgate any changes to existing management measures, pursuant to 
the methods specified in paragraphs (b)(2) and (3) of this section, 
resulting from the updated target TAC through rulemaking consistent with 
the Administrative Procedure Act. If the annual target TAC generated 
through the control rule formula described in paragraph (b)(1)(ii) of 
this section does not require any changes to existing management 
measures, then no action shall be required by the Regional 
Administrator. If the action is submitted after January 7, then the 
target TACs and associated management measures for the prior fishing

[[Page 429]]

year shall remain in place until new target TACs are implemented.
    (ii) Control rule method for setting annual target TACs. The current 
3-year running average of the NMFS fall trawl survey index of monkfish 
biomass shall be compared to the established annual biomass index 
target, and target annual TACs will be set in accordance with paragraphs 
(b)(1)(ii)(A) - (F) of this section. The annual biomass index targets 
established Frammework Adjustment 2 to the FMP are provided in the 
following table (kg/tow).

----------------------------------------------------------------------------------------------------------------
                                          FY 2002  FY 2003  FY 2004  FY 2005  FY 2006  FY 2007  FY 2008  FY 2009
----------------------------------------------------------------------------------------------------------------
NFMA....................................     1.33     1.49     1.66     1.83     2.00     2.16     2.33     2.50
SFMA....................................     0.88     1.02     1.15     1.29     1.43     1.57     1.71     1.85
----------------------------------------------------------------------------------------------------------------

    (A) Unless the provisions of paragraphs (b)(1)(ii)(C) or (D) of this 
section apply, if the current 3-year running average of the NMFS fall 
trawl survey biomass index is below the annual index target, the target 
TAC for the subsequent fishing year shall be set equivalent to the 
monkfish landings for the previous fishing year, minus the percentage 
difference between the 3-year average biomass index and the annual index 
target.
    (B) If the 3-year running average of the NMFS fall trawl survey 
biomass index is above the annual index target, and the current estimate 
of F is below Fthreshold=Fmax, the target TAC for 
the subsequent fishing year shall be set equivalent to the previous 
year's landings, plus one-half the percentage difference between the 3-
year average biomass index and the annual index target, but not to 
exceed an amount calculated to generate an F in excess of 
Fthreshold. If current F cannot be determined, the target TAC 
shall be set at not more than 20 percent above the previous year's 
landings.
    (C) If the current estimate of F exceeds Fthreshold, the 
target TAC shall be reduced proportionally to stop overfishing, even if 
a reduction is not called for based on biomass index status as described 
in paragraph (b)(1)(ii)(A) of this section. For example, if F=0.24, and 
Fthreshold=0.2, then the target TAC shall be reduced to 20 
percent below the previous year's landings.
    (D) If the 3-year average biomass index is below the annual index 
target, and F is above Fthreshold, the method (F-based or 
biomass index based) that results in the greater reduction from the 
previous year's landings shall determine the target TAC for the 
subsequent fishing year.
    (E) If the observed index is above the 2009 index targets, the 
target TAC for the subsequent fishing year shall be based on the ratio 
of current F to F=0.2, applied to the previous year's landings. If 
current F cannot be determined, the target TAC shall be set at not more 
than 20 percent above previous year's landings.
    (F) If landings decline from the previous year and the current 3-
year average biomass index is above the annual index target, whether or 
not F can be determined, the MFMC shall include in its report, prepared 
under paragraph (a) of this section, after taking into account 
circumstances surrounding the landings decline, a recommendation to the 
Councils on whether the target TAC should be set at the previous year's 
landings or previous year's target TAC. The Councils shall consider the 
MFMC recommendation, and then recommend to the Regional Administrator 
whether the target TAC should be set at the previous year's landings or 
previous year's target TAC. If such a recommendation is made, the 
Regional Administrator must decide whether to promulgate measures 
consistent with the recommendation as provided for in paragraph (b)(4) 
of this section.
    (2) Setting trip limits for the SFMA. (i) Under the method described 
in paragraph (b)(1)(ii) of this section, if the SFMA target TAC is set 
at 8,000 mt or higher, the Regional Administrator shall adjust the trip 
limits according to the method described in paragraph (b)(2)(ii) of this 
section.
    (ii) Trip limit analysis procedures. Trip limits shall be determined 
annually by the process specified in Appendix II of

[[Page 430]]

Framework Adjustment 2 to the Monkfish FMP, using information from the 
mandatory fishing vessel trip reports (FVTR). This process is summarized 
in paragraphs (b)(2)(ii) (A) through (C) of this section.
    (A) The 1999 fishing year shall be used as the baseline year for 
this analysis, since it represents monkfish landings under relatively 
unconstrained conditions. The first step shall be to calculate the 
expected distribution of monkfish landings from the SFMA by permit 
category group (A and C, and B and D) under the proposed target TAC for 
the SFMA for the upcoming fishing year. This calculation shall be based 
on the distribution of monkfish landings for the most recent fishing 
year for which there is complete FVTR information (most recent fishing 
year). For example, for each permit category group, the distribution of 
landings under the proposed target SFMA TAC for the 2004 fishing year 
would be based on the distribution of landings from the SFMA for the 
2002 fishing year, the most recent fishing year for which complete FVTR 
would be available.
    (B) The second step shall be to compare the monkfish landings for 
the SFMA from the baseline year, assuming a trip limit was in place that 
is identical to the trip limit in the most recent fishing year, to the 
monkfish landings for the most recent fishing year, and to calculate a 
ratio estimator for each permit category group. This ratio shall then be 
multiplied by the trip level monkfish landings from the SFMA for the 
baseline year for each permit category group to simulate the monkfish 
landings that would have occurred during the most recent fishing year 
under an unconstrained landings-per-DAS limit. For example, the ratio 
calculated by comparing the SFMA monkfish landings by permit category 
group for the1999 fishing year to the most recent fishing year, fishing 
year 2002, would be applied to the SFMA trip level monkfish landings for 
the 1999 fishing year to produce estimated trip level monkfish landings 
for the 2002 fishing year under an unconstrained landings-per-DAS limit.
    (C) Using the estimated trip level monkfish landings for the most 
recent fishing year, expected monkfish landings under a range of 
potential trip limits shall be calculated for each permit category group 
for the upcoming fishing year as follows: Trips that landed monkfish 
from the SFMA in excess of a particular potential trip limit shall have 
monkfish landings reduced to that trip limit, and trips that landed 
monkfish from the SFMA in an amount equal to or lower than that 
particular trip limit shall remain at the actual amount of monkfish 
landed. Expected monkfish landings under each potential trip limit shall 
then be calculated for each permit category group by summing the 
adjusted monkfish landings of all trips that exceeded the potential trip 
limit and the monkfish landings of all trips that did not exceed the 
potential trip limit. The resulting data shall then be used to determine 
a functional relationship between potential trip limits and expected 
monkfish landings for each permit category group. These empirical 
functions shall then be used to calculate a landing-per-DAS limit for 
each permit category group for the upcoming fishing year, based on the 
expected distribution of monkfish landings by permit category group for 
the upcoming fishing year, as calculated under paragraph (b)(2)(ii)(A) 
of this section.
    (3) Setting DAS allocations for the SFMA. Under the method described 
in paragraph (b)(1)(ii) of this section, if the SFMA target TAC is set 
below 8,000 mt, the Regional Administrator shall set the trip limits as 
specified in paragraphs (b)(3)(i) and (ii) of this section, and adjust 
the DAS allocations according to the method described in paragraph 
(b)(3)(iii) of this section.
    (i) Category A and C vessels. Category A and C vessels fishing under 
the monkfish DAS program in the SFMA may land up to 550 lb (249 kg) 
tail-weight or 1,826 lb (828 kg) whole weight of monkfish per DAS (or 
any prorated combination of tail-weight and whole weight based on the 
conversion factor for tail-weight to whole weight of 3.32).
    (ii) Category B and D vessels. Category B and D vessels fishing 
under the monkfish DAS program in the SFMA may land up to 450 lb (204 
kg) tail-weight or 1,494 lb (678 kg) whole weight of monkfish per DAS 
(or any prorated combination of tail-weight and whole

[[Page 431]]

weight based on the conversion factor for tail-weight to whole weight of 
3.32).
    (iii) DAS analysis. This procedure involves setting a maximum DAS 
usage for all permit holders of 40 DAS; proportionally adjusting the 
landings to a given DAS value based on the trip limits specified under 
paragraphs (b)(3)(i) and (ii) of this section; and adjusting the 
landings according to the same methodology used in the trip limit 
analysis described in paragraph (b)(2)(ii) of this section.
    (A) Because limited access monkfish permit holders are allowed to 
carry over up to 10 DAS from the previous fishing year to the current 
fishing year, adjustments to DAS usage shall be made by first reducing 
the landings for all permit holders who used more than 40 DAS by the 
proportion of DAS exceeding 40, and then resetting the upperlimit of DAS 
usage to 40.
    (B) The expected landings at the adjusted DAS shall be calculated by 
adding the landings of all permit holders who used less than the 
proposed DAS limit to the landings of those who used more than the 
proposed DAS limit, where landings are reduced by the proportion of the 
proposed DAS limit to the actual DAS used by vessels during the baseline 
fishing year, 1999.
    (C) Landings shall be prorated between permit categories in the same 
manner used in the trip limit analysis procedures described under 
paragraph (b)(2)(iii) of this section.
    (4) Council TAC recommendations. As described in paragraph 
(b)(1)(ii)(F) of this section, if the Councils recommend a target TAC to 
the Regional Administrator, and the Regional Administrator concurs with 
this recommendation, the Regional Administrator shall promulgate the 
target TAC and associated management measures through rulemaking 
consistent with the APA. If the Regional Administrator does not concur 
with the Councils' recommendation, then the Councils shall be notified 
in writing of the reasons for the non-concurrence.
    (c) Annual and in-season framework adjustments to management 
measures--(1) Annual framework process. (i) Based on their annual 
review, the MFMC may develop and recommend, in addition to the target 
TACs and management measures established under paragraph (b) of this 
section, other options necessary to achieve the Monkfish FMP's goals and 
objectives, which may include a preferred option. The MFMC must 
demonstrate through analysis and documentation that the options it 
develops are expected to meet the Monkfish FMP goals and objectives. The 
MFMC may review the performance of different user groups or fleet 
sectors in developing options. The range of options developed by the 
MFMC may include any of the management measures in the Monkfish FMP, 
including, but not limited to: Closed seasons or closed areas; minimum 
size limits; mesh size limits; net limits; liver-to-monkfish landings 
ratios; annual monkfish DAS allocations and monitoring; trip or 
possession limits; blocks of time out of the fishery; gear restrictions; 
transferability of permits and permit rights or administration of vessel 
upgrades, vessel replacement, or permit assignment; and other 
frameworkable measures included in Sec. Sec. 648.55 and 648.90.
    (ii) The Councils shall review the options developed by the MFMC and 
other relevant information, consider public comment, and submit a 
recommendation to the Regional Administrator that meets the Monkfish 
FMP's objectives, consistent with other applicable law. The Councils' 
recommendation to the Regional Administrator shall include supporting 
documents, as appropriate, concerning the environmental and economic 
impacts of the proposed action and the other options considered by the 
Councils. Management adjustments made to the Monkfish FMP require 
majority approval of each Council for submission to the Secretary.
    (A) The Councils may delegate authority to the Joint Monkfish 
Oversight Committee to conduct an initial review of the options 
developed by the MFMC. The oversight committee would review the options 
developed by the MFMC and any other relevant information, consider 
public comment, and make a recommendation to the Councils.
    (B) If the Councils do not submit a recommendation that meets the 
Monkfish FMP's goals and objectives,

[[Page 432]]

and that is consistent with other applicable law, the Regional 
Administrator may adopt any option developed by the MFMC, unless 
rejected by either Council, provided such option meets the Monkfish 
FMP's goals and objectives, and is consistent with other applicable law. 
If either the NEFMC or MAFMC has rejected all options, then the Regional 
Administrator may select any measure that has not been rejected by both 
Councils.
    (iii) If the Councils submit, on or before January 7 of each year, a 
recommendation to the Regional Administrator after one framework 
meeting, and the Regional Administrator concurs with the recommendation, 
the recommendation shall be published in the Federal Register as a 
proposed rule. The Federal Register notification of the proposed action 
shall provide a public comment period in accordance with the 
Administrative Procedure Act. The Councils may instead submit their 
recommendation on or before February 1, if they choose to follow the 
framework process outlined in paragraph (c)(3) of this section and 
request that the Regional Administrator publish the recommendation as a 
final rule. If the Regional Administrator concurs that the Councils' 
recommendation meets the Monkfish FMP's goals and objectives, and is 
consistent with other applicable law, and determines that the 
recommended management measures should be published as a final rule, the 
action shall be published as a final rule in the Federal Register. If 
the Regional Administrator concurs that the recommendation meets the 
Monkfish FMP's goals and objectives, 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, fishing may continue. However, DAS used by a vessel on or after 
the start of a fishing year shall be counted against any DAS allocation 
the vessel ultimately receives for that year.
    (iv) Following publication of a proposed rule and after receiving 
public comment, if the Regional Administrator concurs in the Councils' 
recommendation, a final rule will be published in the Federal Register 
prior to the start of the next fishing year. If the Councils fail to 
submit a recommendation to the Regional Administrator by February 1 that 
meets the goals and objectives of the Monkfish FMP, the Regional 
Administrator may publish as a proposed rule one of the MFMC options 
reviewed and not rejected by either Council, provided the option meets 
the goals and objectives of the Monkfish FMP, and is consistent with 
other applicable law.
    (2) In-season Action. At any time, the Councils or the Joint 
Monkfish Oversight Committee (subject to the approval of the Councils' 
Chairmen) may initiate action to add or adjust management measures, if 
it is determined that action is necessary to meet or be consistent with 
the goals and objectives of the Monkfish FMP. Recommended adjustments to 
management measures must come from the categories specified under 
paragraph (c)(1)(i) of this section. In addition, the procedures for 
framework adjustments specified under paragraph (c)(3) of this section 
must be followed.
    (3) Framework Adjustment Procedures. Framework adjustments shall 
require at least one initial meeting of the Monkfish Oversight Committee 
or one of the Councils (the agenda must include notification of the 
framework adjustment proposal) and at least two Council meetings, one at 
each Council. The Councils 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 the first of the two final 
Council meetings. Framework adjustments and amendments to the Monkfish 
FMP require majority approval of each Council for submission to the 
Secretary.
    (i) Councils' recommendation. After developing management actions 
and receiving public testimony, the Councils shall make a recommendation 
to the Regional Administrator. The Councils' 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 
Councils recommend that the management

[[Page 433]]

measures should be issued as a final rule, the Councils must consider at 
least the following four factors and provide support and analysis for 
each factor considered:
    (A) 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;
    (B) Whether there has been adequate notice and opportunity for 
participation by the public and members of the affected industry in the 
development of the Councils' recommended management measures;
    (C) Whether there is an immediate need to protect the resource or to 
impose management measures to resolve gear conflicts; and
    (D) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (ii) Action by NMFS. (A) If the Regional Administrator approves the 
Councils' recommended management measures and determines that the 
recommended management measures should be issued as a final rule based 
on the factors specified in paragraph (c)(3)(i) of this section, the 
Secretary may, for good cause found under the standard of the 
Administrative Procedure Act, waive the requirement for a proposed rule 
and opportunity for public comment in the Federal Register. The 
Secretary, in so doing, shall publish only the final rule. Submission of 
the recommendations does not preclude the Secretary from deciding to 
provide additional opportunity for prior notice and comment in the 
Federal Register.
    (B) If the Regional Administrator concurs with the Councils' 
recommendation and determines that the recommended management measures 
should be published first as a proposed rule, then the measures shall be 
published as a proposed rule in the Federal Register. After additional 
public comment, if NMFS concurs with the Councils' recommendation, then 
the measures shall be issued as a final rule in the Federal Register.
    (C) If the Regional Administrator does not concur, then the Councils 
shall be notified in writing of the reasons for the non-concurrence.
    (iii) Adjustments for gear conflicts. The Councils may develop a 
recommendation on measures to address gear conflict as defined under 
Sec. 600.10 of this chapter, in accordance with the procedure specified 
in Sec. 648.55(d) and (e).
    (d) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(c) of the Magnuson-Stevens Act.

[64 FR 54751, Oct. 7, 1999, as amended at 68 FR 22330, Apr. 28, 2003; 68 
FR 36947, June 20, 2003]



    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, with at least a 50-percent probability of success, 
a fishing mortality rate (F) that produces the maximum yield per recruit 
(Fmax): Commercial, recreational, and research 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 and requests for 
research quota as described in paragraph (f) of this section, the Summer 
Flounder Monitoring Committee shall recommend to the Demersal Species 
Committee of the MAFMC and the Commission the following measures to 
ensure, with at least a 50-percent probability of

[[Page 434]]

success, that the F specified in paragraph (a) of this section will not 
be exceeded:
    (1) Research quota set from a range of 0 to 3 percent of the maximum 
allowed to achieve the specified F.
    (2) Commercial quota set from a range of 0 to the maximum allowed to 
achieve the specified F, set after reductions for research quota.
    (3) Commercial minimum fish size.
    (4) Minimum mesh size.
    (5) Recreational possession limit set from a range of 0 to 15 summer 
flounder to achieve the specified F, set after reductions for research 
quota.
    (6) Recreational minimum fish size.
    (7) Recreational season.
    (8) Recreational state conservation equivalent and precautionary 
default measures utilizing possession limits, minimum fish sizes, and/or 
seasons set after reductions for research quota.
    (9) Restrictions on gear other than otter trawls.
    (10) 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 
ensure, with at least a 50-percent probability of success, 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 
ensure, with at least a 50-percent probability of success, 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.
    (d) Commercial measures. After such review, the Regional 
Administrator will publish a proposed rule in the Federal Register to 
implement a coastwide commercial quota, a recreational harvest limit, 
and additional management measures for the commercial fishery. After 
considering public comment, NMFS will publish a final rule in the 
Federal Register to implement the measures necessary to ensure, with at 
least a 50-percent probability of success, that the applicable specified 
F will not be exceeded.
    (1) Distribution of annual quota. (i) The annual commercial quota 
will be distributed to the states, based upon the following percentages:

                     ANNUAL COMMERCIAL QUOTA SHARES
------------------------------------------------------------------------
                        State                           Share (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
------------------------------------------------------------------------

    (ii) 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 landings in excess of the commercial 
quota in any state will be deducted from that state's annual quota for 
the following year in the final rule that establishes the annual state-
by-state quotas. The overage deduction will be based on landings for the 
current year through October 31, and on landings for the previous 
calendar year that were not included when the overage deduction was made 
in the final rule that established the annual quota for the current 
year. If the Regional Administrator determines during the fishing year 
that any part of an overage deduction was based on erroneous landings 
data that were in excess of actual landings for the period concerned, 
he/she will restore the overage that was deducted in error to the

[[Page 435]]

appropriate quota allocation. The Regional Administrator will publish a 
notice in the Federal Register announcing such restoration.
    (2) Quota transfers and combinations. Any state implementing a state 
commercial quota for summer flounder 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.
    (3) 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-Stevens Act.
    (4) 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.
    (5) 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.
    (6) 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)(1)(i) of this section.
    (e) Recreational 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 and Commission measures 
necessary to ensure, with at least a 50-percent probability of success, 
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 ensure, with at least a 50-percent probability of success, 
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 Council and the Commission will recommend that the 
Regional Administrator implement either:
    (1) Coastwide measures. Annual coastwide management measures that 
constrain the recreational summer flounder fishery to the recreational 
harvest limit, or
    (2) Conservation equivalent measures. States may implement different 
combinations of minimum fish sizes, possession limits, and closed 
seasons that achieve equivalent conservation as the coastwide measures 
established under paragraph (e)(1) of this section. Each state may 
implement measures by

[[Page 436]]

mode or area only if the proportional standard error of Marine 
Recreational Statistical Survey landings estimates by mode or area for 
that state are less than 30 percent.
    (i) After review of the recommendations, the Regional Administrator 
will publish a proposed rule in the Federal Register on or about March 1 
to implement the overall percent adjustment in recreational landings 
required for the fishing year, the Council and Commission's 
recommendation concerning state conservation equivalency, the 
precautionary default measures, and coastwide measures.
    (ii) During the public comment period on the proposed rule, the 
Commission will review state conservation equivalency proposals and 
determine whether or not they achieve the necessary adjustment to 
recreational landings. The Commission will provide the Regional 
Administrator with the individual state conservation measures for the 
approved state proposals, and in the case of disapproved state 
proposals, the precautionary default measures.
    (iii) The Commission may allow states assigned the precautionary 
default measures to resubmit revised management measures. The Commission 
will detail the procedures by which the state can develop alternate 
measures. The Commission will notify the Regional Administrator of any 
resubmitted state proposals approved subsequent to publication of the 
final rule and the Regional Administrator will publish a notice in the 
Federal Register to notify the public.
    (iv) After considering public comment, the Regional Administrator 
will publish a final rule in the Federal Register to implement either 
the state specific conservation equivalency measures or coastwide 
measures to ensure that the applicable specified target is not exceeded.
    (f) Research quota. See Sec. 648.21(g).

[66 FR 36211, July 11, 2001, as amended at 66 FR 42160, Aug. 10, 2001; 
67 FR 6880, Feb. 14, 2002; 67 FR 50372, Aug. 2, 2002]



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.

    Unless otherwise specified pursuant to Sec. 648.107, vessels that 
are not eligible for a moratorium permit under Sec. 648.4(a)(3) and 
fishermen subject to the possession limit may fish for summer flounder 
from January 1 through December 31. This time period may be adjusted 
pursuant to the procedures in Sec. 648.100.

[67 FR 50372, Aug. 2, 2002]



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) Unless otherwise specified pursuant to Sec. 648.107, the minimum 
size for summer flounder is 17 inches (43.2 cm) TL for all vessels that 
do not qualify for a moratorium permit, and charter boats holding a 
moratorium permit if fishing with more than three crew members, or party 
boats holding a

[[Page 437]]

moratorium permit if fishing with passengers for hire or carrying more 
than five 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; 66 FR 39291, July 30, 2001; 67 FR 50372, Aug. 2, 2002]



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[min] 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.
    (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

[[Page 438]]

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) Unless otherwise specified pursuant to Sec. 648.107, no person 
shall possess more than four 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 subject to the 
possession limit when carrying passengers for hire or when carrying more 
than five crew members for a party boat, or more than three crew members 
for a charter boat. This possession limit may be adjusted pursuant to 
the procedures in Sec. 648.100.
    (b) If whole summer flounder are processed into fillets, the number 
of fillets will be converted to whole summer flounder at the place of 
landing by dividing the fillet number by two. If summer flounder are 
filleted into single (butterfly) fillets, each fillet is deemed to be 
from one whole summer flounder.
    (c) Summer flounder harvested by vessels subject to the possession 
limit with more than one person on board may be pooled in one or more 
containers. Compliance with the daily possession limit will be 
determined by dividing the number of summer flounder on board by the 
number of persons on board, other than the captain and the crew. If 
there is a violation of the possession limit on board a vessel carrying 
more than one person, the violation shall be deemed to have been 
committed by the owner and operator.
    (d) Owners and operators of otter trawl vessels issued a permit 
under Sec. 648.4(a)(3) that fish with or possess 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

[[Page 439]]

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; 66 FR 39292, July 30, 2001; 67 FR 50372, Aug. 2, 
2002; 68 FR 44236, July 28, 2003]



Sec. 648.106  Sea Turtle conservation.

    Sea turtle regulations are found at 50 CFR parts 222 and 223.

[64 FR 57595, Oct. 26, 1999]



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

    (a) The Regional Administrator has determined that the recreational 
fishing measures proposed to be implemented by the states of Maine 
through North Carolina for 2003 are the conservation equivalent of the 
season, minimum size and possession limit prescribed in Secs. 648.102, 
648.103 and 648.105(a), respectively. This determination is based on a 
recommendation from the Summer Flounder Board of the Atlantic States 
Marine Fisheries Commission.
    (1) Federally permitted vessels subject to the recreational fishing 
measures of this part, and other recreational fishing vessels harvesting 
summer flounder in or from the EEZ and subject to the recreational 
fishing measures of this part, landing summer flounder in a state whose 
fishery management measures are determined by the Regional Administrator 
to be conservation equivalent shall not be subject to the more 
restrictive Federal measures, pursuant to the provisions of 
Sec. 648.4(b). Those vessels shall be subject to the recreational 
fishing measures implemented by the state in which they land.
    (2) [Reserved]
    (b) Federally permitted vessels subject to the recreational fishing 
measures of this part, and other recreational fishing vessels registered 
in states and subject to the recreational fishing measures of this part, 
whose fishery management measures are not determined by the Regional 
Administrator to be the conservation equivalent of the season, minimum 
size and possession limit prescribed in Secs. 648.102, 648.103(b) and 
648.105(a), respectively, due to the lack of, or the reversal of, a 
conservation equivalent recommendation from the Summer Flounder Board of 
the Atlantic States Marine Fisheries Commission shall be subject to the 
following precautionary default measures: Season through January 1 
through December 31; minimum size - 18 inches (45.7 cm); and possession 
limit - one fish.

[67 FR 50372, Aug. 2, 2002, as amended at 68 FR 44236, July 28, 2003]



Sec. 648.108  Framework adjustments to management measures.

    (a) Within season management action. The Council, at any time, may 
initiate action to add or adjust management measures within the Summer 
Flounder, Scup, and Black Sea Bass FMP if it finds that action is 
necessary to meet or be consistent with the goals and objectives of the 
plan.
    (1) Adjustment process. The Council shall develop and analyze 
appropriate management actions over the span of at least two Council 
meetings. The Council must provide the public with advance notice of the 
availability of the recommendation(s), appropriate justification(s) and 
economic and biological analyses, and the opportunity to comment on the 
proposed adjustment(s) at the first meeting and prior to and at the 
second Council meeting. The Council's recommendations on adjustments or 
additions to management measures must come from one or more of the 
following categories: Minimum fish size, maximum fish size, gear 
restrictions, gear requirements or prohibitions, permitting 
restrictions, recreational possession limit, recreational seasons, 
closed areas, commercial seasons, commercial trip limits, commercial 
quota system including commercial quota allocation procedure and 
possible quota set asides to mitigate bycatch, recreational harvest 
limit, annual specification quota setting process, FMP Monitoring 
Committee composition and process, description and

[[Page 440]]

identification of essential fish habitat (and fishing gear management 
measures that impact EFH), description and identification of habitat 
areas of particular concern, overfishing definition and related 
thresholds and targets, regional gear restrictions, regional season 
restrictions (including option to split seasons), restrictions on vessel 
size (LOA and GRT) or shaft horsepower, operator permits, any other 
commercial or recreational management measures, any other management 
measures currently included in the FMP, and set aside quota for 
scientific research.
    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Administrator. The Council's recommendation must include 
supporting rationale, 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 
Council recommends that the management measures should be issued as a 
final rule, it 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 the regulations would 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 recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) NMFS action. If the Council's recommendation includes 
adjustments or additions to management measures and, if after reviewing 
the Council's recommendation and supporting information:
    (i) NMFS concurs with the Council'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 (a)(2) of 
this section, the measures will be issued as a final rule in the Federal 
Register.
    (ii) If NMFS concurs with the Council's recommended management 
measures 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 Council recommendation, the measures 
will be issued as a final rule and published in the Federal Register.
    (iii) If NMFS does not concur, the Council will be notified in 
writing of the reasons for the non-concurrence.
    (4) Emergency actions. 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.
    (b) [Reserved]

[64 FR 57595, Oct. 26, 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: Commercial, recreational and research 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. 
This review will be conducted to determine the allowable levels of 
fishing and other restrictions necessary to achieve the F that produces 
the maximum yield per recruit (Fmax).
    (b) Recommended measures. Based on this review and requests for 
research quota as described in paragraph (e) of

[[Page 441]]

this section, the Scup Monitoring Committee shall recommend the 
following measures to the Demersal Species Committee of the MAFMC and 
the Commission to ensure 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, set after 
the deduction for research quota. 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) Possession limits for the Winter I and Winter II periods. The 
possession limit is the maximum quantity of scup that is allowed to be 
landed within a 24-hour period (calendar day).
    (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.
    (6) Recreational possession limit set from a range of 0 to 50 scup 
to achieve the specified exploitation rate, set after the reduction for 
research quota.
    (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'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 to implement a commercial 
quota in the Federal Register, specifying the amount of quota allocated 
to each of the three periods, landings 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. If the Regional Administrator determines that additional 
recreational measures are necessary to assure that the specified 
exploitation rate will not be exceeded, he or she will publish a 
proposed rule in the Federal Register to implement additional management 
measures for the recreational fishery. After considering public comment, 
the Regional Administrator will publish a final rule in the Federal 
Register to implement 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 commercial quotas for each period will each be distributed 
to the coastal states from Maine through North Carolina on a coastwide 
basis.
    (3) All scup landed for sale in any state during a quota period 
shall be applied against the coastwide commercial quota for that period, 
regardless of where the scup were harvested. Any current year landings 
in excess of the commercial quota in any quota period will be deducted 
from that quota period's annual quota in the following year as 
prescribed below:
    (i) For the Winter I and Summer quota periods, landings in excess of 
the allocation will be deducted from the appropriate quota period for 
the following year in the final rule that establishes the annual quota. 
The overage deduction will be based on landings for the current year 
through October 31, and on landings for the previous calendar year that 
were not included when the overage deduction was made in the final rule 
that established the period quotas for the current year. If the Regional 
Administrator determines during the fishing year that any part of

[[Page 442]]

an overage deduction was based on erroneous landings data that were in 
excess of actual landings for the period concerned, he/she will restore 
the overage that was deducted in error to the appropriate quota 
allocation. The Regional Administrator will publish a notice in the 
Federal Register announcing the restoration.
    (ii) For the Winter II quota period, landings in excess of the 
allocation will be deducted from the Winter II period for the following 
year in a notice published in the Federal Register during July of the 
following year. The overage deduction will be based on landings 
information available for the Winter II period as of June 30 of the 
following year. If the Regional Administrator determines during the 
fishing year that any part of an overage deduction was based on 
erroneous landings data that were in excess of actual landings for the 
period concerned, he/she will restore the overage that was deducted in 
error to the appropriate quota allocation. The Regional Administrator 
will publish a notice in the Federal Register announcing the 
restoration.
    (e) Research quota. See Sec. 648.21(g).

[61 FR 43426, Aug. 23, 1996, as amended at 62 FR 27984, May 22, 1997; 65 
FR 33497, May 24, 2000; 66 FR 12911, Mar. 1, 2001; 66 FR 42161, Aug. 10, 
2001; 66 FR 45187, Aug. 28, 2001; 67 FR 6880, Feb. 14, 2002]



Sec. 648.121  Closures.

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

[62 FR 27985, May 22, 1997, as amended at 65 FR 33497, May 24, 2000]



Sec. 648.122  Time and area restrictions.

    (a) Southern Gear Restricted Area- (1) Restrictions. From January 1 
through March 15, all trawl vessels in the Southern Gear Restricted Area 
that fish for or possess non-exempt species as specified in paragraph 
(a)(2) of this section, except for vessels participating in the Gear 
Restricted Area Exemption Program that are fishing with modified trawl 
gear and carrying a NMFS-certified observer as specified in paragraph 
(d) of this section, 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. 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 headrope, excluding any turtle excluder device extension, 
unless otherwise specified in this section. The Southern Gear Restricted 
Area is an area bounded by straight lines connecting the following 
points in the order stated (copies of a chart depicting the area are 
available from the Regional Administrator upon request):

                      Southern Gear Restricted Area
------------------------------------------------------------------------
                       Point                         N. lat.    W. long.
------------------------------------------------------------------------
SGA1..............................................  39[deg]20  72[deg]50
                                                        [min]      [min]
SGA2..............................................  39[deg]20  72[deg]25
                                                        [min]      [min]
SGA3..............................................  38[deg]00  73[deg]55
                                                        [min]      [min]
SGA4..............................................  37[deg]00  74[deg]40
                                                        [min]      [min]
SGA5..............................................  36[deg]30  74[deg]40
                                                        [min]      [min]
SGA6..............................................  36[deg]30  75[deg]00
                                                        [min]      [min]
SGA7..............................................  37[deg]00  75[deg]00
                                                        [min]      [min]
SGA8..............................................  38[deg]00  74[deg]20
                                                        [min]      [min]
SGA1..............................................  39[deg]20  72[deg]50
                                                        [min]      [min]
------------------------------------------------------------------------

    (2) Non-exempt species. Unless otherwise specified in paragraph (d) 
of this section, the restrictions specified in paragraph (a)(1) of this 
section apply only to vessels in the Southern Gear Restricted Area that 
are fishing for or in possession of the following non-exempt species: 
Loligo squid, black sea bass and silver hake (whiting).
    (b) Northern Gear Restricted Area I- (1) Restrictions. From November 
1 through December 31, all trawl vessels in the Northern Gear Restricted 
Area I that fish for or possess non-exempt species as specified in 
paragraph (b)(2) of this

[[Page 443]]

section, except for vessels participating in the Gear Restricted Area 
Exemption Program that are fishing with modified trawl gear and carrying 
a NMFS-certified observer as specified in paragraph (d) of this section, 
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. 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 
headrope, excluding any turtle excluder device extension, unless 
otherwise specified in this section. The Northern Gear Restricted Area I 
is an area bounded by straight lines connecting the following points in 
the order stated (copies of a chart depicting the area are available 
from the Regional Administrator upon request):

                     Northern Gear Restricted Area I
------------------------------------------------------------------------
                       Point                         N. lat.    W. long
------------------------------------------------------------------------
NGA1..............................................  41[deg]00  71[deg]00
                                                        [min]      [min]
NGA2..............................................  41[deg]00  71[deg]30
                                                        [min]      [min]
NGA3..............................................  40[deg]00  72[deg]40
                                                        [min]      [min]
NGA4..............................................  40[deg]00  72[deg]05
                                                        [min]      [min]
NGA1..............................................  41[deg]00  71[deg]00
                                                        [min]      [min]
------------------------------------------------------------------------

    (2) Non-exempt species. Unless otherwise specified in paragraph (d) 
of this section, the restrictions specified in paragraph (b)(1) of this 
section apply only to vessels in the Northern Gear Restricted Area I 
that are fishing for, or in possession of, the following non-exempt 
species: Loligo squid, black sea bass and silver hake (whiting).
    (c) Transiting. Vessels that are subject to the provisions of the 
Southern and Northern GRAs, as specified in paragraphs (a) and (b) of 
this section, respectively, may transit these areas provided that trawl 
net codends on board of mesh size less than that specified in paragraphs 
(a) and (b) of this section are not available for immediate use and are 
stowed in accordance with the provisions of Sec.  648.23(b).
    (d) Gear Restricted Area Exemption Program. Vessels that are subject 
to the provisions of the Southern and Northern Gear Restricted Areas, as 
specified in paragraphs (a) and (b) of this section, respectively, may 
fish for, or possess, non-exempt species using trawl nets having a 
minimum mesh size less than that specified in paragraphs (a) and (b) of 
this section, provided that the following requirements are met:
    (1) The vessel carries on board all required Federal fishery permits 
and a Scup GRA Exemption Program Authorization issued by the Regional 
Administrator, Northeast Region;
    (2) The vessel carries a NMFS-certified observer on board if any 
portion of the trip will be, or is, in a GRA; and,
    (3) The vessel fishes in a GRA only with a specially modified trawl 
net that has an escapement extension consisting of a minimum of 45 
meshes of 5.5-inch (13.97-cm) square mesh that is positioned behind the 
body of the net and in front of the codend.
    (e) Addition or deletion of exemptions. The MAFMC may recommend to 
the Regional Administrator, through the framework procedure specified in 
Sec.  648.108(a), additions or deletions to exemptions for fisheries 
other than scup. A fishery may be restricted or exempted by area, gear, 
season, or other means determined to be appropriate to reduce bycatch of 
scup.
    (f) Exempted experimental fishing. The Regional Administrator may 
issue an exempted experimental fishing permit (EFP) under the provisions 
of Sec. 600.745(b), consistent with paragraph (d)(2) of this section, to 
allow any vessel participating in a scup discard mitigation research 
project to engage in any of the following activities: Fish in the 
applicable gear restriction area, use fishing gear that does not conform 
to the regulations, possess non-exempt species specified in paragraphs 
(a)(2) and (b)(2) of this section, or engage in any other activity 
necessary to project operations for which an exemption from regulatory 
provision is required. Vessels issued an EFP must comply with all 
conditions and restrictions specified in the EFP.
    (1) A vessel participating in an exempted experimental fishery in 
the Scup Gear Restriction Area(s) must carry an EFP authorizing the 
activity and any required Federal fishery permit on board.
    (2) The Regional Administrator may not issue an EFP unless s/he 
determines that issuance is consistent with

[[Page 444]]

the objectives of the FMP, the provisions of the Magnuson-Stevens Act, 
and other applicable law and will not:
    (i) Have a detrimental effect on the scup resource and fishery;
    (ii) Cause the quotas for any species of fish for any quota period 
to be exceeded;
    (iii) Create significant enforcement problems; or
    (iv) Have a detrimental effect on the scup discard mitigation 
research project.
    (g) 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 possess scup, except from January 1 through 
February 28 and from July 1 through November 30. This time period may be 
adjusted pursuant to the procedures in Sec. 648.120.

[65 FR 33497, May 24, 2000, as amended at 65 FR 81765, Dec. 27, 2000; 66 
FR 12911, Mar. 1, 2001; 66 FR 39292, July 30, 2001; 67 FR 50372, Aug. 2, 
2002; 68 FR 68, Jan. 2, 2003; 68 FR 12814, Mar. 18, 2003; 68 FR 44236, 
July 28, 2003]



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 500 lb (226.8 kg) or more of scup from November 1 
through April 30, or 100 lb (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 for no more than 25 continuous meshes 
forward of the terminus of the codend, and with at least 100 continuous 
meshes of 5.0-inch (12.7-cm) mesh forward of the 4.5-inch (11.43-cm) 
mesh. For trawl nets with codends (including an extension) less than 125 
meshes, the entire trawl net must have a minimum mesh size of 4.5 inches 
(11.43 cm) throughout the net. 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 requirements in Sec. 648.122 and 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 restrictions in Sec. 648.122 
and in paragraph (a)(1) of this section shall not use any mesh 
construction, mesh configuration, or other means on, in, or attached to 
the top of the regulated portion of the net, as defined in paragraph 
(a)(3) of this section, if it obstructs or constricts the meshes of the 
net in any manner.
    (ii) The owner or operator of a fishing vessel subject to the 
minimum mesh requirements in Sec. 648.122 and 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 500 lb (226.8 kg) or more of scup from November 1 through 
April 30, or 100 lb (45.4 kg) or more of scup from May 1 through October 
31, and subject to the minimum mesh requirements in paragraph (a) (1) of 
this section, and the owner or operator of a mid water trawl or other 
trawl vessel subject to the minimum mesh size requirement in Sec.  
648.122, may not have available for immediate use any net, or any piece 
of

[[Page 445]]

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 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.
    (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; 65 FR 33498, May 
24, 2000; 66 FR 12911, Mar. 1, 2001; 66 FR 66357, Dec. 26, 2001]



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 10 inches (25.4 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.

[61 FR 43426, Aug. 23, 1996, as amended at 66 FR 39292, July 30, 2001; 
67 FR 50373, Aug. 2, 2002]



Sec. 648.125  Possession limit.

    (a) No person shall possess more than 50 scup in, or harvested from, 
the EEZ unless that person is the owner or operator of a fishing vessel 
issued a scup moratorium permit, or is issued a scup dealer permit. 
Persons aboard a commercial vessel that is not eligible for a scup 
moratorium permit are subject to this possession limit. The owner, 
operator, and crew of a charter or party boat issued a scup moratorium 
permit are subject to the possession limit when carrying passengers for 
hire or when carrying more than five crew members for a party boat, or 
more than three crew members for a charter boat. This possession limit 
may be adjusted pursuant to the procedures in Sec. 648.120.

[[Page 446]]

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

[61 FR 43426, Aug. 23, 1996, as amended at 66 FR 39292, July 30, 2001; 
67 FR 50373, Aug. 2, 2002; 68 FR 44236, July 28, 2003]



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]



Sec. 648.127  Framework adjustments to management measures.

    (a) Within season management action. See Sec. 648.108(a).
    (1) Adjustment process. See Sec. 648.108(a)(1).
    (2) Council recommendation. See Sec. 648.108(a)(2)(i) through (iv).
    (3) NMFS action. See Sec. 648.108(a)(i) through (iii).
    (4) Emergency actions. See Sec. 648.108(a)(4).
    (b) [Reserved]

[64 FR 57595, Oct. 26, 1999, as amended at 64 FR 66587, Nov. 29, 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 37 
percent in 2001 and 2002; and 23 percent (based on Fmax) in 2003 and 
subsequent years: Commercial, recreational, and research 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 and requests for 
research quota as described in paragraph (e) of this section, the Black 
Sea Bass Monitoring Committee will recommend to the Demersal Species 
Committee of the Council and the Commission the following measures to 
ensure that the target exploitation rate specified in paragraph (a) of 
this section is not exceeded:
    (1) A commercial quota allocated annually, set from a range of zero 
to the maximum allowed to achieve the specified target exploitation 
rate, set after the deduction for research quota.
    (2) A commercial possession limit for all moratorium vessels may be 
set from a range of zero to the maximum allowed to assure that the 
annual

[[Page 447]]

coastwide quota is not exceeded, with the provision that these 
quantities be the maximum allowed to be landed within a 24-hour period 
(calendar day).
    (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, set after the 
reduction for research quota.
    (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 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 final rule. 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 to implement a commercial quota, a recreational harvest 
limit, and additional management measures for the commercial fishery. If 
the Regional Administrator determines that additional recreational 
measures are necessary to assure that the target exploitation rate 
specified in paragraph (a) of this section will not be exceeded, he or 
she will publish a proposed rule in the Federal Register to implement 
additional management measures for the recreational fishery. 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 on March 31, 2003, a 
commercial annual coastwide quota will be allocated to the commercial 
black sea bass fishery.
    (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 the commercial annual 
coastwide quota, regardless of where the black sea bass were harvested. 
All black sea bass harvested north of 35[deg]15.3[min] 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 annual coastwide quota will have been 
harvested; beginning on that date and through the end of the calendar 
year, the EEZ north of 35[deg]15.3[min] N. lat. will be closed to the 
possession of black sea bass. The Regional Administrator will publish 
notification in the Federal Register advising that, upon, and after, 
that date, no vessel may possess black sea bass in the EEZ north of 
35[deg]15.3[min] 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.
    (3) Landings in excess of the annual coastwide quota will be 
deducted from the quota allocation for the following year in the final 
rule that establishes the annual quota. The overage deduction will be 
based on landings for the

[[Page 448]]

current year through September 30, and landings for the previous 
calendar year that were not included when the overage deduction was made 
in the final rule that established the annual coastwide quota for the 
current year. If the Regional Administrator determines during the 
fishing year that any part of an overage deduction was based on 
erroneous landings data that were in excess of actual landings for the 
period concerned, he/she will restore the overage that was deducted in 
error to the appropriate quota allocation. The Regional Administrator 
will publish notification in the Federal Register announcing the 
restoration.
    (e) Research quota. See Sec. 648.21(g).

[61 FR 58467, Nov. 15, 1996, as amended at 66 FR 12911, Mar. 1, 2001; 66 
FR 42161, Aug. 10, 2001; 67 FR 6881, Feb. 14, 2002; 68 FR 10183, Mar. 4, 
2003]



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)(7), and fishermen subject to the possession limit, may not 
possess black sea bass, except from January 1 through September 1 and 
September 16 through November 30. This time period may be adjusted 
pursuant to the procedures in Sec. 648.140.

[68 FR 44236, July 28, 2003]



Sec. 648.143  Minimum sizes.

    (a) The minimum size for black sea bass is 11 inches (27.94 cm) 
total length for all vessels issued a moratorium permit under Sec. 648.4 
(a)(7) that fish for, possess, land or retain black sea bass in or from 
U.S. waters of the western Atlantic Ocean from 35[min] 15.3 N. Lat., the 
latitude of Cape Hatteras Light, North Carolina, northward to the U.S.-
Canadian 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 12 inches (30.5 cm) TL 
for all vessels that do not qualify for a moratorium permit, and for 
party boats holding a moratorium permit, if fishing with passengers for 
hire or carrying more than five crew members, and for 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; 66 
FR 39292, July 30, 2001; 66 FR 66357, Dec. 26, 2001; 67 FR 50373, Aug. 
2, 2002; 68 FR 44236, July 28, 2003]



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 500 lb (226.8 kg) or more of black sea bass from January 1 
through March 31, or 100 lb (45.4 kg) or more of black sea bass from 
April 1 through December 31, must fish with nets that have a minimum 
mesh size of 4.5 inch (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 less than 75 meshes, the entire net must have a 
minimum mesh size of 4.5 inch (11.43-cm) diamond mesh throughout.
    (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,

[[Page 449]]

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 
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) 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 that complies 
with one of the following minimum sizes: 1.375 inches (3.49 cm) by 5.75 
inches (14.61 cm); or a circular vent 2.375 inches (6.03 cm) in 
diameter; or a square vent with sides of 2 inches (5.08 cm), inside 
measure; however, black sea bass traps constructed of wooden lathes may 
have instead an escape vent constructed by leaving a space of at least 
1.375 inches (3.49 cm) between one set of lathes in the parlor portion 
of the trap. These dimensions for escape vents and lathe 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; 66 FR 66357, Dec. 26, 2001]



Sec. 648.145  Possession limit.

    (a) No person shall possess more than 25 black sea bass in, or 
harvested from the EEZ unless that person is the owner or operator of a 
fishing vessel issued a black sea bass moratorium permit, or is issued a 
black sea bass

[[Page 450]]

dealer permit. Persons aboard a commercial vessel that is not eligible 
for a black sea bass moratorium permit are subject to this possession 
limit. The owner, operator, and crew of a charter or party boat issued a 
black sea bass moratorium permit are subject to the possession limit 
when carrying passengers for hire or when carrying more than five crew 
members for a party boat, or more than three crew members for a charter 
boat. This possession limit may be adjusted pursuant to the procedures 
in Sec. 648.140.
    (b) 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.
    (c) 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.
    (d) Owners or operators of otter trawl vessels issued a moratorium 
permit under Sec. 648.4 (a)(7) and fishing with, or possessing on board, 
nets or pieces of net that do not meet the minimum mesh requirements 
specified in Sec.  648.144(a) and that are not stowed in accordance with 
Sec. 648.144 (a)(4), may not retain more than 500 lb (226.8 kg) of black 
sea bass from January 1 through March 31, or more than 100 lb (45.4 kg) 
of black sea bass from April 1 through December 31. 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; 66 
FR 39292, July 30, 2001; 66 FR 66358, Dec. 26, 2001]



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 
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

[[Page 451]]

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.



Sec. 648.147  Framework adjustments to management measures.

    (a) Within season management action. See Sec. 648.108(a).
    (1) Adjustment process. See Sec. 648.108(a)(1).
    (2) Council recommendation. See Sec. 648.108(a)(2)(i) through (iv).
    (3) Regional Administrator action. See Sec. 648.108(a)(i) through 
(iii).
    (4) Emergency actions. See Sec. 648.108(a)(4).
    (b) [Reserved]

[64 FR 57595, Oct. 26, 1999, as amended at 64 FR 66587, Nov. 29, 1999]



    Subpart J--Management Measures for the Atlantic Bluefish Fishery

    Source: 65 FR 45852, July 26, 2000, unless otherwise noted.



Sec. 648.160  Catch quotas and other restrictions.

    The fishing year is from January 1 through December 31.
    (a) Annual review. On or before August 15 of each year, the Bluefish 
Monitoring Committee will meet to determine the total allowable level of 
landings (TAL) and other restrictions necessary to achieve the target 
fishing mortality rate (F) specified in the Fishery Management Plan for 
Atlantic Bluefish for the upcoming fishing year or the estimated F for 
the fishing year preceding the Council submission of the recommended 
specifications, whichever F is lower. In determining the TAL and other 
restrictions necessary to achieve the specified F, the Bluefish 
Monitoring Committee will review the following data, subject to 
availability: Commercial, recreational, and research 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 data; impact of gear other than otter trawls 
and gill nets on the mortality of bluefish; and any other relevant 
information.
    (b) Recommended measures. Based on the annual review and requests 
for research quota as described in paragraph (h) of this section, the 
Bluefish Monitoring Committee shall recommend to the Coastal Migratory 
Committee of the Council and the Commission the following measures to 
ensure that the F specified in paragraph (a) of this section will not be 
exceeded:
    (1) A TAL set from a range of 0 to the maximum allowed to achieve 
the specified F.
    (2) Research quota set from a range of 0 to 3 percent of TAL.
    (3) Commercial minimum fish size.
    (4) Minimum mesh size.
    (5) Recreational possession limit set from a range of 0 to 20 
bluefish to achieve the specified F.
    (6) Recreational minimum fish size.
    (7) Recreational season.
    (8) Restrictions on gear other than otter trawls and gill nets.
    (c) Allocation of TAL--(1) Recreational harvest limit. A total of 83 
percent of the TAL will be allocated to the recreational fishery as a 
harvest limit. If research quota is specified as described in paragraph 
(h) of this section, the recreational harvest limit will be based on the 
TAL remaining after the deduction of the research quota.
    (2) Commercial quota. A total of 17 percent of the TAL will be 
allocated to the commercial fishery as a quota. If 17 percent of the TAL 
is less than 10.5 million lb (4.8 million kg) and the recreational 
fishery is not projected to land its harvest limit for the upcoming 
year, the commercial fishery may be allocated up to 10.5 million lb (4.8 
million kg) as its quota, provided that the

[[Page 452]]

combination of the projected recreational landings and the commercial 
quota does not exceed the TAL. If research quota is specified as 
described in paragraph (h) of this section, the commercial quota will be 
based on the TAL remaining after the deduction of the research quota.
    (d) Annual fishing measures. The Council's Coastal Migratory 
Committee shall review the recommendations of the Bluefish Monitoring 
Committee. Based on these recommendations and any public comment, the 
Coastal Migratory Committee shall recommend to the Council measures 
necessary to ensure that the applicable specified F will not be 
exceeded. The Council shall review these recommendations and, based on 
the recommendations and any public comment, recommend to the Regional 
Administrator by September 1 measures necessary to ensure that the 
applicable specified F will not be exceeded. The Council's 
recommendations must include supporting documentation, as appropriate, 
concerning the environmental, economic, and social 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 on or 
about October 15, to implement a research quota, a coastwide commercial 
quota, a recreational harvest limit, and additional management measures 
for the commercial and recreational fisheries to ensure that the 
applicable specified F will not be exceeded. After considering public 
comment, NMFS will publish a final rule in the Federal Register.
    (e) Distribution of annual commercial quota. (1) The annual 
commercial quota will be distributed to the states, based upon the 
following percentages:

                     ANNUAL COMMERCIAL QUOTA SHARES
------------------------------------------------------------------------
                        STATE                              PERCENTAGE
------------------------------------------------------------------------
ME                                                                0.6685
NH                                                                0.4145
MA                                                                6.7167
RI                                                                6.8081
CT                                                                1.2663
NY                                                               10.3851
NJ                                                               14.8162
DE                                                                1.8782
MD                                                                3.0018
VA                                                               11.8795
NC                                                               32.0608
SC                                                                0.0352
GA                                                                0.0095
FL                                                               10.0597
TOTAL                                                          100.0000
------------------------------------------------------------------------
Note: The ``Total'' does not actually add up to 100.0000 because of
  rounding error.

    (2) All bluefish landed for sale in a state shall be applied against 
that state's annual commercial quota, regardless of where the bluefish 
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.
    (f) Quota transfers and combinations. Any state implementing a state 
commercial quota for bluefish 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 
bluefish 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 bluefish 
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.

[[Page 453]]

    (iii) The transfer is consistent with the objectives of the Bluefish 
FMP and Magnuson-Stevens 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 notification 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 
notification that the Regional Administrator has disapproved the 
previous request or when notification of the approval of the transfer or 
combination has been published in 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 (e)(1) of this section.
    (g) Based upon any changes in the landings data available from the 
states for the base years 1981-89, the Commission and the Council may 
recommend to the Regional Administrator that the states' shares 
specified in paragraph (e)(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.
    (h) Research quota. See Sec. 648.21(g).

[65 FR 45852, July 26, 2000, as amended at 66 FR 42162, Aug. 10, 2001]



Sec. 648.161  Closures.

    (a) EEZ closure. NMFS shall close the EEZ to fishing for bluefish by 
commercial vessels for the remainder of the calendar year by publishing 
notification in the Federal Register if the Regional Administrator 
determines that the inaction of one or more states will cause the 
applicable F specified in Sec. 648.160(a) to be exceeded, or if the 
commercial fisheries in all states have been closed. NMFS 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. NMFS 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 
bluefish in that state.



Sec. 648.162  Minimum fish sizes.

    If the Council determines through its annual review or framework 
adjustment process that minimum fish sizes are necessary to assure that 
the fishing mortality rate is not exceeded, or to attain other FMP 
objective, such measures will be enacted through the procedure specified 
in Sec. 648.160(d) or 648.165.



Sec. 648.163  Gear restrictions.

    If the Council determines through its annual review or framework 
adjustment process that gear restrictions are necessary to assure that 
the fishing mortality rate is not exceeded, or to attain other FMP 
objectives, such measures will be enacted through the procedure 
specified in Secs. 648.160(d) or 648.165.

[[Page 454]]



Sec. 648.164  Possession restrictions.

    (a) No person shall possess more than 15 bluefish in, or harvested 
from, the EEZ unless that person is the owner or operator of a fishing 
vessel issued a bluefish commercial permit or is issued a bluefish 
dealer permit. Persons aboard a vessel that is not issued a bluefish 
commercial permit are subject to this possession limit. The owner, 
operator, and crew of a charter or party boat issued a bluefish 
commercial 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) Bluefish 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 bluefish 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.

[65 FR 45852, July 26, 2000, as amended at 66 FR 23627, May 9, 2001]



Sec. 648.165  Framework specifications.

    (a) 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 Bluefish FMP.
    (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 the opportunity to comment on them 
prior to and at the second Council meeting. The Council's recommendation 
on adjustments or additions to management measures must come from one or 
more of the following categories: Minimum fish size, maximum fish size, 
gear restrictions, gear requirements or prohibitions, permitting 
restrictions, recreational possession limit, recreational season, closed 
areas, commercial season, description and identification of essential 
fish habitat (EFH), fishing gear management measures to protect EFH, 
designation of habitat areas of particular concern within EFH, and any 
other management measures currently included in the FMP.
    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council shall make a recommendation to 
the Regional Administrator. The Council'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 
Council recommends that the management measures should be issued as a 
final rule, the Council 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 Council's recommended management measures;
    (iii) Whether there is an immediate need to protect the resource; 
and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) Action by NMFS. If the Council's recommendation includes 
adjustments or additions to management measures and, after reviewing the 
Council's recommendation and supporting information:
    (i) If NMFS concurs with the Council's recommended management 
measures and determines that the recommended management measures should 
be issued as a final rule based

[[Page 455]]

on the factors specified in paragraph (a)(2) of this section, the 
measures will be issued as a final rule in the Federal Register.
    (ii) If NMFS concurs with the Council'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 Council's recommendation, the measures will be issued 
as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the Council will be notified in 
writing of the reasons for the non-concurrence.
    (b) 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.



     Subpart K--Management Measures for the Atlantic Herring Fishery

    Source: 65 FR 77467, Dec. 11, 2000, unless otherwise noted.



Sec. 648.200  Specifications.

    (a) The Atlantic Herring Plan Development Team (PDT) shall meet at 
least annually, but no later than July, with the Atlantic States Marine 
Fisheries Commission's (Commission) Atlantic Herring Plan Review Team to 
develop and recommend the following specifications for consideration by 
the New England Fishery Management Council's Atlantic Herring Oversight 
Committee: Optimum yield (OY), domestic annual harvest (DAH), domestic 
annual processing (DAP), total foreign processing (JVPt), joint venture 
processing (JVP), internal waters processing (IWP), U.S. at-sea 
processing (USAP), border transfer (BT), total allowable level of 
foreign fishing (TALFF), and reserve (if any). The PDT and PRT shall 
also recommend the total allowable catch (TAC) for each management area 
and sub-area, including seasonal quotas as specified at Sec.  
648.202(f). Recommended specifications shall be presented to the New 
England Fishery Management Council (Council).
    (b) Guidelines. As the basis for its recommendations under paragraph 
(a) of this section, the PDT shall review available data pertaining to: 
commercial and recreational catch data; current estimates of fishing 
mortality; stock status; recent estimates of recruitment; virtual 
population analysis results and other estimates of stock size; sea 
sampling and trawl survey data or, if sea sampling data are unavailable, 
length frequency information from trawl surveys; impact of other 
fisheries on herring mortality; and any other relevant information. The 
specifications recommended pursuant to paragraph (a) of this section 
must be consistent with the following:
    (1) OY must be equal to or less than the allowable biological catch 
(ABC) minus an estimate of the expected Canadian NB fixed gear and GB 
herring catch, which shall not exceed 20,000 mt for the NB fixed gear 
harvest and 10,000 mt for the Canadian GB harvest.
    (2) OY shall not exceed maximum sustainable yield (MSY), unless an 
OY that exceeds MSY in a specific year is consistent with a control rule 
that ensures the achievement of MSY and OY on a continuing basis; 
however, OY shall not exceed MSY prior to the 2001 fishing year.
    (3) Factors to be considered in assigning an amount, if any, to the 
reserve shall include:
    (i) Uncertainty and variability in the estimates of stock size and 
ABC;
    (ii) Uncertainty in the estimates of Canadian harvest from the 
coastal stock complex;
    (iii) The requirement to insure the availability of herring to 
provide controlled opportunities for vessels in other fisheries in the 
Mid-Atlantic and New England;
    (iv) Excess U.S. harvesting capacity available to enter the herring 
fishery;
    (v) Total world export potential by herring producer countries;
    (vi) Total world import demand by herring consuming countries;
    (vii) U.S. export potential based on expected U.S. harvests, 
expected U.S. consumption, relative prices, exchange rates, and foreign 
trade barriers;
    (viii) Increased/decreased revenues to U.S. harvesters (with/without 
joint ventures);

[[Page 456]]

    (ix) Increased/decreased revenues to U.S. processors and exporters; 
and
    (x) Increased/decreased U.S. processing productivity.
    (4) Adjustments to TALFF, if any, 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) The Atlantic Herring Oversight Committee shall review the 
recommendations of the PDT and shall consult with the Commission's 
Herring Section. Based on these recommendations and any public comment 
received, the Herring Oversight Committee shall recommend to the Council 
appropriate specifications. The Council shall review these 
recommendations and, after considering public comment, shall recommend 
appropriate specifications to NMFS. NMFS shall review the 
recommendations, consider any comments received from the Commission and, 
on or about September 15, shall publish notification in the Federal 
Register proposing specifications and providing a 30-day public comment 
period. If the proposed specifications differ from those recommended by 
the Council, the reasons for any differences shall be clearly stated and 
the revised specifications must satisfy the criteria set forth in this 
section.
    (d) On or about November 1 of each year, NMFS shall make a final 
determination concerning the specifications for Atlantic herring. 
Notification of the final specifications and responses to public 
comments shall be published in the Federal Register. If the final 
specification amounts differ from those recommended by the Council, 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. The previous year's specifications shall 
remain effective unless revised through the specification process. NMFS 
shall issue notification in the Federal Register if the previous year's 
specifications will not be changed.
    (e) In-season adjustments. (1) The specifications and TACs 
established pursuant to this section may be adjusted by NMFS, after 
consulting with the Council, during the fishing year by publishing 
notification in the Federal Register stating the reasons for such action 
and providing an opportunity for prior public comment. Any adjustments 
must be consistent with the Atlantic Herring FMP objectives and other 
FMP provisions.
    (2) If a total allowable catch reserve (TAC reserve) is specified 
for an area, NMFS may make any or all of that TAC reserve available to 
fishers after consulting with the Council. NMFS shall propose any 
release of the TAC reserve in the Federal Register and provide an 
opportunity for public comment. After considering any comments received, 
any release of the TAC reserve shall be announced through notification 
in the Federal Register.

[65 FR 77467, Dec. 11, 2000, as amended at 67 FR 3446, Jan. 24, 2002]



Sec. 648.201  Management areas.

    Three management areas, which may have different management 
measures, are established for the Atlantic herring fishery. Management 
Area 1 is subdivided into inshore and offshore sub-areas. The management 
areas are defined as follows:
    (a) Management Area 1 (Gulf of Maine): All U.S. waters of the Gulf 
of Maine (GOM) north of a line extending from the eastern shore of 
Monomoy Island at 41[deg] 35[min] N. lat., eastward to a point at 
41[deg] 35[min] N. lat., 69[deg] 00[min] W. long., thence northeasterly 
to a point along the Hague Line at 42[deg] 53[min]14[sec] N. lat., 
67[deg] 44[min]35[sec] W. long., thence northerly along the Hague Line 
to the U.S.-Canadian border, to include state and Federal waters 
adjacent to the States of Maine, New Hampshire, and Massachusetts. 
Management Area 1 is divided into Area 1A (inshore) and Area 1B 
(offshore). The line dividing these areas is described by the following 
coordinates:

                                 Area 1
------------------------------------------------------------------------
                  N. Latitude                          W. Longitude
------------------------------------------------------------------------
41[deg]58[min]                                    70[deg]00[min] at Cape
                                                           Cod shoreline
42[deg]38.4[min]                                          70[deg]00[min]
42[deg]53[min]                                            69[deg]40[min]
43[deg]12[min]                                            69[deg]00[min]
43[deg]40[min]                                            68[deg]00[min]
43[deg]58[min]                                       67[deg]22[min] (the
                                                    U.S.-Canada Maritime
                                                               Boundary)

[[Page 457]]

 
\(1)\                                                              \(1)\
------------------------------------------------------------------------
\1\Northward along the irregular U.S.-Canada maritime boundary to the
  shoreline.

    (b) Management Area 2 (South Coastal Area): All waters west of 
69[deg] 00[min] W. long. and south of 41[deg] 35[min] N. lat., to 
include state and Federal waters adjacent to the States of 
Massachusetts, Rhode Island, Connecticut, New York, New Jersey, 
Delaware, Maryland, Virginia, and North Carolina.
    (c) Management Area 3 (Georges Bank): All U.S. waters east of 
69[deg] 00[min] W. long. and southeast of the line that runs from a 
point at 69[deg] 00[min] W. long. and 41[deg] 35[min] N. lat., 
northeasterly to the Hague Line at 67[deg] 44[min]35[sec] W. long. and 
42[deg] 53[min]14[sec] N. lat.



Sec. 648.202  Total allowable catch (TAC) controls.

    (a) If NMFS determines that catch will reach or exceed 95 percent of 
the annual TAC allocated to a management area before the end of the 
fishing year, or 95 percent of the Area 1A TAC allocated to the first 
seasonal period as set forth in paragraph (f) of this section, NMFS 
shall prohibit a vessel, beginning the date the catch is projected to 
reach 95 percent of the TAC, from fishing for, possessing, catching, 
transferring, or landing 2,000 lb (907.2 kg) of Atlantic 
herring per trip and/or 2,000 lb (907.2 kg) of Atlantic 
herring per day in such area pursuant to paragraph (e) of this section, 
except as provided in paragraphs (c) and (d) of this section. These 
limits shall be enforced based on a calendar day, without regard to the 
length of the trip.
    (b) NMFS may raise the percent of the TAC that triggers imposition 
of the 2,000-lb (907.2-kg) limit specified in paragraph (a) of this 
section through the annual specification process described in Sec.  
648.200. Any lowering of the percent of the TAC that triggers the 2,000-
lb (907.2-kg) limit specified in paragraph (a) of this section must be 
accomplished through the framework adjustment or amendment processes.
    (c) A vessel may transit an area that is limited to the 2,000-lb 
(907.2-kg) limit specified in paragraph (a) of this section with 
 2,000 lb (907.2 kg) of herring on board, providing all 
fishing gear is stowed and not available for immediate use as required 
by Sec.  648.23(b).
    (d) A vessel may land in an area that is limited to the 2,000-lb 
(907.2-kg) limit specified in paragraph (a) of this section with 
 2,000 lb (907.2 kg) of herring on board, providing such 
herring were caught in an area or areas not subject to the 2,000-lb 
(907.2-kg) limit specified in paragraph (a) of this section and 
providing all fishing gear is stowed and not available for immediate use 
as required by Sec.  648.23(b).
    (e) NMFS shall implement fishing restrictions as specified in 
paragraph (a) of this section by publication of a notification in the 
Federal Register, without further opportunity for public comment.
    (f) The TAC for Management Area 1A is divided into two seasonal 
periods. The first season extends from January 1 through May 31, and the 
second season extends from June 1 through December 31. Seasonal TACs for 
Area 1A shall be set through the annual specification process described 
in Sec.  648.200.

[65 FR 77467, Dec. 11, 2000, as amended at 67 FR 3446, Jan. 24, 2002]



Sec. 648.203  Vessel size/horsepower limits.

    (a) To catch, take, or harvest Atlantic herring, a U.S. vessel 
issued an Atlantic herring permit must not exceed the specifications 
contained in Sec. 648.4(a)(10)(i)(B). If any such vessel exceeds such 
specifications, its permit automatically becomes invalid and the vessel 
may not catch, take, or harvest Atlantic herring, as applicable, in or 
from the EEZ.
    (b) A U.S. vessel issued an Atlantic herring processor permit may 
receive and process herring, providing such vessel is [le] 165 feet 
(50.3 m) in length overall, and [le] 750 GRT (680.4 mt). A U.S. vessel 
that is  165 feet (50.3 m) in length overall, or  
750 GRT (680.4 mt), may only receive and process herring provided that 
the vessel is issued an ``Atlantic herring processor permit'' described 
in Sec.  648.4(a)(10)(ii) and that the total amount of herring received 
or processed by such vessel does not exceed the USAP established in 
accordance with Sec. 648.200.

[[Page 458]]



Sec. 648.204  Herring roe restrictions.

    (a) Retention of herring roe. Herring may be processed for roe, 
provided that the carcasses of the herring are not discarded at sea.
    (b) Limits on the harvest of herring for roe. The Council may 
recommend to NMFS a limit on the amount of herring that may be harvested 
for roe to be implemented by framework adjustment in accordance with 
Sec. 648.206.



Sec. 648.205  VMS requirements.

    (a) Except for Atlantic herring carrier vessels, the owner or 
operator of any vessel issued an Atlantic herring permit that caught or 
landed  500 mt of Atlantic herring in the previous fishing 
year, or intends to catch or land, or catches or lands  500 
mt of Atlantic herring in the current fishing year, must have an 
operable VMS unit installed on board that meets the requirements of 
Sec. 648.9. The VMS unit must be certified, installed on board, and 
operable before the vessel may begin fishing.
    (b) A vessel owner or operator, except an owner or operator of an 
Atlantic herring carrier vessel, who intends to catch and land 
 500 mt of Atlantic herring must declare such intention to 
the Regional Administrator prior to obtaining an Atlantic herring 
fishing permit for the fishing year.
    (c) Except for Atlantic herring carrier vessels, the owner or 
operator of a vessel is prohibited from landing  500 mt of 
Atlantic herring caught in or from the EEZ during a fishing year, unless 
in compliance with Sec. 648.205(b).



Sec. 648.206  Framework provisions.

    (a) Annual review. The Herring PDT, in consultation with the 
Commission's PRT, shall review the status of the stock and the fishery. 
The PDT shall review available data pertaining to commercial and 
recreational catches, current estimates of fishing mortality, stock 
status, estimates of recruitment, virtual population analysis, and other 
estimates of stock size, sea sampling and trawl survey data or, if sea 
sampling data are unavailable, length frequency information from trawl 
surveys, the impact of other fisheries on herring mortality, and any 
other relevant information. Based on this review, the PDT shall report 
to the Council's Herring Oversight Committee no later than July, any 
necessary adjustments to the management measures and recommendations for 
the Atlantic herring annual specifications. The PDT, in consultation 
with the PRT, shall recommend the specifications, as well as an 
estimated TAC, as required by Sec. 648.200, for the following fishing 
year.
    (b) Based on these recommendations, the Herring Oversight Committee 
shall further recommend to the Council any measures necessary to insure 
that the annual specifications shall not be exceeded. The Council shall 
review these recommendations and any public comment received and, after 
consulting with the Commission, shall recommend appropriate 
specifications to NMFS, as described in Sec. 648.200. Any suggested 
revisions to management measures may be implemented through the 
framework process or through an amendment to the FMP.
    (c) Framework adjustment process. In response to the annual review, 
or at any other time, the Council may 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 Atlantic herring 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 may 
delegate authority to the Herring Oversight Committee to conduct an 
initial review of the options being considered. The oversight committee 
shall review the options and relevant information, consider public 
comment, and make a recommendation to the Council.
    (2) After the first framework meeting, the Council may refer the 
issue back to the Herring Oversight Committee for further consideration, 
make adjustments to the measures that were proposed, or approve of the 
measures and begin developing the necessary documents to support the 
framework adjustments. If the Council approves the proposed framework 
adjustments,

[[Page 459]]

the Council shall identify, at this meeting, a preferred alternative 
and/or identify the possible alternatives.
    (3) A framework document shall be prepared that discusses and shows 
the impacts of the alternatives. It shall be available to the public 
prior to the second or final framework meeting.
    (4) After developing management actions and receiving public 
testimony, the Council shall make a recommendation to NMFS. The 
Council's recommendation must include supporting rationale and, if 
changes to the 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 the Council recommends that the management 
measures should be issued as a final rule, the Council 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 Council'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.
    (5) If the Council's recommendation to NMFS includes adjustments or 
additions to management measures, after reviewing the Council's 
recommendation and supporting information NMFS may:
    (i) Concur with the Council's recommended management measures and 
determine that the recommended management measures should be published 
as a final rule in the Federal Register based on the factors specified 
in paragraphs (c)(4)(i), (ii), (iii) and (iv) of this section.
    (ii) Concur with the Council's recommendation and determine that the 
recommended management measures should be first published as a proposed 
rule in the Federal Register. After additional public comment, if NMFS 
concurs with the Council's recommendation, the measures shall be issued 
as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the Council shall be notified in 
writing of the reasons for the non-concurrence.
    (d) Possible framework adjustment measures. Measures that may be 
changed or implemented through framework action include:
    (1) Management area boundaries or additional management areas;
    (2) Size, timing, or location of new or existing spawning area 
closures;
    (3) Closed areas other than spawning closures;
    (4) Restrictions in the amount of fishing time;
    (5) A days-at-sea system;
    (6) Adjustments to specifications;
    (7) Adjustments to the Canadian catch deducted when determining 
specifications;
    (8) Distribution of the TAC;
    (9) Gear restrictions (such as mesh size, etc.) or requirements 
(such as bycatch-reduction devices, etc.);
    (10) Vessel size or horsepower restrictions;
    (11) Closed seasons;
    (12) Minimum fish size;
    (13) Trip limits;
    (14) Seasonal, area, or industry sector quotas;
    (15) Measures to describe and identify essential fish habitat (EFH), 
fishing gear management measures to protect EFH, and designation of 
habitat areas of particular concern within EFH;
    (16) Measures to facilitate aquaculture, such as minimum fish sizes, 
gear restrictions, minimum mesh sizes, possession limits, tagging 
requirements, monitoring requirements, reporting requirements, permit 
restrictions, area closures, establishment of special management areas 
or zones, and any other measures included in the FMP;
    (17) Changes to the overfishing definition;

[[Page 460]]

    (18) Vessel monitoring system requirements;
    (19) Limits or restrictions on the harvest of herring for specific 
uses;
    (20) Quota monitoring tools, such as vessel, operator, or dealer 
reporting requirements;
    (21) Permit and vessel upgrading restrictions;
    (22) Implementation of measures to reduce gear conflicts, such as 
mandatory monitoring of a radio channel by fishing vessels, gear 
location reporting by fixed gear fishermen, mandatory plotting of gear 
by mobile fishermen, standards of operation when conflict occurs, fixed 
gear marking or setting practices; gear restrictions for certain areas, 
vessel monitoring systems, restrictions on the maximum number of fishing 
vessels, and special permitting conditions;
    (23) Limited entry or controlled access system;
    (24) Specification of the amount of herring to be used for roe; and
    (25) Any other measure currently included in the FMP.
    (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.



      Subpart L--Management Measures for the Spiny Dogfish Fishery

    Source: 65 FR 1570, Jan. 11, 2000, unless otherwise noted.



Sec. 648.230  Catch quotas and other restrictions.

    (a) Annual review. The Spiny Dogfish Monitoring Committee will 
annually review the following data, subject to availability, to 
determine the total allowable level of landings (TAL) and other 
restrictions necessary to assure a target fishing mortality rate (F) of 
0.2 in 1999 through April 30, 2000, a target F of 0.03 from May 1, 2000, 
through April 30, 2004, and a target F of 0.08 thereafter will not be 
exceeded: Commercial and recreational catch data; current estimates of 
F; 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 data; impact of 
gear other than otter trawls and gill nets on the mortality of spiny 
dogfish; and any other relevant information.
    (b) Recommended measures. Based on this review, the Spiny Dogfish 
Monitoring Committee shall recommend to the Joint Spiny Dogfish 
Committee a commercial quota and any other measures including those in 
paragraphs (b)(1)-(b)(5) of this section that are necessary to assure 
that the F specified in paragraph (a) of this section for the upcoming 
fishing year (May 1 through April 30) will not be exceeded. The quota 
may be set within the range of zero to the maximum allowed. The measures 
that may be recommended include, but are not limited to:
    (1) Minimum or maximum fish sizes;
    (2) Seasons;
    (3) Mesh size restrictions;
    (4) Trip limits; or
    (5) Other gear restrictions.
    (c) Annual fishing measures. The Councils' Joint Spiny Dogfish 
Committee shall review the recommendations of the Spiny Dogfish 
Monitoring Committee. Based on these recommendations and any public 
comments, the Joint Spiny Dogfish Committee shall recommend to the 
Councils a commercial quota and, possibly, other measures, including 
those specified in paragraph (b) of this section, necessary to assure 
that the F specified in paragraph (a) of this section for the upcoming 
fishing year (May 1 through April 30) will not be exceeded. The 
commercial quota may be set within the range of zero to the maximum 
allowed. The Councils shall review these recommendations and, based on 
the recommendations and any public comments, recommend to the Regional 
Administrator a commercial quota and other measures necessary to assure 
that the F specified in paragraph (a) of this section for the upcoming 
fishing year will not be exceeded. The Councils' recommendations must 
include supporting documentation, as appropriate, concerning the 
environmental, economic, and other impacts of the recommendations. The 
Regional Administrator shall initiate a review of these recommendations 
and may modify the recommended quota and other

[[Page 461]]

management measures to assure that the target F specified in paragraph 
(a) of this section will not be exceeded. The Regional Administrator may 
modify the Councils' recommendations using any of the measures that were 
not rejected by both Councils. After such review, NMFS shall publish a 
proposed rule in the Federal Register specifying a coastwide commercial 
quota and other measures necessary to assure that the F specified in 
paragraph (a) of this section will not be exceeded. After considering 
public comments, NMFS shall publish a final rule in the Federal Register 
to implement such a quota and other measures.
    (d) Distribution of annual quota. (1) The annual quota specified 
according to the process outlined in paragraph (a) of this section shall 
be allocated between two semi-annual quota periods as follows: May 1 
through October 31 (57.9 percent) and November 1 through April 30 (42.1 
percent).
    (2) All spiny dogfish landed for a commercial purpose in the states 
from Maine through Florida shall be applied against the applicable semi-
annual commercial quota, regardless of where the spiny dogfish were 
harvested.

[65 FR 1570, Jan. 11, 2000, as amended at 66 FR 22476, May 4, 2001; 67 
FR 30616, May 7, 2002]



Sec. 648.231  Closures.

    The Regional Administrator shall determine the date by which the 
quota for each semi-annual period described in Sec. 648.230(d)(1) will 
be harvested and shall close the EEZ to fishing for spiny dogfish on 
that date for the remainder of that semi-annual period by publishing a 
notification in the Federal Register. Upon the closure date and for the 
remainder of the semi-annual quota period, no vessel may fish for or 
possess spiny dogfish in the EEZ, nor may vessels issued a spiny dogfish 
permit under this part land spiny dogfish, nor may dealers issued a 
Federal permit purchase spiny dogfish from vessels issued a spiny 
dogfish permit under this part.



Sec. 648.232  Time Restrictions. [Reserved]



Sec. 648.233  Minimum Fish Sizes. [Reserved]



Sec. 648.234  Gear restrictions. [Reserved]



Sec. 648.235   Possession and landing restrictions.

    (a) Quota Period 1. From May through October 31, vessels issued a 
valid Federal spiny dogfish permit specified under Sec. 648.4(a)(11) 
may:
    (1) Possess up to 600 lb (272 kg) of spiny dogfish per trip; and
    (2) Land only one trip of spiny dogfish per calendar day.
    (b) Quota Period 2. From November 1 through April 30, vessels issued 
a valid Federal spiny dogfish permit specified under Sec. 648.4(a)(11) 
may:
    (1) Possess up to 300 lb (136 kg) of spiny dogfish per trip; and
    (2) Land only one trip of spiny dogfish per calendar day.
    (c) Regulations governing the harvest, possession, landing, 
purchase, and sale of shark fins are found at part 600, subpart M, of 
this chapter.

[66 FR 22476, May 4, 2001, as amended at 67 FR 6201, Feb. 11, 2002]



Sec. 648.236  Special Management Zones. [Reserved]



Sec. 648.237  Framework provisions.

    (a) Within season management action. The Councils may, at any time, 
initiate action to add or adjust management measures if they find that 
action is necessary to meet or be consistent with the goals and 
objectives of the Spiny Dogfish FMP.
    (1) Adjustment process. After the Councils initiate a management 
action, they shall develop and analyze appropriate management actions 
over the span of at least two Council meetings. The Councils shall 
provide the public with advance notice of the availability of both the 
proposals and the analysis for comment prior to, and at, the second 
Council meeting. The Councils' recommendation on adjustments or 
additions to management measures must come from one or more of the 
following

[[Page 462]]

categories: Minimum fish size; maximum fish size; gear requirements, 
restrictions or prohibitions (including, but not limited to, mesh size 
restrictions and net limits); regional gear restrictions; permitting 
restrictions and reporting requirements; recreational fishery measures 
(including possession and size limits and season and area restrictions); 
commercial season and area restrictions; commercial trip or possession 
limits; fin weight to spiny dogfish landing weight restrictions; onboard 
observer requirements; commercial quota system (including commercial 
quota allocation procedures and possible quota set-asides to mitigate 
bycatch, conduct scientific research, or for other purposes); 
recreational harvest limit; annual quota specification process; FMP 
Monitoring Committee composition and process; description and 
identification of essential fish habitat; description and identification 
of habitat areas of particular concern; overfishing definition and 
related thresholds and targets; regional season restrictions (including 
option to split seasons); restrictions on vessel size (length and GRT) 
or shaft horsepower; target quotas; measures to mitigate marine mammal 
entanglements and interactions; regional management; any other 
management measures currently included in the Spiny Dogfish FMP; and 
measures to regulate aquaculture projects.
    (2) Councils' recommendation. After developing management actions 
and receiving public testimony, the Councils shall make a recommendation 
approved by a majority of each Council's members, present and voting, to 
the Regional Administrator. The Councils' recommendation must include 
supporting rationale, an analysis of impacts and, if management measures 
are recommended, a recommendation to the Regional Administrator on 
whether to issue the management measures as a final rule. If the 
Councils recommend that the management measures should be issued as a 
final rule, they 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 Councils' recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) NMFS action. If the Councils' recommendation includes 
adjustments or additions to management measures and:
    (i) If NMFS concurs with the Councils' 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, then the measures will be issued as a final rule 
in the Federal Register.
    (ii) If NMFS concurs with the Councils' recommendation and 
determines that the recommended management measures should be published 
first as a proposed rule, then the measures will be published as a 
proposed rule in the Federal Register. After additional public comment, 
if NMFS concurs with the Councils' recommendation, then the measures 
will be issued as a final rule in the Federal Register.
    (iii) If NMFS does not concur, the Councils will be notified in 
writing of the reasons for the non-concurrence.
    (iv) Framework actions can be taken only in the case where both 
Councils approve the proposed measure.
    (b) 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.



   Subpart M--Management Measures for the Atlantic Deep-Sea Red Crab 
                                 Fishery

    Source: 67 FR 63233, Oct. 10, 2002, unless otherwise noted.

[[Page 463]]



Sec. 648.260  Annual specifications.

    (a) Process for setting annual specifications. The Council's Red 
Crab Plan Development Team (PDT) will meet at least annually to review 
the status of the stock and the fishery. Based on this review, the PDT 
will report to the Council's Red Crab Committee, no later than October 
1, any necessary adjustments to the management measures and 
recommendations for the specifications. Specifications include the 
specification of OY, the setting of any target TACs, allocation of DAS, 
and/or adjustments to trip/possession limits. The PDT will specifically 
recommend target TACs for the following year and an estimated target TAC 
for the year after.
    (1) Target total allowable catch. The target TAC for each fishing 
year will be 5.928 million lb (2,688.9 mt), unless modified pursuant to 
this paragraph.
    (2) Adjustments to DAS allocation based on target TAC. For purposes 
of determining the appropriate DAS allocation, any overage of the target 
TAC that occurs in a given fishing year will be subtracted from the 
target TAC in the following fishing year and, conversely, any underage 
of the target TAC that occurs in a given fishing year will be added to 
the target TAC in the following fishing year.
    (3) In-season adjustments. The specifications established pursuant 
to this section may be adjusted by NMFS, after consulting with the 
Council, during the fishing year by publishing notification in the 
Federal Register stating the reasons for such action and providing an 
opportunity for prior public comment. Any adjustments must be consistent 
with the Atlantic Deep-Sea Red Crab FMP objectives and other FMP 
provisions.
    (b) Development of annual specifications. In developing the 
management measures and recommendations for the annual specifications, 
the PDT will review the following data, if available: Commercial catch 
data; current estimates of fishing mortality and catch-per-unit-effort 
(CPUE); stock status; recent estimates of recruitment; virtual 
population analysis results and other estimates of stock size; sea 
sampling, port sampling, and survey data or, if sea sampling data are 
unavailable, length frequency information from port sampling and/or 
surveys; impact of other fisheries on the mortality of red crabs; and 
any other relevant information.
    (1) Based on recommendations from the Council's Red Crab PDT after 
its review of the available information on the status of the stock and 
the fishery, the Red Crab Committee may recommend to the Council changes 
to the appropriate specifications, as well as any measures necessary to 
assure that the specifications will not be exceeded.
    (2) The Council shall review these recommendations and any public 
comment received and shall submit its recommendation to the Regional 
Administrator after at least one Council meeting. If the Council submits 
a recommendation to the Regional Administrator after one Council meeting 
and the Regional Administrator concurs with the recommendation, the 
Regional Administrator shall publish the Council's recommendation in the 
Federal Register as a proposed rule unless there is adequate 
justification to waive prior notice and comment . The Council may 
instead choose to follow the framework adjustment process specified at 
Sec. 648.261 and request that the Regional Administrator publish the 
recommendation as a proposed or final rule. If the Regional 
Administrator concurs that the Council's recommendation meets the Red 
Crab FMP objectives 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 objectives 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 March 1, fishing may continue under the 
specifications for the previous year. However, DAS used by a vessel on 
or after March 1 will be counted against any DAS allocation the vessel 
ultimately receives for that year.

[[Page 464]]



Sec. 648.261  Framework adjustment process.

    (a) To implement a framework adjustment for the Red Crab FMP, the 
Council shall develop and analyze proposed actions over the span of at 
least two Council meetings and provide advance public notice of the 
availability of both the proposals and the analyses. Opportunity to 
provide written and oral comments shall be provided throughout the 
process before the Council submits its recommendations to the Regional 
Administrator.
    (1) In response to an annual review of the status of the fishery or 
the resource by the Red Crab PDT, or at any other time, the Council may 
recommend adjustments to any of the measures proposed by the Red Crab 
FMP. The Red Crab Oversight Committee may request that the Council 
initiate a framework adjustment. Framework adjustments shall require one 
initial meeting (the agenda must include notification of the impending 
proposal for a framework adjustment) and one final Council meeting. 
After a management action has been initiated, the Council shall develop 
and analyze appropriate management actions within the scope identified 
below. The Council may refer the proposed adjustments to the Red Crab 
Committee for further deliberation and review. Upon receiving the 
recommendations of the Oversight Committee, the Council shall publish 
notice of its intent to take action and provide the public with any 
relevant analyses and opportunity to comment on any possible actions. 
After receiving public comment, the Council must take action (to 
approve, modify, disapprove, or table) on the recommendation at the 
Council meeting following the meeting at which it first received the 
recommendations. Documentation and analyses for the framework adjustment 
shall be available at least 2 weeks before the final meeting.
    (2) After developing management actions and receiving public 
testimony, the Council may make a recommendation to the Regional 
Administrator. The Council's recommendation shall include supporting 
rationale, an analysis of impacts required under paragraph (a)(1) of 
this section and a recommendation to the Regional Administrator on 
whether to issue the management measures as a final rule. If the Council 
recommends that the management measures should be issued directly as a 
final rule, the Council shall 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 Council'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.
    (3) If the Regional Administrator concurs with the Council's 
recommended management measures, they shall be published in the Federal 
Register. If the Council's recommendation is first published as a 
proposed rule and the Regional Administrator concurs with the Council's 
recommendation after receiving additional public comment, the measures 
shall then be published as a final rule in the Federal Register.
    (4) If the Regional Administrator approves the Council's 
recommendations, the Secretary may, for good cause found under the 
standard of the Administrative Procedure Act, waive the requirement for 
a proposed rule and opportunity for public comment in the Federal 
Register. The Secretary, in so doing, shall publish only the final rule. 
Submission of recommendations does not preclude the Secretary from 
deciding to provide additional opportunity for prior notice and comment 
in the Federal Register.
    (5) The Regional Administrator may approve, disapprove, or partially 
disapprove the Council's recommendation.

[[Page 465]]

If the Regional Administrator does not approve the Council's specific 
recommendation, the Regional Administrator must notify the Council in 
writing of the reasons for the action prior to the first Council meeting 
following publication of such decision.
    (b) [Reserved]



Sec. 648.262  Effort-control program for red crab limited access vessels.

    (a) General. A vessel issued a limited access red crab permit may 
not fish for, catch, possess, transport, land, sell, trade, or barter, 
greater than 500 lb (226.8 kg) of red crab, or its equivalent in weight 
as specified at Sec. 648.263(a)(2)(i) and (ii), per fishing trip in or 
from the Red Crab Management Unit, except during a DAS as allocated 
under and in accordance with the applicable DAS program described in 
this section, unless otherwise provided 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)(13)(i)(J) 
for the entire fishing year preceding the carry-over year, limited 
access vessels that have unused DAS on the last day of February of any 
year may carry over a maximum of 10 unused DAS, or 10 percent of the 
total allocated DAS, whichever is less, into the next fishing year. Any 
DAS that have been forfeited due to an enforcement proceeding will be 
deducted from all other unused DAS in determining how many DAS may be 
carried over.
    (2) [Reserved]
    (b) DAS program--(1) For fishing year 2002. For the fishing year 
beginning March 1, 2002, each limited access permit holder's allocation 
of DAS shall be based on a baseline of 130 DAS per vessel and, if 
necessary, adjusted as specified in this paragraph (b). Based upon the 
best available information, the Regional Administrator shall estimate 
the landings from May 15, 2002, which is the first day following the 
expiration of the red crab Secretarial interim rule, up to the 
implementation date of the red crab limited access program. These 
estimated total landings shall be deducted from the target TAC and the 
percentage of the TAC that remains available shall be used to reduce the 
initial baseline of DAS (i.e., a percentage of 130 DAS to an equivalent 
percentage). For example, if estimated landings equal 20 percent of the 
target TAC, thereby leaving 80 percent of the target TAC, the DAS 
allocation shall be reduced by 20 percent to 104 DAS. Each vessel shall 
be allocated the adjusted DAS for the remainder of the fishing year. The 
Regional Administrator shall notify permit holders by letter of the 
newly calculated DAS allocation.
    (2) For fishing years 2003 and thereafter. Each limited access 
permit holder shall be allocated 156 DAS unless one or more vessels 
declares out of the fishery consistent with Sec. 648.4(a)(13)(B)(2) or 
the TAC is adjusted consistent with Sec. 648.260(c).
    (3) Accrual of DAS. Any portion of a day in which a vessel is out of 
port, after having declared into the DAS fishery, shall count as a full 
DAS. For example, if a vessel calls into the fishery at 11 p.m. on 
Thursday and calls out of the fishery at 10 p.m. on Friday, the next 
day, that vessel shall be assessed 2 full DAS (48 hours) for the fishing 
trip, even though the trip lasted only 23 hours.
    (4) Good Samaritan credit. Same as Sec. 648.53(f).
    (5) Declaring red crab DAS. A vessel's owner or authorized 
representative shall notify the Regional Administrator of a vessel's 
participation in the red crab DAS program using the notification 
requirements specified in Sec. 648.10.
    (6) Adjustments in annual red crab DAS allocations. Adjustments to 
the annual red crab DAS allocation, if required to meet fishing 
mortality goals, may be implemented pursuant to Sec. 648.260(c).



Sec. 648.263  Red crab possession and landing restrictions.

    (a) Vessels issued limited access red crab permits--(1) Possession 
and landing restrictions. (i) A vessel or operator of a vessel that has 
been issued a valid limited access red crab permit under this subpart 
may fish for, catch, possess, transport, land, sell, trade, or barter, 
up to 75,000 lb (34,019.4 kg) per trip, unless adjusted consistent with 
paragraph (a)(1)(ii) of this section, of whole red crab, or its 
equivalent in weight as

[[Page 466]]

specified at paragraphs (a)(2)(i) and (ii) of this section, when fishing 
under a red crab DAS.
    (ii) A vessel owner or operator who shows credible proof of landings 
on at least one trip higher than 75,000 lb (34,019.4 kg) during the 
limited access qualification period shall qualify for a larger trip 
limit, rounded to the nearest 5,000 lb (2,268 kg) of the higher trip 
landed. Such proof must be in writing and received by NMFS within 30 
days after receipt of a vessel owner's application for an initial 
limited access red crab vessel permit. A vessel owner shall fish 
consistent with the provisions and trip limit specified at paragraph 
(a)(1)(i) of this section until credible proof of a trip higher than 
75,000 lb (34,019.4 kg) is approved by NMFS.
    (2) Conversion to whole crab weight. (i) For red crab that is landed 
in half sections, with all gills and other detritus still intact, the 
recovery rate is 64 percent of a whole red crab, which is equal to the 
weight of red crab half sections multiplied by 1.56.
    (ii) For red crab that is landed in half sections, with all gills 
and other detritus removed, the recovery rate is 58 percent of a whole 
red crab, which is equal to the weight of red crab half sections 
multiplied by 1.72.
    (3) Female red crab restriction. A vessel may not fish for, catch, 
possess, transport, land, sell, trade, or barter, female red crabs in 
excess of one standard U.S. fish tote of incidentally caught female red 
crabs per trip when fishing under a red crab DAS.
    (4) Full-processing prohibition. No person may fully process at sea, 
possess, or land, fully-processed red crab.
    (5) Mutilation restriction. A vessel may not retain, possess, or 
land red crab claws and legs separate from crab bodies in excess of one 
standard U.S. fish tote per trip when fishing under a red crab DAS.
    (b) Vessels issued red crab incidental catch permits. (1) Possession 
and landing restrictions. A vessel or operator of a vessel that has been 
issued a red crab incidental catch permit may catch, possess, transport, 
land, sell, trade, or barter, up to 500 lb (226.8 kg) of red crab, or 
its equivalent in weight as specified at paragraphs (a)(1)(i) and (ii) 
of this section, per fishing trip in or from the Red Crab Management 
Unit.
    (2) Full-processing prohibition. No person may fully process at sea, 
possess, or land, fully-processed red crab.
    (3) Mutilation restriction. A vessel may not retain, possess, or 
land red crab claws and legs separate from crab bodies.



Sec. 648.264  Gear requirements/restrictions.

    (a) Limited access red crab permitted vessels. (1) No vessel may 
haul or harvest red crab from any fishing gear other than red crab 
traps/pots, marked as specified by paragraph (a)(5) of this section, 
when on a red crab DAS.
    (2) A vessel owner or operator of a vessel that holds a valid 
limited access red crab permit may fish with, deploy, possess, haul, 
harvest red crab from, or carry on board a vessel, up to a total of 600 
traps/pots when fishing for, catching, or landing red crab. A vessel 
owner is required to declare, on the annual permit application, the 
maximum number of traps/pots used per string and the maximum number of 
strings employed, such that the product of the maximum number of traps/
pots per string and the maximum number of strings declared is no more 
than 600 traps/pots. The vessel is restricted to the product of the 
maximum number of traps/pots per string multiplied by the maximum number 
of strings declared on the annual vessel permit application.
    (3) Parlor traps/pots. No person may haul or remove lobster, red 
crab or fish from parlor traps/pots when fishing under a red crab DAS.
    (4) Maximum trap/pot size. The maximum allowable red crab trap/pot 
size of red crab traps/pots used or deployed on a red crab DAS is 18 
cubic feet (0.51 cubic meters) in volume. Red crab traps/pots may be 
rectangular, trapezoidal or conical only, unless other red crab trap/pot 
designs whose volume does not exceed 18 cubic feet (0.51 cubic meters) 
are authorized by the Regional Administrator.
    (5) Gear markings. The following is required on all buoys used at 
the end of each red crab trawl:

[[Page 467]]

    (i) The letters ``RC'' in letters at least 3 inches (7.62 cm) in 
height must be painted on top of each buoy.
    (ii) The vessel's permit number in numerals at least 3 inches (7.62 
cm) in height must be painted on the side of each buoy to clearly 
identify the vessel.
    (iii) The number of each trap trawl relative to the total number of 
trawls used by the vessel (i.e., ``3 of 6'') must be painted in numerals 
at least 3 inches (7.62 cm) in height on the side of each buoy.
    (iv) High flyers and radar reflectors are required on each trap 
trawl.
    (6) Additional gear requirements. (i) In addition to complying with 
the gear regulations found at Sec. 229.32, vessels must include a weak 
link at the buoy that breaks away knotless at 3,780 lb (1,714.6 kg).
    (ii) Red crab traps/pots, fished in 200 fathoms (365.8 m) or less by 
a vessel issued a limited access lobster permit under Sec. 697.4(a), 
must comply with the trap tagging requirements specified at Sec. 697.19.
    (b) [Reserved]



         Subpart N--Management Measures for the Tilefish Fishery

    Source: 66 FR 49145, Sept. 26, 2001, unless otherwise noted.



Sec. 648.290  Catch quotas and other restrictions.

    The fishing year is the 12-month period beginning with November 1, 
2001.
    (a)Total allowable landings (TAL). The TAL for each fishing year 
will be 1.995 million lb (905,172 kg) unless modified pursuant to 
paragraph (d) of this section.
    (b) TAL allocation. For each fishing year, up to 3 percent of the 
TAL may be set aside for the purpose of funding research. Once a 
research TAC, if any, is set aside, the TAL will first be reduced by 5 
percent to adjust for the incidental catch. The remaining TAL will be 
allocated as follows: Full-time tier Category 1, 66 percent; Full-time 
tier Category 2, 15 percent; and Part-time, 19 percent.
    (c) Adjustments to the quota. Any overages of the quota for any 
limited access category that occur in a given fishing year will be 
subtracted from the quota for that category in the following fishing 
year. If incidental harvest exceeds 5 percent of the TAL for a given 
fishing year, the trip limit of 300 lb (138 kg) for the incidental 
category may be reduced in the following year. If an adjustment is 
required, a notification of adjustment of the quota will be published in 
the Federal Register.
    (d) Annual specification process. The Tilefish FMP Monitoring 
Committee (Monitoring Committee) will meet after the completion of each 
stock assessment or at the request of the Council Chairman. The 
Monitoring Committee shall review tilefish landings information and any 
other relevant available data to determine if the annual quota requires 
modification to respond to any changes to the stock's biological 
reference points or to ensure that the rebuilding schedule is 
maintained. The Monitoring Committee will consider whether any 
additional management measures or revisions to existing measures are 
necessary to ensure that the TAL will not be exceeded. Based on that 
review, the Monitoring Committee will provide a recommendation to the 
Tilefish Committee of the Council. Based on these recommendations and 
any public comment received, the Tilefish Committee shall recommend to 
the Council the appropriate quota and management measures for the next 
fishing year. The Council shall review these recommendations and any 
public comments received, and recommend to the Regional Administrator, 
at least 120 days prior to the beginning of the next fishing year, the 
appropriate TAL for the next fishing year, the percentage of TAL 
allocated to research quota, and any management measures to assure that 
the TAL will not be exceeded. The Council'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 after such review, NMFS will 
publish a proposed rule in the Federal Register specifying the annual 
TAL and any management measures to assure that the TAL will

[[Page 468]]

not be exceeded. After considering public comments, NMFS will publish a 
final rule in the Federal Register to implement a TAL and any management 
measures. The previous year's specifications will remain effective 
unless revised through the specification process and/or the research 
quota process described in paragraph (e) of this section. NMFS will 
issue notification in the Federal Register if the previous year's 
specifications will not be changed.
    (e) Research quota. See Sec. 648.21(g).



Sec. 648.291  Closures.

    (a) EEZ closure. If the Regional Administrator determines that the 
quota for a certain limited access category will be exceeded, the 
Regional Administrator will close the EEZ to fishing for tilefish by 
those vessels in that category for the remainder of the fishing year and 
publish notification in the Federal Register.
    (b) [Reserved]



Sec. 648.292  Tilefish trip limits.

    Any U.S. fishing vessel fishing under a tilefish incidental catch 
category permit is prohibited from possessing more than 300 lb (138 kg) 
of tilefish per trip.



Sec. 648.293  Framework specifications.

    (a) 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 Tilefish FMP.
    (1) Specific management measures. The following specific management 
measures may be implemented or adjusted at any time through the 
framework process:
    (i) Minimum fish size,
    (ii) Minimum hook size,
    (iii) Closed seasons,
    (iv) Closed areas,
    (v) Gear restrictions or prohibitions,
    (vi) Permitting restrictions,
    (vii) Gear limits,
    (viii) Trip limits,
    (ix) Overfishing definition and related thresholds and targets,
    (x) Annual specification quota setting process,
    (xi) Tilefish FMP Monitoring Committee composition and process,
    (xii) Description and identification of EFH,
    (xiii) Fishing gear management measures that impact EFH,
    (xiv) Habitat areas of particular concern, and
    (xv) Set-aside quotas for scientific research.
    (2) Adjustment process. If the Council determines that an adjustment 
to management measures is necessary to meet the goals and objectives of 
the FMP, it will recommend, develop, and analyze appropriate management 
actions over the span of at least two Council meetings. The Council will 
provide the public with advance notice of the availability of the 
recommendation, appropriate justifications and economic and biological 
analyses, and opportunity to comment on the proposed adjustments prior 
to and at the second Council meeting on that framework action. After 
developing management actions and receiving public comment, the Council 
will submit the recommendation to the Regional Administrator; the 
recommendation must include supporting rationale, an analysis of 
impacts, and a recommendation on whether to publish the management 
measures as a final rule.
    (3) Council recommendation. After developing management actions and 
receiving public testimony, the Council will make a recommendation to 
the Regional Administrator. The Council'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 
Council recommends that the management measures should be issued as a 
final rule, it 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.

[[Page 469]]

    (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 Council's recommended management measures.
    (iii) Whether there is an immediate need to protect the resource.
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (4) Regional Administrator action. If the Council's recommendation 
includes adjustments or additions to management measures and, after 
reviewing the Council's recommendation and supporting information:
    (i) If the Regional Administrator concurs with the Council'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 Council'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 Council's 
recommendation, the measures will be issued as a final rule in the 
Federal Register.
    (iii) If the Regional Administrator does not concur with the 
Council's recommendation, the Council will be notified in writing of the 
reasons for the non-concurrence.
    (b) 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.



Sec. 648.294  Gear restrictions.

    A vessel issued a limited access tilefish permit issued under 
Sec. 648.4(a)(12)(i) cannot fish for tilefish with any gear other than 
longline, or possess gear other than longline gear unless properly 
stowed in accordance with Sec. 648.23.



    Subpart O--Management Measures for the NE Skate Complex Fisheries

    Source: 68 FR 49701, Aug. 19, 2003, unless otherwise noted.



Sec. 648.320  Skate FMP review and monitoring.

    (a) Annual review. The Council, its Skate Plan Development Team (), 
and its Skate Advisory Panel shall monitor the status of the fishery and 
the skate resources following implementation of the Skate FMP.
    (1) Starting 1 year after implementation of the Skate FMP, the Skate 
PDT shall meet at least annually to review the status of the species in 
the skate complex. At a minimum, this review shall include annual 
updates to survey indices and a re-evaluation of stock status based on 
the updated survey indices and the FMP's overfishing.
    (2) If new and/or additional information becomes available, the 
Skate PDT shall consider it during this annual review. Based on this 
review, the shall provide guidance to the Skate Committee and the 
Council regarding the need to adjust measures in the Skate FMP to better 
achieve the FMP's objectives. Any suggested revisions to management 
measures may be implemented through the framework process specified in 
Sec. 648.321, or through an amendment to the FMP.
    (3) For overfished skate species, the Skate PDT and the Council will 
monitor the trawl survey index as a proxy for stock biomass. As long as 
the 3-year average of the appropriate weight per tow increases above the 
average for the previous 3 years, it is assumed that the stock is 
rebuilding to target levels. If the 3-year average of the appropriate 
survey mean weight per tow declines below the average for the previous 3 
years, then the Council is required to take management action to ensure 
that stock rebuilding will continue to target levels.
    (b) Biennial review. The Skate shall prepare a biennial Stock 
Assessment and Fishery Evaluation (SAFE) Report for the NE skate. The 
SAFE shall be the primary vehicle for the presentation of all updated 
biological and socio-economic information regarding

[[Page 470]]

the NE skate complex and its associated fisheries. The SAFE report shall 
provide source data for any adjustments to the management measures that 
may be needed to continue to meet the goals and objectives of the FMP.
    (c) Baseline review--(1) Baseline review process. If the Council 
initiates an action in another FMP that may make less restrictive one or 
more of the baseline measures described in paragraph (c)(2) of this 
section and as identified in the Skate FMP, or that may change one or 
more of the baseline measures such that the change is likely to have an 
effect on the overall mortality for a species of skate subject to a 
formal rebuilding program, the Skate PDT shall take the following action 
prior to the Council's final decision on the initiating action:
    (i) Evaluate the potential impacts of the proposed changes on 
rebuilding skate populations and overall mortality for the skate species 
subject to a formal rebuilding program, and develop, if the action would 
be inconsistent with the rebuilding plans, management measures (or 
modifications to the proposed action) to mitigate the impacts of the 
changes to the baseline measure(s) on rebuilding skates.
    (ii) If the Skate PDT recommends management measures to mitigate 
impacts, the Council shall include in the initiating action management 
measures to offset the changes to the baseline measures. The management 
measures recommended by the Council may be one or more of the measures 
recommended by the Skate PDT, or other suitable measures developed by 
the Council.
    (iii) If the Council fails to include in the initiating action 
management measures to offset the changes to the baseline measures when 
the Skate PDT recommends action, and cannot justify this lack of action, 
the Regional Administrator may implement one or more of the measures 
recommended by the Skate PDT through rulemaking consistent with the 
Administrative Procedure Act.
    (2) Baseline measures. The baseline review process, as described in 
paragraph (c)(1) of this section, is initiated by changes to any of the 
following management measures:
    (i) NE Multispecies year-round closed areas (Sec. 648.81);
    (ii) NE Multispecies DAS restrictions (Sec. 648.82);
    (iii) Gillnet gear restrictions (Sec. 648.82(k));
    (iv) Lobster restricted gear areas (Sec. 697.23);
    (v) Gear restrictions for small mesh fisheries (Sec. 648.80(a)(5), 
(a)(9), and (a)(15));
    (vi) Monkfish DAS restrictions for Monkfish-Only permit holders 
(Sec. 648.92); or
    (vii) Scallop DAS restrictions (Sec. 648.53).



Sec. 648.321  Framework adjustment process.

    (a) Adjustment process. To implement a framework adjustment for the 
Skate FMP, the Council shall develop and analyze proposed actions over 
the span of at least two Council meetings (the initial meeting agenda 
must include notification of the impending proposal for a framework 
adjustment) and provide advance public notice of the availability of 
both the proposals and the analyses. Opportunity to provide written and 
oral comments shall be provided throughout the process before the 
Council submits its recommendations to the Regional Administrator.
    (1) Council review and analyses. In response to the annual review, 
or at any other time, the Council may 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 Skate FMP. After a 
framework action has been initiated, the Council will develop and 
analyze appropriate management actions within the scope of measures 
specified at Sec. 648.321(b). The Council will publish notice of its 
intent to take action and provide the public with any relevant analyses 
and opportunity to comment on any possible actions. Documentation and 
analyses for the framework adjustment shall be available at least 1 week 
before the final meeting.
    (2) Council recommendation. After developing management actions and 
receiving public testimony, the Council may make a recommendation to the

[[Page 471]]

Regional Administrator. The Council's recommendation shall include 
supporting rationale, an analysis of impacts required under paragraph 
(a)(1) of this section and a recommendation to the Regional 
Administrator on whether to issue the management measures as a final 
rule. If the Council recommends that the management measures should be 
issued directly as a final rule, the Council shall 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 Council's recommended management measures;
    (iii) Whether there is an immediate need to protect the resource or 
to impose management measures to resolve gear conflicts; and
    (iv) Whether there will be a continuing evaluation of management 
measures adopted following their implementation as a final rule.
    (3) If the Regional Administrator concurs with the Council's 
recommended management measures, they shall be published in the Federal 
Register. If the Council's recommendation is first published as a 
proposed rule and the Regional Administrator concurs with the Council's 
recommendation after receiving additional public comment, the measures 
shall then be published as a final rule in the Federal Register.
    (4) If the Regional Administrator approves the Council's 
recommendations, the Secretary may, for good cause found under the 
standard of the Administrative Procedure Act, waive the requirement for 
a proposed rule and opportunity for public comment in the Federal 
Register. The Secretary, in so doing, shall publish only the final rule. 
Submission of recommendations does not preclude the Secretary from 
deciding to provide additional opportunity for prior notice and comment 
in the Federal Register.
    (5) The Regional Administrator may approve, disapprove, or partially 
approve the Council's recommendation. If the Regional Administrator does 
not approve the Council's specific recommendation, the Regional 
Administrator must notify the Council in writing of the reasons for the 
action prior to the first Council meeting following publication of such 
decision.
    (b) Possible framework adjustment measures. Measures that may be 
changed or implemented through framework action, provided that any 
corresponding management adjustments can also be implemented through a 
framework adjustment, include:
    (1) Skate permitting and reporting;
    (2) Skate overfishing definitions and related targets and 
thresholds;
    (3) Prohibitions on possession and/or landing of individual skate 
species;
    (4) Skate possession;
    (5) Skate closed areas (and consideration of exempted gears and 
fisheries);
    (6) Seasonal skate fishery restrictions and specifications;
    (7) Target TACs for individual skate species;
    (8) Hard TACs/quotas for skates, including species-specific quotas, 
fishery quotas, and/or quotas for non-directed fisheries;
    (9) Establishing a mechanism for TAC set-asides to mitigate , 
conduct scientific research, or for other reasons;
    (10) Onboard observer requirements;
    (11) Gear modifications, requirements, restrictions, and/or 
prohibitions;
    (12) Minimum and/or maximum sizes for skates;
    (13) Adjustments to exemption area requirements, area coordinates 
and/or management lines established by the FMP;
    (14) Measures to address protected species issues, if necessary;
    (15) Description and identification of EFH;
    (16) Description and identification of habitat areas of particular 
concern;
    (17) Measures to protect EFH;

[[Page 472]]

    (18) Adjustments and or/resetting of the ``baseline'' of management 
measures in other, described in Sec. 648.320(c);
    (19) OY and/or MSY specifications; and
    (20) Any other measures contained in the FMP.
    (c) Emergency action. Nothing in this section is meant to derogate 
from the authority of the Secretary to take emergency action under 
section 305(c) of the Magnuson-Stevens Act.



Sec. 648.322  Skate possession and landing restrictions.

    (a) Skate wing possession and landing limit. A vessel or operator of 
a vessel that has been issued a valid Federal skate permit under this 
part, provided the vessel fishes under an Atlantic sea scallop, NE 
multispecies, or monkfish DAS as specified at Secs. 648.53, 648.82, and 
648.92, respectively, unless otherwise exempted under paragraph (b) of 
this section, may fish for, possess, and/or land up to the allowable 
daily and per trip limits specified as follows:
    (1) Possess up to 20,000 lb (9,072 kg) of skate wings (45,400 lb 
(20,593 kg) whole weight) per trip of greater than 24 hours in duration; 
or
    (2) Land up to 10,000 lb (4,536 kg) of skate wings (22,700 lb 
(10,296 kg) whole weight) per trip of 24 hours or less in duration.
    (b) Bait Letter of Authorization (LOA). A skate vessel owner or 
operator under this part may request and receive from the Regional 
Administrator an exemption from the skate wing possession limit 
restrictions, provided that the following requirements and conditions 
are met:
    (1) The vessel owner or operator obtains an LOA. LOAs are available 
upon request from the Regional Administrator.
    (2) The vessel owner/operator possesses and/or lands only whole 
skates less than 23 inches (58.42 cm) total length.
    (3) The vessel owner or operator fishes for, possesses, or lands 
skates only for use as bait.
    (4) Vessels that fish for, possess, and/or land any combination of 
skate wings and whole skates less than 23 inches (58.42 cm) total length 
must comply with the possession limit restrictions under paragraph (a) 
of this section for all skates or skate parts on board.
    (5) Any vessel owner/operator meets the requirements at 
Sec. 648.13(h).
    (6) The vessel owner or operator possesses and lands skates in 
compliance with this subpart for a minimum of 1 month.
    (c) Prohibitions on possession of skates. All vessels fishing in the 
EEZ portion of the Skate Management Unit are subject to the following 
prohibitions:
    (1) A vessel may not retain, possess, or land barndoor or thorny 
skates taken in or from the EEZ portion of the Skate Management Unit.
    (2) A vessel may not retain, possess, or land smooth skates taken in 
or from the GOM RMA described at Sec. 648.80(a)(1)(i).



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 Trap limitation program.
654.5 Recordkeeping and reporting. [Reserved]
654.6 Vessel and gear identification.
654.7 Prohibitions.
654.8 Facilitation of enforcement.
654.9 Penalties.

                     Subpart B--Management Measures

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

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.

[[Page 473]]



                       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-Stevens 
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.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]



Sec. 654.2  Definitions.

    In addition to the definitions in the Magnuson-Stevens 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[min]06[sec] W. long.) to a line extending directly east from 
the Dade/Monroe County, FL boundary (25[deg]20.4[min] N. lat.).
    Regional Administrator (RA) for the purposes of this part, means the 
Administrator, Southeast Region, NMFS, 9721 Executive Center Drive N., 
St. Petersburg, FL 33702, or a designee.
    Stone crab means Menippe mercenaria, M. adina, or their 
interbreeding hybrids, or a part thereof.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61991, 61993, Oct. 3, 
2002]



Sec. 654.3  Relation to other laws.

    (a) The relation of this part to other laws is set forth in 
Sec. 600.705 of this chapter and paragraphs (b) and (c) 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.

[60 FR 13919, Mar. 15, 1995, as amended at 63 FR 44595, Aug. 20, 1998; 
67 FR 61991, Oct. 3, 2002]



Sec. 654.4  Trap limitation program.

    The provisions of this section establish a Federal stone crab trap 
limitation program in the management area that complements the stone 
crab trap limitation program implemented by the Florida Fish and 
Wildlife Conservation Commission (FFWCC). The Federal program requires 
issuance of a commercial vessel permit, a trap certificate, and annual 
trap tags. A person in the management area who is in compliance with the 
FFWCC trap limitation program is exempt from the requirements of the 
Federal trap limitation program specified in this section.
    (a) Commercial vessel permit requirements. Effective December 2, 
2002, for a person aboard a vessel, except a person who is in compliance 
with the FFWCC stone crab trap limitation program, to possess or use a 
stone crab trap, possess more than 1 gallon (4.5 L) of stone crab claws, 
or sell stone crab claws in or from the management area, a valid Federal 
commercial vessel permit for stone crab must have been issued to the 
vessel and must be on board.
    (1) Eligibility for a commercial vessel permit. The owner of a 
vessel is eligible to receive a Federal commercial vessel permit for 
stone crab if the owner provides documentation as specified in paragraph 
(a)(2) of this section substantiating his or her landings of a minimum 
of 300 lb (136 kg) of stone crab claws harvested from the management 
area or Florida's state waters during at least one of the stone crab 
fishing seasons, October 15 through May 15, for 1995/1996 through 1997/
1998. A person who has a valid stone crab trap certificate issued under 
the stone crab trap limitation program implemented by the FFWCC or a 
person whose Florida saltwater products license (SPL) has been suspended 
or revoked is not eligible for a Federal commercial vessel permit for 
stone crab.
    (2) Documentation of eligibility for a commercial vessel permit. The 
only acceptable source of documentation of stone crab claws landed in 
Florida is

[[Page 474]]

landings documented by the Florida trip ticket system. To be creditable 
toward the 300-lb (136-kg) minimum qualifying landings, Florida landings 
must be associated with a single Florida SPL. Landings of stone crab 
harvested from the management area or Florida's state waters but landed 
in a state other than Florida may be documented by dealer records. Such 
dealer records must definitively show the species known as stone crab 
and must include the vessel's name, official number, or other reference 
that provides a way of clearly identifying the vessel; dates and amounts 
of stone crab landings; and a sworn affidavit by the dealer confirming 
the accuracy and authenticity of the records. A sworn affidavit is an 
official written statement wherein the individual signing the affidavit 
affirms that the information presented is accurate and can be 
substantiated, under penalty of law. Documentation of landings are 
subject to verification by comparison with state, Federal, and other 
records and information. Submission of false documentation is a 
violation of the regulations in this part and may disqualify the owner 
from participation in the fishery.
    (3) Application for a commercial vessel permit. Applications for a 
commercial vessel permit for stone crab are available from the RA. A 
vessel owner (in the case of a corporation, an officer or shareholder; 
in the case of a partnership, a general partner) who desires such a 
permit must submit an application, including documentation of stone crab 
landings as specified in paragraphs (a)(1) and (2) of this section, to 
the RA postmarked or hand-delivered not later than January 31, 2003. 
Failure to apply in a timely manner will preclude permit issuance even 
when the vessel owner meets the eligibility criteria for such permit.
    (i) 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.
    (D) Documentation of eligibility as specified in paragraphs (a)(1) 
and (2) of this section.
    (E) The applicant's desired color code for use in identifying his or 
her vessel and buoys (white is not an acceptable color code).
    (F) Number of traps authorized under Sec. 654.4(b) that will be used 
and trap dimensions.
    (G) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, if 
specified on the application form.
    (H) Any other information that may be necessary for the issuance or 
administration of the permit, if specified on the application form.
    (ii) [Reserved]
    (4) Notification of incomplete application. Upon receipt of an 
incomplete application, the RA will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 30 
days of the date of the RA's letter of notification, the application 
will be considered abandoned.
    (5) Change in application information. The owner of a vessel with a 
commercial vessel permit must notify the RA within 30 days after any 
change in the application information specified in paragraph (a)(3)(i) 
of this section. The permit is void if any change in the information is 
not reported within 30 days.
    (6) Initial commercial vessel permit issuance. (i) The RA will issue 
an initial commercial vessel permit for stone crab to an applicant if 
the applicant submits a complete application that complies with the 
requirements of paragraphs (a)(1), (2), and (3) of this section. An 
application is complete when all requested forms, information, and 
documentation have been received.
    (ii) If the eligibility requirements specified in paragraphs (a)(1) 
and (2) of this section are not met, the RA will notify the vessel owner 
of such determination and the reasons for it not later than 30 days 
after receipt of the application.
    (7) Appeal of initial denial of a commercial vessel permit--(i) 
General procedure. An applicant for a commercial vessel permit for stone 
crab who has complied with the application procedures in

[[Page 475]]

paragraph (a)(3) of this section and who initially has been denied such 
permit by the RA may appeal that decision to the RA. The appeal must be 
postmarked or hand-delivered to the RA not later than 60 days after the 
date of notification of the initial denial. An appeal must be in writing 
and must include copies of landing records relating to eligibility, such 
other reliable evidence upon which the facts related to issuance can be 
resolved, and a concise statement of the reasons the initial denial 
should be reversed or modified. An appeal constitutes the applicant's 
written authorization under section 402(b)(1)(F) of the Magnuson-Stevens 
Act for the RA to make available to the appellate officer(s) such 
confidential landings and other records as are pertinent to the matter 
under appeal. The applicant may request a hearing. The RA will appoint 
one or more appellate officers to review the appeal and make 
recommendations to the RA. The appellate officer(s) may recommend that 
the RA deny the appeal, issue a decision on the merits of the appeal if 
the records are sufficient to reach a final judgement, or conduct a 
hearing. The RA may affirm, reverse, modify, or remand the appellate 
officer(s) recommendation.
    (ii) Hearings. If the RA determines that a hearing is necessary and 
appropriate, the RA or appellate officer(s) will notify the applicant of 
the place and date of the hearing. The applicant will be allowed 30 days 
after the date of the notification of the hearing to provide 
supplementary documentary evidence in support of the appeal.
    (8) Duration of a commercial vessel permit. A commercial vessel 
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 is sold.
    (9) Transferability of a commercial vessel permit, trap certificate, 
or annual trap tags. A commercial vessel permit, trap certificate, or 
annual trap tags issued under this section are not transferable or 
assignable, except that an owner of a permitted vessel may request that 
the RA transfer the permit, trap certificate, and annual trap tags to 
another vessel owned by the same entity. To effect such a transfer, the 
owner must return the existing permit, trap certificate and annual trap 
tags to the RA along with an application for a commercial vessel permit 
for the replacement vessel. A commercial vessel permit, trap certificate 
or annual trap tags can not be leased.
    (10) Renewal of a commercial vessel permit. A commercial vessel 
permit required by this section is issued on an annual basis. An owner 
whose permit is expiring will be mailed a notification by the RA 
approximately 2 months prior to expiration of the current permit. The 
notification will include a preprinted renewal application. A vessel 
owner 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 RA. A permit that is not renewed or that is revoked will not be 
reissued. A permit is considered to be not renewed when an application 
for renewal is not received by the RA within 1 year of the expiration 
date of the permit.
    (11) Display of a commercial vessel permit. A commercial vessel 
permit issued under this section must be carried on board the vessel. 
The operator of a vessel must present the permit for inspection upon the 
request of an authorized officer.
    (12) Sanctions and denials of a commercial vessel permit. A 
commercial vessel 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.
    (13) Alteration of a commercial vessel permit. A commercial vessel 
permit that is altered, erased, or mutilated is invalid.
    (14) Replacement of a commercial vessel permit. A replacement permit 
may be issued. An application for a replacement permit is not considered 
a new application.
    (15) Fees. A fee is charged for each application for initial 
issuance or renewal of a permit, for each request for replacement of 
such permit, and for each trap tag as required under this section. The 
amount of each fee is calculated in accordance with the procedures of 
the NOAA Finance Handbook,

[[Page 476]]

available from the RA, 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 replacement, or request for trap tags.
    (b) Issuance of a trap certificate and annual trap tags. The RA will 
issue a trap certificate and annual trap tags to each person who has 
been issued a Federal commercial vessel permit for stone crab. The 
number of trap tags issued will be determined, based upon the 
documentation of landings submitted consistent with Sec. 654.4(a)(1), 
(2) and (3), by dividing that person's highest landings of stone crab 
claws during any one of the fishing seasons for 1995/1996, 1996/1997, or 
1997/1998 by 5 lb (2.27 kg).

[67 FR 61991, Oct. 3, 2002]



Sec. 654.5  Recordkeeping and reporting. [Reserved]



Sec. 654.6  Vessel and gear identification.

    An owner or operator of a vessel for which a valid Federal 
commercial vessel permit for stone crab has been issued must comply with 
the vessel and gear identification requirements of this section. An 
owner or operator of a vessel in the management area who is in 
compliance with the stone crab trap limitation program and vessel and 
gear marking requirements implemented by the FFWCC is exempt from the 
requirements of this section.
    (a) Vessel identification. An owner or operator of a vessel for 
which a valid Federal commercial vessel permit for stone crab has been 
issued must--
    (1) Display the vessel's official number--(i) 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.
    (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; 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.
    (2) Display the color code assigned by the RA--(i) 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.
    (ii) In the form of a circle permanently affixed to or painted on 
the vessel.
    (iii) 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.
    (3) Keep the official number and the color code clearly legible and 
in good repair and 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 from an enforcement vessel or 
aircraft.
    (b) Gear identification--(1) Traps. A stone crab trap used by or 
possessed on board a vessel with a Federal commercial vessel permit for 
stone crab must have a valid annual trap tag issued by the RA attached.
    (2) Trap buoys. A buoy must be attached to each stone crab trap or 
at each end of a string of traps. Each buoy must display the official 
number and the color code assigned by the RA so as to be easily 
distinguished, located, and identified.
    (3) Presumption of trap ownership. A stone crab trap will be 
presumed to be the property of the most recently documented owner. This 
presumption will not apply to traps that are lost if the owner reports 
the loss within 15 days to the RA.
    (4) Unmarked traps or buoys. An unmarked stone crab trap or a buoy 
deployed in the EEZ where such trap 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.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]

[[Page 477]]



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.
    (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 comply with the trap construction requirements 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-Stevens Act.
    (o) Fish for any species or anchor a fishing vessel in a marine 
reserve as specified in Sec. 654.28.
    (p) Except for a person who is in compliance with the FFWCC stone 
crab trap limitation program, possess or use a stone crab trap, possess 
more than 1 gallon (4.5 L) of stone crab claws, or sell stone crab claws 
in or from the management area without a commercial vessel permit as 
specified in Sec. 654.4(a).
    (q) Falsify information on an application for a commercial vessel 
permit or submitted in support of such application as specified in 
Sec. 654.4(a)(1) or (2).

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 47469, July 19, 2002; 
67 FR 61993, Oct. 3, 2002]



Sec. 654.8  Facilitation of enforcement.

    See Sec. 600.730 of this chapter.

[67 FR 61993, Oct. 3, 2002]



Sec. 654.9  Penalties.

    See Sec. 600.735 of this chapter.

[67 FR 61993, Oct. 3, 2002]



                     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

[[Page 478]]

as a trap removal period. A stone crab trap must be removed from the 
management area not later than 1 hour after sunset on May 20, unless an 
extension to the removal period is granted under paragraph (b)(2)(i) of 
this section and the extension authorization is carried aboard the 
fishing vessel as specified in paragraph (b)(2)(ii) of this section.
    (i) An extension of the removal period may be granted by Florida in 
accordance with Rule 46-13.002(2)(b), Florida Administrative Code, in 
effect as of April 14, 1995. This incorporation by reference was 
approved by the Director of the Office of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from the Florida Marine Fisheries Commission, 2540 Executive 
Center Circle West, Suite 106, Tallahassee, FL 32301; telephone: 904-
487-0554. Copies may be inspected at the office of the Regional 
Administrator, 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.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]



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) Trap construction requirements. No person fishing for stone crab 
may transport on the water or fish with any trap which does not meet the 
following requirements:
    (1) Each trap must be constructed of wood, plastic, or wire.
    (2) A trap may be no larger in dimension than 24 by 24 by 24 inches 
(61 by 61 by 61 cm) or 8.0 ft3 (0.23 m3).
    (3) The throats (entrances) to all wood and plastic traps must be 
located on the top horizontal section of the trap. If the throat is 
longer in one dimension, the throat size in the longer dimension must 
not exceed 5\1/2\ inches (14.0 cm) and in the shorter dimension must not 
exceed 3\1/2\ inches (9.0 cm). If the throat is round, the throat size 
must not exceed 5 inches (12.7 cm) in diameter.
    (4) In any wire trap used to harvest stone crabs, each throat must 
be horizontally oriented. The width of the opening where the throat 
meets the vertical wall of the trap and the opening of the throat at its 
farthest point

[[Page 479]]

from the vertical wall, inside the trap, must be greater than the height 
of any such opening. No such throat may extend farther than 6 inches 
(15.2 cm) into the inside of any trap, measured from where the throat 
opening meets the vertical wall of the trap to the throat opening at its 
farthest point from the vertical wall, inside the trap.
    (5) A wire trap must have at least three unobstructed escape rings 
installed, each with a minimum inside diameter of 2\3/8\ inches (6.0 
cm). One such escape ring must be located on a vertical outer surface 
adjacent to each crab retaining chamber.
    (6) A plastic or wire trap must have a degradable panel.
    (i) A plastic trap will be considered to have degradable panel if it 
contains at least one sidewall with a rectangular opening no smaller in 
either dimension than that of the throat. This opening may be obstructed 
only with a cypress or untreated pine slat or slats no thicker than \3/
4\ inch (1.9 cm) such that when the slat degrades, the opening in the 
sidewall of the trap will no longer be obstructed.
    (ii) A wire trap will be considered to have a degradable panel if 
one of the following methods is used in construction of the trap:
    (A) The trap lid tie-down strap is secured to the trap at one end by 
a single loop of untreated jute twine, a corrodible loop composed of 
non-coated steel wire measuring 24 gauge or thinner, or an untreated 
pine dowel no larger than 2 inches (5.1 cm) in length by \3/8\ inch 
(0.95 cm) in diameter. The trap lid must be secured so that when the 
jute, corrodible loop, or pine dowel degrades, the lid will no longer be 
securely closed.
    (B) The trap contains at least one sidewall with a vertical 
rectangular opening no smaller in either dimension than 6 inches (15.2 
cm) in height by 3 inches (7.6 cm) in width. This opening may be laced, 
sewn, or otherwise obstructed by--
    (1) A single length of untreated jute twine knotted only at each end 
and not tied or looped more than once around a single mesh bar;
    (2) Untreated pine slat(s) no thicker than \3/8\ inch (0.95 cm);
    (3) Non-coated steel wire measuring 24 gauge or thinner;
    (4) A panel of ferrous single-dipped galvanized wire mesh made of 24 
gauge or thinner wire; or
    (5) A rectangular panel made of any material, fastened to the trap 
at each of the four corners of the rectangle by rings made of non-coated 
24 gauge or thinner wire or single strands of untreated jute twine. When 
the jute, untreated pine slat(s), non-coated steel wire, wire mesh 
panel, or corner fasteners degrade, the opening in the sidewall of the 
trap must no longer be obstructed.
    (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.

[60 FR 13919, Mar. 15, 1995, as amended at 65 FR 31835, May 19, 2000]



Sec. 654.23  Southwest Florida seasonal trawl closure.

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

------------------------------------------------------------------------
              Point                  North  Latitude    West  Longitude
------------------------------------------------------------------------
B\1\.............................  26[deg]16[min]      81[deg]58.5[min]
C................................  26[deg]00[min]      82[deg]04[min]
D................................  25[deg]09[min]      81[deg]47.6[min]
E................................  24[deg]54.5[min]    81[deg]50.5[min]
M\1\.............................  24[deg]49.3[min]    81[deg]46.4[min]
------------------------------------------------------------------------
\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

[[Page 480]]

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[min]30[sec]         82[deg]45[min]36[sec]             14416.5      31409.4      45259.1      62895.3
B.......................................  28[deg]59[min]30[sec]         83[deg]00[min]10[sec]             14396.0      31386.3      45376.8      63000.0
C.......................................  28[deg]26[min]01[sec]         82[deg]59[min]47[sec]             14301.5      31205.9      45103.2      63000.0
D.......................................  28[deg]26[min]01[sec]         82[deg]56[min]54[sec]             14307.0      31212.2      45080.0      62981.3
E.......................................  28[deg]41[min]39[sec]         82[deg]55[min]25[sec]             14353.7      31300.2      45193.9      62970.0
F.......................................  28[deg]41[min]39[sec]         82[deg]56[min]09[sec]             14352.4      31298.6      45199.4      62975.0
G.......................................  28[deg]48[min]56[sec]         82[deg]56[min]19[sec]             14372.6      31337.2      45260.0      62975.0
H.......................................  28[deg]53[min]51[sec]         82[deg]51[min]19[sec]             14393.9      31371.8      45260.0      62938.7
I.......................................  28[deg]54[min]43[sec]         82[deg]44[min]52[sec]               (\1\)        (\1\)        (\1\)        (\1\)
J.......................................  28[deg]51[min]09[sec]         82[deg]44[min]00[sec]               (\2\)        (\2\)        (\2\)        (\2\)
K.......................................  28[deg]50[min]59[sec]         82[deg]54[min]16[sec]             14381.6      31351.8      45260.0      62960.0
L.......................................  28[deg]41[min]39[sec]         82[deg]53[min]56[sec]             14356.2      31303.0      45181.7      62960.0
M.......................................  28[deg]41[min]39[sec]         82[deg]38[min]46[sec]               (\3\)        (\3\)        (\3\)        (\3\)
N.......................................  28[deg]41[min]39[sec]         82[deg]53[min]12[sec]             14357.4      31304.4      45176.0      62955.0
O.......................................  28[deg]30[min]51[sec]         82[deg]55[min]11[sec]             14323.7      31242.4      45104.9      62970.0
P.......................................  28[deg]40[min]00[sec]         82[deg]53[min]08[sec]             14352.9      31295.7      45161.8      62955.0
Q.......................................  28[deg]40[min]00[sec]         82[deg]47[min]58[sec]             14361.3      31305.4      45120.0      62920.0
R.......................................  28[deg]35[min]14[sec]         82[deg]47[min]47[sec]             14348.6      31280.6      45080.0      62920.0
S.......................................  28[deg]30[min]51[sec]         82[deg]52[min]55[sec]             14327.7      31247.0      45086.6      62955.0
T.......................................  28[deg]27[min]46[sec]         82[deg]55[min]09[sec]             14315.2      31225.8      45080.0      62970.0
U.......................................  28[deg]30[min]51[sec]         82[deg]52[min]09[sec]             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.
    (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.

[[Page 481]]



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 Administrator 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.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]



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 Administrator 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.

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]



Sec. 654.27  Specifically authorized activities.

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

[60 FR 13919, Mar. 15, 1995, as amended at 67 FR 61993, Oct. 3, 2002]



Sec. 654.28  Tortugas marine reserves.

    The following activities are prohibited within the Tortugas marine 
reserves: Fishing for any species and anchoring by fishing vessels.
    (a) EEZ portion of Tortugas North. The area is bounded by rhumb 
lines connecting the following points: From point A at 
24[deg]40[min]00[min] N. lat., 83[deg]06[min]00[min] W. long. to point B 
at 24[deg]46[min]00[min] N. lat., 83[deg]06[min]00[min] W. long. to 
point C at 24[deg]46[min]00[min] N. lat., 83[deg]00[min]00[min] W. 
long.; thence along the line denoting the seaward limit of Florida's 
waters, as shown on the current edition of NOAA chart 11438, to point A 
at 24[deg]40[min]00[min] N. lat., 83[deg]06[min]00[min] W. long.
    (b) Tortugas South. The area is bounded by rhumb lines connecting, 
in order, the following points:

------------------------------------------------------------------------
                    Point                      North lat.    West long.
------------------------------------------------------------------------
A                                             24[deg]33[mi  83[deg]09[mi
                                                 n]00[min]     n]00[min]
B                                             24[deg]33[mi  83[deg]05[mi
                                                 n]00[min]     n]00[min]
C                                             24[deg]18[mi  83[deg]05[mi
                                                 n]00[min]     n]00[min]
D                                             24[deg]18[mi  83[deg]09[mi
                                                 n]00[min]     n]00[min]
A                                             24[deg]33[mi  83[deg]09[mi
                                                 n]00[min]     n]00[min]
------------------------------------------------------------------------


[67 FR 47469, July 19, 2002]

                     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

[[Page 482]]

[GRAPHIC] [TIFF OMITTED] TC03MR91.064


[[Page 483]]


[GRAPHIC] [TIFF OMITTED] TC03MR91.065


[[Page 484]]


[GRAPHIC] [TIFF OMITTED] TC03MR91.066


[[Page 485]]





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.
660.32 Sea turtle take mitigation measures.
660.33 Western Pacific longline fishing restrictions.
660.34 Protected species workshop.
660.35 Pelagic longline seabird mitigation measures.
660.36 Protected species workshop.
660.37 American Samoa pelagic fishery area management.
660.38 Exemptions for American Samoa large vessel prohibited areas.

             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, including conservation areas, and commonly 
          used geographic coordinates.
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--eligibility and registration.
660.334 Limited entry permits--endorsements..
660.335 Limited entry permits--renewal, combination, stacking, change of 
          permit ownership or permit holdership, and transfer.
660.336-660.337 [Reserved]
660.338 Limited entry permits--small fleet.
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

[[Page 486]]

          fishing permits off Washington, Oregon, and California.
660.360 Groundfish observer program.

                 Subpart H--West Coast Salmon Fisheries

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

                  Subpart I--Coastal Pelagics Fisheries

660.501 Purpose and scope.
660.502 Definitions.
660.503 Management subareas.
660.504 Vessel identification.
660.505 Prohibitions.
660.506 Gear restrictions.
660.507 Closed areas to reduction fishing.
660.508 Annual specifications.
660.509 Closure of directed fishery.
660.510 Fishing seasons.
660.511 Catch restrictions.
660.512 Limited entry fishery.
660.513 Permit conditions.
660.514 Transferability.
660.515 Renewal of limited entry permits.
660.516 Exempted fishing.
660.517 Framework for revising regulations.
660.518 Pacific Coast Treaty Indian Rights.
660.519 Scientific observers.

Figure 1 to Subpart I-Existing California Area Closures
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
Figure 1 to Part 660--Carapace Length of Lobsters
Figure 2 to Part 660--Length of Fishing Vessel

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

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

    Editorial Note: Nomenclature changes to part 660 appear at 67 FR 
65906, Oct. 29, 2002.



                           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.
    (c) Regulations governing the harvest, possession, landing, 
purchase, and sale of shark fins are found at part 600, subpart M, of 
this chapter.

[61 FR 34572, July 2, 1996, as amended at 67 FR 6201, Feb. 11, 2002]



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:
    Basket-style longline gear means a type of longline gear that is 
divided

[[Page 487]]

into units called ``baskets'' each consisting of a segment of main line 
to which 10 or more branch lines with hooks are spliced. The mainline 
and all branch lines are made of multiple braided strands of cotton, 
nylon, or other synthetic fibers impregnated with tar or other heavy 
coatings that cause the lines to sink rapidly in seawater.
    Bottomfish FMP means the Fishery Management Plan for Bottomfish and 
Seamount Groundfish of the Western Pacific Region.
    Bottomfish management area means the areas designated in 
Sec. 660.69.
    Bottomfish management unit species means the following fish:

------------------------------------------------------------------------
           Common name                Local name        Scientific name
------------------------------------------------------------------------
Snappers:
    Silver jaw jobfish..........  Lehi (H); palu-     Aphareus rutilans.
                                   gustusilvia (S).
    Gray jobfish................  Uku (H); asoama     Aprion virescens.
                                   (S).
    Squirrelfish snapper........  Ehu (H); palu-      Etelis
                                   malau (S).          carbunculus.
    Longtail snapper............  Onaga, ula'T1ula    Etelis coruscans.
                                   (H); palu-loa (S).
    Blue stripe snapper.........  Ta'ape (H); savane  Lutjanus kasmira.
                                   (S); funai (G).
    Yellowtail snapper..........  Palu-i' lusama      Pristipomoides
                                   (S); yellowtail     auricilla.
                                   kalekale.
    Pink snapper................  Opakapaka (H);      Pristipomoides.
                                   palu-'Tlena'lena
                                   (S); gadao (G).
    Yelloweye snapper...........  Palusina (S);       Pristipomoides
                                   yelloweye           flavipinnis.
                                   opakapaka.
    Snapper.....................  Kalekale (H)......  Pristipomoides
                                                       sieboldii.
    Snapper.....................  Gindai (H,G); palu- Pristipomoides
                                   sega (S).           zonatus.
Jacks:
    Giant trevally..............  White ulua (H);     Caranx ignoblis.
                                   tarakito (G);
                                   sapo-anae (S).
    Black jack..................  Black ulua (H);     Caranx lugubris.
                                   tarakito (G);
                                   tafauli (S).
    Thick lipped trevally.......  Pig ulua (H);       Pseudocaranx
                                   butaguchi (H).      dentex.
    Amberjack...................  Kahala (H)........  Seriola dumerili.
Groupers:
    Blacktip grouper............  Fausi (S); gadau    Epinephelus
                                   (G).                fasciatus.
    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[min] N. lat., 
161[deg]55[min] W. long.; Necker Island 23[deg]35[min] N. lat., 
164[deg]40[min] W. long.; French Frigate Shoals 23[deg]45[min] N. lat., 
166[deg]15[min] W. long; Garner Pinnacles 25[deg]00[min] N. lat., 
168[deg]00[min] W. long.; Maro Reef 25[deg]25[min] N. lat., 
170[deg]35[min] W. long.; Laysan Island 25[deg]45[min] N. lat., 
171[deg]45[min] W. long;

[[Page 488]]

Lisianski Island 26[deg]00[min] N. lat., 173[deg]55[min] W. long.; Pearl 
and Hermes Reef 27[deg]50[min] N. lat., 175[deg]50[min] W. long.; Midway 
Islands 28[deg]14[min] N. lat., 177[deg]22[min] W. long.; and Kure 
Island 28[deg]25[min] N. lat., 178[deg]20[min] 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 no longer has any live 
coral polyps or tissue.
    EFP means an experimental fishing permit.
    First level buyer means:
    (1) The first person who purchases, with the intention to resell, 
management unit species, or portions thereof, that were harvested by a 
vessel that holds a permit or is otherwise regulated under subpart D of 
this part; or
    (2) A person who provides recordkeeping, purchase, or sales 
assistance in the first transaction involving management unit species 
(such as the services provided by a wholesale auction facility).
    Fish dealer means any person who:
    (1) Obtains, with the intention to resell, Pacific pelagic 
management unit species, or portions thereof, that were harvested or 
received by a vessel that holds a permit or is otherwise regulated under 
subpart E of this part; or
    (2) Provides recordkeeping, purchase, or sales assistance in 
obtaining or selling such management unit species (such as the services 
provided by a wholesale auction facility).
    Fisheries Management Division (FMD) means the Chief, Fisheries 
Management Division, Southwest Regional Office, NMFS, or a designee. See 
Table 1 to Sec. 600.502 for the address of the Regional Office.
    Fishing gear, as used in subpart D of this part, includes:
    (1) Bottom trawl, which means a trawl in which the otter boards or 
the footrope of the net are in contact with the sea bed.
    (2) Gillnet, (see Sec. 600.10).
    (3) Hook-and-line, which means one or more hooks attached to one or 
more lines.
    (4) Set net, which means a stationary, buoyed, and anchored gill 
net.
    (5) Trawl, (see Sec. 600.10).
    Fishing trip means a period of time during which fishing is 
conducted, beginning when the vessel leaves port and ending when the 
vessel lands fish.
    Fishing year means the year beginning at 0001 local time on January 
1 and ending at 2400 local time on December 31.
    Harvest guideline means a specified numerical harvest objective.
    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 
Administrator 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.
    Large vessel means, as used in Secs.  660.22, 660.37, and 660.38, 
any vessel greater than 50 ft (15.2 m) in length overall.
    Length overall (LOA) or length of a vessel means, as used in Secs.  
660.21(i) and 660.22, the horizontal distance, rounded to the nearest 
foot (with any 0.5 foot or 0.15 meter fraction 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

[[Page 489]]

attachments (see Figure 2 to 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 has live coral polyps or 
tissue.
    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[min] N. lat., 165[deg]00[min] W. long.; 24[deg]00[min] N. 
lat., 164[deg] 00[min] W. long.; 23[deg]00[min] N. lat., 164[deg]00[min] 
W. long.; and 23[deg]00[min] N. lat., 165[deg]00[min] W. long.
    (2) Gardner Pinnacles Lobster Grounds--waters bounded by straight 
lines connecting the following coordinates in the order presented: 
25[deg]20[min] N. lat., 168[deg]20[min] W. long.; 25[deg]20[min] N. 
lat., 167[deg] 40[min] W. long.; 24[deg]20[min] N. lat., 167[deg]40[min] 
W. long.; and 24[deg]20[min] N. lat., 168[deg]20[min] W. long.
    (3) Maro Reef Lobster Grounds--waters bounded by straight lines 
connecting the following coordinates in the order presented: 
25[deg]40[min] N. lat., 171[deg]00[min] W. long.; 25[deg]40[min] N. 
lat., 170[deg] 20[min] W. long.; 25[deg]00[min] N. lat., 170[deg]20[min] 
W. long.; and 25[deg]00[min] N. lat., 171[deg]00[min] 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.

[[Page 490]]

    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.
------------------------------------------------------------------------

    Pacific remote island areas (PRIA, or U.S. island possessions in the 
Pacific Ocean) means Palmyra Atoll, Kingman Reef, Jarvis Island, Baker 
Island, Howland Island, Johnston Atoll, Wake Island, and Midway Atoll.
    Pelagic handline fishing means fishing for pelagic management unit 
species from a stationary or drifting vessel using hook and line gear 
other than longline gear.
    Pelagic troll fishing (trolling) means fishing for pelagic 
management unit species from a moving vessel using hook and line gear.
    Pelagics FMP means the Fishery Management Plan for Pelagic Species 
Fisheries of the Western Pacific Region.
    Precious coral means any coral of the genus Corallium in addition to 
the following species of corals:

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

    Precious coral permit area means the area encompassing the precious 
coral beds in the management area. Each bed is designated by a permit 
area code and assigned to one of the following four categories:
    (1) Established beds. Makapuu (Oahu), Permit Area E-B-1, includes 
the area within a radius of 2.0 nm of a point at 21[deg]18.0[min] N. 
lat., 157[deg]32.5[min] 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[min] N. lat., 156[deg]06.0[min] 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[min] N. lat., 
158[deg]22.9[min] 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[min] N. lat., 
166[deg]48.0[min] 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[min] N. lat., 178[deg]53.4[min] W. long.
    (3) Refugia. Westpac Bed, Permit Area R-1, includes the area within 
a radius of 2.0 nm of a point at 23[deg]18[min] N. lat., 162[deg]35[min] 
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 Administrator pursuant to 
Sec. 660.66, around the following islands of the NWHI and as measured 
from the following coordinates: Nihoa Island 23[deg]05[min] N. lat., 
161[deg]55[min] W. long.; Necker Island 23[deg]35[min] N. lat., 
164[deg]40[min] W. long.; French Frigate Shoals 23[deg]45[min] N. lat., 
166[deg]15[min] W. long.; Gardner Pinnacles 25[deg]00[min] N. lat., 
168[deg]00[min] W. long.; Maro Reef 25[deg]25[min] N. lat., 
170[deg]35[min] W. long.; Laysan Island 25[deg]45[min] N. lat., 
171[deg]45[min] W.

[[Page 491]]

long.; Lisianski Island 26[deg]00[min] N. lat., 173[deg]55[min] W. 
long.; Pearl and Hermes Reef 27[deg]50[min] N. lat., 175[deg]50[min] W. 
long.; Midway Island 28[deg]14[min] N. lat., 177[deg]22[min] W. long.; 
and Kure Island 28[deg]25[min] N. lat., 178[deg]20[min] 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[min] N. lat., 
161[deg]55[min] W. long.; Necker Island 23[deg]35[min] N. lat., 
164[deg]40[min] W. long.; French Frigate Shoals 23[deg]45[min] N. lat., 
166[deg]15[min] W. long; Gardner Pinnacles 25[deg]00[min] N. lat., 
168[deg]00[min] W. long.; Maro Reef 25[deg]25[min] N. lat., 
170[deg]35[min] W. long.; Laysan Island 25[deg]45[min] N. lat., 
171[deg]45[min] W. long; Lisianski Island 26[deg]00[min] N. lat., 
173[deg]55[min] W. long.; Pearl and Hermes Reef 27[deg]50[min] N. lat., 
175[deg]50[min] W. long.; Midway Islands 28[deg]14[min] N. lat., 
177[deg]22[min] W. long.; and Kure Island 28[deg]25[min] N. lat., 
178[deg]20[min] 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 Administrator means the Director, Southwest Region, NMFS 
(see Table 1 of Sec. 600.502 for address).
    Seamount groundfish means the following species:

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

    Selective gear means any gear used for harvesting corals that can 
discriminate or differentiate between type, size, quality, or 
characteristics of living or dead corals.
    Special Agent-In-Charge (SAC) means the Special Agent-In-Charge, 
NMFS, Office of Enforcement, Southwest Region, or a designee of the 
Special Agent-In-Charge.
    Transship means offloading or otherwise transferring management unit 
species or products thereof to a receiving vessel.
    Trap means a box-like device used for catching and holding lobsters.
    U.S. harvested corals means coral caught, taken, or harvested by 
vessels of the United States within any fishery for which a fishery 
management plan has been implemented under the Magnuson Act.
    Vessel monitoring system unit (VMS unit) means the hardware and 
software 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; 67 FR 4371, Jan. 30, 2002; 67 FR 11945, Mar. 18, 
2002; 67 FR 34412, May 14, 2002; 67 FR 56501, Sept. 4, 2002]



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.

[[Page 492]]

    (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, 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 Sec. 660.21, Sec. 660.41, or Sec. 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 
Administrator. 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 Administrator as required by this paragraph 
(a). Each form must be signed and dated by the fishing vessel operator.
    (1) The operator of any vessel subject to the requirements of 
Sec. 660.21(a) through (c), Sec. 660.41, or Sec. 660.81 must submit the 
original logbook form for each day of the fishing trip to the Regional 
Administrator within 72 hours of each landing of management unit 
species.
    (2) Except for a vessel that is fishing in the U.S. EEZ around 
Midway Atoll

[[Page 493]]

as specified in paragraph (a)(3) of this section, any operator whose 
vessel is registered for use with a PRIA pelagic troll and handline 
fishing permit under Sec. 660.21(d) must submit the original logbook 
form for each day of fishing within the U.S. EEZ around the PRIA to the 
Regional Administrator within 10 days of each landing of management unit 
species.
    (3) The operator of a vessel fishing in the U.S. EEZ around Midway 
Atoll and registered for use with a PRIA pelagic troll and handline 
fishing permit under Sec. 660.21(d) must submit an appropriate reporting 
form as required and in a manner specified by the U.S. Fish and Wildlife 
Service for each day of fishing within the U.S. EEZ around Midway Atoll, 
which is defined as an area of the Pacific Ocean bounded on the east by 
177[deg]10' W. long., on the west by 177[deg]30' W. long., on the north 
by 28[deg]25' N. lat., and on the south by 28[deg]05' N. lat.
    (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 Administrator. 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 Administrator 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 Administrator, 
within 72 hours of offloading of crustaceans management unit species, an 
accurate and complete sales report on a form provided by the Regional 
Administrator. 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 Administrator may, after consultation with the Council, 
initiate rulemaking to modify the information to be provided on the 
fishing record forms, transshipment logbook, and sales report forms and 
timeliness by which the information is to be provided, including the 
submission of packing or weighout slips.
    (f) Availability of records for inspection. (1) Pacific pelagic 
management unit species. Upon request, any fish dealer must immediately 
provide an authorized officer access for inspecting and copying all 
records of purchases, sales, or other transactions involving Pacific 
pelagic management unit species taken or handled by longline vessels 
that have permits issued under this subpart or that are otherwise 
subject to subpart C of this part, including, but not limited to, 
information concerning:
    (i) The name of the vessel involved in each transaction and the 
owner or operator of the vessel.
    (ii) The weight, number, and size of each species of fish involved 
in each transaction.
    (iii) Prices paid by the buyer and proceeds to the seller in each 
transaction.
    (2) Crustaceans management unit species. Upon request, any first-
level buyer must immediately allow an authorized officer and any 
employee of NMFS designated by the Regional Administrator, 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 Administrator. 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

[[Page 494]]

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; 67 
FR 56501, Sept. 4, 2002]



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 Administrator 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 Administrator under Sec. 660.28, Sec. 660.49, 
or Sec. 660.65, or under any provision in an EFP issued under 
Sec. 660.17.
    (k) Fail to notify officials as required in Secs. 660.23, 660.28, 
660.43, and 660.63.



Sec. 660.16  Vessel identification.

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



Sec. 660.17  Experimental fishing.

    (a) General. The Regional Administrator 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 Administrator in accordance 
with the criteria and procedures specified in this section. EFPs will be 
issued without charge.

[[Page 495]]

    (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 
Administrator 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 Administrator 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 
Administrator 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 Administrator will consult with the Council 
and the Director of the affected state fishery management agency 
concerning the permit application. The applicant will be notified in 
advance of the meeting at which the application will be considered, and 
invited to appear in support of the application, if the applicant 
desires.
    (3) Within 5 working days after the consultation in paragraph (e)(2) 
of this section, or as soon as practicable thereafter, NMFS will notify 
the applicant in writing of the decision to grant or deny the EFP and, 
if denied, the reasons for the denial. Grounds for denial of an EFP 
include, but are not limited to, the following:
    (i) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his or her application.
    (ii) According to the best scientific information available, the 
harvest to be conducted under the permit would detrimentally affect any 
species of fish in a significant way.
    (iii) Issuance of the EFP would inequitably allocate fishing 
privileges among domestic fishermen or would have economic allocation as 
its sole purpose.
    (iv) Activities to be conducted under the EFP would be inconsistent 
with the intent of this section or the management objectives of the FMP.

[[Page 496]]

    (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 Administrator 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 Administrator within 3 days of arriving in port.



              Subpart C--Western Pacific Pelagic Fisheries



Sec. 660.21  Permits.

    (a) A fishing vessel of the United States must be registered for use 
under a Hawaii longline limited access permit or a longline general 
permit if that vessel is used:
    (1) To fish for Pacific pelagic management unit species using 
longline gear in the EEZ around American Samoa, Guam, the Northern 
Mariana Islands, or other U.S. island possessions in the Pacific Ocean; 
or
    (2) To land or transship, shoreward of the outer boundary of the EEZ 
around American Samoa, Guam, the Northern Mariana Islands, or other U.S. 
island possessions in the Pacific Ocean, Pacific pelagic management unit 
species that were harvested with longline gear.
    (b) A fishing vessel of the United States must be registered for use 
under a Hawaii longline limited access permit if that vessel is used:
    (1) To fish for Pacific pelagic management unit species using 
longline gear in the EEZ around Hawaii; or
    (2) To land or transship, shoreward of the outer boundary of the EEZ 
around Hawaii, Pacific pelagic management unit species that were 
harvested with longline gear.
    (c) A receiving vessel must be registered for use with a receiving 
vessel permit if that vessel is used to land or

[[Page 497]]

transship, shoreward of the outer boundary of the fishery management 
area, Pacific pelagic management unit species that were harvested with 
longline gear.
    (d) A fishing vessel of the United States must be registered for use 
with a PRIA pelagic troll and handline fishing permit if that vessel is 
used to fish for Pacific pelagic management unit species using pelagic 
handline or trolling fishing methods in the U.S. EEZ around the PRIA.
    (e) 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.
    (f) 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.
    (g) An application for a permit required under this section will be 
submitted to the Pacific Area Office as described inSec. 660.13.
    (h) 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.
    (i) 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).
    (j) 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).
    (k) 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.
    (l) 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 
Administrator the granting, denial, conditioning, suspension, or 
transfer of a permit or requested permit under this section. To be 
considered by the Regional Administrator, 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 Administrator may request additional information. Upon receipt 
of sufficient information, the Regional Administrator 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 (l)(3) of this section; and such other 
considerations as deemed appropriate. The Regional Administrator will 
notify the appellant of the decision and the reasons therefor, in 
writing, normally within 30 days of the receipt of sufficient 
information, unless additional time is needed for a hearing.
    (2) If a hearing is requested, or if the Regional Administrator 
determines that one is appropriate, the Regional Administrator 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 Administrator.
    (3) The Regional Administrator may adopt the hearing officer's 
recommended decision, in whole or in

[[Page 498]]

part, or may reject or modify it. In any event, the Regional 
Administrator 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 
Administrator'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 Administrator for good 
cause, either upon his/her own motion or upon written request from the 
appellant stating the reason(s) therefor.
    (m) Except during October, NMFS will not register with a Hawaii 
longline limited access permit any vessel that is de-registered from a 
Hawaii longline limited access permit after March 29, 2001.
    (n) Applications for the re-registration of any vessel that was de-
registered from a Hawaii longline limited access permit after March 29, 
2001, must be received at PIAO or postmarked between September 15 and 
October 15.

[61 FR 34572, July 2, 1996, as amended at 67 FR 40235, June 12, 2002; 67 
FR 56501, Sept. 4, 2002]



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. 
island possessions in the Pacific Ocean.
    (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. 660.27.
    (j) Fail to comply with notification requirements set forth in 
Sec. 660.23 or in any EFP issued under Sec. 660.17.
    (k) Fail to comply with a term or condition governing the observer 
program established in Sec. 660.28.
    (l) Fail to comply with other terms and conditions that the Regional 
Director imposes by written notice to either the permit holder or the 
designated agent of the permit holder to facilitate the details of 
observer placement.
    (m) Fish in the fishery after failing to comply with the 
notification requirements in Sec. 660.23.
    (n) Use a U.S. vessel that has longline gear on board and that does 
not have a valid Hawaii longline limited access permit registered for 
use with that vessel or a valid longline general permit registered for 
use with that vessel to land or transship Pacific pelagic management 
unit species shoreward of the outer boundary of the EEZ around American 
Samoa, Guam, the Northern Mariana Islands, or U.S. island possessions in 
the Pacific Ocean.
    (o) Use a U.S. vessel that has longline gear on board and that does 
not have a

[[Page 499]]

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. island possessions in the Pacific Ocean 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.
    (z) Fail to use a line setting machine or line shooter, with 
weighted branch lines, to set the main longline when operating a vessel 
that is registered for use under a Hawaii longline limited access permit 
and equipped with monofilament main longline, when making deep sets 
north of 23[deg] N. lat., in violation of Sec. 660.35 (a)(1) and (a)(2).
    (aa) Fail to employ basket-style longline gear such that the 
mainline is deployed slack when operating a vessel registered for use 
under a Hawaii longline limited access north of 23[deg] N. lat., in 
violation of Sec. 660.35 (a)(3).
    (bb) Fail to maintain and use blue dye to prepare thawed bait when 
operating a vessel registered for use under a Hawaii longline limited 
access permit that is fishing north of 23[deg] N. lat., in violation of 
Sec. 660.35 (a)(4), (a)(5), and (a)(6).
    (cc) Fail to retain, handle, and discharge fish, fish parts, and 
spent bait, strategically when operating a vessel registered for use 
under a Hawaii longline limited access permit that is fishing north of 
23[deg] N. lat., in violation of Sec. 660.35 (a)(7) through (a)(9).
    (dd) Fail to handle short-tailed albatrosses that are caught by 
pelagic longline gear in a manner that maximizes the probability of 
their long-term survival, in violation of Sec. 660.35 (b).
    (ee) Fail to handle seabirds other than short-tailed albatross that 
are caught by pelagic longline gear in a manner that maximizes the 
probability of their long-term survival, in violation of Sec. 660.35 
(c).
    (ff) Own a longline vessel registered for use under a Hawaii 
longline limited access permit that is engaged in longline fishing for 
Pacific pelagic management unit species, without a valid protected 
species workshop certificate issued by NMFS or a legible copy thereof in 
violation of Sec. 660.36 (a).
    (gg) Fish for Pacific pelagic management unit species on a vessel 
registered for use under a Hawaii limited access longline permit without 
having onboard a valid protected species workshop certificate issued by 
NMFS or a legible copy thereof in violation of Sec. 660.36 (d).
    (hh)-(ii) [Reserved]
    (jj) Fail to carry line clippers, dip nets, and wire or bolt cutters 
on a vessel registered for use under a Hawaii longline limited access 
permit or a longline general permit that has a

[[Page 500]]

freeboard of more than 3 ft (0.9 m) in violation of Sec. 660.32(a).
    (kk) Fail to carry line clippers and wire or bolt cutters on a 
vessel fishing with hooks for Pacific pelagic management unit species 
within EEZ waters around Hawaii, American Samoa, Guam, the Commonwealth 
of the Northern Mariana Islands, Midway, Johnston or Palmyra Atolls, 
Kingman Reef, and Wake, Jarvis, Baker, or Howland Islands that has a 
freeboard more than 3 ft (0.9 m) in violation of Sec. 660.32(a)(2).
    (ll) Fail to carry line clippers and wire or bolt cutters on a 
vessel registered for use under a Hawaii longline limited access permit 
or a longline general permit or on a vessel fishing with hooks for 
Pacific pelagic management unit species within EEZ waters around Hawaii, 
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, 
Midway, Johnston or Palmyra Atolls, Kingman Reef, and Wake, Jarvis, 
Baker, or Howland Islands, that has a freeboard of less than 3 ft (0.9 
m) in violation of Sec. 660.32(a)(3).
    (mm) Fail to comply with the sea turtle handling, resuscitation, and 
release requirements when operating a vessel registered for use under a 
Hawaii longline limited access permit or a longline general permit, or 
fishing with hooks for Pacific pelagic management unit species within 
EEZ waters around Hawaii, American Samoa, Guam, the Commonwealth of the 
Northern Mariana Islands, Midway, Johnston or Palmyra Atolls, Kingman 
Reef, and Wake, Jarvis, Baker, or Howland Islands in violation of 
Sec. 660.32(b).
    (nn) Direct fishing effort toward the harvest of swordfish (Xiphias 
gladius) using longline gear deployed north of the equator on a vessel 
registered for use under a Hawaii longline limited access permit or a 
longline general permit in violation of Sec. 660.33(a).
    (oo) Fish for Pacific pelagic management unit species with a vessel 
registered for use under a Hawaii longline limited access permit or a 
longline general permit within closed areas or by use of unapproved gear 
configurations in violation of Sec. 660.33(b), (c), (g), or (h).
    (pp) Use a receiving vessel registered for use under a receiving 
vessel permit to receive, land, or tranship from another vessel, Pacific 
pelagic management unit species harvested from closed areas with 
longline gear in violation of Sec. 660.33(d).
    (qq) Land or tranship shoreward of the outer boundary of the EEZ 
around Hawaii, American Samoa, Guam, the Commonwealth of the Northern 
Mariana Islands, Midway, Johnston or Palmyra Atolls, Kingman Reef, and 
Wake, Jarvis, Baker, or Howland Islands, Pacific pelagic management unit 
species that were harvested from closed areas with longline gear in 
violation of Sec. 660.33(e).
    (rr) Possess a light stick on board a vessel registered for use 
under either a Hawaii longline limited access permit or a longline 
general permit, on fishing trips that include any fishing north of the 
equator (0[deg] lat.) in violation of Sec. 660.33(f).
    (ss) Possess or land more than 10 swordfish on board a vessel 
registered for use under either a Hawaii longline limited access permit 
or a longline general permit, from a fishing trip where any part of the 
trip included fishing north of the equator (0[deg] lat.) in violation of 
Sec. 660.33(i).
    (tt) Operate a vessel registered for use under a Hawaii longline 
limited access permit or a longline general permit to fish for Pacific 
pelagic management unit species without having onboard a valid protected 
species workshop certificate issued by NMFS or a legible copy thereof in 
violation of Sec. 660.36(c).
    (uu) Use a large vessel to fish for Pacific pelagic management unit 
species within an American Samoa large vessel prohibited area except as 
allowed pursuant to an exemption issued under Sec.  660.38.
    (vv) Use a U.S. vessel employing pelagic handline or trolling 
methods to fish in the U.S. EEZ around the PRIA without a valid PRIA 
pelagic troll and handline fishing permit registered for use with that 
vessel.

[61 FR 34572, July 2, 1996, as amended at 65 FR 16347, Mar. 28, 2000; 67 
FR 4371, Jan. 30, 2002; 67 FR 34412, May 14, 2002; 67 FR 40235, June 12, 
2002; 67 FR 56502, Sept. 4, 2002; 68 FR 13857, Mar. 21, 2003]

[[Page 501]]



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 Administrator 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 Administrator is 
otherwise notified by the permit holder. The notice must be provided to 
the office or telephone number designated by the Regional Administrator. 
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 
Administrator) immediately upon entering and immediately upon departing 
the protected species zone. The notification must include the name of 
the vessel, name of the operator, date and time (GMT) of access or exit 
from the protected species zone, and location by latitude and longitude 
to the nearest minute.



Sec. 660.24  Gear identification.

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



Sec. 660.25  Vessel monitoring system.

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

[[Page 502]]



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[min]    155[deg]40[min]
B...................................  18[deg]20[min]    156[deg]25[min]
C...................................  20[deg]00[min]    157[deg]30[min]
D...................................  20[deg]40[min]    161[deg]40[min]
E...................................  21[deg]40[min]    161[deg]55[min]
F...................................  23[deg]00[min]    161[deg]30[min]
G...................................  23[deg]05[min]    159[deg]30[min]
H...................................  22[deg]55[min]    157[deg]30[min]
I...................................  21[deg]30[min]    155[deg]30[min]
J...................................  19[deg]50[min]    153[deg]50[min]
K...................................  19[deg]00[min]    154[deg]05[min]
A...................................  18[deg]05[min]    155[deg]40[min]
------------------------------------------------------------------------

    (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[min]    155[deg]40[min]
L...................................  18[deg]25[min]    155[deg]40[min]
M...................................  19[deg]00[min]    154[deg]45[min]
N...................................  19[deg]15[min]    154[deg]25[min]
O...................................  19[deg]40[min]    154[deg]20[min]
P...................................  20[deg]20[min]    154[deg]55[min]
Q...................................  20[deg]35[min]    155[deg]30[min]
R...................................  21[deg]00[min]    155[deg]35[min]
S...................................  22[deg]30[min]    157[deg]35[min]
T...................................  22[deg]40[min]    159[deg]35[min]
U...................................  22[deg]25[min]    160[deg]20[min]
V...................................  21[deg]55[min]    160[deg]55[min]
W...................................  21[deg]40[min]    161[deg]00[min]
E...................................  21[deg]40[min]    161[deg]55[min]
D...................................  20[deg]40[min]    161[deg]40[min]
C...................................  20[deg]00[min]    157[deg]30[min]
B...................................  18[deg]20[min]    156[deg]25[min]
A...................................  18[deg]05[min]    155[deg]40[min]
------------------------------------------------------------------------

    (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[min]    144[deg]00[min]
B...................................  14[deg]00[min]    143[deg]38[min]
C...................................  13[deg]41[min]    144[deg]33[min]3
                                                         0[sec]
D...................................  13[deg]00[min]    143[deg]25[min]3
                                                         0[sec]
E...................................  12[deg]20[min]    143[deg]37[min]
F...................................  11[deg]40[min]    144[deg]09[min]
G...................................  12[deg]00[min]    145[deg]00[min]
H...................................  13[deg]00[min]    145[deg]42[min]
I...................................  13[deg]27[min]    145[deg]51[min]
------------------------------------------------------------------------



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

[[Page 503]]

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 Administrator 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 Administrator 
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 Administrator 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 Administrator may:
    (i) Reject the Council's recommendation, in which case written 
reasons will be provided by the Regional Administrator to the Council 
for the rejection; or
    (ii) Concur with the Council's recommendation and, after finding 
that it is consistent with the goals and objectives of the Pelagics FMP, 
the national standards, and other applicable law, initiate rulemaking to 
implement the Council's recommendations.



Sec. 660.28  Conditions for at-sea observer coverage.

    (a) NMFS shall advise the permit holder or the designated agent of 
any observer requirement at least 24 hours (not including weekends and 
Federal holidays) before any trip for which NMFS received timely notice 
in compliance with these regulations.
    (b) The ``Notice Prior to Fishing Trip'' requirements in this 
subpart commit the permit holder to the representations in the notice. 
The notice can be modified by the permit holder or designated agent 
because of changed circumstance, if the Regional Administrator is 
promptly provided a modification to the notice that complies with the 
notice requirements. The notice will also be considered modified if the 
Regional Administrator 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 Administrator'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.

[[Page 504]]

    (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 Administrator 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 
Administrator.
    (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 
Administrator.
    (2) If requested and properly documented, NMFS will reimburse the 
vessel owner for the following:
    (i) Communications charges incurred by the observer.
    (ii) Lost fishing time arising from a seriously injured or seriously 
ill observer, provided that notification of the nature of the emergency 
is transmitted to the Fisheries Observer Branch, Southwest Region, NMFS 
(see address for Southwest Regional Administrator) 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.

[[Page 505]]



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 Administrator 
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 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 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 
Administrator about any new measure. NMFS may implement the Council's 
recommendation by rulemaking if approved by the Regional Administrator.



Sec. 660.32  Sea turtle take mitigation measures.

    (a) Possession and use of required mitigation gear--(1) Owners and 
operators of vessels registered for use under a Hawaii longline limited 
access permit or (after July 12, 2002) a longline general permit that 
have a freeboard more than 3 ft (0.9 m) must carry aboard their vessels 
line clippers meeting the minimum design standards as specified in 
paragraph (a)(4) of this section, dip nets meeting minimum standards 
prescribed in paragraph (a)(5) of this section, and wire or bolt cutters 
capable of cutting through the vessel's hooks. These items must be used 
to disengage any hooked or entangled sea turtles with the least harm 
possible to the sea turtles and as close to the hook as possible in 
accordance with the requirements specified in paragraphs (b) through (d) 
of this section.

[[Page 506]]

    (2) Owners and operators of vessels using hooks to target Pacific 
pelagic management unit species within EEZ waters around Hawaii, 
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, 
Midway, Johnston or Palmyra Atolls, Kingman Reef, and Wake, Jarvis, 
Baker, or Howland Islands, that have a freeboard more than 3 ft (0.9 m) 
must carry aboard their vessels line clippers meeting the minimum design 
standards as specified in paragraph (a)(4) of this section, and wire or 
bolt cutters capable of cutting through the vessel's hooks. These items 
must be used to disengage any hooked or entangled sea turtles with the 
least harm possible to the sea turtles and as close to the hook as 
possible in accordance with the requirements specified in paragraphs (b) 
through (d) of this section.
    (3) Owners and operators of vessels registered for use under a 
Hawaii longline limited access permit or a longline general permit, or 
using hooks to target Pacific pelagic management unit species within EEZ 
waters around Hawaii, American Samoa, Guam, the Commonwealth of the 
Northern Mariana Islands, Midway, Johnston or Palmyra Atolls, Kingman 
Reef, and Wake, Jarvis, Baker, or Howland Islands, that have a freeboard 
of 3 ft (0.9 m) or less must carry aboard their vessels line clippers 
capable of cutting the vessels fishing line or leader within 
approximately 1 ft (0.3 m) of the eye of an embedded hook as well as 
wire or bolt cutters capable of cutting through the vessel's hooks. 
These items must be used to disengage any hooked or entangled sea 
turtles with the least harm possible to the sea turtles and as close to 
the hook as possible in accordance with the requirements specified in 
paragraphs (b) through (d) of this section.
    (4) Line clippers. Line clippers are intended to cut fishing line as 
close as possible to hooked or entangled sea turtles. NMFS has 
established minimum design standards for line clippers. The Arceneaux 
line clipper (ALC) is a model line clipper that meets these minimum 
design standards and may be fabricated from readily available and low-
cost materials (figure 1). The minimum design standards are as follows:
    (i) A protected cutting blade. The cutting blade must be curved, 
recessed, contained in a holder, or otherwise afforded some protection 
to minimize direct contact of the cutting surface with sea turtles or 
users of the cutting blade.
    (ii) Cutting blade edge. The blade must be capable of cutting 2.0-
2.1 mm monofilament line and nylon or polypropylene multistrand material 
commonly known as braided mainline or tarred mainline.
    (iii) An extended reach holder for the cutting blade. The line 
clipper must have an extended reach handle or pole of at least 6 ft 
(1.82 m).
    (iv) Secure fastener. The cutting blade must be securely fastened to 
the extended reach handle or pole to ensure effective deployment and 
use.
    (5) Dip nets. Dip nets are intended to facilitate safe handling of 
sea turtles and access to sea turtles for purposes of cutting lines in a 
manner that minimizes injury and trauma to sea turtles. The minimum 
design standards for dip nets that meet the requirements of this section 
nets are:
    (i) An extended reach handle. The dip net must have an extended 
reach handle of at least 6 ft (1.82 m) of wood or other rigid material 
able to support a minimum of 100 lbs (34.1 kg) without breaking or 
significant bending or distortion.
    (ii) Size of dip net. The dip net must have a net hoop of at least 
31 inches (78.74 cm) inside diameter and a bag depth of at least 38 
inches (96.52 cm). The bag mesh openings may be no more than 3 inches x 
3 inches (7.62 cm 7.62 cm).
    (b) Handling requirements. (1) All incidentally taken sea turtles 
brought aboard for dehooking and/or disentanglement must be handled in a 
manner to minimize injury and promote post-hooking survival.
    (2) When practicable, comatose sea turtles must be brought on board 
immediately, with a minimum of injury, and handled in accordance with 
the procedures specified in paragraphs (c) and (d) of this section.
    (3) If a sea turtle is too large or hooked in such a manner as to 
preclude safe boarding without causing further

[[Page 507]]

damage/injury to the turtle, line clippers described in paragraph (a)(1) 
of this section must be used to clip the line and remove as much line as 
possible prior to releasing the turtle.
    (c) Resuscitation. If the sea turtle brought aboard appears dead or 
comatose, the sea turtle must be placed on its belly (on the bottom 
shell or plastron) so that the turtle is right side up and its 
hindquarters elevated at least 6 inches (15.24 cm) for a period of no 
less than 4 hours and no more than 24 hours. The amount of the elevation 
depends on the size of the turtle; greater elevations are needed for 
larger turtles. A reflex test, performed by gently touching the eye and 
pinching the tail of a sea turtle, must be administered by a vessel 
operator, at least every 3 hours, to determine if the sea turtle is 
responsive. Sea turtles being resuscitated must be shaded and kept damp 
or moist but under no circumstance may be placed into a container 
holding water. A water-soaked towel placed over the eyes, carapace, and 
flippers is the most effective method in keeping a turtle moist. Those 
that revive and become active must be returned to the sea in the manner 
described in paragraph (d) of this section. Sea turtles that fail to 
revive within the 24-hour period must also be returned to the sea in the 
manner described in paragraph (d)(1) of this section.
    (d) Release. Live turtles must be returned to the sea after handling 
in accordance with the requirements of paragraphs (b) and (c) of this 
section:
    (1) By putting the vessel engine in neutral gear so that the 
propeller is disengaged and the vessel is stopped, and releasing the 
turtle away from deployed gear; and
    (2) Observing that the turtle is safely away from the vessel before 
engaging the propeller and continuing operations.

[[Page 508]]

[GRAPHIC] [TIFF OMITTED] TR28MR00.019


[65 FR 16347, Mar. 28, 2000, as amended at 67 FR 40236, June 12, 2002; 
67 FR 48576, July 25, 2002]



Sec. 660.33  Western Pacific longline fishing restrictions.

    (a) Owners and operators of vessels registered for use under a 
Hawaii longline limited access permit or a longline general permit may 
not use longline gear to fish for or target swordfish (Xiphias gladius) 
north of the equator (0[deg] lat.).

[[Page 509]]

    (b) A person aboard a vessel registered for use under a Hawaii 
longline limited access permit or a western Pacific general longline 
permit that is fishing for Pacific pelagic management unit species north 
of the equator (0[deg] lat.) may not possess or deploy any float line 
that is shorter than or equal to 20 m (65.6 ft or 10.9 fm). As used in 
this paragraph ``float line'' means a line used to suspend the main 
longline beneath a float.
    (c) From April 1 through May 31, owners and operators of vessels 
registered for use under a Hawaii longline limited access permit or a 
longline general permit may not use longline gear in waters bounded on 
the south by 0[deg] lat., on the north by 15[deg] N. lat., on the east 
by 145[deg] W. long., and on the west by 180 long. (see Figure 1 to this 
section).
    (d) From April 1 through May 31, owners and operators of vessels 
registered for use under a receiving vessel permit may not receive from 
another vessel Pacific pelagic management unit species that were 
harvested by longline gear in waters bounded on the south by 0[deg] 
lat., on the north by 15[deg] N. lat., on the east by 145[deg] W. long., 
and on the west by 180[deg] long. (see Figure 1 to this section).
    (e) From April 1 through May 31, owners and operators of vessels 
registered for use under a Hawaii longline limited access permit, a 
longline general permit, or a receiving vessel permit, may not land or 
transship shoreward of the outer boundary of the EEZ around Hawaii, 
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, 
Midway, Johnston or Palmyra Atolls, Kingman Reef, and Wake, Jarvis, 
Baker, or Howland Islands, Pacific pelagic management unit species that 
were harvested by longline gear in waters bounded on the south by 0 
latitude, on the north by 15[deg] N. lat., on the east by 145[deg] W. 
long., and on the west by 180[deg] long. (see Figure 1 to this section).
    (f) No light stick may be possessed on board a vessel registered for 
use under either a Hawaii longline limited access permit or a longline 
general permit, during fishing trips that include any fishing north of 
the equator (0[deg] lat.). A light stick as used in this paragraph is 
any type of light emitting device, including any flourescent ``glow 
bead,'' chemical, or electrically powered light that is affixed 
underwater to the longline gear.
    (g) When a conventional monofilament longline is deployed in the 
water north of 0[deg] lat. by a vessel registered for use under a Hawaii 
longline limited access permit or a longline general permit, no fewer 
than 15 branch lines may be set between any 2 floats when fishing north 
of the equator. Vessel operators using basket-style longline gear must 
set a minimum of 10 branch lines between any 2 floats when fishing north 
of the equator.
    (h) Longline gear deployed north of 0[deg] lat. by a vessel 
registered for use under a Hawaii longline limited access permit or a 
longline general permit must be deployed such that the deepest point of 
the main longline between any 2 floats, i.e., the deepest point in each 
sag of the main line, is at a depth greater than 100 m (328.1 ft or 54.6 
fm) below the sea surface.
    (i) Owners and operators of longline vessels registered for use 
under a Hawaii longline limited access permit or a longline general 
permit may land or possess no more than 10 swordfish from a fishing trip 
where any part of the trip included fishing north of the equator (0[deg] 
lat.).

[[Page 510]]

[GRAPHIC] [TIFF OMITTED] TR12JN02.028


[67 FR 40236, June 12, 2002]



Sec. 660.34  Protected species workshop.

    (a) Each year the operator of a vessel registered for use under a 
Hawaii longline limited access permit or (after August 31, 2002) a 
longline general permit must attend and be certified for completion of a 
workshop conducted by NMFS on mitigation, handling, and release 
techniques for turtles and seabirds and other protected species.
    (b) A protected species workshop certificate will be issued by NMFS 
annually to any person who has completed the workshop.
    (c) An operator of a vessel registered for use under Hawaii longline 
limited access permit or a longline general permit and engaged in 
longline fishing, must have on board the vessel a valid protected 
species workshop certificate issued by NMFS or a legible copy thereof.

[67 FR 40237, June 12, 2002]



Sec. 660.35  Pelagic longline seabird mitigation measures.

    (a) Seabird mitigation techniques. Owners and operators of vessels 
registered for use under a Hawaii longline limited access permit must 
ensure that the following actions are taken when fishing north of 
23[deg] N. lat.:
    (1) Employ a line setting machine or line shooter to set the main 
longline when making deep sets using monofilament main longline;
    (2) Attach a weight of at least 45 g to each branch line within 1 m 
of the hook when making deep sets using monofilament main longline;
    (3) When using basket-style longline gear, ensure that the main 
longline is deployed slack to maximize its sink rate;

[[Page 511]]

    (4) Use completely thawed bait that has been dyed blue to an 
intensity level specified by a color quality control card issued by 
NMFS;
    (5) Maintain a minimum of two cans (each sold as 0.45 kg or 1 lb 
size) containing blue dye on board the vessel;
    (6) Discharge fish, fish parts (offal), or spent bait while setting 
or hauling longline gear, on the opposite side of the vessel from where 
the longline gear is being set or hauled;
    (7) Retain sufficient quantities of fish, fish parts, or spent bait, 
between the setting of longline gear for the purpose of strategically 
discharging it in accordance with paragraph (a)(6) of this section;
    (8) Remove all hooks from fish, fish parts, or spent bait prior to 
its discharge in accordance with paragraph (a)(6) of this section; and
    (9) Remove the bill and liver of any swordfish that is caught, sever 
its head from the trunk and cut it in half vertically, and periodically 
discharge the butchered heads and livers in accordance with paragraph 
(a)(6) of this section.
    (b) Short-tailed albatross handling techniques. If a short-tailed 
albatross is hooked or entangled by a vessel registered for use under a 
Hawaii longline limited access permit, owners and operators must ensure 
that the following actions are taken:
    (1) Stop the vessel to reduce the tension on the line and bring the 
bird on board the vessel using a dip net;
    (2) Cover the bird with a towel to protect its feathers from oils or 
damage while being handled;
    (3) Remove any entangled lines from the bird;
    (4) Determine if the bird is alive or dead.
    (i) If dead, freeze the bird immediately with an identification tag 
attached directly to the specimen listing the species, location and date 
of mortality, and band number if the bird has a leg band. Attach a 
duplicate identification tag to the bag or container holding the bird. 
Any leg bands present must remain on the bird. Contact NMFS, the Coast 
Guard, or the U.S. Fish and Wildlife Service at the numbers listed on 
the Short-tailed Albatross Handling Placard distributed at the NMFS 
protected species workshop, inform them that you have a dead short-
tailed albatross on board, and submit the bird to NMFS within 72 hours 
following completion of the fishing trip.
    (ii) If alive, handle the bird in accordance with paragraphs (b)(5) 
through (b)(10) of this section.
    (5) Place the bird in a safe enclosed place;
    (6) Immediately contact NMFS, the Coast Guard, or the U.S. Fish and 
Wildlife Service at the numbers listed on the Short-tailed Albatross 
Handling Placard distributed at the NMFS protected species workshop and 
request veterinary guidance;
    (7) Follow the veterinary guidance regarding the handling and 
release of the bird.
    (8) Complete the short-tailed albatross recovery data form issued by 
NMFS.
    (9) If the bird is externally hooked and no veterinary guidance is 
received within 24-48 hours, handle the bird in accordance with 
paragraphs (c)(4) and (c)(5) of this section, and release the bird only 
if it meets the following criteria:
    (i) Able to hold its head erect and respond to noise and motion 
stimuli;
    (ii) Able to breathe without noise;
    (iii) Capable of flapping and retracting both wings to normal folded 
position on its back;
    (iv) Able to stand on both feet with toes pointed forward; and
    (v) Feathers are dry.
    (10) If released under paragraph (a)(8) of this section or under the 
guidance of a veterinarian, all released birds must be placed on the sea 
surface.
    (11) If the hook has been ingested or is inaccessible, keep the bird 
in a safe, enclosed place and submit it to NMFS immediately upon the 
vessel's return to port. Do not give the bird food or water.
    (12) Complete the short-tailed albatross recovery data form issued 
by NMFS.
    (c) Non-short-tailed albatross seabird handling techniques. If a 
seabird other than a short-tailed albatross is hooked or entangled by a 
vessel registered for use under a Hawaii longline limited access permit 
owners and operators must

[[Page 512]]

ensure that the following actions are taken:
    (1) Stop the vessel to reduce the tension on the line and bring the 
seabird on board the vessel using a dip net;
    (2) Cover the seabird with a towel to protect its feathers from oils 
or damage while being handled;
    (3) Remove any entangled lines from the seabird;
    (4) Remove any external hooks by cutting the line as close as 
possible to the hook, pushing the hook barb out point first, cutting off 
the hook barb using bolt cutters, and then removing the hook shank;
    (5) Cut the fishing line as close as possible to ingested or 
inaccessible hooks;
    (6) Leave the bird in a safe enclosed space to recover until its 
feathers are dry; and
    (7) After recovered, release seabirds by placing them on the sea 
surface.

[67 FR 34412, May 14, 2002]



Sec. 660.36  Protected species workshop.

    (a) Each year both the owner and the operator of a vessel registered 
for use under a Hawaii longline limited access permit must attend and be 
certified for completion of a workshop conducted by NMFS on mitigation, 
handling, and release techniques for turtles and seabirds and other 
protected species.
    (b) A protected species workshop certificate will be issued by NMFS 
annually to any person who has completed the workshop.
    (c) An owner of a vessel registered for use under a Hawaii longline 
limited access permit must maintain and have on file a valid protected 
species workshop certificate issued by NMFS in order to maintain or 
renew their vessel registration.
    (d) An operator of a vessel registered for use under a Hawaii 
longline limited access permit and engaged in longline fishing, must 
have on board the vessel a valid protected species workshop certificate 
issued by NMFS or a legible copy thereof.

[67 FR 34413, May 14, 2002]



Sec.  660.37  American Samoa pelagic fishery area management.

    (a) Large vessel prohibited areas. A large vessel of the United 
States may not be used to fish for Pacific pelagic management unit 
species in the American Samoa large vessel prohibited areas as defined 
in paragraphs (b) and (c) of this section, except as allowed pursuant to 
an exemption issued under Sec.  660.38.
    (b) Tutuila Island, Manu'a Islands, and Rose Atoll (AS-1). The large 
vessel prohibited area around Tutuila Island, the Manu'a Islands, and 
Rose Atoll consists of the waters of the EEZ around American Samoa 
enclosed by straight lines connecting the following coordinates:

------------------------------------------------------------------------
                        Point                          S. lat.  W. long.
------------------------------------------------------------------------
AS-1-A                                                 13[deg]  167[deg]
                                                       30[min]   25[min]
AS-1-B                                                 15[deg]  167[deg]
                                                       13[min]   25[min]
------------------------------------------------------------------------


and from Point AS-1-A westward along the latitude 13[deg] 30' S. until 
intersecting the U.S. EEZ boundary with Samoa, and from Point AS-1-B 
westward along the latitude 15[deg] 13' S. until intersecting the U.S. 
EEZ boundary with Samoa.
    (c) Swains Island (AS-2). The large vessel prohibited area around 
Swains Island consists of the waters of the EEZ around American Samoa 
enclosed by straight lines connecting the following coordinates:

------------------------------------------------------------------------
                        Point                          S. lat.  W. long.
------------------------------------------------------------------------
AS-2-A                                                 11[deg]  171[deg]
                                                       48[min]   50[min]
AS-2-B                                                 11[deg]  170[deg]
                                                       48[min]   20[min]
------------------------------------------------------------------------


and from Point AS-2-A northward along the longitude 171[deg] 50[min] W. 
until intersecting the U.S. EEZ boundary with Tokelau, and from Point 
AS-2-B northward along the longitude 170[deg] 20[min] W. until 
intersecting the U.S. EEZ boundary with Tokelau.

[67 FR 4371, Jan. 30, 2002]



Sec.  660.38  Exemptions for American Samoa large vessel prohibited areas.

    (a) An exemption will be issued to a person who currently owns a 
large vessel, to use that vessel to fish for Pacific pelagic management 
unit species in the American Samoa large vessel prohibited management 
areas, if he or she

[[Page 513]]

had been the owner of that vessel when it was registered for use with a 
longline general permit and made at least one landing of Pacific pelagic 
management unit species in American Samoa on or prior to November 13, 
1997.
    (b) A landing of Pacific pelagic management unit species for the 
purpose of this section must have been properly recorded on a NMFS 
Western Pacific Federal daily longline form that was submitted to NMFS, 
as required in Sec.  660.14.
    (c) An exemption is valid only for a vessel that was registered for 
use with a longline general permit and landed Pacific pelagic management 
unit species in American Samoa on or prior to November 13, 1997, or for 
a replacement vessel of equal or smaller LOA than the vessel that was 
initially registered for use with a longline general permit on or prior 
to November 13, 1997.
    (d) An exemption is valid only for the vessel for which it is 
registered. An exemption not registered for use with a particular vessel 
may not be used.
    (e) An exemption may not be transferred to another person.
    (f) If more than one person, e.g., a partnership or corporation, 
owned a large vessel when it was registered for use with a longline 
general permit and made at least one landing of Pacific pelagic 
management unit species in American Samoa on or prior to November 13, 
1997, an exemption issued under this section will be issued to only one 
person.

[67 FR 4371, Jan. 30, 2002]



             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

[[Page 514]]

replacement vessel owned by that person.
    (g) Issuance of limited access permits to future applicants.
    (1) The Regional Director may issue limited access permits under 
this section when fewer than 15 vessel owners hold active permits.
    (2) When the Regional Director has determined that limited access 
permits may be issued to new persons, a notice shall be placed in the 
Federal Register, and other means will be used to notify prospective 
applicants of the opportunity to obtain permits under the limited access 
management program.
    (3) A period of 90 days will be provided after publication of the 
Federal Register notice for submission of new applications for a limited 
access permit.
    (4) Limited access permits issued under this paragraph (g) will be 
issued first to applicants qualifying under paragraph (g)(4)(i) of this 
section. If the number of limited access permits available is greater 
than the number of applicants that qualify under paragraph (g)(4)(i) of 
this section, then limited access permits will be issued to applicants 
under paragraph (g)(4)(ii) of this section.
    (i) First priority to receive limited access permits under this 
paragraph (g) goes to owners of vessels that were used to land lobster 
from Permit Area 1 during the period 1983 through 1990, and who were 
excluded from the fishery by implementation of the limited access 
system. If there are insufficient permits for all such applicants, the 
new permits shall be issued by the Regional Director through a lottery.
    (ii) Second priority to receive limited access permits under 
paragraph (g) goes to owners with the most points, based upon a point 
system. If two or more owners have the same number of points and there 
are insufficient permits for all such owners, the Regional Director 
shall issue the permits through a lottery. Under the point system, 
limited access permits will be issued, in descending order, beginning 
with owners who have the most points and proceeding to owners who have 
the least points, based on the following:
    (A) Three points shall be assigned for each calendar year after 
August 8, 1985, that the applicant was the operator of a vessel that was 
used to land lobster from Permit Area 1.
    (B) Two points shall be assigned for each calendar year or partial 
year after August 8, 1985, that the applicant was the owner, operator, 
or crew member of a vessel engaged in either commercial fishing in 
Permit Area 2 for lobster, or fishing in Permit Area 1 for fish other 
than lobster with an intention to sell all or part of the catch.
    (C) One point shall be assigned for each calendar year or partial 
year after August 8, 1985, that the applicant was the owner, operator, 
or crew member of a vessel engaged in any other commercial fishing in 
the EEZ surrounding Hawaii.
    (5) A holder of a new limited access permit must own at least a 50-
percent share in the vessel that the permit would cover.



Sec. 660.42  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 of 
this chapter and Sec. 660.16, it is unlawful for any person to do any of 
the following:
    (a) In Permit Area 1, it is unlawful for any person to--
    (1) Fish for, take, or retain lobsters--
    (i) Without a limited access permit issued under Sec. 660.41;
    (ii) By methods other than lobster traps or by hand for lobsters, as 
specified in Sec. 660.48;
    (iii) From closed areas for lobsters, as specified in Sec. 660.46;
    (iv) During a closed season, as specified in Sec. 660.45; or
    (v) After the closure date, as specified in Sec. 660.50, and until 
the fishery opens again in the following calendar year.
    (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

[[Page 515]]

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).
    (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 Administrator 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.

[[Page 516]]



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:
    (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

[[Page 517]]

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.
    (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 Administrator 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 Administrator 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 Administrator 
will notify all interested parties of the facts known about the 
incident. The Regional Administrator 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 Administrator 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:

[[Page 518]]

    (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.
    (v) Discover and evaluate any extenuating circumstances.
    (vi) Evaluate any other relevant factors.
    (2) The Regional Administrator will make the results of the 
investigation available to the interested parties and request their 
advice and comments.
    (d) Determination of relationship. The Regional Administrator 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 Administrator 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 Administrator 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 Administrator. If the Regional 
Administrator decides that protective measures are necessary and 
appropriate, the Regional Administrator 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 
Administrator concludes that protective measures are necessary and 
appropriate, the Regional Administrator 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 
Administrator'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

[[Page 519]]

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 Administrator or submitted by 
interested parties in deciding whether to repeal the protective 
measures.
    (3) If the Assistant Administrator decides to repeal the protective 
measures--
    (i) Interested parties will be notified of the decision; and
    (ii) Notification of repeal and the reasons for the repeal will be 
published in the Federal Register.



Sec. 660.52  Monk seal emergency protective measures.

    (a) Determination of emergency. If, at any time during the process 
described in Sec. 660.51, the Regional Administrator 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 Administrator 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 Administrator will determine the appropriate 
emergency protective measures.
    (2) NMFS will publish the emergency protective measures in the 
Federal Register.
    (3) The Regional Administrator 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 Administrator 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 Administrator 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 Administrator.
    (d) Procedure for New Measures. (1) New measures are management 
measures that have not been included in regulations implementing the 
FMP, or

[[Page 520]]

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 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 Administrator about any new 
measure. NMFS may implement the Council's recommendation by rulemaking 
if approved by the Regional Administrator.



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

[[Page 521]]

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) 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

[[Page 522]]

(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 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,

[[Page 523]]

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:
    (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.

[[Page 524]]

    (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 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

[[Page 525]]

directed to do so by the Regional Administrator.
    (b) The Pacific Area Office will advise the vessel owner or operator 
of any observer requirement within 72 hours (not including weekends or 
holidays) of receipt of the notice. If an observer is required, the 
owner or operator will be informed of the terms and conditions of 
observer coverage, and the time and place of embarkation of the 
observer.
    (c) All observers must be provided with sleeping, toilet, and eating 
accommodations at least equal to that provided to a full crew member. A 
mattress of futon on the floor or a cot is not acceptable in place of a 
regular bunk. Meal and other gallery privileges must be the same for the 
observer as for other crew members.
    (d) Female observers on a vessel with an all-male crew must be 
accommodated either in a single-person cabin or, if reasonable privacy 
can be ensured by installing a curtain or other temporary divider, in a 
two-person cabin shared with a licensed officer of the vessel. If the 
cabin assigned to a female observer does not have its own toilet and 
shower facilities that can be provided for the exclusive use of the 
observer, then a schedule for time-sharing of common facilities must be 
established and approved by the Regional Administrator prior to the 
vessel's departure from port.



Sec. 660.66  Protected species conservation.

    The Regional Administrator may change the size of the protected 
species study zones defined in Sec. 660.12 of this subpart:
    (a) If the Regional Administrator 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.

[[Page 526]]

    (8) Recommendations for Council action.
    (9) Estimated impacts of recommended action.
    (b) Recommendation of management action. (1) The team may present 
management recommendations to the Council at any time. Recommendations 
may cover actions suggested for Federal regulations, state/territorial 
action, enforcement or administrative elements, and research and data 
collection. Recommendations will include an assessment of urgency and 
the effects of not taking action.
    (2) The Council will evaluate the team's reports and 
recommendations, and the indicators of concern. The Council will assess 
the need for one or more of the following types of management action: 
Catch limits, size limits, closures, effort limitations, access 
limitations, or other measures.
    (3) The Council may recommend management action by either the state/
territorial governments or by Federal regulation.
    (c) Federal management action. (1) If the Council believes that 
management action should be considered, it will make specific 
recommendations to the Regional Administrator 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 Administrator 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 Administrator 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 Administrator 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 
Administrator on administrative decisions.
    (iv) The Council's recommendation to the Regional Administrator 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]

[[Page 527]]



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 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[min] W. long.
    (2) Northwestern Hawaiian Islands (NWHI) means the EEZ of the 
Hawaiian Islands Archipelago lying to the west of 161[deg]20[min] 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[min] 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[min] W. long. and north 
of 28[deg]00[min] 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 Administrator 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 live pink coral or live 
black coral

[[Page 528]]

from any precious coral permit area that is less than the minimum height 
specified in Sec. 660.86 unless:
    (1) A valid EFP was issued under Sec. 660.17 for the vessel and the 
vessel was operating under the terms of the permit; or
    (2) The coral originated outside coral beds listed in this 
paragraph, and this can be demonstrated through receipts of purchase, 
invoices, or other documentation.

[61 FR 34572, July 2, 1996, as amended at 67 FR 11945, Mar. 18, 2002]



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 
Administrator 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 Administrator'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 Administrator 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.

    The height of a live coral specimen shall be determined by a 
straight line measurement taken from its base to its most distal 
extremity. The stem diameter of a living coral specimen shall be 
determined by measuring the greatest diameter of the stem at a point no 
less than 1 inch (2.54 cm) from the top surface of the living holdfast.
    (a) Live pink coral harvested from any precious coral permit area 
must have attained a minimum height of 10 inches (25.4 cm).
    (b) Black coral. (1) Except as provided in paragraph (b)(2) of this 
section, live black coral harvested from any precious coral permit area 
must have attained either a minimum stem diameter of 1 inch (2.54 cm), 
or a minimum height of 48 inches (122 cm).
    (2) The NMFS Pacific Islands Area Office will issue an exemption 
permitting hand-harvesting of live black coral that has attained a 
minimum base diameter of 3/4 inches (1.91 cm), measured on the widest 
portion of the skeleton at a location just above the holdfast, to any 
person who reported a landing of black coral to the State of Hawaii 
within 5 years before April 17, 2002.

[67 FR 11945, Mar. 18, 2002]

[[Page 529]]



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[min] N. lat., 162[deg]35.0[min] W. long.



Sec. 660.88  Gear restrictions.

    Only selective gear may be used to harvest coral from any precious 
coral permit area.

[67 FR 11945, Mar. 18, 2002]



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, 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.

    Active sampling unit means a portion of the groundfish fleet in 
which an observer coverage plan is being applied.
    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.

[[Page 530]]

    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 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

[[Page 531]]

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).
    Footrope means a chain or wire rope attached to the bottom front end 
of a trawl net and attached to the trawl fishing line.
    Groundfish means species managed by the PCGFMP, specifically:

Sharks:
    leopard shark, Triakis semifasciata
    soupfin shark, Galeorhinus zyopterus
    spiny dogfish, Squalus acanthias
Skates:
    big skate, Raja binoculata
    California skate, R. inornata
    longnose skate, R. rhina
Ratfish:
    ratfish, Hydrolagus colliei
Morids:
    finescale codling, Antimora microlepis
Grenadiers:
    Pacific rattail, Coryphaenoides acrolepis
Roundfish:
    cabezon, Scorpaenichthys marmoratus
    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

[[Page 532]]

    Pacific sanddab, Citharichthys sordidus
    petrale sole, Eopsetta jordani
    rex sole, Glyptocephalus zachirus
    rock sole, Lepidopsetta bilineata
    sand sole, Psettichthys melanostictus
    starry flounder, Platichthys stellatus

    Groundfish trawl means trawl gear that is used under the authority 
of a valid limited entry permit issued under this subpart endorsed for 
trawl gear. It does not include any type of trawl gear listed as 
``exempted gear.''
    Harvest guideline means a specified numerical harvest objective that 
is not a quota. Attainment of a harvest guideline does not require 
closure of a fishery.
    Incidental catch or incidental species means groundfish species 
caught while fishing for the primary purpose of catching a different 
species.
    Land or landing means to begin transfer of fish from a fishing 
vessel. Once transfer begins, all fish aboard the vessel are counted as 
part of the landing.
    Length overall (LOA) (with respect to a vessel) means the length 
overall set forth in the Certificate of Documentation (CG-1270) issued 
by the USCG for a documented vessel, or in a registration certificate 
issued by a state or the USCG for an undocumented vessel; for vessels 
that do not have the LOA stated in an official document, the LOA is the 
LOA as determined by the USCG or by a marine surveyor in accordance with 
the USCG method for measuring LOA.
    Limited entry fishery means the fishery composed of vessels using 
trawl gear, longline, and trap (or pot) gear fished pursuant to the 
harvest guidelines, quotas, and other management measures governing the 
limited entry fishery.
    Limited entry gear means longline, trap (or pot), or groundfish 
trawl gear used under the authority of a valid limited entry permit 
affixed with an endorsement for that gear.
    Limited entry permit means the permit required to participate in the 
limited entry fishery, and includes the gear endorsements affixed to the 
permit unless specified otherwise.
    Open access fishery means the fishery composed of vessels using open 
access gear fished pursuant to the harvest guidelines, quotas, and other 
management measures governing the open access fishery. Any commercial 
fishing vessel that does not have a limited entry permit and which lands 
groundfish in the course of commercial fishing is a participant in 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.
    Overage means the amount of fish harvested by a vessel in excess of 
the applicable trip limit.
    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.
    Ownership interest, with respect to a sablefish endorsed permit, 
means participation in ownership of a corporation, partnership, or other 
entity that owns a sablefish endorsed permit. Participation in ownership 
does not mean owning stock in a publicly owned corporation.
    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.

[[Page 533]]

    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 of 
those rights to the permit owner. A permit lessee does not have the 
right to transfer a permit or change the ownership of the permit.
    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 Administrator means the Director, Northwest Region, NMFS. 
For fisheries occurring primarily or exclusively in the fishery 
management area seaward of California, ``Regional Administrator; 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.
    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 
setaside or allocation for a recreational or treaty Indian fishery; an 
apportionment of the above to an area, gear, season, fishery, or other 
subdivision.
     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).
    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).
    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.
    Trawl fishing line means a length of chain or wire rope in the 
bottom front end of a trawl net to which the webbing or lead ropes are 
attached.
    Trip limit means the total amount of a groundfish species or species 
complex by weight, or by percentage of weight of fish on board the 
vessel, that may legally be taken and retained, possessed, or landed per 
vessel from a single fishing trip.
    Vessel manager means a person or group of persons whom the vessel 
owner has given authority to oversee

[[Page 534]]

all or a portion of groundfish fishing activities aboard the vessel.

[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; 64 FR 69893, Dec. 
15, 1999; 65 FR 82952, Dec. 29, 2000; 66 FR 20612, Apr. 24, 2001; 66 FR 
29733, June 1, 2001; 66 FR 40919, Aug. 6, 2001; 66 FR 41157, Aug. 7, 
2001; 68 FR 11230, Mar. 7, 2003]

    Effective Date Note: At 68 FR 52521, Sept. 4, 2003, Sec. 660.302 was 
amended by adding a new definition for ``Biennial fishing period'' and 
revising the definitions for ``Fishing year,'' and ``Reserve,'', 
effective Oct. 6, 2003. For the convenience of the user, the new text 
follows:

Sec. 660.302  Definitions.

                                * * * * *

    Biennial fishing period means a 24-month period beginning at 0001 
local time on January 1 and ending at 2400 local time on December 31 of 
the subsequent year.

                                * * * * *

    Fishing year is the year beginning at 0001 local time on January 1 
and ending at 2400 local time on December 31 of the same year. There are 
two fishing years in each biennial fishing period.

                                * * * * *

    Reserve means a portion of the harvest guideline or quota set aside 
at the beginning of the fishing year or biennial fishing period to allow 
for uncertainties in preseason estimates.

                                * * * * *



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 may be 
conducted by NMFS to determine amounts of whiting that may be available 
for reallocation under 50 CFR 660.323 (a)(4)(v). No Federal reports are 
required of fishers or processors, so long as the data collection and 
reporting systems operated by state agencies continue to provide NMFS 
with statistical information adequate for management.
    (b) Any person who is required to do so by the applicable state law 
must make and/or file, retain, or make available any and all reports of 
groundfish landings containing all data, and in the 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; 65 FR 82953, Dec. 29, 2000]



Sec. 660.304  Management areas, including conservation areas, and commonly used geographic coordinates.

    (a) Management areas. (1) Vancouver. (i) 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[min]75[sec] N. lat., 124[deg]43[min]00[sec] W. long.) south of 
the International Boundary between the U.S. and Canada (at 48[deg] 
29[min]37.19[sec] N. lat., 124[deg]43[min]33.19[sec] W. long.), and 
north of the point where that line intersects with the boundary of the 
U.S. territorial sea.
    (ii) 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 
[numsign]18480 and [numsign]18007:

------------------------------------------------------------------------
                  Point                       N. Lat.        W. Long.
------------------------------------------------------------------------
1.......................................  48[deg]29[min]  124[deg]43[min
                                              37.19[sec]     ]33.19[sec]
2.......................................  48[deg]30[min]  124[deg]47[min
                                                 11[sec]        ]13[sec]
3.......................................  48[deg]30[min]  124[deg]50[min
                                                 22[sec]        ]21[sec]
4.......................................  48[deg]30[min]  124[deg]54[min
                                                 14[sec]        ]52[sec]
5.......................................  48[deg]29[min]  124[deg]59[min
                                                 57[sec]        ]14[sec]
6.......................................  48[deg]29[min]  125[deg]00[min
                                                 44[sec]        ]06[sec]
7.......................................  48[deg]28[min]  125[deg]05[min
                                                 09[sec]        ]47[sec]
8.......................................  48[deg]27[min]  125[deg]08[min
                                                 10[sec]        ]25[sec]
9.......................................  48[deg]26[min]  125[deg]09[min
                                                 47[sec]        ]12[sec]
10......................................  48[deg]20[min]  125[deg]22[min
                                                 16[sec]        ]48[sec]
11......................................  48[deg]18[min]  125[deg]29[min
                                                 22[sec]        ]58[sec]
12......................................  48[deg]11[min]  125[deg]53[min
                                                 05[sec]        ]48[sec]
13......................................  47[deg]49[min]  126[deg]40[min
                                                 15[sec]        ]57[sec]
14......................................  47[deg]36[min]  127[deg]11[min
                                                 47[sec]        ]58[sec]
15......................................  47[deg]22[min]  127[deg]41[min
                                                 00[sec]        ]23[sec]
16......................................  46[deg]42[min]  128[deg]51[min
                                                 05[sec]        ]56[sec]

[[Page 535]]

 
17......................................  46[deg]31[min]  129[deg]07[min
                                                 47[sec]        ]39[sec]
------------------------------------------------------------------------

    (iii) The southern limit is 47[deg]30[min] N. lat.
    (2) Columbia. (i) The northern limit is 47[deg]30[min] N. lat.
    (ii) The southern limit is 43[deg]00[min] N. lat.
    (3) Eureka. (i) The northern limit is 43[deg]00[min] N. lat.
    (ii) The southern limit is 40[deg]30[min] N. lat.
    (4) Monterey. (i) The northern limit is 40[deg]30[min] N. lat.
    (ii) The southern limit is 36[deg]00 N. lat.
    (5) Conception. (i) The northern limit is 36[deg]00[min] N. lat.
    (ii) 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[min]  117[deg]27[min
                                                 22[sec]        ]49[sec]
2.......................................  32[deg]37[min]  117[deg]49[min
                                                37.[sec]        ]31[sec]
3.......................................  31[deg]07[min]  118[deg]36[min
                                                 58[sec]        ]18[sec]
4.......................................  30[deg]32[min]  121[deg]51[min
                                                 31[sec]        ]58[sec]
------------------------------------------------------------------------

    (b) Commonly used geographic coordinates. (1) Cape Falcon, OR--
45[deg]46[min] N. lat.
    (2) Cape Lookout, OR--45[deg]20[min]15[sec] N. lat.
    (3) Cape Blanco, OR--42[deg]50[min] N. lat.
    (4) Cape Mendocino, CA--40[deg]30[min] N. lat.
    (5) North/South management line--40[deg]10[min] N. lat.
    (6) Point Arena, CA--38[deg]57[min]30[sec] N. lat.
    (7) Point Conception, CA--34[deg]27[min] N. lat.
    (c) Cowcod Conservation Areas (CCAs). (1) The Western CCA is an area 
south of Point Conception that is bound by straight lines connecting all 
of the following points in the order listed:

33[deg]50[min] N. lat., 119[deg]30[min] W. long.;
33[deg]50[min] N. lat., 118[deg]50[min] W. long.;
32[deg]20[min] N. lat., 118[deg]50[min] W. long.;
32[deg]20[min] N. lat., 119[deg]37[min] W. long.;
33[deg]00[min] N. lat., 119[deg]37[min] W. long.;
33[deg]00[min] N. lat., 119[deg]53[min] W. long.;
33[deg]33[min] N. lat., 119[deg]53[min] W. long.;
33[deg]33[min] N. lat., 119[deg]30[min] W. long.;
and connecting back to 33[deg]50[min] N. lat., 119[deg]30[min] W. long.

    (2) The Eastern CCA is a smaller area west of San Diego that is 
bound by straight lines connecting all of the following points in the 
order listed:

32[deg]42[min] N. lat., 118[deg]02 W. long.;
32[deg]42[min] N. lat., 117[deg]50 W. long.;
32[deg]36[min]42[sec] N. lat., 117[deg]50 W. long.;
32[deg]30[min] N. lat., 117[deg]53[min]30[sec] W. long.;
32[deg]30[min] N. lat., 118[deg]02 W. long.;
and connecting back to 32[deg]42[min] N. lat., 118[deg]02[min] W. long.

    (d) Yelloweye Rockfish Conservation Area (YRCA). The YRCA is an C-
shaped area off the northern Washington coast that is bound by straight 
lines connecting all of the following points in the order listed:

48[deg]18[min] N. lat.; 125[deg]18[min] W. long.;
48[deg]18[min] N. lat.; 124[deg]59[min] W. long.;
48[deg]11[min] N. lat.; 124[deg]59[min] W. long.;
48[deg]11[min] N. lat.; 125[deg]11[min] W. long.;
48[deg]04[min] N. lat.; 125[deg]11[min] W. long.;
48[deg]04[min] N. lat.; 124[deg]59[min] W. long.;
48[deg]00[min] N. lat.; 124[deg]59[min] W. long.;
48[deg]00[min] N. lat.; 125[deg]18[min] W. long.;
and connecting back to 48[deg]18[min] N. lat.; 125[deg]18[min] W. long.

    (e) 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.

[68 FR 23924, May 6, 2003]



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

[[Page 536]]

purposes of this section is the length set forth in USCG records or in 
state records, if no USCG record exists.
    (b) Maintenance of numbers. The operator of a vessel engaged in 
commercial fishing for groundfish must keep the identifying markings 
required by paragraph (a) of this section clearly legible and in good 
repair, and must ensure that no part of the vessel, its rigging, or its 
fishing gear obstructs the view of the official number from an 
enforcement vessel or aircraft.
    (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[min]30[sec] N. lat.), or between Destruction Island 
(47[deg]40[min]00[sec] N. lat.) and Leadbetter Point 
(46[deg]38[min]10[sec] N. lat.).

[[Page 537]]

    (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 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 on board a vessel the limited entry permit 
registered for use with that vessel, if a limited entry permit is 
registered for use with that vessel.
    (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) Take, retain, possess or land sablefish under the cumulative 
limits provided for the primary limited entry, fixed gear sablefish 
season, described in Sec. 660.323 (a)(2), from a vessel that is not 
registered to a limited entry permit with a sablefish endorsement.
    (t) Take, retain, possess, or land more than a single cumulative 
limit of a particular species, per vessel, per applicable cumulative 
limit period, except for sablefish taken in the primary limited entry, 
fixed gear sablefish season from a vessel authorized under Sec. 660.323 
(a)(2)(i) to participate in that season, as described at Sec. 660.323 
(a)(2)(ii).
    (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.
    (y) Groundfish observer program. (1) Forcibly assault, resist, 
oppose, impede, intimidate, harass, sexually harass, bribe, or interfere 
with an observer.
    (2) Interfere with or bias the sampling procedure employed by an 
observer, including either mechanically or physically sorting or 
discarding 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) Harass an observer by conduct that:
    (i) Has sexual connotations,
    (ii) Has the purpose or effect of interfering with the observer's 
work performance, and/or
    (iii) Otherwise creates an intimidating, hostile, or offensive 
environment. In determining whether conduct constitutes harassment, the 
totality of

[[Page 538]]

the circumstances, including the nature of the conduct and the context 
in which it occurred, will be considered. The determination of the 
legality of a particular action will be made from the facts on a case-
by-case basis.
    (5) Fish for, land, or process fish without observer coverage when a 
vessel is required to carry an observer under Sec. 660.360(c).
    (6) 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.
    (7) Fail to provide departure or cease fishing reports specified at 
Sec. 660.360(c)(2).
    (8) Fail to meet the vessel responsibilities specified at 
Sec. 660.360(d).

[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; 66 FR 20613, Apr. 24, 2001; 66 FR 
40919, Aug. 6, 2001; 66 FR 41157, Aug. 7, 2001]



Sec. 660.321  Specifications and management measures.

    (a) General. NMFS will establish and adjust specifications and 
management measures annually and during the fishing year. Management of 
the Pacific Coast groundfish fishery will be conducted consistent with 
the standards and procedures in the PCGFMP and other applicable law. The 
PCGFMP is available from the Regional Administrator 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, and to 
protect overfished and depleted stocks.
    (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; 
66 FR 29733, June 1, 2001]

    Effective Date Note: At 68 FR 52522, Sept. 4, 2003, Sec. 660.321 was 
amended by revising paragraphs (a) through (c), effective Oct. 6, 2003. 
For the convenience of the user, the revised text follows:

Sec. 660.321  Specifications and management measures.

    (a) General. NMFS will establish and adjust specifications and 
management measures biennially or 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 Administrator 
or the Council.
    (b) Biennial actions. The Pacific Coast Groundfish fishery is 
managed on a biennial, calendar year basis. Harvest specifications and 
management measures will be announced biennially, with the harvest 
specifications for each species or species group set for two sequential 
calendar years. 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, and to protect overfished and depleted stocks.
    (c) Routine management measures. Management measures designated 
``routine'' at Sec. 660.323(b) may be adjusted during the fishing year 
after recommendation from the Council, approval by NMFS, and publication 
in the Federal Register.

                                * * * * *



Sec. 660.322  Gear restrictions.

    (a) General. The following types of fishing gear are authorized, 
with the restrictions set forth in this section:

[[Page 539]]

Trawl (bottom and pelagic), hook-and-line, longline, pot or trap, set 
net (anchored gillnet or trammel net), and spear.
    (b) Trawl gear--(1) Use. Trawl nets may be used on and off the 
seabed. Trawl nets may be fished with or without otter boards, and may 
use warps or cables to herd fish.
    (2) Mesh size. Trawl nets may be used if they meet the minimum mesh 
sizes set forth in this paragraph (b)(2). The minimum sizes apply 
throughout the net. Minimum trawl mesh size requirements are met if a 
20-gauge stainless steel wedge, 3.0 or 4.5 inches (7.6 or 11.4 cm) 
(depending on the gear being measured), less one thickness of the metal 
wedge, can be passed with only thumb pressure through at least 16 of 20 
sets of two meshes each of wet mesh.

                                      Minimum Trawl-Mesh Size In Inches \1\
----------------------------------------------------------------------------------------------------------------
                                                                       Subarea
             Trawl conception type              ----------------------------------------------------
                                                  Vancouver     Columbia      Eureka      Monterey
----------------------------------------------------------------------------------------------------------------
Bottom.........................................          4.5          4.5          4.5          4.5          4.5
Pelagic........................................          3.0          3.0          3.0          3.0         3.0
----------------------------------------------------------------------------------------------------------------
\1\ Metric conversion: 3.0 inches = 7.6 cm; 4.5 inches = 11.4 cm.

    (3) Chafing gear. Chafing gear may encircle no more than 50 percent 
of the net's circumference, except as provided in paragraph (b)(5) of 
this section. No section of chafing gear may be longer than 50 meshes of 
the net to which it is attached. Except at the corners, the terminal end 
of each section of chafing gear must not be connected to the net. (The 
terminal end is the end farthest from the mouth of the net.) Chafing 
gear must be attached outside any 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) Large and small footrope trawl gear. Large footrope trawl gear 
is bottom trawl gear, as specified at Sec. 660.302, with a footrope 
diameter larger than 8 inches (20 cm) (including rollers, bobbins or 
other material encircling or tied along the length of the footrope). 
Small footrope trawl gear is bottom trawl gear, as specified at 
Sec. 660.302 and 660.322(b), with a footrope diameter 8 inches (20 cm) 
or smaller (including rollers, bobbins or other material encircling or 
tied along the length of the footrope). Chafing gear may be used only on 
the last 50 meshes of a small footrope trawl, measured from the terminal 
(closed) end of the coded. Other lines or ropes that run parallel to the 
footrope may not be augmented or modified to violate footrope size 
restrictions. For enforcement purposes, the footrope will be measured in 
a straight line from the outside edge to the opposite outside edge at 
the widest part on any individual part, including any individual disk, 
roller, bobbin, or any other device.
    (6) Pelagic or ``midwater'' 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. The footrope of pelagic gear may not be enlarged by encircling 
it with chains or by any other means. Ropes or lines running parallel to 
the footrope of pelagic trawl gear must be bare and may not be suspended 
with chains or any other materials. Sweepings, 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:

[[Page 540]]

    (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[min] 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.

[61 FR 34572, July 2, 1996, as amended at 68 FR 11231, Mar. 7, 2003]



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[min]30[sec] N. 
lat.), and between Destruction Island (47[deg]40[min] N. lat.) and 
Leadbetter Point (46[deg]38[min]10[sec] 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) Fixed gear sablefish. This paragraph (a)(2) applies to the 
primary season for the fixed gear limited entry sablefish fishery north 
of 36[deg] N. lat., except for paragraph (a)(2)(iii), of this section, 
which also applies 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 
primary season for the fixed gear limited entry fishery, unless at least 
one limited entry permit with both a gear endorsement for longline or 
trap (or pot) gear and a sablefish endorsement is registered for use 
with that vessel. Permits with sablefish endorsements are assigned to 
one of three tiers, as described at Sec. 660.334(d).
    (ii) Primary season-limited entry, fixed gear sablefish fishery- (A) 
Season dates. North of 36[deg] N. lat., the primary sablefish season for 
limited entry, fixed gear vessels begins at 12 noon l.t. on April 1 and 
ends at 12 noon l.t. on October 31, unless otherwise announced by the 
Regional Administrator.
    (B) Gear type. During the primary season and when fishing against 
primary season cumulative limits, each vessel authorized to participate 
in that season under paragraph (a)(2)(i) of this section may fish for 
sablefish with any of the gear types, except trawl gear, endorsed on at 
least one of the permits registered for use with that vessel.
    (C) Cumulative limits. (1) A vessel participating in the primary 
season will be constrained by the sablefish cumulative limit associated 
with each of the permits registered for use with that vessel. The 
Regional Administrator will annually calculate the size of the 
cumulative trip limit for each of the three tiers associated with the 
sablefish endorsement such that the ratio of limits between the tiers is 
approximately 1:1.75:3.85 for Tier 3:Tier 2:Tier

[[Page 541]]

1, respectively. The size of the cumulative trip limits will vary 
depending on the amount of sablefish available for the primary fishery 
and on estimated discard mortality rates within the fishery. The size of 
the cumulative trip limits for the three tiers in the primary fishery 
will be announced in the Federal Register each year before the fishery 
opens.
    (2) During the primary season, each vessel authorized to participate 
in that season under paragraph (a)(2)(i) of this section may take, 
retain, possess, and land sablefish, up to the cumulative limits for 
each of the permits registered for use with that vessel. If multiple 
limited entry permits with sablefish endorsements are registered for use 
with a single vessel, that vessel may land up to the total of all 
cumulative limits announced in the Federal Register for the tiers for 
those permits, except as limited by paragraph (a)(2)(ii)(c)(3) of this 
section. Up to 3 permits may be registered for use with a single vessel 
during the primary season; thus, a single vessel may not take and 
retain, possess or land more than 3 primary season sablefish cumulative 
limits in any one year. A vessel registered for use with multiple 
limited entry permits is subject to per vessel limits for species other 
than sablefish, and to per vessel limits when participating in the daily 
trip limit fishery for sablefish under paragraph (a)(2)(iii) of this 
section.
    (3) If a permit is registered to more than one vessel during the 
primary season in a single year, the second vessel may only take the 
portion of the cumulative limit for that permit that has not been 
harvested by the first vessel to which the permit was registered. The 
combined primary season sablefish landings for all vessels registered to 
that permit may not exceed the cumulative limit for the tier associated 
with that permit.
    (4) 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.
    (iii) Limited entry and open access daily trip limit fisheries. (A) 
Before the start of the primary season, all sablefish landings made by a 
vessel authorized under paragraph (a)(2)(i) of this section to 
participate in the primary season will be subject to the restrictions 
and limits of the limited entry daily trip limit fishery for sablefish, 
which is governed by routine management measures imposed under paragraph 
(b) of this section.
    (B) Following the start of the primary season, all landings made by 
a vessel authorized under paragraph (a)(2)(i) of this section to 
participate in the primary season will count against the primary season 
cumulative limit(s) associated with the permit(s) registered for use 
with that vessel. Once a vessel has reached its total cumulative 
allowable sablefish landings for the primary season under paragraph 
(a)(2)(ii)(C) of this section, any subsequent sablefish landings by that 
vessel will be subject to the restrictions and limits of the limited 
entry daily trip limit fishery for sablefish for the remainder of the 
calendar year.
    (C) Vessels registered for use with a limited entry, fixed gear 
permit that does not have a sablefish endorsement may participate in the 
limited entry, daily trip limit fishery for as long as that fishery is 
open during the year, subject to routine management measures imposed 
under paragraph (b) of this section.
    (D) Open access vessels may participate in the open access, daily 
trip limit fishery for as long as that fishery is open during the year, 
subject to the routine management measures imposed under paragraph (b) 
of this section.
    (iv) Trip limits. Trip and/or frequency limits may be imposed in the 
limited entry fishery on vessels that are not participating in the 
primary 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

[[Page 542]]

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[min] 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[min] N. lat.
    (1) Procedures. The primary seasons for the whiting fishery north of 
40[deg]30[min] 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[min] N. lat. The primary season starts on 
April 15 south of 40[deg]30[min] 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[min]48[sec] N. lat. (approximately 6 nm north of the Klamath 
River mouth), on the west by 124[deg]23[min] W. long. (approximately 12 
nm from shore), and on the south by 41[deg]26[min]48[sec] 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[min] N. lat. to 
124[deg]13[min]18[sec] W. long., then southerly along a line of 167 True 
to 46[deg]11[min]06[sec] N. lat. and 124[deg]11[min] W. long. (Columbia 
River Buoy), then northeast along Red Buoy Line to the tip of the south 
jetty.
    (iii) Eureka area trip limits. Trip landing or frequency limits may 
be established, modified, or removed under Sec. 660.321 or Sec. 660.323, 
specifying the amount of Pacific whiting that may be taken and retained, 
possessed, or landed by a vessel that, at any time during a fishing 
trip, fished in the fishery management area shoreward of the 100-fathom 
(183-m) contour (as shown on NOAA Charts 18580, 18600, and 18620) in the 
Eureka area (from 43[deg]00[min] to 40[deg]30[min] N. lat.).
    (iv) At-sea processing. Whiting may not be processed at sea south of 
42[deg]00[min] 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[min] N. 
lat. between 0001 hours to one-half hour after official sunrise (local 
time). During this time south of 42[deg]00[min] 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.
    (vi) Bycatch reduction and full utilization program for at-sea 
processors (optional). If a catcher/processor or mothership in the 
whiting fishery carries more than one NMFS-approved observer for at 
least 90 percent of the fishing days during a cumulative trip

[[Page 543]]

limit period, then groundfish trip limits may be exceeded without 
penalty for that cumulative trip limit period, if the conditions in 
paragraph (a)(3)(vi)(A) of this section are met. For purposes of this 
program, ``fishing day'' means a 24-hour period, from 0001 hours through 
2400 hours, local time, in which fishing gear is retrieved or catch is 
received by the vessel, and will be determined from the vessel's 
observer data, if available. Changes to the number of observers required 
for a vessel to participate in the program will be announced prior to 
the start of the fishery, generally concurrent with the annual 
specifications and management measures. Groundfish consumed on board the 
vessel must be within any applicable trip limit and recorded as retained 
catch in any applicable logbook or report. [Note: For a mothership, non-
whiting groundfish landings are limited by the cumulative landings 
limits of the catcher vessels delivering to that mothership.]
    (A) Conditions. Conditions for participating in the voluntary full 
utilization program are as follows:
    (1) All catch must be made available to the observers for sampling 
before it is sorted by the crew.
    (2) Any retained catch in excess of cumulative trip limits must 
either be:
    (i) Converted to meal, mince, or oil products, which may then be 
sold; or
    (ii) Donated to a bona fide tax-exempt hunger relief organization 
(including food banks, food bank networks or food bank distributors), 
and the vessel operator must be able to provide a receipt for the 
donation of groundfish landed under this program from a tax-exempt 
hunger relief organization immediately upon the request of an authorized 
officer.
    (3) No processor or catcher vessel may receive compensation or 
otherwise benefit from any amount in excess of a cumulative trip limit 
unless the overage is converted to meal, mince, or oil products. Amounts 
of fish in excess of cumulative trip limits may only be sold as meal, 
mince, or oil products.
    (4) The vessel operator must contact the NMFS enforcement office 
nearest to the place of landing at least 24 hours before landing 
groundfish in excess of cumulative trip limits for distribution to a 
hunger relief agency. Cumulative trip limits and a list of NMFS 
enforcement offices are found on the NMFS, Northwest Region homepage at 
http://www.nwr.noaa.gov.
    (5) If the meal plant on board the whiting processing vessel breaks 
down, then no further overages may be retained for the rest of the 
cumulative trip limit period unless the overage is donated to a hunger 
relief organization.
    (6) Prohibited species may not be retained.
    (7) Donation of fish to a hunger relief organization must be noted 
in the transfer log (Product Transfer/Offloading Log (PTOL)), in the 
column for total value, by entering a value of ``0'' or ``donation,'' 
followed by the name of the hunger relief organization receiving the 
fish. Any fish or fish product that is retained in excess of trip limits 
under this rule, whether donated to a hunger relief organization or 
converted to meal, must be entered separately on the PTOL so that it is 
distinguishable from fish or fish products that are retained under trip 
limits. The information on the Mate's Receipt for any fish or fish 
product in excess of trip limits must be consistent with the information 
on the PTOL. The Mate's Receipt is an official document that states who 
takes possession of offloaded fish, and may be a Bill of Lading, 
Warehouse Receipt, or other official document that tracks the transfer 
of offloaded fish or fish product. The Mate's Receipt and PTOL must be 
made available for inspection upon request of an authorized officer 
throughout the cumulative limit period during which such landings 
occurred and for 15 days thereafter.
    (B) [Reserved]
    (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

[[Page 544]]

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.
    (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

[[Page 545]]

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.
    (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 have 
been designated as routine through the two-meeting process described in 
the FMP. The following catch restrictions have been designated as 
routine:
    (1) Commercial limited entry and open access fisheries--(i) Trip 
landing and frequency limits, size limits, all gear. Trip landing and 
frequency limits have been designated as routine for the following 
species or species groups: widow rockfish, canary rockfish, yellowtail 
rockfish, Pacific ocean perch, yelloweye rockfish, splitnose rockfish, 
bocaccio, cowcod, minor nearshore rockfish or shallow and deeper minor 
nearshore rockfish, shelf or minor shelf rockfish, and minor slope 
rockfish; Dover sole, sablefish, shortspine thornyheads, longspine 
thornyheads, and the ``DTS complex,'' which is composed of those 
species; petrale sole, rex sole, arrowtooth flounder, Pacific sanddabs, 
and the flatfish complex, which is composed of those species plus any 
other flatfish species listed at Sec. 660.302; Pacific whiting; lingcod; 
and ``other fish''

[[Page 546]]

as a complex consisting of all groundfish species listed at Sec. 660.302 
and not otherwise listed as a distinct species or species group. Size 
limits have been designated as routine for sablefish and lingcod. Trip 
landing and frequency limits and size limits for species with those 
limits designated as routine may be imposed or adjusted on an annual or 
more frequent basis for the purpose of keeping landings within the 
harvest levels announced by NMFS, and for the other purposes given in 
paragraph (b)(1)(i)(A) and (B) of this section.
    (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 protect overfished species; 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.
    (ii) Differential trip landing and frequency limits based on gear 
type, closed seasons. Trip landing and frequency limits that differ by 
gear type and closed seasons may be imposed or adjusted on an annual or 
more frequent basis for the purpose of rebuilding and protecting 
overfished or depleted stocks.
    (2) Recreational fisheries all gear types. Routine management 
measures for all groundfish species, separately or in any combination, 
include bag limits, size limits, time/area closures, boat limits, hook 
limits, and dressing requirements. All routine management measures on 
recreational fisheries are intended to keep landings within the harvest 
levels announced by NMFS, to rebuild and protect overfished or depleted 
species, and to maintain consistency with State regulations, and for the 
other purposes set forth in this section.
    (i) Bag limits. To spread the available catch over a large number of 
anglers; to protect and rebuild overfished species; to avoid waste.
    (ii) Size limits. To protect juvenile fish; to protect and rebuild 
overfished species; to enhance the quality of the recreational fishing 
experience.
    (iii) Season duration restrictions. To spread the available catch 
over a large number of anglers; to protect and rebuild overfished 
species; to avoid waste; to enhance the quality of the recreational 
fishing experience.
    (3) All fisheries, all gear types depth-based management measures. 
Depth-based management measures, particularly the setting of closed 
areas known as Groundfish Conservation Areas may be imposed on any 
sector of the groundfish fleet using specific boundary lines that 
approximate depth contours with latitude/longitude waypoints. Depth-
based management measures and the setting of closed areas may be used to 
protect and rebuild overfished stocks.
    (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; 66 FR 29733, June 1, 2001; 66 FR 41157, Aug. 
7, 2001; 67 FR 15338, Apr. 1, 2002; 68 FR 11231, Mar. 7, 2003]

    Effective Date Note: At 68 FR 52522, Sept. 4, 2003, Sec. 660.323 was 
amended by revising paragraphs (a)(2)(ii)(C)(1), (a)(3)(i)(A)(1), 
(a)(3)(vi) introductory text, paragraph (b) introductory text, and 
paragraphs (b)(1)(i) introductory text and (b)(1)(ii), effective Oct. 6, 
2003. For the convenience of the user, the revised text follows:

Sec. 660.323  Catch restrictions.

    (a)* * *
    (2)* * *
    (ii)* * *
    (C) Cumulative limits. (1) A vessel participating in the primary 
season will be constrained by the sablefish cumulative limit associated 
with each of the permits registered for use with that vessel. The 
Regional Administrator will biennially or annually calculate the size of 
the cumulative trip limit for each of the three tiers associated with 
the sablefish endorsement such that the ratio of limits between the 
tiers is approximately 1:1.75:3.85 for Tier 3:Tier

[[Page 547]]

2:Tier 1, respectively. The size of the cumulative trip limits will vary 
depending on the amount of sablefish available for the primary fishery 
and on estimated discard mortality rates within the fishery. The size of 
the cumulative trip limits for the three tiers in the primary fishery 
will be announced in the Federal Register.

                                * * * * *

    (3)* * *
    (i)* * *
    (A)* * *
    (1) Procedures. The primary seasons for the whiting fishery north of 
40[deg]30[min] N. lat. generally will be established according to the 
procedures of the PCGFMP for developing and implementing harvest 
specifications and apportionments. The season opening dates remain in 
effect unless changed, generally with the harvest specifications and 
management measures.

                                * * * * *

    (vi) Bycatch reduction and full utilization program for at-sea 
processors (optional). If a catcher/processor or mothership in the 
whiting fishery carries more than one NMFS-approved observer for at 
least 90 percent of the fishing days during a cumulative trip limit 
period, then groundfish trip limits may be exceeded without penalty for 
that cumulative trip limit period, if the conditions in paragraph 
(a)(3)(vi)(A) of this section are met. For purposes of this program, 
``fishing day'' means a 24-hour period, from 0001 hours through 2400 
hours, local time, in which fishing gear is retrieved or catch is 
received by the vessel, and will be determined from the vessel's 
observer data, if available. Changes to the number of observers required 
for a vessel to participate in the program will be announced prior to 
the start of the fishery, generally concurrent with the harvest 
specifications and management measures. Groundfish consumed on board the 
vessel must be within any applicable trip limit and recorded as retained 
catch in any applicable logbook or report. [Note: For a mothership, non-
whiting groundfish landings are limited by the cumulative landings 
limits of the catcher vessels delivering to that mothership.]

                                * * * * *

    (b) Routine management measures. In addition to the catch 
restrictions in this section, other catch restrictions that are likely 
to be adjusted on a biennial or more frequent basis may be imposed and 
announced by a single notification in the Federal Register if good cause 
exists under the APA to waive notice and comment, and if they have been 
designated as routine through the two-meeting process described in the 
PCGFMP. The following catch restrictions have been designated as 
routine:
    (1) Commercial limited entry and open access fisheries--(i) Trip 
landing and frequency limits, size limits, all gear. Trip landing and 
frequency limits have been designated as routine for the following 
species or species groups: widow rockfish, canary rockfish, yellowtail 
rockfish, Pacific ocean perch, yelloweye rockfish, splitnose rockfish, 
bocaccio, cowcod, minor nearshore rockfish or shallow and deeper minor 
nearshore rockfish, shelf or minor shelf rockfish, and minor slope 
rockfish; DTS complex which is composed of Dover sole, sablefish, 
shortspine thornyheads, and longspine thornyheads; petrale sole, rex 
sole, arrowtooth flounder, Pacific sanddabs, and the flatfish complex, 
which is composed of those species plus any other flatfish species 
listed at Sec. 660.302; Pacific whiting; lingcod; and ``other fish'' as 
a complex consisting of all groundfish species listed at Sec. 660.302 
and not otherwise listed as a distinct species or species group. Size 
limits have been designated as routine for sablefish and lingcod. Trip 
landing and frequency limits and size limits for species with those 
limits designated as routine may be imposed or adjusted on a biennial or 
more frequent basis for the purpose of keeping landings within the 
harvest levels announced by NMFS, and for the other purposes given in 
paragraph (b)(1)(i)(A) and (B) of this section.

                                * * * * *

    (ii) Differential trip landing and frequency limits based on gear 
type, closed seasons. Trip landing and frequency limits that differ by 
gear type and closed seasons may be imposed or adjusted on a biennial or 
more frequent basis for the purpose of rebuilding and protecting 
overfished or depleted stocks.

                                * * * * *



Sec. 660.324  Pacific Coast treaty Indian fisheries.

    (a) Pacific Coast treaty Indian tribes have treaty rights to harvest 
groundfish in their usual and accustomed fishing areas in U.S. waters.
    (b) For the purposes of this part, Pacific Coast treaty Indian 
tribes means the Hoh, Makah, and Quileute Indian Tribes and the Quinault 
Indian Nation.
    (c) The Pacific Coast treaty Indian tribes' usual and accustomed 
fishing areas within the fishery management area (FMA) are set out below 
in paragraphs (c)(1) through (c)(4) of this section. Boundaries of a 
tribe's fishing

[[Page 548]]

area may be revised as ordered by a Federal court.
    (1) Makah--That portion of the FMA north of 48[deg]02[min]15[sec] N. 
lat. (Norwegian Memorial) and east of 125[deg]44[min]00[sec] W. long.
    (2) Quileute--That portion of the FMA between 48[deg]07[min]36[sec] 
N. lat. (Sand Point) and 47[deg]31[min]42[sec] N. lat. (Queets River) 
and east of 125[deg]44[min]00[sec] W. long.
    (3) Hoh--That portion of the FMA between 47[deg]54[min]18[sec] N. 
lat. (Quillayute River) and 47[deg]21[min]00[sec] N. lat. (Quinault 
River) and east of 125[deg]44[min]00[sec] W. long.
    (4) Quinault--That portion of the FMA between 47[deg]40[min]06[sec] 
N. lat. (Destruction Island) and 46[deg]53[min]18[sec] N. lat. (Point 
Chehalis) and east of 125[deg]44[min]00[sec] 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 Administrator, 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 Sec. 660.331 through Sec. 660.341 
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[min]30[sec] N. lat.) and 
between Destruction Island (47[deg]40[min]00[sec] N. lat.) and 
Leadbetter Point (46[deg]38[min]10[sec] 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.

[61 FR 34572, July 2, 1996, as amended at 67 FR 65905, Oct. 29, 2002]

    Effective Date Note: At 68 FR 52522, Sept. 4, 2003, Sec. 660.324 was 
amended by revising paragraphs (d) and (j), effective Oct. 6, 2003. For 
the convenience of the user, the revised text follows:

Sec. 660.324  Pacific Coast treaty Indian fisheries.

                                * * * * *

    (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.

[[Page 549]]

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 
Administrator, prior to the first Council meeting in which biennial 
harvest specifications and management measures are discussed for an 
upcoming biennial management period. The Secretary generally will 
announce the annual tribal allocations at the same time as the 
announcement of the harvest 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.

                                * * * * *

    (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 biennially for two subsequent one year 
periods for the areas between the U.S.-Canadian border and Cape Alava 
(48[deg].09[min]30[sec] N. lat.) and between Destruction Island 
(47[deg]40[min]00[sec] N. lat.) and Leadbetter Point 
(46[deg]38[min]10[sec] N. lat.), in accordance with the procedures for 
implementing harvest specifications and management measures. 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.

                                * * * * *



Sec. 660.331  Limited entry and open access fisheries--general.

    All commercial fishing for groundfish must be conducted in 
accordance with the regulations governing limited entry and open access 
fisheries, except such fishing by treaty Indian tribes as may be 
separately provided for.



Sec. 660.332  Allocations.

    (a) General. The commercial portion of the Pacific Coast groundfish 
fishery, excluding the treaty Indian fishery, is divided into limited 
entry and open access fisheries. Separate allocations for the limited 
entry and open access fisheries will be established annually for certain 
species and/or areas using the procedures described in this subpart or 
the PCGFMP.
    (1) Limited entry allocation. The allocation for the limited entry 
fishery is the allowable catch (harvest guideline or quota excluding set 
asides for recreational or tribal Indian fisheries) minus the allocation 
to the open access fishery.
    (2) Open access allocation. The allocation for the open access 
fishery is derived by applying the open access allocation percentage to 
the annual harvest guideline or quota after subtracting any set asides 
for recreational or tribal Indian fisheries. For management areas where 
quotas or harvest guidelines for a stock are not fully utilized, no 
separate allocation will be established for the open access fishery 
until it is projected that the allowable catch for a species will be 
reached.
    (b) Open access allocation percentage. For each species with a 
harvest guideline or quota, the initial open access allocation 
percentage is calculated by:
    (1) Computing the total catch for that species during the window 
period 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

[[Page 550]]

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.

    Effective Date Note: At 68 FR 52523, Sept. 4, 2003, Sec. 660.332 was 
amended by revising paragraphs (a) introductory text, (b)(3), and (e), 
effective Oct. 6, 2003. For the convenience of the user, the revised 
text follows:

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 biennially or 
annually for certain species and/or areas using the procedures described 
in this subpart or the PCGFMP.

                                * * * * *

    (b) * * *
    (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 biennial fishing 
period's open access allocation.

                                * * * * *

    (e) Treaty Indian fisheries. Certain amounts of groundfish may be 
set aside biennially or 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.

                                * * * * *



Sec. 660.333  Limited entry fishery-eligibility and registration.

    (a) General. In order for a vessel to participate in the limited 
entry fishery, the vessel owner must hold (by ownership or lease) a 
limited entry permit and, through SFD, must register that permit for use 
with his/her vessel. When participating in the limited entry fishery, a 
vessel is authorized to fish with the gear type endorsed on the limited 
entry permit registered for use with that vessel. There are three types 
of gear endorsements: trawl, longline, and pot (or trap). A sablefish 
endorsement is also required for a vessel to participate in the primary 
season for the limited entry fixed gear sablefish fishery, north of 
36[deg] N. lat. A limited entry permit confers a privilege of 
participating in the Pacific Coast limited entry groundfish fishery in 
accordance with Federal regulations in 50 CFR part 660.
    (b) 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 a 
limited entry permit.
    (c) Registration. Limited entry permits will normally be registered 
for use with a particular vessel at the time the permit is issued, 
renewed, transferred, or replaced. If the permit will be used with a 
vessel other than the one registered on the permit, the permit owner 
must register that permit for use with the new vessel through the SFD. 
The reissued permit must be placed on board the new vessel in order for 
the vessel to participate in the limited entry fishery.
    (1) Registration of a permit to be used with a new vessel will take 
effect no earlier than the first day of the next major limited entry 
cumulative limit period following the date SFD receives the transfer 
form and the original permit.
    (2) The major limited entry cumulative limit periods will be 
announced in the Federal Register each year

[[Page 551]]

with the annual specifications and management measures, and with routine 
management measures when the cumulative limit periods are changed.
    (d) Limited entry permits indivisible. Limited entry permits may not 
be divided for use by more than one vessel.
    (e) Initial decisions. SFD will make initial decisions regarding 
permit endorsements, renewal, replacement, and change in vessel 
registration. SFD will notify the permit holder in writing with an 
explanation of any decision to deny a permit endorsement, renewal, 
replacement, or change in vessel registration. The SFD will decline to 
act on an application for permit endorsement, renewal, transfer, 
replacement, or registration of a limited entry permit if the permit is 
subject to sanction provisions of the Magnuson-Stevens Act at 16 U.S.C. 
1858 (a) and implementing regulations at 15 CFR part 904, subpart D, 
apply.

[66 FR 40919, Aug. 6, 2001, as amended at 66 FR 41158, Aug. 7, 2001]

    Effective Date Note: At 68 FR 52523, Sept. 4, 2003, Sec. 660.333 was 
amended by revising paragraph (c)(2), effective Oct. 6, 2003. For the 
convenience of the user, the revised text follows:

Sec. 660.333  Limited entry fishery eligibility and registration.

                                * * * * *

    (c) * * *
    (2) The major limited entry cumulative limit periods will be 
announced in the Federal Register with the harvest specifications and 
management measures, and with routine management measures when the 
cumulative limit periods are changed.

                                * * * * *



Sec. 660.334  Limited entry permits-endorsements.

    (a) ``A'' endorsement. 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. 660.334 (d) for provisions on 
sablefish endorsement requirements. An ``A'' endorsement is transferable 
with the limited entry permit to another person, or to a different 
vessel under the same ownership under Sec. 660.335. An ``A'' endorsement 
expires on failure to renew the limited entry permit to which it is 
affixed.
    (b) Gear Endorsements. There are three types of gear endorsements: 
trawl, longline and pot (trap). When limited entry permits were first 
issued, some vessel owners qualified for more than one type of gear 
endorsement based on the landings history of their vessels. Each limited 
entry permit has one or more gear endorsement(s). Gear endorsement(s) 
assigned to the permit at the time of issuance will be permanent and 
shall not be modified. While participating in the limited entry fishery, 
the vessel registered to the limited entry permit is authorized to fish 
the gear(s) endorsed on the permit. While participating in the limited 
entry, primary fixed gear fishery for sablefish described at 
Sec. 660.323(a)(2), a vessel registered to more than one limited entry 
permit is authorized to fish with any gear, except trawl gear, endorsed 
on at least one of the permits registered for use with that vessel. 
During the limited entry fishery, permit holders may also fish with open 
access gear; except that vessels fishing against primary sablefish 
season cumulative limits described at Sec.  660.323 (a)(2)(ii)(C) may 
not fish with open access gear against those limits.
    (c) Vessel size endorsements--(1) General. Each 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 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. This 
requirement does not apply to a permit with a sablefish endorsement that 
is endorsed for both trawl and either longline or pot gear and which is 
registered for use with a longline or pot gear vessel for purposes of 
participating in the limited entry primary fixed gear sablefish fishery 
described at Sec. 660.323 (a)(2).
    (ii) When permits are combined into one permit to be registered for 
use with

[[Page 552]]

a vessel requiring a larger size endorsement, the new permit will be 
endorsed for the size that results from the combination of the permits 
as described in paragraph (c)(2)(iii) of this section.
    (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 Sec. 660.335 (b) 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 Sec. 660.335 (b) or a change in 
the size endorsement under paragraph (c)(1)(i) of this section.
    (iii) 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.
    (3) Size endorsement requirements for sablefish endorsed permits. 
Notwithstanding paragraphs (c)(1) and (2) of this section, when multiple 
permits are ``stacked'' on a vessel as described in Sec. 660.335 (c), 
only one of the permits must meet the size requirements of those 
sections. Any additional permits that are stacked for use with a vessel 
participating in the limited entry primary fixed gear sablefish fishery 
may be registered for use with a vessel even if the vessel is more than 
5 feet longer or shorter than the size endorsed on the permit.
    (d) Sablefish endorsement and tier assignment--(1) General. 
Participation in the limited entry fixed gear sablefish fishery during 
the primary season described in Sec. 660.323 (a)(2) north of 36[deg] N. 
lat., requires that an owner of a vessel hold (by ownership or lease) a 
limited entry permit, registered for use with that vessel, with a 
longline or trap (or pot) endorsement and a sablefish endorsement. Up to 
three permits with sablefish endorsements may be registered for use with 
a single vessel. Limited entry permits with sablefish endorsements are 
assigned to one of three different cumulative trip limit tiers, based on 
the qualifying catch history of the permit.
    (i) A sablefish endorsement with a tier assignment will be affixed 
to the permit and will remain valid when the permit is transferred.
    (ii) 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.
    (2) Endorsement and tier assignment qualifying criteria.
    (i) Permit catch history. 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

[[Page 553]]

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 trap (pot) gear will be considered for the sablefish 
endorsement, except that vessels qualifying for the sablefish 
endorsement based on longline or trap (pot) landings may include setnet 
sablefish landings defined at (d)(2)(ii)(B) of this section in meeting 
tier assignment qualifications. Sablefish harvested illegally or landed 
illegally will not be considered for this endorsement.
    (ii) Sablefish endorsement tier assignments. Only limited entry, 
fixed gear permits with sablefish endorsements will receive cumulative 
trip limit tier assignments.
    (A) The qualifying weight criteria for Tier 1 are at least 898,000 
lb (407,326 kg) cumulative round weight of sablefish caught over the 
years 1984-1994. The qualifying weight criteria for Tier 2 are at least 
380,000 lb (172,365 kg), but no more than 897,999 lb (407,326 kg) 
cumulative round weight of sablefish caught over the years 1984-1994. 
Fixed gear permits with less than 380,000 lb (172,365 kg) cumulative 
round weight of sablefish caught over the years 1984-1994 qualify for 
Tier 3. All qualifying sablefish landings must be caught with longline 
or trap (pot), although setnet landings defined at sub-paragraph (B) of 
this section may also be included in tier assignment qualifying 
landings. Sablefish taken in tribal set aside fisheries does not 
qualify.
    (B) Setnet sablefish landings are included in sablefish endorsement 
tier assignment qualifying criteria if those landings were made north of 
38[deg] N. lat. under the authority of an EFP issued by NMFS in any of 
the years 1984-1985, by a vessel that landed at least 16,000 lb (7,257 
kg) of sablefish with longline or trap (pot) gear in any one year 
between 1984-1994.
    (iii) Evidence and burden of proof. A vessel owner (or person 
holding limited entry rights under the express terms of a written 
contract) applying for issuance, renewal, replacement, transfer, or 
registration of a limited entry permit has the burden to submit evidence 
to prove that qualification requirements are met. The owner of a permit 
endorsed for longline or trap (pot) gear applying for a sablefish 
endorsement or a tier assignment under this section has the burden to 
submit evidence to prove that qualification requirements are met. The 
following evidentiary standards apply:
    (A) A certified copy of the current vessel document (USCG or State) 
is the best evidence of vessel ownership and LOA.
    (B) A certified copy of a State fish receiving ticket is the best 
evidence of a landing, and of the type of gear used.
    (C) A copy of a written contract reserving or conveying limited 
entry rights is the best evidence of reserved or acquired rights.
    (D) Such other relevant, credible evidence as the applicant may 
submit, or the SFD or the Regional Administrator request or acquire, may 
also be considered.
    (3) Issuance process for sablefish endorsements and tier 
assignments. (i) No new applications for sablefish endorsements will be 
accepted after November 30, 1998.
    (ii) All tier assignments and subsequent appeals processes were 
completed by September 1998. If, however, a permit owner with a 
sablefish endorsement believes that his permit may qualify for a change 
in tier status based on qualifications in paragraph (d)(2)(ii)(B) of 
this section, the SFD will accept applications for a tier change through 
December 31, 2002. The application shall consist of a written letter 
stating the applicant's circumstances, requesting action, be signed by 
the applicant, and submitted along with the relevant documentation (fish 
tickets) in support of the application for a change in tier status.

[[Page 554]]

    (iii) After review of the evidence submitted under paragraph (ii), 
and any additional information the SFD finds to be relevant, the 
Regional Administrator 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 Regional Administrator determines 
the permit qualifies for a different tier, the permit owner will be 
issued a permit with the revised tier assignment once the initial permit 
is returned to the SFD for processing.
    (iv) If a permit owner chooses to file an appeal of the 
determination under paragraph (iii) of this section, the appeal must be 
filed with the Regional Administrator within 30 days of the issuance of 
the letter of determination. 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 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).
    (v) 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.
    (4) Ownership requirements and limitations. (i) No partnership or 
corporation may own a limited entry permit with a sablefish endorsement 
unless that partnership or corporation owned a limited entry permit with 
a sablefish endorsement on November 1, 2000. Otherwise, only individual 
human persons may own limited entry permits with sablefish endorsements.
    (ii) No person, partnership, or corporation may have ownership 
interest in or hold more than three permits with sablefish endorsements, 
except for persons, partnerships, or corporations that had ownership 
interest in more than 3 permits with sablefish endorsements as of 
November 1, 2000. The exemption from the maximum ownership level of 3 
permits only applies to ownership of the particular permits that were 
owned on November 1, 2000. Persons, partnerships or corporations that 
had ownership interest 3 or more permits with sablefish endorsements as 
of November 1, 2000, may not acquire additional permits beyond those 
particular permits owned on November 1, 2000. If, at some future time, a 
person, partnership, or corporation that owned more than 3 permits as of 
November 1, 2000, sells or otherwise permanently transfers (not leases) 
some of its originally owned permits, such that they then own fewer than 
3 permits, they may then acquire additional permits, but may not have 
ownership interest in or hold more than 3 permits.
    (iii) A partnership or corporation will lose the exemptions provided 
in paragraphs (d)(4)(i) and (ii) of this section on the effective date 
of any change in the corporation or partnership from that which existed 
on November 1, 2000. A ``change'' in the partnership or corporation 
means a change in the corporate or partnership membership, except a 
change caused by the death of a member providing the death did not 
result in any new members. A change in membership is not considered to 
have occurred if a member becomes legally incapacitated and a trustee is 
appointed to act on his behalf, nor if the ownership of shares among 
existing members changes, nor if a member leaves the corporation or 
partnership and is not replaced. Changes in the ownership of publicly 
held stock will not be deemed changes in ownership of the corporation.
    (e) Endorsement restrictions. ``A'' endorsements, gear endorsements, 
sablefish endorsements, and sablefish tier assignments may not be 
transferred separately from the limited entry permit.

[66 FR 40919, Aug. 6, 2001, as amended at 66 FR 41158, Aug. 7, 2001; 67 
FR 65905, Oct. 29, 2002]



Sec. 660.335  Limited entry permits--renewal, combination, stacking, change of permit ownership or permit holdership, and transfer.

    (a) 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

[[Page 555]]

each year in order to remain in force the following year.
    (2) Notification to renew limited entry permits will be issued by 
SFD prior to September 1 each year to the most recent address of the 
permit owner. The permit owner shall provide SFD with notice of any 
address change within 15 days of the change.
    (3) Limited entry permit renewal requests received in SFD between 
November 30 and December 31 will be effective on the date that the 
renewal is approved. A limited entry permit that is allowed to expire 
will not be renewed unless the permit owner requests reissuance by March 
31 of the following year and the SFD determines that failure to renew 
was proximately caused by illness, injury, or death of the permit owner.
    (b) Combining limited entry permits. Two or more limited entry 
permits with ``A'' gear endorsements for the same type of limited entry 
gear may be combined and reissued as a single permit with a larger size 
endorsement as described in paragraph Sec. 660.334 (c)(2)(iii). 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 landings 
limit of the permits being combined.
    (c) ``Stacking'' Limited Entry Permits. ``Stacking'' limited entry 
permits refers to the practice of registering more than one permit for 
use with a single vessel. Only limited entry permits with sablefish 
endorsements may be ``stacked.'' Up to three limited entry permits with 
sablefish endorsements may be registered for use with a single vessel 
during the primary sablefish season described at Sec. 660.323 
(a)(2)(ii). Privileges, responsibilities, and restrictions associated 
with stacking permits to participate in the primary sablefish fishery 
are described at Sec. 660.323 (a)(2) and at Sec. 660.334 (d).
    (d) Changes in permit ownership and permit holder--(1) General. The 
permit owner may convey the limited entry permit to a different person. 
The new permit owner will not be authorized to use the permit until the 
change in permit ownership has been registered with and approved by the 
SFD. The SFD will not approve a change in permit ownership for limited 
entry permits with sablefish endorsements that does not meet the 
ownership requirements for those permits described at Sec. 660.334 
(d)(4).
    (2) Effective date. The change in ownership of the permit or change 
in the permit holder will be effective on the day the change is approved 
by SFD, unless there is a concurrent change in the vessel registered to 
the permit. Requirements for changing the vessel registered to the 
permit are described at paragraph (e) of this section.
    (e) Changes in vessel registration-transfer of limited entry permits 
and gear endorsements--(1) General. A permit may not be used with any 
vessel other than the vessel registered to that permit. For purposes of 
this section, a permit transfer occurs when, through SFD, a permit owner 
registers a limited entry permit for use with a new vessel. Permit 
transfer applications must be submitted to SFD with the appropriate 
documentation described at paragraph (g) of this section. Upon receipt 
of a complete application, and following review and approval of the 
application, the SFD will reissue the permit registered to the new 
vessel.
    (2) Application. A complete application must be submitted to SFD in 
order for SFD to review and approve a change in vessel registration. At 
a minimum, a permit owner seeking to transfer a limited entry permit 
shall submit to SFD a signed application form and his/her current 
limited entry permit before the first day of the cumulative limit period 
in which they wish to participate. If a permit owner provides a signed 
application and current limited entry permit after the first day of a 
cumulative limit period, the permit will not be effective until the 
succeeding cumulative limit period. SFD will not approve a change in 
vessel registration (transfer) until it receives a complete application, 
the existing permit, a current copy of the USCG 1270, and other required 
documentation.

[[Page 556]]

    (3) Effective date. (i) Changes in vessel registration on permits 
will take effect no sooner than the first day of the next major limited 
entry cumulative limit period following the date that SFD receives the 
signed permit transfer form and the original limited entry permit. 
Transfers of permits designated as participating in the ``B'' platoon 
will become effective no sooner than the first day of the next ``B'' 
platoon major limited entry cumulative limit period following the date 
that SFD receives the signed permit transfer form and the original 
limited entry permit. No transfer is effective until the limited entry 
permit has been reissued as registered with the new vessel.
    (ii) Notwithstanding paragraph (i) of this section, if SFD receives 
the original sablefish endorsed permit, and a complete transfer 
application by August 14, 2001, the resultant change in vessel 
registration will be effective August 15, 2001, or as soon thereafter as 
the transfer has been approved. Transfer applications received after 
August 14, 2001, would be subject to the restrictions in paragraph (i) 
of this section.
    (f) Restriction on frequency of transfers. Limited entry permits may 
not be registered for use with a different vessel (transfer) more than 
once per calendar year, except in cases of death of a permit holder or 
if the permitted vessel is totally lost as defined in 660.302. 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.
    (1) A permit owner may designate the vessel registration for a 
permit as ``unidentified'', meaning that no vessel has been identified 
as registered for use with that permit. No vessel is authorized to use a 
permit with the vessel registration designated as ``unidentified.''
    (2) When a permit owner requests that the permit's vessel 
registration be designated as ``unidentified,'' the transaction is not 
considered a ``transfer'' for purposes of this section. Any subsequent 
request by a permit owner to change from the ``unidentified'' status of 
the permit in order to register the permit with a specific vessel will 
be considered a change in vessel registration (transfer) and subject to 
the restriction on frequency and timing of changes in vessel 
registration (transfer).
    (g) Application and supplemental documentation. Permit holders may 
request a transfer (change in vessel registration) and/or change in 
permit ownership or permit holder by submitting a complete application 
form. In addition, a permit owner applying for renewal, replacement, 
transfer, or change of ownership or change of permit holder of a limited 
entry permit has the burden to submit evidence to prove that 
qualification requirements are met. The owner of a permit endorsed for 
longline or trap (or pot) gear applying for a tier assignment under 
Sec. 660.334 (d) has the burden to submit evidence to prove that certain 
qualification requirements are met. The following evidentiary standards 
apply:
    (1) For a request to change a vessel registration and/or change in 
permit ownership or permit holder, the permit owner must provide SFD 
with a current copy of the USCG Form 1270 for vessels of 5 net tons or 
greater, or a current copy of a state registration form for vessels 
under 5 net tons.
    (2) For a request to change the vessel registration to a permit, the 
permit holder must submit to SFD a current marine survey conducted by a 
certified marine surveyor in accordance with USCG regulations to 
authenticate the length overall of the vessel being newly registered 
with the permit. Marine surveys older than 3 years at the time of the 
request for change in vessel registration will not be considered 
``current'' marine surveys for purposes of this requirement.
    (3) For a request to change a permit's ownership where the current 
permit owner is a corporation, partnership or other business entity, the 
applicant must provide to SFD a corporate resolution that authorizes the 
conveyance of the permit to a new owner and which authorizes the 
individual applicant to request the conveyance on behalf of the 
corporation, partnership, other business entity.
    (4) For a request to change a permit's ownership that is 
necessitated by the

[[Page 557]]

death of the permit owner(s), the individual(s) requesting conveyance of 
the permit to a new owner must provide SFD with a death certificate of 
the permit owner(s) and appropriate legal documentation that either: 
specifically transfers the permit to a designated individual(s); or, 
provides legal authority to the transferor to convey the permit 
ownership.
    (5) For a request to change a permit's ownership that is 
necessitated by divorce, the individual requesting the change in permit 
ownership must submit an executed divorce decree that awards the permit 
to a designated individual(s).
    (6) Such other relevant, credible documentation as the applicant may 
submit, or the SFD or Regional Administrator may request or acquire, may 
also be considered.
    (h) Application forms available. Application forms for the change in 
vessel registration (transfer) and change of permit ownership or permit 
holder of limited entry permits are available from the SFD (see part 600 
for address of the Regional Administrator). Contents of the application, 
and required supporting documentation, are specified in the application 
form.
    (i) Records maintenance. The SFD will maintain records of all 
limited entry permits that have been issued, renewed, transferred, 
registered, or replaced.

[66 FR 40921, Aug. 6, 2001, as amended at 66 FR 41158, Aug. 7, 2001; 67 
FR 65906, Oct. 29. 2002]



Secs. 660.336-660.337  [Reserved]



Sec. 660.338  Limited entry permits-small fleet.

    (a) Small limited entry fisheries fleets 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 in accordance with the standards and 
procedures set out in the PCGFMP and will carry the rights explained 
therein.
    (b) A permit issued under this section may be registered only to 
another vessel that will continue to operate in the same certified small 
fleet, provided that the total number of vessels in the fleet does not 
increase. A vessel may not use a small fleet limited entry permit for 
participation in the limited entry fishery outside of authorized 
activities of the small fleet for which that permit and vessel have been 
designated.

[66 FR 40922, Aug. 6, 2001]



Sec. 660.339  Limited entry permit fees.

    The Regional Administrator 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, change in vessel registration, change in permit owner or permit 
holder, and endorsement upgrade, will be made by the Regional 
Administrator.
    (b) Appeals decisions shall be in writing and shall state the 
reasons therefor.
    (c) Within 30 days of an initial decision by the SFD denying 
issuance, renewal, change in vessel registration, change in permit owner 
or permit holder, or endorsement upgrade, on the terms requested by the 
applicant, an appeal may be filed with the Regional Administrator.
    (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 Administrator seek a recommendation from the 
Council as to whether the appeal should be granted. Such a request must 
contain the appellant's acknowledgment that the confidentiality 
provisions of the Magnuson-Stevens Act at 16 U.S.C. 1853 (d) and part 
600 of this chapter are waived with respect to any information

[[Page 558]]

supplied by Regional Administrator 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 Administrator 
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 
Administrator's decision is the final administrative decision of the 
Department as of the date of the decision.

[66 FR 40922, Aug. 6, 2001]



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 Sec. 600.745(b)(1) 
through (b)(4) of this chapter do not apply to a compensation EFP issued 
under this subpart for the

[[Page 559]]

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 Regional 
Administrator 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.
    (4) Terms and conditions. The EFP will specify the amounts that may 
be taken

[[Page 560]]

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, as amended at 67 FR 65906, Oct. 29, 2002]

    Effective Date Note: At 68 FR 52523, Sept. 4, 2003, Sec. 660.350 was 
amended by revising paragraph (a)(6), effective Oct. 6, 2003. For the 
convenience of the user, the revised text follows:

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

    (a) * * *
    (6) Accounting for the compensation catch. As part of the harvest 
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 harvest specifications (ABCs) 
set by the Council. Fish authorized in an EFP too late in the year to be 
deducted from the following year's ABCs will be accounted for in the 
next management cycle where it is practicable to do so.

                                * * * * *



Sec. 660.360  Groundfish observer program.

    (a) General. Vessel owners, operators, and managers are jointly and 
severally responsible for their vessel's compliance with this section.
    (b) Purpose. The purpose of the Groundfish Observer Program is to 
allow observers to collect fisheries data deemed by the Northwest 
Regional Administrator, NMFS, to be necessary and appropriate for 
management, compliance monitoring, and research in the groundfish 
fisheries and for the conservation of living marine resources and their 
habitat.
    (c) Observer coverage requirements--(1) At-sea processors. 
[Reserved]
    (2) Catcher vessels. For the purposes of this section, catcher 
vessels include all vessels, using open access or limited entry gear 
(including exempted gear types) that take and retain, possess or land 
groundfish at a processor(s) as defined at Sec. 660.302. When NMFS 
notifies the vessel owner, operator, permit holder, or the vessel 
manager of any requirement to carry an observer, the vessel may not take 
and retain, possess, or land any groundfish without carrying an 
observer.
    (i) Notice of departure--Basic rule. At least 24 hours (but not more 
than 36 hours) before departing on a fishing trip, a vessel that has 
been notified by NMFS that it is required to carry an observer, or that 
is operating in an active sampling unit, must notify NMFS (or its 
designated agent) of the vessel's intended time of departure. Notice 
will be given in a form to be specified by NMFS.
    (A) Optional notice--Weather delays. A vessel that anticipates a 
delayed departure due to weather or sea conditions may advise NMFS of 
the anticipated delay when providing the basic notice described in 
paragraph (c)(2)(i) of this section. If departure is delayed beyond 36 
hours from the time the original notice is given, the vessel must 
provide an additional notice of departure not less than 4 hours prior to 
departure, in order to enable NMFS to place an observer.
    (B) Optional notice--Back-to-back fishing trips. A vessel that 
intends to make back-to-back fishing trips (i.e., trips with less than 
24 hours between offloading from one trip and beginning another), may 
provide the basic notice described in paragraph (c)(2)(i)) of this 
section for both trips, prior to making the first trip. A vessel that 
has given such notice is not required to give additional notice of the 
second trip.
    (ii) Cease fishing report. Not more than 24 hours after ceasing the 
taking and retaining of groundfish with limited entry or open access 
gear in order to leave the fishery management area or to fish for 
species not managed under the Pacific Coast Groundfish Fishery 
Management Plan, the owner, operator, or vessel manager of each

[[Page 561]]

vessel that is required to carry an observer or that is operating in a 
segment of the fleet that NMFS has identified as an active sampling unit 
must provide NMFS or its designated agent with notification as specified 
by NMFS.
    (3) Vessels engaged in recreational fishing. [Reserved]
    (4) Waiver. The Northwest Regional Administrator may provide written 
notification to the vessel owner stating that a determination has been 
made to temporarily waive coverage requirements because of circumstances 
that are deemed to be beyond the vessel's control.
    (d) Vessel responsibilities. An operator of a vessel required to 
carry one or more observer(s) must provide:
    (1) Accommodations and food. Provide accommodations and food that 
are:
    (i) At-sea processors. [Reserved]
    (ii) Catcher vessels. Equivalent to those provided to the crew.
    (2) Safe conditions. Maintain safe conditions on the vessel for the 
protection of observer(s) including adherence to all U.S. Coast Guard 
and other applicable rules, regulations, or statutes pertaining to safe 
operation of the vessel, and provisions at Secs. 600.725 and 600.746 of 
this chapter.
    (3) Observer communications. Facilitate observer communications by:
    (i) Observer use of equipment. Allowing observer(s) 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 observer(s) or the United States or designated agent.
    (ii) Communication equipment requirements for at-sea processing 
vessels. [Reserved]
    (4) Vessel position. Allow observer(s) access to, and the use of, 
the vessel's navigation equipment and personnel, on request, to 
determine the vessel's position.
    (5) Access. Allow observer(s) 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.
    (6) Prior notification. Notify observer(s) 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 observer specifically requests not to be 
notified.
    (7) Records. Allow observer(s) to inspect and copy any state or 
Federal logbook maintained voluntarily or as required by regulation.
    (8) Assistance. Provide all other reasonable assistance to enable 
observer(s) to carry out their duties, including, but not limited to:
    (i) Measuring decks, codends, and holding bins.
    (ii) Providing the observer(s) with a safe work area.
    (iii) Collecting bycatch when requested by the observer(s).
    (iv) Collecting and carrying baskets of fish when requested by the 
observer(s).
    (v) Allowing the observer(s) to collect biological data and samples.
    (vi) Providing adequate space for storage of biological samples.
    (9) At-sea transfers to or from processing vessels. [Reserved]
    (e) Procurement of observers services by at-sea processing vessels. 
[Reserved]
    (f) Certification of observers in the at-sea processing vessels. 
[Reserved]
    (g) Certification of observer contractors for at-sea processing 
vessels. [Reserved]
    (h) Suspension and decertification process for observers and 
observer contractors in the at-sea processing vessels. [Reserved]
    (i) Release of observer data in the at-sea processing vessels. 
[Reserved]
    (j) Sample station and operational requirements--(1) Observer 
sampling station. This paragraph contains the requirements for observer 
sampling stations. The vessel owner must provide an observer sampling 
station that complies with this section so that the observer can carry 
out required duties.
    (i) Accessibility. The observer sampling station must be available 
to the observer at all times.
    (ii) Location. The observer sampling station must be located within 
4 m of the location from which the observer samples unsorted catch. 
Unobstructed passage must be provided between the

[[Page 562]]

observer sampling station and the location where the observer collects 
sample catch.
    (iii) Minimum work space aboard at-sea processing vessels. 
[Reserved]
    (iv) Table aboard at-sea processing vessels. [Reserved]
    (v) Scale hanger aboard at-sea processing vessels. [Reserved]
    (vi) Diverter board aboard at-sea processing vessels. [Reserved]
    (vii) Other requirements for at-sea processing vessels. [Reserved]
    (2) Requirements for bins used to make volumetric estimates on at-
sea processing vessels. [Reserved]
    (3) Operational requirements for at-sea processing vessels. 
[Reserved]

[66 FR 20613, Apr. 24, 2001]



                 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[min]37[sec] N. lat., 
124[deg]43[min]33[sec] 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[min]37.19[sec]             124[deg]43[min]33.19[sec]
48[deg]30[min]11[sec]                124[deg]47[min]13[sec]
48[deg]30[min]22[sec]                124[deg]50[min]21[sec]
48[deg]30[min]14[sec]                124[deg]52[min]52[sec]
48[deg]29[min]57[sec]                124[deg]59[min]14[sec]
48[deg]29[min]44[sec]                125[deg]00[min]06[sec]
48[deg]28[min]09[sec]                125[deg]05[min]47[sec]
48[deg]27[min]10[sec]                125[deg]08[min]25[sec]
48[deg]26[min]47[sec]                125[deg]09[min]12[sec]
48[deg]20[min]16[sec]                125[deg]22[min]48[sec]
48[deg]18[min]22[sec]                125[deg]29[min]58[sec]
48[deg]11[min]05[sec]                125[deg]53[min]48[sec]
47[deg]49[min]15[sec]                126[deg]40[min]57[sec]
47[deg]36[min]47[sec]                127[deg]11[min]58[sec]
47[deg]22[min]00[sec]                127[deg]41[min]23[sec]
46[deg]42[min]05[sec]                128[deg]51[min]56[sec]
46[deg]31[min]47[sec]                129[deg]07[min]39[sec]
 


[[Page 563]]

    (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[min]22[sec]                117[deg]27[min]49[sec]
32[deg]37[min]37[sec]                117[deg]49[min]31[sec]
31[deg]07[min]58[sec]                118[deg]36[min]18[sec]
30[deg]32[min]31[sec]                121[deg]51[min]58[sec]
 

    (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.
    Pacific Coast Salmon Plan (PCSP or Salmon FMP) means the Fishery 
Management Plan, as amended, for commercial and recreational ocean 
salmon fisheries in the Exclusive Economic Zone (EEZ)(3 to 200 nautical 
miles offshore) off Washington, Oregon, and California. The Salmon FMP 
was first developed by the Council and approved by the Secretary in 
1978. The Salmon FMP was amended on October 31, 1984, to establish a 
framework process to develop and implement fishery management actions. 
Other names commonly used include: Pacific Coast Salmon Fishery 
Management Plan, West Coast Salmon Plan, West Coast Salmon Fishery 
Management Plan.
    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 Administrator means the Director, Northwest Region, NMFS, 
or a designee. For fisheries occurring primarily or exclusively in the 
fishery management area seaward of California, Regional Administrator 
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.

[61 FR 34572, July 2, 1996, as amended at 66 FR 29241, May 30, 2001]



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

[[Page 564]]

groundfish should consult Federal regulations in subpart G for 
applicable requirements of that subpart, including the requirement that 
vessels engaged in commercial fishing for groundfish (except commercial 
passenger vessels) have vessel identification in accordance with 
Sec. 660.305.
    (c) Any person fishing subject to this subpart is bound by the 
international boundaries of the fishery management area described in 
Sec. 660.402, notwithstanding any dispute or negotiation between the 
United States and any neighboring country regarding their respective 
jurisdictions, until such time as new boundaries are published by the 
United States.



Sec. 660.404  Recordkeeping and reporting.

    (a) This subpart recognizes that catch and effort data necessary for 
implementation of any applicable fishery management plan are collected 
by the States and Indian tribes of Washington, Oregon, California, and 
Idaho under existing data collection requirements. Except as provided in 
paragraph (b) of this section, no additional catch reports will be 
required of fishermen or processors so long as the data collection and 
reporting systems operated by 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.

[[Page 565]]

    (9) Take and retain, possess, or land any steelhead taken in the 
course of commercial fishing in the fishery management area, unless such 
take and retention qualifies as treaty Indian fishing.
    (10) Sell, barter, offer to sell, offer to barter, or purchase any 
salmon taken in the course of recreational salmon fishing.
    (11) Refuse to submit fishing gear or catch subject to such person's 
control to inspection by an authorized officer, or to interfere with or 
prevent, by any means, such an inspection.
    (12) Take and retain Pacific halibut (Hippoglossus stenolepis) 
except in accordance with regulations of the International Pacific 
Halibut Commission at part 300 of this title. Pacific halibut that 
cannot be retained lawfully must be returned to the water immediately 
and with the least possible injury.
    (13) Violate any other provision of this subpart.
    (b) The fishery management area is closed to salmon fishing except 
as opened by this subpart or superseding regulations or notices. All 
open fishing periods begin at 0001 hours and end at 2400 hours local 
time on the dates specified.



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.


[[Page 566]]

    (ii) Deviations from allocation schedule. The initial allocation may 
be modified annually in accordance with paragraphs (c)(1)(iii) through 
(viii) 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)(ix) and (x) of this section. Total 
allowable ocean harvest will be maximized to the extent possible 
consistent with treaty obligations, state fishery needs, and spawning 
requirements. Every effort will be made to establish seasons and gear 
requirements that provide troll and recreational fleets a reasonable 
opportunity to catch the available harvest. These may include single-
species directed fisheries with landing restrictions for other species.
    (iii) Preseason trades. Preseason species trades (chinook and coho) 
may be made if they are based upon the recommendation of the commercial 
and recreational Salmon Advisory Subpanel representatives for the area 
north of Cape Falcon; simultaneously benefit both the commercial and 
recreational fisheries or benefit one fishery without harming the other; 
and are supported by a socio-economic analysis 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 four major recreational subareas 
as described in the coho and chinook distribution sections below. The 
Council may deviate from subarea quotas to meet recreational season 
objectives, based on agreement of representatives of the affected ports 
and/or in accordance with section 6.5.3.2 of the Pacific Coast Salmon 
Plan, regarding certain selective fisheries. 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.
    (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), 5.2 percent to the subarea 
between Queets River and Cape Flattery (La Push), and 20.8 percent to 
the area north of the Queets River (Neah Bay). In years when there is an 
Area 4B (Neah Bay) 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 for Westport and La Push. The increase to Westport 
and La Push will be subtracted from the Neah Bay ocean share to maintain 
the same total harvest allocation north of Leadbetter Point. Each of the 
four recreational port area

[[Page 567]]

allocations will be rounded, to the nearest hundred fish, with the 
largest quotas rounded downward, if necessary, to sum to the preseason 
recreational allowable ocean harvest of coho north of Cape Falcon.
    (B) Chinook distribution. Subarea distributions of chinook will be 
managed as guidelines based on calculations of the Salmon Technical Team 
with the primary objective of achieving all-species fisheries without 
imposing chinook restrictions (i.e., area closures or bag limit 
reductions). Chinook in excess of all-species fisheries needs may be 
utilized by directed chinook fisheries north of Cape Falcon or by 
negotiating a preseason species trade of chinook and coho between 
commercial and recreational allocations in accordance with paragraph 
(c)(1)(iii) of this section.
    (vi) Inseason trades and transfers. Inseason transfers, including 
species trades of chinook and coho, may be permitted in either direction 
between commercial and recreational fishery quotas to allow for 
uncatchable fish in one fishery to be reallocated to the other. Fish 
will be deemed uncatchable by a respective commercial or recreational 
fishery only after considering all possible annual management actions to 
allow for their harvest that are consistent with the harvest management 
objectives specific in the fishery management plan including 
consideration of single species fisheries. Implementation of inseason 
transfers will require consultation with the pertinent commercial and 
recreational Salmon Advisory Subpanel representatives from the area 
involved and the Salmon 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)(ix) 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) Selective fisheries. Deviations from the initial gear and 
port area allocations may be allowed to implement selective fisheries 
for marked salmon stocks as long as the deviations are within the 
constraints and process specified in section 6.5.3.2 of the Pacific 
Coast Salmon Plan.
    (ix) 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.
    (x) 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

[[Page 568]]

fishery by the allocation schedule, these priorities do not favor one 
user group over the other and should be met simultaneously for each 
fishery. Seasons may be structured that deviate from these priorities 
consistent with the allocation objectives.
    (A) At total allowable harvest levels up to 300,000 coho and 100,000 
chinook: For the recreational fishery, provide coho for a late June 
through early September all-species season; provide chinook to allow 
access to coho and, if possible, a minimal chinook-only fishery prior to 
the all-species season; and adjust days per week and/or institute area 
restrictions to stabilize season duration. For the commercial fishery, 
provide chinook for a May and early June chinook season and provide coho 
for hooking mortality and/or access to a pink fishery, and ensure that 
part of the chinook season will occur after June 1.
    (B) At total allowable harvest levels above 300,000 coho and above 
100,000 chinook: For the recreational fishery, relax any restrictions in 
the all-species fishery and/or extend the all-species season beyond 
Labor Day as coho quota allows; provide chinook for a Memorial Day 
through late June chinook-only fishery; and adjust days per week to 
ensure continuity with the all-species season. For the commercial 
fishery, provide coho for an all-species season in late summer and/or 
access to a pink fishery; and leave adequate chinook from the May 
through June season to allow access to coho.
    (2) Coho south of Cape Falcon--(i) Allocation schedule. Preseason 
allocation shares of coho salmon south of Cape Falcon, OR, will be 
determined by an allocation schedule, which is based on the following 
formula. The formula will be used to interpolate between allowable 
harvest levels as shown in the table below.
    (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

[[Page 569]]

maximum allowable levels; stock abundance; allocation considerations; 
stock specific impacts; relative abundance of the salmon species in the 
fishery; escapement goals; and maximizing harvest potential.
    (iii) Recreational allocation at 167,000 fish or less. When the 
recreational allocation is at 167,000 fish or less, the total 
recreational allowable ocean harvest of coho will be divided between two 
major subareas with independent impact quotas. The initial allocation 
will be 70 percent from Cape Falcon to Humbug Mountain and 30 percent 
south of Humbug Mountain. Coho transfers between the two impact quotas 
may be permitted on a one-for-one basis, if chinook constraints preclude 
access to coho. Horse Mountain to Point Arena will be managed for an 
impact guideline of 3 percent of the south of Cape Falcon recreational 
allocation. The recreational coho fishery between Humbug Mountain and 
Point Arena may be closed when it is projected that the harvest impact 
between Humbug Mountain and Point Arena, combined with the projected 
harvest impact that will be taken south of Point Arena to the end of the 
season, equals the impact quota for south of Humbug Mountain. The 
recreational fishery for coho salmon south of Point Arena will not close 
upon attainment of the south of Humbug Mountain impact quota.
    (iv) Oregon coastal natural coho. At Oregon coastal natural coho 
spawning escapements of 28 or fewer adults per 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

[[Page 570]]

the detrimental impacts of harvesting immature fish.
    (f) Recreational daily bag limits. Recreational daily bag limits for 
each fishing area will be set equal to one, two, or three salmon of some 
combination of species. The recreational daily bag limits for each 
fishing area will be set to maximize the length of the fishing season 
consistent with the allowable level of harvest in the area.
    (g) Fishing gear restrictions. Gear restrictions for commercial, 
recreational, and treaty Indian fishing may be established or modified 
upon demonstration that a useful purpose will be served. For example, 
gear restrictions may be imposed or modified to facilitate enforcement, 
reduce hooking mortality, or reduce gear expenses for fishermen.
    (h) Seasons--(1) In general. Seasons for commercial and recreational 
fishing will be established or modified taking into account allowable 
ocean harvest levels and quotas, allocations between the commercial and 
recreational fisheries, and the estimated amount of effort required to 
catch the available fish based on past seasons.
    (2) Commercial seasons. Commercial seasons will be established or 
modified taking into account wastage of fish that cannot legally be 
retained, size and poundage of fish caught, effort shifts between 
fishing areas, and protection of depressed stocks present in the fishing 
areas. All-species seasons will be established to allow the maximum 
allowable harvest of pink and sockeye salmon without exceeding allowable 
chinook or coho harvest levels and within conservation and allocation 
constraints of the pink and sockeye stocks.
    (3) Recreational seasons. If feasible, recreational seasons will be 
established or modified to encompass Memorial Day and Labor Day 
weekends, and to avoid the need for inseason closures.
    (i) Quotas (by species, including fish caught 0-3 nm seaward of 
Washington, Oregon, and California). Quotas for commercial, 
recreational, and treaty Indian fishing may be established or modified 
to ensure that allowable ocean harvests are not exceeded. 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

[[Page 571]]

Hoopa Valley Indian Tribes as set out in a legal opinion 2 
dated October 4, 1993, by the Office of the Solicitor, Department of the 
Interior, are applicable law. Under section 303 of the Magnuson Act, 
allowable ocean harvest must be consistent with all applicable laws.
---------------------------------------------------------------------------

    \2\ Copies of the Solicitor's Opinion are available from the 
Director, Southwest Region, NMFS.
---------------------------------------------------------------------------

    (m) Inseason notice procedures. Telephone hotlines and USCG 
broadcasts will provide actual notice of inseason actions for 
commercial, recreational, and treaty Indian fishing.
    (n) Reporting requirements. Reporting requirements for commercial 
fishing may be imposed to ensure timely and accurate assessment of 
catches in regulatory areas subject to quota management. Such reports 
are subject to the limitations described herein. Persons engaged in 
commercial fishing in a regulatory area subject to quota management and 
landing their catch in another regulatory area open to fishing may be 
required to transmit a brief radio report prior to leaving the first 
regulatory area. The regulatory areas subject to these reporting 
requirements, the contents of the radio reports, and the entities 
receiving the reports will be specified annually.

[61 FR 34601, July 2, 1996, as amended at 64 FR 26328, May 14, 1999; 66 
FR 29241, May 30, 2001]

    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 Administrator 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 
Administrator 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

[[Page 572]]

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  Conservation objectives.

    (a) The conservation objectives are summarized in Table 3-1 of the 
Pacific Coast Salmon Plan.
    (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, the Scientific and Statistical Committee, and the Salmon 
Technical Team, justifies modification of a conservation objective; 
except that the 35,000 natural spawner floor for Klamath River fall 
chinook may be changed only by amendment.
    (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; 66 
FR 29241, May 30, 2001]



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 Administrator 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

[[Page 573]]

public review during normal office hours at the Southwest Region, NMFS.



                  Subpart I--Coastal Pelagics Fisheries

    Source: 64 FR 69893, Dec. 15, 1999, unless otherwise noted.



Sec. 660.501  Purpose and scope.

    This subpart implements the Fishery Management Plan for Coastal 
Pelagic Species (FMP). These regulations govern commercial fishing for 
CPS in the EEZ off the coasts of Washington, Oregon, and California.



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:
    Actively managed species (AMS) means those CPS for which the 
Secretary has determined that harvest guidelines or quotas are needed by 
Federal management according to the provisions of the FMP.
     Advisory Subpanel (AP) means the Coastal Pelagic Species Advisory 
Subpanel that comprises members of the fishing industry and public 
appointed by the Council to review proposed actions for managing the 
coastal pelagic fisheries.
    Biomass means the estimated amount, by weight, of a coastal pelagic 
species population. The term biomass means total biomass (age 1 and 
above) unless stated otherwise.
     Coastal pelagic species (CPS) means northern anchovy (Engraulis 
mordax), Pacific mackerel (Scomber japonicus), Pacific sardine 
(Sardinops sagax), jack mackerel (Trachurus symmetricus), and market 
squid (Loligo opelescens).
     Coastal Pelagic Species Management Team (CPSMT) means the 
individuals appointed by the Council to review, analyze, and develop 
management measures for the CPS fishery.
    Comparable capacity means gross tonnage plus 10 percent of the 
vessel's calculated gross tonnage.
    Council means the Pacific Fishery Management Council, including its 
CPSMT, AP, Scientific and Statistical Committee (SSC), and any other 
committee established by the Council.
    Finfish means northern anchovy, Pacific mackerel, Pacific sardine, 
and jack mackerel.
     Fishery Management Area means the EEZ off the coasts of Washington, 
Oregon, and California between 3 and 200 nautical miles offshore, 
bounded in the north by the Provisional International Boundary between 
the United States and Canada, and bounded in the south by the 
International Boundary between the United States and Mexico.
     Fishing trip means a period of time between landings when fishing 
is conducted.
    Gross tonnage (GT) means gross tonnage as determined by the formula 
in 46 CFR 69.209(a) for a vessel not designed for sailing 
(.67xlengthxbreadthxdepth/100). A vessel's length, breadth, and depth 
are those specified on the vessel's certificate of documentation issued 
by the U.S. Coast Guard or State.
     Harvest guideline means a specified numerical harvest objective 
that is not a quota. Attainment of a harvest guideline does not require 
complete closure of a fishery.
    Harvesting vessel means a vessel involved in the attempt or actual 
catching, taking or harvesting of fish, or any activity that can 
reasonably be expected to result in the catching, taking or harvesting 
of fish.
    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.
     Limited entry fishery means the commercial fishery consisting of 
vessels fishing for CPS in the CPS Management Zone under limited entry 
permits issued under Sec. 660.512.
     Live bait fishery means fishing for CPS for use as live bait in 
other fisheries.
    Monitored species (MS) means those CPS the Secretary has determined 
not to need management by harvest guidelines or quotas according to the 
provisions of the FMP.
    Nonreduction fishery means fishing for CPS for use as dead bait or 
for processing for direct human consumption.
    Owner, means a person who is identified as the current owner in the 
Certificate of Documentation (CG-1270) issued

[[Page 574]]

by the U.S. Coast Guard for a documented vessel, or in a registration 
certificate issued by a state or the U.S. Coast Guard for an 
undocumented vessel.
    Person, 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 preparing or packaging coastal 
pelagic species to render the fish suitable for human consumption, pet 
food, 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 
there is additional preparation.
    Prohibited Species means all species of trout and salmon 
(Salmonidae) and Pacific halibut (Hippoglossus stenolepis).
     Quota means a specified numerical harvest objective for a single 
species of CPS, the attainment (or expected attainment) of which causes 
the complete closure of the fishery for that species.
    Reduction fishery means fishing for CPS for the purposes of 
conversion into fish flour, fish meal, fish scrap, fertilizer, fish oil, 
other fishery products, or byproducts for purposes other than direct 
human consumption.
     Regional Administrator means the Regional Administrator, Southwest 
Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-
4213, or a designee.
    Reserve means a portion of the harvest guideline or quota set aside 
at the beginning of the year for specific purposes, such as for 
individual harvesting groups to ensure equitable distribution of the 
resource or to allow for uncertainties in preseason estimates of DAP and 
JVP.
    Sustainable Fisheries Division (SFD) means the Assistant Regional 
Administrator for Sustainable Fisheries, Southwest Region, NMFS, or a 
designee.
    Totally lost means that 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 CPS species 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 
by a vessel that harvests CPS.

[64 FR 69893, Dec. 15, 1999, as amended at 68 FR 3822, Jan. 27, 2003]



Sec. 660.503  Management subareas.

    The fishery management area is divided into subareas for the 
regulation of fishing for CPS, with the following designations and 
boundaries:
    (a) CPS Limited Entry Zone means the EEZ between:
    (1) Northern boundary--at 39[deg]00[min]00[sec] N. lat. off 
California; and
    (2) Southern boundary--the United States-Mexico International 
Boundary, which is a line connecting the following coordinates:
    32[deg]35[min]22[sec] N. lat., 117[deg]27[min]49[sec] W. long.
    32[deg]37[min]37[sec] N. lat., 117[deg]49[min]31[sec] W. long.
    31[deg]07[min]58[sec] N. lat., 118[deg]36[min]18[sec] W. long.
    30[deg]32[min]31[sec] N. lat., 121[deg]51[min]58[sec] W. long.
    (b) Subarea A means the EEZ between:
    (1) Northern boundary--the United States-Canada Provisional 
International Boundary, which is a line connecting the following 
coordinates:
    48[deg]29[min]37.19[sec] N. lat. 124[deg]43[min]33.19[sec] W. long.
    48[deg]30[min]11[sec] N. lat. 124[deg]47[min]13[sec] W. long.
    48[deg]30[min]22[sec] N. lat. 124[deg]50[min]21[sec] W. long.
    48[deg]30[min]14[sec] N. lat. 124[deg]54[min]52[sec] W. long.
    48[deg]29[min]57[sec] N. lat. 124[deg]59[min]14[sec] W. long.
    48[deg]29[min]44[sec] N. lat. 125[deg]00[min]06[sec] W. long.
    48[deg]28[min]09[sec] N. lat. 125[deg]05[min]47[sec] W. long.
    48[deg]27[min]10[sec] N. lat. 125[deg]08[min]25[sec] W. long.
    48[deg]26[min]47[sec] N. lat 125[deg]09[min]12[sec] W. long.
    48[deg]20[min]16[sec] N. lat. 125[deg]22[min]48[sec] W. long.
    48[deg]18[min]22[sec] N. lat. 125[deg]29[min]58[sec] W. long.
    48[deg]11[min]05[sec] N. lat. 125[deg]53[min]48[sec] W. long.
    47[deg]49[min]15[sec] N. lat. 126[deg]40[min]57[sec] W. long.
    47[deg]36[min]47[sec] N. lat. 127[deg]11[min]58[sec] W. long.
    47[deg]22[min]00[sec] N. lat. 127[deg]41[min]23[sec] W. long.
    46[deg]42[min]05[sec] N. lat. 128[deg]51[min]56[sec] W. long.
    46[deg]31[min]47[sec] N. lat. 129[deg]07[min]39[sec] W. long.; and
    (2) Southern boundary--at 39[deg]00[min]00[sec] N. lat. (Pt. Arena).

[[Page 575]]

    (c) Subarea B means the EEZ between:
    (1) Northern boundary--at 39[deg]00[min]00[sec] N. lat. (Pt. Arena); 
and
    (2) Southern boundary--the United States-Mexico International 
Boundary described in paragraph (a)(2) of this section.

[64 FR 69893, Dec. 15, 1999, as amended at 68 FR 52527, Sept. 4, 2003]



Sec. 660.504  Vessel identification.

    (a) Official number. 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) Numerals. The official number must be affixed to each vessel 
subject 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. 660.505  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) In the CPS Limited Entry Zone, take and retain, possess or land 
more than 5 mt of CPS finfish, other than live bait, on a harvesting 
vessel without a limited entry permit.
    (b) In the CPS Limited Entry Zone, take and retain, possess or land 
more than 125 mt of CPS finfish on a harvesting vessel.
    (c) Sell CPS without an applicable commercial state fishery license.
    (d) Fish in the reduction fishery for CPS in any closed area 
specified in Sec. 660.507.
    (e) Fish in the reduction fishery for northern anchovy using gear 
not authorized under Sec. 660.506.
    (f) When fishing for CPS, fail to return a prohibited species to the 
sea immediately with a minimum of injury.
    (g) Falsify or fail to affix and maintain vessel markings as 
required by Sec. 660.504.
    (h) Fish for CPS in violation of any terms or conditions attached to 
an exempted fishing permit issued under Sec. 600.745 of this chapter.
    (i) When a directed fishery has been closed, take and retain, 
possess, or land more than the incidental trip limit announced in the 
Federal Register.
    (j) 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.
    (k) Falsify or fail to make and/or file any and all reports of 
fishing, landing, or any other activity involving CPS, containing all 
data, and in the exact manner, required by the applicable State law, as 
specified in Sec. 660.3.
    (l) Fail to carry aboard a vessel that vessel's limited entry permit 
issued under Sec. 660.512 or exempted fishing permit issued under 
Sec. 660.516.
    (m) Make a false statement on an application for issuing, renewing, 
transferring, or replacing a limited entry permit for the CPS fishery.



Sec. 660.506  Gear restrictions.

    The only fishing gear authorized for use in the reduction fishery 
for northern anchovy off California are 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 2 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.



Sec. 660.507  Closed areas to reduction fishing.

    The following areas are closed to reduction fishing:
    (a) Farallon Islands closure (see Figure 1 to this subpart). The 
portion of Subarea A bounded by--
    (1) A straight line joining Pigeon Point Light (37[deg]10.9[min] N. 
lat., 122[deg]23.6[min] W. long.) and the U.S. navigation light on 
Southeast Farallon Island (37[deg]42.0[min] N. lat., 123[deg]00.1[min] 
W. long.); and

[[Page 576]]

    (2) A straight line joining the U.S. navigation light on Southeast 
Farallon Island (37[deg]42.0[min] N. lat., 123[deg]00.1[min] W. long.) 
and the U.S. navigation light on Point Reyes (37[deg]59.7[min] N. lat., 
123[deg]01.3[min] W. long.).
    (b) Subarea B closures. Those portions of Subarea B described as-
    (1) Oxnard closure (see Figure 1 to this subpart). The area that 
extends offshore 4 miles from the mainland shore between lines running 
250[deg] true from the steam plant stack at Manadalay Beach 
(34[deg]12.4[min] N. lat., 119[deg]15.0[min] W. long.) and 220[deg] true 
from the steam plant stack at Ormond Beach (34[deg]07.8[min] N. lat., 
119[deg]10.0[min] W. long.).
    (2) Santa Monica Bay closure (see Figure 1 to this subpart). Santa 
Monica Bay shoreward of that line from Malibu Point (34[deg]01.8[min] N. 
lat., 188[deg]40.8[min] W. long.) to Rocky Point (Palos Verdes Point) 
(33[deg]46.5[min] N. lat., 118[deg]25.7[min] W. long.).
    (3) Los Angeles Harbor closure (see Figure 1 to this subpart). The 
area outside Los Angeles Harbor described by a line extending 6 miles 
180[deg] true from Point Fermin (33[deg]42.3[min] N. lat., 
118[deg]17.6[min] W. long.) and then to a point located 3 miles offshore 
on a line 225[deg] true from Huntington Beach Pier (33[deg]39.2[min] N. 
lat., 118[deg]00.3[min] W. long.).
    (4) Oceanside to San Diego closure (see Figure 1 to this subpart). 
The area 6 miles from the mainland shore south of a line running 
225[deg] true from the tip of the outer breakwater (33[deg]12.4[min] N. 
lat., 117[deg]24.1[min] W. long.) of Oceanside Harbor to the United 
States-Mexico International Boundary.



Sec. 660.508  Annual specifications.

    (a) The Regional Administrator will determine the harvest guidelines 
or quotas for all AMS from the estimated biomass and the formulas in the 
FMP.
    (b) Harvest guidelines or quotas, including any apportionment 
between the directed fishery and set-aside for incidental harvest, will 
be published in the Federal Register before the beginning of the 
relevant fishing season.
    (c) The announcement of each harvest guideline or quota will contain 
the following information:
    (1) A summary of the status of AMS and MS;
    (2) The estimated biomass on which the harvest guideline or quota 
was determined;
    (3) The portion, if appropriate, of the harvest guideline or quota 
set aside to allow for incidental harvests after closure of the directed 
fishery;
    (4) The estimated level of the incidental trip limit that will be 
allowed after the directed fishery is closed; and
    (5) The allocation, if appropriate, between Subarea A and Subarea B.
    (d) Harvest guidelines and quotas will receive a public review 
according to the following procedure:
    (1) A meeting will be held between the Council's CPSMT and AP, where 
the estimated biomass and the harvest guideline or quota will be 
reviewed and public comments received. This meeting will be announced in 
the Federal Register before the date of the meeting, if possible.
    (2) All materials relating to the biomass and harvest guideline or 
quota will be forwarded to the Council and its Scientific and 
Statistical Committee and will be available to the public from the 
Regional Administrator.
    (3) At a regular meeting of the Council, the Council will review the 
estimated biomass and harvest guideline or quota and offer time for 
public comment. If the Council requests a revision, justification must 
be provided.
    (4) The Regional Administrator will review the Council's 
recommendations, justification, and public comments and base his or her 
final decision on the requirements of the FMP.



Sec. 660.509  Closure of directed fishery.

    (a) The date when Pacific sardine that remains unharvested will be 
reallocated to Subarea A and Subarea B is September 1 for 2003 and 2004, 
and for 2005 if the 2005 harvest guideline is at least 90 percent of the 
2003 harvest guideline.
    (b) All unharvested sardine that remains on December 1 will be 
available for harvest coast wide.

[68 FR 52527, Sept. 4, 2003]



Sec. 660.510  Fishing seasons.

    All seasons will begin at 0001 hours and terminate at 2400 hours 
local time. Fishing seasons for the following CPS species are:
    (a) Pacific sardine. January 1 to December 31, or until closed under 
Sec. 660.509.

[[Page 577]]

    (b) Pacific mackerel. July 1 to June 30, or until closed under 
Sec. 660.509.



Sec. 660.511  Catch restrictions.

    (a) All CPS harvested shoreward of the outer boundary of the EEZ (0-
200 nautical miles off shore) will be counted toward the catch 
limitations specified in this section.
    (b) The trip limit for harvesting vessels fishing in the CPS Limited 
Entry Zone for CPS other than live bait without a limited entry permit 
is 5 mt tons of all CPS finfish combined.
    (c)The trip limit for vessels with a limited entry permit on a 
fishing trip in which the vessel fishes or lands fish in the Limited 
Entry Zone is 125 mt of all CPS finfish combined.
    (d) After the directed fishery for a CPS is closed under 
Sec. 660.509, no person may take and retain, possess or land more of 
that species than the incidental trip limit set by the Regional 
Administrator.
    (e) While fishing for CPS, all species of trout and salmon 
(Salmonidae) and Pacific halibut (Hippoglossus stenolepis) are 
prohibited species and must be released immediately with a minimum of 
injury.
    (f) The percentages of the unharvested sardine that are reallocated 
to Subarea A and Subarea B are 20 percent to Subarea A and 80 percent to 
Subarea B.

[64 FR 69893, Dec. 15, 1999, as amended at 68 FR 52527, Sept. 4, 2003]



Sec. 660.512  Limited entry fishery.

    (a) General. (1) This section applies to fishing for or landing CPS 
finfish in the limited entry fishery in the Limited Entry Zone.
    (2) Effective January 1, 2000, the owner of a vessel with more than 
5 mt of CPS finfish on board in the CPS Limited Entry Zone, other than 
live bait, must have a limited entry permit registered for use with that 
vessel.
    (3) Only a person eligible to own a documented vessel under the 
terms of 46 U.S.C. 12102(a) qualifies to be issued or may hold, by 
ownership or otherwise, a limited entry permit.
    (b) Initial qualification. (1) A limited entry permit for a vessel 
will be issued only if that vessel landed 100 mt of CPS finfish from 
January 1, 1993, through November 5, 1997.
    (2) A limited entry permit will be issued only to the current owner 
of the vessel, unless:
    (i) The previous owner of a vessel qualifying for a permit, by the 
express terms of a written contract, reserved the right to the limited 
entry permit, in which case the limited entry permit will be issued to 
the previous owner based on the catch history of the qualifying vessel, 
or
    (ii) A vessel that would have qualified for a limited entry permit 
was totally lost prior to issuance of a limited entry permit. In this 
case, the owner of the vessel at the time it was lost retains the right 
to a permit for a replacement vessel, unless the owner conveyed the 
right to another person by the express terms of a written contract. The 
lost vessel must be replaced within 2 years of the date that the 
qualifying vessel was lost, and the replaced vessel must be of equal or 
less net tonnage.
    (c) Documentation and burden of proof. A vessel owner (or person 
holding limited entry rights under the express terms of a written 
contract as specified in paragraph (a)(2)) of this section applying for 
issuance, renewal, transfer, or registration of a limited entry permit 
must prove that the qualification requirements are met by submitting the 
following documentation:
    (1) A certified copy of the vessel's documentation as a fishing 
vessel of the United States (U.S. Coast Guard or state) is the best 
evidence of vessel ownership;
    (2) A certified copy of a state fish landing receipt is the best 
evidence of a landing of a vessel;
    (3) A copy of a written contract reserving or conveying limited 
entry rights is the best evidence of reserved or acquired rights; and
    (4) Other relevant, credible evidence that the applicant may wish to 
submit or that the SFD may request or require.
    (d) Fees. The Regional Administrator may charge fees to cover 
administrative expenses related to issuing limited entry permits, as 
well as renewing, transferring, and replacing permits. The amount of the 
fee is calculated in

[[Page 578]]

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) Initial decisions. (1) The SFD will make initial decisions 
regarding issuing, renewing, transferring, and registering limited entry 
permits.
    (2) Adverse decisions shall be in writing and shall state the 
reasons for the adverse decision.
    (3) The SFD may decline to act on an application for issuing, 
renewing, transferring, or registering a limited entry permit and will 
notify the applicant, if the permit sanction provisions of the Magnuson-
Stevens Act at 16 U.S.C. 1858(a) and implementing regulations at 15 CFR 
part 904, subpart D, apply.
    (f) Initial issuance. (1) The SFD will issue limited entry permits.
    (2) In order to receive a final decision on a limited entry permit 
application before January 1, 2000, an applicant must submit the 
application to the SFD on or before February 14, 2000.
    (3) A separate, complete, and accurate application form, accompanied 
by any required supporting documentation and the appropriate fee, must 
be submitted for each vessel for which a limited entry permit is sought.
    (4) Upon receipt of an incomplete or improperly executed 
application, the SFD will notify the applicant of the deficiency. If the 
applicant fails to correct the deficiency within 30 days following the 
date of notification, the application will be considered void.
    (5) The SFD may request further documentation before acting on an 
application.
    (6) The SFD will not accept applications for a limited entry permit 
after July 1, 2000.
    (g) Appeals. (1) Any applicant for an initial permit may appeal the 
initial issuance decision to the Regional Administrator. To be 
considered by the Regional Administrator, such appeal must be in writing 
and state the reasons for the appeal, and must be submitted within 30 
days of the action by the Regional Administrator. The appellant may 
request an informal hearing on the appeal.
    (2) Upon receipt of an appeal authorized by this section, the 
Regional Administrator will notify the permit applicant, or permit 
holder as appropriate, and will request such additional information and 
in such form as will allow action upon the appeal.
    (3) Upon receipt of sufficient information, the Regional 
Administrator will decide the appeal in accordance with the permit 
eligibility criteria set forth in this section and in the FMP, as 
appropriate, based upon information relative to the application on file 
at NMFS and the Council and any additional information submitted to or 
obtained by the Regional Administrator, the summary record kept of any 
hearing and the hearing officer's recommended decision, if any, and such 
other considerations as the Regional Administrator deems appropriate. 
The Regional Administrator will notify all interested persons of the 
decision, and the reasons therefor, in writing, normally within 30 days 
of the receipt of sufficient information, unless additional time is 
needed for a hearing.
    (4) If a hearing is requested or if the Regional Administrator 
determines that one is appropriate, the Regional Administrator may grant 
an informal hearing before a hearing officer designated for that purpose 
after first giving notice of the time, place, and subject matter of the 
hearing to the applicant. 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 Administrator.
    (5) The Regional Administrator may adopt the hearing officer's 
recommended decision, in whole or in part, or may reject or modify it. 
In any event, the Regional Administrator will notify interested persons 
of the decision, and the reason(s) therefore, in writing, within 30 days 
of receipt of the

[[Page 579]]

hearing officer's recommended decision. The Regional Administrator's 
action shall constitute final action for the agency for the purposes of 
the APA.
    (6) Any time limit prescribed in this section may be extended for a 
period not to exceed 30 days by the Regional Administrator for good 
cause, either upon his or her own motion or upon written request from 
the appellant stating the reason(s) therefore.
    (h) Issuance of new permits. (1) When the aggregate gross tonnage of 
all vessels participating in the limited entry fishery declines below 
5,650.9 metric tons (mt), the Council will review the status of the 
fishery, taking into consideration:
    (i) The changes in gross tonnage that have and are likely to occur 
in the transfer of limited entry permits;
    (ii) The actual harvesting capacity as experienced in the current 
fishery in comparison to the capacity goal;
    (iii) Comments of the CPSMT;
    (iv) Any other relevant factors related to maintaining the capacity 
goal.
    (2) Following its review, the Council will recommend to NMFS whether 
additional permit(s) should be issued and if the new permit(s) should be 
temporary or permanent. The issuance of new permit(s) shall be based on 
the following:
    (i) The qualifying criteria in paragraph (b) of this section, but 
vessels that were issued a permit before December 31, 2000, are not 
eligible.
    (ii) If no vessel meets the qualifying criteria in paragraph (b), 
then the permit(s) will be issued to the vessel(s) with total landings 
nearest 100 mt during the qualifying period of paragraph (b).
    (iii) No vessel will be issued a permit under this paragraph (h) 
that is currently registered for use with a permit.
    (3) The Regional Administrator will review the Council's 
recommendation and determine whether issuing additional permit(s) is 
consistent with the FMP and with paragraph (h)(2) of this section. If 
issuing additional permit(s) is appropriate, the Regional Administrator 
will:
    (i) Issue the appropriate number of permits consistent with the 
Council's recommendation; and
    (ii) Publish a document in the Federal Register notifying the public 
that new permits or a new permit has been issued, the conditions 
attached to any permit, and the reasons for the action.

[64 FR 69893, Dec. 15, 1999, as amended at 68 FR 3822, Jan. 27, 2003]



Sec. 660.513  Permit conditions.

    (a) A limited entry permit expires on failure to renew the limited 
entry permit as specified in Sec. 660.515.
    (b) A limited entry permit may not be used with a vessel unless it 
is registered for use with that vessel. Limited entry permits will be 
registered for use with a particular vessel at the time the permit is 
issued, renewed, or transferred.
    (c) Limited entry permits issued or applied for under this subpart 
are subject to sanctions pursuant to the Magnuson-Stevens Act, 16 U.S.C. 
1858(g), and 15 CFR part 904, subpart D.



Sec. 660.514  Transferability.

    (a) General. (1) The SFD will process applications for transferring 
limited entry permits to a different owner and/or to a different vessel 
according to this section.
    (2) After January 27, 2003, the SFD will issue a limited entry 
permit to the owner of each vessel permitted to participate in the 
limited entry fishery for CPS. This permit will replace the existing 
permit and will include the gross tonnage of the vessel, which will 
constitute an endorsement for that vessel for the purpose of regulating 
the transfer of limited entry permits.
    (b) Criteria. (1) When the aggregate gross tonnage of all vessels 
participating the limited entry fishery is at or below 5,650.9 mt, a 
permit may be transferred to a different owner or to a different vessel 
in the following circumstances only:
    (i) A permit may be transferred to a vessel without a permit if the 
vessel without a permit has a comparable capacity to the capacity on the 
permit or is less than comparable capacity on the permit.
    (ii) When a permit is transferred to a vessel without a permit that 
has less gross tonnage than that of the permitted vessel, the excess 
gross tonnage

[[Page 580]]

may not be separated from the permit and applied to a second vessel.
    (iii) A permit may be transferred to a vessel without a permit that 
is of greater than comparable capacity only if two or more permits are 
transferred to the vessel without a permit to equal the gross tonnage of 
the vessel. The number of permits required will be determined by adding 
together the comparable capacity of all permits being transferred. Any 
gross tonnage in excess of that needed for a vessel remains with the 
permit.
    (2) When a vessel with multiple permits leaves the fishery, the 
permits may be sold separately and applied to other vessels according to 
the criteria in this section.
    (c) Stipulations. (1) The gross tonnage endorsement of a permit is 
integral to the permit for the duration of the permit, regardless of the 
gross tonnage of any vessel to which the permit is transferred.
    (2) Permits may be used only on the vessel for which they are 
registered by the SFD. All permits that authorize a vessel to operate in 
the limited entry fishery must be on board the vessel during any fishing 
trip on which CPS is harvested or is on board.
    (3) A permit may be transferred only once during a calendar year.
    (d) Vessel alterations. (1) A permitted vessel's length, breadth, or 
depth may be altered to increase the gross tonnage of the vessel only if 
the aggregate gross tonnage of all vessels participating in the limited 
entry fishery equals, or is below 5,650.9 mt, and only under the 
following conditions:
    (i) The gross tonnage of the altered vessel, calculated according to 
the formula in 46 CFR 69.209(a), does not exceed 110 percent of the 
vessel's original gross tonnage endorsement, and
    (ii) A new certificate of documentation is obtained from the U.S. 
Coast Guard or State. Modifications exceeding 110 percent of the 
vessel's gross tonnage endorsement will require registration of the 
vessel under an additional permit or permits or under a permit with a 
sufficient gross tonnage endorsement.
    (2) A copy of the certificate of documentation indicating changes in 
length, depth, or breadth must be provided to the SFD.
    (3) The revised gross tonnage will not be valid as an endorsement 
until a revised permit is issued by the SFD.
    (e) Applications. (1) All requests for the transfer of a limited 
entry permit will be made to the SFD in writing and shall contain the 
following information:
    (i) Name, address, and phone number of the owner of the permitted 
vessel.
    (ii) Name of the permitted vessel and documentation number of the 
vessel.
    (iii) Name, address, and phone number of the owner of the vessel to 
which the permit is to be transferred.
    (iv) Name and documentation number of the vessel to which the permit 
is to be transferred.
    (v) Signature(s) of the owner(s) of the vessels participating in the 
transfer.
    (vi) Any other information that the SFD may request.
    (2) No permit transfer is effective until the transfer has been 
authorized by the SFD.
    (f) Capacity reduction. (1) When the aggregate gross tonnage of the 
limited entry fleet reaches 5,933.5 mt, a permit may be transferred to a 
vessel without a permit only if the vessel without a permit is of the 
same or less gross tonnage.
    (2) When the aggregate gross tonnage of the limited entry fleet 
reaches 5,933.5 mt, alterations in the length, depth, or breadth of a 
permitted vessel may not result in an increase in the gross tonnage of 
the vessel.

[68 FR 3823, Jan. 27, 2003]



Sec. 660.515  Renewal of limited entry permits.

    (a) Each limited entry permit must be renewed by January 1 of even 
numbered years.
    (b) The SFD will send notices to renew limited entry permits to the 
most recent address of the permit holder.
    (c) The permit owner must provide SFD with notice of any address 
change within 15 days of the change.
    (d) The permit holder must submit applications for renewal of a 
permit on forms available from the SFD.
    (e) The permit owner is responsible for renewing a limited entry 
permit.

[[Page 581]]

    (f) An expired permit cannot be used to fish for CPS in the limited 
entry fishery.



Sec. 660.516  Exempted fishing.

    (a) General. In the interest of developing an efficient and 
productive fishery for CPS, the Regional Administrator may issue 
exempted fishing permits (EFP) for the harvest of CPS that otherwise 
would be prohibited.
    (b) No exempted fishing for CPS may be conducted unless authorized 
by an EFP issued for the participating vessel in accordance with the 
criteria and procedures specified in Sec. 600.745 of this chapter.



Sec. 660.517  Framework for revising regulations.

    (a) General. NMFS will establish and adjust specifications and 
management measures in accordance with procedures and standards in 
Amendment 8 to the FMP.
    (b) Annual actions. Annual specifications are developed and 
implemented according to Sec. 660.508.
    (c) Routine management measures. Consistent with section. 2.1 of 
Amendment 8 to the FMP, management measures designated as routine 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 measures in section 2 of Amendment 8 to the 
FMP and will be published in the Federal Register.



Sec. 660.518  Pacific Coast Treaty Indian Rights.

    (a) Pacific Coast treaty Indian tribes have treaty rights to harvest 
CPS in their usual and accustomed fishing areas in U.S. waters.
    (b) For the purposes of this section, ``Pacific Coast treaty Indian 
tribes'' and their ``usual and accustomed fishing areas'' are described 
at Sec.  660.324(b) and (c).
    (c) Boundaries of a tribe's fishing area may be revised as ordered 
by a Federal court.
    (d) Procedures. The rights referred to in paragraph (a) of this 
section will be implemented in accordance with the procedures and 
requirements of the framework contained in Amendment 9 to the FMP and in 
this Subpart.
    (1) The Secretary, after consideration of the tribal request, the 
recommendation of the Council, and the comments of the public, will 
implement Indian fishing rights.
    (2) The rights will be implemented either through an allocation of 
fish that will be managed by the tribes or through regulations that will 
apply specifically to the tribal fisheries.
    (3) 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 NMFS Southwest Regional Administrator at least 120 days prior to 
the start of the fishing season as specified at Sec.  660.510 and will 
be subject to public review according to the procedures in Sec.  
660.508(d).
    (4) The Regional Administrator will announce the annual tribal 
allocation at the same time as the annual specifications.
    (e) 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 in consultation with the affected tribe(s) and, insofar as 
possible, with tribal consensus.

[66 FR 44987, Aug. 27, 2001]



Sec. 660.519  Scientific observers.

    All fishing vessels operating in the coastal pelagic species 
fishery, including catcher/processors, at-sea processors, and vessels 
that harvest in Washington, Oregon, or California and land catch in 
another area, may be required to accommodate NMFS- certified observers 
aboard to collect scientific data. An observer program will be 
considered only for circumstances where other data collection methods 
are deemed insufficient for management of the fishery. Any observer 
program will be implemented in accordance with Sec.  660.517.

[66 FR 44987, Aug. 27, 2001]

[[Page 582]]

  Figure 1 to Subpart I of Part 660--Existing California Area Closures 
 (hatched areas extend to 3 miles offshore; cross-hatched areas extend 
 beyond 3 miles offshore) and Optional Catalina Channel Foreign Vessel 
                   Closure (outlined by dashed lines)
[GRAPHIC] [TIFF OMITTED] TR15DE99.000

      Table 1 to Part 660--Quotas for Precious Corals Permit Areas

------------------------------------------------------------------------
                                                                  Number
       Name of coral bed         Type of bed    Harvest quota       of
                                                                  years
------------------------------------------------------------------------
Makapu'u                        Established         P--2,000 kg        2
                                ............     G--Zero (0 kg)      n/a
                                ............          B--500 kg        2
Ke-ahole Point                  Conditional            P--67 kg        1
                                ............           G--20 kg        1
                                ............           B--17 kg        1
Kaena Point                     Conditional            P--67 kg        1
                                ............           G--20 kg        1
                                ............           B--17 kg        1
Brooks Bank                     Conditional            P--17 kg        1
                                ............          G--133 kg        1
                                ............          B--111 kg        1
180 Fathom Bank                 Conditional           P--222 kg        1
 
                                ............           G--67 kg        1
                                ............           B--56 kg        1
Westpac Bed                     Refugium            Zero (0 kg)      n/a
Hawaii, American, Samoa, Guam,  Exploratory    X--1,000 kg (all        1
 U.S. Pacific Island                           species combined
 possessions.                                      except black
                                               corals) per area
------------------------------------------------------------------------
Notes:
1. Types of corals: P = Pink G = Gold B = Bamboo
2. No authorized fishing for coral in refugia


[67 FR 11945, Mar. 18, 2002]

 Table 2 to Part 660--Vessel Capacity Ratings for West Coast Groundfish 
                          Limited Entry Permits

------------------------------------------------------------------------
                                                                Capacity
                        Vessel length                            rating
------------------------------------------------------------------------
<20..........................................................       1.00

[[Page 583]]

 
 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
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

[[Page 584]]

 
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
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

[[Page 585]]

 
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 586]]

            Figure 1 to Part 660--Carapace Length of Lobsters
[GRAPHIC] [TIFF OMITTED] TR02JY96.035

             Figure 2 to Part 660--Length of Fishing Vessel
[GRAPHIC] [TIFF OMITTED] TR30JA02.042


[61 FR 34572, July 2, 1996, as amended at 67 FR 4371, Jan. 30, 2002]



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 (R&R).
679.6 Exempted 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.

[[Page 587]]

      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.
679.45 IFQ cost recovery program.

                 Subpart E--Groundfish Observer Program

679.50 Groundfish Observer Program applicable through December 31, 2007.

          Subpart F--American Fisheries Act Management Measures

679.60 Authority and related regulations.
679.61 Formation and operation of fishery cooperatives.
679.62 Inshore sector cooperative allocation program.
679.63 Catch weighing requirements for vessels and processors.
679.64 Harvesting sideboard limits in other fisheries.
679.65 Crab processing sideboard limits.

Subpart G--Inshore Fee System for Repayment of the Loan to Harvesters of 
  Pollock from the Directed Fishing Allowance Allocated to the Inshore 
              Component Under Section 206(b)(1) of the AFA.

679.70 Definitions.
679.71 Loan.
679.72 Fee payment and collection.
679.73 Fee collection deposits, disbursements, records, and reports.
679.74 Late charges.
679.75 Enforcement.
679.76 Prohibitions and penalties.

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
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 of the BSAI
Figure 9 to Part 679--Chum Savings Area (CSSA) of the CVOA
Figure 10 to Part 679--Pribilof Islands Area Habitat Conservation Zone 
          in the Bering Sea
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
Figure 16 to Part 679--BSAI C. opilio and C. bairdi tanner crab 
          endorsement areas
Figure 17 to Part 679--BSAI King crab endorsement areas
Figure 18 to Part 679--Sitka Pinnacles Marine Reserve
Figure 19 to Part 679--Shelikof Strait Conservation Area
Figure 20 to Part 679--Steller sea lion conservation area (SCA) of the 
          Bering Sea
Figure 21 to Part 679--Cape Sarichef Research Restriction Area 
          (Applicable through March 31, 2006)
Table 1 to Part 679--Product and Delivery Codes
Table 2 to Part 679--Species Codes for FMP Species and non-FMP Species
Table 3 to Part 679--Product Recovery Rates for Groundfish Species and 
          Conversion Rates for Pacific Halibut
Table 4 to Part 679--Steller Sea Lion Protection Areas
Table 5 to Part 679--Pollock Fisheries Restrictions Stellor Sea Lion 
          Protection Areas Pacific Cod Fisheries Restrictions
Table 6 to Part 679--Steller Sea Lion Protection Areas Atka Mackerel 
          Fisheries Restrictions
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 Vessel Activity 
          Reports
Table 9 to Part 679--Required Logbooks, Reports, Forms and Electronic 
          Logbook and Reports from Participants in the Federal 
          Groundfish Fisheries
Table 10 to Part 679--Gulf of Alaska Retainable Percentages
Table 11 to Part 679--BSAI Retainable Percentages
Table 12 to Part 679--Stellar Sea Lion Protection Areas 3nm No 
          Groundfish Fishing Sites
Table 13 to Part 679 [Reserved]

[[Page 588]]

Table 14a to Part 679--Port of Landing Codes: Alaska
Table 14b to Part 679--Port of Landing Codes: California, Oregon, 
          Canada, Including CDQ and IFQ Primary Ports
Table 14c to Part 679--Washington Port of Landing Codes: Non-Alaska 
          (California, Oregon, Cananda, Washington)
Table 15 to Part 679--Gear Codes, Descriptions, and Use (X) Indicates 
          Where This Code is Used)
Table 16 to Part 679--Area Codes and Descriptions For Use with State of 
          Alaska ADF&G Commercial Operator's Annual Report (COAR)
Table 17 to Part 679--Process Codes for Use with State of Alaska 
          Commercial Operator's Annual Report (COAR)
Table 18 to Part 679--Required Buying and Production Forms for use with 
          State of Alaska Commercial Operator's Annual Report (COAR)
Table 19 to Part 679--Seabird Avoidance Gear Codes
Table 20 [Reserved]
Table 21 to Part 679--Steller Sea Lion Protection Areas 3nm No 
          Groundfish Fishing Sites
Table 22 to Part 679--Steller Sea Lion Protection Areas for Pollock 
          Fisheries Restrictions
Table 23 to Part 679--Steller Sea Lion Protection Areas Pacific Cod 
          Fisheries Restrictions
Table 24 to Part 679--Steller Sea Lion Protection Areas Atka Mackerel 
          Fisheries Restrictions

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et seq.; 16 
U.S.C. 1540(f); Pub. L. 105-277, Title II of Division C; Pub. L. 106-31, 
Sec. 3027; and Pub. L. 106-554, Sec. 209.

    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, 62 FR 2047, Jan. 15, 1997, 66 FR 27909, May 21, 
2001, and 67 FR 79739, Dec. 30, 2002.



                           Subpart A--General



Sec. 679.1  Purpose and scope.

    Regulations in this part were developed by the Council under the 
Magnuson-Stevens Fishery Conservation and Management Act and the 
Northern Pacific Halibut 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) [Reserved]
    (d) IFQ Program for sablefish and halibut. The IFQ management 
measures 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 and the GOA, provided that aboard such vessels are persons who 
currently hold quota shares, IFQ permits, or IFQ cards.
    (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.

[[Page 589]]

    (f) Groundfish Observer Program (applicable through December 31, 
2002). 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 Bering Sea/Aleutian Islands King and 
Tanner Crabs. 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 Salmon Fisheries in the EEZ off 
the Coast of Alaska (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.
    (3) Regulations in this part implement the license limitation 
program for the commercial scallop fishery in the EEZ off Alaska.
    (4) Regulations in this part govern the commercial fishing for 
scallops by vessels of the United States using authorized gear within 
the EEZ off Alaska.
    (k) American Fisheries Act measures. Regulations in this part were 
developed by NMFS and the Council under the Magnuson-Stevens Act and 
American Fisheries Act (AFA) to govern commercial fishing for BSAI 
pollock according to the requirements of the AFA. This part also governs 
payment and collection of the loan, under the AFA, the Magnuson-Stevens 
Act, and Title XI of the Merchant Marine Act, 1936, made to all those 
persons who harvest pollock from the directed fishing allowance 
allocated to the inshore component under section 206(b)(1) of the AFA.

[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; 65 FR 5281, Feb. 3, 2000; 65 FR 45317, July 21, 2000; 65 FR 78115, 
Dec. 14, 2000; 66 FR 27909, May 21, 2001; 66 FR 4148, Jan. 28, 2002; 67 
FR 13293, Mar. 22, 2002; 67 FR 44094, July 1, 2002]

    Effective Date Note: At 67 FR 79721, Dec. 30, 2002, Sec. 679.1 was 
amended by revising paragraph (k), effective Jan. 29, 2003, through Dec. 
31, 2007.



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 (see Sec. 679.5(a)(7)(i)).
    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.
    ADF&G fish ticket number means a nine-digit number designated by one 
alphabet letter (i.e., G = groundfish), two numbers that identify the 
year (i.e., 98), followed by six numbers.
    ADF&G processor code means State of Alaska Department of Fish & Game

[[Page 590]]

(ADF&G) Intent to operate processor license number (example: F12345).
    AFA catcher/processor means a catcher/processor permitted to harvest 
BSAI pollock under Sec. 679.4(l)(2).
    AFA catcher vessel means a catcher vessel permitted to harvest BSAI 
pollock under Sec. 679.4(l)(3).
    AFA crab processing facility means a processing plant, catcher/
processor, mothership, floating processor or any other operation that 
processes any FMP species of BSAI crab, and that is affiliated with an 
AFA entity that processes pollock harvested by a catcher vessel 
cooperative operating in the inshore or mothership sectors of the BSAI 
pollock fishery.
    AFA entity means a group of affiliated individuals, corporations, or 
other business concerns that harvest or process pollock in the BSAI 
directed pollock fishery.
    AFA inshore processor means a shoreside processor or stationary 
floating processor permitted to process BSAI pollock under 
Sec. 679.4(l)(5).
    AFA mothership means a mothership permitted to process BSAI pollock 
under Sec. 679.4(l)(5).
    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.
    Affiliation for the purpose of defining AFA entities means a 
relationship between two or more individuals, corporations, or other 
business concerns in which one concern directly or indirectly owns a 10-
percent or greater interest in another, exerts control over another, or 
has the power to exert control over another; or a third individual, 
corporation, or other business concern directly or indirectly owns a 10 
percent or greater interest in both, exerts control over both, or has 
the power to exert control over both.
    (1) What is 10-percent or greater ownership? For the purpose of 
determining affiliation, 10-percent or greater ownership is deemed to 
exist if an individual, corporation, or other business concern directly 
or indirectly owns 10 percent or greater interest in a second 
corporation or other business concern.
    (2) What is an indirect interest? An indirect interest is one that 
passes through one or more intermediate entities. An entity's percentage 
of indirect interest in a second entity is equal to the entity's 
percentage of direct interest in an intermediate entity multiplied by 
the intermediate entity's direct or indirect interest in the second 
entity.
    (3) What is control? For the purpose of determining affiliation, 
control is deemed to exist if an individual, corporation, or other 
business concern has any of the following relationships or forms of 
control over another individual, corporation, or other business concern:
    (i) Controls 10 percent or more of the voting stock of another 
corporation or business concern;
    (ii) Has the authority to direct the business of the entity which 
owns the fishing vessel or processor. The authority to ``direct the 
business of the entity'' does not include the right to simply 
participate in the direction of the business activities of an entity 
which owns a fishing vessel or processor;
    (iii) Has the authority in the ordinary course of business to limit 
the actions of or to replace the chief executive officer, a majority of 
the board of directors, any general partner or any person serving in a 
management capacity of an entity that holds 10 percent or greater 
interest in a fishing vessel or processor. Standard rights of minority 
shareholders to restrict the actions of the entity are not included in 
this definition of control provided they are unrelated to day-to-day 
business activities. These rights include provisions to require the 
consent of the minority shareholder to sell all or substantially

[[Page 591]]

all the assets, to enter into a different business, to contract with the 
major investors or their affiliates or to guarantee the obligations of 
majority investors or their affiliates;
    (iv) Has the authority to direct the transfer, operation or manning 
of a fishing vessel or processor. The authority to ``direct the 
transfer, operation, or manning'' of a vessel or processor does not 
include the right to simply participate in such activities;
    (v) Has the authority to control the management of or to be a 
controlling factor in the entity that holds 10 percent or greater 
interest in a fishing vessel or processor;
    (vi) Absorbs all the costs and normal business risks associated with 
ownership and operation of a fishing vessel or processor;
    (vii) Has the responsibility to procure insurance on the fishing 
vessel or processor, or assumes any liability in excess of insurance 
coverage;
    (viii) Has the authority to control a fishery cooperative through 
10-percent or greater ownership or control over a majority of the 
vessels in the cooperative, has the authority to appoint, remove, or 
limit the actions of or replace the chief executive officer of the 
cooperative, or has the authority to appoint, remove, or limit the 
actions of a majority of the board of directors of the cooperative. In 
such instance, all members of the cooperative are considered affiliates 
of the individual, corporation, or other business concern that exerts 
control over the cooperative; and
    (ix) Has the ability through any other means whatsoever to control 
the entity that holds 10 percent or greater interest in a fishing vessel 
or processor.
    Agent (1) For purposes of permits issued under Sec. 679.4, means a 
person appointed and residing within the United States who may apply for 
permits and may otherwise act on behalf of the owner, operator, or 
manager of a catcher vessel, catcher/processor, mothership, shoreside 
processor, stationary floating processor, buying station, support 
vessel, or on behalf of the IFQ permit holders, IFQ registered buyers, 
or CDQ halibut permit holders.
    (2) For purposes of groundfish product distribution under 
Sec. 679.5(g), means a buyer, distributor, or shipper but not a buying 
station, who may receive and distribute groundfish on behalf of the 
owner, operator, and manager of a catcher/processor, mothership, 
shoreside processor, or stationary floating processor.
    (3) For purposes of IFQ recordkeeping and reporting under 
Sec. 679.5(l), means a person who on behalf of the Registered Buyer may 
submit IFQ reports.
    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 to 
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 (see Table 1 to this part).
    Appointed agent for service of process means an agent appointed by 
the members of a fishery cooperative to serve on behalf of the 
cooperative. The appointed agent for service of process may be the owner 
of a vessel listed as a member of the cooperative or a registered agent.
    Area endorsement means (for purposes of groundfish LLP) 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;

[[Page 592]]

    (3) Central Gulf area endorsement. Authorizes the license holder to 
deploy a vessel to conduct directed fishing for license limitation 
groundfish in the Central GOA regulatory area 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 GOA regulatory area.
    Area/species endorsement means (for purposes of LLP) 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 (see Figures 16 and 17 to this part). 
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[min] 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[min] 
N. lat.) westward to 171[deg] W. long., then north to 55[deg] 30[min] 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[min] 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[min] 
N. lat.) westward to 171[deg] W. long., then north to 55[deg] 30[min] 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[min] N. lat., a southern boundary of 54[deg] 36[min] N. lat., 
and a western boundary of 168[deg] W. 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[min] N. lat., and a northern boundary of 65[deg] 36[min] N. lat.
    (6) Pribilof red king and Pribilof blue king in waters with a 
northern boundary of 58[deg] 39[min] N. lat., an eastern boundary of 
168[deg] W. long., a southern boundary line from 54[deg] 36[min] N. 
lat., 168[deg] W. long., to 54[deg] 36[min] N. lat., 171[deg] W. long., 
to 55[deg] 30[min] N. lat., 171[deg] W. long., to 55[deg] 30[min] N. 
lat., 173[deg] 30[min] 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[min] N. lat., a southern boundary of 58[deg] 39[min] N. lat., 
and a western boundary of the U.S.-Russian Convention line of 1867.
    Associated processor means, a federally permitted mothership, 
shoreside processor, or stationary floating processor that has a 
contractual relationship with a buying station to conduct groundfish 
buying station activities for that processor.
    Authorized distributor means a tax-exempt organization authorized by 
NMFS to coordinate the processing, storage, transportation, and 
distribution of salmon taken as incidental catch in the groundfish trawl 
fisheries to tax-exempt hunger relief agencies, food bank networks, and 
food bank distributors.
    Authorized fishing gear (see also Sec. 679.24 for gear limitations 
and Table 15 to this part for gear codes) means trawl gear, fixed gear, 
longline gear, pot gear, and nontrawl gear as follows:
    (1) Dinglebar gear means one or more lines retrieved and set with a 
troll gurdy or hand troll gurdy, with a terminally attached weight from 
which one or more leaders with one or more lures or baited hooks are 
pulled through the water while a vessel is making way.
    (2) Fixed gear means:
    (i) For sablefish harvested from any GOA reporting area, all 
longline 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.

[[Page 593]]

    (iii) For halibut harvested from any IFQ regulatory area, all 
fishing gear comprised of lines with hooks attached, including one or 
more stationary, buoyed, and anchored lines with hooks attached.
    (3) Hand troll gear means one or more lines, with lures or hooks 
attached, drawn through the water behind a moving vessel, and retrieved 
by hand or hand-cranked reels or gurdies and not by any electrically, 
hydraulically, or mechanically powered device or attachment.
    (4) Handline gear means a hand-held line, with one or more hooks 
attached, that may only be operated manually.
    (5) Hook-and-line gear means a stationary, buoyed, and anchored line 
with hooks attached, or the taking of fish by means of such a device.
    (6) Jig gear means a single, non-buoyed, non-anchored line with 
hooks attached, or the taking of fish by means of such a device.
    (7) Longline gear means hook-and-line, jig, troll, and handline or 
the taking of fish by means of such a device.
    (8) 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.
    (9) Nonpelagic trawl means a trawl other than a pelagic trawl.
    (10) Nontrawl gear means pot and longline gear.
    (11) Pelagic trawl gear 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 (10)(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 passed 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 (10)(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 (10)(iii) and (iv) of this definition;
    (vi) Has no flotation other than floats capable of providing up to 
200 lb (90.7 kg) of buoyancy to accommodate the use of a net-sounder 
device;
    (vii) Has no more than one fishing line and one footrope for a total 
of no more than two weighted lines on the bottom of the trawl between 
the wing tip and the fishing circle;
    (viii) Has no metallic component except for connectors (e.g., 
hammerlocks or swivels) or a net-sounder device aft of the fishing 
circle and forward of any mesh greater than 5.5 inches (14.0 cm) 
stretched measure;
    (ix) May have small mesh within 32 ft (9.8 m) of the center of the 
headrope as needed for attaching instrumentation (e.g., net-sounder 
device); and
    (x) May have weights on the wing tips.
    (12) Pot gear means a portable structure designed and constructed to 
capture and retain fish alive in the water. This gear type includes 
longline pot and pot-and-line gear. Each groundfish pot must comply with 
the following:
    (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).
    (13) Pot-and-line gear means a stationary, buoyed line with a single 
pot attached, or the taking of fish by means of such a device.

[[Page 594]]

    (14) Power troll gear means one or more lines, with hooks or lures 
attached, drawn through the water behind a moving vessel, and 
originating from a power gurdy or power-driven spool fastened to the 
vessel, the extension or retraction of which is directly to the gurdy or 
spool.
    (15) Trawl gear means a cone or funnel-shaped net that is towed 
through the water by one or more vessels. For purposes of this part, 
this definition includes, but is not limited to, beam trawls (trawl with 
a fixed net opening utilizing a wood or metal beam), otter trawls (trawl 
with a net opening controlled by devices commonly called otter doors), 
and pair trawls (trawl dragged between two vessels) and is further 
described as pelagic or nonpelagic trawl.
    (16) Troll gear means one or more lines with hooks or lures attached 
drawn through the water behind a moving vessel. This gear type includes 
hand troll and power troll gear and dinglebar gear.
    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.
    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[min] N. lat), and extending south of the Aleutian Islands for 
200 nm west of Scotch Cap Light (164[deg]44[min]36[sec] 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 to 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 to 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 to 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.
    Bulwark means a section of a vessel's side continuing above the main 
deck.
    Buying station means a tender vessel or land-based entity that 
receives unprocessed groundfish from a vessel for delivery to a 
shoreside processor, stationary floating 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 to 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 to this part).
    Bycatch or bycatch species means fish caught and released while 
targeting another species or caught and released while targeting the 
same species.
    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).

[[Page 595]]

    (2) For purposes of Sec. 679.21(f) with respect to red king crab, 
means the ratio of number of red king crab to the total round weight, in 
metric tons, of BSAI groundfish for which a TAC has been specified under 
Sec. 679.20 while participating in the BSAI yellowfin sole and BSAI 
``other trawl'' fisheries, as defined under Sec. 679.21(f).
    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) 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 a vessel that is used for catching fish and 
that does not process fish on board.
    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 to 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 group number means a number assigned to a CDQ group by NMFS that 
must be recorded in all logbooks and 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 to this part).
    Central GOA Regulatory Area means that portion of the GOA EEZ that 
is contained in Statistical Areas 620 and 630 (see Figure 3 to this 
part).
    Chinook Salmon Savings Area of the BSAI (see Sec.  
679.21(e)(7)(viii) and Figure 8a and Figure 8b to this part).
    Chum Salmon Savings Area of the BSAI CVOA (See 
Sec. 679.21(e)(7)(vii) and Figure 9 to this part.)
    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 NOAA Fisheries Office for Law Enforcement 
(OLE) special agent, an OLE fishery enforcement officer, or an OLE 
enforcement aide.
    Commercial fishing means:
    (1) For purposes of the High Seas Salmon Fishery, fishing for fish 
for sale or barter; and
    (2) For purposes of the Pacific halibut fishery, fishing, the 
resulting catch of which either is, or is intended to be, sold or 
bartered but does not include subsistence fishing for halibut, as 
defined at 50 CFR 300.61.

[[Page 596]]

    Commercial Operator's Annual Report (COAR) means the annual report 
of information on exvessel and first wholesale values for fish and 
shellfish required under Title 5 of the Alaska Administrative Code, 
chapter 39.130 (see Sec. 679.5 (p)).
    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.
    Crab species means (see also king crab and tanner crab) all crab 
species covered by the Fishery Management Plan for Bering Sea/Aleutian 
Islands King and Tanner Crabs, 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.
    Daily reporting period or day is the period from 0001 hours, A.l.t., 
until the following 2400 hours, A.l.t.
    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 Table 10 to this part 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.
    Designated cooperative representative means an individual who is 
designated by the members of a fishery cooperative to fulfill 
requirements on behalf of the cooperative including, but not limited to, 
the signing of cooperative fishing permit applications; submitting 
catcher vessel pollock cooperative catch reports, and submitting annual 
cooperative fishing reports.
    Designated primary processor means an AFA inshore processor that is 
designated by an inshore pollock cooperative as the AFA inshore 
processor to which the cooperative will deliver at least 90 percent of 
its BSAI pollock allocation during the year in which the AFA inshore 
cooperative fishing permit is in effect.
    Direct financial interest means any source of income to, or capital 
investment or other interest held by, an individual, partnership, or 
corporation or

[[Page 597]]

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 on board a vessel that is greater than the maximum 
retainable amount for that species or species group as calculated under 
Sec. 679.20.
    (2) 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.
    (3) (Applicable through January 16, 2001) With respect to the 
harvest of groundfish by AFA catcher/processors and AFA catcher vessels, 
any fishing activity that results in the retention of an amount of a 
species or species group on board a vessel that is greater than the 
maximum retainable bycatch amount for that species or species group as 
calculated under Sec. 679.20.
    (4) With respect to the harvest of groundfish by AFA catcher/
processors and AFA catcher vessels, any fishing activity that results in 
the retention of an amount of a species or species group on board a 
vessel that is greater than the maximum retainable percentage for that 
species or species group as calculated under Sec. 679.20.
    Discard (see Sec. 600.10.)
    Dockside sale means, the transfer of IFQ halibut, CDQ 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 to this part).
    Eastern GOA 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 (for purposes of the LLP program) a 
qualified person who submitted an application during the application 
period announced by NMFS and:
    (1) For a groundfish license or crab species license, 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) For a groundfish license or crab species license, 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) For a crab species license, who was an individual who held a 
State of Alaska permit for the Norton Sound king crab summer fishery at 
the time he or she 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) For a scallop license, who qualifies for a scallop license as 
specified at Sec. 679.4(g)(2) of this part; or
    (5) 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).

[[Page 598]]

    Eligible community means (for purposes of the CDQ program) 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, 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.
    Endorsement. (1) (See area endorsement for purposes of the 
groundfish LLP permits);
    (2) (See area/species endorsement for purposes of the crab LLP 
permits);
    (3) (See Sec. 679.4(g)(3)(ii) area endorsements for purposes of the 
scallop permit).
    Experimental fishery (see Exempted fishery, Sec. 679.6).
    Federal waters means waters within the EEZ off Alaska (see also 
reporting area).
    Fishery cooperative or cooperative means any entity cooperatively 
managing directed fishing for BSAI pollock and formed under section 1 of 
the Fisherman's Collective Marketing Act of 1934 (15 U.S.C. 521). In and 
of itself, a cooperative is not an AFA entity subject to excessive 
harvest share limitations, unless a single person, corporation or other 
business entity controls the cooperative and the cooperative has the 
power to control the fishing activity of its member vessels.
    Fish product (See groundfish product.)
    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 (for purposes of subpart E) 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 means (for purposes of subpart E) 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) Retention requirements (MRA, IR/IU, and 
pollock roe stripping).
    (i) With respect to retention requirements of MRA, IR/IU, and 
pollock roe stripping, an operator of a catcher/

[[Page 599]]

processor or mothership processor 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:
    (A) The effective date of a notification prohibiting directed 
fishing in the same area under Sec. 679.20 or Sec. 679.21;
    (B) The offload or transfer of all fish or fish product
    from that vessel;
    (C) The vessel enters or leaves an area where a different directed 
fishing prohibition applies;
    (D) The vessel begins fishing with a different type of authorized 
fishing gear; or
    (E) The end of a weekly reporting period, whichever comes first.
    (ii) With respect to retention requirements of MRA, IR/IU, and 
pollock roe stripping, an operator of a catcher vessel is engaged in a 
fishing trip from the time the harvesting of groundfish is begun until 
the offload or transfer of all fish or fish product from that vessel.
    (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 
(see Sec. 679.26).
    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 (see 
Sec. 679.26).
    Footrope means a chain or wire rope attached to the bottom front end 
of a trawl and attached to the fishing line.
    Forage fish (see Table 2 to this part).
    Gear (see the definition for Authorized fishing gear of this 
section).
    Gear deployment (or to set gear) means:
    (1) Position of gear deployment (lat. and long.):
    (i) For trawl gear. The position where the trawl gear reaches the 
fishing level and begins to fish.
    (ii) For hook-and-line gear. The beginning position of a set of 
hook-and-line gear.
    (iii) For jig or troll gear. The position where the jig or troll 
gear enters the water.
    (iv) For pot gear. The position of the first pot in a string of 
pots.
    (2) Time of gear deployment (A.l.t.):
    (i) For trawl gear. The time when the trawl gear reaches the fishing 
level and begins to fish.
    (ii) For hook-and-line gear. The time when the first hook-and-line 
gear of a set is deployed.
    (iii) For jig or troll gear. The time when jig or troll gear enters 
the water.
    (iv) For pot gear. The time when the first pot in a string of pots 
is deployed.
    Gear retrieval (or to haul gear) means:
    (1) Position of gear retrieval (lat. and long. to the nearest 
minute):
    (i) For trawl gear. The position where retrieval of trawl gear cable 
commences.
    (ii) For hook-and-line gear. The position where the last hook-and-
line gear of a set leaves the water, regardless of where the majority of 
the set took place.
    (iii) For jig or troll gear. The position where the jig or troll 
gear leaves the water.
    (iv) For pot gear. The position where the last pot of a set is 
retrieved, regardless of where the majority of the set took place.

[[Page 600]]

    (2) Time of gear retrieval (A.l.t.):
    (i) For trawl gear. The time when retrieval of trawl gear cable 
commences.
    (ii) For hook-and-line gear. The time when the last hook-and-line 
gear of a set leaves the water.
    (iii) For jig or troll gear. The time when the jig or troll gear 
leaves the water.
    (iv) For pot gear. The time when the last pot of a set is retrieved.
    Groundfish means (1) FMP species as listed in Table 2 to this part.
    (2) Target species and the ``other species'' category, specified 
annually pursuant to Sec. 679.20(a)(2) (See also the definitions for: 
License limitation groundfish; CDQ species; and IR/IU species of this 
section).
    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 (for purposes of the LLP program) 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 to 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 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.
    Harvest limit area for platoon managed Atka mackerel directed 
fishing (applicable through December 31, 2002) for the purposes of 
Secs. 679.4(b)(5)(vii), 679.20(a)(8)(ii) and (iii) and 
679.22(a)(12)(iv)(A), means the waters of statistical areas 542 and 543 
west of 178[deg] W long. within 20 nm seaward of sites listed in Table 
24 of this part and located west of 177[deg]57.00[min] W. long.
    Harvest limit area (HLA) for Atka mackerel directed fishing for the 
purposes of Secs. 679.4(b)(5)(vi)(B), 679.20(a)(8)(ii) and (iii), and 
679.22(a)(8)(iv)(A), means the waters of statistical areas 542 and 543 
that are (1) west of 178[deg] W long. and (2) within 20 nm seaward of 
sites listed in Table 6 of this part that are located west of 
177[deg]57.00[min] W long.
    Harvest zone codes (see Table 8 to this part).
    Haul (See gear retrieval.)
    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 601]]

    (1) The West Area consists of the waters of the High Seas Salmon 
Management Area which are west of 143[deg]53[min]36[sec] W. long. (Cape 
Suckling).
    (2) The East Area consists of the waters of the High Seas Salmon 
Management Area east of 143[deg]53[min]36[sec] W. long.
    Hunger relief agency means a tax-exempt organization with the 
primary purpose of feeding economically disadvantaged individuals free 
of charge (see Sec. 679.26).
    IFQ actual ex-vessel value means the U.S. dollar amount of all 
compensation, monetary or non-monetary, including any IFQ retro-payments 
received by an IFQ permit holder for the purchase of IFQ halibut or IFQ 
sablefish landing(s) on his or her permit(s) described in terms of IFQ 
equivalent pounds.
    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 equivalent pound(s) means the weight amount, recorded in pounds, 
for an IFQ landing and calculated as round weight for sablefish and 
headed and gutted weight for halibut.
    IFQ fee liability means that amount of money for IFQ cost recovery, 
in U.S. dollars, owed to NMFS by an IFQ permit holder as determined by 
multiplying the appropriate standard ex-vessel value or actual ex-vessel 
value of his or her IFQ halibut or IFQ sablefish landing(s) by the 
appropriate IFQ fee percentage.
    IFQ fee percentage means that positive number no greater than 3 
percent (0.03) determined by the Regional Administrator and established 
for use to calculate the IFQ cost recovery fee liability for an IFQ 
permit holder.
    IFQ halibut means any halibut that is harvested with setline or 
other hook and line gear while commercial fishing in any IFQ regulatory 
area defined in this section.
    IFQ landing means the unloading or transferring of any IFQ halibut, 
CDQ halibut, IFQ sablefish, or products thereof from the vessel that 
harvested such fish or the removal from the water of a vessel containing 
IFQ halibut, CDQ halibut, IFQ sablefish, or products thereof.
    IFQ permit holder means the person identified on an IFQ permit, at 
the time a landing is made (see Sec. 679.4(d)(1)).
    IFQ program means the individual fishing quota program for the fixed 
gear fisheries for Pacific halibut and sablefish in waters in and off 
Alaska and governed by regulations under this part.
    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 
(see also Figure 15 to this part).
    (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 (see Figure 14 to this part).
    IFQ retro-payment means the U.S. dollar value of a payment, monetary 
or non-monetary, made to an IFQ permit holder for the purchase of IFQ 
halibut or IFQ sablefish landed at some previous time.
    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.
    IFQ standard ex-vessel value means the total U.S. dollar amount of 
IFQ halibut or IFQ sablefish landings as calculated by multiplying the 
number

[[Page 602]]

of landed IFQ equivalent pounds by the appropriate IFQ standard price 
determined by the Regional Administrator.
    IFQ standard price means a price, expressed in U.S. dollars per IFQ 
equivalent pound, for landed IFQ halibut and IFQ sablefish determined 
annually by the Regional Administrator and documented in an IFQ standard 
price list published by NMFS.
    Incidental catch or incidental species means fish caught and 
retained while targeting on some other species, but does not include 
discard of fish that were returned to the sea.
    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.
    Inshore component in the GOA means the following three categories of 
the U.S. groundfish fishery that process groundfish harvested in the 
GOA:
    (1) Shoreside processors.
    (2) Vessels less than 125 ft (38.1 m) LOA that hold an inshore 
processing endorsement on their Federal fisheries permit, and that 
process no more than 126 mt per week in round-weight equivalents of an 
aggregate amount of pollock and GOA Pacific cod.
    (3) Stationary floating processors that hold an inshore processing 
endorsement on their Federal processor permit, and that process pollock 
and/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 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 centerline longitudinal 
distance, rounded to the nearest foot, measured between:
    (1) The outside foremost part of the vessel visible above the 
waterline, including bulwarks, but excluding bowsprits and similar 
fittings or attachments, and
    (2) The outside aftermost part of the vessel visible above the 
waterline, including bulwarks, but excluding rudders, outboard motor 
brackets, and similar fittings or attachments (see Figure 6 to this 
part).
    License holder means the person who is named on a currently valid 
groundfish license, crab species license, or scallop 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.
    Limited Access System Administrative Fund (LASAF) means the 
administrative account used for depositing cost recovery fee payments 
into the U.S. Treasury as described in the Magnuson-Stevens Act under 
section 304(d)(2)(C)(i) and established under section 305(h)(5)(B).
    Listed AFA catcher/processor means an AFA catcher/processor 
permitted to

[[Page 603]]

harvest BSAI pollock under Sec. 679.4(l)(2)(i).
    Logbook means Daily Cumulative Production Logbook (DCPL) or Daily 
Fishing Logbook (DFL) required by Sec. 679.5.
    Management area means any district, regulatory area, subpart, part, 
or the entire GOA or BSAI.
    Manager, with respect to any shoreside processor, stationary 
floating 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) With respect to the scallop license limitation program, the MLOA 
is equal to the length overall on February 8, 1999, of the longest 
vessel that was:
    (i) Authorized by a Federal or State of Alaska Scallop Moratorium 
Permit to harvest scallops;
    (ii) Used by the eligible applicant to make legal landings of 
scallops during the scallop LLP qualification period, as specified at 
Sec.  679.4(g)(2)(iii) of this part.
    (2) With respect to the groundfish and crab species 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 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.
    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) and Figure 12 to this part.)
    Net-sounder device means a sensor used to determine the depth from 
the water surface at which a fishing net is operating.
    Net weight (IFQ or CDQ halibut only). Net weight of IFQ or CDQ 
halibut means the weight of a halibut that is gutted, head off, and 
washed or ice and slime deducted.
    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.
    NMFS Person Identification Number means a unique number assigned by 
NMFS to any person who applied for, or who has been issued, a 
certificate, license, or permit under any fishery management program 
administered by the Alaska Region for purposes of the NMFS/Alaska Region 
Integrated Regional Data System.
    Non-chinook salmon means coho, pink, chum or sockeye salmon.

[[Page 604]]

    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
    (1) Individual who is awarded NMFS observer certification to carry 
out observer responsibilities under this part, and who is employed by an 
observer provider for the purposes of providing observer services to 
vessels, shoreside processors or stationary floating processors under 
this part; or
    (2) NMFS staff or other individual authorized by NMFS deployed, at 
the direction of the Regional Administrator, aboard vessels or at 
shoreside processors or stationary floating processors for purposes of 
providing observer services as required for vessels, shoreside 
processors or stationary floating processors under Sec. 679.50(c) or 
(d), or for other purposes of conservation and management of marine 
resources as specified by the Regional Administrator.
    Observer Program Office means the administrative office of the 
Groundfish Observer Program located at Alaska Fisheries Science Center 
(see ADDRESSES, part 600).
    Observer Provider means any person or commercial enterprise that is 
granted a permit by NMFS to provide observer services to vessels, 
shoreside processors, or stationary floating processors for observer 
coverage credit as required in subpart E of this part.
    Official AFA record means the information prepared by the Regional 
Administrator about vessels and processors that were used to participate 
in the BSAI pollock fisheries during the qualifying periods specified in 
Sec. 679.4(l). Information in the official AFA record includes vessel 
ownership information, documented harvests made from vessels during AFA 
qualifying periods, vessel characteristics, and documented amounts of 
pollock processed by pollock processors during AFA qualifying periods. 
The official AFA record is presumed to be correct for the purpose of 
determining eligibility for AFA permits. An applicant for an AFA permit 
will have the burden of proving correct any information submitted in an 
application that is inconsistent with the official record.
    Official License Limitation Program (LLP) record means the 
information prepared by the Regional Administrator about vessels that 
were used to participate in the groundfish or crab fisheries during 
qualified periods for the groundfish and crab LLP specified at 
Sec. 679.4(k) and in the scallop fisheries during the qualifying periods 
for the scallop LLP specified at Sec. 679.4(g). 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 the validity of 
information submitted in an application that is inconsistent with the 
official LLP record.
    Offshore component in the GOA means all vessels not included in the 
definition of ``inshore component in the GOA'' that process groundfish 
harvested in the 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 production and recreational 
opportunities, as specified in the Salmon FMP.
    (2) With respect to the groundfish fisheries, see Sec. 679.20(a)(1).
    Other flatfish (see Table 11 to this part pursuant to 
Sec. 679.20(c).)
    Other gear means gear other than authorized fishing gear.
    Other red rockfish (see Table 10 to this part pursuant to 
Sec. 679.20(c); see also ``rockfish'' at Sec. 679.2.)
    Other rockfish (see Table 10 to this part 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 
Tables 10 and 11 to this part pursuant to Sec. 679.20(c)).
    Person means any individual (whether or not a citizen or national of 
the United States), any corporation, partnership, association, or other 
entity

[[Page 605]]

(whether or not organized, or existing under the laws of any state), and 
any Federal, state, local, or foreign government or any entity of any 
such aforementioned governments.
    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 (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.
    Product transfer report (PTR) (see Sec. 679.5(g)).
    Program Administrator, RAM means the Program Administrator of 
Restricted Access Management Program, Alaska Region, NMFS.
    Prohibited species means any of the species of Pacific salmon 
(Oncorhynchus spp.), steelhead trout (Oncorhynchus mykiss), Pacific 
halibut (Hippoglossus stenolepis), Pacific herring (Clupea harengus 
pallasi), king crab, and Tanner crab, caught by a vessel regulated under 
this part while fishing for groundfish in the BSAI or GOA, unless 
retention is authorized by other applicable laws, including the annual 
management measures published in the Federal Register pursuant to 
Sec. 300.62 of this title.
    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 to 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 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 groundfish and crab species 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.
    (3) With respect to the scallop LLP, a person who was eligible on 
February 8,

[[Page 606]]

1999, to document a fishing vessel under Chapter 121, Title 46, U.S.C.
    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 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) and Figure 11 to this part).
    Red King Crab Savings Subarea (RKCSS) of the BSAI (see 
Sec. 679.21(e)(3)(ii)(B) and Figure 11 to this part).
    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.
    Registered buyer means the person identified on a Registered Buyer 
permit (see Sec. 679.4(d)(3)).
    Regulatory area means any of three areas of the EEZ in the GOA (see 
Figure 3 to 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.
    Representative (see Sec. 679.5(b)).
    Reprocessed or rehandled product (see Table 1 to this part).
    Resident fisherman means (for purposes of the CDQ Program) 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.
    Restricted AFA inshore processor means an AFA inshore processor 
permitted to harvest pollock under Sec. 679.4(l)(5)(i)(B).
    Retain on board (see Secs. 600.10 and 679.27 of this chapter.)
    Rockfish means:
    (1) For the GOA: Any species of the genera Sebastes or Sebastelobus 
except Sebastes melanops, (black rockfish), and Sebastes mystinus, (blue 
rockfish).
    (2) For the BSAI: 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 to 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. (See also IFQ 
sablefish; fixed gear sablefish at Sec. 679.21(b)(5); and sablefish as a 
prohibited species at Sec. 679.24(c)(2)(ii)).
    Salmon means the following species:
    (1) Chinook (or king) salmon (Oncorhynchus tshawytscha);
    (2) Coho (or silver) salmon (O. kisutch);
    (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 license means a license issued by NMFS that authorizes the 
license holder to catch and retain scallops pursuant to the conditions 
specified on the license.
    Scallop Registration Area H (Cook Inlet) means all Federal waters of 
the GOA west of the longitude of Cape Fairfield (148[deg]50[min] W. 
long.) and north of the latitude of Cape Douglas (58[deg]52[min] N. 
lat.).

[[Page 607]]

    Seabird avoidance gear (see Secs. 679.24(e), 679.42(b)(2), and Table 
19 to this part).
    Set means a string of longline gear, a string of pots, or a group of 
pots with individual pots deployed and retrieved in the water in a 
similar location with similar soak time. In the case of pot gear, when 
the pots in a string are hauled more than once in the same position, a 
new set is created each time the string is retrieved and re-deployed. A 
set includes a test set, unsuccessful harvest, or when gear is not 
working and is pulled in, even if no fish are harvested.
    Shallow water flatfish (see Table 10 to this part 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.
    Shoreside processor electronic logbook report (SPELR) (see 
Sec. 679.5(d)).
    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 
GOA Regulatory Area contained in Statistical Area 650 (see Figure 3 to 
this part).
    Sitka Pinnacles Marine Reserve means an area totaling 2.5 square nm 
in the GOA, off Cape Edgecumbe, in Statistical Area 650. See Figure 18 
to this part.
    State means the State of Alaska.
    Stationary floating processor means a vessel of the United States 
operating as a processor in Alaska State waters that remains anchored or 
otherwise remains stationary in a single geographic location while 
receiving or processing groundfish harvested in the GOA or BSAI.
    Statistical area means the part of any reporting area defined in 
Figures 1 and 3 to this part, contained in the EEZ.
    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.
    Tagged halibut or sablefish (see Sec. 679.40(g)).
    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, stationary 
floating processor, or mothership (see also ``buying station'').
    Transfer means:
    (1) Groundfish fisheries of the GOA and BSAI. Any loading, 
offloading, shipment or receipt of any IFQ sablefish or other groundfish 
product by a mothership, catcher/processor, shoreside processor, or 
stationary floating 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, stationary 
floating processor, or at any offsite meal reduction plant.

[[Page 608]]

    (2) IFQ halibut and CDQ halibut fisheries. Any loading, offloading, 
or shipment of any IFQ halibut or CDQ halibut product including 
quantities transferred inside or outside the EEZ, within any state's 
territorial waters, within the internal waters of any state, at any 
shoreside processor, stationary floating processor, or at any offsite 
meal reduction plant.
    Trawl test areas (see Figure 7 to this part and Sec. 679.24(d)).
    Unlisted AFA catcher/processor means an AFA catcher/processor 
permitted to harvest BSAI pollock under Sec. 679.4(l)(2)(ii).
    Unrestricted AFA inshore processor means an AFA inshore processor 
permitted to harvest pollock under Sec. 679.4(l)(5)(i)(A).
    Unsorted codend is a codend of groundfish that is not brought on 
board a catcher vessel and that is delivered to a mothership, shoreside 
processor, or stationary floating 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) General usage. Any individual who is a citizen of the United 
States.
    (2) IFQ program. (i) Any individual who is a citizen of the United 
States at the time of application for QS; or
    (ii) 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 to this part.
    Vessel Activity Report (VAR) (see Sec. 679.5(k)).
    Vessel length category means the length category of a vessel, based 
on the assigned MLOA, used to determine eligibility.
    Vessel operations category (see Sec. 679.5(b)(3)).
    Walrus Protection Areas (see Sec. 679.22(a)(4)).
    Weekly production report (WPR) (see Sec. 679.5(i)).
    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 Eastern GOA 
Regulatory Area contained in Statistical Area 640 (see Figure 3 to this 
part).
    Western Aleutian District means that part of the Aleutian Islands 
Subarea contained in Statistical Area 543 (see Figure 1 to this part).
    Western GOA Regulatory Area means that portion of the GOA EEZ that 
is contained in Statistical Area 610 (see Figure 3 to this part).
    Wing tip means the point where adjacent breast lines intersect or 
where a breast line intersects with the fishing line.

[61 FR 31230, June 19, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 679.2, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.

    Effective Date Note: At 67 FR 79721, Dec. 30, 2002, Sec. 679.2 was 
amended by removing the definitions of ``Inshore component in the BSAI 
(applicable through December 31, 2004),'' ``Inshore component in the GOA 
(applicable through December 31, 2002),'' ``Offshore component in the 
BSAI (applicable through December 31, 2004),'' and ``Offshore component 
in the GOA (applicable through December 31, 2002),''; adding ``ADF&G 
processor code,'' ``AFA catcher/processor,'' ``AFA catcher vessel,'' 
``AFA crab processing facility,'' ``AFA entity,'' ``AFA inshore 
processor,'' ``AFA mothership,'' ``Affiliation,'' ``Appointed agent for 
service of process,'' ``Designated cooperative representative,'' 
``Designated primary processor,'' ``Fishery cooperative or 
cooperative,'' ``Inshore component in the GOA,'' ``Listed AFA catcher/
processor,'' ``Official AFA record,'' ``Offshore component in the GOA,'' 
``Restricted AFA inshore processor,'' ``Stationary floating processor,'' 
``Unlisted AFA catcher/processor,'' and ``Unrestricted AFA inshore 
processor'' and under the definition of ``Directed fishing,'' paragraph 
(4) is added, effective Jan. 29, 2003, through Dec. 31, 2007.

[[Page 609]]



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 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) Requirements. Only persons who are U.S. citizens are authorized 
to receive or hold permits under this section, with the exception that 
an IFQ card issued to an individual person designated by a QS or IFQ 
permit holder as a master employed to fish his/her IFQ need not be held 
by a U.S. citizen.
    (1) What permits are available? Various types of permits are issued 
for programs codified at 50 CFR part 679. These permits are listed in 
the following table. The date of effectiveness for each permit is given 
along with certain reference paragraphs for further information.

[[Page 610]]



----------------------------------------------------------------------------------------------------------------
  If program permit or card type                                                                   For more
               is:                  Permit is in effect from issue date through the end of:  information, see ..
----------------------------------------------------------------------------------------------------------------
(i) IFQ:
    (A) Registered Buyer.........                                  Until next renewal cycle  Paragraph
                                                                                              (d)(3)(ii) of this
                                                                                              section.
    (B) Halibut & sablefish                                          Specified fishing year  Paragraph
     permits.                                                                                 (d)(3)(i)(B) of
                                                                                              this section.
    (C) Halibut & sablefish cards                                    Specified fishing year  Paragraph
                                                                                              (d)(3)(i)(C) of
                                                                                              this section.
(ii) CDQ Halibut
    (A) Halibut permit...........                                    Specified fishing year  Paragraph (e) of
                                                                                              this section.
    (B) Halibut card.............                                    Specified fishing year  Paragraph (e) of
                                                                                              this section.
(iii) AFA                          ........................................................  ...................
(A) Catcher/processor                                                            Indefinite  Paragraph (l) of
                                                                                              this section
(B) Catcher vessel                                                               Indefinite  Paragraph (l) of
                                                                                              this section
(C)Mothership                                                                    Indefinite  Paragraph (l) of
                                                                                              this section
(D) Inshore processor                                                            Indefinite  Paragraph (l) of
                                                                                              this section
(E) Inshore cooperative                                                       Calendar year  Paragraph (l) of
                                                                                              this section
(F) Replacement vessel                                                           Indefinite  Paragraph (l) of
                                                                                              this section
(iv) Groundfish                    ........................................................  ...................
(A) Federal fisheries                                              Until next renewal cycle  Paragraph (b) of
                                                                                              this section
(B) Federal processor                                              Until next renewal cycle  Paragraph (f) of
                                                                                              this section
(v) High seas salmon permit                                                      Indefinite  Paragraph (h) of
                                                                                              this section
(vi) High Seas Fishing Compliance                                                   5 years  Sec.  300.10 of
 Act (HSFCA)                                                                                  this title
(vii) License Limitation Program   ........................................................  ...................
 (LLP)
(A) Groundfish license              Specified fishing year or interim (active until further  Paragraph (k) of
                                                                                    notice)   this section
(B) Crab license                    Specified fishing year or interim (active until further  Paragraph (k) of
                                                                                    notice)   this section
(viii) Exempted fisheries                                                    1 year or less  Sec.  679.6
(ix) Research                                                                1 year or less  Sec.  600.745(a) of
                                                                                              this chapter
(x) Prohibited species donation    ........................................................  ...................
 program
(A) Salmon                                                                          3 years  Sec.  679.26
(B) Halibut                                                                         3 years  Sec.  679.26
----------------------------------------------------------------------------------------------------------------

    (2) Permit and logbook required by participant and fishery. For the 
various types of permits issued, refer to Sec. 679.5 for recordkeeping 
and reporting requirements.
    (3) Permit 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 Program Administrator, RAM.
    (ii) Upon receipt of an incomplete or improperly completed permit 
application, the Program Administrator, RAM, 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.
    (v) All permits are issued free of charge.
    (4) Amended applications. An owner, operator, or manager who applied 
for and received a permit under this section must notify the Program 
Administrator, RAM, in writing, of any change in the information within 
10 days of the date of that change.
    (5) 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.
    (6) Disclosure. NMFS will maintain a list of permitted processors 
that may be disclosed for public inspection.
    (7) Sanctions and denials. Procedures governing sanctions and 
denials are found at subpart D of 15 CFR part 904. Such procedures are 
required for enforcement purposes, not administrative purposes.
    (8) 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

[[Page 611]]

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 is required to 
retain any bycatch of groundfish under this part must obtain a Federal 
fisheries permit under this part.
    (3) Vessel operations categories.
    (i) A Federal fisheries permit authorizes a vessel to conduct 
operations in the GOA or BSAI as a catcher vessel, catcher/processor, 
mothership, tender vessel, or support vessel.
    (ii) A Federal fisheries permit is issued to a vessel to function as 
a support vessel or as any combination of the other four categories 
(catcher vessel, catcher/processor, mothership, tender vessel).
    (iii) A vessel permitted as a catcher/processor, catcher vessel, 
mothership, or tender vessel also may conduct all operations authorized 
for a support vessel.
    (iv) A vessel permitted as a support vessel may not conduct 
activities as a catcher vessel, catcher/processor, mothership, and/or 
tender 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 Program Administrator, RAM 
Program, Juneau, AK.
    (5) How do I obtain a Federal fisheries permit? To obtain a Federal 
fisheries permit, the owner must complete a Federal fisheries permit 
application and provide the following information for each vessel to be 
permitted:
    (i) New or amended application? Indicate whether application is for 
a new or amended Federal fisheries permit and if revision, enter the 
current Federal fisheries permit number.
    (ii) Owner information. Indicate the name(s), permanent business 
mailing address, business telephone number, business FAX number, and 
business e-mail address of the owner; and the name of any person or 
company (other than the owner) that manages the operations of the 
vessel.
    (iii) Vessel information. Indicate the vessel name and homeport 
(city and state); U.S. Coast Guard (USCG) documentation number; ADF&G 
vessel registration number; ADF&G processor code; vessel's LOA (ft), 
registered length (ft), gross tonnage, net tonnage, and shaft 
horsepower; whether this is a vessel of the United States; and whether 
this vessel will be used as a stationary floating processor.
    (iv) Area and gear information. Indicate requested/elected area(s) 
of operation. If a catcher/ processor and/or a catcher vessel, the gear 
types used for groundfish fishing. If a mothership or catcher/processor 
operating in the GOA, choose inshore or offshore component.
    (v) Signature. The owner or agent of the owner of the vessel must 
sign and date the application. If the owner is a company, the agent of 
the owner must sign and date the application.
    (vi) Atka Mackerel, Pollock, and Pacific Cod Directed Fisheries. (A) 
Indicate use of pot, hook-and-line, or trawl gear in the directed 
fisheries for pollock, Atka mackerel, or Pacific cod.
    (B) Indicate directed fishing for Atka mackerel in the harvest limit 
area, as defined in Sec. 679.2.
    (vii) (Applicable through December 31, 2002) If the vessel owner 
will be fishing in the harvest limit area in Statistical Areas 542 or 
543 in the directed fishery for Atka mackerel.
    (6) Issuance. (i) Except as provided in subpart D of 15 CFR part 
904, upon receipt of a properly completed permit

[[Page 612]]

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) [Reserved]
    (d) IFQ permits, IFQ cards, and Registered Buyer permits. The 
permits and cards described in this section are required 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.
    (1) IFQ permit. (i) 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 
the permit is revoked, suspended, or modified under 15 CFR part 904.
    (ii) A legible copy of any IFQ permit that specifies the IFQ 
regulatory area and vessel length overall from which IFQ halibut or IFQ 
sablefish may be harvested by the IFQ permit holder 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.
    (2) IFQ card. (i) 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.
    (ii) An original IFQ card issued by the Regional Administrator must 
be on board the vessel that harvests IFQ halibut or IFQ sablefish at all 
times that such fish are retained on board. 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 the IFQ fishing trip and at the landing site during all IFQ 
landings.
    (iii) Each IFQ card issued by the Regional Administrator will 
display an IFQ permit number and the name of the individual authorized 
by the IFQ permit holder to land IFQ halibut or IFQ sablefish for debit 
against the permit holder's IFQ. In addition, IFQ cards issued to hired 
masters representing permit holders in accordance with Sec. 679.42(i) 
and (j) will also display the ADF&G vessel identification number of the 
authorized vessel.
    (3) Registered Buyer permit. (i) A Registered Buyer permit 
authorizes the person identified on the permit to receive and make an 
IFQ landing by an IFQ permit or cardholder or to receive and make a CDQ 
halibut landing by a CDQ permit or cardholder 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.
    (ii) A Registered Buyer permit is required of:
    (A) Any person who receives IFQ halibut, CDQ halibut or IFQ 
sablefish from the person(s) who harvested the fish;
    (B) Any person who harvests IFQ halibut, CDQ halibut or IFQ 
sablefish and transfers such fish in a dockside sale, outside of an IFQ 
regulatory area, or outside the State of Alaska.
    (C) A vessel operator who submits a Departure Report (see 
Sec. 679.5(l)(4)).

[[Page 613]]

    (iii) A Registered Buyer permit is issued on a 3-year cycle by the 
Regional Administrator to persons that have a Registered Buyer 
application approved by the Regional Administrator.
    (iv) A Registered Buyer permit is in effect from the first day of 
the year for which it is issued or from the date of issuance, whichever 
is later, 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.
    (4) Issuance. The Regional Administrator will renew IFQ permits and 
cards annually or at other times as needed to accommodate transfers, 
revocations, appeals resolution, and other changes in QS or IFQ 
holdings, and designation of masters under Sec. 679.42.
    (5) Transfer. The quota shares and IFQ 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 and card. The IFQ cardholder must 
present a copy of the IFQ permit and the original IFQ card for 
inspection on request of any authorized officer or Registered Buyer 
receiving IFQ species.
    (ii) Registered Buyer permit. A legible copy of the Registered Buyer 
permit must be present at the location of an IFQ landing or CDQ halibut 
landing and must be made available by an individual representing the 
Registered Buyer for inspection on request of any authorized officer.
    (7) Validity. An IFQ permit issued under this part is valid only if 
the IFQ permit holder has paid all IFQ fees that are due as a result of 
final agency action as specified in Secs. 679.45 and 679.5(l)(7)(ii).
    (e) CDQ Halibut permits and CDQ cards--(1) Requirements. (i) The CDQ 
group, the operator of the vessel, the manager of a shoreside processor 
or stationary floating processor, and the Registered Buyer must comply 
with the requirements of this paragraph (e) and of paragraph 
Sec. 679.32(f) for the catch of CDQ halibut.
    (ii) The CDQ group, vessel owner or operator, and Registered Buyer 
are subject to all of the IFQ prohibitions at Sec. 679.7(f).
    (2) 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.
    (3) Halibut CDQ card. An individual must have onboard the vessel a 
valid halibut CDQ card issued by the Regional Administrator before 
landing any CDQ halibut. 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.
    (4) 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.
    (5) Landings. A person may land CDQ halibut only if he or she has a 
valid halibut CDQ card. The person(s) holding the halibut CDQ card and 
the Registered Buyer must comply with the requirements of Sec. 679.5(g) 
and (l)(1) through (6).
    (f) Federal processor permit--(1) Requirement. No shoreside 
processor of the United States or stationary floating processor 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) How do I obtain a Federal processor permit? To obtain a Federal 
processor permit, the owner must complete a Federal processor permit 
application and provide the following information for each shoreside 
processor facility or plant and stationary floating processor to be 
permitted:
    (i) Permit application information. Indicate whether application is 
for a new or amended Federal processor permit

[[Page 614]]

and if a revision, the current Federal processor permit number.
    (ii) Owner information. Indicate the name(s), permanent business 
mailing address, business telephone number, business FAX number, and 
business e-mail address of the owner; and the name of any person or 
company (other than the owner) who manages the operations of the 
shoreside processor or stationary floating processor.
    (iii) Stationary floating processor information. Indicate the vessel 
name and homeport (city and state); USCG documentation number; ADF&G 
vessel registration number; ADF&G processor code; the vessel's LOA (ft), 
registered length (ft), gross tonnage, net tonnage and shaft horsepower; 
whether this is a vessel of the United States; and whether this vessel 
will be used as a stationary floating processor.
    (iv) Shoreside processor information. Indicate the shoreside 
processor's name; name and physical location of facility or plant at 
which the shoreside processor is operating (street, city, state, zip 
code); whether the shoreside processor is replacing a previous processor 
at this facility; and if yes, name of previous processor; whether there 
are multiple processors at this facility; whether the owner named in 
paragraph (f)(2)(ii) of this section owns this facility; shoreside 
processor ADF&G processor code, business telephone number, business FAX 
number, and business e-mail address.
    (v) Signature. The owner or agent of the owner of the shoreside 
processor or stationary floating processor must sign and date the 
application. If the owner is a company, the agent of the owner 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 Program Administrator, RAM 
Program, Juneau, AK.
    (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, or 
stationary floating 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 LLP--(1) General requirements. In addition to the permit 
and licensing requirements prescribed in this part, each vessel within 
the EEZ off Alaska that is catching and retaining scallops, must have an 
original scallop LLP license on board at all times it is catching and 
retaining scallops. This scallop LLP license, issued by NMFS, authorizes 
the person named on the license to catch and retain scallops in 
compliance with regulations of the State of Alaska and only with a 
vessel that does not exceed the MLOA specified on the license and the 
gear designation specified on the license.
    (2) Qualifications for a scallop LLP license. A scallop LLP license 
will be issued to an eligible applicant who:
    (i) Is a qualified person;
    (ii) Was named on a State of Alaska scallop moratorium permit or 
Federal scallop moratorium permit on February 8, 1999;
    (iii) Used the moratorium permit held on February 8, 1999, to make 
legal landings of scallops in each of any 2 calendar years during the 
qualification period beginning January 1, 1996, through October 9, 1998; 
and
    (iv) Submitted a complete application for a scallop license during 
the application period specified pursuant to paragraph (g)(4) of this 
section.
    (3) Scallop license conditions and endorsements. A scallop license 
authorizes

[[Page 615]]

the license holder to catch and retain scallops only if the vessel 
length and gear used do not exceed the vessel length and gear 
endorsements specified on the license. These endorsements will be 
determined as follows.
    (i) The MLOA specified on the scallop license is equal to the length 
overall on February 8, 1999, of the longest vessel that was authorized 
by a Federal or State of Alaska Scallop Moratorium Permit to harvest 
scallops and used by the eligible applicant to make legal landings of 
scallops during the scallop LLP qualification period, as specified at 
Sec. 679.4(g)(2)(iii) of this part.
    (ii) The gear specified on a scallop license will be restricted to a 
single 6-ft (1.8-m) dredge in all areas if the eligible applicant was a 
moratorium permit holder with a Scallop Registration Area H (Cook Inlet) 
endorsement and did not make a legal landing of scallops caught outside 
of Area H during the qualification period specified in paragraph 
(g)(2)(iii) of this section.
    (4) Application for a scallop license--(i) General. The Regional 
Administrator will issue a scallop 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 this part. An application that is postmarked 
or hand delivered after the ending date for the application period for 
the scallop LLP specified in paragraph Sec. 679.4(g)(4)(ii) will be 
denied. An application form will be sent to the last known address of 
the person identified as an eligible applicant by the official LLP 
record. An application form may be requested from the Regional 
Administrator.
    (ii) Application Period. January 16, 2001, through February 12, 
2001.
    (iii) Contents of application. To be complete, an application for a 
scallop license must be signed and dated by the applicant, or the 
individual representing the applicant, and contain the following 
information, as applicable:
    (A) Scallop Moratorium Permit number under which legal landings of 
scallops were made during the qualification period specified in 
paragraph (g)(2)(iii) of this section;
    (B) Name, business address, telephone number, FAX number, and social 
security number or tax ID number of the applicant, and whether the 
applicant is a U.S. citizen or a U.S. business;
    (C) Name of the managing company, if any;
    (D) Evidence of legal landings in the qualifying years and 
registration areas;
    (E) For the vessel(s) being used as the basis for eligibility for a 
license, the name, state registration number (e.g., ADF&G number), the 
USCG documentation number, and valid evidence of the LOA on February 8, 
1999, of the longest vessel used by the applicant during the 
qualification period specified in paragraph (g)(2)(iii) of this section.
    (iv) 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:
    (A) Valid evidence of the death of that eligible applicant at the 
time of application, if the eligible applicant was an individual; or
    (B) Valid evidence that the eligible applicant is no longer in 
existence at the time of application, if the eligible applicant is not 
an individual.
    (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. An applicant who submits inconsistent 
claims, or an applicant who fails to submit the information specified in 
paragraphs (g)(4)(iii) and (g)(4)(iv) of this section, will be provided 
a 60-day evidentiary period pursuant to paragraph (g)(4)(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

[[Page 616]]

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 (g)(4)(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 are 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 (g)(4)(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 (g)(4)(iii) and 
(g)(4)(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 
Administrator will prepare 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 in the applicant's 
favor.
    (ix) Issuance of a non-transferable license. The Regional 
Administrator will issue a non-transferable license to the applicant at 
the same time notification is provided to the applicant of his or her 
60-day evidentiary period if issuance is required by the license renewal 
provisions of 5 U.S.C. 558. A non-transferable license authorizes a 
person to catch and retain scallops 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.
    (5) Transfer of a Scallop License--(i) General. The Regional 
Administrator will approve the transfer of a scallop license if a 
complete transfer application is submitted to Restricted Access 
Management, Alaska Region, NMFS, and if the transfer meets all the 
eligibility criteria as specified in paragraph (g)(5)(ii) of this 
section. An application form may be requested from the Regional 
Administrator.

[[Page 617]]

    (ii) Eligibility criteria for transfers. A scallop 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 limit in Sec. 679.7(i); and
    (D) The transfer does not violate any other provision specified in 
this part.
    (iii) Contents of transfer application. To be complete, an 
application for a scallop license transfer must be signed by the licence 
holder and the designated transferee, or the individuals representing 
them, and contain the following information, as applicable:
    (A) Name, business address, telephone number, and FAX number of the 
license holder and of the designated transferee;
    (B) License number and total price being paid for the license;
    (C) Certification that the designated transferee is a U.S. citizen, 
or a U.S. corporation, partnership, or other association;
    (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
    (E) 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 meet all the criteria identified in paragraph 
(g)(5) of this section.
    (v) Transfer by court order, operation of law, or as part of a 
security agreement. The Regional Administrator will transfer a scallop 
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.
    (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
    (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 troll 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.

[[Page 618]]

    (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 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

[[Page 619]]

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 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.

[[Page 620]]

    (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 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) Exempted fisheries permits. (See Sec. 679.6.)
    (j) Prohibited species 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 of this part, and except as provided in paragraph (k)(2) of 
this section, each vessel within the GOA or the BSAI must have an LLP 
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 
accordance with the specific area and species endorsements, the vessel 
and gear designations, and the 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

[[Page 621]]

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 during the period after November 18, 
1992, through October 9, 1998, was specifically constructed for and used 
exclusively in accordance with a CDP approved by NMFS, and is designed 
and equipped to meet specific needs that are described in the CDP, is 
exempted from the requirement to have a LLP groundfish license to 
conduct directed fishing for license limitation groundfish in the GOA 
and in the BSAI area and a crab species license to fish for crab species 
in the Bering Sea and Aleutian Islands Area.
    (3) Vessel and gear designations and vessel length categories-(i) 
General. A license may be used only on a vessel named on the license, a 
vessel that complies with the vessel designation and gear designation 
specified on the license, and a vessel 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
    (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.

[[Page 622]]

    (D) Limited processing by catcher vessels. Up to 1 mt of round 
weight equivalent of license limitation groundfish or crab species may 
be processed per day on a vessel less than or equal to 60 ft (18.3 m) 
LOA that is authorized to fish with an LLP license with a catcher vessel 
designation.
    (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.
    (iv) Gear designations for groundfish licenses-(A) General. A vessel 
may only use gear consistent with the gear designation on the LLP 
license authorizing the use of that vessel to fish for license 
limitation groundfish or crab species.
    (B) Trawl/non-trawl. A license will be assigned a trawl/non-trawl 
gear designation if trawl and non-trawl gear were used to harvest LLP 
species from the qualifying vessel during the period beginning January 
1, 1988, through June 17, 1995.
    (C) Trawl. A license will be assigned a trawl gear designation if 
only trawl gear was used to harvest LLP species from the qualifying 
vessel during the period beginning January 1, 1988, through June 17, 
1995.
    (D) Non-trawl. A license will be assigned a non-trawl gear 
designation if only non-trawl gear was used to harvest LLP species from 
the qualifying vessel during the period beginning January 1, 1988, 
through June 17, 1995.
    (E) Changing a gear designation. (1) An applicant may request a 
change of gear designation based on gear used from the vessel during the 
period beginning June 18, 1995, through February 7, 1998. Such a change 
would be permanent and may only be used for a change from trawl to non-
trawl or from non-trawl to trawl.
    (2) An applicant may request a change of gear designation based on a 
significant financial investment in converting a vessel or purchasing 
fishing gear on or before February 7, 1998, and making a documented 
harvest with that gear on or before December 31, 1998. Such a change 
would be permanent and may only be used for a change from trawl to non-
trawl or from non-trawl to trawl.
    (F) Definitions of non-trawl gear and significant financial 
investment. (1) For purposes of paragraph (k)(3)(iv) of this section, 
non-trawl gear means any legal gear, other than trawl, used to harvest 
license limitation groundfish.
    (2) For purposes of paragraph (k)(3)(iv)(E)(2) of this section, 
``significant financial investment'' means having spent at least 
$100,000 toward vessel conversion and/or gear to change to trawl gear 
from non-trawl gear, or having acquired groundline, hooks, pots, jig 
machines, or hauling equipment to change to non-trawl gear from trawl 
gear.
    (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). This table provides the GQP 
documented harvest requirements for LLP groundfish licenses:

[[Page 623]]



----------------------------------------------------------------------------------------------------------------
                                          IF THE REQUIREMENTS FOUND IN THE TABLE AT
                                          Sec.  679.4(k)(4)(ii) ARE MET FOR THE AREA
     A GROUNDFISH LICENSE WILL BE          ENDORSEMENT AND AT LEAST ONE DOCUMENTED        DURING THE PERIOD...
              ASSIGNED...                HARVEST OF LICENSE LIMITATION GROUNDFISH WAS
                                                  CAUGHT AND RETAINED IN...
----------------------------------------------------------------------------------------------------------------
(A) One or more area endorsements in         the BSAI or waters shoreward of the BSAI  (1) Beginning January 1,
 the table at Sec.  679.4(k)(4)(ii)(A)                                                  1988, through June 27,
 or (B)                                                                                 1992; or
                                                                                       (2) Beginning 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) Beginning January 1,
                                                                                        1988, through June 17,
                                                                                        1995, provided that,
                                                                                        during the period
                                                                                        beginning January 1,
                                                                                        1988, through February
                                                                                        9, 1992, a documented
                                                                                        harvest of crab species
                                                                                        was made from the
                                                                                        vessel, and, during the
                                                                                        period beginning
                                                                                        February 10, 1992,
                                                                                        through December 11,
                                                                                        1994, a documented
                                                                                        harvest of groundfish
                                                                                        species, except
                                                                                        sablefish landed using
                                                                                        fixed gear, was made
                                                                                        from the vessel in the
                                                                                        GOA or the BSAI using
                                                                                        trawl or longline gear.
(B) One or more area endorsements in        the GOA or in waters shoreward of the GOA  (1) Beginning January 1,
 the table at Sec.  679.4(k)(4)(ii)(C)                                                  1988, through June 27,
 through (O)                                                                            1992; or
                                                                                       (2) Beginning 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) Beginning January 1,
                                                                                        1988, through June 17,
                                                                                        1995, provided that,
                                                                                        during the period
                                                                                        beginning January 1,
                                                                                        1988, through February
                                                                                        9, 1992, a documented
                                                                                        harvest of crab species
                                                                                        was made from the
                                                                                        vessel, and, during the
                                                                                        period beginning
                                                                                        February 10, 1992,
                                                                                        through December 11,
                                                                                        1994, a documented
                                                                                        harvest landing of
                                                                                        groundfish species,
                                                                                        except sablefish landed
                                                                                        using fixed gear, was
                                                                                        made from the vessel in
                                                                                        the GOA or the BSAI
                                                                                        using trawl or longline
                                                                                        gear.
----------------------------------------------------------------------------------------------------------------

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

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                               FROM A VESSEL IN
    A GROUNDFISH LICENSE WILL BE               IF...           DURING THE PERIOD...            IN...             VESSEL LENGTH      AND THAT MEETS THE
             ASSIGNED...                                                                                          CATEGORY...      REQUIREMENTS FOR A...
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A) An Aleutian Island area           at least one            beginning January 1,    the Aleutian Islands     ``A'', ``B'', or   catcher/ processor
 endorsement                           documented harvest of   1992, through June      Subarea or in waters                  ``C'' designation or a
                                       any amount of license   17, 1995.               shoreward of that                           catcher vessel
                                       limitation groundfish                           area.                                       designation.
                                       was made.
(B) A Bering Sea area endorsement     at least one            beginning January 1,    the Bering Sea Subarea   ``A'', ``B'', or   catcher/ processor
                                       documented harvest of   1992, through June      or in waters                          ``C'' designation or a
                                       any amount of license   17, 1995.               shoreward of that                           catcher vessel
                                       limitation groundfish                           area.                                       designation.
                                       was made.

[[Page 624]]

 
(C) A Western Gulf area endorsement   at least one            beginning January 1,    the Western GOA                     ``A''   catcher/ processor
                                       documented harvest of   1992, through June      regulatory area or in                       designation or a
                                       any amount of license   17, 1995.               waters shoreward of                         catcher vessel
                                       limitation groundfish                           that area.                                  designation; or
                                       was made in each of
                                       any two calendar
                                       years.
(D) A Western Gulf area endorsement   at least one            beginning January 1,    the Western Area of                 ``B''   catcher vessel
                                       documented harvest of   1992, through June      the Gulf of Alaska or                       designation; or
                                       any amount of license   17, 1995.               in waters shoreward
                                       limitation groundfish                           of that area.
                                       was made.
(E) A Western Gulf area endorsement   at least one            beginning January 1,    the Western Area of                 ``B''   catcher/processor
                                       documented harvest of   1992, through June      the Gulf of Alaska or                       vessel designation;
                                       any amount of license   17, 1995.               in waters shoreward                         or
                                       limitation groundfish                           of that area.
                                       was made in each of
                                       any two calendar
                                       years.
(F) A Western Gulf area endorsement   at least four           beginning January 1,    the Western Area of                 ``B''   catcher/processor
                                       documented harvest of   1995, through June      the Gulf of Alaska or                       vessel designation;
                                       any amount of license   17, 1995.               in waters shoreward                         or
                                       limitation groundfish                           of that area.
                                       were made.
(G) A Western Gulf area endorsement   at least one            beginning January 1,    the Western Area of                    ``C''catcher/processor
                                       documented harvest of   1992, through June      the Gulf of Alaska or                       designation or a
                                       any amount of license   17, 1995.               in waters shoreward                         catcher vessel
                                       limitation groundfish                           of that area.                               designation.
                                       was made.
(H) A Central Gulf area endorsement   at least one            beginning January 1,    the Central area of                 ``A''   catcher/processor
                                       documented harvest of   1992, through June      the Gulf of Alaska or                       designation or a
                                       any amount of license   17, 1995.               in waters shoreward                         catcher vessel
                                       limitation groundfish                           of that area, or in                         designation; or
                                       was made in each of                             the West Yakutat
                                       any two calendar                                District or in waters
                                       years.                                          shoreward of that
                                                                                       district.
(I) A Central Gulf area endorsement   at least one            beginning January 1,    the Central area of                 ``B''   catcher/processor
                                       documented harvest of   1992, through June      the Gulf of Alaska or                       designation or a
                                       any amount of license   17, 1995.               in waters shoreward                         catcher vessel
                                       limitation groundfish                           of that area, or in                         designation; or
                                       was made in each of                             the West Yakutat
                                       any two calendar                                District or in waters
                                       years.                                          shoreward of that
                                                                                       district.

[[Page 625]]

 
(J) A Central Gulf area endorsement   at least four           beginning January 1,    the Central area of                 ``B''   catcher/processor
                                       documented harvest of   1995, through June      the Gulf of Alaska or                       designation or a
                                       any amount of license   17, 1995.               in waters shoreward                         catcher vessel
                                       limitation groundfish                           of that area, or in                         designation; or
                                       were made.                                      the West Yakutat
                                                                                       District or in waters
                                                                                       shoreward of that
                                                                                       district.
(K) A Central Gulf area endorsement   at least one            beginning January 1,    the Central area of                    ``C''catcher/processor
                                       documented harvest of   1992, through June      the Gulf of Alaska or                       designation or a
                                       any amount of license   17, 1995.               in waters shoreward                         catcher vessel
                                       limitation groundfish                           of that area, or in                         designation.
                                       was made.                                       the West Yakutat
                                                                                       District or in waters
                                                                                       shoreward of that
                                                                                       district.
(L) A Southeast Outside area          at least one            beginning January 1,    in the Southeast                    ``A''   catcher/processor
 endorsement                           documented harvest of   1992, through June      Outside District or                         designation or a
                                       any amount of license   17, 1995.               in waters shoreward                         catcher vessel
                                       limitation groundfish                           of that district.                           designation; or
                                       was made in each of
                                       any two calendar
                                       years.
(M) A Southeast Outside area          at least one            beginning January 1,    in the Southeast                    ``B''   catcher/processor
 endorsement                           documented harvest of   1992, through June      Outside District or                         designation or a
                                       any amount of license   17, 1995.               in waters shoreward                         catcher vessel
                                       limitation groundfish                           of that district.                           designation; or
                                       was made in each of
                                       any two calendar
                                       years.
(N) A Southeast Outside area          at least four           beginning January 1,    in the Southeast                    ``B''   catcher/processor
 endorsement                           documented harvest of   1995, through June      Outside District or                         designation or a
                                       any amount of license   17, 1995.               in waters shoreward                         catcher vessel
                                       limitation groundfish                           of that district.                           designation; or
                                       were made.
(O) A Southeast Outside area          at least one            beginning January 1,    in the Southeast                       ``C''catcher/processor
 endorsement                           documented harvest of   1992, through June      Outside District or                         designation or a
                                       any amount of license   17, 1995.               in waters shoreward                         catcher vessel
                                       limitation groundfish                           of that district.                           designation.
                                       was made.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (iii) An eligible applicant that is issued a groundfish license 
based on a vessel's qualifications in the table at paragraphs 
(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 documented harvests 
qualifies the eligible applicant for more than one area endorsement.
    (iv) Notwithstanding the provisions in paragraph (k)(4)(i) of this 
section, NMFS will issue a groundfish license with the appropriate area 
endorsements to an eligible applicant whose vessel meets the 
requirements in the table at paragraph (k)(4)(i)(A) of this

[[Page 626]]

section, and the requirements in the table at any of the paragraphs 
(k)(4)(ii)(C) through (O) of this section, except:
    (A) From whose vessel no documented harvests were made in the GOA or 
waters shoreward of the GOA during the period beginning January 1, 1988, 
through June 27, 1992, and
    (B) From whose vessel no documented harvests were made in the BSAI 
or waters shoreward of the BSAI during the period beginning January 1, 
1992, through June 17, 1995.
    (v) Notwithstanding the provisions in paragraph (k)(4)(i) of this 
section, a groundfish license with the appropriate area endorsements 
will be issued to an eligible applicant whose vessel meets the 
requirements in the tables at paragraphs (k)(4)(i) and (k)(4)(ii) and 
(A) or (B) of this section, except:
    (A) From whose vessel no documented harvests were made in the BSAI 
or waters shoreward of the BSAI during the period beginning January 1, 
1988, through June 27, 1992, and
    (B) From whose vessel no documented harvests were made in the GOA or 
waters shoreward of the GOA during the period beginning January 1, 1992, 
through June 17, 1995.
    (5) Qualification 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), (k)(5)(ii), and (k)(5)(iii) of 
this section, except that vessels are exempt from the requirements in 
paragraph (k)(5)(i) of this section for area/species endorsements at 
paragraphs (A) and (G) in the table at paragraph (k)(5)(ii) of this 
section.
    (i) General qualification period (GQP). To qualify for one or more 
of the area/species endorsements in the table at paragraph (k)(5)(ii) of 
this section, the requirements of paragraph (k)(5)(iii) of this section 
must be met and:
    (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, during the period January 1, 1988, through 
February 9, 1992, the vessel for which the documented harvest was made 
also made a legal landing of any groundfish species harvested in the GOA 
or BSAI with any authorized gear, except sablefish caught with fixed 
gear, and, during the period February 10, 1992, through December 11, 
1994, made a legal landing of any king or Tanner crab species harvested 
in the Bering Sea and Aleutian Islands Area.
    (ii) Area/species endorsements. This table provides the documented 
harvest requirements for LLP crab license area/species endorsements:

----------------------------------------------------------------------------------------------------------------
  A CRAB SPECIES LICENSE WILL BE
           ASSIGNED...                            IF...                DURING THE PERIOD...         IN...
----------------------------------------------------------------------------------------------------------------
(A) A Pribilof red king and        at least one documented harvest of  beginning January 1,  the area described
 Pribilof blue king area/species      red king crab or blue king crab   1993, through         in the definition
 endorsement                                     was made by a vessel   December 31, 1994.    for a Pribilof red
                                                                                              king and Pribilof
                                                                                              blue king area/
                                                                                              species
                                                                                              endorsement at
                                                                                              Sec.  679.2.
(B) A Bering Sea and Aleutian      at least three documented harvests  beginning January 1,  the area described
 Islands Area C. opilio and C.        of C. opilio and C. bairdi were   1992, through         in the definition
 bairdi area/species endorsement                     made by a vessel   December 31, 1994.    for a Bering Sea
                                                                                              and Aleutian
                                                                                              Islands Area C.
                                                                                              opilio and C.
                                                                                              bairdi area/
                                                                                              species
                                                                                              endorsement at
                                                                                              Sec.  679.2.
(C) A St. Matthew blue king area/  at least one documented harvest of  beginning January 1,  the area described
 species endorsement                  red king crab or blue king crab   1992, through         in the definition
                                                 was made by a vessel   December 31, 1994.    for a St. Matthew
                                                                                              blue king area/
                                                                                              species
                                                                                              endorsement at
                                                                                              Sec.  679.2.
(D) An Aleutian Islands brown      at least three documented harvests  beginning January 1,  the area described
 king area/species endorsement      of brown king crab were made by a   1992, through         in the definition
                                                               vessel   December 31, 1994.    for an Aleutian
                                                                                              Islands brown king
                                                                                              area/species
                                                                                              endorsement at
                                                                                              Sec.  679.2.
(E) An Aleutian Islands red king   at least one documented harvest of  beginning January 1,  the area described
 area/species endorsement             red king crab or blue king crab   1992, through         in the definition
                                                 was made by a vessel   December 31, 1994.    for an Aleutian
                                                                                              Islands red king
                                                                                              area/species
                                                                                              endorsement at
                                                                                              Sec.  679.2.

[[Page 627]]

 
(F) A Bristol Bay red king area/   at least one documented harvest of  beginning January 1,  the area described
 species endorsement                  red king crab or blue king crab   1991, through         in the definition
                                                 was made by a vessel   December 31, 1994.    for a Bristol Bay
                                                                                              red king area/
                                                                                              species
                                                                                              endorsement at
                                                                                              Sec.  679.2.
(G) A Norton Sound red king and    at least one documented harvest of  beginning January 1,  the area described
 blue king area/species               red king crab or blue king crab   1993, through         in the definition
 endorsement                                     was made by a vessel   December 31, 1994.    for a Norton Sound
                                                                                              red king and blue
                                                                                              king area/species
                                                                                              endorsement at
                                                                                              Sec.  679.2.
----------------------------------------------------------------------------------------------------------------

    (iii) Recent participation period (RPP). (A) The RPP is the period 
from January 1, 1996, through February 7, 1998. To qualify for a crab 
species license, defined at Sec. 679.2, a person must have made at least 
one documented harvest of any amount of LLP crab species from a vessel 
during the RPP and must have held a LLP qualifying fishing history at 
the time of that documented harvest. A LLP qualifying fishing history 
meets the documented harvest requirements at paragraphs (k)(5)(i) and 
(k)(5)(ii) of this section.
    (B) Exceptions to the RPP. A person does not need to meet the 
documented harvest requirements in paragraph (k)(5)(iii)(A) of this 
section if he or she deployed a vessel that met the documented harvest 
requirements in paragraph (k)(5)(i) of this section, if applicable, 
paragraph (k)(5)(ii) of this section, and:
    (1) Only qualifies area/species endorsement at paragraph (G) in the 
table at paragraph (k)(5)(ii).
    (2) Those documented harvests were made from a vessel that meets the 
requirements for vessel length category ``C''.
    (3) The vessel used to meet the document harvest requirements in 
paragraphs (k) (5) (i) and (k) (5) (ii) of this section was lost or 
destroyed, and he or she made a documented harvest of crab species any 
time during the period beginning after the vessel was lost or destroyed 
but before January 1, 2000.
    (iv) Exception to allow purchase of LLP qualifying fishing history 
after the documented harvest in the RPP. To qualify for a LLP crab 
species license, a person who made a documented harvest of LLP crab 
species during the period from January 1, 1998, through February 7, 
1998, must have obtained, or entered into a contract to obtain, the LLP 
qualifying fishing history by 8:36 a.m. Pacific time on October 10, 
1998,
    (v) A qualified person who owned a vessel on June 17, 1995, that met 
the requirements in paragraphs (k)(5)(i) and (ii) of this section, but 
whose vessel was unable to meet requirements of paragraph (k)(5)(iii) of 
this section because of unavoidable circumstances (i.e., the vessel was 
lost damaged, or otherwise unable to participate in the license 
limitation 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 fishing for license 
limitation 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 crab species was thwarted by a circumstance that was:
    (1) Unavoidable;
    (2) Unique to the owner of that vessel, or unique to that vessel; 
and
    (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 crab species actually occurred;
    (D) Under the circumstances, the owner of the vessel took all 
reasonable steps to overcome the circumstances that prevented the owner 
from conducting directed fishing for license limitation crab species; 
and
    (E) Any amount of license limitation crab species was harvested on 
the vessel after the vessel was prevented from participating but before 
January 1, 2000.
    (vi) A groundfish license or crab species license may be used on a 
vessel

[[Page 628]]

that is named on the license, that complies with the vessel designation, 
and that does not exceed the MLOA on the license.
    (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

[[Page 629]]

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 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 a person is claiming that 
unavoidable circumstances prevented him or her from meeting certain 
eligibility requirements for a license under paragraph (k) of this 
section, he or she must provide the information required in the 
particular paragraph of this section authorizing such a claim, and 
include valid evidence of the date the vessel was lost, damaged, or 
otherwise unable to participate in the fishery, and the date a 
documented harvest was made after the vessel was unable to participate 
in the fishery by the unavoidable circumstance.
    (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

[[Page 630]]

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 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

[[Page 631]]

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 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.
    (viii) Severability of licenses. (A) Area endorsements or area/
species endorsements specified on a license are not severable from the 
license and must be transferred together.
    (B) A groundfish license and a crab species license issued based on 
the legal landings of the same vessel and initially issued to the same 
qualified person are not severable and must be transferred together.
    (ix) Other transfer restrictions. The transfer of a LLP license that 
was issued based on the documented harvests from a vessel that did not 
have an FFP during the period beginning January 1, 1988, through October 
8, 1998, must be accompanied by the vessel from which the documented 
harvests were made or its replacement vessel, or if the LLP license and 
vessel were separated by transfer prior to February 7, 1998, then by the 
vessel that is currently being deployed by the license holder. The 
Regional Administrator will deny a transfer application that requests 
the transfer of a LLP license that was issued based on the documented 
harvests from a vessel that did not have an FFP during the period 
beginning January 1, 1988, through October 8, 1998, if the appropriate 
vessel is not being transferred as part of the same transaction. A 
license holder of an LLP license that was issued based on the documented 
harvests from a vessel that did not have an FFP during the period 
beginning January 1, 1988, through October 8, 1998, may replace the 
vessel from which the documented harvests were made with another vessel 
that meets the vessel designation and MLOA requirements specified on the 
LLP license if the original qualifying vessel is lost or destroyed.
    (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

[[Page 632]]

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 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.
    (9) Pacific cod endorsements--(i) General. In addition to other 
requirements of this part, and unless specifically exempted in paragraph 
(k)(9)(iv) of this section, a license holder must have a Pacific cod 
endorsement on his or her groundfish license to conduct directed fishing 
for Pacific cod with hook-and-line or pot gear in the BSAI. A license 
holder can only use the specific non-trawl gear(s) indicated on his or 
her license to conduct directed fishing for Pacific cod in the BSAI.
    (ii) Eligibility requirements for a Pacific cod endorsement. This 
table provides eligibility requirements for Pacific cod endorsements on 
an LLP groundfish license:

----------------------------------------------------------------------------------------------------------------
                                                      Then the license
                                   And the license       holder must                            To receive a
 If a license holder's license    holder harvested    demonstrate that                           Pacific cod
          has a . . .            Pacific cod in the       he or she           In . . .        endorsement that
                                   BSAI with . . .   harvested at least                      authorizes  harvest
                                                            . . .                                with . . .
----------------------------------------------------------------------------------------------------------------
(A) Catcher vessel designation.  Hook-and-line gear  7.5 mt of Pacific   In any one of the  Hook-and-line gear.
                                  or jig gear.        cod in the BSAI.    years 1995,
                                                                          1996, 1997,
                                                                          1998, or 1999.
(B) Catcher vessel designation.  Pot gear or jig     100,000 lb of       In each of any     Pot gear.
                                  gear.               Pacific cod in      two of the years
                                                      the BSAI.           1995, 1996,
                                                                          1997, 1998, or
                                                                          1999.
(C) Catcher/processor vessel     Hook-and-line gear  270 mt of Pacific   In any one of the  Hook-and-line gear.
 designation.                                         cod in the BSAI.    years 1996,
                                                                          1997, 1998, or
                                                                          1999.

[[Page 633]]

 
(D) Catcher/processor vessel     Pot gear..........  300,000 lb of       In each of any     Pot gear.
 designation.                                         Pacific cod in      two of the years
                                                      the BSAI.           1995, 1996,
                                                                          1997, or 1998.
----------------------------------------------------------------------------------------------------------------

    (iii) Explanations for Pacific cod endorsements. (A) All eligibility 
amounts in the table at paragraph (k)(9)(ii) of this section will be 
determined based on round weight equivalents.
    (B) Discards will not count toward eligibility amounts in the table 
at paragraph (k)(9)(ii) of this section.
    (C) Pacific cod harvested for personal bait use will not count 
toward eligibility amounts in the table at paragraph (k)(9)(ii) of this 
section.
    (D) A legal landing of Pacific cod in the BSAI for commercial bait 
will count toward eligibility amounts in the table at paragraph 
(k)(9)(ii) of this section.
    (E) Harvests within the BSAI will count toward eligibility amounts 
in the table at paragraph (k)(9)(ii) of this section; however, a license 
holder will only be able to harvest Pacific cod in the specific areas in 
the BSAI for which he or she has an area endorsement.
    (F) Harvests within the BSAI Would count toward eligibility amounts 
in the table at paragraph (k)(9)(ii) of this section if:
    (1) Those harvests were made from the vessel that was used as the 
basis of eligibility for the license holder's LLP groundfish license, or
    (2) Those harvests were made from a vessel that was not the vessel 
used as the basis of eligibility for the license holder's LLP groundfish 
license, provided that, at the time the endorsement-qualifying Pacific 
cod harvests were made, the person who owned such Pacific cod 
endorsement-qualifying fishing history also owned the fishing history of 
a vessel that satisfied the requirements for the LLP groundfish license.
    (3) Notwithstanding the provisions of paragraph (k)(9)(iii)(F)(2) of 
this section, the LLP groundfish license qualifying history or the 
Pacific cod qualifying history of any one vessel may not be used to 
satisfy the requirements for issuance of more than one LLP groundfish 
license endorsed for the BSAI Pacific cod hook-and-line or pot gear 
fisheries.
    (G) Except as provided in paragraph 679.4(k)(9)(iii)(D), only 
harvests of BSAI Pacific cod in the directed fishery will count toward 
eligibility amounts.
    (iv) Exemptions to Pacific cod endorsements. (A) Any vessel exempted 
from the License Limitation Program at paragraph (k)(2) of this section.
    (B) Any catcher vessel less than 60 ft (18.3 m) LOA.
    (C) Any catch of Pacific cod for personal use bait.
    (v) Combination of landings and hardship provision. Notwithstanding 
the eligibility requirements in paragraph (k)(9)(ii) of this section, a 
license holder may be eligible for a Pacific cod endorsement by meeting 
the following criteria.
    (A) Combination of landings. A license holder may combine the 
landings of a sunken vessel and the landings of a vessel obtained to 
replace a sunken vessel to satisfy the eligibility amounts in the table 
at paragraph (k)(9)(ii) of this section only if he or she meets the 
requirements in paragraphs (k)(9)(v)(A)(1)-(4) of this section. No other 
combination of landings will satisfy the eligibility amounts in the 
table at paragraph (k)(9)(ii) of this section.
    (1) The sunken vessel was used as the basis of eligibility for the 
license holder's groundfish license;
    (2) The sunken vessel sank after January 1, 1995;
    (3) The vessel obtained to replace the sunken vessel was obtained by 
December 31 of the year 2 years after the sunken vessel sank; and
    (4) The length of the vessel obtained to replace the sunken vessel 
does not

[[Page 634]]

exceed the MLOA specified on the license holder's groundfish license.
    (B) Hardship provision. A license holder may be eligible for a 
Pacific cod endorsement because of unavoidable circumstances if he or 
she meets the requirements in paragraphs (k)(9)(v)(B)(1)-(4) of this 
section. For purposes of this hardship provision, the term license 
holder includes the person whose landings were used to meet the 
eligibility requirements for the license holder's groundfish license, if 
not the same person.
    (1) The license holder at the time of the unavoidable circumstance 
held a specific intent to conduct directed fishing for BSAI Pacific cod 
in a manner sufficient to meet the landing requirements in the table at 
paragraph (k)(9)(ii) of this section but that this intent was thwarted 
by a circumstance that was:
    (i) Unavoidable;
    (ii) Unique to the license holder, or unique to the vessel that was 
used as the basis of eligibility for the license holder's groundfish 
license; and
    (iii) Unforeseen and reasonably unforeseeable to the license holder.
    (2) The circumstance that prevented the license holder from 
conducting directed fishing for BSAI Pacific cod in a manner sufficient 
to meet the landing requirements in paragraph (k)(9)(ii) actually 
occurred;
    (3) The license holder took all reasonable steps to overcome the 
circumstance that prevented the license holder from conducting directed 
fishing for BSAI Pacific cod in a manner sufficient to meet the landing 
requirements in paragraph (k)(9)(ii) of this section; and
    (4) Any amount of Pacific cod was harvested in the BSAI aboard the 
vessel that was used as the basis of eligibility for the license 
holder's groundfish license after the vessel was prevented from 
participating by the unavoidable circumstance but before April 16, 2000.
    (10) Restrictions on licenses earned on AFA catcher vessels and 
listed AFA catcher/processors. No person may use an LLP license that was 
derived in whole or in part from the qualifying fishing history of an 
AFA catcher vessel or a listed AFA catcher/processor to fish for 
groundfish or crab on a non-AFA catcher vessel or non-AFA catcher/
processor. NMFS will identify all such licenses affected by this 
restriction and inform the holders of such licenses of this restriction 
through a restriction printed on the face of the license.
    (l) AFA permits--(1) General--(i) Applicability. In addition to any 
other permit and licensing requirements set out in this part, any vessel 
used to engage in directed fishing for a non-CDQ allocation of pollock 
in the BSAI and any shoreside processor, stationary floating processor, 
or mothership that receives pollock harvested in a non-CDQ directed 
pollock fishery in the BSAI must have a valid AFA permit onboard the 
vessel or at the facility location at all times while non-CDQ pollock is 
being harvested or processed. In addition, the owner of any vessel that 
is a member of a pollock cooperative in the BSAI must also have a valid 
AFA permit for every vessel that is a member of the cooperative, 
regardless of whether or not the vessel actually engages in directed 
fishing for pollock in the BSAI. Finally, an AFA permit does not exempt 
a vessel operator, vessel, or processor from any other applicable permit 
or licensing requirement required under this part or in other state or 
Federal regulations.
    (ii) Duration--(A) Expiration of interim AFA permits. All interim 
AFA vessel and processor permits issued prior to January 1, 2002, will 
expire on December 31, 2002, unless extended or re-issued by NMFS.
    (B) Duration of final AFA permits. Except as provided in paragraphs 
(l)(5)(v)(B)(3) and (l)(6)(iii) of this section, AFA vessel and 
processor permits issued under this paragraph (l) will have no 
expiration date, and are valid indefinitely unless suspended or revoked.
    (iii) Application for permit. NMFS will issue AFA vessel and 
processor permits to the current owner(s) of a qualifying vessel or 
processor if the owner(s) submits to the Regional Administrator a 
completed AFA permit application that is subsequently approved.
    (iv) Amended permits. AFA vessel and processor permits may not be 
used on

[[Page 635]]

or transferred to any vessel or processor that is not listed on the 
permit. However, AFA permits may be amended to reflect any change in the 
ownership of the vessel or processor. An application to amend an AFA 
permit must include the following:
    (A) The original AFA permit to be amended, and
    (B) A completed AFA permit application signed by the new vessel or 
processor owner.
    (2) AFA catcher/processor permits--(i) Listed AFA catcher/
processors. NMFS will issue to an owner of a catcher/processor a listed 
AFA catcher/processor permit if the catcher/processor is one of the 
following (as listed in AFA paragraphs 208(e)(1) through (20)):
    (A) AMERICAN DYNASTY (USCG documentation number 951307);
    (B) KATIE ANN (USCG documentation number 518441);
    (C) AMERICAN TRIUMPH (USCG documentation number 646737);
    (D) NORTHERN EAGLE (USCG documentation number 506694);
    (E) NORTHERN HAWK (USCG documentation number 643771);
    (F) NORTHERN JAEGER (USCG documentation number 521069);
    (G) OCEAN ROVER (USCG documentation number 552100);
    (H) ALASKA OCEAN (USCG documentation number 637856);
    (I) ENDURANCE (USCG documentation number 592206);
    (J) AMERICAN ENTERPRISE (USCG documentation number 594803);
    (K) ISLAND ENTERPRISE (USCG documentation number 610290);
    (L) KODIAK ENTERPRISE (USCG documentation number 579450);
    (M) SEATTLE ENTERPRISE (USCG documentation number 904767);
    (N) US ENTERPRISE (USCG documentation number 921112);
    (O) ARCTIC STORM (USCG documentation number 903511);
    (P) ARCTIC FJORD (USCG documentation number 940866);
    (Q) NORTHERN GLACIER (USCG documentation number 663457);
    (R) PACIFIC GLACIER (USCG documentation number 933627);
    (S) HIGHLAND LIGHT (USCG documentation number 577044);
    (T) STARBOUND (USCG documentation number 944658).
    (ii) Unlisted AFA catcher/processors. NMFS will issue to an owner of 
a catcher/processor an unlisted AFA catcher/processor permit if the 
catcher/processor is not listed in Sec. 679.4(l)(2)(i) and is determined 
by the Regional Administrator to have harvested more than 2,000 mt of 
pollock in the 1997 BSAI directed pollock fishery.
    (iii) Application for AFA catcher/processor permit. A completed 
application for an AFA catcher/processor permit must contain:
    (A) Vessel information. The vessel name, ADF&G registration number, 
USCG documentation number, vessel telephone number (if any), gross tons, 
shaft horsepower, and registered length (in feet);
    (B) Ownership information. The managing owner name(s), tax ID 
number(s), signature(s), business mailing address(es), business 
telephone number(s), business fax number(s), business e-mail 
address(es), and managing company (if any);
    (3) AFA catcher vessel permits. NMFS will issue to an owner of a 
catcher vessel an AFA catcher vessel permit containing sector 
endorsements and sideboard restrictions upon receipt and approval of a 
completed application for an AFA catcher vessel permit.
    (i) Qualifying criteria--(A) Catcher vessels delivering to catcher/
processors. NMFS will endorse an AFA catcher vessel permit to authorize 
directed fishing for pollock for delivery to a catcher/processor if the 
catcher vessel:
    (1) Is one of the following (as listed in paragraphs 208(b)(1) 
through (7) of the AFA):

    AMERICAN CHALLENGER (USCG documentation number 633219);
    FORUM STAR (USCG documentation number 925863);
    MUIR MILACH (USCG documentation number 611524);
    NEAHKAHNIE (USCG documentation number 599534);
    OCEAN HARVESTER (USCG documentation number 549892);
    SEA STORM (USCG documentation number 628959);
    TRACY ANNE (USCG documentation number 904859); or


[[Page 636]]


    (2) Is not listed in Sec. 679.4(l)(3)(i)(A)(1) and is determined by 
the Regional Administrator to have delivered at least 250 mt and at 
least 75 percent of the pollock it harvested in the directed BSAI 
pollock fishery in 1997 to catcher/processors for processing by the 
offshore component.
    (B) Catcher vessels delivering to AFA motherships. NMFS will endorse 
an AFA catcher vessel permit to authorize directed fishing for pollock 
for delivery to an AFA mothership if the catcher vessel:
    (1) Is one of the following (as listed in paragraphs 208(c)(1) 
through (20) and in subsection 211(e) of the AFA):
    (i) ALEUTIAN CHALLENGER (USCG documentation number 603820);
    (ii) ALYESKA (USCG documentation number 560237);
    (iii) AMBER DAWN (USCG documentation number 529425);
    (iv) AMERICAN BEAUTY (USCG documentation number 613847);
    (v) CALIFORNIA HORIZON (USCG documentation number 590758);
    (vi) MAR-GUN (USCG documentation number 525608);
    (vii) MARGARET LYN (USCG documentation number 615563);
    (viii) MARK I (USCG documentation number 509552);
    (ix) MISTY DAWN (USCG documentation number 926647);
    (x) NORDIC FURY (USCG documentation number 542651);
    (xi) OCEAN LEADER (USCG documentation number 561518);
    (xii) OCEANIC (USCG documentation number 602279);
    (xiii) PACIFIC ALLIANCE (USCG documentation number 612084);
    (xiv) PACIFIC CHALLENGER (USCG documentation number 518937);
    (xv) PACIFIC FURY (USCG documentation number 561934);
    (xvi) PAPADO II (USCG documentation number 536161);
    (xvii) TRAVELER (USCG documentation number 929356);
    (xviii) VESTERAALEN (USCG documentation number 611642);
    (xix) WESTERN DAWN (USCG documentation number 524423);
    (xx) LISA MARIE (USCG documentation number 1038717); or
    (2) Is not listed in Sec. 679.4(l)(3)(i)(B)(1) and is determined by 
the Regional Administrator to have delivered at least 250 mt of pollock 
for processing by motherships in the offshore component of the BSAI 
directed pollock fishery in any one of the years 1996 or 1997, or 
between January 1, 1998, and September 1, 1998, and is not eligible for 
an endorsement to deliver pollock to catcher/processors under 
Sec. 679.4(l)(3)(i)(A).
    (C) Catcher vessels delivering to AFA inshore processors. NMFS will 
endorse an AFA catcher vessel permit to authorize directed fishing for 
pollock for delivery to an AFA inshore processor if the catcher vessel 
is:
    (1) One of the following vessels authorized by statute to engage in 
directed fishing for inshore sector pollock:

    HAZEL LORRAINE (USCG documentation number 592211),
    LISA MARIE (USCG documentation number 1038717),
    PROVIDIAN (USCG documentation number 1062183); or

    (2) Is not listed in Sec. 679.4(l)(3)(i)(A), and:
    (i) Is determined by the Regional Administrator to have delivered at 
least 250 mt of pollock harvested in the directed BSAI pollock fishery 
for processing by the inshore component in any one of the years 1996 or 
1997, or between January 1, 1998, and September 1, 1998; or
    (ii) Is less than 60 ft (18.1 meters) LOA and is determined by the 
Regional Administrator to have delivered at least 40 mt of pollock 
harvested in the directed BSAI pollock fishery for processing by the 
inshore component in any one of the years 1996 or 1997, or between 
January 1, 1998, and September 1, 1998.
    (ii) Application for AFA catcher vessel permit. A completed 
application for an AFA catcher vessel permit must contain:
    (A) Vessel information. The vessel name, ADF&G registration number, 
USCG documentation number, vessel telephone number (if any), gross tons, 
shaft horsepower, and registered length (in feet);
    (B) Ownership information. The managing owner name(s), tax ID 
number(s), signature(s), business mailing address(es), business 
telephone number(s), business fax number(s), business

[[Page 637]]

e-mail address(es), and managing company (if any);
    (C) Vessel AFA qualification information. The AFA catcher vessel 
permit sector endorsement(s) requested.
    (D) Vessel crab activity information required for crab sideboard 
endorsements. The owner of an AFA catcher vessel wishing to participate 
in any BSAI king or Tanner crab fishery must apply for a crab sideboard 
endorsement authorizing the catcher vessel to retain that crab species. 
An AFA catcher vessel permit may be endorsed for a crab species if the 
owner requests a crab sideboard endorsement and if the Regional 
Administrator verifies the legal landing(s) according to the following 
criteria:
    (1) Bristol Bay Red King Crab (BBRKC). A legal landing of any BSAI 
king or Tanner crab species in 1996, 1997, or on or before February 7, 
1998. A BBRKC sideboard endorsement also authorizes a vessel to retain 
Bairdi Tanner crab harvested during the duration of a BBRKC opening if 
the vessel is otherwise authorized to retain Bairdi Tanner crab while 
fishing for BBRKC under state and Federal regulations.
    (2) St. Matthew Island blue king crab. A legal landing of St. 
Matthew Island blue king crab in that fishery in 1995, 1996, or 1997.
    (3) Pribilof Island red and blue king crab. A legal landing of 
Pribilof Island blue or red king crab in that fishery in 1995, 1996, or 
1997.
    (4) Aleutian Islands (Adak) brown king crab. A legal landing of 
Aleutian Islands brown king crab in each of the 1997/1998 and 1998/1999 
fishing seasons.
    (5) Aleutian Islands (Adak) red king crab. A legal landing of 
Aleutian Islands red king crab in each of the 1995/1996 and 1998/1999 
fishing seasons.
    (6) Opilio Tanner crab. A legal landing of Chionoecetes (C.) opilio 
Tanner crab in each of 4 or more years from 1988 to 1997.
    (7) Bairdi Tanner crab. A legal landing of C. bairdi Tanner crab in 
1995 or 1996.
    (8) Exemption to crab harvesting sideboards. An AFA catcher vessel 
permit may be endorsed with an exemption from all crab harvesting 
sideboards if the owner requests such exemption and provides supporting 
documentation that the catcher vessel made a legal landing of crab in 
every BBRKC, Opilio Tanner crab, and Bairdi Tanner crab fishery opening 
from 1991 to 1997 and if the Regional Administrator verifies the legal 
landings.
    (E) Vessel exemptions from AFA catcher vessel groundfish sideboard 
directed fishing closures. An AFA catcher vessel permit may contain 
exemptions from certain groundfish sideboard directed fishing closures. 
If a vessel owner is requesting such an exemption, the application must 
provide supporting documentation that the catcher vessel qualifies for 
the exemption based on the following criteria. The Regional 
Administrator will review the vessel's catch history according to the 
following criteria:
    (1) BSAI Pacific cod. For a catcher vessel to qualify for an 
exemption from AFA catcher vessel sideboards in the BSAI Pacific cod 
fishery, the catcher vessel must: Be less than 125 ft (38.1 m) LOA, have 
landed a combined total of less than 5,100 mt of BSAI pollock in the 
BSAI directed pollock fishery from 1995 through 1997, and have made 30 
or more legal landings of Pacific cod in the BSAI directed fishery for 
Pacific cod from 1995 through 1997.
    (2) GOA groundfish species. For a catcher vessel to qualify for an 
exemption from AFA catcher vessel sideboards in the GOA groundfish 
fisheries, the catcher vessel must: Be less than 125 ft (38.1 m) LOA, 
have landed a combined total of less than 5,100 mt of BSAI pollock in 
the BSAI directed pollock fishery from 1995 through 1997, and made 40 or 
more legal landings of GOA groundfish in a directed fishery for GOA 
groundfish from 1995 through 1997.
    (4) AFA mothership permits. NMFS will issue to an owner of a 
mothership an AFA mothership permit if the mothership is one of the 
following (as listed in paragraphs 208(d)(1) through (3) of the AFA):

    EXCELLENCE (USCG documentation number 967502);
    GOLDEN ALASKA (USCG documentation number 651041); and
    OCEAN PHOENIX (USCG documentation number 296779).

    (i) Cooperative processing endorsement. The owner of an AFA 
mothership who wishes to process pollock harvested by a fishery 
cooperative formed under

[[Page 638]]

Sec. 679.61 must apply for and receive a cooperative processing 
endorsement on the vessel's AFA mothership permit.
    (ii) Application for AFA mothership permit. A completed application 
for an AFA mothership permit must contain:
    (A) Type of permit requested. Type of processor and whether 
requesting an AFA cooperative endorsement.
    (B) Vessel information. The mothership name, ADF&G processor code, 
USCG documentation number, Federal fisheries permit number, gross tons, 
shaft horsepower, and registered length (in feet).
    (C) Ownership information. The managing owner name(s), tax ID 
number(s), signature(s), business mailing address(es), business 
telephone number(s), business fax number(s), business e-mail 
address(es), and managing company (if any);
    (D) AFA crab facility ownership information. If the applicant is 
applying for a cooperative pollock processing endorsement, the AFA 
mothership application must list the name, type of facility, ADF&G 
processor code, and percentage of ownership or control of each AFA crab 
facility that is affiliated with the AFA entity that owns or controls 
the AFA mothership;
    (E) Data confidentiality waiver. If the applicant is applying for a 
cooperative pollock processing endorsement, the AFA mothership 
application must contain a valid signed data confidentiality waiver for 
each crab processing facility listed on the permit application that 
authorizes public release of the 1995-1998 total processing history of 
each BSAI king and Tanner crab species.
    (5) AFA inshore processor permits. NMFS will issue to an owner of a 
shoreside processor or stationary floating processor an AFA inshore 
processor permit upon receipt and approval of a completed application.
    (i) Qualifying criteria--(A) Unrestricted processors. NMFS will 
issue an unrestricted AFA inshore processor permit to a shoreside 
processor or stationary floating processor if the Regional Administrator 
determines that the processor facility processed annually more than 
2,000 mt round-weight of pollock harvested in the inshore component of 
the directed BSAI pollock fishery during each of 1996 and 1997.
    (B) Restricted processors. NMFS will issue a restricted AFA inshore 
processor permit to a shoreside processor or stationary floating 
processor if the Regional Administrator determines that the facility 
processed pollock harvested in the inshore component of the directed 
BSAI pollock fishery during 1996 or 1997, but did not process annually 
more than 2,000 mt round-weight of BSAI pollock during each of 1996 and 
1997.
    (ii) Cooperative processing endorsement. The owner of an AFA inshore 
processor who wishes to process pollock harvested by a fishery 
cooperative formed under Sec. 679.62 must apply for and receive a 
cooperative processing endorsement on the AFA inshore processor permit.
    (iii) Single geographic location requirement. An AFA inshore 
processor permit authorizes the processing of pollock harvested in the 
BSAI directed pollock fishery only in a single geographic location 
during a fishing year. For the purpose of this paragraph, single 
geographic location means:
    (A) Shoreside processors. The physical location at which the land-
based shoreside processor first processed BSAI pollock harvested in the 
BSAI directed pollock fishery during a fishing year;
    (B) Stationary floating processors. A location within Alaska state 
waters that is within 5 nm of the position in which the stationary 
floating processor first processed BSAI pollock harvested in the BSAI 
directed pollock fishery during a fishing year.
    (iv) Application for permit. A completed application for an AFA 
inshore processor permit must contain:
    (A) Type of permit requested. Type of processor, whether requesting 
an AFA cooperative endorsement, and amount of BSAI pollock processed in 
1996 and 1997;
    (B) Stationary floating processor information. The vessel name, 
ADF&G processor code, USCG documentation number, Federal processor 
permit number, gross tons, shaft horsepower, registered length (in 
feet), and business telephone number, business FAX number, and business 
e-mail address used on board the vessel.
    (C) Shoreside processor information. The processor name, Federal 
processor

[[Page 639]]

permit number, ADF&G processor code, business street address; business 
telephone and FAX numbers, and business e-mail address.
    (D) Ownership information. The managing owner name(s), tax ID 
number(s), signature(s), business mailing address(es), business 
telephone number(s), business fax number(s), business e-mail 
address(es), and managing company (if any);
    (E) AFA crab facility ownership information. If the applicant is 
applying for a cooperative pollock processing endorsement, the AFA 
inshore processor application must list the name, type of facility, 
ADF&G processor code, and list the percentage of ownership or control 
and describe the nature of the interest in each AFA crab facility that 
is affiliated with the AFA entity that owns or controls the AFA inshore 
processor;
    (F) Data confidentiality waiver. If the applicant is applying for a 
cooperative pollock processing endorsement, the AFA mothership 
application must contain a valid signed data confidentiality waiver for 
each crab processing facility listed on the permit application that 
authorizes public release of the 1995-1998 total processing history of 
each BSAI king and Tanner crab species by that facility.
    (v) Authorization of new AFA inshore processors. If the Council 
recommends and NMFS approves a combined BSAI pollock TAC that exceeds 
1,274,900 mt for any fishing year, or in the event of the actual total 
loss or constructive loss of an existing AFA inshore processor, the 
Council may recommend that an additional inshore processor (or 
processors) be issued AFA inshore processing permits.
    (A) Timing of Council action. At any time prior to or during a 
fishing year in which the combined BSAI pollock TAC exceeds 1,274,900 
mt, or at any time after the actual total loss or constructive total 
loss of an existing AFA inshore processor, the Council may, after 
opportunity for public comment, recommend that an additional inshore 
processor (or processors) be issued AFA inshore processor permits.
    (B) Required elements in Council recommendation. Any recommendation 
from the Council to add an additional inshore processor (or processors) 
must include the following information:
    (1) Identification of inshore processor(s). The Council 
recommendation must identify by name the inshore processor(s) to which 
AFA inshore processor permits would be issued;
    (2) Type of AFA inshore processor permit(s). The Council 
recommendation must specify whether the identified inshore processor(s) 
should be issued a restricted or unrestricted AFA inshore processor 
permit.
    (3) Duration of permit. The Council recommendation must specify the 
recommended duration of the permit. Permit duration may be for any 
duration from a single fishing season to the duration of section 208 of 
the AFA. Alternatively, the Council may recommend that the permit be 
valid as long as the conditions that led to the permit remain in effect. 
For example, the Council could recommend that a permit issued under this 
paragraph remain valid as long as the combined annual BSAI pollock TAC 
remains above 1,274,900 mt. or a lost AFA inshore processor is not 
reconstructed.
    (4) Council procedures. The Council may establish additional 
procedures for the review and approval of requests to authorize 
additional AFA inshore processors. However, such procedures must be 
consistent with the Magnuson-Stevens Act, the national standards, and 
other applicable law.
    (5) Action by NMFS. Upon receipt of a recommendation from the 
Council to authorize additional AFA inshore processors, NMFS may issue 
an AFA inshore processor permit to the identified inshore processor(s) 
of the type and duration recommended by the Council, provided the 
Council has met the requirements identified in paragraphs 
(l)(5)(v)(B)(1) through (4) of this section, and the owner(s) of the 
identified inshore processor has submitted a completed application for 
an AFA inshore processor permit that is subsequently approved.
    (6) Inshore cooperative fishing permits--(i) General. NMFS will 
issue to an inshore catcher vessel cooperative formed pursuant to 15 
U.S.C. 521 for the purpose of cooperatively managing directed fishing 
for pollock for processing by an AFA inshore processor an

[[Page 640]]

AFA inshore cooperative fishing permit upon receipt and approval of a 
completed application.
    (ii) Application for permit. A completed application for an inshore 
cooperative fishing permit must contain the following information:
    (A) Cooperative contact information. Name of cooperative; name of 
cooperative representative; and business mailing address, business 
telephone number, business fax number, and business e-mail address of 
the cooperative;
    (B) Designated cooperative processor. The name and physical location 
of AFA Inshore Processor who is designated in the cooperative contract 
as the processor to whom the cooperative has agreed to deliver at least 
90 percent of its BSAI pollock catch;
    (C) Cooperative contract information. A copy of the cooperative 
contract and a written certification that:
    (1) The contract was signed by the owners of at least 80 percent of 
the qualified catcher vessels;
    (2) The cooperative contract requires that the cooperative deliver 
at least 90 percent of its BSAI pollock catch to its designated AFA 
processor; and
    (3) Each catcher vessel in the cooperative is a qualified catcher 
vessel and is otherwise eligible to fish for groundfish in the BSAI, has 
an AFA catcher vessel permit with an inshore endorsement, and has no 
permit sanctions or other type of sanctions against it that would 
prevent it from fishing for groundfish in the BSAI;
    (D) Qualified catcher vessels. For the purpose of this paragraph, a 
catcher vessel is a qualified catcher vessel if it meets the following 
permit and landing requirements:
    (1) Permit requirements--(i) AFA permit. The vessel must have a 
valid AFA catcher vessel permit with an inshore endorsement;
    (ii) LLP permit. The vessel must be named on a valid LLP permit 
authorizing the vessel to engage in trawling for pollock in the Bering 
Sea subarea and in the Aleutian Islands subarea if the vessel's Aleutian 
Islands subarea fishing history is used to generate a cooperative 
allocation for the Aleutian Islands subarea; and
    (iii) Permit sanctions. The vessel has no permit sanctions that 
otherwise make it ineligible to engage in fishing for pollock in the 
BSAI.
    (2) Landing requirements--(i) Active vessels. The vessel delivered 
more pollock harvested in the BSAI inshore directed pollock fishery to 
the AFA inshore processor designated under paragraph (l)(6)(ii)(B) of 
this section than to any other shoreside processor or stationary 
floating processor during the year prior to the year in which the 
cooperative fishing permit will be in effect; or
    (ii) Inactive vessels. The vessel delivered more pollock harvested 
in the BSAI inshore directed pollock fishery to the AFA inshore 
processor designated under paragraph (l)(6)(ii)(B) of this section than 
to any other shoreside processor or stationary floating processor during 
the last year in which the vessel delivered BSAI pollock harvested in 
the BSAI directed pollock fishery to an AFA inshore processor.
    (iii) Harvests under contract to a cooperative. Any landings made by 
a vessel operating under contract to an inshore cooperative in which it 
was not a member will not be used to determine eligibility under 
paragraph (l)(6)(ii)(D)(2).
    (E) Business review letter. A copy of a letter from a party to the 
contract requesting a business review letter on the fishery cooperative 
from the Department of Justice and of any response to such request;
    (F) Vessel information. For each cooperative catcher vessel member: 
Vessel name, ADF&G registration number, USCG documentation number, AFA 
permit number; and
    (G) Certification of notary and applicant. Signature and printed 
name of cooperative representative, date of signature, and notary stamp 
or seal, signature and date commission expires of a notary public.
    (iii) Duration of cooperative fishing permits. Inshore cooperative 
fishing permits are valid for 1 calendar year.
    (iv) Addition or subtraction of vessels. The cooperative 
representative must submit a new application to add or subtract a 
catcher vessel to or from an inshore cooperative fishing permit to the 
Regional Administrator prior to the application deadline. Upon approval 
by the Regional Administrator,

[[Page 641]]

NMFS will issue an amended cooperative fishing permit.
    (v) Application deadline. An inshore cooperative fishing permit 
application and any subsequent contract amendments that add or subtract 
vessels must be received by the Regional Administrator by December 1 
prior to the year in which the inshore cooperative fishing permit will 
be in effect. Inshore cooperative fishing permit applications or 
amendments to inshore fishing cooperative permits received after 
December 1 will not be accepted by the Regional Administrator for the 
subsequent fishing year.
    (7) Replacement vessels. (i) In the event of the actual total loss 
or constructive total loss of an AFA catcher vessel, AFA mothership, or 
AFA catcher/processor, the owner of such vessel may replace such vessel 
with a replacement vessel. The replacement vessel will be eligible in 
the same manner as the original vessel after submission and approval of 
an application for an AFA replacement vessel, provided that:
    (A) Such loss was caused by an act of God, an act of war, a 
collision, an act or omission of a party other than the owner or agent 
of the vessel, or any other event not caused by the willful misconduct 
of the owner or agent;
    (B) The replacement vessel was built in the United States and, if 
ever rebuilt, rebuilt in the United States;
    (C) The USCG certificate of documentation with fishery endorsement 
for the replacement vessel is issued within 36 months of the end of the 
last year in which the eligible vessel harvested or processed pollock in 
the directed pollock fishery;
    (D) If the eligible vessel is greater than 165 ft (50.3 meters (m)) 
in registered length, or more than 750 gross registered tons, or has 
engines capable of producing more than 3,000 shaft horsepower, the 
replacement vessel is of the same or lesser registered length, gross 
registered tons, and shaft horsepower;
    (E) If the eligible vessel is less than 165 ft (50.3 m) in 
registered length, fewer than 750 gross registered tons, and has engines 
incapable of producing more than 3,000 shaft horsepower, the replacement 
vessel is less than each of such thresholds and does not exceed by more 
than 10 percent the registered length, gross registered tons, or shaft 
horsepower of the eligible vessel; and
    (F) If the replacement vessel is already an AFA catcher vessel, the 
inshore cooperative catch history of both vessels may be merged in the 
replacement vessel for the purpose of determining inshore cooperative 
allocations except that a catcher vessel with an endorsement to deliver 
pollock to AFA catcher/processors may not be simultaneously endorsed to 
deliver pollock to AFA motherships or AFA inshore processors.
    (G) Replacement of replacement vessels. In the event that a 
permitted replacement vessel is lost under the circumstances described 
in paragraph (l)(7)(i)(A) of this section, the replacement vessel may be 
replaced according to the provisions of this paragraph (l)(7). However, 
the maximum length, tonnage, and horsepower of any subsequent 
replacement vessels are determined by the length, tonnage, and 
horsepower of the originally qualifying AFA vessel and not by those of 
any subsequent replacement vessels.
    (ii) Application for permit. A completed application for an AFA 
permit for a replacement vessel must contain:
    (A) Identification of lost AFA eligible vessel.
    (1) Name, ADF&G vessel registration number, USCG documentation 
number, AFA permit number, gross tons, shaft horsepower, and registered 
length from USCG documentation of the vessel;
    (2) Name(s), tax ID number(s), business mailing address(es), 
telephone number(s), FAX number(s), and e-mail address(es) of owner(s);
    (3) The last year in which the vessel harvested or processed pollock 
in a BSAI directed pollock fishery; and
    (4) Description of how the vessel was lost or destroyed. Attach a 
USCG Form 2692 or insurance papers to verify the claim.
    (B) Identification of replacement vessel.
    (1) Name, ADF&G vessel registration number, USCG documentation 
number, gross tons, shaft horsepower, registered length, net tons from 
USCG documentation, length overall (in feet), and Federal Fisheries 
Permit number of the vessel;

[[Page 642]]

    (2) Name(s), tax ID number(s), business mailing address(es), 
business telephone number(s), business FAX number(s), and business e-
mail address(es) of the owner(s);
    (3) YES or NO indication of whether the vessel was built in the 
United States; and
    (4) YES or NO indication of whether the vessel has ever been 
rebuilt, and if so whether it was rebuilt in the United States.
    (C) Certification of applicant and notary. Signature(s) and printed 
name(s) of owner(s) and date of signature; signature, notary stamp or 
seal of notary public, and date notary commission expires.
    (8) Application evaluations and appeals--(i) Initial evaluation. The 
Regional Administrator will evaluate an application for an AFA fishing 
or processing permit submitted in accordance with paragraph (1) of this 
section and compare all claims in the application with the information 
in the official AFA record. Claims in the application that are 
consistent with information in the official AFA record will be accepted 
by the Regional Administrator. Inconsistent claims in the application, 
unless supported by evidence, will not be accepted. An applicant who 
submits claims based on inconsistent information or fails to submit the 
information specified in the application for an AFA permit will be 
provided a single 60-day evidentiary period to submit the specified 
information, submit evidence to verify the applicant's inconsistent 
claims, or submit a revised application with claims consistent with 
information in the official AFA record. An applicant who submits claims 
that are inconsistent with information in the official AFA record has 
the burden of proving that the submitted claims are correct.
    (ii) Additional information and evidence. The Regional Administrator 
will evaluate the additional information or evidence to support an 
applicant's claims submitted within the 60-day evidentiary period. 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 are correct, the official AFA record 
will be amended and the information will be used in determining whether 
the applicant is eligible for an AFA permit. 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 that the applicant 
did not meet the burden of proof to change information in the official 
AFA record.
    (iii) Sixty-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 AFA 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 required information 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 the purposes of the initial 
administrative determination.
    (iv) Initial administrative determinations (IAD). The Regional 
Administrator will prepare 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 AFA 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

[[Page 643]]

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 under the appeals procedures set out at 
Sec. 679.43. An applicant who avails himself or herself of the 
opportunity to appeal an IAD will receive an interim AFA permit that 
authorizes a person to participate in an AFA pollock fishery and will 
have the specific endorsements and designations based on the claims in 
his or her application. An interim AFA permit based on claims contrary 
to the Official Record will expire upon final agency action.
    (v) Effect of cooperative allocation appeals. An AFA inshore 
cooperative may appeal the pollock quota share issued to the cooperative 
under Sec. 679.62; however, final agency action on the appeal must occur 
prior to December 1 for the results of the appeal to take effect during 
the subsequent fishing year.

[61 FR 31230, June 19, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 679.4, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.

    Effective Date Note: At 67 FR 79723, Dec. 30, 2002, Sec. 679.4 was 
amended by revising paragraph (a)(1)(iii) and adding paragraphs (k)(10) 
and paragraph (l), effective Jan. 29, 2003, through Dec. 31, 2007.



Sec. 679.5  Recordkeeping and reporting (R&R).

    (a) General requirements. (1) Applicability--(i) Who must comply 
with R&R requirements? Participants in the groundfish fisheries, the IFQ 
fisheries, and the CDQ fisheries must comply with the appropriate R&R 
requirements of paragraphs (1)(i)(A) through (C) of this section. 
Sablefish are managed under both the IFQ Program and the Groundfish 
Program. As such, sablefish must be recorded and reported as groundfish 
and also as IFQ sablefish.
    (A) Groundfish. Except as provided in paragraph (a)(1)(iii) of this 
section, the owner, operator, or manager of the following participants 
must comply with the appropriate groundfish R&R requirements provided at 
paragraphs (a) through (k), (m), (o), and (p) of this section; 
Sec. 679.28(b), (f), and (g):
    (1) 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.
    (2) Any shoreside processor, stationary floating processor, 
mothership, or buying station that receives groundfish from vessels 
issued a Federal fisheries permit under Sec. 679.4.
    (3) Any buying station that receives or delivers groundfish in 
association with a mothership issued a Federal fisheries permit under 
Sec. 679.4(b) or with a shoreside processor or stationary floating 
processor issued a Federal processor permit under Sec. 679.4(f).
    (4) Any shoreside processor or stationary floating processor that is 
required to have a Federal processor permit under Sec. 679.4.
    (5) For purposes of this section, ``operator or manager'' means 
``the operator of a catcher/processor or mothership, the manager of a 
shoreside processor or stationary floating processor, or the operator or 
manager of a buying station.''
    (B) IFQ halibut and sablefish. The IFQ permit holder, IFQ 
cardholder, or Registered Buyer must comply with the R&R requirements 
provided at paragraphs (g), (k), and (l) of this section.
    (C) CDQ halibut. The CDQ permit holder, CDQ cardholder, or 
Registered Buyer must comply with the R&R requirements provided at 
paragraphs (g), (k), (l)(1) through (6), (n)(1), and (n)(2) of this 
section.
    (ii) What fish need to be recorded and reported? (A) Groundfish and 
prohibited species received. A shoreside processor, stationary floating 
processor, mothership, or buying station subject to R&R requirements 
must record and report all groundfish and prohibited species received, 
including fish received from vessels not required to have a federal 
fisheries permit; and fish received under contract for handling or 
processing for another processor.
    (B) Groundfish and prohibited species reported by catcher vessels 
and buying stations. A shoreside processor, stationary floating 
processor, or

[[Page 644]]

mothership subject to R&R requirements must record and report discard or 
disposition information for all groundfish and prohibited species 
reported to it by catcher vessels or buying stations.
    (C) Groundfish and prohibited species transferred. A shoreside 
processor, stationary floating processor, or mothership subject to R&R 
requirements must record and report all groundfish and prohibited 
species transferred out of the facility or off the vessel.
    (iii) Who is exempt from recordkeeping and reporting requirements? 
(A) Catcher vessels less than 60 ft (18.3 m) LOA. A catcher vessel less 
than 60 ft (18.3 m) LOA is not required to comply with recordkeeping and 
reporting requirements contained in paragraphs (a) through (k) of this 
section.
    (B) Catcher vessels that take groundfish in crab pot gear for use as 
crab bait on that vessel. (1) Owners or operators of catcher vessels 
who, during open crab season, take groundfish in crab pot gear for use 
as crab bait on board their vessels, 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. 
This exemption does not apply to fishermen who:
    (i) Catch groundfish for bait during an open crab season and sell 
that groundfish or transfer it to another vessel, or
    (ii) 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.
    (2) No groundfish species listed by NMFS as ``prohibited'' in a 
management or regulatory area may be taken in that area for use as bait.
    (iv) Who needs to use the combined groundfish/IFQ logbook? (A) Any 
catcher vessel 60 ft (18.3 m) or greater LOA or catcher/processor, that 
participates in an IFQ sablefish fishery, IFQ halibut fishery, or CDQ 
halibut fishery and that retains any groundfish from the GOA or BSAI, 
must use a combined groundfish/IFQ logbook (catcher vessel or catcher/
processor longline and pot gear logbook) to record all IFQ halibut and 
sablefish, CDQ halibut, and groundfish.
    (B) Any catcher vessel 60 ft (18.3 m) or greater LOA or catcher/
processor that is using longline or pot gear in the groundfish fisheries 
of the GOA or BSAI must use a combined groundfish/IFQ logbook (catcher 
vessel or catcher/processor longline and pot gear logbook) to record all 
groundfish.
    (2) 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 (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, stationary floating 
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 owner or manager must sign the SPELR printed pages or the 
owner, operator, or manager must sign the DFL or DCPL as verification of 
acceptance of the responsibility required in paragraph (a)(2)(i) of this 
section.
    (3) Groundfish logbooks and forms. (i) The Regional Administrator 
will prescribe and provide groundfish logbooks and forms required under 
this section for a catcher vessel 60 ft (18.3 m) or greater LOA, a 
catcher/processor, a mothership, a shoreside processor, a stationary 
floating processor, and a buying station (see Table 9 to this part).
    (ii) The operator or manager must use the current edition of the 
logbooks and forms or obtain approval from the Regional Administrator to 
use current electronic versions of the logbooks and forms. Upon 
notification by the Regional Administrator, logbooks or forms may be 
used from the previous year.
    (4) Shoreside processor electronic logbook report (SPELR). The 
manager of a

[[Page 645]]

shoreside processor or stationary floating processor receiving 
groundfish from AFA catcher vessels or receiving pollock harvested in a 
directed pollock fishery is required to use SPELR or NMFS-approved 
software described at paragraph (e) of this section to report every 
delivery from all catcher vessels and is required to maintain the SPELR 
and printed reports as described at paragraph (f) of this section. The 
owner or manager of a shoreside processor or stationary floating 
processor that is not required to use SPELR under paragraph (e) of this 
section may use, upon approval by the Regional Administrator, SPELR or 
NMFS-approved software in lieu of the shoreside processor DCPL and 
shoreside processor WPR.
    (5) Participant identification information. The operator or manager 
must record on all required records, reports, and logbooks, as 
appropriate:
    (i) Name and signature. Name and signature of operator or manager.
    (ii) Catcher vessel. If a catcher vessel, the name as displayed in 
official documentation, Federal fisheries permit number and ADF&G vessel 
registration number.
    (iii) Shoreside processor or stationary floating processor. If a 
shoreside processor or stationary floating processor, the processor name 
as displayed in official documentation, ADF&G processor code, and 
Federal processor permit number. If a shoreside processor, the 
geographic location of plant.
    (iv) Mothership or catcher/processor. If a mothership or catcher/
processor, the name as displayed in official documentation, ADF&G 
processor code and Federal fisheries permit number.
    (v) Buying station. If a buying station, the name as displayed in 
official documentation; ADF&G vessel registration number (if a vessel) 
or vehicle registration number (if a vehicle); name, ADF&G processor 
code, and Federal fisheries permit number of the associated mothership, 
or name, geographic location of plant, ADF&G processor code, and Federal 
processor permit number of the associated shoreside processor or 
stationary floating processor to which groundfish deliveries were made.
    (6) Maintenance of records. The operator or manager must:
    (i) Maintain in English all records, reports, and logbooks in a 
legible, timely, and accurate manner; if handwritten, in indelible ink; 
if computer-generated, in a printed paper copy; and based on A.l.t.
    (ii) Account for each day of the fishing year, January 1 through 
December 31, in the DFL or DCPL. Unless the appropriate box is checked 
to indicate an inactive period, records are assumed to be for an active 
period. Record the first day of the fishing year, January 1, on the 
first page of the DFL or DCPL. Record time periods consecutively in the 
logbook.
    (A) If a vessel owner or operator is granted reinstatement of a 
Federal fisheries permit after having surrendered it within the same 
fishing year, recordkeeping and reporting requirements as defined in 
this section must be continuous throughout that year, without 
interruption of records.
    (B) If a shoreside processor owner or manager is granted 
reinstatement of a Federal processor permit after having surrendered it 
within the same fishing year, recordkeeping and reporting requirements 
as defined in this section must be continuous throughout that year, 
without interruption of records.
    (C) If inactive due to surrender of a Federal fisheries or processor 
permit, the operator or manager must mark the inactive box, write 
``surrender of permit,'' and follow complete instructions for recording 
an inactive period.
    (iii) Record in the appropriate report, form, and logbook, when 
applicable, the date of activity and type of participant as presented in 
the following table:
    (A) Date of activity, as month-day-year.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Date of                                      If a\1\                              Means the date when                    In the
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Delivery                                                                      (i) CV  Delivery of harvest was completed                          DFL
                                                                        (ii) SS, SFP, MS  Delivery of harvest was completed                         DCPL
                                                                                (iii) BS  Delivery of harvest was completed                          BSR

[[Page 646]]

 
(2) Landing                                                                      SS, SFP  Sorting and weighing of a delivery by                     DCPL
                                                                                           species was completed
(3) Production                                                                   SS, SFP  Production was completed                                  DCPL
(4) Discard or disposition                             (i) CV using longline or pot gear  Discard or disposition occurred                            DFL
                                                                        (ii) SS, SFP, MS  Discard or disposition occurred at the                    DCPL
                                                                                           facility; or Received blue DFL from a
                                                                                           catcher vessel (not the actual date of
                                                                                           discard or disposition indicated on the
                                                                                           blue DFL); or Received BSR from a buying
                                                                                           station (not the actual date of discard or
                                                                                           disposition indicated on the BSR).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ CV = Catcher vessel; SS = Shoreside processor; SFP = stationary floating processor; MS = mothership; Catcher/processor = C/P; BS = Buying station

    (B) Week-ending date. The last day of the weekly reporting period: 
2400 hours, A.l.t., Saturday night (except during the last week of each 
year, when it ends on December 31).
    (C) Time, in military format, A.l.t.
    (D) Page numbering. (1) Number the pages in each logbook and BSR 
consecutively, beginning with page 1 and continuing for the remainder of 
the fishing year.
    (2) If a shoreside processor or stationary floating processor, 
number the DCPL pages within Part I and Part II separately, beginning 
with page 1. If in an inactive period, the manager needs only to record 
in Part I.
    (E) Logbook numbering--(1) Two logbooks of same gear type. If more 
than one logbook of the same gear type is used in a fishing year, the 
page numbers must follow the consecutive order of the previous logbook.
    (2) Two logbooks of different gear types. If two logbooks of 
different gear types are used in a fishing year, the page numbers in 
each logbook must start with page 1.
    (3) Two logbooks for pair trawl. If two catcher vessels are dragging 
a trawl between them (pair trawl), two logbooks must be maintained, a 
separate DFL by each vessel to record the amount of the catch retained 
and fish discarded by that vessel, each separately paginated.
    (F) Original/revised report. Except for a DFL or DCPL, if a report 
is the first one submitted to the Regional Administrator for a given 
date, gear type, and reporting area, indicate ORIGINAL REPORT. If a 
report is a correction to a previously submitted report for a given 
date, gear type, and reporting area, indicate REVISED REPORT.
    (G) Position coordinates, position in lat. and long.
    (7) How do you record active/inactive periods and fishing activity? 
(i) The operator or manager daily must record in the appropriate logbook 
or SPELR the status of fishing activity as active or inactive according 
to the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                          An inactive period is
       If participant is a ...         Fishing activity is ...  An active period is ...            ...
----------------------------------------------------------------------------------------------------------------
(A) CV\1\                              Harvest or discard of    When gear remains on     When no gear remains on
                                        groundfish.              the grounds in a         the grounds in a
                                                                 reporting area (except   reporting area
                                                                 300, 400, 550, or
                                                                 690), regardless of
                                                                 the vessel location.
(B) SS, SFP, MS                        Receipt, discard, or     When checked in or       When not checked in or
                                        processing of            processing.              not processing
                                        groundfish.
(C) C/P                                Harvest, discard, or     When checked in or       When not checked in or
                                        processing of            processing.              not processing
                                        groundfish.

[[Page 647]]

 
(D) BS                                 Receipt, discard, or     When conducting fishing  When not conducting
                                        delivery of groundfish.  activity for an          fishing activity for
                                                                 associated processor.    an associated
                                                                                          processor
----------------------------------------------------------------------------------------------------------------
\1\ CV = Catcher vessel; SS = Shoreside processor; SFP = stationary floating processor; MS = mothership; Catcher/
  processor = C/P; BS = Buying station

    (ii) The operator or manager daily must record in the appropriate 
logbook or SPELR if no activity occurred according to the following 
table:

------------------------------------------------------------------------
  The operator or manager must
             enter:                   In the ...            If ...
------------------------------------------------------------------------
(A) No receipt                    (1)DCPL...........  No deliveries
                                                       received for a
                                                       day
                                  (2)DCPL, WPR......  No deliveries
                                                       received during a
                                                       weekly reporting
                                                       period
(B) No landings                   (1)DCPL, DPR......  No landings
                                                       occurred for a
                                                       day
                                  (2) DCPL, WPR.....  No landings
                                                       occurred during a
                                                       weekly reporting
                                                       period
(C) No production                 (1) DCPL, DPR.....  No production
                                                       occurred for a
                                                       day
                                  (2) DCPL, WPR.....  No production
                                                       occurred for a
                                                       weekly reporting
                                                       period
(D) No discard or Disposition     (1)DCPL, DFL, BSR   No discards or
                                   or DPR.             dispositions
                                                       occurred for a
                                                       day
                                  (2) DCPL, WPR.....  No discards or
                                                       dispositions
                                                       occurred for a
                                                       weekly reporting
                                                       period
------------------------------------------------------------------------

    (iii) The operator or manager daily must record whether active or 
inactive in the appropriate logbook or SPELR according to the following 
table:
    (A) Active. If active, complete a separate logsheet for each day 
(except a shoreside processor, stationary floating processor, catcher 
vessel longline or pot gear, or catcher/processor longline or pot gear).
    (B) Inactive. If inactive, complete on one logsheet:
    (1) Check ``inactive.''
    (2) Record the date of the first day when inactive under ``Start 
date''
    (3) Indicate brief explanation that you are inactive.
    (4) Record the date of the last day when inactive under ``End 
date.''
    (C) Inactive two or more quarters. If the inactive time period 
extends across two or more successive quarters, the operator or manager 
must complete two logsheets: the first logsheet to indicate the first 
and last day of the first inactive quarter and the second logsheet to 
indicate the first and last day of the second inactive quarter.
    (D) Participant information if inactive. On each logsheet used to 
record an inactive period, the operator or manager must record the 
participant information as described at paragraph (a)(8) of this 
section.
    (iv) Weight of fish. When recording weight in a logbook or form, the 
operator or manager must follow the guidelines in the tables in 
paragraphs (a)(7)(iv)(C) and (D) and (a)(7)(iv)(F)through (I) of this 
section and must:
    (A) Indicate whether records of weight are in pounds or metric tons.
    (1) If using a DFL, DCPL, BSR, or shoreside processor check-in 
report or check-out report, record weight in pounds or in metric tons to 
the nearest 0.001 mt, but be consistent throughout the year.
    (2) If using a WPR or DPR, record weight in metric tons to the 
nearest 0.001.
    (B) Record the weight of groundfish landings, groundfish product, 
and groundfish or prohibited species Pacific herring discard or 
disposition weight by species codes as defined in Table 2 to this part 
and product codes and product designations as defined in Table 1 to this 
part. Except for product information provided by shoreside processors or 
stationary floating processors [which is the sum of product weight 
separately by BSAI or GOA management area], the operator or manager must 
summarize groundfish weights separately by reporting area, management 
program information, gear type, and if trawl gear used, whether harvest 
was caught in the CVOA or the COBLZ.
    (C) Daily catch weight. The operator or manager must enter daily 
catch weight per the following table:

[[Page 648]]



------------------------------------------------------------------------
            Enter ...                   In a ...            If a ...
------------------------------------------------------------------------
(1) Estimated total round catch    DCPL..............  SS, SFP
 weight of groundfish, listed by
 CV or BS
(2) Estimated total round catch    Trawl DFL.........  CV
 weight of groundfish by haul
(3) Estimated total round catch    Trawl DCPL........  C/P
 weight of groundfish by haul,
 excluding pollock and Pacific
 cod
(4) Estimated total round catch    DCPL..............  MS
 weight of groundfish listed by
 CV or BS, excluding pollock and
 Pacific cod
(5) Estimated total round catch    Longline or pot     CV
 weight of groundfish by set,       DFL.
 excluding CDQ/IFQ Pacific
 halibut and IFQ sablefish
(6) Estimated total round catch    Longline or pot     C/P
 weight of groundfish by set,       DCPL.
 excluding CDQ/IFQ Pacific
 halibut, IFQ sablefish, pollock
 and Pacific cod
(7) If a CV reported discards on   (i) DCPL..........  MS, SS, SFP
 a blue DFL but did not deliver
 groundfish, enter ``0'' in this
 column.
                                   (ii) BSR..........  BS
------------------------------------------------------------------------

    (D) Daily landings weight. The operator or manager must enter daily 
landings weight per the following table:

----------------------------------------------------------------------------------------------------------------
                       Enter...                                  In a ...                      If a ...
----------------------------------------------------------------------------------------------------------------
(1) Obtain actual weights for each groundfish species  DCPL, DPR...................  SS, SFP
 received and retained by: Sorting according to
 species codes and direct weighing of that species,
 or weighing the entire delivery and then sorting and
 weighing some or all of the groundfish species
 individually to determine their weight.
(2) Record daily combined scale weights of landings    DCPL, DPR...................  SS, SFP
 by species and product codes.
----------------------------------------------------------------------------------------------------------------

    (E) Daily product weight. The operator or manager of a SS, SFP, MS, 
or C/P must enter total daily fish product weight or actual scale weight 
of fish product by species and product codes in the DCPL and DPR.
    (F) Daily discard or disposition weight and number. The operator or 
manager must enter daily discard or disposition weight and number per 
the following table:

----------------------------------------------------------------------------------------------------------------
                          Enter ...                                   In a ...                  If a ...
----------------------------------------------------------------------------------------------------------------
(1) The daily estimated total weight of discards or           DCPL, DFL, BSR, ADF&G     CV, BS, SS, SFP, MS, C/P
 disposition for Pacific herring and each groundfish species   fish ticket.
 or species group
(2) The daily estimated numbers of whole fish discards or     DCPL, DFL, BSR, ADF&G     CV, BS, SS, SFP, MS, C/P
 disposition of prohibited species Pacific salmon, steelhead   fish ticket.
 trout, Pacific halibut, king crabs, and Tanner crabs.
----------------------------------------------------------------------------------------------------------------

    (G) Balance brought forward. The operator or manager must enter the 
balance brought forward per the following table:

----------------------------------------------------------------------------------------------------------------
                          Enter ...                                   In a ...                  If a ...
----------------------------------------------------------------------------------------------------------------
(1) The total product balance brought forward from the        DCPL....................  MS, C/P
 previous day
(2) The total estimated discards or disposition balance       DFL, DCPL...............  CV, MS, C/P
 brought forward from the previous day
----------------------------------------------------------------------------------------------------------------

    (H) Zero balance. The operator or manager must enter zero balance 
per the following table:

[[Page 649]]



----------------------------------------------------------------------------------------------------------------
                 Record weights as zero ...                           In a ...                  If a ...
----------------------------------------------------------------------------------------------------------------
(1) After the offload or transfer of all fish or fish         DFL.....................  CV
 product onboard and prior to the beginning of each fishing
 trip.
(2) After the offload or transfer of all fish or fish         DCPL....................  MS, C/P
 product onboard, if such offload occurs prior to the end of
 a weekly reporting period. Nothing shall be carried
 forward.
(3) At the beginning of each weekly reporting period.         DCPL....................  MS, C/P
 Nothing shall be carried forward from the previous weekly
 reporting period.
----------------------------------------------------------------------------------------------------------------

    (I) Cumulative totals. The operator or manager must enter cumulative 
totals per the following table:

----------------------------------------------------------------------------------------------------------------
                          Enter ...                                   In a ...                  If a ...
----------------------------------------------------------------------------------------------------------------
(1) Weekly cumulative totals, calculated by adding the daily  DCPL, WPR...............  MS, C/P
 totals and balance carried forward
(2) Weekly cumulative totals, calculated by adding the daily  DCPL, WPR...............  SS, SFP
 totals
(3) Cumulative total discards or disposition since last       DFL.....................  CV
 delivery, calculated by adding the daily totals and balance
 carried forward from the day before.
----------------------------------------------------------------------------------------------------------------

    (v) Numbers of fish. The operator or manager must record the 
estimated numbers of whole fish discards or disposition of prohibited 
species Pacific salmon, steelhead trout, Pacific halibut, king crabs, 
and Tanner crabs.
    (vi) Species codes. To record species information for federally 
managed groundfish, the operator or manager must use Table 2 to this 
part to determine species codes.
    (vii) Product codes and product designations. To record product 
information for federally managed groundfish, the operator or manager 
must use Table 1 to this part to determine product codes and product 
designations.
    (viii) Target codes. To record target species information for 
federally managed groundfish, the operator or manager must use Table 2 
to this part to determine species codes. Target species may be recorded 
as primary and secondary.
    (ix) Gear type information. If a catcher vessel or catcher/processor 
using longline or pot gear, the operator must enter:
    (A) The gear type used used to harvest the fish and appropriate 
``gear ID''.
    (B) If gear information is the same on subsequent pages, check the 
appropriate box instead of re-entering the information.
    (C) A description of the gear per the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
               If gear type is ...                                                            Then enter ...
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Pot                                           Number of pots set
(2) Hook-and-line                                 (i) Check the appropriate box to indicate whether gear is fixed hook (conventional or tub), autoline,
                                                   or snap (optional, but may be required by IPHC regulations).
                                                  (ii) Length of skate to the nearest foot (optional, but may be required by IPHC regulations).
                                                  (iii) Size of hooks, hook spacing in feet, and number of hooks per skate (optional, but may be
                                                   required by IPHC regulations).
                                                  (iv) Number of skates set
                                                  (v) Number of skates lost (if applicable) (optional, but may be required by IPHC regulations).
(3) Longline                                      Bird avoidance gear code (see Table 19 to this part)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (x) Separate logsheet, WPR, check-in/check-out report. The operator 
or manager must use a separate page (logsheet, WPR, check-in/check-out 
report) to record information as described in paragraphs (x)(A) through 
(E) of this section:
    (A) For each day of an active period, except shoreside processor or 
stationary floating processors may use one logsheet for each day of an 
active period or use one logsheet for up to 7 days.

[[Page 650]]

    (B) If harvest from more than one reporting area.
    (C) If harvest from COBLZ or RKCSA within a reporting area (see 
paragraph (a)(7)(xii)). Use two separate logsheets, the first to record 
the information from the reporting area that includes COBLZ or RKCSA, 
and the second to record the information from the reporting area that 
does not include COBLZ or RKCSA.
    (D) If harvest with more than one gear type.
    (E) If harvest under a separate management program. If harvest for 
more than one CDQ group, use a separate logsheet for each CDQ group 
number.
    (xi) Reporting area. The operator or manager must record the 
reporting area code (see Figures 1 and 3 to this part) where gear 
retrieval (see Sec. 679.2) was completed, regardless of where the 
majority of the set took place. Record in the DFL, BSR, DCPL, SPELR, 
WPR, DPR, and mothership or catcher/processor check-in/check-out report.
    (xii) Areas within a reporting area. If harvest was caught using 
trawl gear, the operator or manager must indicate whether fishing 
occurred in the COBLZ or RKCSA:

------------------------------------------------------------------------
                                           Area             Reference
------------------------------------------------------------------------
(A) COBLZ                          BSAI C. opilio        Figure 13 to
                                    Bairdi Bycatch        this part
                                    Limitation Zone.
(B) RKCSA                          Red King Crab         Figure 11 to
                                    Savings Area.         this part
------------------------------------------------------------------------

    (xiii) Observer information. Record the number of observers aboard 
or on site, the name of the observer(s), and the observer cruise 
number(s) in the DFL and DCPL. If a shoreside processor or stationary 
floating processor, record also the dates present for each observer.
    (xiv) Number of crew or crew size. Record the number of crew, 
excluding certified observer(s), on a mothership or catcher/processor 
WPR and in the BSR; on the last day of the weekly reporting period in a 
mothership or catcher/processor DCPL; and in the DFL on the last day of 
a trip for a catcher vessel.
    (xv) Management program. Indicate whether harvest occurred under one 
of the listed management programs in a DFL, BSR, DCPL, SPELR, WPR, DPR, 
or check-in/check-out report. If harvest is not under one of these 
management programs, leave blank.

------------------------------------------------------------------------
    If harvest made under ...      Indicate yes and
             program                 record the...         Reference
------------------------------------------------------------------------
(A) CDQ                           CDQ group number..  Subpart C to part
                                                       679
(B) Exempted Fishery              Exempted fishery    Sec.  679.6
                                   permit number.
(C) Research                      Research program    Sec.  600.745(a)
                                   permit number.      of this chapter
(D) IFQ                           IFQ permit          Subpart D to part
                                   number(s).          679
(E) AFA                           AFA Cooperative     Sec.  679.5(e)
                                   account number
                                   ONLY for landings
                                   from the directed
                                   pollock fishery
                                   that are counting
                                   against the coop
                                   quota. (Other
                                   species delivered
                                   at the same time
                                   can go on the
                                   same report.).
------------------------------------------------------------------------

    (8) Landings information--(i) Requirement. The manager of a 
shoreside processor or stationary floating processor must record 
landings information for all retained species from groundfish 
deliveries.
    (A) If recording in DCPL, or DPR, enter date of landing and daily 
weight and weekly cumulative weight by species code and product code.
    (B) If recording in WPR, enter weekly cumulative weight by species 
code and product code.
    (ii) Landings as product. If a shoreside processor or stationary 
floating processor receives groundfish, records them as landings in Part 
IB of the DCPL, and transfers these fish to another processor without 
further processing, the manager must also record the species code, 
product code, and weight of these fish in Part II of the DCPL prior to 
transfer.
    (9) Product information--(i) Requirement. The operator of a catcher/
processor or mothership or the manager of a shoreside processor or 
stationary floating processor must record groundfish product information 
for all retained species from groundfish deliveries.
    (A) If recording in DCPL or DPR, enter date of production (shoreside

[[Page 651]]

processor or stationary floating processor only); daily weight, balance 
forward (except shoreside processor or stationary floating processor), 
and weekly cumulative weight by species code, product code, and product 
designation.
    (B) If recording in WPR, enter weekly cumulative weight by species 
code, product code, and product designation.
    (ii) Custom processing. The operator of a catcher/processor or 
mothership or the manager of a shoreside processor or stationary 
floating processor must record products that result from custom 
processing by you for another processor. If you receive unprocessed or 
processed groundfish to be handled or processed for another processor or 
business entity, enter these groundfish in a DCPL and a WPR consistently 
throughout a fishing year using one of the following two methods:
    (A) Combined records. Record landings (if applicable), discards or 
dispositions, and products of contract-processed groundfish routinely in 
the DCPL, SPELR, WPR, and DPR without separate identification; or
    (B) Separate records. Record landings (if applicable), discards or 
dispositions, and products of custom-processed groundfish in a separate 
DCPL, WPR, and DPR identified by the name, Federal processor permit 
number or Federal fisheries permit number, and ADF&G processor code of 
the associated business entity.
    (10) Discard or disposition information--(i) Shoreside processor, 
stationary floating processor, mothership--(A) DCPL or DPR. (1) Except 
as described in paragraph (a)(10)(v) of this section, the manager of a 
shoreside processor or stationary floating processor, and the operator 
of a mothership must record in a DCPL and DPR, discard or disposition 
information that occurred on and was reported by a catcher vessel, that 
occurred on and was reported by a buying station, and that occurred 
prior to, during, and after production of groundfish.
    (2) Discard or disposition information must include: Date of discard 
or disposition (only shoreside processor or stationary floating 
processor); daily weight of groundfish; daily weight of Pacific herring 
PSC; daily number of PSC animals; balance forward (except shoreside 
processor or stationary floating processor); and weekly cumulative 
weight of groundfish and herring PSC; weekly cumulative number of PSC 
animals; species codes and product codes.
    (B) WPR. The manager of a shoreside processor or stationary floating 
processor, and the operator of a mothership must record in a WPR, 
discard or disposition information to include: week-ending date; weekly 
cumulative weight of groundfish and herring PSC; and weekly cumulative 
number of PSC animals by species code and product code.
    (ii) Catcher/processor--(A) DCPL or DPR. (1) The operator of a 
catcher/processor must record in a DCPL and DPR, discard or disposition 
information that occurred prior to, during, and after production of 
groundfish.
    (2) Discard or disposition information must include: Daily weight of 
groundfish; daily weight of herring PSC; daily number of PSC animals, 
balance forward, and weekly cumulative weight of groundfish and herring 
PSC; and weekly cumulative number of PSC animals by species code and 
product code.
    (B) WPR. The operator of a catcher/processor must record in a WPR, 
discard or disposition information to include: Week-ending date; weekly 
cumulative weight of groundfish and herring PSC; and weekly cumulative 
number of PSC animals by species code and product code.
    (iii) Buying station. The operator or manager of a buying station 
must record in a BSR discard or disposition information that occurred on 
and was reported by a catcher vessel and that occurred on and prior to 
delivery to an associated processor. Discard or disposition information 
must include: daily weight of groundfish, daily weight of herring PSC, 
and daily number of PSC animals by species code and product code.
    (iv) Catcher vessel. Except as described in paragraph (a)(10)(v) of 
this section, the operator of a catcher vessel must record in a DFL 
discard or disposition information that occurred on and prior to 
delivery to a buying station, mothership, shoreside processor, or 
stationary floating processor. Discard or disposition information

[[Page 652]]

must include daily weight of groundfish, daily weight of herring PSC, 
and daily number of PSC animals by species code and product code.
    (v) Exemption: Catcher vessel unsorted codends. If a catcher vessel 
is using trawl gear and deliveries to a mothership, shoreside processor, 
stationary floating processor, or buying station are of unsorted 
codends, the catcher vessel is exempt from recording discards in the DFL 
and from submittal of the blue DFL for that delivery.
    (vi) Discard quantities over maximum retainable amount. When fishing 
in an IFQ fishery and the fishery for Pacific cod or rockfish is closed 
to directed fishing but not in PSC status in that reporting area as 
described in Sec. 679.20, the operator must retain and record up to and 
including the maximum retainable amount for Pacific cod or rockfish as 
defined in Table 10 or 11 to this part; quantities over this amount must 
be discarded and recorded as discard in the logbook.
    (vii) Discard or disposition logbook recording time limits. The 
operator or manager must record discards and disposition information in 
the logbook within the time limits given in the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
         If participant type is a\1\ ...                                                  Record information ...
--------------------------------------------------------------------------------------------------------------------------------------------------------
(A) MS,SS,SFP                                     By noon each day to record the previous day's discard/disposition that:
                                                  (1) Occurs on site after receipt of groundfish from a CV or BS;
                                                  (2) Occurs during processing of groundfish received from a CV or BS.
                                                  (3) Was reported on a blue DFL received froma CV delivering groundfish;
                                                  (4) Was reported on a BSR received from a BS delivering groundfish, if different from blue DFL
(B) CV, C/P                                       By noon each day to record the previous day's discard/disposition.
(C) BS                                            By noon each day to record the previous day's discard/disposition that:
                                                  (1) Was reported on a blue DFL received from a CV delivering groundfish.
                                                  (2) Occurs on BS after receipt of harvest from a CV.
                                                  (3) Occurs prior to delivery of harvest to a MS, SS, or SFP.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ CV = Catcher vessel; SS = Shoreside processor; SFP = Stationary floating processor; MS = mothership; Catcher/processor = C/P; BS = Buying station

    (11) Delivery information--(i) Mothership, shoreside processor or 
stationary floating processor. The operator of a mothership or manager 
of a shoreside processor or stationary floating processor must record 
delivery information in a DCPL or SPELR when unprocessed groundfish 
deliveries are received from a buying station or a catcher vessel. 
Discards and dispositions also must be recorded when no groundfish are 
delivered but the blue DFL is submitted by a catcher vessel containing 
records of groundfish discards or disposition (e.g., an IFQ fish 
delivery with groundfish incidental catch).
    (ii) Buying station. (A) The operator or manager of a buying station 
must record delivery information in a BSR when unprocessed groundfish 
deliveries are received from a catcher vessel. Discards and dispositions 
also must be recorded when no groundfish are delivered but the blue DFL 
is submitted by a catcher vessel containing records of groundfish 
discards or disposition (e.g., an IFQ fish delivery with groundfish 
incidental catch).
    (B) In addition, a catcher vessel operator by prior arrangement with 
a processor may function as a buying station for his own catch by: 
Shipping his groundfish catch with a copy of the BSR directly to that 
processor via truck or airline in the event that the processor is not 
located where the harvest is offloaded; or by driving a truck that 
contains his catch and a copy of the BSR to the processor. When the 
shipment arrives at the processor, the information from the BSR must be 
incorporated by the manager of the shoreside processor or stationary 
floating processor into the DCPL.
    (iii) Required delivery information, Mothership, shoreside 
processor, stationary floating processor, or buying station--(A) Date of 
delivery. Enter date of delivery.
    (B) CV or BS. If a mothership, shoreside processor, or stationary 
floating processor, the manager or operator must:

[[Page 653]]

    (1) Enter CV or BS to indicate delivery from catcher vessel or 
buying station, respectively.
    (2) If delivery is from a buying station, keep the BSR for each 
delivery on file throughout the fishing year and for 3 years after the 
end of the fishing year.
    (C) Receive discard report. Indicate whether the blue DFL was 
received from the catcher vessel at the time of catch delivery. If 
delivery from a buying station, leave this column blank. If the blue DFL 
is not received from the catcher vessel, enter NO and the response code 
(example: NO-L) to describe the reason for non-submittal as follows:

------------------------------------------------------------------------
  If blue DFL not submitted by catcher
 vessel, record number followed by ...    To indicate the catcher vessel
------------------------------------------------------------------------
(1) P                                    Does not have a Federal
                                          fisheries permit
(2) P                                    Is under 60 ft (18.3 m) LOA and
                                          does not have a Federal
                                          fisheries permit
(3) L                                    Is under 60 ft (18.3 m) LOA and
                                          has a Federal fisheries permit
(4) U                                    Delivered an unsorted codend
(5) O                                    Other. Describe.
------------------------------------------------------------------------

    (D) Name and ADF&G vessel registration number (if applicable) of the 
catcher vessel or buying station delivering the groundfish;
    (E) Time (A.l.t.) when receipt of groundfish delivery was completed;
    (F) Mothership begin position. If a mothership, the mothership's 
begin position coordinates when receiving the groundfish delivery;
    (G) ADF&G fish ticket numbers. (1) If a mothership, shoreside 
processor, or stationary floating processor and receiving unprocessed 
groundfish from a catcher vessel, record in the DCPL and WPR the ADF&G 
fish ticket number issued to each catcher vessel; if receiving 
unprocessed groundfish from an associated buying station, record in the 
DCPL and WPR the ADF&Gfish ticket numbers issued by the buying station 
to the catcher vessel.
    (2) If a buying station and receiving unprocessed groundfish from a 
catcher vessel, record in the BSR the ADF&G fish ticket numbers issued 
to each catcher vessel.
    (H) Fish ticket numbers, state other than Alaska. If a shoreside 
processor located in a state other than Alaska and receiving unprocessed 
groundfish from a catcher vessel, record in the DCPL and WPR the fish 
ticket numbers issued for that non-Alaska state along with the two-
character abbreviation for that state.
    (I) Catch receipt numbers, state other than Alaska. If a shoreside 
processor located in a state other than Alaska where no fish ticket 
system is available and receiving unprocessed groundfish from a catcher 
vessel, record in the DCPL the catch receipt number issued to the 
catcher vessel.
    (iv) Catcher vessel using trawl gear. If a catcher vessel using 
trawl gear, indicate whether sorting of codend onboard or bleeding from 
a codend occurred prior to delivery to a mothership, shoreside 
processor, stationary floating processor, or buying station. If delivery 
is an unsorted codend, see paragraph (a)(10)(v) of this section. 
Delivery information required: The delivery date; the ADF&G fish ticket 
number(s) received for delivery; and recipient's name and ADF&G 
processor code.
    (v) Catcher vessel using longline or pot gear. If IFQ delivery, 
information required: the delivery date; the ADF&G fish ticket number(s) 
received at delivery; name of IFQ Registered Buyer receiving harvest; 
name of unloading port (see paragraph (l)(5)(vii) of this section and 
Table 14 to this part) or landing location. If non-IFQ delivery, 
information required: the delivery date; the ADF&G fish ticket number(s) 
received at delivery; name of recipient receiving harvest; name of 
unloading port (see Table 14 to this part) or landing location.
    (12) Alteration of records. (i) The operator, manager, or any other 
person may not alter or change any entry or record in a logbook, except 
that an inaccurate or incorrect entry or record may be corrected by 
lining out the original and inserting the correction, provided that the 
original entry or record remains legible. All corrections must be made 
in ink.
    (ii) No person except an authorized officer may remove any original 
page of any logbook.
    (13) Inspection and retention of records--(i) Inspection. The 
operator of a catcher vessel, catcher/processor or mothership, the 
manager of a shoreside

[[Page 654]]

processor or stationary floating processor, or the operator or manager 
of a buying station must make all logbooks, reports, forms, and 
mothership-issued fish tickets required under this section available for 
inspection upon the request of an authorized officer for the time 
periods indicated in paragraph (a)(13)(ii) of this section.
    (ii) Retention of records. The operator or manager must retain 
logbooks and forms as follows:
    (A) On site. On site at the shoreside facility or onboard the vessel 
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.
    (B) For 3 years. Make them available upon request of an authorized 
officer for 3 years after the end of the fishing year during which the 
records were made.
    (14) Submittal and distribution of logbooks and forms--(i) Submittal 
of forms. The operator or manager must submit to NMFS the check-in 
report, check-out report, VAR, WPR, DPR, and PTR (see Table 9 to this 
part), as applicable, by:
    (A) Faxing the NMFS printed form to the FAX number on the form; or
    (B) Telexing a data file to the telex number on the form.
    (C) Transmitting a data file with required information and forms to 
NMFS by e-mail, modem, or satellite (specifically INMARSAT standards A, 
B, or C).
    (D) With the approval of the Regional Administrator, using the 
voluntary electronic reporting format for the check-in report, check-out 
report, WPR, and SPELR.
    (ii) Logbook copy sets. (A) The copy sets of each logbook are 
described in the following table:

------------------------------------------------------------------------
             Type of logbook                         Copy sets
------------------------------------------------------------------------
(1) Catcher vessel longline and pot gear  White, blue, green, yellow,
 DFL                                       goldenrod
(2) Catcher vessel trawl gear DFL         White, blue, yellow, goldenrod
(3) Catcher/processor longline and pot    White, green, yellow,
 gear DCPL                                 goldenrod
(4) Catcher/processor trawl gear DCPL     White, yellow, goldenrod
(5) Mothership DCPL                       White, yellow, goldenrod
(6) Shoreside processor DCPL              White, yellow, goldenrod
------------------------------------------------------------------------

    (B) [Reserved]
    (iii) Logsheet distribution. The logsheet distribution is described 
in the following table:

------------------------------------------------------------------------
                                        Then, the operator or manager
        If logsheet is ...                         must...
------------------------------------------------------------------------
(A) White                           Retain, permanently bound in the
                                     logbook.
(B) Yellow                          Submit quarterly to:
                                    NOAA Office of Enforcement,
                                    Alaska Region
                                    Logbook Program,
                                    P.O.Box 21767
                                    Juneau, AK 99802-1767
                                    on the following schedule:
                                    1st quarter by May 1 of that fishing
                                     year
                                    2nd quarter by August 1 of that
                                     fishing year
                                    3rd quarter by November 1 of that
                                     fishing year
                                    4th quarter by February 1 of the
                                     following fishing year
(C) Blue                            (1) Catcher vessel. Except when
                                     delivering an unsorted codend (see
                                     paragraph (a)(10)(vi) of this
                                     section), submit to the buying
                                     station, mothership, shoreside
                                     processor or stationary floating
                                     processor that receives the
                                     harvest.
                                    (2) Buying station. Submit upon
                                     delivery of catch to an associated
                                     mothership, shoreside processor, or
                                     stationary floating processor any
                                     blue DFL received from catcher
                                     vessels delivering groundfish to
                                     the buying station.
(D) Green                           Longline and pot gear DFL and DCPL.
                                     To support a separate IFQ data
                                     collection by the IPHC under the
                                     joint NMFS/IPHC logbook program;
                                     check with the IPHC for submittal
                                     and retention requirements.
(E) Goldenrod                       Submit to the observer onboard or
                                     onsite after the logsheet is signed
                                     by the operator or manager.
------------------------------------------------------------------------


[[Page 655]]

    (iv) Logbook time limits. The following table displays the 
responsibilities of the operator or manager to submit the identified 
logsheet within a specified time limit:
[GRAPHIC] [TIFF OMITTED] TR28JA02.067


[[Page 656]]


    (15) Transfer comparison. The operator, manager, or Registered Buyer 
must refer to the following table for submittal, issuance, and 
possession requirements for each type of transfer activity of non-IFQ 
groundfish, IFQ halibut, IFQ sablefish, and CDQ halibut.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Submittal                            Issue           Ppssess
                                                                  --------------------------------------------------------------------------------------
                                                                                     Trans-shipment       Departure      Dockside sale    Landing report
                                                                     VAR     PTR      authorization         report          receipt          receipt
--------------------------------------------------------------------------------------------------------------------------------------------------------
(i) If a catcher vessel, mothership or catcher/processor leaving       X   ......  ..................  ...............  ...............  ...............
 or entering Alaska with non-IFQ groundfish and no IFQ product or
 CDQ halibut product onboard (see Sec.  679.5(k)))...............
(ii) If a vessel leaving Alaska with IFQ sablefish, IFQ halibut,   ......  ......  ..................               X   ...............  ...............
 or CDQ halibut but no other non-IFQ groundfish onboard (see Sec.
  679.5(l)(4))...................................................
(iii) If a vessel leaving Alaska with IFQ sablefish, IFQ halibut,      X   ......  ..................               X   ...............  ...............
 or CDQ halibut and other non-IFQ groundfish onboard (see Secs.
 679.5(k) and 679.5(l)(4)).......................................
(iv) Transfer of non-IFQ groundfish (see Sec.  679.5(g)).........  ......      X   ..................  ...............  ...............  ...............
(v) Transfer of IFQ species or CDQ halibut from a Registered       ......      X   ..................  ...............  ...............  ...............
 Buyer (see Sec.  679.5(g))......................................
(vi) Transfer of IFQ species from IFQ Cardholder or CDQ halibut    ......  ......  ..................  ...............             XXX   ...............
 from CDQ halibut Cardholder with a Registered Buyer permit in a
 dockside sale (see Sec.  679.5(l)(5))...........................
(vii) Transfer of IFQ species or CDQ halibut from landing site to  ......  ......  ..................  ...............  ...............              XX
 Registered Buyer's processing facility (see Sec.
 679.5(g)(1)(vi))................................................
(viii) Transshipment of IFQ processed product or CDQ halibut       ......  ......               XXXX   ...............  ...............  ...............
 processed product between vessels (see Sec.  679.5(l)(3)).......
--------------------------------------------------------------------------------------------------------------------------------------------------------
 ``X'' indicates under what circumstances each report is submitted;
 ``XX'' indicates that the document must accompany the transfer of IFQ species from landing site to processor;
 ``XXX'' indicates receipt must be issued to each receiver in a dockside sale;
 ``XXXX'' indicates authorization must be obtained 24 hours in advance.

    (b) Representative. (1) The operator of a catcher vessel, 
mothership, catcher/processor, or buying station delivering to a 
mothership or manager of a shoreside processor or stationary floating 
processor or buying station delivering to a shoreside processor or 
stationary floating processor may identify one contact person to 
complete the logbook and forms and to respond to 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)(2) of this section.
    (2) Except for a DFL, BSR, PTR, or DCPL, the operator or manager 
must provide the following representative identification information: 
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 check-in/check-out report, the 
representative's COMSAT number.
    (c) Catcher vessel DFL and catcher/processor DCPL--(1) Longline and 
pot DFL and DCPL. In addition to information required at paragraphs (a) 
and (b) of this section, the operator of a catcher vessel or a catcher/
processor using longline or pot gear to harvest groundfish or the 
operator of a catcher vessel or a catcher/processor using longline or 
pot gear to harvest IFQ sablefish or IFQ halibut must record in the DFL 
or DCPL:
    (i) Gear type;

[[Page 657]]

    (ii) IFQ permit number of the operator, if any, and of each IFQ 
holder aboard the vessel;
    (iii) Groundfish CDQ group number;
    (iv) Halibut CDQ permit number;
    (v) The set number, sequentially by year;
    (vi) Date, time, and begin position coordinates of gear deployment;
    (vii) Begin and end buoy or bag numbers (optional, but may be 
required by IPHC regulations);
    (viii) Date, time, and end position coordinates of gear retrieval;
    (ix) Begin and end gear depths, recorded to the nearest fathom 
(optional, but may be required by IPHC regulations);
    (x) Number of skates or pots set;
    (xi) Number of skates or pots lost (optional, but may be required by 
IPHC regulations);
    (xii) Target species code;
    (xiii) Estimated catch weight of IFQ halibut and CDQ halibut to the 
nearest pound, indicate ``CDQ'' above the amount of CDQ halibut;
    (xiv) Estimated weight of IFQ sablefish to the nearest pound;
    (xv) Indicate whether IFQ sablefish product is Western cut, Eastern 
cut, or round weight;
    (xvi) Number of sablefish;
    (xvii) The bird avoidance gear code;
    (xviii) If a catcher/processor, enter separately the round catch 
weight of pollock and Pacific cod to the nearest pound or metric ton and 
the estimated total round catch weight of all retained species combined, 
except sablefish, halibut, pollock and Pacific cod to at least the 
nearest 0.001 mt; and
    (xix) If a catcher vessel, the estimated total round catch weight of 
all species combined, except sablefish and halibut.
    (2) Trawl gear DFL and DCPL. In addition to information required at 
paragraphs (a) and (b) of this section, the operator of a catcher vessel 
or a catcher/processor using trawl gear to harvest groundfish must 
record in the DFL or DCPL:
    (i) Whether nonpelagic trawl or pelagic trawl;
    (ii) Haul number, sequentially by year;
    (iii) Time and begin position coordinates of gear deployment;
    (iv) Date, time, and end position coordinates of gear retrieval;
    (v) Average sea depth and average gear depth, recorded to the 
nearest meter or fathom and whether depth recorded in meters or fathoms;
    (vi) Target species code;
    (vii) If a catcher/processor, enter separately the round catch 
weight of pollock, Pacific cod, and the estimated total round catch 
weight of all retained species, except Pacific cod and pollock, and 
indicate whether weight is recorded to the nearest pound or metric ton;
    (viii) If a catcher vessel, enter the estimated total round catch 
weight of all retained species.
    (d) Buying station report (BSR)--(1) In addition to information 
required at paragraphs (a) and (b) of this section, the operator or 
manager of a buying station must:
    (i) Enter on each BSR the name, ADF&G processor code, and Federal 
fisheries or processor permit number of its associated processor, date 
delivery completed, and time delivery completed;
    (ii) Record each delivery of unprocessed groundfish or donated 
prohibited species to an associated processor on a separate BSR.
    (iii) Ensure that a BSR, along with any blue DFLs received from a 
catcher vessel, accompanies each groundfish delivery from the landing 
site to the associated processor.
    (iv) Retain a copy of each BSR.
    (v) In addition to recording the total estimated delivery weight or 
actual scale weight of a catcher vessel delivery, the operator or 
manager of a buying station may enter specific species codes and weights 
(in lb or mt) to the BSR.
    (2) The operator or manager must record all information required and 
sign the BSR within 2 hours of completion of delivery from catcher 
vessel.
    (e) Shoreside processor electronic logbook report (SPELR). (1) The 
owner or manager must use SPELR or NMFS-approved software for the 
duration of the fishing year to report every delivery, including but not 
limited to groundfish from AFA catcher vessels and pollock from a 
directed pollock fishery participant, from all catcher

[[Page 658]]

vessels and maintain the SPELR and printed reports as described at 
paragraph (f) of this section, if a shoreside processor or stationary 
floating processor:
    (i) Receives groundfish from AFA catcher vessels; or
    (ii) Receives pollock harvested in a directed pollock fishery.
    (2) The owner or manager of a shoreside processor or stationary 
floating processor that is not required to use SPELR under paragraph 
(e)(1) of this section may use, upon approval by the Regional 
Administrator, SPELR or NMFS-approved software in lieu of the shoreside 
processor DCPL and shoreside processor WPR. Processors using the SPELR 
must maintain the SPELR and printed reports as described in this 
paragraph (e) and at paragraph (f) of this section.
    (3) Exemptions. The owner or manager who uses the SPELR per 
paragraphs (e)(1) and (2) of this section is exempt from the following 
requirements:
    (i) Maintain shoreside processor DCPL.
    (ii) Submit quarterly DCPL logsheets to NOAA Fisheries, Office for 
Law Enforcement (OLE), Juneau, as described at paragraph (a)(14)(iii) of 
this section.
    (iii) Maintain and submit WPRs to the Regional Administrator as 
described at paragraph (i) of this section.
    (iv) If receiving deliveries of fish under a CDQ program, submit CDQ 
delivery reports to the Regional Administrator as described at paragraph 
(n)(1) of this section.
    (4) Time limit and submittal. (i) The SPELR must be submitted daily 
to NMFS as an electronic file. A dated return-receipt will be generated 
and sent by NMFS to the processor confirming receipt and acceptance of 
the report. The owner or manager must retain the return receipt as proof 
of report submittal. If an owner or manager does not receive a return 
receipt from NMFS, the owner or manager must contact NMFS within 24 
hours for further instruction on submittal of SPELRs.
    (ii) Daily information described at paragraph (e)(6) of this section 
must be entered into the SPELR each day on the day they occur.
    (iii) Except as indicated in paragraph (e)(4)(iv) of this section, 
information for each delivery described at paragraph (e)(7) of this 
section must be submitted to the Regional Administrator by noon of the 
following day for each delivery of groundfish.
    (iv) If a shoreside processor or stationary floating processor using 
the SPELR or equivalent software is not taking deliveries over a weekend 
from one of the AFA-permitted catcher vessels listed on NMFS Alaska 
Region web page at http://www.fakr.noaa.gov/ram the SPELR daily report 
may be transmitted on Monday.
    (5) Information entered once (at software installation) or whenever 
it changes. The owner or manager must enter the following information 
into the SPELR when software is installed or whenever any of the 
information changes:
    (i) Shoreside processor or stationary floating processor name, ADF&G 
processor code, Federal processor permit number, and processor e-mail 
address;
    (ii) State port code as described in Table 14 to this part;
    (iii) Name, telephone and FAX numbers of representative.
    (6) Information entered daily. The owner or manager must daily enter 
the following information into the SPELR:
    (i) Whether no deliveries or no production;
    (ii) Number of observers on site;
    (iii) Whether harvested in BSAI or GOA;
    (iv) Product by species code, product code, and product designation;
    (v) Product weight (in lb or mt).
    (7) Information entered for each delivery. The owner or manager must 
enter for each delivery the following information into the SPELR:
    (i) Date fishing began; delivery date; vessel name and ADF&G vessel 
registration number; ADF&G fish ticket number of delivery; management 
program name and identifying number (if any); gear type of harvester; 
landed species of each delivery by species code, product code, and 
weight (in pounds or mt); ADF&G statistical area(s) where fishing 
occurred and estimated percentage of total delivered weight 
corresponding to each area; and whether delivery is from a buying 
station.

[[Page 659]]

    (ii) If delivery received from a buying station, indicate name and 
type of buying station (vessel, vehicle, or other); date harvest 
received by buying station; if a vessel, ADF&G vessel registration 
number; if a vehicle, license plate number; if other than a vessel or 
vehicle, description.
    (iii) Whether a blue DFL was received from catcher vessel; if not 
received, reason given; discard or disposition species; if groundfish or 
PSC herring, enter species code, product code, and weight (in pounds or 
mt); if PSC halibut, salmon, or crab, enter species code, product code, 
and count (in numbers of animals).
    (iv) If a CDQ delivery, enter species code, product code, weight (in 
pounds or mt) and count of PSQ halibut.
    (f) SPELR printed reports--(1) Requirement--(i) Daily printouts. The 
manager daily must print onsite at the shoreside processor or stationary 
floating processor two reports: a shoreside logbook daily production 
report and a delivery worksheet using pre-determined formats generated 
by the SPELR or NMFS-approved software.
    (ii) Signature. The owner or manager of the shoreside processor or 
stationary floating processor must sign and enter date of signature onto 
each SPELR printed report. The signature of the owner or manager on 
SPELR printed reports is verification of acceptance of the 
responsibility required in paragraphs (e) and (f) of this section.
    (iii) Delivery worksheet. The Delivery Worksheet results from a 
SPELR or NMFS-approved pre-determined format of the data; it summarizes 
daily landings and discards.
    (iv) Shoreside logbook daily production report. The Shoreside 
Logbook Daily Production Report results from a SPELR or NMFS-approved 
pre-determined format of the data; it summarizes daily production.
    (2) Retention. The manager must retain the paper copies of the 
reports described in paragraph (f)(1) of this section as follows:
    (i) Onsite. Onsite at the shoreside processor or stationary floating 
processor until the end of the fishing year during which the reports 
were made and for as long thereafter as fish or fish products recorded 
in the reports are retained.
    (ii) For 3 years. For 3 years after the end of the fishing year 
during which the reports were made.
    (3) Inspection. The owner or manager must make available the reports 
described in paragraph (f)(1) of this section upon request of observers, 
NMFS personnel, and authorized officers.
    (g) Product Transfer Report (PTR)--(1) General requirements. Except 
as provided in paragraphs (g)(1)(i) through (vi) of this section, the 
operator of a mothership or catcher/processor or the manager of a 
shoreside processor or stationary floating processor must complete and 
submit a separate PTR for each transfer (shipment or receipt) of 
groundfish and donated prohibited species caught in groundfish 
fisheries. In addition, a Registered Buyer must submit a separate PTR 
for each transfer (shipment only) of halibut or sablefish for which the 
Registered Buyer submitted an IFQ landing report or was required to 
submit an IFQ landing report. A PTR is not required to accompany a 
shipment or transfer.
    (i) Exemption: Bait sales (non-IFQ groundfish only). The operator or 
manager may aggregate individual sales or transfers of non-IFQ 
groundfish to vessels for bait purposes during a day onto one PTR when 
recording the amount of such bait product transferred from a vessel or 
facility that day.
    (ii) Exemption: Retail sales. For retail sales destined for human 
consumption and weighing less than 10 lb or 4.5 kilograms, the operator, 
manager, or Registered Buyer may aggregate and record on one PTR, the 
amount of such retail product transferred during one calendar day.
    (iii) Exemption: Wholesale sales (non-IFQ groundfish only). The 
operator or manager may aggregate and record on one PTR, wholesale sales 
of non-IFQ groundfish by species when recording the amount of such 
wholesale species leaving a vessel or facility in one calendar day, if 
invoices detailing destinations for all of the product are available for 
inspection by an authorized officer.

[[Page 660]]

    (iv) Exemption: Registered Buyers: Registered Buyers are not 
required to submit a PTR for ``receipt'' of IFQ halibut, CDQ halibut, or 
IFQ sablefish.
    (v) Exemption: Dockside sales. (A) A person holding a valid IFQ 
permit, IFQ card, and Registered Buyer permit may conduct a dockside 
sale of IFQ halibut or IFQ sablefish with a person who has not been 
issued a Registered Buyer permit after all IFQ fish have been landed and 
reported in accordance with Sec. 679.5(l).
    (B) A person holding a valid halibut CDQ permit, halibut CDQ card, 
and Registered Buyer permit may conduct a dockside sale of CDQ halibut 
with a person who has not been issued a Registered Buyer permit after 
all CDQ halibut have been landed and reported in accordance with 
Sec. 679.5(l).
    (C) A Registered Buyer conducting dockside sales must issue a 
receipt to each individual receiving IFQ halibut, CDQ halibut, or IFQ 
sablefish in lieu of a PTR. This receipt must include the date of sale 
or transfer, the Registered Buyer permit number, and the weight by 
product of the IFQ halibut, CDQ halibut or IFQ sablefish transferred. 
The Registered Buyer must maintain a copy of each dockside sales receipt 
as described in Sec. 679.5(l).
    (vi) Exemption: transfer directly from the landing site to a 
processing facility (CDQ halibut, IFQ halibut, or IFQ sablefish only). A 
PTR is not required for transportation of unprocessed IFQ halibut, IFQ 
sablefish, and CDQ halibut directly from the landing site to a facility 
for processing, provided the following conditions are met:
    (A) A copy of the IFQ Landing Report receipt (Internet or 
transaction terminal receipt) documenting the IFQ landing accompanies 
the offloaded IFQ halibut, IFQ sablefish, and CDQ halibut while in 
transit.
    (B) A copy of the IFQ Landing Report receipt is available for 
inspection by an authorized officer.
    (C) The Registered Buyer submitting the IFQ Landing Report completes 
a PTR for each transfer from the processing facility of IFQ halibut, CDQ 
halibut and IFQ sablefish transported in this manner.
    (2) Time limits and submittal. The operator of a mothership or 
catcher/processor, a Registered Buyer, or manager of a shoreside 
processor or stationary floating processor must:
    (i) Record on PTR. Record all product transfer information on a PTR 
within 2 hours of the completion of the transfer.
    (ii) Submit original PTR. Submit by FAX or electronic file a copy of 
each PTR to OLE, Juneau, AK (907-586-7313), by 1200 hours, A.l.t., on 
the Tuesday following the end of the applicable weekly reporting period 
in which the transfer occurred.
    (iii) Submit revised PTR. Ensure that, if any information on the 
original PTR changes prior to the first destination of the shipment, a 
revised PTR is submitted by FAX or electronic file to OLE, Juneau, AK 
(907-586-7313), by 1200 hours, A.l.t., on the Tuesday following the end 
of the applicable weekly reporting period in which the change occurred.
    (3) General information. The operator, manager, or Registered Buyer 
must record on a PTR:
    (i) Whether original or revised PTR;
    (ii) Whether you are the shipper or receiver;
    (4) Receiver information. If documenting receipt of non-IFQ 
groundfish, the operator or manager must check ``Receiver'' enter your 
representative's name, telephone number, and FAX number; start and 
finish date and time of product transfer, position of product transfer 
(if applicable), port or location of transfer and:

------------------------------------------------------------------------
         Enter under ``Receiver''              Enter under ``Shipper''
------------------------------------------------------------------------
Your processor's name, Federal fisheries    Other processor's name and
 or Federal processor permit.                Federal fisheries or
                                             Federal processor permit
                                             (if applicable).
------------------------------------------------------------------------

    (5) Shipper information. If documenting transfer of product away 
from your facility or transfer of product off of your vessel, the 
operator, manager, or Registered Buyer must enter the name of the 
individual representing the Registered Buyer, telephone number, and FAX 
number, check ``Shipper'' and:

------------------------------------------------------------------------
                                             Enter under ``Shipper'' . .
         If you are shipping . . .                        .
------------------------------------------------------------------------
(i) Non-IFQ groundfish....................  Your processor's name,
                                             Federal fisheries or
                                             Federal processor permit
                                             number.
(ii) IFQ halibut, CDQ halibut or IFQ        Your Registered Buyer name
 sablefish.                                  and permit number.

[[Page 661]]

 
(iii) Both non-IFQ groundfish and IFQ       Your processor's name and
 halibut, CDQ halibut or IFQ sablefish on    Federal fisheries permit
 the same PTR.                               number or Federal processor
                                             permit number; or your
                                             Registered Buyer's name and
                                             permit number.
------------------------------------------------------------------------

    (iv) Using descriptions from the following table, enter receiver 
information, date and time of product transfer, location of product 
transfer (e.g., port, position coordinates, or city), mode of 
transportation, and intended route.

----------------------------------------------------------------------------------------------------------------
                                                                 Then enter . . .
                               ------------------------------------------------------------------------------------
If you are the shipper and . .                                                               Mode of
               .                                     Date & time of      Location of     transportation   Intended
                                     Receiver       product transfer  product transfer    and intended      route
                                                                                              route
-------------------------------------------------------------------------------------------------------- ----------
(A) Receiver is on land and     Receiver name and  Date and time      Port or city of   Name of the
 transfer involves one van,      Federal            when shipment      product           shipping
 truck, or vehicle.              fisheries or       leaves the plant.  transfer.         company;
                                 Federal                                                 destination
                                 processor permit                                        city and state
                                 number (if any).                                        or foreign
                                                                                         country.
(B) Receiver is on land and     Receiver name and  Date and time      Port or city      Name of the
 transfer involves multiple      Federal            when loading of    product           shipping
 vans, trucks, or vehicles.      fisheries or       vans or trucks     transfer.         company;
                                 Federal            is completed                         destination
                                 processor permit   each day.                            city and state
                                 number (if any).                                        or foreign
                                                                                         country.
(C) Receiver is on land and     Receiver name and  Date and time      Port or city of   Name of the
 transfer involves one airline   Federal            when shipment      product           airline
 flight.                         fisheries or       leaves the plant.  transfer.         company;
                                 Federal                                                 destination
                                 processor permit                                        airport city
                                 number (if any).                                        and state.
(D) Receiver is on land and     Receiver name and  Date and time of   Port or city of   Name of airline
 transfer involves multiple      Federal            shipment when      product           company(s);
 airline flights.                fisheries or       the last airline   transfer.         destination
                                 Federal            flight of the                        airport(s) city
                                 processor permit   day leaves.                          and state.
                                 number (if any).
(E) Receiver is a vessel and    Vessel name and    Start and finish   Transfer          The first
 transfer takes occurs at sea.   call sign.         dates and times    position          destination of
                                                    of transfer.       coordinates in    the vessel.
                                                                       latitude and
                                                                       longitude, in
                                                                       degrees and
                                                                       minutes.
(F) Receiver is a vessel and    Vessel name and    Start and finish   Port or position  The first
 transfer takes place in port.   call sign.         dates and times    of product        destination of
                                                    of transfer.       transfer.         the vessel.
(G) Receiver is an agent        Agent name and     Transfer start     Port, city, or    Name (if
 (buyer, distributor, or         location (city,    and finish dates   position of       available) of
 shipping agent) and transfer    state).            and times.         product           the vessel
 is in a containerized van(s).                                         transfer.         transporting
                                                                                         the van;
                                                                                         destination
                                                                                         port.
(H) You are aggregating         ``RETAIL SALES''.  Time of the first  Port or city of   n/a
 individual retail sales for                        sale of the day;   product
 human consumption in                               time of the last   transfer.
 quantities less than 10 lb                         sale of the day.
 (0.0045 mt) per sale during a
 day onto one PTR.
(I) You are aggregating         ``BAIT SALES''...  Time of the first  Port or city of   n/a
 individual bait sales during                       sale of the day;   product
 a day onto one PTR (non-IFQ                        time of the last   transfer.
 groundfish only).                                  sale of the day.

[[Page 662]]

 
(J) Non-IFQ Groundfish only.    ``WHOLESALE        Time of the first  Port or city of   n/a
 You are aggreating wholesale    SALES''.           sale of the day;   product
 non-IFQ groundfish product                         time of the last   transfer.
 sales by species during a                          sale of the day.
 single day onto one PTR and
 maintaining invoices
 detailing destinations for
 all of the product for
 inspection by an authorized
 officer.
----------------------------------------------------------------------------------------------------------------

    (6) Products shipped or received. The operator, manager, or 
Registered Buyer must record the following information for each product 
transferred:
    (i) Species code and product code. The species code and product code 
(Tables 1 and 2 to this part).
    (ii) Species weight. Use only if recording two or more species with 
two or more product types contained within the same production unit. 
Enter the actual scale weight of each product of each species to the 
nearest kilogram or pound (indicate which). If not applicable, enter 
``n/a'' in the species weight column. If using more than one line to 
record species in one carton, use a brace ``{time} '' to tie the carton 
information together.
    (iii) Number of units. Total number of production units (blocks, 
trays, pans, individual fish, boxes, or cartons; if iced, enter number 
of totes or containers).
    (iv) Unit weight. Unit weight (average weight of single production 
unit as listed in ``No. of Units'' less packing materials) for each 
species and product code in kilograms or pounds (indicate which).
    (v) Total weight. Total weight for each species and product code of 
shipment less packing materials in kilograms or pounds (indicate which).
    (7) Total or partial offload. (i) If a mothership or catcher/
processor, the operator must indicate whether the transfer is a total or 
partial offload.
    (ii) If a partial offload, for the products remaining on board after 
the transfer, the operator must enter: species code, product code, and 
total product weight to the nearest kilogram or pound (indicate which) 
for each product.
    (h) Check-in/check-out report--(1) Time limits and submittal. The 
operator of a catcher/processor or mothership or the manager of a 
shoreside processor or stationary floating processor must submit a 
check-in report prior to becoming active (see paragraph 679.5(a)(7)(i) 
of this section) and a check-out report for every check-in report 
submitted. Check-in and check-out reports must be submitted within the 
appropriate time limits to the Regional Administrator by FAX or Telex; 
or transmit a data file by e-mail, modem, or satellite (specifically 
INMARSAT standards A, B, or C); or transmit by voluntary electronic 
check-in and check-out reports.
    (i) Check-in report (BEGIN message). Except as indicated in 
paragraph (h)(1)(iii) of this section the operator or manager must 
submit a check-in report according to the following table:

[[Page 663]]

[GRAPHIC] [TIFF OMITTED] TR28JA02.071

    (ii) Check-out report (CEASE message). Except as indicated in 
paragraph (h)(1)(iii) of this section, the operator or manager must 
submit a check-out report according to the following table:

[[Page 664]]



----------------------------------------------------------------------------------------------------------------
 Submit a separate CEASE message for ...        If you are a ...                 Within this time limit
----------------------------------------------------------------------------------------------------------------
(A) COBLZ or RKCSA                        (1) C/P using trawl gear...  Upon completion of gear retrieval for
                                          (2) MS, SS, SFP............   groundfish, submit a separate check-out
                                                                        for the COBLZ or RKCSA and another check-
                                                                        out for the area outside the COBLZ or
                                                                        RKCSA.
                                                                       If receiving groundfish harvested with
                                                                        trawl gear, upon completion of receipt
                                                                        of groundfish, submit a separate check-
                                                                        out for the COBLZ or RKCSA and another
                                                                        check-out for the area outside the COBLZ
                                                                        or RKCSA.
(B) Processor type                        C/P, MS....................  Upon completion of simultaneous activity
                                                                        as both catcher/ processor and
                                                                        mothership, a separate check-out, one
                                                                        for catcher/processor and one for
                                                                        mothership.
(C) Gear Type                             (1) C/P....................  Upon completion of gear retrieval for
                                          (2) MS, SS, SFP............   groundfish, submit a separate check-out
                                                                        for each gear type for which a check-in
                                                                        was submitted.
                                                                       Upon completion of receipt of groundfish,
                                                                        submit a separate check-out for each
                                                                        gear type for which a check-in was
                                                                        submitted.
(D) CDQ                                   (1) C/P....................  Within 24 hours after groundfish CDQ
                                          (2) MS, SS, SFP............   fishing for each CDQ group has ceased.
                                                                       Within 24 hours after receipt of
                                                                        groundfish CDQ has ceased for each CDQ
                                                                        group.
(E) Exempted or Research Fishery          (1) C/P....................  If groundfish are caught during an
                                          (2) MS, SS, SFP............   exempted or research fishery, submit a
                                                                        separate check-out for each type for
                                                                        which a check-in was submitted.
                                                                       Upon completion of receipt of groundfish
                                                                        under an exempted or research fishery,
                                                                        submit a separate check-out for each
                                                                        type for which a check-in was submitted.
(F) Reporting Area                        (1) C/P using longline or    Upon completion of gear retrieval and
                                           pot gear.                    within 24 hours after departing each
                                                                        reporting area
                                          (2) C/P using trawl gear...  Within 24 hours after departing a
                                                                        reporting area but prior to checking-in
                                                                        another reporting area
                                          (3) SS, SFP................  Within 48 hours after the end of the
                                                                        applicable weekly reporting period that
                                                                        a shoreside processor or stationary
                                                                        floating processor ceases to receive or
                                                                        process groundfish from that reporting
                                                                        area for the fishing year.
                                          (4) MS, SS, SFP............  If receipt of groundfish from a reporting
                                                                        area is expected to stop for a period of
                                                                        time (month(s)) during the fishing year
                                                                        and then start up again, may submit a
                                                                        check-out report for that reporting area
                                          (5) MS.....................  Within 24 hours after receipt of fish is
                                                                        complete from that reporting area.
(G) Change of fishing year                C/P, MS, SS, SFP...........  If a check-out report was not previously
                                                                        submitted during a fishing year for a
                                                                        reporting area, submit on December 31, a
                                                                        check-out report for each reporting
                                                                        area.
(H) Interruption of production            SS, SFP....................  If receipt of groundfish from a reporting
                                                                        area is expected to stop for a period of
                                                                        time (month(s)) during the fishing year
                                                                        and then start up again, the manager may
                                                                        choose to submit a check-out report for
                                                                        that reporting area.
----------------------------------------------------------------------------------------------------------------

    (iii) Exception, two adjacent reporting areas. If on the same day a 
catcher/processor intends to fish in two adjacent reporting areas (an 
action which would require submittal of check-out reports and check-in 
reports multiple times a day when crossing back and forth across a 
reporting area boundary), and the two reporting areas have on that day 
and time an identical fishing status for every species, the operator 
must:
    (A) Submit to NMFS a check-in report to the first area prior to 
entering the first reporting area, and
    (B) Submit to NMFS a check-in report to the second area prior to 
entering the second reporting area.
    (C) Remain within 10 nautical miles (18.5 km) of the boundary 
described in paragraph (h)(1)(iii) of this section.
    (D) If the catcher/processor proceeds in the second reporting area 
beyond 10 nautical miles (18.5 km) of the boundary between the two 
areas, the operator must submit a check-out report from the first 
reporting area. The operator must submit a check-out report from the 
second area upon exiting that reporting area (see paragraph (h)(1)(ii)of 
this section).
    (2) Transit through reporting areas. The operator of a catcher/
processor or mothership is not required to submit a check-in or check-
out report if the vessel is transiting through a reporting area and is 
not fishing or receiving fish.
    (3) Required information. The operator of a mothership or catcher/
processor or the manager of a shoreside processor or stationary floating 
processor must record the following information.
    (i) For each check-in and check-out report. (A) Whether an original 
or revised report;

[[Page 665]]

    (B) Participant identification information (see paragraph (a)(5) of 
this section);
    (C) Representative information (see paragraph (b)(2) of this 
section);
    (D) Management program name and identifying number (if any);
    (E) If a mothership or catcher/processor, processor type and gear 
type.
    (ii) For each check-in report, mothership. (A) Date and time when 
receipt of groundfish will begin;
    (B) Position coordinates where groundfish receipt begins;
    (C) Reporting area code where gear deployment begins;
    (D) Primary and secondary 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.
    (iii) For each check-in report, catcher/processor. (A) Date and time 
when gear deployment will begin;
    (B) Position coordinates where gear is deployed;
    (C) Reporting area code of groundfish harvest;
    (D) Primary and secondary target 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.
    (iv) For each check-in report, shoreside processor or stationary 
floating processor: (A) Indicate check-in report;
    (B) Date facility will begin to receive groundfish;
    (C) Whether checking in for the first time this fishing year or 
checking in to restart receipt and processing of groundfish after filing 
a check-out report;
    (D) The product weight of all fish or fish products (including non-
groundfish) remaining at the facility (other than public cold storage) 
by species code and product code;
    (E) Whether pounds or 0.001 mt.
    (v) For each check-out report, mothership: Date, time, reporting 
area code, and position coordinates where the last receipt of groundfish 
was completed.
    (vi) For each check-out report, catcher/processor: date, time, 
reporting area code, and position coordinates where the vessel departed 
the reporting area.
    (vii) For each check-out report, shoreside processor or stationary 
floating processor: (A) Indicate check-out report;
    (B) Date facility ceased to receive or process groundfish;
    (C) The product weight of all fish or fish products (including non-
groundfish) remaining at the facility (other than public cold storage) 
by species code and product code;
    (D) Whether pounds or 0.001 mt.
    (i) Weekly Production Report (WPR)--(1) Who needs to submit a weekly 
production report? (i) Except as indicated in paragraph (i)(1)(iii) of 
this section, the operator or manager must submit a WPR for any week the 
mothership, catcher/processor, shoreside processor, or stationary 
floating processor is checked-in pursuant to paragraph (h)(2) of this 
section.
    (ii) If a vessel is operating simultaneously during a weekly 
reporting period as both a catcher/processor and a mothership, the 
operator must submit two separate WPRs for that week, one for catcher/
processor fishing activity and one for mothership fishing activity.
    (iii)  Exemption. If using SPELR or software approved by the 
Regional Administrator as described in Sec. 679.5(e), a shoreside 
processor or stationary floating processor is exempt from the 
requirements to submit a WPR.
    (2) Time limit and submittal. The operator or manager must submit a 
separate WPR by FAX or electronic file to the Regional Administrator by 
1200 hours, A.l.t. on Tuesday following the end of the applicable weekly 
reporting period.
    (3) Submit separate WPR. The operator or manager must submit a 
separate WPR if:
    (i) Processor type. For each processor type if a catcher/processor 
is functioning simultaneously as a Mothership in the same reporting 
area.
    (ii) Gear type. For each gear type of harvester if groundfish are 
caught in the same reporting area using more than one gear type.
    (iii) COBLZ or RKCSA. If groundfish are caught with trawl gear, 
submit one report for fish harvested in the COBLZ or RKCSA and another 
report for fish

[[Page 666]]

harvested outside the COBLZ or RKCSA.
    (iv) Management Program. If groundfish are caught under a specific 
management program, submit a separate report for each program.
    (v) Reporting area. For each reporting area, except 300, 400, 550, 
or 690.
    (vi) Change of fishing year. If continually active through the end 
of one fishing year and at the beginning of a second fishing year, the 
operator or manager must submit a WPR for each reporting area:
    (A) To complete the year at midnight, December 31, if still 
conducting fishing activity regardless of where this date falls within 
the weekly reporting period.
    (B) To start the year on January 1, if still conducting fishing 
activity regardless of where this date falls within the weekly reporting 
period.
    (4) Required information. The operator or manager must record:
    (i) Whether original or revised WPR;
    (ii) Week-ending date;
    (iii) Participant identification information (see paragraph (a)(5) 
of this section);
    (iv) Representative information (see paragraph (b)(2) of this 
section);
    (v) Date (month-day-year) WPR completed;
    (vi) Management program name and identifying number (if any);
    (vii) Gear type of harvester;
    (viii) If a mothership or catcher/processor, processor type and crew 
size;
    (ix) Reporting area of harvest;
    (x) If a shoreside processor or stationary floating processor, 
landings scale weights of groundfish by species and product codes and 
product designations; scale weights or fish product weights of 
groundfish by species and product codes and product designations;
    (xi) Discard or disposition weights or numbers by species and 
product codes;
    (xii) ADF&G fish ticket numbers issued to catcher vessels at 
delivery (except catcher/processors).
    (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 
submittal of DPRs from motherships, catcher/processors, shoreside 
processors and stationary floating 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 discard at sea of the specified species, the 
operator must submit a DPR, when required.
    (ii) If a shoreside processor or stationary floating 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 when required.
    (iii) The operator of a catcher/processor or mothership or the 
manager of a shoreside processor or stationary floating 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 or 
stationary floating processor must record the processor type.
    (k) U.S. Vessel Activity Report (VAR)--(1) Who needs to submit a 
VAR?--(i) Fish or fish product onboard. Except as noted in paragraph 
(k)(1)(iv) of this section, the operator of a catcher vessel greater 
than 60 ft (18.3 m) LOA, a catcher/processor, or a mothership required 
to hold a Federal fisheries permit issued under this part and carrying 
fish or fish product onboard must complete and submit a VAR by FAX or 
electronic file to OLE, Juneau, AK (907-586-7313) before the vessel 
crosses the seaward boundary of the EEZ off Alaska or crosses

[[Page 667]]

the U.S.-Canadian international boundary between Alaska and British 
Columbia.
    (ii) Combination of non-IFQ groundfish with IFQ halibut, CDQ 
halibut, or IFQ sablefish. If a vessel is carrying non-IFQ groundfish 
and IFQ halibut, CDQ halibut or IFQ sablefish, the operator must submit 
a VAR in addition to an IFQ Departure Report per paragraph (l)(4) of 
this section.
    (iii) Revised VAR. If fish or fish products are landed at a port 
other than the one specified on the VAR, the vessel operator must submit 
a revised VAR showing the actual port of landing before any fish are 
offloaded.
    (iv) Exemption: IFQ Departure Report. If a vessel is carrying only 
IFQ halibut, CDQ halibut, or IFQ sablefish onboard and the operator has 
submitted an IFQ Departure Report per paragraph (l)(4) of this section, 
a VAR is not required.
    (2) Information required. Whether original or revised VAR; name and 
Federal fisheries permit number of vessel; type of vessel (whether 
catcher vessel, catcher/processor, or mothership); and representative 
information (see paragraph (b)(2) of this section).
    (i) Return report. ``Return,'' for purposes of this paragraph, means 
returning to Alaska. 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, indicate 
a ``return'' report and enter:
    (A) Intended Alaska port of landing (see Table 14 to this part);
    (B) Estimated date and time (hour and minute, Greenwich mean time) 
the vessel will cross;
    (C) The estimated position coordinates the vessel will cross.
    (ii) Depart report. ``Depart'' means leaving Alaska. 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, indicate a ``depart'' report and 
enter:
    (A) The intended U.S. port of landing or country other than the 
United States;
    (B) Estimated date and time (hour and minute, Greenwich mean time) 
the vessel will cross;
    (C) The estimated position coordinates in latitude and longitude the 
vessel will cross.
    (iii) The Russian Zone. Indicate whether your vessel is returning 
from fishing in the Russian Zone or is departing to fish in the Russian 
Zone.
    (iv) Fish or fish products. For all fish or fish products (including 
non-groundfish) on board the vessel, enter: Harvest zone code; species 
codes; product codes; and total fish product weight in lbs or to the 
nearest 0.001 mt.
    (l) IFQ halibut, CDQ halibut or IFQ sablefish R&R. In addition to 
the R&R requirements in this section and as prescribed in the annual 
management measures published in the Federal Register pursuant to 
Sec. 300.62 of this title, the following reports and authorizations are 
required, when applicable: IFQ Prior Notice of Landing, Product Transfer 
Report (see Sec. 679.5(g)), IFQ Landing Report, IFQ Transshipment 
Authorization, and IFQ Departure Report.
    (1) IFQ Prior Notice of Landing (PNOL)--(i) Time limits and 
submittal. (A) Except as provided in paragraph (l)(1)(iv) of this 
section, the operator of any vessel making an IFQ landing must notify 
OLE, Juneau, AK, no fewer than 3 hours before landing IFQ halibut, CDQ 
halibut, or IFQ sablefish, unless permission to commence an IFQ landing 
within 3 hours of notification is granted by a clearing officer.
    (B) A PNOL must be made to the toll-free telephone number 800-304-
4846 or to 907-586-7163 between the hours of 0600 hours, A.l.t., and 
2400 hours, A.l.t.
    (ii) Revision to PNOL. The operator of any vessel wishing to make an 
IFQ landing before the date and time (A.l.t.) reported in the PNOL or 
later than 2 hours after the date and time (A.l.t.) reported in the PNOL 
must submit a new PNOL as described in paragraphs (l)(1)(i) and (iii) of 
this section.
    (iii) Information required. A PNOL must include the following:
    (A) Vessel name and ADF&G vessel registration number;
    (B) Port of landing and port code from Table 14 to this part;

[[Page 668]]

    (C) Exact location of landing within the port (i.e., dock name, 
harbor name, facility name, or geographical coordinates);
    (D) The date and time (A.l.t.) that the landing will take place;
    (E) Species and estimated weight (in pounds) of the IFQ halibut, CDQ 
halibut or IFQ sablefish that will be landed;
    (F) IFQ regulatory area(s) in which the IFQ halibut, CDQ halibut, or 
IFQ sablefish were harvested; and
    (G) IFQ permit number(s) that will be used to land the IFQ halibut, 
CDQ halibut, or IFQ sablefish.
    (iv) Exemption. An IFQ landing of halibut of 500 lb or less of IFQ 
weight determined pursuant to Sec. 679.42(c)(2) and concurrent with a 
legal landing of salmon or a legal landing of lingcod harvested using 
dinglebar gear is exempt from the PNOL required by this section.
    (2) IFQ Landing report--(i) Requirements--(A) All IFQ halibut, CDQ 
halibut and IFQ sablefish catch debited. Except as provided in paragraph 
679.40(g) of this section, all IFQ halibut, CDQ halibut, and IFQ 
sablefish catch must be weighed and debited from the IFQ permit holder's 
account or CDQ halibut permit holder's account under which the catch was 
harvested.
    (B) Single offload site for halibut. The vessel operator who lands 
IFQ halibut or CDQ halibut must continuously and completely offload at a 
single offload site all halibut on board the vessel.
    (C) Single offload site for sablefish. The vessel operator who lands 
IFQ sablefish must continuously and completely offload at a single 
offload site all sablefish on board the vessel.
    (D) Remain at landing site. Once the landing has commenced, the IFQ 
cardholder or CDQ cardholder and the harvesting vessel may not leave the 
landing site until the IFQ halibut, IFQ sablefish or CDQ halibut account 
is properly debited (as defined in paragraph (l)(2)(iv)(D) of this 
section).
    (E) No movement of IFQ halibut, CDQ halibut, or IFQ sablefish. The 
offloaded IFQ halibut, CDQ halibut, or IFQ sablefish may not be moved 
from the landing site until the IFQ Landing Report is received by OLE, 
Juneau, AK, and the IFQ cardholder's or CDQ cardholder's account is 
properly debited (as defined in paragraph (l)(2)(iv)(D) of this 
section).
    (ii) Time limits. (A) A landing of IFQ halibut, CDQ halibut, or IFQ 
sablefish may commence only between 0600 hours, A.l.t., and 1800 hours, 
A.l.t., unless permission to land at a different time (waiver) is 
granted in advance by a clearing officer.
    (B) A Registered Buyer must submit a completed IFQ Landing Report 
within 6 hours after all IFQ halibut, CDQ halibut, or IFQ sablefish are 
landed and prior to shipment or transfer of said fish from the landing 
site.
    (iii) Information required. The Registered Buyer must enter accurate 
information contained in a complete IFQ Landing Report as follows:
    (A) Date and time (A.l.t.) of the IFQ landing;
    (B) Location of the IFQ landing (port code or if at sea, lat. and 
long.);
    (C) Name and permit number of the IFQ cardholder or CDQ cardholder;
    (D) Name and permit number of Registered Buyer receiving the IFQ 
halibut, IFQ sablefish, or CDQ halibut;
    (E) The harvesting vessel's name and ADF&G vessel registration 
number;
    (F) Gear code used to harvest IFQ species;
    (G) Alaska State fish ticket number(s) for the landing;
    (H) ADF&G statistical area of harvest reported by the IFQ 
cardholder;
    (I) 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;
    (J) For each ADF&G statistical area of harvest:
    (1) Except as provided in paragraph (l)(2)(iii)(J)(2) of this 
section, the species codes, product codes, and initial accurate scale 
weight(s) (in pounds or to the nearest thousandth of a metric ton) made 
at the time of offloading for IFQ halibut, IFQ sablefish, or CDQ halibut 
sold and retained.
    (2) If the vessel operator is the Registered Buyer reporting the IFQ 
landing, the accurate weight of IFQ sablefish processed product obtained 
before the offload may be substituted for the initial accurate scale 
weight at time of offload.

[[Page 669]]

    (K) Initial accurate scale weight(s) with or without ice and slime, 
as appropriate, of fish as offloaded from the vessel. Fish which have 
been washed prior to weighing or which have been offloaded from 
refrigerated salt water are not eligible for a 2-percent deduction for 
ice and slime and must be reported as fish weights without ice and 
slime.
    (L) If IFQ halibut is incidental catch concurrent with legal landing 
of salmon or concurrent with legal landing of lingcod harvested using 
dinglebar gear.
    (M) After the Registered Buyer enters the landing data in the 
transaction terminal or the Internet submission form(s) and receipts are 
printed, the Registered Buyer, or his/her representative, and the IFQ 
cardholder or CDQ cardholder must sign the receipts to acknowledge the 
accuracy of the IFQ Landing Report.
    (iv) Submittals. Except as indicated in paragraph (l)(2)(iv)(C) of 
this section, IFQ landing reports must be submitted electronically to 
OLE, Juneau, AK, either by using an electronic transaction terminal or 
by using the Internet as indicated below:
    (A) Transaction terminal. Landing Reports submitted using magnetic 
strip cards issued by NMFS, Alaska Region, and transaction terminals 
with printers driven by custom-designed software as provided and/or 
specified by NMFS, Alaska Region.
    (1) The Registered Buyer must locate or procure a transaction 
terminal and report as required.
    (2) The IFQ cardholder or CDQ cardholder must initiate a Landing 
Report by using his or her own magnetic card and personal identification 
number (PIN).
    (B) Internet. Landing Reports submitted using Internet submission 
methods as provided and/or specified by NMFS, Alaska Region.
    (1) The Registered Buyer must obtain at his or her own expense, 
hardware, software and Internet connectivity to support Internet 
submissions and report as required.
    (2) The IFQ cardholder or CDQ cardholder must initiate a Landing 
Report by logging into the IFQ landing report system using his or her 
own password and must provide identification information requested by 
the system.
    (3) The Registered Buyer must enter additional log-in information, 
including his or her password, and provide landing information requested 
by the system.
    (C) Manual landing report. Waivers from the transaction terminal or 
Internet reporting requirement can only be granted in writing on a case-
by-case basis by a local clearing officer. If a waiver is granted, 
manual landing instructions must be obtained from OLE, Juneau, AK, at 
800-304-4846 (Select Option 1). Registered Buyers must complete and 
submit manual Landing Reports by FAX to OLE, Juneau, AK, at 907-586-
7313. When a waiver is issued, the following additional information is 
required: whether the manual Landing Report is an original or revised; 
and name, telephone number, and FAX number of individual submitting the 
manual Landing Report.
    (D) Properly debited landing. A properly concluded transaction 
terminal receipt, or printed Internet submission receipt, or a manual 
landing report receipt which is sent by FAX from OLE to the Registered 
Buyer, and which is then signed by both the Registered Buyer and 
cardholder constitutes confirmation that OLE received the landing report 
and that the cardholder's account is properly debited. A copy of each 
receipt must be maintained by the Registered Buyer as described in 
Sec. 679.5(l).
    (3) Transshipment authorization. (i) No person may transship 
processed IFQ halibut, CDQ halibut, or IFQ sablefish between vessels 
without authorization by a local clearing officer. Authorization from a 
local clearing officer must be obtained for each instance of 
transshipment at least 24 hours before the transshipment is intended to 
commence.
    (ii) Information required. To obtain a Transshipment Authorization, 
the vessel operator must provide the following information to the 
clearing officer:
    (A) Date and time (A.l.t.) of transshipment;
    (B) Location of transshipment;
    (C) Name and ADF&G vessel registration number of vessel offloading 
transshipment;

[[Page 670]]

    (D) Name of vessel receiving the transshipment;
    (E) Product destination;
    (F) Species and product type codes;
    (G) Total product weight;
    (H) Time (A.l.t.) and date of the request;
    (I) Name, telephone number, FAX number (if any) for the person 
making the request.
    (4) IFQ Departure Report--(i) General Requirements--(A) Time limit 
and submittal. A vessel operator who intends to make an IFQ landing at 
any location other than in an IFQ regulatory area or in the State of 
Alaska must submit an IFQ Departure Report, by telephone, to OLE, 
Juneau, AK, at 800-304-4846 or 907-586-7163 between the hours of 0600 
hours, A.l.t., and 2400 hours, A.l.t.
    (B) Completion of fishing. A vessel operator must submit an IFQ 
Departure Report after completion of all fishing and 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 when IFQ halibut, CDQ halibut, or IFQ 
sablefish are on board.
    (C) Registered Buyer permit. A vessel operator submitting an IFQ 
Departure Report must have a Registered Buyer permit.
    (D) First landing of any species. A vessel operator submitting an 
IFQ Departure Report must submit IFQ Landing Reports for all IFQ 
halibut, CDQ halibut, and IFQ sablefish on board at the same time and 
place as the first landing of any IFQ halibut, CDQ halibut, or IFQ 
sablefish.
    (E) Permits on board.--(1) A vessel operator submitting an IFQ 
Departure Report to document IFQ halibut or IFQ sablefish must ensure 
that one or more IFQ cardholders are on board with enough remaining IFQ 
balance to harvest amounts of IFQ halibut or IFQ sablefish equal to or 
greater than all IFQ halibut and IFQ sablefish on board.
    (2) A vessel operator submitting an IFQ Departure Report to document 
CDQ halibut must ensure that one or more CDQ cardholders are on board 
with enough remaining CDQ halibut balance to harvest amounts of CDQ 
halibut equal to or greater than all CDQ halibut on board.
    (ii) Required information. When submitting an IFQ Departure Report, 
the vessel operator must provide the following information:
    (A) Intended date, time (A.l.t.), and location of landing;
    (B) Vessel name and ADF&G registration number;
    (C) Vessel operator's name and Registered Buyer permit number;
    (D) Halibut IFQ, Halibut CDQ, and sablefish IFQ Permit numbers of 
IFQ and CDQ cardholders on board;
    (E) Halibut Regulatory Areas or Sablefish Regulatory Areas of 
harvest or both;
    (F) Estimated total weight as appropriate of IFQ halibut or CDQ 
halibut on board (lb/kg/mt);
    (G) Estimated total weight of IFQ sablefish on board (lb/kg/mt).
    (5) Landing verification, inspection and record retention--(i) 
Verification and inspection. Each IFQ landing and all fish retained on 
board the vessel making an IFQ landing are subject to verification and 
inspection by authorized officers.
    (ii) Record retention. The IFQ cardholder or CDQ cardholder must 
retain a legible copy of all Landing Report receipts, and the Registered 
Buyer must retain a copy of all reports and receipts required by this 
section. All retained records must be available for inspection by an 
authorized officer:
    (A) Until the end of the fishing year during which the records were 
made and for as long thereafter as fish or fish products recorded are 
retained onboard the vessel or at the facility; and
    (B) Upon request of an authorized officer for 3 years after the end 
of the fishing year during which the records were made.
    (6) Sampling--(i) Each IFQ landing and all fish retained onboard a 
vessel making an IFQ landing are subject to sampling by NMFS-authorized 
observers.
    (ii) Each IFQ halibut landing or CDQ halibut landing is subject to 
sampling for biological information by persons authorized by the IPHC.
    (m) Consolidated weekly ADF&G fish tickets from motherships--(1) 
Requirement. (i) The operator of a mothership must ensure that any 
groundfish catch

[[Page 671]]

received by a mothership from a catcher vessel that is issued a Federal 
fisheries permit under Sec. 679.4 is recorded for each weekly reporting 
period on a minimum of one ADF&G groundfish fish ticket. The operator of 
a mothership may create a fish ticket for each delivery of catch. (An 
ADF&G fish ticket is further described at Alaska Administrative Code, 5 
AAC Chapter 39.130.) A copy of the Alaska Administrative Code can be 
obtained from the Alaska Regional Office, see Sec. 600.502 of this 
chapter, Table 1.
    (ii) The operator of a mothership must ensure that the information 
listed in paragraph (m)(2)(iii) of this section is written legibly or 
imprinted from the catcher vessel operator's State of Alaska, Commercial 
Fisheries Entry Commission (CFEC) permit card on the consolidated weekly 
ADF&G fish ticket.
    (2) Information required from the catcher vessel. (i) The operator 
of a catcher vessel delivering groundfish to a mothership must complete 
the parts of the fish ticket listed in paragraph (m)(2)(iii) of this 
section, sign the fish ticket, and provide it to the operator of the 
mothership receiving groundfish harvest for submittal to ADF&G.
    (ii) If there is a change in the operator of the same catcher vessel 
during the same weekly reporting period, complete a fish ticket for each 
operator.
    (iii) Information required: (A) Name and ADF&G vessel registration 
number of the catcher vessel;
    (B) Name, signature and CFEC permit number of CFEC permit holder 
aboard the catcher vessel;
    (C) The six-digit ADF&G groundfish statistical area denoting the 
actual area of catch;
    (D) Write in gear type used by the catcher vessel, whether hook and 
line, pot, nonpelagic trawl, pelagic trawl, jig, troll, or other.
    (3) Information required from the mothership. The operator of a 
mothership must ensure that the following information is written legibly 
or imprinted from the mothership's CFEC processor plate card on the 
consolidated weekly ADF&G fish ticket:
    (i) Mothership name and ADF&G processor code;
    (ii) Enter ``FLD'' for port of landing or vessel transshipped to;
    (iii) Signature of the mothership operator;
    (iv) The week-ending date of the weekly reporting period during 
which the mothership received the groundfish from the catcher vessel;
    (v) Species code for each species from Table 2 to this part, except 
species codes 120, 144, 168, 169, or 171;
    (vi) The product code from Table 1 to this part (in most cases, this 
will be product code 01, whole fish);
    (vii) ADF&G 6-digit statistical area in which groundfish were 
harvested. If there are more than eight statistical areas for a fish 
ticket 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 and are also available on the 
ADF&G website at http://www.cf.adfg.state.ak.us/geninfo/statmaps;
    (viii) The landed weight of each species to the nearest pound. If 
working in metric tons, convert to pounds using 2204.6 lb = 1 mt before 
recording on fish ticket.
    (4) Time limit and submittal. (i) The operator of a mothership must 
complete a minimum of one 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 ensure copy distribution 
within the indicated time limit or retention of the multiple copies of 
each consolidated weekly ADF&G groundfish fish ticket (G series) as 
follows:

------------------------------------------------------------------------
   If fish ticket color is ...     Distribute to ...      Time limit
------------------------------------------------------------------------
(A) White                         Retained by         N/A
                                   Mothership, see
                                   paragraph
                                   (a)(13)(ii)(D)(6)
                                   of this section.
(B) Yellow                        Alaska Commercial   Within 45 days
                                   Fisheries           after landings
                                   Management &        are received
                                   Development
                                   Division,
                                   Department of
                                   Fish & Game, 211
                                   Mission Road,
                                   Kodiak, AK, 99615-
                                   6399.

[[Page 672]]

 
(C) Pink                          Catcher vessel      1200 hours,
                                   delivering          A.l.t., on
                                   groundfish to the   Tuesday following
                                   mothership.         the end of the
                                                       applicable weekly
                                                       reporting period.
(D) Golden-rod                    Extra copy........  N/A
------------------------------------------------------------------------

    (n) Groundfish CDQ fisheries--(1) CDQ delivery report--(i) Who must 
submit a CDQ delivery report? The manager of each shoreside processor 
and stationary floating processor taking deliveries of groundfish CDQ or 
PSQ species from catcher vessels must submit for each delivery a CDQ 
delivery report, unless using the SPELR described at paragraph (e) of 
this section to submit the required CDQ information.
    (ii) Time limit and submittal. The manager as defined at paragraph 
(n)(1)(i) of this section must submit to the Regional Administrator a 
CDQ delivery report within 24 hours of completion of each delivery of 
groundfish CDQ or PSQ species to the processor.
    (iii) Information required. The manager as defined at paragraph 
(n)(1)(i) of this section must record whether the report is original or 
a revision and the following information on each CDQ delivery report:
    (A) CDQ group information. CDQ group number as defined at Sec. 679.2 
and CDQ group name or acronym.
    (B) Processor information. (1) Name and federal processor permit 
number of the processor as defined at paragraph (n)(1)(i) of this 
section taking delivery of the CDQ catch.
    (2) Date delivery report submitted.
    (C) Vessel and catch information. (1) Enter the name, Federal 
Fisheries Permit number if applicable, and ADF&G vessel registration 
number of the vessel delivering CDQ catch. Write ``unnamed'' if the 
vessel has no name;
    (2) Enter the delivery date, date fishing began, harvest gear type, 
and Federal reporting area of CDQ harvest. If caught with trawl gear, 
check appropriate box(es) to indicate if catch was made in the CVOA or 
the COBLZ.
    (D) Groundfish CDQ Species in this delivery. Enter weight by species 
codes and product codes as defined in Tables 1 and 2 to this part, 
respectively, of groundfish CDQ species that were delivered. Report the 
weight of each CDQ species in metric tons to at least the nearest 0.001 
mt.
    (E) Halibut CDQ, halibut IFQ and sablefish IFQ in this delivery. For 
nontrawl vessels only, enter the product code and product weight for any 
halibut CDQ, halibut IFQ, and sablefish IFQ in this catch. Submit this 
same information to the Regional Administrator on an IFQ landing report 
(see paragraph (l)(2) of this section).
    (F) PSQ information. For halibut, enter the species code and the 
weight to the nearest 0.001 mt. For salmon or crab, enter the species 
code and the number of animals.
    (1) Enter PSQ species delivered and discarded from processor by 
species code and weight or numbers.
    (2) Enter at-sea discards of PSQ for vessels without observers by 
species code and weight or numbers.
    (2) CDQ catch report--(i) Who must submit a CDQ catch report? The 
CDQ representative must submit a CDQ catch report for all groundfish 
catch made by vessels groundfish CDQ fishing as defined at Sec. 679.2 or 
for any groundfish harvested by vessels greater than or equal to 60 ft 
(18.3 m) LOA while halibut CDQ fishing and delivered to a shoreside 
processor, to a stationary floating processor, or to a mothership.
    (ii) Time limit and submittal. Submit to the Regional Administrator 
a CDQ catch report:
    (A) Within 7 days of the date CDQ catch was delivered by a catcher 
vessel to a shoreside processor, stationary floating processor, or 
mothership.
    (B) Within 7 days of the date gear used to catch CDQ was retrieved 
by a catcher/processor.
    (iii) Information required, all CDQ catch reports. Record whether an 
original or revised report and the following information on each CDQ 
catch report:
    (A) Vessel type. Indicate one appropriate vessel/gear/delivery type.
    (B) Vessel catch information-- (1) Enter the name, Federal fisheries 
permit number if applicable, and ADF&G

[[Page 673]]

vessel registration number of the vessel delivering CDQ catch. Write 
``unnamed'' if the vessel has no name.
    (2) Reporting area. Enter reporting area in which CDQ catch 
occurred. If a set occurs in more than one area, record the area code 
where gear retrieval was completed.
    (3) Gear type. Circle gear type used to harvest CDQ catch. If caught 
with trawl gear, check appropriate box(es) to indicate if catch was made 
in the CVOA or the COBLZ.
    (4) Indicate the intended target species.
    (C) CDQ group information. Enter CDQ number as defined at 
Sec. 679.2, CDQ group name or acronym, and date report submitted to 
NMFS.
    (iv) Catch and delivery Information: catcher vessels retaining all 
groundfish CDQ and delivering to shoreside processors or stationary 
floating processors (Option 1 in the CDP). Record the following 
information on each applicable CDQ catch report:
    (A) Delivery information. Name and Federal processor permit number 
of the shoreside processor or the stationary floating processor taking 
delivery of the CDQ catch; date catch delivered to processor; and date 
fishing began on this trip.
    (B) Catch information, groundfish CDQ species. Report the weight in 
metric tons to at least the nearest 0.001 mt for each groundfish CDQ 
species retrieved by a catcher/processor or delivered to a processor as 
defined in paragraph (n)(1)(i) of this section by product code and 
species code as defined in Tables 1 and 2 to this part, respectively.
    (C) Catch information, halibut CDQ, halibut IFQ and sablefish IFQ. 
For non-trawl vessels only, enter the product code as defined in Table 1 
to this part and product weight in metric tons to at least the nearest 
0.001 mt for any halibut CDQ, halibut IFQ, and sablefish IFQ in the CDQ 
delivery. Submit this same information to the Regional Administrator on 
an IFQ landing report (see Sec. 679.5(l)(2)).
    (D) Mortality information, salmon and crab PSQ. For salmon or crab, 
enter the species code, as defined in Table 2 to this part, and the 
number of animals.
    (E) Mortality information, halibut PSQ. For halibut PSQ catch, enter 
the round weight to the nearest 0.001 mt, mortality rate, and overall 
halibut mortality in metric tons to the nearest 0.001 mt. Use the target 
fishery designations and halibut bycatch mortality rates in the annual 
final specifications published in the Federal Register under 
Sec. 679.20(c).
    (v) Catch and delivery information: catcher/processors, catcher 
vessels delivering unsorted codends to motherships, or catcher vessels 
(with observers) using nontrawl gear and discarding groundfish CDQ at 
sea (Option 2 in the CDP). Record the following information on each 
applicable CDQ catch report.
    (A) Delivery information. (1) If a catcher vessel (with observers) 
using nontrawl gear, discarding groundfish CDQ at sea, and delivering to 
a shoreside processor or stationary floating processor, enter name and 
Federal processor permit number of the shoreside processor or the 
stationary floating processor, date catch delivered, and date fishing 
began on this trip.
    (2) If a catcher vessel delivering unsorted codends to a mothership, 
enter the mothership name and Federal fisheries permit number, 
observer's haul number for this catch, and date codend is completely 
onboard the mothership as determined by the Level 2 observer.
    (3) If a catcher/processor, the observer's haul number for this 
catch, and the date on which the gear was retrieved as determined by the 
Level 2 observer.
    (B) Catch information, groundfish CDQ species. (See paragraph 
(n)(2)(iv)(B) of this section).
    (C) Catch information, halibut IFQ/CDQ and sablefish IFQ (See 
paragraph (n)(2)(iv)(C) of this section).
    (D) Mortality information, salmon and crab prohibited species. (See 
paragraph (n)(2)(iv)(D) of this section).
    (E) Mortality information, halibut PSQ. (See Sec. 679.5(n)(2)(iv)(E) 
of this section).
    (o) Catcher vessel cooperative pollock catch report--(1) 
Applicability. The designated representative of each AFA inshore 
processor catcher vessel cooperative must submit to the Regional 
Administrator a catcher vessel cooperative pollock catch report 
detailing each delivery of pollock harvested

[[Page 674]]

under the allocation made to that cooperative. The owners of the member 
catcher vessels in the cooperative are jointly responsible for 
compliance and must ensure that the designated representative complies 
with the applicable recordkeeping and reporting requirements of this 
section.
    (2) Time limits and submittal. (i) The cooperative pollock catch 
report must be submitted by one of the following methods:
    (A) An electronic data file in a format approved by NMFS; or
    (B) By FAX.
    (ii) The cooperative pollock catch report must be received by the 
Regional Administrator by 1200 hours, A.l.t. 1 week after the date of 
completion of delivery.
    (3) Information required. The cooperative pollock catch report must 
contain the following information:
    (i) Cooperative account number;
    (ii) Catcher vessel ADF&G number;
    (iii) Inshore processor Federal processor permit number;
    (iv) Delivery date;
    (v) Amount of pollock (in lb) delivered plus weight of at-sea 
pollock discards;
    (vi) ADF&G fish ticket number.
    (p) Commercial Operator's Annual Report (COAR)--(1) Requirement. The 
owner of a mothership or catcher/processor must annually complete and 
submit to ADF&G the appropriate Forms A through M and COAR certification 
page for each year in which the mothership or catcher/processor was 
issued a Federal Fisheries permit. The owner of a mothership must 
include all fish received and processed during the year, including fish 
received from an associated buying station. The ADF&G COAR is further 
described under Alaska Administrative Code (5 AAC 39.130) (see 
Sec. 679.3 (b)(2)).
    (2) Time limit and submittal of COAR. The owner of a mothership or 
catcher/processor must submit to ADF&G the appropriate Forms A through M 
and COAR certification page by April 1 of the year following the year 
for which the report is required to the following address:
    Alaska Department of Fish & Game, Division of Commercial Fisheries, 
Attn: COAR, P.O. Box 25526, Juneau, AK 99802-5526
    (3) Information required, certification page. The owner of a 
mothership or catcher/processor must:
    (i) Enter the company name and address, including street, city, 
state, and zip code; also seasonal mailing address, if applicable.
    (ii) Enter the vessel name and ADF&G processor code.
    (iii) Check YES or NO to indicate whether fishing activity was 
conducted during the appropriate year.
    (iv) If response to paragraph (p)(3)(iii) of this section is YES, 
complete the applicable forms of the COAR (see table 18 to this part) 
and complete and sign the certification page.
    (v) If response to paragraph (p)(3)(iii) of this section is NO, 
complete and sign only the certification page.
    (vi) Sign and enter printed or typed name, e-mail address, title, 
telephone number, and FAX number of owner.
    (vii) Enter printed or typed name, e-mail address, and telephone 
number of alternate contact.
    (4) Buying information (exvessel), Forms A (1-3), C (1-2), E, G, I 
(1-2), and K.--(i) Requirement. The owner of a mothership (if the first 
purchaser of raw fish) must complete and submit the appropriate COAR 
buying forms (A (1-3), C (1-2), E, G, I (1-2), and K) for each species 
purchased from fishermen during the applicable year.
    (ii) Buying information required. The owner of the mothership must 
record the following information on the appropriate COAR buying forms:
    (A) Species name and code (see table 2 to this part).
    (B) Area purchased (see table 16 to this part).
    (C) Gear code (see table 15 to this part).
    (D) Delivery code (form G only) (see table 1 to this part).
    (E) Total weight (to the nearest lb) purchased from fishermen.
    (F) Total amount paid to fishermen, including all post- season 
adjustments and/or bonuses and any credit received by fishermen for gas 
expenses, ice, delivery premiums, and other miscellaneous expenses.

[[Page 675]]

    (G) Price per pound. If additional adjustments may be made after 
this report has been filed, the owner must check the ``$ not final'' 
box, and submit Form M when these adjustments are paid. Do not include 
fish purchased from another processor.
    (5) Production forms, Forms B (1-6), D, F, H, J (1-2), and K). For 
purposes of this paragraph, the total wholesale value is the amount that 
the processor receives for the finished product (free on board pricing 
mothership or catcher/processor). For products finished but not yet sold 
(still held in inventory), calculate the estimated value using the 
average price received to date for that product.
    (i) Requirement--(A) Mothership. The owner of a mothership must 
record and submit the appropriate COAR production forms (B(1-6), D, F, 
H, J(1-2), and K) for all production that occurred for each species 
during the applicable year:
    (1) That were purchased from fishermen on the grounds and/or 
dockside, including both processed and unprocessed seafood.
    (2) That were then either processed on the mothership or exported 
out of the State of Alaska.
    (B) Catcher/processor. The owner of a catcher/processor must record 
and submit the appropriate COAR production forms (B(1-6), D, F, H, J (1-
2), and K) for each species harvested during the applicable year that 
were then either processed on the vessel or exported out of the State of 
Alaska.
    (ii) Information required, non-canned production--(A) Enter area of 
processing (see table 16 to this part). List production of Canadian-
harvested fish separately.
    (B) Processed product. Processed product must be described by 
entering three codes:
    (1) Process prefix code (see table 17 to this part)
    (2) Process suffix code (see table 17 to this part)
    (3) Product code (see table 1 to this part)
    (C) Total net weight. Enter total weight (in pounds) of the finished 
product.
    (D) Total value($). Enter the total wholesale value of the finished 
product.
    (E) Enter price per pound of the finished product.
    (iii) Information required, canned production. Complete an entry for 
each can size produced:
    (A) Enter area of processing (see table 16 to this part).
    (B) Process 51 or 52. Enter conventional canned code (51) or smoked, 
conventional canned code (52).
    (C) Total value($). Enter the total wholesale value of the finished 
product.
    (D) Enter can size in ounces, to the hundredth of an ounce.
    (E) Enter number of cans per case.
    (F) Enter number of cases.
    (6) Custom production forms, Form L (1-2)--(i) Requirement. The 
owner of a mothership or catcher/processor must record and submit COAR 
production form L (1-2) for each species in which custom production was 
done by the mothership or catcher/processor for another processor and 
for each species in which custom production was done for the mothership 
or catcher/processor by another processor.
    (ii) Custom-production by mothership or catcher/processor for 
another processor. If the mothership or catcher/processor custom-
processed fish or shellfish for another processor during the applicable 
year, the owner of the mothership or catcher/processor must list the 
processor name and ADF&G processor code (if known) to describe that 
processor, but must not include any of that production in production 
form L (1-2).
    (iii) Custom-production by another processor for mothership or 
catcher/processor. If a processor custom-processed fish or shellfish for 
the mothership or catcher/processor during the applicable year, the 
owner of the mothership or catcher/processor must use a separate page to 
list each processor and must include the following information.
    (A) Custom fresh/frozen miscellaneous production. The owner of a 
mothership or catcher/processor must list the following information to 
describe production intended for wholesale/retail market and that are 
not frozen for canning later:
    (1) Species name and code (see table 2 to this part).
    (2) Area of processing (see table 16 to this part).

[[Page 676]]

    (3) Processed product. Processed product must be entered using three 
codes:
    (i) Process prefix code (see table 17 to this part).
    (ii) Process suffix code (see table 17 to this part).
    (iii) Product code (see table 1 to this part).
    (4) Total net weight. Enter total weight in pounds of the finished 
product.
    (5) Total wholesale value($). Enter the total wholesale value of the 
finished product.
    (B) Custom canned production. The owner of a mothership or catcher/
processor must list the following information to describe each can size 
produced in custom canned production:
    (1) Species name and code (see table 2 to this part).
    (2) Area of processing (see table 16 to this part).
    (3) Process 51 or 52. Enter conventional canned code (51) or smoked, 
conventional canned code (52).
    (4) Total wholesale value ($). Enter the total wholesale value of 
the finished product.
    (5) Can size in ounces, to the hundredth of an ounce.
    (6) Number of cans per case.
    (7) Number of cases.
    (7) Fish buying retro payments/post-season adjustments, Form M--(i) 
Requirement. The owner of a mothership must record and submit COAR 
production Form M to describe additional adjustments and/or bonuses 
awarded to a fisherman, including credit received by fishermen for gas 
expenses, ice, delivery premiums, and other miscellaneous expenses.
    (ii) Information required--(A) Enter species name and code (see 
table 2 to this part).
    (B) Enter area purchased (see table 16 to this part)
    (C) Enter gear code (see table 16 to this part).
    (D) Enter total pounds purchased from fisherman.
    (E) Enter total amount paid to fishermen (base + adjustment).

[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; 64 FR 61972, Nov. 15, 1999; 64 FR 
69673, Dec. 14, 1999; 65 FR 14923, Mar. 20, 2000; 65 FR 41380, July 5, 
2000; 66 FR 13672, Mar. 7, 2001; 66 FR 27910, May 21, 2001; 66 FR 43526, 
Aug. 20, 2001; 67 FR 999, Jan. 8, 2002; 67 FR 4108, Jan. 28, 2002; 67 FR 
5148, Feb. 4, 2002; 67 FR 22011, May 2, 2002; 68 FR 209, Jan. 2, 2003; 
68 FR 44481, July 29, 2003]



Sec. 679.6  Exempted 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 
exempted fishing may be conducted unless authorized by an exempted 
fishing permit issued by the Regional Administrator to the participating 
vessel owner in accordance with the criteria and procedures specified in 
this section. Exempted 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 exempted fishing permit shall 
submit to the Regional Administrator, at least 60 days before the 
desired effective date of the exempted 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 exempted fishing permit is needed, including a general description of 
the arrangements for disposition of all species harvested under the 
exempted 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.

[[Page 677]]

    (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.
    (7) Information about each vessel to be covered by the exempted 
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 exempted fishing permit need 
not be the owner or operator of the vessel(s) for which the exempted 
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 
exempted 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 exempted 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 exempted 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 exempted 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 exempted 
fishing permit.
    (vii) The proposed activity had economic allocation as its sole 
purpose.

[[Page 678]]

    (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 exempted 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 exempted fishing permit that are consistent 
with the purpose of the experiment, including, but not limited to:
    (1) The maximum amount of each species that can be harvested and 
landed during the term of the exempted 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 exempted 
fishing permit.
    (3) The time(s) and place(s) where exempted fishing may be 
conducted.
    (4) The type, size, and amount of gear that may be used by each 
vessel operated under the exempted fishing permit.
    (5) The condition that observers be carried aboard vessels operated 
under an exempted fishing permit.
    (6) Reasonable data reporting requirements.
    (7) Such other conditions as may be necessary to assure compliance 
with the purposes of the exempted fishing permit and consistency with 
the FMP objectives.
    (8) Provisions for public release of data obtained under the 
exempted fishing permit.
    (f) Effectiveness. Unless otherwise specified in the exempted 
fishing permit or superseding notification or regulation, an exempted 
fishing permit is effective for no longer than 1 calendar year, but may 
be revoked, suspended, or modified during the calendar year. Exempted 
fishing permits may be renewed following the application procedures in 
paragraph (b) of this section.
    (g) Recordkeeping and reporting requirements. In addition to the 
recordkeeping and reporting requirements in this section, the operator 
or manager must comply with requirements at Sec. 679.5(a) through (k).

[61 FR 31230, June 19, 1996, as amended at 64 FR 61981, Nov. 15, 1999; 
67 FR 4148, Jan. 28, 2002; 67 FR 22017, May 2, 2002]



 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. 
(i) Fish for groundfish in the BSAI or GOA with a vessel of the United 
States that does not have on board a valid Federal Fisheries Permit 
issued under Sec. 679.4.
    (ii) Conduct directed fishing for Atka mackerel, Pacific cod, or 
pollock with pot, hook-and-line, or trawl gear from a vessel of the 
United States that does not have on board a valid Federal Fisheries 
Permit issued under Sec. 679.4 and endorsed for Atka mackerel, Pacific 
cod, or pollock under Sec. 679.4(b)(5)(vi).
    (2) Conduct any fishing contrary to notification of inseason action, 
closure, or adjustment issued under Sec. 679.20, Sec. 679.21, 
Sec. 679.22, Sec. 679.25.
    (3) Groundfish Observer Program. (i) Fish or process groundfish 
except in compliance with the terms of the Groundfish Observer Program 
as provided by subpart E of this part.
    (ii) Except where observer services are provided by NMFS staff or 
other individuals authorized by NMFS under Sec. 679.50(e), provide 
observer services to the North Pacific Groundfish fisheries without an 
observer provider permit issued under Sec. 679.50(i)(1).
    (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

[[Page 679]]

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) Operate a vessel in the ``inshore 
component in the GOA'' as defined in Sec. 679.2 without a valid inshore 
processing endorsement on the vessel's Federal fisheries or Federal 
processor permit.
    (ii) Operate a vessel as a ``stationary floating processor'' in the 
``inshore component in the GOA'' as defined in Sec. 679.2, and as a 
catcher/processor in the BSAI during the same fishing year.
    (iii) Operate a vessel as a ``stationary floating processor'' in the 
``inshore component in the GOA'' as defined in Sec. 679.2, and as an AFA 
mothership in the BSAI during the same fishing year.
    (iv) 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 Secs. 679.2, during any fishing year.
    (v) Operate any vessel in the GOA under both the ``inshore component 
in the GOA'' and the ``offshore component in the GOA'' definitions in 
Secs. 679.2 during the same fishing year.
    (vi) Use a stationary floating processor with an GOA inshore 
processing endorsement to process pollock or GOA Pacific cod harvested 
in a directed fishery for those species in more than one single 
geographic location during a 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. (i) Fail to comply with or fail to 
ensure compliance with requirements in Secs. 679.4 or 679.5.
    (ii) Alter, erase, or mutilate any permit, card or document issued 
under Secs. 679.4 or 679.5.
    (iii) Fail to submit or submit inaccurate information on, any 
report, application, or statement required under this part.
    (iv) Intentionally submit false information on any report, 
application, or statement required under this part.
    (11) Buying station--(i) 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.
    (ii) Associated processor. Function as a vessel or land-based buying 
station without an associated processor.
    (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.

[[Page 680]]

    (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 gear performance standard--(i) BSAI. Use a vessel to 
participate in a non-CDQ directed fishery for pollock using trawl gear 
and have on board the vessel, at any particular time, 20 or more crabs 
of any species that have a carapace width of more than 1.5 inches (38 
mm) at the widest dimension.
    (ii) GOA. Use a vessel to participate in a directed fishery for 
pollock using trawl gear when directed fishing for pollock with 
nonpelagic trawl gear is closed and have on board the vessel, at any 
particular time, 20 or more crabs of any species that have a carapace 
width of more than 1.5 inches (38 mm) at the widest dimension.
    (15) Federal Processor Permit. Receive or process groundfish 
harvested in the GOA or BSAI by a shoreside processor or stationary 
floating processor 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 amount established under Sec. 679.20(e).
    (17) Tender vessel. (i) Use a catcher vessel or catcher/processor as 
a tender vessel before offloading all groundfish or groundfish product 
harvested or processed by that vessel.
    (ii) Use a catcher vessel or catcher/processor to harvest groundfish 
while operating as a tender vessel.
    (18) Pollock, Pacific Cod, and Atka Mackerel Directed Fishing and 
VMS. Operate a vessel in any Federal reporting area when a vessel is 
authorized under Sec. 679.4(b)(5)(vi) to participate in the Atka 
mackerel, Pacific cod, or pollock directed fisheries and the vessel's 
authorized species and gear type is open to directed fishing, unless the 
vessel carries an operable NMFS-approved Vessel Monitoring System (VMS) 
and complies with the requirements in Sec. 679.28(f).
    (19) Atka Mackerel HLA Groundfish Prohibition. For vessels 
registered for directed fishing for Atka mackerel HLA under 
Sec. 679.20(a)(8)(iii), conduct directed fishing for groundfish, other 
than for Atka mackerel in an assigned HLA directed fishery under 
Sec. 679.20(a)(8)(iii), during the time period that the first Atka 
mackerel HLA directed fishery to which the vessel is assigned under 
Sec. 679.20(a)(8)(iii)(B) is open.
    (b) Prohibitions specific to the GOA. (1) Southeast outside trawl 
closure. Use trawl gear in the GOA east of 140[deg] W long.
    (2) Catcher vessel trip limit for pollock. Retain on board a catcher 
vessel at any time during a trip, more than 300,000 lb (136 mt) of 
unprocessed pollock.
    (3) Tender vessel restrictions for pollock. (i) Operate as a tender 
vessel east of 157[deg]00[min] W long. for pollock harvested in the GOA.
    (ii) Operate as a tender vessel west of 157[deg]00[min] W long. 
while retaining on board at any time more than 600,000 lb (272 mt) of 
unprocessed pollock.
    (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

[[Page 681]]

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 pollock CDQ in the Chinook Salmon Savings 
Area between January 1 and April 15, and between September 1 and 
December 31, 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 unless discard of the groundfish CDQ is required under other 
provisions or, in waters within the State of Alaska, discard is required 
by laws of the State of Alaska.
    (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 license limitation 
groundfish.
    (14) For the operator of a catcher/processor, catch groundfish CDQ 
species together with license limitation groundfish in the same haul, 
set, or pot.
    (15) For the operator of a catcher/processor or a catcher vessel 
required to carry a level 2 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 maximum retainable amounts of non-CDQ species 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 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, stationary floating 
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.

[[Page 682]]

    (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 unless retention of sablefish is not 
authorized under 50 CFR 679.23(e)(4)(ii) or, in waters within the State 
of Alaska, discard is required by laws of the State of Alaska.
    (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) [Reserved]
    (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. 679.40(d), 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) Landing--(i) IFQ or CDQ card. Make an IFQ landing without an IFQ 
or CDQ card, as appropriate, in the name of the individual making the 
landing.
    (ii) Hired master, IFQ. Make an IFQ landing without an IFQ card 
listing the name of the hired master and the name of the vessel making 
the landing.
    (iii) Hired master, CDQ halibut. Make a CDQ halibut landing without 
a CDQ card listing the name of the hired master.
    (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:
    (i) In the GOA:
    (A) Rockfish that are taken when IFQ halibut or IFQ sablefish are on 
board unless rockfish are required to be discarded under subpart B of 
this part.
    (B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are 
on board unless Pacific cod are required to be discarded under subpart B 
of this part, or Pacific cod are not authorized to be retained under 
subpart A of this part.
    (ii) In the BSAI:
    (A) Rockfish that are taken when IFQ halibut or IFQ sablefish are on 
board unless rockfish are required to be discarded under subpart B of 
this part.
    (B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are 
on board according to the following table:

------------------------------------------------------------------------
      If the vessel operator . . .                  Then . . .
------------------------------------------------------------------------
(1) has an LLP groundfish license with   Pacific cod must not be
 a Pacific cod endorsement that meets     discarded unless Pacific cod
 the requirements of Sec.  679.4(k)(9).   are required to be discarded
                                          under subpart B of this part,
                                          or Pacific cod are not
                                          authorized to be retained
                                          under subpart A of this part.
(2) does not have an LLP groundfish      Pacific cod must not be
 license with a Pacific cod endorsement   discarded up to the retainable
 that meets the requirements of Sec.      amount specified in Table 11
 679.4(k)(9).                             of this part unless Pacific
                                          cod are required to be
                                          discarded under subpart B of
                                          this part, or Pacific cod are
                                          not authorized to be retained
                                          under subpart A of this part.
------------------------------------------------------------------------

    (iii) In the waters within the State of Alaska:
    (A) Rockfish that are taken when IFQ halibut or IFQ sablefish are on

[[Page 683]]

board unless rockfish are required to be discarded by the laws of the 
State of Alaska.
    (B) Pacific cod that are taken when IFQ halibut or IFQ sablefish are 
on board unless Pacific cod are required to be discarded by the 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) Commence an IFQ landing without a Prior Notice of Landing 
(PNOL), before the date and time stated on the PNOL, or more than 2 
hours after the date and time stated on the PNOL, except as provided in 
Sec. 679.5(l)(1).
    (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 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

[[Page 684]]

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 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;
    (iv) Hold more than two scallop licenses in the name of that person 
at any time.
    (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 license, except as provided in Sec. 679.4(k)(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 vessel to fish for LLP groundfish or crab species, or 
allow a vessel to be used to fish for LLP groundfish or crab species, 
that has an LOA that exceeds the MLOA specified on the license that 
authorizes fishing for LLP groundfish or crab species.
    (7) Lease a groundfish, crab species, or scallop license; or
    (8) Catch and retain scallops:
    (i) Without an original valid scallop license on board;
    (ii) Using a vessel with a MLOA greater than that specified on the 
scallop license; or
    (iii) Using dredge gear contrary to a gear limitation specified on 
the scallop license.
    (9) Use a vessel to fish for LLP groundfish or crab species, or 
allow a vessel to be used to fish for LLP groundfish or crab species, 
other than the vessel named on the license that authorizes fishing for 
LLP groundfish or crab species.
    (j) Prohibitions specific to the GOA (applicable through December 
31, 2002)--(1) Southeast Outside trawl closure. Use any gear other than 
non-trawl gear in the GOA east of 140[deg] W long.
    (2) Catcher vessel trip limit for pollock. Retain on board a catcher 
vessel at any time during a trip, more than 300,000 lb (136 mt) of 
unprocessed pollock.
    (3) Tender vessel restrictions for pollock. (i) Operate as a tender 
vessel east of 157[deg]00[min] W long. for pollock harvested in the GOA.
    (ii) Operate as a tender vessel west of 157[deg]00[min] W long. 
while retaining on board at any time more than 600,000 lb (272 mt) of 
unprocessed pollock.
    (k) Prohibitions specific to the AFA. It is unlawful for any person 
to do any of the following:
    (1) Catcher/processors--(i) Permit requirement. Use a catcher/
processor to engage in directed fishing for non-CDQ BSAI pollock without 
a valid AFA catcher/processor permit on board the vessel.
    (ii) Fishing in the GOA. Use a listed AFA catcher/processor to 
harvest any species of fish in the GOA.
    (iii) Processing BSAI crab. Use a listed AFA catcher/processor to 
process any species of crab harvested in the BSAI.
    (iv) Processing GOA groundfish. Use a listed AFA catcher/processor 
to process any pollock harvested in a directed pollock fishery in the 
GOA and any groundfish harvested in Statistical Area 630 of the GOA.
    (v) Directed fishing after a sideboard closure. Use a listed AFA 
catcher/processor to engage in directed fishing for a groundfish species 
or species group in the BSAI after the Regional Administrator has issued 
an AFA catcher/processor sideboard directed fishing closure for that 
groundfish species or species group under Sec. 679.20(d)(1)(iv) or 
Sec. 679.21(e)(3)(v).
    (vi) Catch weighing--(A) Listed AFA catcher/processors. Process any 
groundfish that was not weighed on a NMFS-approved scale that complies 
with the

[[Page 685]]

requirements of Sec. 679.28(b). Catch may not be sorted before it is 
weighed and each haul must be sampled by an observer for species 
composition.
    (B) Unlisted AFA catcher/processors. Process groundfish harvested in 
the BSAI pollock fishery that was not weighed on a NMFS-approved scale 
that complies with the requirements of Sec. 679.28(b). Catch may not be 
sorted before it is weighed and each haul must be sampled by an observer 
for species composition.
    (vii) Observer sampling station--(A) Listed AFA catcher/processors. 
Process any groundfish without an observer sampling station as described 
at Sec. 679.28(d). A valid observer sampling station inspection report 
must be on board at all times when an observer sampling station is 
required.
    (B) Unlisted AFA catcher/processors. Process groundfish harvested in 
the BSAI pollock fishery without an observer sampling station as 
described at Sec. 679.28(d). A valid observer sampling station 
inspection report must be on board at all times when an observer 
sampling station is required.
    (2) Motherships--(i) Permit requirement. Use a mothership to process 
pollock harvested in a non-CDQ directed fishery for pollock in the BSAI 
without a valid AFA permit on board the mothership.
    (ii) Cooperative processing endorsement. Use an AFA mothership to 
process groundfish harvested by a fishery cooperative formed under 
Sec. 679.61 unless the AFA mothership permit contains a valid 
cooperative pollock processing endorsement.
    (iii) Catch weighing. Process any groundfish that was not weighed on 
a NMFS-approved scale that complies with the requirements of 
Sec. 679.28(b). Catch may not be sorted before it is weighed and each 
delivery must be sampled by an observer for species composition.
    (iv) Observer sampling station. Process any groundfish without an 
observer sampling station as described at Sec. 679.28(d). A valid 
observer sampling station inspection report must be on board at all 
times when an observer sampling station is required.
    (3) AFA inshore processors--(i) Permit requirement. Use a shoreside 
processor or stationary floating processor to process pollock harvested 
in a non-CDQ directed fishery for pollock in the BSAI without a valid 
AFA inshore processor permit at the facility or on board vessel.
    (ii) Cooperative processing endorsement. Use a shoreside processor 
or stationary floating processor required to have an AFA inshore 
processor permit to process groundfish harvested by a fishery 
cooperative formed under Sec. 679.62 unless the AFA inshore processor 
permit contains a valid cooperative pollock processing endorsement.
    (iii) Restricted AFA inshore processors. Use an AFA inshore 
processor with a restricted AFA inshore processor permit to process more 
than 2,000 mt round weight of non-CDQ pollock harvested in the BSAI 
directed pollock fishery in any one calendar year.
    (iv) Single geographic location requirement. Use an AFA inshore 
processor to process pollock harvested in the BSAI directed pollock 
fishery at a location other than the single geographic location defined 
as follows:
    (A) Shoreside processors. The physical location at which the land-
based shoreside processor first processed BSAI pollock harvested in the 
BSAI directed pollock fishery during a fishing year.
    (B) Stationary floating processors. A location within Alaska State 
waters that is within 5 nm of the position in which the stationary 
floating processor first processed BSAI pollock harvested in the BSAI 
directed pollock fishery during a fishing year.
    (v) Catch weighing. Process any groundfish that was not weighed on a 
scale approved by the State of Alaska and meeting the requirements 
specified in Sec. 679.28(c).
    (vi) Catch monitoring and control plan (CMCP). Take deliveries or 
process groundfish delivered by a vessel engaged in directed fishing for 
BSAI pollock without following an approved CMCP as described at 
Sec. 679.28(g). A copy of the CMCP must be maintained on the premises 
and made available to authorized officers or NMFS-authorized personnel 
upon request.
    (4) Catcher vessels--(i) Permit requirement. Use a catcher vessel to 
engage in

[[Page 686]]

directed fishing for non-CDQ BSAI pollock for delivery to any AFA 
processing sector (catcher/processor, mothership, or inshore) unless the 
vessel has a valid AFA catcher vessel permit on board that contains an 
endorsement for the sector of the BSAI pollock fishery in which the 
vessel is participating.
    (ii) Crab sideboard endorsement. Use an AFA catcher vessel to retain 
any BSAI crab species unless the catcher vessel's AFA permit contains a 
crab sideboard endorsement for that crab species.
    (iii) Groundfish sideboard closures. Use an AFA catcher vessel to 
engage in directed fishing for a groundfish species or species group in 
the BSAI or GOA after the Regional Administrator has issued an AFA 
catcher vessel sideboard directed fishing closure for that groundfish 
species or species group under Sec. 679.20(d)(1)(iv), Sec. 679.21(d)(8) 
or Sec. 679.21(e)(3)(iv), if the vessel's AFA permit does not contain a 
sideboard exemption for that groundfish species or species group.
    (5) AFA inshore fishery cooperatives--(i) Overages by vessel. Use an 
AFA catcher vessel listed on an AFA inshore cooperative fishing permit, 
or under contract to a fishery cooperative under Sec. 679.62(c), to 
harvest non-CDQ BSAI pollock in excess of the fishery cooperative's 
annual allocation of pollock specified under Sec. 679.62.
    (ii) Overages by fishery cooperative. An inshore pollock fishery 
cooperative is prohibited from exceeding its annual allocation of BSAI 
pollock TAC.
    (6) Excessive harvesting shares. It is unlawful for an AFA entity to 
harvest, through a fishery cooperative or otherwise, an amount of BSAI 
pollock that exceeds the 17.5-percent excessive share limit specified 
under Sec. 679.20(a)(5)(i)(A)(6). The owners and operators of the 
individual vessels comprising the AFA entity that harvests BSAI pollock 
will be held jointly and severally liable for exceeding the excessive 
harvesting share limit.
    (7) Excessive processing shares. It is unlawful for an AFA entity to 
process an amount of BSAI pollock that exceeds the 30- percent excessive 
share limit specified under Sec. 679.20(a)(5)(i)(A)(7). The owners and 
operators of the individual processors comprising the AFA entity that 
processes BSAI pollock will be held jointly and severally liable for 
exceeding the excessive processing share limit.
    (8) Crab processing limits. It is unlawful for an AFA entity that 
processes pollock harvested in the BSAI directed pollock fishery by an 
AFA inshore or AFA mothership catcher vessel cooperative to use an AFA 
crab facility to process crab in excess of the crab processing sideboard 
cap established for that AFA inshore or mothership entity under 
Sec. 679.66. The owners and operators of the individual entities 
comprising the AFA inshore or mothership entity will be held jointly and 
severally liable for any overages of the AFA inshore or mothership 
entity's crab processing sideboard cap.

[61 FR 31230, June 19, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 679.7, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.

    Effective Date Note: At 67 FR 79728, Dec. 30, 2002, Sec. 679.7 was 
amended by revising paragraphs (a)(7) and (k), effective Jan. 29, 2003, 
through Dec. 31, 2007.



Sec. 679.8  Facilitation of enforcement.

    See Sec. 600.730 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

[[Page 687]]

by part 600 of this chapter is 1.4 to 2.0 million mt.
    (ii) GOA. The OY for groundfish in the GOA regulated by this section 
and by part 600 of this chapter is 116,000 to 800,000 mt.
    (2) TAC. NMFS, after consultation with the Council, will specify and 
apportion the annual TAC and reserves for each calendar year among the 
GOA and BSAI target species and the ``other species'' categories. TACs 
in the target species category may be split or combined for purposes of 
establishing new TACs with apportionments thereof under paragraph (c) of 
this section. The sum of the TACs so specified must be within the OY 
range specified in paragraph (a)(1) of this section.
    (3) Annual TAC determination. The annual determinations of TAC for 
each target species and the ``other species'' category, and the 
reapportionment of reserves may be adjusted, based upon a review of the 
following:
    (i) Biological condition of groundfish stocks. Resource assessment 
documents prepared annually for the Council that provide information on 
historical catch trend; updated estimates of the MSY of the groundfish 
complex and its component species groups; assessments of the stock 
condition of each target species and the ``other species'' category; 
assessments of the multispecies and ecosystem impacts of harvesting the 
groundfish complex at current levels, given the assessed condition of 
stocks, including consideration of rebuilding depressed stocks; and 
alternative harvesting strategies and related effects on the component 
species group.
    (ii) Socioeconomic considerations. Socioeconomic considerations that 
are consistent with the goals of the fishery management plans for the 
groundfish fisheries of the BSAI and the GOA, including the need to 
promote efficiency in the utilization of fishery resources, including 
minimizing costs; the need to manage for the optimum marketable size of 
a species; the impact of groundfish harvests on prohibited species and 
the domestic target fisheries that utilize these species; the desire to 
enhance depleted stocks; the seasonal access to the groundfish fishery 
by domestic fishing vessels; the commercial importance of a fishery to 
local communities; the importance of a fishery to subsistence users; and 
the need to promote utilization of certain species.
    (4) Sablefish TAC--(i) Eastern GOA regulatory area. Vessels in the 
Eastern GOA regulatory area of the GOA using trawl gear will be 
allocated 5 percent of the sablefish TAC for bycatch in other trawl 
fisheries.
    (ii) Central and western GOA regulatory areas--(A) Hook-and-line 
gear. Vessels in the Central and western GOA regulatory areas using 
hook-and-line gear will be allocated 80 percent of the sablefish TAC in 
each of the Central and Western GOA regulatory 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) Bering Sea Subarea--(A) AFA allocations. The 
pollock TAC apportioned to the Bering Sea Subarea, after subtraction of 
the 10 percent CDQ reserve under Sec. 679.31(a), will be allocated as 
follows:
    (1) Incidental catch allowance. The Regional Administrator will 
establish an incidental catch allowance to account for projected 
incidental catch of pollock by vessels engaged in directed fishing for 
groundfish other than pollock and by vessels harvesting non-pollock CDQ. 
If during a fishing year, the Regional Administrator determines that the 
incidental catch allowance has been set too high or too low, he/she may 
issue inseason notification in the Federal Register that reallocates 
incidental catch allowance to the directed fishing allowance, or vice 
versa,

[[Page 688]]

according to the proportions established under paragraph (a)(5)(i)(A) of 
this section.
    (2) Directed fishing allowance. The remaining pollock TAC 
apportioned to the Bering Sea subarea is established as a directed 
fishing allowance.
    (3) Inshore sector allocation. Fifty percent of the directed fishing 
allowance will be allocated to AFA catcher vessels harvesting pollock 
for processing by AFA inshore processors. The inshore allocation will be 
further divided into separate allocations for cooperative and open 
access fishing.
    (i) Inshore cooperatives. The inshore cooperative allocation will be 
equal to the aggregate annual allocations of all AFA inshore catcher 
vessel cooperatives that receive pollock allocations under 
Sec. 679.62(e).
    (ii) Inshore open access. The inshore open access allocation will 
equal that portion of the inshore sector allocation that is not 
allocated to inshore cooperatives.
    (4) Catcher/processor sector allocation. Forty percent of the 
directed fishing allowance will be allocated to AFA catcher/processors 
and AFA catcher vessels delivering to catcher processors.
    (i) Catcher/processor and catcher vessel cooperatives. If by 
December 1 of the year prior to the year when fishing under the 
cooperative agreement will begin, NMFS receives filing of cooperative 
contracts and/or an inter-cooperative agreement entered into by listed 
AFA catcher/processors and all AFA catcher vessels with catcher/
processor sector endorsements, and the Regional Administrator determines 
that such contracts provide for the distribution of harvest between 
catcher/processors and catcher vessels in a manner agreed to by all 
members of the catcher/processor sector cooperative(s), then NMFS will 
not subdivide the catcher/processor sector allocation between catcher 
vessels and catcher/processors.
    (ii) Catcher vessel allocation. If such contract is not filed with 
NMFS by December 1 of the preceding year, then NMFS will allocate 91.5 
percent of the catcher/processor sector allocation to AFA catcher/
processors engaged in directed fishing for pollock and 8.5 percent of 
the catcher/processor sector allocation to AFA catcher vessels 
delivering to catcher/processors.
    (iii) Unlisted AFA catcher processors. Unlisted AFA catcher/
processors will be limited to harvesting not more than 0.5 percent of 
catcher/processor sector allocation.
    (5) Mothership sector allocation. Ten percent of the directed 
fishing allowance will be allocated to AFA catcher vessels harvesting 
pollock for processing by AFA motherships.
    (6) Excessive harvesting share. NMFS will establish an excessive 
harvesting share limit equal to 17.5 percent of the sum of the directed 
fishing allowances established under paragraphs (a)(5)(i) and (a)(5)(ii) 
of this section. The excessive harvesting share limit will be published 
in the annual harvest specifications and is subject to revision on an 
inseason basis if NMFS reallocates unharvested amounts of the incidental 
catch allowance to the directed fishing allowance, or vice versa.
    (7) Excessive processing share. NMFS will establish an excessive 
processing share limit equal to 30.0 percent of the sum of the directed 
fishing allowances established under paragraphs (a)(5)(i) and (a)(5)(ii) 
of this section. The excessive processing share limit will be published 
in the annual harvest specifications and is subject to revision on an 
inseason basis if NMFS reallocates unharvested amounts of the incidental 
catch allowance to the directed fishing allowance, or vice versa.
    (B) BSAI seasonal allowances--(1) Inshore, catcher/processor, 
mothership, and CDQ components. The portions of the BSAI area pollock 
directed fishing allowances allocated to each component under Sections 
206(a) and 206(b) of the AFA will be divided into two seasonal 
allowances corresponding to the two fishing seasons set out at 
Sec. 679.23(e)(2), as follows: A Season, 40 percent; B Season, 60 
percent.
    (2) Inseason adjustments. Within any fishing year, the Regional 
Administrator may add or subtract any under harvest or over harvest of a 
seasonal allowance for a component to the subsequent seasonal allowance 
for the component through notification published in the Federal 
Register.
    (C) Steller sea lion conservation area (SCA) harvest limit. For each 
component

[[Page 689]]

under Sections 206(a) and 206(b) of the AFA and for the open access 
fishery, no more than 28 percent of the annual pollock directed fishery 
allowance may be taken from the SCA before April 1. The SCA is defined 
at Sec. 679.22(a)(7)(vii).
    (D)-(E) [Reserved]
    (F) Steller sea lion conservation area harvest limit (applicable 
through December 31, 2002).
    (1) For each component under Sections 206(a) and 206(b) of the 
American Fisheries Act and for the open access fishery, no more than 28 
percent of the annual pollock directed fishery allowance may be taken 
from the Steller sea lion conservation area (SCA) before April 1. The 
SCA is defined at Sec. 679.22(a)(11)(vii).
    (2) After April 1, the unharvested amount available in the SCA 
before April 1 is available for directed fishing either within or 
outside the SCA during the remainder of the A season.
    (ii) Aleutian Islands Subarea and Bogoslof District. If the Aleutian 
Islands subarea and/or Bogoslof District is open to directed fishing for 
pollock by regulation, then the pollock TAC for those areas will be 
allocated according to the same procedure established for the Bering Sea 
subarea at paragraph (a)(5)(i) of this section. If the Aleutian Islands 
subarea and/or Bogoslof District is closed to directed fishing for 
pollock by regulation then the entire TAC for those areas will be 
allocated as an incidental catch allowance.
    (iii) 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) GOA Western and Central Regulatory Areas seasonal 
apportionments. Each apportionment established under paragraph 
(a)(5)(iii)(A) of this section will be divided into four seasonal 
apportionments corresponding to the four fishing seasons set out at 
Sec. 679.23(d)(2) as follows: A Season, 25 percent; B Season, 25 
percent; C Season, 25 percent; and D Season, 25 percent. Within any 
fishing year, under harvest or over harvest of a seasonal apportionment 
may be added to or subtracted from remaining seasonal apportionments in 
a manner to be determined by the Regional Administrator, provided that 
any revised seasonal apportionment does not exceed 30 percent of the 
annual TAC apportionment for a GOA regulatory area.
    (C) GOA seasonal apportionments (applicable through December 31, 
2002). Each apportionment established under paragraph (a)(5)(ii)(A) of 
this section will be divided into four seasonal apportionments 
corresponding to the four fishing seasons set out at Sec. 679.23(d)(3) 
of this part as follows: A Season, 25 percent; B Season, 25 percent; C 
Season, 25 percent; D Season, 25 percent. Within any fishing year, under 
harvest or over harvest of a seasonal apportionment may be added to or 
subtracted from remaining seasonal apportionments in a manner to be 
determined by the Regional Administrator, provided that any revised 
seasonal apportionment does not exceed 30 percent of the annual TAC 
apportionment for the combined GOA Western and Central Regulatory Areas.
    (6) GOA inshore/offshore allocations--(i) GOA pollock. The 
apportionment of pollock in all GOA regulatory areas and for each 
seasonal allowance described in paragraph (a)(5)(iii) of this section 
will be allocated entirely to vessels harvesting 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.
    (ii) GOA Pacific cod. The apportionment of Pacific cod in all GOA 
regulatory areas will be allocated 90 percent to vessels harvesting 
Pacific cod for processing by the inshore component in the GOA and 10 
percent to vessels harvesting 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.

[[Page 690]]

    (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) Allocations among vessels using hook-and-line or pot gear 
(Applicable through December 31, 2003). (1) The Regional Administrator 
annually will estimate the amount of Pacific cod taken as incidental 
catch in directed fisheries for groundfish other than Pacific cod by 
vessels using hook-and-line or pot gear and deduct that amount from the 
portion of Pacific cod TAC annually allocated to hook-and-line or pot 
gear under paragraph (a)(7)(i)(A) of this section. The remainder will be 
further allocated as directed fishing allowances as follows:
    (i) 80 percent to catcher/processor vessels using hook-and-line 
gear;
    (ii) 0.3 percent to catcher vessels using hook-and-line gear;
    (iii) 18.3 percent to vessels using pot gear; and
    (iv) 1.4 percent to catcher vessels less than 60 ft LOA that use 
either hook-and-line or pot gear.
    (2) Harvest of Pacific cod by catcher vessels less than 60 ft (18.3 
m) LOA using pot gear:
    (i) Will accrue against the 18.3 percent specified in paragraph 
(a)(7)(i)(C)(1)(iii) of this section when the Pacific cod fishery for 
vessels equal to or greater than 60 ft (18.3 m) LOA using pot gear is 
open.
    (ii) Will accrue against the 1.4 percent specified in paragraph 
(a)(7)(i)(C)(1)(iv) of this section when the Pacific cod fishery for 
vessels equal to or greater than 60 ft (18.3 m) LOA using pot gear is 
closed.
    (3) Harvest of Pacific cod by catcher vessels less than 60 ft (18.3 
m) LOA using hook-and-line gear:
    (i) Will accrue against the 0.3 percent specified in paragraph 
(a)(7)(i)(C)(1)(ii) of this section when the Pacific cod fishery for 
vessels equal to or greater than 60 ft (18.3 m) LOA using hook-and-line 
gear is open.
    (ii) Will accrue against the 1.4 percent specified in paragraph 
(a)(7)(i)(C)(1)(iv) of this section when the Pacific cod fishery for 
vessels equal to or greater than 60 ft (18.3 m) LOA using hook-and-line 
gear is closed.
    (4) (Applicable through December 31, 2002) Harvest of Pacific cod 
made by catcher vessels less than 60 ft (18.3 m) LOA using pot gear:
    (i) Will accrue against the 18.3 percent specified in paragraph 
(a)(7)(i)(C)(1)(iii) of this section when the Pacific cod fishery for 
vessels equal to or greater than 60 ft (18.3 m) LOA using pot gear is 
open.
    (ii) Will accrue against the 1.4 percent specified in paragraph 
(a)(7)(i)(C)(1)(iv) of this section when the Pacific cod fishery for 
vessels equal to or greater than 60 ft (18.3 m) LOA using pot gear is 
closed.
    (5) (Applicable through December 31, 2002) Harvest of Pacific cod 
made by catcher vessels less than 60 ft (18.3 m) LOA using hook-and-line 
gear:
    (i) Will accrue against the 0.3 percent specified in paragraph 
(a)(7)(i)(C)(1)(ii) of this section when the Pacific cod fishery for 
vessels equal to or greater than 60 ft (18.3 m) LOA using hook-and-line 
gear is open.
    (ii) Will accrue against the 1.4 percent specified in paragraph 
(a)(7)(i)(C)(1)(iv) of this section when the Pacific cod fishery for 
vessels equal to or greater than 60 ft (18.3 m) LOA using hook-and-line 
gear is closed.
    (D) The Regional Administrator may establish separate directed 
fishing allowances and prohibitions authorized under paragraph (d) of 
this section for vessels harvesting Pacific cod using trawl gear, jig 
gear, hook-and-line gear, or pot gear.
    (ii) Unused gear allocations--
    (A) Reallocation within the trawl sector. If, during a fishing 
season, the Regional Administrator determines that either component of 
catcher vessels using trawl gear or catcher/processors using trawl gear 
will not be able to harvest the entire amount of Pacific cod in the BSAI 
allocated to those vessels under paragraph (a)(7)(i), (a)(7)(ii)(C), or 
(a)(7)(iii)(A) of this section, he/she may reallocate the projected 
unused amount of Pacific cod to vessels using trawl gear in the other 
component through notification in the Federal Register before any 
reallocation to vessels using other gear type(s).

[[Page 691]]

    (B) Reallocation among vessels using hook-and-line or pot gear. If, 
during a fishing year, the Regional Administrator determines that 
catcher vessels using hook-and-line gear or vessels less than 60 ft LOA 
using hook-and-line or pot gear will not be able to harvest the directed 
fishing allowance of Pacific cod allocated to those vessels under 
paragraphs (a)(7)(i)(C)(1)(ii) or (a)(7)(i)(C)(1)(iv) of this section, 
NMFS may reallocate the projected unused amount of Pacific cod as a 
directed fishing allowance to catcher/processor vessels using hook-and-
line gear through notification in the Federal Register.
    (C) Reallocation between vessels using trawl or non-trawl gear. If, 
during a fishing year, the Regional Administrator determines that 
vessels using trawl gear, hook-and-line gear, pot gear or jig 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)(A), (a)(7)(i)(B) 
or (a)(7)(i)(C) 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, except 
as provided below:
    (1) 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 only to vessels using hook-and-line or pot gear through 
notification in the Federal Register.
    (2) Reallocation of TAC to catcher/processor vessels using hook-and-
line gear or vessels using pot gear. Any unharvested amounts of Pacific 
cod TAC that are reallocated from vessels using trawl or jig gear to 
catcher/processor vessels using hook-and-line gear or vessels using pot 
gear to increase directed allowances established under paragraphs 
(a)(7)(i)(C)(1)(i) or (a)(7)(i)(C)(1)(iii) of this section, will be 
apportioned so that catcher/processor vessels using hook-and-line gear 
will receive 95 percent and vessels using pot gear will receive 5 
percent of any such reallocation.
    (D) Unused seasonal allowance for trawl. Any unused portion of a 
seasonal allowance of Pacific cod for vessels using trawl gear under 
paragraph (a)(7)(ii) or (a)(7)(iii)(A) of this section may be 
reapportioned by the Regional Administrator to the subsequent seasonal 
allocations for vessels using trawl gear.
    (E) Unused seasonal allowance for trawl (applicable through December 
31, 2002). Any unused portion of a seasonal allowance of Pacific cod for 
vessels using trawl gear under paragraphs (a)(7)(ii)(D) and 
(a)(7)(iii)(D) of this section may be reapportioned by the Regional 
Administrator, through notification in the Federal Register, to the 
subsequent seasonal allocations for vessels using trawl gear.
    (iii) Seasonal allowances--
    (A) Seasonal apportionment and gear allocations. The Pacific cod 
BSAI gear allocations and apportionments by seasons, as specified in 
Sec. 679.23 (e)(5), are as follows:
[GRAPHIC] [TIFF OMITTED] TR02JA03.005


[[Page 692]]


    (B) Unused seasonal allowances. Any unused portion of a seasonal 
allowance of Pacific cod allocated to vessels using hook-and-line or pot 
gear under paragraph (a)(7)(i)(C) of this section will be reallocated to 
the remaining seasons during the current fishing year in a manner 
determined by NMFS, after consultation with the Council.
    (C) Seasonal apportionment and gear allocations (applicable through 
December 31, 2002). The Pacific cod BSAI gear allocations and 
apportionments by seasons, as specified in Sec. 679.23 (e)(6), are as 
follows:

------------------------------------------------------------------------
                                          A season   B season   C season
               Gear type                 (percent)  (percent)  (percent)
------------------------------------------------------------------------
Trawl..................................         60         20         20
Trawl CV...............................         70         10         20
Trawl CP...............................         50         30         20
Hook-and-line [ge]60 ft (18.3 m) LOA,           60         40
 non-CDQ pot vessels [ge]60 ft (18.3 m)
 LOA, and jig vessels..................
All other nontrawl vessels.............    No seasonal apportionment.
------------------------------------------------------------------------
CV = catcher vessels.
CP = catcher/processor vessels.

    (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.
    (C) Harvest limit area (HLA) limits. Atka mackerel harvest is 
limited in the HLA, as defined in Sec. 679.2, as follows:
    (1) The Regional Administrator will establish an HLA harvest limit 
of no more than 60 percent of the seasonal TAC as specified in paragraph 
(a)(8)(ii)(A) of this section.
    (2) CDQ fishing. A CDQ group is prohibited from exceeding the CDQ 
portion of the percentage of annual Atka mackerel in areas 542 and/or 
543 specified in paragraph (a)(8)(ii)(C)(1) of this section for the HLA.
    (iii) Atka mackerel HLA directed fishing--(A) Registration. All 
vessels using trawl gear to conduct directed fishing for Atka mackerel 
in the HLA, as defined in Sec. 679.2, are required to register with 
NMFS. To register, the vessel owner or operator must provide information 
required by Sec. 679.4(b)(5)(vi) for an endorsement to the vessel's 
Federal Fisheries Permit issued under Sec. 679.4.
    (1) To participate in the A season HLA fishery, registration 
information must be received by NMFS, Restricted Access Management 
Program, by 4:30 p.m., A.l.t., of the first working day following 
January 1.
    (2) To participate in the B season HLA fishery,
    (i) The vessel must be registered for the A season HLA fishery and 
must maintain registration for the HLA fishery through the first working 
day following July 31, or
    (ii) The vessel must be registered for the HLA fishery with NMFS, 
Restricted Access Management Program, by 4:30 p.m., A.l.t., of the first 
working day following July 31.
    (B) HLA assignment. For each season, NMFS will manage the HLA 
directed fishery for the vessels registered to fish in areas 542 or 543 
under paragraph (a)(8)(iii)(A) of this section as follows:

[[Page 693]]

    (1) Lottery. The Regional Administrator or his/her designee will 
randomly assign each vessel to one of two directed fisheries for each 
statistical area in which the vessel is registered under paragraph 
(a)(8)(iii)(A) of this section. Each HLA directed fishery within a 
statistical area will be assigned an equal number of vessels unless 
there is an odd number of vessels under paragraph (a)(8)(iii)(A) of this 
section. In the case of an odd number of vessels, the Regional 
Administrator or his/her designee will assign one additional vessel to 
one HLA directed fishery. Vessels registering under paragraph 
(a)(8)(iii)(A) of this section to fish in both area 542 and area 543 
will be randomly assigned to an HLA directed fishery in area 542 and 
will be placed in the area 543 HLA directed fishery occurring at an 
alternate time during the season.
    (2) Notification. The Regional Administrator will provide the 
results of the lottery under (a)(8)(iii)(B)(1) of this section by 
notification published in the Federal Register and other means of 
practicable notification.
    (C) HLA directed fisheries. 48 hours after a prohibited directed 
fishing for Atka mackerel in area 541, the Regional Administrator will 
allow directed fishing within the HLA in areas 542 and 543. The Regional 
Administrator will provide notification by publication in the Federal 
Register of the opening and closure dates of the HLA directed fisheries, 
as determined by paragraph (a)(8)(iii)(E) of this section. Closures 
specified in Table 6 to this part and in Sec. 679.22(a)(8) will remain 
in effect.
    (D) HLA harvest limit. The Regional Administrator will establish the 
harvest limit for each HLA directed fishery for each area based on the 
seasonal apportionment at paragraph (a)(8)(ii)(C) of this section and in 
proportion to the number of vessels in an HLA directed fishery compared 
to the total number of vessels fishing in the HLA of an area during a 
season.
    (E) HLA directed fishery closure. The Regional Administrator will 
establish the closure date of the Atka mackerel HLA directed fishery for 
each statistical area based on the estimated fishing capacity of vessels 
registered to fish in the area and assigned to the HLA directed fishery 
under paragraph (a)(8)(iii)(B) of this section. Each HLA directed 
fishery will last no longer than 14 days.
    (F) Groundfish directed fishery prohibition. Vessels registering 
under paragraph (a)(8)(iii)(A) of this section are prohibited from 
participating in any groundfish directed fishery other than the one 
assigned under paragraph (a)(8)(iii)(B) of this section during the 
opening of the first HLA directed fishery assigned to the vessel in a 
season, as specified in Sec. 679.7(a)(19).
    (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.
    (11) GOA Pacific cod TAC--(i) Seasonal apportionment. The TAC 
established for Pacific cod in the Western and Central Regulatory Areas 
of the GOA will be divided 60 percent to the A season and 40 percent to 
the B season, as specified in Sec. 679.23(d)(3).
    (ii) The Regional Administrator may apply any underage or overage of 
Pacific cod harvest from one season to the subsequent season. In adding 
or subtracting any underages or overages to the subsequent season, the 
Regional Administrator shall consider bycatch needed to optimize catch 
by gear groups and sectors.
    (iii) Pacific cod catch between the A and B seasons. Pacific cod 
harvested between the closure of the A season and opening of the B 
season shall be deducted from the B season TAC apportionment.
    (b) Reserves--(1) BSAI--(i) General. Fifteen percent of the BSAI TAC 
for each target species and the ``other species'' category, except 
pollock and 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''

[[Page 694]]

category, except pollock and the hook-and-line and pot gear allocation 
for sablefish.
    (ii) Nonspecified reserve. The reserve is not designated by species 
or species group, and any amount of the reserve may be apportioned to a 
target species, except the hook-and-line gear and pot gear allocation 
for sablefish, or the ``other species'' category, provided that such 
apportionments are consistent with paragraph (a)(3) of this section and 
do not result in overfishing of a target species or the ``other 
species'' category.
    (iii) CDQ reserve--(A) Groundfish CDQ Reserve. Except as limited by 
Sec.  679.31(a), 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.
    (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) Pacific cod. Any amounts of the BSAI nonspecific reserve that 
are apportioned to Pacific cod as provided by paragraph (b)(1)(ii) of 
this section must be apportioned among 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) 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. Any amounts of the GOA 
reserve that are reapportioned to pollock as provided by paragraph (b) 
of this section must be apportioned for processing by the inshore 
component in the GOA and the offshore component in the GOA in the same 
proportions specified in paragraph (a)(6)(i) of this section.
    (ii) Pacific Cod inshore-offshore reapportionment. Any amounts of 
the GOA reserve that are reapportioned to Pacific cod as provided by 
paragraph (b) of this section must be apportioned for processing by 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.
    (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

[[Page 695]]

the proposed apportionments, retentions, or PSC limit adjustments under 
this paragraph (b) before such apportionments, retentions, or 
adjustments are made, unless NMFS finds that there is good cause for not 
providing a prior comment opportunity, and publishes the reasons 
therefor in the notification of apportionment, retention, or adjustment.
    (B) Submittal dates. Comments provided for in this paragraph 
(b)(3)(iii) must be received by NMFS not later than 5 days before April 
1, June 1, and August 1, or other dates that may be specified.
    (C) Subsequent comment. If NMFS determines for good cause that 
notification of apportionment, retention or PSC limit adjustment must be 
issued without providing interested persons a prior opportunity for 
public comment, comments on the apportionment, retention or adjustment 
will be received for a period of 15 days after its effective date.
    (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 allowances of pollock 
or Pacific cod), one-fourth of the proposed halibut prohibited species 
catch amounts, and the proposed first seasonal allowances of pollock and 
Pacific cod.
    (ii) BSAI. Except for pollock, Pacific cod, Atka mackerel, 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, Pacific cod, and Atka 
mackerel will be equal to the first seasonal allowances for pollock, 
Pacific cod, and Atka mackerel that are published in the proposed 
specifications under paragraph (c)(1) of this section.

[[Page 696]]

    (B) The interim specifications for CDQ pollock, CDQ Atka mackerel, 
and CDQ Pacific cod will be equal to the first seasonal allowances that 
are published in the proposed specifications under paragraph (c)(1) of 
this section.
    (3) Final specifications--(i) Notification. NMFS will consider 
comments on the proposed specifications received during the comment 
period and, after consultation with the Council, will publish final 
specifications in the Federal Register. The final specifications will 
supersede the interim specifications.
    (ii) GOA. The final specifications will specify the annual TAC for 
each target species and the ``other species'' category and 
apportionments thereof, halibut prohibited species catch amounts, and 
seasonal allowances of pollock.
    (iii) BSAI. The final specifications will specify the annual TAC for 
each target species and the ``other species'' category and 
apportionments thereof, PSQ reserves and prohibited species catch 
allowances, seasonal allowances of the pollock TAC (including pollock 
CDQ), and CDQ reserve amounts.
    (4) AFA and inshore/offshore allocations--(i) BSAI pollock. The 
annual harvest specifications will specify the allocation of pollock for 
processing by each AFA industry component in the BSAI, and any seasonal 
allowances thereof, as authorized under paragraph (a)(5) of this 
section.
    (ii) GOA pollock and Pacific cod. The annual harvest 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.
    (iv) AFA sideboard limitations--(A) If the Regional Administrator 
determines that any sideboard harvest limit for a group of AFA vessels 
established under Sec. 679.64 has been or will be reached, the Regional 
Administrator may establish a sideboard directed fishing allowance for 
the species or species group applicable only to the identified group of 
AFA vessels.

[[Page 697]]

    (B) In establishing a directed fishing allowance under paragraph 
(d)(1)(iv)(A) of this section, the Regional Administrator will consider 
the amount of the sideboard limit established for a group of AFA vessels 
under Sec. 679.64 that will be taken as incidental catch by those 
vessels in directed fishing for other species.
    (C) If the Regional Administrator determines that a sideboard amount 
is insufficient to support a directed fishery for that species then the 
Regional Administrator may set the sideboard directed fishing allowance 
at zero for that species or species group.
    (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.
    (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.
    (4) Harvest control for pollock, Atka mackerel, and Pacific cod. If 
a biological assessment of stock condition for pollock, Pacific cod, or 
Atka mackerel within an area projects that the spawning biomass in that 
area will be equal to or below 20 percent of the projected unfished 
spawning biomass during a fishing year, the Regional Administrator will 
prohibit the directed fishery for the relevant species within the area. 
The Regional Administrator will prohibit the directed fishery under this 
paragraph by notification published in the Federal Register. The 
directed fishery will remain closed until a subsequent biological 
assessment projects that the spawning biomass for the species in the 
area will exceed 20 percent of the projected unfished spawning biomass 
during a fishing year.
    (e) Maximum retainable amounts--(1) Proportion of basis species. The 
maximum retainable amount for an incidental catch species 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 amount for 
a specific incidental catch species, an individual retainable amount 
must be calculated with respect to each basis species that is retained 
on board that vessel.
    (ii) To obtain these individual retainable amounts, multiply the 
appropriate retainable percentage for the incidental catch species/basis 
species combination, set forth in Table 10 to

[[Page 698]]

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 amount for that specific incidental 
catch species is the sum of the individual retainable amount.
    (iv) The maximum retainable amount for vessels fishing during an 
individual fishing trip in areas closed to directed fishing and in areas 
open to directed fishing is the lowest maximum retainable amount 
applicable to the prohibited species or species group in any of these 
areas, and this maximum retainable amount must be applied for the 
duration of the individual fishing trip.
    (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, or any groundfish species for which directed 
fishing is closed may not be used to calculate retainable amounts of 
other groundfish species. CDQ species may only be used to calculate 
retainable amounts of other CDQ 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 the following percentages of the total 
round-weight equivalent of pollock, as calculated from the primary 
pollock product on board the vessel during the same fishing trip:
    (A) 7 percent in the Gulf of Alaska, and
    (B) 9 percent in the Bering Sea and Aleutian Islands.
    (ii) Determinations of allowable retention of pollock roe will be 
based on amounts of pollock harvested, received, or processed during a 
single fishing trip.
    (iii) Pollock or pollock products from previous fishing trips that 
are retained on board a vessel may not be used to determine the 
allowable retention of pollock roe for that vessel.
    (2) Primary product. (i) For purposes of this paragraph (g), only 
one primary pollock product per fish, other than roe, may be used to 
calculate the round-weight equivalent.
    (ii) A primary pollock product that contains roe (such as headed and 
gutted pollock with roe) may not be used to calculate the round-weight 
equivalent of pollock.
    (iii) The primary pollock product must be distinguished from 
ancillary pollock products in the DCPL required under Sec. 679.5(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).
    (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 amount of pollock roe that can be 
retained on board a vessel during the same fishing trip, multiply the 
round-weight equivalent by 0.07 in the Gulf of Alaska or 0.09 in the 
Bering Sea and Aleutian Islands.
    (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 in the Gulf of 
Alaska or 0.09 in the Bering Sea and Aleutian Islands.
    (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

[[Page 699]]

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 to this part.
    (2) Adjustments. The Regional Administrator may adjust standard PRRs 
and product types specified in Table 3 to 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 to 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 to this part at 
the beginning of that calendar year.
    (iii) No new product type will be announced until NMFS publishes the 
proposed adjustment and/or new product type in the Federal Register and 
provides the public with at least 30 days opportunity for public 
comment.
    (iv) Any adjustment of a PRR that acts to further restrict the 
fishery will not be effective until 30 days after the date of 
publication in the Federal Register.
    (v) If NMFS makes any adjustment or announcement without providing a 
prior notification and opportunity for prior public comment, the 
Regional 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]

    Editorial Note: For Federal Register citations affecting 
Sec. 679.20, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 67 FR 79730, Dec. 30, 2002, Sec. 679.20 was 
amended by redesignating paragraph (a)(5)(ii) as paragraph (a)(5)(iii); 
adding new paragraphs (a)(5)(ii) and (d)(1)(iv); and revising paragraphs 
(a)(5)(i)(A), (a)(6), (b)(1)(i), and (c)(4), effective Jan. 29, 2003, 
through Dec. 31, 2007.



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) See Sec. 679.2 for definition of prohibited 
species.
    (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

[[Page 700]]

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.
    (5) Sablefish as a prohibited species. (See Sec. 679.24(c)(2)(ii).)
    (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 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

[[Page 701]]

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. After 
consultation with the Council, NMFS will publish notification in the 
Federal Register specifying the proposed halibut PSC limit for vessels 
using trawl gear.
    (ii) Bycatch allowance. The halibut PSC limit specified for vessels 
using trawl gear may be further apportioned as bycatch allowances to the 
fishery categories listed in paragraph (d)(3)(iii) of this section, 
based on each category's proportional share of the anticipated halibut 
bycatch mortality during a fishing year and the need to optimize the 
amount of total groundfish harvest under the halibut PSC limit. The sum 
of all bycatch allowances will equal the halibut PSC limit established 
under this paragraph (d).
    (iii) Trawl fishery categories. For purposes of apportioning the 
trawl halibut PSC limit among fisheries, the following fishery 
categories are specified and defined in terms of round-weight 
equivalents of these GOA groundfish species for which a TAC has been 
specified under Sec. 679.20:
    (A) Shallow-water species fishery. Fishing with trawl gear during 
any weekly reporting period that results in a retained aggregate catch 
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka 
mackerel, and ``other species'' that is greater than the retained 
aggregate amount of other GOA groundfish species or species group.
    (B) Deep-water species fishery. Fishing with trawl gear during any 
weekly reporting period that results in a retained catch of groundfish 
and is not a shallow-water species fishery as defined under paragraph 
(d)(3)(iii)(A) of this section.
    (4) Hook-and-line and pot gear fisheries--(i) Notification. After 
consultation with the Council, NMFS will publish notification in the 
Federal Register specifying the proposed and final halibut PSC limits 
for vessels using hook-and-line gear. The notification also may specify 
a halibut PSC limit for the pot gear fisheries.
    (ii) Halibut bycatch allowance. The halibut PSC limit specified for 
vessels using hook-and-line gear may be further apportioned, as bycatch 
allowances, to the fishery categories listed in paragraph (d)(4)(iii) of 
this section, based on each category's proportional share of the 
anticipated halibut bycatch mortality during a fishing year and the need 
to optimize the amount of total groundfish harvest under the halibut PSC 
limit. The sum of all bycatch allowances will equal the halibut PSC 
limit established under this paragraph (d).
    (iii) Hook-and-line fishery categories. For purposes of apportioning 
the hook-and-line halibut PSC limit among fisheries, the following 
fishery categories are specified and defined in terms of round-weight 
equivalents of those GOA groundfish species for which a TAC has been 
specified under Sec. 679.20.
    (A) Demersal shelf rockfish in the Southeast Outside District. 
Fishing with hook-and-line gear in the Southeast Outside District of the 
Eastern GOA regulatory area (SEEO) during any weekly reporting period 
that results in a retained catch of demersal shelf

[[Page 702]]

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 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

[[Page 703]]

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 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.
    (8) AFA halibut bycatch limitations. Halibut bycatch limits for AFA 
catcher vessels will be established according to the procedure and 
formula set out in Sec. 679.64(b) and managed through directed fishing 
closures for AFA catcher vessels in the groundfish fisheries to which 
the halibut bycatch limit applies.
    (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. The following table refers 
to the PSC limits for red king crab that you must follow in Zone 1:

------------------------------------------------------------------------
 When the number of mature female red king    The zone 1 PSC limit will
                crab is ...                             be ...
------------------------------------------------------------------------
(A) At or below the threshold of 8.4         32,000 red king crab.
 million mature crab or the effective
 spawning biomass is less than or equal to
 14.5 million lb (6,577 mt)
(B) Above the threshold of 8.4 million       97,000 red king crab.
 mature crab and the effective spawning
 biomass is greater than 14.5 but less than
 55 million lb (24,948 mt)
(C) Above the threshold of 8.4 million       197,000 red king crab.
 mature crab and the effective spawning
 biomass is equal to or greater than 55
 million lb
------------------------------------------------------------------------

    (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) The following table refers to the PSC limits for C. bairdi that 
you must follow in Zone 1:

------------------------------------------------------------------------
   When the total abundance of C. bairdi
               crabs is ...                   The PSC limit will be ...
------------------------------------------------------------------------
(1) 150 million animals or less             0.5 percent of the total
                                             abundance minus 20,000
                                             animals

[[Page 704]]

 
(2) Over 150 million to 270 million         730,000 animals
 animals
(3) Over 270 million to 400 million         830,000 animals
 animals
(4) Over 400 million animals                980,000 animals
------------------------------------------------------------------------

    (B) This table refers to the PSC limits for C. bairdi that you must 
follow in Zone 2.

------------------------------------------------------------------------
   When the total abundance of C. bairdi
               crabs is ...                   The PSC limit will be ...
------------------------------------------------------------------------
(1) 175 million animals or less             1.2 percent of the total
                                             abundance minus 30,000
                                             animals
(2) Over 175 million to 290 million         2,070,000 animals
 animals
(3) Over 290 million to 400 million         2,520,000 animals
 animals
(4) Over 400 million animals                2,970,000 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, minus 150,000 C. opilio crabs, 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 
4.350 million animals; or
    (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 
12.850 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 3,675 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 trawl closures identified in paragraph 
(e)(7)(viii) of this section will take effect when the Regional 
Administrator determines that the PSC limit of chinook salmon caught 
while harvesting pollock in the BSAI between January 1 and December 31 
is attained according to the following amounts identified for each year:

------------------------------------------------------------------------
                                                         Chinook Salmon
                         Year                                Limit
------------------------------------------------------------------------
2001                                                              41,000
2002                                                              37,000
2003                                                              33,000
2004 and after                                                    29,000
------------------------------------------------------------------------

    (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,

[[Page 705]]

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[min] and 56[deg]10[min] 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.
    (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

[[Page 706]]

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).
    (v) AFA prohibited species catch limitations. Halibut and crab PSC 
limits for AFA catcher/processors and AFA catcher vessels will be 
established according to the procedures and formulas set out in 
Sec. 679.64(a) and (b) and managed through directed fishing closures for 
AFA catcher/processors and AFA catcher vessels in the groundfish 
fisheries for which the PSC limit applies.
    (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.
    (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

[[Page 707]]

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 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

[[Page 708]]

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)(vi)(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 
to this part to directed fishing for each species and/or species group 
in that fishery category.
    (B) Exceptions--(1) Midwater pollock. When the midwater pollock 
fishery category reaches its specified bycatch allowance, or seasonal 
apportionment thereof, the Herring Savings Areas are closed to directed 
fishing for pollock with trawl gear.
    (2) Pollock/Atka mackerel/ ``other species''. When the pollock/Atka 
mackerel/``other species'' fishery category reaches its specified 
bycatch allowance, or seasonal apportionment thereof, the Herring 
Savings Areas are closed to directed fishing for pollock by trawl 
vessels using nonpelagic trawl gear.
    (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. If, during the fishing year, the Regional 
Administrator determines that catch of chinook salmon, by vessels using 
trawl gear while directed fishing for pollock in the BSAI, will reach 
the annual limit as identified in paragraph (e)(1)(vii) of this section, 
NMFS, by notification in the Federal Register will close the Chinook 
Salmon Savings Area, as defined in Figure 8 to this part, to directed 
fishing for pollock with trawl gear consistent with the following dates:
    (A) From the effective date of the closure until April 15, and from 
September 1 through December 31, if the Regional Administrator 
determines that the annual limit of chinook salmon will be attained 
before April 15.
    (B) From September 1 through December 31, if the Regional 
Administrator determines that the annual limit of chinook salmon will be 
attained after April 15.
    (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

[[Page 709]]

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 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.

[[Page 710]]

    (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.
    (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

[[Page 711]]

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, 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; 64 FR 61981, Nov. 15, 
1999; 65 FR 31107, May 16, 2000; 65 FR 60588, Oct. 12, 2000; 65 FR 
64896, Oct. 31, 2000; 67 FR 4132, 4148, Jan. 28, 2002]

    Effective Date Note: At 67 FR 79731, Dec. 30, 2002, Sec. 679.21 was 
amended by adding paragraphs (d)(8) and (e)(3)(v), effective Jan. 29, 
2003, through Dec. 31, 2007.



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)(3)(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

[[Page 712]]

Round Island and The Twins, as shown on National Ocean Survey Chart 
16315, and around Cape Pierce (58[deg]33[min] N. lat., 161[deg]43[min] 
W. long.).
    (5) Catcher Vessel Operational Area (CVOA)--(i) Definition. The CVOA 
is defined as that part of the BSAI that is south of 56[deg]00[min] N 
lat. and between 163[deg]00[min] W long. and 167[deg]30[min] W long., 
and north of the Aleutian Islands (Figure 2 to part 679).
    (ii) Catcher/processor restrictions. A catcher/processor vessel 
authorized to fish for BSAI pollock under Sec. 679.4 is prohibited from 
conducting directed fishing for pollock in the CVOA during the B pollock 
season defined at Sec. 679.23(e)(2)(ii), unless it is operating under a 
CDP approved by NMFS.
    (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--(i) 
Bogoslof area--(A) Boundaries. The Bogoslof area consists of all waters 
of area 518 as described in Figure 1 of this part south of a straight 
line connecting 55[deg]00[min] N lat./170[deg]00[min] W long., and 
55[deg]00[min] N lat./168[deg]11[min]4.75[min] W long.;
    (B) Fishing prohibition. All waters within the Bogoslof area are 
closed to directed fishing for pollock, Pacific cod, and Atka mackerel 
by vessels named on a Federal Fisheries Permit under Sec. 679.4(b), 
except as provided in paragraph (a)(7)(i)(C) of this section.
    (C) Bogoslof Pacific cod exemption area. (1) All catcher vessels 
less than 60 ft (18.3 m) LOA using jig or hook-and-line gear for 
directed fishing for Pacific cod are exempt from the Pacific cod fishing 
prohibition as described in paragraph (a)(7)(i)(B) of this section in 
the portion of the Bogoslof area south of a line connecting a point 3 nm 
north of Bishop Point (54[deg]01[min]25[min] N lat./166[deg] 
57[min]00[min] W long.) to Cape Tanak (53[deg]33[min]50[min] N lat./
168[deg]00[min]00'' W long.), not including waters of the Bishop Point 
Pacific cod fishing closures as described in Table 5 of this part.
    (2) If the Regional Administrator determines that 113 mt of Pacific 
cod have been caught by catcher vessels less than 60 ft (18.3 m) LOA 
using jig or hook-and-line gear in the exemption area described in 
paragraph (a)(7)(i)(C)(1) of this section, the Regional Administrator 
will prohibit directed fishing for Pacific cod by catcher vessels less 
than 60 ft (18.3 m) LOA using jig or hook-and-line gear in the exemption 
area by notification published in the Federal Register.
    (ii) Bering Sea Pollock Restriction Area. (A) Boundaries. The Bering 
Sea Pollock Restriction Area consists of all waters of the Bering Sea 
subarea south of a line connecting the points 163[deg]0[min]00[min] W 
long./55[deg]46[min]30[min] N lat., 165[deg]08[min]00[min] W long./
54[deg]42[min]9[min] N lat., 165[deg]40[min]00[min] W long./
54[deg]26[min]30[min] N lat., 166[deg]12[min]00[min] W long./
54[deg]18[min]40[min] N lat., and 167[deg]0[min]00[min] W long./
54[deg]8[min]50[min] N lat.
    (B) Fishing prohibition. All waters within the Bering Sea Pollock 
Restriction Area are closed during the A season, as defined at 
Sec. 679.23(e)(2), to directed fishing for pollock by vessels named on a 
Federal Fisheries Permit under Sec. 679.4(b).
    (iii) Groundfish closures. Directed fishing for groundfish by 
vessels named on a Federal Fisheries Permit under Sec. 679.4(b) is 
prohibited within 3 nm of selected sites. These sites are listed in 
Table 12 of this part and are identified by ``Bering Sea'' in column 2.
    (iv) Pollock closures. Directed fishing for pollock by vessels named 
on a Federal Fisheries Permit under Sec. 679.4(b) is prohibited within 
pollock no-fishing zones around selected sites. These sites are listed 
in Table 4 of this part and are identified by ``Bering Sea'' in column 
2.
    (v) Pacific cod closures. Directed fishing for Pacific cod by 
vessels named on a Federal Fisheries Permit under Sec. 679.4(b) and 
using trawl, hook-and-line, or pot gear is prohibited within the Pacific 
cod no-fishing zones around selected sites. These sites and gear types 
are listed in Table 5 of this part and are identified by ``BS'' in 
column 2.
    (vi) Atka mackerel closures. Directed fishing for Atka mackerel by 
vessels named on a Federal Fisheries Permit under Sec. 679.4(b) and 
using trawl gear is prohibited within Atka mackerel no-fishing zones 
around selected sites. These sites are listed in Table 6 to this part 
and are identified by ``Bering Sea'' in column 2.
    (vii) Steller sea lion conservation area (SCA)--(A) General. 
Directed fishing for

[[Page 713]]

pollock by vessels catching pollock for processing by the inshore 
component, catcher/processors in the offshore component, motherships in 
the offshore component, or directed fishing for CDQ pollock, is 
prohibited within the SCA until April 1 when the Regional Administrator 
announces, by notification in the Federal Register, that the criteria 
set out in paragraph (a)(7)(vii)(C) of this section have been met by 
that industry component.
    (B) Boundaries. The SCA consists of the area of the Bering Sea 
subarea between 170[deg]00[min] W long. and 163[deg]00[min] W long., 
south of straight lines connecting the following points in the order 
listed:
    55[deg]00[min] N lat. 170[deg]00[min] W long.;
    55[deg]00[min] N lat. 168[deg]00[min] W long.;
    55[deg]30[min] N lat. 168[deg]00[min] W long.;
    55[deg]30[min] N lat. 166[deg]00[min] W long.;
    56[deg]00[min] N lat. 166[deg]00[min] W long.; and,
    56[deg]00[min] N lat. 163[deg]00[min] W long.
    (C) Criteria for closure--(1) General. The directed fishing closures 
identified in paragraph (a)(7)(vii)(A) of this section will take effect 
when the Regional Administrator determines that the harvest limit for 
pollock within the SCA, as specified in Sec. 679.20(a)(5)(i)(C) is 
reached before April 1. The Regional Administrator shall prohibit 
directed fishing for pollock in the SCA by notification published in the 
Federal Register.
    (2) Inshore catcher vessels greater than 99 ft (30.2 m) LOA. The 
Regional Administrator will prohibit directed fishing for pollock by 
vessels greater than 99 ft (30.2 m) LOA, catching pollock for processing 
by the inshore component before reaching the inshore SCA harvest limit 
before April 1 to accommodate fishing by vessels less than or equal to 
99 ft (30.2 m) inside the SCA until April 1. The Regional Administrator 
will estimate how much of the inshore 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 SCA allowance to 
accommodate fishing by such vessels after the closure of the SCA to 
inshore vessels greater than 99 ft (30.2 m) LOA. The Regional 
Administrator will prohibit directed fishing for all inshore catcher 
vessels within the SCA when the harvest limit specified in 
Sec. 679.20(a)(5)(i)(C) has been met before April 1.
    (8) Steller sea lion protection areas, Aleutian Islands subarea--(i) 
Seguam Foraging area. (A) The Seguam foraging area is all waters within 
the area between 52[deg]N lat. and 53[deg] N lat. and between 
173[deg]30[min] W long. and 172[deg]30[min] W long.
    (B) Directed fishing for pollock, Pacific cod, and Atka mackerel by 
vessels named on a Federal Fisheries Permit under Sec. 679.4(b) is 
prohibited in the Seguam Foraging area as described in paragraph 
(a)(8)(i)(A) of this section.
    (ii) Pollock Closure. Directed fishing for pollock by vessels named 
on a Federal Fisheries Permit under Sec. 679.4(b) is prohibited within 
the pollock no-fishing zones around selected sites. These sites are 
listed in Table 4 of this part and are identified by ``Aleutian I.'' in 
column 2.
    (iii) Groundfish closures. Directed fishing for groundfish by 
vessels named on a Federal Fisheries Permit under Sec. 679.4(b) is 
prohibited within 3 nm of selected sites. These sites are listed in 
Table 12 of this part and are identified by ``Aleutian Islands'' in 
column 2.
    (iv) Pacific cod closures--(A) HLA Closure. Directed fishing for 
Pacific cod by vessels named on a Federal Fisheries Permit under 
Sec. 679.4(b) and using trawl gear is prohibited in the HLA in area 542 
or area 543, as defined in Sec. 679.2 when the Atka mackerel HLA 
directed fishery in area 542 or area 543 is open.
    (B) Gear specific closures. Directed fishing for Pacific cod by 
vessels named on a Federal Fisheries Permit under Sec. 679.4(b) and 
using trawl, hook-and-line, or pot gear is prohibited within the Pacific 
cod no-fishing zones around selected sites. These sites and gear types 
are listed in Table 5 of this part and are identified by ``AI'' in 
column 2.
    (v) Atka mackerel closures. Directed fishing for Atka mackerel by 
vessels named on a Federal Fisheries Permit under Sec. 679.4(b) and 
using trawl gear is prohibited within Atka mackerel no-fishing zones 
around selected sites. These sites are listed in Table 6 of this part 
and are identified by ``Aleutian Islands'' in column 2.
    (9) Nearshore Bristol Bay Trawl Closure. Directed fishing for 
groundfish by vessels using trawl gear in Bristol Bay,

[[Page 714]]

as described in the current edition of NOAA chart 16006, is closed at 
all times in the area east of 162[deg]00[min] 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 Figure 9 to 
this part (see also Sec. 679.21(e)(7)(vii)).
    (11) Cape Sarichef Research Restriction Area (applicable through 
March 31, 2006). (i) Description of Cape Sarichef Research Restriction 
Area. The Cape Sarichef Research Restriction Area is all waters located 
outside of the 10 nm no trawl area around Cape Sarichef, as described in 
Tables 4 and 5 to this part, and inside the boundary of the following 
coordinates joined in order by straight lines (Figure 21 to part 679):
    54[deg]30' N lat., 165[deg]14' W long.;
    54[deg]35' N lat., 165[deg]26[min] W long.;
    54[deg]48' N lat., 165[deg]04[min] W long.;
    54[deg]44' N lat., 164[deg]56[min] W long.; and,
    54[deg]30' N lat., 165[deg]14[min] W long.
    (ii) Closure. The Cape Sarichef Research Restriction Area is closed 
from March 15 through March 31 to directed fishing for groundfish by 
vessels named on a Federal Fisheries Permit issued under Sec. 679.4(b) 
and using trawl, pot, or hook-and-line gear.
    (12) Steller sea lion protection areas, Aleutian Islands subarea 
(applicable through December 31, 2002)--(i) Seguam Foraging area. (A) 
The Seguam foraging area is established as all waters within the area 
between 52[deg] N lat. and 53[deg] N lat. and between 173[deg]30[min] W 
long. and 172[deg]30[min] W long.
    (B) Directed fishing for pollock, Pacific cod, and Atka mackerel by 
federally permitted vessels is prohibited in the Seguam Foraging area as 
described in paragraph (a)(12)(i)(A) of this section.
    (ii) Pollock Closure. Directed fishing for pollock by federally 
permitted vessels is prohibited within the Aleutian Islands subarea at 
all times.
    (iii) Groundfish closures. Directed fishing for groundfish by 
federally permitted vessels is prohibited within 3 nm of selected sites. 
These sites are listed in Table 21 of this part and are identifiable by 
``Aleutian Islands'' in column 2.
    (iv) Pacific cod closures--(A) Central and Western Aleutian Islands 
harvest limit area. Directed fishing for Pacific cod by federally 
permitted vessels using trawl gear is prohibited in the Atka mackerel 
harvest limit area in area 542 or area 543, as defined in Sec. 679.2, 
when the Atka mackerel harvest limit area directed fishery in area 542 
or area 543 is open.
    (B) Gear specific closures. Directed fishing for Pacific cod by 
federally permitted vessels using trawl, hook-and-line, or pot gear is 
prohibited within the Pacific cod no fishing zones around selected 
sites. These sites and gear types are listed in Table 23 of this part 
and are identifiable by ``AI'' in column 2.
    (v) Atka mackerel closures. Directed fishing for Atka mackerel by 
federally permitted vessels using trawl gear is prohibited within Atka 
mackerel no fishing zones around selected sites. These sites are listed 
in Table 24 of this part and are identifiable by ``Aleutian Islands'' in 
column 2.
    (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 to 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 to this part as Type II areas, from a vessel having 
any trawl other than a pelagic trawl either attached or on board.
    (iii) Type III closures. Type III areas are open to any trawl other 
than a pelagic trawl gear year round.
    (2) Steller sea lion protection areas--(i) Groundfish closures. 
Directed fishing for groundfish by vessels named on a Federal Fisheries 
Permit under Sec. 679.4(b) is prohibited within 3 nm of selected sites. 
These sites are listed in Table 12 of this part and are identified by 
``Gulf of Alaska'' in column 2.
    (ii) Pollock closures. Directed fishing for pollock by vessels named 
on a Federal Fisheries Permit under Sec. 679.4(b) is prohibited within 
pollock no-fishing

[[Page 715]]

zones around selected sites. These sites are listed in Table 4 of this 
part and are identified by ``Gulf of Alaska'' in column 2.
    (iii) Pacific cod closures. Directed fishing for Pacific cod by 
vessels named on a Federal Fisheries Permit under Sec. 679.4(b) and 
using trawl, hook-and-line, or pot gear in the federally managed Pacific 
cod or State of Alaska parallel groundfish fisheries, as defined in 
Alaska Administrative Code (5 AAC 28.087(c), January 3, 2002), is 
prohibited within Pacific cod no-fishing zones around selected sites. 
These sites and gear types are listed in Table 5 of this part and are 
identified by ``GOA'' in column 2.
    (iv) Atka mackerel closure. Directed fishing for Atka mackerel by 
vessels named on a Federal Fisheries Permit under Sec. 679.4(b) within 
the Gulf of Alaska subarea is prohibited at all times.
    (3) Chiniak Gully Research Area (applicable through December 31, 
2004). (i) Description of Chiniak Gully Research Area. The Chiniak Gully 
Research Area is defined as that part of area 630 bounded by straight 
lines connecting the coordinates in the order listed:
    57.81[deg] N lat., 152.37[deg] W long.;
    57.81[deg] N lat., 151.85[deg] W long.;
    57.22[deg] N lat., 150.64[deg] W long.;
    56.98[deg] N lat., 151.27[deg] W long.;
    57.62[deg] N lat., 152.16[deg] W long.; and hence counterclockwise 
along the shoreline of Kodiak Island to 57.81[deg] N lat., 152.37[deg] W 
long.
    (ii) Closure--(A) The Chiniak Gully Research Area is closed to 
vessels named on a Federal Fisheries Permit under Sec. 679.4(b) and 
using trawl gear from August 1 to a date no later than September 20, 
except that trawl gear may be tested in the manner described at 
Sec. 679.24(d)(2) in the Kodiak Test Area defined at Sec. 679.24 
(d)(4)(i) and illustrated in Figure 7 to this part.
    (B) Prior to September 20, the Regional Administrator may publish 
notification in the Federal Register rescinding the trawl closure in the 
Chiniak Gully Research Area described in paragraph (b)(3)(ii)(A) of this 
section.
    (4) Southeast Outside District, gear other than nontrawl. Use of any 
gear other than nontrawl gear is prohibited at all times in Southeast 
Outside District defined at Figure 3 to this part.
    (5) [Reserved]
    (6) Chiniak Gully Research Area (applicable through December 31, 
2002)--(i) Description of Chiniak Gully Research Area. The Chiniak Gully 
Research Area is defined as that part of Statistical Area 630 bounded by 
straight lines connecting the coordinates in the order listed: 
57.81[deg] N lat., 152.37[deg] W long.; 57.81[deg] N lat., 151.85[deg] W 
long.; 57.22[deg] N lat., 150.64[deg] W long.; 56.98[deg] N lat., 
151.27[deg] W long.; 57.62[deg] N lat., 152.16[deg] W long.; and hence 
counterclockwise along the shoreline of Kodiak Island to 57.81[deg] N 
lat., 152.37[deg] W long.
    (ii) Closure. (A) The Chiniak Gully Research Area is closed to 
federally permitted vessels using trawl gear from August 1 to a date no 
later than September 20, except that trawl gear may be tested in the 
manner described at Sec. 679.24(d)(2) in the Kodiak Test Area defined at 
Sec. 679.24(d)(4)(i) and illustrated in Figure 7 to this part.
    (B) Prior to September 20, the Regional Administrator may publish 
notification in the Federal Register rescinding the trawl closure in the 
Chiniak Gully Research Area described in paragraph (b)(6)(ii)(A) of this 
section.
    (7) Cook Inlet. No person may use a non-pelagic trawl in waters of 
the EEZ of Cook Inlet north of a line from Cape Douglas 
(58[deg]51.10[min] N. lat.) to Point Adam (59[deg]15.27[min] N. lat.).
    (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 closures. 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.

[[Page 716]]

    (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; 64 FR 61970, 61982, Nov. 
15, 1999; 65 FR 49769, Aug. 15, 2000; 65 FR 61267, Oct. 17, 2000; 65 FR 
67308, Nov. 9, 2000; 65 FR 79785, Dec. 20, 2000; 67 FR 1002, Jan. 8, 
2002; 67 FR 4148, Jan. 28, 2002; 67 FR 21605, May 1, 2002; (67 FR 64317, 
Oct. 18, 2002; 67 FR 70860, Nov. 27, 2002; 68 FR 212, Jan. 2, 2003; 68 
FR 11006, Mar. 7, 2003; 68 FR 24617, May 8, 2003]



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.
    (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 following four seasons:
    (i) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., February 25;
    (ii) B season. From 1200 hours, A.l.t., March 10 through 1200 hours, 
A.l.t., May 31;
    (iii) C season. From 1200 hours, A.l.t., August 25 through 1200 
hours, A.l.t., September 15; and
    (iv) D season. From 1200 hours, A.l.t., October 1 through 1200 
hours, A.l.t., November 1.
    (3) Directed fishing for Pacific cod (i) Hook-and-line, pot, or jig 
gear. Subject to other provisions of this part, directed fishing for 
Pacific cod with hook-and-line, pot, or jig gear in the Western and 
Central Regulatory Areas 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., June 10; and
    (B) B season. From 1200 hours, A.l.t., September 1 through 2400 
hours, A.l.t., December 31.
    (ii) Trawl gear. Subject to other provisions of this part, directed 
fishing for Pacific cod with trawl gear in the Western and Central 
Regulatory Areas is authorized only during the following two seasons:
    (A) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., June 10; and
    (B) B season. From 1200 hours, A.l.t., September 1 through 1200 
hours, A.l.t., November 1.
    (4) Directed fishing for Pacific cod (applicable through December 
31, 2002)--(i) Hook-and-line, pot, or jig gear. Subject to other 
provisions of this part, directed fishing for Pacific cod with hook-and-
line, pot, or jig gear in the Western and Central Regulatory Areas 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., June 10; and
    (B) B season. From 1200 hours, A.l.t., September 1 through 2400 
hours, A.l.t., December 31.
    (ii) Trawl gear. Subject to other provisions of this part, directed 
fishing for Pacific cod with trawl gear in the Western and Central 
Regulatory Areas is authorized only during the following two seasons:
    (A) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., June 10; and
    (B) B season. From 1200 hours, A.l.t., September 1 through 1200 
hours, A.l.t., November 1.
    (5) Directed fishing for Pacific cod. Directed fishing for Pacific 
cod in the

[[Page 717]]

Western and Central Regulatory Areas is prohibited.
    (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 in the Bering Sea/Aleutian Islands 
area by inshore, offshore catcher/processor, and mothership components 
and pollock CDQ fisheries. Subject to other provisions of this part, 
directed fishing for pollock by vessels catching pollock for processing 
by the inshore component, catcher/processors in the offshore component, 
and motherships in the offshore component in the Bering Sea/Aleutian 
Islands area or directed fishing for CDQ pollock in the Bering Sea/
Aleutian Islands area is authorized only during the following two 
seasons:
    (i) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., June 10; and
    (ii) B season. From 1200 hours, A.l.t., June 10 through 1200 hours, 
A.l.t., November 1.
    (3) Directed fishing for Atka mackerel with trawl gear. Subject to 
other provisions of this part, non-CDQ 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 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., April 15; and
    (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 
CDQ pollock; hook-and-line, jig, or trawl CDQ Pacific cod; and fixed 
gear CDQ sablefish under subpart C of this part, is authorized from 0001 
hours, A.l.t., January 1 through the end of each fishing year, except as 
provided under paragraph (c) of this section.
    (iv) Groundfish CDQ (applicable through December 31, 2002). Fishing 
for groundfish CDQ species, other than pollock CDQ; hook-and-line, jig, 
or trawl Pacific cod CDQ; and fixed gear sablefish CDQ under subpart C 
of this part, is authorized from 0001 hours, A.l.t., January 1 through 
the end of each fishing year, except as provided under paragraph (c) of 
this section.
    (v) Pollock CDQ and Pacific cod CDQ harvested with hook-and-line, 
jig or trawl gear (applicable through December 31, 2002). (A) Fishing 
for pollock CDQ is authorized under paragraph (e)(5) of this section.
    (B) Fishing for Pacific cod CDQ with hook-and-line, jig or trawl 
gear is authorized under paragraph (e)(6) of this section.
    (5) Directed fishing for Pacific cod--(i) Hook-and-line and jig 
gear. Subject to other provisions of this part, directed fishing for CDQ 
and non-CDQ Pacific cod with vessels equal to or greater than 60 ft 
(18.3 m) LOA using hook-and-line gear and with vessels using jig gear in 
the BSAI 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., June 10; and
    (B) B season. From 1200 hours, A.l.t., June 10 through 2400 hours, 
A.l.t., December 31.
    (ii) Trawl gear. Subject to other provisions of this part, directed 
fishing for CDQ and non-CDQ Pacific cod with trawl gear in the BSAI is 
authorized only during the following three seasons:
    (A) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., April 1;
    (B) B season. From 1200 hours, A.l.t., April 1 through 1200 hours, 
A.l.t., June 10; and

[[Page 718]]

    (C) C season. From 1200 hours, A.l.t., June 10 through 1200 hours, 
A.l.t., November 1.
    (iii) Pot gear. Subject to other provisions of this part, non-CDQ 
directed fishing for Pacific cod with vessels equal to or greater than 
60 ft (18.3 m) LOA using pot gear in the BSAI 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., June 10; and
    (B) B season. From 1200 hours, A.l.t., September 1 through 2400 
hours, A.l.t., December 31.
    (6) Directed fishing for Pacific cod (applicable through December 
31, 2002). (i) Fixed gear. Subject to other provisions of this part, 
directed fishing for Pacific cod with fixed gear in the BSAI is 
authorized only during the following two seasons:
    (ii) Hook-and-line and jig gear. Subject to other provisions of this 
part, directed fishing for CDQ and non-CDQ Pacific cod with vessels 
equal to or greater than 60 ft (18.3 m) LOA using hook-and-line and with 
vessels using jig gear in the BSAI 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., June 10; and
    (B) B season. From 1200 hours, A.l.t., June 10 through 2400 hours, 
A.l.t., December 31.
    (iii) Trawl gear. Subject to other provisions of this part, directed 
fishing for CDQ and non-CDQ Pacific cod with trawl gear in the BSAI is 
authorized only during the following three seasons:
    (A) A season. From 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., April 1;
    (B) B season. From 1200 hours, A.l.t., April 1 through 1200 hours, 
A.l.t., June 10; and
    (C) C season. From 1200 hours, A.l.t., June 10 through 1200 hours, 
A.l.t., November 1.
    (iv) Pot gear. Subject to other provisions of this part, non-CDQ 
directed fishing for Pacific cod with vessels equal to or greater than 
60 ft (18.3 m) LOA using pot gear in the BSAI 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., June 10; and
    (B) B season. From 1200 hours, A.l.t., September 1 through 2400 
hours, A.l.t., December 31.
    (7) Directed fishing for Atka mackerel with trawl gear (applicable 
through December 31, 2002). Subject to other provisions of this part, 
non-CDQ 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 1200 hours, A.l.t., January 20 through 1200 
hours, A.l.t., April 15; and
    (ii) B season. From 1200 hours, A.l.t., September 1 through 1200 
hours, A.l.t., November 1.
    (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).

[[Page 719]]

    (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 GOA        the third day after
 directed fishing in the BSAI.   regulatory areas.  the date of landing
                                                    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 GOA regulatory      BSAI.............  1200 hours A.l.t. on
 area while pollock or inshore                      the third day after
 Pacific cod is open to                             the date of landing
 directed fishing in the                            or transfer of all
 Western GOA regulatory area.                       groundfish on board
                                                    the vessel harvested
                                                    in the Western
                                                    Regulatory Area of
                                                    the GOA, unless you
                                                    are participating in
                                                    a CDQ fishery.
(3) Central GOA regulatory      BSAI.............  1200 hours A.l.t. on
 area while pollock or inshore                      the second day after
 Pacific cod is open to                             the date of landing
 directed fishing in the                            or transfer of all
 Central GOA regulatory area.                       groundfish on board
                                                    the vessel harvested
                                                    in the Central GOA
                                                    regulatory area ,
                                                    unless you are
                                                    participating in a
                                                    CDQ fishery.
------------------------------------------------------------------------

    (i) Catcher vessel exclusive fishing seasons for pollock. Catcher 
vessels are prohibited from participating in directed fishing for 
pollock under the following conditions. Vessels less than 125 ft (38.1 
m) LOA are exempt from this restriction when fishing east of 
157[deg]00[min] W long. GOA and BSAI seasons are specified at 
Sec. 679.23(d)(2) and Sec. 679.23(e)(2).
[GRAPHIC] [TIFF OMITTED] TR02JA03.006


[[Page 720]]



[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; 67 FR 1003, Jan. 8, 2002; 67 FR 4818, 
Jan. 28, 2002; 67 FR 22017, May 2, 2002; (67 FR 64317, Oct. 18, 2002; 68 
FR 214, Jan. 2, 2003]



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 hook-and-line, longline pot, and pot-and-line gear. 
(1) All hook-and-line, longline pot, and pot-and-line 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 ADF&G vessel 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---- Longline pot gear. Any person 
using longline pot gear must treat any catch of groundfish as a 
prohibited species, except:
    (i) In the Aleutian Islands subarea.
    (ii) While directed fishing for sablefish in the Bering Sea subarea, 
except as provided in paragraph (c)(4)(ii) of this section.
    (2) [Reserved]
    (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.
    (4) BSAI pollock nonpelagic trawl prohibition. No person may use 
nonpelagic trawl gear to engage in directed fishing for non-CDQ pollock 
in the BSAI.
    (c) Gear restrictions for sablefish--(1) Gear allocations. Gear 
allocations of sablefish TAC are set out under Sec. 679.20.
    (2) Eastern GOA regulatory area--(i) General. (A) No person may use 
any gear other than hook-and-line and trawl gear when fishing for 
sablefish in the Eastern GOA regulatory 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 Eastern GOA 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 Eastern 
GOA regulatory area must treat any catch of sablefish as a prohibited 
species as provided by Sec. 679.21(b).
    (3) Central and Western GOA regulatory areas; sablefish as 
prohibited species. Operators of vessels using gear types other than 
hook-and-line and trawl gear in the Central and western GOA 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) and in Figure 7 to this part under the following 
conditions.
    (i) The codend shall be unzipped while trawl gear testing.

[[Page 721]]

    (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 to this part) bounded by straight lines connecting the 
coordinates in the order listed, at all times:
    (i) Kodiak Test Area.

57[deg]37[min] N. lat., 152[deg]02[min] W. long.
57[deg]37[min] N. lat., 151[deg]25[min] W. long.
57[deg]23[min] N. lat., 151[deg]25[min] W. long.
57[deg]23[min] N. lat., 152[deg]02[min] W. long.
57[deg]37[min] N. lat., 152[deg]02[min] W. long.

    (ii) Sand Point Test Area.

54[deg]50[min] N. lat., 161[deg]00[min] W. long.
54[deg]50[min] N. lat., 160[deg]30[min] W. long.
54[deg]35[min] N. lat., 160[deg]30[min] W. long.
54[deg]35[min] N. lat., 161[deg]00[min] W. long.
54[deg]50[min] N. lat., 161[deg]00[min] W. long.

    (iii) Bering Sea Test Area.

55[deg]00[min] N. lat., 167[deg]00[min] W. long.
55[deg]00[min] N. lat., 166[deg]00[min] W. long.
54[deg]40[min] N. lat., 166[deg]00[min] W. long.
54[deg]40[min] N. lat., 167[deg]00[min] W. long.
55[deg]00[min] N. lat., 167[deg]00[min] 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.
    (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.

[[Page 722]]



Hours That Hook-and-Line Gear Can Be Deployed for Specified Longitudes According to Paragraph (e)(3)(iv) of This
                                                     Section
                                          [Hours are Alaska local time]
----------------------------------------------------------------------------------------------------------------
                                                                                     Longitude
                                                                 -----------------------------------------------
                         Calendar month                            Shoreward to       151 to          166 to
                                                                     150[deg]W       165[deg]W       180[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; 64 FR 61970, 61982, Nov. 15, 1999; 65 FR 31107, May 16, 2000; 
67 FR 4133, 4148, Jan. 28, 2002]



Sec. 679.25  Inseason adjustments.

    (a) General--(1) Types of adjustments. Inseason adjustments issued 
by NMFS under this section include:
    (i) Closure, extension, or opening of a season in all or part of a 
management area.
    (ii) Modification of the allowable gear to be used in all or part of 
a management area.
    (iii) Adjustment of TAC and PSC limits.
    (iv) Interim closures of statistical areas, or portions thereof, to 
directed fishing for specified groundfish species.
    (2) Determinations. (i) Any inseason adjustment taken under 
paragraphs (a)(1)(i), (ii), or (iii) of this section must be based on a 
determination that such adjustments are necessary to prevent:
    (A) Overfishing of any species or stock of fish or shellfish;
    (B) Harvest of a TAC for any groundfish species or the taking of a 
PSC limit for any prohibited species that, on the basis of the best 
available scientific information, is found by NMFS to be incorrectly 
specified; or
    (C) Underharvest of a TAC or gear share of a TAC for any groundfish 
species when catch information indicates that the TAC or gear share has 
not been reached.
    (ii) Any inseason closure of a statistical area, or portion thereof, 
under paragraph (a)(1)(iv) of this section, must be based upon a 
determination that such closures are necessary to prevent:
    (A) A continuation of relatively high bycatch rates of prohibited 
species 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:

[[Page 723]]

    (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--
    (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:

[[Page 724]]

    (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) 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 fish 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.
    (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

[[Page 725]]

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) PSD 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 PSD permit issued for salmon or halibut 
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.
    (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 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 3 years 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

[[Page 726]]

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; 65 FR 78121, Dec. 14, 2000; 66 FR 53122, Oct. 19, 2001; 67 FR 
4148, Jan. 28, 2002]

    Effective Date Note: At 67 FR 4158, Jan. 28, 2002, Sec. 679.26 was 
amended in paragraph (c)(3) by removing the words ``until 1 year after'' 
and inserting in its place ``until 3 years after''. 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. 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.
(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

[[Page 727]]

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]

    Effective Date Note: At 68 FR 52144, Sept. 2, 2003, Sec. 679.27 was 
amended by removing paragraphs (b)(3) and (b)(4), and redesignating 
paragraph (b)(5) as (b)(3), effective Oct. 2, 2003.



Sec. 679.28  Equipment and operational requirements.

    (a) Applicability. This section contains the requirements for 
scales, observer sampling stations, bins for volumetric estimates, and 
vessel monitoring system hardware. 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 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

[[Page 728]]

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.
    (iii) Who may perform scale inspections? Scales must be inspected by 
either a NMFS staff scale inspector or a scale inspector employed by a 
weights and measures agency designated by NMFS to perform scale 
inspections on its behalf. A list of authorized scale inspectors is 
available from the Regional Administrator upon request. Scale 
inspections are paid for by NMFS.
    (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.

[[Page 729]]

    (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) A scale is approved for use when 
the scale inspector completes and signs a scale inspection report 
verifying that the scale meets all of the requirements specified in this 
paragraph (b)(2) and appendix A to this part.
    (B) The scale inspector must provide the original inspection report 
to the vessel owner and a copy to NMFS.
    (C) The vessel owner must either:
    (1) Maintain a copy of the report on board when use of the scale is 
required and make the report available to the observer, NMFS personnel, 
or an authorized officer, upon request, or;
    (2) Display a valid NMFS-sticker on each approved scale.
    (D) When in use, an approved scale must also meet the requirements 
described in paragraphs (b)(3) through (b)(6) of this section.
    (3) At-sea scale tests. To verify that the scale meets the MPEs 
specified in this paragraph (b)(3), the vessel operator must test each 
scale or scale system used to weigh total catch one time during each 24-
hour period when use of the scale is required. The vessel owner must 
ensure that these tests are performed in an accurate and timely manner.
    (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) 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 annually certified by a National Institute of Standards and 
Technology approved metrology laboratory or approved for continued use 
by the NMFS authorized inspector at the time of the annual scale 
inspection. The amount of test weights that must be provided by

[[Page 730]]

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 (not applicable to observer 
sampling scales). The vessel owner must ensure that the printed reports 
are provided as 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 the 
year during which the printouts were made.
    (i) Reports of catch weight and cumulative weight. Reports must be 
printed at least once every 24 hours when use of the scale is required. 
Reports must also be printed before any information stored in the scale 
computer memory is replaced. Scale weights must not be adjusted by the 
scale operator to account for the perceived weight of water, mud, 
debris, or other materials. Scale printouts must show:
    (A) The vessel name and Federal fisheries or processor permit 
number;
    (B) The haul or set number as recorded in the processor's DCPL (see 
Sec. 679.5);
    (C) The total weight of the haul or set;
    (D) The total cumulative weight of all fish or other material 
weighed on the scale.
    (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 scale display must be 
readable from where the observer collects unsorted catch.
    (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

[[Page 731]]

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. Scale requirements in 
this paragraph are in addition to those requirements set forth by the 
State of Alaska, and nothing in this paragraph may be construed to 
reduce or supersede the authority of the State to regulate, test, or 
approve scales within the State of Alaska or its territorial sea. Scales 
used to weigh groundfish catch that are also required to be approved by 
the State of Alaska under Alaska Statute 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 owner and manager of the processor must ensure 
that the scale and scale display are 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 allowed to 
read the scale display at all times.
    (3) Printed scale weights. (i) The owner and manager of the 
processor must ensure that printouts of the scale weight of each haul, 
set, or delivery are 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. The owner and manager 
must retain scale printouts as records as specified in 
Sec. 679.5(a)(13).
    (ii) A scale identified in a CMCP (see paragraph (g) of this 
section) must produce a printed record for each delivery, or portion of 
a delivery, weighed on that scale. If approved by NMFS as part of the 
CMCP, scales not designed for automatic bulk weighing may be exempted 
from part or all of the printed record requirements. The printed record 
must include:
    (A) The processor name;
    (B) The weight of each load in the weighing cycle;
    (C) The total weight of fish in each delivery, or portion of the 
delivery that was weighed on that scale;
    (D) The total cumulative weight of all fish or other material 
weighed on the scale since the last annual inspection;
    (E) The date and time the information is printed;
    (F) The name and ADF&G number of the vessel making the delivery. 
This information may be written on the scale printout in pen by the 
scale operator at the time of delivery.
    (4) Inseason scale testing. Scales identified in an approved CMCP 
(see paragraph (g) of this section) must be tested by plant personnel in 
accordance with the CMCP when testing is requested by NMFS-staff or 
NMFS-authorized personnel. Plant personnel must be given no less than 20 
minutes notice that a scale is to be tested and no testing may be 
requested if a scale test has been requested and the scale has been 
found to be accurate within the last 24 hours.
    (i) How does a scale pass an inseason test? To pass an inseason 
test, NMFS staff or NMFS-authorized personnel will verify that the scale 
display and printed information are clear and easily read under all 
conditions of normal operation, weight values are visible on the display 
until the value is printed, and the scale does not exceed the maximum 
permissible errors specified below:

------------------------------------------------------------------------
                                                Maximum Error in Scale
        Test Load in Scale Divisions                   Divisions
------------------------------------------------------------------------
(A) 0-500                                     1
(B) 501-2,000                                 2
(C) 2,001-4,000                               3
(D) 4,000                          5
------------------------------------------------------------------------

    (ii) How much weight is required to do an inseason scale test? 
Scales must be tested with the amount and type of weight specified for 
each scale type in the following tables:
    (A) Automatic hopper 0 to 150 kg (0 to 300 lb) capacity.

------------------------------------------------------------------------
          Certified Test Weights                 Other test material
------------------------------------------------------------------------
(1) Minimum weighment or 10 kg (20 lb),     Minimum
 whichever is greater
(2) Maximum                                 Maximum
------------------------------------------------------------------------


[[Page 732]]

    (B) Automatic hopper  150 kg (300 lb) capacity.

------------------------------------------------------------------------
          Certified Test Weights                 Other test material
------------------------------------------------------------------------
(1) Minimum weighment or 10 kg (20 lb),     Minimum
 whichever is greater
(2) 25 percent of maximum or 150 kg (300    Maximum
 lb), whichever is greater.
------------------------------------------------------------------------

    (C) Platform or flatbed 0 to 150 kg (0 to 300 lb) capacity.

------------------------------------------------------------------------
          Certified Test Weights                 Other test material
------------------------------------------------------------------------
(1) 10 kg (20 lb)                           Not Acceptable
(2) Midpoint                                Not Acceptable
(3) Maximum                                 Not Acceptable
------------------------------------------------------------------------

    (D) Platform or flatbead  150 kg (300 lb) capacity.

------------------------------------------------------------------------
          Certified Test Weights                 Other test material
------------------------------------------------------------------------
(1) 10 kg (20 lb)                           Not Acceptable
(2) 12.5 percent of maximum or 75 kg (150   50 percent of maximum or 75
 lb), whichever is greater                   kg (150 lb), whichever is
                                             greater
(3) 25 percent of maximum or 150 kg (300    75 percent of maximum or 150
 lb), whichever is greater                   kg (300 lb), whichever is
                                             greater
------------------------------------------------------------------------

    (E) Observer sampling scale  50 kg capacity.

------------------------------------------------------------------------
          Certified Test Weights                 Other test material
------------------------------------------------------------------------
(1) 10 kg                                   Not Acceptable
(2) 25 kg                                   Not Acceptable
(3) 50 kg                                   Not Acceptable
------------------------------------------------------------------------

    (iii) Certified test weights. Each test weight used for inseason 
scale testing 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 every 2 years. An observer platform scale must be provided 
with sufficient test weights to test the scale at 10 kg, 25 kg, and 50 
kg. All other scales identified in an approved CMCP must be provided 
with sufficient test weights to test the scale as described in this 
paragraph (c)(4) of this section. Test weights for observer platform 
scales must be denominated in kilograms. Test weights for other scales 
may be denominated in pounds.
    (iv) Other test material. When permitted in paragraph (c)(4)(ii) of 
this section, a scale may be tested with test material other than 
certified test weights. This material must be weighed on an accurate 
observer platform scale at the time of each use.
    (v) Observer sampling scales. Platform scales used as observer 
sampling scales must:
    (A) Have a capacity of no less than 50 kg;
    (B) Have a division size of no less than 5 g;
    (C) Indicate weight in kilograms and decimal subdivisions; and
    (D) Be accurate within plus or minus 0.5 percent when tested at 10 
kg, 25 kg, and 50 kg by NMFS staff or a NMFS-certified observer.
    (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 collects unsorted 
catch. Clear, unobstructed passage must be provided between the observer 
sampling station and the location where the observer collects unsorted 
catch. When standing where unsorted catch is sampled, the observer must 
be able to see that no fish have been removed between the bin and the 
scale used to weigh total catch.
    (ii) Vessels using nontrawl gear. The observer sampling station must 
be located within 5 m of the collection area, described at 
Sec. 679.28(d)(7)(ii)(B), unless any location within this distance is 
unsafe for the observer. Clear, unobstructed passage must be provided 
between the observer sampling station and the collection area. Access 
must be provided to the tally station, described at 
Sec. 679.28(d)(7)(ii)(A). NMFS may approve an alternative location if 
the vessel owner submits a written proposal describing the alternative 
location and the reasons why a location within 5 m of where fish are 
brought on

[[Page 733]]

board the vessel is unsafe, and the proposed observer sampling station 
meets all other applicable requirements of this section.
    (iii) What is clear, unobstructed passage? Where clear and 
unobstructed passage is required, passageways must be at least 65 cm 
wide at their narrowest point, be free of tripping hazards, and be at 
least 1.8 m high. Doorways or companionways must be free of obstacles.
    (3) Minimum work space. The observer must have a working area for 
sampling of at least 4.5 square meters. This working area includes the 
observer's sampling table. The observer must be able to stand upright 
and have a work area at least 0.9 m deep 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 a NMFS-approved platform scale with a capacity of at least 50 kg 
located within 1 m of the observer's sampling table. The scale must be 
mounted so that the weighing surface is no more than 0.7 m above the 
floor. 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 flooring 
that prevents slipping and drains well (grating or other material where 
appropriate), adequate lighting, and a hose that supplies fresh or sea 
water to the observer.
    (7) Requirements for sampling catch--(i) 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 downstream of the scale used to weigh total catch so that the 
observer can use this scale to weigh large samples. At least 1 m of 
accessible belt space, located downstream of the scale used to weigh 
total catch, must be available for the observer's use when sampling a 
haul.
    (ii) Catcher/processors using non-trawl gear. In addition to the 
sampling station, vessels using non-trawl gear must provide: (A) Tally 
station. A place where the observer can see the gear as it leaves the 
water and can count and identify fish. It must be within 5 m of where 
fish are brought aboard the vessel and in a location where the observer 
is not in danger of falling overboard or being injured during gear 
retrieval. Where exposed to wind or seas, it must be equipped with a 
railing at least 1.0 m high, grating or other non-slip material, and 
adequate lighting.
    (B) Collection area. A collection area is a place where the 
observer, or vessel crew under the observer's guidance, collects fish as 
they come off the line or are removed from pots. It must be located 
where the observer can see the gear when it leaves the water. Where 
exposed to wind or seas, it must be equipped with a railing at least 1.0 
m high and grating or other non-slip material.
    (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 when use of the observer 
sampling station is required, 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 ovserver sampling station 
inspection? The time and place of the inspection may be arranged by 
submitting to

[[Page 734]]

NMFS a written request for an inspection. Inspections will be scheduled 
no later than 10 working days after NMFS receives a completeapplication 
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 catch will be 
weighed, the location where observers will sample unsorted catch, and 
the location of the observer sampling station as described at paragraph 
(d) of this section.
    (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.
    (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

[[Page 735]]

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 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.
    (f) Vessel Monitoring System (VMS) Requirements--(1) What is a VMS? 
A VMS consists of a NMFS-approved VMS transmitter that automatically 
determines the vessels position and transmits it to a NMFS-approved 
communications service provider. The communications service provider 
receives the transmission and relays it to NMFS.
    (2) How are VMS transmitters and communications service providers 
approved by NMFS? (i) NMFS publishes type approval specifications for 
VMS components in the Federal Register.
    (ii) Transmitter manufacturers or communication service providers 
may submit products or services to NMFS for evaluation based on the 
published specifications.
    (iii) NMFS will publish a list of NMFS-approved transmitters and 
communication service providers in the Federal Register. As necessary, 
NMFS will publish amendments to the list of approved components in the 
Federal Register.
    (3) What are the vessel owner's responsibilities? If you are a 
vessel owner that must participate in a VMS, you or your crew must:
    (i) Obtain a NMFS-approved VMS transmitter and have it installed 
onboard your vessel in accordance with the instructions provided by 
NMFS. You may get a copy of the VMS installation and operation 
instructions from the Regional Administrator upon request.
    (ii) Activate the VMS transmitter and receive confirmation from NMFS 
that the VMS transmissions are being received before engaging in 
operations when a VMS is required.
    (iii) Continue the VMS transmissions until no longer engaged in 
operations requiring VMS.
    (iv) Stop fishing immediately if informed by NMFS staff or an 
authorized

[[Page 736]]

officer that NMFS is not receiving position reports from the VMS 
transmitter.
    (v) Make the VMS transmitter available for inspection by NMFS 
personnel, observers or an authorized officer.
    (vi) Ensure that the VMS transmitter is not tampered with, disabled, 
destroyed or operated improperly.
    (vii) Pay all charges levied by the communication service provider.
    (4) What must the vessel owner do before activating a VMS 
transmitter for the first time? If you are a vessel owner who must use a 
VMS and you are activating a VMS transmitter for the first time, you 
must:
    (i) Contact the NMFS enforcement division by FAX at 907-586-7703 and 
provide: the VMS transmitter ID, the vessel name, the Federal Fisheries 
Permit number, and approximately when and where the vessel will begin 
fishing.
    (ii) Call NMFS enforcement at 907-586-7225, Monday through Friday, 
between the hours of 0800 hours, A.l.t., and 1630 hours, A.l.t., at 
least 72 hours before leaving port and receive confirmation that the 
transmissions are being received.
    (5) What must the vessel owner do when the vessel replaces a VMS 
transmitter? If you are a vessel owner who must use a VMS and you wish 
to replace a transmitter, you must either:
    (i) Have followed the reporting and confirmation procedure for the 
replacement transmitter, as described above in paragraph (f)(4) of this 
section, or
    (ii) Contact the NMFS Enforcement Division by phone or FAX and 
provide: the replacement VMS transmitter ID, the vessel name and the 
vessel's Federal Fisheries Permit Number and receive confirmation that 
the transmissions are being received before beginning operations.
    (6) When must the VMS transmitter be transmitting? Your vessel's 
transmitter must be transmitting if the vessel is operating in any 
Reporting Area (see definitions at Sec. 679.2) off Alaska while any 
fishery requiring VMS, for which the vessel has a species and gear 
endorsement on its Federal Fisheries Permit under Sec. 679.4(b)(5)(vi), 
is open.
    (g) Catch monitoring and control plan requirements (CMCP) (Effective 
June 1, 2003)--(1) What is a CMCP? A CMCP is a plan submitted by the 
owner and manager of a processing plant, and approved by NMFS, detailing 
how the processing plant will meet the catch monitoring and control 
standards detailed in paragraph (g)(6) of this section.
    (2) Who is required to prepare and submit a CMCP for approval? The 
owner and manager of an AFA inshore processor is required to prepare and 
submit a CMCP which must be approved by NMFS prior to the receipt of 
pollock harvested in the BSAI directed pollock fishery.
    (3) How is a CMCP approved by NMFS? NMFS will approve a CMCP if it 
meets all the performance standards specified in paragraph (g)(6) of 
this section. The processor must be inspected by NMFS prior to approval 
of the CMCP to ensure that the processor conforms to the elements 
addressed in the CMCP. NMFS will complete its review of the CMCP within 
14 working days of receiving a complete CMCP and conducting a CMCP 
inspection. If NMFS disapproves a CMCP, the plant owner or manager may 
resubmit a revised CMCP or file an administrative appeal as set forth 
under the administrative appeals procedures described at Sec. 679.43.
    (4) How is a CMCP inspection arranged? The time and place of a CMCP 
inspection may be arranged by submitting a written request for an 
inspection to NMFS, Alaska Region. NMFS will schedule an inspection 
within 10 working days after NMFS receives a complete application for an 
inspection. The inspection request must include:
    (i) Name and signature of the person submitting the application and 
the date of the application;
    (ii) Address, telephone number, fax number, and email address (if 
available) of the person submitting the application;
    (iii) A proposed CMCP detailing how the processor will meet each of 
the performance standards in paragraph (g)(6) of this section.
    (5) For how long is a CMCP approved? NMFS will approve a CMCP for 1 
year if it meets the performance standards specified in paragraph (e)(2) 
of this section. An owner or manager must notify NMFS in writing if 
changes are made

[[Page 737]]

in plant operations or layout that do not conform to the CMCP.
    (6) How do I make changes to my CMCP? An owner and manager may 
change an approved CMCP by submitting a CMCP addendum to NMFS. NMFS will 
approve the modified CMCP if it continues to meet the performance 
standards specified in paragraph (e)(2) of this section. Depending on 
the nature and magnitude of the change requested, NMFS may require a 
CMCP inspection as described in paragraph (g)(3) of this section. A CMCP 
addendum must contain:
    (i) Name and signature of the person submitting the addendum;
    (ii) Address, telephone number, fax number and email address (if 
available) of the person submitting the addendum;
    (iii) A complete description of the proposed CMCP change.
    (7) Catch monitoring and control standards--(i) Catch sorting and 
weighing requirements. All groundfish delivered to the plant must be 
sorted and weighed by species. The CMCP must detail the amount and 
location of space for sorting catch, the number of staff assigned to 
catch sorting and the maximum rate that catch will flow through the 
sorting area.
    (ii) Scales used for weighing groundfish. The CMCP must identify by 
serial number each scale used to weigh groundfish and describe the 
rational for its use.
    (iii) Scale testing procedures. Scales identified in the CMCP must 
be accurate within the limits specified in paragraph (c)(4)(i) of this 
section. For each scale identified in the CMCP a testing plan must be 
developed that:
    (A) Describes the procedure the plant will use to test the scale;
    (B) Lists the test weights and equipment required to test the scale;
    (C) Lists where the test weights and equipment will be stored; and
    (D) Lists the plant personnel responsible for conducting the scale 
testing.
    (iv) Printed record. The owner and manager must ensure that the 
scale produces a complete and accurate printed record of the weight of 
each species in a delivery. All of the groundfish in a delivery must be 
weighed on a scale capable of producing a complete printed record as 
described in paragraph (c)(3) of this section. However, NMFS may exempt 
scales not designed for automatic bulk weighing from some or all of the 
printed record requirements if the CMCP identifies any scale that cannot 
produce a complete printed record, states how the processor will use the 
scale, and states how the plant intends to produce a complete record of 
the total weight of each delivery.
    (v) Delivery point. Each CMCP must identify a single delivery point. 
The delivery point is the first location where fish removed from a 
delivering catcher vessel can be sorted or diverted to more than one 
location. If the catch is pumped from the hold of a catcher vessel or a 
codend, the delivery point normally will be the location where the pump 
first discharges the catch. If catch is removed from a vessel by 
brailing, the delivery point normally will be the bin or belt where the 
brailer discharges the catch.
    (vi) Observation area. Each CMCP must designate an observation area. 
The observation area is a location designated on the CMCP where an 
individual may monitor the flow of fish during a delivery. The owner and 
manager must ensure that the observation area meets the following 
standards:
    (A) Access to the observation area. The observation area must be 
freely accessible to NMFS staff or NMFS-authorized personnel at any time 
a valid CMCP is required.
    (B) Monitoring the flow of fish. From the observation area, an 
individual must have an unobstructed view or otherwise be able to 
monitor the entire flow of fish between the delivery point and a 
location where all sorting has taken place and each species has been 
weighed.
    (vii) Observer work station. Each CMCP must identify and include an 
observer work station for the exclusive use of NMFS-certified observers. 
Unless otherwise approved by NMFS, the work station must meet the 
following criteria:
    (A) Location of observer work station. The observer work station 
must be located in an area protected from the weather where the observer 
has access to unsorted catch.

[[Page 738]]

    (B) Platform scale. The observer work station must include a 
platform scale as described in paragraph (c)(4) of this section;
    (C) Proximity to observer work station. The observer area must be 
located near the observer work station. The plant liaison must be able 
to walk between the work station and the observation area in less than 
20 seconds without encountering safety hazards.
    (D) Workspace. The observer work station must include: A working 
area of at least 4.5 square meters, a table as specified in paragraph 
(d)(4) of this section, and meet the other requirements as specified in 
paragraph (d)(6) of this section.
    (E) Lockable cabinet. The observer work station must include a 
secure and lockable cabinet or locker of at least 0.5 cubic meters.
    (viii) Communication with observer. The CMCP must describe what 
communication equipment such as radios, pagers or cellular phones, is 
used to facilitate communications within the plant. The plant owner must 
ensure that the plant manager provides the NMFS-certified observer with 
the same communications equipment used by plant staff.
    (ix) Plant liaison. The CMCP must designate a plant liaison. The 
plant liaison is responsible for:
    (A) Orienting new observers to the plant;
    (B) Assisting in the resolution of observer concerns; and
    (C) Informing NMFS if changes must be made to the CMCP.
    (x) Scale drawing of plant. The CMCP must be accompanied by a scale 
drawing of the plant showing:
    (A) The delivery point;
    (B) The observation area;
    (C) The observer work station;
    (D) The location of each scale used to weigh catch; and
    (E) Each location where catch is sorted.

[63 FR 5843, Feb. 4, 1998, as amended at 63 FR 30401, June 4, 1998; 65 
FR 61982, Nov. 15, 1999; 65 FR 33782, May 25, 2000; 65 FR 61267, Oct. 
17, 2000; 68 FR 215, Jan. 2, 2003]

    Effective Date Note: At 67 FR 79731, Dec. 30, 2002, Sec. 679.28 was 
amended by revising paragraph (c), and adding paragraph (g), effective 
Jan. 29, 2003, through Dec. 31, 2007.
    In Sec. 679.28 paragraphs (c)(3), (c)(4)(iii), and (g) contain 
information collection requirements and will not become effective until 
approved 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.

[[Page 739]]

    (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 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

[[Page 740]]

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 license limitation requirements under Sec. 679.4(k)(2)(iv) of this 
part 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 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 level 2 observers that will be aboard the vessel. For 
catcher/processors using hook-and-line gear proposing to carry only one 
level 2 observer, the CDP must include vessel logbook or observer data 
that demonstrates that one level 2 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 or stationary floating processors. A list 
of the name, Federal processor permit number, and location of each 
shoreside processor or stationary floating 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

[[Page 741]]

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 level 2 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 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

[[Page 742]]

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 
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;

[[Page 743]]

    (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.
    (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.

[[Page 744]]

    (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 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; 65 FR 45318, July 21, 2000; 67 FR 4148, Jan. 
28, 2002]

    Effective Date Note: At 63 FR 30403, June 4, 1998, Sec. 679.30 was 
revised. Section

[[Page 745]]

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--(1) Bering Sea. In the annual harvest 
specifications required by Sec. 679.20(c), 10 percent of the Bering Sea 
subarea pollock TAC will be allocated to a CDQ reserve.
    (2) Aleutian Islands Subarea and Bogoslof District. In the annual 
harvest specifications required by Sec. 679.20(c), 10 percent of the 
Aleutian Islands subarea and Bogoslof District pollock TAC will be 
allocated to a CDQ reserve unless the Aleutian Islands subarea and/or 
Bogoslof District is closed to directed fishing for pollock by 
regulation. If the Aleutian Islands subarea and/or Bogoslof District is 
closed to directed fishing for pollock by regulation, then no pollock 
CDQ reserve will be established for those areas and incidental harvest 
of pollock by CDQ groups will accrue against the incidental catch 
allowance for pollock established under Sec. 679.20(a)(5)(i)(A)(1).
    (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 (see Figure 15 to this part):
    (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 10,000 lb 
(4.54 mt) applies to halibut CDQ harvested in IPHC regulatory area 4E 
through September 1.
    (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. For those 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, 7.5 percent of the annual guideline 
harvest level for each fishery is apportioned to a crab CDQ reserve.
    (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 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 arrowtooth flounder or 
``other species'' CDQ is a technical amendment to a community 
development plan as described in Sec. 679.30(g)(5). The technical 
amendment must be approved before harvests relying on CDQ transferred

[[Page 746]]

from the non-specific CDQ reserve may be conducted.
    (g) Non-specific CDQ reserve (applicable through December 31, 2002). 
Annually, NMFS will apportion 50 percent of the arrowtooth flounder CDQ 
and 15 percent of the ``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 
reserve to the CDQ group's arrowtooth flounder or ``other species'' CDQ 
is a technical amendment to a community development plan 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; 64 FR 61982, Nov. 
15, 1999; 66 FR 13678, Mar. 7, 2001; 67 FR 13293, Mar. 22, 2002; 68 FR 
9905, Mar. 3, 2003]

    Effective Date Note: At 67 FR 79733, Dec. 30, 2002, Sec. 679.31 was 
amended by revising paragraph (a), effective Jan. 29, 2003, through Dec. 
31, 2007.



Sec. 679.32  Groundfish and halibut CDQ catch monitoring.

    (a) Applicability. 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.
    (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), operators of vessels groundfish CDQ fishing and 
managers of shoreside processors or stationary floating processors 
taking deliveries from vessels groundfish CDQ fishing must comply with 
the following requirements:
    (1) Catcher vessels without an observer. (i) Operators of catcher 
vessels less than 60 ft (18.3 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 
unless retention of groundfish CDQ species is not authorized under 
Sec. 679.4 of this part, discard of the groundfish CDQ species is 
required under subpart B of this part, or, in waters within the State of 
Alaska, discard is required by laws of the State of Alaska. 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 (see Sec. 679.5(n)(1)). 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 motherships must retain 
all CDQ and PSQ species and deliver them to a mothership that meets the 
requirements of paragraph (c)(4) of this section.

[[Page 747]]

    (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 unless retention of groundfish CDQ species is not 
authorized under Sec. 679.4 of this part, discard of the groundfish CDQ 
species is required under subpart B of this part, or, in waters within 
the State of Alaska, discard is required by laws of the State of Alaska;
    (B) Retain all halibut and crab PSQ in a bin or other location until 
it is counted and sampled by a level 2 observer; and
    (C) Provide space on the deck of the vessel for the level 2 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 unless retention of 
groundfish CDQ species is not authorized under Sec. 679.4 of this part, 
discard of the groundfish CDQ or PSQ species is required under subpart B 
of this part, or, in waters within the State of Alaska, discard is 
required by laws of the State of Alaska. Have all of the halibut PSQ 
counted by the level 2 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 level 2 
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 level 2 observer.
    (3) Shoreside processors and stationary floating processors. The 
manager of a shoreside processor or stationary floating processor must 
comply with all of the following requirements:
    (i) Prior notice to observer of offloading schedule. Notify the 
level 2 observer of the offloading schedule of each CDQ delivery at 
least 1 hour prior to offloading to provide the level 2 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.
    (iv) CDQ and PSQ sorting and weighing. Sorting and weighing of CDQ 
and PSQ must be monitored by a level 2 observer.
    (v) CDQ delivery report. Submit a CDQ delivery report described at 
Sec. 679.5(n)(1) for each delivery of groundfish CDQ.
    (vi) AFA inshore processors. Take deliveries from a vessel engaged 
in directed fishing for pollock CDQ without following an approved CMCP 
as described at Sec. 679.28(g).
    (4) Catcher/processors and motherships. The operator of a catcher/
processor or a mothership taking deliveries of unsorted codends from 
catcher vessels must comply with the following requirements:
    (i) Prior notice to observer of CDQ catch. Notify the level 2 
observer(s) before CDQ catch is brought onboard the vessel and notify 
the level 2 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) Obtain the data entry software provided by the Regional 
Administrator (``ATLAS software'') for use by

[[Page 748]]

the observer and ensure that observer data can be transmitted from the 
vessel to NMFS at any time while the vessel is receiving, catching or 
processing CDQ species.
    (iv) Catcher/processors using trawl gear and motherships. The 
operator of a catcher/processor using trawl gear or of a mothership 
taking deliveries of unsorted codends from catcher vessels 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 level 2 observer for species composition and the vessel 
operator must allow level 2 observers to use any scale approved by NMFS 
to weigh partial CDQ haul samples.
    (v) Catcher/processors using nontrawl gear. Each CDQ set on a vessel 
using hook-and-line gear must be sampled by a level 2 observer for 
species composition and average weight.
    (d) Recordkeeping and reporting--(1) Catch record. The manager of a 
shoreside processor or stationary floating 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 
level 2 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 level 2 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 determined by using the 
level 2 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 level 2 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. The weight and numbers of 
CDQ and

[[Page 749]]

PSQ species will be determined by applying the level 2 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 
level 2 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 or stationary floating 
processor, and the Registered Buyer must comply with the catch 
monitoring requirements of this paragraph (f) and with the R&R 
requirements of Sec. 679.4(e) for the catch of CDQ halibut or while CDQ 
halibut fishing.
    (2) Accounting for catch of groundfish CDQ while halibut CDQ 
fishing. The manager of a shoreside processor or stationary floating 
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 or stationary floating 
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.
    (3) 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 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. CDQ species must be 
discarded when required by other provisions in subpart B of this part 
or, in waters within the State of Alaska, when discard is required by 
laws of the State of Alaska.
    (4) 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; 64 FR 61982, Nov. 15, 1999; 65 FR 33783, May 
25, 2000; 66 FR 13678, Mar. 7, 2001; 67 FR 4133, 4148, Jan. 28, 2002; 67 
FR 18140, Apr. 15, 2002; 68 FR 215, Jan. 2, 2003; 68 FR 44487, July 29, 
2003]

    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: At 67 FR 79733, Dec. 30, 2002, Sec. 679.32 was 
amended by adding paragraph (c)(3)(vi), effective Jan. 29, 2003, through 
Dec. 31, 2007.



         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.

[[Page 750]]

    (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:
    (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.
    (C) Who is a citizen of the United States at the time of application 
for QS.
    (D) Who is a 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.
    (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

[[Page 751]]

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.
    (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.

[[Page 752]]

    (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. The 
Application period for QS ended on July 15, 1994. As of that date, the 
Request for QS Application form replaced the QS Application form as the 
means by which the Administrator, RAM, reviews and makes initial 
administrative determinations on requests for initial allocations of QS. 
A Request for QS Application must contain the following: information 
identifying the individual, representative of a deceased fisherman's 
estate, corporation or partnership, or dissolved corporation or 
partnership making the request; contact numbers; vessel identification, 
length overall, and purchase date; and information on any vessel leasing 
arrangement pertinent to the claim of eligibility.
    (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

[[Page 753]]

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:

IFQpa = [(fixed gear TACa - CDQ 
    reservea) x (QSpa/QS poola)] - 
    overage of IFQpa.

    (2) QS amounts. For purposes of calculating IFQs for any fishing 
year, the amount of a person's QS and the amount of the QS pool for any 
IFQ regulatory area will be the amounts on record with the Alaska 
Region, NMFS, as of 1200 hours, A.l.t., on January 31 of that year.
    (3) IFQ permit. The Regional 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

[[Page 754]]

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; 66 FR 27910, May 21, 2001; 67 FR 4133, Jan. 28, 2002]



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 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)(i) The person applying to make or receive the IFQ or QS transfer 
has paid all IFQ fees that have become due as a result of an initial 
administrative determination.
    (ii) The person applying to make or receive the IFQ or QS transfer 
who has not paid all IFQ fees that are due (as provided under 
Sec. 679.45(a)) has timely appealed the administrative determination 
that IFQ fees have not been paid in full and has submitted to NMFS an 
amount sufficient to satisfy any disputed liability pending a final 
agency action.
    (9) 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

[[Page 755]]

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.
    (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 GOA regulatory area: 46,055 QS.
    (iv) Western GOA regulatory 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

[[Page 756]]

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.
    (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) IFQ resulting from category B, C, or D QS may not be transferred 
separately from its originating QS, except as provided in paragraph (k) 
of this section.
    (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

[[Page 757]]

a specific catcher vessel category as designated by the person receiving 
the transfer.
    (2) 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 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 = (QCxQSPN 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 [TACAVExCDQPCT]
SUMTAC = sum [TACAVE]

    (k) Survivorship transfer privileges--(1) On the death of an 
individual who holds QS or IFQ, the surviving spouse or, in the absence 
of a surviving spouse, a beneficiary designated pursuant to paragraph 
(k)(2) of this section, 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. The Regional Administrator will approve an 
Application for Transfer to the surviving spouse or designated 
beneficiary when sufficient evidence has been provided to verify the 
death of the individual.
    (2) QS holders may provide the Regional Administrator with the name 
of a designated beneficiary from the QS holder's immediate family to 
receive survivorship transfer privileges in the event of the QS holder's 
death and in the absence of a surviving spouse.
    (3) 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 or, in the absence of a 
surviving spouse, from a beneficiary from the QS holder's immediate 
family designated pursuant to paragraph (k)(2) of this section to a 
person eligible to receive IFQ under the provisions of this section, 
notwithstanding the limitations on transfers of IFQ in paragraph (h)(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; 65 FR 14942, Mar. 20, 2000; 66 FR 27910, May 21, 2001; 67 
FR 4133, 4148, Jan. 28, 2002]



Sec. 679.42  Limitations on use of QS and IFQ.

    (a) IFQ regulatory area and vessel category. (1) The QS or IFQ 
specified for

[[Page 758]]

one IFQ regulatory area must not be used in a different IFQ regulatory 
area.
    (2) Except as provided 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.
    (3) Notwithstanding Sec. 679.40(a)(5)(ii), 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 (2.268 mt), based on the 1996 TACs 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 trip and 
present during the landing.
    (iii) Sign any required fish ticket.
    (iv) Sign the IFQ Landing Report required by 
Sec. 679.5(l)(2)(iii)(M) or Sec. 679.5(l)(2)(iv)(D).
    (2) NMFS shall use the following sources of information to debit a 
CDQ or IFQ account.
    (i) Except as provided in Sec. 679.5(l)(2)(iii)(J), if offload of 
unprocessed IFQ halibut, CDQ halibut or IFQ sablefish from a vessel, the 
scale weight of the halibut or sablefish product actually measured at 
the time of offload, as required by Sec. 679.5(l)(2)(iii) to be included 
in the IFQ Landing Report.
    (ii) If offload of processed IFQ & CDQ halibut or IFQ sablefish from 
a vessel, the scale weight of the halibut or sablefish processed product 
actually measured at or before the time of offload. If the product scale 
weights are taken before the time of offload, then the species and 
actual product weight of each box or container must be visibly marked on 
the outside of each container to facilitate enforcement inspection.
    (3) All IFQ catch onboard a vessel must be debited from the IFQ 
permit holder's account under which the catch was harvested.
    (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 more than 3,229,721 units of sablefish QS, except if the amount 
of a person's initial allocation of sablefish QS is greater than 
3,229,721 units, in which case that person may not use more than the 
amount of the initial allocation.
    (2) In the IFQ regulatory area east of 140[deg] W. long., no person, 
individually or collectively, may use more than 688,485 units of 
sablefish QS for this area, except if the amount of a person's initial 
allocation of sablefish QS is greater than 688,485 units, in which case 
that person may not use more than the amount of the initial allocation.
    (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

[[Page 759]]

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 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.
    (3) The exemption provided in paragraph (i)(1) of this section may 
be exercised by an individual on a vessel owned by a corporation, 
partnership, or other entity in which the individual is a shareholder, 
partner, or member, provided that the individual maintains a minimum 20 
percent interest in the vessel owned by the corporation, partnership, or 
other entity. For purposes of this paragraph, interest in a vessel is 
determined as the percentage ownership of a corporation, partnership, or 
other entity by that individual multiplied by the percentage of 
ownership of the vessel by the corporation, partnership, or other 
entity.
    (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

[[Page 760]]

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'' means:
    (i) for corporations and partnerships, 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; or
    (ii) for estates, the final or summary distribution of the estate.
    (3) The Regional Administrator must be notified of a change in the 
corporation, partnership, or other entity 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 or, for 
estates, the date of the determination of a legal heir to the estate, or 
the date of the order for distribution of the estate.
    (4) QS assigned to vessel categories B, C, or D and IFQ resulting 
from that QS held in the name of a corporation, partnership, or other 
entity 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.
    (6) A corporation, partnership, or other entity, except for a 
publicly held corporation, that receives an initial allocation of QS 
assigned to categories B, C, or D must provide annual updates to the 
Regional Administrator identifying all current shareholders or partners 
and affirming the entity's continuing existence as a corporation or 
partnership.
    (7) The exemption provided in paragraph (j) of this section may be 
exercised by a corporation, partnership, or other entity on a vessel 
owned by a person who is a shareholder in the corporation, partnership, 
or other entity, provided that the corporation, partnership, or other 
entity maintains a minimum of 20 percent interest in the vessel. For 
purposes of this paragraph, interest in a vessel is determined as the 
percentage of ownership in the corporation, partnership, or other entity 
by that person who is a shareholder in the corporation, partnership, or 
other entity, multiplied by the percentage of ownership in the vessel by 
that person who is a shareholder in the corporation, partnership, or 
other entity.
    (k) Processing of fish other than IFQ halibut and IFQ sablefish. 
Fish other than IFQ halibut or IFQ sablefish may

[[Page 761]]

be processed on a vessel on which persons:
    (1) Are authorized to harvest IFQ halibut or IFQ sablefish based on 
allocations of IFQ resulting from QS assigned to vessel category A; or
    (2) Are authorized to harvest IFQ sablefish based on allocations of 
IFQ resulting from QS assigned to vessel categories B or C unless any 
person aboard the vessel is authorized to harvest IFQ halibut based on 
allocations of IFQ resulting from QS assigned to vessel categories B, C, 
or D.

[61 FR 31230, June 19, 1996, as amended at 61 FR 33385, June 27, 1996; 
61 FR 43314, Aug. 22, 1996; 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; 64 FR 61982, Nov. 15, 1999; 66 FR 
27911, May 21, 2001; 67 FR 4133, Jan. 28, 2002; 67 FR 20918, Apr. 29, 
2002; 67 FR 22011, May 2, 2002; 68 FR 44487, July 29, 2003]

    Effective Date Note: At 66 FR 27911, May 21, 2001, Sec. 679.42 was 
amended by adding paragraph (j)(6). This section contains information 
collection requirements and will not become effective until approved by 
the Office of Management and Budget.



Sec. 679.43  Determinations and appeals.

    (a) General. This section describes the procedure for appealing 
initial administrative determinations made under this part 679.
    (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 
mailed to the: National Marine Fisheries Service, Office of 
Administrative Appeals (OAA), P. O. Box 21668, Juneau, AK 99802-1668, or 
delivered to National Marine Fisheries Service, Attention: Appeals 
(OAA), 709 W. 9th Street, Room 453, Juneau, AK 99801.
    (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. General--NMFS will establish as the address 
of record the address used by the applicant in initial correspondence to 
NMFS concerning the application. 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.

[[Page 762]]

    (ii) The factual issue can be resolved by available and specifically 
identified reliable evidence. A hearing will not be ordered on the basis 
of mere allegations or denials or general descriptions of positions and 
contentions.
    (iii) The evidence described in the request for hearing, if 
established at hearing, would be adequate to justify resolution of the 
factual issue in the way sought by the applicant. A hearing will not be 
ordered if the evidence described is insufficient to justify the factual 
determination sought, even if accurate.
    (iv) Resolution of the factual issue in the way sought by the 
applicant is adequate to justify the action requested. A hearing will 
not be ordered on factual issues that are not determinative with respect 
to the action requested.
    (h) Types of hearings. If the appellate officer determines that a 
hearing should be held to resolve one or more genuine and substantial 
issues of adjudicative fact, he/she may order:
    (1) A written hearing, as provided in paragraph (m) of this section; 
or
    (2) An oral hearing, as provided in paragraph (n) of this section.
    (i) Authority of the appellate officer. The appellate officer is 
vested with general authority to conduct all hearings in an orderly 
manner, including the authority to:
    (1) Administer oaths.
    (2) Call and question witnesses.
    (3) Issue a written decision based on the record.
    (j) Evidence. All evidence that is relevant, material, reliable, and 
probative may be included in the record. Formal rules of evidence do not 
apply to hearings conducted under this section.
    (k) Appellate officers' decisions. The appellate officer will close 
the record and issue a decision after determining there is sufficient 
information to render a decision on the record of the proceedings and 
that all procedural requirements have been met. The decision must be 
based solely on the record of the proceedings. Except as provided in 
paragraph (o) of this section, an appellate officer's decision takes 
effect 30 days after it is issued and, upon taking effect, is the final 
agency action for purposes of judicial review.
    (l) Disqualification of an appellate officer. (1) The appellate 
officer will withdraw from an appeal at any time he/she deems himself/
herself disqualified.
    (2) The appellate officer may withdraw from an appeal on an 
appellant's motion if:
    (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

[[Page 763]]

record is sufficient to render a decision.
    (n) Oral hearing. (1) The appellate officer may order an oral 
hearing under paragraphs (h)(2) and (m)(3)(i) of this section if he/she:
    (i) Orders a hearing as provided in paragraph (g)(3) of this 
section; and
    (ii) Determines that the issues to be resolved at hearing can best 
be resolved through the oral hearing process.
    (2) After ordering an oral hearing, the appellate officer will:
    (i) Provide the appellant with notification that an oral hearing has 
been ordered.
    (ii) Provide the appellant with a statement of issues to be 
determined at hearing.
    (iii) Provide the appellant with notification, at least 30 days in 
advance, of the place, date, and time of the oral hearing. Oral hearings 
will be held in Juneau, AK, at the prescribed date and time, unless the 
appellate officer determines, based upon good cause shown, that a 
different place, date, or time will better serve the interests of 
justice. A continuance of the oral hearing may be ordered at the sole 
discretion of the appellate officer if the appellant shows good cause 
for the continuance.
    (3) The appellate officer may, either at his/her own discretion or 
on the motion of the appellant, order a pre-hearing conference, either 
in person or telephonically, to consider:
    (i) The simplification of issues.
    (ii) The possibility of obtaining stipulations, admissions of facts, 
and agreements to the introduction of documents.
    (iii) The possibility of settlement or other means to facilitate 
resolution of the case.
    (iv) Such other matters as may aid in the disposition of the 
proceedings.
    (4) The appellate officer must provide the appellant with 
notification of a pre-hearing conference, if one is ordered, at least 30 
days in advance of the conference. All action taken at the pre-hearing 
conference will be made part of the record.
    (5) At the beginning of the oral hearing, the appellate officer may 
first seek to obtain stipulations as to material facts and the issues 
involved and may state any other issues on which he/she may wish to have 
evidence presented. Issues to be resolved at the hearing will be limited 
to those identified by the appellate officer as provided in 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

[[Page 764]]

of his or her appeal of an initial administrative determination denying 
an application for a license for license limitation groundfish, crab 
species under Sec. 679.4(k) or scallops under Sec. 679.4(g). This non-
transferable license authorizes a person to conduct directed fishing for 
groundfish, crab species, or catch and retain scallops and will have 
specific endorsements and designations 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; 65 FR 78118, Dec. 
14, 2000; 66 FR 27911, May 21, 2001; 67 FR 4148, Jan. 28, 2002; 67 FR 
64317, Oct. 18, 2002; 67 FR 72611, Dec. 6, 2002; 68 FR 44487, July 29, 
2003]



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.



Sec. 679.45  IFQ cost recovery program.

    (a) Cost recovery fees--(1) Responsibility. The person documented on 
the IFQ permit as the permit holder at the time of an IFQ landing must 
comply with the requirements of this section. Subsequent transfer of QS 
or IFQ does not affect the permit holder's liability for noncompliance 
with this section.
    (2) IFQ Fee Liability Determination. After each IFQ fishing year, 
the Regional Administrator will issue each IFQ permit holder a summary 
of his or her IFQ pounds landed during that IFQ fishing year for each 
permit as part of the IFQ Landing and Estimated Fee Liability page 
described at Sec. 679.5(l)(7)(ii)(C)(2). The summary will include an 
estimated IFQ fee liability based on the standard ex-vessel values of 
the landings. The summary and estimated fee liability will include 
details of IFQ equivalent pounds landed by permit, port or port-group, 
species, date, and IFQ standard prices. The permit holder must either 
accept NMFS's estimate of IFQ liability or revise NMFS's estimate of IFQ 
fee liability using the Fee Submission Form described at 
Sec. 679.5(l)(7)(ii). If the permit holder revises NMFS's estimate of 
his or her fee liability, NMFS may request in writing that the permit 
holder submit documentation establishing the factual basis for the 
revised calculation. If the permit holder fails to provide adequate 
documentation by the 30th day after the date of such request, 
NMFS will determine the IFQ permit holder's fee liability based on 
standard ex-vessel values.
    (3) Fee Collection. An IFQ permit holder with an IFQ landing is 
responsible for self-collecting his or her own fee during the calendar 
year in which the IFQ fish is harvested.
    (4) Payment--(i) Payment due date. An IFQ permit holder must submit 
his or her IFQ fee liability payment(s) to NMFS at the address provided 
in this section at paragraph (a)(4)(iii) of this section not later than 
January 31 of the year following the calendar year in which the IFQ 
landings were made.
    (ii) Payment recipient. Make payment payable to NMFS.
    (iii) Payment address. Mail payment and related documents to:
    Administrator, Alaska Region, NMFS,
    Attn: RAM Program,
    P.O. Box 21668,
    Juneau, AK 99802 1668,
    FAX: (907) 586-7354.
    or submit electronically to NMFS via forms available from RAM or on 
the RAM area of the Alaska Region Home Page at http://www.fakr.noaa.gov/
ram.
    (iv) Payment method. Payment must be made in U.S. dollars by 
personal check drawn on a U.S. bank account, money order, bank certified 
check, or credit card.
    (b) IFQ ex-vessel value determination and use--(1) General. An IFQ 
permit holder must use either the IFQ standard ex-vessel value or the 
IFQ actual ex-vessel value when determining the IFQ fee liability based 
on ex-vessel value. An IFQ permit holder must base

[[Page 765]]

all fee liability calculations on the ex-vessel value that correlates to 
landed IFQ fish that is recorded in IFQ equivalent pounds.
    (2) IFQ actual ex-vessel value. An IFQ permit holder that uses 
actual ex-vessel value, as defined in Sec. 679.2, to determine IFQ fee 
liability must document actual ex-vessel value for each IFQ permit.
    (c) IFQ standard ex-vessel value determination and use--(1) Use of 
standard price. An IFQ permit holder that uses standard ex-vessel value 
to determine the IFQ fee liability as part of a revised IFQ fee 
liability submission must use the corresponding standard price(s) as 
published in the Federal Register.
    (2) Duty to publish list--(i) General. Each year the Regional 
Administrator will publish IFQ standard prices in the Federal Register 
during the last quarter of each calendar year. The standard prices will 
be described in U.S. dollars per IFQ equivalent pound, for IFQ halibut 
and sablefish landings made during the current calendar year.
    (ii) Effective duration. The IFQ standard prices will remain in 
effect until revised by the Regional Administrator by notification in 
the Federal Register based upon new information of the type set forth in 
this section. IFQ standard prices published in the Federal Register by 
NMFS shall apply to all landings made in the same calendar year as the 
IFQ standard price publication and shall replace any IFQ standard prices 
previously provided by NMFS that may have been in effect for that same 
calendar year.
    (iii) Determination. NMFS will calculate the IFQ standard prices to 
reflect, as closely as possible by month and port or port-group, the 
variations in the actual ex-vessel values of IFQ halibut and IFQ 
sablefish landings based on information provided in the IFQ Buyer 
Reports as described in Sec. 679.5(l)(7)(i). The Regional Administrator 
will base IFQ standard prices on the following types of information:
    (A) Landed pounds by IFQ species, port-group, and month;
    (B) Total ex-vessel value by IFQ species, port-group, and month; and
    (C) Price adjustments, including IFQ retro-payments.
    (d) IFQ fee percentage--(1) Default percentage. The IFQ fee 
percentage is 3 percent (0.03) unless adjusted by the Regional 
Administrator by publication in the Federal Register in accordance with 
Sec. 679.45(d)(3).
    (2) Calculating fee percentage value. Each year the Regional 
Administrator will calculate the fee percentage.
    (i) Factors. In making the calculations the Regional Administrator 
will consider the following factors:
    (A) The catch to which the IFQ fee will apply;
    (B) The projected ex-vessel value of that catch;
    (C) The costs directly related to the management and enforcement of 
the IFQ program;
    (D) The funds available for the IFQ program in the Limited Access 
System Administrative Fund (LASAF); and
    (E) Nonpayment of fee liabilities.
    (ii) Methodology. In making the calculation, the Regional 
Administrator will use the methodology described here.

[100 x (DPC - AB) / V] / (1 - NPR)

where:

DPC is the direct program costs for the IFQ fishery for the previous 
fiscal year,
AB is the projected end of the year LASAF account balance for the IFQ 
program,
V is the projected ex-vessel value of the catch subject to the IFQ fee 
for the current year, and
NPR is the fraction of the fee assessments that is expected to result in 
nonpayment.

    (3) Adjustments. (i) General. During or before the last quarter of 
each year, the Regional Administrator will consider adjusting the IFQ 
fee percentage. Consideration will be based on the calculations 
described in Sec. 679.45(d)(2). The Regional Administrator may reduce 
the IFQ fee percentage at any time based on new information of the type 
set forth in Sec. 679.45(d)(2).
    (ii) In-season effective period. An in-season reduction in the IFQ 
fee percentage supersedes the IFQ fee percentage previously in effect 
for the calendar year and remains in effect through the end of the 
calendar year in which it was determined unless otherwise adjusted by 
the Regional Administrator.
    (4) Publication. The Regional Administrator will publish 
notification in the

[[Page 766]]

Federal Register any adjustment of the IFQ fee percentage.
    (5) Applicable percentage. The IFQ permit holder must use the IFQ 
fee percentage in effect at the time an IFQ landing is made to calculate 
his or her fee liability for such landed IFQ pounds unless the 
percentage is subsequently adjusted as described in Sec. 679.45(d)(3). 
The IFQ permit holder must use the IFQ percentage in effect at the time 
an IFQ retro-payment is received by the IFQ permit holder to calculate 
his or her IFQ fee liability for the IFQ retro-payment.
    (e) Non-payment of fee. If an IFQ permit holder does not submit a 
complete Fee Submission Form and corresponding payment by the due date 
described in Sec. 679.45(a)(2) and (3), the Regional Administrator may:
    (1) At any time thereafter send an IAD to the IFQ permit holder 
stating that the IFQ permit holder's estimated fee liability, as 
calculated by the Regional Administrator and sent to the IFQ permit 
holder pursuant to Sec. 679.45(a)(2) is the amount of IFQ fee due from 
the IFQ permit holder.
    (2) Disapprove any transfer of IFQ or QS to or from the IFQ permit 
holder in accordance with Sec. 679.41(c)(8)(i). Upon final agency action 
determining that an IFQ permit holder has not paid his or her IFQ fee 
liability, any IFQ fishing permit held by the IFQ permit holder is not 
valid until all IFQ fee liabilities are paid. If payment is not received 
by the 30th day after the final agency action, the matter 
will be referred to the appropriate authorities for purposes of 
collection.
    (f) Underpayment of IFQ fee. (1) When an IFQ permit holder has 
incurred a fee liability and made a timely payment to NMFS of an amount 
less than the NMFS estimated IFQ fee liability, the Regional 
Administrator will review the Fee Submission Form and related 
documentation submitted by the IFQ permit holder. If the Regional 
Administrator determines that the IFQ permit holder has not paid a 
sufficient amount, the Regional Administrator may disapprove any 
transfer of IFQ or QS to or from the IFQ permit holder in accordance 
with Sec. 679.41(c)(4). The Regional Administrator will notify the IFQ 
permit holder by letter that an insufficient amount has been paid and 
that the IFQ permit holder has 30 days from the date of the letter to 
either pay the amount determined to be due or provide additional 
documentation to prove that the amount paid was the correct amount. The 
Regional Administrator will evaluate any additional documentation 
submitted by an IFQ permit holder in support of his or her payment. If 
the Regional Administrator determines that the additional documentation 
does not meet the IFQ permit holder's burden of proving his or her 
payment is correct, the Regional Administrator will send the permit 
holder an IAD indicating that the permit holder did not meet the burden 
of proof to change the IFQ fee liability as calculated by the Regional 
Administrator based upon the IFQ standard ex-vessel value.
    (2) After expiration of the 30-day period, the Regional 
Administrator will issue an IAD and notify the IFQ permit holder. The 
IAD will set out the facts and indicate the deficiencies in the 
documentation submitted by the permit holder. An IFQ permit holder who 
receives an IAD may appeal pursuant to Sec. 679.43. In an appeal of an 
IAD made under this section, the IAD permit holder has the burden of 
proving his or her claim.
    (3) If the permit holder fails to file an appeal of the IAD pursuant 
to Sec. 679.43, the IAD will become the final agency action. If the IAD 
is appealed and the final agency action is a determination that 
additional sums are due from the IFQ permit holder, the IFQ permit 
holder must pay any IFQ fee amount determined to be due not later than 
30 days from the issuance of the final agency action. Once a fee 
liability determination becomes final, any IFQ fishing permit held by 
the IFQ permit holder will be deemed not valid until all IFQ fee 
liabilities have been paid. If payment is not received by the 
30th day after the final agency action, the matter will be 
referred to the appropriate authorities for purposes of collection.
    (g) Over payment. Upon issuance of final agency action, any amount 
submitted to NMFS in excess of the IFQ fee liability determined to be 
due by the final agency action will be returned to the IFQ permit holder 
unless the

[[Page 767]]

permit holder requests the agency to credit the excess amount against 
the IFQ permit holder's future IFQ fee liability.
    (h) Appeals and requests for reconsideration. An IFQ permit holder 
who receives an IAD may either appeal the IAD pursuant to Sec. 679.43 or 
request reconsideration. Within 60 days from the date of issuance of the 
IAD, the Regional Administrator may undertake a reconsideration of the 
IAD on his or her own initiative. If a request for reconsideration is 
submitted or the Regional Administrator initiates a reconsideration, the 
60-day period for appeal under Sec. 679.43 will begin anew upon issuance 
of the Regional Administrator's reconsidered IAD. The Regional 
Administrator may undertake only one reconsideration of the IAD, if any. 
If an IFQ permit holder fails to file an appeal of the IAD pursuant to 
Sec. 679.43, the IAD will become the final agency action. In any appeal 
or reconsideration of an IAD made under this section, an IFQ permit 
holder has the burden of proving his or her claim.
    (i) Annual report. NMFS will publish annually a report describing 
the status of the IFQ Cost Recovery Program.

[65 FR 14924, Mar. 20, 2000, as amended at 67 FR 4133, Jan. 28, 2002]



                 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, 2007.

    (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)(5) 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

[[Page 768]]

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 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 GOA 
regulatory area 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) Vessels using pot gear. (A) 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:
    (1) For at least 30 percent of the total number of pot retrievals 
for that calendar quarter, and
    (2) For 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.
    (B) Groundfish are required to be retained each day that pot gear is 
retrieved in order for gear retrieved that day to count toward observer 
coverage requirements for all catcher vessels and catcher/processors 
using pot gear and required to carry observers.
    (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.
    (x) A vessel directed fishing with trawl gear for Atka mackerel in 
the Aleutian Islands subarea must carry two NMFS-certified observers at 
all times while directed fishing for Atka mackerel in the HLA directed 
fishery, as specified in Sec. 679.20(a)(8).
    (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

[[Page 769]]

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).
    (iii) Catcher vessel delivery in Alaska State waters. A catcher 
vessel that delivers groundfish to a shoreside processor or stationary 
floating processor 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 transport (catcher 
vessels only), harvest, process, deliver or take delivery of CDQ or PSQ 
species. The time required for the level 2 observer to complete 
sampling, data recording, and data communication duties shall not exceed 
12 hours in each 24-hour period, and, the level 2 observer is required 
to sample no more than 9 hours in each 24-hour period.
    (i) Motherships or catcher/processors using trawl gear--(A) Multi-
species CDQ fishery. A mothership or catcher/processor using trawl gear 
to participate in the multi-species CDQ fishery must have at least two 
level 2 observers as described at paragraphs (j)(1)(v)(D) and (E) of 
this section aboard the vessel, at least one of whom must be certified 
as a lead level 2 observer.
    (B) Pollock CDQ fishery. A mothership or catcher/processor using 
trawl gear to participate in a directed fishery for pollock CDQ must 
have at least two NMFS-certified observers aboard the vessel, at least 
one of whom must be certified as a lead level 2 observer.
    (ii) Catcher/processors using hook-and-line gear. A catcher/
processor using hook-and-line gear must have at least two level 2 
observers as described at paragraphs (j)(1)(v)(D) and (E) of this 
section aboard the vessels, unless NMFS approves a CDP authorizing the 
vessel to carry only one lead level 2 observer. At least one of the 
level 2 observers must be certified as a lead level 2 observer. NMFS may 
approve a CDP authorizing the vessel to carry only one lead level 2 
observer if the CDQ group supplies vessel logbook or observer data that 
demonstrates that one level 2 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 level 2 observer as described at 
paragraph (j)(1)(v)(E) of this section aboard the vessel.
    (iv) Catcher vessel using trawl gear. A catcher vessel equal to or 
greater than 60 ft (18.3 m) LOA using trawl gear, except a catcher 
vessel that delivers only unsorted codends to a processor or another 
vessel, must have at least one level 2 observer as described at 
paragraph (j)(1)(v)(D) of this section aboard the vessel.
    (v) Catcher vessel using nontrawl gear. A catcher vessel equal to or 
greater than 60 ft (18.3 m) LOA using nontrawl gear must meet the 
following observer coverage requirements:
    (A) Option 1. If the vessel operator selected Option 1 (as described 
at Sec. 679.32(c)(2)(ii)(A)) for CDQ catch accounting, then at least one 
level 2 observer as described at paragraph (j)(1)(v)(D) of this section 
must be aboard the vessel.
    (B) Option 2. If the vessel operator selected Option 2 (as described 
at Sec. 679.32(c)(2)(ii)(B)) for CDQ catch accounting, then at least one 
lead level 2 observer as described at paragraph (j)(1)(v)(E) of this 
section must be aboard the vessel.

[[Page 770]]

    (5) AFA catcher/processors and motherships--(i) Coverage 
requirement--(A) Listed AFA catcher/processors and AFA motherships. The 
owner or operator of a listed AFA catcher/processor or AFA mothership 
must provide at least two NMFS-certified observers, at least one of 
which must be certified as a lead level 2 observer, for each day that 
the vessel is used to harvest, process, or take deliveries of 
groundfish. More than two observers are required if the observer 
workload restriction at paragraph (c)(5)(iii) of this section would 
otherwise preclude sampling as required under Sec. 679.63(a)(1).
    (B) Unlisted AFA catcher/processors. The owner or operator of an 
unlisted AFA catcher/processor must provide at least two NMFS-certified 
observers for each day that the vessel is used to engage in directed 
fishing for pollock in the BSAI, or takes deliveries of pollock 
harvested in the BSAI. At least one observer must be certified as a lead 
level 2 observer. When an unlisted AFA catcher/processor is not engaged 
in directed fishing for BSAI pollock and is not receiving deliveries of 
pollock harvested in the BSAI, the observer coverage requirements at 
paragraph (c)(1)(iv) of this section apply.
    (ii) Observer work load. The time required for the observer to 
complete sampling, data recording, and data communication duties may not 
exceed 12 consecutive hours in each 24-hour period, and, the observer 
may not sample more than 9 hours in each 24-hour period.
    (d) Observer requirements for shoreside processors and stationary 
floating processors. Observer coverage is required as follows. A 
shoreside processor or stationary floating 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) Is subject to observer requirements specified in paragraph 
(d)(1) of this section that receives pollock or Pacific cod, may reduce 
observer coverage in the event that a directed fishery for such species 
closes, subject to the following conditions:
    (i) The shoreside or stationary floating processor must maintain 
observer coverage for 30 percent of all days that groundfish are 
received or processed, beginning on the fourth calendar day following 
the day that the directed fishery for pollock or Pacific cod was closed 
and ending on the last day of the month, except as allowed in this 
paragraph (d)(3)(iv) of this section.
    (ii) Observer coverage for the month following the month with 
reduced observer coverage will be based on monthly landings projections 
and thresholds as specified in paragraphs (d)(1) and (2) of this 
section, but may also be reduced for that subsequent month as specified 
in this paragraph (d)(3) of this section.
    (iii) Total groundfish landings received by a shoreside or 
stationary floating processor under reduced observer coverage as 
authorized under this paragraph (d)(3) may not exceed 250 mt per 
calendar week.
    (iv) If greater than 250 mt in round weight equivalent of groundfish 
are projected to be received in a given calender week by a shoreside or 
stationary floating processor during a month with reduced observer 
coverage, as authorized under this paragraph (d)(3), the shoreside or 
stationary floating processor must return to observer coverage 
requirements as specified in paragraph (d)(1) of this section until all 
fish received during that week is processed. The shoreside or stationary 
floating processor may then return to reduced observer coverage as 
authorized under this paragraph (d)(3) for the remainder of the calendar 
month.
    (4) 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.
    (5) Groundfish and halibut CDQ fisheries--(i) CDQ deliveries 
requiring observer coverage. Subject to paragraph

[[Page 771]]

(d)(5)(ii) of this section, each shoreside processor or stationary 
floating processor taking deliveries of groundfish or halibut CDQ must 
have at least one level 2 observer as described at paragraph 
(j)(1)(v)(D) of this section present at all times while CDQ is being 
received or processed.
    (ii) CDQ deliveries not requiring level 2 observer coverage. A 
shoreside processor is not required to provide a level 2 observer for 
CDQ deliveries from the following vessels:
    (A) Vessels less than 60 ft (18.3 m) LOA that are halibut CDQ 
fishing;
    (B) Vessels equal to or greater than 60 ft (18.3 m) LOA using 
nontrawl gear that have selected Option 1 (as described at Sec.  
679.32(c)(2)(ii)(A)) for CDQ catch accounting, so long as the level 2 
observer on the catcher vessel monitors the entire delivery without 
exceeding the working hour limitations described in paragraph 
(d)(5)(iii) of this section; and
    (C) Vessels equal to or greater than 60 ft (18.3 m) LOA using 
nontrawl gear that have selected Option 2 (as described at Sec.  
679.32(c)(2)(ii)(B)) for CDQ catch accounting.
    (iii) Observer working hours. The time required for the level 2 
observer to complete sampling, data recording, and data communication 
duties may not exceed 12 hours in each 24-hour period, and the level 2 
observer is required to sample no more than 9 hours in each 24-hour 
period.
    (6) AFA inshore processors--(i) Coverage level. An AFA inshore 
processor is required to provide a NMFS certified observer for each 12 
consecutive hour period of each calendar day during which the processor 
takes delivery of, or processes, groundfish harvested by a vessel 
engaged in a directed pollock fishery in the BSAI. An AFA inshore 
processor that takes delivery of or processes pollock harvested in the 
BSAI directed pollock fishery for more than 12 consecutive hours in a 
calendar day is required to provide two NMFS-certified observers for 
each such day.
    (ii) Multiple processors. An observer deployed to an AFA inshore 
processor may not be assigned to cover more than one processor during a 
calendar day in which the processor receives or processes pollock 
harvested in the BSAI directed pollock fishery.
    (iii) Observers transferring between vessels and processors. An 
observer transferring from an AFA catcher vessel to an AFA inshore 
processor may not be assigned to cover the AFA inshore processor until 
at least 12 hours after offload and sampling of the catcher vessel's 
delivery is completed.
    (e) NMFS staff observers. (1) Any vessel, shoreside processor, or 
stationary floating processor required to comply with observer coverage 
requirements under paragraph (c) or (d) of this section or under 
Sec. 679.7(f)(4) must use, upon written notification by the agency, NMFS 
staff or an individual authorized by NMFS for purposes of coverage 
requirements as specified in paragraphs (c) and (d) of this section or 
for other conservation and management purposes.
    (2) Prior to deployment of NMFS staff or individuals authorized by 
NMFS, the agency will provide written notification to the owner or 
operator of a vessel, shoreside processor, or stationary floating 
processor whether observer coverage credit will be granted for that 
deployment.
    (3) Vessel, shoreside processor, and stationary floating processor 
owners and operators, as well as observers and observer providers, may 
contact NMFS in writing to request assistance in improving observer data 
quality and resolving observer sampling issues. Requests may be 
submitted to: NMFS Observer Program Office, P.O. Box 15700, Seattle, 
Washington 98115-0070 or transmitted by facsimile to 206-526-4066.
    (f) 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.

[[Page 772]]

    (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, shoreside processors or 
stationary floating processors required to carry observers, at least 10 
calendar days prior to their effective date.
    (g) 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 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.

[[Page 773]]

    (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 or stationary floating processor 
responsibilities. A manager of a shoreside processor or stationary 
floating 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 or stationary floating 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)(4) 
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 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 or stationary floating processor's holding bins, 
processing areas, freezer spaces, weight scales, warehouses, and any 
other space that may

[[Page 774]]

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 or stationary floating 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.
    (h) Procurement of observer services. Owners of vessels, shoreside 
processors, or stationary floating processors required to use observers 
under paragraphs (c) and (d) of this section must arrange for observer 
services from a permitted observer provider, except that:
    (1) Owners of vessels, shoreside processors, or stationary floating 
processors are required to procure observer services directly from NMFS 
when the agency has determined and notified them under paragraph (e) of 
this section that their vessel, shoreside processor, or stationary 
floating processor will use NMFS staff or an individual authorized by 
NMFS in lieu of an observer provided through a permitted observer 
provider to satisfy requirements under paragraphs (c) and (d) of this 
section or for other conservation and management purposes.
    (2) Owners of vessels, shoreside processors, or stationary floating 
processors are required to procure observer services directly from NMFS 
and a permitted observer provider when NMFS has determined and notified 
them under paragraph (e) of this section, that their vessel, shoreside 
processor, or stationary floating processor will use NMFS staff or 
individuals authorized by NMFS, in addition to an observer provided 
through an observer provider to satisfy requirements under paragraphs 
(c) and (d) of this section or for other conservation and management 
purposes.
    (i) Observer provider permitting and responsibilities--(1) Observer 
provider permits--(i) General. (A) Persons seeking to provide observer 
services under this section must obtain an observer provider permit from 
NMFS.
    (B) New observer providers. An applicant seeking an observer 
provider permit must submit a completed application by fax or mail to 
the Observer Program Office at the address listed in paragraph (e)(3) of 
this section.
    (C) Existing observer providers as of 2002. NMFS-certified providers 
who deployed observers under the North Pacific Groundfish Observer 
Program in 2002 are exempt from the requirement to apply for a permit 
and will be issued an observer provider permit, except that a change in 
ownership of an existing observer provider after January 1, 2003, 
requires a new permit application under paragraph (i)(1)(vi) of this 
section if the change involves a new person. Such observer providers 
must submit to the Observer Program Office within 30 days of receiving 
the observer provider permit issued under this paragraph any changes or 
corrections regarding information required under paragraphs 
(i)(1)(ii)(A) and (i)(1)(ii)(B) of this section.
    (ii) Contents of application. An application for an observer 
provider permit shall consist of a narrative that contains the 
following:
    (A) Identification of the management, organizational structure, and 
ownership structure of the applicant's business, including 
identification by name and general function of all controlling 
management interests in the company, including but not limited to 
owners, board members, officers, authorized agents, and staff. If the 
applicant is a corporation, the articles of incorporation must be 
provided. If the applicant is a partnership, the partnership agreement 
must be provided.
    (B) Contact information--(1) Owner(s) information. The permanent 
mailing address, phone and fax numbers where the owner(s) can be 
contacted for official correspondence.

[[Page 775]]

    (2) Business information. Current physical location, business 
mailing address, business telephone and fax numbers, and business e-mail 
address for each office.
    (3) Authorized agent. For observer providers with ownership based 
outside the United States, identify an authorized agent and provide 
contact information for that agent including mailing address and phone 
and fax numbers where the agent can be contacted for official 
correspondence. An authorized agent 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 or 
employee of an observer provider. Any diplomatic official accepting such 
an appointment as designated agent waives diplomatic or other immunity 
in connection with the process.
    (C) A statement signed under penalty of perjury from each owner, or 
owners, board members, and officers if a corporation, that they are free 
from a conflict of interest as described under paragraph (i)(3) of this 
section.
    (D) A statement signed under penalty of perjury from each owner, or 
owners, board members, and officers if a corporation, describing any 
criminal convictions, Federal contracts they have had and the 
performance rating they received on the contract, and previous 
decertification action while working as an observer or observer 
provider.
    (E) A description of any prior experience the applicant may have in 
placing individuals in remote field and/or marine work environments. 
This includes, but is not limited to, recruiting, hiring, deployment, 
and personnel administration.
    (F) A description of the applicant's ability to carry out the 
responsibilities and duties of an observer provider as set out under 
paragraph (i)(2) of this section, and the arrangements to be used.
    (iii) Application evaluation. (A) The Regional Administrator will 
establish an observer provider permit application review board to review 
and evaluate an application submitted under paragraph (i)(1) of this 
section. The board will be comprised of NMFS staff. Issuance of a permit 
will be based on the completeness of the applicant's application, as 
well as the following evaluation criteria for each owner, or owners, 
board members, and officers if a corporation:
    (1) Absence of conflict of interest as defined under paragraph 
(i)(3) of this section;
    (2) Absence of criminal convictions related to:
    (i) Embezzlement, theft, forgery, bribery, falsification or 
destruction of records, making false statements or receiving stolen 
property, or
    (ii) The commission of any other crimes of dishonesty, as defined by 
Alaska State law or Federal law that would seriously and directly affect 
the fitness of an applicant in providing observer services under this 
section;
    (3) Satisfactory performance ratings on any Federal contracts held 
by the applicant; and
    (4) Absence of any history of decertification as either an observer 
or observer provider;
    (B) The evaluation by the review board will provide a basis for the 
board's initial agency determination (IAD) on whether the application is 
complete and all evaluation criteria are met.
    (iv) Evidentiary period. The observer provider permitting review 
board will specify, by letter via certified return-receipt mail, a 60-
day evidentiary period during which a candidate may provide additional 
information or evidence to support the application, if the application 
is found to be deficient.
    (v) Agency determination on an application--(A) Approval of an 
application. Upon determination by the review board that the application 
is complete and all evaluation criteria are met, an IAD is made to 
approve the application and the observer provider permit application 
review board will issue an observer provider permit to the applicant.
    (B) Denial of an application. An application will be denied if the 
observer provider permit application review board determines that the 
information provided in the application was not complete or all the 
evaluation criteria were not met. The observer provider permit 
application review board will prepare and send a written IAD to the

[[Page 776]]

applicant upon evaluation of a completed application. The IAD will 
identify any deficiencies in the application or any information 
submitted in support of the application. An applicant who receives an 
IAD that denies his or her application may appeal under Sec. 679.43. An 
applicant who appeals the IAD will not be issued an interim observer 
provider permit and will not receive a permit unless the final 
resolution of that appeal is in favor of the applicant.
    (vi) Transferability. An observer provider permit is not 
transferable. An observer provider that experiences a change in 
ownership that involves a new person must submit a new permit 
application and cannot continue to operate until a new permit is issued 
under this paragraph.
    (vii) Expiration of Permit. (A) The observer provider permit will 
expire after a period of 12 continuous months during which no observers 
are deployed by the provider under this section to the North Pacific 
groundfish industry.
    (B) The Regional Administrator will provide a written determination 
to an observer provider if NMFS deployment records indicate that the 
permit has expired. An observer provider who receives a written IAD of 
permit expiration may appeal under Sec. 679.43. A permit holder who 
appeals the IAD will be issued an extension of the expiration date of 
the permit until after the final resolution of that appeal.
    (viii) Sanctions. Procedures governing sanctions of permits are 
found at subpart D of 15 CFR part 904.
    (2) Responsibilities of observer providers. Observer providers must:
    (i) Provide qualified candidates to serve as observers. (A) To be 
qualified, a candidate must have:
    (1) A Bachelor's degree or higher from an accredited college or 
university with a major in one of the natural sciences;
    (2) Successfully completed a minimum of 30 semester hours or 
equivalent in applicable biological sciences with extensive use of 
dichotomous keys in at least one course;
    (3) Successfully completed at least one undergraduate course each in 
math and statistics with a minimum of 5 semester hours total for both; 
and
    (4) Computer skills that enable the candidate to work competently 
with standard database software and computer hardware.
    (B) Prior to hiring an observer candidate, the observer provider 
must:
    (1) Provide to the candidate copies of NMFS-provided pamphlets and 
other literature describing observer duties; and
    (2) Provide to the candidate a copy of the Observer Program's drug 
and alcohol policy. Observer job pamphlets and the drug and alcohol 
policy are available from the Observer Program Office at the address 
listed in paragraph (e)(3) of this section or at the Observer Program's 
web site at http://www.afsc.noaa.gov/refm/observers/default.htm.
    (C) For each observer employed by an observer provider, either a 
written contract or a written contract addendum must exist that is 
signed by the observer and observer provider prior to the observer's 
deployment and that contains the following provisions for continued 
employment:
    (1) That the observer comply with the Observer Program's drug and 
alcohol policy;
    (2) That all the observer's in-season catch messages between the 
observer and NMFS are delivered to the Observer Program Office at least 
every 7 days, unless otherwise specified by the Observer Program;
    (3) That the observer completes in-person mid-deployment data 
reviews, unless:
    (i) The observer is specifically exempted by the Observer Program, 
or
    (ii) The observer does not at any time during their deployment 
travel through a location where Observer Program staff are available for 
an in-person data review and the observer completes a phone or fax mid-
deployment data review as described in the observer manual; and
    (4) The observer inform the observer provider prior to the time of 
embarkation if he or she is experiencing any new mental illness or 
physical ailments or injury since submission of the physician's 
statement as required in paragraph (i)(2)(ix)(C) of this section that 
would prevent him or her from performing their assigned duties;

[[Page 777]]

    (ii) Ensure that observers complete duties in a timely manner: An 
observer provider must ensure that observers employed by that observer 
provider do the following in a complete and timely manner:
    (A) Once an observer is scheduled for a final deployment debriefing 
under paragraph (i)(2)(ix)(E) of this section, submit to NMFS all data, 
reports required by the Observer Manual, and biological samples from the 
observer's deployment by the completion of the electronic vessel and/or 
processor survey(s);
    (B) Complete NMFS electronic vessel and/or processor surveys before 
performing other jobs or duties which are not part of NMFS groundfish 
observer requirements;
    (C) Report for his or her scheduled debriefing and complete all 
debriefing responsibilities; and
    (D) Return all sampling and safety gear to the Observer Program 
Office.
    (iii) Observer vessel and processor assignment. An observer provider 
must assign to vessels or shoreside or floating processors only 
observers:
    (A) With valid North Pacific groundfish observer certifications and 
endorsements to provide observer services;
    (B) Who have not informed the provider prior to the time of 
embarkation that he or she is experiencing a mental illness or a 
physical ailment or injury developed since submission of the physician's 
statement, as required in paragraph (i)(2)(ix)(C) of this section that 
would prevent him or her from performing his or her assigned duties; and
    (C) Who have successfully completed all NMFS required training and 
briefing before deployment.
    (iv) Response to industry requests for observers. An observer 
provider must provide an observer for deployment as requested by vessels 
and processors to fulfill vessel and processor requirements for observer 
coverage under sections (c) and (d) of this section. An alternate 
observer must be supplied in each case where injury or illness prevents 
the observer from performing his or her duties or where the observer 
resigns prior to completion of his or her duties.
    (v) Observer salaries and benefits. An observer provider must 
provide to its observer employees salaries and any other benefits and 
personnel services in accordance with the terms of each observer's 
contract.
    (vi) Observer deployment logistics. (A) An observer provider must 
provide to each of its observers under contract:
    (1) All necessary transportation, including arrangements and 
logistics, of observers to the initial location of deployment, to all 
subsequent vessel and shoreside or stationary floating processor 
assignments during that deployment, and to the debriefing location when 
a deployment ends for any reason; and
    (2) Lodging, per diem, and any other necessary services to observers 
aboard fishing vessels or at the site of shoreside or stationary 
floating processing facilities.
    (B) Except as provided in paragraphs (i)(2)(vi)(C) and (i)(2)(vi)(D) 
of this section, each observer deployed to a shoreside processing 
facility, and each observer between vessel or shoreside assignments 
while still under contract with a certified observer provider company, 
shall be provided with accommodations at a licensed hotel, motel, bed 
and breakfast, or with private land-based accommodations for the 
duration of each shoreside assignment or period between vessel or 
shoreside assignments. Such accommodations must include an individually 
assigned bed for each observer for the duration of that observer's 
shoreside assignment or period between vessel or shoreside assignments, 
such that no other person is assigned to that bed during the same period 
of the observer's shoreside assignment or period between vessel or 
shoreside assignments. Additionally, no more than four beds may be in 
any individual room housing observers at accommodations meeting the 
requirements of this section.
    (C) Observers may be housed on vessels they will be, or currently 
are, assigned to for a period not to exceed 24 hours:
    (1) Prior to their vessel's initial departure from port;
    (2) Following the completion of an offload where the observer has 
duties and is scheduled to disembark; or

[[Page 778]]

    (3) Following the completion of an offload where the observer has 
duties and is scheduled to disembark.
    (D) During all periods an observer is housed on a vessel, the 
observer provider must ensure that the vessel skipper or at least one 
crew member is aboard and that such housing is logistically practical 
for the observer and the vessel personal. Alternative housing 
accommodations must be arranged if the conditions in this paragraph (D) 
are not met or if the observer wants to get off the vessel as soon as it 
docks or if the vessel operator requests the observer to leave upon 
docking.
    (E) Each observer deployed to shoreside processing facilities shall 
be provided with individually assigned communication equipment in 
working order, such as a cell phone or pager for notification of 
upcoming deliveries or other necessary communication. Each observer 
assigned to a shoreside processing facility located more than 1 mile 
from the observer's local accommodations shall be provided with 
motorized transportation that will ensure the observer's arrival at the 
processing facility in a timely manner such that the observer can 
complete his or her assigned duties. Unless alternative arrangements are 
approved by the Observer Program Office:
    (vii) Observer deployment limitations. Unless alternative 
arrangements are approved by the Observer Program Office, an observer 
provider must not:
    (A) Deploy an observer on the same vessel or at the same shoreside 
or stationary floating processor for more than 90 days in a 12-month 
period;
    (B) Deploy an observer for more than 90 days in a single deployment;
    (C) Include in a single deployment of an observer assignments to 
more than four vessels, including groundfish and all other vessels, and/
or shoreside processors; or
    (D) Move an observer from a vessel or floating or shoreside 
processor before that observer has completed his or her sampling or data 
transmission duties.
    (viii) Vessel safety decal verification. An observer provider must 
verify that a vessel has a valid USCG safety decal as required under 
paragraph (g)(1)(ii)(B) of this section before an observer may get 
underway aboard the vessel. One of the following acceptable means of 
verification must be used to verify the decal validity:
    (A) An employee of the observer provider, including the observer, 
visually inspects the decal aboard the vessel and confirms that the 
decal is valid according to the decal date of issuance; or
    (B) The observer provider receives a hard copy of the USCG 
documentation of the decal issuance from the vessel owner or operator.
    (ix) Communications with observers. An observer provider 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 or floating processor facilities, in transit, or in port 
awaiting vessel or processor reassignment.
    (x) Communications with the Observer Program Office. An observer 
provider must provide all of the following information to the Observer 
Program Office by electronic transmission (e-mail), fax, or other method 
specified by NMFS.
    (A) Observer training and briefing. Observer training and briefing 
registration materials. This information must be submitted to the 
Observer Program Office at least 5 business days prior to the beginning 
of a scheduled observer certification training or briefing session. 
Registration materials consist of the following:
    (1) Observer training registration, including:
    (i) Date of requested training;
    (ii) A list of observer candidates. The list must include each 
candidate's full name (i.e., first, middle and last names), date of 
birth, and sex;
    (iii) A copy of each candidate's academic transcripts and resume; 
and
    (iv) A statement signed by the candidate under penalty of perjury 
which discloses the candidate's criminal convictions.
    (2) Observer briefing registration, including:
    (i) Date and type of requested briefing session and briefing 
location; and
    (ii) List of observers to attend the briefing session. Each 
observer's full

[[Page 779]]

name (first, middle, and last names) must be included.
    (B) Projected observer assignments. Prior to the observer or 
observer candidate's completion of the training or briefing session, the 
observer provider must submit to the Observer Program Office a statement 
of projected observer assignments that include the observer's name; 
vessel, shoreside processor, or stationary floating processor 
assignment, gear type, and vessel/processor code; port of embarkation; 
target species; and area of fishing.
    (C) Physical examination. A signed and dated statement from a 
licensed physician that he or she has physically examined an observer or 
observer candidate. The statement must confirm that, based on that 
physical examination, the observer or observer candidate does not have 
any health problems or conditions that would jeopardize that 
individual's safety or the safety of others while deployed, or prevent 
the observer or observer candidate from performing his or her duties 
satisfactorily. The statement must declare that, prior to the 
examination, the physician was made aware of the duties of the observer 
and the dangerous, remote, and rigorous nature of the work by reading 
the NMFS-prepared pamphlet, provided to the candidate by the observer 
provider as specified in paragraph (i)(2)(i)(B)(1) of this section. The 
physician's statement must be submitted to the Observer Program Office 
prior to certification of an observer. The physical exam must have 
occurred during the 12 months prior to the observer's or observer 
candidate's deployment. The physician's statement will expire 12 months 
after the physical exam occurred. A new physical exam must be performed, 
and accompanying statement submitted, prior to any deployment occurring 
after the expiration of the statement.
    (D) Observer deployment/logistics reports. A deployment/logistics 
report must be submitted by Wednesday, 4:30 pm, Pacific local time, of 
each week with regard to each observer deployed by the observer provider 
during that week. The deployment/logistics report must include the 
observer's name, cruise number, current vessel, shoreside processor, or 
stationary floating processor assignment and vessel/processor code, 
embarkation date, and estimated or actual disembarkation dates. If the 
observer is currently not assigned to a vessel, shoreside processor, or 
stationary floating processor, the observer's location must be included 
in the report.
    (E) Observer debriefing registration. The observer provider must 
contact the Observer Program within 5 business days after the completion 
of an observer's deployment to schedule a date, time and location for 
debriefing. Observer debriefing registration information must be 
provided at the time of debriefing scheduling and must include the 
observer's name, cruise number, vessel, or shoreside or stationary 
floating processor assignment name(s) and code(s), and requested 
debriefing date.
    (F) Certificates of Insurance. Copies of ``certificates of 
insurance'', that name the NMFS Observer Program leader as the 
``certificate holder'', shall be submitted to the Observer Program 
Office by February 1 of each year. The certificates of insurance shall 
verify the following coverage provisions and state that the insurance 
company will notify the certificate holder if insurance coverage is 
changed or canceled.
    (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 Worker's Compensation as required.
    (4) Commercial General Liability.
    (G) Copies of observer provider contracts with entities requiring 
observer services and with observers. Observer providers must submit to 
the Observer Program Office a completed and unaltered copy of each type 
of signed and valid contract (including all attachments, appendices, 
addendums, and exhibits incorporated into the contract) between the 
observer provider and those entities requiring observer services under 
paragraphs (c) and (d) of this section. Observer providers must also 
submit to the Observer Program Office upon request, a completed and 
unaltered copy of the current or most

[[Page 780]]

recent signed and valid contract (including all attachments, appendices, 
addendums, and exhibits incorporated into the contract and any 
agreements or policies with regard to observer compensation or salary 
levels) between the observer provider and the particular entity 
identified by the Observer Program or with specific observers. Said 
copies must be submitted to the Observer Program Office via fax or mail 
within 5 business days of the request for the contract at the address or 
fax number listed in paragraph (e)(3) of this section. Signed and valid 
contracts include the contracts an observer provider has with:
    (1) Vessels required to have observer coverage as specified at 
paragraphs (c)(1)(i) and (c)(1)(iv) of this section;
    (2) Vessels required to have observer coverage as specified at 
paragraphs (c)(1)(ii), (c)(1)(v), and (c)(1)(vii) of this section;
    (3) Shoreside processors or stationary floating processors required 
to have observer coverage as specified at paragraph (d)(1) of this 
section;
    (4) Shoreside processors or stationary floating processors required 
to have observer coverage as specified at paragraph (d)(2) of this 
section; and
    (5) Observers.
    (H) Change in observer provider management and contact information. 
Except for changes in ownership addressed under paragraph (i)(1)(vi) of 
this section, an observer provider must submit notification of any other 
change to the information submitted on the provider's permit application 
under paragraphs (i)(1)(ii)(A) through (D) of this section. Within 30 
days of the effective date of such change, this information must be 
submitted by fax or mail to the Observer Program Office at the address 
listed in paragraph (e)(3) of this section. Any information submitted 
under (i)(1)(ii)(C) or (i)(1)(ii)(D) of this section will be subject to 
NMFS review and determinations under (i)(1)(iii) through (viii) of this 
section.
    (I) Reports of the following must be submitted in writing to the 
Observer Program Office by the observer provider via fax or email 
address designated by the Observer Program Office within 24 hours after 
the observer provider becomes aware of the information:
    (1) Any information regarding possible observer harassment;
    (2) Any information regarding any action prohibited under 
Sec. 679.7(g) or Sec. 600.725(o), (t) and (u);
    (3) Any concerns about vessel safety or marine casualty under 46 CFR 
4.05-1 (a)(1) through (7), or processor safety;
    (4) Any observer illness or injury that prevents the observer from 
completing any of his or her duties described in the observer manual; 
and
    (5) Any information, allegations or reports regarding observer 
conflict of interest or breach of the standards of behavior described at 
(h)(2)(i) or (h)(2)(ii) of this section.
    (xi) Replacement of lost or damaged gear. An observer provider must 
replace all lost or damaged gear and equipment issued by NMFS to an 
observer under contract to that provider. All replacements must be in 
accordance with requirements and procedures identified in writing by the 
Observer Program Office.
    (xii) Maintain confidentiality of information. An observer provider 
must ensure that all records on individual observer performance received 
from NMFS under the routine use provision of the Privacy Act remain 
confidential and are not further released to anyone outside the employ 
of the observer provider company to whom the observer was contracted 
except with written permission of the observer.
    (3) Limitations on conflict of interest. Observer providers:
    (i) Must not have a direct financial interest, other than the 
provision of observer services, in a North Pacific fishery managed under 
an FMP for the waters off the coast of Alaska, including, but not 
limited to,
    (A) Any ownership, mortgage holder, or other secured interest in a 
vessel, shoreside or floating stationary processor facility involved in 
the catching, taking, harvesting or processing of fish,
    (B) Any business involved with selling supplies or services to any 
vessel, shoreside or floating stationary processing facility 
participating in a fishery managed pursuant to an FMP in the waters off 
the coast of Alaska, or

[[Page 781]]

    (C) Any business involved with purchasing raw or processed products 
from any vessel, shoreside or floating stationary processing facilities 
participating in a fishery managed pursuant to an FMP in the waters off 
the coast of Alaska.
    (ii) Must assign observers without regard to any preference by 
representatives of vessels, shoreside processors, or floating stationary 
processors other than when an observer will be deployed.
    (iii) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from anyone who conducts fishing or fish processing 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 providers.
    (j) Observer certification and responsibilities--(1) Observer 
Certification--(i) Applicability. Observer certification authorizes an 
individual to fulfill duties as specified in writing by the NMFS 
Observer Program Office while under the employ of a NMFS-permitted 
observer provider and according to certification endorsements as 
designated under paragraph (j)(1)(v) of this section.
    (ii) Observer certification official. The Regional Administrator 
will designate a NMFS observer certification official who will make 
decisions for the Observer Program Office on whether to issue or deny 
observer certification.
    (iii) Certification requirements. (A) Existing Observers. Observers 
who completed sampling activities between June 30, 2001, and December 
31, 2002, and have not had their certification revoked during or after 
that time period, will be considered to have met certification 
requirements under this section. These observers will be issued a new 
certification prior to their first deployment after December 31, 2002, 
unless NMFS determines that the observer has not been deployed, or has 
not performed sampling duties, or has not been debriefed successfully in 
the preceding 18 months.
    (B) New Observers. NMFS will certify individuals who:
    (1) Are employed by a permitted observer provider company at the 
time of the issuance of the certification;
    (2) Have provided, through their observer provider:
    (i) Information identified by NMFS at paragraphs 
(i)(2)(x)(A)(1)(iii) and (iv) of this section and in writing from the 
Observer Program; and
    (ii) Information identified by NMFS at paragraph (i)(2)(x)(C) of 
this section regarding the observer candidate's health and physical 
fitness for the job;
    (3) Meet all education and health standards as specified in 
paragraphs (i)(2)(i)(A) and (i)(2)(x)(C) of this section, respectively;
    (4) Have successfully completed a NMFS-approved training as 
prescribed by the Observer Program.
    (i) Successful completion of training by an observer applicant 
consists of meeting all attendance and conduct standards issued in 
writing at the start of training; meeting all performance standards 
issued in writing at the start of training for assignments, tests, and 
other evaluation tools; and completing all other training requirements 
established by the Observer Program.
    (ii) If a candidate fails training, he or she will be verbally 
notified of the unsatisfactory status of his or her training on or 
before the last day of training. Within 10 business days of the verbal 
notification, the observer candidate will be notified in writing. The 
written notification will indicate why the candidate failed the 
training; whether the candidate can retake the training. If a 
determination is made that the candidate may not pursue further 
training, notification will be in the form of an IAD denying 
certification, as specified under paragraph (j)(1)(iv)(A) of this 
section.
    (5) Have not been decertified under paragraph (j)(3) of this 
section.
    (iv) Agency determinations on observer certification--(A) Denial of 
a certification. The NMFS observer certification official will issue a 
written IAD denying observer certification when the observer 
certification official determines that a candidate has unresolvable 
deficiencies in meeting the requirements for certification as specified 
in paragraph (j)(1)(iii) of this

[[Page 782]]

section. The IAD will identify the reasons certification was denied and 
what requirements were deficient.
    (B) Appeals. A candidate who receives an IAD that denies his or her 
certification may appeal pursuant to Sec. 679.43 of this part. A 
candidate who appeals the IAD will not be issued an interim observer 
certification and will not receive a certification unless the final 
resolution of that appeal is in the candidate's favor.
    (C) Issuance of an observer certification. An observer certification 
will be issued upon determination by the observer certification official 
that the candidate has successfully met all requirements for 
certification as specified in paragraph (j)(1)(iii) of this section.
    (v) Endorsements. The following endorsements must be obtained, in 
addition to observer certification, in order for an observer to deploy 
as indicated.
    (A) Certification training endorsement. A certification training 
endorsement signifies the successful completion of the training course 
required to obtain this endorsement. A certification training 
endorsement is required for any deployment as an observer in the Bering 
Sea and Aleutian Islands groundfish fisheries and the Gulf of Alaska 
groundfish fisheries and will be granted with the initial issuance of an 
observer certification. This endorsement expires when the observer has 
not been deployed and performed sampling duties as required by the 
Observer Program Office for a period of time, specified by the Observer 
Program, after his or her most recent debriefing. Renewal can be 
obtained by the observer successfully completing certification training 
once more. Observers will be notified of any changes to the endorsement 
expiration period prior to that change taking place. Observers who have 
been issued certificates under paragraph (j)(1)(iii)(A) of this section 
will be issued a new certification training endorsement upon issuance of 
their observer certification prior to their first deployment after 
December 31, 2002.
    (B) Annual general endorsements. Each observer must obtain an annual 
general endorsement to their certification prior to his or her first 
deployment within any calendar year subsequent to a year in which a 
certification training endorsement is obtained. To obtain an annual 
general endorsement, an observer must successfully complete the annual 
briefing, as specified by the Observer Program. All briefing attendance, 
performance, and conduct standards required by the Observer Program must 
be met.
    (C) Deployment endorsements. Each observer who has completed an 
initial deployment after certification or annual briefing must receive a 
deployment endorsement to their certification prior to any subsequent 
deployments for the remainder of that year. An observer may obtain a 
deployment endorsement by successfully completing all pre-cruise 
briefing requirements. The type of briefing the observer must attend and 
successfully complete will be specified in writing by the Observer 
Program during the observer's most recent debriefing.
    (D) Level 2 endorsements. A certified observer may obtain a Level 2 
endorsement to their certification. A Level 2 endorsement is required 
for purposes of performing observer duties aboard vessels or stationary 
floating processors or at shoreside processors participating in the CDQ 
or AFA fisheries as prescribed in paragraphs (c) and (d) of this 
section. A Level 2 endorsement to an observer's certification may be 
obtained by meeting 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 an evaluation by NMFS for his or her most recent 
deployment that indicated that the observer's performance met Observer 
Program expectations for that deployment;
    (3) Successfully complete a NMFS-approved Level 2 observer training 
as prescribed by the Observer Program; and
    (4) Comply with all of the other requirements of this section.
    (E) An observer who has achieved a Level 2 endorsement to their 
observer certification as specified in paragraph

[[Page 783]]

(j)(1)(v) (D) of this section may additionally receive a Level 2 
``lead'' observer endorsement by meeting the following requirements:
    (1) A Level 2 ``lead'' 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 on a mothership.
    (2) A Level 2 ``lead'' 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 Level 2 ``lead'' 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.
    (vi) Expiration of a certification. The observer certification will 
expire on December 31, 2007.
    (2) Standards of observer conduct--(i) Limitations on conflict of 
interest. (A) Observers:
    (1) Must not have a direct financial interest, other than the 
provision of observer services, in a North Pacific fishery managed 
pursuant to an FMP for the waters off the coast of Alaska, including, 
but not limited to,
    (i) Any ownership, mortgage holder, or other secured interest in a 
vessel, shoreside or floating stationary processor facility involved in 
the catching, taking, harvesting or processing of fish,
    (ii) Any business involved with selling supplies or services to any 
vessel, shoreside or floating stationary processing facility 
participating in a fishery managed pursuant to an FMP in the waters off 
the coast of Alaska, or
    (iii) Any business involved with purchasing raw or processed 
products from any vessel, shoreside or floating stationary processing 
facilities participating in a fishery managed pursuant to an FMP in the 
waters off the coast of Alaska.
    (2) May not solicit or accept, directly or indirectly, any gratuity, 
gift, favor, entertainment, loan, or anything of monetary value from 
anyone who either conducts activities that are regulated by NMFS or 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 or 
floating stationary processing 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, shoreside processor, or stationary floating 
processor in a North Pacific fishery while employed by an observer 
provider.
    (B) Provisions for remuneration of observers under this section do 
not constitute a conflict of interest.
    (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 perform their assigned duties as described in the 
Observer Manual or other written instructions from the Observer Program 
Office.
    (B) Observers must accurately record their sampling data, write 
complete reports, and report accurately any observations of suspected 
violations of regulations relevant to conservation of marine resources 
or their environment.
    (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) Violating the drug and alcohol policy established by and 
available from the Observer Program;
    (2) Engaging in the use, possession, or distribution of illegal 
drugs; or
    (3) Engaging in physical sexual contact with personnel of the vessel 
or processing facility to which the observer is assigned, or with any 
vessel or processing plant personnel who may be

[[Page 784]]

substantially affected by the performance or non-performance of the 
observer's official duties.
    (3) Suspension and Decertification--(i) Suspension and 
decertification review official. The Regional Administrator will 
establish an observer suspension and decertification review official(s), 
who will have the authority to review observer certifications and issue 
initial administrative determinations of observer certification 
suspension and/or decertification.
    (ii) Causes for suspension or decertification. The suspension/
decertification official may initiate suspension or decertification 
proceedings against an observer:
    (A) When it is alleged that the observer has committed any acts or 
omissions of any of the following:
    (1) Failed to satisfactorily perform the duties of observers as 
specified in writing by the NMFS Observer Program; or
    (2) Failed to abide by the standards of conduct for observers as 
prescribed under paragraph (j)(2) of this section;
    (B) Upon conviction of a crime or upon entry of a civil judgement 
for:
    (1) Commission of fraud or other violation in connection with 
obtaining or attempting to obtain certification, or in performing the 
duties as specified in writing by the NMFS Observer Program;
    (2) Commission of embezzlement, theft, forgery, bribery, 
falsification or destruction of records, making false statements, or 
receiving stolen property;
    (3) Commission of any other offense indicating a lack of integrity 
or honesty that seriously and directly affects the fitness of observers.
    (iii) Issuance of initial administrative determination. Upon 
determination that suspension or decertification is warranted under 
paragraph (j)(3)(ii) of this section, the suspension/decertification 
official will issue a written IAD to the observer via certified mail at 
the observer's most current address provided to NMFS under 
Sec. 679.43(e). The IAD will identify whether a certification is 
suspended or revoked and will identify the specific reasons for the 
action taken. If the IAD issues a suspension for an observer 
certification, the terms of the suspension will be specified. Suspension 
or decertification can be made effective upon issuance of the IAD in 
cases of willfulness or those cases in which public health, interest, or 
safety require such actions. In such cases, the suspension/
decertification official will state in the IAD that suspension or 
decertification is effective at time of issuance and the reason for the 
action.
    (iv) Appeals. A certified observer who receives an IAD that suspends 
or revokes his or her observer certification may appeal pursuant to 
Sec. 679.43.
    (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 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.

[[Page 785]]

    (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; 65 FR 69485, Nov. 17, 2000; 65 FR 80383, Dec. 21, 2000; 67 FR 
4148, Jan. 28, 2002; 67 FR 72611, Dec. 6, 2002; 68 FR 215, Jan. 2, 2003; 
68 FR 719, Jan. 7, 2003; 68 FR 15970, Apr. 2, 2003; 68 FR 37096, June 
23, 2003; 68 FR 49374, Aug. 18, 2003]

    Effective Date Note: At 67 FR 79733, Dec. 30, 2002, Sec. 679.50 was 
amended by revising the section heading and paragraph (c)(4)(i), 
removing paragraph (c)(6), and adding paragraphs (c)(5) and (d)(5), 
effective Jan. 29, 2003, through Dec. 31, 2007.



          Subpart F--American Fisheries Act Management Measures

    Source: 67 FR 79734, Dec. 30, 2002, unless otherwise noted.

    Effective Date Note: At 67 FR 79734, Dec. 30, 2002, Subpart F was 
added, effective Jan. 29, 2003, through Dec. 31, 2007.
    Sections 679.61(b) and 679.63(c)(2) contain information collection 
requirements and will not become effective until approved by the Office 
of Management and Budget.



Sec. 679.60  Authority and related regulations.

    Regulations under this subpart were developed by the National Marine 
Fisheries Service and the North Pacific Fishery Management Council to 
implement the American Fisheries Act (AFA) [Div. C, Title II, Subtitle 
II, Public Law 105-277, 112 Stat. 2681 (1998)]. Additional regulations 
in this part that implement specific provisions of the AFA are set out 
at Secs. 679.2 Definitions, 679.4 Permits, 679.5 Recordkeeping and 
reporting, 679.7 Prohibitions, 679.20 General limitations, 679.21 
Prohibited species bycatch management, 679.28 Equipment and operational 
requirements for Catch Weight Measurement, 679.31 CDQ reserves, and 
679.50 Groundfish observer program. Regulations developed by the 
Department of Transportation to implement provisions of the AFA are 
found at 50 CFR part 356.



Sec. 679.61  Formation and operation of fishery cooperatives.

    (a) Who is liable for violations by a fishery cooperative and 
cooperative members? A fishery cooperative must comply with the 
provisions of this section. The owners and operators of vessels that are 
members of a fishery cooperative, including vessels under contract to a 
cooperative, are responsible for ensuring that the fishery cooperative 
complies with the directed fishing, sideboard closures, PSC limits and 
other allocations and restrictions that are applicable to the fishery 
cooperative. The owners and operators of vessels that are members of a 
fishery cooperative, including vessels under contract to a cooperative, 
are responsible for ensuring that all fishery cooperative members comply 
with the directed fishing, sideboard closures, PSC limits and other 
allocations and restrictions that are applicable to the fishery 
cooperative.

[[Page 786]]

    (b) Who must comply this section? Any fishery cooperative formed 
under section 1 of the Fisherman's Collective Marketing Act 1934 (15 
U.S.C. 521) for the purpose of cooperatively managing directed fishing 
for BSAI pollock must comply with the provisions of this section. The 
owners and operators of all the member vessels that are signatories to a 
fishery cooperative are jointly and severally responsible for compliance 
with the requirements of this section.
    (c) Designated representative and agent for service of process. Each 
cooperative must appoint a designated representative and agent for 
service of process and must ensure that the cooperative's designated 
representative and agent for service of process comply with the 
regulations in this part.
    (1) What is a designated representative? Any cooperative formed 
under this section must appoint a designated representative to fulfill 
regulatory requirements on behalf of the cooperative including, but not 
limited to, filing of cooperative contracts, filing of annual reports, 
and in the case of inshore sector catcher vessel cooperatives, signing 
cooperative fishing permit applications and completing and submitting 
inshore catcher vessel pollock cooperative catch reports. The designated 
representative is the primary contact person for NMFS on issues relating 
to the operation of the cooperative.
    (2) What is an agent for service of process? Any cooperative formed 
under this section must appoint an agent who is authorized to receive 
and respond to any legal process issued in the United States with 
respect to all owners and operators of vessels that are members of the 
cooperative. The cooperative must provide the Regional Administrator 
with the name, address and telephone number of the appointed agent. 
Service on or notice to the cooperative's appointed agent constitutes 
service on or notice to all members of the cooperative.
    (3) What is the term of service and process for replacing the agent 
for service of process? The agent for service of process must be capable 
of accepting service on behalf of the cooperative until December 31 of 
the year 5 years after the calendar year for which the fishery 
cooperative has filed its intent to operate. The owners and operators of 
all member vessels of a cooperative are responsible for ensuring that a 
substitute agent is designated and the Agency is notified of the name, 
address and telephone number of the substitute agent in the event the 
previously designated agent is no longer capable of accepting service on 
behalf of the cooperative or the cooperative members within that 5-year 
period.
    (d) Annual filing requirements. You must file on an annual basis, 
with the Council and NMFS, a signed copy of your fishery cooperative 
contract, and any material modifications to any such contract, together 
with a copy of a letter from a party to the contract requesting a 
business review letter on the fishery cooperative from the Department of 
Justice and any response to such request. The Council and NMFS will make 
this information available to the public upon request.
    (1) Must multi-year contracts be re-filed annually? If your 
cooperative contract was previously filed with NMFS and the Council 
under paragraph (c) of this section, then you may submit a renewal 
letter to NMFS and the Council by the filing deadline in lieu of the 
cooperative contract and business review letter. The renewal letter must 
provide notice that the previously filed cooperative contract will 
remain in effect for the subsequent fishing year. The renewal letter 
also must detail any material modifications to the cooperative contract 
that have been made since the last filing including, but not limited to, 
any changes in cooperative membership.
    (2) Where must contracts or renewal letters be filed? You must send 
a signed copy of your cooperative contract or renewal letter and the 
required supporting materials to the North Pacific Fishery Management 
Council, 605 West 4th Ave, Suite 306, Anchorage, AK 99501; and to the 
NMFS Alaska Region. The mailing address for the NMFS Alaska Region is 
P.O. Box 21668, Juneau, AK 99802. The street address for delivery by 
private courier is 709 West 9th St., Suite 401, Juneau, AK 99801.

[[Page 787]]

    (3) What is the deadline for filing? The contract or renewal letter 
and supporting materials must be received by NMFS and by the Council at 
least 30 days prior to the start of any fishing activity conducted under 
the terms of the contract. In addition, an inshore cooperative that is 
also applying for an allocation of BSAI pollock under Sec. 679.62 must 
file its contract, any amendments hereto, and supporting materials no 
later than December 1 of the year prior to the year in which fishing 
under the contract will occur.
    (e) What are the required elements in a cooperative contract? (1) 
Requirements for all fishery cooperatives. Any cooperative contract 
filed under paragraph (c) of this section must:
    (i) List parties to the contract.
    (ii) List all vessels and processors that will harvest and process 
pollock harvested under the cooperative.
    (iii) Specify the amount or percentage of pollock allocated to each 
party to the contract.
    (iv) Specify a designated representative and agent for service of 
process.
    (v) Include a contract clause under which the parties to the 
contract agree to make payments to the State of Alaska for any pollock 
harvested in the directed pollock fishery that are not landed in the 
State of Alaska, in amounts which would otherwise accrue had the pollock 
been landed in the State of Alaska subject to any landing taxes 
established under Alaska law. Failure to include such a contract clause 
or for such amounts to be paid will result in a revocation of the 
authority to form fishery cooperatives under section 1 of the Act of 
June 25, 1934 (15 U.S.C. 521 et seq.).
    (2) Additional required elements in all fishery cooperatives that 
include AFA catcher vessels. A cooperative contract that includes 
catcher vessels must include adequate provisions to prevent each non-
exempt member catcher vessel from exceeding an individual vessel 
sideboard limit for each BSAI or GOA sideboard species or species group 
that is issued to the vessel by the cooperative in accordance with the 
following formula:
    (i) The aggregate individual vessel sideboard limits issued to all 
member vessels in a cooperative must not exceed the aggregate 
contributions of each member vessel towards the overall groundfish 
sideboard amount as calculated by NMFS under Sec. 679.64(b) and as 
announced to the cooperative by the Regional Administrator, or
    (ii) In the case of two or more cooperatives that have entered into 
an inter-cooperative agreement, the aggregate individual vessel 
sideboard limits issued to all member vessels subject to the inter-
cooperative agreement must not exceed the aggregate contributions of 
each member vessel towards the overall groundfish sideboard amount as 
calculated by NMFS under Sec. 679.64(b) and as announced by the Regional 
Administrator.
    (f) Annual reporting requirement. Any fishery cooperative governed 
by this section must submit preliminary and final annual written reports 
on fishing activity to the North Pacific Fishery Management Council, 605 
West 4th Ave, Suite 306, Anchorage, AK 99501. The Council will make 
copies of each report available to the public upon request.
    (1) What are the submission deadlines? You must submit the 
preliminary report by December 1 of each year. You must submit the final 
report by February 1 of the following year. Annual reports must be 
postmarked by the submission deadline or received by a private courier 
service by the submission deadline.
    (2) What information must be included? The preliminary and final 
written reports must contain, at a minimum:
    (i) The cooperative's allocated catch of pollock and sideboard 
species, and any sub-allocations of pollock and sideboard species made 
by the cooperative to individual vessels on a vessel-by-vessel basis;
    (ii) The cooperative's actual retained and discarded catch of 
pollock, sideboard species, and PSC on an area-by-area and vessel-by-
vessel basis;
    (iii) A description of the method used by the cooperative to monitor 
fisheries in which cooperative vessels participated;
    (iv) A description of any actions taken by the cooperative in 
response to any vessels that exceed their allowed catch and bycatch in 
pollock and all sideboard fisheries; and

[[Page 788]]

    (v) The total weight of pollock landed outside the State of Alaska 
on a vessel-by-vessel basis.
    (3) What is the required format? You must submit at least one copy 
of each annual report ready for duplication on unbound single-sided 8.5- 
by 11-inch paper, or in an alternative format approved in advance by the 
Council.
    (g) Landing tax payment deadline. You must pay any landing tax owed 
to the State of Alaska under subsection 210(f) of the AFA and paragraph 
(d)(1)(v) of this section before April 1 of the following year, or the 
last day of the month following the date of publication of statewide 
average prices by the Alaska State Department of Revenue, whichever is 
later. All members of the cooperative are prohibited from harvesting 
pollock in the BSAI directed pollock fishery after the payment deadline 
if any member vessel has failed to pay all required landing taxes from 
any landings made outside the State of Alaska by the landing deadline. 
Members of the cooperative may resume directed fishing for pollock once 
all overdue landing taxes are paid.

[67 FR 79734, Dec. 30, 2002, as amended at 68 FR 6836, Feb. 11, 2003]



Sec. 679.62  Inshore sector cooperative allocation program.

    (a) How will inshore sector cooperative allocations be made? An 
inshore catcher vessel cooperative that applies for and receives an AFA 
inshore cooperative fishing permit under Sec. 679.4(l)(6) will receive a 
sub-allocation of the annual Bering Sea subarea inshore sector directed 
fishing allowance. If the Aleutian Islands Subarea is open to directed 
fishing for pollock then the cooperative also will receive a sub-
allocation of the annual Aleutian Islands Subarea inshore sector 
directed fishing allowance. Each inshore cooperative's annual allocation 
amount(s) will be determined using the following procedure:
    (1) Determination of individual vessel catch histories. The Regional 
Administrator will calculate an official AFA inshore cooperative catch 
history for every inshore-sector endorsed AFA catcher vessel according 
to the following steps:
    (i) Determination of annual landings. For each year from 1995 
through 1997 the Regional Administrator will determine each vessel's 
total non-CDQ inshore pollock landings from the Bering Sea Subarea and 
Aleutian Islands Subarea separately, except for the F/V PROVIDIAN (USCG 
documentation number 1062183).
    (ii) Determination of annual landings for the F/V PROVIDIAN. For the 
F/V PROVIDIAN, pursuant to Public Law 106-562, the Regional 
Administrator will substitute the 1992 through 1994 total Bering Sea 
subarea and Aleutian Islands subarea pollock non-CDQ inshore landings 
made by the F/V OCEAN SPRAY (USCG documentation number 517100 for the 
purpose of determining annual cooperative quota share percentage.
    (iii) Offshore compensation. If a catcher vessel made a total of 500 
or more mt of landings of non-CDQ Bering Sea Subarea pollock or Aleutian 
Islands Subarea pollock to catcher/processors or offshore motherships 
other than the EXCELLENCE (USCG documentation number 967502); GOLDEN 
ALASKA (USCG documentation number 651041); or OCEAN PHOENIX (USCG 
documentation number 296779) over the 3-year period from 1995 through 
1997, then all non-CDQ offshore pollock landings made by that vessel 
during from 1995 through 1997 will be added to the vessel's inshore 
catch history by year and subarea.
    (iv) Best two out of three years. After steps (a)(1)(i) and (ii) of 
this section are completed, the 2 years with the highest landings will 
be selected for each subarea and added together to generate the vessel's 
official AFA inshore cooperative catch history for each subarea. A 
vessel's best 2 years may be different for the Bering Sea subarea and 
the Aleutian Islands Subarea.
    (2) Conversion of individual vessel catch histories to annual 
cooperative quota share percentages. Each inshore pollock cooperative 
that applies for and receives an AFA inshore pollock cooperative fishing 
permit will receive an annual quota share percentage of pollock for each 
subarea of the BSAI that is equal to the sum of each member vessel's 
official AFA inshore cooperative catch history for that subarea divided

[[Page 789]]

by the sum of the official AFA inshore cooperative catch histories of 
all inshore-sector endorsed AFA catcher vessels. The cooperative's quota 
share percentage will be listed on the cooperative's AFA pollock 
cooperative permit.
    (3) Conversion of quota share percentage to TAC allocations. Each 
inshore pollock cooperative that receives a quota share percentage for a 
fishing year will receive an annual allocation of Bering Sea and/or 
Aleutian Islands pollock that is equal to the cooperative's quota share 
percentage for that subarea multiplied by the annual inshore pollock 
allocation for that subarea. Each cooperative's annual pollock TAC 
allocation may be published in the interim, and final BSAI TAC 
specifications notices.
    (b) What are the restrictions on fishing under a cooperative fishing 
permit? A cooperative that receives a cooperative fishing permit under 
Sec. 679.4(l)(6) must comply with all of the fishing restrictions set 
out in this subpart. The owners and operators of all the member vessels 
that are named on an inshore cooperative fishing permit and the owners 
and operators of any vessels under contract to the cooperative under 
paragraph (c) of this section are jointly and severally responsible for 
compliance with all of the requirements of a cooperative fishing permit 
pursuant to Sec. 679.4(l)(6).
    (1) What vessels are eligible to fish under an inshore cooperative 
fishing permit? Only catcher vessels listed on a cooperative's AFA 
inshore cooperative fishing permit or vessels under contract to the 
cooperative under paragraph (c) of this section are permitted to harvest 
any portion of an inshore cooperative's annual pollock allocation.
    (2) What harvests accrue against an inshore cooperative's annual 
pollock allocation? The following catches will accrue against a 
cooperative's annual pollock allocation regardless of whether the 
pollock was retained or discarded:
    (i) Member vessels. All pollock caught by a member vessel while 
engaged in directed fishing for pollock in the BSAI by a member vessel 
unless the vessel is under contract to another cooperative and the 
pollock is assigned to another cooperative.
    (ii) Contract vessels. All pollock contracted for harvest and caught 
by a vessel under contract to the cooperative under paragraph (c) of 
this section while the vessel was engaged in directed fishing for 
pollock in the BSAI.
    (3) How must cooperative harvests be reported to NMFS? Each inshore 
pollock cooperative must report its BSAI pollock harvest to NMFS on a 
weekly basis according to the recordkeeping and reporting requirements 
set out at Sec. 679.5(o).
    (c) Contract fishing by non-member vessels. A cooperative that 
wishes to contract with a non-member vessel to harvest a portion of the 
cooperative's annual pollock allocation must comply with the following 
procedures.
    (1) How does a cooperative contract with a non-member vessel? A 
cooperative that wishes to contract with a non-member vessel must submit 
a completed contract fishing application to the Alaska Region, NMFS, in 
accordance with the contract fishing application instructions.
    (2) What information must be included on a contract fishing 
application? The following information must be included on a contract 
fishing application:
    (i) Co-op name(s). The names of the cooperative or cooperatives that 
wish to contract with a non-member vessel.
    (ii) Designated representative(s). The names and signatures of the 
designated representatives for the cooperatives that wish to contract 
with a non-member vessel and the vessel's home cooperative.
    (iii) Vessel name. The name and AFA permit number of the contracted 
vessel.
    (iv) Vessel owner. The name and signature of the owner of the 
contracted vessel.
    (v) Harvest schedule. A completed harvest schedule showing how all 
catch and any overages by the contracted vessel will be allocated 
between the contracting cooperative (or cooperatives) and the contract 
vessel's home cooperative. In the event that multiple cooperatives are 
jointly contracting with a non-member vessel, the harvest schedule must 
clearly specify how all

[[Page 790]]

catch and any overages will be allocated among the various cooperatives.
    (3) What vessels are eligible to conduct contract fishing on behalf 
of an inshore cooperative? Only AFA catcher vessels with an inshore 
fishing endorsement that are members of an inshore cooperative may 
conduct contract fishing on behalf of another inshore cooperative.
    (4) Who must be informed? A cooperative that has contracted with a 
non-member vessel to harvest a portion of its inshore pollock allocation 
must inform any AFA inshore processors to whom the vessel will deliver 
pollock while under contract to the cooperative prior to the start of 
fishing under the contract.
    (5) How must contract fishing be reported to NMFS? An AFA inshore 
processor that receives pollock harvested by a vessel under contract to 
a cooperative must report the delivery to NMFS on the electronic 
delivery report by using the co-op code for the contracting cooperative 
rather than the co-op code of the vessel's home cooperative.

[67 FR 79734, Dec. 30, 2002, as amended at 68 FR 6836, Feb. 11, 2003]



Sec. 679.63  Catch weighing requirements for vessels and processors.

    (a) What are the requirements for listed AFA catcher/processors and 
AFA motherships? (1) Catch weighing. All groundfish landed by listed AFA 
catcher/processors or received by AFA motherships must be weighed on a 
NMFS-certified scale and made available for sampling by a NMFS certified 
observer. The owner and operator of a listed AFA catcher/processor or an 
AFA mothership must ensure that the vessel is in compliance with the 
scale requirements described at Sec. 679.28(b), that each groundfish 
haul is weighed separately, and that no sorting of catch takes place 
prior to weighing.
    (2) Observer sampling station. The owner and operator of a listed 
AFA catcher/processor or AFA mothership must provide an observer 
sampling station as described at Sec. 679.28(d) and must ensure that the 
vessel operator complies with the observer sampling station requirements 
described at Sec. 679.28(d) at all times that the vessel harvests 
groundfish or receives deliveries of groundfish harvested in the BSAI or 
GOA.
    (b) What are the requirements for unlisted AFA catcher/processors? 
The owner or operator of an unlisted AFA catcher/processor must comply 
with the catch weighing and observer sampling station requirements set 
out in paragraph (a) of this section at all times the vessel is engaged 
in directed fishing for pollock in the BSAI.
    (c) What are the requirements for AFA inshore processors? (1) Catch 
weighing. All groundfish landed by AFA catcher vessels engaged in 
directed fishing for pollock in the BSAI must be sorted and weighed on a 
scale approved by the State of Alaska as described in Sec. 679.28(c), 
and be made available for sampling by a NMFS certified observer. The 
observer must be allowed to test any scale used to weigh groundfish in 
order to determine its accuracy.
    (2) The plant manager or plant liaison must notify the observer of 
the offloading schedule for each delivery of BSAI pollock by an AFA 
catcher vessel at least 1 hour prior to offloading. An observer must 
monitor each delivery of BSAI pollock from an AFA catcher vessel and be 
on site the entire time the delivery is being weighed or sorted.



Sec. 679.64  Harvesting sideboards limits in other fisheries.

    (a) Harvesting sideboards for listed AFA catcher/processors. The 
Regional Administrator will restrict the ability of listed AFA catcher/
processors to engage in directed fishing for non-pollock groundfish 
species to protect participants in other groundfish fisheries from 
adverse effects resulting from the AFA and from fishery cooperatives in 
the directed pollock fishery.
    (1) How will groundfish sideboard limits for AFA listed catcher/
processors be calculated? (i) For each groundfish species or species 
group in which a TAC is specified for an area or subarea of the BSAI, 
the Regional Administrator will establish annual AFA catcher/processor 
harvest limits as follows:
    (ii) Pacific cod. The Pacific cod harvest limit will be equal to the 
1997 aggregate retained catch of Pacific cod by catcher/processors 
listed in paragraphs 208(e)(1) through (20) and 209 of the AFA in non-
pollock target fisheries

[[Page 791]]

divided by the amount of Pacific cod caught by trawl catcher/processors 
in 1997 multiplied by the Pacific cod TAC available for harvest by trawl 
catcher/processors in the year in which the harvest limit will be in 
effect.
    (2) Aleutian Islands Pacific ocean perch. (i) The Aleutian Islands 
Pacific ocean perch harvest limit will be equal to the 1996 through 1997 
aggregate retained catch of Aleutian Islands Pacific ocean perch by 
catcher/processors listed in paragraphs 208(e)(1) through (20) and 209 
of the AFA in non-pollock target fisheries divided by the sum of the 
Aleutian Islands Pacific ocean perch catch in 1996 and 1997 multiplied 
by the Aleutian Islands Pacific ocean perch TAC available for harvest in 
the year in which the harvest limit will be in effect.
    (ii) If the amount of Pacific ocean perch calculated under paragraph 
(a)(1)(ii)(A) of this section is determined by the Regional 
Administrator to be insufficient to meet bycatch needs of AFA catcher/
processors in other directed fisheries for groundfish, the Regional 
Administrator will prohibit directed fishing for Aleutian Islands 
Pacific ocean perch by AFA catcher processors and establish the 
sideboard amount equal to the amount of Aleutian Islands Pacific ocean 
perch caught by AFA catcher processors incidental to directed fishing 
for other groundfish species.
    (3) Atka mackerel. The Atka mackerel harvest limit for each area and 
season will be equal to:
    (i) Bering Sea subarea and Eastern Aleutian Islands, zero;
    (ii) Central Aleutian Islands, 11.5 percent of the annual TAC 
specified for Atka mackerel; and
    (iii) Western Aleutian Islands, 20 percent of the annual TAC 
specified for Atka mackerel.
    (4) Remaining groundfish species. (i) Except as provided for in 
paragraphs (a)(1)(i) through (a)(1)(iii) of this section, the harvest 
limit for each BSAI groundfish species or species group will be equal to 
the 1995 through 1997 aggregate retained catch of that species by 
catcher/processors listed in paragraphs 208(e)(1) through (20) and 
section 209 of the AFA in non-pollock target fisheries divided by the 
sum of the catch of that species in 1995 through 1997 multiplied by the 
TAC of that species available for harvest by catcher/processors in the 
year in which the harvest limit will be in effect.
    (ii) If the amount of a species calculated under paragraph 
(a)(1)(iv) of this section is determined by the Regional Administrator 
to be insufficient to meet bycatch needs for AFA catcher/processors in 
other directed fisheries for groundfish, the Regional Administrator will 
prohibit directed fishing for that species by AFA catcher processors and 
establish the sideboard amount equal to the amount of that species 
caught by AFA catcher processors incidental to directed fishing for 
other groundfish species.
    (5) How will halibut and crab PSC sideboard limits be calculated? 
For each halibut or crab PSC limit specified for catcher/processors in 
the BSAI, the Regional Administrator will establish an annual listed AFA 
catcher/processor PSC limit equal to the estimated aggregate 1995 
through 1997 PSC bycatch of that species by catcher/processors listed in 
paragraphs 208(e)(1) through (20) and 209 of the AFA while engaged in 
directed fishing for species other than pollock divided by the aggregate 
PSC bycatch limit of that species for catcher/processors from 1995 
through 1997 multiplied by the PSC limit of that species available to 
catcher/processors in the year in which the harvest limit will be in 
effect.
    (6) How will AFA catcher/processor sideboard limits be managed? The 
Regional Administrator will manage groundfish harvest limits and PSC 
bycatch limits for AFA catcher/processors through directed fishing 
closures in non-pollock groundfish fisheries in accordance with the 
procedures set out in Secs. 679.20(d)(1)(iv), and 679.21(e)(3)(v).
    (b) Harvesting sideboards for AFA catcher vessels. The Regional 
Administrator will restrict the ability of AFA catcher vessels to engage 
in directed fishing for other groundfish species to protect participants 
in other groundfish fisheries from adverse effects resulting from the 
AFA and from fishery cooperatives in the directed pollock fishery.
    (1) To whom do the catcher vessel sideboard limits apply? Catcher 
vessel

[[Page 792]]

harvest limits and PSC bycatch limits apply to all AFA catcher vessels 
participating in all GOA groundfish fisheries and all non-pollock 
groundfish fisheries in the BSAI except vessels qualifying for sideboard 
exemptions in the specific fisheries identified in paragraph (b)(2) of 
this section.
    (2) Who is exempt from catcher vessel sideboards? (i) BSAI Pacific 
cod sideboard exemptions--(A) AFA catcher vessels less than 125 ft (38.1 
m) LOA that are determined by the Regional Administrator to have 
harvested a combined total of less than 5,100 mt of BSAI pollock, and to 
have made 30 or more legal landings of Pacific cod in the BSAI directed 
fishery for Pacific cod from 1995 through 1997 are exempt from sideboard 
closures for BSAI Pacific cod.
    (B) AFA catcher vessels with mothership endorsements are exempt from 
BSAI Pacific cod catcher vessel sideboard directed fishing closures 
after March 1 of each fishing year.
    (ii) GOA groundfish sideboard exemptions. AFA catcher vessels less 
than 125 ft (38.1 m) LOA that are determined by the Regional 
Administrator to have harvested less than 5,100 mt of BSAI pollock and 
to have made 40 or more landings of GOA groundfish from 1995 through 
1997 are exempt from GOA groundfish catcher vessel sideboard directed 
fishing closures.
    (3) How will groundfish sideboard limits be calculated? For each 
groundfish species or species group in which a TAC is specified for an 
area or subarea of the GOA and BSAI; the Regional Administrator will 
establish annual AFA catcher vessel groundfish harvest limits as 
follows:
    (i) BSAI groundfish other than Pacific cod. The AFA catcher vessel 
groundfish harvest limit for each BSAI groundfish species or species 
group other than BSAI Pacific cod will be equal to the aggregate 
retained catch of that groundfish species or species group from 1995 
through 1997 by all AFA catcher vessels; divided by the sum of the TACs 
available to catcher vessels for that species or species group from 1995 
through 1997; multiplied by the TAC available to catcher vessels in the 
year or season in which the harvest limit will be in effect.
    (ii) BSAI Pacific cod. The AFA catcher vessel groundfish harvest 
limit for BSAI Pacific cod will be equal to the retained catch of BSAI 
Pacific cod in 1997 by AFA catcher vessels not exempted under paragraph 
(b)(2)(i)(A) of this section divided by the BSAI Pacific cod TAC 
available to catcher vessels in 1997; multiplied by the BSAI Pacific cod 
TAC available to catcher vessels in the year or season in which the 
harvest limit will be in effect.
    (iii) GOA groundfish. The AFA catcher vessel groundfish harvest 
limit for each GOA groundfish species or species group will be equal to 
the aggregate retained catch of that groundfish species or species group 
from 1995 through 1997 by AFA catcher vessels not exempted under 
paragraph (b)(2)(ii) of this section; divided by the sum of the TACs of 
that species or species group available to catcher vessels from 1995 
through 1997; multiplied by the TAC available to catcher vessels in the 
year or season in which the harvest limit will be in effect.
    (4) How will PSC bycatch limits be calculated? The AFA catcher 
vessel PSC bycatch limit for halibut in the BSAI and GOA, and each crab 
species in the BSAI for which a trawl bycatch limit has been established 
will be a portion of the PSC limit equal to the ratio of aggregate 
retained groundfish catch by AFA catcher vessels in each PSC target 
category from 1995 through 1997 relative to the retained catch of all 
vessels in that fishery from 1995 through 1997.
    (5) How will catcher vessel sideboard limits be managed? The 
Regional Administrator will manage groundfish harvest limits and PSC 
bycatch limits for AFA catcher vessels using directed fishing closures 
according to the procedures set out at Secs. 679.20(d)(1)(iv) and 
679.21(d)(8) and (e)(3)(v).



Sec. 679.65  Crab processing sideboard limits.

    (a) What is the purpose of crab processing limits? The purpose of 
crab processing sideboard limits is to protect processors not eligible 
to participate in the directed pollock fishery from adverse effects as a 
result of the AFA and the formation of fishery cooperatives in the 
directed pollock fishery.

[[Page 793]]

    (b) To whom do the crab processing sideboard limits apply? The crab 
processing sideboard limits in this section apply to any AFA inshore or 
mothership entity that receives pollock harvested in the BSAI directed 
pollock fishery by a fishery cooperative established under Sec. 679.61 
or Sec. 679.62
    (c) How are crab processing sideboard percentages calculated? Upon 
receipt of an application for a cooperative processing endorsement from 
the owners of an AFA mothership or AFA inshore processor, the Regional 
Administrator will calculate a crab processing cap percentage for the 
associated AFA inshore or mothership entity. The crab processing cap 
percentage for each BSAI king or Tanner crab species will be equal to 
the percentage of the total catch of each BSAI king or Tanner crab 
species that the AFA crab facilities associated with the AFA inshore or 
mothership entity processed in the aggregate, on average, in 1995, 1996, 
1997, and 1998 with 1998 given double-weight (counted twice).
    (d) How will AFA entities be notified of their crab processing 
sideboard percentages? An AFA inshore or mothership entity's crab 
processing cap percentage for each BSAI king or Tanner crab species will 
be listed on each AFA mothership or AFA inshore processor permit that 
contains a cooperative pollock processing endorsement.
    (e) How are crab processing sideboard percentages converted to 
poundage caps? Prior to the start of each BSAI king or Tanner crab 
fishery, NMFS will convert each AFA inshore or mothership entity's crab 
processing sideboard percentage to a poundage cap by multiplying the 
crab processing sideboard percentage by the pre-season guideline harvest 
level established for that crab fishery by ADF&G.
    (f) How will crab processing sideboard poundage caps be announced? 
The Regional Administrator will notify each AFA inshore or mothership 
entity of its crab processing sideboard poundage cap through a letter to 
the owner of the AFA mothership or AFA inshore processor. The public 
will be notified of each entity's crab processing sideboard poundage cap 
through information bulletins published on the NMFS-Alaska Region world 
wide web home page ((http://www.fakr.noaa.gov)



Subpart G--Inshore Fee System for Repayment of the Loan to Harvesters of 
  Pollock from the Directed Fishing Allowance Allocated to the Inshore 
              Component Under Section 206(b)(1) of the AFA.

    Authority: Pub. L. 105-277, 16 U.S.C. 1801, et seq.

    Source: 65 FR 5281, Feb. 3, 2000; 65 FR 6921, Feb. 11, 2000, unless 
otherwise noted.



Sec. 679.70  Definitions.

    In addition to the definitions in the Magnuson-Stevens Act and in 
Sec. 679.2 of this title, the terms used in this subpart have the 
following meanings:
    American Fisheries Act (AFA) means Title II of Pub.L. 105-277.
    Borrower means (individually and collectively) all persons who, 
after January 1, 2000, harvest fee fish from the IC directed fishing 
allowance.
    Business week means a 7-day period, Saturday through Friday.
    Delivery value means the gross ex-vessel value of all fee fish at 
fish delivery.
    Deposit principal means all collected fee revenue that a fish buyer 
deposits in a segregated deposit account maintained in a federally 
chartered national bank for the sole purpose of aggregating collected 
fee revenue before sending the fee revenue to NMFS for repaying the 
loan.
    Fee means the six-tenths (0.6) of one cent that fish buyers deduct 
at fish delivery from the delivery value of each pound of round weight 
fee fish.
    Fee fish means all pollock harvested from the IC directed fishing 
allowance beginning on February 10, 2000 and ending at such time as the 
loan's principal and interest are fully repaid.
    Fish buyer means the first ex-vessel fish buyer who purchases fee 
fish from a fish seller.
    Fish delivery means the point at which a fish buyer first takes 
delivery or possession of fee fish from a fish seller.
    Fish seller means the harvester who catches and first sells fee fish 
to a fish buyer.

[[Page 794]]

    IC directed fishing allowance means the directed fishing allowance 
allocated to the inshore component under section 206(b)(1) of the AFA.
    Loan means the loan authorized by section 207(a) of the AFA.
    Net delivery value means the delivery value minus the fee.
    Subaccount means the Inshore Component Pollock Subaccount of the 
Fishing Capacity Reduction Fund in the U.S. Treasury for the deposit of 
all funds involving the loan.



Sec. 679.71  Loan.

    (a) Principal amount. The loan's principal amount is $75,000,000 
(seventy five million dollars).
    (b) Interest. Interest shall, from December 30, 1998, when NMFS 
disbursed the loan, until the date the borrower fully repays the loan, 
accrue at a fixed rate of 7.09 percent. Interest shall be simple 
interest and shall accrue on the basis of a 365-day year.
    (c) Repayment. The fee shall be the exclusive source of loan 
repayment. The fee shall be paid on all fee fish.
    (d) Application of fee receipts. NMFS shall apply all fee receipts 
it receives, first, to payment of the loan's accrued interest and, 
second, to reduction of the loan's principal balance.
    (e) Obligation. The borrower shall repay the loan in accordance with 
the AFA and this subpart.



Sec. 679.72  Fee payment and collection.

    (a) Payment and collection. (1) The fee is due and payable at the 
time of fish delivery. Each fish buyer shall collect the fee at the time 
of fish delivery by deducting the fee from the delivery value before 
paying or promising later to pay the net delivery value. Each fish 
seller shall pay the fee at the time of fish delivery by receiving from 
the fish buyer the net delivery value or the fish buyer's promise later 
to pay the net delivery value rather than the delivery value. Regardless 
of when the fish buyer pays the net delivery value, the fish buyer shall 
collect the fee at the time of fish delivery;
    (2)(i) Each fish seller shall be deemed, for the purpose of the fee 
collection, deposit, disbursement, and accounting requirements of this 
subpart, to be both the fish seller and the fish buyer--and all 
requirements and penalties under this subpart applicable to both a fish 
seller and a fish buyer shall equally apply to the fish seller--each 
time that the fish seller sells fee fish to:
    (A) Any fish buyer whose place of business is not located in the 
United States, who does not take delivery or possession of the fee fish 
in the United States, who is not otherwise subject to this subpart, or 
to whom or against whom NMFS cannot otherwise apply or enforce this 
subpart,
    (B) Any fish buyer who is a general food-service wholesaler or 
supplier, a restaurant, a retailer, a consumer, some other type of end-
user, or some other fish buyer not engaged in the business of buying 
fish from fish sellers for the purpose of reselling the fish, or
    (C) Any other fish buyer who the fish seller has good reason to 
believe is a fish buyer not subject to this subpart or to whom or 
against whom NMFS cannot otherwise apply or enforce this subpart,
    (ii) In each such case the fish seller shall, with respect to the 
fee fish involved in each such case, discharge, in addition to the fee 
payment requirements of this subpart, all the fee collection, deposit, 
disbursement, accounting, recordkeeping, and reporting requirements that 
this subpart otherwise imposes on the fish buyer, and the fish seller 
shall be subject to all the penalties this subpart provides for a fish 
buyer's failure to discharge such requirements;
    (b) Notification. (1) NMFS will send an appropriate fee payment and 
collection commencement notification to each affected fish seller and 
fish buyer of whom NMFS has knowledge.
    (2) When NMFS determines that the loan is fully repaid, NMFS will 
publish a Federal Register notification that the fee is no longer in 
effect and should no longer be either paid or collected. NMFS will then 
also send an appropriate fee termination notification to each affected 
fish seller and fish buyer of whom NMFS has knowledge;
    (c) Failure to pay or collect. (1) If a fish buyer refuses to 
collect the fee in the amount and manner that this subpart requires, the 
fish seller shall then advise the fish buyer of the fish seller's fee 
payment obligation and of the fish

[[Page 795]]

buyer's fee collection obligation. If the fish buyer still refuses to 
properly collect the fee, the fish seller, within the next 7 calendar 
days, shall forward the fee to NMFS. The fish seller at the same time 
shall also advise NMFS in writing of the full particulars, including:
    (i) The fish buyer's and fish seller's name, address, and telephone 
number,
    (ii) The name of the fishing vessel from which the fish seller made 
fish delivery and the date of doing so,
    (iii) The quantity and delivery value of fee fish that the fish 
seller delivered, and
    (iv) The fish buyer's reason (if known) for refusing to collect the 
fee in accordance with this subpart;
    (2) If a fish seller refuses to pay the fee in the amount and manner 
that this subpart requires, the fish buyer shall then advise the fish 
seller of the fish buyer's collection obligation and of the fish 
seller's payment obligation. If the fish seller still refuses to pay the 
fee, the fish buyer shall then either deduct the fee from the delivery 
value over the fish seller's protest or refuse to buy the fee fish. The 
fish buyer shall also, within the next 7 calendar days, advise NMFS in 
writing of the full particulars, including:
    (i) The fish buyer's and fish seller's name, address, and telephone 
number,
    (ii) The name of the fishing vessel from which the fish seller made 
or attempted to make fish delivery and the date of doing so,
    (iii) The quantity and delivery value of fee fish the fish seller 
delivered or attempted to deliver,
    (iv) Whether the fish buyer deducted the fee over the fish seller's 
protest or refused to buy the fee fish, and
    (v) The fish seller's reason (if known) for refusing to pay the fee 
in accordance with this subpart.



Sec. 679.73  Fee collection deposits, disbursements, records, and reports.

    (a) Deposit accounts. Each fish buyer that this subpart requires to 
collect a fee shall maintain a segregated account at a federally insured 
financial institution for the sole purpose of depositing collected fee 
revenue and disbursing the fee revenue directly to NMFS in accordance 
with paragraph (c) of this section.
    (b) Fee collection deposits. Each fish buyer, no less frequently 
than at the end of each business week, shall deposit, in the deposit 
account established under paragraph (a) of this section, all fee 
revenue, not previously deposited, that the fish buyer has collected 
through a date not more than 2 calendar days before the date of deposit. 
Neither the deposit account nor the principal amount of deposits in the 
account may be pledged, assigned, or used for any purpose other than 
aggregating collected fee revenue for disbursement to the subaccount in 
accordance with paragraph (c) of this section. The fish buyer is 
entitled, at any time, to withdraw deposit interest, if any, but never 
deposit principal, from the deposit account for the fish buyer's own use 
and purposes.
    (c) Deposit principal disbursement. On the last business day of each 
month, or more frequently if the amount in the account exceeds the 
account limit for insurance purposes, the fish buyer shall disburse to 
NMFS the full amount of deposit principal then in the deposit account. 
The fish buyer shall do this by check made payable to ``NOAA Inshore 
Component Pollock Loan Subaccount.'' The fish buyer shall mail each such 
check to the subaccount lockbox account that NMFS establishes for the 
receipt of the disbursements of deposit principal. Each disbursement 
shall be accompanied by the fish buyer's settlement sheet completed in 
the manner and form that NMFS specifies. NMFS will specify the 
subaccount's lockbox and the manner and form of settlement sheet by 
means of the notification in Sec. 679.72(b)(1).
    (d) Records maintenance. Each fish buyer shall maintain, in a secure 
and orderly manner for a period of at least 3 years from the date of 
each transaction involved, at least the following information:
    (1) For all deliveries of fee fish that the fish buyer buys from 
each fish seller:
    (i) The date of delivery,
    (ii) The fish seller's identity,
    (iii) The round weight of fee fish delivered,

[[Page 796]]

    (iv) The identity of the fishing vessel that delivered the fee fish,
    (v) The delivery value,
    (vi) The net delivery value,
    (vii) The identity of the party to whom the net delivery value is 
paid, if other than the fish seller,
    (viii) The date the net delivery value was paid, and
    (ix) The total fee amount collected;
    (2) For all fee collection deposits to and disbursements from the 
deposit account:
    (i) The dates and amounts of deposits,
    (ii) The dates and amounts of disbursements to the subaccount's 
lockbox account, and
    (iii) The dates and amounts of disbursements to the fish buyer or 
other parties of interest earned on deposits.
    (e) Annual report. By January 15, 2001, and by each January 15 
thereafter until the loan is fully repaid, each fish buyer shall submit 
to NMFS a report, on or in the form NMFS specifies, containing the 
following information for the preceding year for all fee fish each fish 
buyer purchases from fish sellers:
    (1) Total round weight bought;
    (2) Total delivery value paid;
    (3) Total fee amount collected;
    (4) Total fee collection amounts deposited by month;
    (5) Dates and amounts of monthly disbursements to the subaccount 
lockbox;
    (6) Total amount of interest earned on deposits; and
    (7) Depository account balance at year-end.
    (f) State records. If landing records that a state requires from 
fish sellers contain some or all of the data that this section requires 
and state confidentiality laws or regulations do not prevent NMFS' 
access to the records maintained for the state, then fish buyers can use 
such records to meet appropriate portions of this section's 
recordkeeping requirements. If, however, state confidentiality laws or 
regulations make such records unavailable to NMFS, then fish buyers 
shall maintain separate records for NMFS that meet the requirements of 
this section.
    (g) Audits. NMFS or its agents may audit, in whatever manner NMFS 
believes reasonably necessary for the duly diligent administration of 
the loan, the financial records of the fish buyers and the fish sellers 
in order to ensure proper fee payment, collection, deposit, 
disbursement, accounting, recordkeeping, and reporting. Fish buyers and 
fish sellers shall make all records of all transactions involving fee 
fish catches, fish deliveries, and fee payments, collections, deposits, 
disbursements, accounting, recordkeeping, and reporting available to 
NMFS or its agents at reasonable times and places and promptly provide 
all requested information reasonably related to these records that such 
fish sellers and fish buyers may otherwise lawfully provide. Trip 
tickets (or similar accounting records establishing the round weight 
pounds of fee fish that each fish buyer buys from each fish seller each 
time that each fish buyer does so) are essential audit documentation.
    (h) Confidentiality of records. NMFS and its auditing agents shall 
maintain the confidentiality of all data to which NMFS has access under 
this section and shall neither release the data nor allow the data's use 
for any purpose other than the purpose of this subpart, unless otherwise 
required by law; provided, however, that NMFS may aggregate such data so 
as to preclude their identification with any fish buyer or any fish 
seller and use them in the aggregate for other purposes.
    (i) Refunds. When NMFS determines that the loan is fully repaid, 
NMFS will refund any excess fee receipts, on a last-in/first-out basis, 
to the fish buyers. Fish buyers shall return the refunds, on a last-in/
first-out basis, to the fish sellers who paid the amounts refunded.



Sec. 679.74  Late charges.

    The late charge to fish buyers for fee payment, collection, deposit, 
and/or disbursement shall be one and one-half (1.5) percent per month, 
or the maximum rate permitted by state law, for the total amount of the 
fee not paid, collected, deposited, and/or disbursed when due to be 
paid, collected, deposited, and/or disbursed within 5 days of the date 
due. The full late charge shall apply to the fee for each month or 
portion of a month that the fee remains

[[Page 797]]

unpaid, uncollected, undeposited, and/or undisbursed.



Sec. 679.75  Enforcement.

    In accordance with applicable law or other authority, NMFS may take 
appropriate action against each fish seller and/or fish buyer 
responsible for non-payment, non-collection, non-deposit, and/or non-
disbursement of the fee in accordance with this subpart to enforce the 
collection from such fish seller and/or fish buyer of any fee (including 
penalties and all costs of collection) due and owing the United States 
on account of the loan that such fish seller and/or fish buyer should 
have, but did not, pay, collect, deposit, and/or disburse in accordance 
with this subpart. All such loan recoveries shall be applied to reduce 
the unpaid balance of the loan.



Sec. 679.76  Prohibitions and penalties.

    (a) The following activities are prohibited, and it is unlawful for 
anyone to:
    (1) Avoid, decrease, interfere with, hinder, or delay payment or 
collection of, or otherwise fail to fully and properly pay or collect, 
any fee due and payable under this subpart or convert, or otherwise use 
for any purpose other than the purpose this subpart intends, any paid or 
collected fee;
    (2) Fail to fully and properly deposit on time the full amount of 
all fee revenue collected under this subpart into a deposit account and 
disburse the full amount of all deposit principal to the subaccount's 
lockbox account--all as this subpart requires;
    (3) Fail to maintain full, timely, and proper fee payment, 
collection, deposit, and/or disbursement records or make full, timely, 
and proper reports of such information to NMFS--all as this subpart 
requires;
    (4) Fail to advise NMFS of any fish seller's refusal to pay, or of 
any fish buyer's refusal to collect, any fee due and payable under this 
subpart;
    (5) Refuse to allow NMFS or agents that NMFS designates to review 
and audit at reasonable times all books and records reasonably pertinent 
to fee payment, collection, deposit, disbursement, and accounting under 
this subpart or otherwise interfere with, hinder, or delay NMFS or it 
agents in the course of their activities under this subpart;
    (6) Make false statements to NMFS, any of the NMFS' employees, or 
any of NMFS' agents about any of the matters in this subpart;
    (7) Obstruct, prevent, or unreasonably delay or attempt to obstruct, 
prevent, or unreasonably delay any audit or investigation NMFS or its 
agents conduct, or attempt to conduct, in connection with any of the 
matters in this subpart; and/or
    (8) Otherwise materially interfere with the efficient and effective 
repayment of the loan.
    (b) Anyone who violates one or more of the prohibitions of paragraph 
(a) of this section is subject to the full range of penalties the 
Magnuson-Stevens Act and 15 CFR part 904 provide (including, but not 
limited to: civil penalties, sanctions, forfeitures, and punishment for 
criminal offenses) and to the full penalties and punishments otherwise 
provided by any other applicable law of the United States.

   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 ([Sigma]min)
    2.2.3 Minimum Totalized Load ([Sigma]min)
    2.2.4 Influence Quantities
    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

[[Page 798]]

    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 ([Sigma]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
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

[[Page 799]]

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. [plusmn]0.18 percent of the weight of the load 
totalized.
    b. Influence Factors. [plusmn]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 [plusmn]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, [plusmn]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, [plusmn]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 ([Sigma]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 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

[[Page 800]]

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 total weight of catch in each haul or set;
    v. The total cumulative weight of all fish or other material weighed 
on the scale; and
    vi. 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.
    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 ([Sigma]min);

[[Page 801]]

    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 
([Sigma]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) ([plusmn]scale division).
    b. Influence Factors. [plusmn]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, [plusmn]1.0 
percent of the test load.
    3.2.2 Minimum Weighment ([Sigma]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 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 [plusmn] 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.

[[Page 802]]

    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 total weight of catch in each haul or set;
    v. The total cumulative weight of all fish or other material weighed 
on the scale; and
    vi. 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.
    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 [plusmn]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;

[[Page 803]]

    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 ([Sigma]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 ([plusmn]1 scale division); and
    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\ [le] 500..................  0 < m [le] 50.........         0.5
500 < m [le] 2000..................  50 < m [le] 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:

[[Page 804]]



                        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. 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;
    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 [plusmn]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.

[[Page 805]]

    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 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.

[[Page 806]]

    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 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, or a number generated by the scale 
whenever a change is made to an adjustable component. The number must be 
sequential and it must not be possible for the scale operator to alter 
it. The number must be displayed whenever the scale is turned on.
    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

[[Page 807]]

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.
------------------------------------------------------------------------

                                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 [Sigma]min, 2 
times each at approximately the minimum flow rate, an intermediate flow 
rate, and the maximum flow rate.

[[Page 808]]

    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 [Sigma]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.

                      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.

[[Page 809]]

                             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 [Sigma]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 [plusmn]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 
[plusmn]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.
    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 [Sigma]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.

[[Page 810]]

    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 [Sigma]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.

                            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.

[[Page 811]]

    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 [Sigma]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).

                        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 [Sigma]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;

[[Page 812]]

    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 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:

[[Page 813]]

Radiated, radio-frequency electromagnetic field immunity test.

[63 FR 5845, Feb. 4, 1998, as amended at 65 FR 33783, May 25, 2000]

[[Page 814]]

 Figure 1 to Part 679--Bering Sea and Aleutian Islands Statistical and 
                             Reporting Areas
[GRAPHIC] [TIFF OMITTED] TR15NO99.000


[[Page 815]]



                             b. Coordinates

------------------------------------------------------------------------
       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[min] N, 169[deg] 42.5[min] W (Cape
                     Dezhneva, Russia); and 65[deg]37.5[min] N,
                     168[deg]7.5[min] 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[min] N between the intersection
                     of 58[deg]00[min] N lat with the Alaska Peninsula
                     and 160[deg]00[min] W long.
509                 South of 58[deg]00[min] N lat between
                     163[deg]00[min] W long and 165[deg]00[min] W long.
512                 South of 58[deg]00[min] N lat, north of the Alaska
                     Peninsula between 160[deg]00[min] W long and
                     162[deg]00[min] W long.
513                 Between 58[deg]00[min] N lat and 56[deg]30[min] N
                     lat, and between 165[deg]00[min] W long and
                     170[deg]00[min] W long.
514                 North of 58[deg]00[min] N to the southern boundary
                     of the Chukchi Sea, area 400, and east of
                     170[deg]00[min] W long.
516                 South of 58[deg]00[min] N lat, north of the Alaska
                     Peninsula, and between 162[deg]00[min] and
                     163[deg]00[min] W long.
517                 South of 56[deg]30[min] N lat, between
                     165[deg]00[min] W long and 170[deg]00[min] W long;
                     and north of straight lines between
                     54[deg]30[min] N lat, 165[deg]00[min] W long,
                     54[deg]30[min] N lat, 167[deg]00[min] W long, and
                     55[deg]46[min] N lat, 170[deg]00[min] W long.
518                 Bogoslof District: South of a straight line between
                     55[deg]46[min] N lat, 170[deg]00[min] W long and
                     54[deg]30[min] N lat, 167[deg]00[min] W long, and
                     between 167[deg]00[min] W long and 170[deg]00[min]
                     W long, and north of the Aleutian Islands and
                     straight lines between the islands connecting the
                     following coordinates in the order listed:
                     52[deg]49.18[min] N, 169[deg]40.47[min] W,
                     52[deg]49.24[min] N, 169[deg]07.10[min] W,
                     53[deg]23.13[min] N, 167[deg]50.50[min] W,
                     53[deg]18.95[min] N, 167[deg]51.06[min] W.
519                 South of a straight line between 54[deg]30[min] N
                     lat, 167[deg]00[min] W long and 54[deg]30[min] N
                     lat, 164[deg]54[min] W long; east of
                     167[deg]00[min] 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]58.97[min] N, 166[deg]16.50[min] W,
                     54[deg]02.69[min] N, 166[deg]02.93[min] W,
                     54[deg]07.69[min] N, 165[deg]39.74[min] W,
                     54[deg]08.40[min] N, 165[deg]38.29[min] W,
                     54[deg]11.71[min] N, 165[deg]23.09[min] W,
                     54[deg]23.74[min] N, 164[deg]44.73[min] W.
521                 The area bounded by straight lines connecting the
                     following coordinates in the order listed:
                     55[deg]46[min] N, 170[deg]00[min] W,
                     59[deg]25[min] N, 179[deg]20[min] W,
                     60[deg]00[min] N, 179[deg]20[min] W,
                     60[deg]00[min] N, 171[deg]00[min] W,
                     58[deg]00[min] N, 171[deg]00[min] W,
                     58[deg]00[min] N, 170[deg]00[min] W,
                     55[deg]46[min] N, 170[deg]00[min] W.
523                 The area bounded by straight lines connecting the
                     following coordinates in the order listed:
                     59[deg]25[min] N, 179[deg]20[min] W,
                     55[deg]46[min] N, 170[deg]00[min] W,
                     55[deg]00[min] N, 170[deg]00[min] W,
                     55[deg]00[min] N, 180[deg]00[min] 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[min] W bounded south by
                     straight lines connecting the following coordinates
                     in the order listed:
                     58[deg]00[min] N, 170[deg]00[min] W,
                     58[deg]00[min] N, 171[deg]00[min] W,
                     60[deg]00[min] N, 171[deg]00[min] W,
                     60[deg]00[min] N, 179[deg]20[min] W,
                     59[deg]25[min] N, 179[deg]20[min] 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[min] N lat, west of 170[deg]00[min] W
                     long, and east of 177[deg]00[min] 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[min] N lat, west of 177[deg]00[min] W
                     long, and east of 177[deg]00[min] 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[min] N lat and west of 177[deg]00[min] E
                     long, and bounded on the south and west by the
                     limits of the US EEZ as described in the current
                     editions of NOAA chart INT 813 Bering Sea (Southern
                     Part) and NOAA chart 530 (San Diego to Aleutian
                     Islands and Hawaiian Islands).
550                 Donut Hole. International waters of the Bering Sea
                     outside the limits of the EEZ and Russian economic
                     zone as depicted on the current edition of NOAA
                     chart INT 813 Bering Sea (Southern Part).
------------------------------------------------------------------------
Note: A statistical area is the part of a reporting area contained in
  the EEZ.


[64 FR 61983, Nov. 15, 1999; 65 FR 25290, May 1, 2000]

[[Page 816]]

       Figure 2 to Part 679--BSAI Catcher Vessel Operational Area
[GRAPHIC] [TIFF OMITTED] TR15NO99.001


[64 FR 61985, Nov. 15, 1999]

[[Page 817]]

     Figure 3 to Part 679--Gulf of Alaska Statistical and Reporting
[GRAPHIC] [TIFF OMITTED] TR15NO99.002


[[Page 818]]



                             b. Coordinates

------------------------------------------------------------------------
       Code                              Description
------------------------------------------------------------------------
610                 Western GOA Regulatory Area, Shumagin District.
                     Along the south side of the Aleutian Islands,
                     including those waters south of Nichols Point
                     (54[deg]51[min]30[sec] N lat) near False Pass, and
                     straight lines between the islands and the Alaska
                     Peninsula connecting the following coordinates in
                     the order listed:
                    52[deg]49.18[min] N, 169[deg]40.47[min] W;
                    52[deg]49.24[min] N, 169[deg]07.10[min] W;
                    53[deg]23.13[min] N, 167[deg]50.50[min] W;
                    53[deg]18.95[min] N, 167[deg]51.06[min] W;
                    53[deg]58.97[min] N, 166[deg]16.50[min] W;
                    54[deg]02.69[min] N, 166[deg]02.93[min] W;
                    54[deg]07.69[min] N, 165[deg]39.74[min] W;
                    54[deg]08.40[min] N, 165[deg]38.29[min] W;
                    54[deg]11.71[min] N, 165[deg]23.09[min] W;
                    54[deg]23.74[min] N, 164[deg]44.73[min] 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[min] W long and
                     159[deg]00[min] W long.
620                 Central GOA Regulatory Area, Chirikof District.
                     Along the south side of the Alaska Peninsula,
                     between 159[deg]00[min] W long and 154[deg]00[min]
                     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 GOA Regulatory Area, Kodiak District. Along
                     the south side of continental Alaska, between
                     154[deg]00[min] W long and 147[deg]00[min] 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 GOA Regulatory Area, West Yakutat District.
                     Along the south side of continental Alaska, between
                     147[deg]00[min] W long and 140[deg]00[min] 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 GOA Regulatory Area, Southeast Outside
                     District. East of 140[deg]00[min] 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                 Eastern GOA Regulatory Area, Southeast Inside
                     District. As specified in Alaska State regulations
                     at 5AAC 28.105 (a)(1) and (2).
690                 GOA outside the U.S. EEZas 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).
------------------------------------------------------------------------
NOTE: A statistical area is the part of a reporting area contained in
  the EEZ.


[64 FR 61987, Nov. 15, 1999; 65 FR 25291, May 1, 2000, as amended at 67 
FR 4134, Jan. 28, 2002]

[[Page 819]]

      Figure 4 to Part 679--BSAI Herring Savings Areas in the BSAI
[GRAPHIC] [TIFF OMITTED] TR15NO99.003


[[Page 820]]



                             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[min][min] 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.
------------------------------------------------------------------------


[64 FR 61989, Nov. 15, 1999]

[[Page 821]]

 Figure 5 to Part 679--Kodiak Island Areas Closed to Non-Pelagic Trawl 
                                  Gear
[GRAPHIC] [TIFF OMITTED] TR15NO99.004

                             b. Coordinates

----------------------------------------------------------------------------------------------------------------
      Name and description of reference area           North latitude/West longitude         Reference point
----------------------------------------------------------------------------------------------------------------
Alitak Flats and Towers Areas

[[Page 822]]

 
   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[min]4[sec]                 Low Cape.
                                                     154[deg]31[min]1[sec]
    b                                               57[deg]00[min]0[sec]
                                                     155[deg]00[min]0[sec]
    c                                               56[deg]17[min]0[sec]
                                                     155[deg]00[min]0[sec]
    d                                               56[deg]17[min]0[sec]
                                                     153[deg]52[min]0[sec]
    e                                               56[deg]33[min]5[sec]                 Cape Sitkinak.
                                                     153[deg]52[min]0[sec]
    f                                               56[deg]54[min]5[sec]                 East point of Twoheaded
                                                     153[deg]32[min]5[sec]                Island.
    g                                               56[deg]56[min]0[sec]                 Kodiak Island, thence,
                                                     153[deg]35[min]5[sec]                along the coastline of
                                                                                          Kodiak Island until
                                                                                          intersection of Low
                                                                                          Cape.
    a                                               56[deg]59[min]4[sec]                 Low Cape.
                                                     154[deg]31[min]1[sec]
Marmot Flats Area
  All waters enclosed by a line connecting the following five points in the clockwise
                                     order listed:
    a                                               58[deg]00[min]0[sec]
                                                     152[deg]30[min]0[sec]
    b                                               58[deg]00[min]0[sec]
                                                     151[deg]47[min]0[sec]
    c                                               57[deg]37[min]0[sec]
                                                     151[deg]47[min]0[sec]
    d                                               57[deg]37[min]0[sec]                 Cape Chiniak, then
                                                     152[deg]10[min]1[sec]                along the coastline of
                                                                                          Kodiak Island to North
                                                                                          Cape.
    e                                               57[deg]54[min]5[sec]
                                                     152[deg]30[min]0[sec]
    a                                               58[deg]00[min]0[sec]
                                                     152[deg]30[min]0[sec]
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[min]0[sec]
                                                     155[deg]13[min]0[sec]
    b                                               56[deg]07[min]0[sec]
                                                     156[deg]00[min]0[sec]
    c                                               55[deg]41[min]0[sec]
                                                     156[deg]00[min]0[sec]
    d                                               55[deg]41[min]0[sec]
                                                     155[deg]13[min]0[sec]
    a                                               56[deg]07[min]0[sec]
                                                     155[deg]13[min]0[sec]
Barnabas Area
    All waters enclosed by a line connecting the following six points in the counter
                                clockwise order listed:
    a                                               57[deg]00[min]0[sec]                 Black Point.
                                                     153[deg]18[min]0[sec]
    b                                               56[deg]56[min]0[sec]
                                                     153[deg]09[min]0[sec]
    c                                               57[deg]22[min]0[sec]                 South Tip of Ugak
                                                     152[deg]18[min]5[sec]                Island.
    d                                               57[deg]23[min]5[sec]                 North Tip of Ugak
                                                     152[deg]17[min]5[sec]                Island.
    e                                               57[deg]25[min]3[sec]                 Narrow Cape, thence,
    f                                                152[deg]20[min]0[sec]                along the coastline of
    a                                               57[deg]04[min]2[sec]                  Kodiak Island Cape
                                                     153[deg]30[min]0[sec]                Kasick to Black Point,
                                                    57[deg]00[min]0[sec]                  including inshore
                                                     153[deg]18[min]0[sec]                waters.
----------------------------------------------------------------------------------------------------------------


[64 FR 61990, Nov. 15, 1999]

[[Page 823]]

             Figure 6 to Part 679--Length Overall of Vessel
[GRAPHIC] [TIFF OMITTED] TR06MY03.091


[68 FR 23925, May 6, 2003]

[[Page 824]]

 Figure 7 to Part 679--Location of Trawl Gear Test Areas in the GOA and 
                                the BSAI
[GRAPHIC] [TIFF OMITTED] TR15NO99.005


[64 FR 61992, Nov. 15, 1999]

[[Page 825]]

     Figure 8 to Part 679--Chinook Salmon Savings Areas of the BSAI
[GRAPHIC] [TIFF OMITTED] TR12OC00.028


[[Page 826]]



                             b. Coordinates
[GRAPHIC] [TIFF OMITTED] TR12OC00.029


[65 FR 60588, Oct. 12, 2000]

[[Page 827]]

       Figure 9 to Part 679--Chum Savings Area (CSSA) of the CVOA
[GRAPHIC] [TIFF OMITTED] TR15NO99.007


[[Page 828]]



                             b. Coordinates

    The CSSA is an area defined as that portion of the Bering Sea 
Subarea described by straight lines connecting the following coordinates 
in the order listed:

56[deg]00[min] N. lat. 167[deg]00[min] W. long.
56[deg]00[min] N. lat. 165[deg]00[min] W. long.
55[deg]30[min] N. lat. 165[deg]00[min] W. long.
55[deg]30[min] N. lat. 164[deg]00[min] W. long.
55[deg]00[min] N. lat. 164[deg]00[min] W. long.
55[deg]00[min] N. lat. 167[deg]00[min] W. long.
56[deg]00[min] N. lat. 167[deg]00[min] W. long.

[64 FR 61995, Nov. 15, 1999]

[[Page 829]]

 Figure 10 to Part 679--Pribilof Islands Area Habitat Conservation Zone 
                            in the Bering Sea
[GRAPHIC] [TIFF OMITTED] TR15NO99.008


[64 FR 61997, Nov. 15, 1999]

[[Page 830]]

        Figure 11 to Part 679--Red King Crab Savings Area (RKCSA)
[GRAPHIC] [TIFF OMITTED] TR15NO99.009


[64 FR 61998, Nov. 15, 1999]

[[Page 831]]

     Figure 12 to Part 679--Nearshore Bristol Bay Trawl Closure Area
[GRAPHIC] [TIFF OMITTED] TR15NO99.010


[64 FR 61999, Nov. 15, 1999]

[[Page 832]]

 Figure 13 to Part 679--BSAI C. Opilio Tanner Crab Bycatch Limitations 
                                  Zone
[GRAPHIC] [TIFF OMITTED] TR15NO99.011


[[Page 833]]



                             b. Coordinates

    The COBLZ is an area defined as that portion of the Bering Sea 
Subarea north of 56[deg]30[min] N. lat. that is west of a line 
connecting the following coordinates in the order listed:

56[deg] 30[min] N. lat., 165[deg] 00[min] W. long.
58[deg] 00[min] N. lat., 165[deg] 00[min] W. long.
59[deg] 30[min] N. lat., 170[deg] 00[min] W. long.

and north along 170[deg] 00[min] W. long. to its intersection with the 
U.S.-Russia Boundary.

[64 FR 62000, Nov. 15, 2000]

[[Page 834]]

            Figure 14 to Part 679--Sablefish Regulatory Areas
[GRAPHIC] [TIFF OMITTED] TR15NO99.012


[64 FR 62002, Nov. 15, 2000]

[[Page 835]]

 Figure 15 to Part 679--Regulatory Areas for the Pacific Halibut Fishery
[GRAPHIC] [TIFF OMITTED] TR15NO99.013

                             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

[[Page 836]]

Spencer Light (58[deg]11[min]57[sec] N. lat., 136[deg]38[min]18[sec] W. 
long.) and south and east of a line running 205[deg] true from said 
light;
    Area 3A includes all waters between Area 2C and a line extending 
from the most northerly point on Cape Aklek (57[deg]41[min]15[sec] N. 
lat., 155[deg]35[min]00[sec] W. long.) to Cape Ikolik 
(57[deg]17[min]17[sec] N. lat., 154[deg]47[min]18[sec] W. long.), then 
along the Kodiak Island coastline to Cape Trinity (56[deg]44[min]50[sec] 
N. lat., 154[deg]08[min]44[sec] 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[min]00[sec] N. lat., 
164[deg]20[min]00[sec] W. long.) and south of 54[deg]49[min]00[sec] 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[min]00[sec] W. long. and south of 56[deg]20[min]00[sec] N. 
lat.;
    Area 4B includes all waters in the Bering Sea and the GOA west of 
Area 4A and south of 56[deg]20[min]00[sec] 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[min]00[sec] W. long., south of 58[deg]00[min]00[sec] N. lat., 
and west of 168[deg]00[min]00[sec] 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[min]00[sec] 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[min]00[sec] W. long., and 
south of 65[deg]34[min]00[sec] N. lat.

                              Closed areas

    All waters in the Bering Sea north of 54[deg]49[min]00[sec] N. lat. 
in Isanotski Strait that are enclosed by a line from Cape Sarichef Light 
(54[deg]36[min]00[sec] N. lat., 164[deg]55[min]42[sec] W. long.) to a 
point at 56[deg]20[min]00[sec] N. lat., 168[deg]30[min]00 W. long.; 
thence to a point at 58[deg]21[min]25[sec] N. lat., 
163[deg]00[min]00[sec] W. long.; thence to Strogonof Point 
(56[deg]53[min]18[sec] N. lat., 158[deg]50[min]37[sec] 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[min]18[sec] N. lat.).

[64 FR 62003, Nov. 15, 1999]

[[Page 837]]

    Figure 16 to Part 679--BSAI C. opilio and C. bairdi tanner crab 
                            endorsement areas
[GRAPHIC] [TIFF OMITTED] TR15NO99.014


[64 FR 62005, Nov. 15, 1999]

[[Page 838]]

         Figure 17 to Part 679--BSAI King crab endorsement areas
[GRAPHIC] [TIFF OMITTED] TR15NO99.015


[[Page 839]]



                             b. Coordinates

1. Norton Sound Red King Crab and Blue King Crab Area
    Area defined by a northern boundary of 65[deg]36[min] N. lat., along 
the east side of continental Alaska, a southern boundary of 
61[deg]49[min] N. lat., and a western boundary of 168[deg] W. long.
2. St. Matthew Blue King Crab Area
    Area defined by a northern boundary of 61[deg]49[min] N. lat., along 
the east side of continental Alaska, a southern boundary of 
58[deg]39[min] N. lat., and a western boundary of the U.S.-Russian 
Convention Line of 1867.
3. Pribilof Red King Crab and Blue King Crab Area
    Area defined by a northern boundary of 58[deg]39[min] N. lat., an 
eastern boundary of 168[deg] W. long. south to 54[deg]36[min] N. lat., 
then westward to (54[deg]36[min] N. lat., 171[deg] W. long.), then north 
to (55[deg]30[min] N. lat., 171[deg] W. long.), then westward to the 
western boundary of the U.S.-Russian Convention Line of 1867.
4. Bristol Bay Red King Crab Area
    Area defined by a northern boundary of 58[deg]39[min] N. lat., along 
the east side of continental Alaska, a southern boundary of 
54[deg]36[min] N. lat., and a western boundary of 168[deg] W. long. and 
including all waters of Bristol Bay.
5. Aleutian Islands Brown King Crab and Red King Crab Area
    Area defined by a northern boundary of 55[deg]30[min] N. lat. 
eastward to 171[deg] W. long., then south to Cape Sarichef 
(54[deg]36[min] N. lat., 171[deg] W. long.), then east to Scotch Cap 
Light (54[deg]36[min] N. lat., 164[deg]44[min] W. long.), 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), and a western boundary 
of the U.S.-Russian Convention Line of 1867.

[64 FR 62006, Nov. 15, 1999]

[[Page 840]]

          Figure 18 to Part 679--Sitka Pinnacles Marine Reserve
[GRAPHIC] [TIFF OMITTED] TR09NO00.011

                             b. Coordinates

    An area totaling 2.5 square nm off Cape Edgecumbe, defined by 
straight lines connecting the following points in a counterclockwise 
manner:
    56[deg]55.5'N lat., 135[deg]54.0'W long;

[[Page 841]]

    56[deg]57.0[min]N lat., 135[deg]54.0[min]W long;
    56[deg]57.0[min]N lat., 135[deg]57.0[min]W long;
    56[deg]55.5[min]N lat., 135[deg]57.0[min]W long.

[65 FR 67308, Nov. 9, 2000]

[[Page 842]]

        Figure 19 to Part 679-- Shelikof Strait Conservation Area
[GRAPHIC] [TIFF OMITTED] TR28JA02.072


[67 FR 4134, Jan. 28, 2002]

[[Page 843]]

 Figure 20 to Part 679--Steller sea lion conservation area (SCA) of the 
                               Bering Sea
[GRAPHIC] [TIFF OMITTED] TR28JA02.073


[[Page 844]]



[67 FR 4134, Jan. 28, 2002]

     Figure 21 to Part 679--Cape Sarichef Research Restriction Area 
                   (Applicable through March 31, 2006)
[GRAPHIC] [TIFF OMITTED] TR07MR03.018


[68 FR 11006, Mar. 7, 2003]

[[Page 845]]

             Table 1 to Part 679--Product and Delivery Codes

   (These codes describe the condition of the fish at the point it is
                          weighed and recorded)
------------------------------------------------------------------------
                      Product Description                          Code
------------------------------------------------------------------------
GENERAL USE CODES*
------------------------------------------------------------------------
Belly flaps. Flesh in region of pelvic and pectoral fins and          19
 behind head. (ancillary only)
------------------------------------------------------------------------
Bled only. Throat, or isthmus, slit to allow blood to drain.          03
------------------------------------------------------------------------
Bled fish destined for fish meal (includes offsite production)        42
 DO NOT RECORD ON PTR.
------------------------------------------------------------------------
Bones (if meal, report as 32) (ancillary only).                       39
------------------------------------------------------------------------
Butterfly, no backbone. Head removed, belly slit, viscera and         37
 most of backbone removed; fillets attached.
------------------------------------------------------------------------
Cheeks. Muscles on sides of head (ancillary only)                     17
------------------------------------------------------------------------
Chins. Lower jaw (mandible), muscles, and flesh (ancillary            18
 only)
------------------------------------------------------------------------
Fillets, deep-skin. Meat with skin, adjacent meat with silver         24
 lining, and ribs removed from sides of body behind head and in
 front of tail, resulting in thin fillets.
------------------------------------------------------------------------
Fillets, skinless/boneless. Meat with both skin and ribs              23
 removed, from sides of body behind head and in front of tail.
------------------------------------------------------------------------
Fillets with ribs, no skin. Meat with ribs with skin removed,         22
 from sides of body behind head and in front of tail.
------------------------------------------------------------------------
Fillets with skin and ribs. Meat and skin with ribs attached,         20
 from sides of body behind head and in front of tail.
------------------------------------------------------------------------
Fillets with skin, no ribs. Meat and skin with ribs removed,          21
 from sides of body behind head and in front of tail.
------------------------------------------------------------------------
Fish meal. Meal from whole fish or fish parts; includes bone          32
 meal.
------------------------------------------------------------------------
Fish oil. Rendered oil from whole fish or fish parts. Record          33
 only oil destined for sale and not oil stored or burned for
 fuel onboard.
------------------------------------------------------------------------
Gutted, head on. Belly slit and viscera removed.                      04
------------------------------------------------------------------------
Head and gutted, with roe.                                            06
------------------------------------------------------------------------
Headed and gutted, Western cut. Head removed just in front of         07
 the collar bone, and viscera removed.
------------------------------------------------------------------------
Headed and gutted, Eastern cut. Head removed just behind the          08
 collar bone, and viscera removed.
------------------------------------------------------------------------
Headed and gutted, tail removed. Head removed usually in front        10
 of collar bone, and viscera and tail removed.
------------------------------------------------------------------------
Heads. Heads only, regardless where severed from body                 16
 (ancillary only).
------------------------------------------------------------------------
Kirimi (Steak) Head removed either in front or behind the             11
 collar bone, viscera removed, and tail removed by cuts
 perpendicular to the spine, resulting in a steak.
------------------------------------------------------------------------
Mantles, octopus or squid. Flesh after removal of viscera and         36
 arms.
------------------------------------------------------------------------
Milt. (in sacs, or testes) (ancillary only).                          34
------------------------------------------------------------------------
Minced. Ground flesh.                                                 31
------------------------------------------------------------------------
Other retained product. If product is not listed on this table,       97
 enter code 97 and write a description with product recovery
 rate next to it in parentheses.
------------------------------------------------------------------------
Pectoral girdle. Collar bone and associated bones, cartilage          15
 and flesh.
------------------------------------------------------------------------
Roe. Eggs, either loose or in sacs, or skeins (ancillary only).       14
------------------------------------------------------------------------
Salted and split. Head removed, belly slit, viscera removed,          12
 fillets cut from head to tail but remaining attached near
 tail. Product salted.
------------------------------------------------------------------------
Stomachs. Includes all internal organs (ancillary only)               35
------------------------------------------------------------------------
Surimi. Paste from fish flesh and additives                           30
------------------------------------------------------------------------
Whole fish/meal. Whole fish destined for meal (includes offsite    41\1\
 production.) DO NOT RECORD ON PTR.
------------------------------------------------------------------------
Whole fish/food fish.                                              01\1\
------------------------------------------------------------------------
Whole fish/bait. Processed for bait. Sold                             02
------------------------------------------------------------------------
Wings. On skates, side fins are cut off next to body.                 13
------------------------------------------------------------------------
DISCARD/DISPOSITION CODES
------------------------------------------------------------------------
Whole fish/donated prohibited species. Number of Pacific salmon       86
 or Pacific halibut, otherwise required to be discarded, that
 is donated to charity under a NMFS-authorized program.
------------------------------------------------------------------------
Whole fish/onboard bait. Whole fish used as bait on board          92\1\
 vessel. Not sold.
------------------------------------------------------------------------
Whole fish/damaged. Whole fish damaged by observer's sampling      93\1\
 procedures.
------------------------------------------------------------------------
Whole fish/personal use, consumption. Fish or fish products        95\1\
 eaten on board or taken off the vessel for personal use. Not
 sold or utilized as bait
------------------------------------------------------------------------
Whole fish, discard, at sea. Whole groundfish and prohibited          98
 species discarded by catcher vessels, catcher/processors,
 motherships, or vessel buying stations. DO NOT RECORD ON PTR.
------------------------------------------------------------------------
Whole fish, discard, infested. Flea-infested fish, parasite-          88
 infested fish.
------------------------------------------------------------------------

[[Page 846]]

 
Whole fish, discard, decomposed. Decomposed or previously             89
 discarded fish
------------------------------------------------------------------------
Whole fish, discard, onshore. Discard after delivery and before       99
 processing by shoreside processors, stationary floating
 processors and buying stations and in-plant discard of whole
 ground-fish and prohibited species during processing. DO NOT
 RECORD ON PTR.
------------------------------------------------------------------------
PRODUCT DESIGNATION CODES
------------------------------------------------------------------------
Ancillary product. A product, such as meal, heads, internal            A
 organs, pectoral girdles, or any other product that may be
 made from the same fish as the primary product.
------------------------------------------------------------------------
Primary product. A product, such as fillets, made from each            P
 fish, with the highest recovery rate.
------------------------------------------------------------------------
Reprocessed or rehandled product. A product, such as meal, that        R
 results from processing a previously reported product or from
 rehandling a previously reported product.
------------------------------------------------------------------------
PACIFIC HALIBUT IFQ & CDQ CODES The following codes are
 authorized for IFQ and CDQ reporting of Pacific halibut.
------------------------------------------------------------------------
Gutted, head off. Belly slit and viscera removed. Pacific             05
 halibut only.
------------------------------------------------------------------------
Gutted, head on. Belly slit and viscera removed. Pacific              04
 halibut.
------------------------------------------------------------------------
The following codes are effective through December 31, 2001.     .......
------------------------------------------------------------------------
Whole fish/food fish with ice & slime. Sablefish only.                51
------------------------------------------------------------------------
Gutted, head on. Belly slit and viscera removed. Pacific              54
 halibut and sablefish.
------------------------------------------------------------------------
Gutted, head off, with ice & slime. Belly slit and viscera            55
 removed. Pacific halibut only.
------------------------------------------------------------------------
Headed and gutted, Western cut, with ice & slime. Sablefish           57
 only.
------------------------------------------------------------------------
Headed and gutted, Eastern cut, with ice & slime. Sablefish           58
 only.
------------------------------------------------------------------------
------------------------------------------------------------------------
\1\ When using whole fish codes, record round weights not product
  weights, even if the whole fish is not used.


[67 FR 4137, Jan. 28, 2002]

 Table 2 to Part 679--Species Codes for FMP Species and non-FMP Species

     (Codes without asterisks are FMP species--Federal groundfish or
Prohibited Species in groundfish fisheries--that must be recorded in R&R
                                systems)
------------------------------------------------------------------------
                      Species description                          Code
------------------------------------------------------------------------
Atka mackerel (greenling)......................................      193
FLOUNDER
  Arrowtooth and/or Kamchatka..................................      121
  Starry.......................................................      129
  Alaska Plaice................................................      133
Octopus........................................................      870
Pacific Cod....................................................      110
Pollock........................................................      270
ROCKFISH
  Aurora.......................................................      185
  Black (BSAI).................................................      142
  Blackgill....................................................      177
  Bocaccio.....................................................      137
  Canary.......................................................      146
  Chilipepper..................................................      178
  China........................................................      149
  Copper.......................................................      138
  Darkblotched.................................................      159
  Dusky........................................................      154
  Greenstriped.................................................      135
  Harlequin....................................................      176
  Northern.....................................................      136
  Pacific Ocean Perch (S. alutus only).........................      141
  Pygmy........................................................      179
  Quillback....................................................      147
  Redbanded....................................................      153
  Redstripe....................................................      158
  Rosethorn....................................................      150
  Rougheye S. Aleutianus.......................................      151
  Sharpchin....................................................      166
  Shortbelly...................................................      181
  Shortraker (S. Borealis).....................................      152
  Silvergray...................................................      157
  Splitnose....................................................      182
  Stripetail...................................................      183
  Thornyhead (all Sebastolobus species)........................      143
  Tiger........................................................      148
  Vermilion....................................................      184
  Widow........................................................      156
  Yelloweye....................................................      145
  Yellowmouth..................................................      175
  Yellowtail...................................................      155
Sablefish (blackcod)...........................................      710
Sculpins.......................................................      160
SHARKS
  general......................................................      689
  Pacific sleeper..............................................      692
  salmon.......................................................      690
  spiny dogfish................................................      691
Skate, longnose................................................      701
Skates, general................................................      700
SOLE
  Butter.......................................................      126
  Dover........................................................      124
  English......................................................      128
  Flathead.....................................................      122
  Petrale......................................................      131
  Rex..........................................................      125
  Rock.........................................................      123
  Sand.........................................................      132
  Yellowfin....................................................      127
Squid..........................................................      875
Turbot, Greenland..............................................      134
FORAGE FISH (all species of the following families)              .......
  Bristlemouths, lightfishes, and anglemouths (family                209
   Gonostomatidae).............................................
  Capelin smelt (family Osmeridae).............................      516
  Deep-sea smelts (family Bathylagidae)........................      773
  Eulachon smelt (family Osmeridae)............................      511
  Gunnels (family Pholidae)....................................      207
  Krill (order Euphausiacea)...................................      800
  Laternfishes (family Myctophidae)............................      772
  Pacific herring (family Clupeidae)...........................      235
  Pacific Sand fish (family Trichodontidae)....................      206
  Pacific Sand lance (family Ammodytidae)......................      774

[[Page 847]]

 
  Pricklebacks, war-bonnets, eelblennys, cockscombs and Shannys      208
   (family Stichaeidae)........................................
  Surf smelt (family Osmeridae)................................      515
GROUP CODES (DO NOT USE FOR SORTING SPECIES. Do not record on    .......
 ADF&G fish tickets).
  Demersal shelf rockfish (china, copper, quillback, rosethorn,      168
   tiger, yellow-eye, canary)..................................
  Miscellaneous flatfish (all flatfish without separate codes).      120
  Pelagic shelf rockfish (dusky, yellowtail, widow)............      169
  Shortraker/rougheye rockfish.................................      171
  Slope rockfish (aurora, blackgill, Bocaccio, redstripe,            144
   silvergray, chili-pepper, dark-blotched, green-striped,
   harlequin, pygmy, redbanded, shortbelly, split-nose,
   stripetail, vermillion, yellowmouth, sharpchin).............
PROHIBITED SPECIES CODES                                         .......
CRAB...........................................................  .......
  Red king.....................................................      921
  Blue king....................................................      922
  Gold/brown king..............................................      923
  Scarlet king.................................................      924
  Bairdi tanner................................................      931
  Opilio Tanner................................................      932
  Tanner, grooved..............................................      933
  Tanner, triangle.............................................      934
  Pacific halibut..............................................      200
  Pacific herring (family Clupeidae)...........................      230
SALMON
  Chinook......................................................      410
  Sockeye......................................................      420
  Coho.........................................................      430
  Pink.........................................................      440
  Chum.........................................................      450
  Steelhead trout..............................................      540
Additional *non-FMP CODES (*These species codes may be recorded  .......
 in NMFS logbooks and reports but are not required by
 regulations of this part.)
  Abalone......................................................      860
  Albacore.....................................................      720
   Arctic char, anadromous.....................................     521*
CLAMS
  Butter.......................................................     810*
  Cockle.......................................................     820*
  Eastern softshell............................................     842*
  Geoduck......................................................     815*
  Little-neck..................................................     840*
  Razor........................................................     830*
  Surf.........................................................     812*
Coral..........................................................     899*
CRAB
  Box..........................................................     900*
  Dungeness....................................................      910
  Korean horsehair.............................................     940*
  Multispine...................................................     951*
  Verrilli.....................................................     953*
  Dolly varden, anadromous.....................................     531*
  Eels or eel-like fish........................................     210*
  Giant grenadier..............................................     214*
  Greenling, kelp..............................................     194*
  Greenling, rock..............................................     191*
  Greenling, whitespot.........................................     192*
  Grenadier (rattail)..........................................     213*
  Jellyfish....................................................     625*
  Lamprey, pacific.............................................     600*
  Lingcod......................................................     130*
  Lumpsucker...................................................     216*
  Mussel, blue.................................................     855*
  Pacific flatnose.............................................     260*
  Pacific hagfish..............................................     212*
  Pacific saury................................................     220*
  Pacific tomcod...............................................     250*
  Prowfish.....................................................     215*
  Rockfish, black..............................................     142*
  Rockfish, blue...............................................     167*
  Sardine, Pacific (pilchard)..................................     170*
  Scallop, weathervane.........................................     850*
  Scallop, pink (or calico)....................................     851*
  Sea cucumber.................................................     895*
  Sea urchin, green............................................     893*
  Sea urchin, red..............................................     892*
  Shad.........................................................     180*
SHRIMP
  Pink.........................................................     961*
  Sidestripe...................................................     962*
  Humpy........................................................     963*
  Coonstripe...................................................     964*
  Spot.........................................................     965*
  Skilfish.....................................................     715*
  Smelt, surf..................................................     515*
  Snails.......................................................     890*
  Sturgeon, general............................................     680*
------------------------------------------------------------------------


[67 FR 4137, Jan. 28, 2002]

[[Page 848]]

 Table 3 to Part 679--Product Recovery Rates for Groundfish Species and 
                  Conversion Rates for Pacific Halibut
[GRAPHIC] [TIFF OMITTED] TR28JA02.074


[[Page 849]]


[GRAPHIC] [TIFF OMITTED] TR10JY02.000


[[Page 850]]


[GRAPHIC] [TIFF OMITTED] TR28JA02.075


[67 FR 4137, Jan. 28, 2002, as amended at 67 FR 46024, July 11, 2002]

[[Page 851]]

Table 4 to Part 679--Steller Sea Lion Protection Areas Pollock Fisheries 
                              Restrictions
[GRAPHIC] [TIFF OMITTED] TR08MY03.000


[[Page 852]]


[GRAPHIC] [TIFF OMITTED] TR08MY03.001


[[Page 853]]


[GRAPHIC] [TIFF OMITTED] TR08MY03.002


[[Page 854]]


[GRAPHIC] [TIFF OMITTED] TR08MY03.003


[[Page 855]]


[GRAPHIC] [TIFF OMITTED] TR08MY03.004


[[Page 856]]


[GRAPHIC] [TIFF OMITTED] TR08MY03.005


[[Page 857]]


[GRAPHIC] [TIFF OMITTED] TR08MY03.006


[68 FR 24618, May 8, 2002]

[[Page 858]]

   Table 5 to Part 679--Steller Sea Lion Protection Areas Pacific Cod 
                         Fisheries Restrictions
[GRAPHIC] [TIFF OMITTED] TR28MY03.114


[[Page 859]]


[GRAPHIC] [TIFF OMITTED] TR28MY03.115


[[Page 860]]


[GRAPHIC] [TIFF OMITTED] TR28MY03.116


[[Page 861]]


[GRAPHIC] [TIFF OMITTED] TR28MY03.117


[[Page 862]]


[GRAPHIC] [TIFF OMITTED] TR28MY03.118


[[Page 863]]


[GRAPHIC] [TIFF OMITTED] TR28MY03.119


[[Page 864]]


[GRAPHIC] [TIFF OMITTED] TR28MY03.120


[[Page 865]]


[GRAPHIC] [TIFF OMITTED] TR28MY03.121


[[Page 866]]


[GRAPHIC] [TIFF OMITTED] TR28MY03.122


[68 FR 31631, May 28, 2003]

[[Page 867]]

  Table 6 to Part 679--Steller Sea Lion Protection Areas Atka Mackerel 
                         Fisheries Restrictions
[GRAPHIC] [TIFF OMITTED] TR08MY03.015


[[Page 868]]


[GRAPHIC] [TIFF OMITTED] TR08MY03.016


[[Page 869]]


[GRAPHIC] [TIFF OMITTED] TR08MY03.017


[[Page 870]]


[GRAPHIC] [TIFF OMITTED] TR08MY03.018


[68 FR 24618, May 8, 2003]

[[Page 871]]

Table 7 to Part 679--Communities Determined to be Eligible to Apply for 
                      Community Development Quotas
[GRAPHIC] [TIFF OMITTED] TR04SE98.006


[63 FR 47375, Sept. 4, 1998]

  Table 8 to Part 679--Harvest Zone Codes for Use With Vessel Activity 
                                 Reports

------------------------------------------------------------------------
      Harvest Zone                          Description
------------------------------------------------------------------------
A1                        BSAI EEZ off Alaska
A2                        GOA EEZ off Alaska
B                         State waters of Alaska
C                         State waters other than 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
------------------------------------------------------------------------


[[Page 872]]


[67 FR 4137, Jan. 28, 2002]

 Table 9 to Part 679--Required Logbooks, Reports, Forms and Electronic 
    Logbook and Reports From Participants in the Federal Groundfish 
                                Fisheries
[GRAPHIC] [TIFF OMITTED] TR02MY02.020


[67 FR 22012, May 2, 2002]

[[Page 873]]

       Table 10 to Part 679--Gulf of Alaska Retainable Percentages
[GRAPHIC] [TIFF OMITTED] TR02MY02.021


[[Page 874]]


[GRAPHIC] [TIFF OMITTED] TR02MY02.022


[[Page 875]]


[GRAPHIC] [TIFF OMITTED] TR02MY02.023


[67 FR 22013, May 2, 2002]

[[Page 876]]

            Table 11 to Part 679--BSAI Retainable Percentages
[GRAPHIC] [TIFF OMITTED] TR18OC02.000


[[Page 877]]


[GRAPHIC] [TIFF OMITTED] TR18OC02.001


[67 FR 64317, Oct. 18, 2002]

[[Page 878]]

     Table 12 to Part 679--Steller Sea Lion Protection Areas 3nm No 
                        Groundfish Fishing Sites
[GRAPHIC] [TIFF OMITTED] TR02JA03.026


[[Page 879]]


[GRAPHIC] [TIFF OMITTED] TR02JA03.027


[68 FR 215, Jan. 2, 2003

                           Table 13 [Reserved]

[[Page 880]]

        Table 14a to Part 679-- Port of Landing Codes: Alaska \1\

------------------------------------------------------------------------
                Port name                  NMFS code      ADF&G code
------------------------------------------------------------------------
  Adak...................................        186  ADA
  Akutan.................................        101  AKU
  Akutan Bay.............................        102  ..................
  Alitak.................................        103  ALI
  Anchor Point...........................        104  ..................
  Anchorage..............................        105  ANC
  Angoon.................................        106  ANG
  Aniak..................................  .........  ANI
  Anvik..................................  .........  ANV
  Atka...................................        107  ATK
  Auke Bay...............................        108  ..................
  Baranof Warm Springs...................        109  ..................
  Beaver Inlet...........................        110  ..................
  Bethel.................................  .........  BET
  Captains Bay...........................        112  ..................
  Chefornak..............................        189  ..................
  Chignik................................        113  CHG
  Chinitna Bay...........................        114  ..................
  Cordova................................        115  COR
  Craig..................................        116  CRG
  Dillingham.............................        117  DIL
  Douglas................................        118  ..................
  Dutch Harbor/Unalaska..................        119  DUT
  Edna Bay...............................        121  ..................
  Egegik.................................        122  EGE
  Ekuk...................................  .........  EKU
  Elfin Cove.............................        123  ELF
  Emmonak................................  .........  EMM
  Excursion Inlet........................        124  XIP
  False Pass.............................        125  FSP
  Fairbanks..............................  .........  FBK
  Galena.................................  .........  GAL
  Glacier Bay............................  .........  GLB
  Glennallen.............................  .........  GLN
  Gustavus...............................        127  GUS
  Haines.................................        128  HNS
  Halibut Cove...........................        130  ..................
  Hollis.................................        131  ..................
  Homer..................................        132  HOM
  Hoonah.................................        133  HNH
  Hooper Bay.............................        188  ..................
  Hydaburg...............................  .........  HYD
  Hyder..................................        134  HDR
  Ikatan Bay.............................        135  ..................
  Juneau.................................        136  JNU
  Kake...................................        137  KAK
  Kaltag.................................  .........  KAL
  Kasilof................................        138  KAS
  Kenai..................................        139  KEN
  Kenai River............................        140  ..................
  Ketchikan..............................        141  KTN
  King Cove..............................        142  KCO
  King Salmon............................        143  KNG
  Kipnuk.................................        144  ..................
  Klawock................................        145  KLA
  Kodiak.................................        146  KOD
  Kotzebue...............................  .........  KOT
  La Conner..............................  .........  LAC
  Mekoryuk...............................        147  ..................
  Metlakatla.............................        148  MET
  Moser Bay..............................  .........  MOS
  Naknek.................................        149  NAK
  Nenana.................................  .........  NEN
  Nikiski (or Nikishka)..................        150  NIK
  Ninilchik..............................        151  NIN
  Nome...................................        152  NOM
  Nunivak Island.........................  .........  NUN
  Old Harbor.............................        153  OLD
  Other Alaska \1\.......................        499  UNK
  Pelican................................        155  PEL
  Petersburg.............................        156  PBG
  Point Baker............................        157  ..................
  Port Alexander.........................        158  PAL
  Port Armstrong.........................  .........  PTA
  Port Bailey............................        159  PTB
  Port Graham............................        160  GRM
  Port Lions.............................  .........  LIO
  Port Moller............................  .........  MOL
  Port Protection........................        161  ..................
  Portage Bay (Petersburg)...............        162  ..................
  Quinhagak..............................        187  ..................
  Resurrection Bay.......................        163  ..................
  Sand Point.............................        164  SPT
  Savoonga...............................        165  ..................
  Seldovia...............................        166  SEL
  Seward.................................        167  SEW
  Sitka..................................        168  SIT
  Skagway................................        169  SKG
  Soldotna...............................  .........  SOL
  St. George.............................        170  STG
  St. Lawrence...........................        171  ..................
  St. Mary...............................  .........  STM
  St. Paul...............................        172  STP
  Tee Harbor.............................        173  ..................
  Tenakee Springs........................        174  TEN
  Thorne Bay.............................        175  ..................
  Togiak.................................        176  TOG
  Toksook Bay............................        177  ..................
  Tununak................................        178  ..................
  Ugadaga Bay............................        179  ..................
  Ugashik................................  .........  UGA
  Unalakleet.............................  .........  UNA
  Valdez.................................        181  VAL
  Wasilla................................  .........  WAS
  West Anchor Cove.......................        182  ..................
  Whittier...............................        183  WHT
  Wrangell...............................        184  WRN
  Yakutat................................        185  YAK
------------------------------------------------------------------------
\1\ To report a landing at a location not currently assigned a location
  code number: use the code for ``Other'' for the state or country at
  which the landing occurs and notify NMFS of the actual location so
  that the list may be updated. For example, to report a landing for
  Levelock, Alaska if there is currently no code assigned, use ``499''
  ``Other, AK''.


[68 FR 44487, July 29, 2003; 68 FR 51712, Aug. 28, 2003]

 Table 14b to Part 679--Port of Landing Codes: Non-Alaska (California, 
                       Oregon, Canada, Washington)

------------------------------------------------------------------------
                 Port name                 NMFS code      ADF&G code
------------------------------------------------------------------------
                CALIFORNIA
 
  Eureka.................................        500  EUR
  Fort Bragg.............................  .........  501
  Other California \1\...................        599  ..................

[[Page 881]]

 
                  CANADA
  Port Edward............................        800  ..................
  Port Hardy.............................        801  ..................
  Prince Rupert..........................        802  PRU
  Vancouver..............................        803  ..................
  Other Canada \1\.......................        899  ..................
                  OREGON
  Astoria................................        600  AST
  Lincoln City...........................        602  ..................
  Newport................................        603  NPT
  Olympia................................  .........  OLY
  Portland...............................  .........  POR
  Warrenton..............................        604  ..................
  Other Oregon \1\.......................        699  ..................
                WASHINGTON
  Anacortes..............................        700  ANA
  Bellevue...............................        701  ..................
  Bellingham.............................        702  ..................
  Blaine.................................  .........  BLA
  Edmonds................................        703  ..................
  Everett................................        704  ..................
  Fox Island.............................        706  ..................
  Ilwaco.................................        707  ..................
  La Conner..............................        708  LAC
  Mercer Island..........................        709  ..................
  Nagai Island...........................        710  ..................
  Port Angeles...........................        711  ..................
  Port Orchard...........................        712  ..................
  Port Townsend..........................        713  ..................
  Rainier................................        714  ..................
  Seattle................................        715  SEA
  Tacoma.................................  .........  TAC
  Other Washington \1\...................        799  ..................
------------------------------------------------------------------------
\1\ To report a landing at a location not currently assigned a location
  code number: use the code for ``Other'' for the state or country at
  which the landing occurs and notify NMFS of the actual location so
  that the list may be updated. For example, to report a landing for
  Levelock, Alaska if there is currently no code assigned, use ``499''
  ``Other, AK''.


[68 FR 44487, July 29, 2003; 68 FR 51712, Aug. 28, 2003]

  Table 15 to Part 679--Gear Codes, Descriptions, and Use (X indicates 
                        where this code is used)

[[Page 882]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Use Numeric Code to Complete the Following:
                                                  NMFS      Electronic WPR &                    --------------------------------------------------------
                Name of Gear                    Logbooks      Check-in/out        Gear Code,         Shoreside
                                                  and           Code\1\            Numeric           Electronic       IFQ Terminal &       ADF&G COAR
                                                Forms\1\                                          Logbook (SPELR)         Forms
--------------------------------------------------------------------------------------------------------------------------------------------------------
Diving                                        ...........                OTH                 11                  X  .................                  X
Dredge                                        ...........                OTH                 22                  X  .................                  X
Dredge, hydro/mechanical                      ...........                OTH                 23                  X  .................                  X
Fish wheel                                    ...........                OTH                 08                  X  .................                  X
Gillnet, drift                                ...........                OTH                 03                  X  .................                  X
Gillnet, herring                              ...........                OTH                 34                  X  .................                  X
Gillnet, set                                  ...........                OTH                 04                  X  .................                  X
Gillnet, sunken                               ...........                OTH                 41                  X  .................                  X
Hand line/jig/troll (IFQ name: hand troll)    ...........              \(1)\                 05                  X                  X                  X
Handpicked                                    ...........                OTH                 12                  X  .................                  X
Hatchery                                      ...........                n/a                 77                  X  .................                  X
Hook-and-line                                           X                HAL                 61                  X                  X                  X
Jig, mechanical (IFQ name: jigs)                        X                JIG                 26                  X                  X                  X
Net,dip                                       ...........                OTH                 13                  X  .................                  X
Net,ring                                      ...........                OTH                 10                  X  .................                  X
Other/specify                                           X                OTH                 99                  X  .................                  X
Pair Trawl                                    ...........  .................                 37  .................  .................                  X
Pot                                                     X                POT                 91                  X                  X                  X
Pound                                         ...........                OTH                 21                  X  .................                  X
Seine,purse                                   ...........                OTH                 01                  X  .................                  X
Seine,beach                                   ...........                OTH                 02                  X  .................                  X
Shovel                                        ...........                OTH                 18                  X  .................                  X
Trap                                          ...........                OTH                 90                  X  .................                  X
Trawl, beam                                   ...........              \(1)\                 17                  X  .................                  X
Trawl, double otter                           ...........              \(1)\                 27                  X  .................                  X
Trawl, nonpelagic/bottom                                X                NPT                 07                  X  .................                  X
Trawl, pelagic/midwater                                 X                PTR                 47                  X  .................                  X
Troll, dinglebar                                        X              TROLL                 25                  X                  X                  X
Troll, power gurdy                                      X              TROLL                 15                  X                  X                  X
Weir                                          ...........                OTH                 14                  X  .................                  X
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For logbooks, forms, electronic WPR, electronic check-in/out reports: all trawl gear must be reported as either nonpelagic or pelagic trawl


[[Page 883]]


[66 FR 55125, Nov. 1, 2001]

Table 16 to Part 679--Area Codes and Descriptions for Use With State of 
         Alaska ADF&G Commercial Operator's Annual Report (COAR)

----------------------------------------------------------------------------------------------------------------
                                                                                      ADF&G
                                                                                    Fisheries   Area Description
                COAR: Name (Code)                              Species             Management       in ADF&G
                                                                                      Areas       Regulations
----------------------------------------------------------------------------------------------------------------
Alaska Peninsula                                   King Crab:....................         M         5 AAC 34.500
South Peninsula (MS)                               AK Peninsula/Aleutian Islands          M         5 AAC 12.100
North Peninsula (MN)                                Salmon.                               M          (Aleutians)
                                                                                                5 AAC 09.100 (AK
                                                                                                      Peninsula)
                                                   Herring.......................         M         5 AAC 27.600
Bering Sea:                                        Bering Sea King Crab..........         Q         5 AAC 34.900
Pribilof Island (Q1)                               Bering Sea/Kotzebue Herring...         Q         5 AAC 27.900
St. Matthew Island Q2)
St. Lawrence Island (Q4)
Bristol Bay (T)                                    King Crab.....................         T         5 AAC 34.800
                                                   Salmon........................         T         5 AAC 06.100
                                                   Herring.......................         T         5 AAC 27.800
Chignik (L)                                        Groundfish....................         L         5 AAC 28.500
                                                   Herring.......................         L         5 AAC 27.550
                                                   Salmon........................         L         5 AAC 15.100
Cook Inlet:                                        Groundfish....................         H         5 AAC 28.300
Lower Cook Inlet (HL)                              Herring.......................         H          5 AA 27.400
Upper Cook Inlet (HU)                              Cook Inlet Shrimp.............         H         5 AAC 31.300
                                                   Outer Cook Inlet Shrimp.......         H          5 AA 31.400
                                                   Dungeness Crab................         H          5 AA 32.300
                                                   King Crab.....................         H          5 AA 34.300
                                                   Tanner Crab...................         H          5 AA 35.400
                                                   Miscellaneous Shellfish.......         H          5 AA 38.300
                                                   Salmon........................         H          5 AA 21.100
Dutch Harbor (O)                                   Aleutian Islands King Crab....         O          5 AA 34.600
EEZ (Federal waters of BSAI (FB)                   Groundfish....................       n/a                  n/a
GOA (FG)                                           Atka-Amlia Islands Salmon.....       n/a        5 AAC 11.1010
Kodiak (western GOA) (K)                           Groundfish....................         K         5 AAC 28.400
                                                   Herring.......................         K         5 AAC 27.500
                                                   King Crab.....................         K         5 AAC 34.400
                                                   Salmon........................         K         5 AAC 18.100
                                                   Shrimp........................         J         5 AAC 31.500
                                                   Dungeness Crab................         J         5 AAC 32.400
                                                   Tanner Crab...................         J         5 AAC 35.500
                                                   Miscellaneous Shellfish.......         J         5 AAC 38.400
Kotzebue (X)                                       Salmon........................         X         5 AAC 03.100
Kuskokwim:                                         Salmon........................         W         5 AAC 07.100
Kuskokwim River/Bay (W1)                           Herring.......................         W          5AAC 27.870
Security Cove (W2)
Goodnews Bay (W3)
Nelson Island (W4)
Ninivak Island (W5)
Cape Avinof (W6)
Norton Sound (Z)                                   Norton Sound-Port Clarence             Z         5 AAC 04.100
                                                    Salmon.
                                                   Norton Sound-Port Clarence
                                                    King Crab.
Prince William Sound (E)                           Groundfish....................         E         5 AAC 28.200
                                                   Herring.......................         E         5 AAC 27.300
                                                   Shrimp........................         E         5 AAC 31.200
                                                   Dungeness Crab................         E         5 AAC 32.200
                                                   King Crab.....................         E         5 AAC 34.200
                                                   Tanner Crab...................         E         5 AAC 35.300
                                                   Miscellaneous Shellfish.......         E         5 AAC 38.200
                                                   Salmon........................         E         5 AAC 24.100

[[Page 884]]

 
Southeast:                                         Groundfish....................         A         5 AAC 28.100
Juneau/Haines (A1)                                 Southeast (w/o Yakutat)                A         5 AAC 27.100
Yakutat (A2)                                        Herring.                              D         5 AAC 27.200
 Ketchikan/Craig (B)                               Yakutat Herring...............         A         5 AAC 31.100
Petersburg/Wrangell (C)                            Southeast (w/o Yakutat) Shrimp         D         5 AAC 31.150
Sitka/Pelican (D)                                  Yakutat Shrimp................         A         5 AAC 32.100
                                                   Southeast (w/o Yakutat)                D         5 AAC 32.155
                                                    Dungeness Crab.                       A         5 AAC 34.100
                                                   Yakutat Dungeness Crab........         D         5 AAC 34.160
                                                   Southeast (w/o Yakutat)                A         5 AAC 35.100
                                                    Dungeness, King Crab.                 D         5 AAC 35.160
                                                   Yakutat King Crab.............         A         5 AAC 38.100
                                                   Southeast (w/o Yakutat) Tanner         D         5 AAC 38.160
                                                    Crab.                                 A         5 AAC 33.100
                                                   Yakutat Tanner Crab...........         D         5 AAC 29.010
                                                   Southeast (w/o Yakutat)                          5 AAC 30.100
                                                    Miscellaneous Shellfish.
                                                   Yakutat Miscellaneous
                                                    Shellfish.
                                                   Southeast (w/o Yakutat) Salmon
                                                   Yakutat Salmon................
Yukon River:                                       Yukon-Northern Salmon.........         Y         5 AAC 05.100
Lower Yukon (YL)
Upper Yukon (YU)
----------------------------------------------------------------------------------------------------------------


[66 FR 55126, Nov. 1, 2001]

    Table 17 to Part 679--Process Codes for Use With State of Alaska 
               Commercial Operator's Annual Report (COAR)

------------------------------------------------------------------------
             Codes                    Process Codes and Description
------------------------------------------------------------------------
Prefix Codes                                                     1-Fresh
                                                                2-Frozen
                                                         3-Salted/brined
                                                                4-Smoked
                                                                5-Canned
                                                                6-Cooked
                                                                  7-Live
                                                                   8-Dry
                                                               9-Pickled
                                                               11-Minced
Suffix Codes                                                   0-General
                                                          1-Canned Conv.
                                                         2-Canned smoked
                                                         8-Vacuum packed
                                                                 B-Block
                                    I-Individual quick frozen (IQF) pack
                                                          S-Shatter pack
------------------------------------------------------------------------


[66 FR 43527, Aug. 20, 2001]

[[Page 885]]

Table 18 to Part 679-- Required Buying and Production Forms for use With 
       State of Alaska Commercial Operator's Annual Report (COAR)

------------------------------------------------------------------------
                  Fishery                       Form Number and Name
------------------------------------------------------------------------
Salmon                                      Salmon Buying
                                            (A)(1) Seine gear
                                            (A)(1) Gillnet gear
                                            (A)(2) Troll gear
                                            (A)(2) Hatchery
                                            (A)(3) Miscellaneous gear
                                            King Salmon Production
                                            (B)(1) Production
                                            (B)(1) Canned Production
                                            Sockeye Salmon Production:
                                            (B)(2)(i) Production
                                            (B)(2)(ii) Canned Production
                                            Coho Salmon Production
                                            (B)(3)(i) Production
                                            (B)(3)(ii) Canned Production
                                            Pink Salmon Production
                                            (B)(4)(i) Production
                                            (B)(4)(ii) Canned Production
                                            Chum Salmon Production
                                            (B)(5)(i) Production
                                            (B)(5)(ii) Canned Production
                                            Salmon Roe & Byproduct
                                             Production
                                            (B)(6)(i) Roe
                                            (B)(6)(ii) Byproduct
                                             Production
Herring                                     Herring Buying
                                            (C)(1)(i) Seine gear
                                            (C)(1)(ii) Gillnet gear
                                            (C)(2)(i) Gillnet gear
                                            (C)(2)(ii) Pound gear
                                            (C)(2)(iii) Hand-pick gear
                                            Herring Production
                                            (D)(1)(i) Production
                                            (D)(1)(ii) Byproduct
                                             Production
Crab                                        (E)Crab Buying
                                            (F) Crab Production
Shrimp/Miscellaneous Shellfish              (G)Shrimp/Misc.Shellfish
                                             Buying
                                            (G)(1)(i) Trawl gear
                                            (G)(1)(ii) Pot gear
                                            (G)(1)(iii) Diving/picked
                                             gear
                                            (G)(1)(iv) Other gear
                                             (specify)
                                            (H) Shrimp/Misc. Shellfish/
                                             Finfish Production
Groundfish                                  (I)(1) Groundfish Buying
                                            (I)(2) Groundfish Buying
                                            (J)(1) Groundfish Production
                                            (J)(2) Groundfish Production
Halibut                                     (K) Halibut Buying &
                                             Production
Custom Production                           Custom Production
                                            (L)(1) Associated Processors
                                            (L)(1)(i) Custom Fresh/
                                             Frozen
                                            (L)(1)(ii) Misc. production
                                            (L)(1)(iii) Custom Canned
                                             Production
                                            (L)(2) (additional sheet)
PRICES NOT FINAL                            (M)(1) Fish Buying Retro
                                             Payments
                                            (M)(2) Post-season
                                             Adjustments
------------------------------------------------------------------------


[66 FR 55128, Nov. 1, 2001]

           Table 19 to Part 679--Seabird Avoidance Gear Codes

------------------------------------------------------------------------
             Code                        Seabird Avoidance Gear
------------------------------------------------------------------------
1                              Bird streamer line. Tow a streamer line
                                or lines during deployment of gear to
                                prevent birds from taking hooks.
                                Streamer line consists of three
                                components: a length of line, streamers
                                attached along a portion of the lenght
                                and one or more float devices at the
                                terminal end. This device can be single
                                or paired.
2                              Buoy bag, bird bag, or other float
                                device. Tow a buoy, board, stick or
                                other device during deployment of gear,
                                at a distance appropriate to prevent
                                birds from taking baited hooks. Each of
                                these devices consist of two components:
                                a length of line (without streamers
                                attached), and one or more float devices
                                at the terminal end. Multiple devices
                                may be used.
3                              Lining tube and /or line shooter. Deploy
                                hooks underwater through a lining tube
                                at a depth sufficient to prevent birds
                                from settling on hooks during deployment
                                of gear.
4                              Combination of devices. Any combination
                                of the above devices (codes 1, 2, and /
                                or 3).
9                              No bird deterrent device deployed.
0                              Night fishing Deploy gear only during the
                                hours specified in Sec.  679.24 (e)(3)
                                using only the minium vessel's lights
                                necessary for safety.
------------------------------------------------------------------------


[67 FR 4137, Jan. 28, 2002]

[[Page 886]]

                           Table 20 [Reserved]



PART 697--ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT--Table of Contents




                      Subpart A--General Provisions

Sec.
697.1 Purpose and scope.
697.2 Definitions.
697.3 Relation to other Federal and state laws.
697.4 Vessel permits and trap tags.
697.5 Operator permits.
697.6 Dealer permits.
697.7 Prohibitions.
697.8 Vessel identification.
697.9 Facilitation of enforcement.
697.10 Penalties.
697.11 Civil procedures.
697.12 At-sea sea sampler/observer coverage.

                     Subpart B--Management Measures

697.17 Non-trap harvest restrictions.
697.18 Lobster management areas.
697.19 Trap limits and trap tag requirements for vessels fishing with 
          lobster traps.
697.20 Size, harvesting and landing requirements.
697.21 Gear identification and marking, escape vent, maximum trap size, 
          and ghost panel requirements.
697.22 Exempted fishing.
697.23 Restricted gear areas.
697.24 Exempted waters for Maine State American lobster permits.
697.25 Adjustment to management measures.
697.26 EEZ Nearshore Management Area 5 Trap Waiver.

           Table 1 to Part 697--Area 3 Trap Reduction Schedule

    Authority: 16 U.S.C. 1851 note; 16 U.S.C. 5101 et seq.

    Source: 64 FR 68248, Dec. 6, 1999, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 697.1  Purpose and scope.

    The regulations in this part are issued under the authority of 
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.

    (a) In addition to the definitions in the Magnuson-Stevens Act and 
in Secs. 600.10 and 648.2 of this chapter, for the purposes of this 
part, the following terms have the following meanings:
    American lobster or lobster means Homarus americanus.
    Approved TED means any approved TED as defined at Sec. 217.12 of 
this title.
    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.
    Berried female means a female American lobster bearing eggs attached 
to the abdominal appendages.
    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[min] N. lat., 71[deg]33.1[min] 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.
    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.
    Certified BRD means any BRD, as defined in part 622, Appendix D of 
this chapter: Specifications for Certified BRDs.
    Charter or head boat means any vessel carrying fishing persons or 
parties for a per capita fee, for a charter fee, or any other type of 
fee.
    Commercial dive vessel means any vessel carrying divers for a per 
capita fee, a charter fee, or any other type of fee.
    Commercial purposes means for the purpose of selling, trading, 
transferring, or bartering all or part of the fish harvested.
    Commission means the Atlantic States Marine Fisheries Commission

[[Page 887]]

established under the interstate compact consented to and approved by 
Congress in Pub. L. 77-539 and Pub. L. 81-721.
    Conservation equivalency means a measure adopted by a state that 
differs from the specific requirements of an interstate fishery 
management plan, but achieves the same level of conservation for the 
resource under management.
    Continuous transit means that a vessel does not have fishing gear in 
the water and remains continuously underway.
    CPH means Confirmation of Permit History.
    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.
    Cull American lobster means a whole American lobster that is missing 
one or both claws.
    Dealer means any person who receives, for a commercial purpose 
(other than solely for transport on land), any species of fish, the 
harvest of which is managed by this part, from the owner or operator of 
a vessel issued a valid permit under this part, or any person who 
receives, for a commercial purpose (other than solely for transport on 
land), any species of fish managed under this part.
    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.
    Dredge means a gear consisting of a mouth frame attached to a 
holding bag constructed of metal rings or mesh.
    Egg Production Rebuilding Schedule means the schedule identified in 
section 2.5 of Amendment 3 to the Commission's ISFMP.
    Escape vent means an opening in a lobster trap designed to allow 
lobster smaller than the legal minimum size to escape from the trap.
    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, for the American lobster fishery, from May 1 
through April 30 of the following year.
    Flynet means any trawl net, except shrimp trawl nets containing 
certified BRDs and approved TEDs, when required under Sec. 227.72(e)(2) 
of this title, 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 
Sec. 227.72 (e)(2) of this title.
    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.
    Horseshoe crab means members of stocks or populations of the species 
Limulus polyphemus.
    ISFMP means the Commission's Interstate Fishery Management Plan for 
American Lobster, as amended.
    Land means to begin offloading fish, to offload fish, or to enter 
port with fish.
    Lobster day-at-sea with respect to the American lobster fishery 
means each 24-hour period 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 American lobster.
    Lobster permit means a Federal limited access American lobster 
permit.
    Lobster trap means any structure or other device, other than a net, 
that is placed, or designed to be placed, on the ocean bottom and is 
designed for or is capable of, catching lobsters. Red crab fishing gear, 
fished deeper than 200 fathoms (365.8 m), and fishing gear fished by a 
vessel not issued a limited access lobster permit under Sec.  697.4(a), 
are gear deemed not to be lobster traps for the purpose of this part, 
and are not subject to the provisions of this part.
    Lobster trap trawl means 2 or more lobster traps, all attached to a 
single ground line.
    Management area means each of the geographical areas identified in 
this part for management purposes under the lobster ISFMP.
    Montauk light means the aid to navigation light located at Montauk 
Point, NY, and defined as follows: Located at 41[deg]04.3[min] N. lat., 
71[deg]51.5[min] W. long.; is

[[Page 888]]

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. A part of a 
lobster counts as one lobster.
    Point Judith Light means the aid to navigation light located at 
Point Judith, RI, and defined as follows: Located at 41[deg]21.7[min] N. 
lat., 71[deg]28.9[min] W. long.; is 65 ft (19.8 m) above the water; and 
is shown from an octagonal tower 51 ft (15.5 m) high.
    Qualifying year means any calendar year during the period from March 
25, 1991, through September 1, 1999, excluding the time periods in 
calendar years 1991 and 1999 that are outside the qualification period 
(i.e., January 1, 1991 through March 24, 1991, and September 2, 1999, 
through December 31, 1999), and refers to the specific year selected by 
the applicant for the purposes of qualifying for access to the lobster 
trap fishery in Areas 3, 4 and/or 5 under the requirements set forth in 
697.4(a)(7)(vi-x).
    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 head boats and 
commercial dive vessels are not considered recreational fishing vessels.
    Regional Administrator means the Regional Administrator, Northeast 
Region, NMFS, or a designee.
    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.
    Sea sampler/observer means any person required or authorized to be 
carried on a vessel for conservation and management purposes by 
regulations or permits.
    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 
in Sec. 622.2 of this chapter, that is rigged for fishing and has a 
headrope length longer than 16 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 means Turtle Excluder Device, which is a device designed to be 
installed in a trawl net forward of the codend for the purpose of 
excluding sea turtles from the net.
    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.
    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), or any female American lobster that is 
mutilated in a manner that could hide or obliterate such a mark.
    V-shaped notch means a straight-sided triangular cut, without setal 
hairs, at least \1/4\ inch (0.64 cm) in depth and tapering to a point.
    Weakfish means members of the stock or population of the species 
Cynoscion regalis, found along the Atlantic Coast from southern Florida 
to Massachusetts Bay.
    Whole American lobster means a lobster with an intact and measurable 
body (tail and carapace). An American lobster with an intact and 
measurable body that is missing one or both claws, i.e., a cull lobster, 
is considered to be a whole American lobster.
    (b) [Reserved]

[64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001; 66 
FR 14501, Mar. 13, 2001; 68 FR 14925, Mar. 27, 2003]



Sec. 697.3  Relation to other Federal and state laws.

    (a) The provisions of sections 307 through 311 of the Magnuson-
Stevens Act, as amended, regarding prohibited acts, civil penalties, 
criminal offenses,

[[Page 889]]

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.
    (b) The relation of this part to other laws is set forth in 
Sec. 600.705 of this chapter.
    (c) 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 and American lobster fishing. 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 or measure.



Sec. 697.4  Vessel permits and trap tags.

    (a) Limited access American lobster permit. 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 lobster permit. This requirement does not apply 
to: charter, head, and commercial dive vessels that possess six or fewer 
American lobsters per person aboard the vessel if such lobsters are not 
intended for, nor used, in trade, barter or sale; recreational fishing 
vessels; and vessels that fish exclusively in state waters for American 
lobster.
    (1) Eligibility in 1999 and thereafter. To be eligible for issuance 
or renewal of a Federal limited access lobster permit for fishing year 
1999 and thereafter, a vessel must:
    (i) Have been issued a Federal limited access lobster permit for the 
preceding fishing year by the last day of such fishing year unless a CPH 
has been issued as specified in paragraph (a)(5) of this section or 
unless otherwise authorized by the Regional Administrator;
    (ii) Be replacing a vessel that was issued a Federal limited access 
lobster permit for the preceding year; or
    (iii) Be replacing a vessel issued a CPH.
    (2) Qualification restriction. Unless the Regional Administrator 
determines otherwise, no more than one vessel may qualify, at any one 
time, for a Federal limited access 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 permit, based on one 
vessel's fishing and permit history, the Regional Administrator will 
determine who is eligible for the permit or a CPH under paragraph (a)(3) 
of this section.
    (3) Change in ownership. The fishing and permit history, and 
management area designation, when required 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, and management area designation, for the 
purposes of replacing the vessel.
    (4) Consolidation restriction. Federal limited access American 
lobster permits, and any rights or privileges associated thereto, may 
not be combined or consolidated.
    (5) 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 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

[[Page 890]]

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 (o) 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 been 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 means 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 (c) of this section.
    (6) Restriction on permit splitting. A Federal limited access 
lobster permit will not be issued to a vessel or its replacement, or 
remain valid, if the vessels' permit or fishing history has been used to 
qualify another vessel for another Federal fishery.
    (7) Management area designations for vessels fishing with traps. (i) 
For fishing year 2000 and beyond, it is unlawful for vessels issued a 
limited access American lobster permit fishing with traps, to retain on 
board, land, or possess American lobster in or from the management areas 
specified in Sec. 697.18, unless such fishing vessel has been issued a 
valid management area designation certificate or valid limited access 
American lobster permit specifying such management area(s).
    (ii) Each owner of a fishing vessel that fishes with traps capable 
of catching American lobster must declare to NMFS in his/her annual 
application for permit renewal which management areas, as described in 
Sec. 697.18, the vessel will fish in for lobster with trap gear during 
that fishing season. The ability to declare into Lobster Conservation 
Management Areas 3, 4 and/or 5, however, will be first contingent upon a 
one time initial qualification as set forth in paragraphs (a)(7)(vi) 
through (a)(7)(viii).
    (iii) A lobster management area designation certificate or limited 
access American lobster permit shall specify in which lobster management 
area or areas the vessel may fish.
    (iv) Once a vessel has been issued a lobster management area 
designation certificate or limited access American lobster permit 
specifying the lobster EEZ management areas in which the vessel may 
fish, no changes to the EEZ management areas specified may be made for 
such vessel for the remainder of the fishing year unless such vessel 
becomes a replacement vessel for another qualified vessel.
    (v) A vessel issued a lobster management area designation 
certificate or limited access American lobster permit specifying more 
than one EEZ management area must abide by the most restrictive 
management measures in effect for any one of the specified areas, 
regardless of the area being fished, for the entire fishing year.
    (vi) Participation requirements for EEZ Offshore Management Area 3 
(Area 3). To fish for lobster with traps in Area 3, a Federal lobster 
permit holder must initially qualify into the area. To qualify, the 
permit holder seeking initial qualification must satisfy the following 
requirements in an application to the Regional Administrator:
    (A) Qualification criteria. To initially qualify into Area 3, the 
applicant must establish with documenting proof the following:
    (1) That the applicant possesses a current Federal lobster permit;
    (2) That at least 200 lobster traps were set, allowed to soak, 
hauled back, and re-set in Area 3 by the qualifying vessel during a 
period of two consecutive calendar months in any calendar year during 
the period from March 25, 1991, through September 1, 1999, excluding the 
time period in calendar years 1991 and 1999 that are outside the 
qualification period (i.e., January 1, 1991 through March 24, 1991 and 
September 2, 1999 through December 31, 1999);
    (3) That at least 25,000 lb (11,340 kg) of lobster were landed by 
the qualifying vessel from any location during the

[[Page 891]]

qualifying year selected in paragraph (9)(7)(vi)(A)(2).
    (B) Trap allocation criteria. A qualified applicant must also 
establish with documentary proof the number of lobster traps fished by 
the qualifying vessel in Area 3 during the qualifying year. To the 
extent that the documentation so establishes, the Regional Administrator 
will then allocate a maximum number of lobster traps with which to fish 
in Area 3 as it relates to the sliding scale set forth in Sec. 697.19.
    (C) Documentary proof. To satisfy the Area 3 Initial Qualification 
and Trap Allocation Criteria set forth in paragraphs (9)(7)(vi)(A) and 
(B) of this section, the applicants will be limited to the following 
documentary proof:
    (1) As proof of a valid Federal lobster permit, the applicant must 
provide a copy of the vessel's current Federal lobster permit. The 
potential qualifier may, in lieu of providing a copy, provide NMFS with 
such data that would allow NMFS to identify the current permit holder in 
its data base, which would at a minimum include: the applicant's name 
and address, vessel name and permit number;
    (2) As proof of 200 trap/two consecutive month criterion, the 
applicant must provide - to the extent that the document(s) clearly and 
credibly establishes this criterion - one or more of the following types 
of documentation: copies of Federal Fishing Vessel Trip Reports (NOAA 
Form 88-30), Federal Port Agent Vessel Interview forms (NOAA Form 88-
30), Federal Sea Sampling Observer Reports or a Federal Fishing Vessel 
and Gear Damage Compensation Fund Report (NOAA Form 88-176); personal 
vessel logbooks; state permit applications; and/or official state 
reporting documentation showing the number of lobster traps fished, 
including, but not limited to, state report cards, state vessel 
interview forms, license application forms, state sea sampling observer 
reports, and catch reports. These documents must have been created on or 
about the time of activity stated in the document. NMFS will not accept 
recent vessel log book entries or other recently created documents 
identified in this part as proof of fishing activity that occurred in 
prior years;
    (3) As proof that 25,000 lb (11,340 kg) of lobster were landed the 
applicant must provide - to the extent that the document(s) clearly and 
credibly establishes this criterion - one or more of the following types 
of documentation:copies of Federal Fishing Vessel Trip Reports (NOAA 
Form 88-30), Federal Port Agent Vessel Interview forms (NOAA Form 88-30) 
or Federal Sea Sampling Observer Reports; personal vessel logbooks; 
official state reporting documentation showing the pounds of lobster 
landed, including, but not limited to, state report cards, state vessel 
interview forms, state sea sampling observer reports, and catch reports; 
and/or sales receipts or landing slips. These documents must have been 
created on or about the time of activity stated in the document. NMFS 
will not accept recent vessel log book entries or other recently created 
documents identified in this part as proof of fishing activity that 
occurred in prior years;
    (4) As proof of the number of traps fished during the qualifying 
year, NOAA Fisheries will accept to the extent that the document(s) 
clearly and credibly establishes this criterion one or more of the 
following types of documentation:copies of Federal Fishing Vessel Trip 
Reports (NOAA Form 88-30); Federal Port Agent Vessel Interview Forms 
(NOAA Form 88-30); Federal Sea Sampling Observer Reports; Federal 
Fishing Vessel and Gear Damage Compensation Fund Reports (NOAA Form 88-
176); personal vessel logbooks; tax returns and sales receipts; state 
permit applications; and/or official state reporting documentation 
showing the number of traps fished, including, but not limited to, state 
report cards, state vessel interview forms, license application forms, 
state sea sampling observer reports, and catch reports. Documentation 
may represent the number of traps fished during any point in the 
qualifying year and does not necessarily need to represent the 2-
consecutive month period used in paragraph (a)(7)(vi)(C)(2) of this 
section. These documents must have been created on or about the time of 
the activity stated in the document. NMFS will not accept recent vessel 
log book entries or other recently created documents identified in this 
part as

[[Page 892]]

proof of fishing activity that occurred in prior years;
    (5) All applicants must further provide a signed cover letter that 
identifies the documents provided and which qualifying and trap 
allocation criteria the documents are being used to establish;
    (6) All applicants must further provide an affidavit attesting under 
the penalties of perjury that each aspect of each of the qualification 
and trap allocation criteria has been met and the submitted supporting 
documentation is truthful, accurate and created contemporaneously with 
the dates identified on the documents. Specifically, each affidavit must 
attest in separate and specific paragraphs:
    (i) The name, address, lobster permit number and vessel of the 
applicant;
    (ii) That at least 200 lobster traps were set, allowed to soak, 
hauled back and re-set during the 2-month period in the qualifying year 
in the area being selected by the applicant, identifying those months 
and that year and further identifying which documents are being offered 
as proof of such;
    (iii) That at least 25,000 lb (11,340 kg) of lobster were landed 
during the qualifying year by the vessel, identifying that year and 
further identifying which documents are being offered as proof of such;
    (iv) The total number of traps set in the qualifying area during the 
qualifying year, identifying that area and year, and further identifying 
which documents are being offered as proof of such; and
    (v) That the submitted documents in support of these claims are 
truthful, accurate and created during the qualifying year.
    (7) All documents and submissions must be legible. Illegible 
documents or submissions will not be considered;
    (8) The Regional Administrator may, at his or her discretion, waive 
documentary obligations for certain elements of the qualification 
criteria for an applicant if NMFS itself has clear and credible evidence 
that would satisfy that qualification criteria for the applicant;
    (9) At the discretion of the Regional Administrator, all submitted 
documentation must be accompanied by a completed NMFS Lobster Historical 
Participation Application Form.
    (10) Applicants must retain copies of all the application materials 
and documentation submitted to NMFS while the application is pending.
    (D) Application period. The time period for submitting a historical 
qualification and trap allocation application begins on the date 30 days 
after publication of this final rule (application period start date) and 
ends December 31, 2003.
    (1) Earlier submissions. Applicants who submit their applications to 
the Regional Administrator by July 31, 2003 (or in less than 60 days 
after the application period start date, whichever is later) will be 
eligible to receive a temporary interim permit that would allow the 
vessel to continue fishing with traps in Area 3 at existing levels 
during the 2003 fishing season while NMFS processes the application. 
After processing and reaching a decision on this earlier submitted 
application, the Regional Administrator may then issue a revised permit 
that will indicate the vessel's Area 3 eligibility and trap allocation. 
This revised permit will supersede the temporary interim permit and be 
effective immediately.
    (2) Later submissions. Applicants who submit their applications to 
the Regional Administrator after July 31, 2003 (or more than 60 days 
after the application period start date, whichever is later), will not 
be eligible to receive a temporary interim permit that would allow 
continued fishing in Area 3 while NMFS processes the application. Even 
though they may be deemed qualified, applicants submitting applications 
in this later time period will not be eligible to fish in Area 3 until 
the 2004 fishing season.
    (vii) Participation requirements for EEZ Nearshore Management Area 4 
(Area 4). To fish for lobster with traps in Area 4, a Federal lobster 
permit holder must initially qualify into the area. To qualify, the 
permit holder seeking initial qualification must satisfy the following 
requirements in an application to the Regional Administrator:
    (A) Qualification criteria. To initially qualify into Area 4, the 
applicant must establish with documenting proof the following:

[[Page 893]]

    (1) That the applicant possesses a current Federal lobster permit;
    (2) That at least 200 lobster traps were set, allowed to soak, 
hauled back, and re-set in Area 4 by the qualifying vessel during a 
period of two consecutive calendar months in any calendar year during 
the period from March 25, 1991, through September 1, 1999, excluding the 
time period in calendar years 1991 and 1999 that are outside the 
qualification period (i.e., January 1, 1991 through March 24, 1991 and 
September 2, 1999 through December 31, 1999).
    (B) Trap allocation criteria. A qualified applicant must also 
establish with documentary proof the number of lobster traps fished by 
the qualifying vessel in Area 4 during the qualifying year. To the 
extent that the documentation so establishes, the Regional Administrator 
will then allocate a maximum number of lobster traps with which to fish 
in Area 4, not to exceed 1,440 traps.
    (C) Documentary proof. To satisfy the Area 4 Initial Qualification 
and Trap Allocation Criteria set forth in paragraphs (A) and (B) of this 
section, the applicants will be limited to the following documentary 
proof:
    (1) As proof of a valid Federal lobster permit, the applicant must 
provide a copy of the vessel's current Federal lobster permit. The 
potential qualifier may, in lieu of providing a copy, provide NMFS with 
such data that would allow NMFS to identify the current permit holder in 
its data base, which would at a minimum include: the applicant's name 
and address, vessel name and permit number;
    (2) As proof of 200 trap/two consecutive month criterion, the 
applicant must provide - to the extent that the document(s) clearly and 
credibly establishes this criterion - one or more of the following types 
of documentation:Copies of Federal Fishing Vessel Trip Reports (NOAA 
Form 88-30), Federal Port Agent Vessel Interview forms (NOAA Form 88-
30), Federal Sea Sampling Observer Reports or a Federal Fishing Vessel 
and Gear Damage Compensation Fund Report (NOAA Form 88-176); personal 
vessel logbooks; state permit applications; and/or official state 
reporting documentation showing the number of lobster traps fished, 
including, but not limited to, state report cards, state vessel 
interview forms, license application forms, state sea sampling observer 
reports, and catch reports. These documents must have been created on or 
about the time of activity stated in the document. NMFS will not accept 
recent vessel log book entries or other recently created documents 
identified in this part as proof of fishing activity that occurred in 
prior years;
    (3) As proof of the number of traps fished during the qualifying 
year, NOAA Fisheries will accept to the extent that the document(s) 
clearly and credibly establishes this criterion - one or more of the 
following types of documentation:Copies of Federal Fishing Vessel Trip 
Reports (NOAA Form 88-30); Federal Port Agent Vessel Interview Forms 
(NOAA Form 88-30); Federal Sea Sampling Observer Reports; Federal 
Fishing Vessel and Gear Damage Compensation Fund Reports (NOAA Form 88-
176); personal vessel logbooks; tax returns and sales receipts; state 
permit applications; and/or official state reporting documentation 
showing the number of traps fished, including, but not limited to, state 
report cards, state vessel interview forms, license application forms, 
state sea sampling observer reports, and catch reports. Documentation 
may represent the number of traps fished during any point in the 
qualifying year and does not necessarily need to represent the 2-
consecutive month period used in paragraph (a)(7)(vii)(C)(2) of this 
section. These documents must have been created on or about the time of 
the activity stated in the document. NMFS will not accept recent vessel 
log book entries or other recently created documents identified in this 
part as proof of fishing activity that occurred in prior years;
    (4) All applicants must further provide a signed cover letter that 
identifies the documents provided and which qualifying and trap 
allocation criteria the documents are being used to establish;
    (5) All applicants must further provide an affidavit attesting under 
the penalties of perjury that each aspect of each of the qualification 
and trap allocation criteria has been met and the submitted supporting 
documentation is

[[Page 894]]

truthful, accurate and created contemporaneously with the dates 
identified on the documents. Specifically, each affidavit must attest in 
separate and specific paragraphs:
    (i) The name, address, lobster permit number and vessel of the 
applicant;
    (ii) That at least 200 lobster traps were set, allowed to soak, 
hauled back and re-set during the two month period in the qualifying 
year in the area being selected by the applicant, identifying those 
months and that year and further identifying which documents are being 
offered as proof of such;
    (iii) The total number of traps set in the qualifying area during 
the qualifying year, identifying that area and year, and further 
identifying which documents are being offered as proof of such; and
    (iv) That the submitted documents in support of these claims are 
truthful, accurate and created during the qualifying year.
    (6) All documents and submissions must be legible. Illegible 
documents or submissions will not be considered;
    (7) The Regional Administrator may, at his or her discretion, waive 
documentary obligations for certain elements of the qualification 
criteria for an applicant if NMFS itself has clear and credible evidence 
that would satisfy that qualification criteria for the applicant;
    (8) At the discretion of the Regional Administrator, all submitted 
documentation must be accompanied by a completed NMFS Lobster Historical 
Participation Application Form.
    (9) Applicants must retain copies of all the application materials 
and documentation submitted to NMFS while the application is pending.
    (D) Application period. The time period for submitting a historical 
qualification and trap allocation application begins on the date 30 days 
after publication of this final rule (application period start date) and 
ends December 31, 2003.
    (1) Earlier submissions. Applicants who submit their applications to 
the Regional Administrator by July 31, 2003 (or in less than 60 days 
after the application period start date, whichever is later) will be 
eligible to receive a temporary interim permit that would allow the 
vessel to continue fishing in Area 4 at existing levels during the 2003 
fishing season while NMFS processes the application. After processing 
and reaching a decision on this earlier submitted application, the 
Regional Administrator may then issue a revised permit that will 
indicate the vessel's Area 4 eligibility and trap allocation. This 
revised permit will supercede the temporary interim permit and be 
effective immediately.
    (2) Later submissions. Applicants who submit their applications to 
the Regional Administrator after July 31, 2003 (or more than 60 days 
after the application period start date, whichever is later), will not 
be eligible to receive a temporary interim permit that would allow 
continued fishing in Area 4 while NMFS processes the application. Even 
though they may be deemed qualified, applicants submitting applications 
in this later time period will not be eligible to fish in Area 4 until 
the 2004 fishing season.
    (viii) Participation requirements for EEZ Nearshore Management Area 
5 (Area 5). To fish for lobster with traps in Area 5, a Federal lobster 
permit holder must initially qualify into the area. To qualify, the 
permit holder seeking initial qualification must satisfy the following 
requirements in an application to the Regional Administrator:
    (A) Qualification criteria. To initially qualify into Area 5, the 
applicant must establish the following:
    (1) That the applicant possesses a current Federal lobster permit;
    (2) That at least 200 lobster traps were set, allowed to soak, 
hauled back, and re-set in Area 5 by the qualifying vessel during a two 
consecutive calendar month period in any calendar year during the period 
from March 25, 1991, through September 1, 1999, excluding the time 
period in calendar years 1991 and 1999 that are outside the 
qualification period (i.e., January 1, 1991 through March 24, 1991 and 
September 2, 1999 through December 31, 1999).
    (B) Trap allocation criteria. A qualified applicant must also 
establish with documentary proof the number of lobster traps fished by 
the qualifying vessel in Area 5 during the qualifying year. To the 
extent that the documentation so

[[Page 895]]

establishes, the Regional Administrator will then allocate a maximum 
number of lobster traps with which to fish in Area 5, not to exceed 
1,440 traps.
    (C) Documentary proof. To satisfy the Area 5 Initial Qualification 
and Trap Allocation Criteria set forth in paragraphs (9)(7)(viii)(A) and 
(B) of this section, the applicants will be limited to the following 
documentary proof:
    (1) As proof of a valid Federal lobster permit, the applicant must 
provide a copy of the vessel's current Federal lobster permit. The 
potential qualifier may, in lieu of providing a copy, provide NMFS with 
such data that would allow NMFS to identify the current permit holder in 
its data base, which would at a minimum include: the applicant's name 
and address, vessel name and permit number.
    (2) As proof of 200-trap/2-consecutive month criterion, the 
applicant must provide - to the extent that the document(s) clearly and 
credibly establishes this criterion - one or more of the following types 
of documentation:copies of Federal Fishing Vessel Trip Reports (NOAA 
Form 88-30), Federal Port Agent Vessel Interview forms (NOAA Form 88-
30), Federal Sea Sampling Observer Reports or a Federal Fishing Vessel 
and Gear Damage Compensation Fund Report (NOAA Form 88-176); personal 
vessel logbooks; state permit applications; and/or official state 
reporting documentation showing the number of lobster traps fished, 
including, but not limited to, state report cards, state vessel 
interview forms, license application forms, state sea sampling observer 
reports, and catch reports. These documents must have been created on or 
about the time of activity stated in the document. NMFS will not accept 
recent vessel log book entries or other recently created documents 
identified in this part as proof of fishing activity that occurred in 
prior years.
    (3) As proof of the number of traps fished during the qualifying 
year, NOAA Fisheries will accept to the extent that the document(s) 
clearly and credibly establishes this criterion - one or more of the 
following types of documentation:copies of Federal Fishing Vessel Trip 
Reports (NOAA Form 88-30); Federal Port Agent Vessel Interview Forms 
(NOAA Form 88-30); Federal Sea Sampling Observer Reports; Federal 
Fishing Vessel and Gear Damage Compensation Fund Reports (NOAA Form 88-
176); personal vessel logbooks; tax returns and sales receipts; state 
permit applications; and/or official state reporting documentation 
showing the number of traps fished, including, but not limited to, state 
report cards, state vessel interview forms, license application forms, 
state sea sampling observer reports, and catch reports. Documentation 
may represent the number of traps fished during any point in the 
qualifying year and does not necessarily need to represent the 2-
consecutive month period used in paragraph (a)(7)(viii)(C)(2) of this 
section. These documents must have been created on or about the time of 
the activity stated in the document. NMFS will not accept recent vessel 
log book entries or other recently created documents identified in this 
part as proof of fishing activity that occurred in prior years;
    (4) All applicants must further provide a signed cover letter that 
identifies the documents provided and which qualifying and trap 
allocation criteria the documents are being used to establish;
    (5) All applicants must further provide an affidavit attesting under 
the penalties of perjury that each aspect of each of the qualification 
and trap allocation criteria has been met and the submitted supporting 
documentation is truthful, accurate and created contemporaneously with 
the dates identified on the documents. Specifically, each affidavit must 
attest in separate and specific paragraphs:
    (i) The name, address, lobster permit number and vessel of the 
applicant;
    (ii) That at least 200 lobster traps were set, allowed to soak, 
hauled back and re-set during the two month period in the qualifying 
year in the area being selected by the applicant, identifying those 
months and that year and further identifying which documents are being 
offered as proof of such;
    (iii) The total number of traps set in the qualifying area during 
the qualifying year, identifying that area and year, and further 
identifying which

[[Page 896]]

documents are being offered as proof of such; and
    (iv) That the submitted documents in support of these claims are 
truthful, accurate and created during the qualifying year.
    (6) All documents and submissions must be legible. Illegible 
documents or submissions will not be considered;
    (7) The Regional Administrator may, at his or her discretion, waive 
documentary obligations for certain elements of the qualification 
criteria for an applicant if NMFS itself has clear and credible evidence 
that would satisfy that qualification criteria for the applicant;
    (8) At the discretion of the Regional Administrator, all submitted 
documentation must be accompanied by a completed NMFS Lobster Historical 
Participation Application Form.
    (9) Applicants must retain copies of all the application materials 
and documentation submitted to NMFS while the application is pending.
    (D) Application period. The time period for submitting a historical 
qualification and trap allocation application begins on the date 30 days 
after publication of this Final Rule (application period start date) and 
ends December 31, 2003.
    (1) Earlier submissions. Applicants who submit their applications to 
the Regional Administrator by July 31, 2003 (or in less than 60 days 
after the application period start date, whichever is later) will be 
eligible to receive a temporary interim permit that would allow the 
vessel to continue fishing in Area 5 at existing levels during the 2003 
fishing season while NMFS processes the application. After processing 
and reaching a decision on this earlier submitted application, the 
Regional Administrator may then issue a revised permit that will 
indicate the vessel's Area 5 eligibility and trap allocation. This 
revised permit will supercede the temporary interim permit and be 
effective immediately.
    (2) Later submissions. Applicants who submit their applications to 
the Regional Administrator after July 31, 2003 (or more than 60 days 
after the application period start date, whichever is later), will not 
be eligible to receive a temporary interim permit that would allow 
continued fishing in Area 5 while NMFS processes the application. Even 
though they may be deemed qualified, applicants submitting applications 
in this later time period will not be eligible to fish in Area 5 until 
the 2004 fishing season.
    (ix) Qualifying year for vessels seeking to fish for lobster with 
traps in more than one area of Areas 3, 4, and 5. Any Federal lobster 
permit holder applying for a lobster trap allocation in more than one 
area amongst Areas 3, 4 and 5 must use the same qualifying year for all 
areas.
    (x) Appeal of denial of permit. Any applicant having first applied 
for initial qualification pursuant to Sec. 6 paragraphs (a)(7)(vi), 
(a)(7)(vii) and/or (a)(7)(viii) of this section, but having been denied 
a limited access American lobster permit for Areas 3, 4, and/or 5, may 
appeal to the Regional Administrator within 45 days of the date 
indicated on the notice of denial. Any such appeal must be in writing.
    (A) Grounds for appeal. There shall be two grounds for appeal:
    (1) Clerical error. It shall be grounds for appeal that the Regional 
Administrator erred clerically in concluding that the vessel did not 
meet the criteria in paragraphs (a)(7)(vi), (a)(7)(vii), and/or 
(a)(7)(viii) of this section. Errors arising from oversight or omission 
such as ministerial, mathematical or typographical mistakes would form 
the basis of such an appeal. Alleged errors in substance or judgment do 
not form a sufficient basis of appeal under this paragraph. The appeal 
must set forth the basis for the applicant's belief that the Regional 
Administrator's decision was made in error.
    (2) Documentary hardship. It shall be grounds for appeal that an 
otherwise qualified applicant is unable to produce qualification 
evidence due to documentary hardship. The hardship must have been caused 
by factors beyond the applicant's control, such as documents lost in a 
flood or fire. Failure to create the documents in the first instance, or 
simple loss of the document, or the intentional destruction or 
discarding of the document in the past by the appellant, or lacking the 
appropriate qualification documents due to inadvertence, carelessness or 
excusable neglect,

[[Page 897]]

do not constitute grounds for hardship under this paragraph. Appeals 
based on documentary hardship must establish the following:
    (i) Nature of the hardship. The appellant must identify the hardship 
and submit to the Regional Administrator a document corroborating the 
hardship, such as by insurance claims forms or police and fire reports; 
and
    (ii) Affidavits. The appellant must submit affidavits from current 
Federal permit holders so that three affidavits corroborate each of the 
qualification criteria for Area 3 as indicated in paragraph (a)(7)(vi) 
of this section, Area 4 as indicated in paragraph (a)(7)(vii) of this 
section, and/or for Area 5 as indicated in paragraph (a)(7)(viii) of 
this section. Each affidavit must clearly specify in separate and 
specific paragraphs:The name, address, Federal permit number and vessel 
name of the affiant; that the affiant can attest to by personal first-
hand knowledge that the qualifying vessel set, allowed to soak, hauled 
back and re-set at least 200 lobster traps during the 2-month period in 
the qualifying year in the area being selected by the applicant, 
identifying those months and that year and further identifying the 
nature of that knowledge; for Area 3 only, that the affiant can attest 
to by personal first-hand knowledge that the qualifying vessel landed at 
least 25,000 lb (11,340 kg) oflobster during the qualifying year, 
identifying that year and further identifying the nature of that 
knowledge; that the affiant can attest to by personal first-hand 
knowledge to the total number of traps that the applicant claims his or 
her vessel fished in the area in question during the qualifying year and 
further identifying the nature of that knowledge; that the affiant also 
fished in the area being claimed by theapplicant during the months in 
the qualifying year chosen by the applicant; and be signed under the 
penaltiesof perjury. The requirement that each qualification criteria 
must be independently affirmed by three Federal permit holders does not 
restrict the appellant to using the same three affiants for each 
qualification criterion, although the appellant is encouraged to do so. 
The term personal first-hand knowledge in this paragraph means 
information directly gained by the affiant and would not include 
information gained from word of mouth or hearsay.
    (B) Appellate timing and review. All appeals must be in writing and 
must be submitted to the Regional Administrator postmarked no later than 
45 days after the date on NMFS' Notice of Denial of Initial 
Qualification application. Failure to register an appeal within 45 days 
of the date of the Notice of Denial will preclude any further appeal. 
The appellant may notify the Regional Administrator of his or her intent 
to appeal within the 45 days and request a time extension to procure the 
necessary affidavits and documentation. Time extensions shall be limited 
to 30 days and shall be calculated as extending 30 days beyond the 
initial 45-day period that begins on the original date on the Notice of 
Denial. Appeals submitted beyond the deadlines stated herein will not be 
accepted. Upon receipt of a complete written appeal with supporting 
documentation in the time frame allowable, the Regional Administrator 
will then appoint an appeals officer who will review the appellate 
documentation. After completing a review of the appeal, the appeals 
officer will make findings and a recommendation, which shall be advisory 
only, to the Regional Administrator, who shall make the final agency 
decision whether to qualify the applicant.
    (C) Status of vessels pending appeal. The Regional Administrator may 
authorize a vessel to fish in Areas 3, 4 or 5 during an appeal. The 
Regional Administrator may do so by issuing a letter authorizing the 
appellant to fish up to 800 traps in Areas 4 or 5, or up to 1,800 traps 
in Area 3 during the pendency of the appeal. The Regional 
Administrator's letter must be present onboard the vessel while it is 
engaged in such fishing in order for the vessel to be authorized. If the 
appeal is ultimately denied, the Regional Administrator's letter 
authorizing fishing during the appeal will become invalid 5 days after 
receipt of the notice of appellate denial or 15 days after the date on 
the notice of appellate denial, whichever occurs first.
    (b) Condition. Vessel owners who apply for a Federal limited access

[[Page 898]]

American lobster 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.
    (c) Vessel permit application. Applicants for a Federal limited 
access American lobster permit under this section must submit a 
completed application on an appropriate form obtained from the Regional 
Administrator. To be complete, an application for a Federal limited 
access American lobster permit must contain at least the following 
information, and any other information specified on the application form 
or otherwise required by the Regional Administrator: 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; lobster management area designation the 
vessel will fish in, as specified in Sec. 697.18, if fishing with traps 
capable of catching American lobster; 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; 
number of crew; 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. The 
application must be signed by the owner of the vessel, or the owner's 
authorized representative, and be submitted to the Regional 
Administrator at least 30 days prior to the date on which the permit is 
needed by the applicant. The Regional Administrator shall notify the 
applicant of any deficiency in the application.
    (d) Trap tag application, lost and replacement tags. (1) Beginning 
fishing year 2000, any lobster trap fished in Federal waters must have a 
valid Federal lobster trap tag permanently attached to the trap bridge 
or central cross-member, unless exempt under Sec. 697.26.
    (2) Trap tags shall be issued by the Regional Administrator, or, by 
state agencies, by agreement with the Regional Administrator, provided 
that such state tagging programs accurately identify the Federal limited 
access American lobster permit holder. NMFS will provide notice to 
American lobster permit holders as to the procedure for applying for 
trap tags and any required fees.
    (3) Vessel owners or operators are required to report to the 
Regional Administrator lost, destroyed, and missing tags as soon as 
feasible within 7 days after the tags have been discovered lost, 
destroyed, or missing, by letter or fax to the Regional Administrator.
    (4) Requests for replacement of lost tags in excess of the tag limit 
specified in Sec. 697.19(c) must be submitted in writing to the Regional 
Administrator on an appropriate form obtained from the Regional 
Administrator and signed by the permit holder or authorized 
representative. The form and request for replacement tags will be 
reviewed by the Regional Administrator on a case-by-case basis and a 
decision will be reached on the number of replacement tags to be issued, 
if any. A check for the cost of the replacement tags must be received 
before tags will be re-issued.
    (e) Fees. The Regional Administrator may charge a fee to recover the 
administrative expenses of issuing a permit or trap tags required under 
this section. Fee amounts shall be calculated

[[Page 899]]

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. Fees may not 
exceed such costs and shall be specified with each application form. The 
applicable fee must accompany each application; if it does not, the 
application will be considered incomplete for purposes of paragraph (f) 
of this section. Any fee paid by an insufficiently funded commercial 
instrument shall render any permit issued on the basis thereof null and 
void.
    (f) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, the Regional Administrator shall issue a permit or tags, as 
applicable, 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;
    (ii) The application was not received by the Regional Administrator 
by any 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 or the 
number of tags requested exceeds the applicable tag limit specified in 
Sec. 697.19(c);
    (iv) The applicant has failed to meet any other application or tag 
requirements stated in this part. (v) The application is for initial 
qualification for access to Area 3, 4 or 5 pursuant to the historical 
participation process in paragraphs (a)(7)(vi)(D), (a)(vii)(D), and 
(a)(viii)(D) of this section.
    (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.
    (g) Expiration. A permit expires annually upon the renewal date 
specified in the permit.
    (h) Duration. A permit will continue in effect until the renewal 
date 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 (k) of this section.
    (i) Reissuance. A vessel permit may be reissued by the Regional 
Administrator when requested in writing by the owner or authorized 
representative, stating the need for reissuance, the name of the vessel, 
and the number of the permit requested to be reissued. An application 
for a reissued permit is not considered a new application. The fee for a 
reissued permit shall be the same as for an initial permit.
    (j) 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.
    (k) 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 Administrator. If the written notice of the change in 
information is not received by the Regional Administrator within 15 
days, the permit is void.
    (l) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (m) 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. Any permit issued under this 
part must be maintained in legible condition.
    (n) Sanctions. Permits issued or sought under this section may be 
suspended, revoked, or modified, by procedures governing enforcement-
related permit sanctions and denials, found at subpart D of 15 CFR part 
904.
    (o) Abandonment or voluntary relinquishment of limited access 
American lobster permits. Failure to renew a limited access permit in 
any fishing year bars the renewal of the permit in subsequent years. If 
a vessel's Federal limited access American lobster permit or

[[Page 900]]

CPH is voluntarily relinquished to the Regional Administrator, or 
abandoned through failure to renew or otherwise, no Federal limited 
access American lobster permit or CPH may be reissued or renewed based 
on the qualifying vessel's history.
    (p) Permit category change. A vessel permit category change (for 
individuals who possess a dual Federal limited access permit for 
American lobster and black sea bass and who restrict fishing operations 
to Area 5) may be issued by the Regional Administrator when requested in 
writing by the owner or by an authorized representative of a vessel 
meeting the eligibility requirements under Sec. 697.26(a).

[64 FR 68248, Dec. 6, 1999, as amended at 66 FR 14501, Mar. 13, 2001; 68 
FR 14925, Mar. 27, 2003]



Sec. 697.5  Operator permits.

    (a) General. Any operator of a vessel issued a Federal limited 
access American lobster permit under Sec. 697.4(a), or any operator of a 
vessel of the United States that fishes for, possesses, or lands 
American lobsters, harvested in or 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: Charter, head, and commercial dive 
vessels that possess six or fewer American lobsters per person aboard 
the vessel if said lobsters are not intended for nor used in trade, 
barter or sale; recreational fishing vessels; and vessels that fish 
exclusively in state waters for American lobster.
    (b) Operator application. Applicants for a permit under this section 
must submit a completed permit application on an appropriate form 
obtained from the Regional Administrator. To be complete, an application 
must contain at least the following information, and any other 
information specified on the application form or otherwise 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. The application must be signed by the applicant and 
submitted to the Regional Administrator at least 30 days prior to 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.
    (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 vessels 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. 697.4. 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 
off loading. 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 or 
measure.
    (d) Fees. The Regional Administrator may charge a fee to recover the 
administrative expenses 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, available from the Regional 
Administrator, for determining administrative costs of each special 
product or service. The fee may not exceed such costs and shall be 
specified with each application form. The applicable 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.

[[Page 901]]

    (e) 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 the 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 application fails to correct the deficiency 
within 30 days following the date of notification, the application will 
be considered abandoned.
    (f) Expiration. A permit expires upon the renewal date specified in 
the permit.
    (g) Duration. An operator permit is valid until it is revoked, 
suspended, or modified under subpart D of 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 (j) of this section.
    (h) Reissuance. An operator permit may be reissued by the Regional 
Administrator when requested in writing by the applicant, stating the 
need for reissuance and the number of the permit requested to be 
reissued. An applicant for a reissued operator permit must also provide 
two recent (no more than 1 year old) color passport-size photos of the 
applicant. An application for a reissued permit is not 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 to whom it is 
issued.
    (j) 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 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.
    (k) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (l) Display. Any permit issued under this part must be maintained in 
legible condition and displayed for inspection upon request by any 
authorized officer.
    (m) 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. Permits issued or 
sought under this section may be suspended, revoked, or modified, by 
procedures governing enforcement-related permit sanctions and denials, 
found at subpart D of 15 CFR part 904.
    (n) 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. 697.6  Dealer permits.

    (a) Any person who receives, for a commercial purpose (other than 
solely for transport on land), American lobster from the owner or 
operator of a vessel issued a valid permit under this part, or any 
person who receives, for a commercial purpose (other than solely for 
transport on land), American lobster, managed by this part, must have 
been issued, and have in his/her possession, a valid permit issued under 
this section.
    (b) Dealer application. Applicants for a dealer permit under this 
section must submit a completed permit application on an appropriate 
form obtained from the Regional Administrator. To be complete, an 
application must contain at least the following information, and any 
other information specified on the application form or otherwise 
required by the Regional Administrator: 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 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; and 
the names and addresses of all shareholders owning 25 percent or more of 
the corporation's shares, 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; if there is more than one partner, 
names of all partners having more than a 25 percent

[[Page 902]]

interest; and name and signature of all partner or partners authorized 
must be included with the application. The application must be signed by 
the applicant and submitted to the Regional Administrator at least 30 
days prior to the date on which the applicant needs the permit. The 
Regional Administrator will notify the applicant of any deficiency in 
the application.
    (c) Fees. The Regional Administrator may charge a fee to recover the 
administrative expenses 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, available from the Regional 
Administrator, for determining administrative costs of each special 
product or service. The fee may not exceed such costs and shall be 
specified with each application form. The applicable 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.
    (d) 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 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 
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.
    (e) Expiration. A permit expires upon the renewal date specified in 
the permit.
    (f) 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 (i) of this section.
    (g) Reissuance. A dealer permit may be reissued by the Regional 
Administrator when requested in writing by the applicant, stating the 
need for reissuance and the number of the permit requested to be 
reissued. An application for a reissued permit is not considered a new 
application. An appropriate fee may be charged.
    (h) 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.
    (i) Change in application information. Notice of a change in the 
dealers 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.
    (j) Alteration. Any permit that has been altered, erased, or 
mutilated is invalid.
    (k) Display. Any permit issued under this part must be maintained in 
legible condition and displayed for inspection upon request by any 
authorized officer.
    (l) 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 under this part must comply with 
the more restrictive requirement.
    (m) Sanctions. Permits issued or sought under this section may be 
suspended, revoked, or modified, by procedures governing enforcement-
related permit sanctions and denials, found at subpart D of 15 CFR part 
904.



Sec. 697.7  Prohibitions.

    (a) Atlantic Coast weakfish fishery. In addition to the prohibitions 
set forth in Sec. 600.725 of this chapter, 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.

[[Page 903]]

    (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) 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.
    (5) 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[min] N. lat., 75[deg]29.2[min] W. long. (3 nm off Cape 
Hatteras) and 35[deg]03.5[min] N. lat., 75[deg]11.8[min] W. long. (20 nm 
off Cape Hatteras).
    (ii) The east by a straight line connecting points 35[deg]03.5[min] 
N. lat., 75[deg]11.8[min] W. long. (20 nm off Cape Hatteras) and 
33[deg]21.1[min] N. lat., 77[deg]57.5[min] 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[min] N. lat., 77[deg]57.5[min] W. long., and 
33[deg]48.8[min] N. lat., 78[deg]29.7[min] W. long. (3 nm off Little 
River Inlet on the North Carolina/South Carolina state line).
    (iv) On the west by state waters.
    (6) Possess any weakfish in the closed area of the EEZ, as described 
in paragraph (a)(5) of this section, when fishing with shrimp trawls or 
crab trawls.
    (7) 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 of this chapter, 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 in 
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. (1) In addition to the prohibitions specified 
in Sec. 600.725 of this chapter, it is unlawful for any person owning or 
operating a vessel issued a Federal limited access American lobster 
permit under Sec. 697.4 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. 697.24 to do any of 
the following:
    (i) Retain on board, land, or possess at or after landing, whole 
American lobsters that fail to meet the minimum carapace length standard 
specified in Sec. 697.20(b). All American lobsters will be subject to 
inspection and enforcement action, up to and including the time when a 
dealer receives or possesses American lobsters for a commercial purpose.
    (ii) Retain on board, land, or possess, up to the time when a dealer 
first receives or possesses American lobster for a commercial purpose, 
any American lobster or parts thereof in violation of the mutilation 
standards specified in Sec. 697.20(c).
    (iii) Retain on board, land, or possess any berried female American 
lobster specified in Sec. 697.20(d).
    (iv) Remove eggs from any berried female American lobster, land, or 
possess any such lobster from which eggs have been removed. No person 
owning or operating a vessel issued a Federal limited access American 
lobster permit

[[Page 904]]

under Sec. 697.4 or a vessel or person holding a State of Maine American 
lobster permit or license and fishing under the provisions of and under 
the areas designated in Sec. 697.24 may land or possess any lobster that 
has come in contact with any substance capable of removing lobster eggs.
    (v) Retain on board, land, or possess any V-notched female American 
lobster.
    (vi) Spear any American lobster, or land or possess any American 
lobster which has been speared.
    (vii) Possess, deploy, fish with, haul, harvest lobster from, or 
carry aboard a vessel trap gear in excess of the trap limits specified 
in Sec.  697.19 unless exempted pursuant to Sec. 697.26
    (viii) Possess, deploy, haul, harvest lobster from, or carry aboard 
a vessel any trap gear that does not satisfy the requirements on gear 
identification and marking, escape vents, ghost panel and maximum trap 
size specified in Sec. 697.21, unless such gear has been rendered 
unfishable, or unless exempted pursuant to Sec. 697.26.
    (ix) Possess, deploy, haul, harvest lobster from, or carry aboard a 
vessel any trap gear not tagged in accordance with the requirements in 
Sec. 697.19, unless such gear has been rendered unfishable, or unless 
exempted pursuant to Sec. 697.26.
    (x) Fail to produce, or cause to be produced, lobster trap tags when 
requested by an authorized officer, unless exempted pursuant to 
Sec. 697.26.
    (xi) Beginning May 1, 2000, reproduce, or cause to be reproduced, 
lobster trap tags without the written consent of the Regional 
Administrator.
    (xii) Beginning May 1, 2000, possess a lobster trap tag, tag a 
lobster trap with, or use, a lobster trap tag that has been reported 
lost, missing, destroyed, or issued to another vessel.
    (xiii) Beginning May 1, 2000, sell, transfer, or give away lobster 
trap tags that have been reported lost, missing, destroyed, or issued to 
another vessel.
    (xiv) Fail to affix and maintain permanent markings, as required by 
Sec. 697.8.
    (xv) Fish for, retain on board, land, or possess American lobsters, 
unless the operator of the vessel has been issued an operator's permit 
under Sec. 697.5, and the permit is on board the vessel and is valid.
    (xvi) Fail to report to the Regional Administrator within 15 days 
any change in the information contained in the permit application as 
required under Sec. 697.4(k) or Sec. 697.5(j).
    (xvii) Make any false statement in connection with an application 
under Sec. 697.4, Sec. 697.5, or Sec. 697.6.
    (xviii) 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. 697.6.
    (xix) Refuse or fail to carry a sea sampler/observer if requested to 
do so by the Regional Administrator.
    (xx) Fail to provide a sea sampler/observer with required food, 
accommodations, access, and assistance, as specified in Sec. 697.12.
    (xxi) Violate any terms of a letter authorizing exempted fishing 
pursuant to Sec. 697.22 or to fail to keep such letter aboard the vessel 
during the time period of the exempted fishing.
    (xxii) Possess, deploy, fish with, haul, harvest lobster from, or 
carry aboard a vessel any trap gear on a fishing trip in the EEZ from a 
vessel that fishes for, takes, catches, or harvests lobster by a method 
other than traps.
    (xxiii) Fish for, take, catch, or harvest lobster on a fishing trip 
in or from the EEZ by a method other than traps, in excess of 100 
lobsters (or parts thereof), for each lobster day-at-sea or part of a 
lobster day-at-sea, up to a maximum of 500 lobsters (or parts thereof) 
for any one trip unless otherwise restricted by Sec. 648.80(a)(3)(i), 
(a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), 
(b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of this chapter.
    (xxiv) Possess, retain on board, or land lobster by a vessel with 
any non-trap gear on board capable of catching lobsters, in excess of 
100 lobsters (or parts thereof), for each lobster day-at-sea or part of 
a lobster day-at-sea, up to a maximum of 500 lobsters (or parts thereof) 
for any one trip unless otherwise restricted by Sec. 648.80(a)(3)(i), 
(a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), 
(b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of this chapter.

[[Page 905]]

    (xxv) Transfer or attempt to transfer American lobster from one 
vessel to another vessel.
    (xxvi) Beginning May 1, 2000, possess, deploy, fish with, haul, 
harvest lobster from, or carry aboard a vessel any trap gear in or from 
the management areas specified in Sec. 697.18, unless such fishing 
vessel has been issued a valid management area designation certificate 
or valid limited access American lobster permit specifying such 
management area(s) as required under Sec. 697.4(a)(7).
    (2) In addition to the prohibitions specified in Sec. 600.725 of 
this chapter and the prohibitions specified in paragraph (c)(1) of this 
section, it is unlawful for any person to do any of the following:
    (i) Retain on board, land, or possess American lobsters unless:
    (A) The American lobsters were harvested by a vessel that has been 
issued and carries on board a valid Federal limited access American 
lobster permit under Sec. 697.4; or
    (B) The American lobsters were harvested by a vessel without a valid 
Federal limited access American lobster permit and that fishes for 
American lobsters exclusively in state waters; or
    (C) The American lobsters were harvested by a charter boat, head 
boat, or commercial 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
    (D) The American lobsters were harvested by a recreational fishing 
vessel; or
    (E) The American lobsters were harvested by a vessel or person 
holding a valid State of Maine American lobster permit or license and is 
fishing under the provisions of and in the areas designated in 
Sec. 697.24.
    (ii) Sell, barter, or trade, or otherwise transfer, or attempt to 
sell, barter, or trade, or otherwise transfer, for a commercial purpose, 
any American lobsters from a vessel, unless the vessel has been issued a 
valid Federal limited access American lobster permit under Sec. 697.4, 
or the American lobsters were harvested by a vessel without a valid 
Federal limited access American lobster permit that fishes for American 
lobsters exclusively in state waters or unless the vessel or person 
holds a valid State of Maine American lobster permit or license and that 
is fishing under the provisions of and in the areas designated in 
Sec. 697.24.
    (iii) 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 
limited access American lobster permit under Sec. 697.4, without having 
been issued and possessing a valid operator's permit under Sec. 697.5.
    (iv) 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 limited access American 
lobster permit, unless in possession of a valid dealer's permit issued 
under Sec. 697.6.
    (v) Purchase, possess, or receive for commercial purposes, or 
attempt to purchase or receive for commercial purposes, as, or in the 
capacity of, a dealer, American lobsters caught by a vessel other than 
one issued a valid Federal limited access American lobster permit under 
Sec. 697.4, 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. 697.24, unless the 
American lobsters were harvested by a vessel without a Federal limited 
access American lobster permit and that fishes for American lobsters 
exclusively in state waters.
    (vi) Assault, resist, oppose, impede, harass, intimidate, or 
interfere with or bar by command, impediment, threat, or coercion any 
NMFS-approved sea sampler/observer 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.
    (vii) Refuse to carry a sea sampler/observer if requested to do so 
by the Regional Administrator.
    (viii) Refuse reasonable assistance to either a NMFS-approved sea 
sampler/observer conducting his or her duties aboard a vessel.

[[Page 906]]

    (ix) Make any false statement, oral or written, to an authorized 
officer, concerning the taking, catching, harvesting, landing, purchase, 
sale, or transfer of any American lobster.
    (x) Violate any provision of this part, the ACFCMA, the Magnuson-
Stevens Act, or any regulation, permit, or notification issued under the 
ACFCMA, the Magnuson-Stevens Act, or these regulations.
    (xi) Retain on board, land, or possess any American lobsters 
harvested in or from the EEZ in violation of Sec. 697.20.
    (xii) Ship, transport, offer for sale, sell, or purchase, in 
interstate or foreign commerce, any whole live American lobster in 
violation of Sec. 697.20.
    (xiii) Fish, or be in the areas described in Sec. 697.23(b)(2), 
(c)(2), (d)(2), and (e)(2) on a fishing vessel with mobile gear during 
the time periods specified in Sec. 697.23(b)(1), (c)(1), (d)(1), and 
(e)(1), except as provided in Sec. 697.23(b)(1), (c)(1), (d)(1), and 
(e)(1).
    (xiv) Fish, or be in the areas described in Sec. 697.23(b)(2), 
(c)(2), and (d)(2) on a fishing vessel with lobster trap gear on board 
during the time periods specified in Sec. 697.23(b)(1), (c)(1), and 
(d)(1).
    (xv) Deploy or fail to remove lobster trap gear in the areas 
described in Sec. 697.23(b)(2), (c)(2), and (d)(2) during the time 
periods specified in Sec. 697.23(b)(1), (c)(1), and (d)(1).
    (xvi) Violate any terms of a letter authorizing exempted fishing 
pursuant to Sec. 697.22 or to fail to keep such letter aboard the vessel 
during the time period of the exempted fishing.
    (xvii) Possess, deploy, fish with, haul, harvest lobster from, or 
carry aboard a vessel any trap gear on a fishing trip in the EEZ on a 
vessel that fishes for, takes, catches, or harvests lobster by a method 
other than traps.
    (xviii) Fish for, take, catch, or harvest lobster on a fishing trip 
in the EEZ by a method other than traps, in excess of 100 lobsters (or 
parts thereof), for each lobster day-at-sea or part of a lobster day-at-
sea, up to a maximum of 500 lobsters (or parts thereof) for any one trip 
unless otherwise restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), 
(a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or 
Sec. 697.7(c)(2)(i)(C) of this chapter.
    (xix) Possess, retain on board, or land lobster by a vessel with any 
non-trap gear on board capable of catching lobsters, in excess of 100 
lobsters (or parts thereof), for each lobster day-at-sea or part of a 
lobster day-at-sea, up to a maximum of 500 lobsters (or parts thereof) 
for any one trip unless otherwise restricted by Sec. 648.80(a)(3)(i), 
(a)(4)(i)(A), (a)(8)(i), (a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), 
(b)(3)(ii) or Sec. 697.7(c)(2)(i)(C) of this chapter.
    (xx) Transfer or attempt to transfer American lobster from one 
vessel to another vessel.
    (3) Presumptions. (i) Any person possessing, or landing American 
lobsters or parts thereof at or prior to the time when those American 
lobsters are landed, or are received or possessed by a dealer for the 
first time, is subject to all of the prohibitions specified in paragraph 
(c) of this section, unless the American lobsters were harvested by a 
vessel without a Federal limited access American lobster permit and that 
fishes for American lobsters exclusively in state waters; or are from a 
charter, head, or commercial dive vessel that possesses or possessed six 
or fewer American lobsters per person aboard the vessel and the lobsters 
are not intended for sale, trade, or barter; or are from a recreational 
fishing vessel.
    (ii) American lobsters or parts thereof that are possessed, or 
landed at or prior to the time when the American lobsters are received 
by a dealer, or whole American lobsters that are possessed by a dealer, 
are presumed to have been harvested from the EEZ or by a vessel with a 
Federal limited access American lobster permit. A preponderance of all 
submitted evidence that such American lobsters were harvested by a 
vessel without a Federal limited access American lobster permit and 
fishing exclusively for American lobsters in state or foreign waters 
will be sufficient to rebut this presumption.
    (iii) The possession of egg-bearing female American lobsters, V-
notched female American lobsters, American lobsters that are smaller 
than the minimum size set forth in Sec. 697.20(b), or lobster parts, 
possessed at or prior to the time when the aforementioned lobsters or 
parts are received by a dealer, will

[[Page 907]]

be prima facie evidence that such American lobsters or parts were taken 
or imported in violation of these regulations. A preponderance of all 
submitted 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.
    (d) Atlantic sturgeon fishery. In addition to the prohibitions set 
forth in Sec. 600.725, 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.
    (e) Atlantic Coast Horseshoe Crab fishery. In addition to the 
prohibitions set forth in Sec. 600.725 of this chapter, it is unlawful 
for any person to do any of the following:
    (1) Fish for horseshoe crabs in the Carl N. Shuster Jr. Horseshoe 
Crab Reserve described in Sec. 697.23(f)(1).
    (2) Possess horseshoe crabs on a vessel with a trawl or dredge in 
the closed area described in Sec. 697.23(f)(1).
    (3) Fail to return to the water immediately without further harm, 
all horseshoe crabs caught in the closed area described in 
Sec. 697.23(f)(1).

[64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001; 66 
FR 14502, Mar. 13, 2001]



Sec. 697.8  Vessel identification.

    (a) Vessel name and official number. Each fishing vessel issued a 
limited access American lobster permit and over 25 ft (7.6 m) in 
registered length must:
    (1) Have affixed permanently its name on the port and starboard 
sides of the bow and, if possible, on its stern.
    (2) Have its official number displayed 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, 
each fishing vessel issued a limited access American lobster permit must 
display its official number 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 issued a limited 
access American lobster permit shall ensure that--
    (1) The vessel's name and official number are kept clearly legible 
and in good repair.
    (2) No part of the vessel, its rigging, its fishing gear, or any 
other object obstructs the view of the official number from any 
enforcement vessel or aircraft.
    (d) Non-permanent marking. Vessels over 25 ft (7.6 m) in registered 
length, fishing in the EEZ and 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 aforementioned requirements.



Sec. 697.9  Facilitation of enforcement.

    (a) General. See Sec. 600.504 of this chapter.
    (b) 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 enforcement officer. 
Vessels not required to have VHF-FM radios by the Coast Guard are exempt 
from this requirement.



Sec. 697.10  Penalties.

    See Sec. 600.735 of this chapter.

[[Page 908]]



Sec. 697.11  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 Conservation Act and the ACFCMA, and to the 
regulations of this part.



Sec. 697.12  At-sea sea sampler/observer coverage.

    (a) The Regional Administrator may request any vessel issued a 
Federal limited access American lobster permit to carry a NMFS-approved 
sea sampler/observer. If requested by the Regional Administrator to 
carry a sea sampler/observer, a vessel may not engage in any fishing 
operations in the respective fishery unless a sea sampler/observer is on 
board, or unless the requirement is waived, as specified in paragraph 
(c) of this section.
    (b) If requested in writing by the Regional Administrator to carry 
an sea sampler/observer, it is the responsibility of the vessel owner to 
arrange for and facilitate sea sampler/observer placement. Owners of 
vessels selected for sea sampler/observer coverage must notify the 
appropriate Regional or Science and Research Administrator, 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 election letters to vessel 
owners.
    (c) The Regional Administrator may waive in writing the requirement 
to carry a sea sampler/observer if the facilities on a vessel for 
housing the sea sampler/observer, or for carrying out sea sampler/
observer functions, are so inadequate or unsafe that the health or 
safety of the sea sampler/observer, 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 sea sampler/observer, 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 sea samplers/observers 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 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 Federal limited 
access American lobster permit, if requested by the sea sampler/observer 
also must:
    (1) Notify the sea sampler/observer of any sea turtles, marine 
mammals, or other specimens taken by the vessel.
    (2) Provide the sea sampler/observer with sea turtles, marine 
mammals, or other specimens taken by the vessel.
    (f) NMFS may accept sea sampler/observer coverage funded by outside 
sources if:
    (1) All coverage conducted by such sea samplers/observers is 
determined by NMFS to be in compliance with NMFS' sea sampler/observer 
guidelines and procedures.
    (2) The owner or operator of the vessel complies with all other 
provisions of this part.
    (3) The sea sampler/observer is approved by the Regional 
Administrator.

[[Page 909]]



                     Subpart B--Management Measures



Sec. 697.17  Non-trap harvest restrictions.

    (a) Non-trap landing limits. In addition to the prohibitions set 
forth in Sec. 600.725 of this chapter, it is unlawful for a vessel with 
any non-trap gear on board capable of catching lobsters, or, that fishes 
for, takes, catches, or harvests lobster on a fishing trip in or from 
the EEZ by a method other than traps, to possess, retain on board, or 
land, in excess of 100 lobsters (or parts thereof), for each lobster 
day-at-sea or part of a lobster day-at-sea, up to a maximum of 500 
lobsters (or parts thereof) for any one trip, unless otherwise 
restricted by Sec. 648.80(a)(3)(i), (a)(4)(i)(A), (a)(8)(i), 
(a)(9)(i)(D), (a)(12)(i)(A), (a)(13)(i)(A), (b)(3)(ii) or 
Sec. 697.7(c)(2)(i)(C) of this chapter.
    (b) All persons that fish for, take, catch, or harvest lobsters on a 
fishing trip in or from the EEZ are prohibited from transferring or 
attempting to transfer American lobster from one vessel to another 
vessel.
    (c) Any vessel on a fishing trip in the EEZ that fishes for, takes, 
catches, or harvests lobster by a method other than traps may not 
possess on board, deploy, fish with, or haul back traps.



Sec. 697.18  Lobster management areas.

    The following lobster management areas are established for purposes 
of implementing the management measures specified in this part. (A copy 
of a chart showing the American lobster EEZ management areas is 
available upon request to the Office of the Regional Administrator, 
NMFS, 1 Blackburn Drive, Gloucester, MA 01930.)
    (a) EEZ Nearshore Management Area 1. EEZ Nearshore Management Area 1 
is defined by the area, including state and Federal waters that are 
nearshore in the Gulf of Maine, bounded by straight lines connecting the 
following points, in the order stated, and the coastline of Maine, New 
Hampshire, and Massachusetts to the northernmost point of Cape Cod:

------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
A                                               43[deg]58[m  67[deg]22[m
                                                      in]N.        in]W.
B                                               43[deg]41[m  68[deg]00[m
                                                      in]N.        in]N.
C                                               43[deg]12[m  69[deg]00[m
                                                      in]N.        in]W.
D                                               42[deg]49[m  69[deg]40[m
                                                      in]N.        in]W.
E                                               42[deg]15.5  70[deg]40[m
                                                    [min]N.        in]W.
F                                               42[deg]10[m  69[deg]56[m
                                                      in]N.        in]W.
G                                               42[deg]05.5  70[deg]14[m
                                                    [min]N.        in]W.
G1                                              42[deg]04.2  70[deg]17.2
                                                   5[min]N.     2[min]W.
G2                                              42[deg]02.8  70[deg]16.1
                                                   4[min]N.      [min]W.
G3                                              42[deg]03.3  70[deg]14.2
                                                   5[min]N.      [min]W.
------------------------------------------------------------------------

    (1) From point ``G3'' along the coastline of Massachusetts, 
including the southwestern end of the Cape Cod Canal, continuing along 
the coastlines of Massachusetts, New Hampshire, Maine, and the seaward 
EEZ boundary back to Point A.
    (2) [Reserved]
    (b) EEZ Nearshore Management Area 2. EEZ Nearshore Management Area 2 
is defined by the area, including state and Federal waters that are 
nearshore in Southern New England, bounded by straight lines connecting 
the following points, in the order stated:

------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
H                                               41[deg]40[m  70[deg]05[m
                                                      in]N.        in]W.
I                                               41[deg]15[m  70[deg]05[m
                                                      in]N.        in]N.
J                                               41[deg]21.5  69[deg]16.5
                                                    [min]N.      [min]W.
K                                               41[deg]10[m  69[deg]06.5
                                                      in]N.      [min]W.
L                                               40[deg]55[m  68[deg]54[m
                                                      in]N.        in]W.
M                                               40[deg]27.5  71[deg]14[m
                                                    [min]N.        in]W.
N                                               40[deg]45.5  71[deg]34[m
                                                    [min]N.        in]W.
O                                               41[deg]07[m  71[deg]43[m
                                                      in]N.        in]W.
P                                               41[deg]06.5  71[deg]47[m
                                                    [min]N.        in]W.
Q                                               41[deg]11.5  71[deg]47.2
                                                    [min]N.     5[min]W.
R                                               41[deg]18.5  71[deg]54.5
                                                    [min]N.       [min]W
------------------------------------------------------------------------

    (1) From point ``R'' along the maritime boundary between Connecticut 
and Rhode Island to the coastal Connecticut/Rhode Island boundary and 
then back to point ``H'' along the Rhode Island and Massachusetts coast, 
including the northeastern end of the Cape Cod Canal.
    (2) [Reserved]
    (c) Area 2/3 Overlap. The Area 2/3 Overlap is defined by the area, 
comprised entirely of Federal waters, bounded by straight lines 
connecting the following points, in the order stated:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
K.............................  41[deg]10[min] N.    69[deg]06.5[min] W.
L.............................  40[deg]55[min] N.    68[deg]54[min] W.
M.............................  40[deg]27.5[min] N.  72[deg]14[min] W.
N.............................  40[deg]45.5[min] N.  71[deg]34[min] W.
------------------------------------------------------------------------


[[Page 910]]

    (d) EEZ Offshore Management Area 3. EEZ Offshore Management Area 3 
is defined by the area, comprised entirely of Federal waters, bounded by 
straight lines connecting the following points, in the order stated:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
A.............................  43[deg]58[min] N.    67[deg]22[min] W.
B.............................  43[deg]41[min] N.    68[deg]00[min] W.
C.............................  43[deg]12[min] N.    69[deg]00[min] W.
D.............................  42[deg]49[min] N.    69[deg]40[min] W.
E.............................  42[deg]15.5[min] N.  69[deg]40[min] W.
F.............................  42[deg]10[min] N.    69[deg]56[min] W.
K.............................  41[deg]10[min] N.    69[deg]06.5[min] W.
N.............................  40[deg]45.5[min] N.  71[deg]34[min] W.
M.............................  40[deg]27.5[min] N.  72[deg]14[min] W.
U.............................  40[deg]12.5[min] N.  72[deg]48.5[min] W.
V.............................  39[deg]50[min] N.    73[deg]01[min] W.
X.............................  38[deg]39.5[min] N.  73[deg]40[min] W.
Y.............................  38[deg]12[min] N.    73[deg]55[min] W.
Z.............................  37[deg]12[min] N.    74[deg]44[min] W.
ZA............................  35[deg]34[min] N.    74[deg]51[min] W.
ZB............................  35[deg]14.5[min] N.  75[deg]31[min] W.
ZC............................  35[deg]14.5[min] N.  71[deg]24[min] W.
From point ``ZC'' along the seaward EEZ boundary to point ``A''.
------------------------------------------------------------------------

    (e) EEZ Nearshore Management Area 4. EEZ Nearshore Management Area 4 
is defined by the area, including state and Federal waters that are 
near-shore in the northern Mid-Atlantic, bounded by straight lines 
connecting the following points, in the order stated:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
M.............................  40[deg]27.5[min]N.   72[deg]14[min] W.
N.............................  40[deg]45.5[min] N.  71[deg]34[min] W.
O.............................  41[deg]07[min] N.    71[deg]43[min] W.
P.............................  41[deg]06.5[min] N.  71[deg]47[min] W.
S.............................  40[deg]58[min] N.    72[deg]00[min] W.
T.............................  41[deg]00.5[min] N.  72[deg]00[min] W.
From Point ``T'', along the New York/New Jersey coast to Point ``W''
W.............................  39[deg]50[min] N.    74[deg]09[min] W.
V.............................  39[deg]50[min] N.    73[deg]01[min] W.
U.............................  40[deg]12.5[min] N.  72[deg]48.5[min] W.
From Point ``U'' back to Point ``M''.
------------------------------------------------------------------------

    (f) EEZ Nearshore Management Area 5. EEZ Nearshore Management Area 5 
is defined by the area, including state and Federal waters that are 
near-shore in the southern Mid-Atlantic, bounded by straight lines 
connecting the following points, in the order stated:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
W.............................  39[deg]50[min] N.    74[deg]09[min] W.
V.............................  39[deg]50[min] N.    73[deg]01[min] W.
X.............................  38[deg]39.5[min] N.  73[deg]40[min] W.
Y.............................  38[deg]12[min] N.    73[deg]55[min] W.
Z.............................  37[deg]12[min] N.    74[deg]44[min] W.
ZA............................  35[deg]34[min] N.    74[deg]51[min] W.
ZB............................  35[deg]14.5[min] N.  75[deg]31[min] W.
From Point ``ZB'' along the coasts of North Carolina, Virginia,
 Maryland, Delaware, New Jersey back to Point ``W''.
------------------------------------------------------------------------

    (g) Nearshore Management Area 6. The Nearshore Management Area 6 is 
defined by the area, including New York and Connecticut state waters, 
bounded by straight lines connecting the following points, in the order 
stated:

------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
T.............................  41[deg]00.5[min] N.  72[deg]00[min] W.
S.............................  40[deg]58[min] N.    72[deg]00[min] W.
From Point ``S'', boundary follows the 3 mile limit of New York as it
 curves around Montauk Point to Point ``P''
P.............................  41[deg]06.5[min] N.  71[deg]47[min] W.
Q.............................  41[deg]11[min]30[se  71[deg]47[min]15[se
                                 c] N.                c] W.
R.............................  41[deg]18[min]30[se  71[deg]5[min]30[sec
                                 c] N.                ]W.
From point ``R'', along the maritime boundary between Connecticut and
 Rhode Island to the coast; then west along the coast of Connecticut to
 the western entrance of Long Island Sound; then east along the New York
 coast of Long Island Sound and back to Point ``T''.
------------------------------------------------------------------------

    (h) EEZ Nearshore Outer Cape Lobster Management Area. EEZ Nearshore 
Outer Cape Lobster Management Area is defined by the area, including 
state and Federal waters off Cape Cod, bounded by straight lines 
connecting the following points, in the order stated:

------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
F                                               42[deg]10[m  69[deg]56[m
                                                      in]N.        in]W.
G                                               42[deg]05.5  70[deg]14[m
                                                    [min]N.        in]W.
G1                                              42[deg]04.2  70[deg]17.2
                                                   5[min]N.     2[min]W.
G2                                              42[deg]02.8  70[deg]16.1
                                                   4[min]N.      [min]W.
G4                                              41[deg]52.[  70[deg]07.4
                                                     min]N.     9[min]W.
G5                                              41[deg]54.4  70[deg]03.9
                                                   6[min]N.     9[min]W.
------------------------------------------------------------------------

    (1) From Point ``G5'' along the outer Cape Cod coast to Point ``H'':

------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
H                                               41[deg]40[m  70[deg]05[m
                                                      in]N.        in]W.
H1                                              41[deg]18[m  70[deg]05[m
                                                      in]N.        in]W.
------------------------------------------------------------------------

    (2) From Point ``H1'' along the eastern coast of Nantucket Island to 
Point ``I'':

------------------------------------------------------------------------
                     Point                        Latitude    Longitude
------------------------------------------------------------------------
I                                               41[deg]15[m  70[deg]00[m
                                                      in]N.        in]W.
J                                               41[deg]21.5  69[deg]16[m
                                                    [min]N.        in]W.
------------------------------------------------------------------------

    (3) From Point ``J'' back to Point ``F''.
    (i) NMFS may, consistent with Sec. 697.25, implement management 
measures necessary for each management

[[Page 911]]

area, in order to end overfishing and rebuild stocks of American 
lobster.

[64 FR 68248, Dec. 6, 1999, as amended at 68 FR 14930, Mar. 27, 2003]



Sec. 697.19  Trap limits and trap tag requirements for vessels fishing with lobster traps.

    (a) Trap limits for vessels fishing or authorized to fish in any 
Nearshore Management Area. (1) Through August 31, 2003, vessels fishing 
in or issued a management area designation certificate or valid limited 
access American lobster permit specifying one or more EEZ Nearshore 
Management Area(s), whether or not in combination with the Area 2/3 
Overlap, shall not fish with, deploy in, possess in, or haul back from 
such area more than 800 lobster traps.
    (2) Beginning September 1, 2003, vessels fishing in or issued a 
valid limited access American lobster permit specifying one or more of 
EEZ Nearshore Management Areas 1, 2, or the Outer Cape Management Area, 
regardless of whether it is in combination with the Area 2/3 Overlap, 
shall not fish with, deploy in, possess in, or haul back from such 
area(s) more than 800 lobster traps, except as noted in paragraph (d) of 
this section.
    (3) Beginning September 1, 2003, vessels fishing in or issued a 
management area designation certificate or valid limited access American 
lobster permit specifying EEZ Management Area 4 may not fish with, 
deploy in, possess in, or haul back from such areas more than the number 
of lobster traps allocated by the Regional Administrator pursuant to the 
qualification process set forth at Sec. 697.4(a)(7)(vii), which will not 
exceed 1,440 lobster traps, except as noted in paragraphs (c) and (e) of 
this section.
    (4) Beginning September 1, 2003, vessels fishing in or issued a 
management area designation certificate or valid limited access American 
lobster permit specifying EEZ Management Area 5 may not fish with, 
deploy in, possess in, or haul back from such areas more than the number 
of lobster traps allocated by the Regional Administrator pursuant to the 
qualification process set forth at Sec. 697.4(a)(7)(viii), which will 
not exceed 1,440 lobster traps, except as noted in paragraphs (c) and 
(e) of this section unless the vessel is operating under an Area 5 Trap 
Waiver permit issued under Sec. 697.26.
    (b) Trap limits for vessels fishing or authorized to fish in the EEZ 
Offshore Management Area. (1) Through August 31, 2003, vessels fishing 
only in or issued a management area designation certificate or valid 
limited access American lobster permit specifying only EEZ Offshore 
Management Area 3, or, specifying only EEZ Offshore Management Area 3 
and the Area 2/3 Overlap, may not fish with, deploy in, possess in, or 
haul back from such areas more than 1,800 lobster traps.
    (2) Beginning September 1, 2003, for fishing years 2003, 2004, 2005, 
2006, and beyond until changed, vessels fishing only in or issued a 
management area designation certificate or valid limited access American 
lobster permit specifying only EEZ Offshore Management Area 3, or, 
specifying only EEZ Offshore Management Area 3 and the Area 2/3 Overlap, 
may not fish with, deploy in, possess in, or haul back from such areas 
more the number of lobster traps allocated by the Regional Administrator 
pursuant to the qualification process set forth at Sec. 697.4(a)(7)(vi) 
and the sliding maximum trap limits identified in Table 1 to part 697, 
except as noted in paragraphs (c) and (e) of this section.
    (c) Lobster trap limits for vessels fishing or authorized to fish in 
more than one EEZ Management Area. A vessel owner who elects to fish in 
more than one EEZ Management Area may not fish with, deploy in, possess 
in, or haul back from any of those elected management areas more lobster 
traps than the lowest number of lobster traps allocated to that vessel 
for any one elected management area.
    (d) Conservation equivalent trap limits in New Hampshire state 
waters. Notwithstanding any other provision, any vessel with a Federal 
lobster permit and a New Hampshire Full Commercial Lobster license may 
fish up to a maximum of 1,200 lobster traps in New Hampshire state 
waters, to the extent authorized by New Hampshire lobster fishery 
regulations. However, such vessel may not fish, possess, deploy, or haul 
back more than 800 lobster traps in the Federal waters of EEZ Nearshore 
Management

[[Page 912]]

Area 1, and may not fish more than a combined total of 1,200 lobster 
traps in the Federal and New Hampshire state waters portions of EEZ 
Nearshore Management Area 1.
    (e) Potential Modifications to Area 3, Area 4, and/or Area 5 Trap 
Limits in Fishing Year 2003. The Regional Administrator may issue 
temporary interim Federal American lobster trap fishing permits pursuant 
to Sec. 697.4 for Areas 3, 4 and/or 5 prior to completion of NMFS' 
review of the Area 3, Area 4 and/or Area 5 qualification applications, 
if the applicant has designated one or more of those areas on their 2003 
Federal lobster permit. These temporary permits will become effective on 
September 1, 2003, for those applicants who have applied in the manner 
set forth in Sec. 697.4(a)(7)(vi)(D)(1), (a)(7)(vii)(D)(1), and/or 
(a)(7)(viii)(D)(1). Any vessel issued a temporary trap fishing permit 
for Area 3 may fish up to 1,800 lobster traps, except as noted in 
paragraph (c) of this section. Any vessel issued a temporary trap 
fishing permit for Area 4 and/or 5 shall not fish more than 800 traps. 
The temporary interim permit will remain valid during fishing year 2003 
until such time the Regional Administrator has reviewed and either 
approved or denied the temporary permitee's historical participation 
application. If approved, the Regional Administrator may issue a revised 
permit and/or management area designation certificate, depending on 
whether the applicant designated that area on his or her 2003 Federal 
permit at the beginning of the year. Any traps being fished, deployed, 
or possessed by the qualified Federal permit holder in excess of the 
number of traps as described in paragraphs (a)(3), (a)(4), and (b)(2) of 
this section must be removed from the water within 14 days after receipt 
of the revised permit, or 30 days after the date it is sent, whichever 
comes first. Revised Federal lobster permits must be retained aboard the 
fishing vessel at all times.
    (f) Trap tag requirements for vessels fishing with lobster traps. 
Any lobster trap fished in Federal waters must have a valid Federal 
lobster trap tag permanently attached to the trap bridge or central 
cross-member. Any vessel with a Federal lobster permit may not possess, 
deploy, or haul back lobster traps in any portion of any management area 
that do not have a valid, federally recognized lobster trap tag 
permanently attached to the trap bridge or central cross-member.
    (g) Maximum lobster trap tags authorized for direct purchase. In any 
fishing year, the maximum number of tags authorized for direct purchase 
by each permit holder is the applicable trap limit specified in 
paragraphs (a) and (b) of this section plus an additional 10 percent to 
cover trap loss.
    (h) EEZ Management area 5 trap waiver exemption. Any vessel issued 
an Area 5 Trap Waiver permit under Sec. 697.4(p) is exempt from the 
provisions of this section.

[68 FR 14930, Mar. 27, 2003]



Sec. 697.20  Size, 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, unless otherwise specified, 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 by vessels issued a Federal limited access 
American lobster permit, is 3\1/4\ inches (8.26 cm).
    (3) The maximum carapace length for all American lobster harvested 
in or from EEZ Nearshore Management Area 1, as defined in 
Sec. 697.18(a)(1), is 5 inches (12.7 cm). Any vessel fishing in or 
permitted to fish in EEZ Nearshore Management Area 1 must comply with 
the 5 inch (12.7 cm) maximum carapace length requirement regardless of 
where the lobsters are harvested.
    (4) 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 paragraph (b) 
in this section.
    (c) Mutilation. (1) Subject to the rebuttable presumption in 
Sec. 697.7(c)(3), no person may remove meat or any body appendage from 
any American lobster harvested in or from the EEZ before, or

[[Page 913]]

at the time of landing, or have in possession any American lobster part 
other than whole lobsters, up to the time when a dealer first receives 
or possesses American lobster.
    (2) Subject to the rebuttable presumption in Sec. 697.7(c)(3), 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 or at the time of landing, or have in possession any 
American lobster part other than whole lobsters, up to the time when a 
dealer first receives or possesses American lobster.
    (d) Berried females. (1) Any berried female harvested in or from the 
EEZ must be returned to the sea immediately.
    (2) Any berried female harvested or possessed by a vessel issued a 
Federal limited access American lobster permit must be returned to the 
sea immediately.
    (3) No vessel, or owner, operator or person aboard a vessel issued a 
Federal limited access American lobster permit may possess any berried 
female.
    (4) No person may possess, ship, transport, offer for sale, sell, or 
purchase, in interstate or foreign commerce, any berried female as 
specified in paragraph (d) of this section.
    (e) Removal of eggs. (1) No person may remove, including, but not 
limited to, the forcible removal and removal by chemicals or other 
substances or liquids, extruded eggs attached to the abdominal 
appendages from any female American lobster.
    (2) No owner, operator or person aboard a vessel issued a Federal 
limited access American lobster permit may remove, including but not 
limited to, the forcible removal, and removal by chemicals or other 
substances or liquids, extruded eggs attached to the abdominal 
appendages from any female American lobster.
    (3) No person may possess, ship, transport, offer for sale, sell, or 
purchase, in interstate or foreign commerce, any whole live American 
lobster that bears evidence of the removal of extruded eggs from its 
abdominal appendages as specified in paragraph (e) of this section.
    (f) Spearing. (1) No person may spear any American lobster in the 
EEZ.
    (2) No person on a vessel issued a Federal lobster license may spear 
a lobster.
    (3) No person may harvest or possess any American lobster which has 
been speared in the EEZ.
    (4) No person may possess, ship, transport, offer for sale, sell, or 
purchase, in interstate or foreign commerce, any American lobster which 
has been speared.



Sec. 697.21  Gear identification and marking, escape vent, maximum trap size, and ghost panel requirements.

    (a) Gear identification and marking. All lobster gear deployed or 
possessed in the EEZ, or, deployed or possessed by a person on or from a 
vessel issued a Federal limited access American lobster permit, and not 
permanently attached to the vessel must be legibly and indelibly marked 
with the following:
    (1) Identification. Effective through April 30, 2000, all lobster 
gear must be marked with the following code of identification:
    (i) A number assigned by the Regional Administrator; or
    (ii) Whatever positive identification marking is required by the 
vessel's home-port state.
    (2) Identification and trap tagging. Beginning May 1, 2000, lobster 
gear must be marked with a trap tag (as specified in Sec. 697.19) with 
the following code of identification:
    (i) A number assigned by the Regional Administrator; or
    (ii) Whatever positive identification marking is required by the 
vessel's home-port state.
    (b) Deployment and gear configuration. In the areas of the EEZ 
described in paragraph (b)(4) of this section, lobster trap trawls are 
to be displayed and configured as follows:
    (1) Lobster trap trawls of three or fewer traps deployed in the EEZ 
must be attached to and marked with a single buoy.
    (2) Lobster trap trawls consisting of more than three traps 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

[[Page 914]]

north), while the easternmost end (meaning the half compass circle from 
magnetic north through east, to and including south) of an American 
lobster trap trawl must be configured with a radar reflector only. 
Standard tetrahedral corner radar reflectors of at least 8 inches (20.32 
cm) (both in height and width, and made from metal) must be employed. (A 
copy of a diagram showing a standard tetrahedral corner radar reflector 
is available upon request to the Office of the Regional Administrator.)
    (3) No American lobster trap trawl shall exceed 1.5 nautical miles 
(2.78 km) in length, as measured from radar reflector to radar 
reflector.
    (4) Gear deployment and configuration requirements specified in 
paragraphs (b)(1) through (b)(3) of this section apply in the following 
areas:
    (i) Gulf of Maine gear area. Gulf of Maine gear area is defined as 
all waters of the EEZ north of 42[deg]20[min] 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. Georges Bank gear area is defined as 
all waters of the EEZ south of 42[deg]20[min] N. lat. and east of 
70[deg]00[min] W. long. or the outer boundary of the territorial sea, 
whichever lies farther east;
    (iii) Southern New England gear area. Southern New England gear area 
is defined as all waters of the EEZ west of 70[deg]00[min] W. long., 
east of 71[deg]30[min] W. long. at a depth greater than 25 fathoms 
(45.72 m); and
    (iv) Mid-Atlantic gear area. Mid-Atlantic gear area is defined as 
all waters of the EEZ, west of 71[deg]30[min] W. long. and north of 
36[deg]33[min] N. lat. at a depth greater than 40 fathoms (73.15 m).
    (c) Escape vents. (1) All American lobster traps deployed or 
possessed in the EEZ, or, deployed or possessed by a person on or from a 
vessel issued a Federal limited access American lobster permit as 
specified under Sec. 697.4, must include either of the following escape 
vents in the parlor section of the trap, located in such a manner that 
it will not be blocked or obstructed by any portion of the trap, 
associated gear, or the sea floor in normal use:
    (i) A rectangular portal with an unobstructed opening not less than 
1\15/16\ inches (4.92 cm) by 5\3/4\ inches (14.61 cm);
    (ii) Two circular portals with unobstructed openings not less than 
2\7/16\ inches (6.19 cm) in diameter.
    (2) The Regional Administrator may, at the request of, or after 
consultation with, the Commission, approve and specify, through a 
technical amendment of this final rule, any other type of acceptable 
escape vent that the Regional Administrator finds to be consistent with 
paragraphs (c)(1)(i) and (ii) of this section.
    (d) Ghost panel. (1) Lobster traps not constructed entirely of wood 
(excluding heading or parlor twine and the escape vent) must contain a 
ghost panel located in the outer parlor(s) of the trap and not in the 
bottom of the trap 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 and covering a rectangular opening not less than 3\3/4\ 
inches (9.53 cm) by 3\3/4\ inches (9.53 cm). The door of the trap may 
serve as the ghost panel, if fastened with one of these materials.
    (2) The Regional Administrator may, at the request of, or after 
consultation with, the Commission, approve and specify, through a 
technical amendment of this rule, any other design, mechanism, material, 
or other parameter 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) Maximum trap size. (1) EEZ Nearshore Management Area maximum 
trap size. (i) Beginning January 5, 2000, American lobster traps 
deployed or possessed in the EEZ, or, deployed or possessed by a person 
on or from a vessel issued a Federal limited access American lobster 
permit as specified under Sec. 697.4, if deployed or possessed by a 
person or vessel permitted to fish in any EEZ Nearshore Management Area 
(Area 1, Outer Cape, Area 2, Area 4, Area 5, or Area 6) and the Area 2/3 
Overlap, or only in the Area 2/3 Overlap shall not exceed 25,245 cubic 
inches (413,690 cubic centimeters) in volume,

[[Page 915]]

as measured on the outside portion of the trap, exclusive of the 
runners;
    (ii) Beginning May 1, 2003, American lobster traps deployed or 
possessed in the EEZ, or, deployed or possessed by a person on or from a 
vessel issued a Federal limited access American lobster permit as 
specified under Sec. 697.4, if deployed or possessed by a person or 
vessel permitted to fish in any EEZ Nearshore Management Area (Area 1, 
Outer Cape, Area 2, Area 4, Area 5, or Area 6) and the Area 2/3 Overlap, 
or only in the Area 2/3 Overlap, shall not exceed 22,950 cubic inches 
(376,081 cubic centimeters) in volume as measured on the outside portion 
of the trap, exclusive of the runners.
    (2) EEZ Offshore Management Area maximum trap size. (i) Beginning 
January 5, 2000, American lobster traps deployed or possessed in the 
EEZ, or, deployed or possessed by a person on or from a vessel issued a 
Federal limited access American lobster permit as specified under 
Sec. 697.4, if deployed or possessed by a person or vessel permitted to 
fish only in EEZ Offshore Management Area 3 or only in EEZ Offshore 
Management Area 3 and the Area 2/3 Overlap, shall not exceed 33,110 
cubic inches (542,573 cubic centimeters) in volume as measured on the 
outside portion of the trap, exclusive of the runners;
    (ii) Beginning May 1, 2003, American lobster traps deployed or 
possessed in the EEZ, or, deployed or possessed by a person on or from a 
vessel issued a Federal limited access American lobster permit as 
specified under Sec. 697.4, if deployed or possessed by a person or 
vessel permitted to fish only in EEZ Offshore Management Area 3 or only 
in EEZ Offshore Management Area 3 and the Area 2/3 Overlap, shall not 
exceed 30,100 cubic inches (493,249 cubic centimeters) in volume as 
measured on the outside portion of the trap, exclusive of the runners.
    (f) Enforcement action. Unidentified, unmarked, unvented, improperly 
vented American lobster traps, or, beginning May 1, 2000, any untagged 
American lobster traps, or any lobster traps subject to the requirements 
and specifications of Sec. 697.21, which fail to meet such requirements 
and specifications may be seized and disposed of in accordance with the 
provisions of part 219 of this title.
    (g) Exemption. Any vessel issued an Area 5 Trap Waiver permit under 
Sec. 697.4(p) is exempt from the provisions of this section.

[64 FR 68248, Dec. 6, 1999, as amended at 66 FR 14502, Mar. 13, 2001]



Sec. 697.22  Exempted fishing.

    The Regional Administrator may exempt any person or vessel from the 
requirements of this part for the conduct of exempted fishing beneficial 
to the management of the American lobster, weakfish, Atlantic striped 
bass, Atlantic sturgeon, or horseshoe crab resource or fishery, pursuant 
to the provisions of Sec. 600.745 of this chapter.
    (a) The Regional Administrator may not grant such exemption unless 
it is determined that the purpose, design, and administration of the 
exemption is consistent with the objectives of any applicable stock 
rebuilding program, the provisions of the ACFCMA, the Magnuson-Stevens 
Act, and other applicable law, and that granting the exemption will not:
    (1) Have a detrimental effect on the American lobster, Atlantic 
striped bass, weakfish, Atlantic sturgeon, or horseshoe crab resource or 
fishery; or
    (2) Create significant enforcement problems.
    (b) Each vessel participating in any exempted fishing activity is 
subject to all provisions of this part, except those explicitly 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 aboard the vessel seeking the benefit of such exemption. 
Exempted fishing activity shall be authorized pursuant to and consistent 
with Sec. 600.745 of this chapter.

[64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001]



Sec. 697.23  Restricted gear areas.

    (a) Resolution of lobster gear conflicts with fisheries managed 
under the Magnuson-Stevens Act shall be done under provisions of 
Sec. 648.55 of this chapter.

[[Page 916]]

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

                            Inshore Boundary
------------------------------------------------------------------------
           Point to                   Latitude            Longitude
------------------------------------------------------------------------
120...........................  40[deg]06.4[min] N.  68[deg]35.8[min] W.
 69...........................  40[deg]07.9[min] N.  68[deg]36.0[min] W.
 70...........................  40[deg]07.2[min] N.  68[deg]38.4[min] W.
 71...........................  40[deg]06.9[min] N.  68[deg]46.5[min] W.
 72...........................  40[deg]08.7[min] N.  68[deg]49.6[min] W.
 73...........................  40[deg]08.1[min] N.  68[deg]51.0[min] W.
 74...........................  40[deg]05.7[min] N.  68[deg]52.4[min] W.
 75...........................  40[deg]03.6[min] N.  68[deg]57.2[min] W.
 76...........................  40[deg]03.65[min]    69[deg]00.0[min] W.
                                 N.
 77...........................  40[deg]04.35[min]    69[deg]00.5[min] W.
                                 N.
 78...........................  40[deg]05.2[min] N.  69[deg]00.5[min] W.
 79...........................  40[deg]05.3[min] N.  69[deg]01.1[min] W.
 80...........................  40[deg]08.9[min] N.  69[deg]01.75[min]
                                                      W.
 81...........................  40[deg]11.0[min] N.  69[deg]03.8[min] W.
 82...........................  40[deg]11.6[min] N.  69[deg]05.4[min] W.
 83...........................  40[deg]10.25[min]    69[deg]04.4[min] W.
                                 N.
 84...........................  40[deg]09.75[min]    69[deg]04.15[min]
                                 N.                   W.
 85...........................  40[deg]08.45[min]    69[deg]03.6[min] W.
                                 N.
 86...........................  40[deg]05.65[min]    69[deg]03.55[min]
                                 N.                   W.
 87...........................  40[deg]04.1[min] N.  69[deg]03.9[min] W.
 88...........................  40[deg]02.65[min]    69[deg]05.6[min] W.
                                 N.
 89...........................  40[deg]02.00[min]    69[deg]08.35[min]
                                 N.                   W.
 90...........................  40[deg]02.65[min]    69[deg]11.15[min]
                                 N.                   W.
 91...........................  40[deg]00.05[min]    69[deg]14.6[min] W.
                                 N.
 92...........................  39[deg]57.8[min] N.  69[deg]20.35[min]
                                                      W.
 93...........................  39[deg]56.65[min]    69[deg]24.4[min] W.
                                 N.
 94...........................  39[deg]56.1[min] N.  69[deg]26.35[min]
                                                      W.
 95...........................  39[deg]56.55[min]    69[deg]34.1[min] W.
                                 N.
 96...........................  39[deg]57.85[min]    69[deg]35.5[min] W.
                                 N.
 97...........................  40[deg]00.65[min]    69[deg]36.5[min] W.
                                 N.
 98...........................  40[deg]00.9[min] N.  69[deg]37.3[min] W.
 99...........................  39[deg]59.15[min]    69[deg]37.3[min] W.
                                 N.
100...........................  39[deg]58.8[min] N.  69[deg]38.45[min]
                                                      W.
102...........................  39[deg]56.2[min] N.  69[deg]40.2[min] W.
103...........................  39[deg]55.75[min]    69[deg]41.4[min] W.
                                 N.
104...........................  39[deg]56.7[min] N.  69[deg]53.6[min] W.
105...........................  39[deg]57.55[min]    69[deg]54.05[min]
                                 N.                   W.
106...........................  39[deg]57.4[min] N.  69[deg]55.9[min] W.
107...........................  39[deg]56.9[min] N.  69[deg]57.45[min]
                                                      W.
108...........................  39[deg]58.25[min]    70[deg]03.0[min] W.
                                 N.
110...........................  39[deg]59.2[min] N.  70[deg]04.9[min] W.
111...........................  40[deg]00.7[min] N.  70[deg]08.7[min] W.
112...........................  40[deg]03.75[min]    70[deg]10.15[min]
                                 N.                   W.
115...........................  40[deg]05.2[min] N.  70[deg]10.9[min] W.
116...........................  40[deg]02.45[min]    70[deg]14.1[min] W.
                                 N.
119...........................  40[deg]02.75[min]    70[deg]16.1[min] W.
                                 N.
to 181........................  39[deg]59.3[min] N.  70[deg]14.0[min] W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
           Point to                   Latitude            Longitude
------------------------------------------------------------------------
 69...........................  40[deg]07.9[min] N.  68[deg]36.0[min] W.
120...........................  40[deg]06.4[min] N.  68[deg]35.8[min] W.
121...........................  40[deg]05.25[min]    68[deg]39.3[min] W.
                                 N.
122...........................  40[deg]05.4[min] N.  68[deg]44.5[min] W.
123...........................  40[deg]06.0[min] N.  68[deg]46.5[min] W.
124...........................  40[deg]07.4[min] N.  68[deg]49.6[min] W.
125...........................  40[deg]05.55[min]    68[deg]49.8[min] W.
                                 N.
126...........................  40[deg]03.9[min] N.  68[deg]51.7[min] W.
127...........................  40[deg]02.25[min]    68[deg]55.4[min] W.
                                 N.
128...........................  40[deg]02.6[min] N.  69[deg]00.0[min] W.
129...........................  40[deg]02.75[min]    69[deg]00.75[min]
                                 N.                   W.
130...........................  40[deg]04.2[min] N.  69[deg]01.75[min]
                                                      W.
131...........................  40[deg]06.15[min]    69[deg]01.95[min]
                                 N.                   W.
132...........................  40[deg]07.25[min]    69[deg]02.0[min] W.
                                 N.
133...........................  40[deg]08.5[min] N.  69[deg]02.25[min]
                                                      W.
134...........................  40[deg]09.2[min] N.  69[deg]02.95[min]
                                                      W.
135...........................  40[deg]09.75[min]    69[deg]03.3[min] W.
                                 N.
136...........................  40[deg]09.55[min]    69[deg]03.85[min]
                                 N.                   W.
137...........................  40[deg]08.4[min] N.  69[deg]03.4[min] W.
138...........................  40[deg]07.2[min] N.  69[deg]03.3[min] W.
139...........................  40[deg]06.0[min] N.  69[deg]03.1[min] W.
140...........................  40[deg]05.4[min] N.  69[deg]03.05[min]
                                                      W.
141...........................  40[deg]04.8[min] N.  69[deg]03.05[min]
                                                      W.
142...........................  40[deg]03.55[min]    69[deg]03.55[min]
                                 N.                   W.
143...........................  40[deg]01.9[min] N.  69[deg]03.95[min]
                                                      W.
144...........................  40[deg]01.0[min] N.  69[deg]04.4[min] W.
146...........................  39[deg]59.9[min] N.  69[deg]06.25[min]
                                                      W.
147...........................  40[deg]00.6[min] N.  69[deg]10.05[min]
                                                      W.
148...........................  39[deg]59.25[min]    69[deg]11.15[min]
                                 N.                   W.
149...........................  39[deg]57.45[min]    69[deg]16.05[min]
                                 N.                   W.
150...........................  39[deg]56.1[min] N.  69[deg]20.1[min] W.
151...........................  39[deg]54.6[min] N.  69[deg]25.65[min]
                                                      W.
152...........................  39[deg]54.65[min]    69[deg]26.9[min] W.
                                 N.
153...........................  39[deg]54.8[min] N.  69[deg]30.95[min]
                                                      W.
154...........................  39[deg]54.35[min]    69[deg]33.4[min] W.
                                 N.
155...........................  39[deg]55.0[min] N.  69[deg]34.9[min] W.
156...........................  39[deg]56.55[min]    69[deg]36.0[min] W.
                                 N.
157...........................  39[deg]57.95[min]    69[deg]36.45[min]
                                 N.                   W.
158...........................  39[deg]58.75[min]    69[deg]36.3[min] W.
                                 N.
159...........................  39[deg]58.8[min] N.  69[deg]36.95[min]
                                                      W.
160...........................  39[deg]57.95[min]    69[deg]38.1[min] W.
                                 N.
161...........................  39[deg]54.5[min] N.  69[deg]38.25[min]
                                                      W.
162...........................  39[deg]53.6[min] N.  69[deg]46.5[min] W.
163...........................  39[deg]54.7[min] N.  69[deg]50.0[min] W.
164...........................  39[deg]55.25[min]    69[deg]51.4[min] W.
                                 N.
165...........................  39[deg]55.2[min] N.  69[deg]53.1[min] W.
166...........................  39[deg]54.85[min]    69[deg]53.9[min] W.
                                 N.
167...........................  39[deg]55.7[min] N.  69[deg]54.9[min] W.
168...........................  39[deg]56.15[min]    69[deg]55.35[min]
                                 N.                   W.
169...........................  39[deg]56.05[min]    69[deg]56.25[min]
                                 N.                   W.
170...........................  39[deg]55.3[min] N.  69[deg]57.1[min] W.
171...........................  39[deg]54.8[min] N.  69[deg]58.6[min] W.
172...........................  39[deg]56.05[min]    70[deg]00.65[min]
                                 N.                   W.
173...........................  39[deg]55.3[min] N.  70[deg]02.95[min]
                                                      W.
174...........................  39[deg]56.9[min] N.  70[deg]11.3[min] W.
175...........................  39[deg]58.9[min] N.  70[deg]11.5[min] W.
176...........................  39[deg]59.6[min] N.  70[deg]11.1[min] W.
177...........................  40[deg]01.35[min]    70[deg]11.2[min] W.
                                 N.
178...........................  40[deg]02.6[min] N.  70[deg]12.0[min] W.
179...........................  40[deg]00.4[min] N.  70[deg]12.3[min] W.
180...........................  39[deg]59.7[min] N.  70[deg]13.05[min]
                                                      W.

[[Page 917]]

 
181...........................  39[deg]59.3[min] N.  70[deg]14.0[min] W.
                                                      to
119...........................  40[deg]02.75[min]    70[deg]16.1[min] W.
                                 N.
------------------------------------------------------------------------

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

                            Inshore Boundary
------------------------------------------------------------------------
           Point to                   Latitude            Longitude
------------------------------------------------------------------------
 1............................  39[deg]59.3[min] N.  70[deg]14.0[min] W.
49............................  40[deg]02.75[min]    70[deg]16.1[min] W.
                                 N.
50............................  40[deg]00.7[min] N.  70[deg]18.6[min] W.
51............................  39[deg]59.8[min] N.  70[deg]21.75[min]
                                                      W.
52............................  39[deg]59.75[min]    70[deg]25.5[min] W.
                                 N.
53............................  40[deg]03.85[min]    70[deg]28.75[min]
                                 N.                   W.
54............................  40[deg]00.55[min]    70[deg]32.1[min] W.
                                 N.
55............................  39[deg]59.15[min]    70[deg]34.45[min]
                                 N.                   W.
56............................  39[deg]58.9[min] N.  70[deg]38.65[min]
                                                      W.
57............................  40[deg]00.1[min] N.  70[deg]45.1[min] W.
58............................  40[deg]00.5[min] N.  70[deg]57.6[min] W.
59............................  40[deg]02.0[min] N.  71[deg]01.3[min] W.
60............................  39[deg]59.3[min] N.  71[deg]18.4[min] W.
61............................  40[deg]00.7[min] N.  71[deg]19.8[min] W.
62............................  39[deg]57.5[min] N.  71[deg]20.6[min] W.
63............................  39[deg]53.1[min] N.  71[deg]36.1[min] W.
64............................  39[deg]52.6[min] N.  71[deg]40.35[min]
                                                      W.
65............................  39[deg]53.1[min] N.  71[deg]42.7 W.
66............................  39[deg]46.95[min]    71[deg]49.0[min] W.
                                 N.
67............................  39[deg]41.15[min]    71[deg]57.1[min] W.
                                 N.
68............................  39[deg]35.45[min]    72[deg]02.0[min] W.
                                 N.
69............................  39[deg]32.65[min]    72[deg]06.1[min] W.
                                 N.
70............................  39[deg]29.75[min]    72[deg]09.8[min] W.
                                 N.
to 48.........................  39[deg]29.0[min] N.  72[deg]09.25[min]
                                                      W.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
           Point to                   Latitude            Longitude
------------------------------------------------------------------------
49............................  40[deg]02.75[min]    70[deg]16.1[min] W.
                                 N.
 1............................  39[deg]59.3[min] N.  70[deg]14.0[min] W.
 2............................  39[deg]58.85[min]    70[deg]15.2[min] W.
                                 N.
 3............................  39[deg]59.3[min] N.  70[deg]18.4[min] W.
 4............................  39[deg]58.1[min] N.  70[deg]19.4[min] W.
 5............................  39[deg]57.0[min] N.  70[deg]19.85[min]
                                                      W.
 6............................  39[deg]57.55[min]    70[deg]21.25[min]
                                 N.                   W.
 7............................  39[deg]57.5[min] N.  70[deg]22.8[min] W.
 8............................  39[deg]57.1[min] N.  70[deg]25.4[min] W.
 9............................  39[deg]57.65[min]    70[deg]27.05[min]
                                 N.                   W.
10............................  39[deg]58.58[min]    70[deg]27.7[min] W.
                                 N.
11............................  40[deg]00.65[min]    70[deg]28.8[min] W.
                                 N.
12............................  40[deg]02.2[min] N.  70[deg]29.15[min]
                                                      W.
13............................  40[deg]01.0[min] N.  70[deg]30.2[min] W.
14............................  39[deg]58.58[min]    70[deg]31.85[min]
                                 N.                   W.
15............................  39[deg]57.05[min]    70[deg]34.35[min]
                                 N.                   W.
16............................  39[deg]56.42[min]    70[deg]36.8[min] W.
                                 N.
21............................  39[deg]58.15[min]    70[deg]48.0[min] W.
                                 N.
24............................  39[deg]58.3[min] N.  70[deg]51.1[min] W.
25............................  39[deg]58.1[min] N.  70[deg]52.25[min]
                                                      W.
26............................  39[deg]58.05[min]    70[deg]53.55[min]
                                 N.                   W.
27............................  39[deg]58.4[min] N.  70[deg]59.6[min] W.
28............................  39[deg]59.8[min] N.  71[deg]01.05[min]
                                                      W.
29............................  39[deg]58.2[min] N.  71[deg]05.85[min]
                                                      W.
30............................  39[deg]57.45[min]    71[deg]12.15[min]
                                 N.                   W.
31............................  39[deg]57.2[min] N.  71[deg]15.0[min] W.
32............................  39[deg]56.3[min] N.  71[deg]18.95[min]
                                                      W.
33............................  39[deg]51.4[min] N.  71[deg]36.1[min] W.
34............................  39[deg]51.75[min]    71[deg]41.5[min] W.
                                 N.
35............................  39[deg]50.05[min]    71[deg]42.5[min] W.
                                 N.
36............................  39[deg]50.0[min] N.  71[deg]45.0[min] W.
37............................  39[deg]48.95[min]    71[deg]46.05[min]
                                 N.                   W.
38............................  39[deg]46.6[min] N.  71[deg]46.1[min] W.
39............................  39[deg]43.5[min] N.  71[deg]49.4[min] W.
40............................  39[deg]41.3[min] N.  71[deg]55.0[min] W.
41............................  39[deg]39.0[min] N.  71[deg]55.6[min] W.
42............................  39[deg]36.72[min]    71[deg]58.25[min]
                                 N.                   W.
43............................  39[deg]35.15[min]    71[deg]58.55[min]
                                 N.                   W.
44............................  39[deg]34.5[min] N.  72[deg]00.75[min]
                                                      W.
45............................  39[deg]32.2[min] N.  72[deg]02.25[min]
                                                      W.
46............................  39[deg]32.15[min]    72[deg]04.1[min] W.
                                 N.
47............................  39[deg]28.5[min] N.  72[deg]06.5[min] W.
48............................  39[deg]29.0[min] N.  72[deg]09.25[min]
                                                      W.
to 70.........................  39[deg]29.75[min]    72[deg]09.8[min] W.
                                 N.
------------------------------------------------------------------------

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

[[Page 918]]



                            Inshore Boundary
------------------------------------------------------------------------
           Point to                   Latitude            Longitude
------------------------------------------------------------------------
 49...........................  40[deg]02.75[min]    70[deg]16.1[min] W.
                                 N.
182...........................  40[deg]05.6[min] N.  70[deg]17.7[min] W.
183...........................  40[deg]06.5[min] N.  70[deg]40.05[min]
                                                      W.
184...........................  40[deg]11.05[min]    70[deg]45.8[min] W.
                                 N.
185...........................  40[deg]12.75[min]    70[deg]55.05[min]
                                 N.                   W.
186...........................  40[deg]10.7[min] N.  71[deg]10.25[min]
                                                      W.
187...........................  39[deg]57.9[min] N.  71[deg]28.7[min] W.
188...........................  39[deg]55.6[min] N.  71[deg]41.2[min] W.
189...........................  39[deg]55.85[min]    71[deg]45.0[min] W.
                                 N.
190...........................  39[deg]53.75[min]    71[deg]52.25[min]
                                 N.                   W.
191...........................  39[deg]47.2[min] N.  72[deg]01.6[min] W.
192...........................  39[deg]33.65[min]    72[deg]15.0[min] W.
                                 N.
to 70.........................  39[deg]29.75[min]    72[deg]09.8[min] W.
                                 N.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
           Point to                   Latitude            Longitude
------------------------------------------------------------------------
182...........................  40[deg]05.6[min] N.  70[deg]17.7[min] W.
 49...........................  40[deg]02.75[min]    70[deg]16.1[min] W.
                                 N.
 50...........................  40[deg]00.7[min] N.  70[deg]18.6[min] W.
 51...........................  39[deg]59.8[min] N.  70[deg]21.75[min]
                                                      W.
 52...........................  39[deg]59.75[min]    70[deg]25.5[min] W.
                                 N.
 53...........................  40[deg]03.85[min]    70[deg]28.75[min]
                                 N.                   W.
 54...........................  40[deg]00.55[min]    70[deg]32.1[min] W.
                                 N.
 55...........................  39[deg]59.15[min]    70[deg]34.45[min]
                                 N.                   W.
 56...........................  39[deg]58.9[min] N.  70[deg]38.6[min] W.
 57...........................  40[deg]00.1[min] N.  70[deg]45.1[min] W.
 58...........................  40[deg]00.5[min] N.  70[deg]57.6[min] W.
 59...........................  40[deg]02.0[min] N.  71[deg]01.3[min] W.
 60...........................  39[deg]59.3[min] N.  71[deg]18.4[min] W.
 61...........................  40[deg]00.7[min] N.  71[deg]19.8[min] W.
 62...........................  39[deg]57.5[min] N.  71[deg]20.6[min] W.
 63...........................  39[deg]53.1[min] N.  71[deg]36.1[min] W.
 64...........................  39[deg]52.6[min] N.  71[deg]40.35[min]
                                                      W.
 65...........................  39[deg]53.1[min] N.  71[deg]42.7[min] W.
 66...........................  39[deg]46.95[min]    71[deg]49.0[min] W.
                                 N.
 67...........................  39[deg]41.15[min]    71[deg]57.1[min] W.
                                 N.
 68...........................  39[deg]35.45[min]    72[deg]02.0 W.
                                 N.
 69...........................  39[deg]32.65[min]    72[deg]06.1[min] W.
                                 N.
 70...........................  39[deg]29.75[min]    72[deg]09.8[min] W.
                                 N.
to 192........................  39[deg]33.65[min]    72[deg]15.0[min] W.
                                 N.
------------------------------------------------------------------------

    (e) Restricted Gear Area IV--(1) Duration for Mobile Gear. From June 
16 through September 30 of each fishing year, no fishing vessel with 
mobile gear or person on a fishing vessel with mobile gear may fish, or 
be, in Restricted Gear Area IV (as defined in paragraph (e)(2) of this 
section) unless transiting only, provided that all mobile gear is on 
board the vessel while inside the area.
    (2) Definition of Restricted Gear Area IV. Restricted Gear Area IV 
is defined by straight lines connecting the following points in the 
order stated:

                            Inshore Boundary
------------------------------------------------------------------------
             Point                    Latitude            Longitude
------------------------------------------------------------------------
193...........................  40[deg]13.60[min]    68[deg]40.60[min]
                                 N.                   W.
194...........................  40[deg]11.60[min]    68[deg]53.00[min]
                                 N.                   W.
195...........................  40[deg]14.00[min]    69[deg]04.70[min]
                                 N.                   W.
196...........................  40[deg]14.30[min]    69[deg]05.80[min]
                                 N.                   W.
197...........................  40[deg]05.50[min]    69[deg]09.00[min]
                                 N.                   W.
198...........................  39[deg]57.30[min]    69[deg]25.10[min]
                                 N.                   W.
199...........................  40[deg]00.40[min]    69[deg]35.20[min]
                                 N.                   W.
200...........................  40[deg]01.70[min]    69[deg]35.40[min]
                                 N.                   W.
201...........................  40[deg]01.70[min]    69[deg]37.40[min]
                                 N.                   W.
202...........................  40[deg]00.50[min]    69[deg]38.80[min]
                                 N.                   W.
203...........................  40[deg]01.30[min]    69[deg]45.00[min]
                                 N.                   W.
204...........................  40[deg]02.10[min]    70[deg]45.00[min]
                                 N.                   W.
205...........................  40[deg]07.60[min]    70[deg]04.50[min]
                                 N.                   W.
206...........................  40[deg]07.80[min]    70[deg]09.20[min]
                                 N.                   W.
to 119........................  40[deg]02.75[min]    70[deg]16.1[min] W.
                                 N.
------------------------------------------------------------------------


                            Offshore Boundary
------------------------------------------------------------------------
           Point to                   Latitude            Longitude
------------------------------------------------------------------------
193...........................  40[deg]13.60[min]    68[deg]40.60[min]
                                 N.                   W.
 69...........................  40[deg]07.90[min]    68[deg]36.00[min]
                                 N.                   W.
 70...........................  40[deg]07.20[min]    68[deg]38.40[min]
                                 N.                   W.
 71...........................  40[deg]06.90[min]    68[deg]46.50[min]
                                 N.                   W.
 72...........................  40[deg]08.70[min]    68[deg]49.60[min]
                                 N.                   W.
 73...........................  40[deg]08.10[min]    68[deg]51.00[min]
                                 N.                   W.
 74...........................  40[deg]05.70[min]    68[deg]52.40[min]
                                 N.                   W.
 75...........................  40[deg]03.60[min]    68[deg]57.20[min]
                                 N.                   W.
 76...........................  40[deg]03.65[min]    69[deg]00.00[min]
                                 N.                   W.
 77...........................  40[deg]04.35[min]    69[deg]00.50[min]
                                 N.                   W.
 78...........................  40[deg]05.20[min]    69[deg]00.50[min]
                                 N.                   W.
 79...........................  40[deg]05.30[min]    69[deg]01.10[min]
                                 N.                   W.
 80...........................  40[deg]08.90[min]    69[deg]01.75[min]
                                 N.                   W.
 81...........................  40[deg]11.00[min]    69[deg]03.80[min]
                                 N.                   W.
 82...........................  40[deg]11.60[min]    69[deg]05.40[min]
                                 N.                   W.
 83...........................  40[deg]10.25[min]    69[deg]04.40[min]
                                 N.                   W.
 84...........................  40[deg]09.75[min]    69[deg]04.15[min]
                                 N.                   W.
 85...........................  40[deg]08.45[min]    69[deg]03.60[min]
                                 N.                   W.
 86...........................  40[deg]05.65[min]    69[deg]03.55[min]
                                 N.                   W.
 87...........................  40[deg]04.10[min]    69[deg]03.90[min]
                                 N.                   W.
 88...........................  40[deg]02.65[min]    69[deg]05.60[min]
                                 N.                   W.
 89...........................  40[deg]02.00[min]    69[deg]08.35[min]
                                 N.                   W.
 90...........................  40[deg]02.65[min]    69[deg]11.15[min]
                                 N.                   W.
 91...........................  40[deg]00.05[min]    69[deg]14.60[min]
                                 N.                   W.
 92...........................  39[deg]57.80[min]    69[deg]20.35[min]
                                 N.                   W.
 93...........................  39[deg]56.75[min]    69[deg]24.40[min]
                                 N.                   W.
 94...........................  39[deg]56.50[min]    69[deg]26.35[min]
                                 N.                   W.
 95...........................  39[deg]56.80[min]    69[deg]34.10[min]W.
                                 N.
 96...........................  39[deg]57.85[min]    69[deg]35.05[min]W.
                                 N.
 97...........................  40[deg]00.65[min]    69[deg]36.50[min]W.
                                 N.
 98...........................  40[deg]00.90[min]    69[deg]37.30[min]W.
                                 N.
 99...........................  39[deg]59.15 N.      69[deg]37.30[min]W.
100...........................  39[deg]58.80[min]    69[deg]38.45[min]W.
                                 N.
102...........................  39[deg]56.20[min]    69[deg]40.20[min]W.
                                 N.
103...........................  39[deg]55.75[min]    69[deg]41.40[min]W.
                                 N.
104...........................  39[deg]56.70[min]    69[deg]53.60[min]W.
                                 N.
105...........................  39[deg]57.55[min]    69[deg]54.05[min]W.
                                 N.
106...........................  39[deg]57.40[min]    69[deg]55.90[min]W.
                                 N.
107...........................  39[deg]56.90[min]    69[deg]57.45[min]W.
                                 N.
108...........................  39[deg]58.25[min]    70[deg]03.00[min]W.
                                 N.
110...........................  39[deg]59.20[min]    70[deg]04.90[min]W.
                                 N.
111...........................  40[deg]00.70[min]    70[deg]08.70[min]W.
                                 N.
112...........................  40[deg]03.75[min]    70[deg]10.15[min]W.
                                 N.
115...........................  40[deg]05.20[min]    70[deg]10.90[min]W.
                                 N.
116...........................  40[deg]02.45[min]    70[deg]14.1[min]W.
                                 N.
119...........................  40[deg]02.75[min]    70[deg]16.1[min] W.
                                 N.
to 206........................  40[deg]07.80[min]    70[deg]09.20[min]
                                 N.                   W.
------------------------------------------------------------------------

    (f) Carl N. Shuster Jr. Horseshoe Crab Reserve. (1) No vessel or 
person may fish for horseshoe crabs in the area known as the Carl N. 
Shuster Jr. Horseshoe Crab Reserve bounded as follows:

[[Page 919]]

    (i) On the north by a straight line connecting points 
39[deg]14.6[min]N. lat., 74[deg]30.9[min]W. long. (3 nm off of Peck 
Beach, NJ) and 39[deg]14.6[min]N lat., 74[deg]22.5[min]W. long.
    (ii) On the east by a straight line connecting points 
39[deg]14.6[min]N. lat., 74[deg]22.5[min]W. long. and 38[deg]22.0[min]N. 
lat., 74[deg]22.5[min]W. long.
    (iii) On the south by a straight line connecting points 
38[deg]22.0[min]N. lat., 74[deg]22.5[min]W. long. and 38[deg]22.0[min]N. 
lat., 75[deg]00.4[min]W. long. (3 nm off of Ocean City, MD).
    (iv) On the west by the outermost boundary of state waters.
    (2) No vessel or person on a vessel with a trawl or dredge may 
possess horseshoe crabs in the area described in paragraph (f)(1) of 
this section.
    (3) Horseshoe crabs caught in the area described in paragraph (f)(1) 
of this section must be returned immediately to the water without 
further harm.

[64 FR 68248, Dec. 6, 1999, as amended at 66 FR 8911, Feb. 5, 2001]



Sec. 697.24  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[min]08[sec] N. lat., 69.5 deg.34[min]18[sec] W. long., and 
43.5 deg.42[min]15[sec] N. lat., 69.5 deg.19[min]18[sec] W. long.
    (b) East of Monhegan Island in the area located west of the line 
43.5 deg.44[min]00[sec] N. lat., 69.5 deg.15[min]05[sec] W. long., and 
43.5 deg.48[min]10[sec] N. lat., 69.5 deg.08[min]01[sec] W. long.
    (c) South of Vinalhaven in the area located west of the line 43.5 
deg.521[sec] N. lat., 68.5 deg.39[min]54[sec] W. long., and 43.5 
deg.48[min]10[sec] N. lat., 67.5 deg.40[min]33[sec] W. long.
    (d) South of Boris Bubert Island in the area located north of the 
line 44.5 deg.19[min]15[sec] N. lat, 67.5 deg.49[min]30[sec] W. long. 
and 44.5 deg.23[min]45[sec] N. lat., 67.5 deg.40[min]33[sec] W. long.



Sec. 697.25  Adjustment to management measures.

    (a) On or before February 15, 2001, and annually on or before 
February 15, thereafter, NMFS may, after consultation with the 
Commission, publish a proposed rule to implement additional or different 
management measures for Federal waters in any of the management areas 
specified in Sec. 697.18 if it is determined such measures are necessary 
to achieve or be compatible with ISFMP objectives, or the ISFMP, to be 
consistent with the national standards of the Magnuson-Stevens Act, or 
to meet overfishing and rebuilding requirements of the Magnuson-Stevens 
Act. These management measures may include, but are not limited to, 
continued reductions of fishing effort or numbers of traps, increases in 
minimum or decreases in maximum size, increases in the escape vent size, 
decreases in the lobster trap size, closed areas, closed seasons, 
landing limits, trip limits and other management area-specific measures 
as may be identified and recommended by the Commission prior to December 
1 of the previous year. After considering public comment, NMFS may 
publish a final rule to implement any such measures.
    (b) Conservation equivalency measures. The Regional Administrator 
may consider future recommendations for modifications to Federal 
regulations based on conservation equivalency for American lobster that 
are formally submitted to him/her in writing by the ASMFC. These 
recommendations must, for consideration by the Regional Administrator, 
contain the following supporting information:
    (1) A description of how Federal regulations should be modified;
    (2) An explanation of how the recommended measure(s) would achieve a 
level of conservation benefits for the resource equivalent to the 
applicable Federal regulations;
    (3) An explanation of how Federal implementation of the conservation 
equivalent measure(s) would achieve ISFMP objectives, be consistent with 
the Magnuson-Stevens Act national standards, and be compatible with the

[[Page 920]]

effective implementation of the ISFMP; and
    (4) A detailed analysis of the biological, economic, and social 
impacts of the recommended conservation equivalent measure(s). After 
considering the recommendation and the necessary supporting information, 
NMFS may issue a proposed rule to implement the conservation equivalent 
measures. After considering public comment, NMFS may issue a final rule 
to implement such measures.
    (c) At any other time, NMFS may publish a proposed rule, after 
consultation with the Commission, to implement any additional or 
different management measures in order to achieve ISFMP objectives or be 
compatible with Commission measures or recommendations or to be 
consistent with the national standards of the Magnuson-Stevens Act, or 
to meet overfishing and rebuilding requirements of the Magnuson-Stevens 
Act. After considering public comments, NMFS may publish a final rule to 
implement any such measures.
    (d) Notwithstanding other provisions of this part, NMFS may publish 
any additional or different management measures as described herein 
without prior public comment, pursuant to and consistent with 5 U.S.C. 
553.

[64 FR 68248, Dec. 6, 1999, as amended at 68 FR 14931, Mar. 27, 2003]



Sec. 697.26  EEZ Nearshore Management Area 5 Trap Waiver.

    (a) Eligibility. Vessels eligible for limited access lobster permits 
under Sec.  697.4(a)(1) and limited access black sea bass permits under 
Sec. 648.4(a)(7)(i) of this chapter may request an Area 5 Trap Waiver 
Permit, under the procedures described in Sec. 697.4.
    (b) Restrictions. A vessel issued an Area 5 Trap Waiver permit under 
this section may engage in trap fishing for black sea bass in EEZ 
Nearshore Management Area 5 and is exempt from the provisions of 
Sec. 697.19 and Sec. 697.21 if such fishing is conducted in accordance 
with all other provisions of this section and all other Federal and 
state laws and regulations applicable to lobster and black sea bass 
fishing.
    (1) A vessel issued a permit under this section may retain, land and 
sell an incidental allowance of lobster equal to the non-trap harvest 
restrictions specified in Sec. 697.17(a).
    (2) A vessel issued a permit under this section may not possess on 
board or deploy bait or baited traps.

[66 FR 14502, Mar. 13, 2001]

           Table 1 to Part 697--Area 3 Trap Reduction Schedule

[[Page 921]]

[GRAPHIC] [TIFF OMITTED] TR27MR03.000


[68 FR 14932, Mar. 27, 2003; 68 FR 16732, Apr. 7, 2003]


[[Page 923]]



                              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 925]]

            Material Approved for Incorporation by Reference

                     (Revised as of October 1, 2003)

  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 927]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2003)

                      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)

                   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)
      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)
     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)

[[Page 928]]

    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)
        LV  National Endowment for the Arts (Part 6501)
       LVI  National Endowment for the Humanitiess (Part 6601)
      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)
     LXVII  Institute of Museum and Library Services (Part 7701)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     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--Homeland Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

[[Page 929]]

                         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)
       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)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      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)

[[Page 930]]

      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     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  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--599)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1400)

                 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)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

[[Page 931]]

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  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)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    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)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)

[[Page 932]]

            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, 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)

[[Page 933]]

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     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  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (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)

[[Page 934]]

       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 1600-
                -1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and 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--1699)

[[Page 935]]

         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)

                           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 (Parts 1000--1199)
       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--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--299)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       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)

[[Page 936]]

      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 0-
                -99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security 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)
       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)

[[Page 937]]

            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)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
     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)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (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)

[[Page 938]]

            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)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 300-
                -399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         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)
        XV  Oklahoma City National Memorial Trust (Part 1501)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States 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)

[[Page 939]]

           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)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       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
        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 Service, 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)
       102  Federal Management Regulation (Parts 102-1--102-299)
       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)

[[Page 940]]

       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-70)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (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)

[[Page 941]]

        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)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 1-
                -199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (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)

[[Page 942]]

         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  Broadcasting Board of Governors (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)
        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 (Parts 
                5400--5499)
        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)

[[Page 943]]

                       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 Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (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)
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1599)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International 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 945]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2003)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
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                            5, LXXIII
  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
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
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 946]]

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
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
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
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
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
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  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, United States      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
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 947]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  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
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
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
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
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, IV, 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                5, III, LXXVII; 14, VI; 
                                                  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

[[Page 948]]

  Trade Representative, Office of the United      15, XX
       States
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
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
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
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 Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
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
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 949]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  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
  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
  Centers for Medicare & Medicaid Services        42, IV
  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
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V; 42, I
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
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
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
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; 42, I
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General

[[Page 950]]

  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
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
  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 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, XI; 40, 
                                                  IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  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
  Employee Benefits Security Administration       29, XXV
  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
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A

[[Page 951]]

  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of 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
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  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
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
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 and Community Service, Corporation for   45, XII, XXV
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 Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
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 Interstate Low-Level Radioactive Waste  10, XVIII
   Commission
[[Page 952]]

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
Oklahoma City National Memorial Trust             36, XV
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, United States        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 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
  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 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; 28, XI
  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

[[Page 953]]

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
  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
  Federal Motor Carrier Safety Administration     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
  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 Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            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 Service,        41, 61; 20, IX
     Office of the 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 955]]



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, 
2001, 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, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in 
11 separate volumes.

                                  2001

50 CFR
                                                                   66 FR
                                                                    Page
Chapter VI
600 Fishing restrictions..............................2389, 22469, 35388
    Specifications......................2338, 10209, 18409, 28676, 28846
    Technical correction....................................38162, 55599
    Inseason adjustments....................................50851, 63199
    Temporary regulations..........................................54721
600.120 Revised....................................................57886
600.125 Revised....................................................57887
600.135 Revised....................................................57887
600.150 Revised....................................................57887
600.155 Revised....................................................57887
600.205 Revised....................................................57888
600.245 (a) removed; (b), (c) and (d) redesignated as (a), (b) and 
        (c)........................................................57888
600.518 (b)(1) table revised.......................................28132
622 Temporary regulations.......7591, 11237, 13440, 15357, 33917, 35761, 
                                              54723, 57396, 58410, 60161
    Policy statement...............................................16618
    Inseason adjustments...........................................32779
622.31 Regulation at 65 FR 56502 eff. date extended through 9-14-
        01.........................................................14862
622.39 (c)(1)(ii) revised..........................................17369
622.42 (c)(1)(i) revised...........................................17369
622.44 (a)(2)(i) and (d)(4)(i) revised.............................17370
635 Quotas.........................55, 46400, 46401, 49321, 53346, 57397
    Retention limits........................................31844, 40151
    Fishing season notification....................................33918
    Quota specifications...........................................37421
    Inseason adjustment.....................................42805, 64378
    Temporary regulations............................46401, 48221, 54165
    Closure........................................................63002
635.2 Amended.......................................................8904
    Amended; eff. 7-11-01 through 1-9-02...........................36712
635.4 (d)(3) stayed; (d)(6) added..................................29511
    (b)(1) and (d)(1), (2) and (3) revised.........................30652
635.5 (a)(1) amended...............................................30653
    (a)(3), (b)(1)(i), (ii), (iii), (2)(i), (ii)(A) and (B) 
revised............................................................42804
635.6 (b)(1) introductory text and (iii) revised...................42804
635.7 (d) revised; interim.........................................17372
635.20 (e)(1) stayed; eff. 3-6-01 through 9-4-01...................13443
    (f)(1) amended.................................................42804
    (e)(1) suspended (temporary)...................................67121
635.21 (c)(2)(ii) and (iii) revised.................................8904
    (c) introductory text amended; (c)(5) added; interim...........17372
    (a)(3) added; eff. 9-15-01 through 1-9-02; (c)(2) stayed; 
(c)(6) added; eff. 7-15-01 through 1-9-02; (c)(5)(iii) added; eff. 
8-1-01 through 1-9-02..............................................36714
635.22 (c) amended..................................................8904
635.27 (b)(1)(iii) revised..........................................8904
    (b)(1)(i), (ii), (iv)(A) and (c) stayed; (b)(1)(v) and (vi) 
added; eff. 3-6-01 through 9-4-01..................................13443
    (a)(2)(i), (ii) and (iii) revised..............................42805
    (b)(1)(i), (ii), (iv)(A) and (C) suspended; (b)(1)(iv)(D), (v) 
and (vi) added.....................................................67121

[[Page 956]]

635.28 (b)(1) stayed; (b)(4) added; eff. 3-6-01 through 9-4-01.....13443
635.41 (a) introductory text, (1), (2) and (b) amended.............42805
635.42 (a) heading, (1), (2), (3), (b) heading, (1), (2) and (3) 
        amended....................................................42805
635.43 (a)(2), (5), (12), (b) and (c) amended......................42805
635.44 (a) and (b) amended.........................................42805
635.45 Amended.....................................................42805
635.47 Amended.....................................................42805
635.69 Stayed.......................................................1907
635.71 (a)(33) and (34) added; interim.............................17373
    (a)(27) amended................................................30653
    (a)(24), (b)(25) and (26) amended; (a)(35) and (b)(28) added; 
(b)(5) and (6) revised.............................................42805
640 Figure 1 correctly added; CFR correction.......................49135
648 Quotas........8904, 27615, 29729, 41151, 57398, 58073, 63002, 65660, 
                                                                   67122
    Regulation at 65 FR 82944 eff. date delayed.....................9778
    Allowable catch levels.........................................15812
    Temporary regulations......16151, 27043, 29238, 31184, 33210, 37165, 
                         41454, 43122, 45785, 48011, 55599, 56041, 58074
    Specifications.................................................28846
    Technical corrections..........................................47413
    Suspension of surf clam minimum size limit.....................54723
    Inseason adjustment............................................56039
    Daily trip limit...............................................56040
    Fishery management measures....................................65454
648.1 (a) amended; eff. 11-01-01...................................49142
648.2 Amended; eff. 11-01-01.......................................49142
648.4 (a)(3)(iii) revised..........................................36210
    (a)(12) added; (b) revised; eff. 11-01-01......................49142
648.5 (a) amended; eff. 11-01-01...................................49143
648.6 (a)(1) revised; eff. 11-01-01................................49144
648.7 (a)(2)(i) amended; (b)(1)(iv) added; eff. 11-01-01...........49144
648.10 (b)(1) introductory text amended.....................21643, 24056
648.11 (a) amended (e) revised; eff. 11-01-01......................49144
648.12 Introductory text revised; eff. 11-01-01....................49144
648.14 Regulation at 65 FR 77466 eff. date delayed in part.........12438
    (a)(84), (92), (122) and (u)(9) revised; (a)(123) removed......12910
    (a)(38), (39), (40) and (h)(27) revised; (a)(110), (111), 
(h)(29) through (33), (i)(8) and (9) added..................21644, 24056
    (aa)(7) added..................................................22476
    (a)(80) and (u)(2) revised.....................................39291
    (j) introductory text, (k) introductory text, (l) introductory 
text, (m) introductory text, (p) introductory text, (q) 
introductory text, (u) introductory text, (v) introductory text 
and (w) introductory text revised..................................42158
    (x)(11) and (cc) added; eff. 11-01-01..........................49144
    (a)(92) and (u)(1) revised.....................................66357
648.21 (e) revised.................................................13028
    (f) revised....................................................35566
    (a), (b) and (c) revised; (g) added............................42159
648.22 (a) revised.................................................13028
648.52 Heading, (a) and (c) revised; (d) and (e) added......21644, 24056
648.53 (b) table revised....................................21644, 24057
648.57 Added; interim...............................................9679
    Heading, (a) introductory text and (b) introductory text 
revised.....................................................21645, 24057
    Added..........................................................45785
648.58 Revised..............................................21645, 24057
648.80 (h)(1) revised.......................................21647, 24060
648.81 (a)(1) introductory text, (b)(1) introductory text, (2)(ii) 
        and (c)(1) introductory text revised................21647, 24060
648.86 (a)(2)(iii) revised..................................21648, 24060
648.88 (c) revised..........................................21648, 24060
648.100 Regulation at 65 FR 47649 eff. date delayed.................8091
    Revised........................................................36211
    (a), (b) and (d) revised; (f) added............................42160
    Corrected......................................................45187
648.101 Regulation at 65 FR 47650 eff. date delayed.................8091
648.102 Revised.............................................36212, 39291
648.103 (b) revised.........................................36212, 39291
648.104 Regulation at 65 FR 47650 eff. date delayed.................8091
648.105 (a) amended................................................36212
    (a) revised....................................................39292
648.107 Regulation at 65 FR 47651 eff. date delayed.................8091

[[Page 957]]

    Revised........................................................36212
648.120 (b)(2) revised.............................................12911
    (a) revised....................................................39292
    (a), (b) introductory text, (1), (4) and (c) revised; (e) 
added..............................................................42161
    Corrected; (b)(6) correctely revised...........................45187
648.122 (a), (b) and (c) revised; (d) removed......................12911
    Heading revised; (g) added.....................................39292
648.123 (a)(1) and (5) revised.....................................12911
    (a)(1) revised.................................................66357
648.124 (b) revised................................................39292
648.125 (a) revised................................................39292
648.140 (b)(2) revised.............................................12911
    (a), (b) introductory text, (1), (6) and (c) revised; (e) 
added..............................................................42161
648.142 Revised....................................................39292
648.143 (b) amended................................................39292
    (a) revised....................................................66357
648.144 (a)(1)(i) and (b)(2) revised...............................66357
648.145 Introductory text removed; (a), (b) and (c) redesignated 
        as (b), (c) and (d); new (a) added.........................39292
    (d) revised....................................................66358
648.160 (a) revised................................................23627
    (a) through (d) revised; (h) added.............................42162
648.164 (a) amended................................................23627
648.205 Regulation at 65 FR 77469 eff. date delayed in part........12438
648.230 (d)(1) revised.............................................22476
648.235 Added......................................................22476
648.260--648.268 (Subpart M) Added; interim; eff. 5-18-01 through 
        11-14-01...................................................23184
    (Subpart M) Regulation at 66 FR 23184 eff. date extended.......56781
648.262 (a) amended; eff. 7-18-01 through 11-14-01; interim........38166
648.263 (a) amended; eff. 7-18-01 through 11-14-01; interim........38166
648.265 (a) stayed; (c) amended; (d) added; eff. 7-18-01 through 
        11-14-01; interim..........................................38166
648.268 (a)(1) and (5) amended; eff. 7-18-01 through 11-14-01; 
        interim....................................................38166
648.290--648.294 (Subpart N) Added; eff. 11-01-01..................49145
660 Fishing restrictions........2389, 11119, 22469, 35388, 35761, 44552, 
                                                            49875, 57687
    Specifications.............................2338, 10209, 18409, 28676
    Temporary regulations......17373, 34583, 38573, 42453, 45634, 45635, 
                                                                   54721
    Inseason adjustments.......17639, 36212, 46403, 46966, 49322, 50851, 
                                                     52062, 63199, 66811
    Fishery management measures....................................23185
    Technical correction....................................38162, 55599
    Harvest guidelines.............................................38571
    Specifications.................................................48370
    Reallocation...................................................54166
660.12 Amended; eff. to 6-8-02; interim............................63632
660.21 (l) added; interim..........................................31564
    Regulation at 66 FR 31564 eff. date extended to 6-8-02.........63630
    Regulation at 66 FR 31564 eff. date extended to 6-8-02.........63630
660.22 (z), (aa) and (bb) stayed; (ee) through (ll) added; 
        interim; eff, 2-22-01 through 8-20-01......................11121
    (ee) revised; eff. 3-14-01 through 8-20-01.....................15359
    (ee) through (ll) stayed; (mm) through (tt) added; interim.....31564
660.23 (a) stayed, (c) added; interim; eff, 2-22-01 through 8-20-
        01.........................................................11121
    (a) stay terminated; (c) stayed; interim.......................31564
    Regulation at 66 FR 31564 eff. date extended to 6-8-02.........63630
660.28 (c) stayed; interim; eff, 2-22-01 through 8-20-01...........11121
    (c) stay terminated; interim...................................31564
    Regulation at 66 FR 31564 eff. date extended to 6-8-02.........63630
660.32 (a)(3), (b)(4), (5) and (e) added; interim..................31564
    Regulation at 66 FR 31564 eff. date extended to 6-8-02.........63630
660.33 Added; interim; eff, 2-22-01 through 8-20-01................11121
    (a)(4) added; eff. 3-14-01 through 8-20-01.....................15359
    Stayed.........................................................31564
    Regulation at 66 FR 31564 eff. date extended to 6-8-02.........63630
660.34 Added; interim..............................................31564
    Regulation at 66 FR 31564 eff. date extended to 6-8-02.........63630
660.35 Added; interim..............................................31565
    (a)(7) suspended; (a)(10) added; eff. through 6-8-02; interim 
                                                                   63632
    Regulation at 66 FR 31565 eff. date extended to 6-8-02.........63630

[[Page 958]]

660.36 Added; interim..............................................31565
    Regulation at 66 FR 31565 eff. date extended to 6-8-02.........63630
660.302 Amended...............................20612, 29733, 40919, 41157
660.306 (y) added..................................................20613
    (n) revised....................................................40919
    (s) and (t) revised............................................41157
660.321 (b) revised................................................29733
660.323 (a)(3)(vi) added; (b) revised..............................29733
    (a)(2) revised.................................................41157
660.333 (a) revised; (h)(1)(i) and (ii) removed; (h)(1)(iii) and 
        (iv) redesignated as (h)(1)(i) and (ii)....................29734
    Revised........................................................40919
    (a) revised....................................................41158
660.334 Revised....................................................40919
    (b), (c)(1)(i) and (d)(1) revised; (c)(3) and (d)(3) added.....41158
    Corrected......................................................45786
660.335 Removed....................................................29734
    Added..........................................................40919
    (c) through (h) redesignated as (d) through (i); new (c) 
added; heading, new (d)(1) and (e)(3) revised......................41158
660.336 Removed....................................................40922
660.337 Removed....................................................29734
660.338 (b) removed; (c) redesignated as (b).......................29734
    Revised........................................................40922
660.340 Revised....................................................40922
660.360 Added......................................................20613
660.402 Amended....................................................29241
660.408 (c)(1)(ii) and (vi) amended; (c)(1)(v) and (A) revised; 
        (c)(1)(viii) and (ix) redesignated as (ix) and (x); new 
        (c)(1)(viii) added.........................................29241
660.410 Heading, (a) and (b)(1) revised............................29241
660.518 Added......................................................44987
660.519 Added......................................................44987
679 Fishery management measures.........................742, 3501, 34125
    Authority citation revised......................................7309
    Temporary regulations........9679, 9680, 10637, 10969, 11123, 12739, 
         12912, 13028, 13266, 13671, 14343, 14863, 15201, 15359, 15360, 
         16155, 16409, 16410, 16619, 17373, 17087, 17088, 17089, 17815, 
         21691, 21886, 21887, 23196, 27043, 28132, 28679, 29241, 29511, 
         29512, 31849, 35761, 36213, 36492, 37166, 37600, 38166, 38167, 
         38573, 38574, 39119, 41455, 42455, 42969, 45786, 46404, 46967, 
                  47417, 47418, 47591, 50576, 52713, 53736, 55128, 64380
    Nomenclature change............................................27909
    Reallocation............................................49146, 50858
    Notification...................................................64915
679.1 Introductory text, (d) introductory text and (1)(i)(B) 
        revised....................................................27909
679.2 Amended; interim..............................................7309
    Amended; interim; eff. 1-18-01 through 7-17-01..................7327
    Amended..........................................13677, 43526, 47417
    Corrected...............................................16014, 34852
    Amended; (A)(1) through (15) redesignated as (2) through (16); 
new (16) revised; new (1) added....................................27909
    Regulation at 66 FR 7330 eff. date extended to 1-14-02.........35911
    Regulation at 66 FR 7309 eff. date extended....................37179
679.4 (l) added; interim; eff. 1-18-01 through 12-31-01.............7310
    (g)(5)(iii)(A) correctly revised...............................13857
    (d)(1)(i) revised..............................................27910
679.5 (a)(4)(iv), (f)(3), (i)(1)(iii) and (o) added; interim; eff. 
        1-18-01 through 12-31-01; (f)(4) added; interim; eff. 1-
        18-01 through 7-17-01.......................................7314
    (l)(7)(ii)(C)(4)(i) correctly revised..........................13672
    (l)(1)(iv), (2)(iv)(A)(2), (vi), (3)(i)(A), (ii), (4) and 
(5)(i) revised.....................................................27910
    Regulation at 66 FR 7314 eff. date extended in part............37179
    (p) added......................................................43526

[[Page 959]]

679.7 (a)(11) and (b) stayed to 7-17-01; (a)(17) and (j) added; 
        interim; eff. 1-18-01 through 7-17-01.......................7315
    (k) correctly added; interim...................................26809
    (f)(14) revised................................................27910
    (f)(4) amended.................................................33031
    Regulation at 66 FR 26809 eff. date extended...................35911
    Regulation at 66 FR 7315 eff. date extended in part............37179
679.20 (a)(5)(i)(A), (ii)(B) and (c)(2)(ii) stayed; (a)(5)(i)(B), 
        (ii)(C), (c)(2)(iii) and (7) added; interim; eff. 1-18-01 
        through 7-17-01; (d)(1)(iv) added; interim; eff. 1-18-01 
        through 12-31-01............................................7315
    (b)(1)(iii)(A) revised; (f)(3) added...........................13677
    (a)(5)(i)(D), (E) and (c)(3)(iv) added; (d)(1)(iv) stayed; 
(d)(1)(v) added; eff. 1-18-01 to 7-17-01; interim...................7330
    Regulation at 66 FR 7330 eff. date extended to 1-14-02.........35911
    Regulation at 66 FR 7315 eff. date extended in part; 
(a)(7)(i)(C)(2) stayed; (a)(5)(i)(C), (7)(i)(C)(4) and (c)(7) 
added..............................................................37179
    (b)(1)(iv) removed; (b)(1)(v) redesignated as new (b)(1)(iv) 
                                                                   41807
679.21 (d)(8) and (e)(3)(v) added; interim; eff. 1-18-01 through 
        12-31-01....................................................7316
679.22 (k) correctly designated as (l)..............................1375
    (a)(7), (8) and (b)(2) stayed; (a)(11), (12), (13), (b)(3) and 
(5) added; interim; eff. 1-18-01 through 7-17-01; (a)(11)(v), 
(12)(v) and (b)(3)(iv) added; interim; eff. 6-10-01 through 7-17-
01..................................................................7316
    Corrected; (a)(11)(iv)(D)(1) table, (2), (v)(A)(2), (3) and 
(C) correctly added................................................15657
    (a)(12)(iii)(A), (iv), (v)(C), (b)(3)(iv)(C) correctly added; 
(b)(5) correctly redesignated as (b)(6)............................15658
    (a)(15) and (b)(8) added; interim; eff. 6-10-01; (a)(13) and 
(b)(6) stayed; (a)(14) and (b)(7) added; interim; eff. 3-23-01 
through 7-17-01....................................................17086
    Regulation at 66 FR 7316 eff. date extended in part............37179
    (a)(5)(i) stayed; (a)(5)(iv), (11), (12)(i), (ii), (iii)(A), 
(iv) through (viii), (13), (b)(3), (6) and (7) added...............37180
    (a)(12)(vii) correctly removed; (a)(12)(viii) correctly 
redesignated as (a)(12)(vii); (a)(13)(iii)(C) and (b)(7)(ii)(B) 
correctly added....................................................48372
679.23 (d)(2), (e)(2) and (4)(iii) stayed; (d)(3), (4), 
        (e)(4)(iv), (v), (5) and (6) added; interim; eff. 1-18-01 
        through 7-17-01.............................................7319
    (e)(6)(i) stayed; (e)(6)(iii) added; interim; eff. 3-23-01 
through 7-17-01....................................................17087
    (d)(4) and (e)(6)(iii) stayed; (d)(5) and (e)(6)(iv) added; 
eff. 6-10-01 through 7-17-01.......................................31848
    Regulation at 66 FR 7319 eff. date extended in part............37179
    (d)(4) and (e)(6)(iii) added...................................37182
679.26 (b)(l)(vi) corrected........................................53122
679.31 (f) revised.................................................13678
    (f) suspended; (g) added.......................................37182
679.32 (a)(2) revised; (e) added...................................13678
679.40 (a)(6)(i) revised...........................................27910
679.41 (h)(2) and (k) revised......................................27910
679.42 (j)(6) added................................................27911
679.43 (c) revised.................................................27911
679.50 (c)(5) and (d)(5) added; interim; eff. 1-18-01 through 12-
        31-01.......................................................7320
    (c)(4)(i), (5) and (d)(5) stayed; (c)(4)(vi), (6) and (d)(6) 
added; interim; eff. 1-18-01 through 7-17-01........................7331
    Regulation at 66 FR 7331 eff. date extended to 1-14-02.........35911
679.59--679.64 (Subpart F) Added; interim; eff. 1-18-01 through 
        12-31-01....................................................7320
679.60 Corrected...................................................15658
679 Tables 12, 13 and 20 stayed; Table 21 added; interim; eff. 1-
        18-01 through 7-17-01.......................................7323
    Corrected......................................................15659
    Tables 21 through 24 added.....................................37182
    Table 14 removed; tables 14a, b, c, 16, 17 and 18 added; table 
15 revised.........................................................43527
     Table 21 correctly revised....................................44074
     Table 22 correctly revised....................................44079
     Table 23 correctly revised....................................44081

[[Page 960]]

     Table 24 correctly revised....................................44084
     Tables 22, 23, and 24 correctly revised; interim..............48372
    Table 14A correctly added......................................55124
    Table 15 correctly revised.....................................55125
    Table 16 correctly added.......................................55126
    Table 18 correctly added.......................................55128
697 Fishing restrictions...........................................13443
    Fishery management measures....................................20202
697.2 Amended................................................8910, 14501
697.4 (d)(1) revised; (p) added....................................14501
697.7 (e) added.....................................................8911
    (c)(1)(vii) through (x) revised................................14501
697.19 (e) added...................................................14502
697.21 (g) added...................................................14502
697.22 Introductory text and (a)(1) revised.........................8911
697.23 (f) added....................................................8911
697.26 Added.......................................................14502

                                  2002

50 CFR
                                                                   67 FR
                                                                    Page
Chapter VI
600 Temporary regulations....................................1540, 57534
    Technical correction....3821, 3823, 3824, 7289, 15338, 40871, 48571, 
                                                                   55166
    Fishery management measures...............10490, 61824, 62204, 70018
    Fishery management measures; eff. 9-10-02 through 3-12-03......57973
    Inseason adjustment.....................................30604, 44778
600.10 Amended...............................................2375, 64312
600.746 (c)(1) introductory text revised...........................64312
600.805--600.815 (Subpart J) Revised................................2376
600.905--600.930 (Subpart K) Revised................................2376
600.1019--600.1023 (Subpart M) Added................................6200
622 Temporary regulations.............................4210, 14660, 44569
    Comment request.................................................4677
    Fishery management measures.......10113, 50367, 65902, 72112, 71901, 
                                                                   71902
    Trip limit reduction...........................................11055
    Policy statement...............................................21598
622.1 (b) Table 1 amended..........................................22362
622.2 Amended......................................................51078
622.4 (a)(2)(vi) amended...........................................22362
    (a)(1) and (g) revised; (r) added..............................43562
    (a)(2)(ix) added; eff. 12-5-02.................................51078
    (r) introductory text, (1) and (6) amended; (r)(1), (6) and 
(8)(v) suspended in part; (r)(8)(vi) added; eff. 12-17-02 to 6-16-
03.................................................................77195
622.5 (b)(1) revised; eff. 12-26-02................................43565
622.6 (b)(1)(i)(B) amended.........................................22362
    (a)(1)(i) introductory text revised; eff. 12-5-02..............51078
622.7 (z) revised..................................................22361
    (b) and (f) revised............................................43565
622.17 Revised.....................................................22361
622.31 (k) added...................................................51079
622.34 (d) revised.................................................47468
622.38 (h) amended.................................................22362
622.40 (b)(3)(i) amended; (b)(3)(ii)(B) and (d)(2)(ii) revised.....22362
622.43 (a)(3)(ii) revised; eff. 12-26-02...........................43565
622.48 (g) revised.................................................22362
635 Technical correction............................................8211
    Inseason adjustments.............................39869, 47470, 59477
    Temporary regulations..........................................56934
    Quotas.........................................................61537
    Fishery management measures.......61537, 63854, 66072, 68045, 71487, 
                                                                   77433
635.2 Amended...............................................45400, 77436
635.4 (a)(1), (2), (5), (b), (d)(1), (2), (3), (h)(1) introductory 
        text and (m)(1) revised; (c) added.........................77436
635.5 (a)(4) and (5) added.........................................45400
    (c) amended....................................................77437
635.6 (b)(1) introductory text revised; (c)(1) amended.............77437
635.20 Regulation at 66 FR 67121 eff. date extended to 12-30-02....37354
    (e)(1) suspended; eff. 12-31-02 to 6-30-03.....................78993
635.21 (a)(4), (c)(5)(iii) and (6)(v) amended.......................1669
    (a)(3), (c)(5)(iii), (d)(3)(v) and (vi) added; (c)(2) and 
(d)(3)(iv) revised; eff. 10-7-02...................................45400
    (a)(4) added...................................................47469
635.22 (a), (c) and (d) revised....................................77437
635.23 (b) introductory text, (2), (3), (c) introductory text and 
        (3) revised................................................77438
635.25 Added.......................................................70026
635.27 Regulation at 66 FR 67121 eff. date extended to 12-30-02....37354
    (c) revised....................................................70026

[[Page 961]]

    (a) introductory text amended, (1)(i) introductory text and 
(2) introductory text amended......................................77438
    (b)(1)(i) and (ii) suspended; (b)(1)(v) and (vi) added.........78993
635.28 Regulation at 66 FR 67121 eff. date extended to 12-30-02....37354
    (b)(3) revised.................................................77438
    (b)(1) and (2) suspended; (b)(4) and (5) added.................78993
635.30 (c)(1), (2) and (3) revised..................................6201
635.31 (c)(3) and (5) revised.......................................6201
    (a)(1) revised.................................................77438
635.45 Revised.....................................................70027
635.47 Revised.....................................................70027
635.71 (d)(6) and (7) revised.......................................6201
    (a)(36) and (37) added.........................................45401
    (a)(30) revised................................................47469
    (a)(24) and (29) revised; (a)(3)(8) added......................70027
    (b)(1), (3), (14) and (15) revised.............................77439
640.7 (v) added....................................................47469
640.26 Added.......................................................47469
648 Temporary regulations.......1909, 20056, 37725, 38908, 44570, 45401, 
                                              50604, 53520, 54747, 56765
    Quotas.....................................2824, 38908, 57758, 61040
    Inseason adjustment.....................................49621, 56229
    Fishery management measures.......62650, 63311, 64825, 66072, 69148, 
           70027, 70556, 71111, 71488, 72867, 76318, 76701, 78994, 79887
648.1 (a) amended..................................................63229
648.2 Amended; interim......................................21143, 50304
    Amended........................................................63229
648.4 (a)(5)(i) amended............................................44391
    (a)(1)(i)(I)(2) and (c)(2)(iii) revised; interim...............50304
 (a)(13) added.....................................................63229
648.5 (a) amended..................................................63231
648.6 (a)(1) revised...............................................63231
648.7 (b)(1)(iii)(B) revised; (b)(1)(iii)(C) redesignated as 
        (b)(1)(iii)(D); new (b)(1)(iii)(C) added....................3444
    (b)(1)(iii) and (iv) removed; (b)(2) added.....................63231
648.10 (c)(1) suspended; (c)(6) added; interim.....................21144
    (c)(1) revised; interim........................................50305
    (c) introductory text, (2) and (5) revised.....................63232
648.11 (a) amended; (e) revised....................................63232
648.12 Introductory text revised...................................63232
648.13 (g) added...................................................63232
648.14 (a)(92) corrected............................................3126
    (z)(2) introductory text revised................................5242
    (aa)(4) revised; (aa)(5) and (6) removed........................6201
    (a)(35) through (45), (47), (49) through (53), (90), (101), 
(102), (104), (112), (116), (121), (b)(2), (c)(10), (13), (19), 
(20), (23) through (26), (29) through (31), (g)(2), (3) and 
(z)(2)(i) suspended; (a)(123) through (148), (b)(3), (c)(32) 
through (37) and (g)(4) through (6) added; interim.................21144
    (a)(149) through (151) added; interim..........................30332
    (a)(149) through (151) removed; interim........................38609
    (a)(35), (42), (43), (45), (47), (52), (102), (112), (116), 
(b)(1), (2), (c)(7), (8), (13), (14), (15), (23), (26), (29), (31) 
and (z)(2)(i) revised; (a)(123) through (126), (b)(3), (4), 
(c)(32) and (33) added; (c)(20) removed; interim...................50305
    (x)(12) and (dd) added.........................................63232
648.21 (f)(3) added.................................................3627
    (a)(1) and (d)(1) revised; (a)(4) and (5) added................44394
648.53 (e) suspended; (g) added; interim...........................21145
648.80 (a)(3)(i)(A), (7)(i)(B), (8)(i)(A), (B), (14)(i)(B), (C) 
        and (b)(3)(i)(B) amended; (a)(3)(i)(B), (4)(i)(B), (C), 
        (9)(i)(D)(1), (2), (b)(3)(i)(A) and (c)(2)(iii) revised.....5242
    (a) through (d) and (g) through (i) suspended; (j) through (p) 
added; interim.....................................................21145
    Regulation at 67 FR 30331 eff. date corrected in part..........30331
    (n)(6) added; interim..........................................30332
    (n)(6) removed; interim........................................38609
    (a), (b) (c)(1), (2), (d)(2), (e)(2), (h)(1) and (i)(8) 
revised; (c)(2)(iv) and (5) added; interim.........................50306
    (a)(15) introductory text, table and (i)(F) revised............69696
648.81 (a) through (i), (n) and (o) suspended; (p) through (w) 
        added; interim.............................................21154

[[Page 962]]

    (u)(1) correctly revised; eff. date corrected; interim.........30332
    (u) heading and (1) revised; interim...........................38609
    (c)(2)(iii)(B), (d), (g)(1), (2)(iii), (iv), (v), (h), (i) and 
(n) revised; interim...............................................50316
648.82 (b)(6), (7), (e), (k)(1)(i), (ii) and (v) suspended; 
        (b)(8), (9), (k)(1)(viii), (ix) and (l) added; interim.....21156
    (b), (k) introductory text, (1), (i), (ii) and (2) revised; 
(k)(1)(vi) and (vii) removed; (k)(3), (4), (5) and (l) added; 
interim............................................................50318
648.83 (a)(1) suspended; (a)(3) added; interim.....................30333
    (a)(3) revised; interim........................................38609
    (a)(1) revised; interim........................................50320
648.86 (d) and (e) headings revised.................................5243
    (b)(4), (d)(2) and (e)(2) suspended; (b)(5), (d)(4) and (e)(4) 
added; interim.....................................................21157
    (b)(1)(i), (ii)(A), (b)(2) and (3) revised; (h) added; interim
                                                                   50321
648.88 (a) introductory text, (1) and (c) revised; interim.........50322
648.89 (b) through (e) suspended; (f) through (i) added; interim 
                                                                   21157
    (b)(1), (c) and (e)(1) revised; interim........................50322
648.90 (a)(2) amended...............................................5244
648.91 (c)(1)(i) and (ii) suspended; (c)(1)(v) and (vi) added; 
        interim....................................................21158
    (c)(1)(i) and (ii) revised; interim............................50323
648.92 (b)(8)(i) and (ii) suspended; (b)(8)(vi) added; interim.....21158
    (b)(1) suspended; (b)(9) added; interim; eff. to 11-18-02......35931
    (b)(2) and (8)(i) revised; interim.............................50323
648.94 (b)(1) through (7) and (c)(2) suspended; (b)(8) through 
        (11) and (c)(7) added; interim; eff. to 11-18-02...........35931
    Regulation at 67 FR 35931 eff. date extended; interim..........67568
648.100 (d) introductory text amended; (d)(1)(ii) revised...........6880
    (d) introductory text heading added............................50372
648.102 Revised....................................................50372
648.103 (b) revised................................................50372
648.105 (a) amended................................................50372
648.107 Revised....................................................50372
648.120 (d)(4), (5) and (6) removed; (a) and (c) revised; (d)(3) 
        added.......................................................6880
648.122 (g) revised................................................50372
648.124 (b) revised................................................50373
648.125 (a) amended................................................50373
648.140 (c) and (d)(2) revised; (d)(3) and (4) added................6881
648.142 Revised....................................................50373
648.143 (b) revised................................................50373
648.200 (a) amended.................................................3446
648.202 (a) amended; (f) added......................................3446
648.230 (a) revised; eff. to 4-30-03...............................30616
648.235 (c) added...................................................6201
648.260--648.264 (Subpart M) Added.................................63233
654.1 (a) amended..................................................61993
654.2 Amended......................................................61991
    Introductory text amended......................................61993
654.3 (a) revised; (d) removed.....................................61991
654.4 Heading revised; text added..................................61991
654.6 Introductory text added; (a) and (b) revised.................61993
654.7 (o) added....................................................47469
    (a) and (g) revised; (p) and (q) added; (n) amended............61993
654.8 Revised......................................................61993
654.9 Revised......................................................61993
654.20 (b)(2)(i) amended...........................................61993
654.25 (b) amended.................................................61993
654.26 Amended.....................................................61993
654.27 (d) amended.................................................61993
654.28 Added.......................................................47469
660 Temporary regulations........1540, 16322, 52892, 56497, 57345, 58733
    Inseason adjustments.......20056, 30604, 44778, 47334, 49875, 50835, 
                                              52889, 52891, 60599, 61041
    Technical correction....3821, 3823, 3824, 7289, 40871, 48571, 55166, 
                                                                   61994
    Specifications.................................................18117
    Demonstration project proposals................................18512
    Fishery management measures.......30616, 47470, 61994, 62204, 62401, 
                  63055, 63057, 64826, 65514, 65728--65730, 70018, 79889
    Restrictions...................................................39632
    OMB number.....................................................57346
    Fishery management measures; eff. 9-10-02 through 3-12-03......57973

[[Page 963]]

    Reallocation...................................................60601
660.1 (c) added.....................................................6201
660.12 Amended.................................4371, 11945, 34412, 65906
    Amended; eff. 10-4-02..........................................56501
660.14 (a) revised; eff. 10-04-02..................................56501
    (b), (c), (e) and (f)(2) amended...............................65906
660.15 (e) and (j) amended.........................................65906
660.17 (a), (c), (d), (e)(1), (2), (4) and (k) amended.............65906
660.21 (l) added...................................................40235
    (l) and (d) through (k) redesignated as (n) and (e) through 
new (l); new (l)(1) revised; (d) and (m) added; eff. 10-4-02.......56502
    (l) introductory text and (1) through (4) amended..............65906
660.22 (uu) added...................................................4371
    (nn) suspended; (vv) and (ww) added; interim...................16325
    (hh) and (ii) removed; (jj) through (tt) added.................40235
    (z) through (dd) revised; (ee) through (ii) added..............34412
    Amended; (i) revised; (vv) added; eff. 10-4-02.................56502
660.23 (a) and (b) amended.........................................65906
660.27 (e), (f)(1), (2) introductory text and (i) amended..........65906
660.28 (b), (e), (g), (h), (i)(1) and (2)(ii) amended..............65906
660.31 (c)(2), (d)(2) and (g)(2) amended...........................65906
    Corrected......................................................69479
660.32 (a)(1) and (2) redesignated as (a)(4) and (5); new (a)(1) 
        and (2) added; (a)(3) revised..............................40236
    Corrected......................................................48576
660.33 Added.......................................................40236
660.34 (i) added; interim..........................................16325
    Redesignated from 660.36 and revised...........................40237
660.35 Added.......................................................34412
660.36 Added.......................................................34413
    Redesignated as 660.34.........................................40237
660.37 Added........................................................4371
660.38 Added........................................................4371
660.43 (b) amended.................................................65906
660.50 (c) amended.................................................65906
660.51 (a), (b), (c)(1), (2), (d) through (g)(2) and (j)(2) 
        amended....................................................65906
660.52 (a), (b)(1), (3) amended....................................65906
660.53 (c)(2) and (d)(2) amended...................................65906
660.65 (a) and (d) amended.........................................65906
660.66 Introductory text and (a) amended...........................65906
660.67 (c)(1), (2), (4), (d)(2)(iii) and (iv) amended..............65906
660.81 (e) amended.................................................65906
660.82 (c) introductory text revised...............................11945
660.84 (c)(2) and (4) amended......................................65906
660.85 (a) amended.................................................65906
660.86 Revised.....................................................11945
660.88 Revised.....................................................11945
660.302 Amended....................................................65906
660.321 (a) amended................................................65906
660.323 (a)(2)(ii) revised.........................................10525
    (a)(2)(ii)(A) revised..........................................15338
660.324 (d) and (f) amended........................................65905
    (d) amended....................................................65906
660.334 (d)(2) and (3) redesignated as (d)(3) and (4); new (d)(2) 
        added; new (d)(3) and (4) revised..........................65905
660.335 (d)(1), (2) and (e)(1) revised.............................65906
660.339 Amended....................................................65906
660.350 (b)(3) amended.............................................65906
660.402 Amended....................................................65906
660.409 (a)(1) and (b)(1) amended..................................65906
660.411 (c) amended................................................65906
660 Figure 2 amended................................................4371
    Table 1 revised................................................11945
    Figure 3 removed...............................................34412
679 Fishery management measures...............................1160, 1163
    Notification..............................................3447, 9928
    Temporary regulations......3126, 3446, 3825, 4677, 6202, 6662, 6882, 
           8906, 9416, 10113, 10635, 10847, 11262, 11608, 12486, 13101, 
         14882, 15126, 16325, 20057, 34624, 35448, 36541, 37726, 40621, 
         41639, 45069, 45673, 45920, 45921, 46611, 47335, 47336, 47471, 
         47472, 47740, 48416, 48417, 49877, 50604, 51129, 51130, 51499, 
                55730, 56230, 56231, 56934, 57184, 57185, 60602, 61291, 
          61292,61826, 61827, 62212, 62651, 62910, 63312, 64066, 65046, 
           66575, 67798, 70557, 70858, 71489, 76998, 77439, 78733, 78739
    Comment request..........................................4677, 34860
    Recordkeeping and reporting requirements........................5749
    Bycatch rate standards.........................................36845
    Table 3 correctly added........................................46024
    Inseason adjustments...........................................56766
    Reallocation...................................................57183

[[Page 964]]

    Authority citation revised; eff. to 12-31-07...................79721
679.1 Nomenclature change...........................................4148
    (g) amended....................................................13293
    (i) heading revised............................................44094
    (k) revised; eff. to 12-31-07..................................79721
679.2 Amended......................999, 4106, 13293, 18138, 64316, 72610
    Nomenclature change.............................................4148
    Corrected..........................22010, 22017, 22018, 55170, 71112
    Amended; eff. to 12-31-07......................................79721
679.4 (b)(5)(iv)(E) and (F) added....................................999
    (a)(1) through (6) redesignated as (a)(3) through (8); (a) 
introductory text, (1), (2) and (3)(v) added; (a) heading, (3) 
heading, (b)(3), (4)(ii), (5), (d) heading, (2), (3) heading, 
(i)(A), (f)(2) and (4)(ii) revised..................................4107
    Nomenclature change.............................................4148
    (k)(1)(i) revised; (k)(9) added; eff. in part 1-1-03...........18138
    Corrected......................................................22010
    (i) heading corrected..........................................22018
    (k)(9)(iii)(D) corrected.......................................53321
    (b)(5)(vi) and (vii) amended...................................64317
    (a)(1)(iii) revised; (k)(10), and (l) added; eff. to 12-31-07 
                                                                   79723
679.5 (n)(2)(iii)(A)(4) added........................................999
    (a) through (k), (l)(1) through (6), (7)(i)(C)(3)(ii), (4)(i), 
(D) and (m) through (o) revised.....................................4108
    Nomenclature change.............................................4148
    Corrected.......................................................5148
    (a)(7)(iv)(C) table, (g)(4)(ii)(B) and (l)(2)(iv)(J)(1) 
corrected; (b)(5)(v) and (n)(3)(B)(4) correctly added..............22011
    (n)(2)(iii)(B)(4) amended......................................64317
679.6 Nomenclature change...........................................4148
    Heading, (a) and (f) corrected.................................22018
679.7 (a)(11), (b), (c)(3), (d)(16) and (23) suspended; (a)(18) 
        and (k) added (temporary); (a)(7)(iii) through (vii), 
        (17), (19), (d)(26) and (j) added; eff. in part through 7-
        8-02.........................................................999
    Nomenclature change.............................................4148
    (a)(10) and (11) revised........................................4132
    (d)(26) removed; (d)(11), (16), (23) and (f)(8) revised; 
regulation at 67 FR 999 superseded in part.........................18139
    (a)(18) correctly added; (f)(8) suspended; (f)(16) added; eff. 
in part through 7-8-02.............................................21604
    Regulation at 67 FR 999 eff. date extended in part to 12-31-02
                                                                   34860
    (a)(7)(iii), (iv), (v), (vii), (17), (18), (19), (f)(16), (j) 
and (k) amended....................................................64316
    (f)(8)(ii)(B)(2) correctly revised.............................71112
    (a)(3) revised.................................................72611
    (a)(7), and (k) revised; eff. to 12-31-07......................79728
    Amended; eff. to 12-31-07......................................79738
679.8 Amended.......................................................4148
679.20 (a)(5)(i)(A), (ii)(B), (7)(i)(C)(2), (3), (ii)(A), 
        (iii)(A), (B), (f)(2) and (3) suspended (temporary); 
        (a)(5)(i)(B), (F), (ii)(C), (6)(ii), (iii), (7)(i)(C)(4), 
        (5), (ii)(D), (E), (iii)(D), (8)(ii)(C), (iii), (11), 
        (b)(2)(i), (ii), (d)(4) and (f)(4) added; eff. in part 
        through 7-8-02..............................................1000
    Nomenclature change.............................................4148
    (f)(4) removed; (f)(2) revised; regulation at 67 FR 1000 
superseded in part.................................................18139
    (a)(7)(ii)(D) and (E) revised..................................21605
    Regulation at 67 FR 1000 eff. date extended in part to 12-31-
02.................................................................34860
    (a)(8)(iii) and (A) correctly revised..........................45673
    (a)(5)(i)(B), (F), (ii)(C), (6)(ii), (iii), (7)(i)(C)(4), (5), 
(ii)(d), (E), (iii)(D), (8)(ii)(C), (iii), (11), (b)(2)(i), (ii) 
and (d)(4) amended.................................................64317
    (a)(5)(ii) redesignated as (a)(5)(iii); new (a)(5)(ii) and 
(d)(1)(iv) added; (a)(5)(i)(A), (6), (b)(1)(i) and (c)(4) revised; 
eff. to 12-31-07...................................................79730
679.21 (b)(1), (e)(1)(ii) and (iii) revised.........................4132
    Nomenclature change.............................................4148
    (d)(8) and (e)(3)(v) added; eff. to 12-31-07...................79731
679.22 (a)(5)(i), (ii), (iii), (7), (8) and (b)(2) suspended 
        (temporary); (a)(5)(iv), (11), (12), (b)(3) and (6) added; 
        eff. in part through 7-8-02.................................1002
    Nomenclature change.............................................4148
    (a)(11)(v) and (b)(3)(iii) revised.............................21605

[[Page 965]]

    (a)(5)(iv), (11), (12), (b)(3) and (6) amended.................64317
    (b)(7) added...................................................70860
679.23 (d)(2), (e)(2), (3) and (4)(iii) suspended (temporary); 
        (d)(3), (4), (e)(4)(iv), (v), (5), (6), (7) and (i) added; 
        eff. in part through 7-8-02.................................1003
    (e)(6)(i) suspended (temporary).................................1004
    Nomenclature change.............................................4148
    Regulation at 67 FR 1000 eff. date extended in part to 12-31-
02.................................................................34860
    (d)(3), (4), (e)(4)(iv), (v), (5), (6), (7) and (i) amended....64317
679.24 (b)(2) removed; (a) heading, (1) and (b)(3) revised..........4133
    Nomenclature change.............................................4148
679.26 Nomenclature change; eff. in part (OMB number pending........4148
679.28 (f)(3)(viii) added (temporary)...............................1004
    (f)(3)(ii) and (iv) suspended; (f)(3)(viii) corrected; 
(f)(3)(ix) added; eff. through 7-8-02..............................21605
    Regulation at 67 FR 1004 eff. date extended in part to 12-31-
02.................................................................34860
    (f)(3)(viii) and (ix) amended..................................64317
    (c) revised; (g) added; eff. in part to 12-31-07...............79731
679.30 Nomenclature change..........................................4148
    Amended; eff. to 12-31-07......................................79738
679.31 (f) suspended (temporary); (g) added.........................1004
    (d) revised....................................................13293
    (g) amended....................................................64317
    (a) revised; eff. to 12-31-07..................................79733
679.32 (a)(2) and (e) suspended (temporary).........................1004
    (a)(2) removed; (a)(1) redesignated as (a)......................4133
    Nomenclature change.............................................4148
    (c)(1)(i) amended; (c)(2)(i)(A), (ii)(A) and (f)(4) revised....18140
    Regulation at 67 FR 1000 eff. date extended in part to 12-31-
02.................................................................34860
    (a) suspended through 12-31-02.................................64317
    (c)(3)(vi) added; eff. to 12-31-07.............................79733
    Amended; eff. to 12-31-07......................................79738
679.40 (a)(2)(i)(C) and (D) added...................................4133
679.41 Nomenclature change..........................................4148
    (i)(2) removed; (i)(3) redesignated as (i)(2)...................4133
679.42 (c)(2) revised; (c)(3) added.................................4133
    (e) and (j)(2) through (4) revised; (i)(3) and (j)(7) added....20918
    (c)(2) corrected...............................................22011
679.43 Nomenclature change..........................................4148
    (a) amended....................................................64317
    (e) revised....................................................72611
679.45 (a)(4)(iii) and (iv) revised.................................4133
679.50 (c)(4)(i) suspended; (c)(4)(iv) added (temporary); 
        (c)(1)(x) and (6) added.....................................1005
    Nomenclature change.............................................4148
    (c)(4)(vi)(B) suspended; (c)(4)(vi)(C) added; eff. through 7-
8-02...............................................................21605
    (c)(1)(x), (4)(vi) introductory text, (c)(4)(vi)(C) and (6) 
amended............................................................64317
    (c)(4)(i) through (iv), (v)(A), (B), (vi)(A), (B), (C), 
(6)(ii) and (d)(4)(i) amended; (j) removed; (e) through (i) 
redesignated as (f) through (j); new (e) added; heading, new (h), 
(i) and (j) revised; eff. date confirmed...........................72611
    Heading and (c)(4)(i) revised; (c)(6) removed; (d)(5) added; 
eff. to 12-31-07...................................................79733
    Amended; eff. to 12-31-07......................................79738
679.60-679.65 (Subpart F) added; eff. to 12-31-07..................79734
679 Figure 3b revised...............................................4134
    Figures 19 and 20 added.........................................4134
    Tables 1 through 3 revised......................................4137
    Tables 4, 5 and 6 suspended; eff. through 7-8-02................1005
    Regulation at 67 FR 1005 eff. date extended to 12-31-02........34860
    Table 9 revised.................................................4137
    Table 9 corrected..............................................22012
    Table 10 revised................................................4137
    Table 10 corrected.............................................22013
    Table 11 revised................................................4137
    Table 11 corrected.............................................22016
    Table 11 revised...............................................64317
    Tables 21, 22, 23, and 24 added.................................1005
    Table 23 amended...............................................21605

[[Page 966]]

                                  2003

  (Regulations published from January 1, 2003, through October 1, 2003)

50 CFR
                                                                   68 FR
                                                                    Page
Chapter VI
600 Authority citation amended.....................................18161
    Authority citation correctly revised...........................23366
    Fishery management measures....................................23901
    Policy statement...............................................42613
600.725 (v) Table VIII revised.....................................18161
    (v) Table VII correctly revised................................23366
    (v) Table VII corrected........................................26230
622 Fishery management measures..............................4965, 11003
    Temporary regulations.............................6360, 47498, 55554
    Comment requests...............................................10180
622.4 (a)(2)(viii), (c), (f) through (j) and (l) revised; (a)(5) 
        and (b)(4) added............................................2192
    (r)(1), (6) and (8)(v) reinstated; (r) revised.................26235
    (r)(9) through (12) added......................................38232
622.7 (b) and (c) revised; (bb) through (ee) added..................2194
622.9 Added.........................................................2194
622.19 Added........................................................2194
622.41 (g) heading revised; (j) added...............................2196
635 Fishery management measures...............14167, 31983, 35822, 56212
    Technical correction...........................................16216
    Temporary regulations............................35185, 38233, 52140
635.5 (c) revised....................................................714
    (c) introductory text amended..................................37773
635.20 (a) revised...................................................714
    Suspension at 67 FR 78993 extended until 12-297-03.............31983
635.21 (d)(4)(iv) added..............................................714
635.22 (a), (c) and (d) revised; (e) and (f) added...................714
635.23 (f) revised.................................................32417
635.27 (a)(3) revised..............................................32417
    Regulation at 67 FR 78993 extended until 12-29-03..............31983
635.28 Regulation at 67 FR 78993 extended until 12-29-03...........31983
635.31 (b)(2)(ii) revised; (b)(3) added..............................715
635.69 Regulation at 64 FR 29090 confirmed.........................37772
    Regulation at 66 FR 1907 reinstated............................45169
635.71 (b)(6) revised; (c)(6), (e)(14) and (9)15(10) added...........715
648 Fishery management measures...2919, 6088, 9905, 12612, 16731, 19160, 
                                              25305, 26510, 53528, 55010
    Temporary regulations...................................14545, 52141
...................................................................49699
648.2 Amended......................................................49699
648.4 (b) revised..................................................10182
    (a)(5)(i) heading revised......................................31990
    (a)(1)(i)(I)(2) and (c)(2)(iii) revised........................38245
    (a)(14) added..................................................49699
648.5 (a) amended..................................................49699
648.6 (a)(1) revised...............................................49699
648.7 (a)(1)(iii) and (b)(1)(iii) added; (b)(1)(i) revised.........49699
648.11 (a) and (e) revised.........................................49700
648.12 Introductory text revised...................................49700
648.13 (b)(2) introductory text revised............................22336
    (h) added......................................................49700
648.14 (a)(122) revised; (a)(127) added; effective date pending.......68
    (a)(96), (u)(3), (11), (x)(3), (6) and (7) revised.............10183
    OMB number.....................................................12815
    (y) introductory text, (1), (4), (6), (9), (10), (11), (13) 
and (17) through (21) revised......................................22329
    (z)(2) Removed.................................................22336
    (x)(13), (ee), (ff) and (gg) added.............................49700
648.21 (f)(3) revised.................................................60
    (e) correctly removed; old (e) reinstated; CFR correction......33882
648.23 (b)(2) revised...............................................9586
648.53 (b) table revised............................................9586
648.57 (a) introductory text and (b) introductory text revised......9587
648.58 (c)(1), (4), (6), (e)(2), (3)(ii), (4)(ii) and (f) revised 
                                                                    9587
648.80 (a)(5)(i), (6)(i), (8)(i), (ii), (9)(i), (ii) introductory 
        text, (10)(i)(D), (15) introductory text, (i)(B), and 
        (b)(3)(i) revised; (a)(15)(i)(C) removed...................22336
    (a)(16) redesignated as (a)(17); new (a)(16) added.............40810
    (a)(16) table corrected.................................43974, 47265

[[Page 967]]

    (b)(5) introductory text, (i)(A), (6) introductory text; 
(i)(A) and (h)(2)(i)(8) revised; (b)(5)(i)(C) and (b)(6)(i)(D) 
added..............................................................49701
648.81 (g)(1)(ii) revised; interim.................................14348
    (h)(1) revised.................................................38245
648.86 (h)(2)(ii) revised...........................................4114
648.88 (a)(1) revised..............................................38245
648.89 (b)(1), (c)(2)(i) and (ii) revised..........................38246
648.92 (b)(2) revised...............................................4114
    (b)(1) revised.................................................22329
648.93 (a) heading, (1), and (b) revised...........................22329
648.94 (b)(7) removed; (b)(1), (2), (3) heading, (4), (5), (6), 
        (c)(1)(i), (2), (3)(i), and (f) revised....................22329
648.96 Heading, (a), (b) and (c) revised...........................22330
    (b)(1)(ii) corrected...........................................36947
648.105 (a) amended................................................44236
648.107 Introductory text amended..................................44236
    OMB number.....................................................12815
648.122 (a)(1) and (b)(1) revised; (d) added; effective date 
        pending.......................................................68
    (g) revised....................................................44236
648.125 (a) amended................................................44236
648.140 (b)(1), (2) and (d) revised................................10183
648.142 Revised....................................................44236
648.143 (b) revised................................................44236
648.320--648.322 (Subpart O) Added.................................49701
660 Technical correction.......................4719, 18167, 27004, 35575
    Fishery management measures.......23901, 23913, 32680, 40187, 41085, 
                                42643, 43474, 46113, 49721, 52703, 53053
    Temporary regulations..........................................53685
660.22 Regulation at 67 FR 40236 corrected.........................13857
660.302 Amended (temporary)..........................................934
    Amended; eff. 10-6-03..........................................52521
    Amended........................................................11182
660.304 (a) through (f) suspended; (g) through (j) added 
        (temporary)..................................................934
    Heading, (a) heading, (b), (c) and (d) revised.................11231
    Correctly revised..............................................23924
660.321 (a), (b) and (c) revised; eff. 10-6-03.....................52522
660.322 (b)(5) suspended; (b)(6) and (7) added (temporary)...........935
    (b)(5) revised; (b)(6) added...................................11231
660.323 (b) revised................................................11231
    (a)(2)(ii)(C)(1), (3)(i)(A)(1), (iv) introductory text, (b) 
introductory text, (1)(i) introductory text and (ii) revised; eff. 
10-6-03............................................................52522
660.324 (d) and (j) revised; eff. 10-6-03..........................52522
660.332 (a) introductory text, (b)(3) and (e) revised; eff. 10-6-
        03.........................................................52522
660.333 (c)(2) revised; eff. 10-6-03...............................52522
660.350 (a)(6) revised; eff. 10-6-03...............................52522
660.502 Amended.....................................................3822
660.503 (b)(2) and (c)(1) revised..................................52527
660.509 Revised....................................................52527
660.511 (f) added..................................................52527
660.512 (h) added...................................................3822
660.514 Revised.....................................................3822
679 Technical correction.....................................1393, 14902
    Temporary regulations......2920, 2921, 2922, 3823, 3824, 4115, 5585, 
           7323, 7448, 7719, 8153, 8154, 8726, 9907, 9924, 9942, 11994, 
         13635, 13857, 13858, 14168, 15115, 15383, 15384, 15969, 16990, 
          16991, 17750, 19465, 20086, 22635, 24668, 27479,31628, 34550, 
         37094, 37095, 40811, 40812, 41085, 41086, 41945, 41946, 43030, 
         44665, 43479, 43480, 45170, 45786, 46116, 46117, 46502, 47265, 
         47266, 47875, 50079, 51515, 52141, 52718, 52856, 54395, 55901, 
                                                            56213, 56214
    Fishery management measures........24668, 51928, 51929, 51931, 53687
    Authority citation revised................................6836, 9905
679.2 Amended..........................................209, 18162, 44480
    Corrected......................................................23367
679.4 (b)(5)(vi) revised.............................................209
    (l)(6)(ii)(D)(2)(iii) added.....................................6836
    (a)(1)(i), (ii), (d) and (e) revised...........................44480
    (k)(9)(iii)(F) revised.........................................44667
    (k)(5)(iii)(A) and (iv) revised................................46118
679.5 (n)(2)(iii)(B)(4) revised......................................209
    Heading, (a)(1)(i), (ii), (15), (g), (k) and (l) revised.......44481
679.7 (c)(3) removed; (a)(1), (17), (18), (19) and (b) revised.......209
    (k)(5)(i) revised...............................................6836
    (f)(6) and (12) revised........................................44487

[[Page 968]]

679.20 (a)(7)(iii)(B) and (f)(3) removed; (a)(7)(iii)(C) and (D) 
        redesignated as (a)(7)(iii)(B) and (C); (a)(5)(i)(A), (B), 
        (ii)(B), (6)(ii), (iii), (7)(1)(C)(2), (3), (ii)(A), (D), 
        (iii)(A), new (B), (8)(ii)(C), (iii), (11), (b)(2)(i), 
        (ii), (c)(2)(i), (ii) and (d)(4) revised; (e)(2)(iv) added
                                                                     210
    (a)(5)(iii)(B) amended.........................................17314
    (a)(5)(i)(B) redesignated as (a)(5)(i)(C); new (a)(5)(i)(B) 
added; (b)(2)(i) and (ii) revised..................................24617
    (g)(1)(i), (4)(i)(B) and (ii)(B) revised.......................40814
679.22 (a)(5), (7), (8), (b)(2) and (3) revised......................212
    (a)(11) revised................................................11006
    (a)(7)(vii)(C) revised.........................................24617
679.23 (d)(2), (3), (e)(2), (3), (4)(iii), (5) and (i) revised.......214
    Corrected.......................................................2636
679.27 (b)(3) and (4) removed; (b)(5) redesignated as new (b)(3); 
        eff. 10-2-03...............................................52144
679.28 (f)(e)(ii) and (iii) revised; (f)(4), (5) and (6) added.......215
679.31 (b)(3)(iv) revised...........................................9905
679.32 (e) removed...................................................215
    (f)(1) revised; (f)(2) removed; (f)(3), (4) and (5) 
redesignated as (f)(2), (3) and (4)................................44487
679.42 (a), (c)(1)(ii), (iv) and (2)(i) revised....................44487
679.43 (c) revised.................................................44487
679.50 (c)(1)(x) revised.............................................215
    (d)(3) through (6) redesignated as (d)(4) through (7); 
(c)(1)(vii), new (d)(4), (i)(2)(vi) and (xii) revised; new (d)(3) 
added................................................................719
    Regulation at 68 FR 719 corrected; (d)(5)(i), (ii)(B) and 
(g)(2)(ii)(B)(2) amended...........................................15970
    (a) corrected..................................................37096
    (c)(4)(v)(A) and (B) revised...................................49374
679.61 (a) revised..................................................6836
    Regulation at 67 FR 79692 confirmed............................51146
679.62 (b) revised; (c) added (OMB numbers).........................6836
    Regulation at 68 FR 6836 confirmed.............................51146
679 Tables 4, 5 and 6 revised; Table 12 added; Tables 13 and 21 
        through 24 removed...........................................215
    Figure 21 added................................................11006
    Figure 6 correctly revised..............................20084, 23925
    Tables 4, 5 and 6 revised......................................24618
    Table 5 revised................................................31631
    Table 14a and 14b revised......................................44487
    Tables 14a and 14b corrected...................................51712
697.2 Amended......................................................14925
697.4 (a)(7)(ii) revised; (a)(7)(vi) through (x) and (f)(1)(v) 
        added......................................................14925
697.18 (a), (b), and (h) revised...................................14930
697.19 Revised.....................................................14930
697.25 (b) and (c) redesignated as (c) and (d); new (b) added......14931
697 Table 1 added..................................................14931
    Regulation at 68 FR 14931 corrected............................16732


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